The Macon telegraph. (Macon, Ga.) 188?-1905, July 23, 1894, Image 4
THE MAOOIN TELEGRAPH: MONDAY MORNING, JULY 23, 1394.
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j THE TELEGRAPH. Macon, Go.
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♦graph falls to arrive y l>b flrat mall
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u, m. each day.
\ A TEACHER OF ANARCHISM.
i A person calling MlOMif Cfiarfo* Wil
fred Mowlbmy Iras come over fnnn
Kn-gl.vii'l tnd esteMShfoed himself In
Now Yurie. The ctimml new«c-.>tT
n <ad(T mv< ng lAvSe MMMBNQt of fact
mlglit, toWwot iKLTfag cxpeuciatlon,
wmnler Whiter Mr. CbMhi Wilfred
Mowbray wus a real English nriiniv
crot In wtAirdli of cm AuitHhip lieCrcas,
ur merely tbo dlihwN vulet nu
English julteOCflSfc wl» Jjfcul dhtinged
Ills name on the wny over ns the best
ond quickest way of acquiring aoclnl
capital among tho vtUgwr Annricans.
Mint tfic SttutamrQt la not given without
on orpinitaition. 'Bho'gnrt Ionian with
tin? aritofoomtlo name la not In search
of tun hefroaa.
He la ano of tho nuert dlntinguSshcsl
of EntfUWi sattvcfl&lStM, and bbt avowed
pnriiose In autotag tin? ocean Is to or
ganize and cuuountgo *tiio nnnrriilst* of
the Unftnd Start**. EN mfaslon is not
a secret oik*. On tho ooalttiry, lie tells
tin* ntutapapwY of hhI plains. Ho will
Isold maUntfi to open n1r to pmicli
the dttJtrfctos of onartihy until iho po
lice luWfffere: then lie will preach In
halls lib will mA Incite to violence
dbtotly, bin expects It to result from
Iris wbrk In pnnuj&i/uhig aturdhy and
ill organizing atmPcWrihi S'xKbo effective
working bodies. Violence is a natural
outgrowth of his -work aiul it is even
ntcostory.
lb 4s ikjmhH’Ic, of course, tiur.t t he fel
low. Is a liurmloss btotfierskite, who
Inis sntdoii u name anil mav sms »>•
borieity in the quiches;, Mtfmi way.
Rub na btMet in fiooirtdhy U» ft form of
madam* or iiTuuonranOa, it is ulso pos
sible Hunt flic 1h iu oiU’ne.nk Ho must
be Judged by wTuit lie does, not by
wthLU he aajA .he is going to do.
The hborty of speech la hkuyihI, and
as ft general proposition tflie bt«t way
(o deal with dangers arising from its
ubtiMO la to ]xvy tu* wttvmrioi* to the
ubuao. Tho common sense of the peo
ple cun bo safely deprCiled updo to re
ject dBQgctVUS iidvlcv, so long us the
advice, bo bo dangonxis, must bo fol-
hiwsil by a large mitriber oT people.
Rut ilio question la u dtnV-ivuK Otto
when a nmn tulvttawt crimes ivliloh may
bo committed by tndtvflduul* and which
might nvult in eiftfNUOtu* Uww uiul suf-
Daring to duo community. Fur instn neo,
the government mid (lie people could
afford to trnilt with naunvd cun-
-'tempt tlm nibiti viho went about tlie
country urging fldw people to rise In
arms aenttst t»hc kfnQj elected author-
iLea of tho apubSo. Tliikl would he
the bast way to treab him. To arrest
and ]Miuls)i 1 Hi iu as a tiviltcc would lie
tu run the risk of muting n sympathy
for him ttttt nilglio bo more trouble*
\ some dbrni nn.vUilng lie coaUl do if left
free u» talk as much os ho liked, bo ns
many as could Uo Itklucvd to listen to
him. BuW»t tli? man the use
of dyimuoltt* tx> kill piddle otlldtoU ami
destroy public buildings, and spends U>s
time in ortfiritstag Uimls to uh*- this
dnwdful wwiiwn ssvjtly, tflio qm^tflou,
us we trivc sa^Id, kwwiuw u different
one. r 0bo man is, in a tvruiiu sense, a
but flic is
iu**re—be Is a prufcwdooM ttttcluT ‘if
tho urr uf t n«MiMHfliMit'Wki.
It Is in two iKtr^Y ‘*lwr.v'tnT, wv think,
that tfler- govt-riwa^a slnadd deal w'lth
bin. WliffU Mr. Mowbray ’ls*gius ills
wvrk is* slkwtld !»e mnir b> Sing Slug U»
bvirn rik» l»K‘k hi»«p tukl a timxtUl trade
as nooa kf kiw miougli oan
be found u> send btm thm\ And If
kvw omnigh «Miuu*i Iw fpuixl, the need
a'usiM Ik» at otkv siq^»K*\l.
THE S'ntUOQLE IN CONG HESS.
