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(Li?s 9|je»Ms ftttkt Sxmjtmsi & Mfcsus*ng*c<
FOREIGN.
The Queen's Speech on the Opening
of Parliament.
London-, January 0. -The following is
the Queen’s speech, delivered on the open
in'* of Parliament today: •
Sly Lords and Gentlemen: I liave
called you at a period earlier Ilian usual
to a resumption of your labors, as some
affairs of a more than common urgency
demand your attention. My relations
with foreign powers continue to be friend
ly and harmonious. The main question
relating to the Irontier between Turkey
and Montenegro has been settled. The
powers are now engaged in communica
tion which have in view the determina
tions of the frontier between Tuikey aud
Greece. Some important portions of the
treaty of Berlin, which have so long re
mained without fulfillment, continue to
form the object of my anxious attention.
A rising in the Transvaal has recently
imposed on me the duty of taking mili
tary m'•■wires witn a view to a prompt
vindica' ion of my authority, and I have
of necessity set aside for a time any plan
for securing to the European settlers that
full control over their own local affairs,
without prejudice to the natires, which I
had been desirous to confer. I regret that
the war inliasutclaud continues, notwith
standing the efforts of the Cape govern
ment. it would cause me much satisfac
tion if a suitable occasion should present
itself for friendly action on my part with
a view to the restoration of peace.
The war in Afghanistan lias been
brought to a close,aud with the exception
of the Caudaliar force my troops have
been recalled witliiu the lndiau frontier.
It is not my intention that the occupation
of Caudaliar shall be permanently main
tained, hut still the unsettled condition of
tlie country and the consequent difficulty
of establishing a native government have
delayed for a time the withdrawal of my
army from that position. Papers on the
several suljecta to which I have adverted,
as well as further correspondence on
the milita y estimates of ludia, will be
presented to you.
Gentlemen of the House of Commons:
Estimates for the services for the coming
year are In a forward state ot preparation,
aud will be speedily laid before you. My
Lords and Gentlemen, tlicre lias been a
gradual though not very rapid improve
ment in the trade of the country, and I
am now able to entertain a more favora
ble expectation of revenue for the year
than 1 could form at its commencement.
The anticipation with which I last ad
dressed you, of a great diminution of dis
tress in Ireland, owing to an abundant
harvest, was realized, but I grieve to state
that the social condition of the country lias
assumed an alarming character. Agrarian
crimes iu general have multiplied far be
yond the experience of recent years. At
tempts upon life have not grown in the
same proportion as other offenses, but I
must add that efforts are being made for
personal protection bryoud all former
precedent. The police are under the di
rection of the executive. I have to notice
oilier evils yet more widely spread. The
administration lias teen frustrated witli
respected to these offenses through the
imjiossibility of procuring evidence, aud
an extended system of terror has'thus
been established In various parts of the
country which lias paralyzed almost alike
the exercise of private rights ami the per
formance ot civil duties. In this state of
things, new in some important respects
and lienee with little available guidance
from former precedents, 1 have deemed it
right to put in use the ordinary powers of
tlie law before making any new demand;
but tlie demonstration ofilieir insufficien
cy amply supplied by the present circum
stances of tlie country leads me now to
apprise you that a proposal will be sub
mitted to you for entrusting me with
the additional powers necessary in my
judgment not only for the vindication of
order and public law, hut likewise to
secure on behalf of my subjects protection
for life and property and personal liberty
ot action. Subject to the primary and ira-
periods obligations to which 1 have just
referred, ’ 1 continue to desire, not less
than heretofore, to prosecute the removal
ot grievances and tlie work of legislative
improveiiiert in Ireland, as well as in
Great Britain. The Irish laud act of 1870
lias been productive of great benefits and
lias much contributed to tlie security and
compatatire well-being ol the occupiers
of tiie soil, without diminishing tlie value
or disturbing ihe foundation of property. In
soni ■ respects, however, and more partic
ularly under the strain of recent and ca-
lanitiotis jeais, the protection which it
supplied lias not liecu found sufficient ci
ther in Ulster or in the other provinces.
1 recommend you to undertake a further
development of its principles iu a manner
coiiiformablctothe special wants of Ire
land, both as regards tlie relation of land
lord ami tenant, aud witli a view to effect
ive ('Hurts for giving to tlie larger portion
of tlie people by purchase a permanent
proprietary interest iu tlie soil. This leg
islation will require tlie removal for tlie
purposes in view of all obstructions aris
ing out ol limitations on tlie ownership of
properly, with due provisions for tlie se
curity of interests involved. A measure
will he submitted to you for the establish
ment of a comity government ill Ireland,
founded niioii representative principles
aud framed with the double aim cf con
firming tlie popular control over expendi
tures and of supplying a yet more serious
want by extending tlie formation of
habits of local self-government.
Bills will be laid before you for tlie
abulition or corpora! punishment in tlie
anuy and navy. You will be asked to
-consider measures lor tlie further reform
of tlie law of bankruptcy; for the conserv
ancy of rivers and the prevention of floods;
for revising Ihe constitution of endowed
schools and hospitals in Scotland; for the
renewal of the act which established se
cret voting, and for repressing the cor
rupt practices of which, in a limited num
ber of towns, there were lamentable ex
amples at the last general election. I trust
that your labors, which will be even more
than usually arduous, may he so guided
by Divine Providence as will promote the
happiness of roy people.
London, December C.—A dispatch
from Dublin to the Times says the effect
or such a satire upon the constitution as
the continuance of a criminal trial in tlio
absence of tlie accused can hardly be fa
vorable to the administration of justice.
The people will only see that Mr. Parnell
and his associates care as little for the
Queen's Bench os for the law itself, aud
ignore its authority when it interferes
with the pursuit of their political objects.
London, December 0.—Tho Pail Hall
Gazelle this evening, in a leading editorial
article, says: Unless Mr. Gladstone cau
deduce unknown and unexpected prin
ciples from the'land act of 1870, which
would practically include the “three F’s,”
the promised legislation supplementary to
that act will be disappointing, not only for
the Radicals or advanced Liberals, but r or
moderate Liberals aud even many Con
servatives. Any bill that falls short of the
three F’s will certainly prolong, with-cir
cumstances of bitterness and exasperation,
the campaign of the Land League, and
may jiossibly produce, momentarily, on
outbreak of furious violence.
The same paper, noticing the absence
from the Queen’s speech qf any expression
or eonlMonee that the Greek question will
he speedily settled, says: “If the prospects
of an amicablesolutionare invisible to the
ministers, It is to be feared that they are
not good.”
In tlie House of Commons, on reassem
bling for (lio eveniug silling, the attend
ance was very large. The ministers, on
entering the house, were cheered by tlie
supporters of M r. Gladstone, and immedi
ately after him came Mr. Parnell, both
«r whom were loudly cheered by their
respective parties, the Home Rulers being
especially demonstrative.
Mr. Forster, chief secretary for Ireland,
6*ve notice that lie would, on to-morrow,
move a bill for the better protection of
Pe»ons and property in Ireland; also, a
hill respecting tlie carrying of arms.
Cheers greeted the announcement of
these measures.
Mr. Pam ill gave notice that te wonld
oppose them hills.
Gltdstcce announced, ainid cheers,
that lie w !<l move, on Monday next,
tost the b s'just announced have pre-
.7 .?. ac ? every Jay over all other motions
>} we io passed.
shortly call attention to the relations be
tween England and Ireland, and that be
would more a resolution.
Mr. Labouchere (advanced Liberal)
said that he would shortly move that an
hereditary chamber cannot be a perma
nent institution.
