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■totoUra
JOS i S & REESE, Proprietors.
iJSBY,
sjablishbd
GEORGIA TELEGRAPH BUILDING
Volume LXVJI-No.1?
WtBM&EBSMW—B—i
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AJNX> GEORG-IA JOURNAL fe MESSENGER.
The Family Journal.—News—Politics—Liteb at ubh-—Agriculture—Domestic Affairs.
jIACCXS, TUESDAY, SEPTEMBER 2,1873.
u rclegrapti k nailing, Arcoh
■ one year $10 00
600
100
Jcontla-
•^y Teieglraph and Messenger, 1
400
200
58 eolamnfl, 1 year.
advance, and paper stopped
money runs ont. unless renewed,
™
fofi tSEOBGIA PKESS.
| ^rwassbsddfly for State papers.
I 11 },, teiched this office and two of them
JlilmU pap ers -
| Monroe Superior Court is in session,
vjiho local bur present, the Advertiser no-
jai<ge A. M. Speer and David J. Bailey, of
r, , Cnlonel Thomas J. SimmonB and John
aiord. of Macon; Colonel O Peoples, of
.Lionel J. A Hunt, of BarneBville.
J^i following items are from the Monroe
Uttiser of yesterday:
riiiaVtT*:*^ ,bat ^ J° bn A Hutchinson,
I” .setessful farmer residing in the lower
*H«fthe eonnty. has not nsed an ear of oorn
.La in 18T2, having on hand a plentiful
, c { old com of the crop of 1871.
r- Dmss informs ns that a stranger,
UjjJttlj of Irish descent, came to Cnlloden,
Pt9-bend complained of being qnite nn-
*7 ji-jor Poole gave him quarters, nntil the
he died very suddenly. From a Jet-
,.7—jopon bis person they judged his name
CtOeayera. He was about forty years old,
jfridntly a mannal laborer. The good peo-
'.j coiioden gave him a decent and respect*
* interment
[7a several days past we have heard startling
1 n« of the rtvages of the boll worm in the
Unwilling to believe that much dam-
been done to the ootton, and thinking
Sports bed been exaggerated and the real
77,, magnified, we interviewed a number
battoo p'ant era from different portions of
i scanty, on last Saturday, and were con-
el thtt the reports were trne. Some very
jj^rtt end observing farmers deolare that
.thitdof the cotton has already been entire-
|ti»tr°yrd from this cause alone. Others
«tte di-msges less, bnt all cononr in the
KEt that the damage is very great.
I buna is about to commence the erection
lfit»e>tb«dral.
I fa SisttriL LiyaESCE, of Atlanta, Past
feed Muter of Georgia Free Masons, is en-
din revising and preparing for the press a
■mo! the lectures delivered by him daring
h sue thtt be was Grand Master.
I fc. 1. W Si'NE, of Savannah, is gathering
■oat in Dinver Gity. He has ordered his
i ind chattals to be sent after him. Sa
nk m-inras not, neither does she lament.
I In fronts of converting Tybee Island into
of summer resort is about to be corn
eal
Ita Smnnib News is responsible for the fol-
w
It country lawyer, who manipulates the
MtdnliM A and B” onoe in a while for some
tieenmerousermy of bankrupts nowmarch-
5-o the front, exhibited his legal precision
liittk in a petition died in the Bankrupt
b by the following description of some of
Vowing personal estate: This is verbatim.
jaitd and brindled cow with 14 rings
(sbrbores named “Suckey” $10 00
s»w and calf, yaiier and black, cow
tincd “ Wild Back,” with a bob tail ...16 00
Bared listed sow with a litter of eight
■pitted pigs. Pigs right pert 10 00
ptbd smy mare, 20 years of age, very
|ilacd unfit for service. Mare name
“to" 10 00
hfeu’er spoons (long in ose) one oon-
Nntbly bent, worth—5 centsper piece. SO
ptpin. cradles, with Inger Rubber baby
Jwptg rings, worth (ail told) 2 80
idler Ball’s eye watch, badly won?... 5 00
* old strawberry speckled, slit-eared
I has mule, mule name “ Cross-eyed
I Dick," bsd for kicking—worth 60
In Thomasville Times has the following
ppitem:
I Oattporta from various parts of the county,
pai-T discouraging on the whole. The oat
HWUr and rust, are both damaging the crop
Jit) many sections. These tronbles, how-
■ J• °ttly in spots, and by no means gen-
l"f understand, furthermore, that where
|r® “• been kept clear of grass, that the
■■wp is vary slight, or none at alL
1 Gusbtoxe s an improving place, if one may
t a correspondent of the Atlanta Conatitu-
i>*bo writes:
J««» ago there ware not five hundred in-
IP. i ’ tod not a B’uglo house had been built
E25* y * trB ; now there are at least 2,600
‘lists, and since then not less than 300
h tww* * l ** n Wit In 3870 there were less
Eh ik* wotlb °f merchandise, all told,
I - “ the plsoe. Last year the sales of mer-
_ "footed np tbe grand sum of $450 000—
Kfci/iiT million In 1870 the asesaed
Li ® “1 “* property in the town, both real
IH7> 27*551 was $86 OOO; in 1872 it was
klTr .' corporation has not been en-
In 1870 there were eight bales of oot-
■ «a by p| 8n t erg in thia mar fc et . in 1872
Vil, w#0Ter 2.300 bale3 sold by the planters
,-merchants here, and from 300 to 400
ll'H . 7 Planters at this point—making soma
|W *** *u all shippid from Gainesville
lit j, ’ years ago there was not a
jtv,? ^T'here in the vioinity of where the
rVbJ* 0 * now stands. Now there fs a
Iwjl, r fonr story brick hotel, and several
l , k‘rt!r*V : ? ry bricb stores, besides ser
I in , bni ' ain 8 s for stores and reBidenoes.
* ala ® srald °f yesterday has the fol-
^* si!nra that we annonnoe to oar
•bd, ,rie uds of this great enterprise
Il’W'i u Atlanta and Riohmond Air Line
I- ' : ' ntire’y completed. All the
daubed, every foot of traok laid,
tDick »*•’ ^ riv ’'° home. At last a cintin-
,ron unites Charlotte with Atlanta
lii^ tlLCoo8W]EIX, ‘ colored, is to be hanged
Ito-morrow.
•-Tt! tTTIS0 *> ffom Maryland, is operating
office at MiUedgeviUe.
- ’”**0 Superior Court is in session.
I J-HuusT. Bayne, after a long illness of
kjj^ t0eam o n ia, died in Hilledgeville on
r'bM)'^ n ® ne8 h® 78 received their guns,
I 1TIB 8 Iheir uniforms made.
k,7 Hmoje of Hilledgeville, is rap-
|lh ^ rom b l s l ate alarming illness.
