Newspaper Page Text
The Gainesville Eagle.
Published Every Friday Morning
CAREY W. STYeTeiS,
Editor and Proprietor.
;-l —
Terms Two Dollars a Year, in Advance.
OFFICE
llp-italn in Candler Hall Building,
Northwest Corner of Public Square.
*#■ The Official Organ of HtH, Banks. Whlta
Towns, Union and Dawson counties, and fits city of
Gainesville. Hts a large genera] circulsMod ln twelvc
other conntiea in Northeast Georgia, and two coun
ties in Western North Carolina.
Advertising Kates in Gainesville Eagle :
1 Inch - 1 Time §I.OO 1 Mo. §2.00 3 Mos. §4.00 6 Mos. §O.OO
2 “ “ 2.00 “ 3.50 “ 6.00 “ 10.00
? “ “ 250 “ 5.00 “ 8.00 “ 18.00
4 “ - “ 3 -°° “ 0.00 “ 10.00 “ 16.00
i Column “ 4.50 “ 9.00 “ 17.00 “ 25.50
i “ “ 8.00 “ 15.00 27.00 “ 45.00
i / 12 - 50 “ 25.00 50.00 “ 75.00
1 Column, 1 year, §4O. * Column, 1 year, §7O. 1 Column, 1 year, §l2O
Liberal local notices without charge. Local Dodgers, 10 cents per
line. ;J , r .
One dolAr per square for flrt insertion, and fifty
oeuts for each subsequent Insertion.
Marriage notices and obituaries exceeding six line*
will ba charged for as advertisements.
Personal or abusive communications wUI not be
inserted at eny price. , _ ,
Communications of general or local interest, naffer
a genuine signature respectfully solicited from any
aouroe.
REVISED RATES
For l.rgul Ad vert Isldg in the Bagla.
From, aud including this date, the rates of
legal advertising in the Eaolk will be as fol
lows f '
Sheriff's sales for each levy of 1 inch $2 50
Etch additional Inch or less ’- • . 2(0
Mortgage sales (6u days) one inch - - 5 00
Each additional inch or leas ... 8 00
Adm'r’s, Kx’r’s.Gtiard’n'a sales, 4 weeks, 1 inch 4 00
Each additional inch .... 2 60
Notice to debtors and creditors - - 4 00
Oitat's for let'rs of adm’n or guard’ns’p (4 wke) 400
Leave to sell real estate - - • 4 00
Let’rs of dlsm’n of adm’n or gnard’n (S mo.) 8 00
Estray notices - - - - - - .400
Citations (unrepresentedestates) - 4 00
Buie nisi in divorce cases - - .6 00
Homestesd Exemption, 2 weeks, - - 200
Buie Nisi to foreclose, monthly 4 mos., per In. 400
The law authorizes County Officers to col
lect advertising fees in advance, and they are
held responsible if they fail to do so.
tff Fractions of a square (or inch) are charged m all
eases as full squares or inches. *44
Notices of ordinaries calling attention of adminis
trators, executors and guardians to making their an
nnal returns; and Of Sheriffs In regard to provision*
sections 3649, of the Code, published rain for the
Sheriffs aud Ordinaries who patronize the Eaolk.
Advertisers who desire a specified epees for t, 6 or
12 mouthe will reoelve a liberal deduction from onx
regular rates.
All bills due after first insertion, unless special
contraot to the contrary be made.
October 5, 1877.
4.KNERAL DIRECTORY.
Uon. Ghoi-ku D. Kioe, Judge S. 0. Won tern Circuit.
A. L. Mitchell, Solicitor, Athene, Ga.
COUNTY OFFICERS.
J. B. M. Wlnburn, Ordinary.
John L. (Jaiuea, Sheriff.
J. F. Ddckett, Deputy Sheriff.
J. J. Mayne. Clerk Superior Court.
N. B. Clark, Tax Collector. j
J. R. It. Luck, Tax Itecelver.
Gideon Hat-ruon, Surveyor.
Edward Lowry, Coroner.
B. C. Young, Treaaurer.
CHURCH DIRECTORY. ...
PiiKHin-TKitiAH chukoh— Rev. T. P. Cleveland. Fat
tor. Preaching every Sabbath— morning and night,
txcept the second Sabbath. Su- day Sohool atla.n.
Prayer meeting Wednesday evening at 4 o’clock.
Mkthodiht Church Rev. D. D. Cox, Paator.
Preaching every Sunday morning and night. Sunday
School at 9a. m. Prayer meeting Wednesday night.
Bxptiht Church Rev. W. 0, Wilkea, Paator.
Preaching Sunday morning and night. Sunday
School at 9a. in. Prayer meeting Thursday evening
at 4 o’clock.
YOUNG MEN’S CHRISTIAN ASSOCIATION.
A. M. Jacxsok, President.
It. 0. Maddox, Vice Preuldent. t
W. 11. Ci.k.mknth, Secretary.
Regular services every Sabbstb evening at one of
the Churches. Cottage prayer meeting* every Tuea
day night In “Old Town,” and Friday night near the
dep"
FRATERNAL RECORD.
. lowery Branch Lodok No. 79, I. O. O. TANARUS., meets
.very Mouday night, Joel Labetkr, N. G.
11. F. Stkdham, Sec.
Allkmhany Royal Arch Chaftrr meets on the Sec
ond and Fourth Tuesday evenings In each month.
