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TI1E MACON TELEGRAPH: WEDNESDAY MORNING, JULY 24. 1901
A HAPPY
HOME
MR. PEYTON WADE |
COMES TO FRONT'
Is one where health abounds. i
With Impure blood there cannot ;
be good health.
With a di.iord2red LIVER there I
cannot be good blood.
DUBLIN, Ga., July 23, 1001.— I
vent that Hon. YV. G. Brantlo
Brunswick decides to become
ite for governor, the friende of Pc
Wade, Esq., of this city, will pre
s name aa a suitable candidate
revivify the torpid LIVER and restore j congress to succeed Mr. Brantley.
Dr. Lyon’s
PERFECT
Tooth Powder
Used by people of refinement
for over a quarter of a century.
its natural action.
A healthy LIVER means pure
blood.- ,
Pu/e blood means health.
Health means happiness.
Take no Substitute. All Druggists.
BANKS
E.si.UlI.lMliil) 1\
l.C. PLANT'S SON,
dr. n.
MACON, | RANKER. | GA.
CHAS. D. HURT, Cashier.
Acted and all consistent cmirlrhlm
extended to piitronn. Certificates of
til a few yearr ago the people of uiu-
rena county were cut off from the out
side world and therefore th’a county has
•er been recognized in the dlstribu-
1 of political (Offices, except in the
e of Governor George M. Tvoup. The
pie here think that it in about time
that this county be allowed to furnish
the congressman. Mr. YVnJe is one of
brightest young men in the state,
is a lawyer of considerable abill*
In fact there is not a better one in
state. He has never been a candi
date for office, though he has several
s been city attorney of Dublin,
having been elected without any effort
his part. He always said that h*
could see no difference in an attorney
soliciting work from a city than one
coking work from individuals. That
if the latter was wrong the former was
alro.
If Congressman Brantley decides to
become a candidate for governor and
’eyton Wade be elected his successor in
ingress, the people of the Eleventh
district will still be ably represented,
gaining a good man ?ot a good nun
lost.
R. H. PLANT, GEO. II. PLANT,
President. Vice Fresldnct.
W. W. WRIGLEY,
Cashier.
FIRST NATIONAL BANK
OP MACON, GA.
UNITED STATES DEPOSITORY.
CAPITA I, AND SURPLUS, #200,000.00.
Cubic Address, Organised
First Nut. ISOS.
The policy of this bnnk 1st To lie
•tronffp to be lllierul, to be prompt,
to serve its depositors well, hold
ing their interests ns identical with
Its own, noil, doinir a largo 1»iim>
incus, to be sutlsflcd with smnli
ynargln of profit on cuch account!
And to be courteous to all.
EXCHANGE BANK
OP MACON, GA.
ff. W. CAHANISS, S. S. DUNLAP,
President. Vice-President,
C. M. ORR, Cashier.
Directors!
a. W. CabnnlNs, S. S. Dunlap,
ftV. It. Ilo-crs,
It. E. Park.
YV. A. Doody,
A. D. Schofield,
J. H. 'Williams,
We soloclt th
fc'hants, planters and 1<
klirni courtesy, promptness, safety
kind liberality. The lamest rnpltnl
nail surplus of any bank In Middle
Georgia.
L. W. Hunt,
II. J. Lamar,
Sum Mayer,
N. II. Corbin.
business of >1
UNION SAVINGS BANK
AND TRUST CO
MACON, GEORGIA. .
BAFETY DEPOSIT llOXES FOR RENT
tf. W. CAUANISS. S. S. DUNLAP,
President. Vice-President.
C. M. OKIl, Casbler.
1 W. E. DUNWODY. Accountant.
CAPITAL #200,000. SURPLUS #30,000
Interest puld on deposits. Economy
Is the rouil to wealth. Deposit your
aavliifcs and they will be increased
liy interest. Compounded nciul-an-
stually.
