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I S l \ AND TIMES
THOMAS GILBERT.
TIIO3. Gilbert & Cos.,
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ALABAMA NEWS.
sue State .Journal says a strong disposi
uis prevailing among members of the
General Assembly to remove the capital
l!U Montgomery to Opelika or Talladega.
This disposition is so prevalent that a
.-.solution was introduced in the Senate,
' ;.d.iv, by Colonel Goodloe, looking di
rectiy to that end. They say Montgomery
i, unhealthy and hotels are too high.
There have been only fifteen cases of
meningitis in Montgomery in thirty days,
and tho disease is decreasing.
Twenty-seven hundred emigrants have
massed westward over the Western road
within the last seven days.
General S. G. Haraway died in Mont
iiuery, Sunday. In the early settlement
J Alabama he was one of the few who
escaped murder at the hands of the In
dians who captured a stage coach between
Montgomery and Columbus. He was in
t>>e Texan army, and afterwards in the U.
x army in Mexico. For several years he
was Major-General of militia.
I Hon. W. J. Gilmore, Senator from
I -unitor county, died in Montgomery on
I; n s lay of a congestive chill. Third
I nber of the Legislature that has died
I this session.
Rev. John 13. Taylor and Mrs. Dr. T. A.
Means, of Montgomery, are dead.
The Montgomery Advertiser has stopped
iking midnight dispatches, and employs
the money in receiving Washington spe
cials.
Colonel Joseph Hodgson, the brilliant
editor, has assumed editorial control of
tho Alabama Advance, a daily paper pnb
li-:hod in Montgomery, mainly devoted to
the commercial and industrial resources
of the State.
Tho Radical. intend running a square
iiiit ticket for municipal officers in Ala
bama.
Eufaula had a largely-attended railroad
meeting in tho interest of the Brunswick
and Albany railroad, favoring an early ex
tension to Eufaula. Mayor Roberts pre
sled. It was unanimously resolved by
those present to respond favorably to any
reasonable demands for assistance thut
the company may expect of them, and the
opinion was expressed by the meeting
that tho Legislature of Georgia, now in
session, should stand by the State's en
iliraemcnt of the bonds of the road and
not repudiate ilsV action of a few years
ago. We would really like to know what
business Eufanla has advising concerning
the bonds of our State ; which are now,
notwithstanding the cry of repudiation,
far above tlioso of Alabama. Our neigh
bors ought to attend better to their own
bonds and politics. We of Georgia have
no ltadical officers to manage our affairs,
ami our bonds are bolter than any other
Stato in the South.
Uov. John B. Taylor, who died in Mont
gomory on the 20th, was formerly private
secretary to Governor Shorter.
Birmingham is rapidly increasing in
population. Sho claims 4,000.
Gentlemen from Texas report that there
»re in that State not less than ten thou
sand men who would be willing to work
May laborers on the farms of Alabama,
if by so doing they could be assured of
their return to this State.
tho Eufanla Methodists have purchased
anew lot. and intend erecting anew and
handsome church edifice.
ilio Eufanla News reports the deaths
among tho colored people in Georgetown,
Ga., as astonishing.
Iho demand for provisions is unprece
dented in tho Eufanla mnrket.
Iho Spring term of the Union Springs
Institute, l’rof. Mclver, Principal, opened
"ilh over one hundred students.
In the Bullock Criminal Court, last
*Olll, illiam Thompson, Robert Black
mon aiul Alfred Williams, all colored,
wore convicted of petit larceny, aud seu
• Mod, respectively, to hard labor for tho
county, for twenty aud thirty-five days,
and eight months.
f’r. D. N. Banks, of Enon, intends erect
■l two brick stores on the burned Foster
ock in Union Springs, whieh lot ho has
bought.
bhe Bullock county Grand Jury' roturn
-0-1 fire true bills, and recommended that
'ne County’ Commissioners repair the jail
Tyos steam sash and door factory, in
1 nion Springs, is in operation. Mr.
V',eldi, of Cotton Valley, will establish n
gin factory in tho same building.
In Bullock County Court a case was
Wed involving the liability of a fire in
' if.mce company to pay damages upon a
certificate of insurance where tho pro
'nium had not been paid. The jury re
turned a verdict in favor of the holder
’’ We certificate covering the amount of
damages claimed, less tho premium. The
case goes to the Supreme Court.
“° tnanv negroes have left Tuscaloosa
county for Mississippi that planters have
great difficulty in securing hands.
Ike engine for the Red Mountain Iron
' 'fks, to be used on their narrow gauge
a.lroad to their ore bods, passed through
kirniingham a few days ago. It bore the
ttarae of Daniel Pratt, a man who has done
Uore toward developing the mechanical
•Bdostries of Alabama than any man in it.
I'-nail pox j s reported in Demopolis and
Bt igkboring cities.
It was so cold in Mobile last Saturday
't a negro’s hand froze to a pump han
-1,0 so t'b’kt that it took two other negroes
pull him loose, leaving the skin stick
*Jk’,o Ike iron. This is vouched for by a
• wlphiu street policeman.
