Newspaper Page Text
>
The Daily Jerald.
| -Off TH1 HKBALD fiM aa ftel«*e:
DAILY. 1 T«r flO 00 I WEEKLY, l Yatr..|2 00
DAILY! • Month*... • 00 | WEEKLY,C Months 1 CC
DAILY, I Vflttka..* * | WEEKLY, t Month* CO
DAILY. I Month... 1 00'
ALSTON k OO.
Gfficoon Brood mat Alabama Straai-
ATX*A**TA. OX:
Tbaroday Morning, X>ec. 10**74
■ —
TO MAIL.
8CBKRIBKM
HKHILD.
OF THK
The Postage Lew of the lest bo*(■ion of Con
gress, wbilgjargely reducing the rates on
new.paper*, reqniree that in .11 cues after
January 1,^875, the postage .hall be paid in
•Manceat Jbe place ot mailing. It will
a tlM>efore beeome naconaery for publishers to
attend to tats payment instead of sobsrri-
The postage heretofore paid by subscribers
« the Hmu), has been at the rale of
0 per year on the Daily, and 20 cents per
f*jam on th$"Weekly. Hereafter, on snbaciip-
flens running after the let of January, sub-
wfll pay no postage at their home
peat11I’ll in. bat in ramittanaee to this office it
will be necessary toadd to the usual subscrip
ting price of the paper the following rates for
the prepayment of postage .
On Daily,
Tl» Atlanta New. wb Both Blfte.
Oil the 26th of November there appeared in
the Atlanta Daily News, a paper edited and
supposed to be controtfcd tty Mr. A. 8.
Abrams, en editorial from wbidh we matt the T
following extracts : . V—-1-* A.—
THE U8CBT LAWS.
"When the subject of the repeal of the
tisary laws of Georgia whs before the people,
the editor of (bis paper urgently recommend
ed Ihair repeal. We believed that it would
tend to bring money into the State, and thus
add to <aur capital. This belief baa not been
reAlijed. There has been but lit tie or no oapi-
tal Hmsteinfy the repekTof the nsury laws,
while the price of money has increased
frightfully. Mon who would have invested
their Inn- s in real estate or in mercantile en-
terprwex, have taken to lending, and thus
the commercial interests of the State havesui-
l.rul I
fereei, f j
this city the repeal has heeu most inju-
ln
COLD WATER VICTORY.
EGISIONS
Temperance Triumph at Carters-
Tille.
4
8UPBEMK UOU UT OP l! 1£ 0 K (j 1 A.
KPEOIAI. TXLEO&AM TO 1HK HSlALD.
OdBTKMVILLK,
Thera vu a apirlted 001
municipal election, between tL
Wototo. A Waterloo defeat swell
Them** Stokely bore the “dry” lUDtWd. bu^kfly
by A majority oi 40. Hia ticket te fledged
uiey Jrstits; nos. u*
TPP, ASSOCIATE
to leeue no licenses to reuTTliquori for tke next year.
The Temperance ball rolli.
WASHINGTON.
aae year 60 cents
Ttt months s...30 cents
ifcree months 15 cents
In other words, the pnee of the Herald, to
mail subscribers, will hereafter be at tLe rate
of $10.60 lQr,.the baily and $2.15 Tor the
Weekly, which wftl include prepayment of
poatoge—payment in ail cases tp bw made in
advance a
The saving in the sum thus paid for postage
by subscribers is clearly apparent in tbeee
figures* amounting to one-half in the Daily,
•ad Dearly as much in the Weekly adifeten.
' Xn cases of failure io remit the amount thus
Charged for postage, the difftotaM will bo
charged against the time for which the paper
ia |Mt And in all cases where subscribers
ar# delinquent, we will be compwllwd to erase
rions, and the damage is to be seen in the al
most complete suspension of transactions in
real estate, and in the entire abandonment of
projected to.uAotaclosy eater prison. Men who
canig^. thjrty ptr c&t. |er anuum tor tneir
Tuofcey, By loaning it, are not at all likely to
tuvest in enterprises which do not promise
more than ten cr twelve.
Nor has Atlanta alone suffered. We un
derstand that Savannah, Augusta, Macon, Co
lumbus, and other towns in the State, have |
alike been ucverely injnred by the repeal of j
the usury laws. Among the people the effect
has been disastrous. Men cannot borrow j
money al thirty per cent, per annum piofita- j
bly, and y«i huk<lre<lB have plunged into |
dekt, tjy ngreeiDgfto pay this enormous in
terest, only to find themselves utterly mined
when pay day arrived.
It is clear th«f something must be done to
ward terminating this serious state ot affairs.
Wo, iberetore, trust that at the next session ci
the Legislature tne usury laws will be re-en-
actexL Let the legal rate of interest be fixed
at leu per cent, per annum, and provide for
the forfeiture of the entire interest where great
er usury is charged. On proof of illegal usury
a fine ought to bo inflicted upon the lender.
In the Atlanta News of December 5th ap
peared an editorial, from which we make alao
the following extracts:
In every country the first effect of the
Notes and
Jottings
Capitai.
ABOOT THE
DUAL—AK INTERESTING!
PRESENTATION IN
PARIS.
id ay. Deo. 8,1874.
ald, by Henry
Jackson, Supreme Court Reporter.
J. C. C. Black vs. Joseph J. Cohen et. al.
Alfred Shorter et. al. vd. Mayor and Coun
cil of Home. Injunction from Floyd.
WARNBU* C. J.
This was a bill filed by J. J. Cohen and
Constantinople, Dec. 9.—The Grand Turk
gave one hundred thousand dollars for famine
=t B«T. * n f£!\-The trial of Von Arnim | ®“»"- ta VR*J e *? ol cit ? ol
will be public, but the judges have the disc-re- oa i. e ’ for injunction to restrain
tion of clearing the Court during important | ,h ® M “J or * ^°>‘ueil ol said city, from levying
revelations. ana collection an extraor.iinarv tn* Inr llu*
TYPE FOUNDERS—PROTESTING AGAINST THE
RECIPROCITY TREATY — RAILROAD AID ASKED
FOB— KU-KL" X PARDONED—REPUBLI
CAN SENATORS CAUCUSSINU ON
ARKANKAW — OTUKit WATTERS.
OONORtftfclONAL PROCEED
INGS.
[BY TELEORAPH T ) THE HERAI J). ]
Washington, I>ec. * 9.—Th» Republican
their names, as it will require a daily outlay
on our part larger than we can-afford to pay
i for delinquents.
in favor
The beat argument we have read - , .
a. v ax.u -i v x here, more than half ol u in mortgages on
of tto re-enactment ol the usury law appeared , [tm| Mtate at only leu ceut . Jmum,
repeal of the usury laws has been unfavorable,
but, after four or five years of t»eedom, money
has d jwed in freely, and the very best results
obtained.
“.Such is the experience oi the world.
Such will be the experience ol Georgia, un-
leas the I* gialalnre shall blindly yield to the
demaud of well meaning but misiskeu men,
and re-enact the laws which have kept mil
lions of dollars out of the State.
Having said this much, it is almost need
less to add, that we are opposed to re-enact
ment. In to-morrow's issue we ehali show
that instead of free money itduring Georgia
it has already henefitted us. We shall tell of
two hundred stud twenty-five thousand dol
lars of money brought to this city from New
York, Chicago and Milwaukee aed invested
in Kfiommunication to the Atlanta papers of j am \ we shall further show that the bank rates
« very recent date, from the peaefCoLwGeo. | during the prewent year have been lower than
W. Adi ir. This writer not only deals iu rev- | ‘’•'"'ng any previous year since the close of the
t upon the mere abstiactions of the
, bat he brings the case home with a
force and directness which puncture^ in bur
opinion, all fine-spun theories on the other
aide. We reproduce this article in ftfll in
another column.—[Constitutionalist.
