Southern banner. (Athens, Ga.) 1878-1879, March 26, 1878, Image 1

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,yj . , * m &S2a&mxutis: SB<<iND [’mi -The Haunted -\|iiw. An A lTondwenn.it. Mlm-i'llanaou- AdrertUvim Tiiiku I’auk.— 1 Cremation as a Cure.. XL oni nod Lpoal Advertisomotrtel Fourth I’.xok.—Editorial and l’lii. Notes. VvtM-i f* Fifth I’agk.—Department and Miscclla- nt-ous |iantgraphi. SIXTH Paok.—XiuMc Snoihinp: Maduess. Xlie- cidlanemii AdverUeemenla. Skvkstii 1’a.ik.- Bold attempt a» Barratry. Misi .dlanpous Advertisements. En.mu P.io>c.'—Agricultural Department. Com- menial Market lieport. Miscellaneous Ad vertisement*. markets for the past thirty years that . they'have never ( ruled together. I liaVe Seen silver tfoilars ahove' the value oif Communicated n. gold dollars, and much oftener slfveF' t /, ~77”V * « dol,ar8 . MVW gold dollars, as the Athens, Ga., Marth 18th, < 8. present pulilia’.icd Local Rates of Advertising & Job Work Local Notice* 15 cent* per-dine, 10 cents for cacti additional publication, no display allowed in t tic local oolntnna of tin* paper,. , M urrla^e and death notices ar« v free ofcTinrpo. ' O'aititurids nro iltargedior a'. the rates of ten con .hie. AniioniiocrnuiitsopMindida'.cs and comimini- cations tV coring iudlvid'.ttjl oindidi.tcs, iiiu-t be paid tor ' n advanee. Adve riisioflcnts not marked for any specified time, will be uliarged fir until ordered i nt. rV >b wetttnmst be.caidibr lipid delivi Li' .ion tickets, cash upon delivery. a HMiiJHU tdM*i<aaptt|lertStJfescri tloujk sund Arrearages. -HiWMiT to»s >1 qwj# > nccisias or the uniteo statss f iir»jiut coc 1. f .itbsoribers who do not give cxpvcssnotiee to tin o-nitrarv, are eoiisidered wislii ig to eou- tinuo their anbseption. 2. ifAubaeribcrs order the discontinuance o: thJHF WModieal*, thepnWi*b4ltf' map oo rt <> se ad them uulil all arreuragea are paid . iL.D'aul*##ii* is inductur refuse totuketh peril dicula tYoin t8*<offleo Ml whitdi .&jsy i directed, L|>h>- arffWia reklKUisild^ fitful Mu have ssttly’d tlieir bills ana orJered^them eontiuuCd. i Mit. Editor.—Having promised to give you my opinions in regard to the Silver Bill just passed Congress, I would ask to comply by first stating that I apprehend but little damage and but little good to come to the peo ple or government. The limited amount which the hill authorizes coined wifl'tid more than supplvjiorniiiee&isafrycurrCucv requited by Ingrid, tfnmeilt for its disburse ments arJUATh people will require all they can get'Y^ay their dues to the government; heflee, the silver dollar gone. Let die people come to a strict score-ot economy and force the gov ernment te follow suit; and my word for it, theh^will be no need for the monetizatku* of silver , or a lack of money to debts. I - ^Respectfully, v ft R. L. Bloomfield. That sectlpd^h the bill which ftp|)ro- priates money for holding a (Conven tion and calling all nations to atteu- tion in order that they and us! may form d base of international exchange of money as well as conimoditieft'looks, to my mind, truly American. My opinion is, that you will find that the balance of the world Imve^lottg since satisfied themselveS on these points, and if they have not already, they have a different mode of coming at things than by Conventions. All gi ve * to u ‘iriTtke haste slowly,, and in- these things aire left 1.0 the expenses of gtead : of assuming gossip had ascer- ommunicated. . > U ; EmToiT^&CTiiERx Banner.—I ask the useof your columns to cor rect a misrepresentation of the Ian* guage ueedLby me at a recent Council meeting as Appeared in your last issue through a .Communication from Col. Charbrnmief: I think the gentleman could weJMpive taken the advice he w. l remain at or mr y par, with and they grow tip together aoldfor hbnte phrpift^ SWl* will not the dfcnmstani. rilling ehcb «m 3 .r find its way into* the «*&tt trade. Art(i ■*>*. while r am | l0 .w fe U.« taintd frot^^ne what were my words before makmw his publication. Hi exWjfS tion I would say I was Rummer ; thg tpt;rcliau^.