Ike expenses of the Alabama Insane
asylum for IST-' was $5;5,<)14 I)."!, being
ttler ease over the oxpenses of the last
>al year of 714 Id. The records
" a kirger number of patients, which
counts for tho increase of expenses,
“and ca ‘l s ter larger appropriations in tho
( ,ae Mobile Register says : ‘ The Radi
*-Montgomery Journal informs us that
' '>.rnor Lewis, ‘ patriot that he is,’ will
*l’poiut no one to office who is not a con
.. f "‘ ‘ Wen man. Where does our ex
,° C '‘‘dorate Governor Lewis get his own
,s s * s^ ent Union-ism ?” He is simply a
renegade who turned his coat
• ''‘-lit to bed with the carpet-bagger
CopeUad gang. b ,,, u ,. Ua fonnd it
*°Uld Dav
THE STATE LEGISLATURE.
Correspondence Telegraph and Messenger.
Atlanta, Jan. 24, 1872.
SENATE.
I Judge Reese stated, this morning, in the
Senate that ho was laboring under a mis
’ apprehension when he stated yesterday
that tho Macon and Brunswick Railroad
would be forfeited to the State within six
ty or ninety days. The correction has
! somewhat quieted tho fears of some, but
I the impression still prevails, to a certain
i extent, that the finances of the road are
1 in an unsettled and precarious condition.
THE JUDICIAL CIRCUITS.
The bill reducing the number of Judi
cial Circuits to fifteen, was read the sec
ond time in both branches of the General
Assembly to-day, preparatory to its pas
sage to-morrow. It will doubtless meet
with some opposition, but the probabili
ties are that it will pass with a few' trilling
and unimportant amendments
EXEMPTING MANUFACTURERS.
This morning, the policy of exempting
capital employed in manufacturing cotton
and woolen goods, and other articles of
general commerce, was thoroughly venti
| fated. The discussion was provoked by a
, bill incorporating the Arkwright Manufac
turing Company of Savannah, which bill
provided for exempting capital used in
i the enterprise from taxation for the first
j ten years.
The advocates of the policy of exempt
ing such capital, contended that it would
invite millions of capital to the State
which, being fixed in tho State, would, at
the expiration of the exemption, be the
source of an immense income to the State.
They instanced the property of the New
England States, which now, by this poli
cy, controlled the politics and finances of
the country.
The opponents of tho bill argued that it
was class legislation, and made glaring
discriminations in favor of the capitalist,
to tho prejudice of the laborer; that the
capital of the manufacturers deserved to
be taxed as much as the capital of farmers,
merchants and mechanics. The report of
the committee, which was favorable to the
bill, was disagreed to by a vote of 72 to
7i. On motion of Mr. Mercer, the bill
was then adopted.
HOUSE.
Mr. Longley introduced a bill to repeal
article 7, section 17 of the Constitution in
relation to homestead and exemption acts.
CONTESTED SEAT.
The Committee on Privileges and Elec
tions made a report in the case of the con
tested election from Hart county. The
election was between Mr. Allen Turner
(Democrat) and Mr. Duncan (Indepen
dent), who now occupies the seat. The
committee reported in favor of seating
Mr. Turner, the contestant. The con
testant (Mr. Turner) had roceived 3!)6
votes and Mr. Duncan 3i>7. Os these
.votes, 21 were illegal; and of the2l fraud
ulent votes, Mr. Duncan had roceived 20
j and Mr. Turner 1. Pending the discus
sion, the House adjourned. It seems
[probable that Mr. Turner will be seated,
[though it will be contested.
I TAXING AGRICULTURAL PRODUCTS,
j The bill prohibiting the taxing of agri-
I cultural products by municipal corpora
• tions has been made the special order of
[the day for next Wednesday. It will pro
l voke a long discussion. Tho following is
a copy of the bill:
A uili, to bo entitled aij act to protoct
J agricultural products from taxation by
! municipal corporations, and from
| charges for same by factors and com
| mission merchants in this State,
i Sec. 1. lie it enacted, etc., That from
' and after tho passage of this act, munici
pal corporations of this State shall not
levy or assess a tax on cotton, or the sales
thereof.
Sec. 2. That municipal corporations of
this Stale shall not levy or assess a tax on
any agricultural products raised in this
State, or tho sales thereof, (other than
cotton) until after the expiration of throe
months from the timo of their introduc
tion intojjsaid corporations. 1
Sec. 3. That no commission merchant,
factor or other salesman in this State,
shall, in his bill of expense for the sale or
handling of cotton, or other produce, as
aforesaid, include or collect, directly or
indirectly, any tax or assessment, levied
or attempted to bo levied, upon the sale
of said cotton, and other produce, by any
of said corporations, in violation of the
provision of the first and second sections
of this bill; aud, in case of violation of
the same, he shall be liable, to the party
damaged by such violation, in the sum of
fifty dollars for every dollar so collected,
in an action of debt by said party.
Sec. 4. All laws and parts of laws
in conflict with this aro hereby repealed.
PAYING OFF THE PUBLIC DEBT.
Tho following bill, providing for paying
off the public debt, introduced by Mr.
Brown, came up on its final passage, with
' tho recommendation and approval of the
! Finance Committee :
i A bill, to be entitled an act to provide for
paying off the public debt of the State,
and to designate and set apart a certain
fund for that purpose, and to prescribe
the mode of using the same for said
purpose.
Section 1. Be it enacted by the Senate
and House of Representatives in General
Assembly met, and it is hereby enacted
by authority of tho same. That, from and
after the first day of April next, the en
tire proceeds and net income which the
State shall, from time to time, derive
from the Western aud Atlantic Railroad,
either as rental from the present lessees,
or in whatever form it may be derived
from said road, shall constitute a fund
which shall be used exclusively for the
purpose of paying off the public debt of
the State, which shall be used for said
purpose in tho manner hereinafter pre
scribed.
