Weekly Georgia telegraph. (Macon [Ga.]) 1858-1869, July 09, 1869, Image 3
m The Greorsia "Weekly Telesrai^h. s ■ f **;«* riimrniin lMI | rUE TELEGRAPH. w . h „.'Zg^e” *■ —■ 1 — ' last week in regard to the gel ^^^FBIDAY,.jpLYO, 1869. 1 crops. ' gree. Crops in Georgia. in our statement' of regard to the general condition of It is encouraging in a remarkable de- The weather, during the past week, has Decisions of the Supreme Conrt f of _ Georgia. --> — DELIVERED AT ATLANTA, TUESDAY, JUNE 2?. [fjyti the Atlanta Constitution.' S. T. Crawford vs. E. H. and E. Boss. Mo- Expelled Negro ,^ en intenselv hot and what is somewhat tmu- Ron to dissolveTnjunction-froni Lee. ?*r ,S,C * Members. ______ ' * tion of nial , fo McCay, J. The revocation of an order a; nblish a letter from Hon. A H. Stephens ! sual for this se ^ tioa °f oonntr { the ni 8 hts have ^ ^Chronicle and Sentinel upon the rela- % the Legislature to the expelled negro p* 5 u ‘ ~~ w e have the highest respect' for the but we can never ; , ,„f Mr. Stephens. • 3e that the Constitution of Georgia, dr i 05 '* 0 . balanced government, contem- ',.v e r well balanced government, ^ «nr such deadlock between its depart- kz; the vital and fundamental rights of as ho depictsinthis letter. The mem- the Legislature * are sworn to maintain l * r V > tistitntien,and the judiciary are its author- interpreters. Their decisions must bind ^j/aod all tho functionaries of a State, ^•^Lmrity, collison and disorder must result. thinks the decision of the Su- **S£*o* case just and right He F vts it affirms the plain rights of the oolored A® r ler the constitution, and yet he also thinks ^ftneral Assembly may lawfully exclude if . t ]j a t body to the end of time. Con- ^ftbistobe law,let ns then fall back on equi- The Democrats of Georgia know how they ^13 think and feel were the cases reversed. f r ,rtv of obstreperous niggers had got into j msiature and ousted the whitesunder plea m the reconstruction acts required the applica- ““ „ f t h e test oath, as Oanby says theydo, and refused to give them place although the £rts had affirmed their eligibility. We know, n<Aiil/i novta hhon mrr Ilf. ^toleration for the pleas now advanced. The ^ policy is to yield to the Constitutional in- ^Ktion of the law—to reseat the negroes, teT dth«u to make sure that none go there again there would have been very lit- Ontrngeons Profits. fts annual report of the Augusta Cotton , lorT y copied into our columns two or ,-c days ago, showed the following figures as ^- result of the year’s operation: Total eam- . ^169,703- 75—total expenses $49,040.37— ^profits on the year’s operations $120,717.58, working capital of six hundred thousand Those are salty profits to be made at a when many of the Northern factories are •,.v, half work, complaining bitterly of their - ^fortunes and crying outfor more protection. Don't the Augusta factory want more protec- been sultry. Everyday we have had : indica- tions of copious showers at different points of the. compass, and within a radius of from five to .twenty miles around Macon. .In town, not more than two or three, very light showers have fallen. Here and there small regions of coun try have got ho rain at all, and com in those lo calities is suffering from drought. Some regions are also suffering from too much rain. The showers of mid-stunmer seem to love to .follow the water courses and low lands, and to shun the hills. On the whole, however, the rain has been more abundant than common at this sea son of the year. Last year at this date the com plaint of drought was very general, and com was in a critical condition, from which, in fact, a large part of it was never extricated. Reports of worms in the cotton crop come from some regions of Alabama and Florida, but tLey are not extensive or reliable, in our opin ion. So far, prospects are all fair. Nothing has yet happened to prevent by far the best crop in Georgia.which has been grown since the war. Our planters enter the month of July in the best humor. The hot weather has tested the patience and fidelity of the field hands pretty severely, but we have got to'hear complaints that any part of the crop has been abandoned. The grass, too, has taxed the energies of,the hands, bat they seem to have been up to the mark. The health of our whole cottou region still remains comparatively good. The whole State is profoundly quiet. Politics are ignored, and everybody, black and white, is intent on mak ing the heaviest drafts possible from the fruit ful bosom of Mother Earth. The people are so peacable—so industrious—that political slan ders have been stopped for want of any mate rial that can possibly be tortured. into “out rages.” The Atlanta slander mill, like many an old country mill in mid summer, is without any propulsive power whatever. pointing a Receiver, is a matter which may heard and acted upon by the Judge, on the usual notice in vacation, o.: 5-t : ? 2. The extraordinary writs and remedies granted by the Chancellor, before a trial, on the merits, ought not to be granted without caution, and unless there is immediate danger to the rights of the complainant, if they be denied, and if the Court becomes satisfied that the danger does not exist, it is his duty, on proper notice, to discharge them. 3. Lx this case, the Court did not err in dis solving the injunction, and vacating the order appointing a Beceiver. 4. It is the duty of the Judge, if he is satisfied there is a Iona fide intent to except to his judg ment, so to mould his order as that the except ing party party may have a reasonable time to file his bill of exceptions, and obtain a superce- dcas before the status of the case can be mate rially changed. Judgment reversed. _ ■ < : — : 5. H. Hawkins, for plaintiff in error* TV. A. Hawkins, G. M. Warwick, for defend ant in error. H. J. Cook, vs. Frank P. Smith, and D. D. Smith. Motion to dissolve injunction from Baker. McCay, J.—When a bill was filed against Frank P. Smith, and D. D. Smith, by a creditor of the former, charging a combination between the defendants to defraud the creditors of Frank P. and D. D. Smith alone answered the bill, and moved to dissolve the injunction as to him self. Held: That it was error in the Court to hear the motion, until the other defendant who was in fact the principal defendant, had answered. Strozier and Smith, by R. Lyon, for plaintiff in error. Vason and Davis and J. J. Hall, for defen- dant in error. _ Srns Willing to Sell Out.