“The amateur financier” still takes Major
Wallace to task for stating that “he was forced
to go to Charieaton and New York to borrow
money because our laws had so shackled
money, that he was compelled to go where
nature was allowedYo take its oourse.” when
it ought to have been well known to Maj >v al
lace that New Y’ork and Sooth Carolina have
constantly refused not only to repeal their
nsury lavs, hat even to modify them.
The information in regard to Englaud hav
ing te-enaoted her usury laws, was obtained
from an intelligent English merchant who left
London in April last, end knows whereof he
speeks. Gen. Toombs, in his interview with
e News reporter, also asserts that England has
restored her usury iaws.
Sx it appears that somebody was “stran
gled” in the News office, whether by the
stock holders ol llin Association or by the bus
ks luRCSger, we are unable lo say.
A M r wm >*YAMV\!I TO ( ItATK-
A gentleman irom Cobb County, informs us
that over one-thiid of the cotton crop has
beeu shipped this year to New Orleans. This
cotton cornea to Atlanta, and then inat ;nd ot
going to Savannah ents away lo N--w Orleans.
The reason ol tLis is, that the freight from
Marietta to Siivauvaii is 8d cent.-, and to
New Oilcans G3 cents. Nowall our sympa
thies aro wi:h Savannah u jm l\ rente to New
Orieaes. HatlTit tiio Fkivannah pipers better
look into the matter.
Senators spent about au boar and a half in
e»ucu.s this afternoon on the subject of Ar
kansas affairs, but uJj3urned without coming
to »ny conclusion. Only a few Senators ex
pressed themselves in favor of intervention,
and even these were not agreed as io the exact
form of movement. Others were disposed to
post; >one action, os the present condition of
the State did not seem to justify Congression
al measures. All accounts represent the peo
ple generally to be satisfied with their present
government, and no cause tor violent disturb
ance.
The question of the condition of Louisiana
is also becoming involved. Several Senators
said it would be found, on examination, tbat
one or two of the other Southern States had
more legal existence than Louisiana, and
therefore, there should be an investigation
concerning all of them, in order to establish
their validity.
The expiession of views respecting Sena
tors, widely differ from the original topic.
In the Alabama claims court to-day argu
ment was resumed on case 87. as to the char
acter of datunges, count-el for government
taking the position tbat the court li d no ju
risdiction in the matters of perhanal injury by
acts resulting from the capture of Confeder
ate cruisers.
Gen. Roberts spoke in opposition.
The d oibiou will bo rendered in a few
<la\s.
Case 118, involving the question of citizen
ship, naturalization, etc., will, with a case in
volving same points, be argued to-morrow.
It is probable the hearing ot the ratscs will
commence regularly next week, alter the
grrneut on demurrers are closed.
The bill continuing the Hoard of Audit ot
the District of Columbia wus passed.
In distributing the President's message tbat
portion relating to troubles in Louisiana and
other Southern States, was referred to a
select committee of seven.
Thomas, of Virginia, introduced a bill re
moving the political disabilities ot Edward
Booker, of Henry county, Virginia.
The lumbermen protest against the reci
procity treaty.
The tjpe foundries of various cities protest
against a reciprocity treaty, so far as regards
Lonron, Dec., 9.—Violent gale. John Cook
wrecked. Ffteen drowned. A dozen vessels
ashore. Much damage ashore.
London, Dec. 9.—Intelligence of the dis
asters on the coast by the gale to-ddy continue
to be received. At many places the wind blew
with unprecedented violence. Brig Libol
from Wilmington, N. C., for Liverpool, was
driven ash Oregon Point Lyons, and was total
ly wrecked. Crew saved.
London, Dec. 9.—Telegrams were received
at Greenwich Observatory this afternoon, fr. m
India, announcing tbat observations of the
transit of Venus had beeu success. Over one
hundred photographs taken.
Paris, Dec. 9.--Ia oon'ormity with a reso
lution adopted by the American Congress, the
*23d of June lost, Mr. Washborn, II. S Minis
ter, to-day handed to Mr. Oscar Da LaFayette,
Deputy in the National Assembly from Seine
et Marne, and grand son of Marquis DeLa-
Fayelte, the watch Washington presented to
the latter as a soavemer of the capitulation of
Lord Cornwallis. The watch was stolen
trom the Marquis DeLaFdyette while he was
traveling in the United States in 1825; but it
was recovered in later years. Tue presenta
tion oeremonies took place at the hotel of the
American Embassy, in the presence of the en
tire LaFayette and other families, the al-
tachees of the U. S. Legation and many dis
tinguished Americans.
Mr. Wasburn, in addressing the Marquis
De LaFayette, spoke m the French language.
He narrated the circumstances of the thett ot
the watch and the passage by Congress of the
resolution for its restoration to the descend
ants of the Marquis De La Fayette, and said :
“I am lull of feelings of emotion at the pleas
ant duty, The inscription on the watch re
calls to mind the great deed which can never
be effaced lrom history of the United blates
The deed which terminated in the American
revolution and assured independence of the
United States. I am here as an interpreter of
the sentiments of the government and
people of the United States towards you
and other descendants ot Marquis De LaVuy-
ette. Let us form earnest wisues for the hap
piness and prosperity of all bearing your
honorable name, and with those wishes let us
associate France, who was allied with the
United States; who is our traditional friend,
and whose glory is so dear to us.
M. Do LaFayette, in reply to Mr. Wash-
burne, solemnly acknowledged his thanks for
the relic presented to him by the United
Kiatts Congies-*. He also thanked Wash-
burne for the kind words he had uttered, and
added that the LaFayette family were tilled
with profound gratitude for the sympathy and
membrances which have been preserved for
their ally by the Americans alter so many
years. He requested Mr. Washburne to t x*
press to the American people, and to their
Congress, or their government, the thanks of
the LaFayette family.
St. Pxtersbup i, Dec 9 —Several govern
ments, including that of Fiance, have
the construction of their roads. In present
ing the memorial, Mr. Scott said it had been
placed iu his hands by :i citizen of Pennsyl
vania, who is president of the Texas Pacific
road. The memorial was accompanied by a
J bill, which he (Scott) had not examined for
j want ot rime, but he wonhi present it to the
National Debts of Principal Na^ j when in order, holding himself free to
tions.
type and type material. favorable replies with certaiu reservations to
A memorial of the Texas Pacific, and At-! iliViUli *L n! lh * rzAr tn ulm ,„rt in ,1,6*
Untie A Pacific Railroads, wa3 presented,
praying Congress to aid those companies iu
I’uJtad Stat--*
! literal, *er bvoii......
Kufftaiid.
Int«re«*
Inter**!, j re IimhI
France
Interest.
Interest, Lead
Russia
Interest
Interest, per Levi
Austria
11. terra:
*3 75
rbead.
We are pleated to see tbat this umMer is re
ceiving some attention at the bends ol the
press of tbnJUate, and ve hope that the Leg-
letnre will take the npitler in hand as soon os
it meets.
We publish on onr £rjt page a very sensi- tauweat. ier Iimu,
ble artiole on the snbjeetirom the pen of Col.
0. W. Adair, of Atlanta, who is extenairely
known as a shrewd, fasti posted, practical,
MBsible business man. ®The Atlanta papers
hare "interviewed" and published the optn.
ions of other gentlemen of ability and stand
ing—bankers and otberb-who do not agree
on the subject—sotdb flvoring the existing
'law and others desiring Ahe re-enactment of
tte utnry laws. We cOOot undertake to jjjve
Uui opinittn* of alu Hr. John H. James,
bank*, says the existing law is best for bak
ers, bat not for the people. Major Campbell
-Wallace ia in favor of money being left .£»*,
and thinks nsury laws a “relic of barbarism,”
•to —Athtn* Watchman.
. | L 7r>3.4*20.000
1 -'-.Wu.tK.0
$4 28
.$2.6i:i.«oo,oco
121 000.000
*3 i
tWfiY,
.$l,21o 000/(ti
63.020 000
$1 ye
.fl.OOi.t 4U.U0
82.28 •.000
$3 7
Ilitel 8-t. ...