A Domivriitlc rtrxkimr of iv»mlnenvv,
n’S’nw his (ho
;ry (flingigh the Ans^ated l'rv>s
t;ds likening that tiln-rv will 1h» no tariff
^Vk^atCvsi at GiU* -*>s>don of tiDQ^IOM.
onmiTy would have n inched
n*>ro ImporHUKo t\> tins stuienn-nt
had lkX Mitftsl his lutne.
1 will xsxw MWjkict th;U Atrougii him
tho n* ixite is Uvinning tho doq».mte
nth. . sgshiNt ml tariff pSortt with
the &o&on of ccmgroa. 1 *. It is perfectly
na/ttiral tluit tiho senam»r« should reoent
this interference and tho language in
which Umj nefbn of tbat l»ody is con
demn^!. I’bc wrOtlng oi tho letter snd
tho language employed are excusable
only Ijocaiiso a crisis In the life of the
Democratic party and of the country
exists. If tho effort of tho letter Js to
bring about a rnttMcnjeoA and the pas-
ang<* of a truly Democratic tariff law,
the i/n*sldcnt’H act will wrt only bo ex-
cnse«l, but will pa»4 Into history no
oie of du? bravest, l»est acts of any
AmiTicau president If Its effect Is to
ivj«h*n the breach ia tho party onil on-
tlreJy defen-t tariff refoann, Mr. Cleve
land's Influence vrlfib the people will be
w'l-rikt-iivd ami his fame will suffer.
In the service of his party and tho
•country, Mr. Oloval.atid has talum n.
grwit risk. We honor him all the
more for bJs willingness to take It We
believe he act.vl entirely from a high
SflOSe of duty, and ought to have the
ardent support of every tariff reformer
fn coiu:res-*—ami of every belloviT In
tho right of the poople to govern them
selves. That right Is muedi loss so-
rionsly fariMtei^d by dlotatlon from
the White House than r>y tho dictation
of truHts ond mutwpoilcs. If the peo
ple, Imvlng t'price, ordpr-kl• the reform
of the tariff on Democratic Hues by
overwhelming majorities, arc not
obi*ycd, what oridenco 5s thifo that in
this ouamtry we have government by
the pi*ople? Bhe president speaks ns
a patriot? and a Democrat. Tho only
question Is, was It exped'ent for him
t> spink. Events must determine that
quefctlon.
is ended so far as personal preference
ntCBrncd Ixflkveen two catidldan?s>
in the same party. It is the duty of the
oCTVJtlc paity to lay sirilde potty
ocimosSBles and ifflffereiucea and unite,
harmoulz< k . and solidify, m as to con-
ceotmte the Vljok* otpoogtfli of the par
ty against hi*.* <*jimiH>a enemy. Don't
let Uttic pdJty diteRtton diober you
fi'-in dt*iug y*sir wmAe duty rirf u mil:
In tlwf party in whk-b lies your only
hope.”
TJw governinoirt of tho United States
Ins (ibnotmced Ps Intcntfloii to keep
clear of nny IntcrvenGom between tho
Nicaraguans and tho Mooqwto Indians,
and all American elUzons who may
have nssoolafed fJican^lves with one
side or the other lit the existing con-
test trill bo dealt wlflh by rho author!-
tlc» at Blueficlda nccordlug to law.
Tills Is iflw? only proper course for tho
Uirfnflf S«taitx« t>> pursue. American
citizens on tho Mo»|U(to coast w'ho
pnamibly Qttynd to tlieir business are
wKiOitol to prohyUon* but all /»meri-
cans who Nliall Join In tho revolt
against tllio consHtubsl autihorlties in
the (L'sjnitetl torritory wrll bo Just us
amenable to the laws of Nicaragua as
would be fcxrdgn resideuls of this
country wflio Oliould take up urmj
ogni'nat tiro UMtcd Spates. TJio “blun
der” of HafTisua's ndrmnisirn;ion at
Honolulu is not likely to bu repeated
by Secn^tbry Givsh.im at Illuoflolds.
Polsornod ooff«x* is evMflnltlf hefld In
high honor os an Instrument of HtuAo-
cmft In Morocco, and young Abdul
Aziz, the now sultiau, scorns to l£* a
ruler of tlM> good old-f.ifitdoncd >(o-
Ivommcdan sort. Tho recent grand
vizier—^who, by tho way, wus Tin as-
plraut to tho throne-—Is dead; and ac
cording to the “crowmtr’s qm»t” camo
to bis driiitli from cm overdoso of Mo
cha. Muloy Omar, a brother of tho
sulfam, who onjojxnl the dekglvtful wo
briquet of the VbOMOftd deeupltator,'
bn failed in nn cUrnnpt to bo pro-
elnliiKxl sultan u.t F<*z. “Quiet prtwalls
throughout tho enipiro,” nays tho dls
patch, with rubber si ulster Import
Dead men, of course, toll uo tules.
