Georgia weekly telegraph and Georgia journal & messenger. (Macon, Ga.) 1869-1880, January 06, 1880, Image 2

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I i [cgipiy snh Ctltgrapli buI Bljsstngtr TUESDAY,''JANUARY 6, 1SS0. f -• ■ B 1 —H —A Boston magic healer lias got alicad of competition in |ds line of practice.. He places his haods over a broken or disloca ted bone, and itlmmediately readjusts it self—so he says.. _/ . —A St. Alban's wife, in reply to her husband's advertisement that he would pay no debts of her contracting, published a card expressing surprise that he had raised money enough to pay the advertis-. ing bill. —Lotta/the actress, was a witness in a St. Louis lawsuit. “What is your age?” she was -asked. “People- might not be lieve me J|f ^ told,” ehp, jreglied, ,“for some say I amforiy-five.” That was the only answer she would give. — 1 The Empress Eugenie is so timing her visit to Zululand that she may be on the spot where her son met his death on the anniversary of that sad event, the first day of June. Sir Evelyn Wood, and not Lieutenant Carey, will be detailed as her escort in that sad pilgrimage. . —Mr. Oliver Amesjga\e aone-thousand- dollar railroad bond to each of the em ployes ini the Boston office of the Union Pacific Railroad Company on Christmas. —The newsboys and bootblacks of Bos ton now rejoice in ah' elegant reading* room, which was dedicated on Christmas day.- It has batlis, books, newspapers, a Cliickering piano, checkers, dominoes, bagatelle boards, &c., and entertainments of a pleasing and instructive character will occasionally be given. —In a recent speech, Mr. Rathbonc, M. P, for Liverpool,, ridiculed Lord Bcacons- field's hopeful views of a return of pros perity, and said that his remarks at the Lord Mayor’s dinner displayed an igno rance of commercial matters of which a Liverpool office boy would have been ashamed. ' —Dan Rice has carried the ways of the Circus into his new business of evangel ism. He uses letter headings on which a circus clown is gaudily pictured on a skeleton horse, and in red letters are the Words: “Dan Rice’s New Departure—A Jump from the Ring to the Rostrum.” Brother Mopdy says that Dan is not truly converted, but Dan Insists that he is. —Bishop Whipple, of Minnesota, has Written a letter in which he vigorously de nounces the scheme, which he affirms a powerful lobby is endeavoring to get through Congress, to place the Indian Ter ritory under a territorial government. He argues that such a step would violate solemn pledges, and seeks to illustrate the wrongs the Indians have suffered in the past by quoting striking utterances of Jeremiah Evarts and of his son, the pres ent Secretary of State. —Industrial Crusts in Switzer land.—One of the consequences of the ^hdustrial crisis lias been a complete revo lution in the embroidery trade of Eastern Switzerland. The American .merchants, the principal purchasers of Swiss embroi dered goods, instead of ordering them through native agents, as heretofore, have established their own houses at St. Gail, buy materials in the cheapest markets, and give orders d’rect to operatives, who Work at their own homes, thns dispensing ' with the help of manufacturers and agents. • —Situation at Cabvl.—London, January 1.—A dispatch, dated Cabul, December 26, says that the Mohamcdans are abandoning Cahul, fearing that some retribution will be visited upon them, as they are all sympathized with the enemy. The Hindoos who remain in Cabnl re port that a reign of terror existed from December 15th until the dty was aban doned by the rebels. Every shop and bouse was gutted except these belonging to the Moliamedans. Women were strip ped publicly and men shot in the streets, The total loss of the enemy in and near Cahul is placed at 2,000. The snow is fast melting. —Bismarck’s Disarmament Scheme, *t-A London correspondent of the Edin burgh Scotchman says he learns from good authority that the attention of the English Government lias lately been di rected to the project of disarmament put forward by Prince Bismanck; that despite the recent qualifying statement Prince Bismarck has projected a scheme for grad ual disarmament, but Austria is the only continental power which has yet given adhesion to the scheme. In diplomatic Circles the correspondent says it is expect ed Bismarck will make a declaration on the subject shortly, hut there does not seem to he much confidence felt in the in tegrity of his motives. —While in Washington General Grant received a telegrrm, signed by James Gor don Bennett, who is now either in Europe, Asia, or Africa, saying that the Herald had detailed a correspondent to accompany him to Cuba, and asking when he would leave town. The correspondent was doubtless known to General Grant as the uninjured victim of an attempted assassi nation in Salt Lake City about two years ago. . General Grant telegraphed to Mr. Bennett that it would not be convenient to have the Herald correspondent in his party. The generally accepted reason for Grant’s refusal to accept the company of a Herald correspondent is the publication of many articles in that paper against a third term. i- —The Tat Bbidge Blown Down.— The Tay Bridge was blown down. A Herald dispatch says of the storm in which it fell: The gale which destroyed the Tay Bridge was the most violent ever seen in Scotland since themeraorablc storm of January, 1866. From the time the gale began it continued to increase in fury until a perfect hurricane raged from the southwest. The streets of Dundee were covered with debris. Chimney pots and slates were whirling tlirongh^he air, caus ing great danger to foot passengers. The | streets were almost deserted until the ru mor of the demolition of the famous bridge attracted hundreds to the shore of the Tay. Reports from Glasgow, Gree nock and Edinburgh say that the storm raged with great violence. The wind blew in tremendous gusts. All the ac counts mention the continuous howling and roar of the wind, which deadened the falling crash of the whole central portion of the immense Tay Bridge, which has hitherto been regarded as one of the won ders of the world. The Cardon Discovert.