The Dawson weekly journal. (Dawson, Ga.) 1868-1878, May 18, 1871, Image 2

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The Dawson weekly journal., May 18, 1871, Image 2

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Newspaper Page TextDAWS OX JOURNAL. f R WESTON, Editor.” W. F. COMBS, Associatb Edltok. i> j s o „r, a Thursday, .flay 18, 18*1. t-W" Heading matter OH every pagr.^fa JfJ "VVe publish elsewhere the proceed ings of the South Carolina tax payers’ Convention, 'l'ho formation of such a body was made nocossavy in conse quence of Radical legislation, and great political und financial reforms aro expected to result from its action The Savannah Newt says that a tel egraphic dispatch was roooived at the Custom House a few days ago by Col. Robb, Collector of Customs, from the Secretary of tho Treasury, instructing him to order tho Revenue Cutter, Nansemond, to proceed to Fornandi ca, Florida, and report to tho United States Marshall, who would deliver to him some prisoners to bo carried to tho Dry Tortugaa. The supposition is that the prisoners alluded to aro those rccontly detected counterfeiting five dollar gold pieces, and probably tho ex-Rovcnuo Collector Oould is among tho number. Wk surrender a large portion of our space this week to a decision of his Honor D. B. Harrell on tho constitu tionality of tho District Courts, tiro is buo having arisen from tlio refusal of tho Ordinary of Randolph county to levy a tax for tho payment of tho pro rata share of tho salary of tho District Attorney for tho 11th Senatorial Dis trict. This document should havo ap peared last wook, but was unavoida bly crowded out. Wc boliove Judge Harrell’s decision ou tlite important j> iat was tho first to be delivered by a Circuit Judge in tho State, and right I or wrong there is that much impor tance attached to the paper. Wo see since the delivery of this opinion that tho Attorney Genoral for tho State has been called on for his opinion, who docidod as did Judge Harrell. The Georgia liailroad Conven tion* Tho question of tho ratification of the bouds of tho State Road lessees by tho Georgia Road was not sottlod. Tho following is tho text of tho pro test offered by Hon. Linton Stephens on Thursday. It wa3 signed by many stockholders: Augusta, Georgia, | In Convention of stockholders of (_ tho Georgia Railroad and Banking ' Company, May 11th, 1871. J Tho undersigned, stockholders in said company, do hereby protest a gainst action of tho Directors in pledging said company as security for the persons or so-cailed company who are holding"tho recent lease of the Western and Atlantic Railroad for a term of twenty years, hereby denying tho right and power of any .number of stockholders, to bind other stock holders, or to bind tho Georgia Rail road company, as a company, on said contract of socurityship, and declaring our intention that neithor wo, as etock- holders, nor tho company as a com pany, 6hall bo held bound thereby in any respect, nor to any extent, how ever small or limited. Wo further declare that if the act of tho so-called Legislature providing for tho lease of the Southwestern and Atlantic Railroad shall be constructed as such an enlargement of tho charter of the Georgia Railroad and Banking Company as would authorize said con tract of seem itysliip, then wo protest against said enlargement, and refuse to accept tho same, believing as wo do said contract of socurityship is entirely outside of tho charter and scope of tho Georgia Railroad and Banking Com pany, and that tho charter cannot bo enlarged so as to embark the company into anew business or involve thorn in liabilities outside of tho charter with tho unanimous consent of all tho stockholders. From the Spirit World. —Tho Ro ligio Philosophical Journal, an oxpon ont of Spiritualism publishes a long communication as coming from John Wilkes Booth, who assassinated Abra ham Lincoln in 1865 and was after wards slain by pursurors for commit, ting the deed. After a long account of visions in tho spirit world when ho had awakened to find that he had ex perienced tho ehango called death ho addrossod tho medium, Mary J. Mont gomery, of Cricago, through which the transmission was made as follows: I have given a brief sketch of my experience in spirit-life, but have given but a faint idea of the extreme suffer ings of the first part of my experience after leaving the body, for language fails me in giving anything of a cor rect idea of it. 6'an my bitterest oue my wish me to suffer moro intensely, or for a longor duration ? Is not tho American heart ready to grant the boon I crave ? and in this way, I ask of thorn their froo and full forgiveness, that I may no longer bo held back from the natural inherent birthright of all souls, —progression. I now ask my countrymen, one and all, to forgive the wrong done them. This i s all I can do, and when I have done the best I can, am told that I shall be justified. I would