Georgia weekly telegraph and Georgia journal & messenger. (Macon, Ga.) 1869-1880, February 15, 1870, Image 6

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— — The Greorgia, Weekly Telegraph and. Journal '&d Messenger. Telegraph and Messenger. MACON, FEBRUARY 15, .870. The Central Railroad Case. As the public will feel a great interest in the action of the Supreme Court, on the purchase of the Atlantic & Gulf Kailway stock by the Central Railroad, we have copied to-day from the Atlanta Constitution the opinion of Chief Justice Brown concurring in that of Justice McCay—and also the dissentient opinion of Mr. Justice Warner. These will be found on the first page. On the last page will be found an original poem and other miscellaneous matter. Both Wrong. A press telegram, to-day, undertakes to state authoritatively from Gon. Grant that he is in censed that either of two parties from Georgia, in Washington, should represent him as taking sides with them. A New Cotton Gin. Hr. O. W. Massey submits to our inspection the model of a new cotton gin, for which he ha3 applied for a patent, as a gin equally adapted to long and short staple cotton, because it can cut the fibre of neither. The fibre of cotton, on the common siw-gin, is cut or broken by being drawn with extreme violence between the close angular ribs by the sharp teeth of the saws; by which both the saw cnts and the fibre is broken to a greater or less degree. In Mas sey’s new gin, the ribs stop just below the per iphery of the saws, while just above, so as to dear them, a steel plate slants down across the Wide range of saws, so ns to clear the cotton of the seed, as it were, against a straight edge, and give the fibre the benefit of any horizontal length of crevice it may call for. A narrow crevice tbo whole width of the saws is left, and not a fibre need be cat if the saws are correctly made. A working gin of this pattern has op erated with great success, and Mr. Massey thinks he has got an idea which will supersede all other gins. [From the Atuierson C. IT., Intelligencer.] Brinly Plow Triumphant. At the South Carolina fair, which took placo at Anderson C. H. in November, 1869, the Com mittee on the Manufacture of Wood and Iron, beg leave to report they had a large number of plows exhibited to them and they were thorough ly tested, and the result shows that the Brinly Plow, both as to time, width of furrow, slice and depth of plowing was better than any other and they thereupon recommend that the premi- nm be given to the Brinly Plow. The contest- hag plows were the Brinly and Watt plows. W. H. D. Gail Aim, Chairman. The Chairman states farther, in a letter dated February 2, 1870: The Brinly plow was drawn by two horses that had never drawn a plow before. The Watt plow was a small plow drawn by two stout mules accustomed to the plow. We made them cat six furrows each, and we found that the Brinly plow made more width and in less time, although the Watt plow was but a one horse plow and drawn by two stont mules. The Watt plow did very good work, but it was evident to mo that it was a mnch heavier draft plow than the Brinly plow. W. H. D. Gailard. Ford’s Dramatic Company. Wo received the following yesterday: Charleston, S. G., February Stb, 1870. Editors Telegraph and Messenger : It is very probable that, on the 21st of February, a first- class Shakesperian Company (now here) will, ■with a very brilliant tragedian, (Mr. Warner,) visit and appear for a week in Macon, produc ing Hamlet, Richard, Othello, Romeo, Sbylock and Macbeth. I am snre it will be an event there, and ] write to ask your kind aid in behalf of an en ierprise that will be costly as well as a compar ative novelty. With mnch respect yours, J. T. Ford. Come, and we have no doubt the lovers of the Drama in Macon will do their best to make yonr stay pleasant and profitable.—Editors. The Atlanta Intelligencer.—We have read with attention the reply of the Atlanta Intelli gencer, which, we are sorry to say, contains no serion3 effort at self-defence and exculpation. The worst we wished for that paper, was a triumphant self-vindication, and that our old friends might be able to clear themselves of all imputation save that of mere misjndgment. But we donbt, from the tenor of their article of the 10th, whether they desire to do so, and have not become indifferent to the good opinion of their old Democratic friends. Go your own way, then, Mr. Intelligencer, we are sorry for yon. Activity in Southern Railroad Matters.— The Washington Republican, of Tuesday, is of opinion that tho business of the Southern railroads is certainly on the increase. It says the following is a list of the stock which has passed through that city en route for its desti nation daring the week: 2 engines and tenders for tho Northern and Sonthem Alabama road, 1 engine and tender for the Nashville and Chattanooga, 3 passenger cars for the Macon and Brunswick, 2 cars for the M., L. and T., 1 engine and tender for tho Brunswick and Al bany, 1 engine and tender for the Selma and Gnlf, 1 engine and tender for the Mississippi Central, and 1 engine and tender for the Geor gia Air-Line. The Cause or the Mild Winter.—The pres ent winter has, so far, been tho mildest known for a quarter of a century. A writer in a Can adian newspaper acconnts for the extraordinari ly mild weather by propounding a theory which has at least the merit of originality. He says that the remarkable tidal wave that swept onr shore on the 5th of October last, and especially the low lands of the Bay of Fnndy, submerging all the marshes, dyked and nndyked, was caused by an uprising of the bed of the sea a some place not far distant, where it Is covered by the Gnlf Stream. This, in turn, he maintains has been caused by one of the many earthquakes whose effects have been so frequent in low lati tildes this antnmn. The immediate result of the upheaval was to divert a vast volume of sea water from its usual course, thns accounting for the great tidal wave. If the Gulf Stream, or a portion of it thns diverted, is found, as he thinks it will be found, to bavo become perma nently changed, and to be located nearer this continent than heretofore, then this strange and impreoedented modification of climate will be aetisfsctorily accounted for, and may, perhaps, be more or less continuous. Alpebiobioria.—The Atlanta Intelligencer prints the following as an advertisement: Atlanta, Ga., Feb, 7, 1870. T«r Vice-President Colfax, Washington, D. O.—Sm: If we elect Senators before revising tta barbarous Code of Georgia, and enacting a mixed jury and militia bill, the Republicans are defeated. A. Alpeora Bradley. Atlanta, Feb. 9, 1870. 