The telegraph and messenger. (Macon, Ga.) 1869-1873, August 30, 1871, Image 4

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TIio allegations in Hie to legal controversy. .. complainants’ bill make ■ profl- r cnso for the cxercisoof theeqnitablo jurisdiction of the court. McCay, J., dissenting. — When a railroad track is laid down in the streets of a city bv au thority of the Legislature and the permission of the city authorities, and the same is so con structed as not to obstruct the Dee egress and ingress of the adjoining lot owners to and from ... I_1_ 3 n onil nf tVlA BtrPfit. IS Telegraph & Messenger Life Insura-noo Co. WEDNESDAY MOHNING, AUGUST 30,1871 PRINCIPAIi OFFICE, MACOJT, GEORGIA* A Groyport Lege ml. (1797.) [Sr el Marie, «» the Atlantic Monthly for Sept. 1 They ran through the street of the aoaport town. They peered from the decks of the ship* where they The cold sea-fog that came whitening down Was novor as cold or wliito as they. “Ho, Stailuck and Pinckney and Tenterden. Kun for your shallops, gathor your men, Scatter your boats on the lower hay. Good cause for fear! In tbo thick midday The hulk that lay by the rotting pier. Filled with the children in happy play, Parted Its moorings and drifted clear. Drifted clear beyond reach or call— Thirteen cldldren there were in all— All adrift in tbo lowor bay! Bald a bard-faced skipper, "God help us all! 8be will not float till the turning tide!” Said Ills wife, “Uy darling will bear my call, Whether in sea or Ileavcn alio abide.'* And she lifted a quavering voice and high. Authorized Capital '••••■ Guaranteed Capital Deposited with State Comptroller for se curity of Policy Holders Head of Third Street, Sign of JOHNSON & SMITH’S .Actuary. C. P. McCay. INSURE ON ALL POPULAR PLANS, INSURE YOUR LIFE AT HOME. ALL ITS FUNDS INVESTED IN GEORGIA. ALL LOSSES PAID WITHOUT DELAY. IT IS MANAGED WITH ECONOMY. ITS POLICIES ARE NON-FORFEITING AF TER TWO YEARS. F. M. HEATH, Special Agent. DEPARTMENT FILLED WITH SKILLED MECHANICS. 50,000 pounds CLEAR RIB HIDES, in casks and half casks, Wild and etrango as a aoa-bird'e cry. HU they ehndderod and wondered at ( her aide. The fog drove down on each laboring crew. Veiled each from each and the eky and shore. There waa not a sound but tbo breath they drew, And the lap of water and creak of oar; And they felt tho breath of the downs, froeb blown O’er leagues of eloYdr and cold gray atono, But not from the lipa that bad gone before. They come no more. But they toll the tale That, when foge are thick on harbor reef. The mackerel Habere shorten sail, For the signal they know will bring rohef— For tho yoiee of children, still at play In a phantom hulk that drifts away Through channels whose waters nevor fail. It is but a foolish xhipman’s tale, A theme for a poet’s idle page, Bnt still when the mists of doubt prevail, And we lie becalmed by the shores of Age, We hear from the misty troubled shore The voice of the children gone before. Drawing tho eonl to its ancliorago. Decisions ol the Supreme Court ol Georgia. nr.UVEBH) AT ATLANTA, TUESDAY, AUGUST 22,1871. From the Atlanta Constitution.] South Carolina Railroad Company et. al. vs. H. H. Steiner et al Injunction from Rich mond. Locquake, O. J.—Wo hold from tho facts dis closed by this record that equity may take ju risdiction by bill in tho nature of a bill of peace, under section 3ICG of tho Code, and bring all the parties, plaintiffs and defendants, into tho fornm, and adjast their equities and several rights by one decretal verdict, and the inquiry upon tho truth of such case, to cover, not only their past, but future damages, so as to stop all future or further litigation in or abont tho same subject matter, and operate as a complete in vestiture of tho legal right, freo from further claim of damages to the railroads in their uso of Washington street Augusta, for railroad pur poses, by steam power, within the legitimate scope of the legislative right granted to them upon their compliance with tho verdict: Held, That tho act of tho municipal authori ties, sanctioned by the Legislature, gives to the railroad companies tho right to nse the street in controversy. But the failure by the Legisla ture to provide for the assessment of damages, by way of compensation to tho property owners on said stroet, 'does