It is reported that the Land League will
summon a national convention at Dublin
to decide upon what course to pursue in
regard to the government laud bill.
Dt nLin, January 0.—With the depart
ure of the traversers to London, Interest
in the State trials seems to have collapsed.
The court room is deserted by the usual
audience. This morning’s proceedings
consisted merely of tho reading of speeches
made by the traversers.
London, January In tho House of
Lords lo-uiglit the Earl of Beacousfield
although he disclaimed the intention of
entering upon any argument, made a long
speech. lie declared the accession of the
present government hail unsettled every
thing iu Europe, Asia and Ireland by re
versing the policy of their predecessors, at
the time ot whose overthro w^peace was as
sured. He strongly denounced the con
duct of the government in waiting until
the last moment to propose repres
sive measures tn Ireland, and said
that the circumstances warranted an
amendment to the address in that
sense, but the state of Ireland required
speedy measures. He therefore recom
mended that the House proceed on Mon
day to discuss the ministerial measures
for restoring order and liberty to tiie loug
suffering subjects of the Queen. After
Lord Granville and otliera had spoken the
address iu reply to the speech from the
throne was agreed to.
In the House of Commons to-night, Mr.
Parnell gave notice that he would move
for a select committee to inquire into the
alleged outrages in Ireland. Mr. John
Simons, Liberal reformer, gave notice
that he would move the restitution of the
Transvaal. Various questions as to the
legality of tlie proceedings against the
members oi the Land League were an
nounced, including two by Mr. Parnell.
Mr. Parnell also gave notice of an amend
ment to the address to the Queen, declar
ing that peace can he promoted by the
suspension of the constitution.
Mr. Justin McCarthy gave notice of an
amendment to the address, as agreed upon
by the Home Rule members, praying the
Queen to refrain from employing the
navy, police and military iu enforcing
ejectments where the rent exceeds tlie poor
law valuation.
Pending consideration by Parliament of
tho land bill, Sir Stafford Northcote
said he could not congratulate the
government on the stato of affairs in
the East, nc attacked the government
for abandoning the Irish peace preserva
tion act, amt for not resorting to coercion
long ago. The government had broken
down in Ireland, and the mischief done
was incalculable. The government had
been guilty of criminal neglect. He re
fused to believe that any tinkering of
the laud laws would effectually settle tlie
question. Information had reached him
that not a tenth part of the outrages com
mitted were reported, aud the mischief
was growing.
Mr. Gladstone replied t.iat there was
no serious difficulty to apprehend in re
gard to ttic Greek Irontier question. Ev
ery step that had been taken was iu con
cert with the other powers, which was the
best met hod for the solution of the ques
tion. The government was not responsi
ble for the Basuto war. The late gov
ernment had not recommended a renewal
ot the Irish peace preservation act. It
there was any ceusitre in connection with
the subject, it belonged to tlie late
government, and not to tills government,
which only succeeded to office when the
act had lapsed, and which could only re
new it. As to the accusation against the
executive, it was a fact that wtienevcr
they had prohibited a meeting, tlie meet
ing was" not held. The government
i bought they were hound to try the effect
of the existing laws. If they had not,
like the last government, arrested
three insignificant persons, who
were never brought to trial,crime and vio
lence would have prevailed iu Ireland to
a far greater extent than now. die would
not admit that the laud act of JS70 had al
together failed, blit lie did admit that new
provisions were requisite as to the assign
ment of tenants’ interests, and that the
clauses intended to give free scope to the
experiment of creating a peasant
proprietary had been Insufficient and al
most inoperative. The government did
not see their way to dealing with bor
ough franchise in Ireland this sessiou. Mr.
Gladstone concluded by saying govern
ment were addressing themselves to a
task in which, on account of human
weakness, they might fail, but which
would redound to the honor and happi
ness of all if they succeeded.
Earn Work for 3 anuary.
PLOWING.
Congress.
. Washington, January 0.—In the Sen-
It is all-important to keep the work an- - a te, Mr. Eaton, from the commitleo on ap-
irnals on the farm pro tably employed, propriations, reported with amendments
and equally important that the heavy the consular and diplomaticappropriatlon
work should be disposed of before the j,i!l. - (t was placed on the calendar.
“ MALARIA."
Tbo Amount ol Whisky iu that Dis
ease of Congressmen at Washing
ton.
While on the subject of Congressmen, I
beg to say a word as to their habits. Con
gressmen have a periect right to drink
as much whisky as they please, providing
they attend to their duties and do not of
fend the proprieties. It must be confessed
that some of them devote a good deal of
time to the importunities of John Barley
corn. There are some very heavy drink
ers in both houses—men who are as
straight as a dart at home. Sometimes
they neglect their constituents aud the
public business, and sometimes they are
seen with pretty bad characters. I have
known Congressmen who were unable to
leave their teds lor weeks because of de
lirium tremens. I liavo known
others so drunk in the Capitol that
they could not stand or even sit in a clialr.
I have known them to take lewd women
to ther Capitol and have known that mem
bers’ mistresses sent cards to them during
the sittings of Congress. You may prop
erly say that this is none ot my business.
Well, as I do not assume to reform the
world, itprobably is no affair of mine.
But this is what I am coming to. After
some members and Senators drink until
their stomachs are all gone and they are
unable to cat or drink anything and have
to lie by for a week or two, they account
for tlieir condition with the general ex
planation —“malaria.” Malaria fiddle
sticks! It is more, likely ruinalia. These
people are a bit too fond of using the
words “Washington malaria.” The phy
sicians here understand tills business.
When they find an honorable Senator or
rnembr r suffering from too much rum
they tell him ho has the malaria.
They charge him an extra $10, but
lie is willing to pay it to deceive his con
stituents, his family and his friends. He
may really think he is fooling the doctor,
too, bnt lie isn’t. Why I object to this
sort of thing is that it hurts the good
name of the fairest city in the land, which
no more has malaria than* Philadelphia
has. No one would object to it once iu a
while, but the thing is getting too fre
quent. I know of a member who is now
home In (I will not mention the city)
sick In bed. It is telegraphed all over the
country that ho is suflenug from the
malaria of Washington. Now it
is well known to the boys about town
that this man was chock full all tlie
time lie was here, aud as a natural conse
quence fcD stomach gave way or the iims
got hold of him. Washington ought not
' o suffer from this cause. Why not call
tho disease congressional malaria? It
would bo well understood then. Let me
beg the reader not to misunderstaud rue.
All Senators and members do not drink
whisky—doublets tlie half of them do not.
They are generally sober, hard working,
family-loving, domestic men. But there
are some who are anything but correct in
their walks.. And they arc Hie ones who
cry out against the“Waslnngton malaria.’
—Philadelppia Times' Washington Let
ter.
TheSantee and Wixyah Canal.—
Private enterprise lias at length opened
tho long-wLlied-for canal between North
Santee and river and Winyah bay, via
Mosqi’i'.o creek. Mr. R. Tom Lowndes,
having observed the large quantity and
line quality of the pine and cypress re
maining uncut on tho Santco river, be
cause of tiie impossibility of getting it to
market, has, with much expenditure of
time and money, built the canal above
mentioned, which will enable the rafts
men to take the lumber to Georgetown,
. —■ — where it can be sawed and shipped.—News
-Mr. 1 arncll gave notice that he will I nU( j Courier
warm weather is upon us, and the ac
tive, pressing labor of planting and culti
vation.