L ( „ '^•dgevill 6 Union and Beoorder has
Pij. 0,,D 8 to say of the approaohing State
L*W|
* J' 000 ,ast weelc on the Macon and
_ w *y give us a good view of the
^ a,r Grounds at Maoon. Important
q ~* w * been made under the ener-
k*CT otl of Mayor Hnff; and we do
A», to prononnoe the Fair Ground,
j’ °f Macon, as very far*superior
k ^,«Hity to any others In the State, per'
Ions, , f 8 ir at Maoon is destined, be- J on bL
WhW*° both 0 musfbrilllantaffair of the d0
to ever oome off in Georgia. We
-3-3J. ." r toidera in another column an ad
‘for w b , odyiD 8 tba premium list of this
% ha " 0 tturt the “fair ladies and brave
'■>ofi«fj this list throughout the large
tur.. , . or and Southern Georgia where
tote. 0 c ’ r . c ®I ate Si will discover that they
anioies and oompete for some of
these premiums; and we bespeak for the fair
itself a magnificent and unparalleled attend-
?““®* Hoff . tak “g 0 v 0 ry possible step
to make Ml the visitors to Maoon on that great
occasion happy; and by bo doing, he and the
Maoonians in general expect to be happy.
Mbs. Sophia. W. Habqsovx, one of tbe first
settlers of Columbus, died Sunday morning.
8 00 T™ Lumpkin Independent of Saturday, has
1 60 the following items:
A sicau. alligator was killed below Soott &
R chardaon s mill last Saturday and bronght to
town and exhibited.
. 5osl b ' a Httle daughter Djllie,
a bright little three year old, on y eaterday. She
was taken very suddenly with congestion of
Inngs and brain, and died in two horns after
the first attack.
Mb. John Hiohtowhe reports caterpillars In
great numbers on his plaoe just three milts
North of town. They are eating np the tender
buds ana leayes 9 and the hopes, until recently
entertained that they wonld postpone their
visits nntil too late to do mnoh Iiijnry, are dig.
polled.
The Augusta Chronicle and Sentinel, of Tues
day, haB.the following:
Yesterday, as the down way freight train on
the Georgia Railroad approached the forty mile
post, two miles above Thomson, the engineer
discovered two colored women on the traok
ahead. He blew the whistle as warning, and
one of the women stepped to one side of the
road. The other, however, kept on down the
track, and before the engineer oonld halt the
tram she was struck by the pital of the engine
and knocked off. One of her legs was broken
and she was badly braised abont the body. She
proved to be a negro womsn named Lonisa
Worrell, living in the immediate vioinity. She
has no one to blame but herself, as she was
warned of the approach of the train in ample
time to get ont of its way.
A “cholera bomb” weighing sixty five pound i
is tbe latest missile of destruction thrown into
Rome. It was forged in Alabama.
Mitchell* Goqswell, negio, will be hung at
Savannah on Friday night. Mnrder.
The Ohroniole and Sentinel reports that the
caterpillar is depredating extensively in the
Carolina cotton plantations opposite Augusts.
The same paper learns that the boll v»orm has
made its sppearanoe in Jasper county.
The Oolambns San says:
Governor Smitb, in reply to the application
for a battery of guns for the proposed artillery
company here, states that the appropriation wiil
only justify the purchase of a single battery—
tbe cost of which is five thousand dollars—and
that has already been promised to tbe Chatham
Artillery, of Savannah, -which is the oldest com
pany of the kind in the State.
The Honston Home Journal says this has been
the sickliest season Perry has had for many
years. For the last week or two nearly every
family in that plaoe and neighborhood has had
some of its members uuder medical treatment.
Tbe diseases are principally of a mild billions
type. ° *
The last Washington Gazette has these items:
Kicked by a H«bse and Sebiously Injubed —
We learn that Mr. Broderick, a sowing machine
agent, whoae headquarters have been at this
place for some time past, was kicked by a horse
at Sharon, in Taliaferro county, a few days ago.
His jaw bone was crushed badly, and he was
considered to be seriously hart.
Coon —Tbo nrnpm throughout Wilkes CUUDty
are fi .e as ever grew npon the ground. Noth
ing bas failed except corn which was planted on
low gronnds. This has be *n injured, and in
some oases completely destroyed by ovetflows
and by too mnch rain. The corn on uplands is
as fine as tbe soil can produoe. The ootton is
superb where it has been worked and we think
a very fall crop will be gathered if no disaster
overtakes it.
Rattlesnakes in Talliakebbo County.—
The good old county of Talliaferro, jant across
Little river from Wilkes, seems to be getting
fall of rattlesnake^. A letter from a friend
in Orawfordville informs ns that one was killed
on the 12th inst., two miles from that place,
which had thirteen rattles. On the 14th one
was killed on the plantation of Dr. Perkins,
near the Pope plaoe. which measured five feet
in length, eight and a half inches aronnd the
body, and was the possessor of sixteen rattles
and a button. On Monday, the 11th, a very
large one was killed three or four miles from
Orawfordville with thirteen rattles. Another,
said to be larger than any of the above men-
tioned, was seen a few days ago near the rail
way a few miles above the town.
The same paper reports the commission of a
most brutal murder in that plaoe on last Satur
day week, tbe victim being a negro named
Hamp Bonner, and the murderer a white man
named William Sisson. The Gazette condemns
the mnrder as a most infamous crime, and
one that should be promptly punished. In all
of wbioh we heartily concur. It was a hor
rible affair and deserves the swiftest, heaviest
vengeance of the law.
The strike in the Graniteville faotory near
Angnsta has oome to ah end, the operators de
oiding to resume work on the four week's pay
ment.
Abbived at Pob» Royal —The Chronicle &
Sentinel of Saturday has the followings
The ship Lady Dufferin arrived at the wharf
in Port Royal Thursday night direot from Liv
erpool, which port she left Juae 28tb. She
brings a miscellaneous cargo of eleven hundred
tons of freight for the cities of Augusta and
Savannah. This is the second trip that the
Lady Dnfferin has made from Liverpool to Port
Royal. The captain reports thirty feetof water
on the bar. There is » great necessity for a
ootton press for compressing ootton for foreign
shipments at Port Royal. The Captain of the
L ady Dofferinregrets not finding cotton presses,
which he says would enable him to take his
cargo of ootton at a cost of five hundred pounds
sterling less, to say nothing of the expense of
twenty or thirty days delay. We are Indebted
to Captain Moore, Superintendent of the Port
Royal Road, for the above Information.
The “Lady Dnfferin” has 1,000 tons of ties
on board—500 for Messrs. Warren, Wallace &
■Co and 600 for merchants in Savannah. The
vessel was consigned to the order of the above
named firm, at Port Royal harbor. This Is di
reot trade in earnest, a beginning of what is to
be done in the fntnre.
