Newspaper Page Text
TERMS OF SUBSCRIPTION.
Daily—one year $lO oo
six months 5 00
“ three months 250
Tri-Weekly—one year 500
“ six months 250
Weekly—one year *" \ 200
six months . " 100
Single copies, 5 cts. To news dealers, cts.
Subscriptions must in all cases be paid in
advance, dhe paper will be discontinued
at the expiration of the time paid for.
JAS. G. BAILIE, )
FKANCIS COGIN, ; Proprietors
GEO. T. JACKSON,)
Address all Letters to
H. C. STEVENSON, Manager.
Pay Day iu San Francisco passed off
without embarrassment. Good enough.
Now for the Fourth of October in other
localities !
Delano’s successor is supposed to be
a rich dealer in anthracite and bitumi
nous fuel. His favorite air is “ Down
in a Coal Mine.”
From the result of a trial in Montreal
it seems that it is difficult to convict
the men who prevented Guibord’s in
terment.
A paper in Charleston, called the
Express, which is edited with uncom
mon vigor politically, deals some heavy
blows at the News and Courier, the
heaviest of all being extracts from the
columns of thatjpaper in former years.
When you desire to travel by rail
road from one point to another always
purchase tickets. Several men who
had stolen their passage were the only
individuals killed in a recent railway
accident, as we learn by telegraph.
The Bible, by an almost unanimous
vote of the Chicago School Board, has
been banishedjrom the public schools.
This has been a vexed question for a
ling time, and, we presume, is only
settled temporarily'.
Members of Congress, who have a
proper care for their health, will learn
with some concern that the sixty miles
of wooden pavement in Washington
City emit dangerous gases. If the
gas is half as noxious as that exhaled
by Congress for the last ten years, the
Lord have mercy on their souls !
The latest attempt at a Charley
Ross affair hasjended ignominiously
for the would-be kidnapper. The
mother of the child happened to be
near by, and her hot pursuit of the
robber caused him to release his vic
tim. A child-stealer would rather be
.assailed by a Chief of Police than a
lioness bereft of her whelp.
The Republicans of Massachusetts
have held a convention, announced
their platform and put forward candi
dates. The hardest lick given the De
mocracy is that clause of the platform
which sarcastically congratulates the
Greeley wing with having accepted
formally the doctrines of the Republi
can party. That was intended for a
prodigious whack, and it may make
some men squirm. The candidate for
Governor is named Rice, and he will do
as well as anybody else to surrender to
Gaston.
It may be that the speculators in
Turkish bonds are bearing the market;
but if our foreign dispatches are gen
uine, the prospect of a collision be
tween the Sublime Porte and Servia is
very promising indeed. The efforts of
the great Powers to keep the peace
seem to be unavailing. Race and reli
gious hatreds are stronger than diplo
matic red tape. It is fair to presume |
that if Turkey and Servia lock horns I
for a deadly conflict, a large part of Eu
rope will eventually be involved in the
mdee, the end of which 7ill either be
a postponement of the Sultan’s inevi
table fate, or his final expulsion from
Europe.
Appleton’s Journal, of last week,
summarizes truthfully the Turkey-
Herzegovina situation. It soys : “The
r jvolt in Bosnia has at last had the re
sult of exhibiting more clearly that fatal
i Iness of the Ottoman Empire of which
the Emperor Nicholas spoke mere than
t.veuty years ago. The realm of the
Osmanlis is surely but slowly 'mori
bund. It cau scarcely be doubted that
the long line of the Othman3 draws to
an end; year by year it sinks deeper
into the mire of hopeless debt.
The crushing land tax .is steadily
exhausting the agriculture of a
•country profusely gifted by nature ;
the farming population is growing
Ik<3 and less; the deserted villages and
uutilied domains are constantly increas
ing. The Sultan’s power is undermined
n>t only in Egypt, Tripoli and Tunis,
not only in Roumania and Servia, but
also in Albania, Montenegro, Bulgaria
aid Bosnia, in Europe," and in Syria
and other provinces in Asia. There
are two Christians to one Mussulman
In European Turkey; is it supposable
that these will long endure the odious
yoke?
“Meanwhile, the Sultan spends one
eleventh of the entire revenue of his
dominions on his own household. As
has been sharply said, ‘he expends less
money in making roads than in
maintaining an opera.” Sultanas
aud court pageants, gorgeous ap
parel and extravegant feasts, are
wasting the revenues which might
possibly—though it is now probably
tjo late—redeem the existence of the
Osmanli Empire for another century.
Corruption is universal; the Beys and
Pashas are so many leeches sapping the
life-blood of the once fair provinces of
the Danube and the Egean. It is the
anticipation which sees the breaking up
of Turkey that constitutes the pith and
danger of the famous “Eastern ques
tion”—the eager question, to whom the
spoils shall fall; the fear of one great
power lest its rival should get the
largest morsel; and the preparation to
struggle over the broken remains lying
on three continents.
FROM ST. LOUIS.
Revenue Trials Hanging Fire.
Louis, September 29.—The case
of* McDoP H ld and others for conspiracy
to defraud Revenue, was continued
at the instance t^ie defense on ac
count of the absen. ce a witness. The
indictment against £i? e same parties
for conspiracy to destroy public rec
ords was quashed, from A
bench warrant, was issued to hold
them to answer any indictment taat
may be found against them at the
jiext term. The bail is SB,OOO.
fflic Shtfittstfl Constitutionalist
Established 1799.
POLITICAL.
Republican Convention of Massachu
setts —The Vice President makes a
Speech.
Worcester, Mass., September 29.
The Republican State convention met,
W. W. Clapp, of the Boston Journal,
presiding. Committees on Organiza
tion aud Resolutions were appointed.
The Vice President is permanent Chair
man. He addressed the Convention.
The Platform.
The Republicans of Massachusetts
in convention assembled, reaffirm their
allegiance to the great purpose and
principles of the Republican party.
