Georgia weekly telegraph and Georgia journal & messenger. (Macon, Ga.) 1869-1880, January 13, 1880, Image 3

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di l?£ ©jeuicjgiit lH&eMg s«$* Battened & Sj^&sumgec, by telegraph debus, January 8.—The Irish Times «avs the government is determined to use 4:230,000 of the church surplus as a fund to be loaned at an exceptionally low rate of interest to landlords and local bodies for expenditures in the construction of nermanent works, in order to provide la bor for unskilled workmen. The loan is to be repaid in thirty-five years. London, January 8.—A fire broke out at Amsterdam, Holland, in the sugar re- Jincry of Benker & Ilulslioff last night, and has been raging with great violence. London, January 8.—A Paris dispatch says the news of Edison’s discovery in electric lighting has produced some sensa tion here. Count Damoncel, who is re cognized here as the highest authority on electric science, writes to the Temps say ing the new lamp is not near, and warns the public against the pompous announce ments from the New World. Pcebi.a, Cor.., January 8.—Twelve Utes, in charge of Lieutenant Taylor and ton men, arrived here yesterday, and im mediately proceeded East. Between two aud three thousand people congregated at the depot, and “hang the red devils,” “shoot the murdering fiends,” and like ex pressions were’frequently heard from the crowd; and the Indians were pelted with coal by the boys who boarded a coal train on the side track. The savages were terror-stricken and completely cowed. A move was on foot in the morning to organize 5,000 men and u-nch them, but cooler counsel prevailed, and the citizens determined to let the In dians pass without injury. Had there been any injudicous action taken by the trooiis or miners, no power could have re strained the mob from lynching them. llad Douglass, or any Indians engaged in the murder of Meeker, or in outraging the Meeker family,been on board, the rope would have come into play. Lieutenant Taylor, in an interview, ex pressed himself determined to protect the Indians at all hazards, should the mob at tempt to seize them. Cincinnati, January 8.—J. B. Man- nix, assignee of Archbishop Purcell, yes terday filed in the probate court a sched ule of real estate, which he claimed to be liable to sale for the benefit of creditors of the Archbishop. The schedule covers all the property of the Catholic church in the city—the cathedral, churches, parochi al schools, buildings and lots.. The prop erty is to he appraised, but is now esti mated at over a million and a half. The attempt to make this property assets for creditors will be bitterly contested. A meeting of creditors will be held to-day, to decide on the proposed appointment of E. S. Troop, attorney for the bank credit ors, as assignee in place of Mr. Manuix. Morristown, N. J., January 8.—Min ers in four of the mines near Denver, Morris county, have struck for an advance from $1.25 to $1.50 per day. The strike began in the Boker mine, and it is thought will lie general. At the mines orders for ore arc largely in excess of the amount mined, and it. is expected the men will get the desired advance. No violence is apprehended. Baltimore, January S.—A collision occurred last night near Martinsburg, West Virginia, between two freight trains on the Baltimore and Ohio road, but par ticulars are not known here yet, except that numbers of cars were thrown off the track. Washington, January 8. — In the House a resolution has been adopted di recting the Committee on Appropriations to inquire into the causes and extent of the postal deficiencies in the postal star service for the fiscal years 1S79 and 18S0. Committees are now being called for re ports. The House Committee on Appropria tions discussed at some length this morn ing the request of the Post-oiliee Depart ment for an appropriation of $2,000,000 to cover the increased expenses of the star service, and decided to report at once a resolution authorizing a committee to in- stilutc an investigation of the entire mat ter. The subject of the pay of United States Marshals was referred to the sub committee on deficiencies, of which Rep resentative McMahon is chairman, with instructions to prepare a bill. The army and Indian appropriation bills were also discussed, and the sub committees authorized to prepare and re port them to the full committee as soon as possible. It is believed they will both be reported to tlie Houre within a week. . In the Senate Mr. Wallace presented a petition of Drexel & Co., and others, of Pennsylvania for the withdrawal of. the legal tender quality of the treasury notes. In doing so he desired to say that the gentlemen signing the petition represent ed the leading commercial, banking and shipping interests of Pennsylvania and tlicir opinions on the subject were entitled to attention by the Senate. The Sergeant at Arms brought to the bar of the Senate L. T. Smith, J,evi Wil son, ami E. B. Purcell to answer a charge of contempt in not obeying the summons to testify in the Ingalls gase; • Mr. Smith made a statement to the ef fect that he sent a telegram to the com mittee saying he knew nothing about the election of Ingalls. A discussion took place as to accepting witness' explanation. Mr. Saulsbury was in favor of discharging witness .upon his appearing lieforc the committee and tes tifying. "Mr. McMillan and others objec ted to keeping witness in custody, claim ing that no lawful summons had been served on him. Washington, January S.—After a long discussion of the case of Smith and other recalcitrant witnesses in the Ingalls case, they were discharged from custody. Mr. Jonas, of Louisiana, presented a pe- 1 it ion of the ship owners of Louisiana, asking for an amendment of tlie law rel ative to the forfeiture of vessels for a vio lation of the revenue laws. Mr. Jonas, of Louisiana, introduced a bill to repeal the 22nd section of the act to in corporate the Texas Pacific R. R. Company, to aid in the construction of its roads aud for other purposes ; and also to declare that the rights, privileges and.lands gran ted in said section to the New Orleans, Baton Rouge and Vicksburg railroad be forfeited, and to re-cnact said section in favor of the New Orieaus, and Pacific Railroad Company. Referred. At 2:10 o’clock the Senate went into executive session, and when tlie doors were re-opened, adjourned. The Senate in executive session to-day confirmed nomination of J. D. Wilson the as Postmaster at Murfreesboro,Tennessee. Washington, January 8.