The Savannah local news of Saturday may
be briefly summed up. A baggage wagon driver
named Edward MaOormiok, had one of hia legs
broken by the Hek of a horse; and a negro boy
named Joe Green, was probably fatally injured
by being struck on the head by the hoisting
block of the steamship San Salvador.
The Athens Georgian reports the burning,
by an incendiary, one night last week, of a
barn belonging to Mr. Eugene Heard, of El
bert oounty, with 200 bnabelsof wheat and a
male.
Athens must be uncommonly short of ohange.
The Georgia says:
A man tendered a twenty-dollar bill to an-
other in payment of an aooount Monday after
noon. They at onoe adjourned to the urat store
to ohange it, and right afterwards to the store
adjoining and so on down the street. When
last beard from they were working towards Au
gusta, and one of the party had sent for his
winter clothes.
The same paper tells the ohampion “whop-
of the season. It oan go ahead withont
before day Sunday morning, and he taking hia I FREPABIH6 FOR TOE WAB PATH.
wd fladiog p. wnMI cuup—W.ltlo.
but he Tint ,nn>iri nn f arrival, Warriors Flocking to «l»e Pawnees,
moned some neigh bars and went in° quwt tb ?° m * baHer ‘ la > An 6“ t H -1
of the traant. Going to the stream she Mr * Jnlin8 Me * er * 0t «ned yesterday from a
found the miesiDg man seated noon a ^/oM 10 Pawnees. He speaks the language,
rook, and npon the party requesting has tafinently traded with the tribe for Indian
him to get up and aooompany them home he ® arioait ies, and has many friends among them,
told them that the Almighty had sent a inde- They may frequently *» seen about his Famam
ment npon him ar,d he had beoome apart of the 8t ? eet wi 8 wam when to 0 y oome to town, and
rock and could not move. His friends, thick. . e ,“ he 8 oea amoD 8 them they return his hos
ing that he was only jesting, took hold of him k^rest. '
and attempted to move him, when he com- 0n th,s ™ ,t h ® foona tbe trib8 caEa P ed thr00
menoed soreaming at the top of his-voioe and mu les ,rom their * 000 *Yation, across the Lonp.
asked them for God’s sake not to attempt to lift T " # * ,rri ®» were painted in black, and signs ■
him np, as it would murder him. He farther „ jt™?* 8*ief were everywhere visible,
informed them that he htd been informed by an He - ed ^ u . h their ohIefa *»d with several j
unseen piesenoe that, as a judgment for his I warr, . or8 » an “ out on0 sentiment seemed to per-
profanity and Sabbath bfeaking, he wonld never vade 1116111 aH—sorrowfor their loss in their late
be severed from his present seat, bnt wonld re- ® c 8 a 8 ement with the Sioux, and a determination
main fastened to it all his days, and that he „ rev f r Ilge * u A . . „ . , .
would be made to preach his one fnneral They Mr ‘ “ eyerbad an interesting interview with
say he talks qnite freely, end is visited by lm- ° ne 01 the chiefs whose Indian name is Tirra
xnenee crowds from this and adjoining counties. 0s " a L» Sharro. Be said the Pawnees had
Several parties, we learn, from this plaoe and inade 3 np th6,r m, “ da *° fl « ht the 8 . ioD *- .®nd
Wmterville, went to see him Wednesday, but nobody, not even the Government, should stop
has not as yet returned. We only give the lhem * ** 0 8Md that his people mourned more
above as a rumor that has been provMent in our b ^?, anse tbe 8 !° nx had klI,6d tb ® Ir wlV8a ani J
city all tbe week. We will let onr readers hear oh,ld . ren th8 y would if a like number of
the truth of it in onr next issue warriors had been elam; that the 8ioux had only
killed twenty-two men, but that they soalped
Fishing at the Thousand Isles women who were non-combatants and defenue-
a «r> n . , * | less. He said that they made a great fire of
, eepondi nt makes an up-oonntry- buffalo which they had captnred from the Paw-
man 8 month water with tales of fishing among I nees, and then threw their babies npon it and
the Thonsand Isles in the river St. Lawrence, burned them alive.
Here is an illnstration: Mr. Meyer saw two squaws who had been
... t , soalped by the Sioux. One was the wife of Sky
» hS St ‘ Lswren . ce iB tb / mns Chief, who was killed. They were lying on the
'T?! 8126 ’ andneve T U r o® ad « great distress, and it was believed
fstJs Lnt They are that tb ®y w ° Qld not Hv® more than another day.
hf twa’en n«n« An S"*? While tbe chief was talking wails of distress
TT^n 9g denBba 'B h - could be heard in every part of the camp—
163 th6 b, « gel91 mn !- The chief said the Pawnees were gathering
^‘? 1 th, “ onot Tb ® inhabitants thei r friends, and that they wonld monm to^
SEf ? ba , r T», at Bn ^ et BB K«'b«r till the full moon, then they will go and
1WI« /“ S 8 i? ab ] n 8.Lvery. fight the Sionx He 8aid that the 0toeB Win .
, b ° dyl8 ^ l6r f‘ ed * J her ® 18 8 r,va ' ry between n | bagoe8i Omahas, Poncas and Yanotones were
^ the ” “• b8t »® en th ® their friends and that altogether they could
mfi ?2rS?lS ge the muster a force of between 1,600 and 2 000 men.
rnnl ^ „ f l 8 b ° w of bl8 On his way back Mr. Meyer met fifty Otoe men
thfCfrn ni h Tl 86 fl n - As going to the Pawnee camp. They bronght
. "SSI.“2 V,U8K ' 8 A b f fla 3 8at ® with them a number of horses, which they
" 66 ° 8 a ™ y ™ tbf?lasae8 > and thetown be- de8igae a as a present to the Pawnees. He did
SKhS snl ti? i y n=f r ?S - ^ p “~ not count them, but thinks there were abont
tioular boat, and the monster is earned to the onB hundred
boar6 . atThe J “ cky 8port f' Mr. Williams, a white man who lives with the
? ° araman r , ep f ats Pawnees and acts as assistant to their “farm-
JL Ja tbl0DgB 0t 0thet eT ” wa8 with thenrfm the hunt. He told the
; L. .. , | Chief who talked with Mr. Meyer that the Sioux
, h i ; g0 fi_ v6 n b j 6n ® an 8 bt bere that were j„ fhe vioinity on the day of the attach, j
weighetl six y five pounds. The average weight, | bnt , he lBdiaD8 won * la not beli eve him. They |
UncondUlonnl Surrender.
bzlaubaw ledyabd.
'A bonoie laeeie’—so they said;
The laddies turned the lassie’s head
Wi’ siugin’ ane and a’
About her starry glancin' oen.
Her partod lips wi pearls between.
An winsome dimples sms.’
