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■—•
At HENS,
DECEMBER 18,
.rex'!
SPEECH OF HON. POPE BAR
ROW BEFORE THE HOUSE
COMMITTEE ON THE BILL
TO FORFEIT R. R. CHARTERS.
Mr. Chairman and Gontlemen—
The committee is given to understand
by the statement just made by the
author of the bill iu question and un
der consideration, that it is intended
to be based upon,and to carry out the
provisions of paragraph 4, section 2,
article 4, of the constitution of this
state ; which is remembered as a Code
section, No,5097. It becomes, there
for*, an important inquiry at the
outset, inasmuch as this legislation
which is proposed is based upon and
intended tc carry out a certain prov
ision of the fundamental law, it be
comes a pertinent inquiry at tin-
outset, whether or not it conforms to
that provision of the constitution, and
is confined in its scope, to the leg
itimate perview of the constitution
itself.
The author of the bill in bis very
candid statement which be has just
made to the committee, has confessed
to you that it has “amplified” tin
constitution. It seems to me that
this itself is a fatal confession. There
is no power’ known to our form oi
government which can “amplify” a
consitution except another con
stitutional convention, or the action ot
tho general assembly and of the peo
ple in the mode pointed out for am
endmonts. The very object of tin
constitution is to give us an inflex
ible, unchangeable law which shall be
binding upon legislatures as well as
upon people, and when a bill is in
troduced which is confessedly an
“amplification” of the constitution, it
is a bill which to that extent travels
outside, and is void.
Now, there cannot be any question
about the fact that it is aii “amplifies
tion’ of the constitution, that it is
broader than the constitution, and
that it is so in material and substantial
particulars. .
The constitution is plain and
simple. It provides that future leg
islatures shall not grant certain pow
era: There is nothing in the prov
isions of the constitution which huvt
been referred to, and upon which tlii.-
bill is based, which relates to con
tracts, or to purchases, except in so
for as future legislatures are prohibit
ed from granting those powers. The
language is this:
“The general assembly of this state
shall have no power to authorize any
corporation to buy shares or stock in
any other corporation in this state or
elsewhere, or to make any contract or
agreement whatever with any such
corporatiou which may liave the effect,
or ,be intended to have the effect to
defeat or lessen competition in their
respective businesses, or to encourage
monopoly, and all such contracts and
agreements shall be illegal and void.”
What contracts and agreements?
Contracts and agreements of that
description which future legislatures
may authorise. It has no operation
upon any contract or any agreement
which does "not derive its validity
from an authority conferred by the
legislature after the adoption of this
constitution. But this bill declares
void the contract of a corporation
even though the authority to make it
was expressly given in a charter
granted prior to the adoption of the
present constitution or even prior to
the code.
But that is not the only particular
in which the bill is broader than the
constitution. A careful examination,
yes, even a casual examination of
this provision of the constitution will
show that it relates exclusively to
contracts and purchases made
corporations, under
grants of legislation authorized
after this constitution went into
effect. It does not take away any
power that any corporation previously
had, bur it is confined to the exercise
by corporations of powers subsequent
ly granted by legislatures.
Now there is nothing in the con
stitution which prohibits an individual
from buying and selling in a way that
the legislature can not authorize
corporation to do, and yet this bill,
which is based upon that provision
of the constitution, and intended to
carry it into effect embraces
partnership and natural persons. In
other words tho convention which
made the constitution of the state of
Georgia, in their wisdom said, “We
shall lay down’ certain rules for
corporations.” It is proposed now
for the legisla-nre to say, “We will
l-ot only lay down that rule,but anoth
er rule for corporations,” which I shall
come to in a moment, “br.t we will
apply this to natural pe rsons also.”
Whereas; the cont-itutional convention
intended to throw certain safeguards
around the exercise of power by the
legislature over corporations,a serious
and important step, a radical step is
proposed to be taken,to lay the hands
of the legislature upon citizens of
Georgia as well as corporations, the
man and the woman who are twenty-
one and capable of contracting and
saying, “You, too, shall be hampered
and restricted in the way in which the
constitution says certain corporations
shall be.”
Now, it is unquestionably true that
this feature of this bill will have to be
aged. It is unquestionably true
lie legislature itself, and its corn-
tee when its atte ition is carefully
to this provision, will see that
invited by this bill to pass
The provision which
i contracts says that all
1 agreements or pur-
ore made since the fifth
, 1877, shall be void.
nD
Bra
New, the authority for that, so far ns
corporations are concerned, would be
found in the constitution whioh says
that after that date no legislature
shall authorize a corporation to do it.
