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Telegraph and Messenger.
MACON, MABCH 221870.
To be Territorialized-
It oeenis that the niggers and carpet-baggers
•boat Washington have so nearly rained that
city, and beggared the tar-payers, that such
pronounced friends and brethren as Bureau
Howard, and others of that stripe, are kicking
up at it. They have been working at a plan to
get rid of the robbers for some time, and seem
to prefer territorialization as the best remedy.'
In that event, the President would appoint all
Savannah Republican on Principle. 1 Tit* Georgia Pres*.
The Savannah Republican defends his course The Amerious Courier says Mr. J ohnson, of
on the Bingham amendment in a grand flour- Smithville, had his barn and seven bales of eot-
ish about his own paramount devotion to P rin- ton, besides fodder, etc., burned Friday night,
ciple, as contrasted with the degrading laxity | Seven otocr balea ; of cotton yere .badly dam-
on this score of the Senior Editor of the Ma
con Telegraph and 3Iessenger-; He says
“ resistance to tyranny in any ibnn is not in
our vocabularybut it is in hit, thank God;
aged. Supposed to have been the work of an
incendiary.
E. H. Platt, a meat dealer of Amerious, died
Sunday morning.
Two hundred and twenty acres of land, with
and he struts in half a column of plumage, of seyera j brick anc' frame houses thereon, part of
the powder mill property lately belonging to
the Confederate States, were sold at Augusta,
Wednesday, for $3,100.
Tom Alexander, a Columbus Fifteenth Amend-
which we have no desire to deprive him, ex
cept in so far as it may be essential to a little
practical common sense.
' Resist tyranny ? Is it ‘ ‘resistance to tyran-
the officers, and as he couldn’t well make worse I n y” t 0 defeat the Bingham amendment, and I m »nt, cut Zack Coleman, ditto, very badly in
selections than the negroes have made, the tnrnn3a ll over to the mercies of a Bullock re- the back and arms, Wednesday,
prospect of a chango for the better is fair, at I g enc yf or years to come? How can a sensible The Sun says: *
least—provided, of course, some of the “ring’ I man go wrong-headed as to come to such a Death of Feed. W. Robinson.—This highly
don’t raise a purse and make him a present, and □pjjjLfo,. ^ jw too, upon a point of such esteemed gentleman died in this city yesterday
Mm. in which event . , , , , afternoon, of consumption. For two or three
„ . ’ < ^ n f e 3 . v- • 1 V1 tol importance to the people 1 . years since the war (duriDg which he was in ao-
All sound political principle is, of- course, tive service) he was proprietor of a laTge boot
ors than their first. | -p, v.t1l An and shoe store in Columbus, and did a large
The Washington Republican, of Tuesday, states outraged by Butler s bill, with or without th- bnsinea8 _ jq health forced him to retire to
that on Monday the Chairman of the House amendment—but we cannot help its passage, Florida, whence he returned a short time ago.
Committee on Territories, reported back the and, “ the merest instinct of self-defence, we His sge was in the neighborhood of thirty years.
biU providing for a territorial form of govern- ask that it shall not be extended in its dis- Samuel K.' Head, for many years pressman
ment for the District of Columbia, and on his franchising operation years to cornel But of the .Morning News, died at Savannah on
motion the bill was referred to the Committee the Republican can’t ask that—principle for- Wednesday. •
on the District of Columbia. . I bids it! Is that principle? or is it, rather, J - H. Graybill, of Savannah, cleared the
We wish Howard and his friends much luck, an irrational caprice, which the Republican I British ship Braemar, forLiverpool, on Wednes-
though it does seem to us a clear case of Acteon would scout at in every Other concern of prac- day > 2 > i07 bales upland cotton, weighing
devoured by his own hounds. Howard and his tical life ? 1,125,744 pounds, valued at $249,770 14, and 73
fellow Radicals turned over the Southern people He says “we cannot too earnestly warn the I b ft l e8 of Ma island cotton, weighing 22, lot
to be eaten up by these creatures, and now Southern people against such advisefs” as the valued at $7,875 90. Total weight,
they themselveB are about to be Tended.— TKr.EnnAPTT act Messenger I and certainly j 1*148,232, valued at;;2.)i,Go4 14.. ? • .
Who shall say ibis is not a case where the mill | we nee( } n ot advise people of common sense ■ eor 8 ia Baptist tate onvenlion meets
against the folly which would omit any reason
able effort to secure the better alternative in
this case, when one of the two must come.
of the gods has ground exceedingly fine ?
A houiNvllle Game or Bluff.
We learn from the Louisville Journal, of the
ICth, that the “Commissioners of the Louis-
at Newnan, the 22d of April next.
The Savannah Republican says:
Ayeby, the Culminatcr.—This individual left
our city for Atlanta Monday morning, not stop-
The TELEGRAPH, in all this course of Con- ping to witness the effect of his vile slander
held a meeting in that city, on the 15th, read a of Of compromised principle. We are Demo- our citizens, Northern as well as Southern, were
good many letters, and resolved “that the city I crats—in favor of a strict construction of the loud and universal. We heard no apology for
e — ... - . u I the cold blooded inventor of falsehood. A nnm-
of Louisville should forthwith assure towards Constitution; but that fact should never pre- ^ Northern men now sojourning in the city
the construction of said road two million dol-1 vent us from choosmg the best inevitable telegraphed contradictions of his statements to
lars. I alternative under all circumstances. We hold I Washington, and by this time members of Cou-
That is a poor substitute for the ten millions I that, whether as a citizen or member of a S re83 &re fully advised of his characterand the
actually snbscnbed by .Cincinnati. What is legislature, or a poliUcian.it is the sacred The following is a copy of a dispatch sent to
worse, the Trunk Road will be of little value to | duty of every man, where events cannot be I several members of the House and Senate by a
Kentucky. It will straighten the route via the controlled in the right direction, to shape them ! li S U / .respectable Norths* gentleman who is
„d AMI. »d Nashville and I £0 as Kstllt in fl, e , tasl JaSharm.
Chattanooga Roads, but it will afford very little ^his jg jjj e Jesson of reason and common I To Hon. Wjl B. Allison, M. C., Washington,
more outlet to Kentucky produce. sense. This is the policy which cveiy right- °; v f . . , T .
On the other band, the Cincinnati Southern - , , ,,The dispatch signed W. L. Avery, dated Sa-
road, penetrating through the heart of Eastern mi , nded “ an ad ° P * “ f * he Tchh0US ***> March 13, is not correct, and is a libel
7T. f* . . and is commended alike by reason and duty, on the people of Georgia. I write you.
