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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.