Newspaper Page Text
4
THE ATHENS GEORGIAN NOVEMBER 20, 1877.
fcpm.
H. H. CARLTON, - Editor.
To the Public.
Tliis is to announce to the readers
of the Georgian and the public gen
erally, that having disposed ot my
interest in the Georgian to Mr. W.
F. Combs, formerly associate editor
and proprietor of the McDuffie
Journal, from this date he will
nssuinn entire control of the paper as
editor and publisher.
All existing contracts with the
Georgian, both Weekly and Tri-
Weekly, a9 to advertisements, sub
scriptions, and all other bus : ness per
taining to this office, will be faithfully
complied with and fully carried out
)>y my successor.
£t is not without difficulty and
that I have regret gained my
consent to sever my con
nection with journalism, and espc
dally so with the Georgian, and my
reluctance at so doing is only ovcr-
ico.no by the conviction that, in turn
ing over my paper to Mr. Combs, its
readers, the people of Athens and of
Northeast Georgia, instead ofi
being the losers, will have their inter-'
esls largely subserved.
Having donned the robe Editorial
at a time when I thought my feeble
elf n is might be made of some service
to my people ami my country
and under nil circumstances, to ad
vocate and reflect, the will of a major
ity of the intelligent masses.
The natural advantages of the
section of country through which the
Georgian circulates are already
known to thousands beyond its
limits, and nothing is wanting to
awaken and develop the dormant
industries thereof but the proper
encouragement from those who have
means and influence sufficient to
command the attention of those seek
ing homes and investments among
ns. Recognizing this fact, the col
umns of the Georgian will always be
open as heretofore to the discussion
of measures which tend to the public
good and the development of our
unbounded resources.
The political principles heretofore
enunciated in the columns of the pa
per are in perfect accord with the
views of the present Editor. The
checkered political history of our
country during the last decade is
sufficient to convince an}' one of the
wisdom" of party organisation as the
only sure means of preserving the
principles and fundamental laws under
which our country prospered for
nearly a century. Therefore, as
guarantee against future troubles, and
in order that the will of the people
may be, from time, to time properly
delegated, I shall always be in favor
of keeping in thorough repair party
machinery.
Hoping to meiit and receive the
favor and support of the intelligent
through the field of journalism, I have , T .
to the best of my humble j ™<>n 5 whom I have cast my
do my whole duty. In ,ot ’ 1 am > Mo9t Respectfully,
W. F, Combs.
striven
abilities to
thus endeavoring to keep the Geor
gian up to the true standard of
journalism, I am aware that while I
may have won some friends by my
course, I am equally aware that
some have been alienated. This may
he a matter of regret; yet, I shall try
and find a solace in the kno wledge
and conciousness that if offense
has been given, it is that which
eom.-s as the unavoidable embarrass
ment and inconvenience of an honest,
fearless, impartial, just and independ
ent discharge of duty.
In taking leave of the numerous
friends of the Georgian permit me
to commend to you and to the same
kind and generous treatment which I
have ever received at your hands, my
able, enterprising, efficient and ac-1
complishad successor, Mr. W. F.
Combs. Permit me further to say,
that my associations with you through
the columns of ;ny paper have been
to me both pleasant and profitable
and while they may lie interrupted
in this channel, I trust they may be
renewed through 6ome ether in
which the pleasures may be increased
and my humble efforts made more
subservient to my people and to the
true interest of my country. To
those who may have had engendered,
by my journalistic course, feelings of
Uiikiiidness, allow me to say, that so
thr as such may have obtained with
me, I leave them behind, with my
retirement from the heated contests of
the newspaper field, and trust ycu
may he able to find in the intended
honesty and sincerity of purpose in
my course, at least, an excuse for my
errors.