Tosiandihidlh, aiilted dighily, and Ieljour JW ‘
interest should have been able to cajole the house burn because it has been fired and ought Frosts, freezes, and floods is tlm weather
interest should have neen a Die to cajole the . , - . .. report from up about Athens. The Watchman
Kentucky Legislature into refusing the Cmcin- "* *® hav ° ™ W says they destroyed such garden vegetables as
nati road right of way through that State, was I [ oU F- Somebody may hereafter make up your I ere ab ovo'ground and all the fruit blooms
certainly a very wonderful achievement, bnt it losses, or build you a new one, on account of whicll had opene(L So mucll of the fruit was
was one of those triumphs which do more harm the injustice you have suffered; but they will not fnl , y open ^ w0 have reason to hope tllere
than good. LouisviUe will be whipped at last, be more likely to redress your grievances if be ail abun dant supply yet, if no further
after sho has thoroughly provoked Eastern I you have acted like a man, and tried to put disaster overtakes it.
Kentucky by her narrow-minded selfishness. j tim fire out or diminish damage. | We quote the following items from the Con
»r».« .1 1" ...... i.jv. Wc in Georgia would have done much bet- stitutionalist:
Tlic Mieplicrd Among Ills Floclr. nn der reconstruction if wo bad tried to PoET EoTAl1 EimnoAD —We learn that the
The Charleston News, of Wednesday, says: j un e. reconstruction it we bad tned t0 con tract for building the passenger and freight
_ __ ter under reconstruction if wo had tried to
This reverend scoundrel made a speech in jbest of a bad bargain, instead of rc- I cars for the Port Royal Railroad was made to-
Sumter on Saturday last, in the Emanuel j lying upon redress that might como with a day with the Dawson Manufacturing Company,
Church, the County Commissioners having re-I political revolution. The enemy had us down Ga *
fused to let him speak in the court house. About Notwithstanding the great delay m the grad-
one hundred persona assembled. He said he under them outadettle Constitution, and they i ng Q f the road bed, occasioned by the continu-
regretted, but was not ashamed of having sold have been steadily pummeling us outside the ons wet weather and high wuters for the past
the cadetship, as the money for it had been used Constitution, and the attempt at self-defence two months > tna work is being built with solid
to build school houses for the colored peoole. 1 u v u* n ,, . bank and avoiding trestle work when it can be
Ho asked to be sent back for the unexpired h°Mmg a p Constitutional law as our tEgis, done, making a safe and permanent road,
term, and was answered by cries of “Yes, yes, I much like quotmg American law before a I We understand from Mr. Geo. D. Chapman,
yes. ” He stated that he had received many in- Turkish Cadi. It may be sound law, but it is wko is building this road, that 58*miles, ex-
snlls and one K. K. K. letter, stating: “Do you I . . ■- . .. tending from Yemasseo (.the junction of the
remember Randolph ?” “Sumter has token your ^ orce ‘ ^berc is no practical question I Charleston and Savannah Railroad) to Steel
insolence as long as she stand it.” “A ln ^-bis case bnt the Butler bill, with or with- I creek, will be completed and in running order
"** - ' out the Bingham amendment, and the only by the 15th May next, the iron for the entire
practical part of “resistance to tyranny” here !?rnufa b c e tjrrfd 6 . hipped 5”“ **“ ^
is to get the Bingham amendment if we cau. I The 35 miles extending from Steel creek to
We shall certainly yield nothing to the Re- city of Augusta is rapidly approaching corn-
publican in a steady devotion to sound roliti- p ' e ,^ on 2 “ d the ticu ^ r J or the superstructure
erat to contest bin seat be’ll oof in too Vol i - -i , . , . . .. ... of the bridge across the Savannah River is be-
* S j • I cal principle 5 but he is not peculiar 111 bis I iug prepared. The progress and energy dis-
self-felicitations about principle. The Radi-1 played in the pushing of the work on this road
cals can beat him a long ways, swell as he may, I S ives ® 8 evar y a^urance that the entire line
.... . , . , , . . , from Angasta to Port Royal will be completed
m their vaunts about devotion to principle. I and opened for travel by the time promised by
They, too, have a “high moral principle” in-1 the builder (September next),
volved in all their rascality, just*as he has in A 0011 ®* 1 -—A- ^ ata l accident occurred on
7 • . .. 7.... , , , , Monday afternoon, withm a few miles of Thom-
his impracticability and wrong-headedness. gonj Columbia county, in which Mrs. Bridgett
A man, if he pleases, can dignify with the j Sullivan, of this city, met with a horrid death,
pretence or phantom of a principle, anything, Mr f- Sullivan, accompanied by a female friend,
. • c , • - . .. c, I took passage on the morning tram of the Geor-
e\ento tneparin 0 of hio finger nails. Some gj a Kailroad, for the purpose of purchasing
men cut their beards on principle, and Sam. some cows, in the neighborhood of Usry's ARIL
Weller tells of a man who gorged himself to When they arrived at Thomson, Mrs. Sullivan
doath with muffins <,„ principle. The enl,
question worthy of inquiry is the soundness of | the wagon wheel ran into a considerable hole
the principle; and what sort of a moral or po- in t b® roat} > 8 ivin g the vehicle such a sudden
lieied principle is that which should decline t.
/inninn nfnntnni* ntAimil hnr-n T<nflns-'n Tv.11 mfl, I at t t_ ii j i l it. •
word to the wise," &o.
Under cover of this Ku-KIux cry, we suppose
Bro. Whittemoro “calculates” upon slipping
back into Congress to sell something else. If
ho will take Kiblack’s advice and get a Demo-
matter how infamous a man may be by nature and
practice, loi him but get the Ku-Klnx after him
a la boss slanderer Avery, and have a Democrat
to oppose him, and he’s safe to win a scat in
Congress or anywhere else he wants to go. Let
Parson Whittemoro take Niblack’s advice by all
means.
Our Gleucoe.
Wherever the English language is spoken,
the massacre of Glencoe has an infamous noto
riety. It was plannod by thei Master of Stair
long beforehand, carried out in the dead of
winter, and spared neither woman nor child.
From the day when it reddened the Highlands,
to the hoar when the'Lientenant-General of the
Army of the United States fell on thePiegan
village, it has stood as an isolated monument of
cowardly rnnrder in the annals of the English
tongue. Russia, wo have said, may be found
to knout her noble ladies; Austria has the stain
of Haynan; France bears the record of St.
Amaud’s deed at Shelas; but as for us, “wo
that have free souls, it touches us not.” This
vaunting has been brought to an end. The
bratal ferocity of Lieutenant-General. Philip
Sheridan has put the bioodoof. ninety slain
women and fifty babes upon our escutcheon, and
forced us to stand forth to-day to the world as
the exhibitor of the champion assassin of two
centuries. The Master of Stair didsomething for'
that base eminence; that dastardly,villain; the.