Stiff clay lands should be at once plow
ed as deeply as possible. It is better to
plow in narrow lands, and open well tlie
water furrow; or. If to be plowed only
once before planting, it is well to lay off
the corn or cotton rows and throw the soil
into corresponding beds. Such soils, how
ever, if intended for cotton, should be
twice plowed before planting.
Light clean soils may he left for Feb
ruary, March and April plowing, ac
cording as they are to be put in corn or
cotton.
Stubble lands or soils covered with veg
etable matter should te turned over shal
low, as soon as possible, that the grass,
weeds, etc., may rot and be out of the way
of the plow and hoe, as well as furnish
food for the crop to be planted.
FENCES.
This is the usual month for the heavy
work of rail splitting and makiug and
repairing fences. Whatever may be said
about ugly, crooked rail fences, tliey are
and will oe for generations to come, the
chief reliance for enclosing crops and
stock where timber is sufficients Wo be
lieve there are at least twice as many
fences in Georgia as there should be—
even under the present time-honored sys
tem of fencing in the harmless crops aud
fencing out predaceous stock.
It is well worth while to do the work
well If done at all. We can see beauty
even in a worm fence, if constructed on
correct geometric principles, and feel
strongly iuclined to republish an article
on the subject that appeared last year in
these columns.
CARE OF STOCK.
We cannot forbear to speak a word iu
behalf of tlie cattle, sheep aud hogs. Wo
have a mild and genial winter climate, es
pecially when compared to the Northern
winter. Yet there are often many days
in January and February that are destruc
tive to the health ami condition of stock.
Southern farmers, favored as they are
with a mild winter climate, make but
meagre provision for ieeding the stock
above named, except for some favored
milk cows, and can well afiord to give
them comfortable shelter, at least, from
the storms of rain and wind above, and
protection against tlie mud and tilth on
the surface of the earth.
RECEIPT FOB CURING HEAT.
“As the season has arrived wnen curing
meat is ill order, we republish our
famous receipt for curing beef, pork, mut
ton, hams, etc., as follows: To one gallon
of water, take 14 pounds of salt, 4 pound
of sugar, 4 ounce of saltpetre, 4 ounce of
potash. In this ratio the pickle can be
increased to any quantity desired. Let
these be boiled together until all the dirt
from the sugar rises to the top and is
skimmed off. Then throw it into a tub to
cool, and when cold pour it over your beef
or pork. The meat must be well covered
with pickle, aud should not he put down
for at least two days after killing, dur
ing) which time it should be
slightly sprinkled with powder
ed saltpetre, which removes all
tlie surfaie-blood, etc., leaving the meal
fresh and clean. Some omit boiling the
pickle, and find it to answer well, though
the operation of boiling purities the pickle
by throwing off the dirt always to be
found iu salt and sugar. If this receipt
is strictly followed, it will require only a
single trial to prove its superiority over
the common way, or most ways, of pul
ing down meat, and will not soon be
abandoned for any other. The meat is
unsurpassed for sweetness, delicacy and
freshness of color, tituit the potash un
less you can get the pure article. Drug
gists usually sell it.”
POULTRY AS A FARM CROP.
Few people in tlie South have a proper
.idea of the value of poultry as a farm
•crop. Almost every one who pays any
attention to poultry does so from the fan
cier’s standpoint. This is all right as far
as it goes, but it does not go far enough to
cover the whole field of poultry keeping as
an industry; while a few fowls may bo
kept and bred iu a small place and at
small expense, afford amusement and
pleasure, poultry is really a farm slock
os much as pigs and sheep, and may be
raised on the (arm more profitable as a
market crop than either pork or mutton;
besides this, the Southern farmer should
ship eggs early during the winter when
they ate high in price. A man who
knows how can make poultry as a farm
crop a very profitable one.—Christian In-
dcx.
The Railroad Monopolies.
New York, January (5.—At a meeting
of the Chamber of Commerce to-day,
the special committee on railroad trans
portation submitted a long report on tho
railroad problem, which was adopted. It
sets forth the importance of proper legis
lation to regulate railroad charges; dis
cusses the two railroad bills now before
Congress, known as tbe Reagan bill and
the Henderson bill, and urges tho necessity
of encouraging competition aud prevent
ing the organization of pools and combi
nations. It sbows'that an advance in freight
rates of flvo cents per hundred pounds
upon the grain crop of Ihe West is equiva
lent to an export tax of $75,000,000, which
comesoutof the pockets of producers. In
conclusion, the committee submitted tho
following resolution:
Resolcea, That the public welfare ur
gently demands that commerce by rail-
roatls should be controlled and regulated;
that such regulation should take tho form
of, first, positive laws, defining public
rights; aud, second, supervision by an
cxecutivo power to seo that these laws are
earned into effect; that with intcr-State
commerce these laws and supervision
should bo provided by Congress, aud for
those railroads exclusively within the ju
risdiction of a State, similar action should
be taken by tbe Legislature of that State.
Resolved, That of tbe measure now
pending in Congress for the regulation of
inler-Stato commerce, the bill known as
tho Reagan bill, in the opinion of this
Chamber, is tbe one best calculated to
protect the public interests, and that it
should become a law without unnecessary
delay. Be it further
Resolved, That an addit’onal and sep
arate bill, not consistent with tho provis
ions of the Reagan hill, should be passed,
providing for a uational board of railroad
commissioners, to see that all laws of the
United States relating to railroads are
duly executed, and generally to supervise
the operations of Inter-State rai.roads.
There is no difference of opinion
among those who have tested Pond’s Ex
tract. Thousands both in the United
States and in Europe, unite in giving this
remedy tho highest praise as a curative
agent. Its power in arresting inflamma
tory diseases is almost miraculous, never
failing to awako the grateful admiration
of tho afflicted. It can be said of this
gr<\at re me ly that it can never injure the
most sensitive or delicate organism.
Send for little book of particulars to
Fond’s Extract Co., 03 Malden Lane,
N. Y. Beware of imitations.
lw Samuel R. James.
Eminent WJ Inter lirlnton. If. D«
Baltimore, writes: “I have used Colden’s
Liebig's Liquid Extract of Beef in my
practice. In consumption, debility, weak
ness, anemia, chlorosis, etc., it cannot te
surpassed.” Sold by all druggists and
grocers.
Dr. William A. tireene,
Macon, Ga., writes: I have tested the
virtues of Colden’s Liebig’s Liquid Ex
tract of Beef in debility, weakness, de
pression, dyspepsia, loss of appetite and
nervous afflictions, and have found it the
best remedy I ever used. Sold by all
druggists. lw.
Hoar Honoy Gan ho Mode.
During tho late rapid rise in stocks
many men have cleared thousands ot dol
lars from tbe investment or a single hun
dred. The reliab.e house of John A.
Dodge & Co., No. 12 Wall street, New
York, have tho reputation of securing for
many of their customers very large profits
from comparatively small investments.
We are now prepared to fill prescrip
tions at all hours of the night. Tbe night
belt will be found under the right band
The Senate proceeded to consider tlio
calcudar, the first bill being ouc to puuish
tramps iu the District of Columbia.
In the House, on motion ohMr. Tucker,
of Virginia, the morning hour was dis
pensed with, and at 12:20 p. ro. the House
wont into committee of the whole (Mr.
Covert, of New York, in the chair) upon
the funding bill. Tho only arrangement
in regard to the limitation of debate was
that made before the holidays, which lim
ited general discussion to one day.
Mr. Keif y, of Pennsylvania. took the
floor in opposition to the bill. It had been
stated that the ouly question presented
was whether Congress would have tho sa
gacity and honesty to borrow at 3 per
cent, the money required to pay the bonds
which were carrying 0 and 5 per cent, in
terest. There had never been a more mis
leading statement made to Congress and
the country.