A CARD FROM MU. DAVIS,
1\> the liXlltor of thb Tel<Jgi\ipli; Fcr-
mot tuc tlurvsigh yuur rolnuiibs to ex-
ptVfla my deep prgrodoit m-t beiug able
u> peniv.k cho \lsi> of my txuno a-t the
coining Democratic nonv.n'.Lti.on for log-
Ulakvt* lk»:u>ra. The numerous prey
ing tcAlcUbittuM Which 1 received from
i«t»Mv»cnra-Uves of aray clemvnc *>r our
pcKpl# ucule uie exceedingly uuxlous
b> uakf the r.ivo nnil I >w*rkc\l hard to
shbfX) my QR\uiy>teMtRs cvMh a view
io ulttut eml. 1 wus wt.K'Jng mo make
any miMouuiblo wacrlUco to comply
with file w-IbIkm of my frieads, but the
njiture of «ny business, togvtluT with
the uourtoinxi prec.irk>us csmdltiiun of
tilt# bculth ut one of uly lMtHuerw, would
renObr H suleld.il tn hr* to go to the leg-
Irtlnuro nt chftt tune. No one, liow
ev<r, <tui puMHibly sjvjuxx'i'ate tills man-
lfe®viis!ou t»f ttomUUmw un*l ofttcem
raoro highly than mysolf, and 1 hoj
at no vttjr ilatoot day to be able t
servo my pbtflflOUlBUNl In some aq»ocl
ty, wivk'h, if l tun uentetiMtl <o do,
’‘hull lv' done faithfully tund h<*n.‘>Uy
Wail my hngh personal regard for your-
kill and hIiuxto gratitude for the many
cxtM'whsw of kindncMS which l liav
te'ilTtd nt the tends ol ehla. jK'ople,
I iin» v yuuiw truly, W. A. Davis.
SOUND DEMOCRACY.
Mr. 0. O. Cox, who has mcQNded
Col. W. W. Hand ill us ol.Uv of
I at Grange Graidde, Is making a gtxnl
U^lutvlng. He AMDS this pnfltlHUt
iph’H'tnn in Ids last Immic;
“Will some obllj^ttg l*»n»ukwt pLnsc
explain wtn< Is She isvxl of a thinl
party hero lit th * S.mth? We tin* all
praerically unfiwd la our ndviwticy of
Mi.* varkutH reforms, with tflio excep
tion of povermrrem CV ivl it
would U» wvm*s>- than luiuvy, nu
count of Hits tzoccrtetn *»f ccn-
tnillxtrikm, to umlorgo |U tls* ltorrars
tui\’(Ml:im up4* a division of the white
voiors of the S%nstli.”
ECHOES OF THE STRIKE..
'Phc GroPtthbro Hernld-Jounml hits
the null squarely on tbo lietul when It
.-ays:
•Anarchy such as has boon rampant
in CbkRitD ond cfaMuher? (hrmteo»
tlie exteupoe of the government HseU;
trad If hvompfacuit, w> man's life or
property would be sufe.” . f
Thla, from ttw Waycross Herttld, ex-
prtwers die ntuaKon fairly:
1 Norw 1k tti«* rime ffjr the South to bold
Ikt t.-*np4-i*. <ij,. will Ik? a .-I d !:• ils*
final wettleammt of the rebellion in tlie
Wcrit.”
IMknft OwtflMdY oouroo In the
late aMke has been univetwally np-
Ttuml by the press of Georgia. This
a a euimple of what /tho Georgia edi
tors ttdnlc of Cleveland. It ts from the
Ga1m»sville Eagle:
’Grover Ctethol Is now more se
cure than ever in tffe place ns Uie grait-
c»t of AuDtritxra prv»ldonirs. Ills uc-
tir^i in or/lerfng troops to Oh!oig> t»>
irot-xjt tbo property of tlie UidhM
l Mates Is being oppkttKh'd by Iris
friends and enemies alike. At tlie
proper moment flie took dedalvp ac
tion, not only without Ixilng requested
by the governor of Illinois, but actually
agnen^t tflie protest of llmt uoardliUtic
tmuMamej."
The Hamilton Journal feels the same
why. It sops:
“PraMaat Gnvhndf prompt find
decisive action in ordering the strikers
to -their home** by lasb Monday a t noon
had a very Military effect upon them.
Where ti set of people run wild and
mod like animals, they ought to be
made to Mtovo themadres iut tlh\* point
of 'the bayonet, if Wha.t Is necerwary.”
xtry
Tlie 'Stn'twibonv Sttir n^ks (llif.s
poriinent question:
“Whn't do tflie Populist farmers think
of Mirtr friends out West who have
kept the ua4lrc4a‘U* tied up until all tho
watermelons rotted in the fieldsV
3UPRBME COURT OF CEOROIA.
July 16,
Savannah Street Railroad vs. Ficklln.
Before Judxe McDona.ll. city court
of Savannah.
