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JAB. G. BAILIE, )
FRANCIS COGltf, Proprietors
GEO. T. JACKSON.)
Address all Letters to
H. C. STEVENSON. Manager.
Gen. John Cochrane and his Liberals
have resolved to vote with the Democracy.
Drop your absurd title, John, and make a
clean thing of it.
The Atlanta Constitution has a report
(which don’t lead right between the lines)
that Miss McNeely, the paramour of H. L.
French, committed suicide soon after ar
riving at her home, near Andersonville. It
says she took arsenic.
Some Massachusetts politicians are try
ing to get Henry Wilson to run for Gov
ernor of Massachusetts on the Republican
ticket. Why. bless you, Henry knows ho
would get whipped, and then he is pros
pecting to succeed Grant.
Byron said that to properly pronounce a
Polish name one should sneeze three times
and say ’ski. To wrestle successfully with
Kragugevitz and other J urkisli or Sclavie
nomenclature it is ary to use hydrau
lic power upon the facial muscles and the
sinews of the jaw.
The Chaitman of tho Massachusetts
Democratic Convention announces that
“Southern outrages” have ceased to “fire
the Northern heart,” and will not answer
for concealing Radical corruption. Just
so. The "results of the war” in the ruin of
business are killing off Morton & Cos. rapid
ly, even at the North.
Newspapers having a monopoly are a
sort of paradise for lazy editors, who can
steal editorials with an impunity which
must make a “trained journalist” blush
for the profession. It may be that articles
“written with the scissors” are better, in
many instances, than those “ evolved from
inner consciousness;” but ethics and good
faith require that when the material of
other men’s brains is used it should be ac
knowledged.
The Republicans of Maryland have
formed a junction with the dissatisfied
Democracy and nominated J. Morrison
Harris for Governor, and S.Teackle Wal
lis for Attorney General. Both of these
men are staunch haters of Radicalism and
ardent lovers of the South. Both were pro
scribed for sympathy with the Confedera
cy and one, Wallis, imprisoned. We are
somewhat surprised at their singular po
sition, but await developments.
We understand that an amount of bad
faith and trickery was developed in the
recent successful attempt to change the
location of the Post Olfiee which is discred
itable to a United States official. Luckily
many of the Federal officials now fastened
upon the South are about at the end of
their tether, and we shall be rid of some
very bad rubbish in a year or two. If any
body thinks himself aggrieved by this
statement our columns are open to a ven
tilation of the entire matter.
The term concordat, used in our Madrid
telegrams, signifies an agreement entered
into by the See of Rome with secular
Princes or governments, touching one or
more points of ecclesiastical discipline. It
was first used in 1118, being applied to tbn
sti puiations of Pope Martin V, on the one
side, and England, France and Germany,
on the other. The most notable concordat
of recent years was that between Napoleon
i and Pies VII, in 1801, re-establishing the
Christian religion which had been abolish
ed by the Revolutionary leaders.
Further details from Texas show that
the hurricane was far more destructive
than the dispatches of a d*y or two back
led us to believe. Several small towns have
been wiped out, and tho loss of life, limb
and property must be enormous. Luckily
Texas is in a mo3t prosperous condition
financially, and while tho money of those
who escaped disaster can not recall the
dead to life, it can and will bind up the
wouuds and rebuild tho waste places of
surviving sufferers.
It appears that when a Brazilian mon
arch desires to leave his domain permis-
sion has to be sought from the Chamber of
Deputies. Dum Pedro, the Emperor, wishes
to visit Europe and the United States, to be
absent lor eighteen months, and, like a
good boy, asks the sanction of his Parlia
ment. When we saw him. eighteen years
ngo, he was one of the most magnificent
looking of the children of men—tall, erect,
robust, and “every inch a king.” lie has
always been regarded as among the most
enlightened of rulers, as he is one of the
most intellectual. His queen, a Neapolitan
princess, was as plain and squatty aS he
was stately and in posing.
A correspondent of the Baltimore Amer
ic m, writing from Chicago, explains the
new lightning express trains thus: “The
train is to travel fast, averaging thirty
four miieo per hour, including stoppages
all the way from Baltimore, Philadelphia,
New York and Washington, and conse
quently indirectly connecting with all crea
tion to Pittsburg, Cincinnati, Chicago and
St. Louis. To make it possible to accom
plish this rate of travel, it is to be ‘limi
ted’ to three cars—one for mail and bag
gage and two for passenger-. It is conse
quently also to be‘limited’ in the number
of passengers it will carry, for the reason
that its cars are to be ‘limited.’ No sched
ule of rates has yet been published, but I
imagine that those who purchase the ‘limi
ted’ number of seats in those trains will be
required to pay for them at a higher rate
than in the slow coaches that jog along
after them, ‘unlimited’ as to the number of
cars that the locomotive is required to pull
over the mountains. Young brides will all
insist on the ‘limited’ trains for their bridal
trips, the old and feeble will desire to make
their journey short, and the active business
man, to whom 'time is money,’ wifi always
travel faster than any one else if it is prac
ticable. In short, the ‘limited’ train is the
fashionable train of the future. It is, under
anew name, the adoption of the English
tirst-clats’ train system, the rates of travel
being generally ono-third higher on these
trains than on the slow accommodation
trains, that pick up and set down pas
sengers at ev’ery village and hamlet.
Wniist cro -sing the Alleghanies we wit
nessed from the rear car the singular con
trivance for taking a supply of water
whilst the train is in full and rapid motion.
A trough about a quarter of a mile long
lixed in the centre of the track,, overflow
ing with water, is lappe 1 by the pipes
which are suspended from the water tank,
and as they drag through It the water
rushes through the pipes and replenishes
the tank, thus contributing to tho 'rapid
speed’ of the train. After all we did not
s )em to travel faster than in an ordinary
‘unlimited train’ when at full speed, but
we literally stopped for nothing except for
dinner at Altoona, and to be transferred to
the Fort Wayne and Chicago Road at Pitts
burg. It is these provoking stoppages that
m ike travel so slow, and the cheeking of
speed so often on the route. As most of us
are fast people, we have no doubt that the
•limited’ mail train will be in ‘unlimited’
demand by those who can afford to pay for
the saving of time, by traveling oyer ej.ght
.hundred miles in less than twenty-four
4iOurs.”