Sec. 2. And be it further enacted, That,
so soon as the sum of $25,000 shall be
paid into the Treasury of the State from
said road after the first day of April next,
it shall be the duty of the State Treasurer,
under the direction of the Governor, to
use said $25,000 in the purchase of tho
valid and recognized bonds of this Stato,
which bonds shall be purchased at the
lowest price at which they can be scad in
the markets of the country; and as each
successive $25,000 shall be paid into the
State Treasury from said road, it shall be
used in tho purchase of the legal bonds
of this State, in like manner as hereto
fore prescribed for tho use of the first
$25,000.
Sec. 3. It shall be the duty of the Treas
urer to keep a book, in whieh he shall en
ter the date and amotmt of each bond
purchased, the time when the same will
be due, the time when purchased, from
whom purchased, and at what price.
Sec. 4. And be it further enacted. That
as each $25,000 or more of said bonds
shall be purchased, they shall be returned
to the Treasury of the State, and shall
there be cancelled or destroyed, in such
manner as is prescribed by law for can
celling the bonds of this State which are
paid off and discharged.
Sec. 5. And be it further enacted. That
all laws and parts of laws militating
against this act be, and the same are
hereby repealed.
The bill provoked a warm debate,
[which was participated in by a number of
SUPPLEMENT.
!the Senators. Mr. Brown and Mr. Sim
mons both favored the bill in pointed
speeches. The bill was opposed by Mr.
McAfee, on the ground that it interfered
with already existing appropriations of
that fund.
The bill passed by, yeas, 22; nays, 14.
Those voting in the affirmative are:
Messrs. Brown, Cameron, Crawford,
Cone, Estes, Gilmore, Heard, Hester,
Hillyer, Hudson, Kibbee, Kirkland,
Knight, Lester, W. P. Mathews, Mattox,
Nicholls, Peavey, Reese, Simmons, Winn,
Wofford—22.
Those voting in the negative are:
Messrs. Anderson, Arnow, Blance, Brin
berry, Cain, Cannon, Clark, Deveanx, Er
win, Jervis, McAfee, Payne, Poddy,
Steadman—l4.
It will doubtless pass the House.
Os the Middle Temple, Esq.
Considering that we must all live (or
die;, and further considering how many
are wonderfully incapable of self-support,
it is curious that there should be such a
small number, comparatively, of exits by
suicide or by starvation. We have a phys
ical apparatus which seems to be equal to
the digestion and assimilation of almost
anything; and analogous to this is the
talent of a majority of the human race for
getting through narrow straits by mere
shiftiness. But often our attention, is
called to the exception—to the man or
woman who, after an effort more or less
energetic, lamentable breaks dow'n and
gives up the labor of living as hopeless.
The London newspapers record and com
ment upon tho death of a Mr. John Had-
dv, barrister at law, who “was simply
starved to death,” not of his own will, but
literally for the want of something to eat,
which he could not get. He died in the
Strand Workhouse, being too nearly gone
for medical or alimentary recuperation
when he was brought there, and quite
past the bath, the beef tea, and the brandy
and w'ater. Now', nine readers out of ten
will say at once that this poor man was a
drunkard, for that is the readiest if not
the most charitable reason which can be
assigned in such cases, only in this it
would not happen to be the true one, since
it was evidence that John Hadcly, barris
ter at law, was a particular abstinent man.
He had been at the bar for sixteen years,
but he could get no business, and could
not afford to iiire chambers. He was an
excellent scholar, aud a gentleman by act
of Parliament, but he lived in a penny
lodging house, and had his letters sent to
the porter’s lodge of the Middle Temple.
The man is described as “by nature an
orator,” and he sometimes earned a meal
by taking tho chair at someone of the
Fleet street debating clubs. After an ab
sence of six weeks, he returned to his
lodging on Saturday evening; was found
there destitute and dying; was conveyed
to tho work-house, where his miseries
ended on Monday.
The world, we will do it the justice to
say, is not, upon the whole, a hard or
uncharitable one, and is willing enough to
give relief in cases of great emergency
without asking many censorious ques
tions. Unfortunately, tho want which
huddles itself in some hiding place and is
too proud to ask for alms, is left without
succor merely because wo are igoorant of
its existence. It is true that tho needy
are sometimes sought for, but it is evi
dent that quest of this kind must, on the
whole, be inadequate. This is sad;
but it is sadder still to be forced to the
conviction that there are so many who,
with the best intentions,and fromnomoral
fault of their own, are incapable of doing
that which life demands. Some men
never succeed. They have no vices—they
do nothiDg which the moral code says
they must not do—they are given neither
to dicing nor to debauchery—when haply
they find anything to do, they do it
with such might as they can muster—-but,
as the phrase is, they never ‘'get along.”
Sometimes wo call this bad luck, fatality,
destiny, or by some other insufficient
name, for want of a better; it makes lit
tle difference by what name we call it—
the melancholy fact remains. Successful
men naturally find it difficult to account
for the want of success iu others, and
though nothing could be falser, we con
tinually repeat the old formula, “ What
man has done man can do again.” If in
this world there is a spectacle calculated
to move our our pity and indignation, it
is that of a hard, purse-proud, fortunate
man, of whom a timid, shrinking, sensi
tive and needy fellow-creature is asking
aid, seldom given, or given grudgingly.