They congratulate themselves that
nothing in their record makes it neces
sary for them to give pledges that they
accept and will abide by the settlement
of the war issues made in the 13th,
14th and 15th Amendments to the Con
stitution of the United States, and they
congratulate the country that the Dem
ocratic party has at last formally pro
fessed to abaudon its long, bitter des
perate but unavailing struggle, first
to prevent and afterwards to over
throw that settlement.
They declare against a third-term;
that the National Government is sa
credly bound in the interest of the
common welfare, in good faith and in
the light of all experience and history,
to fulfill its promises by the speediest
possible return to specie payment; that
an irredeemable currency is a national
evil and when it continues beyond the
necessity of its creation a national re
proach.
Balloting for Candidates—The Suc
cessful Parties.
On the first ballot, Alexander H.
Rice received 451; Geo. B. Loring, 332;
Chas. Francis Adams, 253; scattering,
48. Second ballot—Rice, 497; Loring,
225; Adams, 201; scattering, 64. Third
ballot—necessary to choice, 499. Rice
received 576; Adams, 249; Loring. 99;
H. L Pierce, 96. The balance of the
ticket was nominated by acclamation:
Lieutenant Governor, Horatio G.
Knight; State Treasurer, Chas. Endi
cott; Auditor, Julius L. Clark; Attor
ney General, Chas. R. Train.
Worcester, Mass., September 29.
Secretary of State, Henry B. Pierce.
After the appointment of a State Com
mittee the convention adjourned.
The North Carolina Convention.
Raleigh, September 29.—The con
vention has recommitted to a commit
tee the vexed question of Robeson
county contested seats. To-day was
occupied iu the discussion of the ques
tion to reduce members of the Senate
from 50 to 25.
FROM WASHINGTON.
Sqna'bblings of the Loyal—Delano’s
Successor.
Washington, September 29.—1 t ap
pears that the committee from Missis
sippi, headed by Senator Bruce, had,
in addition to other objects, the re
moval of Postmaster Pease, at Vicks
burg, and District Attorney Wells, of
the Northern District. Messrs. Pease
and Wells are here, and have assur
ances that their course is in accord
with the views of the Admiulstra t iwn,
and that there will be no changes of
Federal officers iu the State.
Rumor makes Dawson A. Coleman
a wealthy Pennsylvania coal dealer,
Secretary of the Interior.
Alabama Claims Award —An Appoint
ment.
Washington, September 29. —The
Court of Commissioners of the Ala
bama Claims convened. All the judges
were present. Awards for the Goi
couda were made aggregating $15,000,
with 4 per cent interest since 1864. Ad
journed to Tuesday.
R. C. Feldkamp has been appointed
appraiser of merchandise for Chicago.
The Unanimous Jones —Tobacco and
AVool Reports.
J. Russell Jones has filed his bond as
collector of the port of Chicago.
The agricultural report says the to
bacco crop has greatly fallen off since
the last report from a condition of
twenty per cent, above an average in
July over September. Reports indi
cate a reduction of ten per cent, be
low the average east of the Alleghany
mountains. There has been on the
whole an improvement in Virginia.
Reports indicate a condition of 12 per
cent, above the average. Kentucky has
fallen off from 134 to 86.
The wool clip is full average weight.
FROM CHICAGO.
A Discharged Official Tells Tales Out
of School —Serious Aspersions of Sec
retary Bristow.
Chicago, September 29.—Charles
Ham, customs appraiser at this port,
who, without notice, removed
from office, this morning publishes an
open letter to the Secretary of the
Treasury, Bristow, in which, while as
serting repeated investigations only
confirmed the honesty and correctness
of his management, lie makes serious
charges against the Secretary for cov
ering up frauds in the New York Cus
tom House, and says that the report
of Mr. Blodgett detailing the monstrous
frauds which honeycombed the custom
service of New York was suppressed,
and the author of it was not permitted
to return to New York to continue the
reform he had inaugurated, but was re
manded to the routine of general ap
praiser of the port of Philadelphia.
THE GREAT POW WOW.
Indefinite Results of the Indian Coun
cil— Grandfather Grant to be Heard
From.
Red Cloud Agency, September 29.
The Commission went to £he council
grounds with a strong military escort
and Indian guard. Several speeches
were made. Spotted Tail wants Ne
braska moved south. The conclusion
of the Indian Council was that, in con
sideration of the sale of the Black Hills,
the Indians will be handsomely cared
for at all times. The Commissioners
were unauimous not to consider the de
mand of $3,500,000 per year for an in
definite time. They will attend another
Council to-morrow, then withdraw and
see what the Great Father has to say.
Minor Telegrams.
Montreal, September 29.—The grand
jury, after lengthy deliberations, failed
to indict the fifteen persons accused of
participation in the prevention of Gui
bord’s interment.
San Francisco, September 30.—Semi
monthly settlements were promptly
made. There were no suspensions.
Chicago, September 29.—The Board
of Education, with one dissenting voice,
resolved to discard the Bibles from
public schools in this city.
Fall River, September 29. All
The Mills are gaining hands.
AUGUSTA, GA, THURSDAY, SEPTEMBER 30. 1875.
FOREIGN DISPATCHES.
THE WAR-CLOUD LOWERING.
Belligerent Attitude of Turkey and
Servia—a Fight or Foot Race Im
minent.
London, September 29.—The Porte
addressed a circular to the Powers that
a conflict is inevitable if Montenegro
and Servia continue their violations of
neutrality. It declares that the pres
ent condition necessitates a hundred
thousand men between Mostar and
Widden to watch trespassers. Turkey
is UQable to continue this indefinitely.
Vice Admiral Ryder has four British
meu-of-war at Chee-Foo.
Twenty-nine members of the Servian
Skuptschina have resigned.
Vienna, September 29.—The Belgrade
papers publish alarming reports that
the Turks are preparing to attack the
Servian frontier.
Belgrade, September 29.—1 tis re
ported that the Sublime Porte has no
tified the Servian Government that it
is about to occupy the islaud of Little
Redoubt, iu the river Driu, which is
claimed by Servia. The Servian Gov
ernment opposes the project. It is of
ficially announced that Servian troops
on the frontier, near Nisch, have re
ceived a reinforcement of 8,000 men.