An’ who shall lead her ont to dance.
An’ where will fa’ her witohin’ glance,
. An’ wha shall tie her sboon ?
I dinna find tbe flirt sae fair—
Thers’s sweeter laaeies ev’rvwhere;
. Ye lose your hearts fu’ soon 1
’Twae ao I spoke wi’ anger fu’
To see the lads a’ peekin’ through
The trees where she maun hie,
I lead the danoe with Effie Lee,
An’ all ye laddies follow me,
An’ trip it merillie!
But just before the danoe begun
I turned and saw a little one—
Alas for Effie Lee!
A little one wi’ starry ’sen
That whispered, ‘N&ne w II danoe wf Jean;
Will ye na’ oome wi’ me ?’
I sew her ’een sae sparklin’ fair,
A’ little waves o’ sunny bur,
An’ winsome dimples sms’
Her twa wee hand* upon my arm
I could na think it ony harm
fin’ followed her awa’.
An’ now Tm dancin' down the street
Behind her wee bit twLklin’ feet,
The deftest lad of a’.
The maddest o’ the mony wights
That eight o’ days an’ dream o’ night—
My wits have fl.wn awa’.
An’ oh I to lead her out to danoe;
An’ oh! to oat oh her witebin’ glance;
To tie her little ehoon!
If Jean is here the time has oome;
If Jean is g&ne I maun gae home:
She lingers, ’Us too soon.
She’s cornin’ near, I hear! I hear
Her footsteps on the grass!
An* will she bide, or torn aside
Anitber way to pis*!
Soft! twa sqm’ hands have closed my eyes—
I dare na’ torn my head.
‘Wha is it, Jamie, hither hies
Tc seek tbee in the mead ?'
I ken fa’ well— I shall na tell,
I’ll keep her here wi’ me;
Til gladly die, a&e daft am I,
Gin she wonld bide awee!
[Scribner’s for August.
i 11 } irty p ° nnd9 * f ™®F bit ® said, “the white man lies He sees buffalo, and
^ addyat ’ h n 6 “ ial , or . Mt l r f and b ® wants the Indians to go away bo that he oan
hundred lln nn^S k f Jk® W* *»’ tbflm tor himself."
K ^ ‘ Williams, accustomed to Indians, was not
aJ b6 battl ° t0 afra 'd of them, and. although he wished to keep
8 l ° i 8Dd fier0e * the Pawnees and Sioux separated, he did not
m. „ °S A i D^ t> DITC,E ®'” 7aHT - appreciate the danger that wonld result from
The late Rev. Dr. Bethune, well known to tbe j r onm j ng together. Accordingly, he was
£" H ““ y * J teadelCB ’ wb0 flpent b19 . 8nmmer quietly skinning a buffalo when the 8ioux came
wa % 8 VtIy T Ce3 Q ?^° a : ®P- a0 a be did not quit his occupation nor at-
t fi f ? b6r “ f a . Q -,. and ma f ny 8tori8a ar ® toId of tempt to leave. They told him to go away, but
. o , he would not. The Sioux warriors then oap-
-® ’ 8tld . o d Pierre ’ •, T0 t 0r0 n oars- i arpd b } m 8 t r }pp e d off all his clothing, and he
“h ™ P • 8 p “ tat ° e8 for •"£""& baik to the Pawnee reservation without
he oould manss" *•»<» So«»o» could. He I a rag to 00V er m» b i.
knew just the trick the fiih waa to try next, and I wb j ob some friendly Indians gave him »«. >t,e
was ready for ’em. I see him land the bigg38t I wa y The Sionx seemed to bear him no ill will,
“ ever oaugnt. fj f or they mighteasily bavekilled him when their
,, me about tt, said I. blood was up in their fight with the Pawnees.
“ Well we was trolling on the other side of xhe p awnee s are enraged at the inoompetenoy
Wells Island, a half a mile below the saw mill, of 8kv ohief) the Ipader who i ed them into th *
and somehow he hadn t mnoh luck, and pretty cocfl . ot with the Sioux. Tbe fact that he lost
quick the doctor he give a kind of a yawn, and hjg Hfe fl „ ht ing on their side does not seem to
8ata m 1’ ? ,erre ’- , Bald b6 t J 11 ^® yon f 10 ,f mollify their anger. They say that he led them
you’ll hook me into a thirty-pound musatonge into a ' ambn8h in whioh the Sioux had great
within ten miMitea. “ a y 8 a word, 1 advantage of the ground and conld pitoh into
turned out to the edge of the anannel and pulled them two a5dea at onoe
up stream. In about a minute he hooked a lit- The p <wn6e «. Hke all great tribes, are divided
tlebasB, an d WMhiuIwghim in.when Imahot ; ntoban ds. They have seventeen chiefs. Peter x , h 9Gfh Hav’of Anonqt. 1872 the General
if a whopper of a fishdidn t bite that bass right I t,. o hnr -,_ in B brother to the ° a theSbth day of AngU9t, 10/^, tne uenerai
in two and the dommie reeled in a hair a bass oharro me Bead omer, is a brotner to tne | ^ 8semb i y passed an Act incorporating the West
in two, ana me aomime «wewa in » nan a twa | man wbo flgqrea to the above interview. He «rd Atlanta Street Railroad Gomnanv
His hook was right off a little weedy shoal when ba , been f B yor of complying with the wishes Ead and Atl8nla Street iifuiroaa uompany.
the big un bit. Pierre, said he, yon just Q f the Government.and had seleoted delegates to
make a circle around and row past that point | R0 a conference that was to make peaoe with
Decisions of the Supreme Court of
Georgia.
DELIVERED IN ATLANTA, TUESDAY, AUGUST 20TH.
From the Atlanta Constitution.]
West Ead and Atlanta Street Railroad Com
pany vs. The Atlanta Street Railroad Company.
Injnnotion from Fnlton.
