Newspaper Page Text
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Telegraph <fe Messenger.
m oGbxit Bzxevactob.—We received yes-
t £ ^»r® P iece of 10036 elegant oake > baked in
D -e of the Btoves of the above name. It was as
brown and evenly baked as anything could be,
, a most delicious evidence of the good
riH of the stove and the culinary accomplsh-
neats of the lady who made it. Messrs. Oliver,
p. 3 gl as s 4 Co., Third street, are the sole pro-
orietors of the “Great Benefactor" in this city,
and there is roally no better cooking stove in
jv * world. It has been fully and thoroughly
tasted, and has never been found wanting in any
particular. •.
jjjj best proof of the sterling merit of the
Csinran Oak Cook Stove is that it has been in
rbs market nineteen years, there are over 180,-
000 note in use, and the sales are constantly in-
cr taring. Last year the sales reached over 21,-
ooo. “Success is the grand test of merit."
for farther particulars call on Truman k Green,
Bt the sign of the Golden Stove.
Uc'Cleam’b Coddial and Blood Fnrifier is the
bait tonio and blood alterative in the world.
junet-Gm. _ _
25 Handsome Silver-plated Ice Pitchers, at
toy low prioes, to close oat Bummer stock.
Tbumam Sc Geeen. .
CITY AFFAIRS.
THURSDAY MORNIKG, JULY 27, 1871.
Messes. Setmour & Tetbeet.—Bead the ad
vertisement of this enterprising firm in onr col-1 suit, as follows:
MACOX AXD WESTERN RAILROAD LEASE.
Decision of (he Supreme Court.
From the Atlanta Constitution we copy the
Decision of the Supreme Court on this impor-
B. A. Wise & Co. are still receiving and sell-
log at low figures the noted Cotton Plant Cook
Stow.
Sole Aqest of Hook’s Babbitts Metal.
Oliver, Douglass Sc Co.
yiaa k Solomon, appreciating the stringency
of money matters, offer their large and elegant
itoek of Watches, Jewelry and Silverware at
lower prioes than ever offered before in this
city, and will make price an objeet to any one
wanting goods in their line. Repairing and En
graving done in the best style and at lowest
rate*. Hairwork of any description done at
short notioe. Work upon the most intricate
and difficult watches executed and guaranteed
by Mr. H. Peacock, a practical and scientific
watchmaker, for several years past with Mr.
L. H. Wing. m
Fecit Jabs ! Fecit Jabs ! !—A handsome
stock of the very best jars, in glass, stoneware
and tin, at reasonable prices, can be found at
Truman k Green’s. Orders from wholesale or
retail buyers will be promptly filled, at the
lowest rates.
Blaechabd’s Patent Ciiubns, for sale by
Oliver, Douglass k Co.
How is this?—B. A. Wise Sc Co. are selling
oookiug stoves on time, with acceptance, at
cash prices.
One thousand one quart Tin Fruit Cans on
hand. Olives, Douglass k Co.
A Perilous Season.—Glorious and delightful as
the rammer weather ie, its tropical heat is a severe
trial to the vital powers. Even tha strongest are
aometimea prostrated by its effects. The common
phiaie applied to this condition of the body is
“general debility.” Now, goneral debility arises
from, and includes a variety of ailments. The
lireris more or less affected, tha bowels are either
constipated or too mnch relaxed, the stomach bat
half performs the work of digestion, tho appetite is
poor, and the spirits depressed. This is what is
called general debility. It is a general disarrange
ment of all the physical functions, and requires as
a remedy a medicine that will regulate them all.
Hoatetter’a Stomach Bitters is specially adapted to
this purpose. Its general operation is not confined
to a single organ. If tho liver is affected, it ro-
atoree its tone. If tho etomach ia torpid, it regen
erates it. If the nerves are tremulous and weak,
It braces and reinforces them. If the mind, which
ever sympathizes with the body, is gloomy and de
spondent, it relieves tho difficulty, and soon brings
tbs whole mechanism of the body into harmony
with the laws of health.
There Is no civilizod nation lu tho Western liem-
iiphere in which the utility of Hostetter’s Stomach
Bitten, aa a tonic, corrective, and anti-bilious med-
tine, is not known and appreciated. Throughout
the tropics it is considered, both by the people and
tbs profession, tho standard specific. While it is a
medicine for all seasons and all climates, is is es
pecially euitod to tho complaints generated by the
weather, being the pnrost and best vegetable stim
ulant in the world.
Beware of the Bitters made of add and danger
ous materials, which unscrupulous parties aro en
deavoring to foist upon tho people. Their name is
legion, and the pnhlio has no guarantee that they
are not poisonous. Adhere to the triod remedy,
Hoetetter s Bitters, sold only in glass, and never in
kege or barrels.
JUST RECEIVED, THE
Parisian Canopy Mosquito Net.
KEW PATENT. JU3T OUT. A PERFECT BEAUTY
umns to-day.
The senior partner, Mr. James Seymour, left
his native home, the ancient town of Sunbnry,
on the sea coast of Liberty county, thirty-five
years ago, an orphan boy, almost destitute alike
of means and friends. A classmate in the vil
lage academy, we knew him well; and even
then the indomitable energy, sterling honesty
and indnstrions thrift of the tender stripling,
gave fair promise of fntnre success and useful
ness. " Arriving in Macon when it was little
more than a straggling village on the banks of
the Ocmulgee, he has since been ever identified
with'her destinies, and has risen, step by step,
with the home of his choice and adoption.
As the head of one of our most opulent and
influential commercial houses, the example of
Mr. Seymour should stimulate and encourage
onr young men in the paths of industry and
rectitude.
“Honor and shame from no condition riBO,
Act well your part, there all the honor lies.”
