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JOURNAL AND MESSRNG-ER.
THE KAMI L YJO URNAL—NEWS—PO LITIGS-ILITE RATURK—AGRICULTUB
ESTABLISHED 1S26-
MACOK, FRIDAY, 1 FEBRUARY 11, 1881
STIC NEWS, Etc.—PRICE $2.00 PEB ANNUM.
QB0X91A TELEttBATH BUILDING
VOLUME LV-KO. 0
Wabbixotox, Feb. 4.—Cons safonal
malters since my last, Lave not keen of a
particniarly intemllnj cta r ac.er. Cox*,
speech on the appo .'ootneni blll : rcpoVled
by him from the census coiDtr'iee, ia
about the only break fa the moro'.a *y of
routine business. It was an eOtoeeCnsly
able, eloquent and instructive effort, and
was heard with close attention by a very
ioi) house, which heart'iy r.pp’audcd t he
speaker at Its condus'cn. There is, how
ever, every reason to believe tbat
Radicals will uot agree to bis rone rs J c
as to the next congressional appp-t’o
xnent. They want to fix that ma le.
know what it was all about, andhow they I I have, sir, been criticised, together
said it, I am going to mutilate the Ite.erd I "J. ooll e ®3 U88 w ?° as*! 081
intTa.il . « .. I that resolution,by the ultra paillsan press.
to -he foil cz entot tepoi.ingtheoi v'roa-, ii..t those criticisms were not rtimwilelvtr
lepor.iugtbein t^roa-, But those criticisms were not due solely to
Urn. The mater under discussiou was. he fact that we voted against the resol u-
the Senate ronca rent resolution In refe - ’°*» hut also pe-baps !o the fact • bat we
ence to the mee tog of the two houses on p f« ,, S Q „ E ? eU wi
_ . . _. . . ' _ . . in* he Empte S'ate of the. Son a. We
Wednesday to count,be votes for Presl- we e right, and I sumd to that vote, and
dent and Vi,*e President, and Hr. Felton 11 find now, if I mis; alia not, that a'l the
j a tj; i Democracy he.e are stand'og shoulder to
I have one very serious otjeci-oo ,o .he ' f^S p0n ,he 8a3!fl oa trL ‘'* W8
resolution now toiler cons'de a; ion • u. (*ooV_«v rolfon-nn exr- w»h„„\
SSSL'JXSZtiUSi
UIIUB Uic Cl'iJ.O BC’ UUU BCC. lUll SUUUIU US • 1 nr -l,„ Ufa a »,f r_ •vx-_
'oueltion 6 Ht that con/cutoff the S,a,e
some day In iJs^emenf might Lrolro j
suitt iou- own partisan pa.poses, ?>-d rvMl, the peace aod 'he ve>y existence of this ■ amCQll ? ient > f on ? ‘ D M hoa . to 111,8
tlierefore, endeavor to throw the MU over '
into the next Confess. Tbeir object is
to prevent, if poss'ble, any
gan In icpiosen alion to the Souili;
and also to make occasion for sending
packed committees' of 1nve3.iga.ion all
over that section to listen to negro lies out
of which to manufacture political capital
for the next election. Jt Is to be hoped-
they will be foiled in this scheme, but the
evil of Democratic rbsenteeism has grown
chronic, and there is no assurance that the
apportionment will bo made this session.
■ In tbe Senate there was some rather ia-
IZKu? a r ,11,n e L zrs: ”0 has ever been 'to ed noon her sla,'
fnn ^inrin ,~nni .^ni'niinn 1u ' c ocuk in «» raven. on of i he power aUL
horily of ibis gove cment. lne:eisbut
frf* ,T?!7rV b,0P ’ b one olsloyal man in mv o v5 .e who dentos
ihoriUes[cast its elec.oral vole ou a day ',‘ ,0 ' a ' i0lK f of f b: ? L'o^ uujear.aud he is
^*T* |l r:.. .r?"”.!! 1 . 'T .. um » idMi.MMWaad aMess auvocaio woom
unknown to,he law. ib.squeauoiimivi ^„ :i , mau ;e o ceoiii- the seventh
aeJy some day. When
ever its decision w!*i au-cs the final result
the whole rooo ty *w’»l demand a final
solution of the diltieii"y, and its decision
at such a cri.i-al ju.ic-ii.e in the affaire of
the nation would, 1 rejieat, hazard tbe
peace and exisieoce of ;be goveromcm.
