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THE MACON TELEGRAPH ; WEDNESDAY MORVIN'S, JUNE 3, 1903
Am
IBM I-r*--jaa*
President
.Suspenders
‘Ease
Comfort
Freedom
Durability
Meta! Parts Rust Proof.
Positively Guaranteed if
i "President" is on buckles.
Everywhere 50 cts.,
or by mail postpaid.
XigMordirk
oooooooooooooooooooooooooooooooooooooooooioooooooooooa
1 Our Specialties I
1 SATIN ItkANU STICK CANDY, FRENCH MIXTURES, 8
CHOCOLATE DKIII’S, CARAMELS, BON-BONS, PEN- 8
NY (iHOUS ........ X
Southern Distributing Agonts for 9
WALTER M. LOWNEY CO.’S line Cliocul.Ke Bon-Bonj. •’
g BEACH S CLARRIDliE COMPANY’S Fine Soda Water Flavors, Etc. \
—Headquarters Catalogue jj
JOHNSON, KING & COriPANY 1
Candy Manufacturers. 5
nacon, Ga. 9
(Exclusively Wholesale.) 5
SOOOOOOOOOOOOOOOCOOQOO OCXVOCOC. 1 0 OOOQOCOOOOOC x>oo ooo ooooo
THE SUPREME COURT
OF UNIT EH STATES
SUSTAINS Rtxnc or JUDGE spekr that a waiver of homestead
IS BINDING AS AGAINST DEBTORS IN BYKRUPTCY, THIS REVERSING
UNITED STATES CIRCUIT COURT OF APPEALS.
PREY
CB OP CATARRH
CRUMP’S PARK
^-TONIGHT—*
- - “Browns In Town” - -
Saturday Hatinee
•tQ$§|?L The Open Door
mm?
Policy of yv
1»*» uivrn tier It brilliant prcsldeat,
outside of the olemy.
OIK OPEN HOOK POLICY
Where (lit. dollar* roll out, h*«
helped hundred* of people to own
their own home*. Come In nnd. let
«■ t«iu to >«iii about our liberal
policy.
EQUITABLE BANKING Jt LOAN CO.,
Second Street.
nest to Taylor'* limit Store.
HELD OP"
for publlo approval or tlie reverve,
AMERICAN QUEEN
beer trill ataiul every rca*onable
te*t a* to purity, pnlntablllty nnd
all 'round exeelleuce, and come out
of the test with new laurel* for
AMERICAN QUEEN BEER.
\\ lint that name I* on the label you waiter It'a cupltul beer.
Acme Brewing; Company
Mci.ra. Hall & Wimberly, counsel
lot the Exchange Bank o! Fort Valley,
receleed a telegram yeeterday from tho
clerk or the aupreme court of the Unit-
el state, notifying the,m that the au-
rrema court had handed down an opin
ion yeeterday, holding that a waiver or
homeetead la binding and enforceable,
notwithstanding thp debtora bankrupt
cy, The caae In which the declilon
waa rendered la that of Joel W. Lock-
wood agalnat tha Exchange Bank of
Fort Valley, Oa.
Lockwood went Into voluntary bank
ruptcy. He claimed a homestead. Tho
Exchange Bank of Fort Valley held a
note given by. him In which he had
waived homestead and let up the
homeetead waiver In oppoaltlon to hla
claim. It waa contended on behalf of
Lockwood, the bankrupt, that the ef
fect of the bankrupt law waa to give to
the bankruut » homeetead which waa
absolutely exempt notwithstanding
that it hah been waived. Thie conten
tion waa opposed by tha bank through
Ita attorneya, who Inalated that the
bankrupt law made no change In the
law of the atate touching homesteads
but left the question to be controlled
by the reepeetlve atate* aa a matter or
local policy. The auprema court of the
United Statea auetatned the latter
v|-w. Under the dec'slon arrived at by
that court. tho*e creditor, who hold
■lebte containing waiver of homeetead
can enforce the homeetead waiver afie.-
the-debtor’! bankruptcy exuctly aa
though the bankruptcy had not Inter
vened and the court of bankruptcy will
withhold the bankrupt’s discharge Iona
enough to permit such creditors to sub-
Jo I the exempted properly to the pay
ment of those debts In respepet to
which the benent of homestead haj
boon waived.