There may bo no help for it; achievement
will bo proud and unreasonable, and fail
ure timid, helpless and depressed. Until
the last spark of self-respect is extin
guished in tho breast, no one prays for or
wants what we usually call pity. To re
lieve without wounding requires a rare
tact and a delicate talent, of which every
body is by no means possessed. We all
need help in this world, and if not man’s
help, then God’s; and if we could but ac
custom ourselves to the truth that every
life, by comparison, is a failure, we might
have none of that true charity without
which nothing profiteth.
Perhaps it would be of little avail to
consider whether society is in an artificial
condition or not; but it is certain that
many members of society are often not at
all fitted for that phase of it in which
their lot is cast. They try and fail, they
try and fail again; or perhaps they are
incapable of trying, which is only the
same inefficiency in a different form.
They aro paralyzed so to speak upon one
side, while the other may be vital; they
have the faculties which are unprofitable
in abundance; only the faculties which
fill the stomach and cover the back are
denied them? Alas! what are we to do
with so much else in this world, whieh
offends our sense of the right and the
just?— New York Tribune.
Special to the Telegraph and Messenger.
Election in the Eighth District.—
Atlanta, Jan. 24, 1873.—G0v. Smith has
ordered an election to be held in the
Eighth Congressional District on the 26th
of February, to fill the vacancy caused by
the death of Gen. A. E. Wright.
Mr. Stephens has yielded to the solici
tations of his friends and will “stand for
the District.” He will have no opposition,
and it is supposed there will be no nomi
nation, the party adopting the old English
custom of electing him.
Important to Stock Owners. —We pub
lish in this issue a full report of the case
recently decided by the Supreme Court of
Alabama in regard to live stock killed by
trains. Our readers on the line of roads
running through that State will do well to
cut out this report for future reference, as
it contains many very important points
bearing upon the liability of railroad com
panies for stock killed.
The court-martial at Louisville found
General Euukel, late Freedmsn’s Bureau
functionary, guilty of defrauding negro
soldiers. Sentenced to pay a fine of
$7,000 and imprisonment in the peniten
tiary for four years, with another four
years unless the fine is paid, and to be
cashiered.
COLUMBUS, GA, JANUARY 28,1873.
From the Kansas City Times.
A Strange Being.
AN AGED SQUAW A*SD HER SNARES.
Near the head-waters of Cache branch
of Indian creek there resides an old Shaw
nee Indian woman by the name of Net
tallah-quah, familiarly called, in the im
mediate neighborhood, Aunt Netty. She
occupies a small log cabin in a rocky cleft
or gulch remote from the Aubrey and
Kansas City road, and about one mile
from the road. This old woman cannot
be less than ninety years of age, although
she will not on any consideration state
her exact age. She is a perfect recluse
and almost as though she wore dead and
buried. Few visit her lonely cabin, and
those who intrude once upon her privacy
seldom care to visit her again. An at
tache of this paper, in company with
Mr. Enoch H. Downs, of Cass county, paid
a visit to the old Indian’s cabin, a few
days ago, for the purpose of examining a
rare collection of reptiles said to be kept
by the old squaw. After some little diffi
culto the cabin was discovered in the bend
of the creek, completely concealed from
view by precipitous rocky banks, except
from the south side of the ravine. A huge,
vicious mastiff wolf-dog showed his ugly
fangs, and for a time disputed entrance
to tho cabin. The door opened and a
hideous old squaw made her appearance
at the aperture, and in a guttural voice
said something to the dog, which at once
retreated behind the stone chimney at the
end of the cabin. Without bidding the
party entered, the old squaw herself re
treated within the cabin, leaving the door
open.
Following the old woman into the cabin
our reporter and his guide were for a mo
ment blinded by the smoke aud darkness.
Standing near the door for a few minutes
they were enabled to see the old squaw
seated upon a block of wood near a smoul
dering fire, smoking a small red pipe, and
apparently unconscious of the presence of
strangers. Mr. Downs, well acquainted
with the old hag's love for whisky and to
bacco, laid a quantity of each in her lap.
The sight of these unexpected luxuries
had a magical effect upon the squaw. Her
small, dull, black eyes glittered with joy,
and her leathery face brightened with sat
isfaction. She rose on being made ac
quainted with the object of the visit, and
dragged out a large box and barrel from
near the fire, which at first appeared to
bo filled with leaves, but on examination
were found to contain the old hag’s family
pots. Muttering some whining, sing-song
words, evidently of endearment, she put
her hand down into the barrel and brought
forth first a huge “blue racer,” which,
half torpid, coiled itself slowly into a knot
upon the store hearth. Then she took
out several black snakes of various sizes,
one of which was not less than four feet
in length. Then she lifted out a perfect
knot of mixed snakes, spotted, striped
aud yellow, which were knotted and en
twined in a coil as large as a half-bushel
measure. All of these loathsome reptiles
sho said she had collected herself in the
country around about her. Some of them
she said she had had had for years. Each
of the snakes she called by names, and
after laying the writhing mass upon the
warm hearth left them to squirm and un
coil in the warmth generated by 111* fire.
Turning to the box she opened the lid and
pointed to a large, yellow and black boa
constrictor which lay coiled up, filling
one-half of the box. She caught it gently
by the back of the neck and the tail and
lifted it also upon the hearth, and then
took therefrom a huge brown snake, of a
variety unknown to our reporter. Each
of these monsters was at least four or five
feet in length, and appeared to be far
more active and lively than the smaller
snakes.