2b President Grant, Washington, D. C.: Fleas* answer quickly, yes or no, should wa vote for Senators before repealing the black Code of Georgia ? A. Alpeoba Bradley ani5 others. Georgia Legislature: your dispatch. He oan- radieu, President has received _ not advise you—prefer* that yon nse your own diecretion. Horace Porter, Secretary. A Bf political organisation called the pro- ' i party la (eexuing otoba In Norfolk. What’s to be Done with Georgia For the past few days onr private telegrams from Washington have, to an extent, encour aged the hope that some of the most mischievi- oua designs of the destructives may be frus trated. They bad got everything arranged in Georgia to suit their ideas and purposes. By a most arbitrary and strained construction of the law, and enforcing it in the organization of the Legislature by outside bullies and the dictum of a military court, they had succeeded in purging the Legislature so as to make it as pliant, sup ple and subservient as could be desired. It is practically little more than a public registry of the private decrees of the Executive Chamber. In this condition of affairs to make all secure for the future, the Governor adjourns the Leg islator for ten days, and with his kitchen cabi net, takes the express train to Washington to secure the Congressional endorsement. So soon as he reaches the Federal city he interviews the President and reports him in full harmony with all these proceedings. He bntton-holes Sena tors, and reports no difficulty at all. The spe cials came to the New Era in Atlanta in a lovely and promising shape. All is bright and there is no darkness at all. Bnt meanwhile the dissenting wing of the Republicans, who were marked out as victims to the new political reconstruction, and are not willing to be killed, send on another delega tion to Washington, and they interview and buttonhole on their own account. They repor the President as agreeing with them; and then comes an authoritative press dispatch stating that the President takes sides with neither, and charging both parties with misrepresentation. Then comes our private telegrams telling of vexations and trials to the Bollock delegation —how they get snubbed before the Senate Judi ciary Committee—and lastly reporting a retreat of tho Governor in disgust, leaving Gibson to cover his rear. 'Then the press dispatches as sure us that Hill and Miller are in Washington, and intend to present their claims to a seat in the Senate, and contest, if others are elected. Meanwhile, the Governor is speeding his way to Georgia, in all probability to gain sneh ad vantage as may enure from prompt action by his Legislature. He adjourned them in a spirit of ostentations reverence to the decrees of Con gress. It would not do to travel a step beyond passing the amendment nntil ho had got the su preme endorsement and command to “go on.” Bnt the moment any donbt of that endorsement arose, he probably determined to go on any how and be represented in Washington at once by contestants for the Senate elected by his purged and reconstructed agency. To-morrow the agency meets, and to-morrow the destruc tives nominate their Senatorial candidates, and will probably elect them with all speed. Upon the decision of Congress rests the whole qnestion of the ability of the destructives to carry out their personal schemes. They aim for complete control of the State for two years from next November; for, by a logic we are un able to comprehend, they assert and argue that if this is established as the first legal organiza tion of the Legislature, the members and all State officers hold over for the foil term beyond the day assigned by the State Constitution for the second general election ; and thus, with a full executive, legislative and official corps purged to the point of complete subserviency to the schemes of Gov. Bollock & Company, and two years and six months ahead to rnn, one of the most lively prospects will be opened that ever was conceived, by a crowd bent on doing themselves important service. It is perhaps too much to expect that Congress will do anything to interfere with this enchanting project. Another Proof of “Democracy.' The following dispatch appears in the Atlanta Intelligencer of Thursday. It was sent by H. C. Corson, a Yankee carpet-bagger, at present plundering the treasury of Georgia as one of Bullock’s secretaries. The public will see in it another proof of the intense Democracy of the Intelligencer. WeJ should think the proprietor of that paper was not only in the last ditch, bnt at the very bottom of it, of the fight he has been making in the character of a better Democrat than nine-tenths of the respectable men and journals of Georgia. The Good Book tells us there is a time for all.things. We submit the time has come for tho Intelligencer to throw off the last rag of its disguise, end stand forth in its true colors: Special Dispatch to the Atlanta Intelligencer.j Washington, February 9.—Tho Bryant com mittee were before tho Judiciary Committee to day. The time was limited to ono hour, and was all consumed by Bryant and Caldwell in a long-winded repetition of the old song of objec. tion to the*Legislatnro. Bryant denounced Gen. Terry as having violated the laws of Congress. The committee require Bryant and Caldwell to iresent their views printed, and will meet on I Saturday to hear any rejoinder that may be made. Tho Republican members of Congress are united, and expect the Legislature to elect two Republican Senators next Tuesday. H. C, C. The History we are Making. Prom the Nashville Union and American.] The Boston Advertiser closes a congratulatory editorial on the ratification of the Fifteenth Amendment with tho following paragraph: “Thns one after another of the old questions is passing away, and there will soon be nothing left of them bnt tbo history, and the world's wonder at the absorbing part they played in their day and generation.” If it is true that history is made for the warn ing as well as the edification of mankind, it is possible that onr contribution to the annals of the world will do something more than excite the “wonder” of posterity in the sense which the Advertiser seeks to convey. Wonder there will be, donbtless, bnt npt the wonder which gives birth to admiration or applause. Look- : ng back over the decade jnst ended, says the St. Louis Republican, wo see that “the old questions” have indeed been settled, for the most part, in a manner which has done more harm to the canse of free government than though they had remained unadjusted forhatf a century. In destroying slavery and secession we have violated the most sacred principles of the Con stitution, overturned those barriers which once sheltered the people from the advances of nn- scrnpnlous authority, and ignored those prece dents which wisdom and patriotism had estab lished for onr guidance. We have plncked up two weeds that grew in tho political garden and planted in their stead a hundred others in finitely more dangerous and deadly. The na tional strnctnre was deficient, perhaps, in some particulars, and because it was so we have torn it down, uprooted the very foundations of the edifice, and now, snrronnded by rains, are powerless to rebuild. The world may “won der,” but it wonders at onr supreme folly, onr fanatical madness. The action of the Legisla ture of Georgia, which the Advertiser declares completes the ratification of the fifteenth amendment, is a perfect and characteristic illus tration of the kind of history we are making, and how we have made it. To secure that action on the part of Georgia, we have broken onr solemn pledges, repudiated onr plighted word, stripped a sovereign State of every right, and consigned her to the tender mercies of military power. Distinctions of Color. — The Bridgeport (Connecticut) Farmer says: Not a great while ago, we published what that abolitionist, Parker Pillsbury, said about negro legislation in South Carolina. Bad as the story was he did not tell a tithe of the revolting trutii. For the last fiscal year the negro carpet-bag City Council imposed upon poverty stricken Charleston a tax of $635,000. And yet of that enormous tax the idle negroes, and theiving car pet-baggers who eomposed the City Council, al together pay less then one hundred dollars. And yet no niunnnr of complaint comes from the patient anB enduring citizens of Charleston! Prince Arthur was careful to see that the >ress correspondents had tickets to the ball in Washington, even when Senators failed to pro cure them for lady friends. Tbe Central Railroad et. al. vs. Steph en Collins et. al. Bill for Injunction from Bibb. We published Thursday morning the opinion of Mr. Justice McCay in this case, affirming the decision of Jndge Cole. Below will be found the opinion of Chief Justice Brown, concurring in the opinion, and of Mr. Justice Warner,dissenting from Jndge McCay’s opinion. We qnote from the Constitution: Beown, C. J., Concurring.