Sflje Atttttsta; Constitutionalist
Established 1799.
POLITICAL.
Union of Reform Democrats and Re
publicans in Maryland—Nomina
tions Confirmed.
Baltimore, September 22.—The ad
journed meeting of the Republican
State Convention assembled. A com
mittee of conference, consisting of rep
resentative e of this convention and tvro
reform wings, agreed upon the follow
ing candidates: Governor, J. Morrison
Harris; Attorney General, S. Teackle
Wallis; Comptroller, Edward Wilkins.
The convention confirmed these nomi
nations. Four counties were unrepre
sented. The resolutions declare against
further expansion.
Vice-President Wilson Declines a
Gubernatorial Nomination—N e w
York Liberals Resolve to Vote with
the Democracy.
Boston, September 22.—Vice-Presi
dent Wilson'refuses to be a candidate
for Governor.
Albany, N. Y., September 22. —The
Liberal State Convention met. Three
hundred delegates present. Gen. John
Cochrane is permanent Chairman. Re
solutions were offered and referred en
dorsing Tilden’s reform measures and
recommending the party to vote for
persons who are personally and politi
cally in sympathy with him and reform
measures which he inaugurated and
“we hereby recommend Liberal Republi
cans to vote the Democratic ticket.”
The Liberal Platform.
Albany, September 22.—The platform
is: There can be no sound currency but
coiu on demand. Without speedy re
sumption on a specie basis national
disaster threatens.
The civil service needs reforming.
The platform deprecates forcible in
terference with State-rights, condemns
the Administration, endorses Tilden’s
action against the Canal Ring ; recom
mends the Liberal and independent
voters to support those candidates
already in nomination, of whom they
most approve, and who in their judg
ment will co-operate with Governor
Tiiden in his work of administralive re
form. These resolutions were adopted.
Massachusetts Democratic Convention
“Southern Outrages” Played Out.
Worcester, Mass., September 22.
The Democratic State Convention met.
Edward Avery, permanent Chairman.
In the course of his address he said va
ried accounts of annual autumnal out
rages at the South no longer divert the
attention of the people from the inca
pacity, mismanagement and corruption
of those in power. Men begin to dis
cover that the blood is artificial and
the agony manufactured, and are ready
to administer the affairs of government?
like their own private affairs.
Renomination of Gov. Gaston.
Nominations : Wm. Gaston, for Gov
ernor ; Wm. F. Bartlett, for Lieutenant
Governor.
The Massachusetts Democratic Plat
form.
Worcester, Mass., September 22.
The platform of the Democrats and
Liberal Republicans of Massachusetts,
assembled in convention, declare and
affirm as the basis of their action :
1. We reiterate the declarations com
prehensively made by the National
Conventions at Cincinnati and Balti
more in 1872, accepting the recent
amendments to the Federal Constitu
tion as a full, final and permanent ad
justment of the political controversies
incident to the late war.
2. We demand for the Union the
support in full vigor of all its constitu
tional powers as the supreme authori
ty, utterly repudiating all claim of
right by any State to secede from the
Union, or to nullify its laws, and de
mand for each State as equally inviola
ble the right to govern itself, irs sover
eign pleasure subject only to the lim
itations and obligations of the Federal
Constitution.
3. In the interest of public morals,
the nation’s credit and common welfare,
we oppose any further issue by the
Government of a currency inconverti
ble with gold, the world’s recognized
measure of value, and we favor a
speedy return to specie payments as
essential to the revival of the com
merce business and credit of the coun
try and to the welfare of the laboring
masses.
4. We arraign the Republican party
for its extravagant expenditure and
profligate waste of the people’s money,
for its corruption, for its peculations,
for its contempt of constitutional obli
gations, for its extortionate excercise
of sinecures and of the salaries of our
pubiic officers, for its oppressive, un
just and defective system of taxation,
finance and currency, which have de
graded public and private morality and
brought upon us the present depression
in the commercial and industrial in
terests of the country; for its centrali
zation of power and its encouragement
of monopolies and corporate corrup
tion, for its continuance of incompetent
and dishonest men in office, and for its
general mismanagement of both State
and Federal Governments.
The platform concludes: “We take
an honest pride in the cordial and en
thusiastic approval by the people of
the whole country on tho 17th of June,
1875, of the policy of reconciliation,
peace and fraternity advocated by the
Democratic and Liberal Republican
parties in 1872. We welcome with
especial satisfaction the assurance that
that policy will be inaugurated by the
administration to be placed in power in
1876.
FROM NEIV YORK.
Ladder Inquest—Reward for a
Stolen Boy—“ Crooked” Clothing.
New York, September 22.—Inquest
was held upon the serial ladder deaths.
The chief engineer attributed the break
to extended leverage and too many men
ascending. He considers the ladder
safe, but more than one man cannot
ascend to the top section iu safety.
Five hundred do'lars reward is offer
ed for the child Joseph Sullivan, whose
disappearance was reported a week
ago.
Suit has commenced in the United
States Court against It. S. Allen,
clothier, who is charged with receiving
§12,000 for marine clothes which he
never furnished.
Sporting News.
Louisville, September 22. —Withers’
chestnut filly won the three-quarter
mile dash, for two year olds. Time,
1:18%. Arizona won the two mile
heats in 3:4.5 and Fair Play
won the one and a half mile dash in
339.
Louisvville, September 22.— First
race—Mile heats, for Reynolds’ stake,
was won by Bob Woolley, Misdeal sec
ond, Volcano third. Time —J.:44 and
1:44%.