We heartily commend the firm of Seymour,
Tinsley k Co. to tho planters and merchants of
Georgia. ;
New Fronts.—D. O. Hodgkins & Son, Mnl-
berry street, are overhauling their gnn store
from collar to attic. They are going to put
down new floors and pat in new counters, and
besides, are going to give their building a stylish
and handsome front, such a frort, in fact, as
will be an ornament to Mulberry street. Mrs.
Damonr, also, has made arrangements with
contractors to pnt another story on her block of
stores next to the Lanier Honse; to give them
new fronts, and otherwise improve them in ap
pearance and arrangement. This work will
commence at an early day.
Verily Mulberry street is coming ont, and it
onght to, for it has long been in a sort of drag.
Now that it is beginning to arouse itself from
its long slnmber, we hope all the real estate
owners upon it will bestir themselves and catch
the spirit of improvement that is abroad in' the
city, and make Mulberry street what it onght
to be—the street of Macon.
A Mean Act.—Mrs. McLaughlin, who lives
on Third street, between Pine and Oak, ; has
two fine cows and calves, and she separates
them at night by penning the cows and turning
tha calves ont in the street. On Tuesday night
last some mean and nnmercifnl wretch came
across the calves in tho street, and with a large:
strong pocket-knife, split the back of the one
wide open, from tho shoulder blade to the hip,
and stabbed the other in the side to the depth
of three or four inches. The inhuman monster,
black or white, who is gnilty of the act, should
serve a term of ten years at hard labor in the
penitentiary.
Subsided.—When informed by the foreman
last night, that the Supreme Court of Georgia
demanded all of onr editorial space to ventilate
its opinion on the great railroad lease, we
pocketed our “copy” and—subsided. We are
a law abiding man and respond cheerfully to
the requirements of the courts, well knowing
their ability to force matters, when necessary.
Small & Gamble.—Everything in the grocery
and provision line, including that Hazor Flour,
can be had at Small & Gamble's wholesale flonr
honse. Read their advertisement, and save
your shoe-leather by going there and making
your bill, without going all over town first.
This is not intended as a puff, bnt facts.
Don't Foeoet these Two Facts ! ! That
Wing & Solomon aro the agents of the Grover
k Baker Sewing Machines and of the L. k M.
Spectacles—the best in nse.
We are selling Cooking Stoves on acceptance
by adding a small por cent.
Olives, Douglass Sc Co.
All size Freezers at very low prices, to close
ont summer stock. Tbuman & Gbeex.
FeuitJaes! Feuit Jabs!—WehavetheGem,
with glass lop, Hero and Franklin Jars.
Oliver, Douglass & Co.
Razors, ladies’ ECissors and shears for sale by
B. A. Wise & Co.
The last Refrigerator on hand will be sold at
cost. Tbuman k Gbeex.
The best twenty-five dollar cook stove, with
the largest outfit of furniture and pipe, at B, A.
Wise & Co., Cherry Street Store.
Sheet Copper.—
Olives, Douglass Sc Co.
JniiJOtf
at the
NEW YORK STORE.
W, A, HOPSON & CO.
H»vo received now »nd handsome varieties of
LADIES’ SUITS,
Also the second stock of thoee great and good
MUSQUITO CANOPIES.
Ike balance of onr summer stock will bo offored
AT CLEARING OUT PRICES.
Fine parlor furniture dusters just received by
B. A. Wise Sc Go., Cherry street.’
A large lot of Wire Dish Covers will bo sold
very low at Tbuman Sc Green’s.
Water Coolebs, from two to ten gallons, at
ow prices. Oliver, Douglass k Co.
FINANCIAL AND COMMERCIAL
Idyll
W. A. HOPSON * OO.,
41 Second street.
W. A. BANKS dc SONS
A-c constantly receiving now addition* to their
already large stock, comprising in part:
GRENADINES,
hernani bareges,
FBENCH ORGANDIES,
LENOES,
HOZAMBIGUES,
COLORED BAREGES,
LINEN LAWN3,
12Xc. do., etc., etc.
Also, a foil line of
PLAIN PLAID AND STRIPED SWISS,
“ «• « „ jaconet,
“ “ “ t NAINSOOK.
CIORIA AND BISHOP LAWNS,
TUCKED SWISS,
TUCKED NAINSOOK.
L&ce Mitte, Ribbons, Trimmings, etc., eto
Gttr stock of Honse Furnishing Goods always
complete.
W. A. BANKS k SONS,
Triangular Block, Second Street, Macon, Ga.
kn25 tf
Weekly Review of the Market.
OFFICE TELEGRAPH AND MESSENGER,?
July 26—Evening, 1871. J
Cotton.—Receipts to-day 12 bales; sales 61
shipped —.
The markot has boen irregular and dull all the
week with a general downward tendency in prices,
On the week's operations prioes have declined folly
a )£o—closing quiet and Bteady this evening at 18
cents for Liverpool middlings. -
‘Futures” closed in "New York to-day as follows
For August delivery 19J£; September 19 7-16; Octo
ber 19>5; November 18Jf.
MACON COTTON STATEMENT.
Stock on hand Sept. 1, 1870—bales.. 2,834
Received to-day 12
Received previously 98,570—98,682
100,916
’.”99,325—99,325
1,691
Shipped to-day
Shipped previously....
Stock on hand this evening .
BALL, BLACK & COn
565 and 567 Broadway, N. Y.,
L»Te just received a fine assortment of imported
Horse timers
{^Porting Purposes—denoting minutes, seconds,
j J* Ttarter seconds. Prioe $25. Orders for every
-^PUon of Racing and Presentation Plate, exe-
<l«r Gie shortest notioe ; designs drawn to or-
“ ana estimates given.
—'he largest assortment of Ready Made Bil-
v ; and Table Ware to be found in the city.
Jullbtf 1
There is still nothing of interest to report in the
money or stock and bond markets. Both are ex
ceedingly quiet.
The general trado of the city has been moderately
good all the week for this season of the year.