Therefore, if the legislature lias au
thorized a corporatiou, and such a
corporation has done it, then this
might be supported as a law upon the
ground that the constitution all th$
time had forbidden corporations since
December. 1877,from performing such
acts, but how can that justify the leg
islature of Georgia from saying that
a citizen who has made a contract
which might, come within the pro
visions of this act in 1880, or 1882 or,
in 1888, provided it was made before
the bill became a law, that this con
tract shall be declared to be a void
contract, which was a valid one when
it was made.
You perceive, Mr. Chairman, that
even if it can be held to be properly
retroactive as to corporations, upou
"h" ground that the constitution had
bill the time forbidden these contract*
by corporations, that it clearly is a
void law when it is attempted to be
made retroactive as to natural persons
when the constitution is silent as to
them. There is no escape from that
conclusion. The constitution of the
state of Georgia contains no prohibi
tion upon individuals. Any contract
that any citizen of Georgia, who is
tree ami able to contrct, has made
\ since the fifth day of December 1877,
is a lawful contract, and a bill which
attempts to say that wo will now,after
it is made, declare it to be an unlaw
ful one, is void. So that, even if it
janb- sustained as retroactive in its
-operations as to corporations upon
the* ground that the constitution
dready prohibits them, it connot be
sustained in its retroactive operation
upon individuals whom the constitu-
cion did not prohibit. The author of
die bill, I apprehend, when his at
tention is directed to this provision
will himself acquiesce in it as a cor
rect criticism. Bui, sir, this bill, to
the average American citizen who
Matters himself that he lives in a free
country where the government throws
just as little as possible restrictive law
around the freedom of his contracts;
the average Georgian who has been
educated to believe that the people
who are the least governed are the best
governed, and the lighter the hand
of the government touches the com
mercial transactions of the citizen the
better for the citizen, will be as
tonished to find legislation proposed
here which will prevent a citizen
from dealing in a thousand ways
die property belongs to a corporation
n which people m this country are
n the habit of dealing every day.
The first section of this bill provid
es that any partnership or persons,
natural persons who shall make any
contract or agreement whatever with
any other natural person or partnership
provided you were dealing with a case
vhich this bill would cover is void
This hill provides that no man in
Georgia shall trade with any other
min iu Georgia ir. such a way that it
may have the effect in their respective
businesses to lessen competition,
providing the subject matter of the
contract was the property of a cor
poration.
Why Mr. Chairman, if it should
become a law and a railroad company
should own a depot wiih a number of
rooms in it or a csrshed, and there
hould bn two or three eating houses,
fiov cout-1 not form a partnership
They could not, if they thought they-
could run the business better for the
accommodation of the people by con
solidating their capital individually’,
not corporations; they could not rent
those buildings together from that
corporation and unite their eating
houses or restaurants because it might
be said it would have, a tendency or
it might effect competition. If a line
ofboats should be leased by individuals
in carrying on tho same business
provided it belonged to a corporation,
it would come within tho provisions
of the bill.
It seems to me, therefore, that it is
dangerously broad and uucertain in
its scope, I do not believe that it is
wise to pass legislation and let it take
the form of law, which is open to
construction that will tie the individu
al citizen in his free right tomake a
contract.
There is another provision in it
which is a singular one. It may be
explained in such away as to reconcile
it with our setted views of law: as it
stands it is irreconcilable. It is the
provision which occurs in this same
first sec!ion that tho buying or hold
ing any shares or stock in a railroad
company or corporation in this state
“or elsewhere,” shall be void. Now,
what is the legal effect of thal?Share-*
of sock in a railroad company
per-otial proper y; they have
-i'us they follow the domicile
They are presumed to be in the
pockets of owner. If he make a con
tract for a sale or a purchase of per
sonal property, if it is a valid con
tract where it is made, it is a valid
contract around the globe. If he
makes a will and bequeaths his per
sonal property, if it is a good will
by the law of domicile, it is a good
will everywhere. It is true that is
not the case as to real estate. Con
veyances of real estate, have to be ex
ecuted according to the law of the
place where the real estate is situated,
but validity of conveyances of shares
of railroad stock is beyond the
power of the legislature of any state
except the state where tho contract is
made and to be performed.