1. In *o far as the thirty-three re
quests to charge presented by the de-
r.<l;nt s counsel were legal and perti
nent, they were covered by the general
charge of the court, of which no com
plaint was*cnids and which submitted
the case to the Jury with rh- uiin-»st
fairness to the defendant. In other re
spects these requests v/ere -illegal, not
warranted by the evidence, or inapplica
ble to the Issues involved, nnd many of
them were inappropriate because com
pletely ignoring the plaintiff's right %o
a partial recovery in the event he w.tc
gullly of contributbry negUgeuce. The
refusal to give the requests, singly or
collectively, was no cause for a new
trial.
2. The verdict, although It could have
been for the defendant, was not un
warranted by the evidence and there
was no error Iri refusing to set It aside.
Judgment affirmed.
iSaussy & Sauasy. for plaintiff In er
ror; McAlpin & LaRoche, contra.
Rer.fro et al. vs. Shuman. Before Judge
McDomdl. City court of Savannah.
The declaration, together with the
amendment, showing that one of the
two defendants, a non-resident of the
county in which the action was
brought, was indebted to the plaintiff
for.materials furnished and wfork done
under a written contract between this
defendant and the plaintiff for materials
furnished and work done under a writ
ten contract between the defendant ond
the plaintiff, and that the other de
fendant. a foreign corporation having
vn ofllce In that county, had. bv a writ
ten contract with the plaintiff, subse
quently made and to which the first
named defendant was not a party.agreed
to pay fbr the material and work men
tioned in the first contract, as approve!
by the first defendant, a Joint acMon
against both defendants for the money
due on these respective contracts v/is
?i°* roalirtnined In the' court nien-
tioned. a-nd that court under tho facts
alleged, had no Jurisdiction of the first
defendant. Nor could the action be huk-
tained against the defendmt corpora
tion its second contract, there being no
allegation that the material furnished
and work done by the plaintiff had been
approved by the first defendant, as the
terms of that contract required.
Judgment reversed. ,
il'i Si*? ftn<i Car row & Osborne,
w - c Hartridge,
Highest of all iu Leavening Power.—Latest U. S. Gov’t Report
ABSOLUTELY PURE
For sale at wholesale by S. R. JAQU ES & TINSLEY aud A- B. SMALL.
by brief, contra.
to dimav*c tho fact.
iiuA Um> t&uat
l very serious
\\\i*h-
mWc party. Ttu> ptvsident'a let*
Mr. \Mlam totqi>Ucttfrai instead
Aifyioy Itud tenurtoo. We be-
very wiwd of Ids teeter U true—
® otep* NMtooa tekb he demantls
•\wnpr Hulse” Mtattn ought to
•d If y* giew law Is to be uor*
i»Wac patty. Hut tt
vt tha* rh? i rv-aWettt
e-vtljr ml vt tib wi ill,.
■ *f ill* otttoe to (umtot
The I4th*»nfh New Bn doee* t»t think
fttxr friends, otiomy, Iwtve much ot
a ehamv tu rtw inweitt vxvnqmign. and
stty* m> iu the ft»lk*\vlng (V*ren»le htn-
gtutce:
nnd 1» s fWk»\v Mgifa-
toto mo Ukitills Just now ou tho
prohabiuty «*f carrying; Georgia wte &
RvtnihUt.tia*l>q>qIJbt combi ha iu Uu> ap-
l»r<Kiv4)lit>: Stale ,uuq»a;sn. It* would
I*e m>: ,t*. \<r i\ i'-. : * sjrmiI.lv »*u
tflie jMvlitiWlity of tflie devil pring into
the lor biu4aies>,**
The Tbfb*^toti Now Era
a ibrld of truth in tel efriemn:
H PCBuliaii means jiMroiaBB atsl
oeteraiteni. b»rh of uhleh ntv flppiod
I-* J«‘flVrs»'crittmMii.” .
Tlte :Ui^nTMti Fo^s oc^ns:
••S-Htvr Vim \ D^cs i>q* «rttM i«.
have ixiilod Stetrr Mary Ellen I**ihe
a ‘liar* afl TVipoka* Wi (.* alusst as
exciting ci-- ?!, * small boy** Oderifmxt*
cos ot Muckl”
Tlie Lumpkin InkpndtQt, priori
la Gen. Bran** boase coiilKy, Stewart,
ehtos up the ^tuntiou thus:,
“Now (test «h * gtih«ruuiiA.rial cuutoot
Written for the Telegraph.
NOT REWARDED.
By J. 8. Daro.
'Tie ead, for son of toil to think
As, mlner-Uke, ho delves with sturdy
blow,
The sunny light above the brink
Grows dim and darker as he deeper goes.
To know the jewels gathered there.
That e'en the brightness of pis lamp
outshone.
Are not for him, ore his to wear.
Or hold his precious finding for their
own.
Thnt not the face of single one
May bear the impress of his modest
name.
While idlers, who no toll have done.
The faulting of his labor seize and claim.
' t
Ami rad tho thought that all these yearn
Of conflict, on embattled plains, through,
fife. :V
Have been but failure®—useless cures,
With scarce a trophy left us .from the
strife.
And sadder yet to feel the wpgrate-ful
wrath y 4C - .-
Or asps that whilom we with pity's
’ breath * •
Wanned back to life; yet, who, ^tlong our
path,
With venomed vongue, are stinging un
to death.