—For the purpose of laying, building and making a railroad com munication from the city of Savannah to the interior of the State, a company was incorpo rated by the name and style of the Central Railroad and Banking Company of Georgia, with power to have, purchase, receive, possess, enjoy, and retain to them and their sncces3ors, lands, rents, tenements, hereditaments, goods, chattels and effects, of whatever kind, nature or quality the same may be, and the same to sell, grant, demise, alien or dispose of. The exclusive right to construct, keep up and nse a railroad between the city of Savannah and the city of Macon, together with banking privileges, is granted to said company. Bnt this exclusive right and the banking privileges are only given for twenty-five years, “to be computed from the time fixed by this act, for the completion of this act—the act of HthDecember, 1835: Provided, nevertheless, that the Central Railroad and Banking Company of Georgia shall, after the lapse of said twenty-five years, be and remain incorporated and vested, as to their oicn tcorks, with all the estates, rights, powers and privi leges by this act granted and seenred. Eight years is allowed by this act for the building and completion of the road. It follows, therefore, that the exclusive right to keep np a railroad between the two cities and the banking privi leges expired on the 14th day of December, 186S, after which time the company remains incorporate, with the privileges and rights granted by the charter as to their own works only, and has no power to purchase or hold real or personal estate beyond what is necessary to keep np and maintain and successfully work a railroad between said cities, and, as provided in another part of the charter, to purchase and hold snch real estate as shall have been bona fide mortgaged to it as security, or conveyed to it in satisfaction of debts previously contracted in the course of its dealings, or purchased at sales upon judgments which shall have been obtained for such debts. The Southwestern Railroad Company is char tered “for the purpose of constructing a rail road connection between the city of Macon and the navigablo waters of the Gulf of Mexico and it is declared that “they shall confine their efforts and enterprise to the building” of this road. I hold that, under these charters, neither tho Central Railroad and Ranking Company, nor the Southwestern Railroad Company, has power to purchase stock in any other railroad com pany ; and as snch purchase is beyond the power of either company and endangers its charter, any stockholder of either company has the right to file his bill in chancery to restrain and enjoin any snch purchase at any time before it has been fully consummated by tbe transfer of the stock to the company, and the payment of the consideration therefor, as against any vendor having actual notice of tho provisions of the company. < And in this case, I hold that the city of Savan nab, which was an original corporator in the Central Railroad and Canal Company, had act ual notice of the provisions of the charters of each of the companies, and of the limits im posed by their charters upon their right to pur chase. The amended charter of the Central Railroad and Banking Company, section 3, provides that books of subscription to the stock of said com pany shall again be opened at snch time and places as shall bo appointed by the Corporation of Savannah, and shall remain open at each place for tho space of two days; giving at least thirty days notice in the gazettes of Savannah, Macon and Milledgevillo. It appears, therefore, that tho corporation of Savannah was the agent appointed by the State to organize this compa ny by opening the books of subscription for its capital stock. And it also appears that by the reports before ns, as a part of the papers in this case, that His Honor, the Mayor of the city, was a stockholder in tho company to a large amount at the time of tho sale in qnestion. I think it fair, therefore, to say that the city is chargable with actual notice of the provisions of this char ter, and of tho limitations which existed upon its powers to make this pnrehase. The city is also chargable with like Botice in the case of the Southwestern Railroad Compa ny, as she was a Stockholder in that Company, and one share of its stock is included in the sale. Indeed, I understand it to be a general principle of law, that a railroad company, with, ont express authority given by the Legislature, to make the pnrehase, cannot purchase stock in another railroad company. Angel and Ames on Corp. 392. Redfieldvol. 1, page 143, note. 12 Beavan 339. A corporation is not permitted to apply the funds of tho company to objects other than those distinctly defined by its charter, or by act of the Legislature, no matter bow bene ficial the misapplication might be to the Com pany or to individual Stockholders. 3 Eng. L. & E. Reps. 150; 16 do. 182. 73 Eng. Com. L. 73. The same principle is fully recognized and confirmed in the American cases. See 3 Woodbury A Minot 106, 24 Cown. 162 and 21 How. Reps. 442. In tbe latter case the Supreme Court of tbo United States unanimously held, that: When two separate corporations were created to make railroads, they had no right to nnite and con duct their bnsiness under one management; nor had they a right to establish a steamboat line to rnn in connection with the railroads. And that notes given for tbe pnrehase of the steamboat cannot be recovered upon. This authority of tho highest judicial tribunal in this country is in point. H the railroad company has the power, without express authority conferred in its char ter, or by statute, to purchase a single share of the capital stock of another railroad company, it has tbe like power to purchase all the shares of tho capital stock of the other company, and take complete control of, and manage the affairs of the company whose stock it has purchased in connection with its own; which power is ex pressly denied by this decision of the Supreme Court. I take it to bo a well established principle in this court that the statutes made in favor of corporations or particnlar persons in derogation of common right are to be construed strictly; and care should be taken not to extend them beyond their express words, or their clear im port 7 Ga., 321. In this case Warner, J., de livering the opinion of the court, says: A cor poration is an artificial thing, invisible, intan gible, and existing only in contemplation of law. Being the mere creature of law, it possesses only those properties which the charter of its creation confers upon