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XHiawgK* IPdUgjcatsI* attfc 3fmmral & 3ftesjsjmg£ic,
Cdegntpji K Jterettgw.
FRIDAY, MAY 28, 1880.
—The champion deadhead is Mr.
George Augustus Sala, who has traveled
25,000 miles on American railways with
out the purchase of a single ticket.
—It is certainly not the fault of the
Cincinnati Commercial that its sentiments
are not understood. It says: “Grant is
not to be President again, no matter who
nominates him.”
—A lady correspondent of the Detroit
Post, watered her tomato plants with a
weak solution of copperas, (one pound to
eight gallons of water,) with the result
that the fruit was two weeks earlier than
on plants not so treated.
—Iron Mountain, Missouri, is all that
its name implies, being seven-tentlis pure
iron. It is nearly a mile loBg, half as
broad, and several hundred feet high. It
is being carried away at the rate of S50
tons a day.
—Senator Blaine used to wear an amu
let, which hi3 dying Roman Catholic
mother had placed around his neck, and
which he half seriously spoke of as his
protection against evil. Pour years ago
he was sunstruck on the steps of the
capitol. He was carried home uncon
scious and half undressed. When he
came to himself the amulet was gone, and
he, in spife of constant efforts, has never
been able to recover it.
—They were playing a game they call
euchre. She held both bowers and the
king, and two aces of other suit, but 3he
was a novice at the game. A young man
who was teaching her looked at her cards
and warmly exclaimed, “What a lovely
band!” She looked at him straight in the
eyes and murmured, “You may have it if
you want it.” All the rest of the evening
he wondered if he was the victim of a
leap year proposal.
—Once in a while this country gets a
new surprise in some points about our al-
ways-wonderful navy which had not be
fore been generally set forth. Somebody
has taken the trouble to go over the cur
rent- naval appropriation bill, and finds
that it requires nearly five millions of
dollars a year to pay the officers and as
sistant officers and such, while less than
one-half that sum suffices tor the seamen,
landsmen and the coast survey service.
Our navy doesn’t show off much, except
when it comes to expenses.
Tiie Enormous Immigration.—The
tide of immigration is constantly increas
ing. During the week ended Saturday
night 15,500 fresh arrivals were landed at
Castle Garden, making 30,641 for the
month thus far, or over 200 a day, Sun
days included. Saturday four vessels
brought 2,594—the Salier, from Bremen,
1,213; the Mosel, from Bremen, 045; the
Patagonia, from Liverpool, 620, and the
Bristol, from Avonmouth, 116.
—Basle successfully holds her own
against all competition in tbe ribbon trade.
This supremacy dates from the Edict ot
Nantes, in common with the English silk
trade. Af far back as 1810 there were
some 600 ribbon looms at work in the
canton, producing annually material val
ued at $1,250,000. In 1872 there were 7,-
000 looms, employing 6,000 weavers and
helpers and 60 designers, and consuming
aunually 400 tons of silk, out of which
over 130,000,000 yards of ribbon were
manufactured, valued at $12,500,000.
The Deep, Deep Snow.—A Nashville
paper says that a gentleman recently ar
rived from California, where he has been
looking about among the mining towns,
speaks of several places where the snow
now lies to a depth of over 100 feet.
These places are generally at the heads
of large canyons. At the head of Fall
creek, Nevada county, pines and firs over
100 feet in height arc so buried in the
snow that only a few feet of their tops are
to be seen. Where a dark forest lies in
summer there is now only to be seen a
white expanse of snow, iriar iroc
there what appears to be clumps of bush
es, but widely are really the tops of the
tallest pines.
—If we are to credit the New Orleans
Times, matrimony “is played out” in that
city. A fashionable young lady who has
been interviewed on the subject says that
the men who are not married are spoiled
beyond all hope of redemption, while
many of those who are married are so
angry with themselves for having gone
and done it that they keep away from
their homes as much as possible.. As time
goes on and a period arrives when it might
be supposed that the men would like to
settle down, it is found that they have lost
all taste for domestic life, and this is the
reason why New Orleans is crowded with
old bachelor beaux. Society, in short, is
found to ofier much greater attractions
than home. This is a bad lookout.
—Hitherto when a professional diver
went under water a tube has supplied
him with air. But a Mr. Fleuss lias
patented a process by which an experien
ced diver can remain under water for
hours, having within his helmet and dress
a supply of compressed oxygeh gas, dilut
ed with nitrogen, which is naturally* pres
ent in Ins lungs and the diving dress when
he assumes it. The exhaled carbonic
acid being brought into contact with
caustic soda, the deadly gas is transform
ed into simple carbonate of soda. It.is
asserted that numerous experiments and
tests have conclusively proved that Mr.
Fleuss’ system is attended with no in
convenience, and the expense is one-half
that of the old method. Mr. Fleuss is
only 28. His process has been brought
out since the Tay Bridge disaster.
Railroa d Commission Problem.—
If the present law regulating the tariffi ot
railroads by practical experience is found
to be inoperative and unsuited for the
purposes it was intended to accomplish,
such defects as exist can be noted and re
ported to the next legislature for proper
treatment. No question about the right
of a State to regulate -railway tariffi of a
discriminating, or oppressive character
can be entertained with any degree of
plausibility. And whatever may be the
objections of railroad corporations to
such a law, it is impolitic for them to at
tempt to clog its operations or defeat the
reforms intended to be accomplished.
Neither the constitution of the United
States nor that of Georgia i3 violated in
the regulation by the legislature of rail
road tariffi, as the rights of the people in
the premises are paramount, as represent
ing the largest aggregate interest, should
such interest be invaded by unjust dis
criminations on the part of railroad cor
porations.
—The New York World is responsible
A MODERN JACOB.
A Plebian Lover Who is Determined
to Win a Patrician Bride.
The Philadelphia Telegraph's Paris let
ter says: I was recently told by a young
French gentleman (the son of the prefect
of La Rochelle) one of the strangest ro
mances of real life that ever came to my
knowledge. Some four years ago a peas
ant boy who lived on a farm near the
town of Clement Ferrand saw and fell in
love with the beautiful daughter of a gen
tleman of good fortune and position, he
being at that time 17 years of age and the
young lady just 16. This new “Claude
Melnotte” was so madly in love that he
went straight to the house of the young
girl’s parents and demanded her hand in
marriage.
The father treated the preposterous
proposition with good natured scorn.
‘Come back when you have an income of
$40,000 (200,000 francs),” was the answer,
“and then we will see about it.” The in
fatuated youth took him at his word, and
forthwith set to work. Now one of the
peculiarities of the town of Clairmont-
Ferrand is a scarcity of water. There is
no river near it, so it relies forrits water
supply on springs and wells. Under these
circumstances a spring is a valuable piece
of property and commands a relatively
high price. So the young peasant lover
set off for an adjacent mountain, there to
search for hidden springs. My informant
said that he had honeycombed the whole
side of the mountain with his works, con
structing at one point a tunnel over two
miles in length. All this was executed
with his own hands..