Now, here,’is a bill which deals ex
clusively with personal property,
deals exclusively with shares in rail
road companies, of corporations
which by the express terms of our
law are declared to he personal prop
erty. I think the code settles that,
Sec. 2237 of the cnd.e. (Mr. Barrow
here read < his section which declares
it to be personal property.) '
Here is .a bill which declares, or
asks the legislature to declare, that
a contract made and to bti performed
outside the state of Georgia, between
two non-residents of Georgia, with
regard to personal property, and law
ful where it was made, shall be void*
I think that the professional mind"
of the country will be somewhat as
tonished if the legislature of Georgia
should commit itself to that proposi
tion. Here is our code. Here is our
system of laws. Here are all tho de
cisions of our supreme court from the
da} - it was founded, and all the courts
of last resort in all countries declar
ing that the law of the domicile is
good everywhere, with the solitary
exception of this bill introduced in
the Georgia legislature, which for
the first time undertakes to say that
a contract which is made and per
formed outside of the state of Geor
gia, good where it ia made, shall be
absolutely void.
That brings me in a rapid conside
ration of this bill to a provision which
must confess I do not exactly un
derstand. It is the language which
mystifies me. The bill is made to
read, speaking of contracts made
since the 5th day of December. 1877,
that the parties are forbidden “to
proceed further in the execution of
the same.”
Now, the “execution” of a contract
is the signing, sealing and delivery of
it. Is it possible for the legislature
to stop the “execution” of a con
trast which was made in the past?
This brings me to the second sec
tion:
Section 2. Be it further enacted
by the authority aforesaid, That for
a violation of the provisions of the
preceding section of this act, whether
directly or indirectly, a railroad com
pany or corporation, chartered under
the laws of Georgia, a party to such
sale, contract or agreement, whether
buyer or seller, shall thereby forfeit
its charter.
The forfeit of a charter of a corpo
ration works a dissolution of the cor
poration. If we take the Central
Railroad and banking company of
Georgia as an example, and if since
1877 this company directly or indi
rectly, has brought itself within the
province of this bill, its charter is
thereby forfeited. No legal proceed
ings are necessary. It is forfeited by
operations of law if it comes within
the provisions of this bill. Now
what becomes of the property of a
corporation when its charter is for
feited? When there is a dissolution
of a corporatiou to whom does its
assests belong? It is well settled that
they are a fund to be held iu the
first place for the benefit of its cred
itors; aud in the second place, if its
debts are all paid, the residuum goes
to the owners of the property, the
former stockholders.
Suppose the Central Railroad and
Banking company should have vio
lated in the past the provisions of
this bill; suppose it should have dealt
in this forbidden way with the stock
of some other corporation indirectly,
or has leased some other corporation
indirectly—its charter would be for
feited. Its right to do business as a
corporation will cease if this bill
should become a law. Its officers
will no longer have any authority to
control its affairs. It must be wound
up and its assests distributed. Well,
the reply would be that the Central
railroad company deserves to be thus
treated if it has violated the law.
deny, Mr. Chairman that any rail
road company, or any individual, or
any other corporation deserves to be
treated in the way in which this bill
would treat a co-poratiou such as I
have named. It would be entitled to
a hearing to see whether or not it had
been guilty oi these fiagrant crimes
which are charged against it. An
absolute forfeiture, ipso facto is the
provision that is made in this bill in
the second section.
But suppose you forfeit the charter
of the Central Railroad and Banking
company, what then? It seems to me
that the legislature when they as
sembled here for the purpose of pro
tecting the people and in the name
of the rights of the people of Georgia,
and this bill comes before you in a
fair and plausible guise as ail attempt
a to protect the interests of the people,
you ought to look around- you and
see whether all the citizens of Geor
gia are alike affected by it.
Who owns the Southwestern rail
road company? Who owns the Augus
ta aud Savannah Railroad company?
Who owns the Georgia Railroad com
pany? If you will take a list of the
stockholders in the Georgia Railroad
company, the Southwestern railroad,
the Augusta and Savannah Railroad
company, you will find it is largely
owned by people of the state of Geor
gia—by your own citizens. You will
find that trust estates, the property of
minors, the property of women—all
that class of people who seek an in
vestment which will require no man
agement, which will bring a fixed
income, have gone into these leased
lines. They are indirectly leased,
perhaps, to the Central Railroad com
pany. At any rate, the Central Rail
road company pays a guaranteed
dividend. Some were leased before
1877, but if the charter of the Central
Railroad company should be forfei ed
and that corporation should be dis
solved, the valne of the stock of
these companies would be destroyed.
Why are they valuable? It is
because they are leased and the divi
dend is certain. The Southwestern
and the Augusta and Savannah pays
7 percent,and the Georgia railroad
paid 10 per cent, but now pays 11
per cent.