Prices in the grocery and provision markets are un
changed. Bacon clear rib sides 10%; shoulders 8%;
Com $115@1 25; flonr $10 50@12 00 per barrel
according to quality.
narkets—Eveuluc Report.
New Yore, July 26.—Cotton steady, sales 1300;
uplands 20$£.
Baltimore, Jnly26—Cotton market closed firmer;
middlings 20%; net receipts 53; gross 92; ex
ports coastwise 35; sales 93; stock 1055.
Flonr in improved demand for new; prices un
changed. Wheat ecarce and firmer, Corn, white
76@80; yellow 70@72. Pork 15 50. Bacon steady;
shonlders 7J$- Lard 11@11>£. Whisky 75>£@76.
Cincinnati, July 26.—Flonr declined; new family
6 86@6 00; no old in market. Com drooping at 63
@70. Pork, choico country 14 00. Lard 10%; ad
vance asked. Bacon drooping; sides 8%@S%.
Whisky 93.
St. Louis, July 26.—Flour, superfine 4 50@4 <o.
Com, only white wanted; mixed sacks 53}£@51;
white sacked 57@60. Whisky 93. Pork 14 50@14 75.
Baoon, i-houlders 7; clear sides 9@9jf, on orders.
Lard, prime kettle 0%.
Louisville, July 26.—Floor steady; extra family
6 00. Com in fair demand. Provisions stoady; very
little doing. Whisky 93.
Augusta, July 26—Cotten, very little doing,
closing firm at 1SX for Liverpool middlings; sales
40; receipts 110.
Savannah, Jnly 26 Cotton closed inactive ;
middlings 19J^; net receipts 60; exports coastwise
183; sales —; stock 5018.
Charleston, July 26.—Cotton qniet and nominal;
middlings 19; net receipt* 177; exports coastwise
; stock 3489.
Liverpool, July 26, evening—Cotton closed a
shade firmer; uplands 9@9J£; Orleans 9J£@9%;
sales 12,000 bales; speculation and export 3000.
Tha Central Railroad and Banking Company
vs. the Mayor and Council of Macon, et al. In
junction, from Bibb.
And tho same parties, vice versa.
Wabneb, J.—This is a bill filed in behalf of
portion of the stockholders of the Macon and
Western Railroad Company, and in behalf of
the Mayor and Council of the city of Macon,
who sue in behalf of said city and the citizens
thereof, and as stockholders of the Macon and
Augusta Railroad Company, and of the Macon
and Brunswick Railroad Company, against the
Macon and Western Railroad Company, and
the Central Railroad and Banking Company,
praying for an injunction to restrain the con
summation and execution of a contract for the
lease of the Macon and WestemRailroad to the
Central Railroad and Banking Company. On
motion, the State was made a party complain
ant to the bill. A rale to show cause why the
injunction should not be granted was served on
the defendants who appeared, and filed their
answers to the allegations in complainant's bill,
and objected to the State being made a party,
and that the city of Macon was not a propor
party complainant—which objections were over
ruled.
On hearing the motion for an injunction, tho
same was granted by the presiding Judge to
which the defendants excepted. The State was
not a stockholder in the Macon and Western or
Central Railroad companies, and therefore had
no direct interest in the decree to be rendered,
as between the contestants. If the State had
any interest in the controversy, it was in her
sovereign capacity as the representative of the
whole people of the State, and should have
appeared before the coart, in her sovereign
capacity, by tho appropriate mode of pro-
ceednre in such cases. The consummation or
non-consnmmation of the private contraots of
lease between these two coporations was not
a claim inconsistent with the sovereignty,
jurisdiction, or rights of the people of the
State. It was a mere private suit between
these two corporations, to which the State,
in her sovereign capacity, was not. a proper
party. The city of Macon, sneing in behalf
of the citizens thereof, or other artificial per
sons, had no direct interest in the decree to be
rendered ns to the legal right of these two
corporations to make the contract in question,
which would entitle it to be made a party
complainant. The qnestion as to the legal right
of the companies to make and accept a lease of
the road, is a qnestion which involves the legal
rights of the complaining stockholders in' the
respective companies, and the legal rights of
those companies under their respective charters.
The decree as to the legal right of tho two cor
porations to make the contract would only bind
them as to their legal right to make it, and that
is the sole qnestion presented by the complain
ants’ bill with which the State, or the city of
Macon, have no concern so far as the legal right
of the two corporations to make the contract of
lease is involved. The main qnestion ia the
case, as made by the pleadings in the reoord, is
as to the legal right of the Macon and Western
Railroad Company to lease that road to the
Central Railroad and Banking Company in the
manner therein set forth. By the 11th section
of the charter of the Monroe Railroad Company,
it is deolared “that said Monroe Railroad Com
pany, shall have the exclusive right of trans
portation and conveyance of persons, produce,
merchandise, and all other things over the rail
road to be by them constructed, as long as they
shall see fit'to exercise snch exclusive right, '
and it is farther provided in the same section
of the charter, “that said company may, when
they see fit, rent or farm ont any part, or the
whole of their said exclusive right of transpor
tation on said railroad, with the privileges there
of, to any individnal, or individuals, or other
company, subject to the rates above mentioned."