He works from dawn to dark, lives upon
potatoes of his own planting, and never
spends so much as a sou upon a mug of
beer. Every Sunday he goes to mass in
the town, after which he proceeds to his
lady love, to ask if she is married or likely
to be. On receiving a response in the
negative he plods contentedly homeward,
and starts out afresh to his toil on the
morrow. This life has continued now
for full four years. Up to tbe present
time he has discovered three important
springs, each of which he sold for 85,000,
but though now possessed of what for a
man of his condition of life is wealth,
he abates none of the hardships of his
existence. He has one fixed idea,
namely, to become the possessor of a for
tune sufficient to enable him to claim the
hand of the object of his blind passian.
Yet no one who knows the parties even-
imagines that the young lady will ever
consent to marry lnm. She is now twenty
years of age, and is pretty, refined and ac
complished, while he is a coarse, unlet
tered peasant without even physical come
liness, as he is short and thick set, with a
broad stolid countenance. What will be
the end of his dream, I wonder? Will
he go mad or break his heart the day that
he finds his beloved either married or be
trothed? Or will he die some day of pri
vation or overwork, with a vision of suc
cess before his eyes ?
Census Districts.
Supervisor Johnson sends us a list of the
enumeration districts in the fourth Super
visor’s district of Georgia, and, in a note,
says that he has forwarded to Washington
for approval, his list of enumerators,
which will be published so soon as re-'
turned approved. From his list we take
the following counties:
BALDWIN COUNTV.
AV of Enumeration
District.
Not of Mititia Dis
trict
No. 1
No. 2
No. 3
No. 4
No. 5 .
No. 6
No. 7 ,
No. 8
No. 9 ,
in
No. 11
No. 12
. .320, 105 Dist. G. M
115 Dist. G. M
. 321 Dist. G. M
. . 322 Dist. G. M
. 319 Dist. G. M
31S Dist. G. M
BIBB COUNTY.
. . 319 Dist. G. M
. .483 Dist. G.M
. 514 Dist. G. M
. . 520 Dist. O. M
. . 4S1 Dist". G. M
10S5 Dist. G. M
BESSIE PASCHAL.
Tbe Career and Conquests of a Wash
ington Beanty.
A most distressing affair recently occur
red in the suicide of Captain Edward
Wright, son of Judge “Jack” Wright, who
was recently convicted and fined for his
assault on Secretary Delano, and then
graciously pardoned by the President.
Captain Wright was one of the finest
officers in the ordnance corps, and liis im
provements and experiments in his line
have gained him great credit.
Two years ago he met at the Arkansas
Hot Springs the beautifol Bessie Paschal,
daughter of a noted Texas law
yer, and divorced wife of Frank Gassa-
way. A more fascinating and lovely wo
man is seldom seen than she, and after a
two weeks’ acquaintance they were mar
ried. -Three months ago they separated,
and since then Capt. Wright had been de
pressed and gloomy. After a painful in
terview with her last week they parted
finally, she winging her way to Philadel
phia and lresh fortunes, and he ending his
unhappy life by a pistol shot from his own
hand. The career of his wife has been
something remarkable. Seldom outside
of novels and old memoirs do we know of
a woman exerting such power over men
by the mere spell of beauty. Gray-
beards and callow youths have wor
shiped her, and grave politicians
and professional men gone wild.
As a young lady she was a belle, and
as a lovely widow she exerted a more po
tent power. Don Cameron at onetime
was announced as about to marry her,
and the list of his guests is a long one. A
graceful and perfect figure, great, sad, pa
thetic eyes, fine features, and a most love
ly smile, first impress one on seeing her,
but the indescribable charm, the strange
fascination of her ways, the witchery and
magic of her, are too evanescent and in
tangible for prose. Her beauty, her life
and her fortunes would need the worldly,
gushing pen of Ouida to portray some
sides or it; for others the profound analy
sis of George Eliot- could hardly suffice.
As a figure in the social world she is des
tined to reappear, and those who have
watched the amazing incidents of her life
since she first entered Washington a pre
cocious young witch of sixteen, will not
be surprised at any sequel.—St. Louis
GloboDemocrat.
Mr. Neman on Public Buildings.
Remarking the other day in the Senate
on a bill for the erection of public build
ings in Pittsburg, Pa., Senator Kernan, of
New York, called attention to the enor
mous expense of these buildings and said
that up to a few’ years ago there were
none outside of New York city. He be
lieved the sentiment of the State would be
against building any of the structures, ex
cept at a port of entry, where a custom
house was required. It was generally
cheaper to rent buildings for courts and
post-offices. The bill was passed.
To all of which it may well he said that
nowhere in the United States ought it to
to be cheaper to rent public buildings than
to construct them. Whenever this is the
case, it is the result of such jobbery and
corruption as have been displayed, for ex
ample, in the New York court house; The
general government should practice until
able to have work done as reasonably as
any private individual. It is net a consti
tutional principle that jobbery should
characterize every such transaction, and as
the United States must have many of
them in any view of the case, let her begin
to learn how to build with economy.
There is certainly neither sense nor dig
nity in the government’s renting its build
ings for the transaction of business which
must be permanent in a certain place.
Counties and States do not rent court
houses and jails, and why should the gen
eral government? Counties and States
build reasonably—why should not the
general government?
Furthermore, as the State presents tan-
No. 13 First Fire Ward city of Macon
No. 14
No. 15
No. 16
No. 17
No. 18
No. 19
No. 20
No. 44
No. 45
No. 46
No. 47
No. 71
No. 72
No. 73
No. 74
No. 75
No. 76
No. 77
No. 78
No. 79
No. 80
No. 81
No. S2 .
No. S3
No. S4 .
No. 85
No. 86 .
No. 87
No. 88.
No. 89 -.
No. 90 •
No. 91 .
No. 92
No. 97
No. 98 .
No. 99
No. 100
•No. 101
No. 102
No. 103
No. 104
No. 105
No. 106
No. 107
No. 10S
No. 109
No. 110
No. Ill
No. 112
No. 113
No. 114
No. 115
No. 116
No. 117
No. 118
2nd Fire Ward
. . . Srd Fird Ward
. . . 4th Fire Ward
BUTTS COUNTY.
616, 582 Dist. G. M
009, 614 Dist. G. M
613, 610 Dist. G. M
. . 615, 612 Dist. G. M
CBAWFOBD COUNTY.
. 521 and 030
497 and 577
. . . 529 and 532
573 and 494
JASPER COUNTY.
. . . 379, 291, 191, 363
. . 2S3, 287, 262
. 295, 305, 293, 364
3S0, 373, 294
. . . 290, 904, 297, 292
JONES COUNTY.
. 304, 359, 202
. . 459, 361, 450, 300
. 358, 305, 378
. . . 347 299, 377
. . 301, 447, 300
MERIWETHER COUNTY.