Macon, Gu,. July 20, *1801.
PERSONALS.
Senator John Sherman has kept all hta
letters since he was IS yiirn old.
The lute IT -silent r’Jrm.t was h lover
of American horses, And purchased many
!n this country. '■
The customs authorities of Boston have
decided UmL the works of Zola are Im
moral but not obscene.
Mr. Labouchere carries* his Radloalls n
so far us to refrofn from 'giving the read
ers of his paper any Information of the
birth of an Heir to the throne.
Mrs. Linn l^inton. the novelist, claims
to be the first English woman writer for
tho dully press. .She began newspaper
work In Lbmlon more than thirty
years ago.
uBurke Cockran Is camping on the bor
ders of the Upper at. Regis Lake, In the
Adlrond&cks, with President Edward 12.
Coates of the I'nlladelphla. Academy of
Flm Arts.
Tho Comt'eese’ de Paris, like her son-
in-law, the King of Portugal, Is pas
sionately fond of bull fighting, and, like
ftline, too, frequently dose ends into ttio
arenn and tackles tho bull herself.
The pope, although there is no remark-
obit change in mm. is dechmng in
strength. He is much bowed In ngure
and «.w» rather frequent fits of somno
lence, ;u* was the case about two
years ago.
A Parisian amateur book collector, M.
Georges bolomou, haa the largest col
lection in existence of the smallest books
in the world.. In the entire list of over
MO little volumes, none of them U larger
than one inch wide by two Inches nigh.
Israel D. Condtt, who celebratMl his rud
Mruiday at in*? home of nls daughter iu
Mllburn, N. J.. a tew days ago, wus one
ot the founders of ricraunton. Pa., ana
is the only surviving charter member of
the Morris and Essex KYlroad Company
Gen. John Tyler, son of tji© tenth Presl
dent of the United States und his prtvatt
secretary, Is living in humble oircum-
stances, a sufferer from v^raly*!*, in
Washington. He ia supported by # a
ucfiiow who has a position In tho treas
ury deportment.
Blr Thomas David Gibson-Carmichael,
who la lutely to be the liberal candidate
for Midlothian, In succession to Mr. Giaa
atone, is 3S years old and can boast ot i
lineage of sumo renown. The first uaronei
was an eminent lawyer of Uie reign o!
James VI.
M. Legouve Is the oldest member tn the
French Academy. He la nearly hs years
of age. M. Paul Bourget. the last elected
and youngest memoers, is 41 years ohl.
For the first time In a number of yet
all the arm chairs of the forty ‘imm’
tals" In the academy* ate occupied.
• Nearer. My God. to Thee.** was t
work of Sxrun Flower Adams, and first
appeared tn a volume ot hymns published
In 1VW by Uev. \V. J. Fox. ^
churche® ebjected to the theology si
hymn and have endeavored to ttn;
It, but no substitute was ever rev*
with favor by the public.
Mark Twain says there are three
fallible vs ays of pleasing an author: I
to tell film you Iwive read one or hut
books; second, to tell him you have
all of bis books; third, to ask hun to let
you read th«* HMBascrtpt ot bis fncth<
»ng book. No. l admits you to hu
ijvct; No. 2- admits you to his a<ic
non; No. S carries you clear lr.to
heart."
PKRSONL MENTION.
Mas Btkaobe Matthew* left ftk *jiy
alfifi for several weeks rlsft to friend:
and reFiltves at Savannah and Tybee.
Or. Price's Cream Baking Poster
Most Perfect Made.
Gregory va. Daniel & Son. Before Judge
Roney. Burke superior court.
1. It affirmatively appears that the bill
T 13 Bl ^ ned find certified
daya a(tCT the adjburn-
term the court at which
®<|i c, «lon compialned of was made,
in view of the act of December is, 189.1
no cause appears for dismissing the
assay™* LumDk <n, j-. concurring
2. Under the Code, section *037. a cer-
Uorart Is returnable to the term of the
ft?. 1 ?! nra J.*' e W h ,te c tr.'ontj days from
If *iSS the .? vrlt ls '«ued; and by sec-
tlon 40j3 notice of the sanction nnd of
t.me and place of hearing la sulliclcnt
ven .^2 ^ a v 8 or,more before the
sitting of tho court, tft which the writ
n follows that the tlmo
when the oetltlbn (for certiorari was
sanctioned Is Immaterial upon the ques-
or not w * lelher tho n< Mce was too late
Judgment reversed.
,„ J - B - Or ,?* or y. fy brief, for ptilntifr
S r . : . J ' ) f n J - . Jonc ' 1 * Son and Jo-
slab Holland, contra.
Paul va. Ro-ney et al. Before Judg®
Eve. iRIch-miond Superior Court.