not tako away the right of the party to his suit at law for damages under seotion 2002 of the Codo. Held again, That while tho uso of a public street may be granted to railroads to lay bare of iron on to rnn over with trains, without-endan gering tbo streot by obstructions or embank ments, yet if tho nso of locomotives infliols in jury upon those who live on the street, by throwing smoke throngh tho houses along the streets, or by its weight shaking them or break ing the plastering or walls, oto, and by tho noiso and soroochiDg of whistles and engines, the legislative right to run over tho street does not make snch acts harmless, and tho injury in flicted upon the legal rights of tho parties is not daianun absque injuria. Upon tho trial tho rule of evidence should be limited to actual damage, the right to use tho streot with reason able obstruction in the passage of trnins is per mitted by law, and is not an clement of damage, nor is the jolting over tho iron rail an dement, nor tho apprehension of tbo safety of children, nor aro possibilities in cases of sickness, nor any inconvenience to visitors not obstructing ingress or egress, nor any fancifnl or speculative damages, or sentimental injuries elements of damage. Bat tho darango which tho law ro- cognizes mast bo actual, tangibln and determin able by proof, and tho depreciation of tho pro perty not only from obstructions to access, bnt by smoke, and injury to walls, etc., and trace able as effect from cause and tho like may be inquired into to form the total of the injury. Judgment affirmed so for ns equitable juris diction is sustained and tho suit at law enjoined and reversed as to the conditions required to be filed in writing. Judgment affirmed. Waunxb, J., concurring.—Tho respective 10,000 pounds PRIME LEAP LARD, in tierces, Macon, Georgia. 1000 pounds PRIME LEAP LARD, in cans, 100 sacks VIRGINIA and LIVERPOOL SALT, 100 boxes SOAPS, 100 boxes CANDLES, MACON, GEORGIA, operation in private residences, churches, factories, No other apparatus is operated on the Bamo or any similar principle, which guarantees a light of uniform quality, in either argand or open Burners, WITHOUT THE USE OF ARTIFICIAL HEAT! The practical operation of the Machines can be seen at the PASSENGER SHED of the Railroad Companies in MACON; also at the Printing and Publishing House of Measrs J, W. BURKE & CO. We call attention to the following extract from a 30 cases POTASH, Sucrnscy, Bartriim & Hendrix, Propr’s., Contractors, Banders, and Dealers in DOORS, SASH, BLINDS, BRACKETS, MANTEL3, 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 solicitod and promptly filled. may20 tf 20 cases SODA, 200 barrels best brands FLOUR, 1000 sacks, halves and quarters FLOUR, GOOD WHITE CORN, by the car-load or sack 200 bushels OATS, 100 bushels PEAS, THE ORDERS DAILY RECEIVED FROM ALL SECTIONS FOR 50 barrels SUGAR, all grades, STELA.M ENGINES, BOILEBS, CIRCULAR SAW MILLS, MILL GEARIXG, GIYGEAR, SUGAR MILLS, SHAFTING^ POLLIES, 50 boxes RAISINS, NOW THAT THE SCHOOLS ABE OPENING, 75 boxes Assorted CRACKERS, 25 cases SARDINES, COTTON PRESSES, HORSE POWERS, CASTINGS AND MACHINERY, 50 boxes CREAM CHEESE, NO. GO SECOND STREET, MACON, QA. 50 barrels SYRUP and MOLASSES, 25 barrels CEMENT, r rFORM their old customers and tho public gen erally that they have on hand, or can procure at short notice, all the 10 bales OSNABUEGS, Metropolitan Works, CORNER SEVENTH AND CANAL STREETS, RICHMOND, YA. WM. E; TANNER & CO. STATIONARY and PORTABLE ENGINES and SAW-MILLS; BARK, GRIST and PLASTER MILLS; BOILERS. FORGINGS, CASTINGS, of IRON or Of various kinds, etc., etc., attest the popularity and rapid growth of 100 bales BAGGING, 1000 bundles ARROW TIES, All Work Erom “Findlay’s Iron Works” Warranted. WE CAN AND WILL COMPETE WITH THE NORTH AND EAST, IN PRICES FOK MACHINERY IN GENERAL. At New York wholesale prices, for cash or approved city paper, or thirty days. Whero parties are not known to ns, they must send good reference in the city. LORILLARD’S TOBACCO, COVE OYSTERS, YEAST POWDERS, PICKLES, etc. W ITH the assurance of promptness in filling orders, fairness and liberality in all transactions, it- tention and courtesy to all who may favor us with a call, we solicit a continuance of the patron age already and now being bestowed. Visitors to the city