repeat, “Blessed are the mer < iful for they shall obtain mercy.” Please have this communication published aud oblige your friend and Li other. Fraternally, Sows V. r ii,Kt. 3 Booth ! A Week from Home. i The pleasure of an excursion over gooo lines of railway with pleasant, traveling com panions, to find at tlio end of the journey a host o( warm friends not seen for years, can better be irnaginod than described; and koowing that a minute description of what was seen and luard to make ns happy would prove monotonous to our leaders, we pasa by particulars, and only publish a f.w “dots by the way." The object of our mission being to attend the meeting of the Press Convention at Au gusta, the first thought ou entering the cars was to find an appreciative cotnpanion. No sooner bad wo found a seat than, casting an cyo around, we beheld something «nu«ua! (f) in the editoiial profession, an out ar.d-.out Christian—at least he gave that as his nam< —(we will wait till we see whether or not our knife comes homo before giving him the title in character.) However, we approached him and found him, as we had before, all 0. K. At Smithvilie we were joined by Cos!. Styles, of Albany, and through the long watches o the night, a ride that w ould otherwise bavi pr oven weaiirome, was relieved of its monot ony by the topics so freely and intelligently discussed by our companions, Arriving &'• Macon, we “fell in" with Bro's. Gorman and Waterman of the Talbolton Standard and Houston IlonieJournal, two cleverer meu than whom ne'er took quill in hand. Leaving Macuu, there was not much to in terest until we arrived at llilicdgeville, n place notorious iu Georgia’s history, espe cially when contrasted with the present Cap itol, as being tho place where, in days oi voro, truth aud justice were trumpeted in its legislative halls, and the souud theteof being caught upon the hreezo, echoed aud re-ech oed from the mountains to the seaboard, put ting to shame crime aud vice lu their thous and forms. At this point our company began to in crease, not by the accession of quill-dnvets —oh, no 1 but Papa was going to tho P.ai! road Convention, and of course daughter must go aud see the sights, do some trading, etc. Thus the crowd continued to aud although there were neither lakes, riven or landscapes to lend enchantment to the view, we can prove that “the scenery iu the immediate vicinity of where we sat could no; have been equaled.’’ With these comfortable surroundings wo held our position firmly,un til we reached our destination, only regret ling that Augusta was not about ouo hun dred miles farther of!'. Registering at the Globe Hotel, we wer, the guests of J/r. Uuett, during our tempo rary stay. A s the proceedings of the Press Conven tion is something that would not interest th mass of our readers we will not embody them in this paper, and pass on to speak of Southern progress and enterprise, as well a.- what we conceive to be the leading idea amo g some of those who coutrol capital aud sway influence. At 10 o’clock on the morning of the IRh, we assembled at tho local depot oi the South Carolina Raihoad where, as the guests of the Presidents of the Langley A/auufocturing Company, aud tho Bath Paper Company. Messrs. W. V. Sibley, and Win. Craig, wer* invited on hoard a opeciut train politely tee tered by Mr. Ad. W. Hull, Agent of tba road. First on the programme was an inspection of tbo Langley Cotton Milts situated eight ' miles from Augusta, through which establick ment wo were shown by the efficient Super' intendent, Capt Foster, Tho luaoliiuory of this Manufactory was put in operation on thr 29th of March last. It was agreed, fleet that the Mill should only be filled tweahird' full, but tho company have since determined to fill to its utmost capacity, which will be 9,000 spindles and 800 looms. The clotL manufactured is of the best quality, and would do credit to New A’ngland. Many of the opera tires- both male and female, are the poorer classes of our own people, and tc view them as their eagle eyes glance back wards and forth for the purpose of keeping everything under their and ffereat charges it, order, or detect ll tws, one would think they were strangers to want and happy in then vocations. Wfojr cannot those factot ies be counted by scores in the -Southern country 1 We tru3t the time will come when their im portance wilt be appreciated, and as we have stated heretofore, so long as our manufac turing interests are neglected, just so long will we be a penniless people, comparatively speaking, and our pauper population increast with each succeeding year. The next place visited was the Bath Paper Mill, where the modus operandi of manufac turing was explained in all its parts by the President, Maj. Craig. The capacity of these Rills is two tons of paper day. Here again were operatives of almost every size and age, trying to “turn an honest penny,’’ with which to relieve want, whiolt