Washington, January 6.—In the Sen
ate, pending the debate oil the bill to pun
ish tramps, the morning hourexpircd.
The array appropriation bill was read
twice, and referred to the appropriations
committee.
The Senate then resumed the consider
ation of the biff for the relief of Ben Hol
liday, which was supported by Messrs.
Garland aud Teller, and opposed by
Messrs. Morrill, McPherson and Wallace.
Pending tho couclusion of the debate, the
Senate, at 4 p. m., went into executive
session, and when the doors were reopened
adjourned.
In the noose, Mr. Kelley, continuing
Ids remarks on the fundiDg bill, said tho
real question which would come up was
whether the government could not pay
this debt without borrowing mopey. Sixty
millions a year for ten years would pay it
in fifteen years. The government had
paid an average of within three millions
of that amount, aud in the year just closed
it had paid nearly seventy-four millious.
Was It tlieu necessary for the government
to borrow money to pay $(>37,000,000 iu
the next ten or eleven ycats? He was in
favor of temporary loans—loans redeem
able in one or two years—to supply any
deficiency, should any be found in the
current rcveuues, a contingency of which
he liau no apprehension, and lie would
shortly ask for a vote on Ills bill to au.
tliorize such loans.
Mr. Weaver, of Iowa, opposed the Dili,
arguing that thero were fifty millions of
silver dollars in the treasury which should
be used in tbe payment of bonds, aud he
gave notice of an amendment authorizing
tlie Secretary of the Treasury to devote
all silver in the treasury vaults to this
purpose.
Mr. Chittenden, of New York, stated
that he wonld at the proper time oiler au
amendment repealing ail acts imposing a
tax on the capital and deposits of savings
banks, national banks, State banks and
private banks; providing that the tax on
the circulating notes of national banks is
sued on tlie bonds autlior'zed by this act
shall not exceed one-halt of 1 percent.,
and providing further that the total
amount of silver dollars of 4124 grains
authorized under tlie act ot February 23,
137.3, snail not "exceed S100,000,000. Mr.
Chilteuden then spoke at some length in
support of bis amendment, tlie main point
of which, he said, was that it reduced the
tax on the circulation issued upon the 3
per cent, bonds to ouc-balf of the present
rale. This, he believed to te an indispens
able condition of tko success of the 3 per
cent, funding bill. Unless the banks should
te eucourageil to buy these bomb the
prospect of disposing of them would be
poor.
Mr. McLane, of Maryiaud, opposed the
bill in its present shape, being persuaded
that there was no necessity for it. He
thought it should be so modified as to car
ry out the views of the Secretary of the
Treasury as set torlh in his last auuual
report;
Mr. Springer, of Illinois, declared him
self opposed to the bill unless it should
bo considerably modified. Ho thought
the public debt could be paid off without
any increase of taxation much more rap
idly than this bill proposed. He favored
bonds to run a shorter time.
Mr. Lounsberry, ol New York, opposed
the general features of the bill, He was
iu favor rather of paying bonds as they
fail due than of refunding them.
Mr. Mills, of Texas, a.gued against the
bill, declaring himself opposed to the is
sue of long term bonds.
Mr. Phillips, of Missouri, spoke briefly
in favor of a bill which he proposed to
offer as a substitute for the funding bill.
The committee then rose, Mr. Tucker, of
Virginia, stating that lie would, on Sat
urday, move to go iuto committee to con
sider tbe fuuding bill by sections. Ad
journed.
Washington, January 7.—In tho Sen
ate to-day, tbe memorial of Moore,a mem
ber ofthe Packard Legislature, asserting
that he was bribed by Kellogg, and ask
ing to be examined on the subject, led to
a discussion as to the evidence in the Kel-
lozg-Spofford case. Kellogg denounced
Moore as a perjured blackmailer.
In the House, immediately after the
reading of tho journal, tho Speaker, as the
regular order, proceeded to call the com
mittees for reports of a private nature, un
der whicli call four pension and other
private bills were referred to tho commit
tee of the whole.
Mr. Springer, of Illinois, offered a reso
lution calling on the Secretary of State lor
all information in the State Department
not heretofore communicated in reference
to the Halifax fishery award of $5,500,000
paid by this government to Great Britain,
and especia'ly that relating to tho alleg
ed ficticious statistics and perjured testi
mony imposed on the arbitrators, and on
which evidence tbe award was made; also
whether the g eminent lias taken any
steps to secure the verification of tho re
cently published statements of Prof. Hen
ry Youle Hind on this subject.
Washington, January 7.—In the Sen
ate, Mr. Kellogg said that he could bring
a thousand citizens of New Orleans to re
fute Moore’s charges.
Mr. Hill, of Georgia, said Moore had
once before offered to testify against Mr.
Kellogg, hut on being given a place in
the custom house he testified in his favor.
He was now repeating the plan. This was
a fine example of tho character of the
members of the Packard Legislature. Mr.
Hill had never seen one of them whom be
would believe under oath.
Mr. Kellogg contradicted Mr. Hill’s as
sertions, and said that there was no bribe
ry among the Packard members; that all
the evidence of bribery had been refuted
by Democratic evidence. He then pro
ceeded to review Moore’s testimony.
Mr. Hill replied that he would not no
tice what tbo sitting member had said.
This discussion, he thought, would have
ouc good effect, in calling public attention
to the influence of tho custom house in
this case.
The morning hour expired rad the mat
ter was dropped.
Mi. Ferry introduced a bill to promote
the efficiency of the life-saving service.
Referred to the committee on commerce.
The Senate then took up the consular
and diplomatic appropriation bill, aud Mr.
Eaton explained its provisions.
Mr. Carpenter and other Senators op
posed the section appropriating money fur
the rent of prisons for Aihcrican convicts
in China, arguing that there was no.con
stitutional authority for consular com is
and prisons in foreign countries.
A long discussion of the subject follow
ed, in which Senators Carpenter, Pendle
ton, Hoar, Brown, Voorhees, Hill, Jones
(Florida) and others participated.
A motion made by Mr. Carpenter to
strike out this section, was then rejected
by a rote of 43 to 12.
A number of unimportant committee
amendments were then considered and
agreed to,alter which the bill was read tbe
third time and passed. Adjourned until
Monday.
In tbe House, Mr. Newberry, of Michi
gan, asked leave to offer for reference to
the committee on foreign affairs, a resolu
tion setting forth that the findings of the
so-called fishery award commission were
.based on fraudulent and altered official
documents and statistics,submitted know
ingly and with corrupt intent by the
agents aud officers of the British govern
ment, and providing for a special commit-
_ * ivi m wiwiuiir
window of dhr retail store. I tee to investigate the subject. After some
If Lakab, Rankin St Lamab. J discussion, Mr. Springer’s resolution was'
referred to the committee on foreign af
fairs aud tbe subject dropped.
The House then went iuto committee of
tbe whole on the private calendar, and at
3:45 reported to toe House a number of
private bills, wblch were passed. Among
them, one to adwjt free of duty one of the
bells of Sl Michael’s chimes, of Charles
ton, S. C. Adjourned.
Washington, Jau. 8.—Iu tbe House
Mr. Briggs, of New Hampshire, presented
the credentials of Ossian ltay as mem
ber-elect lrorn the third Congressional dis
trict of New Hampshire, and that gentle
man having appeared at tbo bar ot the
House, look the oath ol office.
Tbo Speaker proceeded as the regular
order to call committees lor reports. Mr.