Reverend Colonel Chivington, also compe
ted; but the prize of butchery remains with
the General wo have named. The particulars
of his murder we do not care to here rehearse;
they are not needed to picture forth the bloody
scene. The bare figures do that, and sufficient
ly bring before m nigh a hundred women—sick
women, weary with small pox ; gravid women,
heavy with child, women with young babes—
awakened suddenly out of slumber to the grim
realities of death ; fleeing before the troopers’
horses, shrieking, their long hair flying in the
wind ; falling beneath Sheridan’s sabre and dy
ing beneath Sheridan’s shot. Little children
—fifty little children—dropping in the tracks
of their mothers, and murdered, oven as
of old other little children were murdered by
Herod, the King.
This is our Glencoe. Lieutenant General
Sheridan is our Mast er of Stair. He waits, like
his old world exemplar, till the dead .winter; he
‘steals,” in his own word, on the hapless vil
lage ; deep snows encompass it withont; small
pox is raging within; all but tho old men are
hunting, and sleep is on every eye. Then he
strikes, “strikes hard”—hard enough to cut the
throats of ninety women and of fifty children
under twelve. This thing he calls a victory
he defends it; he procures a threat at that offi
cer who, with the natural horror of a Christian
gentleman, gives the true reading; and then he
declares, with a bravado for tho whole country,
that if he cannot be sustained he must be moved
to another place. Where shall we put him ?
Shall it be in front of a courtmartial, as one
who has brought a shame on American honor,
and then, when the verdict is rendered, break
before his eyes the sword that is red with wo
man's blood ?— World.
Decision* of the (Supreme Do art of
Delivered at Atlanta, March 15, 1870.
John Ardie, Trustee, plaintiff in error, vb.
J. J. Printup, administrator, et. al, defend
ants in, error." From Gordon. Equity, etc.
BROWN, C. J.—1. Ante liuptiat contraots
in consideration of marriage to be solemnized,
like wills, should be liberally construed to car
ry into effect the intention of the parties.
2. The rules of grammatical construction
usually govern, but to effectuate the intention
they may be disregarded and conjunctions
snbstituted for each other. ,
3. An express trust may depend for its op
eration upon a future event, and is then a
oontingqByBQghBki £hr yt racr --‘ Tf p|-»Td
this case.the intended wife, with fhp'
consent of the future husband, conveyed Tier
property to a trustee for the 'jointuse and
maintenance of both husband and wife, for
Und during theirjoint^livcsj-'the property to
be under the control and management of the
husband, but not to be in any manner liable
of the husband's survivorship, there being
issue, to remain under his management during
his life, then to vest in and become the prop
erty of the child or children., of the wife, the
W. J. Hood, adminutrator. va. P.ii.w. T
(tend. Complaint From Town*. A **i|
.puxchafMt giving hi* notaa for tbe baiano* doe,
at on* two, three and four year* after date i to
aeoure the payment of which. D executed to N
a mortgage on real estate. In November, 1885,
that mortgage was foreclosed for tin sum of
$5,000.00 principal, and $2,685.26 interest At
the May term of the'Court, 1869, the defendant
appeared in Court and made a motion to have
said judgment of foreclosure opened and a new
trial had, on the ground that the defendant within the provisions of the Ordinance of
was unavoidably absent from the Court at the I aQ d that the Court below erred in net
) plaint __
Washes, J.—When a note was exao,,, i
toe 8th of July, 18(!1, and a suit wa*“^f *
thereon. *®“-l
Held : That it wan a Confederate
fendant in toe sum of $3,000.00, besides inter- 1 the Court as contained in the recordTi?~** ,, <l
-7 7.. tIm f»/.7o nf «... > “*
the facts of the case, was error.
Judgment reversed.
Fain, H. P. Bell for plaintiff in i
W. T. Crane for defendant * 1 *^!
G. W. Houser vs. W. T. Evans.
| relief. From Catoosa.
Award i
Washes, J.—When the parties submit^ ^
tam matters in oontrovers*
tain matters in controversy between tbenTi *
bitration, and the arbitrators m&do Bn .
against one of the parties for the — “ .
Duller Explains life* Georgia Bill—Bui.
lock's iti-rc-consiructed Supreme Court
— ~ ‘ ;ie.
Why IxClaml Conhided Gco.WiIkcs.
From Wilkes’ paper, the New York Spirit of
the Times, of March 12tb, we learn the cause of
that righteous cowhidiDg ho received, Wednes
day, from Major Leland, and which we com
mented npon yestorday. It is confined in the
following extract from an editorial in toe paper
of that date:
| _«fiat la bnt too true that Major Wm. W. Le- x.^. ^ iuuuu
land would recollect anything that be might be I decide whether we will have Butler’s bill with I toVwheelsrthe hind wheefof the wagon'passiDg
w do » fo ^ a . five fl° Ua 5 note. He, Ma- or without Bingham’s amendment, when it is across her head, crushing her skull in a horrid
»Vut. it, L6i&udj is & notorious swindler &nd I e% * n , « • • • , j niflnner and scattering her bruins noon tlio
Eoouodrel, whose infamy is as common as toe a fixed fact that we must have it in one shape groundj causing instant death. Her remains
not bebelieved, on oath, by wiy | or tne other. j were brought to tho city yestorday morning,
juiy in New York, and addingbeastly cowardice tiIT „ M I and are to be sent to Charleston for burial,
and bratishnesa to his dishonesty, is disconnte- Cntfer tne Pay of Bullock. Damage Sdits Against the Cm.—We learn
nanced even by his own brothers for his fre- Tho article in the Washington Chronicle of I that several suits for damages will probably bo
quentcrue! beatings andkickingsof a wife who, | 12tbj containingFomey’seditorialfbunded I kron .? ht a g a »ast the city in consequence of the
in addition to being adorned with every woman
ly virtue, has borne him several children.”
., „ , . , - | flooding of the farms and premises of a number
upon the lorged and lubricated extract from | 0 f oitizens, last Sunday morning, by the raising
• Pretty Hot.
Tho telegrams have told ns of an amendmen
to the Georgia bill offered in toe Senate, on
Tnesday, by that Radical qnacker, Drake, of
Missouri. It will bo seen that it is pretty hot*
We suggest that toe President make Drake a
the Telegraph and Messenger of the 10th, I of toe flood-gates near Urquhart’s Mill, topre-
feems to have thrown the advocates of the ventaportion of the city on and adjacent to
x,. , , x-x r - i-l Fenwick street from being submerged by the
Bingham amendment into confusion, and in bac t f rom tb e c^ai. The damages will,
order to counteract the impression it had made, I we understand, be laid at some thousands of
Bryant and John Bowles come out in Wash- < do ^ ars -
The Constitntion prints the following lettor.
Rice most be getting back the money he paid
for the Era, pretty fast:
Dalton, March 14th, 1880.
