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X'he Greorgia Weekly Telegraph and. Journal «Sc IVtessenger.
-JJJJYsD wbsterx railroad lease,
I)cC ,„ion of tbe Supreme Court.
the Atlanta Constitution wo copy the
.. 0 f the Supreme Court on this irnpor-
^t. as follows:
, i Central Railroad and Banting Company
T “®- jjayor nnd Council of Macon, et al. In-
^nfdon, from Bibb.
1°®"; (he S ftmo parties, vice versa.
W.kkeji, J.—This is a bill filed in behalf of
rtijnof the stockholders of the Macon and
■tf’ctem Railroad Company, and in behalf of
f Mayor end Council of the city of Macon,
if sne in behalf of said city and the citizens
*“° f 8C d as stockholders of the Macon and
i e J^ta gailroid Company, and of the Macon
* Brunswick Railroad Company, against tho
f“ an d Western Railroad Company, and
si Central Railroad and Banking Company,
"f : n „ f or an injunction to restrain. the con-
nimation and execution of a contract for the
® of the Macon and WestemRailroad to the
rlntral Railroad and Banking Company. On
' .lion the State was made a party complain-
nt to the bill. A rule to show cause why the
ninnctioa should not be granted was served on
defendants who appeared, and filed their
Mwertfo the allegations in complainant’s bill,
^'Tobjected to tho State being made a party,
j that the city of Macon was not a proper
irty complainant—which objections were over-
’oabcaring tho motion for an injunction; the
Kune was granted by the presiding Judge to
■hich the defendants excepted. The State was
lot a stockholder in the Macon and Western or
'entral Railroad companies, and therefore had
ho direct interest in the decree to be rendered,
' between the contestants. If the State had
interest in the controversy, it was in her
lotereign capacity as the representative of the
bole people of the State, and should have
lopeattd before the court, in her sovereign
Opacity, bv the appropriate mode of pro-
•eedure in such cases. The consummation or
lion-consummation of the private contracts of
ease between these two coporations was not
, claim inconsistent with the sovereignty,
oii^diction, or rights of the people of the
ilite. It was a mere private suit between
hese two corporations, to which the State,
her sovereign capacity, was not a proper
_rty. Tho city of Macon, aueing in behalf
,f the citizens thereof, or other artificial per-
oes, had no direct interest in the decree to be
entered as to the legal right of these two
orporations to make the contract in question,
fhich would entitle it to be made a party
omplainant The question as to the legal right
if the companies to make and accept a lease of
ie road, is a question which involves the legal
ghts of the complaining stockholders in the
ispective companies, and the legal rights of
hose companies nnder their respective charters,
[he decree as to tho legal right of the two cor-
iorations to make (ho contract would only bind
hem os to their legal right to mako it, and that
i the sole question presented by the complain-
nts’ bill wi'h which the State, or the city of
lacon, havo no concern so far as the legal right
f the two corporations to make the contract of
eeie is involved. The main question in the
sse, as made by the pleadings in the record, is
3 to the legal right of the Macon and Western
Uilrcad Company to lease that road to the
fentral Railroad and Banking Company in the
ainner therein net forth. By the 11th section
if the chsrter of tho Monroe Railroad Company,
t is declared "that stud Monroe Railroad Com
ity, shall havo the exclusive right of trans-
iottation and conveyance of persons, produce,
aerehandise, and all other things over tho rail-
oadto be by tham constructed, as long as they
hall tee fit to exercise such exclusive right,”
ind it is farther provided in the same section
if the charter, "that said company may, when
hey see fit, rent or farm out any part, or the
rboleof their said exclusive right of. transpor-
itiononsaid railroad, with the privileges there-
f, to any individual, or individuals, or other
jmpany, subject to the rates above mentioned. ”
y an act of tho General Assembly of 1847,
e Macon and Western Railroad was incorpo-
ted, and all the powers and privileges con-
erred on the Monroe Railroad Company wore
onferred on the Macon and Western Railroad
Company, with certain exceptions, which ore
ot pertinent to the question now before the
'onrt. The grant to the Monroe Railroad
lompany, was certain unc-numerated privi-
t-rs, ’.vi'b tho exclusive right of transports-
ion over the road to bo constructed by them
s long as they should see fit to exercise such
xcltisiva right, but if tho company should
ee fit to rent, or farm out, any part or the
rho'.o of their exclusive right of transportation
in said railroad, they were authorized to do so,
rith the privileges thereof, that is to say, with
he privileges of tho railroad which bad keen
;ranted to the company, os well as the exclusive
ight or transjmrtation thereon. The privileges
inferred on the company by the charter was to
enable them to construct the railroad for the
transportation of persons, prodace and mer
chandise as long as they might see fit to do so;
jut whenever they should see fit to rent or farm
oat their exclusive right of transportation on
he road to another company, then it became
ib»o!nt(-Iy necessary that the privileges of the
railroad granted to the company should be also
rented and farmed om.eoas to enable the lessees
o enjoy the benefit of the exclusive right of
^importation on the road. The charter not
aly confers the power on the company to leaso
he c-xclasive right of transportation on the rail
road, fcnt also the privileges of the road granted
o the company by the charter, so'ft3 to enable
ha lessees to have, enjoy .nnd control tho ex