By an act of the General Assembly of 1847,
the Macon and Western Railroad was incorpo
rated, and all the powers and privileges con
ferred on the Monroe Railroad Company were
conferred on the Macon and Western Railroad
Company, with certain exceptions, which are
not pertinent to the qnestion now before the
Court. The grant to the Monroe Railroad
Company, was certain nnennmerated privi
leges, with the exclusive right of transporta
tion over the road to be constructed by them
as long as they should see fit to exercise snch
exclnsive right, bnt if the company should
see fit to rent, or farm out, any part or the
whole of their exclusive right of transportation
on said railroad, they were authorized to do so,
with the privileges thereof, that is to say, with
the privileges of tho railroad which had been
granted to the company, as well as the exclusive
right or transportation thereon. The privileges
conferred on the company by the charter was to
enable them to construct the railroad for the
transportation of persons, produce and mer
chandise as long as they might see fit to do so;
but whenever they should see fit to rent or farm
ont their exolnsive right of transportation on
the road to another company, then it beoame
absolutely necessary that the privileges of the
railroad granted to the company should ba also
rented andfarmed ouz.soas to enable the lessees
to enjoy the benefit of the exclusive right of
transportation on the road. The charter not
only confers the power on the company to lease
the exclnsive right of transportation on the rail
road, bnt also the privileges of the road granted
to the company by the charter, so as to enable
the lessees to have, enjoy and control the ex
clusive right of transportation on the road in as
full and ample manner as the original grantors
could have done under the charter. The grant
in the charter to rent or farm ont the privileges
of the road was indispensable to secure the ex
clusive right of transportation on the road, to
the lease thereof, unless the right could be
maintained, on the principle that when the law
doth give anything to one, it givelh implicitly
whatsoever is necessary for enjoying the same.
The authority, however, is expressly granted in
this charter to the company, not only to rent
and farm ont the exclnsive right of transporta
tion, the power to lease the privileges or the
road, aa confirmed by the charter, was neces
sary to the enjoyment of the exclnsive right
of transportation, is the opinion of the
Legislature, as manifested by the grant
conferring that power. The Macon and
Western Road had the legal power and au
thority under its charter to make the lease. Did
the Central Railroad, under its charter and the
acts of the General Assembly amendatory there
of, have the legal power and authority to pur
chase and accept the lease under the contract
made between that company and the Macon and
Western Road ? In 1850 the General Assembly
passed an act to unite the Central Railroifd and
Banking Company, and the Macon and Western
Railroad Company, and other railroad compa
nies, reciting in the preamble of that act as a
reason for its enactment, “that large snms of
money had been expended by incorporated com
panies (one of which was the Central Road) and
from the State Treasury, for the purpose of
opening and constructing railroads from the sea
board to the western limits of the State, and in
order that the citizens of the State should de
rive the full benefit intended by the line of rail
roads so constructed, it is expedient that the
transportation of freight and passengers over
said line should ba a3 free from interruption
and trans-shipment as possible.” The act then
declares that it shall be lawful for the Central
Railroad and the Macon and Western Railroad
Companies, to unite their respective railroads
in one common depot at or near the city of
Macon, so that the cars of the respective roads
may pass from one road to the other uninter
ruptedly. It appears from the record that the
Macon and Western Railroad is united and con
nected with the Central Railroad, and is indeed
but an extension of the latter road from the
city of Savannah to the interior of the State.
In 1852 the General Assembly passed an act
amendatory of the charter of the Central Rail
road Company, and enlarging the powers of
that oompany, the object of which was, as
shown by the caption of the act, to authorize
the company to lease, and to work, such other
railroads as then connected with it, or might
thereafter connect with it, for a term of years,
or daring the continuance of their respective
charters. The first section of that act declares:
“That it shall and may be lawful for the Cen
tral Railroad and Banking Company of Georgia
to lease, and to work, for such tune, and on
such terms, as may be agreed on by the parties
interested, the Augusta and Waynesboro’Rail
road, th6 Milledgeville and Gordon Railroad
the Eatonton Branch Railroad, the Southwest
ern Railroad, and snch other railroads as now
connect, or may hereafter connect, with the
Central Railroad, and collect by Bait or other
wise, the fares of travel and the charges of
transportation on railroads bo leased." The
second section of the act declares: “That the
respective Boards of Directors of the incorpo
rated companies owning the railroads above
mentioned, or owning such other railroads as
now connect, or may hereafter connect with
the Central Railroad, shall have power and au
thority so to lease to the Central Railroad and
Banking Company of Georgia their respective
railroads for snch time and on snch other terms
they respectively may deem best.” By this
act, the Central Railroad Company has the pow
er expressly conferred upon it, by this amend
atory provision of their charter, to lease, not
only the railroads specified by name, but such
as then connected with it, or thereafter might
connect with it; and the act further confers the
power and authority on the respective Boards
of Directors of other incorporated railroad com
panies owning snch other railroads (than those
specified by name) as then connected, or might
thereafter connect, with the Central Railroad,
to lease to the last named railroad company
their respective railroads for such terms of time
and on such terms as they may respectively deem
be3t. Whether this power, so clearly and express
ly conferred on the Central Railroad Company,
was wisely or unwisely conferred by the Gen
eral Assembly, is not a qnestion for tho
Courts to determine. The qnestion for the
Courts to decide is, whether the power has been
granted, and if it has, to protect the oompany
in the enjoyment of their rights acquired under
that grant of power conferred by the General
Assembly. What is a connecting road in the
sense in which that term is used in the act of
1852 ? The best definition of a connecting rail
road, as applicable to this case, is that given by
the General Assembly, in the act of 1850, pro
viding for the uniting the respective railroads
therein named, “so that the cars of the respec
tive roads may pass from one road to another
uninterruptedly without the trans-shipment of
freight or passengers.” That was the kind of
connecting road3 file Legislature had in contem
plation in the passage of the aot of 1852. What
Is the character and effect of the instrument set
forth in the record as tho evidence of the con
tract between the two companies, when con
strued and interpreted in accordance with the
acknowledged principles of the law applicable