are invited to look through the various departments of our EXTENSIVE ESTAB LISHMENT. BOOKS OF INTRODUCTION In short, all goods kept in a first-claes Wholesale Grocery, which wo desire to sell for GASH or APPROVED PAPER, at the lowest market r&tos. Onr Country Merchants and planting friends will save time by calling and inspecting onr stock, as the dose proximity of our stores to the Railroad Depot, Hotels and principal Warehouses, makes our loca tion THE MOST CONVENIENT TRADING POINT IN MACON. All orders promptly attendod to. promptly and satisfactorily done. Freights to all points low. Send for descriptive circular. ju!7 d sw&wtildecl8. H. R. BROWN, Agont. UNDER THE NEW SCHOOL SYSTEM, Furnished at HALF PRICE until November! These books furnished only through Commis sioners of County Boards. Findlay Iron Works, Macon, Ga. ALL KINDS OF SCHOOL FURNITURE Death to Rats, „} * il 1 "* v * -" Roaches, Bed Bags, etc. (PATENTED FEBRUARY 21, 1871.) Wall Maps, Writing Materials, etc. We cannot be undersold, either at WHOLESALE Never failing. Boxes double the size as others. Hermetrically sealed and always fresh. For sale in Macon, at wholesale and retail, by J. H. Zeilin & Co-, Hunt, Rankin & Lamar, and all dmggists.feb26d&wly Orders solicited and promptly filled. The Great Medical Discovery! Dr. WALKER’S CALIFORNIA VINEGAR BITTERS, f§ Hundreds of Thousands S , £ J si Bear «°eSs; onte - fir Is s' WHAT ARE*THEY?f=3 Warehouse and Commission Merchants iv -M- AMERICAN WONDERLAND, MACON.G A of tho respective railroad companies, is another and distinct question. What are the legal rights of the owners of lands and tenements on Wash ington street ? The owners of lands and tene ments on Washington street are entitled to have and enjoy all tho rights and privileges which le- LOWLY WAYS, FOURTH STREET, MACON, GA. BLACK ARDREOLA, or THE LITTLE SHEEP. An Anti-Friction Screw. A Mechanical Wonder. This Great Press is simple, durable, rapid in aclion and the best, fastest and with more Labor Saving conveniences than any other known Screw Frees. DAVID LLOYD’S LAST WILL. Also, other Clioico Books have been THIS DAY received, by J. W. BURKE & CO. anglS tf JN Publishing onr card, wo claim nothing more for oursolvos than a determination to do our DUTY towards our customers. By Btriet attention to our bnsinoss, and studying the interest of our patrons wo have been abio heretofore to give satisfaction, and now have no apprelioneion that aU who will give ns a fair trial will continue to patronize our house. OF FAILURE. This Press is being rapidly introduced in various sections of the South—supplanting tho old faeli- med Friction Screw, and gaining the admiration and satisfaction of a'J who witness its performance. We challenge the world to produce its equal in a Cotton Screw. Send for descriptive circular, containing testimonials, prices, etc. Manufactured solely by turbing them in the regular nso, and lawful en joyment of the same, then the owners of snch lands and tenements are entitled to recover such damages as they have actually sustained Invasion of their legal rights to tho euj of their property, although the railroad nies may not have located their road part of their property. Tho invading, mg, obstructing or <” ' " ’ _ 1* 1_ n nlar nso and lawful enjoyment of their proper- GUILFORD & HILL, Musical Emporium of Georgia legal rights to the enjoyment |M “ ” ’ cornpa- on any . Q , hinder- disturbing them in the reg- ty, is an interference wUli their privafe legal Findlay Iron Works, Macon, Ga. Made of Poor limn, Whiskey* Proof Spirits and Refuse Liquors doctored,spiced and sweetened to please the taste, called “ Ton- !cs "“Appetizers,” “ Kcstorers,” &c., that lead the tippler on to drunkenness and ruin, but are a true Medicine,made from the Native Roots and Herbs of California, free from all Alcoholic Stimulants. They are the GREAT BLOOD PURIFIER and LIFE GIVING PRIN- CIPLE a perfect .Renovator and Invisorator of the System, carrying off all poisonous matter and restoring tho blood to a healthy condition. No person can tako these Bitters a* '‘-ording m direc tion and remain long unw r '~ -i For Inflammatory am '.ircnlc ltheu- matrsm and Gout* Dyspepsia or Indi gestion, Bilious* Remittent and Inter mittent Fevers* Diseases of tho Blood* Liver* Kidneys* and Bladder, these Hit