She then dragged forth an old wolf-skin
robe from her bed in a comer near the
fire and unrolled a perfect medley of rat
tlesnakes of ali hues, all sizes, thickness
es, aud ages. These she handled roughly,
rolling the sqairmiug mass out upon tho
hearth, where the visitors, at a safe dis
tance, might view the loathsome sight at
leisure. Upon the walls hung a variety
of snake skins, rattles, dried snakes’
heads, lizards, and pieces of dried meat.
This sight was the most repugnant ever
witnessed by our reporter. The old hag
sat down upon the hearth, laughing and
chattering her horrid gibberish, and pro
ceeded to wind two of the largest snakes
about her wrinkled neck, and then to
uncoil the half torpid masses of snakes.
In a short time she had her lap full of
the squirming reptiles, and appeared to
handle and play with them like so many
harmless kittens. The visitors, unable to
withstand the loathsome, sickening sight,
and the effluvia generated in the close,
dark den, soon took their leave, leaving
the old squaw to the company of her
singular pets. She devotes much of her
time to playing with them, allowing them
to crawl over her bed and over floor.
She feeds them upon birds and upon in
sects. The former she catches alive and
feeds to the larger snakes at intervals of
one or two weeks. She works a small
patch of garden, and depends mostly for
other necessities upon the surrounding
country, in which she begs-. She refused
to follow her tribe South, when they de
parted a few years ago, and they loathed
her so much for her hideous habits that
they did not regret leaving her. In the
warm months she permits her pets to
roam at will over the cabin, and in no
instance tms she ever been bitten by any
of them. Although they will hiss and
dart forth their poisonous fangs spitefully
at times, yet she appears to control them
by a few whining words and a glance of
her dull, black eyes. It is needless to say
old Aunt Netty has few visitors, and those
who have visited her are not anxious to
repeat the visit.
Loan Lytton.—A subscriber asks to be !
informed if Bulwer, tho dead novelist, !
was Lord Lytton or Lord Bulwer-Lytton. j
There seems to be some confusion upon j
this point, which wo will endeavor to |
make clear. The father of the novelist)
was General Bulwer, and his mother's
maiden name was Lytton. His own name,
in full, was Edward George Lytton Bul
wor, and it was as plain Mr. Bulwer that
he won the literary successes which make
him famous wherever English is spoken,
and have given him, upon the Continent
of Europe, a wider reputation than is en
joyed by any other English novelist. In
1838 Mr. Bulwer, as the representative of
British literature, was created a baronet,
his title being simply Sir Edward G. E.
L. Bulwer. In 1843 the mother of Sir
Edward Bulwer died, and, in compliance
with her will, ho changed his name; tak
ing, by royal license, the name of Lytton
in addition to that of Bulwer. His style
then was Sir Edward Bulwer-Lytton. In
18(56 he was raised to the peerage as Baron
Lytton (not Bulwer-Lytton) and was
thenceforth known as Lord Lytton. Bul
wer-Lytton was his family name; Baron
Lytton was his title. —Charleston News.
A daring robbery was perpetrated in
Lancaster, Penn., on Wednesday last, in
which the Mechanics' Bank of that place
was the victim. It was robbed by four
men, who, whilst one was negotiating a
sale of some gold and silver, entered the
vault, which was open, and abstracted
convertible bonds tothe amount of $6,000,
and other registered judgment bonds
amounting to over $40,000.
The Liability of Railroads for Stock Killed.
We find, on reviewing the case of the
Selma, Rome and Dalton Railroad vs. Ira
Webb, heard before and decided by the
Supreme Court last Monday, that our
reference as to the effect of the decision
rendered by the Court was erroneous.
Mr. Webb sued the S., R. & D. R. R. Cos.
in trespass vi et armis in the Circuit
Court of Cherokee county for stock killed
by the trains of said company, and recov
ered damages. The company appealed
and the decision in question was rendered
on that appeal. It seems that in this case
the law requires that the party sought to
be held liable must be shown to have par
ticipated in, directed or consented to the
trespass; without the existence of these
facts there can be no trespass vi et armis,
and hence it follows that the decision
does not relieve railroad companies of
any statutory liability. It simply requires
the plaintiff to prove the facts on which
he bases his action. Owing to the impor
tance which will attach to this case in the
eyes of the country we have taken the
pains to secure an official report of the
entire case, which we herewith present:
Selma, Rome and Dalton Railroad vs.
Webb. [Trespass vi et armis against
Railroad Corporation for killing mule,
etc., occasioned by negligence of con
ductor.]
1. Railroad corporation; when not lia
ble in action of trespass vi et armis. In
an action of trespass vi et armis against a
railroad company for injuries done to ani
mals, the defendant is not liable unless
the injury was inflicted by the direction
. or assent of the corporation.
2. Same; what agent not such repre
sentative as will render corporation lia
ble. The conductor or engineer, or other
subordinate agent, is not such a represen
tative of the corporation as should be con
sidered the company itself in such an ac
tion.
Appeal from Circuit Court of Cherokee.
Tried before Hon. W. L. Whitlock.
This was an action of trespass vi et ar
mis, brought by the appellee, Webo,
against the Selma, Romo and Dalton Rail
road Company to recover damages for tho
killing of a horse and mule by the loco
motive of defendant.
A demurrer to the complaiut was sus
tained, and this as well as tho rulings of
the court below in the admission of evi
dence are assigned for error, but as thesa
points were not diseussod in the opinion,
it is unnecessary to refer further to thorn.