Editor Constitution : Yon onght to' see what
a mad set of fellows are scattered all along the
railroad. Last Thursday and Friday they were
paid off, and in part payment each one received
a scrip as follows:
“$5. Half subscription for the Era.
Two of the fellows cursed a little and were
turned off. Yours, etc.
The Rome Commercial says Captain Dunlap
I ington on the 12th, with a pamphlet of which
Major General and put him in command of the 1 frar pages have been sent ns, (we know not
troops sent to Georgia on this errand: j whether there were any more). In this pam-
Mr. Drake offered an amendment, providing I phlet Bryant and Bowles set up the defence
that whenever any Legislature pf toe late rebel “that the Macon TELEGRAPH was, andstillis,
S^StSSSSS£SSl.1SrS£. XV Bullock.”
in for the perpetration of acts of violence Withalltheirknowledgeoftheartsandin-
against persons and property, or to obstruct the trigues of Forney and Bullock, Bryant and
laws of the Federal or State Government, and • .t.. x.j
it is unable to suppress such violence or ob- Bo , wIe . s > 14 B f m3 > falIed , to conceive the had
aixuction, it shall be too duty of the President audacity which should absolutely manvfac- _
teoopafqrthsaiibjpga- t ure & quotation from “the Democratic journal 18MV oftfattplaoe, was ^rri^iast"Tuesday
tho arrival of such troops in tlmdistrict in which ha™gthe largest circulation in the State,” to Miss Mary Jones, of Mississippi,
these organizations exist, martial law shall be I for the purpose of creating a sensation in the I The Constitution announces tho arrival at
declared, & levy made upon the inhabitants to Senate, tinder force of which the Bingham Chattanooga of one thousand dozen eggs. The
^th^XVbVsXFs^u^ntoetoh^Wtoite! amendment might be defeated before the fraud Tennessee hens are evidently preparing for the
. should be discovered. All, therefore, that oc- advent of Uncle Sam’s soldiers into that State.
Pleasant. enrred to them to say, or set up in defence) Another run-off on Blodgett’s railroad Taes-
Tko Missouri Republican says “it is was that the TELEGRAPH AND MESSENGER <^7 night,
pleasant to notice Batler standing forward in was “ un ^ er pay 0 f Bullock,” and un-1 1110 Constitution publishes the following:
defence of BaUock, and announcing that H der a pretended friendliness for the Bingham
any amendment tending to 1 ame ndment, sought to stab it to death, by rep-
treasury." morels, though^« resenting ifc “ the Poetical defeat of the whole
“Bbdnswick, Ga., March 15, 1870.
“Passed the fifty mile-post with our track at
10 o'clock this a. m. E. Hulbebt.”
The above dispatch has been received by pri
vate parties here. It announces the completion
of the fifty miles of the Brunswick and Albany
reconstruction policy of Congress, and so ar-
wonder would be if Butler did not help iii« j raying every Republican vote in the Senate I Railroad within the time specified for securing
brotber-in-lnst for other people's plunder. ] against it. further State aid.
The Telegraph and Messenger is too ^ We8T ~ THE Tabiff. —The New York
| well known to the people of Georgia to require | Times, Radical, savs:
“One Western member of Congress, whose
JParticnlars or 'Verger’s Escape.
Special to Ue Cincinnati Commercial.']
Jackson, Miss., March 12.—Verger made his es-1 any notice at our hands of a charge so false and
cape from the city jaii this morning, at early day- jg-j;-- 7f its character for fairness inde- majority at the last election was over six tnon
break. by clunoing the board fenoo which surround* ... ’ . sand, remarked a day or two since, that unless
to* prison yard. The first two nights after being pendence and devotion to the best interests of tb e tariff was revised and relief piven to tho
handed over to the civil authorities, Yerger was con- I ft,. .f n ,, , , tne tarm was revisea ana renei given to tne
fined in one of the oells of the iron cages. Since tbe People 01 Georgia is not thoroughly estab- people by such action, he did not believe a Be-
- ■ • • •’ ... pnbb
then he has had more comforUblo quarters in a | liahed in these many years, we shall not at- I pablican candidate could carry his district next
room withont fa* ten ing on either window or door, x.__ f t ‘ - „i fall. There are others who do not hesitate to
and given free access u> the yard by day and night. tem P‘ W Vindicate it from such nff-raff calum- predict ^ Io88 tbe R epubUcang of lhe next
A lHUo before five o’clock this morning he sent the I ny. In thirty years connection with thCpress, I House of Representatives unless action is taken
0311 837 tbi8 ^y,contcien-o^ the tariff question,’’etc. V |
of d the - tl0USlj :’ that We ne J er ^. en * Ifoeat The Income TAX._The Journal of Commerce
K Z^hrjalisr e^volvcr wAh him War Wlth ° Ur ° Wn h ° nest “fiction of truth
, on his escape. at the time or suggested by bribery.t! Gov.
Hni^BuckTand abruptly cnteiiDgThe'bed^nwm of ® u ^ oc ^> fo r tunfi, published official adver- I taxables received during the year ! 869; and this
Lienlecaot Appleton, inquired if that was Colonel tisements in this paper, bnt in so doing he is borne out by the fact that toe income tax was
Hamilton’s room. He was told that the gentleman 1 ... - * 1
to Perpetuate IlulIock*a Itu
We quote the following from the Globe’s offi
cial report of the debate in the House on Fri
day. It will be seen that Butler’s idea is to
pass the bill, and then let Bullock reconstruct
the Supreme Court so as to get a decision from
it that there shall be no election until 1872.
Batler said:
I have been quoted as saying that*this bill
changed tho tenure of office in the State of
Georgia. It was said all over the House. Every
Republican, especially every one that was,
thought to be a little doubtful, has been seen
and button-holed and tampered with, and had
this mis-statement whispered into his ear, as
the devil whispered into tho ear of Eve. I said
before the words following upon this topic:
“This brings me to what is the great objection
to this bill, as stated by the gentleman from
Ohio TMr. Bingham j. That gentleman states
that by passing this bill we prolong the tenure
of every legislative, executive and judicial
officer of the State of Georgia. Now, there is
not a word concerning the executive and judi
cial officers of tho State of Georgia in this bill.
Yet, it is objected that if we pass the bill these
will be continued in office.”
I should bo very glad if this were done, and
here boldly avow that I offered iny amendment
for the purpose of so providing. I should be
glad to have a lawpassed by which those colored
men, who were wrongfully, murderously, felon-
ously, and treacherously driven from their pla
ces, should be put back, for two years, and the
traitorous felons should hot get the advantage
y virtue of their own wrong. There are some
°f these loyal legislators who never will take
their seats in the Legislature again. By violent
deaths they have gone to a brighter and better
world. I would give no aid and comfort to this
little rebellion, this embryo rebellion in the
State of Georgia. I will not bo an accessory
neither before nor after the fact of tho rebellion
by turning out these legislators now. It was
with that view that I offered m.v amendment.