Not long ago I bad occasion to
advise the executor and the family of
a distinguished citizen of this state,
who had just died, and who, by a
longlife of honesty, and skill, aud
diligence, bad accumulated a large
estate. He left a large family-^-a wife,
sons and daughters. Some of his
daughters were married und-some
.of them unmarried. When they
came together to divide out the prop
erty among them under his will, it
was found, among other assests, he
had left a considerable amount of
Georgia railroad stock. It was agreed
by common consent of all, that the
widow and unmarried daughters
ought to be allowed to take that
Georgia railroad stock. Why? It
was “the old reliable.” It was owned
by Georgians. It was leased for 99
years for $600,000 a year, which was
11 or 12 per cent upon its capital
stock; every year it was paying 10
per cent; every three months, quarter
ly, 21-2 per cent. Therefore, they
said, the husbands will manage the
property of these married daughters;
the sons will manage their own prop
erty, but this safe investment, this
“old reliable” that is leased, will pay
for 99 years this 10 per cent year
after year, we will give the widow and
unmarried daughters who are not
able to look after their property.”'
If this bill becomes a law these in
nocent women will be ruined.
Why is the Georgia railroad stock
worth $200 a share? Because it is
a leased line, and it has a guaranteed
dividend; It was worth $98 when
it was leased, and it lias gone up to
$200 and stays there.
In my town of Athens, up one side
and down the other, merchants, law
yers, doctors, mechanics, widows, sin
gle women, trust agents, guardians,
minors property is invested in' the
Georgia R. R. Co.' as a safe invest
inent, aud yet we talk with the ut
most flippancy here of introducing
bills in the legislature and forfeiting
charters. Forfeit the charter of the
Central railroad? Lay your hands oil
it! Destroy it and let the minority
reorganize? When you destroy that
corporation you destroy all that de
pends* upon it, and when you destroy
that you destroy values of thousands
of innocent children of this state who
deserve the protection of this legisla
ture and of the courts of this state
The remote consequence of legisla
tion, the remote bearing of laws are
just as much tliebouadeu duty of the
legislature to guard as the immediate
aud direct consequence. We see
bill introduced here which, by its
own terms, forfeits the charter of a
railroad company; we see these cit
izens of this state, from one end to
the other, seeking for a safe invest
ment and putting their money into
these leased roads, then we see it
destroyed by an act of the legislature
by the government itself, by the
very power that ought to protect the
blow falls.
Before such a step
taken, Mr. Chairman, it ought to be
carefully considered. In my judg-
meut it ouglit not to bo taken at all.
The object can be reached without lay
ing the ax %t the root of the tree of the
prosperity of so many people of this state,
There are too many happy homes ir
Georgia that arc kept warm and bright
and made comfortable by these invest
ments to be ruthlessly destroyed by one
fell swoop.
Mr. Lamar—I would like to ask you
what y*u think would be the effect un
dcr another section of I his bill if a cor
poration was reorganized, all these leases
would they be destroyed? If the Central
railroad charter was forfeited, what
would be the effect upon the Georgia
railroad contract and Southwestern
railroad contract?
Mr. Barrow-I think the law is well sen
tied that the executory contracts of a eo
poration are terminated by its dissolution
and as to the executed contracts they
need not be considered.
but, supposed, Mr. Chairman, those
contracts were not destroyed, that they
should be kept alive, and that the new
corporation recognized by this new pro
cess which allows a minority to control
a reorganization, Suppose the new organ
ization should carry out this contract,
what is.to become of the value of the prop
erty of the stockholders in these leased
lines until it is ascertained that it can be
done and until it is done? In other words,
what will be the immediate effect upon
the valne of a share of the Georgia rail
road stock to forfeit the charters of the
company that pays its dividends and
gurantees them. The Georgia railroad
company last year did not earn its rental;
It did not earn it year before last,
it had to be advanced. Who got the ben
efit? The stockholders. In
stead of being worth $209 a
share’ if the guarantee was withdrawn,
it would sink to its old value which it
bore in the market defore that lease.
It does not require any prophetic eye
to see that. The Georgia Railroad com
pany’s stock was worth $98 a share.
It was leased with a guarantee of $600,
000; it raised to $200, *>u t if that guar
antee was taken airay, if .vould fall back.
The effect of the forfeiture of the charter
of the company which guarantees would
be to destroy the value of the property
which is guaranteed. It might some
day react, dut it would not be perhaps
in our days. Wreck and ruin would be
certain at first. This third section pro
vides simply to lay down a rule for cor
porations who come into the state and no
business, who have brought themselves
within the provisions of this bilL
It seems to me,Mr. Chairman, that if a
contract has been made with regard to
persoral property in apiece where it was
lawful to make it, that contract is a law
ful contract in any place, but if au un
lawful act was attempted anywhere it
could be prevented by the courts.