—At 1.40 p. 111., the House went into a committee of the whole on the report of the committee 011 rules. Reagan,of Texas,spoke in oppo sition to the proposed rule, which pro vides the committee on commerce shall re port on the river and harbor bill merely for reference to the appropriation committee. He thought that the latter committee bur dened as it is, could not give the subject proper consideration; lie objected to the plan of making one committee merely clerk or amanuensis for another, and declared that the commerce committee had always acted ujioii the river and harbor bill with faith fulness and efficiency. After some further discussion, in which Messrs. Garfield aud Hooker, of Missis sippi, participated, Mr. Randall, of Penn sylvania, disclaimed in behalf of the com mittee on rules, any intention of abridg ing the power of any House committee, or of saying a word derogatoiy to any committee, hut the River and narbor bill had steadily grown year by year, from $2,000,000, to $8,000,000, and he thought it time the House be warned that the bill should have a fuller consideration, and be less excessive. Further discussion ensued, ending In an animated personal debate between Messrs. Randall and O’Neil, of Pennsylvania,' ' h li caused much laughter and confu sion, but which had little to do witli the subject. Pending the discussion the com mittee rose and the House rdjoumed. Augusta, Me., January 8,—Both branches of the Legislature assembled quietly at 10 a. m., In the'presence of a much smaller mriiber of spectators than yesterday. In the Senate, Senator Hobson offered a resolution for the appointment of a joint committee of both Houses td investigate the charges of attempt of bribery of 111cm- bcis of the Legislature since the receipt by them of their certificates. The resolution was opposed by the Republican Senators on the ground that no bribery of Senators had been charged. If the members of the House had been bribed the investigation should begin there. The resolution was however adopted. No other business of importance was transacted.' In the House the records of yesterday were read, and revealed the fact that none of the officers voted for had more than seventy-two votes. Mr. Hale announced ,tlie presence of sixty Republicans with certificates, who were ready to he quali fied. Acting Governor Samson refused to qualify them at present, as he did not know the extent of his powers in that di rection, but said he would inform himself. The House then quietly adjourned. The Republican members will probably be qualified to-morrow. Mr. Sproul, of Veazie, who is among the number, will act with the Republicans, thus giving the latter a majority in the popular branch, should the members from the five cities be admitted. Richmond, Va., January 8.—The Su preme Court of Appeals of Virginia has affirmed the judgment of the Hustings Court in this city, in the case of John E. Poindexter, convicted some months since of killing Charles C. Curtis on the third of March last. Poindexter was sentenced to the penitentiary for two years for vol untary manslaughter. Washington, January 8.—The Presi dent sent to the Senate to-day the nomi nation of William H. Pancic as Receiver of public moneys at Huntsville, Alabama. The National Greenback labor party conference met here to-day with 125 del egates from twenty-eight States in attend ance. Hon. T. H. Murcli, Greenback Congressman from Maine, was elected permanent chairman, and the committee appointed to report upon tlie time and place for a National Convention to nomi nate a candidate for President. Washington, Jauuary 8.— John B. Hussey, of North Carolina, has been ap pointed Librarian of the House of Repre sentatives. London, January 8.—A St. Petersburg dispatch to Reuter’s Telegraph Com pany says, the Society of Khardoff, in view of the terrible distress prevailing in the province through the ravages of diph theria, has formed three medical and san itary detachments to assist the govern ment in combatting the epidemic. | {Augusta, January 8.—The weather to-day was cloudy, and there was heavy rain toward the close of to-aay’s racing, but not enough to injure the track. The attendance was large and enthusiastic. The first race, mile and a quarter dash, had five starters—Santuc, Aaron, Ben Hill, Gabriel and Lucky Hit. Ben Hill went to the front at the second quarter, but was passed on the homestretch by Ga briel, who won by two lengths in 1:59J— Ben Hill, Aaron, Santuc and Lucky llit coming in in the order named. In the second race, two mile heats, there were three starters—Burgoo, Leroi and Round Dance. Edgefield was excus ed 011 account of a slight accident. Round Dance won the first heat easily in 8:49, Burgoo second. The second heat was also won by Round Dance in 8:45, Leroi sec ond. There was heavy rain with thunder and lightning to-day. John M. Clark, an old citizen and prominent merchant, died to-day. London, January 8.—Mr. Maskelyne, of the Mineral Department of the British Museum, in a letter to the Times, says the specimens of so-called crystallized carbon, made by Mr. Mactear, of St. Itoloxs Chemical Works, have scratched topaz and sapliire, and even abraded diamonds. He thinks, therefore, that Mactear may. reasonably ask for a suspension of judg ment upon his claim to have discovered a process of making diamonds, until fur ther experiments shall settle the ques tion. THE SUPREME COURT. Decisions Rendered January 6th, 1880—Hon. Hiram Warner, Chief Justice, Hon. James Jackson and Logan E. Bleckley Associate Justi ces. Headman vs. Rose et al. Application for administration, from Chatham. Waknkb, C. J.—This case came on to be tried in the court below on an appeal from the court of ordinary of Chatham county, granting letters of administration on the estate of William Rose deceased. The applicants for letters of administra tion were Henry D. Headman (who had been appointed temporary administrator), Charles H. Olmstead and Mary Rose. On the trial of the case the jury, under charge of tlie court, returned the following ver dict : “We, the jury, find that the de ceased, William Rose, was a citizen of the United States; that Mary Rose is the wid ow of the deceased, and being a citizen of the United States and resident of the State of Georgia, is entitled to the administra tion upon the estate in question.” A mo tion was made for a new trial on the vari ous grounds therein set forth, which was overruled and the other contestants ex cepted. There were two bills of excep tions filed, but both cases were argued to gether here. It appears from the evi dence in the record, that William Rose, the deceased intestate, was bom in Eng land, and came to Savannah in 1850 or 1851, where he continued to reside until his death, in July, 1875, being generally considered an unmarried man. He left an estate .consisting of both real aud per sonal property of nearly the value of $57,- 000. It also appears from the evidence that the intestate, William Rose, was mar ried in October, 1S49, to Mary Hargrave (now Mary Rose, the party to this suit,) they both being British subjects; that about three months after their marriage Rose left England and came to the Uni ted States, never having returned. to Eng land since he left there. Mary . Rose re mained in England and never saw her husband after 1840, and there was no correspondence between them after about six months from the time he left her, though she knew where he was. It fur ther appears from the evidence that, on the 14tli of September, 1878, Messrs, nartridge & Chisholm filed a caveat in the Court of Or dinary to Headman’s application for let ters, in the name of Mary; Rose, she then being in New York, just arrived there from England, and never having' been in Geor gia; that she then came to Savannah to re side and expressed her intention to perma nently reside there, and made application for letters of administration in her own name on the estate of her deceased hus band, there being no children. The first error complained of by Headman is, that when the case was called for trial and a panel of twenty-four jurors was put upon the parties, two of the caveators appel lants