—Mr.Mas- kelync, of the mineral department of the British Museum, writes to the Times that, after a thorough test of the so-called crys- Ulized forms of carbon obtained by James McLean, he (Mr. Maskelyne) has no hesitation in declaring that they are not diamonds at all, but consist of some compound of silica. THE MAINE EMBR0GU0. And So On. The holiday papers from the North are gloomy beyond precedent.' Fo/ the first time since 1802, when it began to look as though the federal arms f “would fail of subjugating the so-calied rebellion, many of the papers are-in low spirits over the Republic. The troubles are the third term and the Maine embroglio. As to the third term the truth now stares everybody in the face, and no more oil or varnish is permitted. It-is now seen that not only, is General Grant a candidate, but he is most particu larly,pointedly and -inexorably a candi date. He is not only a candidate, hut he was a candidate when he left Washing ton in 1877, and he has been a candidate every day ever since; and every step he lias taken has borne special reference to the fact. He was working up the prob lem in Europe and in Asia, and he is hard at work on it now in America, and will be worklngon it in Cnba and Mexico. He is not only a candidate hut he will be in nowise a tender-footed candidate. Ho will not move to the throne as though treading on eggs, but will grasp it and the sceptre in a downright, rough-handed fashion, just as though lie meant it. The pretty boys and girls who bring flowers to his pageants will grind at his mill just as much as the rapacious stal warts who know what it all means, and look for the dividends. This third term is a distempered night mare to many of: the Republicans—the men not ready to upset all traditions of the olden time—who still insist that the country is not ready for final transmogri fication into an imperial court. Then there is the Maine matter in ill- omened conjuncture. That is not a new thing. If it were, it would not be so had, But it is an old addled egg of political corruption. How came those statutes and constitutional provisions in existence un der which all the election depended on the count. They were'put there by the Radicals,who expected to do the counting, and have done it for twenty odd years, un til by a piece of had luck these scaly Greenbackers came in by a surprise to spoil the arrangement. The Republicans for many years have found no difficulty in counting, because they had constructed a prohibitory drag net by which they coud count ontall they wanted to, and shape a Legislature to suit themselves, no matter how the votes went. But when Garcelon began to count with an honester purpose he was floored. This is a frightful revelation to honest men of all parties, and they begin to see that popular elections are brought to a low pass in the United States of America. The Republican partisans who have stead ily represented this as true in these Wild Southern States,so soon as tlic touchstone of a contest is applied to their own States, find that it is indeed true there. It is all in counting. There is no trouble so long as there is no canvass of the count. But the moment the count can M? questioned, the election becomes a farce. There is a general had outlook, and the best of the Republican brotherhood are scared. President Seelye, one of the best of the Eastern public men—the one who refused to sanction the Hayes electoral fraud, is frightened at the prospect. The Washington correspondent of the Sun pre sents a startling programme as elaborated by the stalwarts, and warns the. country with what rapidity and decision' ; they are going to put Grant through, whether nom inated or not or elected or not. . They will crush out all opposition and ran over anybody who stands in their way. Possibly rough times may be before the country. It is not to be doubted that there will be a struggle of some sharpness before the people can regain possession of public affairs in the United States. At present they are in the hands of poiiti cians of the worst sort, who will sell out and rob them, if they can; hut we do not believe the people have any thought of abandoning the usages and traditions of the American Republic. Macon’s Boom. As will he seen elsewhere, ttaPopefilng of the magnificent new wholesale build ing of Messrs. Nussbaum & Danuenberg, on New Year’s night, and the crowd that turned out to do honor to the occiCion form an important epoch in Maoon’sjmer- cantile history. In all the broa^mits of the State there is not another such edifice devoted exclusively to the dry goods bus iness. In finish, appointments, and ex tent it stands unquestionably wtthptrt a he wa» 'rightly ejected ? Who hut he White Labor at the South. Before the war, the opinion obtained very generally, that the ’white people of the country were disqualified from field work in many portions of the South by the heat of the climate. It was even pre dicted that emancipation would prove well nigh fatal to the further production of cotton. But the result has been just the reverse, and now, there seems to be no assignable limit to the increased yield of the great staple. And this, too, in direct face of the fact that many thousands of negroes have gone North and West, a large number aTO ; engaged in preaching, teaching, merchandizing and the trades, at least half of the women have been withdrawn from the farm and the mortality of the African race has been twice as great as that of the white popu lation. Yet with all these drawbacks to which, last, hut not least, must bo added the diminished efficiency of free labor, amounting certainly to twenty-five per cent, as compa.M with ante-bellum times, wo see that5,0i. «j X) ofbales is con sidered a medium crop;M>jfifanother year, under. the stimulus of present prices it would not bo astonishing-if it reaches six millions. This heavy increase, which in part is due to the use of fertilizers; must still, without doubt, be ascribed to the intelli gent and energetic white labor of the Country. The farmer and his sturdy sons have seized the plowshare and axe, and are doing yeoman’s service for themselves and tha material development of the country. Hear what a sensible farmer in Texas has to say on this subject: The white men throughout the entire region of country who have no capital to live upon—and as for that matter we are in that fix all over the South—work in fields, make cotton, cultivate com, potatoes, peas, pumpkins, squashes and goobers, and in quantities to the hand about double the amount made by the best working negroes in the country. * I am a white man fifty-two years old, and, though with no particular neces sity for it, this year cleaned up, plowed, planted and cultivated both a cotton and coni field, and with no advantage in help,' team or land over the meanest nigger on my farm. The result of my crop is a third greater than theirs. I hired inlioe- work to the amount of $6.50. I made 3,100 pounds of lint cotton, and have sold it, getting $376.03 for It. Now, I don’t •write this with at view to induce the first single man or woman North or West to come South, hut ', simply to. contradict, as above stated, the silly lie so often pub lished that white men in the South don’t Work. The great majority have worked all their lives, and the sun doesn’t hurt them either. . Grant’s Reception at the C_mth. We are glad to bote that the people of Charleston and S^fvannali did not make fools of themselves over the man whom they so justly upraided a few years ago, as the author and abettor of all the misrule and ruin wliich existed during the carpet- hag supremacy at the South. Whose bayonets but those of ex-President Grant deprived General Gordon of his seat in the Executive chair of Georgia to which I have reached the conclusion that American ladies are the best vocalists— ! Strakosch. It is no wonder; isn’t Dr. Bull’s Cough Syrup manufactured in this ’ country ?—Every Sunday. rival in Georgia. Hundreds of bqH’^ gas jcts’tlirew a flood of radiance’upon the walls and interior of every story, and the illumination was visible from all parts of the-city.