Wabxeb, O. J.—This was a bill fl.ed by the
complainant against the defendant, praying for
an iDjunotion to reatrain the defendant frem
constructing, equipping, or operating any street
railway in any street of the city of Atlanta. On
hearing the motion on the bill, answer of de
fendant. and exhibits attaebed thereto, the pro-
nidino ,Tndoe orant«s *v- .ujummun pfajculur,
-ul a 5-^>iP e tSe* defendant excepted On the
23d day of Eebraary, 1866, the General Assem
bly of this State passed au Aot incorporating
the Atlanta Street Railroad Company. By the
2daeetion of said Aot it is declared, “That said
company shall have the exolnsive power and au
thority to survey, lay-out, construct and equip,
use and employ street railroads in the eity of
Atlanta subjeot to the approval of the City
Coonoil thereof, for each route selected first
had and obtained before the work thereon shall
be oommenced.” This charter being silent as
to tbe time of its continuacos, it will not ex
pire nntil thirty years after date. (Code 1677.)
shall be oommenced.” In onr judgment, there chise claimed for the complainant’s company,
are no words in this charter whioh grant to the any more than two solid bodies conld occupy
complainant a oompeny the unoondiUonal ex the same space at the same time. In tbe csss
elusive power and authority to oonstruot and of the Union Branoh Railroad Co. vs. the
use street railroads in all of the streets of tbe East Tennessee and Georgia Railroad Co.,
city of Atlanta, bnt that the grant is limited and (14th Ga. Rep. 328,) this oourt held, and de
restricted to each route that may be selected by I aided, that an aot of incorporation, in which the
the company in the streets of the oity of At* I Legislature have reserved the right of repeal,
lanta, whioh shall be approved by the City j may be repealed by implication, npon the prin-
Connell thereof. When each route for the street I oiple that any affirmative statute is a repeal by
railroad has been selected l>y the company in I implication of a precedent affirmative statute,
one or mora streets in the oily and approved by so far as it is contrary thereto. Our conclusion,
City Oonnoil thereof, then the company have therefore, is, that if the oomplainant’s company
under the grant in the obarter, the exolnsive J bad had the exolnsive right granted to it by The
power and authority to oonstruot and use
street railroads on eaeh route ao selected and
approved, and that is the extent of tbe grant.
The exolnsive grant to cons tract m4 ose street
railroads on eaeh route that may be selected
Aot of 1866, as claimed, that it was oompetent
for tbe General Assembly, under the general
law of the State, to modify and restrict that
grant, as it did by the passage of the Act of
1872, whioh repealed all laws in ootflot with
j® *J}® streets of till BHJy end approved by j the provisions of that Act This did not'im-
the City Coonoil, is one thing. The exolnsive pair the complainant’s contract, trader ita char-
grant to construct and use street railroads ter with the State, because it made the con-
in all the streets of the city for thirty years tract in view or the general law of the State,
is another and quite a different thing, aa which entered into and formed a part of it.
will be readily _ perceived. The oom-1 The oomplainant’s company, *and the defend-
plainant cannot derive any benefit from the ant’s oompany, under the two respective Aota
general ordinance of the Oity Council granting of the General Assembly, each for itself, has
authority to its company to oonstraot street the exolnsive power and authority to survey,
railways on any street in the oity, and across I lay ont, construct and equip, use and employ,
the bridge on Broad street, beoanse that ordi- street railroads in the city of Atlanta, subject
nance is void, not haring been passed in pnr- to the approval of the Oity Council thereof, for
finance of the requirements of the charter, esoh route selected, first had and obtained, be*
there had been no route for a street railway se fore the work thereon shall be oommenced, for
Iqptod by the oompany and submitted to the and daring the limitation of their respective
City Oonnoil fonts approval on any street in charters, subject to the right reserved by the
the oity, as prescribed by the oharter of the j State, to withdraw, modify, or reatriot the re-
company, and nntil that had been done the Oity 1 speotive franchises granted to each oompany,
Oonnoil bsd no power or authority under the I as provided by the general law of the State, at
oharter to give its approval in advance before I the time of the aoceptanoe thereof by each
any route had been seleotcd by the oompany I company.
and submitted for its approval. The City Conn- Let the judgment of the oourt below grant
ed, under the oharter, were to approve of eaoh ing the injunction be reversed,
route seleoted by the company for the oonstruo- Clark & Goss, B. F. Abbott, for plaintiff in
tion and nse of street railroads in the oity where error.
the same should be submitted by the oompany B. H. Hill & Son, for defendant.
for their approval, and not until that had been
done. The argument for tbe complainant is that
it has the exolnsive rights granted to it by tbe
charier, to construct and nae street railroads in
all of the streets in the city, for thirty years,
whenever it shall select a route therefor, and
again-mebbe you’ll make your $10 yet.” While the 8ionx . This he had assented to notwith-
I was getting around he bound on a big hook 8 f anding the Sionx had often stolen their horses,
with twelve mohrs of steel chain above it, and j bn j aow (]j a { they had killed his women and
a lot of swivels, and then he picked up a chub babies, he would have no more big talk with
that lay in the boat, that wonld weigh three y, em>
quarters of a pound, and he warped the hook
it says:
A Mam Goes Fishing on the Sabbath and
Gbows to a Rook.—There is a report prevalent
on onr ‘streets that a man, living near Scull's
8hoals, abont twenty miles below thm oity, told
his wife to wake him np before old God Al
mighty woke on 8nnday, as he wanted to
catch a mess of fish tor breakfast. His wife,
In accordance with bis instructions, called him
through the obub till it oame ont way down at I Foreign and Home Food—America
the chub’s tail. Then he threw it overboard I the Land lor Good Living,
and that ohnb spun and whirled in the water I Vienna Correspondence Baltimore Amerioan ]
just like a big spoon hook. When we was a I We are living well in Vienna, notwithstanding
little above the shoal his line straightened, j the great luxuries of the season in Amerioa are
‘Hold on’ said he, ‘I’m on bottom—no I ain’t, almost unknown here. Good meat, well cooked,
I’ve either got him or his wife—now mind sweet and crisp bread, the best ooffee in the
yonr oars, Pierre.’ The fish started for deep world, sweet batter and good beer oan always
water, towing the skiff right along.' I never see be had in Vienna. Of course, any one oan live
tbe beat of the way that fish did.fight. The well npon these solids and sabstantials, and to
first thing he did was to tow ns forty rods like I these who know no better, they are the sum-
shot. Then he sunk down to bottom, bnt the mlng up of human happiness. That anything
doctor wouldn't let him rest and stirred him np else should be wanting is regarded as ridicu-
Tnen he started for the weeds, and we had a ions, and when an American undertakes to de
big tussle to keep him out. It was beautiful to scribe the variety of human food that tempts
see how oool the dootor was. Tbe fish tried to the palate In his famed land, it is received with
bite the line off in front of the hook, bnt no a shrug of the shoulders, expressive partly of
use. We was too mnoh for him, and in twenty doubt and partly of disgust that any one should
minutes he was all tuckered out, and the dootor j want to eat such things. The Viennoise regard
drew him ov*rmy gaff hook. That mnsoalonge fruit as unhealthy, and most of them will never
weighed fifty-seven pounds. He forked over venture farther than to eat a half dozen cher-
the $10 in s hurry.” ries. There are peaohes here, but they are
the otheb ITNNY Taara very poor, and merely sold from the fruit
Besides on occasional muscalonge there are I stands. There are also plenty of aprioots,
taken here quantities of piokerel, black bass, whioh no one seems to care about,
and pike. The piokerel are of the great North Last evening at the Reidhaff, whilst the merits
ern speoies, and grow to weigh twenty pounds. I of the food of different countries was being dis-
Many oonfonnd this fish with the mnsoalonge, cussed, and the several Americans present were
bnt the two are different They bite greedily describing a number of our special luxuries, a
at any moving bait and fight hard. The aver-1 Caban gentleman, who had been roaming over
age weight of those taken here is three pounds, the world for the past eight years, and had re-
Tbe pike are not so plenty down the river as in sided mnoh of his time in America, was appealed
the lake, nor are the blaok bass. There are to, when he delivered himself in snbstanoe,
more piokerel, however. - One oan eatoh a boat abont as follows: “If yon want the beat beef
load of ann fi h, perch and rook bass almost and mntton in the world, with good ale, go to
anywhere in the river. They bite rapidly, and London for them; if you desire the best pastry
afford great sport to the ladies, who prefer I and fancy dishes, go to Paris for them; if you
fishing for them to trolling for larger game - prefer the sabstantials well ocoked and served,
If anyone journeys this way for fishing alone, and the best made ooffee and excellent beef,
let him go to one of the small towns on the lake oome to Vienna for them; bnt if yon desire all
and be taken to Gallee, Stoney Grenadier, these essentials to good living combined, to-
Duok, or the head of Long Island The islands gather with soft crabs, oyster#, terrapins, oan-
are several miles long, are from five to flf vas-back docks, and an endless supply of the
teen miles from the main shore, and around most lqscioas fruit, you must go to Amerioa for
them are to be found quantities of large fish. I them.” There are several Amerioan Germans
The moat popnlaf is the black baas, because he j now here, among them Mr. Raster, editor of
is moat numerous and gamy. Oar party aver* the Chicago Staats Zsitang, who are more en-
aged over one hundred eaoh day, and we did I thnsiastio on the subjeot of Amerioan living
not fully live up to our privileges either. They than the Americans are, who declare the retd
are taken with trolling or still hooks, and on enjoyment of life is unknown in Earope.