Second race—Dash of three-quarters
of a mile, was won by Vagrant, Bengal
second, Bombay third. Time —1:17%.
Third race—Dash of a mile and a
quarter was won by Egypt, Grenoble
sepond, Verdigris third. Time—2:l2%.
AUGUSTA. GOY., Til TTRS DAY, SEPTEMBER 23. 1875.
STATE SUPREME COURT.
Decisions Rendered in Atlanta, Ga ,
September 21, 1875—Hon. Hiram
Warner, Chief Justice, Hons. L. E.
Bleckley aud James Jackson, Judges.
[Jackson, J., having been of counsel,
did not preside in this case.]
Morgan vs. Stokes. Garnishment, from
Lee.
WARNER, C. J.
This case came before the court be
low on tho trial of an issue formed on
the traverse of the answer of a garni
shee to a summons of garnishment.
The jury, under tho charge of the
court, found a verdict in favor of the
garnishee. The ei rors assigned, are to
the charge of tho court, and refusal to
charge as requested. It appears from
the evidence in the record, that Rosser
was the Tax Collector of Lee county,
that Stokes the garnishee, was security
on his bond, that by an arrangement
between Rosser and Stokes, the former
was to pay over tho money collected by
him as tax to Stokes, who was to make
a settlement with the county therefor.
On the 22d of September, 1872, Stokes
gave to Rosser a receipt for $228.90 for
tax of Lee county for 1872, and if any
over, to be accounted for to him. Ros
ser was indebted to Morgan, the plain
tiff, and Stokes agreed that if there
was any excess of money in his hands
after settling with the county, belong
ing to Rosser, he would retain it for
ttee payment of plaintiff’s debt. The
garnishment was served on Stokes the
7th of October, 1873, who denied hav
ing any money or effects in his hands
belonging to Rosser, insisting that he
had paid over all the money received
by him from Rosser as Tax Collector
to thfe county. It also appears from
the evidence in the record, that Rosser
himself made some payments of tax
money to the County Treasury, and
that there was a receipt found by him
which enabled him to detect the error
as to the amount which had been paid
over to the county. After Stokes had
made a settlement with the county for
the tax money received by him from
Rosser, it was discovered that Rosser
had over-paid the county S2BO, in other
words, on a fair settlement with him,
allowing him his commission, &c., there
was due him that amount, aud an or
der was passed in his favor for that
sum, and the plaintiff insists, that in
asmuch as the county was indebted to
Rosser on his final settlement for an
over payment of tax money, that
Stokes, the garnishee, is therefore lia
ble to have judgment rendered against
him in favor of the plaintiff for that
amount. The court charged the jury
“that if Stokes was security for Rosser
on his bond, and acted as his agent in
recovering aud paying taxes to the
Treasurer, and Stokes made most of the
payments to the Treasurer, and Rosser
made some of the payments, and after
Stokes was served with summons
of garnishment, he had in his hands
any money or orders on the county
paid over to him by Rosser as taxes
collected by Rosser for the county, and
he in good faith, and without any fraud
or negligence, paid over the whole to
the county treasurer, that he was not
liable to this garnishment.” The re
quest to charge by the plaintiff which
was refused ; assumed by the law to be,
that if there was an excess of S2BO due
by the county to Rosser, on a final set
tlement with him, notwithstanding
Stokes, the garnishee, had paid over
all the money ho had received from
Rosser as tax money in good faith to
the county; that the garnishment
bound that excess in his hands, and he
was liable for it. If there was an ex
cess of S2BO due by the county to Ros
ser after the payment to the county of
all tax money received either by Stokes
or Rosser, such excess was a debt due
by the county to Rosser, and not a
debt due by Stokes, the garnishee to
Rosser. In view of the evidence con
tained in the record, that there was no
error in refusing to charge as request
ed, or in the charge as given. Let the
judgment of the court below bo af
firmed, inasmuch as Stokes had given
to Rosser the receipt of the 22d of
September, 1872.
R. F. Lyon, Geo. Kimbrough, for
plaintiff in error.
Hawkins & Hawkins, for defendant.
Baggs & Stephens vs. J. K. P. Keaton
Injunction, from Dougherty.
WARNER, C. J.
The plaintiffs in error were defen
dants in the court below in a bill which
had been filed against them in relation
to the property in controversy, and in
their answer thereto, in the nature of a
cross bill, prayed for an injunction and
the appointment of a receiver, which
the presiding judge, on the hearing of
the motion therefor, refused to grant.
Whereupon, the complainants iu the
cross bill excepted. In view of the
facts as disclosed iu the record, we find
no error which will authorize this court
to interfere and control the discretion
of the presiding judge in refusing the
prayer for an injunction and the ap
pointment of a receiver. Let the judg
ment of the court below be affirmed.
Warren & Ely, for plaintiff in error.
R. 11. Clarke, Smith & Jones, for de
fendant.
[Bleckley, J., having been of coun
sel, did not preside in this case.]
Merritt, administrator, vs. Cotton
States Life Insurance Company.—
Complaint, from Sumter.
WARNER, C. J.
This was an action brought by the
plaintiff against the defendant on a life
insurance policy. On the trial of the
case, the jury, under the charge of the
court, found a verdict in favor of the
plaintiff for $2,734.52, with twenty-five
per cent damages on that amount, and
one thousand dollars attorneys’ fees.
A motion was made for anew trial on
the several grounds stated therein,
which was granted by the court on
eight of the grounds taken in the mo
tion, and the defendant insists that the
court should have granted the new
trial on several other grounds stated in
the motion, which the court overruled.