. . . 809,.1281
. . . 657 and 705
* . . . 1203 and 669
‘ . . -. 700 and 1290
’ . . . .704
726 and 715
* . . . . 605
MONROE COUNTY.
623 and 632
. . . 467 and 596
' . . . . 460 and 473
. . . 618 and 554
... 474 and 599
NEWTON COUNTY.
PIKE COUNTY.
for this:
Said Phoebe Hensparrow, of Nor|fe Caro
lina, .9
To her spouse, when the sun was quite
“Git upf you big loafer, and stretch me
a line, ’
And hang out these clothes fer to dry.
“Oh, ’taint worth the while,” her Tobias
“My sperrit despises such work;
I’ll soon be as happy as a clam at high
tide,
I’ll soon be content as a Turk.
“No more ol this washing, you Phoebe,
for you— J
. No dredgery after a while;
For you. shall have nothing whatever to
do •
But dressiu’ an’ puttin’ on style.
“I’ll build you a house in the heart ol the
And paint it in colors brick bright,
And you from the window shall brashly
look down,”
Alike on the black and the white.
“I reckon I’ll buy Colonel Jimmersons How *
rrwill suit me, I know, to a charm*—
And git me blood horses to ride and to
While the niggers look out for the farm
“It’s goin’ to take cash, and a heap en It,
too, “
To hold the Republican fort,
I wish that I knew—say, Phoebe,
you?—
How diamonds sell by the quart?”
“Law sakes!” exclaimed Phoebe; “the
man is a loon;
His head’s in a terrible state.!’
Tobias replied: “The convention’s in
June,
And you bet I’m a full delegate!
do
No. 119
No. 120
No. 121
No. 122
No. 123
No. 124
No. 132
No. 133
No. 184
No. 135
No. 130
No. 137
No. 138
No. 139
No. 140
No. 141
No. 142
No. 143
No. 144
No. 145
No. 146
420 and 477
546,404,567
1261
547 and 461
462
463 and 249
505
-' .. . . 534 and 545
. 592 and 551
"... H64
. 533
. ■ 5S0 and 5S1
PUTNAM COUNTY.
367, 375, 309
. . . 306, 3S9, 30S
307 and 313
. . 312, 311, 314
. 369, 310, 390
' . , 36S and 374
SPALDING COUNTY.
1008
* . 1069
. . 490, 1066
. . 1065, 10671159
1001
TALBOT COUNTY.
. . 689, 902
. 904, S94
681
. 883, S76, SS0
877, 685
. 688, 889
TWIGGS COUNTY
. . 323, 372
. . .355
. . 425, 356, 325
. 326, 354
324, 390
UPSON COUNTY.
. . 537
’ ; . . 555
• ■ .. . . 561,470
* . . . 591
. 494,589
331
328, 329
. 330, 332
327,1245
. 352, 353
WILKINSON COUNTY.
Freneli Coolc Improved Us
Broth.
At the celebrated borne of social, but
aristocratic democracy, the famous Man
hattan CUib, on Fifth avenue, New York
City, the theme of conversation recently
has been not so much as to the comin,"
nominee at Cincinnati, as to the luck o
one Monsieur Emil Sigrist, a veritable
chef de cuisine, who bought of M. A. Dau-
phin, atNo.319 Bre.dway, New York
How the Democratic Congressmen
Talk.
The Herald Washington correspondent
gives the following as the substance of
positions agreed on among tbe Democrat
ic Congressmen in relation to the Presi
dency :
1. The Western and Southern men
agree that the candidate ought to be an
Eastern man.
2. They favor either Governor Seymour,
if be will accept, or Senator Bayard, for
whom it is understood that Massachusetts
will ask. Senator Randolph, of New
Jersey, is .regarded by a good many
Western and Southern men as the next
man to Bayard if the latter should not
carry. Judge Church was highly thought
of and his sudden death is generally
mourned here.
3. It is taken for granted that Mr. Til-
den will not be a candidate.
4. A military candidate finds little fa
vor. A prominent Western Democrat
said to your correspondent:—
“I like Hancock, and think him a great
man, but his country wants civilian, not
militaiy rulers.”
5. An Eastern man for the head of the
ticket supposes a Western man for the
second place, and there is a very general
feeling that Mr. Morrison, of Illinois,
would be the best man for this place. He
has been a consistent and unflinching
hard money Democrat. He served with
honor in the army and he is very popu
lar in his State, and Illinois is one of those
States which, it the ex-President is nomi
nated, the Democrats will hope to carry.
Finally, the Dernocats are not quarrel
ing among themselves, and they see clear
ly that to succeed they must nominate a
ticket which will secure at once and with
out argument the confidence of the best
sentiment of the country. “What we
need is to nominate a ticket which shall
deserve the support of those Republicans
who do not want to. vote for the ex-Presi
dent,” said a Western Democrat to your
correspondent to-day, “and most of our
people are agreed upon this.” This is the
Democratic situation in brief, as it appears
here.
Wedding Anniversaries.
It is meet and proper that the annual re-
irn of the most important event in one’s
life-time—marriage—that corner stone of
the family relation, should bo duly ob
served. Society has instituted its wooden,
tin, silver and golden weddings, the last
not until a half century has rolled away,
which are made the occasions of joyous
festivities and gifts. But a irieud who has
recently celebrated his wedding day in
sists that, at least in the family circle,
every annual recurrence of the nuptial
ceremony should be marked with a white
stone in life’s journey. And we agree with
him. '
Marriage, next to the natal hour and
the breaking of the “pitcher” “at the
fountain,” is the epoch of supremest im
portance in man’s existence. If contracted
with prudence, and based upon genuine
affection the cases are rare where the par
ties can be induced to dissolve the rela
tionship, while to the honor of the human
race, be it said, in the vast majority of
instances the blissful tie but strengthens
with advancing years. It is amazing how
perfect the identity between husband and
wife becomes as time draws them nearer
and nearer together, and common inter
ests and 'mayhap a joint offipring welds
their hearts into one. With many couples
this identity assumes even the character
of the closest personal resemblance, and
in eveiy happy union the parties literally
almost exist for each other. Thus, we
see how often the death of an aged hus
band or wife is soon followed by that
The Jeaap Injunction.
The case of M. K. Jessup before theUni-
ted States Court, eBjoinifig the railroad
commission from puttingin operation its
tariff schedule upon tbe Savannah, Flori
da and Western railroad, continues tq be
widely discussed.
That the people may have light we
print both sides. The following is the
comment of the Chronicle and Constitu
tionalist :
This is an important case and may be
come a celebrated one, if continued.
There is a determination, in certain quar
ters, to obstruct aud annihilate the com
mission and make the law under which it
operates a dead letter. If fees in these
cases are graduated by the charges above
named, the lucky attorneys employed by
the railways will reap a rich harvest.
We are in favor of the railway commis
sion having a fair trial, and have so ex
pressed ourselves. We are not in favor
of any despotic or arbitrary rulings by it.