is the le gitimate fruit of idleness. After inspecting this establishment we were invited to partake of an elegant lunch, with etceteras, aud every time the waiter waa passed we took a little more of the etceteras, that being the best part of the iunch. This inspection was thorough, protracted and ani mated, and brought forth tho champions of wit and wisdom. Southern progression and Southorn independence was the watchword of all whose voices were heard in the discus sion, and ive are of opinion that if the Press of the country can wield an it fiueueo in that direction, not many seasons will come and go before tbo South will manufacture a large proportion of her own products, thereby furnishing profitable employment to those whose idle hande now find mischief to do. This is one of the main starting points to wards strengthing and elevating society, that bulwark which alone can secure the vantage- ground over oppression aud despotism. We have already written more than will be read with interest, and will only add that it Was with many regrets we left the beau’i ful city of ylugusta, and return many thanks to the Brass, the indomitable Walch, of the Chronicle & Oentinel especially, as well as Jfiijors Gray, Bryson, Me Laws, and others, for their hospitality. Throo millions of dollars worth of bacon came over tho State Road into tho South-east in four months. The President of tho Georgia Railroad in his annual report to tho stockholders, attributes au increaso iu receipts for freight of thirty-odd thousand dollars over the previous year to tho fact that thr amount of provisions shipped from Iho W t was unusually largo ( Dceision of Iltirrel! on tlio Constitutionality of the District Court, Delivered al Cutlil>ert, Ga. 1 Application JOSEPH II TAYLOR, for VS. Mandamus M. GORMLEY ; ► May torm, Ordinary of tho county of 1871, Ran- Raudolph. dolphKupe rior Court. Joseph II Taylor prosontod his pe tition alleging that ho is the District Attorney for tho Eleventh Senatorial District ; that, as such, a certain amount of salary is duo to him ; that M. Goruiloy, the Ordinary of Randolph county, iu said District fails and re fuses to provide for tho payment of' that proportion of petitioner’s salary which is duo from the county of Ran dolph. In pursuance of tire prayor of said petition, a rule ni si was issued, call ing on said Ordinary to show cause be fore me, on a day therein named, at Dawson, Ga., why the prayer of the petitioner should not be granted and tho Mandamus issued. At tho appointod*timo and placo the said Ordinary nrado answer, admitting tho facts alleged in said petition, hut denying that said Joseph 11. Taylor is a legally appointed District Attorney, and that ho is entitled to havo and re ceive the salary provided by law for such office. This was the question argued before mo and submitted for my decision. — After a critical examination of tho law on tho subject, I arrived at tho con clusion that, while under See. 7, Art. 3 of theJConstitution of 1799 the Judges of tho Superior Courts had power, out of torm time, to issuo writs of Man damus and other extraordinary writs of a kindred character. Under the Constitution of 1863 thoy havo not such power, hut tho samo is thereby exclusively vested iu the Superior Courts, oo nomine. On suggestion, therefore, and by consent, the proceed ings woro amended, and tho ease trans ferred to tho May term, 1871, of the Superior Court. Is tho petitioner entitled to tho Man damus prayed for iu tins easo V This involves tho legality of his appoint ment and the consequent validity of his claim to tho office. As the case stands before tlio Court, this io tho question, and the only question, for decision. 1 proceed to consider that question. Iu this investigation it is important to koop iu view tiro organic law creating tho District Court to be found in Sec. 4, Art. 5 of tho Con stitution, as follows: See. 4, Art. 5 of tho Constitution proscribes: 1. Until the General Assembly shall otherwise direct, there shall be a Dis trict Judge and a District Attorney iu each Senatorial District in this State. 2. Tho District Judge shall havo jurisdiction to hoar and determine all effonses not punishable with death or imprisonment in tno I'enttentlary, and it shall bo tho duty of tho District At torney to represent tlio State in all eases before the District Judge. 3. Tlio District Judgo shall sit at stated times, not loss than once in each month iu each county of his District, for tho trial of offensos, and at such other times as tho General Assembly may direct. 4. Offenses shall be tried before the District J udge on a written accusation, founded on affidavit; said accusation shall plainly set forth the offense charged, and shall contain the name of the accuser, and bo signed by the District Attorney. 5. There shall bo no jury trial be fore tho District Judge, except when demanded by tho accused, in which case tho jury shall consist of seven. 