Parlies wouid be ei-led, political passion
(.cresting talc yes.e-day by Doubling, ami J uncurbed by reason or law would madly
one ortwoothe;s.on:beJJoigaore!a.'iii»on I demand tho counting or rejec : ionof such
declaratory against Hie right of the Vice ; a vote as cither cou.se might affect iia
President or President of the Sena, e io ! favorite candidate. Compromises might
count the electoral votes. Ccnk’iug was
insolently sarcastic and offensively imper
tinent in matter and manner as usual, inn
his argument was also, as us iel, a
stone wall or logic, force and dir.-X-
ness. Re declared that ibe
Vice President had no more right to count
and declare the vote than H e so. giau -,
at-anns of the Senate, le-aOirmlng and
strengthening, if that were possible, h’s
argument in'
be forgotten, the ines^mable value or
the government lest sight of, and
the sword invoked as the only a-oiier in
such a controversy. Cases in which volei
were rejected have oc.uned several
times. That is, voves of doubtful valid
ity were s>mply lad aside, as this joint
rule proposes to do. Foi.uuately, t he >e-
sult men, as now, was unaffecreu by this
Indefinite actioc. Oathe o.-casions re
ferred io there were some apologies for
dist ict (Mr. Fcliod) h is. Re is -'bo only
Doi’. bou Democrat in the iiia e. Ho uc-
nouecis .his gove omen, aud everybody
who does not kneel down and sunpo., the
houorab'e geotleman, my colleague from
the seventh distilrt.
The people of Geo gla are loyal io il'ts
gove.umeuu They recognize fu'ly ,be
power of tbe gove.ooient under ike’ con
s'' I'l'on, aud there has been
no act of the J,o_,«!»•'.are in op-
pos'.inn io 5,; and no paity of the Sla.e
of Geo g’a, no man except one, a special
ad.o iwo au*l f ieod of my colleague (Mv.
Fs'ton) defies Ja any manner whatever
iiiepowe: aud autiio ily of -his govern-
men .
As regards the rime whoa-he cie.i orei
college met, our Gove cor made i be same
mistake as the Preside!", d-d when he ap-
po’oied tbe Secretary of War io act as
8ec c,sry of tho Navy for ieu days, and
Brenmg for Toitr Dogreea Below
' , Zero.
Pro,* tie Cleveland,Lcale.- J ..
I imagined I was warmly clad for upper
Minnesota and Dakota weather, until the
engineershowed me what he had on. The
list ofclolhiqg that made up bis attire, in
the order worn, as near as I can remem
ber, figares up as follows;
Oao red woolen wrapper, heavyqnalily.
cuBBEsr onsio.v.
ity.
Guo white woolen wrpper, heavy qual-
Titonatv'.lla timet.
Farmers,. stand. honestly by hog and
hominy. They are tbe mud-sills of do
mestic tranquillity. No other founda
tion is so good. It never gives way. —
St. Louie Ohio Democrat.
Although we do not pretend to know
the names of Garfie'd’s cabinet, we are
able to give a hint to tbat large class of
citizens who would like an office. We
ifacklnaw blouse, vety
argument in'the same line during the lerreu to mere were some #poiog es rer «^»- n f 0 r ten davs. un it he found when
vintei ofltfitf-Tf. Hoai, of Mass*- Ire- I the failure to elect anonliug to law. Dc- hf, at.anlion was called loitbyilie At-
MUs, Joined Coukl'M in voting wirii tbe «UlSUUttJon, nevr Sia.e vons.itm.oos and . oev-Generel. Lhat he was exceedioe hia
Democrats on lids line; Wl.-.us, of Ms- oilier causes afiorded some excuse for the
rylaud, standing' soil'ary *ana atoao failure. But. now there is no reason sav-
aga-nst his Deraoe, allc rot leagues In ui#(o- iuglbe ignorauceorpeivetsi-y offs, ale offi-
taming the It ad i eat view or the case, it | dais for Ibis goat wrong against the peo-
*s now tkaught the Mot gan veroluilon will | pie of Geo gia. For I asset i that tbe
pass bolli Rouses ea-ly next wee!:.
DAVIS ATI) MAHONV.