each claimed the right to bare six strikes, and the court ruled that each of said caveators were entitled to six strikes, and a jury of thirty jurors erapannelled to try the case, without the consent of Head man, and each of the caveators were per mitted to strike six jurors of said panel, to which rulings of the court Headman ac cepted. This ruling of the court was er ror. There is no law, that we are aware pointed administrator on the estate of her effect that enterprise will Jm to all intents * ruptible general superintendent and board deceased husband. The court charged the and purposes a new organization so far of commissioners, forms an isolated ex- “Tl/e Mx^uertfonis,^ e a^esident of, “ relates t0 lts P 01 ^ and future man ‘ «P*» *» the above general rule. That Georgia? This is a question of law in. agement. The same officers will do, the enterprise is as well regulated as if Colo- one aspect and a question of fact in an- j routine work, but under the direction and other view. I charge you, gentlemen, • absolute control of the road to which it that the domicil of the husband is the , „ . domicil of the wife. Now, a good deal has been leased and ™tually united. • • Colonel Cole is the master mind that will Now, has been said here about their living sepa rate aud apart, and something has been said that in Georgia you might have two domicils for a particular purpose. Di vorce is one. I forget the other; but in this case I take it that the separation that. took place, we don’t know for what cause, < or under what circumstances, or how or whether it was intended to be perpetual; it was for a long time, but there ought to be articles of separation that they inten ded to live apart.” This charge of tlie court, in view of the provision of the 3248th section of Hie code, was error, and this court has no discretion under that section, but is bound to reverse the judg ment whenever the court violates it by exposing or intimating its opinion os to what has or what has not been proved. The question in the case was whether Mrs. Rose was a resident of Georgia at the time of the trial, and the domicil of her husband during his life time did not make her a resident of Georgia. Let the judgment of the court below be affirmed. Rufus E. Lester; Andrew Sloan for p'aintiffin error. R. Falligant. J. B. Saussy; W. S. Chis holm for defendant. Jackson J. concurring: I think that the act of Congress of 1855 did not have the effect to naturalize Mrs. Sloan, living in England apart from her husband, and never having been in this country at all until after her husband’s death; and yield my judgment only to what seems to be the unanimous opinion of the Supreme Court ofthe United States in the case of Kelly vs. Owens, reported in 7th Wallace. Bennct to. Walker ct al.. Complaint from McIntosh. Bleckley, J.—1. By express provision of the constitution of 1877, all suits by or against a county must he in the name thereof. It follows that when the county magistracy, such as commissioners, sue for laud officially in their own names, no re covery can be had if they have had no ac tual possession, and if the title is not in them but in the county. 2. 'When tlie same persons or hoard con stitute the corporate magistracy of a coun ty and of a city, and, in complaint for land, they sue in the former character up on prescriptive title in the county, they cannot recover on proof of title in the city. 3. Acceptance of a deed from the Or dinary, made by him officially, is a recog nition by the purchaser of title in the county at the date of the deed, aud whilst the purchaser is in possession under such deed he holds under the county. The deed of the Ordinary does not pass title ■ out of the county; lie having no legal pow er to make it, but only to authorize it to be made by some one or some other per sons as a commission. Such deed, how ever, if free from fraud, will be color of title 011 which to base a prescription; but if tainted with actual fraud affecting the conscience of the purchaser, possession of, to authorize the court to empanel such under it will not avail. The jury may in- a jury as it did for the trial of the case, but on the contrary it was in violation of j for actual fraud from a false recital in the instinment as to the mode of sale, togeth- Hie plain provisions of the 3932d section j er with inadequate consideration, and the of the code, which provides for a panel j further fact that the sole consideration of twenty-four jurors from which was a claim by the purchaser for insol- thc parties, or their attorneys, may strike 1 vent costs due him as sheriff to the pay- altemately until there shall be but twelve ' meat of which the general revenue left which shall constitute the special juiy J of the county could not by law be ap- to try the case. The result, therefore, is J preprinted, the claim being a legal charge that there has been no triai of the case by only 0:1 fines and forfeitures. Judgment reversed. W. A. Gignilliat; Tompkins and Den mark, for plaintiff in error. Rufus E. Lester, for defendants. Watts & Bro. vs. S. & O. Canal compa ny. Complaint from the city court of Savannah. Bleckley, J.—An incorporated canal company whose business is to maintain and keep open a water way for the use of the public, taking tolls for such use, and having, at or near tlie terminus of the ca nal, basins for tlie accommodation of its customers, with a usage or regulation that timber which lies in the canal or the basins for more than fifteen days after a lawful jury cuipanneled as Hie statute ... requires. There was no error in the re- » i fusal of the court to dismiss the appeal of Mary Rose on the motion of Headman on grounds therein stated. There was no l3!SESn!SS! s£ass& s smvsj 3r“„i£i3ft, JfiSSrfS3 Sromtto^ fo rime The , «*«>urtsof this State wiH take judicial to be made upon more heretofore proposed, namely, I evidence the minutes of the City Court of »t=r«=ra=6.2.!SE a i„-,w «.*«. ' authnrirn record ofthe minutes and proceedings of i «> a ? court was the proper place to look for Us judgment in that ex parte proceeding before it. The judgment, as found on the record of the minutes of the corn-1 of tlie second of March, 1859, recites that “William Rose, an alien and a subject' of tlie Queen of Great Britain and Ireland, (and other persons named therein,) peti tioned the court to he admitted as citizens of the United States of America, and it appearing to the court that they have in all things complied with the requisitions of the naturalization laws, there were duly admitted citizens ofthe United States of America after taking and subscribing in formation of baronial sessions to deter mine the nature of such works. There are some further reports of dis turbances by riotous assemblages in resis tance to process served in tlie counties of Mayo, Galway and Sligo, but 110 serious confficis have occurred, owing to the’for- bearance of the police. The process servers have, in in most cases, been com pelled to abandon the effort to do their duty. Whitehall, N. J., January 8.—The glycerine building of the Zaflin Rand l’owder Company, at Oakridge, N. J., was demolished by an explosion to-day. the oa tli of allegiance.” Two men were blown through the roof TIlU n ,i, ni = t1l forty feet in Hie air, and so seriously hurt that they will die. Portland, Me., January 8.