ToilluRtrate, suppose that a purchase
of stock in a railroad company was
made in North Carolina or in Kentucky
or in Mississippi, and was a lawful con
tract. The contract would be lawful
every where, because it would be a con
tract for the purchase and sale of per
sonal property. But if parties to that
contract were to come in the state of
Georgia an'd undertake to ran a railroad
in the state of Georgia in an unlawful
way. why the remedy of the law would
not be to attack that contract The con.
tract wonld he lawful. The proper pro
ceeding, the proper remedy’ and the
effectual remedy, would be to deal with
the mode in which they were operating
the railroads*
I pass away from the consideration of
the fourth section of the bill with the
single remark that I have no doubt that
calm and deliberate reflection will satisfy
even the most ardent admirer of this bill
that it is imposibleto execute that clausa
In recent caso in which the Broadway
Surface Street railroad company was dealt
with by the courts of New York, a sim
ilar provision to this came in review by
tbe courts of appeal und the question
was settled.
I respectfully submit- it is not witmn
the power of the legislature, under our
constitution, and the federal con's tit utio*
deal in the manner indicated
this section with the assets of a dis
solved corporation.
Mr Mein tyre-What will become of
majority stockholders under that reorgan
ization?
Mr Barrow-That is a question that I
am unable to answer.
Now, giving credit to the author of
this bill, for au earnest desire to protect
the people of the state of Georgia, and
uniting with him in whatever may be
said as tc the danger of monopoly,and as
to the benefit of competition.! assert that
this bill, while it may be intended to rel-
eve us from one imaginary evil, which
I do not think exists, and have seen no
i ridence of,is calculated an-’ its inevit
able, immediate and direct, effect will be
to destroy the property of thousands of
citizen of the state.of Georgia, who have
right to appoal to you for protection.
To p^ss a law which will destroy the
value of tho property of thousands of
innocent citizens, no thoughtful man will
say is just, and no good man will soy
that such a thing is right.
APTLY ABRIDGED. ~ HELP ! UNCLE SA]
•WHY! YOUR LIVER
IS OUT OF ORDER
You Trill have SICK HEADACHES, PAEr
r>’ THE SIDE, DYSPEPSIA, POOB AWE-
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four dally work or social enjoyments. Lift
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«jHBgn<-rT=rr .*t-tf3 u». a rr»*rn-«aftj»
Will cure you, drive tbe POISON out
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.They cost only 2S centsa box and may save
your life. Can be bad at any Drug Store.
tiJ-Bewaroof Counterfeits mado in St Louls."ffi6
IVORYPOUSH tjeethI
Perfumes the Breath. Ask for rr.
FLEMING BROS,, - Pittsburgh, Pn.
This is the Top of the Gknuinu
Pearl Top Lamp Chimney.
Aliothers, simflarare imitation.
This exact Label
is on each Pearl
Top Chimney.
Adealerms.ysay
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BUT HE HAS NOT,
Insist upon the Exact Label and Top.
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SEO. A MACBETH & C3„ PiitsM. b.
BLOOD AND BRAIN
Pars blood la what oils tbs machinery of life,
eases every movement of the body, removes stiff
ness #f the joists, drives out pain from the nerves,
stimnlatss tho brain, protects the liver and kidneys
frsm liritatien, enables physical exertion without
fatigue, prolongs life, and makea men and women
perfect In health and feature. Good blood and
good brain fra inseparable. Aim to keep the blood
pure by using the only true blood remedy, B. B. B.
(Botanic Blood Balm.)
Hiss S. Tomlinson, Atlanta, Ga., aays:
M For many years I have been afflicted with rheu*
nudism combined with severe kidney troubles, indi-
. gestion and nervous prostration.
Rhamwatimn Several physicians were em
ployed and numerous patent
medicines resortsd to without benefit. At last I
began the uso of B. B. and its effect was like
magic. Rheumatic pains ceased, my kidneys were
relieved, and my constitution improved at once.”
Z. T. HeUertoa, Macon, Ga^ writes:
* Three years ago I contracted a blood poison. I
applied to a physician at once, and his treatment
came star killing ms. I employed an old physician
end then went te Kentucky. 1
Hot Spring! th « n went to Hot Springs and
r ° remained two months, but noth
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porary relief was given me. 1 returned home a
reined man physically, with but little prospect of
ever getting welL 1 was persuaded te try B. B. B.,
end to my utter astonishment it quickly healed
every ulcer.”
VV. C. McGaughey, Webb City, Ark, writes:
" I owe the comfort of my life to a use of B. B. B.
I was troubled with blood poison
Bad Blood h* five or six years, and found no
relief equal te that given by this
talnablo remedy.**
Mrs. Emma Griffiths, Unitla, Tens, writes:
" The doctors said my boy twelve years old had
scrofula. Hie knees were drawn up and joints were
stiff, and for three years he had been
Sorofula unable to walk. One bottle of B.B.B.
has done him so much good he can
bow walk, end his pain has ceased. Its action on
my bey has been pronounced moat wonderful” (fi)
Harrison Knew Abont Ananias Dane.