They now number 24,000 in that neigh
borhood.
An Emperor's Travels—Marine Disas
ter—Difference of Opinion on the
Concordat—Cattle Disease—The Irish
Inundation.
Berlin, oeptember 29. —The Emperor
has gone to Baden-Baden, thence on
the 10th of October he will go to Italy.
Liverpool, September 29. —The Amer
ican ship, Ironsides, hence for South
west Pass, on the 22d, put back dis
masted.
Madrid, September 29. —The minis
terial journals deny that Castillo, dur
ing his Premiership, promised to re
establish the Concordat.
London, September 29.—The foot and
mouth disease has iucreased iu some
localities, and decreased in others.
The ship, Uncle Joe, was abandoned
at sea. The Captain and 15 of the
crew are here.
The floods at Cork have subsided. It
is believed that several persons have
been drowned. The damage to crops
at Langford, Kerry and Tipperary is
enormous.
Wm. James R. Colton was elected
Lord Mayor of London.
The court-martial on the sinking of
the Vanguard, reprimanded aud dis
missed Capt. Dakins.
A Russian Note on tlie Situation —
Blood Upon the Moon.
London, September 29.— The Journal
de St. Petersburg says Turkey herself,
and the Grand Vizier especially, fully
admit the necessity for reforms, aud
have decided to introduce them
throughout the empire for all nation
alities. For this reason foreign Cabi
nets should abstain from ostensible
diplomatic pressure, aud confine then
efforts to the pacification of the insur
rection and examination of suitable iu
stit lit ions for the present crisis, and
thus be the means of effecting the first
improvement of the condition of the
F.nat-
Cettinje, September 29. Advices
from insurgent sources state that they
won a victory iu engagements yester
day near Osrediza, in Turkish Croatia,
and along the river Drin as far as
Dogopolje.
Belgrade, September 29. —Rumors
are current of an impending ministeri
al crisis because of dissensions iu the
Cabinet upon the question of war. The
complication of matters is increasing.
A decree of Prince Milan transfers the
seat of the Skuptschina from Kraguje
watz to Belgrade.
London, September 29.—The court
martial find that the cause of the sink
ing of the Vanguard was owing to great
speed maintained by the squadron dur
ing a fog, and to the Vanguard’s im
properly reducing her speed, and the
Iron Duke’s increasing her speed and
steering from her course.
CRIMES AND CASUALTIES.
Shipwreck—Fatal Railway Accidents.
London, September 29. —The Bark
Smila, from Bull River, S. C. for Swan
sea, was abandoned in a sinking con
dition. The crew are here.
Sarel, Canada, September 29—A pas
senger train on the Richmond, Drum
mond and Arthabasa Road ran off the
track. Ten persons were killed and
thirteen badly wounded. It is said a
rail was placed across the track.
Cincinnati, September 29. —The Peoria
express ran into a freight train at
Hamilton. The sleeper was demolished.
Three persons stealing a ride on the
platform were killed. The passengers
were unhuit.
Arrest of Defaulters—A Pleasure
Party Drowned.
Montreal, September 29. —Nichols,
the defaulting teller of the Bank of
Commerce, aud his father, were arrest
ed at St. Augustine, Fla.
Glen Cove, L. 1., September 29.—Dr.
Porteous, late pastor of All Souls’
Church, Brooklyn, and Louis Benja
min, were drowned while going to Sea
Cliff in a small boat. Three others were
in the boat.
New York, September 29.—O’Baldwin
is dead. Jack Corbett, arrested for
the murder of Mr. Noe, has been
sentenced to ten years on the charge of
burglary.
Norwich, Ct., September 29.—Robin
son, who murdered Mrs. Dixon, is dead
from poison taken after arrest.
FROM NEW YORK.
A Moribund Concern—Tlie Irisli Giant
Dying—A Foiled Kidnapper,
Albany, September 29.—The affairs
of the Jagger Iron Company, whose
blast works cost half a million, are in
such a condition that it is feared the
stockholders will lose their invest
ment.
New York, September 29.—The Irish
Giant is sinking rapidly. He cannot
live.
An attenlpt was made to steal the
child of Mrs. James Rikeman. The
mother gave chase aud the kidnapper
dropped the child.
Railway Matters.
New York, September 29. —At a meet
ing of the bondholders of the N. P. R.
R., the report of the Purchasing Com
mittee was read and approved. The
report of the Receiver, G. W. Cass, was
also read and unanimously adopted.
After which directors were elected for
the ensuing year.
Astronomical Observations.
Manchester, September 29.— The as
tronomers were only able to observe a
shadowy outliue. The predictions of
astronomy were verified to a second.
Albany, N. R., September 29. —Cloudy.
No observations.
Boston, September 29.— Cloudy; com
plelely obscured by the sun.
LETTER FROM ATLANTA.
An Ungracious Bl;i?jj -The Auonyina—
Hard Times but iff isk Trade—Mov
ing Day—ShrinkAi. of Values—One
of Bob Alston’s CepUmnial Recruits.
[Regular Corresp. u istitutionalist.l
Atlanta. September 28.
Absence from theUity prevented the
sending of my uA 4 instalment of
epistolary matter. * of any
consequence occurred’ia the city, how
ever, during my aijrfmce that would
serve as a news i-'-j iu. I find that a
city paper attributed | Lie authorship of
these letters to a named Smith.
Wonderful percept,; ?! has the astute
youthful editor with, 0 powerful mind.
If Smith can stand jit) base accusation,
I haven’t much ilfght to complain,
though I must say i| Wjg unjournalistic
and very discourte'i.i io your paper to
have given the real*name of your cor
respondent even if i:i> didn’t strike the
right person. f
A Home for Fallen Women.