W. M. Puckett, Sec’y. A. W. Caldwell, H. P.
Oainksville Lodok, No. 219. A.-. F.-. Me., meets
on the First and Third Tuesday evening iu the month
R. Palmour, Seo’y. R. E Green, W. M.
Air-Lini Lena*, No. 64,1. O. O. F., meets every
Friday evening.
O. A. Lilli, Sec. W. H. Harrisoh, N. G.
GAINESVILLE POST OFFICE.
Owing to recent change of schedule on the Atlanta
and Charlotte Ait Line Railroad, the following will
be the schedule from date:
Mail fro.u Atlanta [fast] 6.24 p. m.
Mail for Atlanta [fasti 5.43 a.m.
Office hours: From 7 a. m. to 12 m., and from
1)4 p. in. to 7 p. m.
General delivery open on Buudayi from 8)4 to 9)4.
Departure of malls from this offies:
Dshlonega and Gilmer county, dally ... 8)4 *. m
Dahlonega, via Wahoo and Ethel, Saturday.....B)4 a. m
Jefferson A Jacksou county, Tuesday, Thurs
day and Saturday 1 •• n>
Cleveland, White, Union, Towns and Hayes
ville, N. C., Tuesdays snd Fridays 7 a. m
Dawsonville aud Dawson county, Saturday 8 a. m
Homer, Bankß county, Saturday ...1 p. m
Pleasant Grove, Forsyth county, Saturday... .1 p. m
M. R. ARCHER. P.M.
Professional and Business Cards.
L. J. GUILMAUTIN. J. E. GAUPBX.
I Late (/ashler Southern Bank
1 State of Georgia.
L. J. G-UILMARTIN & CO.
COTTON FACTORS
A It D
Commission Merchants,
Kelly's Block, Bay Street,
Bftvanna.li, G-corjla.
Bagging and Iron Ties for sale at lowest
market rates. Prompt attention given to all
business entrusted to us. Liberal cash ad
vances made on consignments. Junels-6m
A. J. HUAFFEB, M. D.,
Physician and Surgeon.
Special Attention Given to Disease*
Common (o Women.
Office near Northeast corner Public Square.
Always in office when not professionally
engaged.
Gainesville, Ga., May ‘25, 1877. ly
M ARKHAMHO USE.
BY J. E. OWENS,
At the East End of the Union Depot,
Atlanta, Cta.
Attention by W. D WILE If and T. A. HAMMOND,
nsayll-tf
A. C. MOSS,
Attorney at Law,
Horner, Banks County, Georgia.
TT7TLL ATTEND PROMPTLY to all bust
” ness intrusted to his oare. mer9-ly
~D rT rT B. ADAIR,
DENTIST,
Gainesville, Ga.
JanlAlJ
The Gainesville Eagle.
I>evoted to News of the Bay, The Farm Interests, Home Matters, and Choice Miscellany.
VOL. XL
Ayer’s Cathartic Pills,
Indigestion, Foul Stomach, Breath,
Headache, Erysipelas, Bhemnafciam,
Eruptions and Skin Diseases, Bil
iousness, Dropsy, Tumors, Worms,
Neuralgia, aa a Dinner Pill,
for Purifying the Blood,
fectiva and conge
ijjle- nial purgative ever
tlie bowels surely
Although gen file
|jjaf most thorough and
tic medicine that can be employed: cleans
ing the stomach and bowels, and even the
blood. In small doses of one pill a day,
they stimulate the digestive organs and
promote vigorous health.
Ayer’s Pills have been known for
more than a quarter of a century, and have
obtained a world-wide reputation for their
virtues. They correct diseased action in
the several assimilative organs of the
body, and are so composed that obstruc
tions within their range can rarely with
stand or evade them. Not only do they
cure the every-day complaints of every
body, but also formidable and dangerous
diseases that have baffled the best of
human skill. While they produce power
ful effects, they are, at the same time, the
safest and best physic for children. By
their aperient action they gripe much less
than the common purgatives, and never
give pain when the bowels are not inflamed.
They reach the vital fountains of the blood,
and strengthen the system by freeing it
from the elements of weakness. ’ -
Adapted to all ages and conditions in
all climates, containing neither calomel
nor any deleterious drug, these Fills may
be taken with safety by anybody. Their
sugar-coating preserves them ever fresh,
and makes them pleasant to take; while
being purely vegetable, no harm Can arise
from their use in any quantity.
PBKPAKKD BY
Dr. J. C. AYER <St CO., Lowell, Mass..
_ Practical and Analytical Chemists
SOLD BY ALL DRUGGISTS EVERYWHERE.
... ... bOOAL, .1, u.llu. mi.,., ... ..
Caskets ami Burial Cases.
THE undersigned will keep constantly oa head a
•apply of CASKETS and BURIAL CASES, aud
will also supply COFFINS of all sizes and descrip
tions. at short notice. H. W. RICH,
may 28,1878-tf[ n*rt street, Gainesville, ft*.
Wl SELL EV E.ItY . HINGS FOB THB
ftAKI)ES,
And offer INTO W (front June 15 to August 1."):
Celery Plants.