Money, of Mississippi, chairman of tho
committee ou post-offices and post-roads,
reported back a bit! regulating the rates
of postage on second class mail matter,
which was placed on the House calendar.
Mr. Pochle, of Minnesota, from the
commitleo on Indian affairs, reported
back a bill authorizing the secretary of
tho interior to fulfill certain treaty stipu
lations with the Chippewa Indians on
Lake Superior, which was referred to the
committee of tbe whole.
The call of committees having been
concluded, on motion of Mr. Wood, of
New York, who appeared in his seat this
morning, the House, at 12:30, went into
committee ol. the whole (Mr. Covert, of
New York, in the cl.air) oil the funding
bill. The formal reading of the bill hav
ing been dispensed with, It was read by
sections for amendment.
Mr. F. Wood, under the instructions of
the committee on ways and means, of
fered an amendment fixing the rate of in
terest ou the bonds and notes authorized
to bo issued by this act at 3 per cent., it
being 34 per rent, in the printed bill.
Air. Buckner, of Missouri, Inquired if it
was in order at this time to test the sense
ofthe House as to whether the bonds
should be long bonds or short bonds. The
chair replied that it was not.
Mr. Clallln, of Massachusetts, opposed
the amendment. Ho was opposed to fix
ing tbe Interest at three per rent.
Mr. Tucker, of Virginia—“Does the
gentleman want a larger rate?”
Mr. Claflin—“I propose that the rate In
tbe bill shall stand there.”
Iu opposing tbo amendment Mr. Claflin
had read an amendment which ho pro
posed to offer, leaving the interest at 34
per cent., aud providing that the (ion j,
shall be redeemable after five years aiid
payable In tweuly years. No business
man, he thought, believed it possible to
float a bond at 3 per cent. It was the
unanimous opinion ot financiers that it
would be dangerous to put a 3 per cent,
bond ou the market.
Tho House committee on appropria
tions adopted the report of
the sub-committee tbis morning
upon the Iudian appropriation bill,
aud. instructed Representative Weils to re
port it to tho Houso to-day. Tlio bill ap
propriates $4,520,800.80. Among the
principal items are $1,307,300 for several
Sioux tribes, $022,000 for tbe removal,
settlement and subsistence of the Indians,
and $250,000 fur the transportation of In-
dian supplies.
The navy appropriation bill will bo re
ported from the sub-committee to the lull
committee on Tuesday next.
Washington, January 8.—In the
House, Mr. Kelley, speaking on the fund
ing bill, commented on the fact that in the
purchase ol over $108,000,000 of bonds In
the year ending October last, the Secreta
ry ofthe Treasury had to pay over $113,-
000,000, or about 34 per cent, premium.
Mr. Warner suggested that the rate of
interest should be fixed at 24 per cent. It
was impossible to sever the rate of inter
est from tho time the bonds should run.
If this bill were to pass he should bo in
favor of the amendment of the gentleman
from New York (Mr. Wood), though he
would oppose the bill.
Air. Wood suggested that for the sake
of convenience Ills amendment, coming
from the committee oil ways ami means,
should te, by uiiauiiiious consent, consid
ered as agreed to. If it was seriously in
tended to act on this bill, the hours should
not be wasted in fruitless aud unnecessary
discussion.
A REPLY TO GEN - , ALEXANDER ' consented to assist In tbe defense as far
__ as his strength would penult, he being tra
in Delation tat lie Proper Compenaa- We ^'
lion 61 Hall road Mlockltoldcra.
Office of the Railroad Commis
sion, Atlanta, Ga., January 4,1881.—
Air. Claflin objected.
Air. Frye thought that the question
might as well be met now 03 between a 3
and a 3| per cent. bond. A 3 per cent,
bond luujt necessarily run for twenty or
thirty years. Voting for a 3 per cent,
would be voting for a long bond.
Air. F. Wood thought the gentleman
was iu error in that assumption. He
wished to call the gentleman’s attention to
the report of the Secretary of the Treas
ury, in which he said that he believed’
that short time certificates, having less
than ten years to run, could be negotiated
at 3 per cent. He (Wood) thought that a
short time 3 per cent, bond could be ne
gotiated, particularly it accompanied by
some attributes whicli would make it ac
ceptable and desirable. He hoped tho
gentleman from Alaine, (Mr. Frye) would
not endeavor to have the House commit
itself to a position which was untenable.
Air. Frye said that he had voted iu fa
vor of a 3 per cent, bond before the recess.
During the recess he had seen a large
number of business men in New York,
Boston and New England, and he had
come to the deliberate conclusion that it
would be utterly Impossible to iloat 3 per
cent, bonds running less than thirty years.
He believed it, and he believed that an
attempt to float a 3 per cent, bond wonld
be disastrous. Tbe government had nev
er sold a 3 per cent. bond. No country
on earth had ever placed a 3 percent,
bond on the market at par, and he was
fully convinced that a 3 per cent, bond
could not be placed, and if Congress un
dertook to do it and failed, it would te a
disaster. He believed In leaving to tbo
Secretary ofthe Treasury discretion up to
34 per cent.
Mr. Keifer, of Ohio, offered an amend
ment to Mr. Wood’s amendment, so as to
fix the interest at 11 rate not exceeding 4
per cent. He believed that 4 per cent,
was as low a rate of Interest as bonds
could be floated at. It would be impossi
ble to sell the bonds at a lower rate and
have them maintained at par. A vote
was taken on the amendment and it was
defeated by 12 to 149.
Mr. Mills, of Texas, argued that it
would te $100,000,000 cheaper to let the
debt stand at 5 and 6 per cent, and pay it
in five years than let it run for twenty
years at 3 per cent.
Mr. Wood denied the proposition.
Mr. Blount, of Georgia, argued that the
Secretary of the Treasury should be al
lowed some discretion, and opposed the
rate of interest being arbitrarily fixed at 3
per cent. *
After further debate, the committee
rose, for tho purpose, as stated by Air.
Wood, of limiting debate, but a motion to
adjourn was interjected.
Mr. Wells reported from tbe committee
on Indian affairs the Indian appropriation
hill, which was ordered printed and re
committed.
At 4:30 tho Houso adjourned. ;
So UNViEESALLY beloved by all classes
in Tennessee is the widow of President
Polk, that “Republican and Democrat,
white and black, hlgh-tax and low-tax, all
agree that the Interest shall be paid
promptly on tho debt held by her,” which
is in tlie Slate bonds on which interest
due to other creditors has been defaulted.
I There arc no Indications of air or water
on tbe moon, it has twenty-eight moun
tains higher than Mont Blanc, that mon
arch of mountains in Europe. The moon’s
day is twenty-nine and one-half times as
long as ours. Tbe suu shines constantly
for fifteen days, making a temperature
like boiling water.
Gen. E. P. Alexander, Fleet Vice Presi
dent Louisville and Xashville Railroad
Company, Louiville, Ky.—Dear Sir;
Your letter, first received by us and then
published 111 tho Atlanta Constitution ot
the 2d inst., is intended to correct wbat
you regard a misconception of your views
contained in our second semi-annual re
port, attributing to you “tlio opinion that
0 per cent, dividends would be a rcasona
bio return for stockholders in railroads to
receive on their Investments.” The com
mission, having tbe highest regard for
your character and Intel igcnce,
would not willingly misrepresent
your views, nor docs your letter consider
them as so doing. Tho exact language of
the report Is as follows: “In tbo argu
ment of Gen. E. P. Alexander, president
of the Georgia railroad, before tho rail
road committe s or tlie legislature ami be
fore tho commission, he stated that 0 per
cent., if reliable, on tbe value of tlie Geor
gia railroad slock, would be satisfoctoiy.”