Many years ago, .4 bjw philanthropic
wealthy Englishmen;! jmrehased a tract
of land in Florida an asylum,
for sucli fallen wonfifnlas desired to re
form aud mend theib ricked ways. It
was a failure. In th|)parger Northern
cities at the presen;:.; day are “Homes
for Magdalens,” butt? bey are more or
less failures. Atl;;t!|ta, swept by the
ever-stirring bret z ff progression, now
comes forward with jp project to build
a house of refuge these unfor
tunate people may a home. Tilt
idea is a tine one and iK> doubt born in
a sincere desire to rijlipve the distress
ed, but it is impraetH .fi le from the fact
that there are not e*Migh out of that,
class here who wou|i care to accept the
good offers of such ;{ home. It is only
when the Legislature,; is iu session—!
blush for my country ‘when I write it,
although it is the Holiest truth—that
this naughtiness f Gains over to excess
in Atlanta. Every contiguous city sends
a full representation, aud the city is
overrun with the Emigratory “soiled
doves.” Out of this's large influx, per
haps not more than:jpne of every hun
dred would consent;’.-) a change of life.
It is a mistake that nearly all of them
are dissatisfied withpheir condition in
life and wish for a purer sphere. They
become so hardenedliu sin, aud so lost
to any sense of viriqo and respectabil
ity that if logic was A steam hammer it
couldn’t beat into tiUfcir heads that they
should reform. Ve-L tew retrace then
steps, or even evince* a, desire to do so.
Therefore a home asylum for them
is a mere waste of* time and money.
Ear better that thei money raised for
such a purpose elijjeld be given t>
starving virtue. TI -i .o are many pure,
virtuous women elf lag out miserable
existences that this noney would ben
efit and be of good e m ice.
Mrs. Westmorela id, authoress of
“Heart Hungry,” et is at the head of
the movement, and he and other good
ladies propose to ;n ,iso the necessary
funds for the es'. hffshment of the
home by givings resj lings and concei ts
during the winter. i mt for the novelty
and sensational sj ;eo of this thing
good audiences m| orht be wooed to
these readings, but" were it announced
that tiie proceeds vs laid be applied to
benefit some starviL % family, think yon
the hall wouiu ue . fimuieu : mi, su.
The aristocrat, aui jurat, parvenu aud
shoddyite wouldn’t ; iy- it a thought and
naught but a beggu ly array of empty
boxes would greet t; warm
hearted reader. TANARUS; efcefore the home
for fallen women; Will succeed no
further than the idc; i.
Business Aspect.
The cotton year a >eptd auspiciously.
The staple has begi i to come in quite
lively in wagons uv 1 iby rail. All de
partments of trade; e< 5 -m in a healthy
condition, and the inspect is bright.
The vast amount o improvements in
the city has given mjployment to an
army of workmen ho spend all then
wages right here, j The grocery trade
was never better-jit mean the retail
trade. Hog-killiug|time is here, and
the butchers are d< |ii“ a thriving busi
ness. efuly impregnated
with cholera, sure [jpofj, are yet to be
seen lingering at ti;*; ifuit stands. The
fag end of the peafli ?crop keeps the
melons company, no demand.
The merchants dai-?.;) cheerful, aud
those in the | line are swarm
ing the country wit;|. i|-uminers. Busi
ness is good all oijtjS’ tjio city, and the
dull times of the sjii*ntuer will soon be
forgotten. if i
MoviOy jf’ny.
The dreaded Ist <October will soon
be here and with if| aH those peculiar
troubles and perpk&ities that follow in
its wake. One fi||i:iture wagon pro
prietor told me tgis I evening that lie
had enough ordem cm hand to move
parties to last hiipHst.-ady hauling for
two months ! You. .tiei'er see a respect
able dray iu Atlautijj;. They are all small
high-wheeled, narrow bodied concerns
that take only atj| armful at a load.
The different fire ijcyipanies have fur
niture wagons, w]ik-l> are used almost
exclusively for moiling household ef
fects. Hence one | moves here under
difficulties. If soijrife man with true en
terprise iu him wAjhi come here and
start a lino of Mw-wlieeled, broad
bottomed drays, hglwoald make money,
Rents have tajls3n a decided fall.
Eight and ten tSjlomed houses, that
heretofore rented* iffol fifty dollars a
month, now go'egging at thirty.
Small houses arclf in great demand.
The rent of two, twleb and four roomed
houses averages al *jut six, ten and fif
teen dollars. AU Hover the city the
legend “For Rent| strikes your eye.
Considering the up mher of workmen
iu the city, this; Lot sounds odd. It
can be accountedji; rby the reason
that the majority jo* workmen are ne
groes, who live |*| s warms iu remote
localities.
“Tliej Jkintii.”
Ed Mercer, a ‘fopular beer seller
here, will erect a Ifj&ge building on the
Centennial ground? Fairmont Park, to
be called “The Se-ith,” for the accom
modation of SoutlJ-ryers iu attendance
at the great jubpiee. It is said to be
quite au honor ti i Atlanta to have an
Atlanta man in cpfitrol of such an un
dertaking. He isj '{preparing to have a
grand affair. One J>? the features will
be a band of old t| g,o Southern darkies
playing on the ba :So aud other planta
tion musical instrui h nte. Mercer seems
to be a progressio list and will make
the thing pay if at ybody can.
Martha.
Railway Changes.
Raleigh, Septer her 29.— Dr. Haw
kins having resigitid the presidency of
the Raleigh and; Huston and Raleigh
and Atlantic Air j] jiie roads, Major G.
W. Grice, of Port mouth, Va., was to
day elected to fill ue vacancy.
Washington, 1 eptember 29. — The
Board of Health, i : t iling wood pave
ments, of which ' r a Kington has sixty
miles, report the e iv sion of gases en
gendering seymotj • diseases.
SUPREME COURT DECISIONS.
Decisions Rendered in Atlanta, Ga.,
Septembei* 28, ,1875. —Hon. Hiram
Warner, Chief Justice—Hons. L. E.
Bleckley and James Jackson, Judges.
M tyor and Aldermen of Savannah vs.
Dehoney et al. Injunction, from
Chatham.
WARNER, C. J.