When the motion for anew trial came
on to be heard, the plaintiff made a mo
tion to dismiss it on the ground that
the motion for anew trial was not made
at the term of court at which the trial
was had, but was made in vacation. It
appears from the record that at the
term of the court at which the trial was
had, the following order was passed :
“Upon consent of counsel, in
open court, ordered that
counsel have ten days from the ad-'
journment of this court, to make out,
perfect, and have filed in the clerk’s
office, an application for anew trial
with original brief of evidence ordered
to be filed. Such motion to be heard
at chambers by the judge, as if in tprm,
Within twenty days, with the right of
exceptions to both parties. Plaintiff
also has the same time and terms, with
like rjght of exceptions. The court
adjourned on the day of January,
1875. On the Ist day of February
thereafter, the judge at chambers
granted a rule nisi for a* new trial, and
suspended the verdict -and judgment
until further order, anill set the case
for a hearing on the sthit of February.
On the 2d of February the plaintiff ac
knowledged service on the defendant’s
motion for anew trial with a protest
that a motion for anew trial and su
persedeas, could not be made, filed and
ordered in vacation, atid agreed to a
brief of the evidence 'Mtli a similar
protest. The judge overruled the
motion to dismiss tiie motion for anew
trial, any the plaintiff excepted, and
assigned the same as error. There
being only two judp m presiding,
and being divided in opinion as to the
plaintiff’s motion to dismiss the de
fendant’s motion for a hew trial, the
judgment of the court,, below on the
question of dismissal stands affirmed.
There was no error in tho ruling of the
court at the trialas to its jurisdiction of
the defendant in the county of Sum
ter, under the evidence in the record,
as provided by the 3408th aDd 3409th
sections of the Code. The constitutional
power of the General Assembly to en
act these two sections of the Code was
recognized and settled by this court, in
Davis vs. the Central Railroad and
Banking Company, 17th Ga. Rept. 323.
There was no error in overruling the
defendant’s motion for non suit on
either of the three grounds taken in the
motion therefor. Then beiug no plea
of neunques administrator, the plaintiff
was not required to prove that he was
administrator at the trial. The abso
lute refusal of the defendant to pay was
a waiver of the preliminaries required
by the policy as to the rime of pay
ment. (Code 2813.) Tlu| manner aud
circumstance of the deajh of the in
sured, under the evidenc-k, was a ques
tion to be submitted to ti|e jury.
There was no error in fhe charge of
the court, that if the plaintiff had ob
tained a paid-up poliejj, he was as
much bou id by the ternas and condi
tions of the original polkk as if he had
not forfeited his right to She remainder
of the policy. If the insured died by
his own hand, then the policy is void,
unless it be clearly shovjn that at the
time the act was done, hid mental con
dition was such as to render him inca
pable of distinguishing! right from
wrong to such an extent-, as to render
him legally and morally ‘irresponsible
for his acts and conduct. The fact
that the insured committed suicide is
not of itself evidence of* insanity. In
view of the evidence contained in the
record aud of the law applicable there
to, we will not interfere wo control the
discretion of the court in granting a
new trial in this case—the more espe
cially as there is no evidence which
would have authorized the jury to find
twenty-five per cent, damages_ on the
amount recovered and SI,OOO for attor
ney’s fees, on the ground that the re
fusal of the defendant to pay the plain
tiff’s claim, was in bad faith, as pro
vided by the 2850th section of the
Code.
Let the judgment of the court below
be affirmed.
S. C. Elam; Hawkins & Hawkins, for
plaintiff in error.
Cook & Crisp, for defendant.
Brown vs Bennett. Motion, from Sum
ter.
WARNER, C. J. 1
This was a motion to set aside a de
cree made by a court of equity in fa
vor of Brown, the complainant against,
Bennett, one of the defendants therein.
The motion to set aside the decree was
basd on two grounds. First, that the
defendant, Bennett, had never been
served with process in said case. Sec
ond, because the allegations in said
bill make out no case upon which a de
cree could have been rendered against
the defendant, Bennett, and no prayer
in said bill as against him. On the
hearing of the motion the Court, from
the evidence before it,'held that the
defendant, Bennett, had been served
with process, and overruled that
ground of the motion to , set aside the
decree. The court sustained the mo
tion to set aside the decree on the
ground that there was no allegation in
said bill charging Bennett, and no re
lief prayed for against him. To which
judgment and decision ;of the Court
setting aside said decree Brown,
the complainant in ihe bill, ex
cepted. It appears from the record be
fore us that the bill wap filed by the
complainant against Fiirlow, Price &
Furlow, ’partners, who Resided in the
county of Sumter, and tfho defendant,
who resided iu the county of Glynn, in
which it is alleged that defendant, Ben
nett, owed complainant • five hundred
dollars, to secure the payment- of which
he had executed to him a mortgage on
a negro girl named Margaret; that af
ter the execution and record of said
mortgage, the defendant, Bennett,
placed the said negro in the possession
of Price, to secure a debt said to be
due by him to the film of Furlow,
Price & Furlow; that Price, one of the
said firm, ran off said negro, or has sold
her and received the proceeds of such
sale, whereby she is placed beyond the
reach of his mortgage fi* fa.; that the
defendants, Furlow, Prjce & Furlow,
pretend that said defendant, Ben
nett, conveyed to tijjem said ne
gro prior to tho and j,te of said
mortgage, to secure thqm in accept
ing paper for the defendant, Ben
nett, &e., that the defendant, Bennett,
is insolvent. The pray ST of the bill is,
that the defendants may* be compelled
to produce said negro, and iu default
thereof, that they be decreed to pay
the complainant the amount of his
mortgage debt, and th.it complainant
may have such other atsjl further relief
in the premises as the eijurt mav deem
just and proper. This ljill was filed 9th
February, 1056. On tie hearing in
October, 1872, the jury ijound a verdict
in favor of Furlow, Priej and Furlow,
and against the defends it Bennett for
five hundred dollars, lie amount of
the debt, with iutereet| and a decree
was entered thereon, Siti March. 1873.