It is said that the rates imposed upon the
Central road are unjust and burdensome,
compared with other corporations. If
this be true, it should be corrected. The
law surely never intended that anyroad
in the State should he discriminated
against. Such a law cannot last, aud
such rulings by a commission would be
odious and subject the individual mem
bers to righteous censure. We trust that
the charge is not correct, or, if so, that it
will be promptly rectified. The commis
sion was not instituted to make war upon
any road, but to deal squarely with all
and protect the people by a system of ex
act and Impartial dealing. The Jesup
case may throw a flood of light upon many
obscure corners.
The organic law of Georgia makes it
obligatory upon the general as3embly to
regulate freights and prevent unjust dis
crimination against the people. The com
mission was called into existence by the
legislature to regulate this vast and com
plex system. It is composed of gentle
men of character andability.lt is not to be
presumed that the members of the com
mission will act arbitrarily and oppres
sively. They were not put in office to
destroy railroads, but to do exact and
equal justice between the railroads on the
one band and tlie people on the other.
Rates that are unremunerative should not
be enforced. To compel tbe lailroads to
carry freight and passengers at rates that
will not yield fair dividends to the stock
holders would be legalized communism.
And this should never be done in Geor
gia. Capital has its rights as well as la
bor, and there can neither be stability nor
prosperity where the rights of corporations
do not receive the same protection as the
rights of individuals.
For ourselves, we have every confidence
in the integrity and good faith of the com
mission. We believe that the members of
it will deal justly with the roads,which are
owned by our own people. The day is far
distant m Georgia, and we do not think
that it will ever come, when one- class of
our fellow citizens will be robbed for the
benefit of another. For the commission to
cnforco unremunerative rates upon our
railroads, rendering them unable to pay
fair dividends, would be nothing short of
legalized robbery. To impute this, inten
tion to the honorable members of the com
mission would be as unfair as it would
be disgraceful. If we believed for one
moment that tbe’ members of the com
mission had acted unjustly in tlieir tariff
we should not hesitate to condemn their
action and to call upon them to undo their
work. Governor Smith has said that the
commission would cheerfully alter its
rates whenever it could be demonstrated
that injustice was done to any railroad.
The true policy for the railreads to adopt
is to give the rates of tha commission a
fair trial, aud to do all in their power to
of the surviving partner.
It is pleasant on those annual wedding j co,npiy“ fuHy with ite ^quTremratT It
celebrationsalso to take a retrospect of i ., 1(J ‘ ch e dul <r ot rates works disadvantage-
tlie Hast, and mrall .La invs and anrrnwa. I j an( , 0 pp ressive ] y upon tbe interests of
A Woman’s Curiosity Satisfied.
The proverbial curiosity of women led
to a smash-up at the Continental colliery,
near Pottsville, recently. The slope en
gineer went home for his dinner, and the
fireman remained in the engine house
waiting for his wife to appear with his
lunch. She being considerably behind
time, the fireman became restless with
hunger and started for.home. While he
was "gone, the wife, by another route, ap
peared in the engine house with the dinner.
The fireman not returning immedi
ately, his wife got tired waiting
and'commenced examining the pictures
pasted around the room. This soon grew
monotonous, and in casting about for
something else to entertain herself with,
she spied the lever that starts the huge
engine. She wondered what that partic
ular piece of iron was used for. First,
she admired its smoothness, and then she
marveled at its cleanliness. Becoming
bolder, she gave it a sudden jerk. There
was a burr aud whiz, and tbe ponderous
machinery started as though animated
with the breath of life. .
The woman clutched the lever in the
hope of placing it as she found it, but to
her horror it only increased tbe speed of
the machinery. Tbe drum was creaking
and revolving with terrible rapidity; the
liston reds flew in and out of the cylinder
ike lightning. The steam escaping hissed
like fury, and the woman with a shriek
rushed for the open air. Just then the
waron that started from the bottom when
she started the machinery came out of the
slope like a shot, landing on (he top of the
engine house, mashing and crushing it
into pieces. There was no work the next
day. • '
Tie Forest Fires.
The New York papers agree that tha
late New York, New Jersey, Pennsylva
nia and Long Island forest fires are due
to sparks from- locomotives, kindling the
dry brush on the railway rights of way.
The loss is very great. In Atlantic
county, N. J., the fire is yet preying on
a few acres of woodland, all that is left
outside of the populated villages. An
area of95,000 out of the 120,000 acres
coniDrising this country is blackened with
the fire. Of this, 75,000 acres were com
posed of woodland, oak, cedar, pine and
holly ,valued>t from $16 to $2,000 an acre.
The heaviest loss was in the cranberry
bo"s, 9,COO acres of these alone being de
stroyed, at a loss of $4,000 to $15,000
an acre. There were also about 10,000
acres of vineland destroyed, the losses be
ing differently estimated. Probably 100
houses have been consumed. The fires
in Cumberland, Cape May, Camden and
Salem counties are now under control.
The people were watching and praying
for rain; but, contrary to the generally re
ceived theory, the fires brought no Signs
of ram. On the contrary, the promise of
a prolonged drouth seemed to increase,
the past, and recall its joys and sorrows,
its triumphs and humiliations. .All of
these have been shared together, and point
ories of tlie children as to all the salient
events in the history of the family, from
Its earliest known origin to the present
hour. It is surprising how ignorant, a
majority of the rising generation are,
even of their own grandfathers and grand
mothers.
Finally, the custom of which we speak
fends to draw still closer the hearts and
affections of husband and wife, and ought
to be made the season for the renewal of
mutual good resolutions, and the deter
mination that each will be in the future
more tender, more devoted and more
mindful of the happiness of the other.
This alone would make your marriage
anniversary the brightest in the calen
dar.
Benedicts, never permit any stress of
-business to prevent at least some recog
nition of the day that made you the hap
piest of mortals.
M. Thiers’ great weakness was a dish
strictly Provencal called “brandade,” con
sisting of salt cod and oil skillfully beaten
up into a thick paste. Doctors in late
years forbade M. Thiers to cat cod in any
shape or form, and, mnch as he wished
for it. Mme. Thiers was inflexible. But
M. Thiers had an accomplice, M. Mignet,
and from time to time this gentleman
used to reach the Hotel St. Georges with
a voluminous parcel under his arm. He occupy,
would bow repeatedly to the ladies, and
pass into the great man’s study. Then an
urgent plea of important work was put
forward, the doors were locked, and in
truders sent away. Directly they were
alone, the two friends undid the parcel,
which was simply a tin box wrapped in a
newspaper, and. containing an unctious
“brandade,” made by the best Provencal
cook in Paris. With lingering delight the
friends consumed this forbidden delicacy;
and when the box was entirely empty,
and the doors were open, M. Thiers would
be heard exclaiming: “My dear Mignet,
it is the masterpiece of human genius!”
And everyone thought he referred to some
literary achievement. But Mme. Thiers
one day caught the two culprits at their
work, and reproached M. Mignet so se-
General Gordon’s Resignation.