I drew it for the purpose of settling all
doubts on this subject. But I consulted
number of good, clear-headed, and just-minded
men of my own party, and they said to me,
“Why interfero in tho matters of the State of
Georgia and her constitutional rights any farth
er than is necessary ? Why bring up the ques
tion of offices and the tenure thereof, though it
may bo technically and abstractly right'and
just? Why raise that question ? Leave it to
the Courts in Georgia to say what is the law of
Georgia as to elections and tenure of office.
Say nothing about it in the biU. Leave your
bill as you reported it from the committee—not
a word more or less than in the Virginia bill or
in toe_ Mississippi bill. If you pt$t amendment
npon it the House will stultify itself if it goes
back upon its former action.”
And yielding to the opinions of those whom
I respect and love; yielding my opinions, as I
always will yield them and always do
to those good and true men around me, I with'
drew tho amendment, and the bill stands now
without having any effect upon the Constitution
of Georgia in regard to the terms of office or
the length of the terms of office. There is
nothing in the bill to lengthen the term, nothing
to shorten it.
Mr. Speaker, I was still more inolined to agree
to it because in the meantime I got the report
of the Committee on tho Judiciary of the Sen-
ate, and they say that no further legislation is
needed to affect this question of the tenure of
offices in Georgia. With your leave I will send
to the Clerk to be read what tho Committee of
the Senate say upon that question. You willfind
it npon the eleventh page.
The Clerk read as follows:
And inasmuch as it appears certain that the
term of office of the members of 'the Georgia
Legislature and of its State government will ex
pire at the same time that it would have done,
had the State been fully restored to its place in
the Union in July, 18G8, and .do not commence
or run from the date of her future admission to
representation, and that without reference to
wbat might be tho legal or literal construction
of the last clause of the second subdivision of
the first section of tho third article of the Con
stitution of Georgia, in the following words:
“The General Assembly may by law change the
time of election, and the members shall hold
until their successors are elected and qualified."
Mr. Batler, of Massachusetts. You will see,
therefore, Mr. Speaker and gentlemen of the
House, that the Senate Committee agree with
me, or rather, after examination, I agreed with
them, that no legislation which we could pass
here simply admitting Georgia would affeot
the terms of the officers in Georgia. Acting
upon that opinion, I withdrew the amendment;
and the gentleman from Ohio: (Mr. Bingham)
proposes to put in an amendment to alter the.
term of office provided by tlie Constitution of
Georgia for her own State officers.
eat, which should be;oredited on said mortgage
debt; and toe prayer of the defendant in his
motion was, toat this latter sum might be Bet
off against the plaintiff’s demand, and in toe
meantime that all proceedings be stayed until
there conld be a hearing, of the case. The
Court granted the order as prayed for, suspend-?
ing all fnttoer proceedings until, the further
order cf the Court.
ui This was toe - state of things when toe’Oon-
stitution of 1868 .was adopted, denying to the i -&•—"*«*-*.«»»_»».•» lortne sutuof*Z”i
for Jus contracts; then for the survfror for of this State jurisdiction, or anthority to d °“ a » “d fifty C
and'firmin' bis nr her natural life and in casn. ;try, or give judgment on, or enforce any debt 1 gold, which award was made the judcrnxx?”
.ju, the consideration of which was a slave or slaves. A fter the passage of the ReliefAu
The court, below declined to take jurisdiction of ) °* the defendant made a motion in a
the ease for any purpose whatever, but left the open the judgment under the
parties just as they stood in regard to their re- °* toat act, which was allowed, andcatJ
.. ,- . , . • . . - x- - | spective rights when the Constitution of 1868 trial of the issue formed thereon, the jurv
issue of theAnarrage, living at the tmio of was adopted. Both parties exoepted to the dei hearm g toe evidence on both sides, retimto*
tlie death of said.survivor jBut if there he cision of the Court verdict in favor of the plaintiff f or the 8 nm *
no issue of said marriage, or.jif!. suoh'issu^ r^Wd.- That, under the former ruling of a three hundred^and ninety-eight dollars andfift!
shall die in the life time of such survivor, majority of this Court in regard to debts, the c ? n f s principal, and sixteen dollars and Severn?
without leaving issue alive at the time of the ] coasideration of which was a slave or slaves, eight cents interest; whereupon the defeJ/i
d-toth, of said survivor, said survivor shail take I the judgment of the Court below was right, and j moved for a new trial on the ground th»t a
an absolute estate in -stud, property. And if should be affirmed. | ^dictw'as contrary to law, contrary to the £
the said wife survive the husband and marry Judgment affirmed. - ,, •,
again, and ait the time ofjier death there be , Jacket, C. D. McLutehin, D. A. Walker
issue of theJpresent contemplated “arriage. K^P^g 1 ^^-
and also issib ot any such subsequent marriage y
then living, the bsue of such marriage shall Jonathan Blivins V s. O. C. Johnson.
take an ipterest ln&id property in the same against the Sh6riff . Fr01u Dade . ,. _ . „ „
manner, and to the same extent as if it or McCay, J.—When property is levied on to l 1 * 3 ? right under the law, and the
they were tho issue .of the^ first marriage, satisfy a fi. fa., ana before the sale defendant toe case as shown by the record, and th.t
And in a subsequent part of the deed it is de- applies to the Ordinary, under the Act of 1868, toe motion for a new trial was properlvov
dared that, “if at anytime hereafter it shall for a homestead in the property is subject to ■ml®'!- ,er "
bo deemed advisable or necessary by'said Ims-M the homestead, and if it is sold, with notice of _ . .. ... ~mwmca
band and wife, or the survivor of them, the the application, the purchaser buys it with that damages should be awarded as provided by th»
said trustee, with the written consent and re- incumbrance upon it. 14,221st section of the code,
quest of the said husband and wife, or the sur- | When a Sheriff had levied upon land, and be-
vivor of them', may sell, exchange, or other- M°jf e toe sale toe defendant notified him that
wise dispose of all or any part of said proper- subsequently to the levy _he had applied to the
ty, but the proceeds of such sale, exchange or
j.* i .I „ -■ Z... onerin was satisfied that the application was . _
an ^ increas ? t ^ ere0 ^> made in good faith, and. after seeking legal ad- Beuel Edwards vs. Simeon Daly. Trow>
shall be held subject to the uses and purposes vic0i he g p08tpon ^ th n e a ’ sa £ and /apfeared From Catoosa. * Tt °™’
herembclorc mentioned. ^ , .v| that subsequently, in pursuance of tho apppli- , Waeneb, J.—When it appeared from the «.