Thla queatlon la on# of much Interest
not only on account of Ita importance
but alao on account of the fact that the
queatlon had bofh a mootel one alnce
the bankruptcy law was flrat pa**ed
In 1898. Different oourta have tnk-n
different views of tha queatlpn and In
Georgia. Judge Speer In the Southern
district ha« held euch, waiver* c?
homestead enforceable, and Judge*
Newman of. the northern dlftrlct ha*
held the reverse.
The queatlon flrat arose before Judge
B?cer in two cases known, a* the Wood-
luff case*, decided by him August «.
1699. In those cases the objection to
the bankrupts homestend Wfla raised
by the homestead waiver creditors, by
a bill Iq equity, which prayed thnt the
bankrupt's applications for discharge
be withheld until a reasonable time
hnd elapsed for the homestead waiver
creditors to e nforre their waiver or
homestead, cither by preceding* In tho
state court, or In the United States dis
trict court. Judge Speer hell that thin
waa the appropriate remedy but tho
circuit court of appeals, for the fifth
circuit, took a different view, holding
that the creditor should flle exception*
to the assignment of homestead by the
trustee In bankruptcy. In the Lock-
wood case the creditor* feeling bound
by thi* derision of the court of ap
peal*, Interposed their objection* In
the manner which that court held to
be the only proper manner. The mat
ter coming again before the court of
appeals, that court certified the qu*a- I whlcii^ «
tlona to the supreme court 6t the Unit- ’ v
ed Statea.
The aupreme court of the United
States not only held thnt the creditor*
had the right to subject the exempted
property to their debts Lut further held
that the objection* should be raised !«•
the mannerin which they hnd been ac
tually raised In the Woodruff coae,
which Judge Speer held to be tho prop
er mode and not In tha manner In which
the court of appeals pointed out.
Messrs. Hall & Wimberly, who rep
resent the creditors In the Lockwood
I case, were also attorneys for the credit-
j ors In the Woodruff case, and In that
case adopted the procedure which the
supreme court of the United States held
to be the only proper procedure.
The Importance of the question deci
ded by the supreme court Is well point
ed out by Judge Speer In hla opinion
In the Woodruff case 114 Fed. Hep.
p. 319).
"The constitution now of force, whl ’h
contains the provisions above quoted.
GfimtIkr Cue of Hromel ’Will Soon
Show n Decrease of Thla Diifflic
Statistics show that at least 97 out
of every 100 persons in this state arc
suffering from catarrh in some form-
Wbfle the disease- Is one of the moit
common with which the medical pro
fession has to contend, it also la one
of the most dangerous. This Is owing
to Its tendency to affect the bronchial
tubes, causing consumption and other
diseases of tbe respiratory organs.
Prior to the discovery of Hyomel, ev
ery method of treatment for the cure
of catarrh had be*n found wortblets.
This can be dearly*proven by the week
ly statements published In every large
city by the board of health, showing «*
great increase In the death rate from
diseases of the respiratory organs, and
the startling growth in the number of
persons afflicted with such troubles.
Tha discovery of Hyomel and Its In
creased use has already reduced the
percentage of perrons suffering from
catarrh. This wonderful remedy Is the
ifmplest and most pleasant of all treat-]
Hyomel In
:omes with
verey outfit, breathe through the In
haler for ten minutes four times a day.
Relief will be seen from the flret treat
ment; cure will soon follow, it is the
true treatment for diseases of the res
piratory organs.
Scientific and medical men recom
mend It. Leading druggists have so
much faith fh It that they guarantee
a cure or they will refund tbe money.
In this city, Mallory IJ. Taylor Is sell
ing It upon that plan, so that many of
our readers can use Hyomel without
Its costing them a cent unless It cures.
Can there be a fairer way?
CERTIORARI DOCKET
adopted in 1877. This constitution
substituted for that of 18«8, which
made provision for a much larger homo-
ad exemption, namely, $2,000 In land
1 $1000 In pewnalty. The constitu
tion of 1608 * as adopted shortly after
the late civil war, when the dire necea-
aitles of the people resulting there
from had caused a popular demand for
large measure* of relief to debtora. It
was soon found, however, that the pol
icy of allowing a homestead exemption
so large that It practically protected all
the property in the state from levy and
sale for debt had destroyed private
credit The people concluded that they j mentt. Just put a littli
had gone too far, and that the remedy the pocket inhaler that
was worse than the m ilady. A conven
tion was called, to change the constitu
tion, and perhaps the most Important
change iq the organic law effected by
that body was the revision of the home
stead and the reduction of Ita value to
the amount now prescribed. But this
waa not the only change In the home
stead law effected by the constitution
of 1877. Under the constitution of 1888,
It was impossible for the debtor to
avoid the effectives j*s of hla exempt
ion by any Waiver or renouncement o!