InlUi't-.'T. ye.
Prussia
Inttrrat.__
lLtttreeY, per bend
Caned*
Interetr
Interest, porjiead
SwiUerlaoil
interest
Interest, per
P.M, 763,(00
10.3jO.000
$1 14
256 SOO.OO"
0.M0 000
approve or reject it utter examination.
The changes in committees remain unim
portant. Select Committees on Water Routes
to Sea, and Levees, continued.
The President has granted pardons, to be
issued to morrow, to J ;hn and Jerome Whis-
onante, of South Carolina, both convicted of
Ku-Kluxism, and sentenced each to five years’
! imprisonment at Albany (N. Y.), and one hun
dred dollars tine. They have served two years
of their sentence.
The cjnftrtnce of Senators, to-night, are
tc consider wfiat they shall do in regard to the
condition of affairs in the South.
Venus has made her transit.
It is said that Cameron, of Pennsylvania,
and Fianaean, of Texas, will oppose the con
firmation ol Governor Jewell as Postmaster-
General.
CoL P. B. Hunt, of Pennsylvania, lias^uper-
sedt*d K. R. Cobb as Supervisor of Internal
Revenue.
Washington, Dec., 9.—Tn the Seriate a num
ber of bills were introduced. Among them is
une T»y West, providing for tlie entry of cer
tain lands in Louisiana, which was referred to
the Committee on Private Land Claims.
FLASHES FROM THE WIRES.
• The repeal of the nsaiy laws has done more
fcaam in Georgia than any act passed dining
the Radical administqttinu, except herQgps
the incorporation of monstrous boiar-
*taad exemption in the aoatitation. We have
shown that it has raised the rate of interest,
making money scarce aftdincreasm^ the num
ber of borrowers. It ttOp ro d oce< l prodigali
ty and expensive living.* it has stimulated
rash e&ta^£iiM£ tjW "
ignorant to the unscrupulous and graxpiog, it
has depressed the price of real estate, and
caused a general stagnation of all aorta of busi
ness, bnt especially do we believe that it has
brought down the price of railroad stocks to
such a figure tbat they are passing ont ot the
bands of tha present owner- to those
•f strangers. Before the law was repealed
jCenlral Railroad stock was above parj and
Georgia Railroad stock was worth 105.
trataert time after the repeal, their slocks be-
gapto decline until now Central is below GO
a*d Georgia Railroad at 7 fi.
What can be the cease of each a crest dc-
We know, so far as tbs Georgia liail-
| is conoerned, that it is not due to a fa.ll-
' in bnainUss. It ia not due to a waste-
nent, for there are few roads man-
more carefully or economically. It ia
ItaA^ttribatable to the fact tbat tbe Road bas
kCi to pay dividends, for it p»5« tbe same
dividends now it has always paid. Judge
a bas always said be did not regard the
as fancy stock, bat a good, fair paying
investment. Ws think that we can give one
of tha reasons, at least. Tbe temptation to
loan money at itoe per cent, per month, have
muaedeven ladles to disdain "oldfashioued’
eight per cent, and they have crowded their
sleek on the market, to get money to lend,
until we have seen it iwgularlydecliue, until it
hae reached tbe low figure of 76.
A party having tonsbaree of stock at tbe
par value et «M hendred dollars, says I can
afford' to lose five per cent on the eale. Cor I
eaa make R back in 30 days.
We kaow of a ease, now in tbe Bankrupt
Court, where a widow lady sold 318,000
of stoek to loan at the temptiug rate in-
dooed by tbe repeal of tha usury law. and
now both borrower sad lender sincerely wish
that it wu back in Georgia Ball road stack,
11 n mm toe lost it and it did the borroweo po
good except lo postpone the evil day a abort
Oxafix, Ncc., lire 0.—Kolsksna and party
arrived herd this uUernn.ip. Tbe mayor and
city conned and General Ord und Huff met
them a few mi!< s cut of the city. The entire
party were drivru thence to the city. Tney
tefsdbr Hie List at-l oeteck. 1'onr or five
thousmd people were ausembled r’ the depot,
A late ui twenty guns was fired l»y the bat
tery at the bntvafiks.
Kwucm:, I)«c. '.1.- The i xc tement is
snboidmg, amttmrfnp-a gentrnlTy has been
resumed. Tbe negro,.", nm reported as con
gregating at vwrio<i, placer a hurt distance
lrnm town. Pfii wbiha areetiff under arms
sod Et.mfl -fiird -111iie sppr-iaehef! lo the
ity.
WiLKKxBAUhr.. Btc. il.- A farmer named
Kl*jii was hfiUall^i.i.itdertd t-nd robbed on
MonlTay uigTif, on t' ■■ turnpike road two miles
from Scranton by six men, who lay in am
bush lor him.
I.uttt, FrvEov, Dec. f>. —Barrel’s printing
establishment, the hirgext in r'rance, is burned.
Loxs $300,>j0o.
Kaxsas City, Dec. 9.—Some masked men
detatAed iheenginc and express car from a
ti-ahi fin the Kansas and Pacific railroad, and
robbed the nk of Wells, Largo A (jo., of$2,7uO
in cash and $5,000 in gold dust. The robbers
were mourned arid lieayily armed. Tbe Ex
press Comi*ny olfet* $10,uX), the Railroad
Company e'5,000, and Osborn rc-
ard for the arrest of robbers and recovery of
property.
raUKUSi, D"ceipl<*- 9.—Several per-
TOne ditijcnsinj drugs witlioui having plmr-
mteeuticsl diplomas waov lined
Little Jboek (Art 1 Gazette: Brig. Gen. H.
Dudly S. Gregory, first Mayor of Jersey City,
He mas
a member
i 1 ? dearl; R?n Seventy-five,
f Congress in
T.altimokf., December 9.— At a meeting of
Directorsr>f the Northern CtsrUral Rnilroad
twojreuyrin W|G| EpbmiUyd but neither were
signinMW n miijbmy of theeoumnftee. Thos.
A. feoott wnv ehowen President.
( dMciAVAn Dll-w 'J.—The Time’s Vicksburg
(li nutcu* ay tuc Jght w a-4 reaunntl at rkiy-
ckA Bluff, tm miteh in -u* Uut city last even
ing bet ween several hundreil negroes anti forty
whites. Couriers was sent to Vickabtirg forre-
inforcement«, which were sent out without de
lay, and after a short skirmish, four negroes
were killed 4tnd $hre% wour*k*l, ts hereiipun
the ncMffes ^etar»ie*l. I Lint night the oegroes
drov^iti the wmfb jUckefs fof Ford Hill, find
it is said have entrenched themselves there.
They are receiving large reinforcements from
other counties. At last uccoimL they were
inarching on the city m> the Tssaqurna, driv-
ii£ tbe. wtyit*. b^iore them. They fired into
.1 furierW procession wounding one white man
The fire was returned and three negroes wen
killed
NEW YORK.
New York, Dec. 9.—In a three ball game of
billiards for *1000, between Maurice Vignanx
and Oyrille Dion, the former was winner.
Dion scored 772 i»ointe. Game MiX) points.
Kdwanl Stuart, formerly of Liverpool, but
recently of New Orleans, fought In this mar
ket, a few days ago, outride of the Colton Ex
change, some three hundred bales of cotton,
and shipped some of it to Liverpool. He sold
the bills of laden to Duncan, JSherwood Co.,
receiving bills of exchange, and luts absconded.
The bills of laden secure Duncan, Sherwood
«te Co. from loss, which unless the cotton is re
covered, will fall upon the merchants who
‘void it to Stuart. Stuart is not a member of
t he E xchange.
In the Tilton-Beochercase, n bill of particu
lars was ordered, and the trial will proceed on
.Monday next.
A largcnumber of ’longshoremen have re
sumed work, saying that suffering families
have paramount claims to the ( T nion.
New* Yobk, December 9.—The Urooklyn
Eagle sa} s that the Proctor suit is at an end.