- The tall structure stood forth in ablaze of light, challenging tl\e atten tion of the gay parties wlio were flitting to and fro in elegant equipages and white kid gloves, paying their respects, and ten dering the compliments of the season to the coteries of lovely ladies, who awaited them in many of the palatial mansions of oar. citizens. - Within, a glad welcome was extended to all, and there was music, feastiDg and mirth. Everything seemed to have beeni doue regardless of expense, and such a house warming was never witnessed be fore in Georgia. It was a first-class ad vertisement of this opulent firm, and the fame of their new establishment and the munificent hospitality displayed at its in auguration, will be lieralded.far and wide throughout the country by the commer cial representatives of other cities who w^re present. v. - But this is not all. The people will re alize more than ever that Macou is tfie natural centre and distributing point for the internal commerce of Georgia. With not much more than half of the popula tion of Atlanta, its wholesale trade is equal if not superior in magnitude to hers. The same is true, also, of Savannah. In deed, there is no city in the South, with anything like the same number of inhabi tants, that can compare with ours in the extent of its general business, rnm ;<> In one thing only are we deficient, and that is in the amount of cotton received and handled. This has been unquestion ably due in great part to local discrimina tions in freight, which caused much of the staple to pass through without stopping, to tide water. We have every reason to hope and believe that the action of the Railroad Commissioners on this subject will, prove salutary, and that hereafter all the cotton that is legitimately tributary to Macon will come here. This ought to swell her recepts next year to at least 100,000 bales, as our city is the nearest and best market town to all Southwest Geor gia, and a large number of the best coun ties in the Middle portion of the State al so. It is due to the railroads, however, to say that even before the late action of the Legislature,decided abatements had been made iu these offensive and injurious dis criminations, but still they existed to a considerable extent, and were a source of constant irritation to the people. The Commissioners have not only the power, but it is made their express duty to see that all freight schedules are so adjusted and equalized, as not to operate either to the advantage or hurt of any town, village or railroad station in the Commonwealth. This mucli at least will be plain sailing for them, and we doubt not the law will he carried into effect and add laigely to the cotton receipts of our city. But the erection by Messrs. Nussbaum & Danuenberg of their commodious and elegant store, will doubtless he followed by others of equal magnificence. There are a half score or more of wholesale merchants in Macon who are the peers in enterprise and capital of any in the State, and perhaps carry larger stocks of goods. Several ol them are considerably cramped for room, and it would not be surprising if they follow the example of Messrs. N. & D., and either enlaige their premises or build anew. Indeed we hear of minors to that effect. It is gratifying to note so many tangi ble evidences of improvement in our city, and the new year has opened with every prospect of continued prosperity. Sweet Potatoes—A Word of Advice to Farmers. It will he found upon examination, that the extraordinary, if not unprecedented mildness of the present winter has opera ted quite injuriously upon the sweet pota toes that are “banked” or placed in hills in the usual way. Upon opening one of these “hills” a few days ago which had been properly protected first, with corn stalks, then a thick covering of pine straw and lastly with earth to the depth of six inches, the potatoes were found to he badly sprouted, and many of them affected with dry rot. As to condition otherwise, they were perfectly dry; and the sound ones sweet and delicious. At least 15 per cent, of the whole, however, were more or less doated. _ We would suggest to our planters, as soon as possible, on somo clear sunny day not too cold, to completely take down their potato banks, break off the sprouts, assort them carefully, and after removing every tuber not perfectly sound, then bank them over again, using fresh stalks and straw as .a covering, and finishing off with a thick layer of earth. This treatment will] thoroughly air the potatoes, arrest further decay and cause them to keep well until taken up to be bedded or housed in the spring. A little attention thus bestowed at the , present time upon this delightful esculent which forms an important and wholesome item of food on almost every tablo in the coun try, will amply repay all the trouble in volved. We trust the farmers wili give heed and save their potatoes. > : • ,. King Cole at Work. <i Tlie report which originated from a nows item of the Augusta Chronicle and Constilutf onalistytiiat Colonel E. W. Cole was making “strenuous efforts” to lease the entire Geoigia Railroad from Atlanta to Augusta, lias-found its way into tli» Northern papers. Wo have no confirma tion of tlio. stoiy, though it.is said Cole guarantees 7 per cent, dividends, whereas the present management pay hut 0 per cent. ‘ f , » . •«• We capitally doubt that, the owners of an enterprise of such magnitude and ' im-t portanco as the Georgia-Railrozd will con sent to consign it into other hands. TMl is the more probihle, as all the railway interests of the country seem to be t pros pering and there is no reason why the same will not prove true also in the future of tho Georgia road. lt is a dangerous ven ture to consign the management of our own thoroughfares into foreign hands. The step may be regretted when too late.-. ..nil (<! vc// ".ei! no the ballot boxes of the cqjintry un-_ ier military surveliance ? Who save this despotic Radical'President drove thou sands of innocent Carolinians' into exile, military rule in a time of peace?. Who pardoned the assassin and bigamist C. C. Bowen, condoned the offense of Belknap, and allowed the revenue thieves of the West to escape? But time and space would hoth fail us in the attempt to por tray a moiety of the misdeeds of the man whom so many are now seeking to honor and glorify.'