After the marriage haa been solemnized, cation, all toe land was set apart, as i home- dord that an action of trover, for the recoverv
tho husband died, leaving no issue by_ the wife. I stead, for the family of the defendant, under I ahorse, was pending in the Superior Court
She afterwards married again, and had two the statute: toat in March, 1808, a military order vu
children by the last husband: Held, That whilst it was the duty of the Sher- j issued by Gen. Meade, ordering that the suit
field ; That the scope and spirit of the mar- iff to have sold the land subject to tho heme- should be dismissed by the Court, but the order
riage settlement embrace the children of the I stead, yet, as the proper course for him to pur- vras not produced in Court, though toe Sheriff
second marriage as beneficiaries, though there I sue was under the Act of 1868, very doubtful, I swore that he had received an order in substance
were no children of the first marriage, and no construction of the new policy of the State, ! *• above stated. There had been two terms of
that the trust was not executed at the death on the subject of homesteads, having then been I “a Gonrt held since the order was issued; 4
of the first husband: but the trustee still held F ade » and . ifc having been affirmatively made “0 tat term thereafter, the defendant was in
Rule
verdict was contrary to law, contrary to
dence, and strongly and decidedly
weight of the evidence, and the princiett
equity and justice; and against the *
I toe court. The motion for a new trial *
fused. 44 **•
Held : That as there was no error aOe«d u
the charge of the Court that the verdict of
iurv was rioht under tbe ^
Judgment affirmed and damages awards
G. W. Bruce, E. F. Hoge, for JStiffm
error, 111
Dodson & Payne for defendant.
01 tne nrst nusDanu ; dus tne trustee sun neiu ; ’ . „ -o ---- j '—
the JeL'al title for the wife during her life with hP owa to th o Court that the Sheriff had acted H 0 ™** and continued the case on account of
in S ood faith, it was error in the Court to hold sickness of one of his counsel having in his
contingent remainder to such chudrenas ii a bie for toe plaintiff’s debt, in a rule possession an official copy of the military ordTt
Ifor the plaintiff’s debt, in » , w muuary oraet
be the offspring of the second marnage, which bRu f or contempt in not obeying the & t that term of the Court. At toe next term of
. *1 *1 . | 1 • ,* /» 1 Otaiuaii Util* AUA LUUICJ
became a vested remainder on the birth ofl p ° ocegsof the
such child or children.
Judgment reversed.
W. H. Dabney, W. Aikon, for plaintiff in
error. > ’
Printup & Fouche, H. Buchanan, for de
fendant:
Judgment reversed.
J. A. W. Johnson for plaintiff.
D. A. Walker for defendant.
Andrew Howell, et al., plaintiff in error, vs.
George A. Gordon, et al., defendant in J
error. From Lumpkin. Claim, etc.
Brown, C. J.—L In a claim case, it is not I
necessary for the plaintiff in fi. fa. to prove
Nathan N. Baxter vs. Nathan L. Abercrombie.
Complaint. From Gordon.
Brown, O. J., did not preside in this cause.
the Court, the case was continued by the d».
fendant on account of his own sickness, at which
term one of his counsel had the order in hk
possession, but at neither term was there asv
motion made to dismiss the case; nor was the
order brought to the attention of the Court' It
was also shown to toe Court, that both partis
had subpeened witnesses and prepared the cue
Warner and McCay, J. failing to agree the f° r trial at the present term of the Court, when,
judgment stands affirmed
W. H. Dabney for plaintiff in error.
D. A. Walker for defendant.
on motion, toe presiding Judge dismissed the
case:
Held : That inasmuch as the defendant failed
to produce his military order to the Court, and
move a dismissal of the case, until after the re-
storation of civil anthority in the State, but
procedeed to continue the case from term to
term, and put the plaintiff to the expense and
.. , - 7 x, r j -x- c xi_ -. -jri Yahhoola River and C. Creek Mining Co., vs.
the levy and the handwriting of .the sheriff H Irb Trespass. Lumpkin,
on the trial. The sheriff S official entry on McCay, J.-A recital in a deed that the par-
the fi. fa. that he has made the levy isisum- ties making it are heirs at law of a former owner, . . .
cicnt evidence or that and the Court j is no evidence of the iact recited, except as | trouble of preparing the same for trial, that it
will recognize the genuineness of his signa- against parties to the deed and their privies. was error in the Court below in dismissing tbs
turc to the entry, as he is an officer of the In an action of trespass for cutting timber I plaintiff’s case at the last term of the Court, at
Court, without proof. from off vacant land, the plaintiff must prove a toe plaintifFs cost, on motion of the defendant,
2. The Courts of this State have no juris- good title to himself. ’— 1 J '
diction to render a valid judgment against a I showing title by an administrator’s deed,
citizen of another State, in a common law ac-1 toe order of the ordinary, granting leave to sell,
tion, unless he has been within the limits of njn ?. t P r ° dQ0ed - Itis not sufficient toat it is
j nnder the military order issued in 1868.
Judgment reversed.
Dodson & Payne, E. F. Hoge, for plaintiff in
says that the administration do not hold that
the inoome tax law is limited by its terms to
rormr* KaIait Colonel Hamilton was I on P rec ^y *he same footing as any | deducted from the payments on account of sal-
former newspaper partner of Yergar, and the other advertiser, and never held any Other I ary to government employes et Washington in
^Y^M ? a“miS^f e a>Xeme e nt. eei Ia m the than ttatof a sim P Ie business relation to this toe months of January and February, 1870, and fir8t
faint light of the morning, Lieutenant Appleton paper. the railroads deducted the tax from coupons
failed to recognize his early visitor. I ' 1 m 4 | falling due 1st of February and March
Squads of military, on toe requisition of Govern- The World publishes a marriage notioe where- ‘ ° 7
ooni, bare tbia afternoon been in search of ^ the parties were Charles and Julia Smitten. Moss Gabbling.—J. Edwin Gonant addresses
Yerger, bat up till to-night without success.
If there’s anything in a name, we are foroed to a letter to the Atlanta Constitution in whioh he
The Raleigh Benunei says 87,000 patridges I oonclpde that the prospeot for future matrimo- complains that Avery’s dispatch was garbled,
ha** been shipped from High Point and Greens- nial felicity in the case of this couple, is decid- and did not, in its originial shape, apply to
boro to New York the past season. They cost j edly more favorable than usual. They are ob- Gootgia politics. Who garbled it ? Did Gov. :
twenty cents a pair and sold for two dollars a I liged to bo Smitten so long as they both shall I Bullock twist that dispatch to suit his neces-
pai& 1 live. 1 sities 1
Mr. Iiavis’ Novel. ’
A late New Orleans letter says Mr. Davis'is
writing a novel, which he will finish this year.