Dwsrf White, by mall, for - . - SI.OO per 100
Large White Solid, per mail, for - 1.00 100
Dwarf Red, •• - -l O J •< 100
Any of the above Celery Plants, by express, for
SB.OO per 1,0:.'0. j
Cabling. Plant.,
Premium Flat Dutch, by mail, for SI.OO per 100
Dramhead Savoy •• •< 1.00 ” 100
Red [for pickling] “ 1,00 • UO
Any of the above Cabbage Plants, by express,
for $4.00 per 1,000.
Cauliflower Plante.
Early Erfurt, by mall, for - - $1.25 per 100
Early Pane. “ “ - - 1.26 •< 100
Any of the above Cauliflower Plants, by express,
for $7.80 per 1,000.
$&~ Special prices for larger quantities uvea
on application.
Turnip Seed.
Any of the following leading sorts sent by mall
for 10c. per oz.—2sc. per >* lb.—7sc. per lb.
Early White Dutch -White Strap Leaf—Red Top
Strap Leaf—Golden Bail—lmproved American H
Ruia Bags. |
PETER HENDERSON & CO., 1
Seedsmen and Florists. ' 1
*ug3-ly 35 CorUaudt St., N. Y. 1
V JOHN FLANNERY, JOHN L. JOHNSON
Managing partner late firm ,
L. J. Guilmartiu k Cos.,
1365 to 1877.
JOHN FLANNERY & CO-,
COTTON FACTORS
AW D
COMMISSION MERCHANTS,
No. 3 Kelly’s Block, Bay Street,
Mnvnn nu h , Ge orgia.
Agents for Jewell’s Mills Yarns and Domestios,
etc., etc.
Bagging and Iron Ties for sale at lowest market
rates. Prompt attention given to all business en
trusted t u". Liberal cash advances made on
consignments.
6®. Our Mr. FLANNERY having purchased
the entire a-set- and assumed the liabilities of the
late fir .■ of L. J. GUILMABTIN & CO., we wilt at
tend to ml outstanding business of that firm.
junels-6m • * r
Atlanta and Charlotte
AIK-LINE,
OFFICE GENERAL MANAGER,
Atlanta, Ga., June 8,1877.
CHANGE OF SCHEDULE,
To Take Effect Sunday, June 10.
GOING EAST.
Leave Atlanta 4.00 p. m.
Arrive at Gainesville.. 6.24 p.m.
New Holland 6.29 p. m.
lu'l 6:; 6 p. m.
Belltoc (Sapper) . 7.(0 p. m.
Mt. Airy..;..... 7.50p.m.
Toocos— 8.21 p. m.
Greenville 11.18 p. m.
ftp rtsnburg la 52 *. m .
Charlotte. 4,12 a. m.
Charlotte (Itailroadi Junction. J... 4.20 a. m.
GOING WEST.
Leave Charlotte (Railroadf Junction.. JfJ?.. 7.00 p. mV
oharl 'tt* 740 p. m.
Arrive at Spartanburg. 2|> ....1042p. m.
Green villa... 5t..... ....<>11.30 a. m.
Tooooa 3.47 a. m.
Mt. Airy 4.78 a. m.
Lnla 5.68 a. m.
New Holland 5.13 a.m.
Gatuesvll'e. 5.43 a. m.
Buford (Breakfast) .5 - 6.33 a. m.
Atlanta 8.45 a. m.
ACCOMMODATION TBAIN.
Leave 7.15 a. m Atlanta. Arrive 5.15 p. in.
Sundays excepted.
G. J. FOREACRK, General Manager.
W. J. HOUSTON, General Paaa. and Ticket Agent.
NORTHEASTETR RAILROAD!
Change ot* Schedule.
SUPERINTENDENT’B OFFICE.' 1
Athsks, Ga , Sept. 29, 1877.)
ON end alter Monday, October Ist, 1877, trains on
th* Northeastern Railroed will run at follows.
All trains daily except Sunday :
MORNING TBAIN.
Lea ve Athens...... 2:35 a. m.
Arrive at Lnle < ; so .
Arrive at Atlanta, (via Air Line B. B.)„ 8:36 “
Leave Lnla.. ...... ......_ _ 5:45 <
Arrive at Athens....- ..—8:15 *■
EVENING TBAIN.
Leave Athene ._ 4:00 p. m.
Arrive at Lnle...: „....6:30 •*
Leave Atlanta (via Air Line R. B.) —.4:00 *
Leave Lula 7:16 •
Arrive at Athena..— 9 ; so <•
Close connection at Lnla with passenger train* on
Air Line Be lroad. J. M. EDWARDS,
Superintendent.
NEW PLANING MILLS.
T. A. PANEL
(Successor)
To Panel Sc Cos.,
Steam Planing Mills'
-A. IST ID
M annfaotory,
GAINESVILLE, GA.,
TNFORMS HIS CUSTOMERS AND THE
*■ public generally, that he
WILL FURNISH DOORS, SASH,
Blinds, Moulding, Brackets.
Etc., at Atlanta prices.
Will Plane and Match Lumber at their old
prices.
Lumber Yard at the Mill.
Will furnish Bevelled Weatherboarding,
Dressed, at the same price of the old style in
the rough.
Agent for all kinds Of Mill Machinery, Etc.
He respectfully invites all of his old friends
and customers to call on him before purchas
ing elsewhere. octl2-tf
Open and Top Buggies,
Roekawuys and Hacks
Spring Wagons, Etc.
GEO. W. WALKER,
MANUFACTURER,
GAINESVILLE, GA.