The following letter was telegraphed
by Governor Colquitt to Senator Gordon
on Thursday, finally accepting his resig
nation: |
Executive Office, Atlanta, May
20.—General John B. Gordon, Washing
ton Cily—Dear Sib: It is with profound
regret that I learn by your telegram of
yesterday that you adhere to your deter
mination of resigning your scat as Sena
tor of Georgia. While I have no option
but to accept your resignation, I feel very
sure that the regret I express is universal
with the people of this State, who have
cherished with an almost uuexampled
pride and love the reputation you have
achieved in their service.
Your devotion to the interest and honor
of the people of Georgia since you assumed
the obligation of a Senator ha3 only been
equalled by the moderation you display
in surrendering a trust which you Lave so
uobly sustained and which promised for
you such splendid results and future use
fulness. While the judgment of your fel
low citizens will coincide your claims to a
large share of repose and more care for
your private interests than have been al
lowed you in an arduous official career, I
must be allowed to say that your with
drawal forom the public service will be
felt as a loss to tbe commonwealth you
have so faithfully and efficiently served
I am confident I only utter the univer
sal feeling of tlie poeple of Georgia when
I express tbe hope that you may long be
spared to the country to which your pa
triotic devotion has so endeared you. Our
earnest good wishes attend you, and the
wish that your future life may he as pros
perous and happy as the past has been
useful and honorable. I have the honor
to be yours truly,
Alfred H. Colquitt,
The Senator is still In his seat, and will
remain there until his successor arrives
and has been duly qualified.
The retirement of General Gordon has
electrified the whole commonwealth, and
the feeling of regret is well-nigh univer
sal.
It is reported that he has been tendered
the attorneyship by President Newcomb,
of the Louisville and Nashville railroad,
with a .very large salary. This may have
been the personal consideration which in
duced him, in view of the condition of his
private affairs, to leave the Senate. Our
best wishes attend him in that or any oth
er field of labor be may be called upon to
any railroad so as to impair its ability to
make fair dividends for its stockholders,
-increaseuwwnjf. —
Wallace, tbe railroad ®f the com
mission, has said that the Central
could be operated under the tariff so
as to pay its stockholders seven per cent.
General Alexander does not oppose
the commission. On the contrary, he
commends its labors. Tbe best thing the
railroads of the State can do is to work in
harmony with the commission. the mem
bers of which have the confidence and re
spect of our people. The opponents of the
commission cannot make the people of
Georgia believe that Governor Smith,
Major Campbell Wallace and Colonel
Samuel Barnett would do any act that
would he oppressive or unjust to the great
railroad interests of Georgia. If they
have any bias at all we rather suspect
that they would lean toward the protec
tion of the corporations that have done so
much to foster and develop the best inter
ests of Georgia. We believe that they are
impartial and that they will do their duty
squarely and fairly to the railroads and
the people.
city, for a dollar, a half ticket, No. 40,046, verely (hat he never afterwards dared en-
in the April drawing of the world-re- J ^ tJie bouse w ith a parcel under his arm
nowned Wisiana Sure Lottery Ow. _ A ^^pondenVof a Western paper
° rl ^j*Ari7o ofsiOOOO He put it in U. I recommends an ointment composed of
^Gnvernment 4nercent loan, and still equal parts of lard and gunpowder, as a
p^TdesTer thefts and pans. Who | remed^for^atches in horses, to be used
next? 1 .
—At some tableaux yivants in a London
house recently Mrs. Langtry appeared as
Effie Deans. According to the London
Truth she “was voted to have carried off
the palm. If only pretty ladies would
understand that beauty unadorned, is
most adorned they would eschew eminent
milliners. In a flowered cotton bodice, a
short blue skirt and her hair banging
down below her waist, the beauty par ex
cellence of society was at her best. Her
idea of holding a snood in her hand was
cleverly conceived, though probably lost
to most of the audience who did not hail
from Scotland. A more charming Effie
Deans it was impossible to imagine, and
in her own interest I should advise her to
make sweet simplicity the fashion. Her
face and figure were perfect, and the ex
act personification of what one could im
agine Effie onglit to be. But to be in
proper keeping, her feet and ankles ought
to have been bare, and that she did not
Hotes of Hew Books.
The publication of Mr. Sidney Lanier’s
remarkable book on “The Science of Eng
lish Verse” is calculated to ‘give him a
new, peculiar and permanent place among
our men of letters. Like all Mr. Lanier’s
efforts it is decidedly original, not to say
unique, but, “unlike much of what lie has
written, it has a vital reason-for being—so
to speak. In other words, Mr. Lanier is the
first, singular as it may seem,to formulate
the principles of English verse, and is .the
first to construct reasonable rules of versifi
cation. He has not made the art of versi
fication easier of acquirement, thank
heaven, hut he has told the professional
poets what some of the amateurs had al
ready found out for themselves that the at
tempt to assimilate English versification
with the prosody of the classics was to bring
about an uncommon degree of confusion.
He lias' demonstrated that accent is not
the basis of rhythm in English verse. Here
are the propositions which Mr. Lanier
lays down, aud liU demonstration is clear,
simple and mathematical. "When the ear
exactly co-ordinates a series of sounds and
silences with primary reference to their du
ration,the result is a conception of rhythm.
When the ear exactly co-ordinates a se
ries of sounds with primary reference
to their difference in tone (rhyme
in verse and variations of vowels and the
like), the result is tone-color. When those
exact co-ordinations which the ear per
ceives as rhythm, tune, and tone-color, are
suggested to the ear by a series of spoken
words, the result is verse. In other words,
the quality known as time in music, Mr
Lanier demonstrates to be the basis of
rhythm in verse, wholly apart from the ac
cent of the prosodists. This fundaments,
fact in verse was more than liinted at
when the author of a negro song, printed
in the Constitution some months ago,
acknowledged his inability to make the
measure conform" to the rules in the
books, and was compelled to explain that
he depended wholly upon the ctesura—
that is, upon tbe natural pause or rest in
tbe verse—for its rhythm. The meas
ure of that' particular song was in
discriminately iambic, anapestic and dac-
tyllic. Mr. Lanier’s method gives the
author of the song alluded to an easy'con
science, inasmuch as it has been cfearly
demonstrated that it was based upon the
fundamental principles of English versi
fication. Apart from the purely scientific
value of Mr. Lanier’s book, it embodies
studies' and analyses of Anglo-Saxon poe
try which will be in the nature of revela
tions to students of English literature,and
the volume is one of the - most notable
contributions ever made to American lit
erature. Its interest and importance,
however, will, in the nature of things, be
more keenly appreciated in England than
in this country.—Affanta Constitution.
The Railroad Commission.
Editors of the Albany Net os: The time
has not quite come when a man may be
ashamed to own that he is an owner of
railway property in Georgia. I will pre
face what I haie to say by the statement
that more than half my worldly interest
consists of such property, and that my
small fortune contributes its mite to the
sixty millions that is supplying the trans
portation facilities of the State.