The court having found that the de
fendant Bennett was served with pro
cess, it may well be questioned whether,
in contemplation of law, ihe is not to be
considered as having bpen before the
court when tho decree [was rendered
against him, and failing to except
thereto on the ground contained iu his
present motion, he is no], concluded by
that decree. But be tl.fat as it may,
we are not aware lof any law
which will authorize tf court to set
aside the decree of a cdurt of equity
for defective allegation.-? in the bill, or
for defective pleading, bn motion, as
may be done as to comfrion law judg
ments, under tho provisions of the
Code. If it appears on the face of the
proceedings in an equity cause that
the same are so defective, that no valid
decree could have been r endered there
pn, then the proper remedy is by a bill
of reyiew to set aside tpe decree, and
not by a mere motion, jis was done in
this case. As before re marked we are
not aware of any law which would have
authorized the court to jhave set aside
the complainant’s decroaon the ground
stated in its judgment of a mere motion,
and for that reason, we reverse the
judgment setting it aside.
Let the judgment of the court below
be reversed.
Hawkins & Hawkins; N. A. Smith,
for plaintiff in error.
Peabody & Brannon, by brief, for de
fendant.
Lockett vs. DeNeufville, et al. Motion
in Attachment, from Dougherty.
BLECKLEY, J.
1. The statute (Code, 3266) requiring
bond from the plaintiff in attachment,
with good security, in an amount at
least double the debt sworn to, contem
plates, not only that the bond shall be
for that amount, but that the security
shall be good for the like amount. It
is not the purpose of the statute to ex
act bond in double the debt and securi
ty for less ; nor is it the province of
the officer who takes the bond and
judges of the security, to conjecture
what may be the probable, or the pos
sible, limit of the defendant’s damages.
He is authorized to accept no bonds
for a less amount than double the debt,
nor any security except security good
for at least that amount.
2. In a proceeding under the act of
1873, (Code $ 3271) to verify the suffi
ciency of tho bond, and to have it made
good, if not so already, the officer is to
be governed by a like standard of se
curity, and to pronounce none sufli
cient which is not good for an amount
double the debt.
3. In that proceeding no question of
amendment can be entertained, except
amendment of the bonds and of that
only in so far as may be necessary to
make it conform to law as a bond in
support of the attachment as originally
issued and levied.
4. If, in such proceeding, an order
to make the bond good be not com
plied with within the time prescribed,
the proper final order is one declaring
the plaintiff’s default, and directing
the levying officer to dismiss the levy
To order that the attachment and the
levy be dismissed is error.
Judgment reversed.
B. H. Hill & Son; Smith & Jones, for
plaintiff in error.
Joseph GauahJ; Warren & Hobbs, for
defendants.
Blount vs. Wells. Illegality, from De
catur.
BLECKLEY, J.
An execution from the County Court,
issued by the clerk de facto, and signed
by him officially, is not illegal because
the clerk practiced law at the time, aud
was one of the attorneys of record for
the plaintiff in the execution.
Judgment affirmed.
John C. Rutherford, by Jackson &
Clarke, O. G. Gurley, D. A. Russell, for
plaintiff in error.
Bower & Crawford for defendant.
Wheeler vs. Redding. Rule, from Sum
ter.
BLECKLEY, J.
1. The sheriff has no right to suspend
the sale of property under final process
because the defendant’s attorney, on
the day of sale, produces the defend
ant’s petition in bankruptcy (with adju
dication thereon) in which the property
levied upon is claimed as exempt by
virtue of the bankrupt law, and because
he is advised that he cannot, therefore,
proceed to sell. Such facts, in answer
to a rule nisi for not collecting the
money on the ti. fa., will not protect the
sheriff against attachment.
2. Where the Sheriff has levied a fi.
fa. upon land for a debt existing prior
to the Constitution of 1868, it is not
sufficient for him to show, in answer to
a rule for the money, that he did not
sell because the property had been set
apart to the defendant as a homestead
by the Ordinary. His answer should
show, affirmatively, that the hornet :ead
was not greater in quantity or value
than the exemption allowed by law
prior to the adoption of that Constitu
tion.
Judgment affirmed.
Hawkins & Hawkins for plaintiffs in
error.
W. B. Guerry for defendant.
FROM WASHINGTON.
Postal News —Resignations Kellogg
aud Ames —The Attorney General
Unanimously Approved Currency
Notes.
Washington, September 22. —The Sa
bine Pass mail will be carried by sailing
vessels until the Pelican State, lost in
the recent storm, is replaced by another
steamer.
Assistant Attorney General Walter
H. Smith, heretofore at the Interior
Department, and A. E. Ruddiugtou,
Chief Clerk of the same office, have re
signed.
The Navy Department has advices
of the safety of the liio Bravo in Gal
veston harbor. She will go to Houston
for supplies.
Governor Kellogg, of Louisiana, bad
a conference with the Attorney General
regarding affairs in Louisiana and Mis
sissippi. Kellogg approves the course
of the Attorney General, and thinks his
letter to Ames must exercise a good ef
fect. Kellogg stated that political af
fairs in Louisiana were remarkably
quiet. There were no indications of a
renewal of disturbances which some
time ago characterized that State. The
Attorney General has telegrams from
persons of both political parties in
Mississippi, commending his letter to
Ames.
The Internal Revenue receipts this
mouth are satisfactory to the Treasury
Department; those from customs are
less than those for the corresponding
month last year.
There now remain only §28,000,000 of
the new five per cent, bonds for nego
tiation.
No fui’ther call for the redemption of
the old bonds will be made until de
manded by subscriptions to the new.
Dr. Linderman, Director of Mints,
has returned from his visit to the Pa
cific coast, and expresses himself satis
fied with the operations of the several
mints, including that at San Francisco.
CRIMES AND CASUALTIES.
Murder of a Peddler—Fatal Accident
—Destructive Conflagration.
New York, September 22. —Four ne
groes were arrested on the charge of
murdering a peddler at West Farms.
The goods were found in their posses
sion.
Atlanta, September 22.—While ex
cavating for the foundation for anew
front to an old building, the embank
ment caved in, killing one negro and
bruising another.
Providence. September 22:—-The
Whiting silverware factory was burned.