THOMSON TOPICS
Wole
the
Minis
Mciitli
THOMSON, Ga.. July 23.—Mr. anrl
Mrs. YV. S. Curtis and family have re
turn!'.I from Bradshaw’s lake, where
they have bten on a camp fish. Their
guests were Mr. and Mrs. J. li. Rich
ards, Mrs. John Hall of Greensboro,
Ml.'.s Louise Cole of Augusta, >1 >sos
Helen Belllngrath and Kate Harrison
and Mr. J'.m Harrison cf Atlanta,
Misses Rop.i Hardaway. Nina Edmond
son. Gertrude Jones and Mr. Hamilton
Harrison.
Dr. B. P. Riley, former pastor of the
Baptist church here, but now of the
first church of Houston, Tex., spent a
few days of hin vacation here among
his many friends and admirers. Much
to the delight of his former church nnd
congregation, he preached to them Sun
day night. The people are nlwnys glad
to welcome Dr. Riley back to hip old
field of labor, where he is so much
loved. lie loft Tuesday for Atlanta,
accompanied by Mrs. E. M. Hardaway,
Misses Annie O’Neal, Ava West and
Marian Groes, to join a large party
from there to attend the B. Y. P. U.
convention at Chicago. They will then
visit Buffalo, Niagara Falla, Toronto
and other places before returning
home.
her p;ster, Mrs. John Burkhal
.Mobile, Ala., will join the Tl
party en route and k<> with tl
Buffalo.
Miss Callie Nelson of JeflVrso
Is the guest of Mies Rosa Hat
this week.
Mrs. YV. W. Hard aw
vlritlng Judge E. H. 1
Mrs. YV. O. Harrison
Atlanta have been lie
lelatlves for a week or
soon go to RotMLcau F
the remainder of the summer.
Col. and Mrs. Albert Cox ai
Troup and Charlie. <>f Atlant
gueats of Hon. Tom Watson and famll
last week,
fine address to tho
Daughters of
vast audience greatly enjoyed the rn
treat.
Miss Rebecca Neal of Washlngtc
Ga.. Is ppending a few weeks with M
John B. Neal.
MORMON KI.DKIIH IN WARE.
of Macon is
id son
Front counter. Mon’s all wool suits. Light,
medium and dnkr shadings,
m W.itson and family Cl
Cox delivered a very A
ho old veterans and j
10 Conft'der»cy. TI,.'! O
$3.00 valuo
Despite «•!>■
tin
Miss Buford Johnoon, who Is visiting Joe Smith.
YVAYCRO88. Ga.. July 23.-Accord
ing to previous appointment the Mor
mon elders filled their engagement at
the Mihvood Academy Sunday. It
seems that some of the good citizens
of Millwood undertook to prevent tho
Mormon elders from preaching In the
town, nnd to keep them out of the
school building. In order to do thin ’
they took a strong chain and locked
the door up, but this means failed to
keep the persistent Mormon elders out.
It Is said that they procured n tile and
cut the chain in two and then went in.
The good people of Millwood are very
much opposed to the Mormons, and
this act of lawlessness In breaking open
the school house. It may be that they
will make it hot for the followers of
Seo window display of pants,
in this lino.
3S(2o
A groat hat salo wo inaugurate this wook.
All summer stylos nt COc on tho dollar.
AND
FOR
Mon’s sox, value 40c and 60c.
Fancy stylos only.
o-o-oo-o-o-o-o-c
Supreme Court of Georgia
COMMERCIAL AND
SAVINGS BANK
OF 3IACOX, GA.
GENERAL HANKING I1USINESS.
INTEREST PAID ON SAVINGS.
HAVE RICH
and grow
SPEND POOR
Arts a* a guurdlan, administrator,
Xeclerer, etc. Safety deposit boxes
ar. M. JOHNSTON, R. J. TAYLOR,
President. Vice-President.
L. P. IULLYER, Cashier.
American National Bank
UNITED STATES DEPOSITARY.