clusive right of transportation on the road in as
toll and ample manner as the original grantors
coaid have done nnder the charter. The grant
n the charter to rent or farm out the privileges
>f the road was indispensable to secure the ex
clusive right of transportation on the road, to
he lease thereof, nnless the right could be
maintained, on the principle that when the law
.oth give anything to one, it givelh implicitly
rtntsoever is necessary for enjoying the same,
the authority, however, is expressly granted in
his charter to tho company, not only to rent
sd farm out the exclusive right of transporta-
ion, the power to lease the privileges or the
cad, as confirmed by the charter, was neces-
“y to the enjoyment of the exclusive right
' transportation, is the opinion of the
•agislitore, as manifested by the grant
inferring that power. The Macon and
*™*ni Road had the legal power and an-
®>rity under its charter to make the lease. Did
* Central Railroad, nnder its charter and the
w* of the General Assembly amendatory there-
°»i have the legal power and authority to pur-
“>*« and accept the lease under the contract
m«e between that company and the Macon and
J’cstem Road 7 In 1820 the Genera! Assembly
’ an act to unite the Central Railroad and
-ig Company, and tho Maoon and Western
.'“road Company, and other railroad compa-
ClS3 , reciting in the preamble of that act as a
fcMon for its enactment, "that large sums of
moaiiy had been expended by incorporated com
petes (one of which was the Central Road) and
rom the state Treasury, for the purpose of
Jpening and constructing railroads from the sea-
to tho woslem limits of the State, and in
**r that the citizens of the State should de-
r >r« tho full benefit intended by the line of rail-
so constructed, it is expedient that the
naiportation of freight and passengers over
line should be as free from interruption
trans-shipment ss possible.” The act then
«riares that it shall bo lawful for the Central
“ilroad and the Macon and Western Railroad
tuuipanies, to unite their respective railroads
3 tne common depot at or near tho city of
r*°° n , so that the cars of the respective roads
“*. v pass from one road to the other uninter
ruptedly. it appears from the record that the
•rason and Western Railroad is united and con-
««d with the Central Railroad, and is indeed
extension of the latter road from the
i. , ?!_ Savannah to tho interior of the State.
l»52 the Genoral Assembly passed an act
^Jwloty of the charter of the Central Rail-
[i Co ®pany, and enlarging the powers of
- company, the object of which was, ‘ as
U®*® b T the aption of the act, to authorize
“company to lease, and to work, such other
«oada as then connected with it, or might
cr I® ®.r connect with it, for a term of years,
th*w n 8 t5 *e continuance of their respective
‘Tut*?’ Tb 0 first section of that act declares:
tnl n « a “d may be lawful for tho Cen
to j^ariroad and Banking Company of Georgia
, and to work, for suoh time, and on
“ & y b0 agroed on by the parties
t»a 'tv “’.y* 0 Augusta and Waynesboro’ Bail-
tne Milledgeville and Gordon Railroad,
era P.-i nl °? Branch Railroad, the Southwest-
and Buoh other railroads as now
t, 0 ®. ma y hereafter connect, with the
ris* fi roa d| and collect by suit or otoer-
tf,.' 1 ,° fares of travel and the charges of
teenrS 51 * 41 * 011 • on railroads-so.leased.” The
c ll oa °f Uheact declares: “That the
Boards of Directors of the inoorpo*
I aenti^° B ? pani08 0TOjn g 016 railroads above
no* —r 60 ’ 01 owning such other railroads as
hereafter, oonnect with
shall have power and au-
the Central Railroad and
Banking Company of Georgia their respective
railroads for arich time and on such other terms
as they respectively may deem best.” By this
act, the Central Railroad Company has the pow
er expressly conferred upon it, by this amend
atory provision of their charter, to lease, not
only the railroads specified by name, bat such
as then connected with it, or thereafter might
connect with it; and the act farther confers the
power and authority on the respective Boards
of Directors of other incorporated railroad com
panies owning such other railroads (than those
specified by name) as then connected, or might
thereafter connect, with the Central Railroad,
to lease to the last named railroad company
their respeciive railroads for such terms of time
and on such terms as thoymay respectively deem
best. Whether this power, so clearly and express
ly conferred on the Central Railroad Company,
was wisely or unwisely conferred' by the Gen
eral Assembly, is not a question for the
Courts to determine. The question for the
Conrls to decide is, whether the power has been
granted, and if it has, to protect (he company
in the enjoyment of their rights acquired nnder
that grant of power conferred by the General
Assembly.. What is a connecting road in the
sense in which that term is.used in the act of
1852 ? The best definition of a connecting rail
road, as applicable to this case, is that given by
the General Assembly, in the act of 1850, pro
viding for the uniting the respective railroads
theroin named, "6o that the cars of the respec
tive roads may pass from one road to another
uninterruptedly without the trans-shipment of
freight or passengers.” That was tho kind of
connecting roads the Legislature had in contem
plation in the passage of the act of 1852. What
Is the character and effect of tho instrument set
forth in the record as the evidence of'the con
tract between the two companies, when con
strued and interpreted in accordance with the
acknowledged principles of the law applicable
to such an instrument ? It purports on its face
to be a lease of the Macon and Western Railroad
to the Central Railroad, and recites the provis
ion of the charter of the Macon and Western