Judgment against themortgager of
personal property uport a garnishment
sued out .aft the Instance of a crwlitor
of the mortgage, and then of another
like garnishment not yet answerevl, will
not, without respect to the amount of
the claims covered by the garnish
ments, us compared with the amount
due on the mortgage debt, necessarily
negative tie right of the mortga
gee, or his assignee, to foreclose the
mortgaggee and cause a seizure of the
encumbered property. If the m'ortga^e
debt be payable by installments, some
of which ore over due end others not
due, the fiorecloaure way, under section
1965 of the Code, embrace the whole
und execution may .be Issued and levied
for the aggregate amount, the facts __
to maturity of Vi pure and non-matu
rity of the residue being seated 1n the
aflid-avX of foreclosure. Judgment af
firmed.
Salem Dutcfher, by brief, for plaintiff
In error; Fiemlng & Alexander and
P’ J. Sullivan, contra.
City Council of Augusta vs .Hudson.
Before Judge Roney. Richmond Su
perior Court.
1. If there was any error In admlt-
Ing the evidence of the man of Bom
b.urk, S. C., It was not oause for a new
trial.
2. According to the decision 1n thla
cose, when before the court the first
time (88 Ga. 699), It waa not Incumbent
on the plaintiff, in order to establish
liability on the part of the defendant,
to prove “that under tire salutes of
South Carolina the city Is lKub.e civilly
for u failure to keep the bridga in re
pair.'*
3. The approaches to a toll-bridge
and its abutments, as well as the
bridge proper, -must be kept In repair
by the owner, the whole having been
erected by hhm, and, so for iu* appears,
no duty resting upon >the pubUc to
nvalroiuln the approaches or abutments
as a part of the highway. The defect
complained of bowing existed for a
oonalderab.e period of time no ques
tion could property arise us to the
duty of the owner to take notice of tt.
4. The ullegatton that railing was
absent from the abutment of the bridge
may be supported by proof that it was
absent from the approach to the
bridge.
6.AV2iero a mule, whloh was being
driven to a. <wa.gv>n over «a toll-bridge
owned and kept by the city, became
frightened by a train on a railroad
near by, ran away and, because of the
absence of * guard rail from the ap«'
proach to or abutment of the bridge,
was precipitated from the structure
down a high embankment the ufbaence
of the guard rail was a sufficiently
approximate cause of the catastrophe
to render *th c+ty liable for Injuries to
person und . property thereby occa
sioned, 4f such absence was due to
the city’s negligence.
6. The Judge of ohe superior court
has no legal power to receive or hear
affidavit* of Jurors to impeach their
verdict.
7. There -was nothing in the charges
or refusals to charge In relation to the
credlbilKy of witnesses, or to the mea
sure of damages, which requires a new
trial; there was no error 1n refusing t*
grant a non-suit; the evidence warrant
ed the verdict, und there was no error
In denying a. new trial. Judgment af
firmed.
•WMlam T. Davidson, for plaintiff in
error: Boykin Wright and H. Phtnizy,
contra.
nitsttoll vs. Augusta and Savannah
Railroad Company. Before Judge E'
CUy Court of Richmond County.
Whtre the act ton against a common
carrier is xpon the contract to safely
carry, although the breach alleged result
ed In Injuries to the person for which
tom.igee ure sought to be recovered, the
action is on ex contractu, and ls not
barred until four years after the breich,
not* ithstanding the statute applicable to
actions ex delkto bars actions for Injuries
[ id the ptraoa. saliai (ht salt be brought
within two years after the right of ac-
! tjoo accrast.
Judgment reversed.
Colley & Sims and J. R- Lamar, for
plaintiff in * error; Lajwton &■ Cunning
ham and J. C. t C. 31arx, contra.
Savannah, Thunderbolt A Isle- of Hope
Railway vs. Bryant. Before Judge Mc-
Donald. City Court of Savann.ih.
There* being evidence to warrant the
Jury in finding that the defendant’s mo-
torman, after seeing that there might be
a collision with the wagon in. Which the
plaintiff and his driver were riding, negli
gently ayiprooched the crossing without
having hla car under complete control;
ami also In finding that there was some
negligence on the part of the ptelntlu or
his driver In going upon the crossing,
but after getting upon the same they
could not then, by the exercise of ordinary
care, have avoided the consequences of
the defendant’s nc-gilgemsj; and the re
covery being manifestly for a less amount
than that to which the plaintiff would
have been entitled) had! there been no
fault with which he was chargeable, the
verdict, after its approval by the trial
judge, will not be disturbed.
JJudgment affirmed.
Saussy & Saussy, for plaintiff In error;
McAlpin & La Roche, contra.
Doyle vs. Days. Before Judge McDonell.
City Court of Savannah.
Conceding the plaintiff’s right to recover
some amount, the evidence was too vague,
uncertain and indefinite to authorize a
recovery in his favor for the Bum of 5750.
Tho Jury having been instructed: by the.
court 4o find such damages only aa weald
compensate the plantiff for actual- dam
age he may have suffered, and not, there
fore, having passed upon the question of
exemplar/ or punitive damages, und the
evidence not containing sufficient facts or
(kit.i on whi:h to estimate or calculate
the actual loss sustained by the plaintiff
In his business by reason of his alleged
unlawful eviction by the defendant (a
special item of loss by dealing In real
estate, referred to in the evidence, being
too remote to be recovered as damages
In this case), tho verdict cannot be sus
tained.
