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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”