Railroad Company, which authorizes that com
pany to rent or farm out its exclusive right of
transportation on said railroad, with- the privi
leges thereof, to any individnal or individuals
or other company. It also recites the provisions
of the act of 1852, which authorizes the Central
Railroad to leaso connecting roads, and it is
quite clear on the face of the instrument that
it was the intention of the parties to make a
contract for a lease of the road, and not a
contract for the sale and absolute conveyance
of the title to the road. In the construction
of a deed, if there be two clauses ntterlv in
consistent, the former must prevail, but the
intention of the parties from the whole in
strument should, if possible, be ascertained,
and carried into effect Code 2G55. The car
dinal rale for tho construction of contracts is
to ascertain the intention of the parties. If that
intention be clear, and it contravenes no rnle of
law, and sufficient words be used to arrive at
the intention, it shall be enforced, irrespective
of all technical or arbitrary rules of construc
tion. The intention of the parties may differ
among themselves. In such ease the meaning
placed on the contract by one party, and known
to be thus understood by the other party at tike
time, shall be held &3 the true meaning—Code
2718, 2714. In this case both parties intended
to make a contract for a leaso of the road, and
both parties understand it now to be a lease of
(ho road, there is nothing in the instrument
itself, which requires that the court should un
derstand it differently. The words employed
are not such as would indicate an intention to
make a sale of the road, and convey an absolute
title thereto to the purchaser thereof, but on
the contrary, the Macon and Western Road ex
pressly reserves the right to enter upon and re
sume the possession of the road apd its appur
tenances, on the failure of the Central Road to
comply with the terms and stipulations of the
contract between the parties—construing the
contract in accordance with the expressed in
tention of tho parties on the face thereof as well
as the legal effect of the words employed therein,
it is a contract for a leaso of tho road to the
Central Railroad and Banking Company, and
not a sale of tho Macon and Western Road to
that company. In view of the facts contained
in this record, the two oomplaining stockholders
in the Central Railroad .Company, most be
presumed to have accepted the 'provisions of
the act of 1852, authorizing that company to
lease connecting railroads, the more especially,
os that company has exercised the power granted
by that act, and leased other railroads without
any object ion on their paxt.as stockholders to- th»
exercise of each power on'the part of the oonf-
pauy. It is now too late for them to say that,
as stockholders in the company, they never ac
cepted and assented to the power granted to the
company in the act of 1852, to lease connecting
railroads. This is an absolnte contract for the
lease of the Macon and Western Railroad, and
contains independent covenants. If the legis
lation mentioned in the covenant for the amal
gamation of tho two roads, so soon as the neo
cssary legislation for that purpose can be se
cured, should be held when that legislation is
had to be in violation of the legal rights of tbe
stockholders in either company ' nnder their
contract as snch stockholders, still, the absolute
contract for tbe lease of the road would be a
good and valid contract; this latter covenant in
relation to tbe amalgamation of tho two roads
being an independent covenant, conld not de
feat the absolute contract for the lease of tbe
road, that contract, £ot being dependent on the
performance of the last named covenant for the
amalgamation of tho two roads in the manner
therein expressed. But the contemplated legis
lation mentioned in that independent covenant
is not now before the Court, and we express no
opinion in regard to it. When the contemplated
legislation shall be obtained, and the stockhold
ers of either of the companies shall complain of
it, as illegally, interferring with their contract
as such stockholders under the charters-of their
respeciive companies, then it will be time
enough to consider the question:
Held, That tho State of Georgia and the city
of Macon, on the statement of facts disclosed
by the record, were cot proper parties to the
complainants’ bill of complaint;
Held, also, That the Macon and Western
Railroad Company had the legal .power and
authority, under the provisions of its charter,
to lease that road to the Central Railroad and
Banking Company of Georgia, and that the lat
ter company had the legal power and authority,
under tho provisions of the act of 1852, to
accept said lease as specified in the contract set
forth in I be record.
Edd, further, That the court below erred in
granting the injunction prayed for in complain
ants’ bill.
Judgment reversed.
Locheake, O. J., concurring.—I concur with
the judgment of the Court upon the following
grounds:
1. The act of 1850, by its terms connects
these Railroads at or near Macon, and by its
preamklo declares tbe policy of its enactment.
2. By the act of 1852, the Legislature gives the
power to the Central Railroad to lease connect
ing roads, and provides that the roada connect
ing then or thereafter may, by their Board of
Directors, enter into such lease.
3. The Macon and Western Railroad is a con
necting ro&d by tbe terms cf the act of 18.50,
and comes within the provisions of the act of
1852.
Again, tho 11th section, act of 1833, charter
of Monroe, now Macon and Western Railroad,
gives the power to rent or to leaso its exclusive
right of transportation and conveyance of per
sons cn said road, with the privileges thereof.
