Georgia weekly telegraph, journal & messenger. (Macon, Ga.) 1880-188?, May 28, 1880, Image 2
Critgraplj rf &«agtr
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FRIDAY, Hif 28, 18SO.
The Democracy of-Hacon Moving.
Action of the Democratic Execu
tive Committee.
Macon, Ga., May 22,1880.
Pursuant to the call, the Democratic
Executive Committee met at tbeprart
house this morning at 10 o’clock. A quo
rum being present, it was
Resolved, That the Democrats of this
county meet at the court house on ti e
first Tuesday in June, at 12 M-»
purpose of sending delegates to the St ate
convention, to he held in Atlanta on the
Oth day of June.' . * !
There being no further husmess^tlie
meeting adjourned. 1 ,
G. W-GuSTUf; Chairman. .
W. Dessau, Secretary.
Erom the above, it will he seen that the
first step has been taken for the organiza
tion of the Democratic campaign in Bibb
county.
We trust that, casting aside all apathy,
and with a full consciousness of the tran-
Scendant importance of the issues at stake
in the pending county, State and national
elections the Democracy of Macon and.Bibb
county will turn out as a unit when sum
moned to attend this and every other pri
mary meeting. The great fault of many
of our best citizens is that they allow mat
ters of supreme political importance to go
by default, because of their own indiffer
ence and supineness. If the people will it,
there can be no rings. Then let them, ab
initio, turn out unanimously at roll call
this fall, and the Radical enemy will be
beaten, and all go well. Remember to be
at the court house on the first Tuesday
in June.
—It forty million barrels are required
every year to hold the wine crop of
France, how many people are required to
hold the contents of the forty million bar-
Mis?
—A terrible incident from Nihilist life
is reported from the Russian district of
Putiloff. At the moment of his arrest a
young nobleman was shot by his own fa
ther. The fattier then shot himself.
It used to be a common thing for
sailors to refuse to go to sea on a Friday.
We hear nothing of this ia these steam
boat days. Steam has made everyday
alike. Wherever steamboats and steam
engines appear superstitions disappear.
Drought in Jamaica. — A dispatch
from Jamaica to Jacksonville states that
island to be suffering severely from
drought. Water is sold for six cents a
gallon, and the cattle and live stock are
dying of thirst. The growing cane is in
danger of being seriously cut off.
—The Hon. Fernando Wood informs
the Express that of the eight Democrats
on the ways and means committee five
are revenue reformers on principle, three
are for reform until it pinches local inter
ests under their watch case, and one of
the three continually thwarts the chair
man’s reformatory enterprises andendeav-
ors. .
—A Moscow correspondent of the Co
logne Gazette describes the misery and
Southeast of Russia - as ‘unknown 0 in
memory of man. No food is to be got
for the horses and cattle for any money,
and the animals are consequently dying
everywhere of starvation in the Transural
Steppes and the Don Steppes.
—Blaine is considering the propriety,
or rather expediency, of going to Chicago
to manage his own case. He is reported
as sayiug of his case iu 1S70 that he failed
solely through bad management, and that
if he had been conducting the case of a
man who came as near the nomination
as he (Blaine) did, and failed to secure it
for him, he would immediately abandon
politics as a field of effort in which he was
not skilled.
—A curious car on the Boston and Al
bany railroad is provided with various
devices for testing speed, strains, obstruc
tions, resistance, and other matters con
nected with the running of trains. Dif
ferent pens, attached to ingenious ma
chinery, record the distance and time, the
slips of the driving wheels on the rails,
the exact elevation of the "outside rail at
every curve, and many other points of
valuable information in practical railroad
ing.
The Streets of Paris.—Paris has
S'® miles of paved streets. Stone blocks
are used on 204 miles; macadam on 82
miles and asphalt on 19 miles. The
macadam has been abandoned on ac
count of the expense of maintaining it in
good order and the impossibility of keep
ing it free from mud and dust. The cost
in Paris for stone-block pavement has
been $2.90 the square yard, against $2.50
for asphalt. In Washington, the new
stone-block pavements have cost, on an
average, only $1.90, and the asphalt $1.47-
—An ice machine Just set to work in
New York prodnees ten tons of ice in
thirty-six hours. It consists of a large
tank in which galvanized sheet-iron
boxes full of water are placed, each box
being forty-two inches long, twelve inches
wide and six inches deep. A reservoir
containing water charged with chloride
of magnesium and chilled by means of
coils through which a gas composed of
ether and sulphurous oxide is forced,
communicates with the tank, and the
magnesium water circulates around the
sheet iron boxes in a continuous current,
freezing the water as it goes.
—The Washington correspondent of the
Sun says the proper application of the
principle of res adjudicata seems to be of
greater interest than the manner in which
Republican members of the Louisiana
Legislature were bought and sold. Thus
far not an argument has been made
which mars in the slightest degree the so
lidity of the arguments advanced by Sen
ators Hill, Bailey, Pryor, Jones, Sauls-
bury, Moigan, and others as to the right
®f the Senate to reopen the Kellogg case.
No sincere attempt has been made to
disprove the charge that Kellogg bribed
membeos of the legislature to vote for
him.
What a Grant Pater Says of
Brother Blaine.—The Burlington
Uaickcyc says that the profuseness with
which Mr. Blaine’s canvassers are lavish
ing money in all parts of the Union is ex
citing general remark. Mr. Sherman’s
agents in the South are reported as being
as discouraged as they were astonished at
the large amounts of "money, spent in the
South in Mr. Blaine’s interests. “Where
I spent one dollar they spent a hundred,-’
said a Shermau agent in Louisiana. We
do not understand that it is charged that
Mr. Blaine is using the money corruptly,
or in other thap a legitimate manner, nor
would we credit such a charge unless cor
roborated by the facts, but it is evident
that the Blaine canvass is being pushed
Yrith a vigor and prodigality that is possi
ble only with a very liberal bank account
to draw upon,
It is West Feint After All. Jt EHMSBimlOJialHofAt.
.emtonews: Of:U»J^VL Ol.
fbaJntaw
(Whittaker) - is guilty, he rnust hav*a <Wt WhUtaker all token
Idairtbf a very singular construction and
a’conscience curiously warped by his ex
perience at West Point.” So it Isa West
Point after all, whether West Point or
Whittaker did that little piece of’possum
playing. If the cadets did it, that is an
illustration of “West Point methods and
manners.” If Whittaker did it, it is a
still stronger illustration, for it shows
that he has been corrupted by these
methods and manners.