^|il<ls them eniil sutanin and returxis tliem to thair oisy toNeW’Orleans, and lronrt ^'ow l h^fW&'bresonted asking-the removal notny to tlie sibioar £ .5. to Ujte r*nBo5vals^Tom tW irinia taeil bound to ^ivc notion to the puhlieher, nt the i nil of tlieir time; if they do not wish t.o con tinue tukinir it; other fc-.it inrixe.l to send it ot wil. lie responsible until «q express a pax 11lent of sit arrenraseit^ la> ; ’4KMit liit')li*ber. . V* t. r.‘ Athene, in-tearch of voi^ j0 f dfii* fetiftift house and I prepared a rUuterJorlu,cotton, ta.UIdid not tei.-I Uiiia fm^h cologne for the tender wsrtPt well ftrf donte^Qp asti aiid so^lopg as PIANO 1 f("HOSE persona who wish to have thnlr Pin- 1 nos ttined by me will please leave t.heir or- „er- «t the Book Store of llnrke <fc i'lomintr. I i ball remain In Athena but, a fe’v days Jon- (5vr. XV. CHS ATI I AM. Athena, M’cb. 1SV«. Sissol\i*tio3i. ; rpbe Firm of Hood «Sr- Stcpheio hns this day | d’—olVed bv UiitLuil consent. The badness will be continued by the senior jtirlntr, XV.F. Hood, who w ill settle all tin; business of the old I inn. Alliens, (Ll., March 16th, ISTtr,. LINTON XV. STEPHENS. * TO MV FRIENDS. Onluj- to tny protracted illness and inability to attend to tny business in person, I have this .lay sold my interest’ in the business of Hood & stepln-us to my partner, Mr. XV. F. Hood. My f iends and the public generally imve tny t mmks for t lieir liberal patronage and I bespeak I , r mx successor a eolitniuauee of the same. Respect fully, Linton W. FrupuKti at public outcry, "betbru tun Court Hound door, in the Town of DanielsviUe, County of Madison, State of Georyia on tin tn'd. Tuesday n Mav tioxt, lic.xvceti tin; legal hours of sale .be following property to-writ; one trret of land n Madison County coutuiuiuifonr hundred and ibirtv icres on South Broad River adjoining lands of Margaret GriflL-th, S lead Hulloch, Madis.ui M. llwlgc and .lease W. Griffieth. Sold as the property of l.iudsey J. Cunningbaui one HI to satisfy a n. fu issued from Xludisoi, Superior t 'ourt in favor of Robert 1’. Griff eth Projierty pointed out by plaintiff. Notice givea to tenan t m possession. Tliis Man-li 16th 1878. TUOS. F. BAKER, Deputy Sheriff. ni:»rch.S6.50d.—pxlfo. DETROIT FREE PRESS. T UB FREE PRESS is one of the very f, w Northern papers liuving any considerable circulation in the South, or xvuich desires ar.d publishes Southern correspondence. There is liardlx a locality in the South xx i.ere this pap.-r is not taken, and wlieie it 1 us nut secured warm friend*, for the interest it bus taken in Southern uffuits. It ha«, udvojate-1 all incus- iires looking to the development of new indus tries, the establishment if permanent peace and friendship, and the election to othce of representative men whose administrations mint be prolific of peace and harmony. During the present year The Rkes Press will publish article* from the pens of various State Governors in the South, letters from eeu- ters of business, and communications from those iu position to kttoxv the needs of their State am! can suggest beneficial change*. It further desires to bear from p unter-, fruit grower*, etookrairers, miners, and in.... u fact it- rers. Its communications will interest thous ands in the North who are restless lor a charge of abiding place, and must be of benefit to the South. All department* in the Frei: Prem will be maintained und made full ot interest to all reader*, and it hopes to make many new tVicndft. Address Dktkoit Free Press ( o., Detroit, Mich. J OB WORK OF ALL DEtJCKIl tion ncutlv rioue at this ollice, 1 "3P5ju the planter fbrnisbes the ccttoa tapay jllAa foreign debla of' f&I merctuiri^ 'alt wifi work xtrfttf (h^- WivVA Sill; $11 will ttoik-'drell’ *'^ciept the fo-eit Hieon ven ien ce gi ven t hii Ti»arory*jjB>a ■^artment,’’ ‘feji long ins thfi people quire the silver to pay government dues, hut should there remain a sur plus at any time you wou’d see the silver dollar at once diffor liom the gold dollar in market value; and just here I hold to be the great inconsis tency of making two commodities le gal money ; you are forcing under values through the law. You can, by law, force a man to take a certain amount of silver for a dollar and es tablish its