—The Re publican attorney elect, Coombs, was yes terday appointed to that position by Gov ernor Garcelon, and confirmed by the Council. He will probably decline his appointment, and demand his certifi cate. New York, January 8.—The Chamlier of Commerce to-day adopted a preamble and resolution, declaring that, in view of the usefulness of the National Board of Health, and the importance of such an or ganization, it should be maintained arid its usefulness developed by additional leg islation, in the manner indicated by the National Academy of Sciences. : j London, January 8.—Steamer Silesia from Hamburg to New York, which put into Portsmouth with her steering gear damaged, has been repaired and has again sailed. „ : Washington, January 8.—Senator Yoorliees’ committee, appointed by tlie Sonatc to investigate Hie causes of the ex odus of colored people from the Southern to Northern States, will meet to-morrow for organization. The Senate Committee on Patents heard the final arguments to day on Hie subject of the applicaUon for an extension of the Cook patent for evap orating pans used in sugar making. The case is now taken under advisement. Annapolis, Md., January 8. — The Dcmocoatic caucus to-night nominated for United States Senator A. P. German, who received 54 votes. New Orleans, January 8.—The an niversary of the battle of New Orleans was celebrated by a solemn mass at the cathedral, a military parade, firing Hie national salute, and a display of flags throughout the city. Annapolis, January 8.—Hop, A. P. German, who was to-day nominated by the Democratic caucus for United States Senator, is now State Senator from How ard county, president of the Chesapeake & Ohio canal and chairman of the Dcmo r cratic State Committee. Before the war lie was a page in the United States Sen ate, was afterwards attached to the Senate post-office, and subsequently a collector of internal revenue in this State. Since 1S70 he has been a prominent Democrat in this State, and in 1872 was Speaker of the House of Delegates. —An Alabama Fish in New York.— At Southerland’s, in Cedar street says Hie World, so well known to all good livers, was to be seen yesterday a remarkably fine specimen of the “Gulf red-snapper,” received from the enterprising firm of J. T. Maybury & Co., oyster packers and wholesale fisli dealers, of Mobile, Ala bama. This fine fish, as fresh as when ft. left its home in tlie waters of the Gulf of Mexico, was fonvarded by tho Southern Express Company incased in a solid block of beautifully clear ice, artificially frozen about his fisliship, who will hold a levee at Southerland’s as long as the ice holds out to freeze. This evidence was admissible, tbe more especially when it bad been proved by the clerk of the court then and now, that he administered the oath to Rose in open court, and that the papers relating to Bose’s application for citizenship were regular and on file in his office, and that tbe same cannot now be found after the most dili gent search; and Russell, the clerk, was a competent witness to prove the facts about which he testified, in view of the loss of the original papers. Assuming that Mr. Rose was a citizen of the United States at tho time of his oath as the jury have found, was his widow in view of tlie evidence in the record, entitled to letters of administra tion 011 Ills estate. If she was of sound .mind and laboring under no disability, then she was entitled. Code, §2493. By the 2492 section of the Code, none but citizens of the United States resid ing in the State of Georgia are qualified towe made administrators except as pro vided in section 2493. Was Mrs. Rose a citizen of the United States, and was she residing in this State at the time of her ap pointment, as administratrix on the es tate of her deceased husband? By the 2d sect ion of the act of Congress of 1835 it is declared “that any woman who might lawfully be naturalized under the exist ing laws, married, or “who shall be mar ried to a citizen of the United States, shall be deemed and taken to be a citizen.” When the question was first presented here as to whether Mrs. Rose could claim to be a citizen of the United States under the provisions of that act of Congress (having never been in the United States unttl after the death of her husband) we were all inclined to the opinion that she could not, but upon a, more careful exam ination of that statute in the light of the interpretation which has been given to it by the Supreme Court of North Carolina in Kane vs. McCarthy, 63d North Caro lina Rep. 299, and by the Court of Appeals in New York in Burton vs. Burton, 40th New York Rep., 371, and in Kelly vs. Owen, 7tli Wallace Rep., 494, in which the Supreme Court of Hie United States cite the case of Burton vs. Burton approv ingly, we hold and decide that if Mary Rose was married to William Rose, the intestate, and he was. a naturalized!' citizen of the United States, then she by the terms and provis ions oftlie act of Congressof 1855 was also a citizen of the United States. In Kelly vs. Owen the Supreme Court say, “the terms who might be lawfully natu ralized under the existing laws only limit the application of the bar to free white women. The previous naturalization act existing at the time only required that the person applying for its benefits shall be a free white person and not an alien enemy.” As we are constrained to grant a new trial in this case for error In the se lection of the jury and also for error in the charge of the court (which will here after be noticed)we will state that it is our judgment that if Mary Rose is the widow of William Rose, deceased, and was resi ding in Georgia at the time of the trial, then she was entitled to letters of admin istration on his estate, and further, if she should l»e disqualified for any legal cause from taking the administration, then, as such widow, she will he entitled to select some proper disqualified person to be hp- i .--.ift, t— subject to ail additional charge rate per month, is not liable, in the ab sence of special contract, for tbe exercise of any care or diligence in guarding or protecting the timber, beyond keeping the canal and business in good order; and if from rafts lying in tlie basins, or in the canal itself, sticks of timber be lost at any time, by theft, sinking or otherwise, with out some wrongful act on the part of Hie company or its servants (the burden of proving which is on the owner), the com pany is not answerable for the damages. Judgment affirmed. J. R. Saussy; P. W. Meldrim, for plain tiffs in error. it. E. Lester, for defendant. —Ex-Queen Isabella is very popular'in Madrid. The priests and nuns are, with reason, attached to her, for she was their generous patron, and the people entertain the conviction that'in her love for her children she has redeemed'the habits of dissipation she had been encouraged dur ing her minority to contract. On her ar rival from Paris she was heartily wel ts' >med by all Madrid, and she was im mensely cheered at the wedding, in which she appeared in, the character of the character of the “heavy mother,” blessing the young people and stripping herself of her jewels to fill the caskets of the bride, who wore a diadem which was the gift of Isabella, —A Chicago dispatch from Indiauapo- lis says that the mortality among the col ored emigrants from North Carolina