to snch an instrument ? It purports on its face
to be a lease of the Macon and Western Railroad
to tho Central Railroad, and recites the provis
ion of the charter of the Macon and Western
Railroad Company, which authorizes that com
pany to rent or farm ont its exclusive right of
transportation on said railroad, with tho privi
leges thereof, to any individnal or individuals
or other company. It also recites the provisions
of the act of 1852, which authorizes the Central
Railroad to lease connecting roads, and it is
quite clear on the face of the instrument that
it was the intention of the parties to make a
contract for a lease of the road, and not a
contract for the sale and absolute conveyanoo
of tho title to the road. In tho construction
of a deed, if there be two clauses utterly in
consistent, the former most prevail, bnt the
intention of tho parties from the whole in
strument should, if possible, bo ascertained,
and carried into effect. Code 2655. The car
dinal rule for the construction of contracts is
to ascertain the intention of the parties. If that
intention be clear, and it contravenes no rale of
law, and sufficient words be used to arrive at
tho intention, it shall be enforced, irrespective
of all technical or arbitrary rales of construc
tion. The intention of the parties may differ
among themselves. In snch ease tho meaning
placed on the contract by one party, and known
to be thns understood by the other party at the
time, shall be held as the true meaning—Code
2713, 2714. In this case both parties intended
to make a contract for a lease of the road, and
both parties understand it now to be a lease of
tho road, there is nothing in the instrument
itself, which requires that tho court should un
derstand it differently. The words employed
are not snch as wonld indicate an intention to
make a sale of the road, and oonvey an absolute
title thereto to tho purchaser thereof, but on
the contrary, tho Macon and Western Road ex
pressly reserves the right to enter upon and re
sume the possession of the road and its appur
tenances, on the failure of the Central Road to
comply with tho terms and stipulations of the
contract between the parties—construing the
contract in accordance with the expressed in
tention of the parties on the face thereof as well
as the legal effect of the words employed therein,
it is a contract for a lease of the road to the
Central Railroad and Banking Company, and
not a sale of the Macon and Western Road to
that companv. In view of the facts contained
in this record, the two complaining stockholders
in the Central Railroad Company, mnst be
presumed to have accepted the provisions of
the act of 1852, authorizing that company to
lease connecting railroads, the more especially,
as that company has exeroised the power granted
by that act, and leased other railroads without
any obj ection on their part as stockholders to the
exorcise of such power on the part of the com
pany. It is now too late for them to say that,
as stockholders in the company, they never ac
cepted and assented to the power granted to the
company in the act of 1852, to lease connecting
railroads. This ia an absolute contract for the
lease of the Macon and Western Railroad, and
contains independent covenants. If the legis
lation mentioned in the covenant for the amal
gamation of the two roads, so soon as' the nec
essary legislation for that purpose can bo se
cured, should be held when that legislation is
had to bo in violation of the legal rights of the
stockholders in either company under their
contract as snch stockholders, still, the absolute
contract for the lease of the road wonld be a
good and valid contract; this latter covenant in
relation to the amalgamation of the two roads
being an independent.covenant, oonld not de
feat the absolute contract for the lease of the
road, that contract, not being dependent on the
performance of the last named covenant for the
amalgamation of the two roads in the manner
therein expressed. Bnt the contemplated legis
lation mentioned in that independent covenant
is not now before the Conrt, and wo express no
opinion in regnrd to it. When the contemplated
legislation shall be obtained, and the stockhold
ers of either of the companies shall oomplain of
it, as illegally interferring with their contract
as snch stockholders under the charters of their
respective companies, then it will be time
enongh to consider the qnestion:
Held, That the State of Georgia and the city
of Macon, on the statement of facts disclosed
by the record, were not proper parties to the
complainants’ bill of complaint;
Held, also, That the Macon and Western
Railroad Company had tha legal power and
authority, under the provisions of its charter,
to lease that road to the Central Railroad and
Banking Company of Georgia, and that the lat
ter company had the legal power and authority,
under the provisions of the act of 1852, to
accept said lease as specified in the contract set
forth in the record.
Held, further. That the court below erred in
granting the injunction prayed for in complain
ants’ biU.
Judgment reversed.
Lochbane, 0. J., concurring.—I concur with
the judgment of the Court upon the following
grounds:
1. The act of 1850, by its terms connects
dissecting Central Railroad stockholders, whose
complaint, I think, comes too late. They may
have been stockholders Binoe the aota of 1850
and 1852, or they may have been stockholders,
and if they were, the majority governed in ac
cepting or acting upon the privileges granted
by the law.
Again, we concur in the opinion as to patties;
as a legal proposition we do not think the State
can be made a party to litigation, in which she
has no direct interest, upon grounds of con
templated damages or invasion of the public
policy. But we hold, nevertheless, that the
Governor may, by the selection of counsel, be
heard upon matters involving great questions
of a character affecting the publio interests of
the State, and may, without making the State a
party, give the benefits, as in this case, of able
counsel to the discussion of snoh questions.
MoOay, J., dissenting.—Under the aot of
1852, and under the oharter of the Maoon and
Western Railroad Company, the directors of the
Central Railroad may, with tha assent of the
majority of the shareholders of the Macon and
Western Railroad Company, lease the road of
the said Macon and Western Railroad Com
pany for tho term of the existence of the char
ter, bnt a lease of Baid road having for one of
its considerations and covenants, that on the
consent of the Legislature, the two companies
shall be amalgamated, and the Macon and West
ern Railroad Company cease to exist is illegal,
unless assented to by all the stockholders of both
companies.
Where two railroad companie3~are abont to
perfect a contract, by which one is leased to the
other, with a provssion for the ultimate amal
gamation of both companies into one:
Held, That another railroad company to the
road of which the leased road is a natural
feeder, and whose road is a competitor with the
leasing road for the through freight and pas
sage coming over the leased road, has snch a
pecuniary interest in the ruBult as to make it
and its stockholders proper parties to a bill
charging that the lease is illegal, and praying
that it may be enjoined.
Jackson, Lawton & Bassinger, Lyon, deGraf-
fenreid k Irvin, and B. H. Hill, for plaintiff in
error.
Whittle & Gnstin, A. O. Bacon, Nisbets *
Jackson, O. Anderson, W. R. Phillips, B. B.
Hinton, for the defendants.