The same reasoning is applied to tie
outraged brotherhood who used to patrol
the Southern States, getting up harrowing
tales of murder of the defenseless Afri
cans, at a remorseless sacrifice of their own
garments, shot through and afterwards
dipped in bullock’s blood. If these mur
ders were committed, they showed the
bloodthirsty and lawless spirit of the
Soutli. If they were not committed, what
but the same spirit could have emboldened
men to perpetrate such frauds?
The fierceness of that negrophily which
pursues West Point, will be seen in the
very manner in which such papers state
thd events of the trial. This trial has been >
so scrupulously impartial .as to lean_al
ways toward Whittaker, arid yet the
Tribune introduces its article as follows :
“It must be admitted that Recorder
Sears has succeeded in surrounding Whit
taker with a pretty strong, net work of
circumstantial evidence pointing to him
as the writer of the anonymous note of
warning, and by inference as the author
of the assault upon himself. At the same
time there is a possibility of his inno
cence.”
As if Recorder Seats had been toiling
might and main to secure Whittaker’s
conviction. This is a shameful misrepre
sentation. But the fact is, the brethren
feel mortified at the signal miscarriage of
this last outrage experiment. It promised
to be a serviceable electioneering hobby,
hut now it is spoilt.
Congress.
Washington, May 20.—In the Senate,
The Prospect for Cheap Bread Next
Year.
It is stated upon Ligh English authority
that there have been seven partial fail
ures in the wheat harvest for the past nine
years, involving a loss to the United
Kingdom of 30,000,000 pounds sterling.
The falling eff has been from the usual
average of 29 J bushels per acre to 25
bushels, while at the same time the aver
age decrease in acreage has been fully 16
per cent. The last crop (1S79), which
was the worst in nine years, fell short
48,504,000 bushels of the estimated nor
mal average of 90,424,000 bushels, or more
than one half. Still, owing to the abun
dant crop in America, prices ruled unu
sually low, and tenants could with diffi
culty meet their obligations. The oute
look so far the present season is very fa
vorable.
Per contra, in the United States the in
crease in wheat production has been from
259,000,000 bushels in 1872, to 450,000,000
in 1879. If, therefore, the growing crop
as is confidently predicted, in this country,
should equal the yield of last year there
The New York Sun, qf Wednesday,
says that after his morning recitation, yes
terday, to Captain Sears, his -instructor,
cadet Whittaker was detailed to the court
room in West Point to hear Stenographer
Adams read over the answers to the ques
tions that Captain Sears, in his capacity of
recorder, had put to him on Satitrday.
Afterward the colored cadet was asked
whatever questions were suggested by
the reading of his previous testimony.
“In a letter written April 5,” said Re
corder Sears, “the letter to your mother,
not mailed, but which you cave me, -you
use the expression, ‘I have a queer fore
boding of some ill, though I hardly imag
ine the cadets could do me any bodily
harm.’ Did you have such a forebod
ing?”
“I did, sir,” said the cadet; “I was
thinking and referring to the note I had
received warning me of danger.”
“Did these thoughts occur to yon when,
a.few hours later, you were awakened by
a noise at the latch of your door?” he was
asked.
“No, sir,” he said.
“Are you not surprised that this did not
occur to you?”
“No, sir.”
After this the recorder asked where the
man, who sprang on the witness while in
bed, placed his hands. Whittaker said
near his neck and shoulders. He said
that when his ears were being cut he
struggled and moved his bead to and fro.
Major Mordecai asked Whittaker to ex-
- ilain why the cuts were so clean. Whit
aker could not explain it, he said.
Recorder Sears, in the course of the ex
amination, came again to the cadet’s
trunk. He found in it a band made of- a
torn belt like those with which Whittaker
was tied. This one was tied around the
cadet’s light trousers. It was marked
with Cadet Alvord’s name, and came from
the commissary’s, where the trousers
werh mended. The cadet said he did not
know that he had it. The recorder again
referred to the trank to say that, although
Whittaker said he had bought a black
necktie like the one that formed part of
his bandages none was found in his trunk.
Finally, Che recorder announced that “the
post commander or any officer in com
mand of a military body, either of soldiers
or cadets, has a perfect right to inspect all
baggage or luggage at any or all times.
This is a part of military discipline.”
Captain Raymond asked Whittaker
why, when a man was on him in bed with
his hands on his shoulders, he did not
strike his assailant? Whittaker replied
that he did struggle, but that the man had
him down. He had no purchase to draw
back and strike. The captain asked him
whether his hands and arms were free
when his ears were being cut. Whittaker
said they were, but that he did not hit
any one of his assailants. He threw his
hands up to protect his ears, but he did
not strike out.
“Do you mean to say that with your
head free, your hands free, and yout arras
free, your ears were cut?”
“I was struggling, sir, all the while,”
the cadet replied. He added tliat the
man who cut his ears held a candle in one
hand, cut his ears with the other, and at
the same time assisted another man to
hold him down.
Professor Greener was the other wituess
of the day.
“Have you any reasonable suspicion in
regard to any one who may be connected
with the assault upon Cadet Whittaker—
anything of such a nature as would war
rant your bringing it before the court?”
lie was asked.
“I have,” he replied. “I should prefer
giving it to counsel,” uM tiiU wit
Mr. Morgan, from the select*committee ties, -^-itbout regard to their political opin-
on counting the electoral vote, Teported - -- °
Ex-Got. Jos. E. Brown, Senator.
The appointment of ex-Govemor Jos,
E. Brown Senator from Georgia in place
of Gen. Gordon, resigned, will be another
surprise to many of our readers. But,
while the popular ideas, of this gentleman
are many and various, his ability and ca
pacity to fill the office with dignity and
distinction will not be doubted. The ap
pointment is also little more than com
plimentary. The vacancy will be filled
by the legislature next November—so
that, unles3"thisappointment shall be-rati
fied by the general assembly, if Congress
should adjourn on the 31st, the ex-Gov-
ernor’s term of service would be less than
ten days.