MACON, GEORGIA.
Money loaned cn collateral, and good
paper discounted at reasonable rates. We
combine strength, with progreaslveneaa
end liberality. Accounts desired. Address
L. P. IIILLYER, Casbler,
Decisions Rendered Tuesday, July
SB, 1001.
25. Ivey vs. State. Before Judge Fite.
Whitfield superior court.
Simmons, C. J.—The Mate, ns accuse?
In a criminal proceeding, -does not seek
one of Its citizens convicted unless the
evidence shows his guilt beyond-a rea
sonable doubt; nor will it permit Its
prosecuting officer to use any unfair
means in the trial .or illegal argument
in his address to the Jury, to tho pre
Judlcn of the accused.
Where,therefore, a solicitor-general .
hla address to the Jury uses highly im
proper language not authorized by the
evidence or any lair deduction there
from, and the counsel for tho accused
objects thereto and moves the court
to declare a mistrial, wnlcli the court
refuses, and exception Is taken to the
ruling, this court will reverse the judg
ment and grant a new trial in the in
terest of Justice nnd of fair and impar
tial trials.
Judgment roversed. All the Justices
concur.
Jesse A. Glenn and George G. Glenn,
for plaintiff in error; Barn P. Maddox,
solicitor-general, contra.
726. Conny vo. State, lteforo JudgO
Adams. City court of Dublin.
Lumpkin. P. J.-To constitutj tho of-
fens-.- of riot, thoro must bn not onl;
u common Intent on tho pnrt of two or
mor** persons to do an unlawful uct of
violence or some other act in a violent
and tumultuous manner, but also
cert of action In furtherance of such
Intent.
Judgmet reversed. All concur.
Griner & Williams, for plaintiff in
error; E. G. Corker, solicitor-general,
contra.
727. BoyBlegol et ul. vs. Rome Mutual
Loan Association. Before JudgO
Henry. Floyd superior court.
Lumpkin. P. J.-l. An lnjurfctlon
should not be Krnnted when the plain
tiff In the petition therefor Ins a com
plete and adequate remedy at law.
2. Tho defendant In error In the
present case hoa such n remedy by
claim, tho successful prosecution of
which would, for all essential purpose",
have been as effectual as the equitable
proceedings, nor wai this proceeding
maintainable on tho theory that It was
necessary to prevent a multiplicity of
suits.
Judgment reversed. All concur.
G. A. A. Harris & Son. for platntlffs
In error; Hnlsteil Smith, contra.
728 McFarland vs. Park Woolen Mills.
Before Judge Henry. Walker supe
rior court.
Cobb. J.—Under the facts disclosed
by tho record, thers was no abuse of
discretion in refusing to grant an In-
junction.
Judgment affirmed. All concur.
Tomlinson Fort nnd Payne & Payne,
for plaintiff; Pritchard & Sizer, lor de
fendant.
729. Sims vs. Slme. Before Judge Lit
tlejohn. Sumter superior court.
. Cobb, J.—L After a verdict has been
received and the Jury have dlrporsod a
juror wiU not bo hoard to say that tr
did not agree to the vordic:.
There was evidence authorizing
the verdict. The charge* complained
of were free from error; the newly-
discovered evidence was cumulative;
and there wit no error requiring the
granting of a new trial.
Judgment affirmed. All concur.
Allen Fort, F. A. Hooper and E
Hawkins, for plaintiff in error; J,
Hill and Gmrry fk Mall, contra.
731. Terrell vs. Fraeer. Before Judge
Calhoun. City court of Atlanta.
Fish, J.—1. Where in an action on
promlroory notes given for the pur-
chase-money of land for which defend
ant held the plaintiff’s bond for title,
■there was a general verdict for the
plaintiff, it was not cause for a new
trial that the verdict did not find that
he was entitled to a special lien on the
land, although he prayed in the peti
tion that Huch a lien be established.