This was a bill filed by the complain
ants against the defendant, praying for
an injunction to restrain it from the
collection of a tax imposed by the 6th
section of an ordinance of the city of
Savannah, to assess and levy taxes to
raise revenue for said city—which pro
vides, “that every person engaged i.i
the business of transporting or carry
ing goods, wares, merchandise, passen
gers, or baggage for hire, by means of
wagons, drays, trucks carts, omnibuses
or carriages of any description, or of
letting carriages and other vehicles for
hire, shall pay a tax according to the
number and character of the vehicles
employed in such business,” (to-wit)
specifying the tax to be paid. By the
same ordinaace it is provided “that
every owner or owners, lessee or leases,
of a public stable, shall pay a tax of
one hundred dollars.” The question
made by the complainants is, that
being taxed one hundred dollars on
their business as the owners and
keepers of a public stable in the
city, it is a part of their legitimate
business, and incident thereto, as the
owners and keepers of a public stable,
to engage iu carrying passengers and
baggage in omnibusses or carriages for
hire, without paying any additional tax
besides the one hundred dollars. On
the hearing of the motion for au injunc
tion, and after considering the bill, the
defendant’s answer, and the several
affidavits read at the hearing, the pre
siding judge granted the injunction ;
whereupon the defendant excepted. If
it was a part of the legitimate business
of the complainants and incident there
to as the owners and keepers of a pub
lic stable iu the city, to engage in the
carrying of passengers and baggage iu
omuibusses or carriages for hire, then
they were not liable to be twice taxed
on that business. Whether the engag
ing in carrying passengers and bag
gage in omuibusses or carriages for
hire, was a part of the legitimate busi
ness and incident thereto of the com
plainants as the owners and keepers of
a public stable in the city, is a question
of fact to be decided on the final hear
ing of the case under the evidence. The
evidence before the Judge, ou the
hearing of the motion for the injuuc
tipn, was decidedly in favor of the
complainants, in relation to this point
in the case. It was insisted, on the
argument here, that the injunction
should not have been granted, because
there was no equity iu the complainants
bill, they having an adequate remedy
at common law by an affidavit of ille
gality. The defendant did not demur
to the bill for want of equity, but tiled
its answer thereto; besides, no execu
tion or distress warrant for the tax
claimed had been levied ou the proper
ty of the complainants. If such had
been the case, we will not say that an
affidavit of illegality would not have
fcbco the proper remedy. In Vanover
ol r,l .. . TKn Tnatinpo PtP . 27th Gil.
Rep. 354, it was held that the act of
1804, prohibiting judicial interference
with the levy and collection of taxes
imposed by that act, did not extend to
corporation taxes. In this case there
are several complainants asserting the
same right against the defendant, and
one decision will prevent a multiplicity
of suits. In view of the evidence be
fore the presiding judge, as contained
in the record, we will not control the
exercise of his discretion in granting
the injunction prayed for.
Let the judgment of the court below
be affirmed.
Wm. S. Basinger, by Jackson &
Clarke, for plaintiff in error.
Rufus E. Lester, Meldrim & Adams,
for defendant.
Mary J. Brady, et. al, vs. Simeon Wal
ters. t laim, from Sumter.
WARNER, C. J.
This was an action of ejectment
brought by the plaintiffs against the
defendant to recover the possession of
lot of land number 210. in the '27th dis
trict of Sumter county. On the trial
of the case, the jury, under the charge
of the court, found a verdict for the
defendant. A motion was made by the
plaintiffs for anew trial, on the several
grounds set forth therein, which was
overruled by the court, and the plain
tiffs excepted. The plaintiffs claim
title to the land iu dispute, under a
deed made by Wright Brady, dated
26th of January, 1860, by which the
granter conveyed the lot of laud to
Mary Jane Brady, the wife of Martin
J. Brady, for her sole and separate
use, and for the use of her children
born, and to be born, to have aud to
hold .the same for the uses aforesaid.
Sometime in the year 1863, probably in
October, the exact date does not appear,
Mary Jane Brady and her husband peti
tioned the Judge of the Superior Court
to appoint the said Martin J. Brady, the
husband of said Mary Jaue, trustee for
herself and children, and also pray
ed for an order to sell said land, and
invest the proceeds thereof iu more
productive property, for the benefit of
the said Mary Jaue and her children.
On hearing and considering the appli
cation the Judge appointed Martin J.
Brady trustee for his wife Mary Jane
and her children, naming them, upon
his giving bond and security iu the
sum of four thousand dollars, faithful
ly to account to his cestui que trusts for
the product of said sale and the vest
ing the same in any other property for
their benefit, and that he make a pro
per return of his acting and doings in
the premises to the next term of Sum
ter Superior Court. The bond and se
curity was given by the trustee in pur
suance of the order, and leave was
granted by the order of the judge to
the trustee to sell the land as prayed
for, aud for the purpose,and therein spe
cified, and to make a deed of conveyance
to said lot of land as trustee to the
purchaser thereof. The order is silent
as to whether the trustee should sell
the land at public or private sale.
It appears from the evidence in the
record that the trustee sold the land to
the defendant, Richardson, at private
sale for the consideration of $6,000,
and on the 26th of December, 1863,
made him a deed thereto, as trustee,
reciting therein that it was made in
pursuance of the aforesaid order of
the Judge of the Superior Court.
Richardson went into possession of
the land under that purchase and deed,
aud continued in possession thereof,
either by himself or tenants, up to the
commencement of the plaintiffs’ action
on the 4th of September, 1872. The de
fendant set up in his plea a title by
prescription under his seven years pos
session uuder color of paper title and
claim of light by virtue of his purchase
from the trustee of the plaintiffs, as
before recited. The deed from Wright
Brady to Mary Jane Brady created a
trust estate for her sole and separate
use, and for the uso of her children,
then born and to be born, iu the land
conveyed by it. No formal words are
necescary to create a trust estate —
Code, 2305. When Martin J. Brady
was appointed trustee by the Judge
for his wife and children, the legal title
to the lot of land was iu him for the
uses declared iu the deed of Wright
Brady; that is to say, the legal title to
the land was in the trustee so appoint
ed, in order to enable him to protect it,
for the sole and separate use of the
said Mary Jane, and for the use of her
children then born and to be born. The
trust was not executed, at least until
all probability of the birth of any
more children of Mary Jane by
Martin J. Brady had become ex
tinct. In relation to that point in
the case, the evidence in the
record is silent. It is insisted that the
case of Loyless vs. Blackshear, 43d Ga.