value to be the same as a certain amount of gold, but you cau- not make a law which will make the. creditor feel that be has received the' value of his debt when his debtor pays him in a currency five per cent. i ^ • • i • ... v depreciated iu comparison with anoln- er legal tender which the law holds to be worth no more. Now this could 1 all be made harmonious, by eutering gold or silver in each and every coii- .tract; blit this is so inconvenient thui all commerce prefers to base all i :s operations on the poorest or least val uable currency, hence we have it in all cases. Should there be half a dozen kinds of currency you will find on ly circulation. Wo. have four kinds of circulation—you may say five kinds—and yet how often do you meet with more than too. You see no gold, you see no greenbacks, anil now since the eighry-tive dent silver has been put in circulation you see no stamps. We have silver worth nine ty-one or two cents and national bank bills which none knows the value of. If we: had but one circolatiag me dium or but ouc kind of money that money would never be sold on the market. If that circulation xras greenbacks you would see gold sold as other commodities on the market. If gold was our legal tender and only ktnd of money it would never be sold on the market; it would have a stan dard value of its own and all other articles would te measured after its standard. 1 notice Mr. Stephens holds that there cau be no harm in monetizing silver provided you make the silver coin equal in value with the gold coin. This would do xx*ell enough, I agree, provided you could keep them the same in value; but nil men must know who lias watched the tance three quarters of a days’. work- He was a good moulder, ■ able-bodied. i Q and twenty-five years ; of age. -.Well, i what was the trouble ? The trouble was just here :> Ho was looking foir ra • situation a* iaou!]ler, Turkey or Russia lie might scour the world and not find a vacant place, from the fact that the necessities; in his tirade demanded three workmen ten years ago, where it requires one to-day, and the result, of course, is a surp'us of labor, and the result of this is that those who have the mis fortune to be thrown out of employ ment iu these mechauical arts must seek it in other branches of business. The agricultural never g.ets more than it can feed and clothe. It is utterly out of the question for the agricultu- Ijfral department to become overstocked with labor so long as there is laud to cultivate, and into this department niany must go before the mechanical arts wi>l be made paying in manufac turing sections. , ,. The trouble xiith the planter in our rural sections is simply this: He looks back on the years of prosperity as they appear to him—contrasts', them with his present condition, and he thinks all his troublescc tne from lack of a sufficient amount of currency to carry bn his business. He lias but one cry, money, money, money ! But let us ex amine for a ruomeut. I remember when he purchased bacon o.t twenty- five cents; hay, two dollars; corn, two dollars; sheeting, twenty cents ; calico, thirty; sugar, coffee and all other articles in proportion. 1 [is cot* ie ladies’’ &c., but that le better tor the North lioad to buy the property ♦bubled by the guano and lk4t thani <9ase tbA gu ano from easy access to our mer chants,’’ and added, in jest, “or sprin kle cologne around their doors every morning.” I hope my uniform cour tesy to the ladies of Athens is a suffi cient guarantee to the truth of the statement that this remark was not intended to give offense to any of them. As to the question, “if it xvas prop er if it was delicate,’’ &c., in me to prepare the paper I did, I would say that being an officer of the Railroad, appointed to protect its interest, it seems fiilly as proper and delicate as for the gentleman to advise the Coun cil and myself the manner in which we should conduct our business;. Much might be said as to the effect of moxung the guano houses out of the city limits as xvell as the decision of our Supreme Court concerning gu ano, but these matters xvere discussed by the Council at its meeting before their action and it doe3 not now de volve jpon me to renew the discus sion. Thanking you for the space I ha\’e cccupied, I am, Very Respectfully Jas M. Edxvards. Athens, M’ch 19th, 1878 and John Q. Tanner xvere plaintiffs, and petitioners, defendants, in which the former charged that a xvarehouse in the town of Acworth, used by petitioners as a place of storage for commercial fertilizers, was a nuisance to them.