I am very Respectfully,
H. H Cari.ton.
N. B. As will he seen elsewhere,
and at the request of Mr. Combs, I
will continue my connection editorial
ly with the Georgian until the local
political issues now before our people
shall have been disposed of on the fith
of December next. After this date
sny separation with the Georgian
will be final and complete.
Respectfully,
H. H. Carlton.
From the above announcement, it
will be seen that the undersigned has
assumed entire control as Editor and
Publisher of the Georgian. I cannot
hope to make the paper more accept
able to its thousands of readers than
did my worthy aud honored prede
cessor, Dr. Carlton. However, with
clear convictions of duty as a citizen,
and being familiar with the obliga
tions of a journalist towards those
whom lie represents, and from whom
he expects support and encourage'
Gen. Longstreot, in a letter to the
editor of the Allegan (Mich.) Journal,
makes the following point on “ Dem
ocrats of the line: ”
It is interesting to witness leaders
and Democrats of the line seeking
office of a Republican President,
whose election they claim was fraud
ulent, while they continue to de-
noviice those of the South who ac
cepted office from President Grant,
whose election they never questioned.
fully with - the coutract, expending
additional large sums of mouey, and
having so done, applied to Governor
Smith for the endorsement. His
delayed action in the matter, (as seen
per printed correspondence below,)
embarrassed the whole matter, trans
ferring it to Governor Colquitt as
part of the unfinished business of the
preceeding administration.. Governor
Colquitt feeling restrained in the
matter, applied to the legislature last
winter for an expression guiding his
action as relating to the endorsement.
Owing to the legal argument before
the Judiciary Committee being great
ly protracted, the hill introduced was
delayed too late for action by the
General Assembly. The Judic : ary
Committee, evidently recognizing a
right and justice in the claim of the
road, refused to recommend against
the passage of the hill, which was a
quasi endorsement thereof. Even
leading members of the committee
ottering to advocate the passage of
the bill in the House. An effort was
then made to introduce a resolution,
which unquestionably would have
passed, but the Directors of the road
would not consent, fearing the cftects
of a resolution as a substitute tor the
bill which had been introduced and
withdrawn for want of time for its
passage. The question thus being left.
Governor Colquitt requested the case
to be brought before the Supreme
Court for adjudication under the
II Section of the repealing act ot
1^74. Such was dune, and the Su
preme Court failing to determine the
law in the c-.se, or rather the eon-ti-
tntionality of the stat utes, referred it
back to Governor Colquitt for final
action.
Noav, we submit, that by reason
of this action of the Supreme Court,
and in view of the constitutional pro
vision which says, “ that the execu
tive, legislative aud judicial depart
ments of the Government shall he
kept separate and distinct,” that the
reference to the Governor was simply
for executive action, anil* that he has
no power as arbiter or adjudicator of
the law, which point moj^being raised
dorsement by the State of the bonds
of the Northeastern Railroad.
Again, another strong point may
be raised in this case, to-wit: Gov
ernor Smith raised no point as to the
constitutionality of these statutes, but
unhesitatingly gave his approval to
them. Therefore, as the courts have
declined to do so, Governor Colquitt
has no right or power to raise the
question ot their constitutionality,
lmt is forced or required by virtue of
his office to proceed according to the
true intent and meaning of said stat
utes. Governor Smith really never
refused to grant the endorsement,
but simply deferred the matter, say
ing “ that when the road fully com
plied with the requisitions of the law
granting State aid, that he would
have no latitude allowed him, but
would have to execute the law and
grant the State’s endorsement.”
However much Governor Colquitt
may he opposed to Slate aid as a
policy, still, in this case, he cannot
fail to comply with the law and sus
tain the good faith of the State. He
cannot be censured for obeying the
plain law, which is made for his con
trol and guidance in the discharge
of his executive duties. If there he
blame or censure, it must rest upon
the legislature for passing the stat
utes, upon the Governor who granted
his executive approval thereto, and
upon the court to which they were
referred to determine their constitu
tionality, a’ul not upon Governor
Colquitt whose only duty it is to
execute the law as he finds it.