it, either expressly, or as incidental to its very existence. In 5 Ga. 571, my learned associate lays down the same rale ably and forcibly. In 8 Ga., 30, Judge Lnmpkin lays down the rule that care should be taken not to extend snch statutes beyond their express words or their clear imports. In Cth Ga., 221, Nesbit, Judge, says: Grants of exclusive privileges to a corporation or an individual are to be strictly construed. Tbo grantee takes nothing by implication, and tbe role baa been settled to extend thns far, to-witj: That any ambiguity in the terms of a contract between an individual or corporation and tho public, in which exclusive privileges are grant ed, must operate in favor of the pnblio and againBt the individual or the corporation. I might extend quotations from the rulings of this court of like import, bnt I deem it unne cessary. It will not be denied that the charter of the Central Railroad and Banking Company is a contract between the corporation and the pnb- lie. And the authorities above quoted settle the question that it can take nothing bylimpli- cation ; that care should be taken not to extend its powers beyond their express words or their dear import: and that it has only snch powers as the charter of its creation confers upon it, either expressly, or as incidental to its very ex istence. I refer only to the charter of the Cen tral Railroad and Banking Company, because it is admitted on all sides that its charter is more favorable to the plaintiffs in error than the charter of the Southwestern Railroad Company. If the power to purchase does not exist in the first named oompany, their oase most fail. Now, it does seem to me that this cose, viewed in the light of these well defined anthorities, is not even doubtful. The powers given to this company are expressly declared by its charter to be for the purpose of laying, building and making a railroad connection from the city of Savannah, to the interior of the 8tato, and of maintaining the same. And since the banking powers and the exclusive right to have a rail road between Savannah and Msoon have ex pired by their own limitation, this is the only purpose of the charter. Its whole scope and extent, as it now exists, is to maintain and sne- oesafnllj- work the railroad between said cities,; and all the powers conferred by tbe charter are to be construed striotly in reference to this ob ject. ’ The company remains “incorporate and vested, as to their own works," with the powers specified in the charter, except as above stated, and vested with those powers as to their own works only. , By the act of 1852, the Centm railroad is au thorized to lease all railroads running in connec tion with it, or that may hereafter so inn. And it was contended by the able counsel for the plaintiffs in error that thiB confers upon the Central road the power to lease the Atlantic and Gnlf road, as a connection between them is au thorized by the act of 1861. And it is insisted that by this act the pnblio policy of the State is declared in favor of the control of of the Atlantio and Gnlf road by the Central. Or at any rate, that since the passage of the act of 1861, snch control is not in violation of the pnblio policy of the State. There are two replies to this. The first is, that this record does not'show that any such connection has in fact been made, and it is not a fact, it would seem, of which the court can take judicial notice. The second is, that the act of 1861 is not in force. That act is entitled “an act to authorize the connection of the rail road of the Savannah, Albany and Gnlf Rail road Company, with the railroad of the Central Railroad and Banking Company of Georgia, by a track running through or around the city of Savannah.” The preamble is in these words : "Whereas, There exists an absolute military necessity at this time to connect the aforesaid roads. The body of the act then authorizes the connection. Here nothing is left to inference. The State was conducting war against tho gov ernment of the United States, and it is declared on the face of the act, what is the object and only object of the connection. It was to meet an absolute military necessity which existed at that time. The 11th article of the Constitution of this State, ratified in 1868, adopts all acts passed by any legislative body sitting in this State, as snch, since 19th of January, 1861, including Irwin’s Code, etc., except so mnch of said sev eral statutes, Code and laws, as may bo incon sistent with the supreme law herein recognized, or may have been passed in aid of the late re bellion against the United States, or may be ob solete, or may refer to persons held in slavery, which excepted laws are inoperative and void. Argument is unnecessary. This act is not adopted. On the contrary, the Constitution de clares it to be inoperative and void. There is, therefore, no act in force authorizing a connec tion between said roads, or between the Central Road and the Atlantio and Gulf Road, with which I believe the'Savannah, Albany and Gnlf has been consolidated. | Again, I insist if the connection were legally authorized, that it does not come within the true intent or meaning of the act of 1852, au thorizing the Central Road to lease all roads running ig connection with that Road. The Atlantio and Gnlf Road does not ran in connec tion with the Central, in the sense of this act. On tho contrary, it runs in opposition to it, as a competitor for the freights and travel of a large section of countiy; and runs in a different di rection, and through an entirely different part of the State. If the act of 1852 can be fairly construed to embrace the Atlantic and Galf Road whenever a track is authorized to be laid be tween the two Roads, it embraces every other railroad in Georgia, as they all connect in that sense, and the Central Road has power to lease every other road in the State, so soon as it has the means; and it can, by a sufficient increase of faro and freights, in sections where it has de stroyed competion, soon possess itself of the necessary amount of funds. Snch conld not have been the intention of the Legislature in the passage of this act. It follows that there is no pnblio policy of the State recognizing the right or power of the Central Road to lease, or otherwise control tho Atlantio and Gulf Road. But on tho contrary the public policy of this State, as clearly shown by its legislation, is to encourage fair and jnst competition between the different railroad companies of the State, and to discourage monopolies. The fact that the State granted a charter to the Atlantio and Gnlf Road, and subscribed to its capital stock, thereby aiding in its construction, shows that it was the policy of the State to open a thorough fare across the Southern part of her territory for the benefit of the people of that and the Southwestern section; and for tho encourage ment of fair and just competition with the roads already in existence, thereby securing to her people the transportation of their freights on jnst and reasonable terms. t This pnblio policy of the State is violated by the purchase by the Central and Southwestern Railroad Companies of snch quantity of the stock of the Atlantic and Gnlf road as will en able them, by the aid of other stockholders in their interest, to control that road, and destroy that just competition which the legislation of the State and her subscription to tho stock of