This section exacts the power to lease to the
Macon and Western Railroad, and settles the
main questions in case, by the very language of
legislative enaclment.
Again, we hold that tbe instrument entered
into a leaso under tho Code. The intention of
the chsrter governs in the constructions, and
the provisions for the amalgamation of the road
docs not effect the lease.. .. . - •
1. It docs not,, because contracts arc severa
ble, and if illegal, that would effect only the
provision itself, and not the lease.
2. Because I-cannot anticipate legislation, by
declaring upon presumption, the Legislature
will .do an illegal thing; and
3. Because I hold the agreement or provision
competent, provided the Legislature passes the
appropriate law.
The objection upon the ground that this act
requires the unanimous consent of all the stock
holders, I hold to be invalid. The right of in
dividual stockholders to invoke the power of
Court against their oorpoTators, depends upon
the attempts to do aota unauthorized by the
charter, or the laws of the land. After legislative
permission in the line of enlarging its powers,
the corporate powers are controlled by a major
ity of the stockholders. - We hold the several
contracts of the stockholders to mass together
and blend in. the corporation and after the or
ganization. Its powers and acts are corporate,
and minorities most yield to majorities. After
the will of the corporation is ascertained by its
by-laws or other legal form, all dissenting opin
ions are merged, and in no ease where tbe act
is written the scope of the charter, or permitted
by the law, can a minority defeat or delay tbe
action of the corporation by a majority, -*
this also applies to tbe
i present
dissenting Central Railroad stockholders, whose
complaint, I think, comes too late. They may
have been stockholders since the acts of 1850
and 1852, or they may have been stockholders,
and if they were, the majority governed in ao-
oepting or acting upon the privileges granted
by the law.
Again, we concur in the opinion as to parties;
as a legal proposition we do not think the State
can be made a party to litigation, in which she
has no direct interest, upon grounds of Con
templated damages ot invasion of the publio
policy. But we hold, nevertheless, that the
Governor may, by-the selection of counsel, be
heard, upon matters involving great questions
of a character affecting tbe publio interests of
the State, and may, without making the State ft
party, give the benefits, as in this case, of able
oonnsel to the discussion of snch questions..
MoCay, Ji, dissenting.—Under tbe Oct of
1852, and under tbe charter of the Maoon and
Western Railroad Company, the directors of . the
Central Railroad may, with the assent of'the
majority of the shareholders of the Macon and
Western Railroad Company, lease the road of
the said Maoon and Western Railroad Com
pany for the term of the existence of the char
ter, but a lease of said road having for one of
its considerations and covenants, that on the
consent of the Legislature, the two companies
shall be amalgamated, and the Macon and West
ern Railroad Company cease to exist is illegal,
nnless assented to by all the stockholders of both
companies. ...» : .
Wh ere two railroad companies' are about to
perfect a contract, by which one is leased to the
other, with a provsaion for the ultimate amal
gamation of both companies into one: r
Held, That another railroad company to the
road'of which the leased road is a natural
feeder, and whose road is a competitor with the
leasing road for the through freight and pas
sage coming over the leased road, has such a
pecuniary interest in the rnsnlt .as to make it
and its stockholders proper parties to a bill
charging that the lease is illegal, and praying
that it may be enjoined.
Jackson, Lawton & Bassinger, Lyon, deGraf-
fenreid & Irvin, and B. H. Hill, for plaintiff in
error. - qj.t or t ■
Whittle & Gnstin,' A. O. Bacon, Nishets &
Jackson. G. Anderson, W. B. Phillips, B. B.
Hinton, for the defendants. ; V
FINANCIAL AND COMMERCIAL
. Weekly Review or the Market.
OFFICE TELEGRAPH AND MESSENGER,!
July .26—Evening, 1871. j
Oottoh.—Receipts to-day 12 bales; sales 61;
■hipped —.
The market has been irregular and dull all the
week with a genera] downward tendency in prices.
On the week’s operations prices have declined folly
a J£c—closing quiet and steady this evening at 18
cents for Liverpool middlings. -
“Futures” cioaed in New York to-day as follows:
For August delivery 10)£; September 18 7-16; Octo
ber 19%; November 18%.
MACON COTTON STATEMENT.
Stock on hand Sept, i, 1870—bales... 2,334
Received to-day 12
Received previously 98,570—98,582
v 100,916
Shipped to-day ; —
Shipped previously.-. R 99,825-^-99,325
Stock on hand this evening 1,691
There is still nothing of interest to report in the
money or etoek and bond markets. Both are ex
ceedingly quiet.
The general trado of the city has been mbderately
good all the week for thi3 season of the year.
Prices in tho grocery and provision markets are un
changed. Bacon clear rib sides 10%; shoulders 8%;
Corn. 8115:2125; floor 810 50(2)12 00 per barrel,
according to quality.
Markets— Eveulnff Report.
New Yobk, July 26.—Cotton steady, sales 1800;
uplands 29%.