Indianapolis, Dec. 7. —{Special.]—
When Gen. Harrison went rabbit shoot
ing* the other day near Dana, lnd., he
asked regarding the town of Dana, and
how it got its name. He was informed
that it was named for the New York
editor by CoL Moore.
“Moore would not name it for Dana
now, were he to do it over," said Bob
Pierce.
‘•Why?" aaked the preaident-eleot.
“Oh. Moore is now a strong ret ubli-
can," Sob answered.
“Weil, that would make no differ-
ence” said Gen. Harrison. “Mr. Dana
lias done tu a» much good as any of
them. It has been very amusing to
watch the Sun during the past campa?
One could see that in every iesuo of ...„
mper JJaua knifed Cleveland underneath
the fifth no. I personally know that
Dana wanted to beat Cleveland," was
the astonishing conclusion.
Roland Heed’s Wife Dead.
New Yoke, Dec. 7.—Alice Hasfngs,
the aetresa, d.ed on Saturday afternoon
from heart disease. She first appeared
in Nib’.e’a in the "Black Crook.” Durin*
her life she was connected with various
eompanieg in Pittsburg, Philadelphi a
and Chicago. For the last seven voare
ghe hag been connected with Roland
Reed. Mias Hastings was the wife of
Reed, and a remarkable thing in conneo-
lion with her death is that it is proi.o <M
PCt ** an<1 bu *7 it m the
same grave,
Tho News of tho Day Given In a Terse and
Sptoy Manner.
Yesterday’s bond offerings aggregated
84U.160; acceptances $561,000 four-and-
a-halfs at 103 1-8.
The $80.C00 cooper Bhop of the Stand
ard Oil company in Pittsburg has been
destroyed by tiro.
The Louisville Southern railroad has
been leased to the Louisville, New Alba
ny ahd Chicago for thirty years.
On Wednesday night, near Smithfield,
Pa., masked burglars entered the house
of Mrs. Ross and tortured her horribly.
They burnt her feet and limbs, injured
her eye, choked her, and then took all
they could find. The woman may die.
A dispatch from Erie, Pa., says: A
party of youths went hunting Tuesday
night; among them was Jacob Walther,
a mere boy. His companions got him
drunk and left him in a Dam. He was
found dead yesterday. There will be
troubie over it.
In the British house of commons last
night, Sir James Ferguson, foreign secte-
larv, replving to Lord Randolph Chur
chill, said'that the Ameiican ininistei
had peented notice of ti e SackviUe
affair a few days ago, and that it had
been referred to Lord Sackvilie for com
ment. The correspondence ou the sub
ject could not be published until com
plete.
A dispatch from Waco, Texas, says:
H. F. Howe, an old expressman, was
arrested at Denton yesterday for ro’>) 1-g
the Pacific Express company of :j5.tMi
lost -Sentember. This is the lr.onev that
was alleged to belong to the national re
publican committee, and disai poured
mysteriously at this point. When ar
rested Howe broke down and confessed
to the crime.
Large subscriptions in France to th«
Panama canal fi nd were made yester
day. and DeLeaseps was reported to be
overjoyed at the prospects of his great
enterprise.
The schooner. Church, bound from
Cape Charles to Norfolk Light, sunk in
the'storm on Monday night. Captain
Enoch, Mate Harris aud one of the crew
were lost.
About three hundred refugees returned
to Jacksonville yesterday. As no fever
or new cases have been reported for two
days the board of health will issue no
more bulletins.
Yesterday the executive committee of
the Western Union Telegraph company
recommended the directors to declare a
dividend of 1 1-2 per cent for the current
quarter. This is the same as for the pre
vious quarter.
At tho meeting in New York yester
day of the stockholders of the East Tt-u-
ne->see railroad the following officers
were elected: President. Gen. Samuel
Thora-.is; vice president, Calvin S. Brice'
secreiaav, L. M. Schwann; treasurer, G.
M. Mitchell.
Nine hundred and flftv tele: hones,
heretofore tiie pi operty 3t the National
Improved Crescent City and New Or
leans Telephone companies, were burned
in New Orleans under the direction of
Frank K. Knight, of the American Bell
Telephone company of Boston. These
instruments were adjudged by the
United States court to infringe*on the
Bell patent.
Miss Pecunia Pence, of Wabash, lnd.
married worthless John Galvin, only to
find that she had made an impecumout
ex-Pence by the transaction. John went
away, and sent word that he was dead.