A general verdict was all ho was enti
tled to as a matter of right. He may
show by aliunde proof the priority of
tho lien of his general judgment as t<
the land, when it becomes necessary.
Marshall vs. Charland, 100 Ga. 300; Bash
vs. Bank of Thoma»ville, 111 Gn. 006;
Tripod Paint Co. vs. Hamilton, lb. 823.
2. The grounds of the motion for a
new trial other thnn that dealt \
above, In essence, amount to no more
than general complaints that the ver
dict is contrary to nnd not supported
by the evidence. In that the amount
thereof Is less than that to which tho
plaintiff was entitled; nor do the
grounds here referred to properly pre
sent for decision any special question of
law. This being so. and it appearing
that there was sufficient evidence to
sustain the verdict rendered, nnd It
having been approved by tho trial
judge, the Judgment denying a new
trial will not be disturbed.
Judgment affirmed. All concur.
W. H. Terrell and S. C. Tnpp. for
plaintiff In error; E. M. & O. F.
Mitchell, contra.
that tho agent, o.-y far as Mated to his
participation therein, was acting upon
his individual responsibility nnd not
within the scope of the business of hla
agency as nn employe of the company.
Judgment affirmed. All concur.
D. H. Clark’, for plnlntlff; Denmark.
Adams & Freeman, for defendant.
735. —Hazlehurst Company vs. Napier
Brothers. Appeal. Before Judge Fel
ton. Bibb Superior Court.
Lewis, J.—It appearing from the evi
dence introduced In the support of the
plaintiff’s action that the same was
based upon the breach of p parol con
tract touching the salo of personalty
amounting In value to (more than fifty
dollars, nnd that the case did not fall
within any of the exceptions named In
the statute of frauds, there was no
error in sustaining the motion to non
suit.
Judgment affirmed. All concur.
M. W. Harris, for plaintiff In error;
Hardeman, Davis, Turner & Jonea,
contra.
736. —Gaines vs. Bankers* Alliance. Ac
tion on insurance policy. Before Judge
Reese. Hart Superior Court..
Lewis,J.—L It wan error to treat ns a
demurrer a special plea to the Juris
diction and nn amendment thereto, and
to enter Judgment thereon dismissing
the plaintiff’s action.
2. Under the allegations of tho peti
tion and tho amendment thereto, the
court and the Jurisdiction of tho cause
of action.
Judgment reversed. All concur.
I. 0, VanDuzcr nnd C. P. Harris, for
plaintiff; J, II. Hkelton, for defen
dant.
aa>Wulu.uVAu.\A\!\w .n.n.v! .u,u.if.vi.u.vfm
Good and Wholesome. *
Those who know n good thing in
sist on having tho colobtatod
“AMERICAN QUEEN”
boor. It fills all (ho wants of tho
human system. It takes away that
lipt summery fooling and
Gives You the Comfort
which you dosire, but seldom pos
sess. Wo innko and soil it bocauso
it’s tho host nnd you appreciate it
because it’s what wo ropresont it to
5
5ft
Sf2
6
5ft
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732. Southern Live Stock Insurance
Company vs. Benjamin et nl. Arbi
tration. Before Judgo Reid. City
court of Atlanta.
Little, J.—1. When by the termn of
a submission In writing certain mat
ters are referred to a named perron to
act as arbitrator between tho parties,
who Is Invented with all the powers
conferred upon three arbitrators by tho
code of the citato of Georgia, and who
it is stipulated shall hear evidence
and make a finding on matters of fact
Involved in such disputo Just ns three
arbitrators would, such a mibmlsiilon
Is one under tho common law, though
the powora of the arbitrator bo meas
ured by reference to statutory provis
ions; and it Is therefore not a condition
precedent to the validity of an award
made by the chosen arbitrator that be
should be sworn before his award is
made.