Baltimobe, July 26—Cotton maiket closed firmer;
middlings 20%; net receipts 58; groES 92; ex
ports coastwieo 35; eales 93; stock 1055.
• Flour in improved demand for new; prices un
changed. Wheat scarce and firmer, Corn, white
76@80; yellow 70@72 Pork 15 59. Bacon steady;
shoulders 7%. Lard 11©11%. Whisky 75%@76.
Cincinnati, July 2G.—Flour declined; new family
5 8G@6 00; no old in market Corn drooping at 68
•<®to. rorK, choice country xa co. imra iojj; ad
vance asked. Bacon drooping; sides 8%<§8%.
Whisky 93.
St. Louis, July 26.—Flour, superfine 4 50@4 75.
Com, only white wanted; mixed sacks 53%@54;
white sacked 57-gGO. Whisky 93. Pork 14 60@14 75.
Bacon, shoulders 7; clear sides 9@9%, on orders.
Lard, prime kettle D$£. -
LomsvnxE, July 26.—Flour steady; extra family
6 00. Com in fair demand. Provisions steady; very
little doing. Whisky 93.
Augusta, July 26.— Cotten, very little doing,
closing firm at 18% for Liverpool middlings; sales
40; receipts 110. '
Savannas, July 26. — Cotton closed inactive;
middlings 19%; net receipts CO; exports coastwise
1E3; Bales—; stock5018.
Charleston, July 26.—Cotton quiet and nominal;
middlings J.9; net. receipts 177; exports coastwise
' •; stock 3489.
Liverpool, July 26, evening—Cotton closed
shade firmer; uplands 9@9%; Orleans 9%@9%;
eales 12,000 bales; speculation and export 3000.
Schofield’s Iron
ADJOINING PASSENGER DEPOT, MACON, GA.
■ tHjii ■splvc-llbiitit *-•
STEAM ENGINES AND BOILERS
of AKrY nEQUiREDiaja e.
SAW MILLS,
GRIST MILLS,
MILL G-EjA-RI3STG-,
REST GEARING,
(ORDINARY, OB GRAHAM’S EXTRA HEAVY), * •
SUGAR MILLS AMD KETTLES,
IRON RAILING,
OF ANY DESIBED 8TYLE, AND AT PBIOES LOWER THAN ANYBODY.
SHAFTI1VG, PULLIES, ETC.,
J. S. SCHOFIELD & SON.
FINDLAY IM
FATEH COTTOH
STILL AHEAD
Our WROUGHT IRON COT
TON SCREW PRES3 is the only
Cotton Frees that has stood -the
test, being used ever since the
dose of the war. and is in greater
and more increasing demand than
any other.
Our WATER or STEAM POWER PRESS is
becoming <* -
VERT RORULiAR,
COTTON GINS.
THE D. PH.ATT.
Shops Established in 1833.
TWENTY THOUSAND SOLD
THE BROW2ST.
BROWN, THE’ ORIGINAL MANUFACTURER OF
THE TAYLOR GIN.
T HESE Gins are SIMON PURE, not HYBBID3,
Of 135 sold by our Senior in 1869 and 1870, but
ONE was taken back; but SIX complained of, and
to but ONE was a workman sent. The Brown Gin
WE offer is of different model to others of his on
sale, and is a perfect machine.
^ These Gins afe WARE ANTED to give satisfac
tion, and all we ask of parties wishing to buy is to
look at them before buying elsewhere. If yon can
not call, eend for circulars, by addressing ~
JOHNSON * DUNLAP, Agents,
72 Third street, Macon, Ga.
jun28 2awA18w
NOTICE.
are hereby notified not to trade for
_ a note given by the undersigned to C. C. Clay,
for two hundred and fifteen (8215) dollars, on the
1st of this (July) month, payable cn the 1st day
of December next, the consideration for said note
haring failed. B. F. CHAMBLISS.
Z. D. CHAMBLISS.
Russellville, Ga., Jnly 24,1871. jn!27 dltwlt*
GRIFFIN FEMALE COLLEGE.
T HE Exercises of the Fall Term will begin on
Tuesday, August 8th, and continue four echo
ic months. The Institution is in a flourishing
neces-
irough
lastio m MW
condition.. It is supplied with everything i
sary to enable young ladies, to pursue a thoi
and competent course of study.
Griffin is noted for its healtbfnl climate, pure
water and good society. The moderate charges-in
tins Institution commend it to tho favorable con
sideration of parents and guardians.
Tuition in the College Department, 820; in
Hnsic, the same.. For farther particulars, address
july26dltwlm A. B. NILES, President.
G eorgia, obawford county.-sixty days
after date application will be made to the Or
dinary of said county, for leave to sell the lands
belonging to the ett&te of Washington C. Cleve
land, late of said county deceased,
july 26-C0d WILDE O. CLEVELAND, Ex’r-
iG( EORGIA, CRAWFORD . ,
VI aftor date, application will be made to I
. tpplioAti
Court of Ordinary or said county for leave to sell
all-toe’ Real Estate belonging to N. Andrews,
deceased- W.
July27 w2m
eg_tt
, H. ALLEN,
Administrator.