She 'married again, and last week vrai
obliged to pay for a divorce and another
wedding ceremony by the appearance of
No. 1, smiling and healthy as ever.
In ilie Times-Parnell case in Loudon,
presiding Justice Hannan said that he
could only view the future with alarm.
The court had been engaged many days,
but had not yet arrived at the end of
any one branch of the inquiry. Oaly
two branches have been entered upon,
and several branches of equal import
ance remained untouched. He must
again make an earnest appeal to oeunscl
to do their utmost to compress the in
quiry and to avoid wasting the years of
the fife of those engaged in the caso.
A dispatch of yesterday from St. Louie
says: Rov. Ira B. Hicks, of this i|ty, who
has achieved considerable * fame as
weather prophet, predicts that there
will be severe storms and the coldest
weather cf the season within forty-eight
hours, and that the period of the regiuar
annual winter solstice storms between
the! 6th and 26th instants will extend
the time of thd disturbance. Ha rIsq
looks for a storm of exceptional Intensi
ty—a blizzard, perhaps—on the 2d and
8d of January.
The Panama Canal on
of Failure.
the Br
INVESTORS PETITIONING
FRENCH CHAMBERa '
M. do Lasse ps* Scheme for Making i t -
Property or a Coalition—Our Gov.
eminent may Appropriate
Fart of the Surplus.
Washington, Dec. 14.—It is thought
probable that should the French com
pany controlling the Panama canal r*
fuse to pay further toward thecom P l e .
tion of the enterprise, a bill will be in.
troduced by a member of congre s look-
ing to the American government taking
a hand, and contributing a sum iron
the surplus sufficient to complete the
operations. This would make the canal
scheme international.
Interest on the Panama Canal Schama.
London, Dec. 14.—[Special.]-It u re .
ported that the French government will
ask the chamber to relieve the Panama
Canal company from .paying interest in
bonds and capital until 1893.
Paris, Dec. 14.—The Panama canal
crisis absorbs almost exclusive attention
At yesterday’s sitting of the Panama
canal committee two proposals wore
discussed, both aiming to prol >n, the
period for the meeting of obligation*
until the canal is in working order. The
committee agreed \o submit the propo
sals to the government. ^
The leading financiers here have no
faith that the schemes of the committee
will avert a crisis. There have b-.-en
daily interviews between Minister* Por
tray and Flo jUet and M. de Lcsseps and
the directors of the Credit i oncier. Tne
result is that the directors maintain
their refusal to advance funds to holster
up the Panama company without an
explicit guarantee from the government,
with the assent of the Cham) era. >i!
Pevtral is unwilling lo do more than
to appoint a financial eommiss'on to in
quire into the position of the enraj any.
'i he public subscription clo e i to-mor
row. There is small prospect that the
bonds will be taken.
Reports that the government will
eventually subsidize or give a guaran
tee, for the Panama company are
discredited. Financial houses" hive
their eyes open to the fact that A m rie»
might not tolerate the conversion of the
Panama venture in.o a state enterprise.
M. de Lesseps has his own scheme to
save the project by making it au inter
national o:.e. According to this p!; n
England, America an 1 other great pow
ers will be invited to contribute iu tin
ratio of their ton-age, with an e guivaleut
share iu the control of the canal.
M. de J-esseps wants to compensate the
present shareholders by a provision that,
after a fixed interest on the capital sub
scribed by the powers has been paid, the
surplus shad go to the shareholders.
Those proposals ean only be heard of dip
lomatically as the last resort to prevent
absolute failure. The canal .-li ves c ot-d
on the market at 145, showing a fuuher
fall since yesterday.
THE OEOUGIA legislature!
A Clever togoa.
Helena, Mont., Dec. 14.—A man, wfic
has been conspicuous in Montana during
the campaign under the name of Colonel
Floyd, proves to be no other than Boston
Charley, alias Charles Mason, who ha
served’terms in a New York pYison anfi
other places. His work is in the confi
dence line. Ha has just swindled a Nor
wegian miner out of $l,30fi. Montana
constables are on his track.
Ue Halls From Georgia.
Boston, Dec. 14. — Robert George,
aged £8, has been arrested fer theft in
Houghton & Dutton’s store. A large
trunk full of stolen property was found
at his lodgings to-day. The thief is the
son of a minister in Georgia. He aspires
to become an actor, and iu order to fit
himself for the stage he came to this city
in September last and joined the Munxos
School of Oratory.
Guest* Driven Oat by Fire.