Loss, §100,009. Most of the stock is
in vaults, which are hoped to be flrp
proof. Three hundre4 workmen were
ousted.
St. Louis, September 22. — Wm. N.
Senter was elected President of the
Cotton Exchange.
THE N., C. & S. L. RAILROAD.
PRESIDENT E. W. COLE’S ANNU
AL REPORT.
A Good Showing for the Past Year.
f Nashville American, 16th.]
The following is the annual report of
Col. E. W. Cole, President of the Nash
ville, Chattanooga and St. Louis Rail
road, as submitted to the stockholders
at their annual meeting yesterday:
President’s Report.
Office of President )
N., C. & St. Lodis Railroad, >-
Nashville, Tenn., Sept. 11, 1875, )
To the Stockholders:
In conformity to section 18 of the
charter, the Directors make the follow
ing report of the state of the company
and its affairs :
The Treasurer’s report shows the
financial condition of the company.
The reports of the General Superin
tendent and Resident Engineer show
the operations for the fiscal year end
ing J une 30,1875, aud present condition
of the property.
From the report of the General Su
perintendent, it will be seen that the
gross earnings of the line for the year
were:
From freight $1,128,171 21
From passage 488,782 43
From mail 38,608 92
From rents 25,203 63—51,680,826 19
The expenses were:
For maintenance
of way $346,243 69
For motive power. 317,418 33
For maintenance
of cars 121,095 45
For conducting
transportal ion. 286,718 72
For miscellane
ous 80,478 26—11,151,954 45
Leaving for net earnings $528,871 74
Or 31>£ per cent, of net earnings to
68}£ per cent, expenses.
We charge nothing to construction
account, as many roads do.
Compared with the last fiscal year,
the net earnings fell off but $1,003.91,
while the gross earnings were reduced
$195,866.78, which shows a saving of
$191,802.87 in operating expenses, and
it is believed that these results, when
all of the unfavorable circumstances
attending last year’s operations are
known aud considered, will be as grati
fying to the stockholders as they are
pleasing to the Directors.
For particulars in regard to interrup
tion of business during last year on
both divisions of your road, caused by
the floods, the Directors refer to the
report of the General Superintendent.
We cannot estimate the loss of busi
ness by these interruptions, at less than
$75,000, and this was a loss of net earn
ings, as the breaks and overflows were
temporary aud uncertain as to dura
tion, and, on that account, we could not
dispense with employes to correspond
with loss of business, and that busi
ness went by competing lines that were
not reached by the floods. These over
flows were never equaled in duration
since the building of the Chattanooga
division of your road, or for more than
twenty-five years, and for height of
rise were surpassed only a few inches
by the great freshet in Tennessee river
in 1867. It is well to know that such
floods and interruptions to business on
your line, are of rare occurrence,
If, to the net earning of last year,
$528,807,71 is added, loss of net earn
ings by the floods, $75,000, you have
$603,871.71.
Disastrous to our business as the
floods were, they were not the only, or
greatest cause for small receipts last
year. Among others may be cited, the
drouth of last year, which cut short
the crops of Middle Tennessee about
one-half, and which extended to Mis
souri and Illinois, the States from
which your Northwestern division
draws most of its through business,
stringency in monetary affairs, affect
ing the material interests of all com
mercial and industrial classes (on which
railroads are mainly dependent for
their business and prosperity) that fol
lowed the panic of 1873, and the ruinous
competition between the Baltimore and
Ohio, and the Pennsylvania Central
railroads which commenced in April
and ended in August, causing pro
visions and other freights to be taken
from St. Louis, Chicago and Cincinnati
to Baltimore at such unprecedented
low rates, that, with the low rates by
steamers between Baltimore and
Charleston aud Savannah, aud with
very low rates on railroad lines between
Baltimore and Augusta and Atlanta, a
portion of the freight of a large district
heretofore supplied over your line, was
practically transferred from the West
to Baltimore.
Speaking of the competition between
the Baltimore and Ohio Railroad and
the Pennsylvania Central Railroad,
Mr. Goweu, President of the Philadel
phia and Reading Railroad, in his ad
dress to a joint committee of the Penn
sylvania Legislature on July 29, said:
“Let me call your attention, gentle
men, to what you are familiar with, and
what has occupied a great share in the
public attention, and that is the contro
versy between the Baltimore and Ohio
Railroad and the Pennsylvania Central
Railroad within the last two or three
mouths. Was the competition a bene
fit to the public ? We tried it; wo tested
it. Was it for the interest of the public
that two great railroad companies
should be fighting each other and carry
ing produce at less than one-half the
cost of the service ? Everything was
deranged by it. The merchant who had
laid in his stock of goods in Chicago,
based upon ordinary charges of trans
portation, found his rival enabled to fill
his store, owing to the sudden and ex
cessive competition at one-third of the
iates that he had paid.”
But it is believed that the footing up
of losses by the trunk lines referred to
will prevent a repetition of such results
for sometime to come.
Material reductiops were made last
Fall in salaries and wages, followed by
further reductions, commencing Ist of
June last, the beneficial results of
which are seen in the amount of net
earnings for the months succeeding that
date.
There was an increase of net earn
ings for July and August of this year,
compared with July and August of last
year of §38,619.43. It is believed that
the reductions made at the last named
date will add §IOO,OOO to the net earn
ings of the present fiscal year, as com
pared with net earnings of last year,
upon the same amount of gross busi
ness reported for last year.
Average net earnings for the whole
line, for last year, were 31 % per cent.,
to 68per cent, of expenses, which is
an increase of 3 1-10 per cent, jn net
earnings on the Chattanooga division,
and 3 1-10 pep cent, increase on an av
erage for the whole line.
The St. Louis division of your line is
comparatively anew road, and as yet
has contributed but little to the net
earnings of our Company, but when
the same improvement and thrift along
its way are developed, as ape seen on
New Series —Vol. 28, No. 42.
the Chattanooga division, (which im
provement must come gradually) the
average gross and net earnings of the
line will be increased, as neither divis
ion can have, for many years to come,
more competition than they had last
year.