/I EORGIA, CRAWFORD COUNTY.—Will be
VX 8013 or * the First Tuesday in September next,
within the nsnal hours of sale and before the
Court-bouse door, in toe town of .Knoxville, in
said county, all of the Real Estate belonging to
Green Duke, deceased, consisting of One Hundred
Acres of Land, more or less. Sold for toe benefit
ot the heirs and creditors. --.iiian
July27 w2m J. B. BEARDEN; Adm’r.
/~i EOBGIAPUTNAMCOUNTY—Whereas.Mrs.
VjT Francis H. Herbert, administratrix of the es
tate of Benjamin P. Herbert, has applied to me for
letters of diamisalfkom tbe same.
These are therefore to cite and admonish all per
sons interested, to be and appear at my offioe on
tbe 1st Monday in November next, to show cause, if
up, why said letters should not be granted.
old not begranted.
D. H. REID, Ordinary.
QEOBGIA, PUTNAM OOUNTY.—Sixty daysaf
ter date application will be made to the Or-
for leave to aell tost portion
toe whl of William Spivey
_ time use of Mrs. Annie
Bptvey, widow of the said deoeeeed.
July SMOd B. W. JOHNSTON, Ext.
dinary of said county, to
of tbe land set apart in t
deceased, for toe life
Being tbe
MOST ECONOMICAL
to those hsvir g a
WATER POWER OR STEAM ENGINE.
It can also be run from the band wheel shaft
of gin gear. *
Our HAND PRESS (-'ndeed, as all of them are,) is
too well known, and has established itself as the
PLANTER’S FAVORITE. As there is no comparison
between a cast and a WROUGHT IRON SCREW, we
do not recommend CAST IRON SCREWS, though we
make them for those wanting A CHEAP Press.
Send us your orders, or send for Circular and Price
HEAD OF THIRD STREET, SIGN OF “THE NEW FLAG.”
MACON, GEORGIA. .. ‘.V"'
THE LARGEST m THE STATE.
SKILLED LABOR AND MODERN MACHINERY
ALjIj work WARRANTED. i
INortliern Prices for ^lachtnery Duplicated.
STEAK ENGINES OF ANY KIND AND SIZE.
FINDLAY’3 IMPROVED CIRCULAR SAW MILL- MERCHANT MILL GEARING, most approved
kinds; SUGAR MILLS and SYRUP KETTLES; IRON FRONTS, WINDOW SILLS and ft
LINTELS; CASTINGS of IRON and BRASS of every description, and
MACHINERY OF ALL KINDS TO ORDER.
I R O IST RAILING,
.OF ELEGANT DESIGNS, AND AT PBIOES THAT DEFY COMPETITION. • ’■ »
®TNo CHARGE FOR NEW PATTERNS in f orniehing outfit of Machinery for Saw or Merchant MUls.tia^
, I* ALL
Competent Workmen furnished uf on application to overhaulEngines, Saw Mills, etc., in any section of
the country. .
FINDLAY’S SAW-DUST GRATE BAR
SHOULD BE USED BY EVERY SAW MILL PROPRIETOR. '
Millstones, Belting, ClrctiFar Ssw^Stesm Fittings,Babbitt Metal,etc.
FURNISHED TO OilDER. TERMS, CASH OR APPROVED PAPER.
Patented February 27th, 1871, by FINDLAY & CRAIG.
An ANTI-FRICTION SCREW—A MEGHAN-
TDK WILCOX PATENT HOUSE POWER
Wo claim to bo SUPERIOR TO ANY OTHER for Ginning Cotton, tad it Ia tho only Hone Power
made that we know of that can supercede tho ordinary Gin. Goar.
J. S. SCHOFIELD & SON.
my28 eutuwedfrdwtf
A. E. ADAMS.
, M. BAZEMCHE. SHAD EACH WAKE.
Adams, Bazemore & Ware,
PLANTERS’ WAREHOUSE,
w:
FOURTH STREET, MACON, GA.
E have admitted- Mr. Sbadrach Ware to our
business, tbe new firm to go into effect on
and after the firet day of September next. But all
drafts accepted by Adams & Bazemore on the pres
ent growing crop will be assumed by the new firm*
We will in toe future, as in too past, give our
whole attention to toe storage and sale of all cotton
entrusted to us. Our warehouse is, as is well
known, commodious, newly built, and fire-proof.
Liberal advances will continus to be made to our
friends. mav28 dAwSm
A. rB.OCXiA.BX ATI ON.
GEORGIA:” ' .
By Rufus B. Bullock, Governor of said State.
WHEREAS, There is now pending in the Superior
Court of Gilmer county, a Bill of Indictment
charging La Favettk Sims, Thomas Seastabd and
Samuel Spenceb, with toe crime of murder, al
leged to have been committed upon the body of
William Cox, in said county of Gilmer; and
Whereas, It is made known to me that the'esid
Sims, Beanyabd and SrxKczn cannot be found in
said county of Gilmer, and havo made their escape :■
Now, therefore, I have thought proper to issue
this my proclamation hereby offering a reward of
ONE THOUSAND" DOLLARS EACH - for toe ap
prehension and delivery of. the eaid'LA Fayette
Sims, Thomas -Seanyabd and Samuel Spexceb, to
toe Sheriff of Gilmer county, and -ah additional
reward of ONE THOUSAND DOLLARS each on
their conviction.