Thankful for the liberal patronage I have
received, I have the pleasure of informing my
customers and the public generally, that I am
steadily increasing my facilities for the dis
patch of work in manufacturing or repairing
all kinds of vehicles. I solicit an examina
tion of my work, and guarantee satisfaction.
Horse Shoeing a Specialty.
octs-ly
M. W. RIDEN’S .
Law and Claim Agency.
TO THE PUBLIC.
Having trustworthy correspondents
In Washington, PjO., 1 am prepared with better
than ordinary facilities to prosecute betore any and
all th* several departments of the Government, the
Southern Claims Commission, Court of Claims, Pa
tent, Land and Pension Offices, any and all claims
growing out of, or incident to, the late war or other
wise.
I will collect or purchase Government Vouchers
given during or since the war.
I will endeavor to collect fr m the Government the
Proceeds of Sales of Captured or Aband ned Proper
ty, where the money has been paid Into the Treasury;
and will collect pay for Horses, Mules, Wagons, etc.,
impressed for the use of the Government, and not
returned. Address, with stamp for reply,
MABTIN W. BIDEN,
Attorney at Law and Claim Agent,
marl7-tf Gainesville, Hall county, Ga.
A. J. COME R
Has on hand and is constantly receiving a
large assortment of
DRY GOODS,
Which he will sell for
C-A.SH ONLY,
Or Country Produce.
feb2-tlst jan.
G. H. MILLER A CO.,
Pryor Street, Under the Kimball House,
ATLANTA, GA.
SOUTHERN SALESROOM
FOR THE CELEBRATED
MERIDEN
BRITANNIA COMPANY’S
FINE
Silver Plated Ware, Bronzes, &c,
At Wholesale and Retail.
Prices the name as at the Company’s Ware
rooms in New York.
The largest, most complete, aud elegant
assortment to be found in the South.
ALSO.
Gold Jewelry, Celluloid, Coral
Jewelry, Etc., Etc.
New Goods constantly being received from
the Factory and shipped to all parts of the
country. jnlyl3 tf
TO EXCHANGE!
A fine House and Lot in the City of
LAGRANGE, GA.,
For a good Farm in North Georgia.
I in. prove in ent s
all new and of modern design. Address,
W. W. TURNER,
oct26-lm LaGrange, Ga.
GAINESVILLE, GA., FRIDAY MORNING. NOVEMBER 9, 1877.
TEACHERS’ OPPORTUSITY.
Co-operation of Edncators—A Column for
their Uses—Compliment to
the Eagle.
Head of Tennessee, Get. 26,1877.
Editor Gainesville Eagle:
I have been a constant reader of the
Eagle for abont seven years, and ad
mire it as on# of the very best family
newspapers in the State. It is well
printed from good type, on good qual
ity of paper, with good ink, and doubt
less by workmen who well understand
their business. The consequence is,
that it is not blotched and blurred,
like too many papers published nowa
days.
Of ten weeklies which I am now
taking, the Eagle is the best printed
and the best arranged. Its articles
are also high-toned, chaste and instruc
tive, affording a valuable store of ex
cellent information for the family, and
all others, during the year, which
makes it well worth the subscription
price.
I trust you will excuse me for mak
ing a suggestion that you set apart a
column for the use of teachers and
friends of education, in which they
may discuss educational topics, ask
queries, give solutions, present com
munications, etc., with a view to the
improvement of our educational inter
ests in the public schools, academies,
high schools and colleges. Georgia
has no educational journal, and its
place should be supplied, to some ex
tent, by the journals of the State.
Ido not fancy a class of teachers,
who are selfish and conniving in their
work, and look upon others engaged
in the same cause with jealousy and
envy; yet it is too often that we find
such a spirit on the part of some. All
should work together for the great
cause of popular education, and, in
proportion to the advancements made,
will the individual institutions of the
State flourish. There appears to be a
disposition on the part of some people
to try to build up good schools, and
they think they can only do so by de
molishing other schools that surround
them, and build on the ruins. Such
is a mistaken idea, and the “Professor”
who entertains euch notions would be
far better supplied with a vocation
more adapted to bis capacity if he
would place himself between the plow
handles. Such a disposition should
not be tolerated among teachers. They
should bid their fellow-teachers God
speed in their work, and as each suc
ceeds in awakening an interest in the
minds of the people in the cause of
common education, in the same pro
portion will schools of all grades be
more liberally patronized, and their
prosperity be enhanced. The academy
or high school needs numerous pri
mary schools surrounding it, which
serve as feeders. The colleges of our
State need the academies and high
schools equally as much, to awaken an
interest in the minds of the young, and
start them on the road to a liberal ed
ucation.
But my object was not to enter into
a lengthy discussion of any kind, bnt
to make the suggestion of an educa
tional column in your paper, which I
hope you will find space to accommo
date, and in no wise detract from the
interest and usefulness of the Eagle
Respectfully,
“Squeehs.”
Letter from a Teacher—Closing School.
Wahoo, Lumpkin Cos.,
Oct. 20, 1877.
Editor Gainesville Eagle :
As my school has just closed, it may
be of importance to let you hear from
this district once more, before I bid it
adieu. I have been successful in get
ting through teaching without any
trouble worth notice; everything
moved on smoothly with all the pa
trons with the exception of one or
two; and they were not condemned,
but pitied for taking offense at what a
child would be too wise to notice. The
children of this section are very easily
governed, and I have, therefore, had
but little undergrowth to cut down.