After the overruling of his demurrer,
defendant went -to trial ou plea of not
guilty. The proof shows that the animala
were run over and killed by a locomotive
of defendant, and that this was occasioned
by the carelessness of the conductor of
the train. There was no evidence tending
in any way to connect any highor official
of the company with the trespass. Thin
being all the proof on this point, the de
fendant requested tho Court in writing,
to charge the jury : “That although tho
plaintiff may have satisfied the jury by
proof that his horse and mule were killed
by the running of the cars of defendant,
(over themjthrough the negligence,unskill
fulness or willful act of the engineer, con
ductor,or agent; yet the plaintiff cannotre
cover in this action, unless the jury aro
further satisfied that the act was done by
the direction or assent of the corporation.”’
To the refusal to give this charge defend
ant excepted, and now among other rul
ings, assigns the same in error.
Foster & Forney and Jno. T. Heflin
for appellant.
The charges asked should have been,
given. Trespass vi et armis will not lie
against a railroad corporation for an inju
ry done to plaintiff by their locomotive,
whether such injury bo wilful or acci
dental on the part of the servants of the
company unless it appears the particular
injury was done by the command or assent
of the company. The proper form of ac
tion is case.
The Philadelphia, Germantown and
Northern It. It. vs. Wilt. American Rail
way cases, 2 vol. 254, taken from 14
Wharton R. 143.
Shared vs. London and N. Western It.
R. Cos., 4 English Law and Eqs. R. 401
and cases cited.
Ellis & Caldwell contra.
The opinion of the Court was delivered
as follows by B. F. Saffold, J.:
The appellee sued the appellant in tres
pass for killing his horse and mule by
driving its locomotive engine or car
against them. The proof tended to show
that the animals were killed by a passing
train belonging to the defendant on ac
count of the carelessness or negligence of
the conductor, but no higher officers of
the company were inculpated.
Tho Court refused to charge the jury
that the defendant was not liable, in this
action, unless the injury had been inflict
ed by tho direction, or with the assent, of
the corporation.
All persons who direct or order the
commission of a trespass, or assist upon
the occasion, are, in general, liable as
principals, though not benefitted by the i
act. But if he does not assist in word or
deed, or does not consent, he is not liable,
though it may have been done by a per- j
son assuming to act on his behalf. Ist j
Chitty's Pleading; 7!), 80, 180 —1. Phil, j
Germantown and M. 11. R. Cos. vs. Wilt,
4 Wharton; 143.
Whether or not the President, or some j
other high official, clothed with very am- i
pie powers, ought not to be considered as 1
the corporation in matters of this sort, i
it is manifest that the conductor, en- I
giueer, or other subordinate agent, is !
not such a representative of the corporate
body as should be so regarded. The charge
ought to have been given.
Tho questions of evidence presented,
are sueh as arise in every case where the
contents of writings are proposed to be
proved by oral testimony, and the princi
pal is sought to be bound by the declara
tions of his agent, and it is needless to
discuss them hero.
Tho judgment is reversed and the cause
remanded. —Montgomery Advertiser.
The Atlanta Herald thus pictures a
group during the Senatorial contest:
Afar off in one corner stood a little knot
of editors lazily discussing the probabili
ties of the contest about to open. They
stood there like men who, having worked
the public mind up to a certain pitch, was
watching to sec it work. A goodly crowd
they were. Albert Lamar, the robust
writer, whose blows fall like trip-ham
mers, aUd whose sarcasm cuts like asword;
Avery, the man of smiles and suavity,
trusting that everything will work out on
“the line of the Constitution,” and flash-
ing his bright eyes warily, over the House;
Willingham, little Alex’s right-hand sup
porter and warmest friend; Kevin, the
sprightly foe of Mr. Stephens, putting in
his dry humorous touches ever and anon;
Sneed and Reid, who, though they have
laid aside their quills for a season, are yet
in heart and soul true editors—these and
others were there waiting for the result.
A furniture manufactory lias been es
tablished in Eufaula.
SPEECH OF HON. EENJ. E. HILL,
Delivered January 10th, 1873, in the Keprtsenta
tive Hall, city of Atlanta.
Gentlemen of the General Assembly and
Fellow-citizens:
There is a beautiful Eastern allegory
that runs in this wise : A celebrated ar
tist painted a picture, and declared there
was not a subject in the kingdom who
could toll its true color. The King select
ed what he considered his most expert
servant, and sent him to examine the pic
ture. The artist exhibited it, and it was
solid green. The servant returned to the
King and said : “Your Majesty, the pic-
ture is green—green as the fresh foliage
of the full-fledged spring-time. If it be
not so, your servant is willing not to live
till the trees shall bud again. That the
King might be assured his first servant
was right, he sent another trusty servant,
and the artist exhibited to him the pic
ture, and the color was perfectly yellow ;
and the servant returned to his master
and said : “Your Majesty, the picture is
yellow—yellow as the seared leaves of the
full-frosted autumn. If it be not so, your
servant is willing to fall when those
leaves shall fall.” The King, perplexed,
sent a third servant, and the artist exhib
ited the picture to the servant, and it was
solid blue. And the servant returned to
the King, and said : “Your Majesty, the
picture is blue—blue as the azure heav
ens, when there is not a fleece of cloud to
darken its eternal beauty. If it be not
so, your servant is willing never again to
look upon those blue heavens.” And so
the King continued to send one after an
other, until he had sent six servants, and
each reported a different color. The
King, greatly perplexed, commanded that
the artist should bring the picture before
him, in tho palace. And the artist
brought tho picture and he showed it to
the King, and behold the picture was still
another color—a perfect red! And the
King said: “All my servants have report
ed falsely, and they shall die!” “Wait,”
srid the artist, and he showed the picture
again, and, true enough, it was a solid
green. “One of my servants has report
ed truthfully then,” said the King, and
shall live. But the others shall die.