Senator Butler’s Speech on the
Kellogg-Spofford Case.—The argu
ment of Mr. Buffler, of South Carolina, as
reported in our dispatches, against the un
seating of Kellogg, on the ground that the
Senate had no “legal and constitutional
power to unseat a member who had been
admitted after a contest upon the merits
of his case, except on motion to expel,”
however distasteful to D eurocrats and mor
ally wrong, carried with it much weight
and plausibility. He argued, forcibly also,
that by this action a “stinging rebuke”
would be administered to Republican pre
cedents in the past.
On the ground of policy and expediency
just at this juncture, the Senator was
doubtless right. Bnt it is a humiliating
“in equal numbers from different political
parties,” and insert the words, “Solely
with reference to their fitness for their du-
“will be such a plethora of the staff of life
suppose, will go at something else until
another famine abroad and scarcity at
home impel them to embark again in the
cultivation of the e'ereals. For the next
twelve months at least, however, the pros
pect is excellent for that greatest of bless
ings—cheap bread, though it is rumored
that pending the next harvest a syndicate
in Chicago is ari anging to purchase 4,000,-
000 bushels of wheat yet to be received
before August, with the view of establish
ing one more brief corner in prioes,ere the
new crop causes the expeeted tumble.
We sincerely trust the speculators will
come to grief and fail in their conspiracy
against the poor consumers,
spectacle and a blot upon the escutcheon
of the government that a member desti
tute alike of standing and integrity, aud
notoriously not entitled under the laws of
his State to the exalted position he fraud
ulently fills, should be permitted to re
main in undisputed possession of it. But,
as in “war,” we suppose, “all is consid
ered fair” in politics, and the Radicals, at
least, Syill be deprived of another potent
engine for mischief in the Presidential
canvass.
—“Prisoner at the bar,” said the judge
to the man on trial for murder,” is there
anytliing you wish to say before sentence
is passed upon you?” “Judge,” replied
the prisoner solemnly, “Judge, there has
been altogether too much said already. I
knew all along'somebody Would get hurt
if these people didn’t keep their months
shut. It might as well be me, perhaps,
as anybody else. Drive on judge, and
give us as little sentiment as-you can get
along on. I can stand hanging, but I hate
gush!”
“Women Never Think.”
If the crabbed old bachelor who ut
tered this sentiment could but witness the
intense thought, deep study and thorough
investion of women in determining the
best medicines to keep their families well,
and would note their sagacity and wis
dom ia selecting Hop Bitters as the best,
and demonstrating it by keeping their
families in perpetual health, at a mere
nominal expense, he would be forced to
acknowledge that snch sentiments are
baseless aud false,—Picayune.
m!7-2w
cions he handed to Lieutenant Knight in
writing, over the professor’s signature, as
promply as possible.
Finally the recorder announced that he
had no more evidence to submit, and that
he could not present his argument on the
evidence until Monday next, by which
tune he hoped the counsel for Mr. Whit
taker would be ready with his presenta
tion of the cadet’s side of the case. He
said that the testimony in the case covers
2,500 pages. -
THE ALBANY FAIR.
Grand Success-Races - Fireworks -
Ranee, Etc.
Special to the Telegraph and Messenger 1
Albany, May 21,1SS0.
The. Albany fair opened yesterday
morning with a small attendance, but it
steadily increased until in the afternoon,
the attendance for the fust day was larger
than at any previously held here. In the
afternoon the regatta came off. The con
test was very exciting, and was won by
Mr. Nelson Tift. A purse of $75 was pre
sented to the successful oarsman.
Exhibits were never better than at the
present fair. The vegetable display is ex
ceedingly good. The productive soil of
Southwest' Georgia cannot be surpassed
in the world.
Stock exhibits were also very fine.
SECOND DAY.
The weather this morning was fair and
beautiful, aud by three o’clock one of the
largest attendance ever witnessed in Al
bany was to be seen on the grounds,. All
the adjoining counties were well repre
sented. The sheep raisers of Worth
county bringing in their crop of wool
were to be seen in great numbers. Ma
con is well represented, Messrs. James H.
Campbell, Charlie Solomon, Charlie
Cox, Wm. Anderson, R. H. Smith, Wylie
Barnes, J. E. Mann and many others be
ing present.
THE RACES.
At 10:20 this morning, the first race was
called—a running race, half mile dash,
between Lady Liglitfoot, entered by A. J.
Walters, Daisy, entered by J. A. Walters,
Lady Gay, entered by R. N. Westbrook,
and Pollie Myers, entered j>y Proctor &
Bro., of Forsyth. In drawing for position,
Daisy got first place, Lady Gay second,
Pollie Myers third and Lady Liglitfoot
outside. Lady Gay wins the first heat,
making the time in 51{ seconds.
In the second heat Lady Gay first posi
tion, Pollie Myers second, Daisy third,
Lady Lightfoot on the outside. Lady Gay
wins again in 51{ seconds.
In the third heat, Lady Gay wins the
race purse—$80.00; Lady Lightfoot second
purse—$50.
This race was very exciting, and many
-dollars changed hands by the specula
ting boys.
In the .afternoon a trotting race came off
between Barnie Wilkes, entered by Jor
dan Walker; Ed Mac, by C. C. Skillman,
of Eufaula; Harold, by John Marr, of
Macon.
First heat, mile dash, Barnie Wilkes
came in first, Harold second, Ed. Mac
third, maxing the time in 1:16*.
Second heat, Barnie Wilkes came in
first again, Harold second. Ed. Mac was
distanced. Time on this was 3:09.
Third heat, Barnie. Wilkes wins the
race, Harold second. First purse $100,
second $35, third $15, but was not deliv
ered on account of Ed. Mac being dis
tanced.
This ended the races for to-day, but
several more are booked for to-morrow.
PYROTECHNICAL DISPLAY.
The exhibition of fireworks passed off
brilliantly. A large crowd witnessed the
display.
THE BALL,
this evening was the most pleasant of
all. Albany’s fair and beautiful young
ladies, handsome and polite young men
gathered at Tift’s Hall, and a better time
was never participated in. Among the
visiting young ladies present were, Miss
Bruce of Thomasville, Miss Nellie Shef
field and Miss Florrie Allen, of Americus.
The floor managers were Mr. George Col-
l’er aud Pan! Hill.
AMATEUR PERFORMANCES.