There is a growing hope among the
Democrats that these nvo gen; lempii w : ll
yet gel down on the Demcr. atic side of
the keuatoiial fence. At least this is
this latest speculation, and I noin-q
that the Balrimoro S, .fa Wash
ington conespondeui, who has
exceptionally good opi>oiioui.y for know
ing what is going on iu llm north wing of
the Capi'ol, ‘•feels autiio, ized to t \y, on
the best of in<*orm«*. i ah ; ,tliat ,'uilge Davis
will certainly stand hy tho De -rec-atic
organization of Lho Sc:'ao,” an'’, riiat the
ceiiaiuty that Malione will do the same
4, is almost.if not qutte as streng as in the
case of Judge Dav is.” If la's slioublp-' >ve
to be tho case, the Radical*, who have
been licking their chops in auric' ariou of
regaining the fat things they lostiwoye.rs
ago, will have the dry grins,and my f- ! eud
Jim Banks, of Atlanta, wilt he happy two
years longer. Jim Is clerk of Mr. fl'H'a
committee, and I will back him e»en
agaiust Joe Blackburn for a thorough
appreciation of and eutlius’aai.'c fondness
lor Washington life. Come to think of
it, I am somewhat on that line myself, and
so is pretty ncaily everybody else who has
triedit.
By the way, the mention of Blackburn's
name reminds me that be has rece.'Hy
submitted a plan to cure the evil or ab
senteeism, and the committee on. aler, of
which ho is a membe., now lias it under
consideration. It piovides that ritee'etk
of tho Rouse shall keep a list of those
who fail to respond to the 10U call din ing
the week, and that on eveiy Monday
the name of every member who faded to
answer to the call shall be published
in the Consresniotutf Record, rogether
with the number of times he failed to re
spond.
TH* AXE
has been qtiUe burtiy at work in the Post-
office DepaumcotsinceMaynard ie.it tied
from his uusui’cess.Jl laid on the Tennes
see Seuaioisli'p. About a dozen Demo
cratic heads have reded in rite basket,
most, if not all, belonging to Tennesse
ans who had been put iu by ‘•erring
brollier” Key. Jlavna.d has mote bile to
tho square inch of liver then almost any
man you can find anywhere, and that
back-set in Tennessee has alit-red it to the
dregs. Jt is also announced that he will
not stop until he lias completely ‘'needed
out” the dep?• • men., iu which case some
Gen gia boys w-‘l come to grief. Such is
ofilcial li.'o i re with Dcmor-als. A'ter
they get 'u they t. o hi consiaat le.ro: of
being “yanked” otit. The saints, of
coui-se, object to a.ivbody but themselves
failure of the e'ccro t .o meet on the dav
prescribed by tue Federal law to cast
tbeir vo.es inacco>dance with tbe ;>opuUr
vote of tbe Sia e is au unnardouab'e out
rage upon tbe right of stiff-age. It sets
aside the vo os of all its ciii reus. Jt dis
franchises the Stale of Georgia.
Mark you, it is not tbe law tbat dis-
'mncbiscs; for that makes provision
wbereuy every mau's vole iu that pop iJar
election might have been effective in
making up the result in the State. It was
the actiouof Georgia’s oJiciats that is
now about to set orido Georgia's vote. It
was t he ignore a e or pei veisity of Gcrfi -
gia’s execul'vo tbs- is now d’sfreocldsing
our State. Io tbe ranie o’ tbe people of
Georgia, I protest that they were not aud
are not responsible for this failure to
comply with the supreme law of tbe
Uoi od States fixing the day on which tbe
ve'e shor.ld be cast.
-'ribe people o?Gcoigia are, aad have
lieer ever since '.be la’-e civil war ended,
jietfectiy lorol to the goverumeut. And
I assert most posiri'/el.v that where ( here
oey-General, that he was exceeding his
au.bO'i y. " , . '
Mu. ilAMMO.VD, (of Geo.gia;—I de
sire simply to verify a statement which I
made horn memory while my colleague
(Mr. Felton) was upon the floor. I will
read from the code of Geo’g : a o! 1801,
which by Jaw took effecron the Is. day of
Jaui'a'y, 1802. Section 1232 of tbat rode
is in these wo.ds: '* '"
‘•On the twentieth day afrer said elec
tion shall have taken ii'ace it is the duty
of the governor to roosolldftih the seve ai
ietui us and itninediately noriiy loose per
sons of tbeir eleci ion who have received a
role amounting to a majority, and ;o re
quire tbeir atiem auco at the cap'iot on
he first Monday iu December 'liereaiier
ro cast the vote of the Siale ou too Wed
nesday following at 12 oVIoci in.”