tbe Atlantio and Gnlf road was intended to se cure and perpetuate for the benefit of her peo ple occupying a largo extent of her territory, who would otherwise be left at the mercy of an overshadowing coiporation, possessing the pow er to load them with unjust burdens to accumu late a large reserved fund beyond just and liberal dividends to its stockholders, to bo used in extending its control by other like purchases, and making more complete its dominion over the government and people of the State. The State of Georgia haring been made a party to this bill, and having appeared as such, has the gight, as was insisted by her able and eloquent counsel, Judge Locbrane; to object to the consummation of this pnrehase by the two railroad companies—plaintiffs in error— which has been attempted in violation of both, her pnblio policy, and their charter. It was urged with great zeal by connssl for plaintiffs in error, that a ruling against the right of these companies to make this p irehase, would be prodnetive of great mischief, as they have endorsed the bonds of other railroad companies to a large amount, to aid in the construction of lines to run in connection with them; and that snch a ruling as we now make would render the endorsement void. Were that even so, it is no sufficient reason why wo should not faithfully administer the law os we find it. Bnt snch is not my* understanding. Those railroad bonds aro usually payable to bearer, transferable on delivery like a promiso- ry note, and are due at come distant day in the futnro. They are, therefore presumed to bo given for a valuable consideration. And it is presumed, till the contrary is shown, that every corporation, as well as evory natural person, discharges its legal duties, and confines itself within the scope of its legitimate powers. I am of opinion that a bona fide purchaser of a bond issned and end: rsed as aforesaid, wonld have a legal right to compel tho corporation by which it is endorsed to pay tho coupons as they be came dne, and the face of the bonds at maturity. The corporation wonld not be allowed in this way to take advantage of its own wrong, to the injury of a bona fide purchaser, who took the bond without actual notice of tbo fact, that the corporation transcended its authority. In tbe case in 21st Howard, when tho consolidated compantes were held not to be liable for the notes given for tho steamboat purchased by them in violation of their charters, it appears in the statement of the case that the assignee of the note, who brought the snit, took them with a notice. I am equally well satisfied that any stock holder of the company wonld have a right to file his bill to enjoin tbe endorsement of the bonds of another company, when not authorized by the charter, or that the State, after the un authorized endorsement is made, might proceed to forfeit the charter on account of its violation by the company. But it the stockholder acqui esces in the action of the company, till the bonds have been endorsed by the officers of the company, by authority of the Board of Direc tors, and have gone into circulation, and are in the hands of bona fide holders without actual notice, he will not then be heard, and the com pany will be estopped from denying the legality of its own act, and will be held liable. In conclusion, I will remark that the powers and liabilities of a corporation are fixed by its charter. Code, section 1,680. A corporation can only pnrehase ani hold snch property, real or personal, as is “necessary to the purpose of its organization,” and it can only do snch acts as are necessary for the legitimate exeention of this purpose. Code, section 1,678. And a cor poration forfeits its charter by a wilful violation of any of the essential conditions on whioh it is granted. Code, section 1,684. In my opinion the purchase, whioh is the sub ject matter of this investigation, is not within the legitimate scope of the powers conferred upon these corporations, and is not necessary to the purpose of their organization. And as the city of Savannah had actual notice of the extent of their powers, under their respective charters, the purchase being illegal and in vio^ la tion of their charters, she has no right to in sist npon its consummation. When the stock of a coiporation iB taken, there is an implied contract between the corpo ration and each stockholder, that the corpora tion will not violate its oharter, and for any act done by the corporation in violation of the charter, the stockholder jna j call it' to account _ ^ jAyl6T| 1 13 Eng. cond. chu reports, 131; 2 R. & M., 470; 4 John ch. 573; 1 Eng. railway cases, 153, 154. And equity will interfere by injunction to re strain the violation of a oharter, whether the violation is by misapplication of the funds of the corporation, or the exercise of nngranted powers. Bedford’s railway oaseST92 and notea; ibid, 474, 475 and notes; 1 L. Reg., 154; Edw. on Inj., 338-9. I am, therefore, of the opinion that the judgment of the court below, refusing to dissolve the injunction, is right, and ought to be affirmed. Warner, J., dissenting.—When a bill was filed by certain named stockholders in the Southwestern Railroad Company, and as'stock- holders in the Central Railroad and Banking Company, and as stockholders in the Atlantic and Gnlf Railroad Company, who sued in their own right as snch stockholders and as citizens of the State of Georgia, and as citizens of Ma con, in behalf of the citizens of the State, and in behalf of the citizens of Macom, praying an injunction to restrain the sale of twelve thous and three hundred and eighty-three shares of the capital stock of the Atlantio and Gnlf Rail road Company, owned and held by the city of Savannah, in the Southwestern and Central Railroad Companies: Held, That individual stockholders in said companies have the right to sue ip a Court of equity, in behalf of themselves as snch stockholders, for an alleged violation of the charters of their respective companies; bnt have not the right to sne as citizens in behalf of the people oi the State, or in behalf of the city of Macon, and that when the State is a stockholder in a railroad corporation, and is made a party to the snit, she occupies the same position as any other private stockholder, as to her rights and privileges in that snit. When, by the amended charter of the Central Railroad and Banking Company, it is declared that the said company, by its corporate name, “shall be and are hereby made capable and able in law to have, pnrehase, receive, possess, en joy and retain to them and their successors, lands, rents, tenements, hereditaments, goods, chattels and effects, of whatsoever kind, nature or quality the same may be, and the same to sell, grant, demise, alien, or dispose of: Provided, that said incorporation shall not purchase and hold more real estate than may be necessary and proper, for the pur pose of laying, building, and sustaining said railroad, etc.: Held, that under the plenary power granted by the charter of the Central Railroad and Banking Company, to pnrehase goods, chattels, and effects, of whatsoever kind, nature, or quality the same may be, that said company had the legal capacity to pnrehase from the city of Savannah, the shares of stock in the road mentioned, and enjoy the same; the city of Savannah being the legal owner thereof, at the time of snch pnrehase and sale; and al though the Southwestern