—Spain is said (0 U getting tired of the Cuban war, and in proof of it tli® Impartial, one of the leading Spanish journals, makes' a strange statement Ii ars that agents of the government have beensent about to the newspaper offices to paper with the press, with a view to obtaining is jdvocacy for the sale of Cuba to the United Sites. The Spanish cause in Cuba is by no nexus hopeless, but the cost of carrying on the present desultory war at such a distance is too tadensome to be longer endured. The Span ish Government think they may as well have a good round sum for their fine possession, and they have, according to the indignant Impartial, invited the press to get up an agitation on the subject. ... From Dougherty County. The Albany News, of Friday, says: Fine seasons continue in this section, and crops are doing well. Many planters report their com beyond a casualty, and as good as ever grew. Cotton is all that the most greedy could desire, but its trying ordeals are to come jet A wet summer, tho worm or the cater pillar may prove disastrous to the present splendid prospect. JSHHS The heat has been so intense here for ten jays past that thermometers fail to indicate tho degree—the mercury pushes the top off and rises above the figures. The health of the city, uvertheles8, is all right—never better; and fton the plantations we hear gratifying ac- eomu-no sickness. The Dougherty Superior Court will hold an tijoumed term on the 4th Monday in Novem- her next.. Seo order of Judge Clarke, in an other column. .: Chinese Laborers. There are reports which come in a rather strange way and need confirmation, says the St. Louis Republican, that a number of thousands of Chinamen,lately employed on the Pacific rail road,are on their way from Omaha to the South. Such an immigration, if true, would occasion not a little surprise in the public mind, having an important bearing upon the material and po litical interest of the Southern States. It would be an evidence, too, of the shrewdness of John Chinaman, and show that he keeps himself thoroughly versed on what is going on around him—more especially where his pocket is con cerned. The idea has found lodgment in his brain that the South needs labor, and just that sort of labor that the Chinese can furnish cheaper if not better than any other people on earth. For a Chinaman has infinitely more in dustry and intelligence than a negro, and can get rich on what a negro will waste. He is the man above all others to work the cotton and su gar plantations of the Gulf States, and to re construct on a solid and permanent basis, the labor system of that section. If an instalment of Chinese should succeed in gaining a foothold there others will follow, until tens of thousands of Celestials will contribute to the wealth and prosperity of the country. It is the first time in the history of the world that Asia and Africa are brought face to face in social and economi cal antagonism; and the l'esnlt will be watched with the deepest interest by those who appre ciate the gravity of the. interests involved. fix con and Augusta Railboad.—Mr. George H. Hariehuist, one of the parties in whose hinds the building of this railroad had been pliced,informs the Augusta Chronicle and Senti nel that work will be commenced on it within t week's time. A large force of laborers has been secured and will be put to work at once on the whole of the unfinished portion of tho railroad, which lies between Macon and Mil- ledgeville. The work will be pushed forward as rapidly os possible in order to secure a por tion of the Jones county cotton crop. Dr.. Bayne, the Norfolk negro, who persists in running for Congress, bna been mobbed on sight every time he has attempted to speak, by men of his own race, who have been paid by the Wells party to run him out of the district, because his color is too strong for the midsum mer canvass. No antidote, seems, however, to have been found for this Bayne, because he is likely to be elected, and to be one of the two black men whom carpet-baggery will send to Congress from the Old Dominion. Albert G. MacK.it, Collector of Customs for lie portof Charleston,-S. 0., has been removed. The principal chargo -against Mackay is that he pat Conservatives in office under him, and re fused to recognize the friends of the Adminis- fcxtion. Mr. Clarke, MacKay’s successor, is a Northern man. Gen. Canby should have Mac- X»y tried by a military commission. A New Radical Pates nr Auousta.—On dit, ill John E. Bryant, the newly appointed Post er, will soon commence the publication of iRidical paper in Augusta. Hi Stephens publishes in the Chronicle and k-tiael a rejoinder to Judge Nicholas’ response i Mr. Stephens’ letter, which we printed **b*go. As we did not publish Judge Nicho- *• wswer to Mr. Stephens’ letter, we omit the blinder. The cotton mills at Oldham, England, were open on Monday, the 14th, with the view ■ giving the hands an opportunity of returning "'heiremployment at the reduction of five per Rct - There was a very general return to work '-'everything was quiet. Bass.—We are indebted to our friend ' A Hoff Esq., for a bunch- of BlackBass. •H of his own catch, from the waters of ^Eiie. Wo should like to take a fish with 5 s May, fanned by the cool breezes of the -i instead of sweltering over work in Macon, ^ *be merenry above ninety. O. P. Foster, administrator, plaintiff in error, vs. Henry K. Daniel, defendant in error. Mo tion to set aside judgment from Sumter. Warner, J.—When a trial was had in the County Court of Sumter county, and a verdict rendered for the plaintiff on the 20th day of July, 18G8, and a judgment was entered thereon on the 22d July, 18G9, and a motion havinr been made in the Court below to set aside sail verdict and judgment, on the ground, that on the days the verdict and judgment purports to have been rendered, the County Court was abol ished by the Constitution of 1868, which motion was allowed by the Court, setting aside both the verdict and judgment. Held, that under the Reconstruction Acts of Congress, the State of Georgia had fully complied with the terms thereof; ratified the fourteenth amendment of the Constitution of the United States, and as sented to tho fundamental condition imposed on her by the Act of Congress, passed on the 25th June, 1868; and, therefore the Constitution of the State of Georgia, as amended by Congress, took effect, and was practically in operation from the 21st day of July, 1868. Held, also, that all unfinished business in the County Court, at the time of the abolishment thereof by the constitution, was transferred to the Snperier Court by the 7th section of the 11th article of tho State Constitution, and that it was the duty of the Superior Court to have ordered a_ judg ment to have been entered on the verdict ren dered in the County Court, on the 20th July, unless some good and sufficient cause was shown, other than the abolishment of the Connty Conrt on the 21st day of July, 18G8. Judgment re- vggsocL C. T. Good by S. H. Hawkins, for plaintiff in error. W. A. Hawkins, N. A. Smith, for defendant jpor. * Caterpillar in Florida. There is another heavy alarm from East Flori da on the subject of the Cotton Caterpillar. The following letter is published in the Journal of Commerce of last Tuesday; Flop.ida. Lat. 30, Juno 22, 1869. Thus far the weather has been very season able, and the crops present a very cheerful ap pearance. Should the caterpillar not make us a visit, the yield of cotton will be good. _ This, oppressed financially as we are, is truly desirable. Individually, and as a State, we cannot, for the want of money, accomplish anything. I work ten hands and run four ploughs: have planted com, tobacco and cotton; and yet on account of the devastation of the caterpillar last year, I am too poor to buy a pair of shoes, though no poor fellow ever needed them more than L ... The free negro is retrograding. His white Northern friends have taught him how to aban don the white man of the South. This done, the poor negro relapses into feticism, and burns, at night, snakes and toads in honor of Obi- . . : , I much lament the discontinuance of a scixooi for colored children, and which for some two years was in successful operation here. This was started and maintained by the “Freed- men’s Commission of the Protestant Episcopal Church.” it numbered one hundred and twenty pupils. Their progress, as well as the unusual discipline of the school, make its withdrawal a serious loss to onr community. One Day Latee.