The average attendence has not been
so large as expected, on accout of fod
der-pulling, cotton-picking, and many
other things to keep the children at
home. This is the case with some;
but others, I am sorry to say, want
their children to carry corn to mill in
one end of the sack and a rock in the
other, just because they have made
out in that way.
If there is anything that is distress
ing, it is to see a man take so little in
terest in his children as to let them
grow up without giving them op
portunity to improve the talents which
God has given them. It is to be hoped
that those who are unconcerned in the
welfare of their children will go to
praying, and get forgiveness for ne
glecting them, and never be guilty of
snch again.
Last week the Baptist Association
was held at Mt. Gilead; but owing to
the heavy rains, the attendance was
not so large as it would have been had
the weather been suitable.
Corn crops are very good; wheat is
being sown as fast as the corn can be
gathered. I saw nothing of import
ance on my way to Dahlonega. Ar
riving there, I was surprised to see the
progress of the Neal & Imboden Min
ing Company; they have opened three
or four splendid gold veins. This is,
no doubt, one of the best mines in
Georgia; and when their ten-stamp
mill gets into operation, there will be
another flower open in this rich por
tion of the North Georgia gold belt.
W. F. Lawrence.
A Pittsburg firm is introducing glass
burial cases.
MINES AND MININC.
BY WK. W. HABERSHAM.
YIELD OF THE NEVADA MINES IN SILVER.
Previous to thef year 1862, the pro
daction of silver in the United States
amounted to only a few thousand dol
lars. At that time, attention was call
ed the Comstock Lode, of Nevada,
whose croppings yielded, in the coarse
of that year, about two million dollars
lode was developed the product
increased, and in the year 1870 it
re A bed sixteen millions, of which
about five millions were from the Com
stock.
J" 1871, other portions of this fa
mo?Js lode were developed, and the
yieM of the celebrated Bonanza Mine
increased the product of the mines of
the United States to eighteen and a
half millions, of which about one-third
wa!s*from tho Comstock, and one-fourth
of the latter from the newly-opened
mine. In 1872, this body of ore yield
eiA'wo-thirds of all the production
from the Comstock, and in 1873, when
the product of the lode had risen to
eleven millions, it yielded seven
eighths of the whole.
In 1873, the Consolidated Virginia
Mine was discovered. Up to January
1, 1877, the Bonanza Mine, comprising
the Consolidated Virginia and Califor
nia Mines, produced $52,603,706, of
which amount $29,263,545 was in sil
ver, and the average annual product
of silver from this body of mineral
bearing ore a fraction over $7,000,000.
The yield of all the mines of the Corn
stock lode, during sixteen years, has
past, to the 30thjof June, 1877, that
been $235,360,348, of which $141,216,-
207 is of silver—or an average annual
product of SB,-826,012 15-16 in gold
aud silver.
DEMONETIZATION OF BILVEK.
Since the discovery of America, the
larger proportion of the precious met
als has been derived from that source.
“In 1873, Germany aßd the United
States demonetized silver. At that
time it was neither depreciated nor
unsteady in value, nor had any change
occurred in the relative production of
the precious metals to indicate its de
preciation in the future, nor was any
actual or probable depreciation assign
ed as a reason for its demonetization.
The average flow of silver to India was
undisturbed, and the Big Bonanza in
the Comstock lode was undiscovered
Manifestly, the real reason for the de
monetization of silver was the appre
hension of the creditor class, that the
combined production of the two met
als would raise prices and cheapen
money, unless one of them was shorn
of the money function. In Europe,
this reason was distinctly avowed.”
Nothiug will tend more to restore
the equilibrium, as well as the amount
of the rapidly accumulating masses of
the precious metals, and to render sil
ver appreciable, than the direct com
munication which now exists between
the Old and New Worlds. When we
consider that in India, under the Brit
ish administration, silver is the only
legal tender, that the Asiatic demand
is fully restored, and that the actual
silver production in Nevada is now
thoroughly understood; it is natural
to conclude that no increase in the pro
duction of the precious metals will
have immediate appreciable effect upon
either their combined or relative
values.
Change in the relative value of the
two metals are entirely different from
changes in their absolute value, or in
other words, their value as compared
with all other things. Thus one metal
may have fallen greatly in value as
compared with the other, and at the
same time not only may not have lost,
but may even have increased in pur
chasing power. In discribing a diver
gence in the relative value of the met
als without reference to the purchas
ing power of it is as correct to
say, that one has risen in value as to
say that the other has fallen. In fact,
looking only to the relation of the met
als, both things have occurred. One
has fallen and one has risen, each rela
tively to the other, to the full extent
of the divergence. In order to ascer
tain whether silver has fallen or gold
risen since 1873, not relatively to each
other., but relatively to all other things,
a comparison must be made between
general prices in gold and silver res
pectively then and now, such a com
parison would show, that the purchas
ing power of gold has increased since
then in all countries, and that the pur
chasing power of silver has decreased
in none.
The unprecedented yield of gold, for
a period of ten years after the discove
ry of gold in California and Australia,
had a tendency to depreciate silver,
yet at no period of the worlds history
do we observe silver to have been in
greater demand than between the years
1849 and 1859.