The St. Louis division has now two
reliable connections with St. Louis via
Union City aud Columbus and the Iron
Mountain Railroad, and the other by
way of Frost and Cairo and the St.
Louis, Alton and Terre Haute line; also
a good connection with the Illinois
Central Railroad to Chicago, by the
extention of the Mississippi Central
Railroad from Frost Station on your
line to Cairo, and must command a
large proportion of any through busi
ness done between the Northwest and
Southwest. It also furnishes the
shortest and most favorable route be
tween Memphis and Nashville via Mc-
Kenzie, and besides the travel passing
between those cities, it commands a
large share of the travel between points
south of Chattanooga and Memphis,
Arkansas and Texas, and the travel by
this route will be largely increased as
the territory of Arkansas and Texas is
improved aud populated, aud by the
completion of the Texas Pacific Rail
road.
Since the panic of 1873, all interests
have been greatly depressed, the rail
road interest not probably more than
any other, but the future is promising.
Improvement will soon come. It may
be gradual, but w T e think it will be cer
tain, and, until such times do return,
our safety is in economy.
Located as your line is through busi
ness, and with its good local business
on the Chattanooga Division, and with
a reasonable prospect of an increase of
local and through business on the St.
Louis Division, if conservative influence
in the maintenance of reasonable and
remunerative rates prevail, working in
harmony with our important connec
tions, it has, to my mind, a very hope
ful future, and may be made to pay
reasonable and regular dividends to its
stockholders.
With a falling off last year off $155,-
375.75 in gross receipts, there was an
increase in tonnage of 5,954 tons. This
anomaly may be explained mainly by
fierce competition and reduction in
rates, and our net earnings would have
been materially reduced had it not been
for our close attention to operating ex
penses ; and, as we have the most di
rect route between the Northwest and
Southeast, and believe we are operat
ing our road as cheaply, if not cheap
er, than lines competing for our legiti
mate business, it follows that we can
carry at a small profit upon rates that
must prove a loss to them. But even
the evidence of loss has not been suffi
cient to deter some from this mischiev
ous competition by circuitous routes.
The warring of railroad lines is gen
erally welcomed by the public, for they
imagine good will result to them out of
it. This arises from a very superficial
view of the matter. The truth is that
the ill effects of too low rates react
upon the public themselves, for the
spirit of competition referred to leads
to rates that are far from being remu
nerative, and when the damaging ef
fects are fully realized, the managers
of the roads, by common action, go to
the other extreme in their efforts to re
trieve their losses, and, by such action,
the public suffer. Therefore, uniform
rates that are liberal, not exorbitant or
extravagant, are most beneficial to the
public as well as to the roads. I feel
confident that conservative views must
soon control in the management of
railroads, aud ail roads will be greatly
benefited by such action, and the pub
lic protected from fluctuations in rates.
We all know the value of railroads
to communities that do not have them.
The hope of building one will enhance
the value of property, but where they
have them the benefit has been forgot
ten, and their ability, usefulness and
value are made uncertain by the efforts
of unscrupulous and selfish politicians
to court popularity by stirring up pre
judice against this oppressed interest,
by which it is forced into expensive and
vexatious litigation, and often denied
the most common rights allowed to' a
citizen. What would Tennessee be to
day without her railroads ? She
would be land-locked, and .filer corn
selling at twenty or thirty cents per
bushel, aud other productions of
her soil in that proportion, as
was the case in ante-railroad times.
But the building of railroads has
built up her fortunes and planted her
hopes on the high plane of progress.
All honor to the noble men who crossed
her rugged mountains and passed
through her deep valleys in the develop
ment of her railroads; and the sacrifi
ces made by the stockholders in their
construction, ought to be held in ever
lasting remembrance by the people of
the State, instead of having the very
small income from their stock (where
roads pay anything to the shareholder)
made uncertain by unfriendly and class
legislation. But I am glad to report
that there is a better feeling in the pub
lic mind towards the most important
interest to the State. This improve
ment is going on, and, as it is not far
from the people to the servants of the
people, it will not be long before this
interest will stand equally well with
any other interest before our Legisla
tures and courts.
The suit brought in December, 1869,
by the McMinnville and Manchester
Railroad Company against the Nash
ville and Chattanooga Railroad Com
pany for iron taken from their road by
the Federal authority during the war,
and placed on the Nashville and Chat
tanooga Railroad, has been compro
mised and settled. By the terms of the
settlement the McMinnville and Man
chester Railroad Company transferred
and assigned to your company all of its
right, title, interest and claim against
the United States for said iron, etc.,
amounting to §—. Whatever quan
tity of that iron may have beep put
down on yopr road by the Federal Gov
ernment, an equal quantity of your
iron was taken up and sold by the Gov
ernment. Besides, the settlement be
tween your company and the Federal
Government, made on the first of June,
1872, covered all iron then in your
track, and, therefore, any iron so placed
in youp track by officers of the united
States was, in that way, paid for by
your company,
jgTbe actukl expenses of repairing the
breaks in the road caused by water
spouts and floods during the year, re
ferred to by the Superintendent
amounted to §23,551.60,
Three additional spans (308 lineal
feet) of the Tennessee river bridge at
Bridgeport have been replaced with
iron spans, “Fink Triangular Truss,”
on most favorable terms, at a cost of
§30,138.33., whioh will be paid for
during this fiscal year. The amount is
included in the bills payable account.
There is also included in that account
an item of §30,000 of annuity obliga
tions which run for twenty years,
f§l,soQ of which is paid annually and
charged to operating expenses) obliga-
To Advertisers and Subscribers.
On and afteb this date (April 21. 1875.) all
editions of the Constitutionalist will be sent
free of postage. '
Advebtihemekts must be paid for when han
ded in, unless otherwise stipulated.
Announcing or suggesting Candidates for
office, 20 cents per line each insertion.