^Then there are hosts of immense pike weigh- An Old-Fashioned Clam Bake.
ins from four to twelve pounds each, that do I For the first time in tbe history of Maryland, _ . , , , .
moat tickle the palate when oooked. They lie says the Baltimore Gazette of Satnrday, on tion. These general legal propositionsoontended
at the heads of the islands, and an hour before Thursday of next week, there will be a clam *
sundown theyran on the shoals to feed. Tbe bake at what is known as the Japanese shore,
pike is a nootnrnal fish, and does not bite readily abont eight miles from the eity, on one of the
duriBg the day, but at night, particularly when branches of the Patspsoo. Few persons are
the moon is bright, he is ravenons. The finest aware of the requisite preparation for a olam
sport I think I ever had has been in trolling for bake, and it is a matter of interest to witness
them between sundown and midnight with the the operation. The fire bed is mads of stone,
moon in tbe fall, and I have known two trolling abont ten feet wide and twenty feet long, and
hooks to catch a barrel full in that time at the several cords of wood have to be consumed to i—L-~ . . . .. - -
head of Stony Island. heat the stones to the proper temperature to do j such grant should be strictly oopsjtned, that
lake trout. the bakiDg. After the fire is removed from the nothing is to be intended beyond the express
The ^reat lake trout also bites readily around bed the darns, seventeen thousand of which will ' words contained in it. Applying this rale of
me islands. He mast be trolled for in deep be provided for the occasion, are plaoed npon construction to the oomplainant a grant, as ex-
water. and when taken often weighs aa high as it, and they are thoroughly cooked before they pressed in its oharter, does it give to it the
twentv Dotmda. They are not qnite as plenty are lemoved. With that single heat obowder is j unconditional exolnsive right to oonstpot and
in Luka Ontario as in Mackinaw Straits, bnt prepared, chickens are broiled, fried, and baked, : 080 street railroads in all of the streets of the
thev are the same fish, and afford the same royal as ate also any meats that may be desired, as city of Atlanta for thirty years 7 Or, Is the
BDort. The minnow is his favorite fish; henoe well as fish and oysters Tbe bake will be un- ! grant, in their oharter, restricted and limited
the best bait Three and fonr hundred feet of I der the charge of Mr*. Oscar Florence, wbo has j to the exolnsive right to oonstruot and use suoh
line must be used to troll for them, with heavy {made them on the shores of Rhode Island and street railroads only for each route selected
sinkers attaobed, seventy feet apart. Your hook there is' now every indication that it will be by the oompany in the oity of Atlanta, m ost
is frsanently a hundred feet below the snrfaoe largely attended. A number of gentlemen in (be approved by the City Council thereof 7 If
when one bites. the city have already subscribed toward paying j the oomplainant s oompany have the exclusive
— the expenses of. the olam bake, and many more {franchise as olaimed under its charter^ then it
By the third seotion of that Aot it is declared,
“That said oompany shall be entitled to all
the powers and privileges of the Atlanta
Street Railroad Company, and snbjeot to the
eatne liabilities and restrictions,” that is to say,
the West End and Atlanta Street Riilroad Com
pany shall have the exolnsive power and au
thority to survey, lay out, oonstruot and equip,
use and employ street railroads in the oity of
Atlanta, snbjeot to the approval‘of the City
Ocunoil thereof, for each route selected, first had
and obtained before the work thereon shall be
commenced. It will be notiosd that neither
company has the exolnsive power and author
ity under the respective charters to oonstraot
and nse any street railroads in the city of At
lanta, nntil the route has first been selected by
it and approved by the Oity Counoil thereof.
Tne oomplainant alleges that it has already in
operation eight miles of street railroad at a oost
of $140,000, bnt does not allege on what streets,
or routes, the same having been /elected or
located; nor is it alleged that any partionlar
street, or route, has been seleoted by it for a
street railroad in the oity, and been approved
by the City Counoil, as required by its oharter.