. While holding that the office of Presi dent is entitled to respect and the incum bent should therefore be received, when traveling, with fitting honors, yet, after his retirement, he becomes simply a pri vate citizen again, and is entitled only to that consideration which his merit and past services may inspire. Hence, dur ing the passage of General Grant through tho South, while we would have him treated with all due courtesy and respect, it ill becomes our people to lionize their former oppressor in any way whatever. J We are glad to record, therefore, that the General’s progress through Dixie has, by no means, been like that of a conquer ing hero. Straws show . how the wind blows, and tlie fact that the only point thought worthy of a special visit in Geor gia or Carolina was Beaufort, is not de void of significance. ■ That old town, now in ruins, was once the abode of affluence and refine ment. Its citizens included many of the very elite of the Palmetto State. When the war opened, after the fall of Port Royal, Beaufort was the first city iu the South occupied by the Federal troops, and it remained in their possession until the close of hostilities. Notwithstanding tliat tlie inhabitants had no opportunity to fire a gun during the whole war, still they were treated wlt-li the most merciless se verity. Every dwelling Owned by a South ern sympathizer, or absent Confederate soldier, was confiscated and placed rent free in the possession of rice-field-negroes, who, in some instances,burnt fences, doors and window shutters for fuel, and dese crated and dismantled the halls of their unfortunate proprietors. Not even content with this, almost ev ery acre of the fertile islands and adjoin ing country was siezed, and sold for the United States land tax. Of course, the absent soldiers or refugees could not come witliin the eneinie’s lines to hid when their property was put np for sale, and it was bought by speculating Yan kees. A large portion of this laud, and many of the dwellings were still occupied by the negroes when the writer visited Beaufort three years ago. One of her noblest citizens poin- 1879—Hon. Hiram Warner Chief '"Justice, Hon. James Jackson and Logan E. Bleckley Associate Justi ces. Thompson vs. Douglass. Appeal, from Chatham. Warner, C. J.—The plaintiff sued the defsndantin a justice’s court oa an ac count for tho sum of $44.03 and judgment was rendered in his favor, the defendant entered an appeal to tlie Superior Court, and on the trial of~the case in the last named court, the jury, under the charge o* the court found a verdict in l'.ivorof tlie defenda-t. Amotion was made fora new trial on the several grounds therein stated, which was overruled, and the plaintiff excepted. There was no error in excluding from tho jury the evidence as to the custom of the proprietors of hotels in the city of Savannah in'buying provisions through tlie hotel caterer. The court charged tlie jury, amongst other tilings, that “If the goods sued for were bought by Seymour as a special agent for a particu lar purpose, the plaintiff should have ex amined his authority,” and read the 2196th section of the code. The chaigc of the court, in,view of the evidence on record, was error. According to that evidence the defendant would have been liable to the plaintiff-for the goods sold to Seymour as her caterer for the Favillion hotel, as her generalligent in that capacity, unless she had notified tlie plaintiff before the goods were sold and delivered of the new ar rangement which she had made, and told him that Seymour would he responsible for all the goods purchased in his depart ment, and that she had nothing to do with it. If the.defendant did thus notify tho plaintiff,'theri she was not liable for the goods afterwards sold and delivered to 1 Seymour by the plaintiff, and that was the main controlling ques tion in the case, and should have been submitted to the jury by the court in its charge. The charge of tlie court in rela tion to Seymour being the special agent of the defendant for a particular purpose, and that the plaintiff should' have exam ined his authority as Such special agent, was calculated to divert the minds of the jury from the main issue made - by the ev idence in the case, and to direct their at tention to an issue not made by the evi dence (to-wit) whether Seymour was a special agent for a particular purpose, and did the plaintiff examine his authority as such special agent. The jury may have found their verdict on the fact (assuming as the cHarge of the court did, that Sey mour was a special agent for a particular purpose) that there was no evidence that the plaintiff did examine sis to Seymour’s authority, - whereas the evidence shows that the goods were sold and delivered by the plaintiff on the authority of the defen dant herself. Let the judgment ef the court below he reversed. A. P. & S. B. Adams, for plaintiff in er ror. P. W.- Meldrim; J. R. Saussy, for de fendant.^. ted tout his stately mansion, swarming with the “nation’s ward’s,’’who had burnt the steps and fences, and held possession under United States authority, while he was an outcast. On a neighboring island, also, could he plainly seen the broad acres of his plantation, which had been seized and converted into a negro colony. It was Jo this, the most foully used portion of the Confederacy, where the very life had been crushed out of the'suffering whites, that General Grant bent his foot steps, forsooth to witness the orgies of tlie negroes on “emancipation day.” Doubtless he achieved all he desired, by confirming the loyalty of his sable sup porters iu that region. But never, while Southern men are true to themselves and the events and traditions, of the past, will they ever bow the knee to Grant, or stul tify themselves by heaping honors upon the man whose “tender mercies were cru el” in the day of their extremity. There is no Grant boom in Georgia or the South, and’never will he. More Substantial Real Estate Xm' provements. It is currently reported on what is deemed to be good authority, that those exceedingly eligible lots on Cherry street below George T. Roger’s Sons establish ment, and including the empty area on Fourth street, extending down to the shanties opposite the city jail, will sooii he built up in elegant style. It is even asserted that several of tlie new edi fices will not only be equal to the palatial structure of Messrs. Nussbaum & Dan- nenberg, hut go one sloiy better skyward, it is certain that Northern capitalists are after this valuable property, and it is also rumored that several of our own whole sale merchants, whoso business is con stantly extending, desire to purchase and improve it on a grand scale. We trust that the latter report will prove true. There is very little vacant available space to he had on Cherry street, and that ought to be occupied and'improved by our own merchants and capitalsts. One real estate firm in the city expresses tlie opin ion that before the end of the ensuing summer, there will be several duplicates of the magnificent building erected by Messrs Nussbaum <& Dannenbmg, and which they occupied yesterday with stock which would challenge notice evon on Broadway, New York. “So mote it be.” ' - . ... Wonderful Increase in Railroad Building From tlie Itailroad Aye,and other reli able sources of information, wo learn that 3010 miles of broad gauge railroad have teen completed in the United States the present year, and 728J miles narrow gauge. Total 8,738J miles, Kansas shows the greatest length of track laying, having , built 500 miles, and Minnesota follows with 394 miles. Iowa boasts 371, Dakota 220, and Ohio 213J miles. About one-quarter of the total mileage is narrow gauge, •This shows that under some circum stances this less expensive kind of railroad is stiU in vogue andmust prove profitable, It will be-a longtime before the vast terri tory of the United States Is supplied with the number of railways needed for its full development. One or two more, including notably the Macon and Brunswick exten sion to Covington, are still needed in our ownState. f ,_ u, . Killed. Special to To'egiaph aud Meswoaer.J Cochran, January 3.