CONSIGNEES PER K. W.N.K.
July 26,1871.
Johnson Sc S; E Price; Geo T Rogers’ SonB; Yar-
nell.Ii A Co; Lightfoot & J; W 4EP Taylor; City of
Macon; D Good Sc Son; Seymour, T Sc Co; Jones k
B; McCallie Sc T: J F Barfield; Daly 4 Bro; Henry
Fanlk; W A Huff; E F Davis; Smith, S k Co.
/~3 EORGIA, CRAWFORD COUNTY.—Sixty days
VJC after date, application will be made to the
Conrt of Ordinary of said county foi leave to sell
all the Real Estate belonging to N. Andrews,
deceased. W. H. ALLEN,
July27 w2m Administrator.
pi EORGIA, CRAWFORD COUNTY.—'Will be
VX sold on the First Tuesday in September next,
within the usual hours of sale and before the
Court-house door, in the town of Knoxville, in
said county, all of the Real Estate belonging to
Green Doke, deceased, consisting of One Hundred
Acres of Land, more or less. Sold for the benefit
of the heirs and creditors.
July27 w2m J. B. BEARDEN, Adm’r.
FOR SAFE,
JJOME BUILDING AND LOAN ASSOCI
ATION STOCK, by
jnly25 St CUBBEDGE Sc HAZLEHURST.
HATE NO USE FOR THEM.
"VTOT needing in my business any longer, I offer
_Lv For Sale my-Horse, Wagon, Buggy and Har
ness for cash, or on fonr months’ time for bank
able paper. JNO. W. CONNOR,
jnly25 lw No. 60 Cherry street.
FOR SALE,
T HE GROCE LOT, on Spring street. It fronts
844 feet on Spring street, 154 feet on Magnolia
street, and 86 feet on Washington avenue. For
further particulars, apply to
TURPIN 4 OGDEN.
jnly25 lw Real Estate and Insurance Agents.
WANTED,
F ROM October 1st, a DWELLING, with not lees
than six rooms. Outhouses, Garden, Well, etc.,
in a healthy part at the city. A good tenant may
be had by immediate application to
jnly25 8t R. W. CUBBEDGE
FOR SALE.
A YOUNG man, who expects to leave the city,
offers for sale cheap, a good set of WALNUT
FURNITURE and handsome CARPET; with all the
conveniences of a well famished room. The pur
chaser can secure board at the house, and will not
nave to move the furniture. Apply at this office,
for five days. july25 lw
TO RENT;
O NE five-roomed honBe, double kitebon, and ex
cellent well of water, sitnated on Oglethorpe
street, next to Crockett’s Comer. Possession given
on the 1st August. Apply at 63 Cherr7 street.
. jnl21tf J. MARK-3.
LOST—POINTER PUP.
S TRAYED or Stolen on the 24th met, a Liver-
colored Pointer Puppy, abont fonr months old;
all fonr feet are tipped with white, and it has a
white streak also in the forehead. The finder will
be suitably rewarded. Apply at this office.
july26 tf G. O. NAPIER.
JUST ARRIVED.
O NE car load of No. 1 Harness Horses, for sale
at Holmes & Clay's stables.
jnly 26 St
S. D. ARDERY.
ICE. ICE.
F ROM this date we are prepared to retail Ice at
No. 88 Cherry street. Sunday hours 7 to 8%
A. at. and from 12 at. to IK f. ai.
jull6 tf S. T. Sc B. P. WALKER
JNO. W. O’CONNOR,
WHOLESALE DEALER IN
WINES, GINS,
BUM?, ALE AND PORTER.
And sole agent for his Premium Whisky,
Old Monongaliela Rye.
x x x x.
these Railroads at or near Macon, and by its
preamble declares tho policy of its enactment.
2. By the act of 1852, the Legislature gives the
power to the Central Railroad to lease connect
ing roads, and provides that the roads connect
ing then or thereafter may, by their Board of
Directors, enter into such lease.
3. The Macon and Western Railroad is a con
necting road by tho terms of the act of 1850,
and comes within the provisions of the act of
1852.
Again, the 11th section, act of 1833, charter
of Monroe, now Macon and Western Railroad,
gives the power to rent or to lease its exclnsive
right of transportation and conveyance of per
sons on said road, with the privileges thereof.
This section exacts tho power to lease to tho
Macon and Western Railroad, and settles the
main questions in case, by the very language of
legislative enactment.
Again, we hold that the instrument entered
into a lease under the Code. The intention of
the charter governs in the constructions, and
the provisions for the amalgamation of the road
does not effect the lease.
1. It does not, because contracts are severa
ble, and if illegal, that would effect only the
provision itself, and not the lease.
2. Because I cannot anticipate legislation, by
declaring upon presumption, the Legislature
will do an illegal thing; and
3. Because I hold the agreement or provision
competent, provided the Legislature passes the
appropriate law.
The objection upon tho ground that this act
requires the unanimous consent of all the stock
holders, I hold to be invalid. The right of in
dividual stockholders to invoke the power of
Court against their corporators, depends upon
the attempts to do acts unauthorized by the
charter, or the laws of the land. After legislative
permission in the line of enlarging its powers,
the corporate powers are controlled by a major
ity of the stockholders. Wo hold the several
contracts of the stockholders to mass together
and blend in the corporation and after the or
ganization. Its powers and acts are corporate,
and minorities mnst yield to majorities. After
the will of the corporation is ascertained by its
by-laws or other legal form, aH dissenting opin
ions are merged, and in no case where the act
is written the scope of the charter, or permitted
by the law, can a minority defeat or delay the
action of the corporation by a majority, and
this also applies to the oonfliot of the present
Just received—
15 barrels XXSX WHISKY,
100 cases CLARET and ST. ANDRE,
50 cases CLARET, (HARDY 4 CO.),
150 M DOMESTIC CIGARS,
Together with a full line of Sherries, Ports,
Champagnes, Jamaica and St. Croix Rum, etc., all
of which will be sold cheap for CASH, or on time
for approved paper.