- Petitioners moved to dis miss said case upon the following grounds, to-wit 1st. Because the nuisance com plained of, if any, xvas a private and not a public nuisance. 2d. Because there is no ordinance of the town of Acworth making said depot a nuisance, or declaring hoxv the same may be abated or. removed. The. motion xvas overruled and petitioners excepted upon each of the grounds aforesaid. The evidence showed that said warehouse xvas near the Tight of xvay of the Western and Atlantic Railroad Company, and about one hundred and fifty yards east of the depot in the town of Acworth; that on one side of said xvarehouse there xvas a double railroad track and a xvide street, and on the other . aide a .wide street, separating it from any other house; that one Joel Chapman re- sided nearer to said warehouse than any other person; that his xvife, on one occasion, since fertilizers bad been stored in said warehouse, was troubled with nausea, and had lost one meal other side is the affidavit and bond of the petitioner. If the petition, properly verified, makes such a case as requires the writ; it ought to issue. Tl»e only mode of contradicting the petition. provided by law, is the official return of the inferior tribunal, made as the law requires. It was, therefore, error in the Judge to hear and consider xvhat came to his office out of the hands of the other party, and not as an official return to the certiorari. The plaintiff in certiorari has, under section 3994 of the Code, a right to traverse even the return, and it is entirely irregular to permit his statement in the petition to be controverted or supplemented by his opponent on It’S application for the writ. - 3. We think this petition makes out a jrrima facie case. The pro ceeding the « elondant is called upon' to answer ouj^ht to notify him what. is complained of. A nuisance is a* very broad term. The proceeding 5 * to abate is a very harsh remedy, and everything should appear on the face of the proceedings to justify it. Fair notice of the nature of the complaint ought to be given. The defendant' may, perhaps, if H; be pointed out in what manner he is hurting the com-* plaiiiants, take efficient mentis to stop’ 1 the evil. We do not think the dr-" * ll '“ . I****.**; dimu-v use of goano depot is a very catted - tl3 »fattc ^iiiotto^ ^^ dav’H efr- [Communicated.] Guano as a Nuisance. of , , , ,. Mr. Editor :—The action ton brought lets of money; h.s sup. ; Couni; a vith reference to Prcxf. plies took lots of money, and he was bonuiers petition to have the Guano not satisfied at that, but bought much that he could r.6t pay for, and novy r eastem Jililroad Depot> was based to-day, were it not for those follies follies supplied by plenty of money and credit, the planters would be the best to do people in our land. The same holds good with 1 our cit ies ; they put on extravagances which (pardon me for saying) have not been doffed even at this trying hour of re pudiation. See cities spending thous ands on thousands for foolishness, and at the same time refusing to pay hon est debts, and can we xvonder at this ? We have been set examples by those sovereign heads xvho are so proud that they xvill not allow law to reign over them. The times are commer cially dishonest. Self-sacrifice is lost in the commercial world ; it has not loit even its name; it has altogether House removed from the North upon the following decision of the Supreme Court on that subject: Martin L. Ruff et. al. plaintiffs in error, vs. M. M. Piiillii’s et defendants in error. Nuisance. Certiorari. Before Judge Knight. Cobb county. At Chambers. February 14th, 1873 Mirtin L. Ruff, John R. Winters and Milledge G. Whitlock, presented their petition for certiorari to ihe Honorable