I am also the custodian of a fund be
longing to a set of orphan children. This
I invested in railroad securities before the
blight of communism had touched that
class of property in our State. Those
children are to-day deriving their supply
of food and clothing from the interest on
that investment; but for it they would he
thrown on the charities of the more for
tunate. Thus I do not claim to he a dis
interested listener to the arguments for
and against the acts of the railroad com
mission. Mine is a vital. interest, and
am not alone.'
I am one of a large number of individ
uals who, having complied with the law
of their State, have been so confident of
her protection that they have looked for
no better investments than were to be
found within lier borders.
I agree that the welfare of the State at
large demands that every interest or prop
erty that has such a direct bearing upon
the prosperity of the people should be
properly regulated by law, but does this
argue the wholesale spoliation of rail
roads ? The prpmpt answer is no- The
people have not asked that, nor does the
law propose it.
In all the discussions upon this subject
the commissioners and their defenders
proclaim that they wish to do absolute
justice. They say “We are ready to hear
complaints; the railroads have only to
come before the Board and demonstrate
that the rates are a hardship, aud they
will he changed.” The commissioners
have been at no small pains to im
press this idea upon the people of
Georgia; and they have succeeded.
They could count upon success, for
they were not unknown- to us. They
are prominent citizens, highly honored
for worth and judgment, ana appointed to
a responsible office under a law, tbe very
fundamental-and ruling point ofwhicli is,
that absolute justice shall be done—just
and reasonable rates are to be fixed; but
errors may occur) and wben they do, the
commissioners wait to correct them.
They only ask that any railway in tbe
State shall come forward, prove the hard
ship and obtain relief.
This is wbat the people of Georgia de
sire. It is fair to assume that they arc
firm now, as they have always been
firm, in their adhesion to tlie grand princi
ples of true justice. Nor do I believer that
even the most radical complainants
against the railways have ever asked or
desired that the railway property of the
State should he made bankrupt.
There is right and reason in their de
mand: thus the -laws of the State
should he framed and enforced for the
protection of its citizens, and thus the
railway corporations should not be allow
ed to make unjust discriminations or
charge' exorbitant rates of freight. This,
the most us are willing to admic, to be an
important right of the people, which they
ought to exercise through their legisla
ture by safe and prudent laws. I have
heard no complaints ot the present law
from the railroads. They complain only
of its execution, but complaiu earnestly.
In this, however, they meet little sympa
thy, for the people at large believe in the
commission, and mistrust the railroads.
They believe that these gentlemen are
open to conviction, and that they mean
what they say. This is not the case; and
is it fair that tlie people of tho State
should be deceived as to the real spirit of
this administration, while the railroads
are disarmed of complaint by these plaus
ible phrases?
Unfortunately for the railroads they
Savannah, Florida
and Western rali-woy mmnt cm-m-ai,. „
buked through the press, for not going De-
fore this just and generous tribunal, to
show the alleged disastrous effect of work
ing the commissioners’ rates. It is. un
fortunate that those who administer the
rebuke do not know that the Savannah*,
Florida and Western Railway Company
had their general manager and other offi
cers in Atlanta before these commission
ers for days and days suing for mercy;
that they do not know they made such a
showing that no man, not absolutely com
mitted to ignorance or obstinacy, could
doubt. It was no “expert’s estimate” as
to probable results, it was carried far be
yond tbe uncertainty of estimate or as
sumption. Tbe actual business of the
road for a given period was worked over
and tabulated in a form easy of compre
hension, showing the exact earnings of
the road upon every pound of freight; and
fer each respective class, and, by the side
of this, was shown tho same business un
der tbe operation of tbe commissioners’
rates.
. Isay It Is unfortunate for the railroads
that tbe public do not know these filings,
for if they were known a far different
spirit of criticism would prevail
It is, however, temporarily fortunate
for tlie commissioners that tbe press and
people believe their professions. . They
have confidence in their honesty of pur
pose, and cherish a feeling of pride in
public men who stand by tlieir duties re
gardless of everything but right—pride
orable and patriotic enough to be placed
upon the commission.
It is this one alone who has inspired
the people with confidence in tlie correct
ness ami safety of the position that has
been taken in regard to the railroads.
It is my firm and honest conviction
that had this one man not been on the
board the present schedule of rates would
have found little support from the people.
They are now so surprised and astound
ed at the excessive low figures of the rates
that but for their confidence in his' great
ability, caution and justice, they would
say with one accord: “Impracticable! We
do not ask tbe bankruptcy of tbe railroads,
we only ask protection against discrimina
tion and extortionate rates, but our rail
road property must live, and thrive.” But
1. Where a borrower, in 1876, received
from a fender $150, bat gave n< -tes for
$162 with twelve per cent, interest, this
was in effect a reservation ot more than
legal interest, and wrought a forfeiture
under the act of 1875.
2. Under the usury act of 1675, the
penalty for taking more than
legal interest was a forleiture of
the interest and the excess of interest. If
it had already been paid, it could be re
covered by suit, or by way of set-off against
a suit for the principal, within the time
allowed by that act. But in either event,
whether payment had been made or not,
only interest (both legal and usurious)
was forfeited, and tbe fender had the right
to recover the principal actually loaned,
3. In this case the jury “found for the
now they say:_ “We did not believe so low plaintiff; the court granted a new trial
unless be would write off not only the
interest (both legal and usurious) but also
a part of the principal. The judgment 4
affirmed with directions that tbe verdict
stand if the plaintiff will write off all but
tbe principal.
Judgment affirmed with directions.
a rate practicable; we did not expect it;
but if it is approved by a man of acknowl
edged ability who has been a railroad
man for many years of liis life, and al
ways standing high in his profession, he
knows wliat he "is about, and will injure
no interest so important to our State; if
he thinks these are living rates for the
railroads it must be so, and we are glad
to get them and ought to have them.”
This then is the valuable influence ac
quired over a people by a long and worthy
life now enjoying the fruit of labor, and
this influence is being exerted, whether
sensibly or insensibly, to convince a peo
ple that an error is not an error.
This is a mistake of such a nature that
must, deserved or undeserved, inevitably
come home. Sooner or later the decep
tion must vanish, and be replaced by an
enlightened public opinion that will drive
law makers and law executors to a sound
public policy. Can the commission doubt
this? Can they doubt that they have
made and are uow making errors of the
very gravest character? Especially can
this one member, trained and skilled
in all the Taried details of the
transportation policy of the
country, and with such actual experience
as to make him familiar with the necessi
ties, I may fairly say, of every railroad in
the State? Can he be ignorant of the
evils that must ensue? Impossible 1 If
lie is, then the estimate of a people in the
ability and judgment of a man has never
been so wide of the mark. Nor can the
commission, as a whole, be so ignorant as
their policy would seem to indicate. The
prominent railway managers of the State
have shown no lack of disposition to con
fer and co-operate with them, and have
been answered only with reluctant an.d
insufficient concessions.