his right thereto In a simple promise
to pay. This Inhibition upon the citi
zen* of the state was scarcely less In
jurious to the credit of tbe people than
th<* larg- honinstead Itself. The farm
ers .merchant* and business men of
small property, who constituted an Im
mense majority of the people, had no
basis of crgdlt to obtain funds by
means of which the really enormous
rerourcea of the state could be devel
oped through Individual ventures. This
being true, tha people perceived that
not only must the homestead be reduced
In also, but that the head of the fam
ily In whqse favor it was allowed must
be given the privilege of waiving It. in
order to obtain credit This resulted In
thnt clause of the constitution above
quoted,which made the waiver of home
stead effective. In reliance upon this
provision of the organic law. for nearly
a quarter of a Century, almost If not
quite nil of the ^Important contracts for
lending money In this state have been
made. It was, ©deed, essential to pri
vate credit. A simple calculation,
based u0bn the number of persons In
Georgia entitled,to the $1,400 homgptaad
of the present constitution, and the ag
gregate value of property In the atate,
will damon*4rat* that, without the pow
er to waive home*t**;\d. values equaling
all the property of the state could be*
set apart and exempted, and therefore
withdrawn from the assets of the peo
ple available as security for debt.' It
may be further said that the great ma
larial development of the state during
the last twenty-two years has been
largely attributable to the stability of
credit and the confidence of business
men resultlux from this clause of the
constitution. If’thi* provision Is now
to be rendered nugatory. It I* obvious
thnt It may produce the moat far-reach
ing and dtaistrnia affects.**
Will Be Called
I thi
; the
certiorari docket will be called In the
superior court next Monflpy morning
at 10 o’clock. There are quite a num
ber of case* to be heard and the entire
day will probably be taken up by argu
ments of counsel.
Ill* BROTH Lit SAFE
Capt. J. H. C. William* of No. S Are
company received a letter from hie
brother, J. L. Williams, in Gainesville,
stdtlng he and hi* family were hot In
jured by the tornado. Mr. Williams la
a member of the city council Iti the
stricken city.
tbo
Ilaldnen* Cured by Dent
Peraelte Germ Tliot C
Baldness follows falling hair, falling
hair follows dandruff: nnd dandruff is
the result of a germ digging Us way
into the scalp to the root of the hair
where It saps the vitality of the hair.
To destroy that germ la to prevent as
well as cure dandruff, falling hair, and,
lastly, baldness. There la only one
preparation known to do that, New-
bro's Herplclde, an entirely new. scien
tific discovery. Wherever it ha* been
tried It has proven wonderfully auc-
ssful. It can't be otherwise, because
It utterly destroys the dandruff germ.
You destroy the cause, you remove
the effect."
gold by all leading druggtita. Send 14
cents In stamps for sampla to Tht Her
plclde Co.. Detroit. Mich. Lamar A La
mar, Sol Hoge'a old aland, Second and
J. T. STEW ART’S PRICE LIST.
Uapreaeaito Prepaid on
4 m tejv?"**** • • • • *«•
* :
4 1 Y.c-oontr Myw • • • 4*1
4 T hew Vsiire »tjf* • • • • «m
*’S*mflui cnakcoiseei OreV .* U!
ttwsoaiiOM . i • .... tot
.V/.V }S
<ea*rt*J«ff qerst Rye ..... j4 j
IgsL Jaf - - •• tn
4 eu*rt> Anchor Out j oj
lasting * in
t * " N*w Enslnna Hum No. I . IN
i • • ttu.,c ..... . m
f* uooil* to oniuc address.
! ■£ ft* sf v ki» jsra x i 1
I s*t iug Rotund ilia
-e funded.
J. T. STEWART.
y< OOCOOOOOOOOOOCO OOOOO OOOCX OOOOOOOOOwOOOOOOOOC COOC 0 c
Bibb Manufacturing Co.,
Macon, Oa.,
'—> Manufacturers of
Cotton Yarns, Warps,
Twines, Hosiery, etc.
PLAIN PROOF!