The strategy of the proseention has proven
successful. Yesterday the delense made lor.*
mal overmre8 to tho prosecution lor a com
promise and settlement, which, after consul
tation wnh their client, the attorney* lor
Miss Proctor conciaded to entertain. The
matter came to a climax last night It was
then agreed that at the opening ot coait in
the morning, a proposition should be made
by ex-Jndge Fullerton to have the case re-of-
lered, which proposition Tracy Jt Co. should,
after some argument, agree to, and that cx-
Distnct Attorney Benj. F. Stillman should be
selected to re-offer.
It was iui thor stipulated that the confer
ence should be conducted at tho private resi
dence ot the releree, and that Mtss Proctor
oome forward and tastily that Moulton's alle
gation* as to her illicit connection wdth Rev.
U. W. Beecher was lalee; that Moulton him
self should make affidavit that he knows of bis
own knowledge notning whatever against
Miss Proctor's character; and tbat libel like
that which he gave utterance to was based
wholly upon hearsay. It wo* further stipula
ted that Moulton should make an apology to
Miss Proctor, and that he should pay all
costs incurred on both sides.
Thus far in the sui., amounting in toto to
over $5 000: that, in consideration oi the
foregoing, Miss Proctor would claim no pe
cuniary damages agRicst MmiK >d, but would
rest satisfied with ihe vindication of her
character, and that tbe referee should hmke
a sepert in com»OQfMjce with these conditions,
and thus end the great suit. These terms
were agreed to by the parties.
the invitation of the Czar to take part iu the
international law conference to be held here.
Deb lie, December 9 —The trial ot Count
You Arnim began to-day. Tbe court room
was densely crowded. Fifty persons of vari
ous nationalities were present. Judge Riecb
announced that the court had decided that
the proceedings should be public, except
tbe reading of documents relative to the ec
clesiastical policy of tbe government, which
includes papeis of the first class mention! d
in the indictment. Herr Mankle, of counsel
for defense, notified the court that he had en
tered a protest denying the competency of
this tribunal to try the cose. The prosecution
then read the indictment. It accuses the
Count of derilection in his official duty, de
scribes bis age, occupation, etc., until his re
call from Paris, and says that when Prince
Honenzollern succeeded to the embassy at
Paris, be found, alter a strict search, tbat a
large number of documents were missing
from its archives. These documents the in
dictment divides into three categories : First,
those which Count Yon Arnim confesses hav
ing abstracted, and afterwards returned ;
Second, those which the Count acknowl
edges having taken, but which, regard
ing as bis private property, ho refuses
to restore ; Third, those ot which he
professes to have no knowledge of.
The indictments proceeds to prove the official
character of all the documents, states that
they were partly communications from the
German foreign office to its representatives
abroad, and partly reports of representatives
of the foreign office. Each document, the
original draft of which is in possession of the
foreign office, i3 numbered and entered in the
official register of tbe office. Some of the docu
ments, contain additions of persons of a ccn-
fidenai nature; this official i
nowise thereby altered. Tho
Prince Bismarck are not
and collecting an extraordinary tax lor the
payment of the interest dne on certain de
scribed bonds, as well as for the payment of
said bonds issued by said city, on the ground,
that said bonds were legally and fraudulently
leaned, and that the same may be de
clared null and void. The defendant an
swered the bill, as well as other parties who
were holders of the city bonds, and who were
allowed to come in as parties who were hold
ers ot the city bonds, and who were allowed
to come in as parties defendants. The bill
did not wave discovery, but required an an
swer to be allegations made therein. On the
heariog of the application, the presiding
Judge, acting as^OhaooellOr, granted the in
junction, restraining the levying and collect
ing an extraordinary lax to nay the interest
on coupons attached to the bonds issued by
the Mayor and City Council of Rome to pay
tbe subscription for stock to the North and
South a rail road company of Georgia, and
the sixty-five bonds issued to redeem
what ia called city curreucy, nombored from
one to bixty-five, inclusive, but refuted tne
injunction to restrain tho laibing by cxtraoi-
dinary tax, moi-ey to pay tbe $5,000 bonds,
called fire bonds, and interest, and interest
coupons on the bonds called the Memphis
Branch Railroad Company’s bonds, and the
water works Itonds. Whereupon both parties
excepted. The complainants allege in their
bill, tbat the bonds were issued by the defend
ant, without authority of law, aod that the
same were irregularly and fraudulently issued
by the defendant. The defendant denies in
its answer the allegations of fraud, and sets
forth the manner and the purposes for which
the bonds were issued. The main controlling
question in this case is, whether the defend
ant had, as a municipal corporation, lawful
authority to issue tbe bonds. If it did not
have the lawful authority to do so, then the
bonds are void, and no extraordinary or other
tax, should be levied and collected to pay
| them, or the interest thereon. Bat if the
bonds are not void for the want
of lawful authority to issue them,
although the same may have been
irregularly, or fraudulently issued by the de
fendant, it is bound to pay them to tne inno
cent holders thereof, ahd, therefore, should
levy and collect the extraordinary tax for that
purpose It appears from the record tbat the
bonds are payable to bearer, and due at a
future date, have been negotiated, and are
now in the hands of different parties as the
holders thereof. It is insisted that the sixty-
five inclusive, issued to redeem the city cur
rency, were issued without authority of law,
because the defendant was not authorized to
make a contract, by issuing its bonds for that
purpose, and that tho currency which the
bonds were issued to redeem, was illegally
issued by the defendant in Violation ot the
statute law of the 8tate; that the act of tbe
General Assembly, of the 23d of August, 1872,
legalizing and making valid said bonds, could
cot ratify an illegal transaction. It appears
iroin tbe record that the currency, which
tbe bonds were issued to redeem, were cer
tificates of indebtedness of the city,
and were receivable for all public dues.
By the 13th section of the original charter of
the city of Rome, the defendant hud special
puwer to make all contracts in its corporate
capacity, which it might deem necessary for
the welfare of said city. All contracts would
necessarily include contracts under seal, and
a bond is nothing more than a contract under
seal. As to the illegality ct the cnrrrncy for
which these bonds were issued to redeem, it
will be seen by reference to the Act of 1851
uoder this general clause, and we adhere to
i his ruling ol the Court, in coustruing theoe
words of tho Constitution of 18»8, so far as it
x< gtirds the uri# of the Act The title of ike
A t under aoL.sfck-mlio*, and the amendment
ihereto, contains the worde, “and for otbtr
purpoita,” End therefore is cot void, because
it contains matter Afferent from what is cx
pretviftci in the title thereof. The Constitution
of 1868 ha* in it an additional clause that was
not ui tho old Onstitution, (to wit:) “Nor
sLall any law or ordinance pass, which refers
to more than one subject matter. ’ Does the
A St of 1870 nnd tho amendment thereto, refer
to more than one subject matter? What is
the subject matter of theongnal and amended
Act? The subscription ot stock to railroads
by tbo mayor and council of the city of Rome,
including the Memphis Branch railroad, or
any other railroad that might be projected and
had its terminus in that city, and when the
emended Act authorized tbe subscription
to the North and South railroad, that had
reference to tbe same sufject matter, (to-wit:)
to subscription to the stock of a railroad spec
ially named which ha J its terminus in the city,
as it appears from tbe act incorporating it.
