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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.