is becoming quite alarming. Three died on Friday night, and twelve or fifteen others, out of the seventy-five or one hundred in that city, died during the last week. The prevalent diseases were scarlet fever and diptlieria, probably aggravated by change oi climate, although the weather has been warm for several weeks. The Democrats are making capital of this by saying that the Republicans are importing negroes under false pretences and then leaving them to look after themselves, knowing that they will not be able to get hack South. The Macon and Brunswick Lease. Watchman, What of the Night? The consolidation of the Central and Western and Atlantic Railroads with the powerful Nashville, Chattanooga and St. Louis line, under the masterly man agement of Colonel E. W. Cole, forms a startling epoch in the railroad history of the South. It will make him the peer in railway influence of Garrett, YariSerbilt and Scott. Happily, however, fliis is a Southern line, beginning at that great focal centre, St. Louis, and stretching out nine hundred miles to Georgia’s sea port. All the through trade from the West, therefore, will he so much pure gain to this section of country. When the company’s line crosses the Georgia frontier in Dade county, so far. as local rates are concerned, it passes un der the control and supervision of the railroad commissioners of the State. Col-^. onel Cole asserts that he will, in every in stance, defer to their decisions, and does not intend to discriminate in the least de gree for or against any city or locality. On the contrary, he roundly declares that Ills aim will be to conciliate the good will of every hamlet on the line of road, and consult the best interests of the people. ^ If this programme is carried out, it will do much to disarm the widespread hostil ity which has, whether justly or other wise, existed up to the present period against the Central railroad. Indeed, in govom. But these changes which many think will prove salutary as far as they go, do not reach the situation in Southern and Southwestern Georgia. The lease and extension ofthe Macon and Brunswick Railroad is the question in which Macon and Brunswick are most interested. We cannot afford to shut up this addi tional highway to the sea, to open which, has cost our people many thousands of dollars. Hence the withdrawal from the ring on the loth instant of two of the most powerful contestants for the prize, must awaken much solicitude on the part of the friends of the road. If our own merchants and the capital ists of Southern Georgia are unable to se cure the lease, then we trust the “Cin cinnati Southern” will step in, or Messrs. Paine and Stanton representing that big Boston company, will come to the front. There is nothing we desire so much as to see Hie lease effected, and the road ex tended to Covington, and eventually to Knoxville and Cincinnati. Then we should have two grand through lines from the granaries and stock pens of the West to the blue Atlantic, within the con fines of our noble State. A wholesome competiHon would be engendered between them, and this would be the best possi ble guaranty for. fair dealing and reasona ble tariffs on the part of both. Failing in this, we have still the consolation that the M. & B. R. R., as it stands, is in excellent hands, and daily increasing its revenues to the State. Moreover, the pledge of Colonel Cole to make no discrimination against it, or any other railway enterprise-in the common- weath, leaves the road as well off for the present as ever. But we still hope and believe Hiat it can and will be advan tageously leased, and extended to Cincin nati. Surely such a magnificent property cannot go begging. In the meantime, the frfouds of the lease should be up and do ing. The crisis is upon them. i The Gum Swamp neighborhood was for some months in a state of excitement and ill-nature, growing out of difficulties about roads to the. mill. The original mill road fell by purchase into the hands of a man of arbitrary disposition, and with the sense of proprietary right came the will to exercise it unkindly. He notified all Ills neighbors that they could not use liis road to the mill. It would have been an easy matter for the neighbors to have built another, had they gone prudently about it; but the most froward man pitched in at once—made an indifferent location, worked it in a hurry, and then because the others refused to contribute assessments promptly, and found fault with the route, took a huff, and he, too, said nobody should use his road to the mill. Then the next one who .got out of meal built pretty much in the same way, and took the same kind of an affront, and made the same pronunciamento. And so it happened that every family in the neighborhood had its own road to the mill, anil would fight in a moment if they found anybody else using it. Now for a time, Gum Swamp consoled itself for their obvious waste of land and labor, with the idea of a corresponding in crease of business ; but the miller said nay. There was just so much corn to be ground, and it made no odds whether every peck of it came by a different road After a time, a stranger bought land in Gum Swamp and studying the situation built a seventh road, and invited the whole neighborhood to use it freely, which they were glad to do, as it was a much better road, and not one of them kept his own in order. Thus peace was restored and all the old-roads lapsed into native wild. -m nel Adams and Messrs. Flewellcn, Jones and Lofton owned it. The Supreme Court on the Legal Tender Question.—Last Monday Hie Supreme Court announced its decision on tlie motion recently made by Senator Ed munds to advance the case of Augustus D. Juillard vs. Thomas S. Greenman, generally known as the legal tender case, which now stands No. 769 on the, calen dar. In denying this and other motions to advance several important cases, which cannot, in the usual course of procedure, be reached in two or three years, Chief Justice Waite took occasion to say that hereafter the court would refuse to grant all motions to advance cases involving important constitutional questions until they can be heard by a full bench. Tlii3 decision may be taken, nerliaps, as an in dication that the court already finds itself evenly divided upon the important poliU- cal and constitutional questions presented in the States’ rights and Federal election laws cases from Virginia, Tennessee, Ohio and Maryland now pending decis ion, and that it wishes to postpone, if pos sible, until Justice Hunt’s seat shall be filled, the consideration of any more ques tions upon which its component members arc 1 ikeiy to stand four against four, and of which, therefore, the only decision pos sible would be an affirmance by a divided court. When the Lease of the Western and Atlantic Bailroad Expires, What Then? | The lease of the State Road has scveii years yet to run. There. are nineteen shares in all,of which Governor Brown and Colonel Cole own together a controlling portion. Mr.. Stephens and Senator Hill have long since parted with their stock; Many changes have been made, hut our townsmen, General Holt and W. B. John ston, Esq., still retain their original shares! Mr. C. A Nutting now owns one-iourth of a share, and Hon. J. J. Gresham another fourth. Tlie several shares represent no positive money value, but