“Wait,” said the artist, and he showed the
picture again, and it was a beautiful yel
low. And again, and it was a solid blue,
and* again and again, till he went through
all the colors. Tho King, more than ever
perplexed, offered a reward to any subject
of his kingdom, who would explain the
mystery of the picture, and tell its true
color, declaring he should bo received in
to the royal family and have the King's
beautiful daughterin marriage. “Then,”
said tho artist, “I claim the reward,” aud
he exhibited the picture ip all its lights at
once, and the picture was a true transpa
rent white. And the king made a decree
that no subject should ever report upon
the color of a picture until ha had seen it
in all lights and from all directions.
The lesson of this picture is exceeding
ly instructive. There is scarcely a sub- J
ject of human thought that any man can j
correctly comprehend by looking at it i
from one standpoint or in one light, i
And as the artist explained to tho King |
that color was the creature of light, and i
therefore be had so painted the picture
that it would be of any color with a given j
light, so it is true in human experience, !
that opinions are often the mere creatures i
of the feelings—of prejudice, of passions,
hate, affection, all! Gentlemen, I invite
you to discard from your minds and feel
ings everything that can possibly prevent
a fair and honest conception of the truth,
tho real truth—not a one-sided view, not
a prejudiced view, not a view in tho light
which represents only ono condition of
feeling. But let us look at it in every
light, without any prejudice, or passion,
or predilection ! Os ali subjects present
ed for human study, the science of gov
ernment is tho most difficult. The wisest
stutesmen of the world, for six thousand
years, have debated and debated, and ex
perimented and experimented, and yet
the problem as to how government shall
be best formed to protect the people
from their own passions on the one hand,
and from the encroachments of power on
the other, is a problem still; and the re
markable fact strikes us at the outset that
there are no two countries in civilized
Christendom, even in this enlightened
age, that have adopted exactly the same
government to accomplish the same end.
All the King’s servants that reported upon
the picture were sincere! They were
truthful as they understood it! And so
it often happens, that men have the most
incorreot views who are honest, and in
deed sometimes very honest! Asa gener
al rule, it is true that men who look at a
subject from but ono standpoint, through
the prism of their prejudices, of their
feelings, talk not only of convictions, but
they become bigoted, egotistic and intol
erant to all who differ with them.—
Whereas, those who look at the whole
subject, in all lights, are tolerant of oth
ers’ opinions. Each of the servants who
reported to the King was willing to stake
his life upon his report; yet none of them
reported the truth.
Revolution means change. A revolu
tion in government means a fundamental
change in tho political organization.
Revolutions are of two kinds. They are
peaceful and violent. Some have an idea
generally, that when you speak of revo
lution, you speak of violence. Revolu
tions may be peaceful. Often, unfortu
nately, they are violent, and the sad fact
is that the majority of revolutions in
governments have been accomplished by
violence. A revolution by peace, a revo
ution by consent, a revolution as tho re
sult of argument and reason, is one of
the rarest occurrences in human experi
ence. It is so! It is sadly so ! Leaving
out the displacement of the Indians in
this country, and the establishment of
colonies, by European sovereigns, there
have been three revolutions in the Ameri
can government, since our history began.
The first commenced in 1776, when the
colonies changed the character of their
government from dependency upon Eng
land, to independence, resulting in the
establishment of the several States. That
was a revolution accomplished by vio
lence. True, it ended in a treaty, as al
most all wars do end, but, nevertheless
he would be a singular statesman who
would say that the revolution of 1776, by
which England lost her dominion over
the colonies, and the thirteen colonies be
came independent States, was a peaceful
revolution. It was a revolution of force.
And this single illustration impresses
upon our minds the truth that these revo
lutions by violence are sometimes right,
though often wrong; and that revolu
tions by violence become permanent and
established, as well as revolutions by
peaceful means. If the sword can settle
no question of right, we are still subjects
of Queen Victoria, because sure it re
quired a seven years’ struggle to cast off
the dominion of that power.
The second revolution was that of 1787.
The States, after declaring their indepen
dence of Great Britain, for the purpose
of making that declaration good, by a
common straggle, uniting their energies
for a common purpose, entered into what
are generally known as Articles of Con
federation, and under those articles they
prosecuted the war. But when peace
came, they found that those articles were
incompetent to preserve the general gov-
Tho ’ Jobbing Departmen t
AND
Book-Bintlcry
OF THE
SUN OFFICE
IS LARGE AND COMPLETE,
Where all Descriptions of Work a r
Done at tile Most Itenson>
able Rates.
ernment, to accomplish its purposes, or
preserve its own existence. I will not go
into specific reasons why they were de
fective. They are known to all lawyers,
and ought to be at the tonguo's end of
every American statesman ; but, suffice it
to say, those defects became manifest.
The general government had no power to
enforce its own laws ; no courts to ad
minister them, and no Executive to exe
cute them. The confederation had no
power to oollect its own revenue and it
failed. Well, our fathers were wise
enough to revolutionize by peaceful
means, and they sent delegates to a con
vention of the several States, and thoso
delegates, in convention at Philadelphia,
agreed upon a constitution. That consti
tution was submitted back to the States.