0. Such civil jurisdiction may bo conferred upon (lie District Judges as tho Goneral Assembly may direct. 7. The District Judges and Attor neys shall hold their offices for a pe riod of four years, and shall receive for their services such stated compen sation, in their respective Districts, as may be provided by law, but in no event shall their compensation bo iu any wiso dependent upon fines, forfeit ures or costs. From which it will be seen that the District Court is created by tho Con stitution. It, in common with tlio Su premo Court and tho Superior Courts, derives its existence from that instru ment. They are all Courts provided for iu the Constitution, taking their origin from tho same source and rest ing upon tho same foundation. It is clear that the Legislature was to have no agency in - tho creation of tlio Court. That all was completed by tho Consti tution. Tho Court shall exist until “tlio Goneral Assembly shall otherwise direct,’’which confers upon tho Legis lature a power not to create but to limit tho existence of tho Court. It is to bo observed that this, together with that of providing for tho compensation for tho olficers, aro tlio only powers conferred upon the Legislature ra con nection with that Court. That in each Senatorial District there shall boa District Court, tho torms of the Court, its jurisdiction, tho tenure of its otfices; that tho District Judge and District Attorney shall receive compensation, aro matters distinctly provided for and well defined in tho organic law of the State. To this extent -thoro can I be no question as to the constitution ality of said Court. It is, however, insisted that, though tho Court may bo constitutional, tho organization of it is not, that the Judge and Attorney thereof were not appointed iu tho man ner prescribed by law and Sec. 2 of tho act of 1870, which roads' as fol lows, to-wit: “The District Judges and Attorneys shall be appointed by the Governor, with the advice and consent of tho Senate, and shall hold their offices tor a period of four years,” is cited to sus tain that proposition. This section (like many others of tho same act) is a mere transcript of the Constitution or declaratory tiioro cf, and does not confer a different power of appointment; nor could it change cither tho authority or the mode of appointment already fixed by instrument iu order to ascertain the manner of uppdiutmuut therein con templated. If tho petitioner lias boon appointed in accordance with tho man nor pro scribed in thw Constitution, ho is a le gal officer entitled to exercise the functions of his off - « and to demand aud receive the compensation affixed by law for such afficcrs Paragraph 1,9, Art. 5 of tho Constitution provides that “the Judges of the Supremo and Superior Courts, tho Attorney General, Solicitors Gen eral, District Judyes and Attorneys shall bo appointed by tlio Governor, v. ith the udvico and consent of tho Senate.” So that tho Constitution not only cre ates tho District Court, hut provides for the appointment of its J udge* and Attorneys, and tho act of 1870 lias nothing to do with the question. And let it ho remomtorod that tho power to appoint and tho mode of appoint ment are tho same as for Judges of tho Supremo and Superior Courts; tho same regulations govern both, and an appointment that would bo legal and proper iu ouo caso, would certain ly bo bo in tlio other, aud vice vet fid. - But it is maintained that there can bo no appointment in this case without the advice and consent of tlio Senate, , Now, if the powor of appointment to thoso offices stopped here, there would , lie no question taut tho learned coun sel for respondent would bo light in , his position. j But there is another clause oi that j instrument, of equal force and digni ty, which makes provision for the ap pointment of officers in certain eases : Far. 14, Sec.* 2, Art 4 proscribes, “When any offico becomes vacant by death, resignation or otherwise, the Gov ernor shall havo power to fill such va cancy, unless otherwise provided by law ; and person* so appointed shall continue in office untd a successor is appointed agreeably to the mod o pointed out by the Constitution, or by law in pursuance thereof.” This clause was evidently intended to provide for temporary appointments, to fill vacancies, iu cases where the pub lic interest might suffer by waiting un til permanent appointments could bo made. And this includes all vacancies. \ It includes vacancies in the Supremo, tlie Superior and District Courts, tho j Attorney and Solicitors General and j District Judges and Attorneys, and ! all officers provided for by the Consti tution, Ami tho power to fill one is com mensurate with tho power to fill an other—no more, no less. Now, if a Judgo of tho Supremo or Superior Court should die, resign, or if tho office otherwise should becomo vacant, no one would deny the author ity of the Governor under this clause of tho