Judgment reversed.
O’Connor & O’Byrno and Denmark &
Adams, for plaintiff In error;. Harden,
West & MoLxws. contra.
TO THE PUBLIC,
am a Democratic candidate for cor.
-. subject to Domination on August a.
Jf elected, J propoce to administer th«
affairs of tlifs office to the best of n-y
ability, earnestly adhering to duty, as
the law directs. I shall make the office
secondary to no ou si ness, and my heart
and brain shall be devoted to a faithful
discharge of the people’s business. Re
spectfully asking and earnestly desiring
your support, I am, very reapectfully,
EUMO OLAY.
Kaufman vs. Ehrlich, guardian, et nl.
Before Judge oFlligant. Chatham Supe
rior Court.
The paper attached no ah exhibit to the
plaintiff's petition wan, as to the ap-citlc
lands therein mentioned, a deed, and not
testamentary, and there wau sufficient
evidence to warrant the finding that
said deed was delivered to the grantee
In his lifetime. The evidence as a whole,
though, not pointing with absolute cer
tainty, to the conchiaiona reached by the
presiding Judge who tried the case with
out the intervention of a Jury, authorized
a general verdict in favor of the de
fendants, and there wka no error In deny
ing a new trial.
Judgment affirmed.
Denmark & Adama, for plaintiff In
error; Garrard, Mcldrlm & Newman,
contra.
Georgia Railroad and Banking Company
vs. Keener, adminlstntor. Before Judge
Roney. Richmond Superior Court.
Where household goods were shipped
by rail under a special contract la writ
ing, expressed In the bill of lading, where
by, In consideration of a reduced rate of
freight, the liability oft Ac railroad c<
pany, in case of loss, was limited to
arbitrary valuation of 55 per 100 pounds,
and a portion of tlie goods were stolen
aftei' arrival at destination, but before
the carrier s responsibility as such was
terminated^ there being no evidence show-?
Ing how or under what circumstances
the theft occurred, presumptively the loss
was occoaloned by the company’s negli
gence, and this being so. It was liable
for the full value of the goods a> lost.
The contract would exempt from the in
hu ranee liability imposed- by law as t<
loss not occasioned by negligence. The
contract of shipment was not one limit
ing value by express agreement, but one
In which there was no attempt to. esti
mate value.
Judgment affirmed.
Bleckley, C. J., not presiding. J. B.
Cummings and Bryan Cummings, for
plaintiff in error; Hamilton Fhlnlzy, by
brief, contra.
Georgia Horn? Insurance Company vs.
Hall & Peddlnghaus. for use of Hall.
Before Judge Eve. City Court of Rich
mond County.
L A policy of insurance upon partner-
shlp personally, taken out by the part
ners tn their firm name, is not vitiated
by a contract between them, made while
tho policy was In fame and before any
losa wus sustained, by which one of the
partners agreed to sell his Interest in
the property insured to the other, reserv
ing tho title to bucH interest until the
purchase money should be paid, the loess
occurring before payment in full had been
made, the stipulations In the policy bear
ing Upon the subject being that the
policy should be void If there be a mort
gage. bill of sale or other Wen upon the
property insured, or any of it, either
prior or subsequent to the issuance of
the fioUar, without tho fttet bring in
dorsed thereon, or If any ch&nge takes
place In the title powesslon of the perop-
erty, whether by sale, transfer, convey
ance. legal process or judicial decree, or
If the policy, before loss be assigned with
out the consent of the company indorsed
thereon, or If the insured if not the sole,
absolute and unconditional owner of the
property Insured.
2. A partnership has no Insurable In-/
terest in household, ornamental ana kitch
en furniture of one of the partners and
his wife, or In their wearing apparel,
policy embracing these articles aa well
as the property of the firm. Is voM
to the former, though valid as to»the
latter.
Judgment reversed in part and affirmed
In part.
Fleming A Alexander, for plaintiff m
error; W. T. Davidson, contra.
Georgia Railroad and Ranking Company
vs. Phillips, eBfore Judge Eve. City
Court of IRchmond County.
There being sufficient evidence to war
rant the Jury in believing lhAt the agent
of the defendant in charge ot its bag
gage room refused to deliver the plaintiff's
trunk to her upon demand for the same
on arrival at destination, and that he
Informed her that it could not be dellv-
ered until the following morning; and
the trunk having been destroyed by fire
during the night, the following charge
was warranted: “If the plaintiff demand
ed her baggage of the company after
reaching her destination, .and the mi'
refused to deliver it until morning,
before morning the baggage was destroy ed
Mothers’^kes
Friend ” birth!
EASY.