—The fate of our cotton is fixed. The caterpillar has made its appearance. We must quit cotton, and substitute for it some other staple. We are too poor to cultivate the sn'var cine. The machinery to treat it efficient ly and profitably, prostrated as we are, is too expensive for ns. True, we may make the be- ginning, and gradually work ourselves, through rigid economy, up to better capacities for the sugar business. Cur climate is fine. There is none better. Temperance and prudence will, in a majority of cases, secure residents against the attack of fever. Some of our_ soil may be poor, yet there is much of it that is good. AV e grow com and rye, and all the cereals may be produced here. Though cast down, we are not dismayed, but are severally hopeful of the future. We see nothing in the Florida papers to bear ont these representations, and hope the alarm is as groundless as a similar one proved to be ear ly in the spring. Nevertheless, it is true. Flor ida has an ugly trick of having the cotton cater pillar sometimes for periods of successive years. Thus, she had them in 1840, 1841 and 1842, un til, at last, the people began to think, as this writer says, that they “mnSt quit cotton.” We believe, however, the alarm in this case is alto gether premature. There are no reliable indi cia of worms in the cotton crop any where that we can hear of.. ■ .^French steamers are rivalling the best of rebuild for swiftness. The steamer Pereire Affairs in Cobb County. Mahietta, July 1st, 1869, Editors Telegraph—I have been here a day or two, comfortably lodged at the “Kennesaw House." The nights are delightfully pleasant, and you sleep soundly, and awake in the morn ing invigorated and refreshed. I regret to see so little sign of improvement in this once beautiful city. On almost every street, you will still see evidences of the ruin and devastation of a cer- tain General’s march. The Hotel at which am stopping is a new building with some forty or fifty rooms—accommodations good and board comparatively cheap. The Wheat crop of this section is the best ^jost made the trip from Brest to New York \ they have ever grown. Com is pow looking d a y g _ I we ii and with good seasons the yield will be fine, ^Weida, it is asserted, contains over seven There is some cotton growing, and is said to be ^ -ion iicrcf./>/ land lying along the coast from doing well. From all parts of this up country. River to Cape Sable, admirably adapted : the reports from the crops are most flattering. >*6 cultivation .of coffee. q - * •> t • • — V; j - ^ Benj. Green and Phillip West, plaintiffs in error, vs. Benj. F. Cock and John Thompson, administrators. Motion for new trial from Lee. ’ ., Warner, J.—This Conrt will not control the discretion of the Court below in refusing to grant a new trial in a case where no rule of law has been violated, and where it appears, from the evidence in the record, that substantial jus tice has been done between the parties. Judg ment affirmed. McCay, J., did not preside in this case. Fred.'H. West, by the Reporter, for plaintiff in error. “ - W. A. Hawkins, R. Lyon, for defendant in Mo- Alalcom, et. a!., defendandants in error! tion for new trial, from Sumter. Warner, J.—Where, upon the trial of an ac tion of ejectment for the recovery of a lot of land, and the mesne profits thereof, the tenant offered to prove the increased value of the lot of land, in consequence of the improvements made thereon by the tenant, as a set off to the mesne profits claimed by the plaintiff; but the Court refused to allow the tenant to prove the increased value of the premises, resulting from the improvements made thereon by the tenant, and restricted him to the actual value of the im provements put on the land by_ him. Held: That a fair construction of sections 2455 and 3416 of the Code, allows the tenant to prove the increased value of the premises resulting from the improvements made thereon by tenant and to set-off the value thereof in an action for mesne profits within the limitation imposed by section 341G. The Justice’s Court fi. fa, had an entry on it. “To any lawful officer to execute and return,” signed by a Justice of the Peace, but the county of which he was Justice does not appear, but the entry was made on the 28th of October, 1831, and the levy on the land was made 29th October, 1831, by a constable of Lee county. The legal presumption was, that the fi. fa. had been baoked bya Justice of the Peace of Lee connty, where the levy was made. Judgment reversed. Brown, C. J.—Concurred as follows: I agree with the Judge delivering the opinion, in the judgment of reversal for the reason given by him. I am also of opinion that the Judge of the Superior Court should have ruled out the Jus tice’s Court fi. fa. on the trial, on the ground that it issued from a Justice’s Court of Morgan county, and was levied upon land in Lee county, when it had not been backed by a Justice of the Peace of said county, so as to authorize a constable of that county to make the levy. While I would make every reasonable pre sumption in favor of a sale under an old Jus tice’s Court fi. fa., I do not think we are justi fied in presuming that a Justice of the Peace, who backed the fi. fa. without specifying for what county he acted, belonged to, or was a Jus tice for any particular county. McCay, J., did not preside in this case. issue thus presented to be submitted to a jury, and to order the Sheriff to proceed to dispossess the tenant. -' •+—^— — Judgment reversed. ■iwryt/t'i 5 Hawkins & Burke, for plaintiffs in error. N. A. Smith, for defendant in error. S. H. Mitchell vs. Moses Spear, treasurer.— Mandamus, from Sumter. McCay, J.—Sections 548 and 550 of the Re vised Code contemplate that, in assessing the county taxes, there shall be a specific assess ment for each of the objects mentioned, and that the fund for each shall be kept separate by the treasurer. 2. The Act of 7th of October, 1868, directing orders to be paid by the county treasurer, ac cording to their date, is imperative, but that Act does not require that an order shall be paid out of a fund not set apart for the, payment of debts of that kind. 3. Where there is no direction in a county order, as to the fund ont of which it shall be paid, and the treasurer answers that there are older orders on his book, of the same kind, more than suffices to exhaust the money in hand, not specifically assessed for special pur poses, such mandamus will not be made abso- iute. : Judgment affirmed. Hawkins & Burke, for plaintiff in error. S. H. Hawkins, for defendant in error. Eugenia Clark, et. al., vs. Jeremiah BelL— Motion to dissolve injunction and demurrer, from Dougherty. McCay, J.