Constitution to appoint a tem porary incumbent, without confii'ma tiuu by tho Eon ate, to hold until tho office was regularly filled by a perma-* nent appointment msdo in conformity rvhh far. t, cSec. 9, Art. 5,“ By th« Governor, with tho confirmation of tlio Scnato.” Tho present Chief Justice of the Su preme Court now holds his office by virtue of an appointment under this section. Judgo Wright, of the Talla poosa circuit, appointed to fill tho va cancy occasioned by the resignation of Judgo Bigby, also does. Both of those gentlemen have been appointed by the Governor, not yet conihmed by tho Senate, and no one has over doubtod tho legality of their appointments. Again; if tho Legislature should create anew Circuit, could any lawyer bo found who would deny tho powor of the Governor to appoint a Judge, to preside in such new Circuit until his successor was appointed agreeably to the mode pointed out by the Constitution. One of the Circuits of tho State is now iu that condition. Tho Alapaha circuit was created by the last Legis lature. A Judge was not appointed and confirmed under Par. 1, Sec. 9, Art. 5 of the Constitution, and the Governor, as it was hD duty to do un der tho power granted to him by Par. 14, See. 2, Art. 4, appointed a Judge to fill tho vacancy, until a regular ap pointment could be made under the other section. Does any ono doubt his power to do this ? Certainly not. Our own Circuit affords an instanco of this hitherto .unquostiqped power.— It was organized by an act of the Leg islature passed Feby. Bth, 1856. At that time tho Judges and Solicitors General, aud tho act creating tho new Circuit fixed'the time of holding an election for a Judge and Solicitor Gen eral on tlio first Monday in April next ensuing. • A vacancy existed, and would have continued from tho 9th day of February until it was filled agreeably to the mode pointed out by the Constitution—by an olection, if thoro had been no power to fill it until the regular appointment. That pow er did exist- It was found in the Con stitution. It is thoro at the present time. It is found in Bar. 1, Sec. 3, i Art. 5, which declares that “there ; shall boa Judge of tbo Superior ; Courts for each Judicial Circuit, and : in Bar. 4, Sec. 2, Art. 4, copied in j words from the old Constitution, which gives to the Governor power to fill va cancies occurring by death, resigna tion or otherwise The Hon. Ilerschel V. Johnson, distinguished alike by tho purity of his character, his statesman ship and legal attainments, who at that time was Governor of tho State, and who before that timo had adorned tho Bench ns a Judge, had no doubt of his power under the Constitution, and appointed tho Hon. David Kiddoo, of this place, to fill tJw vacancy until a Judge could bo elected. Judge Kid doo held the office until tho regular succession provided for by the Consti tution, and the legality of his appoint ment has never been questioned. Par. 1, Sec. 4, Art. 5 of tlio Consti tution is as explicit and imperative that “there shall bo in each Senatorial District a District Judge and Attor ney,” as Par. 1, Sec. 3, Art. 5 is that “thoro shall boa Judge of tho Supe rior Courts in each Judicial Circuit. How the power of appointment can bo uphold, even unqwrlonnl in tho one easy and denied iu tho ether, when both office ’ me cv.-atvd by the some .Constitution, both required to bo filled in the 6amo manner, and tho provis ions of tho law as to supplying vacan cies in both aro identical, is, I confess, beyond my comprehension. But, again : it is denied that tlmro was a vacancy in the offico of District Attorney, at tho timo of Mr. Taylor’s appointment, becauso no appointment had over been made to that office, and learned counsel insists that there could bo no vacancy unless the vacancy had been proceeded by an incumhent. Let us examine this position : It cannot bo denied that tho offico of District Attorney was created by tho Constitution, that it exists by vir tue of the provisions of that instru ment. And I think that I have dem onstrated that un act of tho Legisla ture was uot necessary for tho exor cise of its well defined powers. It had a jurisdiction: terms, mode of proceed ing, appointment of a Jndgo and At torney, all provided for. It could have, as a Court, entered upon its functions a3 soon as tho Governor could make the appointments, and to enable him to do so required no act of tho Legislature. Where the Consti tution is explicit, tho aid of legislation is not required to give it effect —t i h Smith vs. Joiner, 27th Ga. R., p. 67. But say that it did, that it was vital ized by tho act of 1870. Then, at any time since that act wont into operation (Jan. Ist, 1871), the Governor would havo had the pow er, under Far. 1, Sec. 9, Art. 5, to have made an appointment to fill said offico by the advice and consent of the Sen ate. Why ? Because there was a va cancy. He could not appoint to an of fice already filled, where there was an incumbent. Well, if there was a va cancy, if there was no incumbent, did ho not have as much power to fill such vacancy under Par. See. Art as ho did to fill it under Far. Sec. Art. ? Certainly so,. In tho ono caso tiro appointee would only hold temporarily until his successor was regularly appointed and confirmed, in | tho other he would hold until the end ' of tho term. Tho idea thitt there could ho no va cancy in an office unless there had been a previous incumbent, could on ly havo arison by confounding the of fico with the officer. But tho office exists independent of tho incumbont. That it can and does exist is the very reason why tliore can be a vacancy.