Railroad Company, one of the joint purchasers of the stock, may not have had the legal capacity under its char ter to make snch purchase ; still, as the Central Railroad and Banking Company did have the legal capacity under its charter to make snch pnrehase, the sale of the stock was a legal and valid sale: Held further, that if the stock so purchased was purchased for the purpose of controlling the Atlantic and Gnlf Railroad as charged in complainant’s bill (which is positively denied by the defendant's answer) still it is diffi cult to perceive in what manner that pnrehase wonld contravene the general policy of the State, in view of the previous legislation there of in regard to the Central Railroad and Bank ing Company. By an act passed in 1852, that company is specially authorized to lease and work, for snch time and on snch terms as may be agreed on by the parties interested, the Augusta and Waynesboro’ Railroad, the Milledgeville and Gordon Railroad, the Eaton- ton Branch Railroad, the Southwestern Rail road, and snch other roads as may connect, or may hereafter connect, with the Central Rail road, and to collect, by snit or otherwise, the fares of travel and the charges of transporta tion on railroads so leased. The second section of that act gives power and authority to the Board of Directors of the general railroad com panies whioh now connect, or may hereafter connect with the Central Railroad, to lease tbe same to the latter company. By an act passed in 1861, the Central Railroad and Banking Com pany are authorized to connect that road with the Gulf Railroad, and therefore, under the authori ty granted by the act of 1852, might lease tbe same and obtain control of the road in that way, which clearly demonstrates that it was not the policy of tho State (as manifested by the two acts last mentioned) to prevent or to prohibit the Central Railroad and Banking Company from having the control of the respective rail roads which then connected with that road, or thereafter mignt connect with it, on snch terms as might be agreed on by the parties intrusted in snch connecting railroads. The pnrehase of tho shares of stock, mentioned in the record, by the Central Railroad from the City of Sa vannah, in the Atlantio and Gulf Railroad, (tho same being less than a majority of tho stock,) would not enable the Central Railroad to con trol the Atlantio and Gnlf road near as effectu ally as if it had leased it: and yet, it is not against the declared policy of the State for the Central Railroad to exercise control over the Atlantio and Gnlf Railroad by leasing, and working it and collecting tbe fares of travel and the charges of transportation thereon, but is entirely consistent therewith. After a careful examination of the entire record in this case, I have not been able to discover the injury which the complaining stockholders have sustained, or aro likely to sustain, in consequence of the purchase of the stock in the Atlantic and Gnlf Railroad by the Central Railroad and Banking Company from the City of Savannah; they have no right to complain in behalf of any other per sons, either natural or artificial; their complaint must bo confined to themselves as stockholders in tho company, and to such other stockholders thereof, as may choose to come in and be made parties as such stockholders,and to no other per sons, Considering their complaint, as stock holders in tho particnlar roads named, as alleg ed and set forth in the bill, and the answer of the defendants thereto, lam of the opinion that the injunction restraining the sale of the stock by the city of Savannah to the Central Railroad and Banking Company, should havo been dis solved by the court below, on the grounds that this last named company had the legal capacity to pnrehase the stock under its charter, and that the city of Savannah had the legal right as well as the legal capacity to sell the same. Lyon, DeGrafenried & Irwin, Jackson, Law- ton & Bassenger, Hartridge & Chisolm, Harden A Levy, Johnson A Montgomery, Locbrane, for plaintiffs in Error. Whittle & Gnstin, Nesbitt A Jackson, R. Toombs, for defendants. Tlio State Agricultural Society. The State Agricultural Society met at the City Hall yesterday morning. The following gentlemen were in attendance: Hon. B. C. Yancey, President; Hon. David W. Lewis, Secretary*; Wm. Hazlehuret, Treas urer. Vice-Presidents—Jndge Wm. Schley, B. T. Locket, J. A. h Lee, Col. H. D. Capers, CoL Joel A. Billups, David Barrow, Rev. O. W. Howard. Dr. Chappel, J. B. Buobanan, Gen. A. H. Colquitt, Col. James Fannin, Geo. S. Obear, E. Steadman, L. F. Livingstone, Dr. James T. Hamilton, John A. Montgomery, E. E. Rawson and John H. Fitten. The morning session was mainly devoted to investigations concerning the late State Fair. A committee was appointed, consisting of Messrs. C. W. Howard, W. Schley and Geo. S. Obear, to confer with the City Council in regard to grounds for the next State Fair. Before ad journment this committee made a report, which was very favorable, thongh not entirely explicit. At four o’clock the City Council provided con veyances, and took the whole Executive Com mittee ont to examine the Fair Ground. The party returned jnst before dark, all highly pleas ed with the result of the investigation. At seven o’elook the Committee again met at the City Hall, bnt the report of its deliberations will have to be deferred until another issne. Atlanta Era, lit A Supreme Court Proceedings. Atlanta, Thursday, February 10, 1870. ' Argument in No. 10, Flint Circuit, White vs. Lee, complaint and new trial from Newton, was resumed and concluded. Jndge John J. Floyd for plaintiff in error, and Jndge D. F. Ham mond for defendant in error. No. 13, Flint Circuit, Camp, Trustee, vs. Baker, scire facias to revive a dormant judg ment, from Newton, was argued for plaintiff & error by A. B. Simms, Esq., and for defendant in error by W. W. Clark, Esq. No. 14, Flint Circuit, Weaver vs. Ogletree, et aL, Executors, Assumpsit from Newton, was argued for plaintiff in error by Colonel W. W. Clark, and for defendants in error by Messrs. A. B. Simms and John J. Floyd. Pending argument in No. 16, Flint Circuit, the court udjoumed. ‘ 1 ‘ A Brace of Thrives Caught—Heavy Haul by the Police.—We notioed briefly in yesterday morn ing’s paper, tho stealing of a pair of mnles, a wagon and two bales of cotton, from Mr. L R. Bason, on Tuesday night last, and expressed the opinion that the thieves had taken more bulk than they oould successfully conceal for any length of time. And sure enough, bnt rather sooner than we expected, the theives have been canght and the stolen pro perty recovered. It was in this way: After Mr. Bason had notified the police officers of the theft, Lieutenant Poster, Avant and Hurley were dispatched out on the Houston road in the afternoon to look for the rascals, and in stirring about on Bassett's Hill, they found the mnles and wagon and captured one of the thieves, who owned np and told where the cotton was. On repairing to the place designated—an old empty house of Dr. Thomson in sandy bottom—the officers found the two bags of cotton and the other thief, who had cat the brands off one of tho bags to prevent iden tification. So this little affair came to grief within twenty-four hours after it originated, and thieves, mnles, wagon and cotton were all safely deposited yesterday at the guardhouse. The thieves are ne groes