During that time the amount of gold
thrown on the market of the world
was obtained principally from the allu
vial soil, of which Placer “Claims are
composed, and not from Quartz Leads,
the original source whence it is ob
tained.
Onr Ben.
Don Piatt, of the Washington Capi
tal, thus speaks of Hon. B. H. Hill:
“Perhaps there is no man in the Senate
more competent to enlighten that body
upon a point of law than Hon. B. H.
Hill. Prior to the war he was invari
ably defeated for Congress, and was
thus enabled to devote his entire time
to the practice of his profession; and
the fact that his law practice has for
years yielded him an annuity of up
wards of thirty thousand dollars at*
tests how highly his talents are appre
ciated in the State which boasts of
snch masterminds as Stephens, Toombs
and H V. Johnson. With but a few
hours’ preparation Mr. Hill proved
more than a match for Blaine on the
amneßtical occasion, and he will be
found equal to any emergency that
may arise in the Senate. The great 1
Georgian has hosts of admirers in all
sections of the country who wish him
unbounded success.”
POINTS OF LAW
Decided by the Supreme Court of Geor
gia, October 30, 1877.
Prepared for the Eagle, from the Decis
ions Published in the Constitution,
—BY —
H. H. PERRY, Attorney at Law,
Gainesville, Ga.
DORMANCY OF JUDGMENT. DORMANCY OF
EXECUTION. EVIDENCE.
Eagle & Phoenix Manufacturing Cos.
vs Bradford. Claim from Muscogee.
This was a claim case, in which the
fi. fa. was levied on land. It appeared
that the plaintiff’s judgment was ren
dered December 13, 1859; that execu
tion was not issued thereon until Sept.
that an entry was made on
t,iie fi. by proper officer April 1,
1768; that from that date there was
an interval of seven years during which
no entry was made on the fi. fa. Held:
I. That the judgment was not dor
mant as against defendent in fi. fa.,
nor is it dormant as to claimant, there
being nothing in the record going to
show that claimant occupied any bet
ter position iu this respect than de
fendant in fi. fa.
2. That although the fact was not
entered on fi. fa by sheriff, still it is
apparent .from the records of the
courts of this State, offered in evidence,
that during the seven years in which
no entry was made on fi. fa., plaintiff
was not sleeping over his rights, but
engaged in a contest with defendant
in fi. fa., who, during tne time, filed,
first, an illegality to the fi. fa., and af
terwards a bill in equity to enjoin tbe
fi. fa. from proceeding, the fi. fa. does
not come within the reason and spirit
of the dormant execution act.
3. That the affidavit of illegality and
bill in equity filed by defendant in fi.
fa. were admissible against claimant to
rebut the presumption of dormancy
arising from the entries on fi. fa., it
not being made to appear by claimant
that he was entitled to protection as
an innocent purchaser, or as a bona
fide purchaser for value, and had had
possession for four years.
CONTRACT. SALE.
Puffer vs. Peabody, Adm’r. Claim
from Muscogee.
In this case a party, a druggist, died
in possession of a soda fountain, which
his administrator offered for sale; Puf
fer filed a claim to it. Puffer proved
by his agent, who made the contract
with deceased,"that the fountain was
sold by Puffer to deceased, with the
understanding that the title was to re
main in Puffer until the purchase
money was paid. Held, that this was
a conditional sale, and the purchase
money never having been paid, the
title was still in Puffer, the claimant.
EXECUTORY TRUST.
Johnson vs. Redd. Claim from
Muscogee.
Where a -married, woman holds
property under a deed creating an ex
ecutory trust for the support of herself
and family, the property is not subject
in law as her property, nor will a court
of equity decree that any part of the
proceeds thereof should be applied to
the payment of her separate indebted
ness, where it is not alleged and prov
en that the rent and profits of the
trust property are of greater value
than what would be a reasonable sup
port for herself and family.
ARBITRATION AND AWARD.
Merritt vs. Gill. Motion from Ma
rion.
When an award of arbitration shall
have been returned to the Court, and
entered upon the minutes, as previded
by law, all objections to the award be
ing made the judgment of the Court
should be made on the oath of the
party objecting.
LIEN. PARTIES. PRACTICE.
London vs. Coleman et al. Notice
from Muscogee.
1, A corporation was entitled to a
lien of a machinist under Sec. 1966 of
Irwin’s Code, as well as a natural per
son.
2. When the property subject to a
duly recorded machinist’s lien was
sold under legal process, before any
suit to enforce the lien, and before time
for s iit had expired, the lien attached
upon proceeds of sale in hands of offi
cers.
3. Where part of a machinist’s lien
was a running account, and the rest
was never a part of the account, but
covered by a draft, the two matters
are prima facie separate. A record of
the lien in time for one may be too
late for the other.
4. Original construction or fitting
up being distinct in its nature from
subsequent repairs, the presumption is
it took place under a distinct engage
ment.
5. Where a machinist merely manu
factured or sold material for repairs,
and did not concern himself with unit
ing the materials to the machinery, he
was not entitled to lien for price, under
Sec. 1966 of Irwin’s Code.
6. On a motion to distribute money
where there are several claimants and
the whole is awarded to one, one of
the defeated claimants may move for a
new trial without making the others
parties to the motion.
7. When the Judge enters on the
motion for new trial “approved,” and
signs the same, it is sufficient verifica
tion of the facts in the motion.