The issuing bonds to pay the authorized sub
scription for stock iu the named railroads,
and providing for the payment of interest
thereon, bas reierence to the same subject
witter ot the subscription for stock in the
two railroads named, and necessarily connect-
(d therewith and germain thereto. The au
thority to the mayor and council to subscribe
for stock in the respective companies, neces
sarily implied that it was to provide the means
to pay for it; paying for the stock subscribed
was tho most important part of tbe whole
subject matter. Courts will not declare an
act ot the General Assembly unconstitution
al and void forthac reason, should bo so dis
tinct and clear as to leave no doubt upon the
mind of the court, as for iustance,
if an act to subscribe stock in
a railroad company should refer
in the holy of it, to a subscription lor
stock in a gold mining company, that would
be two distinct snrjects matter referred to iu
the same act, which the Constitution pro
hibits, bnt that is not the cise now before ns,
nor anything like it. Tho whole subject mat
ter referred to in tbe body of tbe act of 1870,
and the amendment thereto, is in relation to
the sobscription of stock by the Mayor and
Council of the city of Rome in two named
railroads having their terminus in ihat city,
and providing the means of payment there
for. If there was anything said in the opin
ion of this Court, in the case of the Board of
Poblic Education vs Barlow—49:h Georgia
Report, 232—seemingly in conflict with our
present ruling, we modify what was said in
that case, upon a more full and deliberate ex
amination of the question
On the 22d of September, 1870, the Gen
eral Assembly passed an act to aathonze tbe
Mayor and Council of the city of Rome to
issue bonds and borrow money for purposes
therein specified. By tho first section ot that
act, tho defendant was authorized in its corpo
rate capacity to negotiate a loun and torrow a
sum not exceeding $100,000, to be used in
bonding its present debt, and in building
and establishing water-works in said
city, and for other purposes mentioned
therein for the improvement of tbe city. Tbe
2d section authorized the issuing of tbe bonds
of Ihe cit}% provided for the payment thereof;
that the same should not be gold for less than
Vinety cents on the dollar, and that before said
bonds should be issued lor public improve
ments, as specified in tho act, the question
should be submitted to, and receive the sanc
tion of, the majority of tbe qualified voters of
the city. It was ooder this act, that what is
called the water workg bonds were issued by
the defendant. Tne complainants a'.legs that
these bonds were issued without complying
with the provisions of the act; tbat the ques
tion of erecting water works did Dot receive
the sanction ot tbe majority of the qqalifisd
voters ot the city; and that tbe bonds were
negotiated and sold lor lees than ninety cents
in tbe dollar. The defendant, in its acsw*
admits that a small portion ol the bonds were
1 l
A Few ■
RETRENCHMENT
— I, t$e or^sa et tp» dsy, and with many
.a. N-fflOHeexoTir,
FURTHER REDUCED THE PRICE OF OUR CLOTH
Those who wish to make * Substantial and Useful
CHRISTMAS PRESENT
We have about forty or lily
Malta, which we e(«r el |
»*t« Olty Olotlalns Store.
A. 6l S. ROSENFELD,
*8 Vv hlteli oil St.
George P. Carr; vs. Tbe National Bank of '
Augusts. Garnishment, Irom the City
Court of Augusta. ,
GRAND SALE.
TRIPPE, J.
1. A plaintiff in garnishment is not entitled
to enter n judgment against the garnishee, b«-
canse the answer was filed in vaoation, the
.same having been so filed subsequent lo tbe
term next after service ol tbe anmtnons and
retontiox te the City of Atlanta.
BALI TfftTESDiT, -3U3EMBAB ITtu. If74. COM-
MAKCiMO At II O*CLOCI. A-M.
before judgment was obtained against the X. R. FOWLER, Auctioneer.
principal debtor. j _______
2. It the answer admi s indebtedness to the ! trust fibst-class bdsisesb loth, wtth the
defendant of a certain sum, bnt seta np that -* rnnunum .bowing fh. omuw ■——
he is indebted to the garnishee m a certain : »ovsutsru o: tal.
other sum of a mueh larger amonnt, and the j (ZZ& J
plaintiff asks a judgment for the sum wo ad- ot .M.e tn s, mu so tuaobMroetoU vww. n,st i.
milted, on the ground that a claim of the taa hatst oi in.uu,. naans this proper,?
garnishee against tbe principal debtor—if not ■ w* &t>r mt.L bstatb m zruift.
due—cannot be retained under the dootrine of i Ih. o.r* i vita iu iniiot muuu4 bnlik-
set off-and it doe« not appear from tbe plead-: 'L ” *.“■ rum^., WM »
ings that it is not doe--.be plaintiff s P honld J
traverse tbe uswtr and prove tbe fact on onrehuiu, in* cuarctM and •cuoau. watar-woraa.
which he relies before he can assert an; right
to the judgment he seeks.
3. Where a garnishee discharges himself
by bis answer, he is entitltd to a judgment
sgtinst the plaintiff for the cost.
Judgment affirmed.
H. Clsy Foster, for plaintiff in error.
Frank H. Miller, J. C. U. Black, for de
fendant.
on which the 4450th section of the Code is towu voting at an election held lorthe
based, that although the defendant mipht p Ur p 0get sLaii have voted ia fivoroftne
declO tho >a
A. V. OLDFIELD,
E. R. Baker vs. S. A. Lyman. Claim from
Bartow.
TRIPE. J.
1. Though a levy on several city lots all of
which are claimed,.recites that one of the Iota,
without designating which was in the posses
sion of the defendant in execotioo.onos is not
thereby oast on the claimant, and it was not
or. or in the Court to hold that the bur
den of proof was on the plaintiff in execution,
and that ho was entitled to open and oonchxde
before the jury.
2 Letters Irom the claimants to the plain
tiff or the record of a suit and judgment in
favor of claimant against the defendant,
which tend to illustrate the issue involved,
and do in fact aid in determining it, are com
plete evidence tor the plaintiff.
3. When the interrogations of a witness
have h 'en taken on the ground of hia being
aged a id infirm, and resides in the town
where the case is tried, this Court will .be
slow to hold that the Judge who tried lbs case
committed error in requiring the presence of)
and sending for such witness iostead of per- j
mitting his interrogatories to be read; and '
particularly will this ba so, when the Court ! I^OW that cold
enquires to its satisfac ion a* to the ability of' 1.1
the witntss to come into Court and uudergo
«ad l. uhMiitg ooiwjb m\rket, bo« K nn|if abost
«0 (Mi bok;*. wan mo pie«uge of iu iLn/iv pooaltt-
Uon ot 3S.U00. is nredlj la daetlned to a hbaxd
roTVaa
Witftia l iwn ;ear« ah* u botiad to nuabvr a pop-
l*a«i 6oeo. aod tlua property wltlba-
nlMl JU of
coma if atcklSsb in taluk.
Lot Ho. 1, corner Alabama aad Pryor street#, la ho
me city, oomblDiu*. u it dee#, every i _
neae advantage, and the otter lota, only to
tnla. This property improve d. will yia d a ready aad
ims.au ae income, . tad air# pro muence aad credit to
tho builder*.
Leaa ejaid not ho well said ia of y—»fn aad
Uua splendid real relate,
lilies
ties pectec. from the city. T«
, and the remainder in one and
W# LLACE k lOfLU,
BELL 4 GOLDSMITH.
Meal Estate Agents.
T. J. harper.
SOUTHER* TELEGRAPH INSTITUTE,
FlMC Moats-i BtulBM. C.lTWMbl BuUdtar,
ATLANTA, QA.,
| XSTBCCTIOXB ,TH U
la epui te m. umto thsM who
wUh to tom; bat are atavaUe occapitd dnri.g to.
caj. ileapoasita. Tfliigtl^A Opmtec* cu an).
eompMBt lo Otaau tan
For futtsotan, eiU at ta* ufltofl or talmi,
T. J. MABPEB.
dflcie B SvpflriDtflBtUst.
CHEaP coal.
tilth*, 1 have n doced tha price at ooal aatti the
it ot Jan nary to tbe loUowing prioa and terms.
iiuuiiui iubi it Biuau luiuuu ui iuc uvuiiB weir iu i :t a ..“i SEWdHER COAL Sc. per baehel la kots of one ton
soid for loss thau ninety cents in the dollar, but | ^ examinations, acd it lurthir appear, that i fled up.wo..
o,. r-1 I tue witness is a near relative to and tbe ven- OOAf, CBEfX OOAL30J. p« btohol inlet, ofooa
d >r ol cLitntf nt, and that no it jury resulted ' to “ alMi *P*“*«*
to claimant from such ruling by the Couit 8TBI0TLY CASH.