Money m ay be remitted at our risk by Express
or Posted Order.
Cobrespondknce invited from all sources,
and valuable special news paid for if usad.
Rejected Communications will not be re
turned, and no notice taken of anonymous
letters, or articles written on both sides.
tions growing out of the Harpeth acci
dent in July, 1871.
The directors hope that the bottom,
so to speak, has been reached in reduc
tion of gross receipts and low rates,
aud that we may expect an increase of
business with better average rates. —
The Board will not enlarge, however,
on this subject, as there are so many
contingencies constantly arising that
no human sagacity can foresee or pre
vent.
The company has enough locomotive
engines and cars to do a largely in
creased business, and the track on both
divisions of your line is in good order.
Having given the steel rail a fair
test with the iron rail in the yards at
Nashville, the use of the steel rail on
the Chattanooga division has been de
termined on, and, while its first cost
will add considerably to the cost of re
newing the track, the renewal will be
gradual, and when once accomplished
will save largely in the road repair ac
count.
The promise of mineral developments
along the line of the Chattanooga di
vision and the erection of iron works
is encouraging, and considerable will be
done in that direction as soon as the
country entirely recovers from the ef
fects of the panic of 187s, aud a moro
healthy commerciai feeling is restored.
Trains on both divisions of your road
ran last year with remarkable freedom
from accidents, and the Board take
pleasure in commending the conduct of
the officers, agents and other employes
for their faithful discharge of duty and
zeal in protecting and promoting the
intereals of the company.
All of which is respectfully submitted
on behalf dt the Board by
E. W. Cole, President.
ECHOES OF THE STORM.
Total Destruction of Several Texas
Tow ns and Great Loss of Life.
New Orleans, September 22.—The
surgeon of the steamship Australian,
ashore at San Barnardino, reports every
house in San Barnardino washed away.
The people, except five, took refuge on
the steamer, and were saved. Not a
house is standing on Buffalo Bayou.
Two houses are left in Matagorda.
The town of Cedar Lake is washed
away, and all the inhabitants are lost.
Further Details—Boston’s Generosity
New York, September 22. The Times’
special from Galveston says the Aus
tralia lies in five and a half feet of wa
ter.
The body of Will Blount, lost with
Dr. Peel, was found. Six bodies were
found in different parts of the bay yes
terday.
The bark May Queen and the schoon
ers Minerva and Amos Houston are
high and dry. The schooner Adelaide
was ashore on high ground. The
schooner Christiana will prove a total
loss.
The steamship Harlan gave all the
provisions she could spare to Indianola.
The town of Velasco was entirely swept
by the storm or cyclone, which appears
to have taken in its course a belt of
country some forty miles in width, from
north of Galveston Island, extending to
north of Houston. The hurricane
swept over this entire section of coast
to the west of Indianola into the Gulf.
Galveston was to the south of the more
severe storm.
Boston, September 22.—1n answer to
an appeal for aid from Mayor Davies,
of Galveston, Mayor Cobb authorized
him to draw for $5,000 to assist sufferers
by the recent floods.
FOREIGN DISPATCHES.
Spanish Politics—The Emperor of
Brazil About to Travel.
Madrid, September 22.— The Papal
Nuncio asks inhibition of legal pro
ceedings against Bishops, in virtue of
the provesicns of the Concordat.
Well informed circles say the Gov
ernment has determined to pursue an
energetic course with regard to the
Nuncio’s circular, and fully maintain
the royal perogative in the premises.
A ministerial circular was issued to
the Prefects to-day. It urges the union
of Monarchists of all shades in the com
ing election.
Rio Janeiro, September 22.—The
Minister of Public Works presented in
the Chamber of Deputies to-day a re
quest of the Emperor to sanction a visit
of eighteen months’ duration to Europe
and the United States.
The English Money Market—The
Irish Bishops—The Turks Defeated
and Insurrection Rampant Again.
London, September 22.—The Pall
Mall Gazette says supplies of money
are large and paper scarce.
Maynooth, Ireland, September 22.
The Pastoral of the Bishops intimates
the intention to establish a Catholic
training school for masters, under the
care of Vincentian Fathers. They say
the primary system of education is
more than ever disturbed.
Berlin, September 22.—A Belgrade
special to the National Zeitung confirms
insurgent victories. Trebigne is again
surrounded.
Ragusa, September 22.—Advices from
Sclavonic sources say the forces of
Searko have been joined by fresh bands
of Servians. The insurgents are said
to have burned everything between
Novi Warosh and Vishegrad.
The Concordat in a Bad Way.
Madrid, September 22.—The Corres
pondencia, of this city, says Cardinal
Slmeoni, Papal Nuncio, addressed a
note to the late Government demand
ing the execution of the Concordat be
tween Spain and the Vatican, payment
of arrears due to the clergy, and that
nominations to still vacant bishoprics
will be made as soon as possible. Don
Alexandro Castro, the then Minister of
Foreign Affairs, and Don Pedro Sala
verria, Minister of Finance, replied.
The reply was couched in conciliatory
but firm language. The Ministers en
deavored to convince the Nuncio that
the circumstances of the case no longer
permitted him to put forward his de
mands.
Troops for Cuba—Death of an Official
—Sharkey, the Murderer.
Santander, September 22—The em
barkation of troops for Cuba is ac
tively going on. At present 4,000 have
sailed.
Havana, September 22.—Senor Caze
tano Bonafax, Secretary of the Treas
ury, died on the 18th inst. of vomito.
Sharkey, the murderer, attempted to
escape from the Kingston steamer as
she touched at ports on the north coast
of Cuba,, and has been brought back to
this city.
A Railroad War Ended.
Louisville, September 22. — The fight
between the Louisville and Great
Southern, the Louisville and South
western, and the St. Louis and South
eastern Railroads has ended. The con
sultation of the Superintendents re
sulted in an amicable adjustment. The
rates between Louisville and Nashville
will be raised to the old standard*