We are satisfied that Governor
Colquitt must see a clear right which
this road has to the State’s endorse
ment upon its bonds, and knowing
him to be a chief executive whose
highest ambition is to do his whole
duty, honestly, justly and in accord
ance with the laws governing his ex
ecuti/e action, we feel sure that he
will grant the endorsement of the
State upon the bonds of the North
eastern Railroad.
State of Georgia, Executiv-e
Depart 'ext.
Atlant. . Ga., Jan. 26, 1876
Johnson, Secretary, &c.,
,, . . „ — . , .. 1 bv Governor Smith when he np-
Facts m Regard to the North-1 th(! U|| , , lluU1 , 0 rp80 ,
eastern Railroad niul the ,
Endorsement of Its
Bonds.
In 1870 the legislature passed a
bill chartering the Northeastern Rail
road, which bill contemplated grant
ing the credit of the State by way of
aid to said road when it had complied
with the provisions of the law allow
ing State aid. No limit of time was
fixed in the hill, in which the road
should comply with the requisitions
of the law. However, up to the time
of the repealing act, the company
had expended somu one hundred and
eighty odd thousand dollars on the
road, establishing, beyord doubt, a
vested right. In 1874, the legisla
ture passed a hill repealing State aid
to all roads chartered with such pro
visions, except where the right had
vested. Pending the passage of this
bill, a movement was. made in the
legislature to specially except the
Northeastern Railroad, from the pro
visions of the repealing act. Senator
Mathews, the framer and introducer
of the repealing act, had so promised,
but neglected to so provide in his
bill. He then authorized such an
amendment to be made in the House
by the Chairman of the Judiciary
Committee, Mr. Pierce, of Hancock.
Mr. Pierce failed to do so, giving as
his reasons, that unquestionably the
right had vested in the Northeastern
Railroad; therefore, the exemption
was unnecessary, as the road was not
effected by the provisions of the re
pealing act. The friends of the road,
unwilling to risk its claims thus, foL
lowed the hill immediately with a
resolution excepting the Northeast
ern Railroad from the provisions of
said repealing act.
This resolution, which was passed
unanimously by both Houses of the
General Assembly, was declaratory
of the intent and meaning of its own
act, and beyond doubt, contemplated
the endorsement of the State upon
the bonds of the road. The road,
relying upon the plighted faith and
promise of the State, guaranteed by
mcnt,5 I shall endeavor, at all times, | the resolution, proceeded to comply
Mr.
TV-E")
5 ’ J
devolved the duty of deciding the
constitutionality of the statutes solely
upon the courts.
Then, this proposition being
granted, and that the Governor can
not assume to himself the power to
determine the legality or constitu
tionality of the law, which the courts
have declined to do, that the only
guide for him in his executive action
is the true intent and meaning of
the legislature, involving as it does
the question of right and justice to
this road, and all of which establishes
an equity which even the court itself
cannot and does not question. This
rule for the construction of the stat
utes of the legislature is fully sus
tained l»y the best, highest and fully
recognized authorities. It is true
the Attorney General of the State
has rendered an opinion, by virtue of
his argument before the courts, ad
verse to the elaim of the road, so fai
ns the strict technicality of the law
goes, not upon the point of equity,
however; but since the court in ren
dering its decision ignored every
point made in the record, and rajsed
points and issues outside of the argu
ment upon which to base its decision,
we hold that the Attorney General is
retired from the case so far as his
opinion is to influence the Governor
in his action. Certainly this propo
sition ■must hold good, as the court is
supreme and superior to the Attorney
General.