—Whilst it is the settled rule that bills in equity must be brought in a county where one of the defendants, against whom sub stantial relief is prayed, resides, this rule does not apply to bills for injunction, etc., ancillary to suits at law. In such cases the court of equi ty, of the country, where the suit is pending, has jurisdiction to enjoin the suit at law, and also to grant relief, as to all matters involved in a proper settlement of the litigation pending at law. 2. When B., C. and D. were sued, at law, by A., who resided in a different county from that in which the suit was brought, and the defend ants at law filed a bill, charging that the suit at law was for the recovery of the purchase money of a tract of land lying in the same county, which land had been sold to defendants at law and complainants in the bill by A- ; and the bill far ther charged that at the time of the sale, the land was not, in truth, the property of A., but had, before that time, become in equity, the property of E., the deceased son of A., and the husband of B., under a parol agreement, which was partly performed, which equitable title had been fraudulently concealed from the wife by A., at and before the sale of the land to her and the other complainants. And the bill farther charged that the land had been paid for under the parol agreement by E., with certain cotton made on the place, which went into A.’s hands, and by certain trust funds in his, A.’s, hands be longing to E. Held, that the Superior Court of the county, where the suit was pending, had jurisdiction.. 1st. To enjoin the suit at law. 2d. To cancel the notes and deed made at the second sale, 3d. To decree a specific performance of the pa rol agreement, and a full settlement between the parties as to all matters connected with the land and the cotton made thereon. Held, further, That while said Court had no jurisdiction to decree an account between A. and the heirs of D. as to trusts not connected with the land, yet it might inquire how far the trust funds had been used in the performance of the parol agreement, and if the case made re quired it so, apply them to the extent shown" by the proof, leaving a full and final account as to said trusts to the Court having jurisdiction of the defendant’s person. 3. 'Where A. sells a tract of land toB., O. and D., taking their notes find a mortgage on the premises for the purchase money, and the ven ders afterwards sell to F., also taking notes and a mortgage, which notes and mortgage they in A *o no orilluforol oonmnir fnr Nicholas Wylie, plaintiff in error, vs. Nanay Whitely and A. B. Raiford, sheriff, defendants in error. Rule against the Sheriff, from Smnter. Brown, O. J.—Where A oommenoed his pro* ceeding against B, under section 4000 of the Code as an'intruder, and B filed a . counter affi davit, which was aooejjted by the Sheriff, and returned to the Superior Court, and an issue made up; and A afterward sold the land in dis pute to C, who filed a bill against B, which B answered, and set up equities which entitled B, to a hearing, and O then, moved to dismiss his bill, which was refused .by the Court, whioh judgment was not excepted to. Held: that equity having obtained jurisdiction and control of the case, will hold it for adjudication. 2. After a Court of Equity has taken the control of the oase, the Court of Common Law will not entertain a rule against the Sheriff to compel him to place A or his vendee, O, in possession of the premises in dispute, on account of a de fect in the original, counter affidavit filed by B. Judgment,affirmed! . - McCay, J., did not preside in this case. _ • Geo. W. Warwick, Vason & Davis, for plain tiff in error.- W. A. Hawkins, S. H. Hawkins, for defen dant in error. . Nathan Emanuel, plaintiff in error, vs. Smith & Richmond, defendants in error. Certiorari and motion to set aside judgment, from Sumter. Brown, C.‘ J.—When a case of garnishment is called in its order on the docket, at the second term of the Court, after the service of the sum mons of garnishment, and after final judgment against the defendant, and the garnishee has failed to answer, and the Court allows judgment to be entered against the garnishee, this Conrt will not control the discretion of the. Court be low, unless in extraordinary cases, in ^refusing to set aside euch judgment, after it is signed, to allow the garnishee to aflswer. " * 2. It is the duty of the Court, if final judg ment has not been.rendered against the defend- and, at common law, or in attaclmieht, to con tinue the case against the garnishee till after the rendition of such jungment. Judgment reversed. Hawkins & Burke, N. A. Snith for plaintiff in error. Goode & Carter, S. H. Hawkins, for defend- antin error. The legal status of the expelled MEMBERS OF THE LEGISLATURE From Slew York. New Youk, June 29.—During the past two days late borrowers, in order »to make their ac counts at bank, have been forced to pay as high as half of one percent, interest for the use of funds overnight. Yesterday the demand con tinued until after 4 o’clock, some of the banks having to remain open to accommodate custom- ersjwho were tardy in making up-their balances; the interest Daid for one day was at the rate of Romulus Wardlaw vs. Elizabeth Wardlaw, Alimony, from Sumter. McCay, J.—1. Where there was a motion for alimony pending a bill for divorce, and the de fendant in the motion moved to continue, show ing that a material witness was absent without hi3 consent, who lived in the county and had been subpoenaed, etc., it was error in the Court to refuse the motion, ou the ground that the granting of alimony was wholly in the discre tion of the Court, and there was no necessity for the presence of all tho witnesses. . ; 2. The Judge of the Superior Court' should nse great caution in granting alimony, so as not to encourage applications for divorce on light grounds. ... -■ ^ ; ■ i Judgment reversed. Hawkins & Burke, 5. H. Hawkins, for plain tiff in error. .I.mnv i* • J. A. Ansley, 0. T. Goode, by N. A. Smith, for defendant in error. their own debt for the land to him, with power to A. to collect, and settle with F., and A. takes the land from F., who is insolvent, and gives up the notes and mortgage made by F at a price less than the amount of the notes, and this with out the consent of the original vendees from him: Held: That A. can take no benefit to himself from this arrangement with F., and he is bound to credit his jvendee3 with the true val ue of the land, or return it to them. 4. When the Court below sustains an objec tion to a bill, for want of proper parties, which does not appear to have been adjudicated by the Court below, will not be decided by this Court, the presumption being, that the Conrt below, if proper parties were made, would have permitted an amendment. 2. When, as in this case, the injunction to stay proceeding at law, is the principal object of the bill, and a temporaiyinjunction has been granted, the Court ought not to dissolve the in junction, and permit the case at law to proceed, unless it clearly appear, from the evidence be fore it, that there is no case, proper, to be sub mitted to a jury for decree. Vason & Davis, Hawkins & Burke, Wright & Warren, for plaintiffs in error. Tho] 11* iJUst iele and Albany Railed ad.—The ^wwville Enterprise of Wednesday says: ‘■r r iv!i first J; Tain ' oa .d of iron for the above road *x. - ThoEiasville from Savannah on Sator- evemno i. a_. Storms—Stobms.—The papers are full of storm chronicles. They have had fearful storms in North Carolina. Terrific storms throughout the West. A hurricane well nigh tore Johnson- and Dw work of track-laying ville, Tennessee, to pieces on the 1st instant torn- eDCedne ar the Thomasvlle depot .re violent Let ns have peace. bridg' Ve e . x P ect to vi8it Ockloc Roe, casual ejector, andB. D. Parker, plain tiff in error, vs. Doe, ex. detn. Jack Brown, et. al., defendants in error. Ejectment from Sum- Warner, J.