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• *4 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