This language we believe to be entirely
accurate, conforming to the recollection of
two members of the commission—one
commissioner not rememberin'* the con
versation in which it occurrel, perhaps
not present during tho whole conversa
tion.
Other expressions in our report may
seem to be more general and not limited
to the Georgia railroad. If so, the founda
tion of our inference was given in tlie lan
guage quoted above. We regarded that
road as one of tho strongest in the State
and entitled to as good an interest as any
tUwr.HHMB
As soon as your letter of explanation
was received, Immediate notice was given
to the counsel, representing the commis
sion in the case tlieu pending iu tlio Uni
ted States Court, not to use your views as
authority 011 the question, aud soon there
after our letter to yon was sent, stating
that, in our next report, your explanation
would bo given. This letter did not
reach you beforo tho publication in tbo
Constitution.
From some of the views so cogently
presented in your published letter, wo are
constrained to dissent, especially from tho
last paragraph but one, by which the
publle is left, in case of excessive charges
by railroads, to the wholly Inadequate
protection of a return to wagons and com
mon roads." The points of difference wc
cannot discuss lit the papers,but will pre
sent with more fullness In our next report
our views ofthe principles involved in the
Important question, “What are reiaonable
ana just rates ?” W 1th much respect,
Yours very truly,
James M. Smith,
Campbell Wallace,
Sam’l Barnett,
Railroad Commissioners.
2. Before confessions can go to the jury
at all, the court must hear and adjudge
or a supplemental bill had teen filed.”
Thero was no error In allowing the
amendment.
(a) Where a creditor has obtained exe
cution against a bank which has been re-
wlietber they were freely and voluntarily turned unsatisfied, an amendment to a
THE SUPREME COURT.
Decisions (tendered Nov.27, 18SO.
At> idged for the Telegraph and Messenger by
Hill <0 Harris, Attorneyt at Law. JIacon.
G.orgia.
Delaigle vs. Denham. Equity, from Rich
mond.
To charge in an equity ca3Q that the
complainant must show the principal
poiut in dispute by clear and conclusive
proof, where tbe defeudaut denied the
right claimed, was error; especially where
tho answer ofthe defendant was not un
der oath, and discovery was waived.
Wilbor'n Compound of Port) God.JLt vor
Oil and Umo.
The advantage of tbU compound over
the plain oil is, that tbe nauseating taste
ofthe oil is entirely removed, and the
whole rendered palatable. Tbe offensive
taste of the oil has long acted as a great
obstacle to Its use; but in this form tbe
trouble Is obviated. A host of certificates
might be given here to testify to tbe ex
cellence and success of “Wilber’s Cod-
Liver Oil and Lime;” but the fact that it
is regularly prescribed by tbe medical
faculty is sufficient. For sale by A. B.
Wilbor, chemist, Boston, and by all drug
gists. lw
Freeman, executor, vs. Uigliam. Com
plaint, from Troup.
1. While one party to a causa of action
may testify as to a contract between him
self and tlie agent of the other within tlm
scope of a latter’s agency, although the
principal bo dead, the agent being alive
atul able to confront him, yet he may not
testify to mere statements oi the deceased
repeated to him ky the agent touching a
past contract between the principals.
(a) Nor does it alter tbe case £hat the
agent subsequently became the executor
of the deceased and a party to tlie suit,
lie was not a party to the contract.
2. The contract between the indorser
aud payee of a promissory note is dis
tinct from that between the payee and the
maker. Therefore in a contest between
the indorser and payee which could not
in any way affect the liability of the mak
er be was not rendered an imeompeteut
witness by the death of the payee.
3. Where one indorsed a promissory
note, to be liable in tlie second instance,
and subsequently became the attorney of
the holder in endeavoring to secure pay
ment from the maker, and ill a suit on
his indorsement pleaded a release from
liability, letters from him to his client
which were otherwise admissible were not
rendered incompetent, by the fact that
they related to an effort to effect a com
promise between the client and the prin
cipal debtor. To exclude them as relat
ing to a compromise it must be one iu
which the writer was interested.
4. The relation of attorney and client is
eminently one of trust and confidence.
Where the attorney to collect a debt irom
the principal debtor was himself liable iu
the second instance, the statute of limita
tions as to his liability ran from the time
when tbe debt CMlld not be collected Irom
(be principal ami when tin: liability ofthe
attorney was made apparent to the client.
(а) While the client was bound to or
dinary diligence to discover the insolvency
ofthe principal debtor, lie was entitled to
the diligence, knowledge and advice of his
attorney on tinit subject.
(б) The testimony stated in tbe second
head note was inadmissible for the fur
ther reason that it teuded to show the
bona tides ofthe witness iu bis relation as
attorney for the deceased.
5. A letter written by one party to a
suit for the purpose of effecting & compro
mise with the other is not admissible evi
dence.
■ 0. The published volumes of Supreme
Court reports do not famish the highest
evidence of the judgment of affirmance or
reveisal in a particular case. The remit-
tur is tbe best evidence thereof.
Harlow vs. Clcghoru. Equity, from Chat
tooga.
The assignee of a 11. fa. made the fol
lowing contract with the widow of defen
dant in fi. fa., who was claiming dower,
on condition she would let the entire
property levied on be sold; “I agree, as
assignee In fi. fa., Cadow, AIcKeuzio &
Co. vs. Jamc3 Ilarlow, that iu the event
said land levied on by said fi. fa. comes
to sale that Mrs. Ilarlow, widow of said
Jas. Harlow, deceased, shall have all the
lands may bring above $300 and twelve
per cent, interest from tbe date hereof;
also if said Clegliorn, assiguee in fi. fa.,
becomes tbe purchaser of said laud he
agrees to sell the same to Airs. Ilarlow for
$000 at twelve per ccut interest from date
hereof, due the 1st of January, 1877. I,
C. C. Clegborn,further agree if the $000 is
paid with twelvo per cent, from date, to
give her, Airs. Harlow, control offi. fa.,
and also to give her control of a fi. fa. af
ter sale, and tbe credit due entered there
on, if not assigned before. This Sth of
February, 1870.”
Held, that time was not of the essence
of tbe contract, aud that the right to re
deem tho lot did not expire on January 1,
187T.
2. Concealment of material facts may,
of itself, amount to a fraud, when from
any reason one party has the right to ex
pect full communication of the facts from
the other, or where one patty knows that
the other is laboring under a delusion
with respect to tlio property sold or the
condition of tbo other party, and yet
keeps silent. Code, §2035.
Jones vs. the State. Murder, from Rich
mond.
1. Where counsel who had teen repre
senting the defendant lu a murder case,
announced, when it was called for trial,
that he no longer represented the prison
er, and counsel then appointed by the
court announced that they were not pre
pared for trial, that, although they had
appeared at this committing trial by re-
qnestof tbe justice, they liad dismissed
tbe esse from ttelr minds, aud the evi
dence being entirely circumstantial, they
did not feel that they could do justice to
the prisoner, a continuance should have
been granted, although tbe former counsel
mat*. If he so decides then they goto lie
jury only prims facie as having been made.
Therefore where tiny are ruled in no
harm can come to the defendant from hav
ing heard tiie preliminary examination by
the .court. Aliter, had they proved ad
missible.
3. It was a substantial compliance with
the act of 1878-0, which provides that the
jury may believe the prisoner’s statement
in preference to the testimony of wit
nesses, to charge that tho jury might treat
tbo statement as they did tiie testimony of
any witness, believing it all, or part," or
none, as they should see fit, that it should
have such force as the jury thought right
to give it.