Then, to recapitulate, the Supreme
Court having failed to settle or de-
term'ne the constitutionality of the
statutes ujion which the claim of the
road is based ; the Attorney General
and his opinion being retired from the
case, so far as influencing or con
trolling the action of the Governor,
and the Governor, under the circum
stances, having no power as arbiter
or adjudicator ot the law, then th*
Governor’s action must be controlled
by and entirely rested upon the
spirit, the true intent and meaning of
the statutes of the legislature, which
is unquestioned and beyond cavil or
doubt, fully contemplated the cn-
Juliu Calvin
Athena, Ga
Dear Sir—I acknowledge the re-
ciept of your communication of the
24th instant, in which you state that
yon had informed the Directors of
your company that, in a conference
with Messrs. Phinizy, McDaniel and
and yourself, I stated that, however
much 1 might be oggosed to State aid,
if the company should fully comply
with the terms of the charter and with
the law granting aid, I would be left
without option in the premises, and
would be obliged to indorse the com
pany’s bonds, as required by law ; but
would hold the company to a rigorous
compliance with the requirements of
the law.
The foregoing statement is, in sub
stance, what I said on the occasion
referred to with this addition, however,
The Capital Question.
In another column will be found a
most interesting communication sign
ed “Augusta” and which we extract
from the Chronicle t& Constitution
alist. It occurs to us that this is
about the best argument in favor of
Atlanta that we have seen, and iu a
large degree unanswerable.
We have been surprised in the ar
guments advanced in the interest of
Atlanta—that its claims for the Cap
ital have not been based entirely upon
the question of economy. This is,
and should be, the controlling ques
tion with the people at this time,
when alrea'ly they are over-hurdened
with taxes. The idea has and does
prevail that should Atlanta be voted
the future Capital of the State, that
a new- Capitol would have to be built
costing millions of dollars. This is
all a mistake. The present Capitol
building in Atlanta is ample good for
years aud years to come. Indeed, it
is the best building in Atlanta, not
withstanding the many sensational
reports that have obtained in regard
to its safety. As to convenience of
arrangement, no State can boast a
more suitably arranged Capitol. Then
if Atlanta is selected, the Slate would
be at no expense, save a small amount
to repair the plastering of the pres
ent Capitol building.
If Milledgeville should be selected,
the expense of calling an extra ses
sion of the Legislature, llio expense
of moving the government to Mil
ledgeville, and the unavoidable ex
pense of suiting the Capitol buildings
in MilledgeviUe to the increased de
partments of our government could
not possibly be less than two or three
hundred thousand dollars,
We have not heretofore taken sides
or discussed this question through
our columns, for the simple reason
that there is no principle involved in
the question, and we felt disposed to
let our people exercise their" own
tastes and preferences upon the Cap
ital question. Nor do we propose
now to enter into any particular dis
cussion upon lliu question, hut the
foregoing are facts which we deem it
but just that our people should know
aud understand that in casting their
votes they might consult that which
would he to their greatest interest as
tax-payers and which they would not
have to regret in the future.
Tlxa Sella of S-b. lyfioliael’e.
When the destruction of St. Michael’* hells,
in the homing of Columbia, was reported, the
following line? were written by Mins Pauline
Thomas, daughter of Stevens Thomas, Em., of
Athena, Ga. Afterwarda married to the Rev.
W. II. Adame, pastor of the Circular Church,
Charleston, she enjoyed for nine year* the Sab
bath melodies of the restored chime. For
seventeen months the form of the writer has
slept in the beautiful Oconee Cemetery cf her
native city. These lines, recalled by the peti
tion now pending for the refunding of duties,
for the first time appear in print:
Bells of God’s Templo! your pure, silvery peals
- - 'es of
Long echoed o’er'waves of the blue, lonely
sen,
"Wailing life’s kn*U .when death over it^steasl,
Kinging in gladness gay chmies ot its glee.
Like music’s fiiint blending on-borne by »
dream,
Through the dim vista of long-vanished
years;
Like the low murmur and sigh of a stream,
Float your wild notea o’er the past in its
tears.
Like angel’s .rich attains from Heaven’s arch
wafted clear.