and named respectively, Mack Childs and Wash. Davis. They will have a preliminary exami nation to-day. But the foregoing is only the half of the result of the raid of the three spirited and enterprising po licemen above named. While in search of tho stolen cotton, they struck the trail of another thief who had been driving a lively business for some time past, as the various articles enumerated below will show. The thief was beseiged in an old honae in sandy bottom, to which there was a front and a back door, with windows at the side. So, while offi cer Foster held the cotton thief that had jnst been captured, Avant and Hurley took their positions at the doors of the building—the ono at the front and the other at the back door, and demanded a sur render of tho black rascal inside. Seeing that he wob in close quarters and determined to got out of them at any risk, he seized his pistol and leaped through ono of the windows and broke for the woods. He was no sooner ont than officer Hurley fired one Bhot at him, and as ho ran by Avant that officer took four shots—firing as he followed after the rascal. It is not known whether he was hit or not, for he succeeded in making his escape with nothing on bnt his shirt and drawers. This occurred about 8 or 9 o’clock Wednesday night. After re turning from tho chase the house was entered and the following property recovered, which had evident ly been stolen: Two overcoats, four dress coats, two vests, three pair pants, one lady’s fine marino skirt, one fine white flannel child’s dress, ono pair gaiter shoes No, 10b, two linnen table cloths, one counterpane, one bed quilt, one shirt and pillow case, a lot of new pot ware, a case of carpenter’s tools, a lot of new crockery and glass ware, two carving knives, and ono small, handsomely bound bible, from which all manuscript on the fly leaves, the family record and other writing had been tom out or effaced, all amounting in value to some three or four hundred dollars. The goods are all in store at the guard house. The officers engaged in the foregoing affair are ontitled to much credit for the skill, energy and success with which they managed it. Wo are sure Mr. Bason thinks so, for they certainly did him a great favor and saved him from quite a heavy loss. Receipts of Guano at Macon.—We learn from a clerk in the Central Railroad office, that up to this time no less than eight million pounds of guano have been received and delivered into the hands of dealers and consumers at Macon since the 15th day of last November. Eight million pounds more have passed over the road to other railways and gone into the country—generally to Southwestern Georgia. This total amount of sixteen million pounds does not, of course, include that of local manufacture and that coming from other points. Tho receipts are now averaging 200,000 pounds per day, which will continue without diminution nntil the 15th of March, after which it will more or less fall off. There aro now 500 car loads at Savannah to come forward, all of which has already found a market, or at least has a prospect of ready sale as fast as received. The receipts are nearly, if not quite, double what they were last season. The manufacturers of these commercial manures will find difficulty in supplying tho demand. The standard qualities—those known from years of actual test—will fall short. Here is food for reflection! Tho revolution in tho system of planting cotton in Georgia is complete. A firm conviction now prevails in the minds of ninety- nine out of every hundred planters who make in vestments in guanos, that it will pay an enormous per cent.—not only in a large increase of crops, bnt also in the additional value it gives to worn out or greatly exhausted lands. In a judicious nse of the best fer tilizers, the planter not only preserves the quality of his soil, hut vastly increases Us prodnetive ca pacity. And this is what is now wanted. Let the planters of the South once deafly satisfy themselves that ono acre of land, by proper cultivation and fer tilization, can bo made to produce as mnch as three or five acres cultivated on the old system, and they will not be long in making the change. That it can be done is no longer a question of donbt, but nearly every planter will have to test this matter by expe rience and whenever he does so the new system will hav6 another convert. Connell Proceeding*. REGULAR MEETING. , Council Chamber, February 8,1870 i" Present—His Honor, the Mayor; Aldermen Crod ett, Ross, Grier, Westcott and Lightfoot. * Absent—Aldermen Hattie and Sparks. The minutes of the lost meeting were read »v confirmed. ** Clerk of Market reported fees to date, §14.75 BILLS PASSED. H. J. Peter (2), §19.70, §40.90; O. P. F^, §87.00; J. H. Anderson A Son, §320.54; p j Wright,§9.00;ClisbyABeid, §160.60: W. s!Cl’ M i 1 §185.00; J. W. Bq(ke A Co., §5.62; B. A. Wi«e Co., §100.65; A. O. Bacon, §10.50; J.W.Blom 90c.; Bacon A Simmons, §100.00; B. C. Wm §36.00; J. M. Boardman, §3.00* " The following report and annual balance of ti Clerk and Treasurer was read and adopted, and < dered spread npon the minutes: REPORT Of THE CLSBX AND TREASURER FOR THE y or J QUARTER, ENDING DEC. 22, 1869. 1 Mayor and Aldermen City of Macon, in a-youi Current with Chas. J. Williamson, Treasurer — ~ M y«5 To Milledgeville and Warrenton R. if. Co'~ ywj ■ To Macon and Augusta Railroad Bonds, r (formerly known as Milledgeville and Warrenton) — soodw To Gas StocE, received dividend ?...., ; 5 To Wood S S | To Incidental....- 2 | To Annuity Bonds .. Z To Gas Bill, Scrip, amount issued to sundry persons.. - - —- j 5 ^ gjjji 1S69. Dec. 22. To balance to new account™.. $i,e f To balance from last report....... To City Pound To Market To Railroad Connections To City Lots - To Fin ; To Tax To Insurance Tax., To Tax on Sales, To License To Bills Payable., By City Pound..— — _...§ 5 By Salary 1,5 5 By Fire Department — _ 5 • 1 By City Tax - j I By Rose Hill —..... . J 1 I By New Change Bills, old issue, burned by Finance Committee - By New Change BUls, 1867, burned by Fi nance Committee l,lg I By Bond, paid Macon and B. R R. bonds.... 5( ti By Wood ,jj By Interest, paid coupons, interest on notei, etc —— —. 11, !jj j By Street — 2, ! By Hospital 2. >| By Charity.. J ill' By Police ... — —. 7, "i ‘ By Incidental — — 1. is , By Gas Bill Scrip, paid sundry persons 213 By Market ———— . — By Guard-house— — _ lit By Macon Free School — — i 6C By Public Property — 13 ' By Discount on City Lots — 19 1 By Tax Remitted - Us ' By New Kngine-house —- 2 13 By Stock Maeon and Augusta R. R. Co™ for merly known as Milledgeville and War renton — - 50.1 I By Gas Lights — L I By City Lota— : • Cosh and Cash Items to balance.— It Z siw il Macon, Ga., Feb. 5. li 1 f This is to certify that we, the Finance Commi *1 have examined the above report of the tlerkii | Treasurer for the Fourth Quarter, ending Dect: 9 ; 22. I860, and find the same correct, and acoomra d [ with the proper vouchers. W.T. Lightfoot,) Wm. H. Ross. >-Finance Comma! Geo. B. Turpin. GENERAL BALANCE, DSC. 22, 1369. 1863. Dee. 21. 1 , To Balance from 1863...—...— — Slflj 11 To Fine — 2.6a 5 ■ To Tax— m if To License —...... — 19.651 L To Tax on Sales.———.— 22.01; To City Lots.. 16.fi' : To Gas Stock, received dividend - 6ti i| To Street Encroachments— 16 To Public Property —— MB To Insurance Tax — — 2,61 , To Railroad Connections........