4. Where a case depended on circum
stantial evidence, there was no objcctiou
to couuscl for the defeudaut using iu ar
gument “Phillip’s Remarkable Cases of
Clrcumstauilal Evidence,” nor in counsel
for the State seeking to break tho force
and effect thereof by characterizing It as
mere romance or fiction. Tho court,
however, should not express an opitilou
ou tho subject, but should charge the jury
what principles applicable to the case
wore to influence and guide them in
reaching a verdict.
5. The court should charge principles
not facts. It was therefore wrong to read
to tho jury from a volume of the Supreme
Court reports of this S’.atc tho statement
that “juries are generally too reluctant to
convict on circumstantial evidence.”
6. In all cases of felony a cliargo tn
writing may bo required at the instance of
either party, and when so written out aud
read to the jury, it becomes au office pa
per, is to be filed with the clerk, aud shall
be accessible to all persons interested ii>
tho same. If a written charge Is not re
quired, it is no ground of error that it was
not written or tiled.
Judgmeut reversed.
Equity,
Walker et al. vs. Walker et aL
from Burke.
2. Where a testator directed by will
that certain slaves should be transported
to Liberia by his executor, and that all of
bis estato should bs converted iuto money
and invested for Ikoir use, and pending
caveat to said will tlie executor, in 1857
or 1858, loaned out tho money to good
ana solvent parties, and a court of equity
decreed that the funds should be invested
iu state or municipal bonds.
Held, on suit by the ces'ui quo trusts
against tho heirs of the trustee for an ac
count, it was competent to show that the
funds were so loaned pending tbe caveat
and tho failure to collect by reason of the
war, stay-laws, etc., au illustration of tlie
bona lides of the trustee.
8. When 011 the trial of such case the
statute of limitations of 1809 was relied
011, it was error in the court to conclude
tlio question of fraud and corruption in
the trustee on any given state offsets, but
he should leave such conclusion of fraud
and corruption to be reached by tbe jury,
arising out of the facts shown aud the law
applicable to them.
3. If one Laving as a trust fund promis
sory notes on good aud solvent persons in
October, 185S, was directed by the decreo
of a court of equity, when collected or re
ceived, to invest iu State or municipal
bouds, fails to so collect and invest in
;ood faitb, but in 1S03, by order of the
udgo of the Superior Court, invests the
same (being collected in Confederate
money), without fraud, in Confederate
bonds, bo will be protected under the act
oflSCff, against all who were sui juris in
1870, or became so nine months and
sixteen days before instituting suit there
for.
Green & Co. vs. Jackson & Co. Attach
ment, from Richmond.
Green & Co. contracted with tbe city of
Augusta to construct sections 1, 2,3,4,
and 0 of the enlargement of the canal. It
was agreed that the engineer in charge
(who was in tbe employment of the city)
should in all cases decide the amount or
quantity of the several kinds of to be paid
for under tbe contract, and the amount of
compensation to be paid therefor, and tbat
his estimate and decision should be final
and conclusive. Prices were fixed by the
contract (or different kinds of work, and it
was especially agreed “for hard pan aud
net excavation to te classified by said en
gineer from 40 to 80 cents per cubic yard,”
iu additlou to other prices, at the engin
eer's discretion. When completed the
engineer shall classify the same in writing
under his hand together with his estimate,
etc.
Green & Co. sublet a portion of this
work to Jackson A Co. upon tbe same
terms as are provided in the original con-
tract; the manner of doing the work to be
under the direction of the said eugiueer—
the amount of work to be estimated
monthly by the engineer, and upon his
estimate Green & Co. promised to pay
monthly that amount, Iv.-s 20 ;>or cent :
1. Held, that Jackson A Co. were bound
by the terms and stipulations cf the origi
nal contract between Green A Co. and
tho city of Augusta, and by the decisions
and award of the engineer, prima lacie.
2. That the award of tbe engineer was
binding on the parlies except for fraud,
aud before Jackson A Co. could annul tbe
same ou that account, the cUy of Augusta
and Green & Co. should be parties," and
the evidence should show that Green A
Co. were connected with such fraud.
3. A declaration in attachment founded
on the award ot the engineer cannot bo
amended by alleging that the award is
fraudulent, and seeking to set the same
aside, tbe same being a distinct cause of
action ex delicto..
4. When during the progress ofthe work
Jackson & Co. were acquainted with the
facts which they allege constituted the
fraud,-and had the right under the con
tract to give up the work, but did not ex
ercise it, and continued to do the work
and receive the pay on the estimates of
the engineer, according to the agreement,
each month, this is proof of acquiescence
in the correctness of the award.
Judgment reversed.
The Southwestern Railroad Company vs.
Singleton. Case, frein Talbot.
1. A railroad company In this State,
providing sufficient trains and cars to ac
commodate all the traveling public over
its line, has tbe legal right to run special
trains over its roau for tho purpose of car
ry .ng provisions and paying its employes,
and to prohibit any person from traveling
on such train, and if plaintiff entered a
car attached to the same, knowing its
character, without the consent of the cor
poration or its agents, he becomes a tres
passer.
2. If injury fs sustained by such person
whilst *0 wrongfully upon such special
train, ilio fact of being 011 such train will
be an element in determining his pru
dence and want of care, and the liability
ofthe corporation.
3. If one enters a pay-train for the pur
pose of riding thereon, aud by the rules
and regulations of the company passen
gers were not allowed to rido on such
trains, it would be his duty to leave the
train as soon as he prudently could, when
notified of such rule.
4. It one leaps from a train of cars mov
ing at the rate of fifteen miles per hour,
on the advice or concurrence of the con
ductor, his right to recover would involve
tlie question whether lie prudently used
tlm only way which the rules of company
permitted him louse, and aUo his reck
lessness and want of ordinary care, for if
by the use of ordinary tare he could have
avoided the injury, the company would
not be liable.
5. Where tlie damage alleged was the
breaking of the leg of the plaintiff result
ing in permanent injury, aud the plaintiff
being twenty-one years of age, realizing
fi-om $200 to $500 for four months, and
being deprived thereafter of employment,
verdict for $14,833 is excessive.
Judgment reversed.
Merchants' and Planters’ National Bank,
ct ah, vs. The Trustees of the Masonic
Hail. Equity, from Richmond.
1. Under sect ion 4 IS l of the code, which
provides that “No supplemental bill need
te filed iu this State. All such matter
shall be allowed by way of amendment.
If new parties are necessary by reason of
any matter thus set up in Um answer or
by way of amendment, tbe court shall
give such direction to tho cause to secure
a hearing to such parties as if a cross bill
pending bill against the bank to reach
equ.table assets, which sought to require
tbe president to account for assets iu tua
hands so far as to pay tbe debt, was not
without equity, and was properly supple
mental to tlio original bill against the
bank.
(b) Where a national bank goes into
voluntary liquidation, thus severing Its
connection wtth the United States gov
ernment, it becomes subject, to like pro
ceedings as domestic corporations, and if
its president bad and held a fund liable to
tbe paymeut of debts, a court of equity,
at the instance of a creditor, could reach
and appropriate tbe same to the payment
of an outstanding judgment.
2. That tbe secretary ofthe complainant
committed a felony in hypothecating the
bonds to the bank, foi the conversion of
which the judgmeut against the latter waa
obtained, did not necessitate a prosecu
tion on tbe criminal side of the court aa a
condition of maintaining the bill. Tbat
question was concluded by the judgment
in the trover suit. But if not, the rule
would be entirely inapplicable
to tbe questions made by tbis bill between
complainant and tbe bank or Us presi
dent.