The people have complained, not of
high rates; but of discriminating rates.
Why have not the commission begun
where tho evil was said to exist? Why
have they not been conservative? Why
have they not taken time and gone care
fully to work to get information as to what
were the real evils, to work out tbe prob
lem and apply remedy where remedy was
needed? It seems tome that common
prudence, in handling a subject so vast,
and with powers so unlimited, would have
suggested, yes, demanded this. Yet they
Lave not only met tbe views, but they
have made a tariff so low as to make
breathless with astonishment the
most vehement of * the anti-railroad
faction in tlie State convention or
legislature. With a good law to work
under, with the fullest discretion as to
tlieir action, and the time in which to act,
with the injunction prominent in the. law
to he “just and reasonable,” they iiave
pounced down upon the railroads of the
State as if they had been for these long
years defiant criminals, “running riot”
over every legal and moral right of a peo
ple, and were only uow within the
shackles to be punished with impunity by
these new defenders of the countiy, who
have been well said to be judge, jury and
executioner. Yet so ill considered has
been their action that, while the railroads
will be ruined, many people will -find
themselves distressed imdernew burdens,
haveleamed the true meanimr of the which must assuredly follow any serious
tt&meenty. 6 .Wsier taso considerabfe-a_nroM-t:<— -
I have hoard the Savannah. Fferi.i- 8 " •
Shareholder.
rendered may 6th, 1880.
(Abridgedfor the Telegraph and Messen
ger by Hill <fc Harris, .Attorneys at Law,
Macon, Ga.)
Cox vs. the State. Mandamus, from
Fulton. . . -
1. Tho general rule is that when the re
fusal ol a new trial in a criminal case has
already been affirmed by this court, no
second hill of. exceptions can be allowed.
The only exception to this general rule is
such “an extraordinary motion or case”
as is specified in §3821 of the code.
2. The extraordinary motions or cases
contemplated by the statute are such as
do not ordinarily occur in the transaction
of human affairs, as when a man has been
convicted of murder, and. it afterwards
appears that the supposed'dcceased is still
alive, or where one is convicted on the
testimony of a witness who is subsequent
ly found guilty of peijury in giving Ibat
testimony, or where there has been some
providential cause, and cases of like char
acter. Whilst tbe newly discovered testi
mony now brought to the attention of
this court, discloses some facts not in evi
dence before, yet, in its general character
and beariug, it 4 merely cumulative to
the case heretofore presented, and would
scarcely liavc produced a different result
on the ordinary motion for new trial,
much less can it give to this proceeding
the peculiar characteristic of being “an
, „ _ _ 1 I extcaonlinary^hofion,
which makes the blood beat high and j . Mandamus refused,
quick , when we name those whom the 1 ;u-1?—
people detight to honor. Must this pride I Western and Atlantic Railroad Com-
The Successor of Judge Butt.—■
The governor has appointed Hon. James
L. Wimberly to the vacancy on the bench
of tbe Chattahoochee circuit, caused by
tba resignation.of Judge Butt.
The new judge has resided for many
years in Lumpkin, Stewart county, where
he has been engaged in the practice of his
profession. He is-a man of excellent
sense, and will, no doubt, perform tha re
sponsible duties of his office impartially
and ably.
Our steel industry is now the second
in the world in productive capacity, and
■ caused much disappointment.”
be destroye'd? Nothing can cover grave
errors, whether they aiise from igimrance
or obstinacy; in spite of commissioners, in
spite of railways, in spite of tbe people, in
spite of everything on earth, truth will at
last assert itself, and mistakes will be de
veloped and eradicated.
It is unfortunate for the railroads that
tbe people do not know that this ample
showing failed to convince the commis
sioners of a real grievance, though it
clearly demonstrated that tbe road would
fall eighty thousand dollars short of tlie
amount necessary to pay interest on its
bonds. They, however, though not con
vinced, were generous. They permitted
the road to make an advance upon the
commission’s standard rates, which re
duced its deficit to forty thousand dollars,
In other words, they only required the
bondholders of its second securities to
provide forty thousand dollars per! year
over and above what the road could be
made to earn for the privilege of operating
it or else abandon the property to tlie
holders of its first securites. It is also un
fortunate for tbe railroad side of the -
ject that tbe people do not know that
nearly every light traffic road in the State
has been before this generous and ju
tribunal with a similar proof of tlie disas
trous consequences of their rates and rul-
Trade is controlled by almost immuta
ble laws that are working day by day to
final conclusions, and that demonstrate in
disputably the theories and principles up-*
on which rest tlie true inteiests of a peo
ple. As these laws unfold they will con
sign to oblivion tbe small minded’who
would contract their action.
I have said that tbe people of Georgia
are not asking that railroad property of
tbe State be reduced to bankruptcy. They
know-that it lias done more to enlarge the
varied industries of Georgia than any
other equal investment that has ever been
made here; and that without it our State
would now be as undeveloped as any of
the Western Territories.
They not only do not wish it. but they
will not permit its bankruptcy. If they
understood to-day, and had undent ood
from the beginning, wbat must be the ao-
tua rpsult of the arbitrary enforcement of
these commissioners’ rates, there would
be such a demonstration throughout the
State as would not aud could not be mis
taken or ignored. But people have let
confidence take the place of investigation
—confidence in the commissioners.
Two members of it, indeed, they know
are not railroad experts, but they be
lieve them to be fair minded, ful) ot legal
ability, and versed in the science of politi
cal economy.
There is, however, one who commands
perhaps, in a greater degree than any
any other man in the State of Georgia,
their confidence in his great ability to
deal with aU the finer detail? of railroad
transportation, and who, though once a
railroad manager, was still thought hon
pauy vs. Steadly. Certiorari from Ca
toosa.
1. After proof that a cow had been
killed by a railroad train, the presump
tion of negligence arose against the com
pany, and in the absence of sufficient evi
dence to rebut such presumption, a ver
dict for the plaintiff was right.
2. That one of the jurors who tried a
case in a justice’s court was a talesman,
and that his name was not on the jury list
or in the jury box, is not good ground for
sustaining a certiorari to the finding in
that court.
Judgment affirmed
Burke vs. Burke. Covenant from Whit
field. .
A conveyance of one’s interest m cer
tain land, “said interest containing eigh
ty-three and one-third acres, more or
less,” with a general warranty of title
against the claims of all persons, includes
iu itself covenants 'of a right to sell, of
quiet enjoyment, and of freedom from in
cumbrances. Code §2703.
Judgment affirmed.
Prater vj. Cox, et al. Ejectment from
Whitfield.
1. Actual notice to ati agent of any mat
ter connected with his agency 4 also ac
tual notice to Jiis piincipal, and is not
merely constructive notice to the latter.