Gainesville, Texas, Dee. 14.—A fin
originating in Hie Globe Hotel at 3 a. m.
destroyed that structure and three ad
joining business houses. The total loss
is $55,350. Many of the guests of th<
hotel were rescued from the third story
windows in their night clothes.
Are Corbin's Elk.
Janesville, Minn.,Dec. 14.—The herd
of elk bo long upon the* BeGraff stock
farm liave been slapped to Austin C«
bin. on Long Island. This is undoubt--v
lv the finest herd of domesticated elk i..
America, both does and bucks being ad
mirable specimens.
A Fonr-Yunr-Oltl Murderer.
Middletown, O., Dec. 14.—Robert
Ernst, the 4-year-old son of Samuel
Cook, fatally shot Charles Ernst, his 8-
year-old brother, Monday afternoon,
while their mo'her was absent. The bov
would not say anything about the dread-
ful ru-.L.
|L Jf A National Furniture Convention.
Grand Rapids, Mich., Dec. 14,—The
furniture manufacturers of this city met
Monday night, and decided that a na*
tional furniture convention should be
The house met at Si o'clock, and u re-o-
lution by Mr. Calvin, of Richmond, pro
viding that the legislature adjourn on the
:2d of this month, and reconvene** on
the first Wednesday iu July was carr «d.
On motion of Mr. Calvin, tho special
order was laid aside until 10 o'clock, aud
local bills were infciodticed.
By Mr. Berner, oi Monroe, bill to cre
ate a public school sy.->teui in the mwa
of Forsyth.
By Mr. Calvin, of Richmond, a bill
establishing an experimental station and
farm, aud for other purposes.
By Mr. Collier, of Dcoly. a bill to in
corporate the town of Coney, Dooly
county.
By Mr. McArthur, of Montgomery, a
bill to regulate the sale of spirituous liq
uors in Montgomery county.
By Mr. Ali-riiton, of Quitman, a bill to
regulate the management of cattle in the
7hotli, 7«5th and 7ti6th districts of Stew
art county.
By Mr."Taylor, of Dawson, a bill tore-
peal an act; roliii.uing the . ale of intox
icating liquors within a certain d,stance
of Dawscnville.
By Mr. Oliver, of Early, a bill to
amend an act creating a county court of
Early county.
By Mr. Kendrick, of Terrell, a bill to
allow the teachers of public schools to
uio Miller's bur-iness arithmetic.
By Mr. ,Dennard, of Wilcox, a bill lo
create a county court of Wilcox county.
By Mr. MoDaniei, of Carroll, a bill to
prevent tho manufacture of auiii nous
Uquors in Carroll county.
By Mr. Clifton, of Chatham, a bill to
enlarge the jurisdiction of the city court
of Savannah.
In the senate, after the journal was
read, Mr. Boyd mot ed to reconsider the
action of the senate on yesterday cn ti e
bill to amend the constitution koiw o fix
the 8alary of members of ihe It*.Mature
at $200 per diem.
The motion to reconsider was tabled.
Mr. Bice introduced a bill to authori e
stockholders of railroad companies to
make upon mortgages in process of fore
closure against such companies, ani
thereupon become interested in saw
mortgages. , .
Tht; lull provides that when default is
made by any railroad company in pa)*
ment of principal or interest of any
bonds of such company secon d by mort
gage on its property, it shall be lawful
for a stockholder at any time durmg tne
process of foreclosure to paw to tne
mortgagees such a proportion of the sum
due as such stockholders’ stock bears v>
the whole stock, and on such pavmeni
the stockholder to the extent tnerw
shall become interested in said mortgage
and protected thereby.
Mr. Harris, or the third, offered a
olntion providing that a recess of *
general assembly be taken to f|* eh „
Wednesday in July, lb89, after the
sage of the appropriation and tax w
Tho resolution was laid over one
under the rules. ,
The senate received the general app
priation bill from the house.
’ Millionaire Drops Dead-
Pittsburg. Pa,, Dec. 14.—David Si®**
art, partner of Andrew Carnegie-
millionaire iron man, dropped dea
day of heart disease. Mr. Stewart
65 years old.
A 1 heavy ‘frost fell fct
Fla. There wore no new cases of y
fever. Refugees may be ablator,
within ten days. ■?
called to take united action toward so* were precipitated nr^La^ -a^ ^
curing a. better freight deification foi ^ l0 , ** l S^' "athK* had un
furniture. Churles R. Slight, president lrack * JlT , , •„ a Toii*
of the Western Furniture association, Hiram Pigmnn, who killed Ckaig * #
will correspond with other centers, and, ver, in Rowan. Ky., was jjj
if the responses are favorable, the call train at Morebead and lost oota a
will be issued, the convention to be held will probably die. -
In this city in * -.o a •