2. Parties to an agreement to submit
their differences to an arbitration (not
statutory) may expressly waive that
the arbitrator bo sworn, even If, under
the terms of the submlss’on, the arbl
trator is required to be sworn; and an
award rendered by an arbitrator under
such o submission, where the waiver Is
made. Is not illegal because of a fatlun
on tho part of tho arbitrator to be
sworn,
3. An award which Is legal and bind
Ing on the parties to the submission
is likewise binding on a surety on
bond given by one of the tmrtles to pay
the eventual condemnation money
which Is the amount of the award. The
surety on such a bond, not being a par- 739.-Burt vs. Kuhnen
Habt
MACON SAVINGS BANK
CTO MULIIERRY STREET.
AN AUTHORIZED TRUST COMPANY.
7#0. Hollingsworth vs. Howard.
tore Judge Candler. DeKalb superior
court,
Lumpkin, P. X—1. Admitting irrele
vant testimony will not be held c
fo*\ a new trial, unlca* it appears that
the ss.me was of sufficient consequen
to injuriously affect the party corn-
plaining thereof.
There may. In an action against
Joint tortfeasors, be a lawful reco
against only one of them.
1 The evidence in the present
warranted the verdict.
tl. T. POWELL l*i
J. W. CAN.XC
ariFTON .n
STEItN
II.
frlstli... Mr*t!<
#| 9 3»i. Fttsgen
ft A Ml AT.
"Nos. 1. 2. 3 an
j«Uy; trail:* No
only.
*tns make
J. 1301.
I 2 Ci I
ArIP M P M
ti .IlMH a s M
Lv;a M PMIPM
r. i and A run on
lent afflr
Milner 1
-I All concur
■'1 Hugh M. D
Sanitary
Tooth Brushes.
mi inn mii
ty to the submission, has no I*gal right
to complain of an irregularity In the
proceeding had under the submission,
which the principal could have legally
waived, and which he did actually
waive. Inasmuch as the undertaking
of the surety is independent of the sub
mission. Liability on his part can
only be avoided by showing that the
award ns to the principal was for some
luee Illegal.
Judgment reversed. All concur.
II. E. YV. Palmer and T. L. BI*op,
for plaintiff In error; John L. Hopkins
& Bone, contra.
733. Griffin vs. Central of Georgia Rail
way Company. Case. Before Judge
Estes. Newton superior court.
Fish, J.—When in the trial of an ac
tion by an employe of a railroad com
pany against it for personal Injuries,
the plaintiff introduces testimony war
ranting a finding that the defendant
was negligent, and It is. under all of
the evidence, an open question wheth'-r
or not the plaintiff was guilty of neg
ligence contributing to the Injuries, the
case should be submitted to a Jury,
and not disposed of by granting a non
suit. The granting of a non-suit In
the present case was erroneous.
Judgment reversed. All concur.
E. F. Edwards and Ouerry A Hall,
for plaintiff; tawton ft Cunningham,
for defendant.
737.—Thornton vs. Mutual Building and
Loan Association. Illegality. Boforo
Judge Reese. Hurt Superior Court.
Simmons, C. J.—Where a suit ts
brought upon a written contract which
is not unconditional, a Judgment co
d' thereon by the court without ft
Jury Is void. %
Judgment reversed. All concur.
A. G. McCurry ond O. C. Brown, for
plaintiff in error; YV. L._ Hodges and J.
II. Skelton, contra.
38.—Culver vs. Silver. Complaint for
land. Boforo Judge Reese. Hancock
Superior Court.
Simmons, C. J.—1. This coifrt will not
review the evidence in a case, when
It is apparent that there has been no
bona fide effort to brief the evidence ns
required by law, and when tho docu
ment purporting to bo a brief of tho
evidence is extensively Intersperse
with objections to testimony, »tate
moots and arguments of counsel, ant
evidence to which objections were sus
tained, and also with colloquies be
tween counsel and court, none of which
properly find place In a brief of evi
dence Price A'b Illgh, 108 Ga. 145;
Moore vs. Medlock (473), April 28, 1901.