2. Section 3583 of the code, which pro
vides that “when any personhasbona fide
and for a valuable consideration purchas
ed” realty, and has been in possession four
years, tbe same shall be discharged from
the lien of any judgment against h4 vend
or, does not protect one who purchases
with notice that the property is subject to
tbe lien of a judgment at the time of the
purchase.
Judgment reversed.
Felker vs. Calhoun, executor. Case,
from Catoosa.
Calhoun purchased mill property, tbe
dam attached to which is alleged to have
caused damage by flooding land above it.
No request was made for him to lower the
dam. He leased to Chase, who repaired
the dam, aud land was flooded. There
was evidence on which the jury could
properly find that Calhoun did not in
crease the capacity of the dam while he
was in . possession.
Held, that on a suit against both, a verj
diet in favor of Calhoun was right.
Judgment affirmed.
Bones vs. Printup Bros. & Co. Claim,
from Floyd.
1. In a claim case, if the claimant con
tends that he had possession of the prop
erty at the date of the levy, and that point
is in issue, the plaintifi’in fi. fa. is entitled
to open and to conclude.
Judgment affirmed.
Lanier vs. Cox et al. Appeal, from
Whitfield.
Ford vs.-Kennedy. Complaint, from
Catoosa.
1. Where suit was brought against de
fendant as partuers, and one having died,
it proceeded against the other as surviving
partner, the plaintiff was not competent
to testily concerning transactions between
himself and the deceased in the absence
of tbe survivor. If tlie interogatories of
the decedent were in court, the attention
of tho presiding judge should have been
called to the fact.
TlieTpere belief of a witness as to
facts not in h4 knowledge is inadmissi
ble.
3. On an issue of partnership or no part
nership, the sayings of one who admitted
himself to be a partner, were not admissi
ble to prove that another, who denied be
ing a partner, was ill fact such.
4. Admissions of one who denies be
ing a partner are admissible to prove him,
such.
5. Tlie mere general understanding of a
witness, not based on facts, 4 inadmissi
ble.
6. An admission of evidence, which, if
error at all, was so slight as to bo harm
less, is not ground fora new trial.
7. Where suit was brought on an open
account, to which tbe statute of limita
tions was pleaded, and certain items were
relied on to take the whole account from
under tlie bar, they must not only bo
pleaded but also proved.
8. It was not error for the court to re
fuse to charge that admissions, when
clearly preyed, became evidence of a high
character. The. jury should determine
the weight to be given to evidence. “All
admissions should bo scanned with care.”
Code §3792.
Judgment affirmed.
The Western and Atlantic Railroad vs.
Sawtell. Caso, from Whitfield. .
1. If the tort for which damages are
claimed to be felonious, the plaintiff must
allege and.prove a prosecution therefor, or
a valid excuse for a faiinre to prosecute.
Such prosecution may he before suit
brought, at the- time of the commence
ment of suit, or concurrently therewith,
which means pendente lite.
2. In such a case it was not error to in
struct the jury as to what constituted a
felony, and then to submit to them the
question as to whether the killing of the
deceased was a felony or a misdemeanor.
Nor was it error further to charge that &
homicide resulting* from a collision of
trains was prima facie felonious; that the
burden was on the plaintiff to remove
that presumption by proof before it could
be reduced to a misdemeanor, and that if '
tbe presumption was not removed, then,
it must appear that the criminal prosecu
tion had taken place as require by law.
Judgment affirmed.
The Cotton States Life Insurance Com-
pany - vs. Carter. Comninim- ——
"Whilst it is well settled that all pre
vious negotiations concerning a contract,
meiit, and that parol proof 4 inadmissible”
to add to, vary or take from the writing,
yet when an action was brought alleging
that there was a contract between the
plaintiff and tlie defendant which the
paper should have contained, but did not,
and prayiDg that it might be reformed so
as to express the real agreement, or if it
should be made to appear that none was
ever mutually entered into, that then the
defendant should he decreed to refund
the money which the plaintiff had paid
under a mistake as to the existence of a
subsisting contract, parol and written tes
timony covering the negotiations antece
dent the writing, was admissible to show
what tho real agreement was, or that there
was any agreement upon which the minds
of the parties met.
Judgment affirmed.
The Western and Atlantic railroad vs.
Main. Case, from Whitfield.
Where the evidence disclosed that the
plaintiff’s cow was killed between the
signal post erected under § 708 of the
code and the crossing, it was not error to
charge the provisions of that section as to
checking the speed of the train, adding
thereto that the company would not he li
able because at the time tbe injury hap
pened the train might bo running in a
manner forbidden by law, but the failure
to comply with tiie law must operate as a,
cause of tbe injury.
Judgment affirmed.
The Georgia Southern Railroad vs.
Reeves. Complaint, from Gordon.
Where grantor, in consideration of $25,
and of the building of the railroad,
conveyed to a company, its successors or
assigns forever, in fee simple, the right of
way through his laud, ana added in the
deed the following words: “It is hereby
agreed and understood a depot and station
is to he located, and given to said Osborne
Reeves, on the land or strip above con
veyed, to be permanently located for tbe
benefit of said Osborne Reeves and bis as
signs, and to be used for tbe general pur
poses' of the railroad company,” the
grantee, by_accepting such deed, entered
into a covenant to comply with its terms,
and this covenant ran with the land and
became' obligatory upon any second com- j
pany which became the purchaser, under:
projicr legal direction, of all the rights, |
privileges, franchises and property of the*
former.
Judgment affirmed.
The Sick Han.
The Nashville American says“The.
affairs of Turkey are rapidly drawing to a
focus. The powers will soon have to con
sider not only how to enforce the Berlin!
treaty, but also whether that treaty is ad
equate to the demands of the occasion^
The aims of Austria, her desire to reach!
the Gulf of Salonika, the designs of Rus
sia, the views of England, France and
Germany, the plans of Italy for acquiring
the eastern coast of the Adriatic, the
■trouble between Roumauia and Bulgaria,
the revolt of the Albanians and the war
between them and the Montenegrins, the
bankruptcy of the Forte and the revolt ir
Asia—all indicate a case for the speedy
interposition of .the powers, a numbir o;
points of disagreement and many causet (
for serious trouble, if not for war. Th<
death of tbe “sick man” may happen wifir-
in the next few years. The admin
istration upon his estate will prove
delicate and difficult task. Every power
claims to be the next of kin. Turkey wil
not consider herself as dead as she ougb
to regard herself. The five greater pov
ers are hopelessly apart as to the sha
they should respectively have in the fii
disposition of the estate. The minor
terests which are ready to spring up wit!
or contiguous to Turkey, complicate
case beyond all measure. Servia, Rou:
nia, the Albanians, Greece, Bulgaria,
carved out of Turkey, living, or to gr
out of Turkey dead, aad to the difficulty
of the situation. It is altogether one
the most complicated international
tanglements ever known in European!
itics. The very gravity and difficulties j
the case may be the means of bringii
peaceful solution to the problem; but I
hard to see how a case of suchmar - "'
and of so many complications can .
pored without war.”
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