are bartered away simply for what they, are worth. Itj is needless toaddUiat they rank among the best securities in the country and are never upon the public market. Since the “consolidation,” tho question was aked Governor Brown in the presence of the writer, “how will Colonel Cole he able to redeem his obligations to the Cen tral Railroad and maintain his line intact after the expiration ofthe Western and AtlanHc Railroad lease?” The reply was, he will either purchase; the State road or procure anew lease' from the Legislature. Failing to do ei ther, he will, if necessary, build another road from Atlanta to Macon., But it is not probable that the State would refuse to sell or lease - again, as the senti ment of the people is well nigh unani mous i on the point that all such enteiprises are much better managed when owned and conducted by private parties. The Macon and Brunswick A Wise Statute. In Iowa, a law has been enacted which remits certain taxes for five years on ev ery acre of fruit trees planted and kept alive. This has so stimulated the ener gies of the honest farmers, that- they have gone to work and set out seventy-five thousand acres of fruit and forest trees, at a saving in taxes of $200,000. This will prove a great blessing to that rainless country. Without trees and vegetation vaporization exists only in a limited de gree, and no dew, fogs or clouds are formed. Time and again has it been demonstrated that, even wiHiin the rain areas of the temperate zone, the cutting down of extensive forests results in a per ceptible diminution of rain and mois ture. This has become so apparent, and, we may add, disastrous, that the planters of Virginia and portions of other States which have been denuded of their timber, are now throwing out old fields to grow up again; or planting quick growing forest trees, such as the flowering locust,Pride of India, et<N In Middle Georgia and all Hie older portions of the State, it would be well for our agriculturists to pursue the same course. The evil effects of a plethora of rain may he obviated by careful drainage. But there is no remedy for drought. For lack of moisture the most magnificent crop prospect on the richest lands must eventuate in disap pointment. .We commend the action of Iowa to her sisters in all parts of the Union. , , ! ;A New Motor- According to the New York Daily Com mercial Bulletin a new motive power is on Hie tapis, which may speedily revolution ize the world. Steam, as a motor, may soon be a thing-of the past, and eyery travel by bysulphide of carbon. This agent was first discovered by Lampadius in 1796, but it was first put to a practical purpose in 1844, when it was used for the extraction of oils from seeds, etc., as it readily dissolves oils, resin, gutta percha, camphor,. sulphur, etc., and, combined with oxygen, forms an explosive com pound. Its expansive power is said to be 18,600 times. A man named Newton, in 1846, first applied it to a motor; but his at tempt failing, experiments have been con stantly carried on ever since by inventors. The power of bisulphide of carbon to drive an engine for a certain length of time is, we believe, universally admitted. But its property of eating up oils and oth er lubricating substances has effectually prevented its being.used as a motive pow er, for the engine will stop after it has run a short time. It is this difficulty that the inventors of the “glant motor” claim now to have overcome. They claim that by combining petroleum with the chemical, the power will be preserved and a lubricator furnished. This accom plished, it is said, Hie new-motor niust supersede the steam engine on land and sea. It would save in Hie item of ■ fuel alone 90 per cent. The water used only needs to be lieated lukewarm, consequent ly a very moderate fire is necessary. When additional speed is required, the fire does not need to be incre ised, as in case of steam. It is merely necessary to increase the flow of the bisulphide of carbon. There is, therefore, not quite as much danger of conflagration as when furnace fires are kept up. In the case of steamers, this item of fuel would be an immense saving, not merely in the matter of cost, whiclfis c6n- siderable, hut in the amount of additional freight room secured; for, instead of carry ing perhaps 1,400 tons of coal, only 100 tons would be needful, thus saving the K occupied by the remaining 1,300. over, instead of four large engines, as are now often used on steamers, only one small one would be necessary, that giving as much or more power than the four large ones—another great saving in ex pense and space. Various other, impor tant advantages are claimed for the inven tion, not the least of which is that it will not bum, and if it explodes it will do so in the form of gas and do little harm. Be sides, the bisulphide of carbon and the other substances can he used over and over again for an indefinite period, return ing to the boiler after fulfilling its mission at once ready for use again. MR. CHADWICK’S STOEYOF THE HISTORY OF TIIE INVENTION. A Bulletin reporter, after some difficul ty, found one of the owners of the new motor in the person of Mr. George W. Chadwick, of No. 734 Broadway, who gave a history of the invention, which, lie says, had its origin in the experiments, continued over eight years, of one of the patentees. He first hit' on glycerine as the substance to combine with the bisul phide of carbon. A building was then hired in Pittsburg and an engine erected. At this .stage petroleum was thought 4ft and, ,on experiment, was found immense: Jy superior to glycerine, and fully suited to the work for which it was put. The field of operation was then transferred to this city, and an engine was erected at No.'807 Eleventh avenue, where it has been running for two months or more, and where it has been examined by prom inent engineers and scientists. Mr. Chad wick promises that he will subject the in vention to the most careful public exami nation, under the superintendence of some such institution as the Stevens In stitute, at Hoboken. ' ;.: • 1 . j A STOCK COMPANY FORMED. > • Meanwhile a stock company, as we are •further informed, has been formed, with a capital of $5,000,000, under the name of the “Giant Motor Company,” and Mr. Chadwick claims that there will be no difficulty in placing the stock. r .The Electric Light , Although this brilliant illuminator - has been used at several points on the Eng lish and French coasts, in Russia at Odessa, and to light the approach to the. Suez Canal, our government still contin ues to contract for lard or sperm oil lights on our coast, because of their supe rior cheapness. It is said, a.so, that in clear weather, Hie light from an oil lamp is almost as plainly visible from all parts ofthe horizon as that from an electric lamp;, but the latter possesses the import ant advantage that, practically, its circle of illumination extends beyond the hori zon. The ray of light it sends forth is so intense that it creates a kind of illumina tion in the atmosphere which can be seen by the sailor before the light itself actu ally appears. This very intensity, how ever, renders it ’ less adapted for employment on low, projecting headlands, and especially on those which vessels pas3 closely, since the brilliancy of the rays blinds the eye to the lights oft other