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TERMS OF SUBSCRIPTION. Daily—one year $lO oo “ six months 5 00 “ three months 250 Tki-Weekly—one year ... 6 oo " six months... 250 Weekly—one year 200 “ six months “ 100 Single copies. 5 cts. To news dealers. cts. Subscriptions must in ail cases be paid in advance. The paper will be discontinued at the expiration of the time paid for. 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*