It ia true that the oomplainant alleges, that be
fore commencing work on said streets it made
an application to the City Oounoil of said oity
for their approval, aooording to the terms of the
charter, and said oity did approve the same in
tbe following words, whioh is a copy of the or
dinance of the City Oounoil: “Authority is
hereby granted to the Atlanta Street Railroad
Oompany to oonstraot street railroads on any
streets in the oity, and soroes the bridge on
Broad street.” On the 27tb of Jnne, 1873, the
defendant petitioned tbe Oity Oounoil to allow'
it to oonstraot and nse a street railroad in the'
oity of Atlanta, trader its obarter from tba Pas
senger Depot, to the Ponoe de Leon Springs,
whioh was granted by the Oity Oonnoil, speci
fying the ronte and the streets on whioh it was
to be oonstraoted, whioh route and streets are
not occupied and nsed by the oomplainant’s
street railroad, and it is the oonstraotion and
use of a street railroad on this seleoted ronte by
the defendant that the oomplainant seeks to en
join. The complainant insists that under its
oharter the General Assembly have granted to it
the unconditional, exolnsive franchise to oon
straot and use street railroads in all of the street^
of the oity of Atlanta for the term of thirty
years, that being the time of the duration of
its obarter nnder the law; that npon the ac
ceptance of the charter by the company it
became an exeented contract whioh the Legis
lature oould not impair by granting another
obarter to tbe defendant, and if the Legislature
oonld do so for the benefit of the pnblio, then
it bould only do it by making jnst oompensa
for, are reoognized and admitted, provided, the
complainant has the unconditional exclusive
right of franchise, granted to it by its charter,
to construct and nse street railroads in all of the
streets of the oity of Atlanta. It is a well
established rale of law, that exolnsive grants,
in derogation of common rights, as well as in
all cases in whioh exclusive rights are olaimed
under a legislative grant to a corporation, that
Hues amusement Is caused by small sards w ju participate in it A steamer will eonvey tbe entitled to the prouotion of the law,
gratuitously circulated about the streets with a parties to the shore. I however great a monopoly it may be. The
small cork attached by a string, and having the ■ «— ( words of the oharter are “ that said oom-
following printed npon it in large letters: “The A colored brother at a Rahway, New Jersey, pany shall have the exolnsive power and
most horrible death ia to be talked to death, j camp meeting thns stated his article of faith: authority to convey, lay ont, construct and
To prevent the above terrible fate use the “Ebery Christian,” he said, “am fonr footed, equip, use and employ, street railroads in the — — -■ — — — *»-
patent life-preserv6r attached to this card Di- j an’ de feet am prayer, faith, hope an* charity, city of Atlanta subject to the approval of the [ etrfeted pro tanto.hy necessary implication, by
Western Literary Tastes.
The Springfield (Mass) Republican dis
courses on this snbjeot as follows. It says :
I The Toledo Blade has lately been worrying its
obtain the approval of the Oity Council.— subscription list along by offering books as pre-
Thie construction of the grant, wonld plaoe miums; and the literary preference evinoed by
it entirely in the power of the oompany to I the subscribers of that paper is astonishing,
oonstruot only suoh street railroads in the city, | Out of 2677 calls for books, more than half—
as it might think proper, and to disregard the j 1385, to be accurate—were for the works of
wants and convenience of the 'citizens in any | Shakespeare; 330 took Arabian Nights, and 122
other part of the oity for thirty years. Can it J chose Byron. That is all right; we shonld say,
be possible, or even probable, that tbe General I if oalled upon, that the hverage pnblio wonld
Assembly intended that, in busking the grant ? take its lore in abont those proportions. Bat
Is it not more reasonable to say, in oonstrning when we are informed that 700 persons ont of
the grant, that it was the intention of the Legis that 2677 ohose the works of Flavius Josephus,
lature that the company should have tbe exolu- why, we feel aa if we wanted to go off some-
sive right to oonstraot and nse suoh street rail- where and rest before we tried to think about Wfr
roads only in tbe oity. eaoh ronte of which it it. It shows a mournful state of things among ^
had seleoted, and obtained the approval of the | the subscribers of the Toledo Blade. Not but
Oity Oounoil; the grant is not the exclusive that Flavius wat a good, square man, and clever
power and authority to oons'.ruct and use strest enough in his way; bnt he never amounted to
railroads in all tbe streets of the city for thirty I much. His youth was frittered away in grub-
years, but the grant is to oonBtruot and use bing at the obstruse- points of the Jewish law,
streetrailroadsintheoitysubjscttptbeapproval and, when he finally got settled down. Yes-,
of the City Oonnoil thereof for esoh r rate Be- pasian »nd his crowd came aroned and both-
looted first, had, and obtained before the work ered him so that his mind never had
thereon shall be oammenoed, and to each route time to grasp any snbjeot comprehensively. To
so seleoted and offered the oompany, shall have be enre, he wrote seven or eight books of the
the exolnsive right to oonstraot and nse street History of the Jewish War, a score more on the
railroads thereon for thirty years. The inten- I Antiquities of the Jews, a Discourse on the
tiuu U. ■'os’ iu 1U* DU1UU1D «-, uo Maeeaheea and rvtliAra nn
right claimed to have been granted to oonBtruot similar light and rtioei„7? a r^ 6 .’ a 5 ® a
and nse street railroads in all the streets of rose into the realm of true idior.!, ,
the oity, is not donbtful, when viewed in the oaliber was insufficient. He never made a cent
light of the Aot of 1872 ; for we cannot impart off his books, either, till after he was dead; no-
to that body an intention to impair a grant body wanted suoh frothy literatnre. Tbere was
which they had previously made, whioh we must quit's a demand for them about 200 years ago,
do in order to sustain the oonstrqotion oon- when onr forefathers had not conquered the
tended for. If the Lsgislature had thought that taste for dight reading they bronght from Eog-
the complainants’ company had the exclusive land; and one will find the old, queerly-bound
right to use and occupy all the streets in the oopies they bought in those times affording s
oi-y nude; its grant as claimed, they wonld not comfortable subsistence to the worms in many
have made the grant they did to the defendant’s an old New England farm-house. New editions
oompany. To construe the grant to the oom- I there are none. The Blade’s orders exhausted
plamants’company as vesting in it the exclusive the stock in this country, and the book-dealers
right to oonstraot and use street railroads in all have drawn on Scotland,
the streets of the city, will be to oontravene the
expressed intention of the Legislature and give a. Horse Winning a Heat Wltbont m
to that oompany an expensive monopoly over Driver,
all the streets in the citjHor thirty years as to K(lnk „„ T . ’
the oonstraotion and use of street railroads 7 tbe Plttabu *S Leader ]
therein, to be exercised, at the ple&snre or ca- I There was rather an nnnanal incident At the
prioe of the oompany, it may select what routes Steubenville race grounds last Saturday after-
it pleases for the approval of the City Council, 0nnn - ** was j? tb ® paring race for a .purse of
or not nse and ocoupy any more than it has al- WOO, free to alL There were five entries. The
ready done, in defianoe of the pnblio welfare ( wincing horse was Copper-bottom. He took
and interest of the city, if it shall be its pleas- the flr8t heat » aDd in the 8eoond b0 »t tb0 sulky
ure or interest to do so. To limit the construe- of Copper-bottom came into oollision with an*
tion of the grant In eaoh oharter to suoh routes otbor » and was instantly overturned. The dri-
ih the oity as eaoh oompany may seleot and the Ter of Copper bottom was of oourse thrown out,
Oity Oounoil approve, will best proteot the in- and 11 was ®*P* ot *d that Copper-bottom would
terest of the public, maintain the legal rale as ron awa Y- Contrary to expectations, however,
to the oonstraotion of suoh grants, and give th ® hor8e never brok ® onoe < “ 0d 0am0 in amid
effect to both aots of the General Assembly.