—Where the lessors of the plaint iff; in an action of ejectment, instituted a suit for the recovery of a lot of laud, Np. 127, in the 27th district of Sumter county, and, upon the trial thereof, the jury found a verdict for the defendant; and the Court, upon motion, grant ed-a new trial, which is assigned as error. Held, that inasmuch as the evidence in the record introduced by the plaintiff in the Court below, in support of his title to the lot of land sued for, (to trif,) the copy grant from the State being for a different lot, (to wit,) 107, and there being no evidence of title shown in the lessors of the plaintiff which would entitle them to a verdict for the premises sued for, (to wit.,) lot number 127, the verdict was right under the evidence offered by the plaintiff, and the Court below erred in granting a new trial. Judgment reversed. McCay, J., did not preside in this cause. Hawkins <fe Burke for plaintiff in error. N. A. Smith, B. Hill, for defendant in error. Lucinda Taylor, plaintiff in error, vs. Mayor and Council of Americus, defendant in-error. Certiorari from Sumter. Warner, J.—Where a defendant had been sen tenced by the Mayor end Council of the City of Americus to pay ;a fine of twenty dollars and costs, and in default thereof, to be confined in the guard-house of said oity for twenty days, for disorderly conduct,;and a petition for certiorari was presented to jthe Judge of the Superior Court, alleging error in the proceedings of said error- defendant, to-wit: that.,'there was no evidence that the alleged disorderly conduct was commit ted within the corporate limits'of said city, _so_as to give to the said Mayor and City Council ju risdiction to try and punish the defendant there of the Judge refused the application for certior ari upon the statement of facts contained in the petition. Hdd, that the petition for certiorari made a prima facie case, which entitled her to have the alleged error reviewed and corrected, and that it was error in refusing the certiorari prayed for. Judgment reversed. N. A. Smith for plaintiff in error. Jack Brown by S. H. Hawkins for defendant the interest paid for one day 180 per cent, per annum. In regard to the Ocean Bank robbery several new items, whioh were apparently of little im portance, were made known; an old practical mechanic has examined the Mt of instruments left by the burglars, and says only one or two of them have been recently used. The stem of the auger found was only twenty- two inches in length, while theholes bored in the floor are twenty-four inches deep; the real mys tery in the whole affair is in the maimer in which the combination was opened, and it is suggested that the door may not have been locked at alL Several of the Cuban expeditionists have re turned to this city, reporting that they have been on a steam tug in Long Island Sound, expecting to be put oh the steamer Catherine Whiting, which was seized, have run short of provisions. Two of the tugs put into New London for food and water when some deserted and came back to this city; they state that two steam tug loads of expeditionists were put on a steamer on Sun day night and expected that they got off safely to sea. * It is stated that the Cuban expedition whioh sailed from Gardner’s Island, near New Lon don, late Monday night; was captured yesterday by gunboats. They are said to be en route for the Brooklyn Navy Yard, where they will arrive to-day. I The $60,000 worth of bonds stolen from the Ocean Bank were found this morning in a small, trunk on the sidewalk in Elizabeth street by a policeman. Edward B. Ketchum, the forger, was brought before Judge Bernard, of the 8upreme Court, on a writ of habeas corpus for the.release of the w w _ _ prisoner, and claims on the ground that he was place in A.’s hands as collateral security for sentenced for an offense not charged in the in dictment. From the remarks made by the Judge it is generally thought he will discharge Ketch um on bail. The case creates great interest. Daniel H. Baldwin, plaintiff in error, vs. Archibald Mc’Rea, defendant in error. Motion for a new trial from Sumter. Brown, C. J.—1. When a bill was filed for a new trial in an 1 action of ejectment, on the ground that the witness, by whom tho defend ant proved adverse possession for the legal pe riod, has since refreshed his recollection, and will now testify that he was mistaken as to the time when the possession commenced, and the bill was dismissed for want of equity, and that judgment was affirmed in this Court. A motion for a new trial made at a subsequent term of the Conrt, in the same case, on the same ground, will not be entertained by the Court. The question is res adjudicata. Judgment affirmed. S. H. Hawkins, for plaintiff in error. Jas. J. Scarborough by W. A. Kawkins, for defendant in error. Wm. A. Huff, plaintiff in error, vs. 0. A. Wright, defendant in error. Motion to set aside judgment, from Sumter. Brown C. J.—The second section of the 7th . article of the Constitution of this State, as well | FiGHnxa Candidates.—A Knoxville special to the Nashville Banner says:— At Clinton, to-day, Stokes challenged Senter to fight a duel. In his speech he said that he had a wife and children, but would insist on Sen- ter’s meeting bim after the election. Senter told him that he wished to settle the affair withoutdelay. ButStokes responded that there would be time enough after the election. That’s odd. If Stokes appeals to the “Code” he ought to be governed by it, and that gives the choice of time, place and weapons to the chal lenged party. Bio Fight in China.—The papers report that the great and decisive battle has been fought between the imperialists and the Mohammedan rebels; the latter defeated with a loss of 20,000 The Chinese have offered further insults to foreigners. The news from Japan is unfavorable; civil war continued and heavy fighting was antic ipated. . ^ . as the act of 1866, has changed the relation which married women bear to their husbands, so far as theirestates are concerned, and vests in them all property of which they may be pos sessed at the time of marriage, contracted since the adoption of the Constitution, and all prop erty given to, inherited, or acquired by them, since that date. 2. Under the Code, "fi married woman may, as to her separate estate, contract and be con tracted with—except as to contracts of surety ship, etc., and may, if she have no trustee, be sued separately as a feme sole. 3. The relation being ohanged as above stat ed, the presumption is, when a married woman gives her separate note in the purchase of property, that she has a separate estate, and that she contracts with reference to it. And, if suit is brought against her upon such note, without joining her husband, and she fails to defend by showing she has no separate estate, or other good cause, the judgment binds her separate property, and will not be set aside on motion, because of the non-joinder of her hus band. , Judgment reversed. C. T. Goode, S. H. Hawkins, for plaintiff in Distinguished Visitobs.