—— 5,00 To Dogs ft To Collateral Security —— - - lO.fttl To Macon tnd Angusta R R. Ronds, lormer- I ly known a3 Milledgeville and Warrenton. 59.6C1II By Stock Macon and Brunswick R. R.Co 156.6a. 1 By Sto:k Macun and Angusta R. R.C>„ (formerly known as Milledgeville and Warrenton)— - - — To New City Bonds, 1867 3.9*J To Annuity Bonds... ——— 19 Wl| To Gas Bill Scrip ’to. 8370.992) 1869. Dec. 22. To balance bronght down By Bridie—....— - —3 EJ® By New Caange Bills, old issue, burned.—. lip By Charity... - - By Interest.................— 31.3“* By Incidental By Street .....— dU 1 ~lf Solti 2619" Z.35S , ri.922 i 1 13121 A Wretched Young Man.—By a nice little piece of strategy we got the following yesterday: An ardent, handsome and dashing young man, of this city, epent three days and nights of tho past week in filling up four pages of perfumed foolscap with his gushing affections for a certain beautifnl young lady in an adjoining county, and closed the elo quent document with tho following passionate in terrogation : “Shall I lire and love, or despair and die ?” Promptly, by return mail, ho received the follow ing brief reply: “km afraid yon will havo to dio. Bespoctfnlly," etc. Tho young man has since been looking like Dick Yates does every morning when he enters the U. S. Senate—“as if he had been fighting Tom cats over night and got tho worst of it.” Sunday School Work.—Wo noticed a day or two since tho meeting held in the First Baptist Church lecture room, to consult about promoting the Sab bath School canse in Macon, and we chronicled the election of officers, etc. Tho meeting appointed a Businesss Committee consisting of Bev. S. Boykin, Rev. J. Blakely Smith and Mr. Link to consult and prepare business for the next session of the Insti tute. That committee, we learn, met yesterday, and after consultation, advised the adoption of the name “Macon Sunday School Teachers Institute,” theobjectof which is to promote the Sabbath School cause in Macon to greater usefulness and efficiency, increase the zeal, activity and information of teach ers and encourage a higher degree of culture and training in the schools. Tho members, it is pro posed, shall consist of all tha pastors, Sabbath School teachers and officers in the city. The meet ings to occur monthly and consist of interesting lectures, essays, model lessons, blackboard exer cises and discussions, interspersed withsinging. We think this sort of normal school for our Sabbath School teachers will be exceedingly advantageous to the Sabbath School cause, and will increase the intereet and enthusiasm of teachers and scholars. We, therefore, hail the enterprise as an omen for good in this community. The first lecture, abont a month hence, is appoint ed to be delivered by Bev. E. Warren, on the aub- j^it of “Apathy in Sunday Schools: its cause and cure,” to be followed by a general disenssion of tho subject.' Bibb Superior Court.—All the forenoon of yes terday was occupied by this Court in taking the tes timony in the case of the widow^Dabord. against the Southwestern railroad, for damages to the amount of §20,000. It will be remembered that her hnaband was killed on the road abont two years ago, and hence her suit for damages. After taking the evi dence in the’ case, the Court adjourned till 10 o’clock Monday morning. “Handwriting of God.”—Onr citizens may. do a good deed by pnrchashlng a oopy of this extraordi nary work. Mr. Boykin is selling it to raise money with which to pay for a stove and an organ for the Second Baptist Church. Believing, as we firmly do, that churches and gospel preaching add to the pros perity, good order and good name of e city, we heartilv recommend the citizens to aid enterprises in furtherance of religion and morality. This work is highly recommended by all the pastors of onr city, end is certainly ^orth the price asked for it. Mr. Boykin is canvassing the city as agent for the work, and the oommiaeion gets aids Ms cbuiOh. '" By Fire Department By Guard-house Bj Gis Lights. — — — By New Change Bills, 1867, burned—— By Pumps — ——. By Macon Free School By Discount on City Lots — By Rose Hill— —— By City Pound—. — ——• By Near Engine-house By CStySex”'—————— By Interest on Bonds, 1867 —...——..... By Interest on Bonds endorsed by railroads. By Interest on Annuity Bonds— By Bills Payable —- By Stock Macon and Augusta It. R. Co.,form- crly known as Milledgoville and Warren- , By Macon and Brunswick Railroad Bonds.. By Collins a: Hardy Bonds By Bills Receivable - — By Stock r-avannah, Griffin and North Ala- I bama Railroad Company..... — W-’iJij] By Discount on Stock Macon and Brunswick Railroad Company I860. Dec. 22. By Cash 75 n Sif 1,5T« 156 § 5611 24 2.9547] 6560 MO.CM?! 1.693 i I 8370.® il Macon, February 5,1S71 j This is to certify that we bavo cxamino! the »M| balanco for the yean 1869, ending Dec. 22, 18--. 13 j find the same corre<4. IV. T. Lightfoot,) „ ... Wm. H. Ross, VFinancoCommittes. • Geo. B. Turpin. ) ? Tbe Committee on Street Encroachments re?23 in fgfo? of granting Mrs. Jane Rogers an enc: neat of eight feet on Hawthorne sheet. AdopU- BILLS REFERRED. , National Bank Note Company, Waxelbaum k 1 Grier A Masterson, J. H. Zeilin & Co., Carhs.':- J Curd, W. jl. Mansfield, Smith, Westcott & Co^l P. Finney, B. A. Wise. ! A communication from Messrs. Cliaby & B* | was received and referred to the Finance C®i| mittoo. Tho Sexton of Rose Hill and Oak Kidge Ce» Kf 1 lies reported interments for the month of JacaCjL as follows: White adults 3; children 11; 14—five of whom were non-residents, adults S; children 4; total 12. Petition of J. M. Boardman, President of Gas Light Company, for an extension of their* fronting on Sixth street, was referred to Comffl^ on Street Encroachments. Communication of J. M. Boardman, President * Macon Gas Light Company, in regard to obtaimcs*' additional supply of waterfrom that which flows the base of what is known as “Balaton’s Hill,” nsf and adjacent to the Reservoir of the Macon Factory, for the mutual benefit of the City and ( Company, was referred to Committee on Fire I paitment. Report of Sturgeon of Hospital was read. Petition of J. J. Gresham & others, asking fo*‘‘J sewer to be built through the alley commencing the property of Mr. Gresham, on Cotton Avew'l nearly opposite Engine-house No. 2, through arid alley and across Second sL to the» between the First Baptist Church and J. W. A Co.’s book store, was referred to Commit Streets. i On motion, the settlement of the Mayor and ij nance Committee made with Gen. Croxton was 11 proved by tbe Council. On motion of Alderman Bose, the Mayor j quested to appoint a Committeo of three to i and report to Council the best disposition made of the Armory property. Aldermen ” Lightfoot and Crockett were appointed, andon® tion, the Mayor was added to said Committee- On motion Council adjourned, to meet thi* two weeks at 7 m. riTAH- J. WILLIAMSON, & G j Horrid.—A dispateh of the 10th, to the villa Banner, dated at Springfield, T< Bays : At abont five o’clock this evening, onr wan thrown into great excitement, the accidental shooting and killing of H. Bibb, by her cousin, Thomas Hoeki a lad of about fourteen. The boy is now ing maniac. He ran np tbe street fro® spot, screaming and tearing bis clothe* his nereon. This la the most shocking c renoe that has ever happened in onr tons* Ter World quotes cadetships to West from the Booth at two to four thousand » and rising. Demand is improving. osvs»\ Rra*