Rep., 327, is like this case and should
control it. That was a case for the par
tition of land. The deed in that case
from Walker to Patrick Mills, trustee,
conveyed the land to Martha Mills and
her children in fee simple as tenants in
common ; there was no use, or trust,
created by that deed for the benefit or
Mrs. Mills or her children; the legal
title to the land vested in them under
that deed as a fee simple estate, there
was nothing for the trustees to do in
that case. It was further insisted on
the argument, that the sale of the land
was illegal, because it was a private,
and not a public sale as required by
the ‘232Bth section of the Code. That,
argument might be sound, if the de
fendant was relying upon a strictly le
gal paper title to the land. But it said
the defendant can not claim a prescrip
tive title to the land under his seven
years’ adverse possession under written
evidence of title, because he had notice
at the time he purchased from the trus
tee, that the sale was not made as
the law required it to be made, and
therefore his written evidence of ti
tle was fraudulent, within the true in
tent and meaning of the 2,638 section
of the Code. The defendant purchased
the land from the trustee iu pursuance
of an order of the Judge of the'.uperior
Court, which authorized the trustee to
sell it, and to make a deed of convey
ance to the purchaser, without stating
therein whetner the sale of the land
should be at public or private sale. In
our judgment the purchase of the land
by the defendant from the trustee at
pr ivate sale, and taking his deed there
for, in pursuance of said order, did not
make that written evidence of title
fraudulent within the sense aud mean
ing of the statute. The fraudulent
title contemplated by the statute is
such fraud as would effect the con
science of the party procuring it with
bad faith and moral turpitude. The
•Court charged the jury in substance
that if the cestui que trusts were repre
sented by a trustee, and that if the
trustee sold under an order of
court to defendant for a valuable
consideration, and defendant went
in under such purchase without notice
of any fraud, and he and those claiming
under him have been in possession
seven years before this suit, plaintiffs
cat not recover. Whilst the law appli
cable to the facts of the case in relation
to the defendant’s prescriptive title,
VVCXO UUt —— -V . 1 V , .
the charge of the Court as it might
have been, yet, it was substantially
correct, in view of the evidence in the
record. The legal title to the laud in dis
pute being in the trustee, he could have
instituted suit for the recovery of the
possession of it, and if he failed to do
so until his right of action was barred
by the statute, his cestui qui trusts the
plaintiffs, were also barred. This case
comes within the ruling of this Court
in WiDgfield adm’r vs. Virgin et al, 51st
Ga. Rept. 139, and must control it.
Let the judgment of the Court be
low be affirmed.
W. A. Hawkins, B. F. Hollis, J. W.
Brady, G. W. Wooten, for plaintiffs in
error.
Cook & Ciisp, for defendant.
Bleckley, J., having been of counsel,
did not preside in this case.
Wheeler, sheriff, vs. Walker. Injunc
tion from Sumter.
WARNER, C. J.
This was an application for a writ of
mandamus, by the petitioner therefor,
requiring the sheriff of Sumter county
to accept an affidavit of illegality to an
execution which had been levied on the
petitioner’s property, which had been
tendered to the sheriff, and which he
had refused to accept, (a copy of which"
affidavit of illegality is attached to the
petition), or that the sheriff appear at
the next term of Sumter Superior
Court, and show cause wiiy he shou Id
not so do, and in the meantime that he
desist and forbear to sell the property
so levied on until the further order of
the court. The presiding Judge of
said court, at chambers, granted the
following order: “It i3 ordered that
the respondent accept the affidavit of
illegality, or show cause at the next
term of Sumter Superior Court, wliy
the mandamus should not be made
absolute, and until the hearing, he is
ordered to suspend the sale of the
property levied on, on the fi. fa. men
tioned in the affidavit of illegality.”
The bill of exceptions recites that by
consent of counsel, on the 3d day ol
July, 1875, at chambers, the application
for the mandamus nisi as prayed for, was
heard before the presiding judge, all
notice being waived, when a demurrer
to the mandamus (meaning, we suppose,
to the application for mandamus), and
objections to granting the junction, were
heard: and, after hearing argument, the
judge granted tho before-recited order,
which is called in the bill of exceptions
an injunction; whereupon the sheriff ex
cepted. When the case was called for
argument here, a motion was made to
dismiss the writ of error as having been
prematurely brought, as there had been
no judgment rendered by the court be
low, on the hearing of the mandamus
nisi, to which it was made returnable,
and that the case was not embraced
within the provisos of the act of 1870,
providing for the bringing up to this
court injunctions prayed for in equity
causes. By the 4250th section of the
Code it is declared that no cause shall
be carried to the Supreme Court upon
any bill of exceptions so long as the
same is pending in the oourt below, un
less the decision or judgment com
plained of, if it had been rendered as
claimed by the plaintiff in error, would
have been a final disposition of the
case; but the party, at any stage of
the cause, may file his exceptions on
the record, etc. A writ of mandamus
is a common law writ, and under the
Constitution of this State, the Superior
Courts alone have jurisdiction to issue
it. The Judges of the Superior Court
may grant a mandamus nisi at any
time on proper showing made, but the
return must be made iu term time,
Code 3201-247. The judge, at cham
bers, had no authority, under the law,
to hear and determine a demurrer to
an application for a writ of mandamus
New Series —Vol. 28, No. 48.