ters have been most successful. Such Dis eases are caused by Vitiated Blood* which 13 generally produced by derangement of tho -Creative Organs, J DYSPEPSIA OB INDIGESTION. Headache, Pain in the Shoulders, Coughs, Tight ness of the Chest, Dizziness, Sour Eructations ot the Stomach, Bad taste in tho Mouth Bilious At tacks, Palpitation of the Heart, Inflammation of the Lungs, Pain In the regions of the Kidneys, and a hundred other painful symptoms, arc the off springs of Dyspepsia. They invigorate the Stomach and stimulate the torpid liver and howels, which render them of un equalled efficacy In cleansing the blood of all impurities, and imparting new life andvVorto the whole system. FOR. SKIN DISEASES* Eruptions/rettcr* Salt Bheum, Blotches, Spots, Pimples, Pustules, Boils, Carbuncles, Ring-Worms, Scald-Head, Sore Eyes, Erysipelas, Itch, Scurfs, Discolorations of the Skin, Humors and Diseases of the Skin, of whatever name or nature, are literally dug up and carried out of the system In a short time by the use of these Bitters. One bottle in such cases will convince the most incredulous of their curative effects. * Cleanse the Vitiated Bloua whenever you find Its Impurities bursting through the skin in Pim ples, Eruptions or Sores; cleanse it when you anglG-Sm CRAIG’S PATENT HORSE POWER, rights to that property, and to that extent is the taking of private property for the pnblio nse, GEN. JOHN B. GORDON, Pbesident •Vice Pbkimht atd Business Manages .Secbbtaby ' Medical Dmxcroi. GEN. A. H. COLQUITT, in the Act of the General Assembly for compen sation, as in this case, the owner of the private property whose legal rights aro invaded, may preserve his legal remedy to obtain redress, ho may stand npon all his legal rights, as secured to him by the fundamental laws of the land. Young vs. McKenzie, Harrison et al., 3rd Kelly 45, Code 2,9G2. It will not do to say that be cause the City Conncil of Augusta granted per- W. C. MORRIS, H. V. M. MILLER, H. D. SEWING MACHINE. IHIS Madiine stands without a peer for eimplic- X iiy, durability and variety of work. SPECIAL PREMIUMS, GEORGIA STATE FAIR. For the best specimen of work done on m« machine (money) *25 00 For best operator, under 12 years of age, (gold badge of honor) 20 00 ang 22tf J. L. ROGERS,, WM. EDIXGS, W. W. LEMAI, General Agents, Macon, Ga. FELIX COKPUT. Insure Your Life AT HOME in this Company, Because This Machine Stands To-Day Without a Rival; Worthy competitors acknowledge its infinite, superiority. Compact, simple, light draught, 3“”^ all iron, sots npon ‘ground under or outside gin house, attached in no way to house. It can 0 ^ either end or side of house. No long shaft for mules to stumble over. Rnns a gin from -V? , tf revolutions per minute. Wo mako two sizes, viz: No. 1 for 50 and CO eaw gins; No. 2 for saw gins. . OUR CHALLENGE fora Public Tost remains open, with no prospect of being accepted. WE GUARANTEE SATISFACTION, OP. WELL REFUND MONEY. ^ Examine all the Horse Powers advertised. Mako inquiry relative to Strength, DarabiUtv, Sp«£ Light Draught and convenience generally, what it will cost to put up and in operation at I then visit “CRAIG POWER” and it will sell itself- Send for circular with testimonials and price list. Manufactured only by Tbo SOUTHERN LIFE is well managed and has abundant Capital. All ... : n All of its funds are invested in Georgia. The rates are not higher than those of any firet-class Company. Each year the surplus is returned to the insured in Cash Dividends. The success of the Company is unparalleled. Gens. Gordon, Colqnitt, Wade Hampton, and like honest and honorable men are its Trustees and (Botween Telegraph Building and Baptist Church.) Directors. AU losses are paid without unnecessary delay. The Company is no longer an experiment—its experience and accumlated capital renders its suc cess assured and its securiry unquestioned. Its economy is unsurpassed. AU Soliciting Agents, who are authorized, have a commission signed by the Secretary and Gen> eral Agents. ROGERS, EDIXGS & CO., General Agents, Hollingsworth Block, Macon, Ga. Sunday Hours Same as Other Ice Retailers, Ice House below Passenger Depot in bnUJimr innsrlc fwnninA V— n \r mi. — A AOOOUKOI. formerly occupied by H. N. Ells. CASH ORDERS SOLICITED. msr2£tf Findlay Iron. Works, Macon, ]unc20 d&wSm