By a «a.e!e-s rouiprialion that go’t in o
the code of 1SU2, f ad. ’.'V ovo ■*. igb. UVso
got imo tho code of 1808, ami l a tlu* way
misled tbe parries. I w.sii notif ro m a-re
one o.asrqaottt'ui "out eve"v oonsi'ia-
lion of Geoigre- e -~e .ttoat w •'c'u a •eh*u
during tbe wa -, to vow her loyr -iy ro
tbe laws of the Un'cn. (I o. ole • om
memory, bill am cc. re. i as ro .ue ta .
Tue laws of foro-e in tris ri;.iio s'.*all
I be as follows: The roc .. 'ou of he
ere Federal and Stale laws confiicring in
regard to Federal elee’ous, (be Federal
law is supreme. (Applause.] The great
mas: of tho people desire full and pe feet
conformity to ail the laws of the Federal
Union. This failure to cast their vole on
the day required by tbe Federal Jaw is
not the act or the wish of the people of
( cotgia. They are p. epared to announce
U'dred Staesa- the S'’crei!;i law; as
next in o -de ,' rea «*s » j s.a r.tss r the
Un'led Sialcs made a -U - -ctcdp'i ant
.osafd. ••>ns» : .turioi<; rs •■•••; nc.dc, the
couslitu 'o;: of the ii-a an.! under
.hat (lie statutes of fadd Stale c"Gc.tgia.”
Allow met. mrrie roriic rcv> i*. I
re^-.ei that my ivlvague f a Crec gia
(Mr. S;ieer) shoo'd r. ejg-i the rest of us
lo alUhe world that the oid ideaof “Siale '‘»® lil l ' ?s Slale sue ot .us party, for au
sovereignty” ove- .'ding Fedetal laws ■ alleged derelution .a duly, la order to
touching Federo! elections is au exploded J* 181 '^ what some have thought to bo his
- - - - o'BioiiBn 0 f p S ,;,y feally. ft may be»
doctrine. [Applause.] I am opposed to
counting llie vote of Georgia, aud at the
same time I pretest agaius. '.lie ignorance
or pervers’.iy by which I he people of my
State have been deprived of their vole.
Slate have been deprived
[Renewed applause.]
Now I ask, Mr. Sneaker, as my rime is-,., . , ,
onmbe privilege reprint just a few more ppaden-is a-.ways .;,ht and evc.ybody
.......i-.* or* Jso is wrong, toqooie a declatal'ou ftom
violation
subject of'-ongrauilation to bim tha. iu
liis estimation now the tail wags the dog.
Let it be so.
I desire, however, a* 1 am in tho line of
queriug authorities, in reply io tho sug
gestion of the gentleman tbat tho inc'.e-
One skin shirt, close and warm.
One red woolen wrapper,heavy quality.
One red woolen wrapper, heavy quality.
One red wooleu undershiit, heavy qual
ity.
One blue
heavy. .. i x • ,
Five pairs of heavy flannel drawers.
One pair of Mackinaw brsechesk
Two pairs of heavy woolen stockings.
One pair of German socks/
One pair of arctics.
One heavy far cap.
Two pairs of warm-liued gloves.
One pair of mitteus for out-door emer
gencies. .
“You must believe that it is good policy
to dress warmiu this climate, 1 ”1 remarked
to the well-clad engine driver. !
"I do,” was the laconic reply.
Then, after a minute had elapsfed: “I
was formerly an engineer on the Michigan
Central railroad, and I wore simply an
ordinary amount of underclothing, but it
won’t do up here. It looks nice enough
outside,” meaning tho clear atmosphere,
‘•but you’ve got to dress waim for Jt. If
yon do that you’re all right. I can al
ways tell a man who comes from the Fast
by his dress;” and the engineer glanced
compassionately at my Cleveland gar
ments. . ! •
“Now, leather,” he continued alter a
little time, “is not good for much np here.
It won’t keep your feet warm, aud you’d
freeze your feet with leather boots with
out rubbers or arctics. See what wc
wear.”