—Mr. Charles Mullis, a youngman of this place, was in stantly killed to-day by a loaded wagon passing over his body andneck. Hehadre- ceived a load of freight from the depot, and was returning home. His remains SUPREME COURT. Decision of the Maine Judges. Bangor, Me., January 3.—The 1'ollow- is the fall official text of the unani- Deomons Rendered December 30th, m0 us opinions of the Supreme Judicial TTam 7T7a«ma« PL a .* • • _ •» ■« . * » .. Hoffman vs. Barthelmess. Certiorari, from Chatham. Warner, C. J.—On the 30th July, 1878, Lucy M. Hoflinan, as plaintiff, sued out a possessory warrant against George S. Barthelmess, defendant, under the pro- ,-isions of tlie 4032 section of the code, to recover the possession of a certain de scribed gold watch and chain and trinkets attached thereto. On the hearing of the ease before the justice who issued the warrant, he awarded the possession of the property, to the plaintiff, upon her giving bond in terms of tlie law, whereupon the defendant sued out a certiorari,and brought the case into.tlie Superior Court, on the hearing of which upon the amended an swer of the jqbtice, the court sustained the certioVai i, and decided that the defendant was entitled to the possession of the proper ty until the plaintifl'intlic possessory war rant paid him fifty dollars for services which he claimed; whereupon the plaintifi'iti the possessory warrant excepted. It appears from the evidence in the record that the watch and chain, etc., was the property of tlie plaintiff, and was taken from her pos session in Charleston, South Carolina, by one Matthews, on the 18th of July, 1878; and carried by him to Savannah. On the 20thj!of Julytliftdefendant, who was a de tective; vollintafiiy wrote a letter to the plaintiff At Charleston, in which he stated that Matthews was iu Savanuali, and had a gold watch and chain, etc., which he was informed was her property, do you want him arrested; if so, dispatch me at once—will cost you $50, or one-half of the property recovered, as you may prefer. It will he sufficient to say “arrest aud de tain Iiim,” and write in full afterwards. On the 27th of July the plaintiff sent the following telegram to defendant: “Money will he sent on Monday.” It appears from the receipt of the Southern Express Com pany and other evidence, that Matthews had seut the watch and chain, etc., by ex press to tlie plaintiff at Charleston on the same day, the 27th, and it would have been delivered to the plaintiff in Charles ton on Monday, the 2Stli, if it had not been recalled; the 28th being Sunday no freiekt was delivered on that day. It reached Charleston on the night of the 27tli. On the 28tli, defendant arrested Matthews and demanded of him the watch and chain, who then showed him the express receipt, defendant told him that was not satisfactory, and took him to tho barracks and he was locked up, de fendant was not a county officer, and had no warrant to arrest Matthews. Defen dant testified that he then went to the express office and ascertained that the watch and chain could be returned on Matthew’s order if it had not been deliv ered to the plaintiff in Charleston. He then returned to the barracks and told Matthews there was but one way for him to get his reward, and that would be to get possession of tlie prop erty; that if the plaintiff got pos session of the property lie would nev er get it. Matthews tthen gave de fendant an order for the return of the property and asked him to release him. Defendant told him that he would have to keep him in confinement until late in tlie evening. Defendant then gave the order from Mathews for the return of the prop erty to Mr. Adams, tho express man, and requested him to have the property re turned to him, the defendant, and it was returned by express ail'd delivered to him, tho defendant, and Mathews was released from imprisonment. This is a brief state ment from the voluminous record before us as to the means employed by the de fendant to obtain the possession of the property in controversy, and the question is whether the defendant was entitled to retain the possession of the property thus obtained as against the plaintiff in the possessory warrant until his claim for ser vices was paid ? Assuming that the de fendant would have had a valid Jien. upon the the property iu his possession lor sendees rendered if that pos session had been lawfully obtained, yet in this case his possession of tho property as against tho plaintiff was not lawfully obtained, and therefore he had no possession of the property on which his lien for the sendees claimed by him could he based. The property had beeu shipped and consigned to the plaintiff by Mathews before the defendant had arrested him, and the plaintiff would have received it but for tho manipulating process of the de fendant with Mathews iu arresting and imprisoning him without. any legal au thority, and thus procuring ail order from him for the return of the property so as to enable him to get it into his possession, which he had never had before. Posses sion of property obtained in that way, is not the kind of possession upon which 'a lien can he asserted for services claimed to he due in obtaining tliat possession as against the plaintiff's right of possession in view of the facts disclosed by the records in this case. The sustaining the certiorari and reversing the judgment of the justice, was error. Let tlie judgment of the court below be reversed. A. 'P. &S. B. Adams, for plaintiff in error. R. R. Richards; J. R. Saussy, for defen dant. <r. lelii •> TnE baby has its preference as well as Paris and Vienna, it seems, .were ana was ieuirmu S anybody; and tlie taste of Dr. Bull’s Baby threatened with overflow yesterday, both, were found in the road a mile or two from ; Syrup random it ^ceptable t° every in complaining of very high rivets. » town about an hour after he Lad left. lant. Price 2o cents a bottle. Court, furnished and signed' this after noon in answer to questions submitted liy the (governor ' 1 Bangor, Me., January 3,1880. Hon. Alonzo Garcelon, Got'eriior^of Maine: The undersigned, justices of the Supreme Judicial Court,have the honor to submit the followine answers to questions propounded: First. When the Governor and conned decide that there is no return from a city in which representatives can be sum-E moned to attend and take their seats in a legisl ature,' frit their duty to older a new election, oris it competent for the House of Representatives, if it shalLappeaclhat there was an election of such representa tives, to admit them to seats, though no- return thereof was made and delivered in to the office of the Secretary of State.? Answer-^No authority is given to the Governor and Council, when there is not a return, to order a new