N. B. Knight, Judge ot the Blue Itidge Circuit, making the following; case: On February 7th, 1873, there came on to be heard before the President and Commissioners of the town of Acworth a certain cause in which M M. Phillips, Thomas D. Perkerson from nausea, j^fore said fertilizers had had been thus stored, but that, in bis opinion, in this instance, the nausea was caused by the odor arising from the fertilizers; that John Q. Tanner and bis wife and child were nauseated by the odor from said ferti lizers ; that he had been thus affected before said fertilizers • xvere stowed in said warehouse; that no physician as called in ; that petitioners proved that neither before nor; during..the I-.il was there stored in said ware-, house anything but five car loads of what is known as “ John Morrimau’s Ammpuiatcd Bone Dustthat there was nothing in said fertilizer calcu lated to produce disease, but, on the contrary, the ammonia contained therein rendered the . odor tbcrefrom> healthy. , u . , ; The. President and Commissioners aforesaid adjudged said warehouse and its contents to be a nuisance, and ordered that the same be abated within ten days, or that a fine of ten dollars xvould be assessed against petitioners, and said warehouse and its conteuts would be moved at their expense. McCay, Judge. 1. Section 4027 of the Revised Code, provides that “ A public nuisance may be abated on the ap plication of any citizen of the dis trict, and a private nuisance on the application of the party injured.’’ Coming, as this does, immediately, next after the sections pointing out the mode of abating public nuisances, it is impossible to say that a private nuisance cannot be coated. Abated is a technical term. Neilhev an ac tion for damages nor an injunction can abate a nuisance. An injunction may prevent, and a verdict for dama ges may punish, but neither of them will abate a nuisance. We are clear, therefore, that under the Code, a private nuisance may be abated by the same tribunal, and under the same provision!! as are provided in sections 4023,4024, etc., of the Code. 2. We think the Judge was bound to judge of the sufficiency of the petition from the tacts stated in it. The protection given by laxv to the periencc shows thiit every variotx these manures arc carri’eiTupon rail-"' mads, stored in bouses, sold' iu market, handled by employees, haul ed thicugh the streets and put ont 5 upon land without serious annoyance 0 to anybody. Wc suspect the stomach which sickens at the smell of an ar- ,; tide now in such common use, xvhicn, in its worst form—Peruvian guano— 1 is carried by the ship-load thousands of miles, is not a stomach of ari or dinary kit d. It is too nice, perhaps, from some disease, for ordinary life. * It is not against exceptionable organi zation that the 'nuisance arises. To make a thing a nuisance it ought to be of such a character as wonld hurt or annoy in the legal sense of those) atistng words —ordinary people—not nice, susceptible, sickly people. ‘ 4. We think, too, that the judg ment of the Court directing the re moval of the house and affixing a fine was beyond the necessity of the case. Why should the house be removed ? Cannot the nuisance be removed by removing the storage ? Nor had the Court, in the capacity in which it sat, power to line. We think this certio- rari ought to have been granted. Judgment reversed. Member of Council. I- - “ German Syrui*.”—No other medieine in the world was ever given such a test of its curative qualities as Boschee’s German Syrup. In three years two million four hundred thou sand small bottles of this medicine were distributed free of charge by Druggists in this country to those afflicted with Consumption, Asthma, Croup, severe Coughs, Pneumonia and other diseases ot the Throat and Lungs, giving the American people undeniable proof that German Syrup will cure them. The result has been that Druggists in every town and village in the United States are re commending it to their customers. Go to your Druggist, and ask what they know r about it. Sample Bottles 10 cents. Regular size 75 cents. Tltreo doses will relieve any case. For sale by R. 1'. Brumby n Co.