► IIAT THIS GENTLEMAN ggTf 1
ME KB STATEMENT OP PACTS
No one ‘ever had any reason for <
ntlng from the particulars and proof)
Iff!* LAST HOPE REALIZED.
From the ffentlr.fl. Gobo, Mont.
In the flret opening of Oklahoma to
aettUf* In 1889, the t^dltor of this paper
waa among the many seekers after for
tune who made the big race one fine
day in April. During hla traveling
about and afterward bis camping upon
tolm, he encountered much bad
ther with the severe
ery severe diarrhoea,
which It "acomcd almost Impossible to
check, and ntnn£ In June the case be
catne so bad he expected to die? One
day one of his neighbors brought him
one small tnttlo of Chamberlain’s Colic,
Cholera nnd plarrhoea Remedy ns a
last hope. A big dose VM given him
while he was rolling about on the
ground In great agony, and In a few
minutes the dose was repeated. The
good effect of the medicine was soon
noticed, and within an hour the patient
was taking his first sound sleep for a
fortnltht. That one little bottle work
ed a complete cure, and he cannot help
but fee! grr.teful. The rmson for bow
el di-orders being at hand suggests
this Item. For sale by all druggists.
IN T1IE
COURT
Several Cain »U»«.*rd of by Jnry
Rcforr Ju<U«* lloditr*
Joe G'.ddlns, colored, was found guilty
yesterday by a Jury in the city court
of Mmple larceny. He was sentenced
by Judge Hodges to six months In the
chain-gang, or VA Olddlns stole
eml cans of condensed milk from Mr.
8hlnholaer’s store on Fourth street.
aeorge Tumef, colored, not guilty
of gsmb g.
VIrge Kicks, colored, plead guilty to
carrying concealed weapons. He
sentenced to seven months In the chain*
for verification of the gang.
,imo !• within e.ey reach or .very r*»- jo,' Johnion. colored, etole nverat
W*f» *** vicinity. Th.t Doan’e doren can, or condeiued milk tmm
Kidney 1 III. promptly »nd effectual!j 1 s jc Wrljht on fourth itrM He « ,,
.ure kidney complaint, la .ubetantlu- : . .t.nced to nine rrn-f. on the .»• •
1*1 not only In thi« pnrtlcul.r ca», but; chart.*, Bother o’.'., i p'.rt.led iu I-
by all Who hare flveu them . ftjlr tytul. ty to k.mlnit ,n,l . t. .enteneed to .lx
testimony like.tie .how. that you uo mm ttha or a flee of tit
b“‘cured th "" ,n ‘ , * , " ,ll * ly ,n I ferry Walker, colored, found «ullty
Waller McLachlUn a machine hand, | monttUMo «nx ^ '° > X
employed at J. Hollttay * 8on’a plan-1 pn,nk Hendrlcka. uhlte. ruUty of a
lh« mllL_ WhwUn«. W. 'addre.. j mltd-meanor. He u.t. ,enteneed to tlx
Jacob itreet. aaye: "Had I not month- or US.
“J"- «“} Kh ' n > *Ud I p. Heal, white, xultty of cruelty to
would not be alive now. I waa In * tet- anlm.li. Ftne.1 SSS or four month,,
rlble condition, and although I took I ,
quarts of medicine. I got no better, but j BEFORE THE ItECDBDER
worse. Friends spoke of my had ap- Recorder Freeman yesterday sen-
pearance. and thousands knew about It. tenccd \\\\\ lohgson colored to sixty
I could hardly get around, and felt and day , for bttol . drun ’ k Bnd jleorderlv
looked Ilk* a dead man more than a He area also bound over to th > citv
living one. Doan’s Kidney Pill* were court for larceny
a blessing to me. half a box relle\*»d John Young and Jerome Smith small
. me. three box., entirety cured me. and , rt , hoy.. ,.nten. .• 1 to ‘twenty-,un-
now I feel a. though my back waa U da?? fhrWtoStJ twenty-nln
.iron. a. that of any horee tn Wheel- .1,™ 11 1
In*. I would rather Yave n box of n «or.ler Freeman
I noan’. Kidney Pill, than the eervlces of ... determlneoTn r
* p'm ' v h ; *!*’"'■ o. o,"r.v.rnS: d
r or sale by all dealers. Price. 10 1
cent*. Fo*tcr-Milburn Co.. Buffalo, N.