Given under my h*nd and the Gre»t Seal of the
State, at the Capitol in Atlanta, this tenth
day of July, in the jear of our Lord Eighteen
Hundred and Seventy-one, and of the Inde
pendence of toe United States of America the
ninety-sixth. RUFUS B. BULLOCK.
By the Governor,
DavS G.
July 27-d3 twit
Cottixg, Secretary of State.
SOUTHERN
MASONIC FEMALE COLLEGE,
COVINGTON, GEORGIA.
T his Institution is nnder toe patronage of toe
Grand .Lodge of Georgia. Curriculum and
terms as heretofore. .Tbe Fall Term begins the
15th of August, and ends the 15th of December.
For circulars, address
REV. J. N BRADSHAW. -3
Jol}25Sw President,
CANCERS CURED.
H AVING been afflicted with Cancer, I was cured
in too year 1856, after trying many prepara
tions and Cancer doctors.
I ha re no new remedy to offer bnt toe same old.
remedy with which I was cured fifteen years ago.
I have since been practicing with toe came remedy,
and have been successful in a number of cases, a
faw of which I refer to below, as living witnesses
of the virtues of my medicine, some of whom,
like myBelf, have been cured a number of yean,
and yet have no symptoms of Cancer returning:
Mrs. H. B. Bloodworth, Liberty-BUB, Ga.; Mrs.
Fannie Settle, liberty Hill, Ga.; Mr. J. D. Boyd,
Griffin, Ga.: Mr. Wesley Reid, Zebulon, Ga.; bus.
John Stillwell, Griffin, Ga.; Mre. Mary Thurmond,
Indian Springs; Ga.; Mrs. Jam. s Carmichiel,. Mo-
Donongh. Ga.; Wm. N. Fambrou^U, M. t>., Senoia,
Ga; Mr D. G. McKinney, (Houston co.) Macon,
Ga; Mr. Jas. Douglass, Gre nville, G- ; Rev. H.
T. Dicken, Locust Grove, Ga; Mr. li..Dj:ton, Fa-
yette Station, Ga ; Mr. Wm Hirlc c-s, Jackson,
Ga ; Hon. Thomas M. H&ikncss, tat. Representa
tive from Butts county, Jackson, Ga.;' tfrs A. Mad
dox, Indian Springs, Ga.. Mrs. E’iya Hi t. Forsyili,
Ga.; Mr. Willis Ik.iv.ion, Foreji A. Nall,
Griffin, Ga.; Mrs. Green Duke, ... V \ Hi i. Cto.-
Mrs. A. Porter, Griffin, Ga.: Mr^ i. jtc:. Ward-
law, Bamearille, Ga.; Mr. D. Louis, Barneeville,
Ga.; Mrs. R. Goodman, Montieello, Ga ; Lou(color-
d.) former servant of B. W. Co-lier, Indian Springs,
Ga. The above is only a few of the many names
that could be added to the list.
I take pleasare in stating that Mr. J. M. Hard
away made a perfect cure of a Cancer upon toe eve
of Mrs. M. J. Bonyer after she had been treated by
several physicians, and her Cancer pronounced in
curable, and I cheerfully recommend him to all
afflicted with Cancer. GEO. B. TURPIN,
* Insurance and Real Estate Agent.
I cheerfully bear testimony to toe fact- of Mr. J.
M. Hardaway having performed a perfect cure of a
cancer upon Mrs. M. J. Bony ex’s eye, after eminent
physicians had failed to relieve her; and I firmly
believe his Cancer treatment to be a specific for
Cancer. L. A. HANSE, Macon P. O.
To tlie .A_fflictecL!
I prefer not treating doubtful cases. After sat
isfying yourself describe your cancer to ms and I
will give you my candid opinion.
At your rcqoeet I will visit your houses when cir
cumstances peimit.
My residence is twelve miles east of Griffin, Ge..
hich is my nearest express office. . Money may be
sent with safety in registered letter. Communica
tions strictly confidential and promptly answered
when stamp and envelope sent addressed to your-
Address J. M. HARDAWAY.
Liberty Hill, Pikooo., Ga
Those to whom it may be convenient, w*7 call
upon T. J. Hardaway, Southweatem Railroad, who
attended me in my affliction and haa been with me
in several cases since. He may be addressed
through the noaioffioe at Macon. Ga., or Ettfanla,
AMwma. J. M. HARDAWAY.
JolylS-oodAwtf
IOAL WONDER.. This wonderful mechanical achievement- in point of RAPIDITY and LIGHTNESS
of DRAUGHT, STANDS WITHOUT A RIVAL, and is destined at an early day to supersede ALL OTH
ER Cotton Screws, be they fabricated of. Wroughtor Cast Iron. We append certificates of several well-
known planters, using the “ECLIPSE PRESS”:
Colatarchee, Ga.. December 21,1870.