To Country Merchants, extra inducements will
bo given.
JNO. W. O’CONNOR,
jun21 toctl 60 Cherry street.
COMB ONE ! COME ALL!!
TO THE
Great Sontan Grain anil Provision Emporium
-OF-
SMALL * GAMBLE,
61 Third Street, Macon, Ga.,
AND BUY YOUR
CORN, BACON A.jSTD FLOUR
At the lowest market price, either for cash, or on time.
SPECIALTIES :
FLOUR,TOBACCO AND WHISKY.
SHALL & GAMBLE.
Send your orders for the celebrated HAZOR CHOICE EXTRA FAMILY FLOOR, guaranteed to be
the best made.
SMALL & GAMBLE.
AU orders for CORN, BACON, FLOUR, HAY, OATS, LARD, MEAL, SUGAR-CURED HAMS,
Wheat, Bran, Syrup, Sugar, Coffee, Tobacco, Liquors, will receive prompt attention, at the lowest mar
ket prioes, and satisfaction guaranteed.
iy
SMALL & GAMBLE, G1 Third st., Macon.
ERNEST PESCHKE’S
Macon Standard Mean Time.
TTAYING perfected my arrangements to correct the slightest error in the time-keeping of my fine
Al Regulator, by the erection of an obsorvatory and one of the most approved TRANSIT INSTRU
MENTS, for the purpose of observing the meridian passage of the sun and stars, I will be able to keep
the exact Macon mean time to within a fraction of a second.
Especial Attention paid to the Repairing and rating of line Watches, as well as all
kinds of new work made to order. api6-tf
a PROc&AxaaLTionr.
GEORGIA;
By Rufus H. Bullock, Governor of said State.
Whereas, Information has been received at this
Department that John Hatley Btands charged, in
the county of Gilmer, with the crime of murder,
alleged to have been committed upon the body of
James G. Inlow, in said county of Gilmer, and that
the said Hatley has fled from justice:
Now, therefore, I have thought proper to issue
this, my proclamation, hereby offering a reward of
ONE THOUSAND DOLLARS for the apprehension
and delivery of the said John Hatley to the Sheriff
of Gilmer connty. and an additional reward of ONE
THOUSAND DOLLARS on his conviction.
Given under my hand and the Great Seal of the
State, at the Capitol in Atlanta, this the tenth
day of July, in the year of our Lord Eighteen
Hundred and Seventy-one, and of the Independ
ence of the United States of America the Ninety-
sixth.
eupus B. BULLOCK.
By the Governor:
David G. Cottinq, Secretary of State.
ju!27 d3t&wlt
A PROCLAMATION.
GEORGIA:
By Rufus B. BuUock, Governor of said State.
WHEREAS, There is now pending in the Superior
Court of Gilmer county, a BiU of Indictment
charging La Fayette £ims, Thomas Seanyabd and
Samuel Sfenceb, with the crime of mnrder, al
leged to have been committed upon the body of
William Cox. in said county of GUmer; and
Whereas, It iB made known to me that the said
Sms, Seanyabd and Sfenceb cannot be fonnd in
said county of Gilmer, and have made their escape:
• Now, therefore, I have thought proper to issue
this my proclamation hereby offering a reward of
ONE THOUSAND DOLLARS EACH for the ap
prehension and delivery of the said La Fayette
8ms, Thomas Seanyaed and Samuel Sfenceb, to
the Sheriff of Gilmer county, and an additional
reward of ONE THOUSAND DOLLARS each on
their conviction.
Given under my hand and the Great Seal of the
State, at the Capitol in Atlanta, this tenth
day of July, in the year of our Lord Eighteen
Hundred and Seventy-one, and of the Inde
pendence of the United States of America the
ninety-sixth. RUFUS B. BULLOCK.
By the Governor,
David G. Cottino, Secretary of State.
july27-d3twlt
NOTICE.
Office Masteb Tbansportatios, )
Macon and Western Railroad, y
Macon, Ga., Jnly 25,1871. )
O N and after Sunday, 30th inst., the Day Passen
ger trains on this Road, WILL BE BUN ON
SUNDAYS, leaving Macon and Atlanta, at 7 EOa.m.
July 26-5t H. W. BRONSON, M. T.
Suburban Residence For Sale.
I OFFER how my House and Lot for sala. It is
located on Tattnall square, convenient to the
business portion of the city, and at the terminus of
the street railroad. It is said to be the most model
Cottage House in the city, contains five rooms,
double kitchen, etc. There are over fifty fruit
trees on the premises, and fifty-eight different
varieties of roses. The whole premises are en
tirely new, have every modem convenience and
will be sold at a great bargain.
jnly253t MRS. H. O. STEVENSON.
TAKE YOUR CHOICE.
A. City Residence and also a Suburban Res
idence for Sale.
T HE City Residence is new and comers Oak and
New streets; contains four rooms, hall and ve
randah. Well shaded. In an excellent neighbor
hood. No better water in the city, and convenient
to church. Sufficiently near the business portion
of the city for a business man, and yet far enough
removed to avoid the disadvantage! attending a
residence too near. Time given on part of the pur
chase money on both places. The other residence
beyond Tattnall Square and on the Oolnmbua road,
contains five rooms, hall, verandah, basement and
all out-bnildings. Water good. Grounds covered
with shade, both natural and artificial. On the
place is a great quautity and variety of fruit, inclu
ding a vineyard. This property is admirably adap
ted for a boarding house for the Metcer students,
and the grounds offer superior advantaged for gar
den purposes. It is a delightful home, and can
never depreciate in value. ALo, I will tell several
choice building lots adjoining same. If not sold, I
will offer for rent, ending October. 1872.
jn!22tf A. W. PERSONS.