3. A proper amendment does not post
pone, at law or iu equity, the trial term
ofthe cause. The matter of giving time or
ot continuing rests iu the discretion of
the court.
4. The reference of such a case as this
to au auditor would have, been fruitless
and manifestly improper. It involved no
question of account between the litigants.
Willingham vs. Field. Afoney rule, from
Gotdou.
Defendant in fi. fa. wa3 tho owner of a
large estate, but was much involved. HU
two largest creditors, one of them by
mortgage, agreed to let in his property at
marshal's sale, manage and sell it, settle
his debts and pay over any surplus to him.
He filed his bill against them alleging
tbat all of this had been accomplished,
aud praying an account, etc. Tbe litiga
tion thus Inaugurated resulted in a ver
dict for the complainant against one ot
the defendants for $0,951.70, that he set,'
tie witli the other defendant out of the
land notes if not already paid, and tbat
certain debts, including the mortgages held
by tho other defendant be satisfied so far
as complainant (the defendant in fa. fa.)
was concerned. It was decreed accord
ingly. The defendant whom
money verdict was found moved for a
new trial, and hD motion was sustained.
The other defendant neither joined in the
motion nor has made any of hU own,
though tho decree was rendered in 1873.
Held, That tbe decree was several, tho
one defendant not being affected by tbe
money verdict against tua other, and the
latter not being injured by tbe satisfaction
of the mortagages held by the other.
Therefore the decree is still ot force as
against the defeudaut not moving a new
trial, and his mortgages cannot claim the
proceeds of the property formerly covered
thereby as against a junior judgment.
Judgment reversed.
Jordan vs. Carter. In error, from Lee.
1. Where an affidavit of illegality, al
leged on oue ground that the court had no
jurisdiction because the defendant did not
reside in tlie county,and in another ground
that a bill had beeu filed seeking to en
join the levy, aud tbat the application for
injunction had been set for a hearing .be
fore the chancellor, by agreement with
the plaintiff's attorneys, on a day beyond
the day of sale.
Held, that neither ground was good.
Judgment affirmed.
The Central Railroad and Bankiug Com
pany of Georgia vs. George T. Rogers
A Sons. In error, from Bibb.
1. Where two disinterested persons on
the oral request of both the owner and the
railroad company, made a survey of dam
aged freight, a report ou tbe same, hut
tbe effort thus made did not result in ad
justing the dispute, and a suit was after
wards brought to recover the damages, the
report or finding of such disinterested per
sons was not admissible Iu evidence,at the
instance of either party,over the objection,
of the other, even though made In ■Wilt
ing, aud even though it had long been the
custom of the railroad company, and its
custom at that place to adjust such dis
putes iu that manner. (
2. Where a railroad company received
goods and carried them over its line from
connecting road, such goods are pre
sumed to be received “as in good order,”
within the meauiug of section 2,084, of the
revised code, if nothing appears to the
contrary.
3. The principle of liability, fixed by
section 2084, applies whether tbe goods
pass over all the" lines on tbe same car, or
at any terminal point, are transferred or
loadeu front tho car of one line on to tbat
of another, and it makes no difference
whether the goods go all the way on the
same bill of lading or how often new ones
are substituted ou the way.
4. Iu this case the evidence was con
flicting as to whether the goods were
damaged in the hands of tbe consignor
before shipment on tlie Initial line, and
that question having been fairly submitted
to ami passed upon by the Jury, and the
judge who tried the case being satisfied
with the verdict, this court will not Inter
fere.
5. There was no error in allowing the
amendment correcting the mistake in the
name of defendant’s corporation, espe
cially after defendant had appeared and
pleaded.
Judgment affirmed.
HOLMAN ’8
PAD
Cures
Most
Setae. lfLAJ\ tion
The Only True Malarial Antidote
Da. Holxam’b Pad it do cum*• work rtiaeJr—
no fveole imitative eiDOiment—no partoioftd
bodjen-podge of some oth-r inventor** idem; tlio
tho Ongiuel Bed ouly GKNUlSM CU&ATlVJd
PA 1\ tbe only remedy that has aa botvwily *c-
quired risht to use the tit!e*»ordl “PAlP* ineoo-
>e-tio’i with •» tr*»tment for chroeDe it ir tie in of
tii** Stomach Liver and Spleen,
By n recently perfeewd iajp.<-reaient, effected
hr 1 * - kdoiliasi oi ret?* table m*redt6’.ts of newly
diicovertd remedial value end sbccrpiive stftpt*
Ability, l»r. iioimin h-n pert ally tin
scot>** of th» I'sJ'a u tiuitMi, and e^preefafcblj
(taunted it* active curative power.
1hi«|trr*t iroproveu.*nt give* HOL¥AH*f
AD (with its adjuvant*) oonp eie »nd nnfsiluv
control over the most persistent sod ur.vieid
intc forma of Chrome Digest's ot the dtowsco
Liv»*r.fcs *wlsrisi Blood-poisooux*.
HOLMAN'S PADd have cur»<l. sudsredoil
curiuk. diM*s.sesoi *0 Bisy J kinds. Out tbo iiskit
nuh iLternemsble. U includes Mslsris
Po;mhv r-f every tyoe, fw-m Aching Bonee on
Low Fevers to Chills and Dm tub Ague, M
A :ti D18HAMK?', such as Dyspepsia, Indiges
tion Sour Stomach Chronic Diarrhoea, Flatn
Uncy. Heartburn, etc etc LlVBfi DibOJt-
DkhS l\k Biliousness. Bilious Colic, Danger,
oue Fevers Sick Headache Pains in the aide'
Bi ious Fevers. Torpid Liver, etc . etc.
do-v tins mu.hi.v Temeiv justify the coun-nt
Profe.M r I oo*sih* biyh encomium : 'It is Dearer
a Umver al Pansce* than scything la Medi
cine I"
The sarctss of fl-riman's P*d # b*i impired im
ita’OTs who oft-ir Pad 1 similar in Fora sod Odor
to tho genuia * Hoi o*n Pud. Beware of them
hocus ar.d imitation Pads gotten up otdy to seO
or* the reputation of tbe
Pod.
Raeh wrtuine H^imsn '
R^veiiu* Starno ot th* tj
NY. wuh the abov*
•rteii.
FOaSALB *Ti
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Or sent by moil, post-1
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ftrtShi*Kul.is«ta Lineolniww
litMOI.
O E'laoiA. 1HMB U)UfcTY.—Eeros* HoUo*
man. rrsidtuc in the Htete of Georgia* ksv*
i i* applied to be appoia'^d suardifta of 4hc Mf*
1 maud proiM'ityof Juba Ball Jar ns, i niftW
urd*r fcurtfvn of ege. resident of Mi
coon tv, tint is to ciU) ell persona concerned to to*
«i:d ai>p»M st ths larw ol tbs Court ot OHlssfl,
to lw belli usit »t'cr tbs eiplrafloD sl twaotjr-
e «bt trow lbs first pcl-Iictiou ot this DO-
I'm. (to *ll. first Sttutr in Fe s m«T ottl),
sn l ►now esuto. it any tfcry c»o why saw Bar
net R'lUoinsn ah uld not bs.iutrutsd »Ub ttfO
t .*ni taoshlp ot tin pen 00 sod pvapttV ol lolls
Ball Jarvis.
Witness mj official stoiwtoss.
jusul* J. a. Ncvurus, Ovfiisary.
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