As musie devotion woed soft to the Throne,
IIow often hath trembled ‘on hushed, listening
air,
The deep, solemn pleading of each liquid
tear.
Ah '. many low dirges have crested your waves,
The sad, wailing moans of death’s lingering
knell,
Breathing life’s sorrow o’re lone, quiet graves,
Love’s requiem sighing in each muffled bell.
"Then joyous echoes, with hope’s gladness
teemed,
Thrilled over bright youth ot love’s garland
ed shrine,
And wreathed o’er the pi.ro brow where golden
hair gleamed
Tlie tieinulous music which bridal-bells
twine.
The mariner far o’er the dark-snrging wave,
Listened to peaus forth-borne from your
dome,
And dreamed of the beauty bright fancies en
grave,
The spring-time of life, the pure love-light of
home.
All past and forever 1 The silvery notes died,
And lost tlicir sweet blending in clangor of
war.
Yielding their chimes to the r d, rushing tide.
As a torrent’s deep wave is the grave of a star.
Long vears have elapsed since those battles’ red
flow
On ye, hollowed bells, affixed their dark
stain;
But the honor and faith of a chivalric foe
Bore ye back proudly across the bluo maio.
Alas! that this warfare, implacable, stern,
Marking in ashes ana blood its dread path,
Appalling its glare os homes lurid burn 1
Wrapped your sweet chimes in flames criiq-
aonoJ with wrath,
Farewell forever, sweet bells of the soul!
Silent, your music shall wake never more ;
It breathes not, it thrills not, never more shall
it roll
Its deep-wailing dirges, call faith to adore.
Athena, Ga., March, 13t!5.
Unjust Discrimination.
Recently tlie officers of tlie Ameri
cas Fair Association, it is charged,
applied to Superintendent Wadley, of
the Central Railroad for a reduction
of rates over the line on articles for
exhibition and for persons desiring to
attend the Fair. The petition was
returned unsanctioncd, with the stated
reason that the Fair aud the interests
thereof were of no especial benefit to
the corporation. Subsequently, re-
that the application made by your j duced rates were secured by a circus
company for aid having been prema
ture, my declination to indorse your
company’s bonds would be withdiawn
for the present, and if you should
hereafter place yourself in a situation
entitling your company to the aid of
the State it would, of course, be iny
duty to ohey-the law. I am, yours
respectfully, James M. Smith
report of commissiners.
Messrs. John II. Powers, John A.
Grant, and Charles B. Wallace were
appointed commissoners; they re
ported under oath, and it is of file in
the Executive Office. They state that
the Company had expended $306,-
483,43 in cash ; that the graduation
and masonry had been done in a very
thorough and substantial manner;
that the main line was about 213 feet
in excess of forty miles. They say, in
substance, that all the work had been
well done, and that the rolling stock
was new and of the best character,
and they use this language: “ We find
upon investigation, that no superstruc
ture had been put upon the road
previous to the 24th of February,
1874, though the grading had been
nearly or quite complete, and a large
number ot ties had been delivered
upon the line, and contracts let for
more; the grading at that time had
cost 8180,487,12. There are no
mortgages on the road, or any of its
property, though the iron was bought
and the track-laying contract let, with
the understanding that they were to
be paid for in the company’s endorsed
bonds.”
Thanksgiving Proclamation.
BY THE GOVERNOR OF GEORGIA :
The citizens of Georgia have enjoyed iq
large degree during 1 he present year, t'
ings of a merciful and bountiful Pr
We have been spared the scourge ot p.
our harvests have been plenteous,
munities have been peaceful. Sjjehi'
been universally preserved, ana*th
the people lmve been cheered by t!
and promise of a restored liarnion
temitv.
It becomes ns as an intelligent amitia
people to make formal, reverent and lmuriie.i.
acknowledgment of this good and mercy.