On Wednesday evening the young ladies
and young men gave a highly entertain
ing performance. Among the young
ladies were Misses Annie Rawsori, Stella
Wight, Ella Bacon, Nettie Cutliff, Mary
Cutliffi Neila Bacon, Willa Oliver and
Emma Daniels, of Albany’s fair daughters.
The house was well filled and every one
was highly pleased with the entertain
ment. Marshall.
with amendments the bill introduced by
him to enforce the observance of the con
stitution of the United • States in refer
ence to the election of President and Vice-
President of the United States, which was
placed on the calendar.
Mr. Edmunds stated that lie and Mr.
Teller were unable to conciiriif the report
of the majority"of the committed. /
Mr. Morgan, from the'same coriimitteo,
reported adversely or R" bill Introduced
by him providing that thb • president of
the Senate-shall submit-to the Senate and
House of Representatives, when assembled
to count the votes for,: President and Vice
President, all packages purporting to con
tain electoral votes. Indefinitelyjpost-
poned.
In the House, Mr. Page, of California,
presented a memorial of the San Fran
cisco . board of trade, representing fifty
millions of capital, in favor cf the construc
tion of an inter-oceanic canal by the
Nicaragua route. Referred.
. Washington, May 20.—The House re
sumed consideration of the bill to regu
late the municipal code of the District of
Columbia, which, after some amendment,
was passed.
The House then went into committee
of the whole on the state of the Union,
and took up the hill relating to public
lands. It provides that when any lands of
the United States shall have been entered
and government prices paid in fall there
for, no suit, civil or criminal, by or in the
name oftne United States, shall thereaf
ter be maintained for any trespasses for or
on account of any material taken from
said lands, or on account of any alleged
conspiracy relative thereto prior, to the ap
proval of this act, provided that tl(e de
fendant in such suits shall exhibit to the
proper court or officer evidence of such
entry and payment, and shall pay all ac
crued costs. • .
It further provides that the price of
certain lands now subject to entry shall
be reduced to $1.25 per acre. An amend
ment was adopted providing that this act
shall not apply to lands in California,
Oregon, Nevada or Washington Territory.
The bill was then laid aside for favorable
report to the House.
The next bill was that to transfer to the
States titles to all islands, beds of lakes
(not navigable), bayous, sloughs, etc.,
which at the time the public lands were
surve5 T ed by the government, were not
surveyed. Pending the discussion, the
committee rose, and the House took a re
cess until 730, the evening session to be
for the further consideration of reports
from the committee on public lands.
Washington, May 20.—In tbe Sonate,
Mr. Randolph, from the committee on
commerce, reported favorably the House
bill changing the boundaries of the York-
town. Virginia,collection district, and ex
tending the Richmond district to include
West Point. It was thereupon passed.
Mr. Moigan introduced a bill to remove
the political disabilities of John H. For
ney, of Alabama. Referred.
The Senate then proceeded to cons’der
the calendar, and took up the hill
establishing a retired list for non-com
missioned army officers. After some dis
cussion of various amendments proposing
to increase the number of colored cadets
at West Point, which were all rejected,
Mr. Kirkwood moved to add to the bill
that “when an enlisted man has served as
such for fifteen consecutive years honora
bly and faithfully, and last five years
thereof as a non-commissioned officer, he
shall be eligible for appointment- as sec
ond lieutenant in any corps of the line in
which he has served.” Adopted. The
bill was then read the third time and
passed. •
Mr. Garland spoke in support of tlia
resolutions unseating Kellogg. He dc-
nieaaiij agreement tty wlilcli Duller and
nciiugg wnTrscttcO) atta YUgUCQ UlSt HUT
principle of res adjudicata could not bind
the Senate, or the rights of States, as it
did individuals, even admitting that the
new evidence of bribery and corruption
did not warrant the reopening of the
case and the expulsion of Kellogg. He
proposed a resolution declaring Kello;
not elected, and his seat vacant.
Mr. Kellogg took the floor and reviewed
the evidence, claiming that the affidavits
against him were proved to be foigeries;
that the witnesses to bribery were shown
to be poijurers, and that the evidence iu
his favor was cut out and suppressed in
making up the report. He said his agents
sent telegrams in cipher because,as one of
the visiting statesmen said, if persons did
not want their private affairs published to
the world they must use cipher in tele
graphing from New Orleans. He trans
lated some of the telegrams. “It is im
portant that boat be mooli?’ meant “It is
important Murray be prevented from tes
tifying falsely.” Efforts had been
made by Spofford’s agents to suborn
Murray. It could not he shown by the
testimony that Murray was ever improp
erly approached as Vance’s translations
would indicate. There was nothing
in the telegrams. He had offered to trans
late them before the committee, and failing
to get an opportunity, had told a man
who he knew would tell Hill how to
translate them. Hill then told the Sen
ate an expert had deciphered them to him.
Hill knew “Rose” did not mean Marks,
but said it did iu order to support his the
ory that witnesses favoring Kellogg were
put in the custom house. He admitted the
Correctness of Hill’s reading of the dispatch
telling Badger to “send appointments”
while Shennan was away—that Hawley
was easier; aud said it resulted from use
less severity in enforcing the civil service
rules. The -dispatch Hill translated as
telling Badger to send witnesses corrobo
rating Murray and money would be ready
at the hotel, meant send corroborative
witnesses as to a quorum iu the joint as
sembly. Tiie money part was made up
by Hill. He read several other telegrams,
showing by contemporaneous evidence
that they were merely directing what
witnesses should be sent, etc. He
also claimed that the question
of bribery was not now an open question,
hut was comprised In the merits of the
case, decided in 1877. As lie had the
floor only by the courtesy of other Sena
tors, he would reserve further remarks
till ar other time.
The bill to reimburse Joseph R. Shan
non, of Louisiana, for a boat impressed
into the government service during the
war, and destroyed, was discussed and
replaced on the calendar, to allow the
facts to be more fully presented to-mor
row.
The Kellogg resolutions were laid aside
on motion of Mr. Bayard, and the mar
shals bill was taken up. Without action
thereon.the Senate adjourned.