— If the office depended upon tho officer for its oxistonce, at the death, resigna tion or otherwise parting of the officer and office, or oven by a failure to ap point, tho office itself would bo extinct, and there would bo no vacancy because there would bo no office. What is a vacancy ? What is the moaning of the word vacant ? Web ster defines vacancy applied to offices, to be “the state of not being filled, destitute of an incumbent, want of tho regular officer to officiate in a place or office, not occupied, destitute of a par ©on to till it.*' Vacant he defines, not filled or oc cupied with an incumbent. Neither of these definitions presupposes a for mer incumhent. Both assume an ex isting office, not filled or occupied—va cant, It may be by death, resigna tion or otherwise, and under this torm, otherwise, it may be that it,was vacant because no incumbent kaA been ap pointed to fill it. To insist in law that a vacancy in an office can exist only when proceeded by au incumbent, would boas unrea sonable as to assort in Philosophy that a newly ereeted*house cannot bo va cant because not previously occupied. To direct attention to this doctrine is to refute it, There is only one otlior point that I havo heard argued against tho Con stitutionality of the Court, and I think that has never risen to tho respecta bility of legal argument. It was ex pressly reputiated by the able and learned counsel for respondent in this case. It is inserted that the Court is unconstitutional becauso tho act of the Legislature (which those unlearned in tho lav insists created the Court) was passed when more than forty days had elapsed from tlio meeting of the Leg islature, and that tho session had not been prolonged by a two-thirds vote of its members. I think that it has been fully demonstrated that the Court was created by the Constitution and not by tho act of the Legislature. j Tho only thing required of tho Leg j isiaturo in reference to the Court, is j found in Par. 2, Sec. 10, Art. 5, which | prescribes that “tlio General Assom ! biy shall provide for the equitablo ap | portionment of the compensation of ! the District Judges and Attorneys bo i tween tho counties composing their Districts, and ahali require tho money ari ing from fines and forfeitures in tho District Court to bo paid into the treasuries thereof.” Sec. 2of tho act of 18?0 moots this requirement. AVith this simple section, as to the compen sation of its officers, the Court was prepared to go on in tho discharge of its functions without further legisla tion. It might have done so without this, if its officers could have discharg ed their duties without compensation, a burden which tho law imposes upon no citizen. So, after a close investigation of the whole matter, I am uuabl9 to see tho least roason for tho excuso urged by tho Ordinary tor tho non-porformanco of a duty plainly and distinctly re quired of him by Jaw. I therefore grant tho application for a Mandamus absolute, to compel him to take steps necessary for the pay ment of tho salary of Mr. Taylor. Tnu Disfranchised. —A Governor ill one of the Southern States estimates tho number of disfranchised in all tho Stab , o’ 159,500, divided as follows among tho fourteen States: Virginia 20,0u0; North Carolina 20,000; Geor gia 18,000; Alabama 15,000; Tonnes see 11,000; South Carolina 12,00 p Mississippi 12,1)00; Texas 12,000 Lou isiaiia 10,000; Arkansas 8,000, Ken tucky 7,000; Florida 2,500; West Vir ginia 1,000. A margin of 25,400, lie thinks, would still make an approxi mate that would be reasonable. Gcorgin Hew». By tho middle of next week passen ger trains will run through from At lanta to Gainsvillo. Corn and cotton about Bainbridgo were considerably injured by tho recent frost. Snow in Atlanta Weduosday. Not enough for a sleigh ride. Mr. A. J. Macarthy, formerly editor of tlio Albany Patriot, died suddenly at tho residence of his sister, sixteen miles from Albany, last Friday wook. Au Atlanta reporter roturnod from a rocont pic-mc near that city “too full for utterance.” Sweet milk is said to bu vory effectual iu such cases. —Sa vannah News. Tho street laborers of Nownan arc on a striko, in consequence of a re duction by tho city council of tho wa ges, from ono dollar to seventy-live cents a day. Rov. W. A. Parks, General Agent of tho Amcricau Biblo Society for this State aud Florida states that Georgia : has givon $6,818 to that society the | past fiscal your. Consider \ tile loss.