— We are pleased to notice that onr city is honored this week by the Hon. Linton Stephens and wife, 1 of Sparta, the Hon. Wm. Reese, of Wilkes, and Father O’Hara, of Augusta. Judge Stephens visits old Greene for the_ pur pose of spending some time with his family at the Chalybeate Spring, on the farm of onr fel low-citizen, Mr. John E. Jackson, about nine miles from Greensboro. We learn that the Hon. Alexander H. Stephens is also expected in a few days at the same place. This valuable spring should be brought to the notice of the public, and accommodations mode for visitors. With proper management it may be made a source of wealth tome owner, and add much to the public interest of the county, by becoming a place of fashionable reBort. It will soon be that there will be no necessity for a Georgian going outside his native State to sup ply any of his wants. God speed the day. Since writing the above, Judge Stephens has S." C. Elam, for defendant in error. The auguries are violent ee rail- : 1 in error. *“j UBe on 018 R** 11 in te n days from this Chicago is sending out cards for a great mu- -u—•' _ 10 vi 8 it ,,, proi ? lse oar M'teheH county friends oinn1 fes « Tfl i to be held next year, which is to ; Roe, casual ejector, and Janies Thomas, ten- WS. ^ Camilla ’ “ <he eady 'Sto len with eLiois rage. I nut, plaintiffs in error, vs. Dee,;ex. dem., John F. P. Moody and E. A. Moody, plaintiffs in error, vs. A. G. Bonaldson, defendant in error. Proceeding to dispossess tenant, from Sumter. Brown, O. J.—1. Under section 4005 of the revised Code, the administrator of the deceased landlord may moke the affidavit and institnte the proceedings to dispossess a.tenant who holds over. 2. When the affidavit is made by the adminis trator, a counter affidavit filed by the tenant, that he does not hold the premises either by lease, rent, at will, by sufferance, or otherwise, from said Bonaldson (the administrator) or from any one under ic/uim he claims the premises, or from any one claiming the premises tinder him; is a sufficient compliance with the statute; and returned honfp, having been disappointed in se curing accommodations atthe : Spring for him self and family and his brother. We regret 4hat this is the case.—Greensboro Herald. Supreme Conrt ot Georgia—June Term, 1S69. Thubstay, July 1, 1869. The entire day was consumed in the argument of case No. 7, from the Middle Circuit—Green vs. Anderson—Messrs. J; J. Jones and Alpheus M. Rogers for plaintiff in error and Judge J. S. Hook for defendant. Affairs in Decatur, Coweta and Campbell. The Newnan Herald of Tuesday morning says; turn Boston quite green with envious rage. it was error in the Court to refuse to allow the other wheat. ■ Never was there better prospects for a good cotton crop, than at present. Com is looking as well, or better than we have seen it at this season. Cotton is looking fine—we visited CoL T. A. Swearingen's place the other day, and he showed ns cotton that would measure four feet in height with plenty of half grown bolls upon it. Sev eral parties have told us they had cotton waist high. .• ' The same paper has the following upon a new variety of wheat. : Mr. P. B. Garrett, of Campbell county, has placed on onr table four heads, of the variety known as the Seven Headed Wheat, so called because there are seven heads on one stalk, six of whioh are small. . Mr. Garrett obtained the first he had of this-‘from the Great Salt Lake country, and in the fall of 1866 he planted fifty grains, which yielded about one-half of s‘ gallon, tbia last quantity he- cultivated the next year, and it yielded about two bushels..;-:Last season he sowed one bushel on an acre, and ha is con fident of a yield therefrom of twenty or twenty- five bushels. The land on which he sowed this wheat was not manured or fertilized, and lapa right by the .side -of it in the same field, did not produce exceeding six bushels to the acre of From the Chronicle and Sentinel.] Libebty Hall, 1 Crawfordville, Ga., June 29, 1869.) Gen. A. H. Wright, Chronicle and Sentinel Office, Augusta, Ga. .- Deab Sib—Your letter of the 21st instant was duly received, but it found me in worse con dition, physically, than I have been for several weeks. This, with other pressing correspon dence, has prevented me from giving yon my opinion upon the question propounded sooner. I must now be brief. Indeed there is no ne cessity for any extended views. The argument is already exmrasted by you, your neighbor of the Constitutionalist, the Constitution at Atlan ta, the letter of Judge Fleming,, and the com munication of Tully in your paper, some days ago, to say nothing of the labors and produc tions of others. But in what I have to say, it is proper to premise by stating that I believe the decision of. the Supreme Court on the question of negro eligibility to office in this State to be in accordance with the law and Constitution winch were their guide. Had I been on the Bench I should have come to the same con clusion under the same law and Constitution, that a majority of the Court did, though not ex actly. by the same process of reasoning pursued by these learned Judges.' The result of my judgment, however, would have been-the same. I thought the two Houses of our General Assem bly, committed an error in deciding that those members who had been elected, and returned to their respective bodies with an eighth or more of African blood, were thereby disqualified to hold seats in the Legislature under the laws and Constitution of the State as they now stand. But it was a question which they alone—each House for itself—had the right and power under the Constitution to adjudicate and determine. By the Constitution of th6 State, each House is made the sole judge to decide upon election re turns and qualifications of its members. This question of eligibility and qualification to hold offloH on the part of this class of persons, who are elevated to ttn> status.ot citizenship by the present Constitution of the State, i knew was one not free from doubt, one on which able and true men might and did differ. Therefore, while I thought the decision was erroneous, I also thought that all charges against these Legis lative bodies upon the grounds that their judg ment had been made from captious and factious motives were altogether unjust. This now clearly appears from the able dis sentient opinion of-Judge "Warner, an eminent jurist of the Republican party, who still main tains, after, all the discussion since had, that the decision of the Houses was right. Men on both sides, therefore, should learn to be more charit able in their opinions of -the motives of men in the discharge of pnblic duties. But your question to me is, what effect this decision of the Supreme Court, now rendered, can have upon the cases of those members, who were decided by the respective Houses of the Legislature, not to be qualified to hold seats therein? Will it. be to reseat these excluded members, or are they legally entitled to be re seated thereby 1 To this there can be but one legal and judicial answer. That is, no ! These cases have been decided by the 1 only tribunal having constitutional jurisdiction over Qiem, and having been decided, they can not be again opened by the Houses who decided them. Their judgment, after being finally rendered, cannot ae again taken up, or reversed, by themselves, any more than the Supreme Conrt itself can go back to the docket of last session and reverse any of its own decisions then rendered to the unsettling of the rights of the parties therein adjudicated. Much loss can this judgment of the Supreme Court' legally affect in any way the action of the two houses in