Washington, May 20.—Senator Gor
don was in his seat in the Senate to-day,
and will continue to occupy it. until Iris
newly appointed successor shall arrive
from Georgia, which will probably be next
Monday. He received, night before last,
the following telegram from Governor
Colquitt: “On behalf of the people of
Geotgia, I beg that you recall your resig
nation. If you cannot do so uncondi
tionally, withhold it at least until the
meeting of the general assembly.” To
this Gordon replied that while he was
anxious to oblige the governor, he could
not consistently delay jus resignation, as
private interests demanded his personal
attention immediately.
Tbe Senator has recently received, and
has now under consideration, several very
advantageous business offers, but will not
decide which oftliem he will accept until
he reaches his home. General Gordon
enjoys great personal popularity, and is
highly respected by Senators and Repre
sentatives of both political parties here,
and many of them, to-day took occasion to
express to him their personal regret at his
impending retirement from the Senate.
Washington, May 21.—In the Senate
Mr. Bayard moved to postpone the calen-
dar and take-up the marshals bill. For
reasons which- lie did not care to obtrude
on (he Senate, lie was extremely anxious
to leave the city to-day; and wished to
have the measure disposed of, if possible,
before he was obliged to leave.
■‘u’lie motion was agreed to.
Tlie pending . question was upon Mr.
Conkliug's amendment to insert tbe words
“appointed only,” so that the bill would
refer only to deputy marshals appointed
to serve In connection with t ie election.
It was rejected by a party vote.
Mr. Hoar moved to strikeout the words
In the House, after the reading of the
journal, Mr. Hooker, of Mississippi, called
attention to the fact that, at last night’s
session, Wednesday night had been set
apart for the consideration of theUte rat
ification bill, tliu3 setting aside the pend
ing business, being the Choctaw bilk He
contended there had been an understand
ing between himsejf and gentlemen from
Colorado and Kansas, and that this should
not be done, and intimated that these gen
tlemen had acted in bad faithin the mat
ter. He moved that the journal be so
changed as to allow the Choctaw bill to
he also ; considered Wednesday night, and
upon that motion being defeated he inti
mated that, the gentleman from Colorado
(Belford) would have a sweet time in
getting his bill through.
On motion of Mr. Evans, of South Car
olina, the Senate bill to furnish a bronze
statue of General Daniel Morgan to the
Cowpens centennial committee of Spar
tanburg; South Carolina, was taken from
the Speaker’s table and passed.
Washington, May 21.—In the Senate,
Mr. Hoar’s amendment was rejected by a
party vote. . <
Mr. McMillan moved to add to the bill:
“Provided that marshals for whom depu
ties shall be appointed, under
this act shall not be liable
for any acts of such deputies.” Mr.
Bayard said there was nothing unreason
able in this proposition, and accepted it.
The amendment was agreed to.
"Mr. Edmunds spoke at some length in
opposition to the bill, arguing that the
special deputies for which it provided
were to be entirely out of the control of
tbe executive officers, and were to
have no control over one an
other. The result would be sev
eral deputies of different parties all
practically marshals in chief, and quar
reling, or liable at any time to quarrel
among themselves. Furthermore, the
bill did not specify ‘the length of
time that these special deputies
were to serve, nor define the powers with
which they were to be invested. There
was nothiug in the bill to indicate that
the special deputies for which it provided
were to have the same powers as those con
ferred on special deputies by the present
law. After some few other remarks, he
offered an amendment .which he said
would remove the objectionable features
of the bill, which he had pointed out.
The amendment, however, was rejected,
and the bill was read a third time and
passed by a party vote—2S to 17.
The Senate then proceeded to consider
the legislative and judicial appropriation-
bill. The committee’s amendment was
agreed to striking out the House clause
providing that the salary of storekeepers
and gaugers, at distilleries mashing'less
than sixty bushels of grain daily, shall
not exceed fifty dollars monthly, while
the distillery is in operation, and thirty
dollars when not in operation, and at all
other distilleries storekeepers and gaugers
shall not receive exceeding fifty dollars
monthly while the distillery is not in op
eration. The committee’s amendment
was agreed to striking out the House
clause providing that public lands situat
ed in States in which there are no land
offices, may be entered at the general land
office, and that the necessary proof and
affidavits required in such cases may be
made before some officer competent to ad
minister oaths, etc.
At 5:30, the consideration of the bill
having been finished, it was read the
third time and passed.
Some discussion then took place upon
the question whether the Senate should
resume consideration of the Kellogg-
Spofford resolutions, or give preference
to Mr. Morgan’s resolutions, with regard
to the presidential electoral count. The
Sonate, by a vote of 25 to 14, finally deci-
uea urtnwiinwj All the Demo
crats voted for calling up Mr. Morgan’s
resolution without reiteroncw to (Loir atti
tude toward the Kellogg resolutions. The
Senate then adjourned.
The House, as the regular order, pro
ceeded to the consideration of the bills
reported yesterday from the committee of
the whole relative to public lands. The
first bill to be considered was that rela
tive to public lands,according to the agree
ment entered into yesterday. Mr! Robert
son, of Massachusetts, offered an amend
ment limiting the benefits of the bill to
persons who have taken material from
public lands in the clearing of lands and
working of mining claims, or for ‘agricul
tural or domestic purposes, or for main
taining improvements on lands of any
bona fide settler, or who without fault or
knowledge of trespass took such material.
After a debate by Messrs. Robertson, Ha-
zelton and Dwight, in opposition to the
bill, and by Messrs. Herbert, Dunneli,
and Vanvoorbees in favor of tlie amend
ment, by yeas 98 and nays 92, the bill
passed.
Mr. Aiken, of South Carolina, from the
committee on patents, reported a bill for
the extension of letters patent for im
provement of the cotton gin.
After some unimportant business, Mr.
Blount, of Georgia, from the committee
on appropriations, reported the sundry
.civil appropriation bill, which was or
dered printed and recommitted.
The House then adjourned.