B. FINDLAY’S SONS l Ejndlay’e Iron Works, Macon, Ga.:
Dear Stas: Late this fall I purchased from yon one of your-Findlay & Craig Eclipse Patent Screw
Cotthn Presses, and, after a full and fair trial, do not hesitate lo pronounce it the most rapid, of light
est draught, most powerful—in fact, toe best (without an exception) Cotton Press I ever saw. Between
this and all other Iron Screw Presses I have ever seen or used, there is just simply no comparison.
Every planter should use your Prers. JOHN L. GILBERT.
P. S.—You may consider my order in for two more of the above Presses -for next season, and mar
look for many orders from this section ; my peigbboia a to determined to have them, as they can pack
by hand twice as fast as any of toe other Iron Screw Presses can by horse power. J. L. G.
Bibb County, Ga., November 25,1870.
S. FINDLAYSSONS:
Gentlemen : I bought one of your Eclipse Screw Cotton Presses early toe present season, and have
pressed nearly toe whole of my cotton crop with it, and so far it has given entire satisfaction. I am writ
pleased with it and thick it a good Press, and an improvement upon any and all other Presses now in use.
JOHN J. RILEY.
Wooten, Ga., January 4,1871.
Messrs. B. FINDLAY’S SONS:
Dear-Sirs : In reply to yours of yesterday, I have to say that tbe Eclipse Cotton Screw, purchased of
you, has performed admirably; *
Yours, very truly,
Hike it better than any screwl havo ever need.
G. M. STOKES.
ction, eo
is, at every turn of tool
The device of the tube or nut in which the screw works, is such as to materially reduoe the :
great in the common screw ; thereby rendering it an easy task for three hands to pack a bale of cotton
in HALF THE TIME of ANY OTHER Iron Screw Press' by horse-power. [See J. L. Gilbert’s certifi
cate). When desirable, an ordinary mule can'be substituted for three men without change of fixtures.
(8crew Presses also arranged for water and Bteam power). We claim for the "ECLIPSE” SIMPLICITY,
STRENGTH, DURABILITY, RAPIDITY. LIGHT DRAUGHT, and STANDING BOOM at top of box,
eta, eta; in short, tee pronounce it toe BEST Screw Press IN THE WORLD, and respectfully invite a
publio teat wit any and ail other Screw Presses. To.purchasers, we GUARANTEE SATISFACTION or
REFUND PRICE MONEY. Orders daily received from different States attest it* popularity even in in
fancy. To parties who may.not desire such rapidity in packing, we can supply them with toe COMMON
WROUGHT IRON SCREW of fine (slow) pitch, and warrant them equal to any other Wrought Screw
manufactured. But above all others wo recommend the strong, rapid, light draught "ECLIPSE,” *
Send for price list, eta -
CRAIG’S PATENT HORSE POWER,
ron imiviua cotton o-iivrs.
jljmiuiuutMMimrtittriBTOuaBm amnra.miiluijiinurrniwinminwm-”05*1 rtr.-muw -imi,tiw 1
1 %.
r p
r 1 Ml
l I
i
m
|
FOR GINNING COTTON, CRAIG’S HORSE POWER is as far in advance of toe ordinary Gin Gear
as the ordinary; Gin Gear is in advance of ALL THE OTHER HORSE POWERS now advertised and
manufactured m the Stale.
We are WILLING and ANXIOUS to PROVE this, if allowed an opportunity of a PUBLIO TEST.
SAMITE L Y. GREER,
(Successor to Diali||M and Greer),
Fire Hose Manufacturer
590 WORTH tTBEET, PHILADELPHIA,
ESTABLISHED IN 1821.
S TEAM Fire Engines, Forcing and Section Hose,
Leather and Rubber Baotote, Pipe, Nasals,
Screw, and Patent Coupling of allUnde. febOKwl
upon tbe ground,
as prefemd.
The Gin may be located at either end of toe Gin-house, or directly brat the machine,
WE GUARANTEE WORKMANSHIP, MATERIAL AMD PERFORMANCE,
And further, we will legally obligate ourselves to REFUND PRICE MONEY where machine fa&a to
perform satisfactorily.
We challenge any and til Inventors and Makers of Horse Powers, to meet us in cn actual teat, and
produce the equal of this Machine for driving a Cotton Gin.
We manufacture two sizes—No. 1 for driving 50 and 60 Saw Gta; No. 2 for 40 and 45 tew Gin. TOi
Power wiUepeed a Gin, haring an 3 into pulley, (standard size), THEE HUNDRED KEYOLUHOH8
PER MINUTE—calculating the mules to moke three rounds per minute, or Two Handled and fifty Rev
olutions with the moles making only two and a half roundspsr minute—(a very low estimate)
Send for CIRCULAR containing PRICE LIST apd XESTTMONIAIfi.
H. I. Kimball’s Brunswick & Albany B. B. Honey Taken !r Payment ffer
Old Accounts or for New Orders,
juafeodtf
ruLAY’s sons,
tv Iran