the premises- It can have no binding or obligatory effect what ever upon tho past or future action of the Houses of the General Assemblyupon the ques tion involved, for by the Constitution, as stated above, each House is the sole and exclusive judge of this question, so far as membership of their respective bodies is concerned, for all time to come, or so long as the Constitution shall re main as it is on that point. No change, it is pre sumed* will ever be made in it in this particular, for it is in strict conformity with that universal law in all representative governments, whenever and wherever established, either civil or ecclesi astical, by which the sole power to decide absolute ly upon the qualifications of the members of the Legislative bodies is and has befen, without ex ception I believe, vested in those bodies them selves. From their decision there is no appeal to any other tribunal; and from the very nature of the subject there cannot -properly be. This power, like all other delegated powers, has often been very grossly abused repeatedly^ perhaps, by one house or the other of the Legislature in every State of the Union, as it has unquestiona bly often been most grossly abused by Congress. Its gross abuses in the British Parliament are well known by the students of history. Still fhjq arrangement in the distribution of the pow ers of Government is the only one, or the best one yet discovered for keeping separate, distinct and perfectly independent of each other the three great departments, to-witthe Executive, Judiciary and Legislative. Monstrous as the doctrine, seems to some, yet it has come down to us stamped with the wisdom of our ancestors after the experience of centuries. This sole power to decide upon the election, returns and qualifications of the members of each House which is vested in it by the Consti tution, is, however, by no means an unlimited power. Because there is no appeal from its ex ercise, this by no means justifies a capricious or illegal decision under it. It is a power of great trust to be exercised as all other judicial powers are. Each House is constituted a judge for the purpose—this'Court so constituted is to hear and decide both the law and the facts in each case as it' comes before them. First, to hear, the facts and then apply the law to them. In forming their judgment upon the law and the facts, they are to be governed by the same gen eral principles which govern all other courts in arriving at truth, right and justice. Their de cisions when made in any case stand as the de cisions of all other courts, from which no appeal or writ of error lies. This is the law of the \_For the Sunday Telegraph. Except These Abide in the Ship, tb Cannot be Saved—Acts xxti(,.Sl.” These words were uttered byj the Apostle* Paul, to toe centurion aad soldiers on tftpjfitM ship which had been “exceedingly tossed with, a tempest” for fourteen day* ana Wghts. Paul was on his way to Borne to preafih the Gospel there, acoording to the word of God* re vealed to Hm more than two $ean psetfcna to this event He was going as a prisoner.. The season of the year was uupropitious—“sailing was now dangerous”—and Paul admoWneo them that the voyage would be with hurt and milch damage; nevertheless, the oeetarion be lieved the master and owner, of the ship, mora than these things which went spoken by Paul. God’s purpose can’t fail. It was his purpose that Paul should preach at Rome. But Paul persecuted the Gospel, and verily believed he. was doing right in working against it. He must be converted ; he must believe the Gospel be? fore he could preach it acceptably to God— hence he was converted on his' tray to Daxuas- There is nothing that God has purposed Bat how far members of the Legislature might very properly be influenced, (in decidingdoubt- ful questions of the law involved in the legal qualifications of those elected and returned to the respective Houses,) by the judgment of the highest judicial tribunal in the State, upon the same questions in all other offices of the State, is a very different question. My opinion is, that in all doubtful questions, or where their own convictions are not both clear and strong, they should be influenced, but not otherwise. The two Houses of our: General - Assembly at 4he_ last session, I have been informed, concurred in a resolution submitting this question as one on which they had doubts to the Supreme Conrt, with a pledge to conform to the decision of that Court in their action. .How this is, I do not know, butif my informant is correct, it certainly relieves them of all imputation of improper or factious motives in their first action; The effect of the decision now rendered under that resolu tion, would be a requirement of them all in fu ture like cases which may come before them to decide, in accordance with the principles estab lished by the judgment of the Supreme Court. This is all the fulfillment of the pledge that they can legally and constitutionally render. This, I think, the same Judges who made this decision would, if inquired of, pronounce to be a right view of the subject.- Yours moBt respectfully, Alexander Hi Stephens. to do that it is impossible for him to do, and there is no opposition of men,, devils or -nature,- that will frustrate his purposes. Forty men bound themselves under a great curse that they would neither eat nor drink until they killed Paul, and they would have killed him if he had not escaped their hand»—but he escaped, be cause it was God’s purpose. But there most be means used, and these means are subordinate to tiie end—and the means are always in time and effectual. To suppose the means will ever be lacking is to distrust God’s word—is to be ah unbeliever. At another time Paul escaped in a basket, let down over the walls. Paul was left bound two years, when we would suppose that he ought to have been industriously engaged in preaching, to and fro. I suppose that these trials certainly must have, at times, discouraged Paul. I have wondered if he were, as I fre quently am, asking himself. Is there any truth in this religion ? wu not' that light and those words which X heard on the way to Damascus , all the effect of the imagination ? or, if not, why am I'left now in bonds, and so cruelly treated? If God loved me, he wonld certainly make men love me, or use me more kindly. Bat we know mac ha did not make the world love Christ when he was here, ana no to “the same yester day, to-day and forever”—therefore the world does not love him now. “Ye must be bom again." But his purposes will ripen fasti Paul must go to Borne, and as they had no Mission Boards those days, Paul went as a prisoner—no pteans to him for the great sacri- - fiee he was making—nobody left behind - to col lect and forward on the money to support him in that far-off land—nobody behind to praise bim if he died—nobody to honor and crown him for success. How many now preach that Bort of a Gospel? None—none now—nor then, un less they are obliged to do it. But God did not prevent the Centurion’s sail ing at this-nnseasonable time, the storm from arising, nor the ship from going to pieces, but he did prevent the loss of Paul s life, because he had said that Paul should preach at Rome, which he could not have done if he had been lost then, at sea. Paul was in great distress too, for God comforted him by Ms angel, and he would not have been comforted if he nad not needed it—he oouldn’t have been. “For there stood by me this night the angel of God, whose I am and whom I serve, saying; “ ‘Fear not, Paul; thou must be brought before Ctesar, and lo, God hath given thee all them that sail with thee’ ” 24. Paul feared, and the angel said. “ Fear not.” But theso words would not have comforted Peter at home by his fireside— for he had nothing to fear—no distress ,to bo delivered from. But the sailors and soldiers didn’t believe Paul's words, but their unbelief did not make the words false. That is a great blessing to tts.