It was ratified by the States, and became
the government established between the
States, and it was a radical or fundamen
tal chuugo of the political organization
from the Articles of Confederation—
many features preserved, many features
changed—but it was actually, according
to the definition of publicists, a revolu-
tion, because it was a material or funda
mental change in the organic law of the
government. That, I say, was a revolu
tion that was peacefully accomplished, by
peaceful means alone, and its eulogy is
this : it lasted, with immaterial changes,
for seventy years, and the peoplo who
were citizens under it had moro thrift,
more prosperity, and increased more rap
idly in population aud power, and in ail
the elements of happiness, than can be
found in any country, among any peoplo,
in tho same length of time, in the world's
history.
But for reasons which I am not going
to discuss, a revolution began in 1800,and
though asserted on our side, I think cor
rectly assorted, that we had the right to
make the revolution peacefully, that right
was denied by our enemies, aud what we
intended to be a peaceful revolution be
came one of very great violence. That
revolution has gone on for twelve years,
and I come now, fellow-citizens, to ana
lyze its true character before you. It is
impossible that any man should under
stand his duties now as a citizen of this
country, who fails to understand the di
reot and controlling causes now influen
cing the state of public opinion and public
conduct. You may understand the cau
ses. You must see the dangers, and you
rnnst study and apply tho remedy. Some
peoplo think, it is a very common idea,
that the greatest feature of this revolu
tion was the war. We had a wonderful
struggle. We had brave troops and great
generals and large armies, great slaugh
ters, devastations, burnings, sufferings
and losses. These were certainly great,
but they were temporary in once sense.—
Time will repair them. Some think tho
revolution is wrapped up in secession,and
it is the habit of the Northern people to
charge all its fault and misfortunes on se
cession. Others, on our side, think the
great fault was the assertion of the doc
trine of coercion, by which the general
government made war upon the sovereign
States. Others, that the great fault was
in reconstruction. All these think that
they are correct. But he poorly' undei
stands the real character of this revolu
tion who stops to take any one or all of
these opinions. The worst, the most dan
gerous feature of this revolution is yet
behind—is yet to be told.
After the formation of the Constitution
of 1737—500n thereafter—there sprang
up two parties in this country, and those
parties wore divided, not so much upon
the character of the government—indeed,
not at all upon tho character of the gov
ernment, for it was admitted upon all
hands that it was a federal republic. But
when they came to subdivide, and to fix
the limits of the federal power on the
one hand, and the rights reserved to the
States oil the other, the country divided
into two parties. Those parties were not
always consistent with themselves, and
they were divided then upon the subject
of the interpretation cf tho Constitution.
One party contended that there were cer
tain implied powers in the Federal gov
ernment. The other party contended
that there were no implied powers. One
party contended for a moro latitudinarian
construction; another for a strict con
struction exclusively. And there were
various gradations aud shades of opinion
them, but tho fact I wish to impress upon
your minds now is, that all parties, Whig,
Democratic, Republican, all tho Presi
.dents from Washington to Buchanan, all
Congresses, ali Judges, all Courts, State
and Federal, aye, and all statesmen con
ceded as common ground the one grand
idea that the Federal government was a
government of limited powers, and the
States had an uncontrolled right of self
government, outside of it. [Cheers.]
That is the great fact I wish to impress
upon you, in order to a correct under
standing cf the argument whieh I am
going to present to you to-night. Tho
very first breach of that idea of ail par
ties before the war, is contained in a most
remarkable announcement by the Presi
dent elected in 1861). The announcement
was made in 1861, early in that year, by
Mr. Lincoln, on his way to Washington
City, and it was this—it was a sug
gestion, whether the States of the Union
aid not bear the same relation to the
general government that a county in
a State bears to a State. Fearful
idea! I say that was she first an
nouncement of this herasay to whieh 1
am going to call your attention. Mr.
Lincoln was elected Pre-iuent, and ilia
country was in a very excited condition.
He followed up tuis very significant sug
gestion contained in one of his speeches,
soon after hostilities commenced. In
fact, the very beginning of hostilities
ought to be considered an act in accord
ance with the idea which he hud advanced,
for, up to that period, it was not the the
ory of any party, or of any class of states
men, in this country, that the general
government had the light to use coercion
upon a sovereign State. Therefore tho
determination to make war itself upon
the States was a very remarkable stretch
of the Constitution, rs construed up to
that day. But for the first time the idea
was then broached that self-preservation
was the first law of governments, as well
as of individuals, and that it was an inhe
rent right in all governments, to preserve
themselves from destruction.
Well, Mr. Lincoln soon followed tLis up
(for these encroachments came first from
the executive department of the general
government,) by the suspension of the
writ of habeas corpus, arresting citizens
without warrant, depriving citizens of life,
liberty and property without due process
of law, and various other acts which I
cannot stop to mention, because I want
you to keep in view the principle. The
judiciary department of the government,
headed at that time by that noble Roman,
and true statesman, and honest man, Chief
Justice Taney, [cheers,] raised its feeble
arm and voice to arrest these encroach
ments of the Federal Executive, and de
clared that the President had no right to
suspend the writ of habeas corpus without
the authority of Congress. But the arm
ed minions of power mocked the ermine
of the judge—disregarded it, and march
ed along without respecting it. [Applause.]
Congress soon after assembled, and it is
remarkable that Congress at that time was
rather tender-tooted about these encroach
[COXCLUDED ON FOURTH PAGE.]