The speaker drew from his box on tho
tender one of the German socks I have
referred to. Ittoonsistedof a - very heavy
single piece of woolen, warmly lined,
made to fit the foof. and ..envejop the leg
to about the height of a pair of boois. It
Is drawn over one or two pairs of woolen
stockings, and keeps tho cold out much
better than a regular boot would do. .The
socks are too heavy and cumbersome to
wear with boots, aud are in any event
much wanner with arctics or rubbers.
They should be removed from the feet tho
Instant one enters tho house, and a pair of
bools or heavy shoes substituted. The
Mackinaw garments consist of cxl-.-a-
ordlnarlly heavy ant coarse woolen,
and are especially convenient, be
cause not occupying a* much
are told on very good authority that any
one applying for an office bn fore March 1
will be rejected on the ground of excess
ive proviousness. Persons who apply af
ter March 1 will find all the offices filled.
Sp-yagjleld Republican
Beal est ate is rising iu value in all parts
of the country, not to' much in tbe Income
to be derived from it, as in the market
quotation. This is, of course, the inevita
ble accompaniment or low interest. A
home which rents at $000, for instance, is
still to let at the same price; but this in
come represents now a much larger sum
in stocks, bonds, or governments than it
did five years ago. Tbe increase in the
ratable value of real estate is accompa
nied by a largo jncreaso in building opera
tions.”
Aut/us'a dron'd*.
There is plenty of mischief and folly
brewing at this time by some perturbed
spirits; aud if tbe Democrat ic paity of the
future is not better led than it has been in
the past, its glory will depart and its dis
solution be threatened. - Never was there
a time wiien its Uue principles were more
ui-gentiy needed, anil when led by wise
statesmen its victory is not at all a prob
lem. In starting his poem, Byron said he
wanted a hero. Wo Democrats want a
leader and want h‘m sorely.
DicZr.por:', Ditpclih.
The crowning act of usurpation is, how
ever,to be found in the claim oi the Presi
dent of the Senate to count tbe vote; t hat
is, except os the mere ministerial officer—
the mere servant—the mere hand—of the
two houses, and counting in their presence
as organized bodies, and therefore by their
advice ami consent. The framers of tbe
constitution were masteis of the English
language. They knew how to express their
meaning in words. And it is impossible
to conceive ;that if they had intended
the President of the Senate to count the
vote3 they would not have mado the sen
tence above quoted end with the words
“count the votes,” aud the whole sentence
to read as follows :
“Tbe President of the Senate shall, in
the presence of the Senate and House of
Representatives,open alltlio certificates
and count the votes.” ' . ;
St Louie Globe-Dcmo-.ral. ; *-
The utmost strength of tbo drish [tarty
in Pat liamunt could only delay tho pro-
«nt. on their investment in mills at the
South, as compared with 8 per cent, on
Northern mi it stocks. We believe that
where the same amount of enterprise and
energy is bestowed in each case, a greater
difference than 2 per cent, can bo made in
manufacturing at tho South over manu
facturing at tbe North.
Philadelphia Trete.
Dr. Curry is a Southern man and
knows tbe South thoroughly, bat be Is
also a man ot great learning, wide expe
rience as a teacher, ripe judgment, aud
progressive yet conservative. As one of
the foremost Baptist preachers in the
country, the head of one of the leading
colleges of that denomination, and one of
theeailiest Southern advocates of free
public education he is widely known and
universally respected. Although a Dem
ocrat and an ex-Confederata, he has ex
erted a powerful influence iu the revival
of the sentiment of nationality in tbe
South, aud iu his own State eujoys alike
the confidence of both parties ami both
races. The Peabody fund bas done great
things already, and in such bauds its use
fulness ought to be vastly extended.
The Wealey Memorial Volume.
r •“ SS ceedings of tl.at bot!y for three days, and
£ JEB4L *¥. required i t !S 8a ? e to say tbat no future attempt
by buffalo or fur clothing. It would be
-quite incouvenieut to wear lh» l*u.erin
miming a locomotive. Mackinaw mate
rial is of different colors, mainly blue and
red. Sometimes Ilia two colors are em
ployed in making round caps, which,
worn with full suits, give tho owner a p!c-
tu.csquu and almost military appearance.