NEW MILL.
SWINDLEHURST & AUSTIN
B EG leave to inform the public that they have
established
A GRIST MILL
On FOURTH STREET, near Macon and Western
Railroad crossing, where they are prepared to
grind GRITS and MEAL of a superior quality and
at Reasonable Bates.
A call is respectfully solicited. julj25 3m*
THE MISSESEANE
-TT7TLL open a Boarding School for Young La-
V V dies in New York city, on Wednesday, Sep
tember 20,1871. For reference andcircnlars apply
to J. J. Gresham, Esq., Macon, Ga. jull5 3m
BLACKSMITH SHOP.
A LL who desire first-class smith work are re
quested to call at the Blacksmith Shop of
JHOLMES A CLAY,
Near the PasseDger Depot, and be satisfied.
KiT Horse-shoeing a speciality. julyO tf
SOUTHERN
MASONIC FEMALE COLLEGE,
COVINGTON, GEORGIA.
T HIS Institution is under the patronage of the
Grand Lodge of Georgia. Curiicuiutn and
terms as heretofore. The rail Tetm bi-gins the
15th of Angnst, and ends the 15th of December,
For circulars, address
BEY. J. N BRADSHAW,
jnlj25 3w President.
NOTICE.
H AVING sold ont our entire interest in our Old
Stand, near the market, we will now concen
trate onr whole business at our New Stand, No. 83
Cherry street, and will there be prepared to furnish
the public with the best of everything in onr line,
such as Fancy and Family Groceries, Frags, Veget
ables, Chickens, Eggs, Euttter, and Caromel Cocoa-
nut. Also, Wines, Whiskies, fine Brandies, and
choice Cigars.
jolll tf 8. T. & B- P- WALKER.
A. B. ADAMS. R. M. BAZEMORE. SHADRACH WARE.
Adams, Bazemorc & Ware,
PLANTERS’ WAREHOUSE.
FOURTH STREET, MACON, GA.
W E have admitted Mr. Sbadrach Ware to our
business, the new firm to go into effect on
and after the first day of September next. But all
drafts accepted by Adams & Razo more on the pres
ent growing ciop will be assumed by the new firm-
We will in the future, as in the past, give our
whole attention to the storage and sale of all cotton
entrusted to us. Onr warehouse is, as is well
known, commodious, newly built, and fire-proof.
Liberal advances will continue to be made to our
friends. mav23 dAwSm
NEW BOOKS! NEW BOOKS!
T OM PIPPIN’S WEDDING, By the author of
The Fight at Dame Europa's School.
STRIFE, A Bomane of Germany and Italy.
CALORPOD, A late French Novel by Maurice
Sand, (son of Geo. Sand.)
“WHY DID HE NOT DIE,” by Mrs. A. S. Wiater,
after the German or Ad Von Volckhaasen.
jnly 13 tf
J. W. BURKE 4 CO.
COTTON STATES
Life Insurance Co.
PRINCIPAL OFFICE, MACON, GEORGIA-
Authorized Capital $2,000,000
Guaranteed Capital 500,000
Deposited with State Comptroller for se
curity of Policy Holders 150,000
W. B. Johnstoh President.
W. S. Holt Vice President;
Geo. S Obeab Secretary.
J. W. Burke General Agent.
J. Mercer Green, M. D Medical Examiner.
W. J. Magill Superintendent of Agencies.
C. F. McCay Actuary.
INSURE ON ALL POPULAR PLANS,
INSURE YOUR LIFE AT HOME.
ALL IPS FUNDS INVESTED IN GEORGIA.
ALL LOSSES PAID WITHOUT DELAY.
IT IS MANAGED WITH ECONOMY.
ITS POLICIES ARE NON-FOP.FEITING AF
TER TWO YEARS.
F. M. HEATH, Bpecial Agent,
JnlStf Macon, Georgia.
R. F. OBAVELKPS
CHEWING TOBACCO.
T HE most desirable article of the kind manufac
tured. A fresh supply.
HUNT, RANKIN 4 LAMAR,
Druggists.
WHOLESALE DEPOT
for the fine
Pharmaceutical Preparations
JOHN WITH A BRO.
"'HE Trade supplied at Manufacturers' PriceB.
jrtly23 ct
HUNT, RANKIN & LAMAR,
Druggists.
notice.
P ERSONS in want of Bough and Dressed Lum
ber, Sash, Blinds, Mouldings or any kind of
building material, or any style of house built, from
a cottage to a mansion or temple, are advised to
call on B. 0. Wilder 4 Son, Third street, near Ar-
tope’s marble yard. Terms caeh and very reason
able.
julyll lm B. 0. WILDER 4 SON.
A DMINISTRATOR S SALE.
W ILL be sold on Tuesday the 1st day of August
next, at the Ells’ Store, on Mnlberry street,
Macon, Ga. The entire stock of Merchandise,
consisting of Fancy and Family Groceries, fine
Wines and Liquors, and also, the Stock and Fix
tures, belonging to the Saloon and Restuarant. At
tho same tiruo and place will he sold, the celebra
ted trotting stallion “Climax,” and trotting buggy.
Together with other effects belonging to the estate
of the late H.- N. Ella.
Terms of sale, cash or approved paper. Sale to
begin at 10 o’clock, and continue from day to day.
july 2 tds W. A CHERRY, Adm’r.
DIXIE WORKS,
MACON, GEORGIA,
Guernsey, Bartrum <fc Hendrix, Propr’s^
Contractors, Builders, and Dealers in
DOORS, SASH, BLINDS, BRACKETS, MANTELS,
WINDOWS AND DOOR FRAMES.
WHITE PINE WORK, SCROLL WORK,
And all sorts of Turning done to order.
Ready Dressed Flooring, Ceiling, Rough Lumbe
and Lathes in any quantity always on hand.
Orders solicited and promptly filled, may20 tt