Colvin, La., Dec. 2,1886.—My k
wife used “Mothers* Friend"!
before her third confinement, and i
says she would not be without it for t
hundredsof dollars.-Dock Mills. F
Sent by express, charges prepaid, on E
fj reo*tpt price, fl Jf* per bottle, hook 1
'J “To Mothers’* Hi ailed f r** containing eal- E
^ oaide information. 8aU by aii Druggists, t
Rkju>field JUtftrutToa Co., Atlanta, Ga.
by fire. Then, and In that event, you should
find for the plaintiff.'*
The evtidrnce warranted, the verdict,
and there was no error in denying a new
trial.
Judgment affirmed.
J. B. Cummings and Bryan Cummings,
for plaintiff In error; P. J. Sullivan,
contra. •
Savannah, Thunderbolt and Isle or Hup«
Railway vs. Beasley. Before Judge Mc
Donell. City Court of Savannah.
L Where the court*Tead. to the pury a
request to charge In the exact languagi
In which It was written, and the counsel
who. had presented the request stated
that if he had so requested In writing
t was a clerical error in the charge, •
and “the court,” not comprehending oi
being unable to understand the explana
tion, requested oousel, if he desired hli
written request modified, to reduce th«
modification to writing for the purpos-i
of understanding it,” which was not done,
the failure of the court to comply with
tlie --r.il r.-jii'-st to modify tb- v. ;.i ,
charge was not error. } t-
2. In charging tlie Jury upon negii-
gence, the court should not enumerate
acts or omissions which are wholly out
side of any degree of diligence which
the law requires. An electric railway com.
pany Is under no duty to stop ita cars
before reaching the crossing ot public
highways for the purpose of looking an-j
listening by the motonman, or to onabli
them to look and listen, where there i*
no apparent reason for so dAktg. Undet
the facts of the present case, however,
the erroneous charge on this subject, giv
ing the Jury credit for ordinary anteiu.
gence. could not have prejudiced the com.
pany.
3. The evidence warranted the verdict,
and there was no error In denying a
new trial.
Judgment affirmed.
Saussy & Saussy, for plaintiff in error t
McAlpin & La Roche, contra.
If you F feel weak
and all'worn out take
BROWN'S IRON BITTERS
BEKOIAL NOTICE!.
SENATORIAL ANNOUNCEMENT
It being Bibb couaty’s time to sug
gest to the senatorial convention tin
Democratic candidate for the twenty
second district, I hereby offer myxoll
for the position, subject to the Demo
cratlc nomination of Bibb county.
N. JE.. H AR IMS<
FOR THE LEGISLATURE.
I respectfully announce myself a can* *
didate for the legislature, subject to
the Democratic primary, and solicit tin
support of my friends.
HOPE POLHILL.
FOR THE LEGISLATURE,
Subject to Nomination by Democratic
Primary,
HUGH V. WASHINGTON
ANNOUNCEMENT.
I am a candidate for the house of rep
resentntlves of the Georgia legislator*
from Bibb county, subject to the Dem*
ocratlc nomination.
JOSEPH. H. HALL.
FOR THE LEGISLATURE.
I respectfully announce myself as $
candidate for nomination to tho houst
of repreeeivtafives of the general as
sembly of Georgia* subject to the Dem
ocratic primary. .
JOHN T. BOIFEUILLET.
FOR THE LEGISLATURE.
I hereby announce myself as a candi*
date lor re-eleclion to the house of rep
resentatlves of the general assembly o!
Georgia, subject to the Democrats
nomination. ROBERT HODGES.
FOR CORONER.
Subject to die Democratic nomina
tion. E. G. FE11GUSOS, M. V.
FOR CORONER.
By solicitation of my friend, I hereby
announce niyaelf as candldato for coro
ner, subject to ft Democratic nomina
tion. I am yours very truly,
WILLIAM J. PARKER.
B. M. ZETTLER,
FIRE INSURAHCE AMD
& LOAN ASSOCIATi
403 SECOND STREET.
LOANS ON REAL ESTATE.
Loan, made on choice real estate and
farming lands In Georgia. Interest i
per cent. Payable in two. three or five
years. No delay. Commissions very
reasonable.
SECURITY LOAN AND . ABSTRACT
COMPANY.
430 Second Street. Macon. Oa.
Cheap Money to Lend
On Improved city and farm property.
Loans ranging from 5W9 up, at 7 per cent,
ample Interest; time from two ^to flie
yearn. Promptness and accommodation a
specialty. ^ 3 aNDBRSON & CO..
No. SW Second Street, Macon Ga._
LANDS FOR SALE.
I have on hand for Ml® Dnds U
Bibb. Hancock. Baldwin. Wilkes. Jon*^
Wilkinson, Twiggy Houston, Washing
ton. Dodge. Taylor. Monroe.
• Troup counties. TbM« tends cOft«ist ot
fartat that have been bid in at fore
closure sales, and for most part have
*u *n improvements and are In suefl
condition generally as to Ht them f of
being occupied at once. Can be had at
a bargain on easy terms. Call on of
•ftifcsi me at 4W Second street, 31a*
Son. Ga. HOWARD M. SMITH.
1SLLN30
'iHoiuTwaa