■ nisi. The judges of the superior courts,
in vacation, have only the power and
authority to hear and determine de
murrers to bills in equity, under the
provisions of the act of 1869. The
granting the mandamus nisi, to be
heard and determined at the next
term of the Superior Court, was no
Anal disposition of the cause, and the
judge might well have overruled the
j defendant’s demurrer to the applica
tion, on the ground that he had no
power or authority to hear and decide
it under the law, at chambers. A
judge of the Superior Court can
not exercise any power out <?f term
time, except the authority is express
ly granted, Code 249. It is assumed in
the bill of exceptions, and was urged
on the argument that the order of the
judge, as it appears in the record
granting the mandamus nisi, was an in
junction, and, therefore, could be
brought to this court on a writ of error
as an injunction granted in au equity
cause, under the provisions of the act
of 1870. The reply is that the applica
tion for the writ of mandamus was a
common law proceeding, and no in
junction was prayed for, and no injunc
tion was granted by the judge. The
prayer of the petitioner was, that the
sheriff might desist and forbear to sell
the property levied on until the further
order of the court. The legal effect of
the prayer of the petitioner was for a su
persedeas until the mandamus nisi could
be heard and determined, and such is
the legal effect of the order of the judge.
The order of the Judge merely sus
pends the sale, and is nothing more
than a supersedeas of the sale of the
property by the Sheriff until the man
damus nisi granted by him could be
heard and decided by the Superior
Court, as provided by law. The Judge
had the power aud authority under the
law to grant the supersedeas as he did,
if, in his judgment, the ends of justice
required it. Code 247. This being a
proceeding on the common law side of
the court, and no judgment having
been rendered in the case by the court
below, which this court can review, the
writ of error is dismissed as having
been prematurely brought to this
caurt.
Hawkins & Hawkins, for plaintiff in
error.
S. C. Elam; Fort & McCleskey, by B.
P. Hollis, for defendant.
PERSONAL.
We are to have star-spangled stock
ings for centennial times.
The good little bootblack’s epitaph—
Gone to shine among Ihe angels.
A man in lowa, by dying, made four
widows. He is probably uncomfortable
enough now, but in life he was tolera
bly quartered. *
Poor Elizabeth is doing penance for
the past. She is liviug with Mother-in
law Morse. Bets on the reunion are
three to one again.
Ah King goes to jail in Troy for
bigamy. Had A. K. taken the precau
tion of going to Congress first there
wouldn’t have been trouble.
Justice never sleeps in Wisconsin. A
man who whipped a woman last July,
and a justice of the peace who keeps
an unmuzzled dog, have just been ar
rested in Milwaukee.
They met; that is, she went to the store
tllf he vanished behih'fi
she pleasantly said she would call again.
— lndependent.
“It is almost time,’ says the Brook
lyn Argus, “that the charitable were
making their preparations to look af
ter the orphan. In this city no injunc
tion to look after the widow is neces
sary.”
Captain Eads’ wonderful jetties did
not suffer from the great storm in the
gulf. And jetty is not happy. He
thinks he needs another Government
subsidy.
Mr. Wendell Phillips has been pre
sented by the Irishmen of Boston with
the new editioh of the Epcyclopsedia
Brittanica to express their admiration
of his oration on Daniel O’Connell.
“Ef county fairs is goiu’ to do agri
cultur’ enny good,” says a Long Island
farmer, “keep out the wimmin. Them
air pull-backs gets a man’s eyes so that
he can’t see nothin’ else.”
Two Fergus Falls (Minn.) men, driv
ing behind a team of mules, discovered
a glitter on the hoof of one of them,
examined it and found a gold ring,
which the mule had stepped on aud
secured with the cork of his shoe.—
[Romance set afloat by a designing
Coroner.
The Philadelphia Inquirer remarks,
in commenting upon Miss Louise Hio
bert’s performance in support of Barry
Sullivan’s “Richelieu:” “When she
Hung back into the Cardinal’s teeth the
word ‘Yielded!’ we fancied she had for
gotten its meaning, and slipped into
‘Peaches and cream, thank you?’ ”
Dr. Hatchard, of Milwaukee, aged
sixty years, son of au Episcopal cler
gyman aud brother of a British naval
commander, has disappeared from that
city, leaving a wife aud live children.
The companion of his flight is said to
be one of his female patients. Ah! these
old men—these old men!
Mr. B. —“ Good morning, sir; I come
to tune your piano.” Deaf old gent on
the porch—“ Eh ? didn’t understand
what you said.” “ I come to tune your
piano.” “ You will have to speak loud
er ; I can’t hear what you say.” “I
come to tune your piano.” “Oh ! yon
come from Louisiana, did you? Well,
that’s good ; sit down and tell us all
about it.”
These gray headed old girls who go
about the country complaining that
their raven locks turned white in a sin
gle night may now seal up their
mouths. The British Royal Society
has made researches extending over a
period of twelve hundred years, and
failed to discover a single case of sud
den change in the color of human
hair.
The story comes from Cleveland that
a woman went down there lately know
ing just what she wanted, went into a
store and called for the article, not ask
ing to be shown anything else, and then
paid for it and went home without
waste of time. Cable the news to Eu
rope.—[St. Louis Republican.
The Chicago man who thinks he is
opening a can of preserved tomatoes,
and suddenly goes out of this world
with the splinters of a nitro-glycerine
can sticking in his person, is naturally
cautious even after death. Hence there
is reasonable foundation for the belief
that when his spirit reaches|the “pearly
portals” it stoops down and peeps
through the keyhole before knocking.
At the banquet of the veterans of
the Mexican war, in San Franoisco, one
of the speakers said that General Tay
lor did not say “A little more grape,
Captain Bragg,” but, “Captain Bragg,
it is better to lose a battery than a bat
tle.” This was in reply when General
Bragg dashed hurriedly up, saluted
the General, and reported : “General,
I shall have to fall back with my bat
tery or lose it.”
To Advertisers and Subscribers.
On AND after this date (April 21, 1875,) all
editions of the Constitutionalist will be sent
free of postage.
Advertisements must be paid for when han
ded in, unless otherwise stipulated.
Announcing or suggesting Candidates for
omce, 20 cents per line each insertion.
Money may be remitted at our risk by Express
or Postal Order.
Correspondence invited from all sources,
and valuable special news paid for if used.
Rejected Communications will not be re
turned, and no notice taken of anonymous
letters, or articles written on both sides.