election. When a seat of a Representative has been vaca ted by death, resignation, or otherwise, provision is made by the revised statutes, ciiaptcr'4, sections 38,44 and 47, for the tilling of existing vacancies by these pro visions. Whenever the municipal officers therein mentioned, by any means havq knowledge of tho death of a Representative elect, or of a vacancy caused In any other way, it is their duty to order a new elec tion. If it appears'to the House of Rep resentatives that there was an election of Representatives in fact, they should ad mit them to their seats, though no return was made to the Secretary of the State. A representative is not to he deprived of his rights because municipal officers have lieglected their duty. Second. Is it competent for the Gov ernor and Council to. allow tbesubstitu- J on ! of other evidence in place of returned )p':es of each list as are provided for in article four, part one, section five, of the Constitution, to onable them to determine what persons appear to he elected repre sentatives to the Legislature by aplurality of votes returned? Answer.—This refers to the substitu tion authorized by the act of 1877, page 212. The Constitution calls for a return that is regular in the essential form and which truly represents the facts to he de sirable by it.' It does not aim at depriving the people of their right of suffrages, of their right oi representation for formal errors, but aims at avoiding such a result. Third. Are returns signed by a majority of the selectmen of a town, or aider- men of a city, valid within the require ments of the same section? Answer.—To this question we answer that, while the town may elect as many as seven sclectinent, the well known practice is to elect only three, and in such eases the returns to be valid must be signed by a majority of them. Fourth. Is a return by tho aldermen of a city, which does not give the number of votes cast for each person voted for as a member of the Legislature, and does not show what persons were voted for, as such .members in any one of several wards of such city, valid returns within the require ments of the same section? Answer. We are not sure that we can comprehend fully this question. Our answer will be. to meet its supposed pur poses. It is immaterial whether the Al dermen returned to the Governor and Council a detailed vote of each ward sep arately, or whether they returned tlie re sult of all the rotes of all the wards for each candidate. Either mode is a satisfac tory way of reaching the same result—' substance only is sought for in such mat ters. Nor is it a material matter that, in stead of returning all the names of per sons voted fo- there is a return of votes as scattering; provided that, however, such votes may he added or subtracted when some candidates or set of candidates ap pear to he chosen by a plurality of j totes thereon. The Governor and Ctfunujl can not officially know, nor have they the right to ascertain that the votes returned as scattering were not actual ballots with the word scattering written thereon. Fifth. Are returns from towns or cities, which are not attested by the; town or city clerk, valid within' tlie same section? Answer—Returns from towns and cit ies which are not attested by the town, plantation or city clerk, are not valid. By the act of lS73,eode 159, the returns of such a clerk pro tern or deputy clerk, are to have the same force and ell'ect. as if signed by a clerk. Sixth. Have the Governor and Council a right to reject returns of election of members of the Leglature, required by the same election from officers of the town which were not made, signed or sealed up in open town meeting ? Answer. The Governor and Council must act upon the returns forwarded to the Secretary of State. If they purport to be made, signed aud sealed up iu open plantation or town meetings, they consti tute the basis of action of the canvassing hoard. No provision is found in the con stitution or in any statute of this State, by virtue of which they would be authorized to receive evidence to negative facts there in set forth. They, therefore, have no such power. The statement of municipal officers is, in that respect, conclusive. Seventh. Is a return of two persons purporting to he Selectmen of atown valid and sufficient evidence of the vote of the town, when it appears there were at tlie time of the meeting, at which the election was held hut two Selectmen of that town? Answer.—When a majority of the Se lectmen are absent from the meeting for election purposes, or being present neglect or abuse the act, such meeting may choose so many Selectmen pro tempore as are ne cessary to complete the number competent to’do the duties. It. S. C. 4, section 20. In case of death or removal of all Selectmen two would be sufficient and competent to act. The inquiry is if the return would be valid when there should he hut two Selectmen, at the time of the meeting at wliich election was had. If other Select men had been deceased prior to the meet ing survivors might act and their acts would be legal, but canvassing boards are to be governed by the returns. Eighth. Can a person who is not a citizen of the United States at tha, time, be legally elected, or constitutionally a Sclectriian of a town ? Answer. A person not a citizen may be elected or constituted a Selectman, so that his official acts bind the town so far as affects the public. Such a one would he an officer de facto, and be clothed with apparent rights. Ninth. If a ballot lias a distinguishing mark in tlie judgment of the Governor and council, such as would make it. ille gal under the statute, have they authority to disregard it in their ascertainment of what persons appear to be elected, where •it appears by the official returns of tlie officers of the town that such vote was re ceived by the selectmen subject to objec tions, and its legality referred to the Gov ernor and council ? rNo answer, received.! 'tenth. If the names of persons appear in the return without any number of votes being'stated or carried out against them, either in words or figures,'is it the duty of the Governor and Council to treat those persons as having the same number of votes as another person received for tho same office, and whose name is placed first in the return, if they find dots under figures or words set against such other persons named ? , Answer. It marks or dots are placed under the figures, or words of the first can didate the vote in tlie returns should he counted. Wiicte it appears by letters or figures in the first line and by ditto marks or dots on the following lines, showing that tho samo class of candidates received the same votes there can be no ground fof rejection. Thcword ditto and its abbrevia tion to “do,” ind dots or marks that stand for ditto, are in common use, ‘and have a perfectly well defined meaning known to persons generally. That meaning should not .be disregarded. ! We answer the question in the affirmative. Eleventh. Have, the Governor and Councirthe 'legal right to decide what kind of evidence they will receive and what mode of proceeding before them shall be, to enable them to 'determine the genuineness of return* required' by the article and section of\ the constitution above mentioned?, . ' nV- ' Answer—We assume that the genuine ness of the return referred to, relates ei ther to the signatures of the officere simi-1 mg, or to the alterations of the returns an< * ^ ounc il have no power to reject rHurns unless objections in wri- i ting is presented them, setting forth that signatures of such officers or some of them THE POSTAL SERVICE. Tho Tnangaration of tho PrcoDelivory System. On the first of January, tlie free deliv- b^n^ltered after signed. 