Washington, May 21.—Representa
tive Blount, of Georgia, from the appro
priations committee, to-day reported the
sundry civil appropriation hill to the
House. Tlie bill recommends aggregate
appropriations of about $21,000,000, which
exceeds the amount appropriated last
year $1,250,000. Among the items
appropriated are the following: For the
Mississippi river commission $150,000;
for the purchase of Confederate post-office
records $10,000; for new public buildings
at New Orleans $40,000; Atlanta $15,000;
Austin, Texas, $12,000; for defraying the
expenses of the 10th census $2,875,000;
for maintainance of lights and
buoys on the Mississippi and Ohio
rivers $130,000; for light houses,
beacons and log signals at Cape Henry,
Virginia, $25,000; Mobile harbor, $0,000;
Bell’s Rock lighthouse, York river, Vir
ginia, $35,000; lighthouse at Georgetown,
§. C., $10,000; Sanabel Island, Fla., $20,-
000; Trinity shoals, Louisiana, lightship
and fog signal, $15,000; rebuilding burned
wharf at Portsmouth, Va., $4,500; Florida
reefs lights, $10,000; guide lights to Gal
veston harbor, $0,000: guide^ lights to
Matagorda hay, $20,000; to continue work
on the Washington monument, $150,000.
Washington, May 22.—In the Senate,
the president pro tern, laid before the Sen
ate a communication from the secretary
of the treasury answering the Senate res
olution of inquiry, regarding the method
adopted in the revenue service in sub
tracting the tare onforeignsugar imported
in boxes. The secretary reports that 14
per cent, is allowed in such cases. This
rate is thought a right average tare; but
importers may insist upon an ascertain
ment of actual tare in every case.
In the House, on motion of T. Turner,
of Kentucky, a bill was passed so amend
ing the sixth subdivision of section 3244 of
the revised statutes, as to provide that
dealer^ in leaf tobacco who do not sell or
consign for sale leaf tobacco to' an amount
not exceeding 25,000 pounds, hi any one
special tax year, shall pay licenses of but
$5.
A resolution was adopted for printing
0,000 copies of the report of the yellow
fever commission, and 0,000 copies of the
report of the national board of health.
The signal corps station at False Cape,
-Virginia, reports steamship James Gray,
Whidby, from Blnisof, Africa, to Balti
more-ashore off tlie station. The cargo is
iron. The vessel is perfectly sound, lying
in fifteen feet of water, with light
southeast winds and smooth sea.
New York, May 22.—In the trial of
the suit of Colonel John T. Harrall
against the New York Elevated railroad
Company to recover $50,000 damages for
injuries sustained in a collision on tlie
Elevated railroad on the twenty-fifth of
March last, verdict was rendered in the
case to-day in King’s county Supreme
Court, Brooklyn, for the plaintiff m the
sum of $30,000.
Washington, May 22.—In the House,
the morning hour .was dispensed with,
and tlie House went into committee upon
bills reported from the committee on jmb-
lic buildings and grounds. There was a
t good deal of opposition shown in the
j Ilouse aud committee to proceeding to
consider bills for the erection of public
buildings, Mr. Bragg being- particularly
active in preventing their consideration.
It being evident that no businessteouid l>i»
transacted, the committee arose, and the*
House, at 3:40, adjourned.
In the Senate, when the morning hour
had expired, unfinished business, being
the resolution for a joint rule for counting
the electoral vote, was taken up, and Mr.
Morgan spoke in its support. '’He ex
pressed the hope that discussion upon the
measure would he entirely unpartisan, as
tlie measure-was of great public impor
tance. The. statutes already provide as
fully as advisable in regard to the form
ing of the-electoral college and the for
warding of the lists of votes. It had not
been thought liv Congress, except in the
case .of the electoral commission, tliat a"
rule could be adopted governing the ac
tion of the houses when met to count the
votes as to what lists should he- received
or rejected.
InlS64 a joint resolution was passed
by the two houses which aflccted the rights
of certain States, the latter in rebellion,
regarding their claim to be represented in
the electoral college. There was some
doubt in tbe opinion of the President-at
that time as to the propriety -of his par
ticipation in legislation affecting.the elec
toral count, and on the next day, after
the passage of the joint resolution and be
fore it went to the President, the two
houses adopted its provisions as a joint
rule. This was the day before the elec
toral meeting. A few days after Presi
dent Lincoln returned the joint resolution
signed, butt accompanied by a message
stating that he did not think legislation
providing a method of counting the vote
required the concurrence of the executive,
and believed his signature had' no effect
one way or another.
Mr. Morgan said he referred to this fact
at thejoutset of his remarks because it might
become significant in the debate. It was
claimed by .many that the President of the
Senate had authority to open and count
the votes, although he might be person
ally interested in the result. Mr. Lincoln
had referred to a?d declined to participate
in a law which woulif otherwise have been
counted against him. Mr. Morgan hoped
this example, which so well accords with
the principles of our free government,
would be always regarded with - respect,
and the opinion of Mr. Lincoln on this
important subject be given the weight it
deserved. The joint rule formerly in
force had been abandoned by tlie party
adopting it—whether for political reasons
or not, he could not say. A new one was
demanded for the safety of the people.
He thought the one. proposed by him
justly definefl the office of the President of
the Senate to consist in laying the votes
before the House. The rule requiring
the concurrence of both houses iu receiv
ing votes was palpably in violation of the
constitution. It gave either house a right
to disfranchise a State arbitrarily.
The proposed joint rule left each House
free in deciding all questions arising un
der the rales. The theory of the rule Is
that the States pass upon the validity of
returns so far as their validity depends up
on State laws. In the joint meeting of
the two houses, in which States are also
represented, their validity is decided up
on under the constitution, and if one
house upholds the action of the State,
there is a majority of that house and the
State as against the other house.
After answering questions propounded
by Messrs. Edmunds and Conkling, and
alter Mr. Conkling spoke about half an
hour, Mr. Morgan again took the floor
and said that when lie had yielded to the
Senator from New York he had not sup
posed that that Senator was to make a
speech. He would not comment upon
that action nor he led away from the line
of his argument thereby. He said “the ar
gument of the Senator from New York,
radiant as it was, was a mere illumina
tion of my positon, not an answer to it.
Tlie honorable Senator did not answer
an argument which I presented, and after
he lias exercised his great powers for a full
half hour in his endeavor to make com-
plaini e\g«hi»wt tlua rulo, It sllQWS t-1 lilt
he lias not been able to state
one single principle in the rule that is
wrong. There is no rule or decision here
that ever jars upon the sensibilties of the
Senator from New York, except the color
ing of ostentation or presumption by
which this committee have ventured to
bring forward for his criticism a certain
measure of legislation, providing that
which they think is necessary for the
proper conduct of this great govern
ment. But to controvert this, the rule
in its principles had the sanction of a man
who, at one time, had the ear of the peo
ple of the United States, or at least oj
the Republican party, and before whom
those Senators,-junior and senior, bowed
with absolute obedience, and whose will
they seldom attempted to controvert.