4 Wut-n ail the property of a deb.or in this i Crdera not accompanied with the money will he
Slate, exc.pt a very suia.i portaon, ta .tea. ^ SttTA*. to. to tai. p*. «.
says the balance thereof were sold at ninety
cents: add tbat tno question of “water works” I
or “no water works” was twice submitted !
to tbe legal voters ot the city, and that!
each time, a majority ot those voting in
favor of waterworks By the constitution of
18U4, the General Assembly may permit the
corporate authorities of any towu, or city, to
tak stock iu. or contribute to, nuy railroad,
wo»k of public its proven) cut, or engage in
such work, after the qualified voters ot such
purpose,
the currency in violation ol its provision:
still, it was bound to redeem that currency.
The 4th sec ion of tb it act declares that “tbe
bills, notes, or checks, if paid away cr ten
dered in payment contrary to the provisions
of this act, shall, notwithstanding anything
contained in this act, be valid and collecta
ble the same as any other note, bill, or check,
|The question is,
whether the constitution requires tbat a ma
jority of nil the qualified voters ol a town or
city, should vote upon the question submit
ted, or whether a mjjority ol those voting at
tho election is sufficient. In our judgment
the constitution only requires a majority of
those votiug at the election, such are the
plain words ol it, and doubtless that was its
unci shall 1)8 subject to taxation at the discre- tr * u „ ltUe ., t acd meaning , otherwise, it would
tion ot the legislature. —Pamphlet Acts 18*, ^ sai j a ...
page 2G. The principle
If the defendant received the benefit ot the I
- . have said a majority ot all the qualified voters
the act is nghL ! 0 f 8UC h town or city, instead or saying af
. . . • , ot ter a majority ot the qualified voters or such
onrre-ney i-sned by, though iflsned ill-Rally, town or oity'votim; nt an olecliou held for
Uonght_to_redeenijL«o£it wue not illegal | ^ purpoM . Every liua | ilied voter in
* the city of Rome, had the privilege of voting
to make a contract for its redemption by th
defendant, in issuing its bonds for that pnr-
jtose, inasmuch as it was a contract “for tbe
welfare ol the city.” Besides, the defendant
being legally bonnd to red em that currency,
it was comp- tent lor the lleuertil Assembly,
by the Act of the 23 J oi August, 1871, to rac
ily the issuing of the bonds, it any ratification
was necessary* to bare made them valid. As
to the discrepancy as to the date of the bonds
mentioned in the title and body of that Act,
which were intended to be ratified, see tbe
decision of this conrt in a bill vs. the com-
t missiouers of Decatur. 22d Georgia rep.,
“ * 203. Jt is further insisted by tho plaintiffs i r
graph tetters of * "a JIIs»n i error, that the Memphis Branch railroad bonds
in question. Count Von Arnim kept three , . ,, ,,,
^ i ! ond the North tf d bcu*h railroad bonds, are
void, bicutiEe the Acts of the 14th of October,
journals of correspondence, sent and received
t>ut during the la*t month of his stay
in accordance with regulations of service
at Paris he secretly kept a journal with a few
entries of the namber of iudictmeuts and ar
rests; that documents which were not entered
never reached tho archives, and that ihe
greater part of the missing documents were
not entered. Then follows an enumeration of
documents cf first-class, and copies of cor
respondence of foreign officers with Count
Von Arnim, and resulted in their restoration.
The indictment refutes the idea that the
Count took these documents merely tor the
purpose of restoring them to the foreign offi
cers. The indiotnient also enumerates docu
ments of second class, among which is a
dispatch dated Not. 18th, 1872, ask ng tho
Count to explain a conversation in which, ac
cording to a private report of Gen. Monteuf-
fel, he, (Urn Count,) informed me, and v 't.
Valleina, at Nancy, that he regarded Mr.
Thier’s goveroiment as untenable.
THE CENTENNIAL.
[BY TELXQBATH TO THE HERALD. J
Philadelphia, December 9.—A number af
gentlemen, embracing many prominent Phila
delphians, have formed an organization for
the erection of a mammoth hotel in this city
for the purpose of accommodating visitors
during the centennial. One hondred persons
subscribed $500 each, thus giviug lunds to
the amount ot $500,000 to begin operations
with. The proposed hotel is to be located on
Broad street
At a meeting of the Citizens’ Suffrage Asso
ciation to-day the following resolution was
adopted :
Resolved, That we appoint a committee to
take in consideration the propriety of sending
lecturers into different parts o« the Htate, and
to circulate petitions for the purpose ot asking
the Legislature to extend by act the rights of
suffrage to wo»en.
1870. and tho first of December, 1871, author
izing tho defendant to subscribe stock there
in, were passed io violation ol that provision
ol tho constitution of lttfii, which declares,
“Nor shall auy Lw or ordinance pass, which
refers to more than one subject matter, or
contains matter different f orn what is express
ed in the title thercot.” And because a ma
jority of the whole number of voters in the
city did not vote upon the question of sub
scription or no subscription to the sleek in
the respective railroad companies. Tbe bonds
were issued by tho defendant to pay
its subscription tor stock in tho two railroad
companies herein before named. The title of
tb»i Act of tho 14th of October, 1872, is “An
Act to authorize the mayor and council of the
city of Rome to snbsc ibe not exceeding one
hundred thousand dollars of stock in the Mem
phis Branch railroad on certain conditions and
lor otuer purposes.” The first section of ihe
Act author ut** the subscription of stock in the
company, not exceeding oue hundred thous
and dollars, and to isstio the bonds of tbe city
for its subscription thereon payable annually.
The second section of the Act provides that
the mayor and oouucil shall in each and every
year, until said bonds are paid, provide by
special taxation lor the raising of a sufficient
sum ot money to meet the interest on said
bonus. The third section provides that before
said subscription is made, tbe vote of tbe citi
zens of said city shall be t keu io accordance
with the provisions of the constitution of the
Stcte, and provided a majority of said citizens
(being the qaal'fiedjvi teis thereof) do approve
ot said subscription. Tbe fourth !-ecrion of
the Act provides th »t the mayor and council
of the city of Rome may subscribe for a like
amount of stock iu auy other railroad that
may bo projected, which has its termiuns in
said city, provided tha question of subscrip
tion or no subscriptioa, be first submitted to
the c-itizons of said city and the subscription
be ap. roved by a majority of the qualified vo-
THE COLORED TROOPS.
Memphis Dec. Th« presidents of the
varionR colored societies of this city have or
ganized a socioty called the Knlgtus Brother
hood and Monumen’al Association, the ob
jects of which are set forth in a lengthy ad
dress to the colored people, published this
morning. These are to discard all ola politi-
FoaALLFtMAi.*Co*rLAtNTu nothing cqu.lH Dr. I 0A i ties, and cultivate and maintain perma-
Pletee’" Fivortte Prefcriptlon. Jt Is powerlul rest or- utu x peaoe.
MONTOOMFBY, Ala , Dec. 9.—The tegisla- J stiva ionic, also combining the most viisable nsrvino
tare by reqainite vote, agreed Uj extend the | properties, eijxciilly adapMog itto the wants of de- j
session beyoud the constitutional limit of 30 ; bniutsd ladies suffering from weak back, inward |fe- \
- -o- — — . . * , , oe ai». rovL-a uy a uinioriiv ui me qimuut u
Miss Carne Burnham was appointed dele- ter8 \ bire( , f| The foregoing Act of 1870
gale to the convention at Washington.
THE AIR-LIME RAILROAD.
days. W. W. Screws of Montgomery Adver
tiser, was elected EUUe Printer.
New Yobk, Dee. V-Decision wan rendered
day refufiffig (o make
by Jadge Dobfihue to-rh
permanent temporary it junction Against the
police commissioners to restrain them from
interfering with Max li rakosoh* Hunday ev-
ente* peilormanosa in the Grand Opera
Ithaca, N. Y., Dec. 9.—Ezra Cornell i j
dead.