111 The Governor ! ^ ” duly iuau « uratetl * the and Council have no right to reject' rc turns Tor such cause, without 'giving nar- ties interested therein a fair opportunity to be heard. The genuineness of returns in these particulars is to he presumed. Twelfth. If the Governor and Council Jiave before them two lists of votes re turned from the same town differing ma- terially from each other in the number of votes returned as cast for the same persons but identical in all other respects, both having been duly received at the Secre tary’s office, and they have no evidence to enable them to determine winch is the true and genuine return, are tlioy required to treat either of them as valid, and if so. which? * Answer—When two lists cf votes are returned to the office of the Secretary of State by the clerk of any city, town or plantation, and' hoth are duly certified, the return first received at the office of the Secretary of State must he the basis of action for tlie Governor and Council. If a defective or not true eopv of the record, it can he corrected or the defects supplied only in accordance with tlie provisions of the statute relating thereto. Thisgovem- ment rests upon the great constitutional axiom, that the power is inherent in the people. [The remainder of the decision was not received.—Ed.] An Old Stand-By. We are in receipt of a renewal sub scription from a valued subscriber, who for/orty years, without a break, has ta ken the TELEOBArn. He resides in Buena Vista, and is a gentleman of cul ture and high standing. But for the fact that it might give offense, we should cer tainly print the name of this sterling pat ron. He is as modest, however, as a girl, and does not seek Ihe notoriety of a; pub lic notice. Thanks for his kind words of appreciation and unswerving friendship. The Election of a Clerk for the City ’Council. Tlie vacancy, occasioned by the resigna tion of Mr. McLaughlin in -consequence of his ill health, has summoned to the front a dozen contestants for the office of Clerk of Council. By the late law, that func tionary is also ex-officio clerk of the Bond Commission, and upon him will devolve the task of keeping the books and counts of tho Commissioners in addition to his Council duties. It will be seen, therefore, that the position is one of con siderable importance and should be well filled. There will certainly he sufficient material to select from. City of Glasgow Bank. An editorial in the New York Sun shows that the Scotch deal with defaulting hanks as severely as Americans do leni ently. The liabilities of the City of Glasgow Bauk were sixty-four million dollars, aud assets thirty-eight—leaving a deficiency of $26,000,000. For this, each shareholder was jointly and severally lia ble to the full amount of all he possessed. November 19,1S7S, each one was assessed $500 on every $100 share, but it yielded only $10,500,000. In March, 1S79, a second assessment of $2,250 on every share yield ed $11,500,000. The creditors of the bank have now received $37,000,000, and $18,- 500,000 are still due. Of the original 1,810 stockholders, 1,650 hare been purstifd to insolvency. 600 of these gave up ; all that they had at once; hut they were held to a rigid account. In Old Scotia it is the bankers that smart instead of their deposi tors, and who would be a banker on those terms? Why not Surrender? , Mozis Adams,(George W. Bagby),writes the Charleston News and Courier from Richmond, that the third term is as inevit able as the fourth of March. That Vir ginia and a number of other Southern States will go for it by an immense ma jority, and that “ever increasing centrali zationbeing a fixed fact,and the third term being a fact equally fixed, the-paramount duty of the South not less to the whole eountry than to itself is so to act as not to increase Grant’s animosity, and in any event, whether Grant live or die, to shape its course in such a manner as to escape if possible, that horrible fate which threat ens to make, and indeed has already made her “the Ireland of America.” Well, if the third term is so fixed and inevitable, it will not need our votes to help it along. That is a blessed consider ation. Every man who has a little respect for himself and for sound precedent is free of the smallest necessity for voting the third term. But we are afraid this Mozis is not a Moses oT the olden time. We are afraid he would have gone over to Pliarqah instead of standing out against him. There is no need of surrendering to Grant except what may be found in ex pectations of profit. The Anti-Grant Boom.—James R. Young, (a brother of John Russell Young and a staunch Republican,) writes from Washington: “The anti-Grant men are beginning to boom, and are making times lively for the third-termers. They have a powerful organization in a newspaper way, nearly all the correspondents here being i n sympathy with them. These cor respondents are a shrewd, bold, able and untiring set of fellows, and skilful in handling news for effect. They can twist a paragraph of news into a stab or a com pliment without the least fear of the read er detecting the motive. In politics some ore Republicans, some Democrats and some not particular either way. It is the old cry of anything to beat Grant. It is a peculiar combination- of the Republicans who supported Greeley against Grant in 1872, Bristow against Blaine in 1876, and those who. now want either Blaine or Sherman in preference to Grant.” The Panama Canal.