Georgia weekly telegraph and Georgia journal & messenger. (Macon, Ga.) 1869-1880, August 01, 1871, Image 5
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