8. Where it appears'that the Judge
refused to charge so and so, it will not
be assumed that he was requested to
charge in proper time and manner
over his refusal to grant anew trial.
WRITTEN CONTRACT. PLEADING.
Dendv vs. Copeland. Complaint
from Harris.
1. A special plea by surety that he
signed the note sued on, to encourage
principal to pay it, with an under
standing between payee and surety
that the latter was not to be liable, is
not a defense to the action, and may
be stricken.
2 A plea that defendant is not in
debted is not the general issue when
he proceeds to set forth special facts
as to the reason why he is not indebt-
ed, and in such ease there are not two
pleas, but one.
SERVICE.
Cherry vs the N & S. R. R. As
sumpsit from Harris.
For service upon a railroad corpora
tion, by service upon its ag nt, to be
effective, the agent must be its agent at
time of service. An agent of the State
under a receiver is not the agent of
the corporation.
WARRANTS'.
Holbrook vs. Davidson. Assumpsit
from Taylor.
hen A. trades to B. a promissory
note before due, and represents that
the note is good and secured by a
mortgage which he holds against the
maker to secure this and other notes
retained by A.; and A., without B.’s
consent, trades off ■ the mortgage for
stock to the maker, cancelling and an
nulling the same, and the maker is
sued to insolvency : Held that A. is
responsible to B. for the value of the
note.
LIEN OF JUDGMENT.
Andrews vs. Matthews & Gibson.
Complaint from Talbot.
A judgment, junior in date to a
mortgage, illegally recorded for waßt
of probate, but founded on a debt an
tecedent in date to the mortgage, has
priority of lien to the mortgage, and
the purchaser, under fi. fa. issued from
said judgment, acquires good titles
against the mortgage, though both
the judgment creditor and purchaser
had notice of the defectively recorded
mortgage.
EQUITY. PRACTICE. HOMESTEAD.
McManus vs. Cook. Equity from
Talbot.
1. Where the vendors sold to the
vendee a homestead in land, and took
vendee’s note and executed bond for
titles, and no part of the purchase
money was paid and the vendors were
insolvent: Held that equity will re
scind the sale and cancel the notes,
upon the payment of the vendee to the
vendors the value of the rents while
he held the land, and damage done to
it, if any—especially if the Ordinary
had never approved the sale.
2. On the trial of an equity case, by
special verdicts upon written ques
tions, the Chancellor may decree a
perpetual injunction, if the fact speci
ally found demand it, without the find
ing by the jury, in express words, that
a perpetual injunction be granted.
EQUITY. JURISDICTION.
Yarner & Ellington vs. Radliff &
Lamb. Equity from Muscogee.
Though defendants to a proceeding
in equity reside without the jurisdic
tion, yet when they appear and answer
on the merits, full equity will be done
between the parties.
Corbally vs. Hughes. Complaint on
Notes from Muscogee.
1. Where vendor gave vendee bond
for titles and took vendee’s notes for
purchase money of land, and before I
notes fell due a judgment was obtain
ed against vendor and levied on land,
and vendor, though notified, fails to
relieve the land, and property was sold,
and vendee, to protect her title, was
forced to buy the title of purchaser at
sheriff’s sale, and the vendor was in
solvent : Held that the vendee may
set up, by equitable plea, the partial
failure of consideration in defense of
the notes, and that a verdict for bal
ance of notes, after deducting amount
necessarily expended by her to make
good her possession, will be upheld.
2. The defense to the notes of the
partial failure of consideration or re
coupment is good, notwithstanding
vendor had notes exempted as person
alty, there being no homestead set
apart in the land.
M4TTHEWS?vs. TOOMBS.
Contempt of Court in Oglethorpe County.
[Oglethorpe Echo.]
During the process of Col. Matthews’
argument in the Eberhart case, last
week, the speaker was frequently inter
rupted by Gen. Toombs, the opposing
counsel, upon what appeared to the
spectators as most unusual and frivol
ous charges. The speaker bore it for
some time with commendable forbear
ance, as Judge Pottle almost invariably
decided against him, until at last, upon
Gen. Toombs adding, the insult of a
hiss to his other annoyance, when for
bearance ceased to be a virtue, and
turning upon his opposer with a look
full of scorn and indignation, the,
speaker said: “I mind not, sir, the
hissing of a vile serpent!’’ Judge Pot
tle, instead of administering a severe
rebuke and fine to the originator of the
contempt to the body over which he
presided, simply requested the gentle
men to conduct their argument with
becoming dignity, or something of the
kind. Afterwards, upon his Honor
again deciding that Col. M. was “out
of order,” that gentleman simply re
marked to the jury: “You see, my
mouth is closed on that point.”—This
Judge Pottle held as a contempt of
Court, and upon the adjournment of
that body summoned Col. M. to appear
after supper and show cause why he
should not be fined for same. Upon a
statement from the Colonel that he in
tended no insult to the Court, in which
he was sustained by other members of
the bar, his Honor magnanimously (?}
‘let him off.” Our people were very
indignant at what they considered par
tiality on the part of the Bench to
ward General Toombs, and had a fine
been placed upon Col. Matthews they
intended to hold an indignation meet
ing and pay the fine.
Whatever expands the affections or
enlarges the sphere of our relations to
the universe and all that it inherits, in
time aud in eternity, to the great and
beneficent cause of all, must unques
tionably refine our nature and elevate
us in the scale of being.