StopbVr ttdoBneMOB B tor .book, “F«-
tasOB," will contain aa anthology oi tbe bn
'f'H. I ••) pot mi, which the dutinguiabod editor »p-
un nuuirj I . .. . _i>h bnet
▼er, congsetlCD, infl immation, or ulceration, or from
uervonavsMe omsBiaigic p*tu« Mr. G. W. Bejr-
n»our,.jl£JU$fcf*. of Canton, Vow lark, write* Dr.
Pierce as follows: “The f dem»nd for your Favorite
Prescription ie wonderful, aud one rnau stated to me
that his wife had not done a day's work in five months
w)teu she coicmanced taking your Favorite Prescrip-
Ion, look two battles aad la now on Ore third botde
and is abfe to do hsr house sork alono sun milk four-
teen cows twtoe a 4aj*.“ Dr. Pieroo'A Favorite Pre
•cripttoa is sold by all dealers in msdit loss.
decaisnAlwawlt
Oto. BUoed Armtttaed toth* fomth.
. to tk. -J Brio* I prove*, and will be wcoorapeoied with b>iet
toUtatokd. r °°-’ ° tBo,U>a '
Carpels, Carpets t
We are daily receiving large additions of
Carpets m new designs and at prioee to suit
the times.
d!0d2t Chaxbsrlin, Botnton A Co.
judok »u Haa,
OP ITKW YORK, APPOIHTKO
BXCUVKR.
Sanannae, Dec. 9.—In the United States Cir
cuit Ceort to-day Judge Erskine appointml J.
P. Fisher, of New York, Tteceiver of the
Richmond Air-Line Railroad.
Tile South Georgia Methodist Conference
met here to-day, Bishop Pierce presiding.
The SUte of Nebraska owns a church at
Linoolii« the oapital. The 8tate advanced
money on the ohnroh building for school pur
poses, and the debt tailing due, the property
was offered for sale. There being no offer
high enoegh to pay the debt, the shareh was
bid in in the name ot Ihe Commonwealth. It
is probably the first tnstanoe in the United
tttaies of a Htate owning a church bnildiog.
amended by the Act ol iho first of December
1871, aud ie entitled au Act lo umoud au Act
to authorize the mayor aud c uncil of tbe city
of Rome, to subscribe not exceeding ouo huu
dred thousand dollars of stock in thu Memphis
Branch railroad upon certain conditions, and
for other purposes. The first section of the
amended Act strike out the words '‘annually”
in the original Act, and inserts “semi annual
ly.'’ The second Section cf the amended Act
declares, that all provituouH and stipulations
of said umended Act aud the amendments
thereto, bo of full forro hi relation
to the subscription of the oily of Rome of one
hundred thousand dollars to the North and
South railroad. The original Act, and the
amendment thereto, are to bo construed us cue
Aot. It is contended there is nothing iu the
title of eithor of tho Acts, iu relation to the
issuing of bonds, or as to the subscription oi
stock in the North aud Honth railroad, or as
to the r&ytn«nt of interest, and for that rrasou.
tho Aets are unconstitutional and void. In
construing this clause of the constitution, (to
wit :) “Nor Khali any law or ordinance pass,
which contains matter different from what is
expressed in the title thereof," this conrt held,
in Martin vh. Broach, (fith Ga. Rep. 21,) that
where tbe title of the Act specifies some of the
objects for which the Aot wan nass'd. and
contains this general elans*, “ Ana for other
purposes," portions of the Aot not specially
indicated iu tho title, are never their** good
upon the question at the time the election was
held, or not voting, just us he pleased, and
it he did not vote when he had the opportuni
ty to do so, the presumption is ihat he was
willing to abide the decision of those who did
vote. Whut wo have said in jelation to tbe
vote ot the majority of the qualified voters of
the city voting at the eleotion, in regard to
the water-works bonds, is also applicable to
the, eleotion held as to the subscription for
stock in the Memphis Branch Railroad, and
the North and South Railroad. In our judg
ment the defendant had the le?al authority to
issue the bonds complained oi in the com
plainant's bill, and it tie same were irregular
ly issued by the defendant, or if nny ot them
were negotiated and told for le>s than ninety
ccins iu the dollar, tho delendant is bound to
pay them, and the interest thereon to the
holders thereof. Is support ot our judgment
we cite the following authorities : Knox vs,
Aspinwalt, 21st Howards Rep., 5*14; Biased
vs. the City of Jeffersonville, 24th Howard's
Rep., 20; and Mercer County vs. Wallace’s
Rep., 94; Gilspnkeva. Dubuque, 1st Wallaces
Rep., 203; Supervisors vs. Hchenck, 5th Wal
lace's Rep., 7 and 1; City of Lexington vs.
Butler, 11th Walla es Riport9, 204; Moran
ys. the Com. ot Miami County, 2d Black’s
Reports, 729. In the application
having been uiAd* in this case to a Conrt of
equity, to restrain the detendantjfrom levying
and collecting an extraordinary tax for the
payment of tbe interest due on the bonds, the
qnestion naturally presents itself, 'where were
tne complaining citizens of the city of Rome,
when the stock subscription lo the railroad
companies was made and the bonds issued by
the defendant in payment therefor? Why did
not they interfere then to restrain the defend
ant from subscribing for the stock and issuing
the bonds ot the city, if the defendant was vi-
olaTrg its duty, as they now alhgk? Why re-
rnaiQ qniet aud passive until ihe > onds had
been issued and sold and were in the bands of
iDnoceut holders thereof. In view of the
facts of this case, it may well be questioned,
whether a court of equity should not hold tbat
they are now estopped from setting up the
grouuds of complaint at this late d»y. aa
gainst the innocent holders of the bonds,
.t any rate, a Court of equity will not
lend * u very willing ear to their
complaints now. We reverse the judgment of
the court below in granting the injunction re
straining ths levying and collecting any extra
ordinary tax to pay the interest coupons at
tached to tbe bonds issued by the mayor ami
city council of Rome to pay tho subscription
for stock to the Nor h and South R iilroad
company of Georgia, and tbe sixty-five bonds
ifteutd to redeem what is called city currency,
numbered trew one to sixty-five inclusive,
and affirm the judgment of the conrt in re
fusing the injunction as to all Ihe other bonds
apocified therein.
L.«t the judgment be so entered on the min-
utca of this court.
Win. II. Hull, Hamilton Yancey, for plain
tiff in error, in th« first case.
For«yth *V Reese; 1>. 8. Printnp; Wright A*
Fi atht-ratoo, for defendants.
D. S. Printup, Wlight A Feafherston, For
syth A Reese, lor plaintiffs in error io seoond
u&ac.
W. H. Hull, Hamilton Yancey, Joel Bran
ham, lor defendants.
tj to tha io«ra t peatible point. 1 raapaciraUj aak
i lloaral ahaie of tha patroasfa of tha citiaaaa cf At.
»ata, aa I daatre to win cruxes* only bj UoaairiBf ft.
a Atm.i to •■.■iuiu
JUG F. CDWARDri.
ferred by a voluotsry convtvaoce to a rel »*ive,
it is not a sufficient reply to the issue ct fraud
made bv a creditor upon such a deed, that the
debtor has sufficient propel ty in a distant
State to discharge his indebtedut ss—espec- d. C. bnlSXAR. M.8W£sraKK. O LLEOHiKD
.ally i f the debtor wasawaiest the time ol
receiving such deed, of the debt due the a -, SKINNER. SWEETSER & CO..
tacking creditor and that payment thereof was | Prodaoars of and dealart to
oeing urged.
5. It is proper for the court to qnlifya^ WK8T ViRaihli LUitEICAllNG
the testimony may au-
re-quest to charge,
fi. The question submitted by the court to
the jury was the true one in the case, to-wit:
was the deed made to hinder and delay credi
tors and was the claimant who took under it
aware of that intention ; and we cannot say
that the verdict was not right under the evi
dence.
Judgment affirmel.