— A planter sold I yesterday some sixty hales of Cotton | which ho raised in 1869, and which | einco havo boon in tho Columbus ware house. It is estimated ho lost $4,000 jby balding it so long.— Columbus Ban. Tho Constitutionalist says that Messrs Miller & Randall—tho ox edi tor of that paper—in thirty working days In Charleston, latolv took 09 pol icies of insurance in tho Southern Life amounting to $490,000 iu risks, and upon which tlio premiums were S2O - The cornor-stono of tho Confederate Memorial Monument” was laid last Friday at Athens, with appropriate ceremonies. Tho monumont will con sist of a marble shaft twonty-fivo feet high, resting on three blocks of gran ite three and ono-half feet high. Granger and Conway, tho men who havo been on trial in Macon for en gaging in a conspiracy to rob the Southern express Company in that city, havo been bound over in tho sum of ono thousand dollars each to appear before tho Superior Court at its pres ent sitting. These inon proposed, it appears, to bind, chloroform and gag the Express messenger on hi3 car af- I ter tho night train loft Macon. | There is a placo on Lookout Moun | tain called Roper’s Rock. Tho legend j is, that Mrs Rcpor wanted a flower which grew on tho precipice, and Mr. Roper leaned over for the purpose of culling it- When his remains were swept up in a basket for tho coroner to sit upon, it was decided to call his starting place Roper’s Rock.—Savan nah News. The election for President and Dir ectors of tho Georgia Railroad was hold at Augusta, on Thursday, and resulted in tho ro-oleetion of lion John I*. King as President, and tho choice of tho following Board of Directors : E E. Jones, John Davison, Edward R. Ware, Antoine Foullaine, W W. Clark, Jas. W. Davies, L. M. Hill, George Hiliyor, Stephen Thomas," Jas. S. Hamilton, Geo. T. Jackson, M. P. Stovall, Thos. J. Burney, D. E But ler, Josiali Sidley. W. H. Eooso. Atlanta Ice Machine. —Wo extract the following from an interesting ac count of experiments with tho Atlanta lee Machines recently had in Phila delphia: Tho frozen bouquet was a cako of manufactured ice, in tho centre of which, completely inclosed by tho translucent material, was a bouquet of flowers. Every loaf and flower was perfectly visablo, while tlio brilliancy of the colors enhanced by tho refrac tion through tho ice. This specimen of summer entombod in winter was produced by tho Care-ammonia pro cess, a French invontion, under which thoso machines aro operated. JTJtt tV oil) VM2HTiSEMEJt'I'S. ~x7ostT A smalt Malacca Walking Cans, with Ivo ry Iload, and the initials “L. B. O." en graved thoroon. Aay information concern ing said Cane will bo thankfully received at this office . may 1 S-ts. SaOnTloi] A Aifo Key of Sargent & Grecnleaf Pat ent was found on road between Beni. Williams'Mill and Mr. Fulton’s, near Wards Station. Tho owner can get the name by calling at this office, describing it, aod pay ing for this advertisement. District four! Notice, JMii Senato rial District oi fin. Notice is hereby given that the terms of said Court vi ill be held nt A organ in Calhoun aounty, Ist Wednesday after the 4th Jfonday in July next, and on Wednesday after the 4th Mondav in each month the:c after. JEBSEE 11-GRIFFIN, Ray 18, lin. Judge 9i,h Dis. Court of Ga. Still Ahead cf Coiupeliiiou !1; Tlic»s. Wynne's Improved Open-Throat, Curved Breast, Double X, Self RibbctNCleacing-Socd, Premium and Diploma COTTON G 2 N I MANUOACTCRBD DY THOMAS WYNNE, Near Bel Air, Ulrianoud co Ida. Short siaj»!c tiisl, with attached Circle Flue, (jpliiixt Loiij; ami Slaoa-t Staple: tiiia, with Attached Circle Flue. ’Cdiut.no :i Htbbcd (sin, with same Attivhinen*. ZW 4II sizes mode to order.,f|rj Jfay 18-801. ’aiioiiiici 14 ymac. State of Georgia, DEPARTMENT OF STATE, - ) Atlanta, May 9, 1811 f ORDERED: By his -fc'xcella.icy, tho Governor, that the reward of Five Hundred dollars offered in his I’roclamadon of the 21 of A ugnst, 1889, for the arrest and conviction of Wesley Redman, is hereby increased to One Thous and Hollars, subject to the same conditions as are act forth in tho said rrccUmafioa of August 2, lt>69. Given under my hand and seal of ofdcc. D.VTIDG. C'VPTfXG, SUBSCRIPTIONS Arc rejpootfclly solicited for the erection of * MONUMENT ro nut Confederate Dead of Geotm THE MOSUNENT TO COSTfs as tlio receipts will permit ° a t bereafter For every Fivo Dollar's subscribed it, wi'l ho given a certificate of Lite 1 ff" .office Monumental J«wc*as o „ p certificate will entitle the owner thereof J i qoal interest in tho foliowlnc to * u distributed as soon es roqulefif to,ba shares are sold, tt-wit q 10 numbors of First Nine Hundred and one acres of Land m Lincoln countv, Geor-i CU, ou which ure the well known Gold and Copper Mines And to Seventeen Huti'dr'c'd 'and's-ort o*’ 0 *’ four shares in One Hundred ThoiJ/i lars of United States c.rrencv, tC,. Dul ' 1 Share of #IO,OOO " *ll - " 8,oi» a “ s,«oi #,ooo 10 “ *,coo 10 “ J/KK) ?