Its scenes and incidents are fnrniahed by foe
Mexican war, and will have no reference to foe
late civil war. It will be published in England
The position of Comtuissiotfer of Insurance,
an office recently created by the Kentucky Leg
islature, has been offered to Gen. Gustavos W.
Smith. tirrreiV***'
The Washington correspondent of the Rich
mond Dispatch, under date of Monday, say*
‘‘toe vote in the Senat6 will be a dose one, but
there is hope of foe complete rout of the bol
lock pack.”
this State, and has been served with process reait€d in J} 10 d ® ed -
while in this State. And a jodgment con^J
fessed by the agent of such nou-resident citi- dant in g ^ a faith * b ^ ved iJ was his own
zen, who has never been served n1 this State, i and( ’ the verdict, if for the plaintiff, ought to
would not bind third persons. And if it is J bo only for tho actual damages proven.
G. W. Buice, for defendant.
levied upon property claimed by a third per-T Judgment reversed. | | _
Geo. D. Rice, by the reporter, for plaintiff in I 8 a h°ns of syrup in the year 1864, and tha de-
son, he may deny the validity of the judgment,
on the ground that the Court had no jurisdic
tion of the person of the defendant.
3. Where an agent was appointed in this
State, by a non-residpnt person, to look after I James Buchanan vs. James McDonald,
or act as agent for certain lots of land, with YB - Sheriff from Murray.
t - w ' ...... _ . . I HfnHiw T S.
John Brakebill vs. Alex. Leonard, et. al. Case
from Murray,
Wabneb, J. When an action was brought by
tho plaintiff against too defendants for wrong
fully depriving him of a mule and seventeen
error.
W. P. Price, R. A. Quillian for defendant.
Rule
tense set np was, that the defendants took the
property from the plaintiff when acting under
orders of toe officers of the Confederate mili-
tary government, and the Court dismissed the
case on its own motion, without giving toe plain-
no other or general powers, and an attach- I McCay, J.—In an issue formed by tho plain- I riff an opportunity to go before tbe jury and
moht was issued against said non-resident ia artdo fS ai , nst .^,° sheriff, controverting aave the question of fact tried by them, whether
• ■ . . c - • . I the truth /,f the chnnff'o v/itnvn *h/i l.nv.Ln lilfl tlMfOTinanto ircvc a#- th n - C < l. . „
owner and levied upon said lots, the agent,
bv virtue of this authonfy,.was not author-1 f 0 opeil an p d couclu ^ a ^ before toe
jury, and it is errorin the Court to give that
ized to confess a general judgment binding
upon said defendant in attachment.
-!. The war revoked the agency of a citizen
of this State in this (State for a citizen of Mas
sachnsetts, which existed when the war com
menced. without any act of revocation or re
nunciation by the parties.
Judgment reversed.
VV ciy Boyd, by Htilyer & Bro., for plaintiff,
m error. ... , ... ■... -
W. P. Price for defendant.
William Little, plaintiff in error, vs. iVm
Meadows, et al., defendant in error. From
Union. Apncal.
Brown, 0. J.—Prior to the adoption of
the new Constitution, an appeal lay from the
verdict of a petit juiy to a special jury, oh an
issue growing out of a proceeding under sec
tions 4000, 4001 and 4002 of the Code to ex
pel an intruder.
Judgment reversed.
Weir Boyd, by Hillyer & Bro., for plaintiff
in error.'""” «*5inrt
H. P. Bell, Welbom & Fain, S. C. John
son, for defendant
et
A. Kilgore, plaintiff in error vs. R. T. Beck,
al., defendant in error. From Murray.
Equity.
Bbown, C. J. 1. When the head of a family
applied to toe Ordinary by petition to have a
homestead set apart for his family nnder sec
tion 2,013 of the Code, accompanied by a sched
ule of his property; and the land was sold at
sheriff’s Bale, pending this application, toe
purchaser at snoh sale with notice toat snch ap
plication was pending, took the property nnder
section 2,018 of the Code, subject to the encum
brance of the homestead when properly laid off.
2. If the purchaser is proceeding to have the
sheriff turn out the family and put him in pos
session, and the head of foe family has acted in
good fsitb, and with reasonable diligence, for
the purpose of having the homestead laid off,
this will, under section 3,153 of toe. Code, au
thorize foe Coart of Chancery to interfere by
injunction to restrain the eviction, till the parties
can be fairly heard, and their rights adjudi
cated. And if the Chancellor, under a misap
prehension of the legal rights of the family, has
dissolved the injunction, and directed the sher
iff to proceed to turn the family ont of their
home, this Court'will interfere and oontrol the
discretion of the Const below, and require the
injunction to be retained till tbe hearing.
Held also ; That the certified copy of orders of
the military authorities of the Confederate
States were properly admittted in evidence on
the trial of the case; ‘‘* l wfirati
Judgment reversed/torsansq a&rjs to untapng
R. J. McCamy, W. Huffman, for plaintiff in
error. -a, oftJtacsijb
J. A W. Johnson, for defendants.
John D. Field, administrator, vs. James B.
Sisson, et aL Illegality, etc. From Lumpkin.
Wabneb, J.—When an affidavit of illegality
had been filed to an execution, and the ques
tions of illegality involved therefti had been fi
nally adjudicated by this Court:
Held, That such adjudication was conclusive
upon toe rights of tha parties in that osse-:
field fuTt/icr 9 That the party mating anctx Af-
fidavit of illegality, nor his legal representa
tive after his dffith, could not,, by a motion to
set aside the execution and judgment for the
same oauses embraced in the affidavit of ille-
gulity, or which might have been embreoed
therein, be heard to vacate or set aside said ex
ecution and judgment, the more especially after
toi lapse of several years since the rendition of
the same for causes whioh may have. *6^
prior thereto.
J ndgment affirmed.
Weir Boyd, R. A. Quillian, by Hillyer k
Brother, for plaintiff in error.
H. P. Bell, W. P. Pride, for defendant.
Thos. T. Napier vs. Mlena*! Dickson. Equity.
From Gordon, v .
Wamma, J.-Whe* r inl8$a,N*aldtoDe«rtain
negro slaves for foe aom of $7,000.90, $2,080.00
ifUch $Mt paid St Uw time of foe mu^ tbe
Of
right to the sheriff.
Judgment reversed.
R. J. McCamy, for plaintiff in error.
J. A W. Johnson, for defendant.
Absolom Graham vs. A Clark. Relief. From
Catoosa.
McCay, J.—To sustain a plea under the Re
lief Act of 1868, it most appear that the loss
which the defendant claims, as an equitable
ground fpr reducing the plaintiff’s claim, was in
some way the fault of the plaintiff.
Judgment reversed.
A T. Hackett, J. A W. Johnson, for plain
tiff in error..