Peace does not dwell in notward
things, but within the soul. We may
preserve it in the midst of bittertst
pain, if we will remain firm and sub
missive.
SEND GORDON BACK.
[LaGrange Reporter.]
Send Gordon back, of course we will ;
When bullets swept the battle plain,
He needed then no voice of ours,
But hastened to the front again.
Send Gordon back, our gallant John,
Whose brave sword flashtd o'er many a
field,
And when that sword fell from his grasp,
Taught nobler truth—how brave men yield.
We’ve tried him in the quiet walk,
W e’ve tried him in the battle fray,
We've tried him in the Senate Hsll—
True everywhere— true every day.
We will not take the laurel wreath,
The wreath we placed upon his brow,
The wreath more truly his than erst,
We will not tear it from him now.
From our pine-clad plains below,
And where they rise our mountains blue,
And from ‘be red hills of bis birth,
The same cry comes, give Lnn his due.
Stay where thou art—be as thou art—
Like Roman Senator of old—
Unsullied, true, beloved of all,
Gordon who hast the heart of gold.
A Capita! Precedent.
Ha 45
A few years ago the question of the
“removal of the Capital” (or the court
house, which amounts to the same
thing) agitated the people of Ware
county. The “geographical center” of
that county being just in the edge of
the Okefenokee Swam >, was not such
au important factor in the discussion
of removal as it now is in regard to the
State Capital; but Waresboro, the then
capital, had claims surpassing, rela
tively, any that Milledgeville can now
plead. Waresboro had always been
the capital; was then the capital; had
the “halls of the fathers,” where the
eloquence of the fathers had echoed
and re-echoed in the happy past, and
thrilled the sons with admiration and
awe; where Justice held her evenly
balanced scales unweighted by corrup
tion; where the fathers had bought
and improved lots, with the full assur
ance that there the capital would re
main ad finem ; where they had fought
and bled, and renewed their broken
friendships over jugs of untaxed and
unadulterated extract of home-made
corn; where was the exact center of
wealth and population, and just three
miles distant from the swamp that was
concentric with the railroad system
of the county. Ay, more than this:
A railroad ran through the village,
from east to west, and connected it
with every part of the State.
And what was Waycross, the com
petitor with the veneraole Waresboro ?
Nothing but a prototype of Atlanta !
A village with framed stores and dwell
ings—painted at that—and with two
story hotels, stuck away off from the
benter of population, wealth, and the
railroad system of the county. Three
fourths of the wealth and population
of the county is nearer to Waresboro
than to Waycross; and while there is
only 12| miles of the railroad in the
county nearer to Waycross than to
Waresboro, there are 37’ miles nearer
to Waresboro than to Waycross.
But the citizens of Waycross offered
to build a court house as good as the
one at Waresboro, if the people would
vote to move the capital to that point.
And the people, seeing that Waycross,
being at the crossing of two railroads,
was more accessible than Waresboro,
notwithstanding its extremely eccen
tric position, and seeing, moreover,
that there were better accommodations
there for jurors, witnesses, and others,
voted for Waycross; and Waycross
kept her pledge, and built a court
house worthy of herself and the
county.
The Moffett Bell-Punch.
Head of Tennessee, Ga., Oct. 16,’77.
Dear Eagle: I have missed a link some
where, and am befuddled. lam much exer
cised to know what the “Moffett Bell Punch”
is, that so much exercises the Old Dominion
about now. It seems to agitate every F. F.V.’s
morning flipper. Please enlighten us.
Respectfully,
W. A. C.
, At the late session of the Legislature of
Virginia, the subject of the State’s debt
was a very serious one, and compromise
with the creditors, if not worse, was con
templated. A member, Dr. Moffett, we
believe, offered a bill taxing each glass of
whisky, or other strong drink, sold in a
bar-room, two cents, and each glass of
beer one half cent. The Moffett Bell-
Punch Is not a punch, but a register, in
vented by the Doctor, that records the
drinks in each bar-room. Its machinery
is inside of a small box with a crank on
the outside. The crank is turned by the
bar-tender, aud a bell inside strikes once
for each drink sold, and at the same time
the drinks are recorded inside of the box.
The purchasers are to see that the crank
is properly turned; and, of course, collu
sion between the bar-tender and the
drinker could defraud the Commonwealth.
The price qf whisky was raised by the
bar-keepers from ten to fifteen cents a
drink, in order to meet this tax, and the
size of the beer glasses was diminished.
The income from this source, thus far,
has been over S2OO a day in Richmond
alone, and the opinion is that Virginia
has found a bonanza in the Moffett bell
punch. There is appreheusion, however,
that the patriotism of too many F. F. V.’s
will induce them to sacrifice their for
tunes, families and lives, in their efforts
to liquidate the debt of the “Mother of
Statesmen.”
It is suggested in some other States
that the example of Virginia is worthy of
imitation; and if it prove a financial suc
cess in the Old Dominion,the Moffett bell
punch will doubtless extend its dominion.
And as three-fourths, or more, ot the ex
penses of the criminal dockets in every
State is attributable to drink, it is right
that those who drink should defray that
expense. But the “little brown jug”
threatens to seriously affect the finances
of the bell-punch.
The Ellijay Courier wants Gen. Gar
trell to succeed Gen. Gordon in the
Senate. Gen. Gartrell is a good mar,
but Gen. Gordon will be his own suc
cessor.