N. It. JStairsell : J. L. Moore, fer plaintiff
in error.
Juo. W. Wofford; Jno. W. Wikle, for de- 1
fendent.
1ST at! vo 3B o o lx <3 1 X.
VOAo», MABLLTfA, OHIO.
? din
0—1 Agent.
DeGlYF/S OPERA HOUSE.
THCRSPiY, DECEMBER 10.
E T. McN'abb va. YViUtaiu H and Wo. C. I DDAC 1 HERMAN
Jones Complaint, from City Court of Angus-' * • i ■ ■ * ^ BWB •
ta. ' Of Mincbeete?, IngUcd.
TRIPPE, J. | The world rraewned p*>rolar NacraaQancar and
Whatever may have been the rule previous |
to the Act of Congress requiring all drop let-1
ten to bear a postage stamp, since the pas-!
sage of said Act notice to an endoraer of a no- a ^ tnim a to ,
torial protest deposited in the poet office of J vUi b»v« three opportunities for tbe Urge and leading
the city where the endorser resides, is sufile-1 present, and may »et to DOLLARS IV GRXEff-
ient notice under eer. 2781 ot tbe new Code. I Bach . to « wwck.. ^ w Fotww « tagtato
.T.idnnien* mwnrae.l 1 FlOUt* A T Ott ®* Cflll. A IM Of rSnUntt, A PSW ItoAWI*
BEGONE. DUU CARE!
Every one baying a Barred a
Judgment reversed
iL P. Oarro*. Frank IL Miller, for plain
tiff-i in error.
No appearance for defendants.
A 1URKISH BATH.
OKntNTAT.TBir IK XTLAKTA.
i Ttc*et OIUoa open this dsy at 11» Rail, from 1 to •
I o’clock. Secure jour teckeu now. Avoid thsiusfc,
] fh ocure a front seat slid three eppor unities far tk*
1 pres nt#
. In rainy or stormy was her you wttl hen A bettor
1 opportunity tban on a piearaart day, ae fewer pars a—
1 will be present. -
| A din .••ion ccnu
Dr. Joo. Staluback Wi’sou has recently fit te 3 up
perhaps the only Turkish Bath in the South The
room# are situated on tbe corner of Wall and * oyd
btroets. TbU i* a genuine Turkish Bain, not the
med c .tod vapor bath; bat is heated air. with just
euough vapor to prevent oppreeelveaesa. The rooms
are kent free of impure air by a spien Jid system of
veutiUtore, which conatautly lets in a supply of pure
sir, Passing through the “Frigidarium,** yon enter
“Vestariam." irom which you are lei into the
'-repldariam.” Beveling in the erqnUiiely luseioas
sensations incident to bring su * Jtci• d to a purs air
heat of 120 degree*, while the swriting skin fl ora
with the imitations of warmth, you are then ushered
into the “Oalldarium ” Lounging fnt a season upon
the marble conchee in a semi onedows, dreamy i ev
er ie, you are regaled wsth a mild, though thorough,
iu ,bing and ac ubbing prceeso, while the thermom
eter denotes 140 dogrees. From this room you enter
, •Lavatorl^lnl, , • aid , xperlen e s shower bath,
ranging down from hot to cold. Then, receiving a
thorough rubbing down with tawela, you itturn to
“▼eatiaitum.” Ihts l ath is a public necessity
aud many cf our leading cit'zena already express
themselves thoroughly saMsfted w.th it, and say it
must be sustained.
Jordan Williams vs. Tbe State. Burglary from
llicbmuDd.
TRIPPE, J.
Tbe U-htnuony of tbe chief vitoew. for the
Slate, ae it appeara in tbe reeoril, leaving tbe
<luestico wholly uncertain whether the blind,
ot thu lienee charged to have been broken
lolo were closed, sues to show tbat there was
such a breaking aa ia ueciseary to constitute
litirgltry, when taken iu commotion with tbe
appati nt uncertainty of the witness ae to tbe
identity of the tccused, makes this a proper
oase, in tbe opinion of Ihe Court, tor a new
trial.
•lodgment reversed.
8. F. Webb, fpr plaintiff in error.
Jlcki * -
Davenport Jickacn, Solicitor-General, by
Jeekaon Jt Clarke, lor the State.
THEPUBLICSQUARE -
Ctol by most of the reilrcads of the Dnftod States.
Ceuada and Kurope, aul by mecheuiae on all kinds of
michknery. The sat«wt. cheaoesL end most rehabto
lubnbator In the world. Obtained the highest prixe
at the Psris Kxposttioa. 2^. TJ, 5C, and SI gravity.
OU wells St Volcano, West Virginia; Sand HSB,
»«tl Virginia; Horse Buck, West Virgu.l»; Cow Run.
West Virginia.
Tanks and shipping Station, Twin Lkft, West Vo.
Coal, a hot of Ir'nrmtare, •
sstnts to to giver
afternoon, you may *ei three
_ Rsservtd seats 15 cento
extra. If sold in the afternoon three opportanWew,
res. In the evening lor tondtog presents. Aw9 4to
WATIOWAL HOTEL.
l^iPOUTt Saving been olrcdetad ta ta. tdtet
that Mr. i. K. CWKSS baa aoU his proorietar, lata?-
est in the national Hotel, he avals hits flab ol thta
medium to inform hie pa'roae and the pnb.ic geoar*
ally that he ia still proprietor of the National Hotel
at Atlanta* Go., and totomte to remain so. Ha wettto
to meet his former customer#, and ae
many new ones as may deters to visit his bowse.
deed dtf
OFFICE OF THE
. I. COTHIH* STMf.
FAC.MY
WO. 500 MARKET tT.
32 a JUTS HAUL ST
paiuoxuaiA.
JUST RECEIVED
DIRECT FROM OUR FACTORY
Ssverol new tots of
FINE SUITS AND OVERCOATS,
FOR MEN AND ROTS.
IMPORTERS' CLOSING OCT
And are now being offered at
Th* Fortunes ofGerdemann.—Gerdemann
the Philadelphia priest who lately olosed his
thtological career rather suddenly bj levant-
ins: with considerable money in his possession,
has done what Ben Butler has not done, that
is, he has made public his plans for the IH-
tnre. Since Mr Gerdemann has not deliver- fpHlS Clothing is manutectured fre» ptore
ed the deeds of his reel rotate to the bishop. 1 A «tale ta. pta fsur w»k.. M
as was, we believe, demanded, he says he will
now take tbe properly back and that with tbe 1
laud in bis possession he will be worth a song 1
twelve thousand hollers. Furthermore Mr. j
Gerdemann states that it ia bia intention to ;
beet me a Philadelphia lawyer ! Th. re ta every I
prospect that tbie enterprising gentleman will
succeed in tbe protra.iou he bee selected.
Not only is twelve tbonaand do'tais a very
newt oapital for a lawyer to atari in upon, bnt
tbe past circumstances of Mr. Gerdemana’a
career have been such us to indioata tbat ha
possesses thosa qualities wbiob have mads tbs
expression "sharp aa a Philadelphia lawyer"
current in tbe land.
1
Qreatly Reduced Price*.
» wto <.
» ratty will
SECURE IREAT BARBAINS.
In the oaca of a man tolng struck by i’ghtniag, tha
coroner*• jury rendered a verdict ; • Ha was kiUod
by the Lord; but ihe Lard ia oil right.'*
New Advertisements.
THE CAHABA COAL
lika other oral.
1 \ONT dust np roc
A8HE8 ARE HEAVY.
It'i the nlorat, J
house*,rooms, parlors, offices, elo., ever used tothie
oily. It i* flrat clase in tvary partiontar.
8eiple A Sons
oore.r Stead aad Haatar
BUM M
ir atneta.
Q te K *
STORE. STBSOS
Central nail road.
rpKUMHXobuiaon nm> amor iraux,
AriivMflt Atlas to..
Ijfl*VM Atlanta
arrirosta Maeee—
Arrivta *t AttoDto.-