Nea.ly all of tho tr. ckmcn whom I saw
be.ween St. Paul s i.. Fargo, engaged in
shoveling snow, pu.
aud other work, we.. e.i in this style
and gave mo ihe !ir sio i tlm their
bodtes were aswami . s toast, although
ice formed bn their ?. rikeis and mous
taches with every breat i.
np fuiiire attempt
•.v.'ll be made ,0 right the wrongs of Ire-
remark*.
Tbe Speadec— 1 The gentleman from
Georgia asks unanimous consent to print
having a pi'H at the ba^act* ila’most
further remarks.
Mr. (JAiiLiSLS—Before ihat consent is
granted, I desire to ask tho gentleman
from Georgia a question.
Mr. Feltox—Cetlainly.
Mr. Cahusi.e—Whether he means to
convey to tbe House the Idea tbat it was
tho intention of the Legisla' ure ol Georeia
by the passage of the law under which this
electoral vole was cast to defy tbe author
ity of the general government, or whether
it was a mere mts.ake or oversight?
Mr. Feltox—It was not—
Mr. Carlislj:—Very well then.
Mu. Fe‘/:ox—It wes not, but 'he Leg
islature was in session nearly a month
makes them bin st with rage To sec a hun
gry Demount tiljing his buag.y i toms'Ji.
Some of them are so W.;er t’atibeve'y
thought of an ex-rebel a d Democrat hal
ing even a li'tle sop up at the cuptvol
neaily chokes ihem. A g eat many of
tills class *>o women, J who a e far mo e
malignant than the men. I”they fee! as
many o.'tbem talk, they would even now
set up the gallows ad ove- ihe south and
lin’g men and women ali o oi'di dev’i-
ish batff and savage .'eroci.y I hate never
known as some of these ca u.es feel to
wards the South.
AT.L BOATS.
Some people have all the lock. Hero
is the Hon. John S. Ba.ix>a.', of Alexan
dria, member-elect of the next Hocto.and
iust ciixsen president of the Vliginla Mid
land railway, under its new'managcmcn',
at $7,000 per annum. With J.12.000 a
year, I should think he m : gh. lire along
pretty comfotably.
The Pool this morning lei's a sto-y >!-
Insirative or Jlassachuse is igno-anre,
which is hard to behove *»•:
“A raemberof-the Massacbnse. s Leg
islature was at (he Treasu y Depaitmei.l
yeste tlay, and ‘d : d’ ihat building thor
oughly, unde tbe d e.-i'on of a romrv-
tent guide. Af.ecne h?d completed tbo
rounds and w.-s Just leav>s the btvldiog
he turned aro.'cd upon jiis gu' !c and
from the day of tbe electron until the vote
said, ‘Ob, by foe way, wbat is _ tbe name"
'ie T.easu yf* He
ofi.be 8ee e i / of ,be
was told, and. went an ay hanpv.”
I see W. A. Eo!J, E*'., or Eaionion,
announced this u" '"ng as among (he a r -
rivais at W'ila d's Horei yes c c’lay. Mr
HowaroVau Epps, of Atlanta, is an
nounced as among the cues's at tbe Met-
rodolitan.
The weather is quilo cold this morning,
hut the sun is dolus its level best to make
up for past deficiencies. Thosnow doesn't
melt at aii, and sleighs and sleigh t iding
are again trumps.
I saw old corruption Cameron here a
day or two since on his way to Cuba. He
doesn’t seem to crow a day older, and Is
reported to be as fond of champagne and
widows, and to swear with the same force
and frequency as ever.
The Senate committee on c1a<ms has
was cast, and there was time sufficient to
have had all this tiling lighted and ton-
formed to the Federal iaw; tbe whole of it.
Me. House—Was the aJeution of the
legislature directed to it?
Mb Feltox—It was not. The news
papers told us that the ariention of the
executive of Geoigia—and I have nothing
but respect for that executive—was called
to it, and tho newspaper interview repre
sents him as sayiog that if be bad known
otherwise he would still have done as he
did.
Mr. CAiiLtsr.E—Mr. Speaker, if that be
tbe gentleman’s undewlanding as to the
motives which actuated tbe State of Geor
gia, I fail to seethe relevancy of the re
marks which he has made this morning.
Mb. Feltox—1 tell you the people of
Georgia have no desire to violate the Fed
eral law, none whatever. When this act
was passed there was no intention or pur
pose on the part of our Legislature to con
flict with the Federal law.