2. YVhere in such a cas»» no questlori
Is presented for decision which can be
determined without reference to the ev
idence, the judgment below must be
nffirmed.
Judgment affirmed. All concur.
T. L. Reese, for plaintiff in error;
R. II. Lewis and C. A. IMcquet, contra.
Claim. Before
sham Superior
bo.
Sft
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ACME BREWING CO.
Tolophono and mail orders for family trade
liavo prompt attention.
512
M.u l .U' i n , 'V,u-wu'iv;\-\vw\v\v \vyvyv
House Building
your lumber la
duality, mm
nnd strictly 1
Massee & Felton
Lumber Co.
oil this kind nt
vent mnrkrt
id kllndry It
nrn tulk-
nliout. We Invito
intee antlnfurtIon.
price* nnd look at one
itonda before you buy*
31—Lynch v». Florid. Ontrml * P* n
insular H.llroart Oomp»n y.
Tl.for** Juflft* SMbrook. Rffln.l'"™
Superior Court.
Ltltlr, J.—A r.llro.il company I* n,,t
i.ihlo for qama.es rcsultln* from »"]
• MS 1
M. J. Lamar & Sons,
another, upon s tblrf
: appear* that the d*
iva ri»e to the b*at
. personal quv***»
Igo
Court.
Lumpkin, P. J.—1. Land bought by a
husband for his wlf* and paid for with
her property; and thqugh ho takes the
gat title to the same, it cannot, as
against a claim by her, be lawfully
subjected to the aatlafactfon of a Judg
ment against him, if, at the time of the
creation of the debt on which the Judg
ment Is founded, credit won not given
to the husband on the faith of his ap
parent ownership of such land.
The evidence in the prenont
demanded the verdict which the court
directed, ond no sufficient cause for
setting It aside appears
Judgment affirmed. All concur.
J. C. Edwards and M. T. Perkins, for
plaintiff in error; Hubert Estes and
Robert McMilitn, contra,
0. Burt vs. Rubley. Claim. Before
Judge Estes. Habershsm superior
court.
Cobb, J.—l. A statement in an en
try of levy that the defend**nt in exe
cution was In possessioa *»♦ if,., date
of the levy is prime facie evidence o7
that fact.
>n!lnu«*«l on f*A«e> SI*
Established in 1881.
The Largest, Host Reliable, Cheapest and Best Whole*
sale Liquor House in Georgia.
Occupying Four Largo Storos and Ono Largo Warohouso.
The Altmayer & Flatau Liquor Co M
506, 508, 510 and 512 Fourth Street, rtacon, Ga.
Phone 265. Near Union Passenger Depot.
Three Great Offers
Next Thirty Days.
Express Pre-pald.
FIRST#
CLIFFORD It YE, 3 years old. #3.2S
P*** *«llon, or four full quarts for
fX.no, riprni |*rr-,,*ld.
SECOND.
ANVIL RYE, » years old. fU.fiO pet
icnllon, or tour full quarts for #2.75f
express prepuld.
THIRD.
GKO. J. COLEMAN RYE, f! years
old. #Z.7fl P**r qnllloo, or four full
•liiarfs for f.T.OO, express pre-pald.
OLD KENT I * ICY COHN, anaranteerf
rBNNIYLTANIA PURR KYR.
EIGHT YEA IIS OLD.
OLD BIIAItl'K WILLIAMS,
roiR FULL OUARTS OF THIS FfNR
OLD, I'l'ItU RYE.
C-W F-A EXPREBS
•P3.5U PUKPAID
w* handle
elahl years
I'llnx brands
1 HARGE FOR JUGS Oil DOTING.
SPECIAL INDUCEMENT.
WILL FREDA t THE EXPRESS
sud Appla
ly as low,
upwards.
riaeata St-