Y. sole agents for the U. 8.
Remember the name— Doan's —and
take no other.
FALLING IIAIR STOPPED
Mulberry atreeta.
Plonty of money always
on hand to loan on roal ci
tato- Ono to ton years. No
commissions. Equitable
Banking & Loan Co.
YESTERDAY’S WEATHER
dcorologlral data furnished by the
I office of the United 8t*tee depart
ment of agriculture, weather bureau, for
th* twenty-four hours ending at 4 p. m.,
entral time: %
6 pm-
...Mill pm..
..761 K am....el'll am...74
« pm.
...7912 mn..
..71 S am....Mill m ...7J
7 pm.
...™ 1 HOI..
..72. 7 am....*•! 1 pm...9)
S pm-
...<7| t am..
,.70| 1 am..,.79, 2 fm...Il
v> pm.
...7lU am..
..$*’» »m....70| 2 pm...Y2
10 pm.
...T7| 4 am-.
• •'•vio am....76( * ptr...
Klv
rr Report
The
hetsht of
the Ocmulgee river at
Macon
at 7 a. m
. waa 1*.% ft «t, a rUe
of l.t
feet durlni
hour*.
beln* 14.5
of im Thi
e Oconee river at Dub-
Un wa
■ 2.1 feet, a
i tall of 0.6 or a Lot
Acts
Gently.
>n tho atreeta
' Murphy
the city.
They
ms," stated the recon
Farmers are anxious
18 and 20 Thomas SL
Now York Oflico,
Go down to Tybeo next j
Sunday and get. a whiff of ■
salt air. Hound trip §2 25 .".n.'.'
Central of Georgia's Hail-! 'S'"'”' T
way > "Sowihoro Social.” 1
L aves Union Station at
4:40a. iu. 1
GvofgU Railway will
l*t. at nit of Its coupon
limit October S'.st For
Shirtwaist Boy
Some mothers don’t want their boys to
wear men’s shirts and to please these
very mothers we are showing a beautiful
line of Shirtwaists for boys from 3 to 12
years of age.
Waists for Play, Waists for School,
Waists for Dress, Blouse Waists.
Some with attached some with detached collars.
Neat patterns. Plonty of styles to select from,
and best of all they aro
Puritan Waists
The best made
Sold only by
Benson, Walker & floore,
The Up-to-date Clothiers.
STILL THE FAVORITE
WILLOW
DALE
rye —
EIGHT YEARS OLD.
$2-45 Per Gallon. Express Prepaid.
A. & N. M. BLOCK,
Distributors.
MACON, GEORGIA.
CALDER B. WILLINGHAM, Jr.
Crockery,' Stoves, Refrigerators,
Ice Cream Freezers,
Fruit Jars, House Furnishing Goods
Etc., Etc.
CALDER B- WILLINGHAM, JR.
Triangular Block.
Amason’s Price List
N«l»cn County Rye
Laurvl Vj!>
porn^Feortla Whit* Cc
Holland Gin
New England Rum....,
Amaaon'e Corn Hr.uck..
Monogram Rea
Ok: Moun
D’.ub'.e St
Mill Ur- l Cablr
KentvekV r
B ar A Rv
> Jump-
CVMnut I
AA P.r
J. W. AMASON,
!*l.UT, MACO\, ga.
Mozley’s
Lemon Elixir
Tybeo and return $2.25 on
Sunday “Seashore 8peoiaJ,”
leaving Macon 4: 10 a. m.
First trip Sunday, Juno 7th.
Every Sunday during season
thereafter.
June 13th Is the Date.
The Macon-Ashevillo sleep
ing car starts on tho above
date, and will leave Macon
7.23 p. m. daily, arriving
Asheville tho following
morning, James Freeman,
Trav. Pass. Agent,
Southern Railway
J. S. Schofield’s Sons Co.,
MACON, GEORGIA.
High Grade High.Pressure Return Tu-
Machinery. bular Boilers.
Heavy Doty Stationary Steam Engines.
All kinds Cast, Wrought Iron and Steel Work
^^BABY EASE^-"
The be.-t Bprinp un>18y Dimer Aliniicina for Ha hie-, and Chil-
nren. All teih:ng children should take it. Pur sate by aU
dnb-'iriats. Ask about ti* Gold King Offer.
Trade-mark securely stamped on ever;
bottle.___^^*-
CARBOXATED
Drink Only the Genuine