The seleotion of routes in the oity by either
company in the streets thereof, which are not
ocoopied with the approval of the City Council,
will accomplish just what the Legislature in
tended should be done in the oonstraotion
and nse of street railroads in tbe oity of At
the wildest of cheers ahead, in as good style t
if his driver had been behind him. The enthu
siasm of the erowd was immense They cheered
and cheered the self-possesse horse, whioh had
deolined to get frightened, like most of its land,
when released from a driver’s oare.
The judges were at first goiDg to give the
lanta. Construing both these sets together to lhe horse whioh oame in seootid, be-
and the grants contained in eaoh of them, it oanB ® Oopperbottom oame in withont a dritpr.
ib dearly apparent that if was not the inten- Th ® 0 *oud getting wind of'the possible ruling
tion of the Legislature to grant to either I the gallant Oopperbottom, gathered
oompany the exolnsive right to dbnstrnot and around the stand, while from every hand went
use railroads in all the streets of the city for np ones of “Oopperbottom ! Oopperbottom!
thirty years, but the grant to eaoh is the exoln- . Tb ® Judgra saw if they shonld give the raoe
sive right to oonstruot and nse only snoh routes J® tb ® oewnd horse that the erowd were just in
in the streets of the oity bb eaeh may seleot “• n,< ?9 d to P nlt tb ® *>*nd down about their
with the approval of the City Oonnoil. The I ear8 - They then retired, and, after oonanlta*
Legislature did not intend to oreate an exclu
sive monopoly of all the streets by either oom
pany for thirty years, and (he Courts shonld
not do it unless the words of the grant are so
dear and definite as not to admit of any other
construction. If, however, the General Assem
tion, ruled the heat to Oopperbottom. »s he
never broke onoe, had it not been for tbe riaim
of fonl pnt in by tbe driver of the sulky with
whioh Oopperbottom oollided.
As it was it is on* of tbe rare events of the
turf, where a horse has lost its driver but yet
bly of 1872 were mistaken as to the extent of kepl its p!ao ® in th ® ri0s as u ^othiug had
the exclusive powers whioh had been granted happened.
to the oomplainant’s company in the Aot of
1866, and that the exolnsive power now olaimed
had, in faot, been granted by that Aot, was it
oompetent tor the Legislature of 1872 to modi
fy or restrict that exolnsive grant of power nn-
d'er the general law of this State as it existed at
the time of the grant, and the aoceptanoe there
of by tbe oompany, and has it done so by nec
essary implication according to the cardinal
rale for the oonstraotion of statutes as reoog
nized by this oonrt? The Code took effeot
Hon. John Bigelow has hit the Philadelphia
oentennial atemfio blow between wind and wa
ter and careened it over like a Dutch galley
stranded on a mud-bank. He sees in tbe pres
ent plan of the managers nothing but a dodge
to put base luore in tbe pockets of Philadelphia
shop-keepers and speculators. It is a gigantio
money-making triok decked out in the American
flag in order to look patriotio. Oan it be possi
ble that snoh ia the case ? Have those keen
Quakers really entered into a conspiracy to
on the first day of January, 1873, and the innooenta bent opiV
wading np to th® n^fonri font and. being
oases of private charters hereafter granted,
the State reserves the right to withdraw the
franohise unless Buoh right is expressly nega-
tivtd in the oharter.” This seotion of the Code
intiodnoed a new element into the law of pri
vate corporations in this State, and all ehartera
granted by the State to private incorporations
since its adoption are snbjeot to its provisions
When tbe oompany aooepted tbe grant made by
the General Assembly, it did so with a full
knowledge of this general law, as mnoh so as if
it had been inserted in tbe Aot incorporating
the oompany, and it is a well established rale,
that the laws whioh exist at the time and plaoe
of the making of a oontraot, enter into and
form a part of ib The eomplainantts oompany,
therefore, aooepted the charter' subject to the
right of the State to withdraw, modify or re
striot the franchise granted to it whenever the
State shonld think proper tb do so. The power
to withdraw the entire franchise granted neces
sarily includes the power to modify it, or to
restriet the exeroiss of it, and the question is
whether tbe G>>nprcl Assembly, by the passage
of the Aotof 1872, has modified or reatriot* d
the oomplainant’s franohise as olaimed nnder
the Aot of 1866, even if it was exolnsive to oon
straot and nae street railroads in all the streets
of tbe oity of Atlanta for thirty years. The
grant to tbe defendant’s oompany to oon
straot and use street railroads io the
streets of the oity, is directly repngnant to,
and inconsistent with, the grant to tie oom
piainants’ oompeny to have the exolnsive
right to oonstraot and nse street railroads in
aii of the streets in tbe oity, and if the com
plainants’ oompany did not have the exolnsive
franohise, as olaimed nnder the Aot of 1866,
that exolnsive franohise is modified or' re
reotions—put the oork in yonr oar.”—2i. Y. When we stan’ squat’ on dam four feet, we'm City Oonnoil thereof for eaoh route seleoted, the Aot of 1872 Both Aots oannot stand and
Letter. I all right.” first had and obtained, before the work thereon be operative, with the exolnsive right of fran-
baptised with the spirit ’76 ? May the army of
the sheeted dead, the articulated bones of the
heroic defunct, make midnight marches through
*“'» streets of that deceivin' city forevermore, if
s be trne.—New York Com/nercial.
Fall Crops —Flans and preparations for
these shonld be made immediately. If theee
involve plowings it should be borne in mind
that the ground is not often in oondition for tbe
plow at this season of the year, and all things
should be arranged to take advantage. Plows,
doable and singletrees, gear, all sbonld be
ready, that a start may be made withont a mo
ment’s delay. Turnip and barley patches are
to be broken up—wheat and oat fields are to be
turned over—pea vines are to be tamed aoder.
He is fortnn&te who snooeeds in getting all theee
things done in good season.—Southern Quits—
oator.
A. loathsome ulosrons disease has broken ont
among oigar smokers in California. Investi
gation has revealed the faot that among eight
thousand Chinese oigar makers, there are a
great many fcffl oted with the disease, whioh ia,
of ooorse, inooulated through the rigors whioh
they hand's to the month of the smokers.
Lydia Thompson will be married in London
on the 28 h instant to Alexander Henderson,
for years her business manager, and sails for
this country on the 31st. Henderson goes to
Germany for a time for (he baaeflt of hia
health.
The editor of a Hartford religious j >nrna!
proclaimed that he needs rest end that bia pa
per will therefore be suspended for two weeks.
What wonld that tired brother be likely to do if
he had a daily journal on his hands 7
The Spanish Marshal O'Donnell, on hit dying
bed, when the priest asked him to forgive hie
enemies, answered, “ E jemies, I have none; I
shot them ail. ’’