vessels, and makes it also very dif ficult to estimate the distance the vessel is from Hie light itself. . For tliis reason the oil lamp was made to replace the electric light at Diuigeness, on the, English coast, which had been sub- stitutedjin its stead. ‘ *» . - It 'appears to us, however,*'that this light is peculiarly adapted to large cities, which are intersected by narrow alleys anil dark areas. The intense- illumination reaches even these obscure places, on the same principle that the sun’s rays carry Railroad under its present able and incor 1 -' fight eveiy where, * if the electric .light ••1 can he subsidized to common use, then the gas companies will be forced to beat a retreat. But who can limit the ingenuity of man? What next7 is the constantly recurring question. Sleep and plenty of it must be had by the baby, and if its rest be broken or pre vented by attacks of colic, stomach or bowel disorders give at once Dr. Bull’f Baby Syrup, which will relieve the pain, induce refreshing slumber and consequent health. GEORGIA PRESS. The correspondent of the Chronicle and Constitutionalist, who, under Hie heading of “An Interview with a Live Confederate,” rather accuses us of disre spect in putting into the mouth of the “Man on the Monument,” the words re ported in a recent imaginary . interview with him, seems to ha%*c mistaken the whole tenor of the piece referred to. The correspondent wants, to bet his coat that we are either a politician, or were not in the army. Not being a candidate for City Clerk, we can scarcely be called a politi cian; we were not in the army, for tlie simple reason that children of from seven to eleven years of age could do no good there. If Be wants to bet his. coat, how ever, that we were in Augusta and hur rahed for Grant, we will accommodate him. If an imaginary interview with a marble statue grates, on the correspon dent’s feelings, as he says it does, what exquisite torture he must have undergone on the day of the reception. And yet he complains only of the interview. “The man on the Bell Tower,” in Au gusta, has been interviewed. Reduced to the last analysis, his craving is for a tele phone, that fires may be more accurately located. The Southern Rifles, of Talbotton, as we learn from the Standard, realized $50.65 from their Christmas tree. A notice of the killing of Miss Maty Payne by Mr. Frank Goodman, near San dy church in the southern port ion of Wil kinson county, was given in this column a few days since. From the Southerner and Appeal we learn the followingparticulars: A very strong attachment existed between the two parties. Mr. Goodman was visit ing the young lady, and had picked up a revolver Which was lying upon a table near at hand. While examining it, it was accidentally discharged, the ball entering Miss Payne’s nose,; passed up through the brain, and produced instant deaU<. Tlie horrified young man rushod out of the house, and, frantic with grief, alarmed the neighbors with his loud and rapid calling. The neighbors gathered , in and found the lifeless body sHll sitting in tiie chair, her head leaning on her left shoulder, her left hand hanging toward the floor, and her right hand lying in her lap with her knitting, the tlircad around her finger as if in the act of knitting. No bruises or other signs of violence were found on the deceased. The next day a coroner’s inquest was held, presided over, in the absence of the coroner, by J. D. Vanlandingham, N. P. Mr. Goodman appeared and made a state ment substantially as above related. There being no satisfactory evidence to contradict the statement, the coroner’s jury decided that it was an unfortunate accident. In the amateur Pinafore performance given inMilledgeville on December 29th, Colonel Miller Grieve was Sir Joseph Porter, Judge F. C. Furman Captain Cor coran, John Orme Dick Deadcye, and Ben White boatswain. Union and Recorder: Sitting in our sanctum last Thursday, perspiring at every pore, we remarked to an old citizen and friend, “How warm it it is! And we suf fer the more because our clothing is so thick and heavy, and we cannot change it but at the risk of a serious cold.” “Yes,” replied the Colonel; “it is surprisingly warm, but these occasional freaks of the weather recur at longer or shorter periods. I now remember that on New Year’s day, 1849—or it may have been a year earlier or later—I was sitting in the portico of the old ‘LaFayette Hall,’ that used to stand, you know, on the comer where the Catholic church now is, and it wasjust about as hot as it is to-day; and, while sitting there, I saw a snake poke out his head from a crack in tho brick wall.” His snakeship had evidently come out to get cool. Semi-Weekly Republican: Last Mon day morning, Captain S. G. Davenport, of the 2Stli district of Sumter county, had his gin house, with ten bales of cotten, two thousand bushels of cotton seed, and two gins, one of which was entirely new, destroyed by fire. It was the work of an incendiary. No insurance. Loss twelve hundred dollars. Sparta Ishmaelite, speaking of Grant, says there are certain cowardly and con temptible trimmers at the South who are disposed to look with fawning favor upon the third advent into office of this coarse, ignorant and ill-mannered accident, but the people of Hie South, as a mass, look with abhorcnee upon the possibility, even, of such a calamity. The success of the American Cade will be the doom of the Republic. Even a fool can destroy in a short time, that which wise men were ages in building up, and we commend the reflection to the fawning servitors of this monumental husky dead-beat,U.S. Grant. Ishmaelite: On Friday night of Christ mas week a gentleman and lady from ■Washington county, stopped at the Ed wards House. In the‘morning when the servant went into the room to set things to rights he found one of the beds to be on fire. The fire hadbnmed through Hie bed clothing and through the mattresses. It was a mysterious affair, but it was suppos ed to be purely accidental. Union and Recorder: One day last week Mrs. Henry Walls, of this city, was quite severely wounded in the hand and neck, by an accidental discharge of a i which she was taking from a wagon. ! caught it by the muzzle, and in drawing it toward her the hammer was raised by some means, and the contents discharged as above stated. Her condition yesterday was very critical. —iLttell’s Living Age.