To this end, I earnestly invite you to* meet in
our several places of worship on'Thursday, the
29th of this month, to testify onr gratitude to
God, and, with our households, bow before the
Majesty of Heaven, thanking Him for pas?
mercies, and invoking His care and blessing
uj*on the future of Georgia and our cuimnou
country.
Given under my hand and tlie Seal of the
Executive Department, at tlie Capital
in Atlanta, this 15th day of November,
in the year of our Lord one tlious..iul
eight hundred and seventy-seven.
ALFRED II. COLQUITT,
By tlie Governor: Governor.
J. W. WARREN,
Secretary Executive Department.
nov20-Et.
company, which, instead of adding
to the material prosperity of the
country, rids the same of five hundred
per cent, more than they leave in
their line of march. This, we think,
is not only unpatriotic, bill an exer
cise of authority which, to us, seems
to have been indulged in simply as a
reminder of vested power. This is
not the first instance in which the
people along the line of the South
western branch of the Central Rail
road have had cause to complain of
their treatment at the hands of Mr.
Wadley. The Central being the only
interior line of transportation through
an immense section of country, and
also controling a majority of the boats
on the Chattahoochee river, the peos
people are at the mercy of the corpo
ration, and Mr. Wadley can, as it
were, order the imports and exports
for the entire section over his route
and charge what ho pleases for the
privilege.
The only remedy for the people is
to build the Columbus & Albany
Railroad, for which a charter has
already been granted. While this
would not be a parallel line, it would
traverse a section of country from
which Mr. Wadley undoubtedly
draws his heaviest freights, and allow
those receiving and shipping to choose
■ between two ports of entry.
G eorgia, clarke county—whereas,
Benjamin F. Culp applies tv me for Letters
of Administration oil the estate of Isaac S.
Moon, (late of said county,) deceased—
These are, therefore, to cite and admonish all
concerned, to show cause at my office, on or
before the first Monday in January next, why-
said Letters should not be granted.
Given under my hand, at office, this tlie lGtli
day of November, 1877.
ASA M. JACKSON, Ordinary.
uov20-3 d.
G eorgia, olarke county.-whereas,
William Giileland, administrator of Hen
derson Gillcland, deceased, petitions in terms
of the law to be discharged from snid minimis-
tration—
These are, therefore, to cite aud admonish all
concerned, to show cause ut my office, on or
before the first Monday iu March next, against
the granting of said discharge.
Given uuder my baud, at office, this I6th day
of November, 1877.
ASA M. JACKSON, Ordinary.
nov20-3m.
XTo-bice.
All persons having demands against
LaFayette Maupin,- (late of Clarke eounty,)
deceased, are hereby notified to present the
>amo to mo for payment within the time pre
scribed by law, and those indebted to said de
ceased are requested to make immediate pay
ment. ED WARD R. HODGSON,
liov20-6w. Administrator.
FASHIONABLE CARDS, with name,
AU 10c. 25 Escort Cards, 25 styles, 10c.
nov20-2t. J. B. IIUSTED, Nassau, N. Y.
qr ELEGANT CARDS, no two alike, with
AiJ name, 10c.; or 15 Comic Photos or Ac
tresses, 10c.; or 20 Flue Scroll Cards, 20 styles,
no names, loc. post paid.
nov20-2t. J. B. DUSTED, Nassau. N. Y.
FASHIONABLE HATS AND BONNETS
—AT-
Greatly Reduced- Figures.
All of iny choice and fashionable Pattern Hats
and Bonnets, I now offer to my friends and the
public at greatly reduced prices
FOR CASS.
Besides my large stock of elegant hats, I have
in store the Iutest styles of plumes ot every hue
and shade, which 1 offer at New York figures.
Also, handsome bows and ties for the neck,
and ail other articles usually found in millinery
stores at prices to suit the times. Call early and
secure bargains.
MARIA MoOARTNEY,
oct80 tf. College Ave., Athens, Ga.