‘ The unbelief of the sailors ■ prompted them to steal off in the boat- and leave Paul and the soldiers to perish.. The sailors would have perished if they had been permitted to escape in the boat, as well as Paul and the soldiers. “ Many are the devices of a man's heart, but the counsel of the Lord,- that shall stand’’—Prov. Their device was to escape; in the boat. That was, or would have bepn, their free agency, hut it was not .the will of God, or His agency. His will was that they should be saved; and to be saved their will must • be sub jected to His will. But what if they had. es caped in the boat, and Paul had not seen them? That is the same as to say what if Christ had not have come, though God had promised Him as the means of salvation centuries before His coming ? He must come and suffer, else none could be saved, and God had promised salva tion to Israel, and nobody else wants it. There fore we find Paul watching, apd detecting these shipmen as they : were about to flee ont of the ship. And though the Centurion and soldiers didn't believe his revelation about the angel’a telling him they' should be saved;. yet they did believe him when he told them: “Except these (shipmen) abide in the shipyecannot be saved and believing—they worked; they cut ;off the ropes of the boat and let her fall off. And they were justified by their workstheir works showed that they believed, it was then a living, acting, faith.- Their faith was but a nat ural faith, founded upon reason, which had taught them that the sailors were essential on board the ship, but it illustrates the faith and work of the Christian which is founded upon the teaching of- the word and spirit. And'so with Abraham's works which justified hini.be- canse they were done in faith—without faith it is impossible to please God—wliat is hot of faith is sin—and he who works ;.in faith works according to the word of God, prompt ed by Ids spirit. Nor will his spirit prompt us to engage in a work which will betray a dis trust of his word.- Therefore it was God's-coun cil revealed to Paul that secured ids salvation and the salvation of all on board, < the ship; but in order to be saved they must abide in the ship, and hence the means.to. that end were in - tune and were effectual. And no it says, “Except ye repent ye shall all likewise perish;'” repentance therefore is essential to salvation_, and bding es sential the means to produce it will not* cannot, be lacking, for God cannot be_, and his purposes cannot fail. But repentance is not the work of an unchanged heart; not the work of the natu ral man as a free agent; it is a '• thing-erf- God which the “natural man does not: receive.’’— Surely I have heaid Ephriam bemoaning him self thus : “Thou hast chastised me, ana I was -chastised as a bullock unaccustomed .to.the yoke —-turn thou me and I shall be turned—surely after that I was turned, I repented;. and after I was instructedlsmote uponmyihigh."—Jere miah. Some advised to kill the prisoners, but such was not God's council. And so it came to pass that all" escaped safe to'land, those who couldn’t swim as well as those'who could swim. J. R. Rsspess. From Lowndes Couatj-.r The Valdosta South Georgia Times of Wed nesday say: We have inquired among the farmers and others, and find the cotton crop very promising —hardly ever better. The com, too, is promis ing. The drought was very severe on it, but there is still prospect, especially in the lowlands for an abundant grain harvest Cane, potatoes, and other crops are excellent. -jy Lowndes county is actually behind Bibb in water-melons, for the Times speaks of the first water-melon, June 29th. Uh The National Intelligencer.—The Cainrier- Joamal Washington dispatches say: The adjourned meeting, to take measures for renewing the Intelligencer, and placing it on a firm basis with adequate. capital, failed to ac complish its object The plan discussed at the last meeting of raising $100,000, has not suc ceeded, although, some portion of the money has been subscribed. At the meeting last night, after some discussion, it was determined to postpone any definite action, in order to afford opportunity for consultation with ex-President Johnson, who is in Washington. A little child four years old, near Kokomo, Ind., suddenly appeared on the railroad track as a train was passing at a rapid rate, and was picked up by the cowcatcher, thrown fifteen feet high in the air, and landed in the ditch without injury. Tlie Fall-Elections. ' The Radicals are 1 represented to be appre hensive about the result of the fall elections, particularly those in Pennsylvania and Ohio. The Herald correspondent at Washington tele graphs that paper fttna pw **** It appears that Grant is extremelv anxious about the result of the approaching election in Pennsylvania, and that he has an idea Geary will be defeated: He did not want Geary to take the nomination, and it is said that just be fore the meeting of the Republican convention in Philadelphia he sent a confidential agent to Geary with instructions to say to him that if he would decline the nomination he would provide him with a place as good as that of Governor of Pennsylvania.. Geary, however, refused- the offer. It appears that Curtin told the President, Geary could not carry Pennsylvania, as he was not the choice of either the Cameron or - Curtin faction,"and that his nomination would imperil the success of the party. This caused -Grant considerable uneasiness, and led to the offer which he made Geary. John Covode, who was in Washington a few days ago, called upon the President, when the latter immediately intro duced the subject of the Pennsylvania election, asking Covode what he thought about it. Covode shook his head doubtfully, and said it would be very close. “Well.” said Coy ode, “there’s a heap of trouble. You see, in the first place, General, yonr appointments didn’t suitomr peo ple. Some of them were good enough men and good republicans, but they have no etrength or influence. They can’t carry nothing. In the second place, Geary will not be supported by the Cameron and Curtin men with any degree of earnestness. Its going to be tongh pulling, General.” The President said he was sorry, for he would like the Republicans to carry the State this time by as large a majority as when he was elected. Crops in Florida. The Floridian of the-29th nit, says : Cotton is in fine condition and locking and doing remarkably well, especially where it has been well worked. There is more rein than is healthy for the weed, and reports continue of presence of the caterpillar. Core is made, and a good crop will be gathered. This w the case throughout West and Middle Florida. • la the East apd South, pq^n has suffered much from drouth, and the crop still be very short. f - ■ V • . - ■tJk- r t‘ tin i itsr f ite