—A correspon dent of the World on tlie Isthmus of Da rien, interviewed M. de Lesseps on his ar rival at the isthmus and learned from him that he expected to get through with his engagements there during tho current month and to be on his way to San Fran cisco and New York by the end of it, which shows that Lesseps’ main idea is to get a running start for his route—the prestige of an actual beginning. The. B'orftZ says: Unless the govern ment of .the United States so acts in tho premises, and without delay, as to leave neither M. de Lesseps nor the people of Central America many possible doubt as to its determination to assert for this country its proper predominance over the seas to be .united by any isthmian or Cen tral American sliip-canal, we may make up our "minds that the arrival of M. de Lessep? on the isthmus to-day prefigures for us an era of complications an J difficul ties in regard to the foreign policy and the commercial relations, of this country more serious than any vre have had to deal with in the last twenty years of our history. Richard C- McCormick, commie,ion- er general for this country at the Paris Exposition, has done ap almost unheard of thing in conducting national exhibits by turning an unexpected, balance of $10,000 oyer into tlie .Treasury at Wash ington. city and the five carriers now make their regular rounds. The city has been di vided into four districts and a-fiflh formed of a portion of tho suburban of territory included in the service. District number one -is served by Mr. Joseph Sprintz. It dbrumences at tho Telkoraph-and Messenger comer on Second street, extends down the left hand side of Second u. Hazel; down Hazel to- tlie Macon and Brunswick railroad, thence to Cherry street and back to the starting point. In tliis district the boxes arc lo cated at the TELEGRAnr and Messen ger comer; D. H. Howe’s, Second street;. Ralston Hall comer; Jaques & Johnson, Third street; Third and Poplar and--. Fourth and Poplar; Cherry and Fourth; Brown House comer; Central railroad of fice; Crockett’s foundry, Fourth street;' and Third and Oak street. District number two is served by George O.'Smitb, colored, and begins at S. T. Coleman & Co.’s comer, extends down Second street to . Hazel, up that street to the Macon and Western railroad, along that road to the Vineville branch, and thence to Washington Avenue,toMag- nolia street and down Cherry to tho start ing point. The boxes in this territory, which is the most extensive and laborious of all, arc located at tlie comer of Wash ington Avenue and College street, Acad emy for. the Blind, Roberts’ comer, Spring and Cherry streets, Mount de Sales Acad emy, Ware’s store near Macon and West ern railroad, First, comer of Oak, South Macon Cotton Factory, City Hall, Spring street and Cotton Avenue, First and Pine, L. W. Hunt’s, Poplar street, South Macon Grammar School, Cherry street and Cot ton Avenue. Tiie third district lias been given to Mr. Louis Nelson, the mounted carrier, and includes tlie territory outside of tho city limits, and commences at the Macon and Brunswick railroad depot, and run ning alongside the Macon and Western railroad, includes Bassett’s Hill, Vine ville,'the county hospital, and all points beyond tlie Vineville branch. The boxes are arranged at the Macon and Brunswick railroad office, Hon. J. H. Blount’s, Daly’s store, South Macon; Giles’ store, O’Hara’s store; Second street, near Colonel Ader- hold’s, Casey’s store, Judge E. E. Brown’s residence, and Mr. J. S. Schofield’s, Vine ville. Mr. Pat Pierce is in charge of district No. 4, which begins at Hunt, Rankin & Lamar’s retail store and extends down Cherry street to the limits, and down Sec ond to tlie river. The Park and East Macon are included in this district. The boxes are located at the comer of Third and Mulberry, Walnut and Fourth, and Nelson’s store in East Macon. The fifth district, commences at tho First National Bank' comer, extends up the eastern side of Cherry street, and Magnolia to College, along College to Washington Avenue to the Vineville branch, and then to the river, and from: the starting point to the river. John N. Blackslicar, colored, is on this route. The boxes are located at Miilbeny Street Church Parsonage, comer Spring and Walnut, comer Geoigia Avenue and Or ange, Bond and College, M. J. Baer’s on Geoigia Avenue, and in front of R. B. Hall’s drug store on Cotton Avenue. The system has been started under very enojhraging circumstances; In the ' two daykof .the service ending last? cycling, 2,1X7 pieces of mail matter was taken out by the carriers, of .which but forty-two pieces were brought hack to the office and those on account of the parties to' whom they were addressed having removed from the city or the district. This is a re markably good showing. The following hours have been fixed: Mail will be collected from the boxes at six o’clock a. in., sharp, and matter then collected will be in time for all the oilgoing mails, except on the Central, Ma con and Brunswick aud Macon andCamak roads. Another collection will be made when the carrier are on their return trip from the general delivery, and still anoth er at 5-30 in the evening. The general morning delivery over the city will take place between eight and a quarter past, and another at 4.30 in the afternoon. All who have not returned their keys tq.the post office, are considered desirous of retaining their boxes. Those wishing to avail themselves of the free de livery system, are requested to make it known at the post office, and any com plaint about carriers should be made to post-office. Under the direction of the efficient offi cials in Macon office, the free delivery, is proving a great success. Jack Frost a Fire.—An English paper reports an incident full of suggost- iveness at this season of tlie year: “Dur ing a fire which broke out at Newcastle last week owing to the frost the fire plugs were frost-bound, and could with difficul ty be removed. This was only the first of a scries of incidents in Which the frost played an important part. It was neces sary to send the water through one of the windows, and P. C. MacDonald assayed to mount a ladder for the purpose of doing so. The frost was so keon, liowever,.that the water formed into ice on the ladder in a minute or two, and MacDonald slipping, fell to the ground, a distance of fourteen or fifteen feet. Beyond a painful shaking lie was not much injured. P. C. J. Gray then mounted a ladder reaching to the top of the house, carrying a hose-pipe withhim. He remained there for somo time directing the water to the places where it was most needed. IBs clothes becoming saturated they literally froze around him, and the intense cold benumbed him so much that when he was relieved he had lost the pow er of Ills limbs, and he fell to the ground below, a depth of about thirty feet. He was severely injured, and had to be re moved to his home. The frost had yet another victim, for one of the party told off to remove Gray fainted, and lie also had to be carried away. Notwithstanding this, the brigade, under the direction of Captain Nicholls, the chief .constable, continued the work, With the water flying about in all directions, the men soon became wet through, and as the liquid.froze with as tonishing quickness, some of them were absolutely clothed with ice. A system of relief parties was instituted, however, and about mid-day the fire was totally quenched.” —Prince Milan, of Servia, who enter tains, as is well known, the most extrava gant notions about the divine rights of kings, became recently greatly excited at reunion at his palate while advocating the unlimited prerogatives of Ids order, and addressing his Prime Minister, Dr. • Ristick, who ventured to differ with him, exclaimed with much heat of manner; “Ristick, if I order yon to jump into the sea, you will certaiuly plunge in head- foremorst.” Dr. Ristick bowed respect fully, aud moved towards the door. “Where are you going, Ristick?’ inquired -• his Highness, bending Ids brows in dis pleasure. “Your highness will pardon me,” replied the astute statesman; “I am. going to learn to swim.”