That man was Oliver P. Morton, who
brought forward this same measure as a
law, and the Senate passed the law, and
the House disagreed to it when it was
Republican.
I dm not responsible tor the disagree
ment of the houses as to that law. They
acted on the idea that the enactment of
the law was beyond the jurisdiction of
Congress to direct the joint body how to
count the electoral votes. Let us look in
to the history of the joint rules.
Mr. Morgan proceeded to show that for
nineteen elections there had been no law
upon the subject of counting the vote by
the joint meeting, and said he thought it
our fathers could trust the count without
law for nineteen elections, we could safe
ly do it for one more. Why did not the
Republicans pass such a law when they
were in power in Congress? Instead of
doing so they adopted the 22nd joint rule,
and had their count under it, which made
the concurrent vote of the two houses
necessary to admit a vote. Then, when it
appeared that one house would become
Democratic, and in order to secure Mr.
Hayes’ counting in, a Republican Con
gress abrogated the rale.
He went on to state his objections to
putting this measure in the form of a law.
It brought the question of.how the votes
should be counted into line with legisla
tion by Congress subject to the approval
of the President, who might be an inter
ested party, and subject to all the influen
ces that disturb party legislation. He did
not wish to see that wedge driven in any
further. The argument of the Senator
from New York, he added, is intended
for political effect, to go before the coun
try as an argument against a rule per
fectly fair in itself, and against which
nothing can be urged, except that we did
not allow Mr. Hayes to come in here'and
meddle with the count of the vote.
That argument will never satisfy the
people throughout the country, now so
anxiously awaiting some settlement of
this question. They want to know of the
Democratic party if this vacuum in the
law 13 to be left to be filled by chance, or
if we will step up to our duty and lay
down a fair*rule to which no objection can
be made, except that it is a joint resolu
tion instead of a law. Joint resolutions
operate like laws on the two houses.
They not only regulate procedure, but
aflect matters of tlie gravest legis
lative moment, as in respect to con
ference committees, for example; yet
not one of the twenty-two joint
rules was ever adopted otherwise than
by a concurrent resolution, such as
this. Not one was ever carried to the
President, and now for the first time a
rule which afiects nothing at all but the
count of tlie electoral vote, it is said, must
go to the President. That objection meaus
merely this: we intend to quarrel with
the rule, no matter what you present, and
your present one is so indubitably fair the
only quarrel we can make is to say you
have not made it a law. No, sir; if we
had seen fit aud had felt it the line of our
duty on this great question, we would
have adopted the twenty-second joint rule,
and the State of New A ork, which is
ready, like a locomotive, to go for
ward or run backward, to stand
still or move at the command of
its manager, which is ready to take any
action necessary in this Presidential cam
paign—we should have held the power of
the State ol New York, which this country
dreads from one end to the other, so that
it could not have changed its method of
casting its electoral votes.
We have dared to be fair in this ques
tion, and our appeal is to the people of tlie
United States for tbe honesty of our mo
tives, and for the rectitude of our conduct
in bringing forward this measure for tlie
satisfaction of the people, and ror the
peace of tbe land.
At 4:30 p. m-, on motion of Mr. Davis,
of Illinois, the Senate went into executive
sessioix and when tbe doors reopened, ad
journed. -A "Mk ■' L .
Washington^ May 22.—A private dis
patch received at the capitol to-day from
a prominent Democratic politician, says
the California delegation to the national
convention stands nine for Judge Field.
The convention adopted a resolution lhat
the majority ofthe delegates shall cast the
vote of the State.
The Railroad Commission.
Editors Telegraph and Messenger:
Railroad-corporations are admitted to be
common carriers, and the State lias tlie
same right to establish certain police reg
ulations concerning such corporations, as
the municipal authorities are conceded to
have in licensing drays and vehicles to
travel the streets. But the power to es
tablish police regulations does not confer
the right to fix the rates at which these
private corporations propose to transport
private freight and private passengers
over a private way. It has been argued
that municipal corporations have the fight
to establish rates of charges
made by draymen and hackmen;
but these draymen and hackmen travel
on the public streets; the fee of the street is
still in the . municipal corporation, and it
is plain that such municipal corporation
can control to this extent the rates of toll
charged by persons using streets or pub
lic highways as a road for their vehicles.
But the railway is a private way; the fee
is in the corporation, and any intruder
thereon is a trespasser against the corpora
tion. Such clearly is not the case with a
person traveling on the public highway in
regard to a dray line or a hack line charg
ing toll on the public highway.
Judge Cooley, an eminent jurist, says
on tins point: “The limit to the
exercise of the police power in these
cases (corporations as common car
riers) must be this: The regulations
must have reference to the.comfort, safety
or welfare of society; they must not he in
conflict with any of the provisions of the
charter; and they must # not, under pre
tense of regulation, take "from the corpora
tion any of the essential rights and privi
leges which the charter confers.” In short,
they must be police regulations in fact,
and not amendments of the charter in
curtailment of the corporate franchise.
It lias accordingly been held that when a
corporation was chartered with the right
to take toll from passengers over its road,
a subsequent statute authorizing a certain
class of persons to go toll free, was void.
It cannot therefore be pretended that the
police power, which gives the legislature
the right to require railroads to fix blow
posts, to blow signals at crossings, to trav
el at certain rates of speed, to furnish pas
sengers with water, lights and fuel, like
wise gives the legislature the right to es
tablish a tariff of charges which these pri
vate common carriers may charge against
their private customers.
When the various railroads of the State
were chartered these corporations agreed
to conform to these police regulations, and
to such others as the law might thereafter
impose. For it is well settled that the
laws governing a contract at tlie time it is
executed form a part of such contract, and
by this rule these coiporations agreed to
submit to the reas onable police power of the
State. But any regulation of police power
which is unreasonable, is likewise illegal,
and should be so declared. Suppose the
legislature should paiss a law tliat railroad
trains should only - travel a mile an
hour; would any person contend that
such a regulation was not a virtual
abrogation of the charter and therefore
void ? When it appears that an unreas
onable police regulation may be void,bow
much more should it appear that au inter
ference with the charter which annuls the
charters, should likewise be void? The
freight tariff and the passenger tariff im
posed by the commissioners are void,
therefore, for this reason: they interfere
with the right of the railroad corporations
to establish their own tariffs and the
courts of the State, not the Leg
islature. nor the railroad com
missioners, are the proper authori
ties to annul tho tariffs established
by tbe various railroads, if it be made to
appear before tlie courts that these tariffs
are violations of the franchises granted
such railroads upon proper cases brought.