>,OW -:o « boo ino “ ... ](«> lO.ono ion » 5,) Mono 40:) " a 10.000 1000 " ....... lo JO.OOO The value Os the separate interest to®which tor holder of each certificate will bo oMiites will to determined by the Will announce to the public the manner the time ahd place of distribution. tUo The following; fontlcmen have consented to act ns commissioners, and will either b T a committee from their own bodv, or by she cial truster s. appointed by themselves re ceive and take proper charge of tho money for the Monument, as veil tin, R O -,l £„tate and the U. 8. currency offered as induce, moots f-r subscription, and will determine "non the plan for the Monument, the iuscrin, tion therr on, the site theiefor, select au ora tor for tho occasion, and regulate the cere monies to bo observed when the corncr s'one is hid. to-wit : Generals I. M. Lawn, A. R. Wiight, M A Stovall, W. M. Gardiner, Goode Bryon Colo-' nels, 0. Suead, VVm. p. Crawford, Majors Jos. B, Camming, Geo. T. Sack-fan, Joinh Ganahl, I. P. Gir.rdey, Hon. R. H. Mav Adam Johnston, Jonathan M. Miller, W, R Goodrich, J. D. Butt, Henry Mooro Dr. W. E Bearing. ’ ‘-w • The Agents In the respective counties will retain the money received for the sala of Tickets until the subscription books are olosed. In order that the seveml amounts may lie returned to the iSfhare-holdOrs, hi case tho number of subsorlptieps will not war. rant any further procedure, tho Aoenls will report to tl is office, weekly, tho result of -.Loir sales. When a sufficient numbor of the shares are sold, the A gents will receive notice. They v. i'l then forward to this offico tho amounts received. ! Si A. IT. Mtif.AWS, Gen. At’ts, N >• 3 Old P. O. Range, Mclnthsh sh, J/kr 18 tC Augusta, Gi. W. F. Combs, of Da waon, Ga, will be gM to give information and receive subscriptions. Calhoun Oocntt. MesoaF. U>j 11 ihas applied for exemption of personalty and setting apart and valuation of Ilonifisteod, and I will pass upon the same at, 11 u'uock, am., on tho 27th dav May, 1371, at my office. J. JOHN BECK, May 18-2 w. Ordinary. A TROtLAMATIOSI. GEORGIA. By RUFUS B. BULLOCK, Governor of Said State. Whkkeas a bill of indi, tment Is now pen. ding is the Scperior (Court of the county of Cherokee charging 7’>;< mas E. Finch with the crime of murder, committed upon thu per son of Clark IU-ltou, in said county of Chero*, kee, on or about the tit.ii Decmber, 1884 ;and Whereas divers other bills of indictment havo been found mid oro now per.ding in tho Raid Superior Court against the said Fuccti, barging him with the offense of assault and battery, committed by him upon arc offense perpeirutcd by im while a resident of said county of Cherokee ; und Whereas it is made known to me that tho saidTitev -s Finch is a notorious despe* rado, ami a racn h.-r of a pang oflawless per* -ons, and hes until the present time sue. oceded in Belting at defiance the officers of the luw ; Now therefore, believing that tlio offering of a suitable reward U assentLl as a means of bringing to justice the said Fmun, I havo thought proper to issue this my proclamation hereby offering a reward of FIFTEEN HUN DRED DOLL'.\RB for the apprehension and delivery of j iid Thomas E. Fiscb to the sher iff of Ohurnkno county, and an additional re ward of ONE THOUSAND DOLLARS upon his conviction. Givon under my hand and tho Great Seal of tlio fit r-r, at, the capitoi, iu the city of At lanta, this 18th day of Hay, in the year of our Lord F. ghteon Iluudrcd and Seventy* one, and of tho Independence of the Uni ted Stateß of America the Ninety-fifth- RUFUS B- BULLOCK. By the Governor : David G. Cot ting, Secretary of State, may 18 4t A PROCLAMATION* GEORGIA. By RUFUS B. BULLOCK, Governor of Said State: Whore;.-, official information l' 3 ® been received nt this Department that a murder was committed in the county of Appling on or about tho 24th ot April, 1871 upon the body of Steely Herrington by Marion Ti lis and Thom as Herrington, as is alleged, and that Marion Tillis has lied from justice. I have thought proper, therefore, to issue this my proclamation, hereb* o ■• ferine, n reward of ON 15 THOUS AND DOLLARS for the nppreheu sion and delivery of tho said Marion Tillis,twith pr< ff sufficient to con vie , to the Sheriff of said county and State, inorder that he may be brought to tri al for tho offense with which he.stand Givou under my hand and the seal of the Stale, at the Capitol ' Atlanta, this Fifteenth day of M«J. in toe year of our Lord Ltg 1 Hundred ami Seventy-one, and « the Independence efAbo Un** 1 States of America the N'nriyJflb. j»UF;JS I». BULLUI’ fi- Ii v the Governor: £ David U a an- Secretary State. DErL’i OPTION does not talk much, and when talking ‘peuks very blow. 4 w;