Dodson & Payne, for defendant.
Elizabeth A. Taylor vs. Carroll A. Cloud, et
aL Equity. From Catoosa.
McCay, J.—It is a good ground of demurrer
to a bill filed to set aside a fraudulent deed to
land, and praying the possession of land, that
it is not filed in the county of the residence of
toe defendant; and it does not help the case
that it is filed in the county in which the land
lies, and that toe tenant of the principal de
fendant, which tenant lives on toe land, is also
made defendant, if no substantial relief is
songht against said tenant.
Judgement reversed.
W. Lnffman, Johnson & McCamy, for plain
tiff in error.
J. A. B. Hanks, D. A. Walker for defendant
— ■ 1 *t
George W. Jenkins, plaintiff in error, vs.
James D. Temples, defendant in error. From
Murray. Case.
Bbown, O. J.—L While contracts in general,
in restraint of trade, are against the polioy of
the law, and will not be enforced, it is legal to
oontract, that one party, for a valuable conside
ration, will not for a time specified in the oon
tract, carry on a particular kind of trade in a
village, or at a particular locality, and the Conrts
will entertain an action for damages for a breach
of such contract, and it is error in the Court to
dismiss the plaintiff’s action on the ground that
the damages are too remote, or that no specified
sum was agreed upon as stipulated damages.
Jndgment reversed.
R. J. McCamy, W. Lnffman, W. W. Geddens,
for plaintiff in error.
i J. A. W. Johnson, A Farnsworth, for de
fendant.
Maty A. Lea, et. aL, plaintiff in error, vs.
resty Yates, defendant in error. From Catoo
sa. Claim, eto. t
Bbown, O. J.—A confession of judgment for
the sum of —7—with interests and oosts of
anit, is not sufficient to sustain a jndgment sign
ed np for a specifio sum as principal, with in
terest, etc., as the shape of the confession shows
that the parties had not agreed upon the amount
with which the blank was to be filled, or had,
for some other reason, neglected to fill it. Snch
judgment takes no lien on the property of the
defendants, and an order of Court amending
the confession by filling the blank with the sum
for which the judgment had been signed, will
not create a lien on the property purchased
from thq^efendants bona fide prior to toe date
of such order. The record in such case was
only notice of what it contained, and was not
notioe that there wasany legal judgment against
the defendants, or any lien upon their pro
perty.
J ndgment renersed. jqa -ij ciL id -
W. Akin, Dodson & Payne, for plaintiff in
error.
A J, Racket, by W. H. Dabney, for defend-
aht. nAjntBbl
J. A Stephenson, plaintiff in error, va. The
State of Georgia, defendant in error. Fran
Bartow. Indictment for Misdemeanor.
Baowx, C. J.—It is error in the Judge of the
Superior Court, in any ease, civil or criminal,
in T ‘
too defendants were at the time of the seizure
of toe property bona fide acting nnder military
orders or not.
Held ; That it was error in the Court to dis
miss the plaintiff’s case in the manner stated
in the record, that the Court should have sub
mitted the evidenco to the jury, and charged
them as to the law applicable to the facts proved
on the triaL
J ndgment affirmed.
Hoge & Spray berry, for plaintiff in error.
W. Akin, for defendant.
Equity.
John Crawford vs. D. S. Cantrell.
From Gordon.
McCay, J.—When a suit was brought in 1861
against a principal and security, and the securi
ty had a good defence, but by reason of his at
torney having gone into the army, and by reas
on of the principal gone into the army, tbe said
security rested nnder the belief that the case
would not be tried, and jndgment was neverthe
less taken without the knowledge of foe se
curity.
Hdd: ; That a BiU in Equity for a new trial,
filed within twelve months after the adoption of
the Constitution of 1868, and setting np the fore
going facts, was not deniable.
Jndgment reversed.
W. Akin, for plaintiff in error.
Wm. H. Dabney, for defendant
Daniel Hyden vs. the State. Certiorari.
From Lumpkin.
_ McCay, J.—1. The order of a magistrate sit
ting as a Court of inquiry, to determine wheth
er or no one arrested nnder a bastardy warrant,
shaU be committed or recognized to appear at
the Superior Court, to answer, etc., is not snch
a jndgment as can be pleaded in bar to a subse
quent inquiry nnder a new warrant, for the same
offence, nor is the jndgment in each a ease that
the defendant be committed, or give bond, etc.,
subject to be corrected by foe Superior Court,
by Certiorari
When a magistrate, after a hearing, orders a
prisoner nnder arrest, to be committed, or give
3ond to appear at the Superior Court, to answer,
it is illegal for the magistrate to give a judg
ment against the defendant for toe costs other
than toe costs of his own witness and such ille
gality may be corrected by Certiorari
Judgment reversed.
Geo. D. Rice, H. P. Bell, by brief, for plain
tiff in error. * ’
8. O. Johnson, Solicitor General; "W. H.
Price, for defendant.
or as to too guilt of toe accused.
Judgment reversed. ’ i
W. T. lYoffofd, by W; H. Pritchett, ?<*
plaintiff la error.
From Enfanla, and Barbour County.
We get toe following items from the Eofaula
News, of Wednesday:
Hon. Eli S. Shorter, President of the Ytcksburg
and Brunswick Railroad Company, left the city on
yesterday to fill appointments to address tbe people
in behalf of tbe road. He will visit Pike, Crenshaw,
Batter, Wilcox, Marengo, and Choctaw counties,
and submit propositions to the commissioner's
conrts in the several oonntiee for subscriptions in
county bonds. If the people on the line ot foe road
will respond as promptly and liberally to his appeals
as did the people of Barbour, we are authorized to
say that the contract for building and equipping the
whole road to Meridian will soon be taken by parties
with ample means to finish the road. At foe late
meeting of the directors held in this city a number
of Northern capitalists were represented, who are
willing to invest in this great enterprise whenever
it is definitely ascertained what amount of county
aid can be obtained on the route—provided liberal
subscriptions are voted.
We are also advised that Mr. Fox, who had charge
of the Engineer Corps employed in locating the road
from here to Clayton, was compelled to resign on
account of his declining health; and that Major
Gordon Gardner, of Georgia, wae appointed Chief
Engineer of the road. Major Gardner comes highly
recommanded as the proper man to fill so responsi
ble a position, and la expected to enter npon hie
labors this week.
The Late Rain.—On Saturday afternoon last, tbe
rain fell in blinding sheets, the wind blew a perfect
gale, and the Hgntning played fearfully all around
and about ns. Some fenoas were mown down,
many signs tom from their fastenings, and the
streets and roads, particularly the latter, were bad
ly washed. The streams are vary much swollen,
and toe river, we suppose, higher than it has. been
this winter.
bofcti
eests.- Fat* to
rates ware sever 1 ,
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