GEORGIA GENERAL NEWS.
Athens Georgian: It is rumored that
Prof. Leconte, who was formerly con
nected with the University, has bem
invited to take Prof. Broun’s chair.
Duprez’s & Benedict’s minstrels will
be in Atlanta on the Gtli and 7th of Oc
tober. We are “dying” to see some
good show which will raise a laugh.
A runaway horse in Atlanta the other
day was witnessed by 27 candidates for
Governor, 18 candidates for Senator,
29 candidates for the Legislature, 420
candidates for Sheriff, and one man
who was not an aspirant for any office.
He didn’t live there.
No. 237. Covington StaY: A writer in
the Griffin News, who has an exceed
ingly level head, wants Hon. John J.
Floyd, of this city, for our next Gover
nor. That is right. Judge Floyd ought
to be elected to that position by accla
mation.
Mr. Joel Ellington has 80 acres in
corn—3o acres of which is good bottom
land. He thinks he will have at least
100 barrels of corn to sell. He will also
make 20 bales of cotton, and plenty of
meat to serve him. That is the way to
conduct a farm. It must bo made self
sustaining, or it will not pay under the
present labor system.— Covington Star.
Rome Commercial: From Mr. Will
Smith, clerk anil mate of the Mary
Carter, we learn tli#? following particu
lars of her sinking, last Sunday morn
ing, at 9 o’clock. She sank in Coosa
wattee river, about fifteen miles above
Resaca. A tree that had been lying in
the channel, in a sort of diagonal direc
tion, was recently washed up nearer
the surface. The Mary Carter, coming
down, last Sunday ran against this
tree, the but end of which struck the
boat a little aft of her bow. A hole
about five feet long and one foot wide
was ripped in her bottom. She sank
very rapidly, going down in three or
four minutes. She now lies with six
inches of water upon the middle part
of her lower deck. Messrs. Will
Smith, Webb Patillo and others left
last evening about dark in a wagon
with the necessary means for raising
the sunken boat. They traveled all of
last night, and will commence the
work of raising the wrecked craft somo
time to- day. It will require about
four or live days to raise and repair
her, which will cost some three or five
hundred dollars. Gen. Tilton, we
think, was the only passenger on board
at the time of the disaster, and the
only freight she Was carrying was
some fifteen or twenty bushels of
wheat, none of which was* lost.
Milledgeville Recorder: About 3
o'clock last night the alarm of fire
aroused our citizens, and the fire fiend,
the great enemy of Milledgeville, was
discovered at his destructive work on
the corner of Wilkinson and Hancock
streets. The fire originated in the
store of Judge N. B. Brooks, and is
though to be the work of an incendia
ry, as Mr. B. is a very careful man,
even using candles instead of kerosene
for lights. Last night he left his store
at 9 o’clock, after carefully extinguish
ing the lights, and being certain that
he Lad left no fire. He had no insur
ance, and his loss in the buildiug and
stock amounts to at least $6,000. Thus,
in one night, this worthy man lost tho
HS™ l; V r iW n Jjonegt lab^r.
community. Mr. Joel’s handsome res
idence adjoining could not be saved by
the exertions of the fire company and
citizens. Most of his furniture was
saved in a damaged condition. He had
insurance for SBOO. The work shop of
Cox & Collins was a small wooden
building of little value. One hundred
dollars will cover their loss. Mr, J. H.
Stembridge, Tax Collector, had his
office in the store of Brooks & Ellison,
but he had only just begun the collec
tion of taxes, and fortunately eseaped
with the loss of only a few papers of
little value.
Letter from Senator Gordon.
Atlanta, Ga., Sept. 19, 1875.
To the Editor of the Herald :
An editorial in your issue of the 9th
inst. does me au iujustice, which is a
matter of small consequence ; but it
also misrepresents the Democrats of
Mississippi, which is a matter of grave
consequence. The misapprehension
into which you have fallen may mis
lead many of the Northern people as
to the nature of the contest in Missis
sippi. Will you, therefore, permit me,
through your columns, to make a cor
rection, which would have been made
earlier but for my absence?
In alluding to a speech made by
myseif at Holly Springs, Miss., you
represent me as calling upon the ne
groes to join the whites in driving out
the carpet-baggers, aud you then state
that the term carpet-bagger includes
all Northern men. It is not true that I
asked the negroes or whites at Holly
Springs or elsewhere to unite in driv
ing out Northern men. I hope it is not
necessary for me to say that my whole
oourse since the war, in public and
private, is in direct conflict with such an
assumption. Nor is it true that the term
carpet-bagger includes all Northern men
who have found homes at the South. Its
signification is as well defined as that
of black man or white man; and it
means in Mississippi just what it means
all over the South. It embraces that
class of political adventurers who
came to the South immediately after
the war and by dishonest means ob
tained possession of our State govern
ments, and have administered them
for the most corrupt, selfish and sordid
ends, and who have done more to de
stroy us, to alienate the races and keep
alive sectional animosity than the war
and all things else combined. I did
call upon the negroes and whites, Dem
ocrats and honest Republicans of Mis
sissippi, to unite at the polls to
drive from power this class of
men, who have cursed that State
with what I sincerely believe to be
the worst government that exists upon
earth. It is to be regretted that a pa
per so influential aud usually so im
partial should have led any one at the
North to suppose that the Democrats
or Mississippi, in seeking to unite all
classes in the effort to rescue the State
from the control of these bad men, are
making war upon all Northern citizens
in the State. Nothing is more untrue,
and therefore nothing is more unjust.
I am, very respectfully,
J. B. Gordon.
[The telegraph reported Senator
Gordon as having uttered what seemed
to us hasty words, and it was on that
report we commented. Of course we
had no desire to do injustice to Senator
Gordon.]
Carl Schurz is not a vain man, but
when he stretches out to take his com
fort in a cozy arm-chair, crosses his
feet, stuffs his hands deep into his
trewser’s pockets and glances along
his well extended anatomy, he can’t
help sometimes exclaiming; “ Oh, what
legs 1”