The franchise of a corporation may be
forfeited by misuse, and if a railroad ex
torted money in violation of the express
terms of its charter, or made such unjust
discriminations against some of its cus
tomers as have been complained of, any
superior court of any county through
which such road might run, could enter
tain proceedings to forfeit the charter of
such corporation; and this law was in ex
istence at the time of the charter of every
railroad in Georgia, and was well
understood by • every t person
interested in the management* of such
roads. What was the necessity for this
commission, I am at a.loss to understand,
when the law just referred to was in force
at the time of the creation of the commis
sion and of the constitution of 1877, and
no statement is made that this law was
inoperative or inadequate. Somebody
must grow into prominence by reason of
inaugurating a new system of dealingwith
corporations, and it was reserved for the
man or men who inserted the railroad
clause in the new constitution, and made
the commission, to gain great glory for
stumbling over a principle which has been
recognized for nearly 500 years, and who
so grossly misapplied the simple and ac
knowledged doctrine of misuser, as to
make it absolutely unconstitutional.
The evils of superabundant legislation
arc as thick as the biblical tares, and can
not find richer soil than in the railroad
bill, where they may vegetate to colossal
size. Added to the fact that there was no
necessity for this legislation, its positive
harm must disturb the true interests of
the whole State. It must weaken that
respect which every good citizen is in
clined to accord to the law because it is
the law, and when once the people lose
respect f>r the established law, which gen
erally is sufficient to command obedience'
to its authority, revolution is not far dis
tant. _ _ Lex.
GORDON’S RETIREMENT.
Why He Resigned.
A special Washington dispatch to the
Courier-Journal reads as follows:
Within twenty-four hours General Gor
don will cease to he a Senator from Geor
gia. He is led to take this step because
lie is a poor man, and finds it impossible,
with justice tfrliimself and his lamily, to
remain longer in public life. Numerous
interests of liiS own have been long suffer
ing for the want of proper attention, and
now au opportunity is presented to him to
ripair the fortunes' which have been bro
ken by his long public life. The loss will
he a severe one to Georgia, the Senate and
to the Democratic party.
' Senator Gordon lias been in the service
of tlie public since his 29tli year, and he is
now a little more than forty-eight. Few
men have stood So high in the estimation
of their people, and none have more de
served the honors bestowed upon him.
The legislature of Geotgia have just re
elected him to the Senate, his term not
expiring until 1885.
In the Senate his influence has always
been conservative and healthy. No one
in that body has been more respected, and
he has always acted in such a way as to.
iiijspire thinking men of the North with
the fact that the Southern people are sin
cerely desirous of peace and are fitted in
the cordial line for the restored Union.
No man has done more than he to pro
mote the interests of the whole country
by advocating the forgetting of the strife
in which he bore so conspicuous a part.
He has been one of that coterie of Sena
tors, among whom are Lamar and Hamp
ton, whose patriotic aud conservative
course has done much to make the South
trusted. He will retire with the regret of
all who have watched him here. Gov
ernor Colquitt made every effort to induce
him to reconsider liis determination, but
he was not successful.
All Endorse It.
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J.H.ZEtLIN &CO..
Fhiladelfhia. Va.
Price,SI. Sold by all druggists. janSltf
Representative Blount.
It lias been a long while since sucli re
grets have been 'ndulged by the press and
people of Georgia as have found expres
sion over the proposed retirement of Hon.
James H. Blount from Congress at the
end of his present term.
No reason has been given to tbe public
why that purpose ha3 been formed, but
whatever it may be, it is certain that Col
onel Blount has received from all portions
of the State, such assurances of gratitude
for public seivice, as ought to satisfy his
largest desire for praise. In our igno
rance of what has prompted this step,
we have no hesitation in saying
it was ill-advised. Colonel Blount is
now in the very prime of liis powers. He
has enjoyed the advantage of eight years
experience in the details of legislation,
and is now a thorough master of the tac
tics of deliberative bodies. He has ren
dered service upon' the most important
committees of the House, and recently,
during the illness of Mr. Atkins, chairman
ofthe committee on appropriations, he
has been brought prominently to the-
front and conducted the tactics of that
committee with such rare skill as to win-
and deserve high commendation. It has-
been said, as we believe with truth, that
he has made more reputation and charac
ter as a congressional leader, than any
member in the present Congress. •*
The vantage-ground thus occupied by
Colonel Blount is impossible to be at
tained by one who outers Congress at a
later period in life than his own. We do
not remember any instance, either in En
glish or American histoiy, where any
man has acquired great command as a
Parliamentary leader, who entered the
field late in life, or who did not become
the master of forensic rules early in
life.
It is not so much for what Colonel
Blount has already accomplished in Con
gress, as that he is now capable of better
and higher uses still in public life, that
the people of Georgia, both within and
out of his district, clamor for his return to
the 47th Congress.
He has done well. His record is sec
ond to that of no Georgian for hard work,
'and for conscientious zeal in looking after
the interests of his constituents; without
commanding eloquence, ho possesses in a
rare degree the genius of intelligent, well-
directed common sense. The influence-
he lias come to wield in Congress, attests
both will-power and brain-power; for no
man without these qualities, could have
taken his high rank among the rising
statesmen of the country.
Such a man is a fitting representative of
a constituency like liis. By years of con
fidence on his part, and of faithful servioe
on his part, they have acquired a property
in his talents and enlaiged powers of use
fulness which they manifest no disposition
to surrender, and which he ought most
freely to concede. In many of the best
counties of bis district the voice of protest
with winch they have spoken, Is a voice of
authority, and one which wc trust will
take no denial.—Sparta Times and Plant
er.
TUTT'S
SYMPTOMS OF X
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IF THESE WARNINGS ABE UNHEEDED,
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A Noted Divine says:
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nourished, andby their TonSo Action on the
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Ton’s u\rm.