—The num ber of The Living Age..for the week end ing January 3d has the following valuable contents: The Letters of Charles Dick ens, Fortnightly Review; “He that Will Not when he May,” by Mrs. Oliphant; The Development of the Color Sense, Macmillon; St. John’s Eve, by the author of “Patty”; First Impressions of the New World by the Duke of Argyll, Frazer; A Deadly Feud, a Tale from France, by Rudolph Lindan, Blackwood; The Lite rary Calling and its Future, by James Payn, Nineteenth Century; A Hindu Al manac, Saturday Review; Some Victims of French Diplomacy, Pall Mall Gazette; together with the usual choice poetry and miscellany. This number begins a new volume (the 144th) of this standard weekly magazine. Two new serial stories, one by Mrs. Oli- phant, and the Other by Mrs. Parr, the author of those thoroughly charming stories “Dorothy Fox” and “Hero Car- thew,” have been recenUy begun in The Living Age, from advance sheets, and the publishers present to new subscribers for 18S0 the six numbers of 1879 which con tain the opening chapters ot both these serials. The present is therefore a favor able opportunity for subscribing. For fifty-two numbers of sixty-four large pages each (or more than 3,300pages a year), tho subscription -price ($8) is low; while for $10.50 the publishers offer to send any one of the American $4 monthlies or weeklies with The Living Age for a year, including the extra num bers of the latter, both postpaid. Littell & Co., Boston, are the publishers. The Czar and the Nihilists. The Russian Czar is said to be already ruined in health by the constant dread of assassination under which hejahors night and day. The Nihilists, in some unac countable manner find easy access to his pri vate apartments and communicate with him almost dai^Ae’s^fe and-haggard and an expression of deep-melancholy has settled on his face. A few days ago, he found the following on. his bed-room table; To Aleyandcr II, Emperor of all the Kussias :—Sire: For the fifth time, fate lias preserved you from the stroke of justice. They were fire decrees dictated by the law of humanity, a law which you no longer recognize. You know our power and determination. Be ware of the sixth decree! Do you wish to he a great monarch? Do you wish all the Russian people to acclaim ' you and recognize you as their father ? Do you wisli that those who strike to-day, shall become apostles instead of executioners? If you do, then cease to be a tyrant and become a man, and render to' your sub jects what belongs to man by the law of nature—namely, liberty. It is not your person we attack, but your principles. So long as you remain as you are, our judg ment will be the same. Saved to-day, you will perish to-morrow, Neither de ath nor persecution will, stay our arms. You possess brute force; we possess moral force. We have have sworn to vanquish, and we must carry off the victory in the end. The first apostles of Christianity perished at the stake; their martyrdom was the cause of the ruin of Rome. Beware and reflect. The Governing Committee. A Berlin correspondent of the Loudon Standard says that the Russian Ambassa dors abroad have received the following circular, purporting to proceed from the Revolutionary Committee: “The Russian cultivated classes have long been giving the Czar to understand that the people have no wish to continue under the yoke of a savage despotism. Manifold proofs have been given the Czar that the nation has come of age, and is de termined to have a share in the conduct of public business. The demand for the introduction of representative Govern ment is universally raised, but the Czar is deaf to the public voice. Instead of satis fying legitimate aspirations he has only increased the horrors of the police terror ism under which we are living. _ Such a state of things cannot long continue. A stop will and must be put to this without loss Of time. We desire you to represent to the Czar that the country expects the immediate introduction of the constitu tional regime, and that, in case of contin ued refusal, tlje Revolutionary Committee have resolved to remove the Czar from the throne. Signed on behalf of the commit tee’. Koboloff. —Mr. Smith was running to catch a midnight train at Gallatin, Maine. Watch man Snyder mistook Iiim for a fleeing burglar and gave chase^ crying “stop thief —if you don’t stop I’ll shoot.” Sir. Smith heard the whistle of the approach* ing train, and sped on faster than ever, until a bullet from the officer’s pistol en tered one of his legs bringing him to the ground. The Ute Requisition.—It is pre sumed from the Pueblo dispatch, that the remainder of the Utes held to answer for Hie murder of Meeker and others, at the Milk River Agency, are on the road. It is fortunate] that they were not mobbed. Keep it in the house and it will save you many an anxious moment dining the changes Of season and weather; we 'refer to Dr. Bull’s Cough Syrup. —By contesting his father’s will, John H. Lick will get $385,000 more than his atlier intended he should have. j < r Cotton dropped a little in .Liverpool yesterday. ■ CONSUMPTION CURED. An old pHysician. retire I from practice, hav* n* had placed in Ms hands by an East India missionary tbe formula of a simple vegetable remedy for the speedy and permanent cure To- Consumption. Bronch:ta«,Catarrh. Asthma, ard al) Threat and Lung Affections, also a positive and radical cure for Nervous Debility ana all Nervous Complaints, after having Us ted the wonderful curative powers in thousands of cases, has felt it his duty to make it known to alt suffering fellows. Actuated by this motive and a desire to relieve human suffering. 1 will send free oi charge to al) who desire it, this reeipe, with full direct-ons for preparing and using, in German, French or English. Seat by m»i! by addressing with stamp, naming this paper, W.W. Shbrsb It# Fownre' Block. Rochester. N. Y. 45 Years Befoi-e the Public. THE GENUINE TraftnaaEffigB CELEBRATED LIVER PILLS FOR,THE CURE OF H Hepatitis, or Liver Complaint, DYsrnrsiA and sick headache. -tliiMMI 'MU F.'luu-I- Ol-.Jv! *'i» ,*-W(j«s»ri- writ" ! -nit • Symptoms of a Diseased Liver. pA'IN .in the right, side, under tha 1 edge' of the ribs, 1 increases on pres sure ; sometimes thepain is in the left side; the patient is rarely able to lie on the left side; sometimes the pain is felt under the shoulder .blade, and it frequently extends to the’top of the shoulder, and is sometimes mistaken for rheumatism in the arm. The stom ach is affected with loss of appetite and sickness; the bowels in general are costive, sometimes alternative witfc lax; the head is troubled with pain, accompanied with, a dull, heavy sen sation in the back part. There is gen erally a considerable loss of memory, accompanied with a painful sensation of having left undone something which ought to have been done. 3A slight, ilry cough is sometimes an attendant, Thd patient complains of weariness and debility; he is easily startled^ his feet are cold or burning, and he com plains of a prickly sensation of th« skin; his spirits are low; and although iie is satisfied that exercise would be beneficial to him, yet he can scarcely summon up fortitude enough to try it. Iri fact, he distrusts every remedy. Several of the above symptoms attend the disease, but cases have occurred where few of them existed, yet exam ination of the body, aftef death, has shown the liver to have been exten sively deranged. * s AGUE AND FEVER. Dr. C. McLane’s Liver Pills, in. cases of Ague and Fever, when taken' with Quinine, are productive of’ the most happy results. No Better cathartic can be used, preparatory to, or after taking Quinine. We would advise all who are afflicted with this disease to give them a fair trial. For all bilious derangements, and’ as a simple purgative, they are un equaled. ■ i- BE WAKE OF IMITATIONS. The genuine are never sugar coated. Every box has a red wax seal on the lid, with the impression Dr. McLank’S Liver Pills. : .. The genuine McLank’s Liver Pills bear the signatures of C. McLank and Fleming Bros, on the wrappers. Insist upon having, the genuine Dr. C. McLane’s Liver Pills, prepared by Fleming Bros., <jf Pittsburgh, Pa., the market being full of imitations of the name McLane, spelled differently but same pronunciation. •?->&><! fo-D'V LwfiiJOl i-.