Mn. Haumosd, of Georgia.—I evk
whether tbat law wa» not put into our
code of 1802. when we were under a pres
ident ofthe Confedeia'e Slates, and got
into tho code by carelessness, and by care
lessness was copied Into our present com-
pilation ? That is the fact.
'ong, to quote
Coke’s lnsii'utes, made many years ago of
La d Coke in the Fourth losiiiu'.e
drew* a parallel between a usoitil mem
ber of Farl ; ament—one possessed ol-all
“properties a parliament, man should
have”—and tbe faolonon of tbe bestial
world, lo-wit, the el-phaut. “Every
member of the House.-'’ he says, “be ; nga
counselor, should h*vo llnee p opc.t'es of
■ ue elephaui,; fi.ss, feat he hath no gall;
secondly, that he is ii'ficriuie and cannot
bow; thirdly, that he is of a most ripe end
pe. feci memo.y. • • • •
We wilt add twoo!her properries ol tho
elephant—tbo one that >be elephant is
philt iiUtrOjWs, homlii erranii vinn o ■-
lead!', (aphilanthropist who showed the
wanderer his road.) The other, that,
though they be r.uuzitmz cirU'Vs el ■..'cxlinl
iiUcllcclt:*, of greatest si renglh and un
derstanding, lume*g, rt}Cluii ectuper in.ee-
dan'., yet riicy aie sociab'e aud go in com
panies. bociable creamtes that go io
flocks are not bun fui, as deer, sheep, etc.,
but beasts tbat walk solely or singularly,
as beats, foxes, etc., are dangerous and
hit tful. [Great laughtei.] And these
properties ought every Parliament man to
have.” (Heard’s Cutios'lies of tbe Law
Reporters, page IF).)
It will be observed that Dr. Felton’s re- j
marks drew three rounds of applause, but
it is not set down in tbe repert where they
came from, though it ought, not to be diffi
cult to guess. They were ail from the
Radical side of the House.
Another matter deserves attention. Mr.
Speer paid his respects to the “Bouroou”
Democracy of Georgia, as he called t hem,
but somehow the J?'’. 0 rd omits that epi
thet. Mr. Speer evidently revised the te-
porter’s notes. That Is a. very common
practice here, but it seems to me a states
man ought, always to be willing to stand
by In print what bo says iu debate.
But enough for to-day. I am tired, aud
doubtless so are your readers. A. W. B.
.awvu. ■ J.H. GcePOBV’sSEF.O CA'- A vOCUE.
Mi. Sueex—Mr.Speaker,!bellevol will Mr. Gregory’s catalogue (advo:rised In
- on •columns) opens I: seve-.aifice en
gravings of new vegetables, after wl ich
follows an immense variety of Bower and
make a rental k supplementary to tuat
which hasjust been made by my colleague.
He says that liencefoiih die people of
Geotgre will bo loyal to the Federal
power. Sir, I say that the people or
Georgia have been loyal to the Federal
^OOU taliii lu loOOy auu mat* wueu
copied the amendments to the constitu
tion wc aceepiedWiiom in good fail b, and
wc have abided by' hem.
In that remark I do not intend offen
sively to reflect in any sense on the re
mark which lias just fallen from tbe gen
tleman from Georgia, and-which I have
quoted, but make that declaration formy-
self.
The gentleman from New Jersey (Mr.
Robeson) did some of us injustice when
he said that none on thhr aide dared to
stand forth and speak for what we un
do isiood to be tree • Democracy against
vegetable seed, Incli'dijg <7 kinds of
beans, 23 oi beei ; 64 of cabbage and C*u-
I’flower, 20 of coiu, 23 of cucumber, fS of
nower since we laid down our aims in leLuce, 41 of melon, 17 of squash, 24 of
* . m ..• • ' a a a i I. — _ «... « OA Ap IncnSn n'.t Airs oil iliili.
Toma o, SO of luinip, etc., etc., nil duly
described. Ca alqg.'*^ a e auve tisedfree
to all.
agreed to report a bill paying ibe riia e of | this Moigan joint icsolution. h iiere were
Georgia $22,670.42 ffor moneys advancod I three of us here who did that ib'ng, and
to pay her troops who were iu tbo se. vVe j our votes are found refolded aga'nst it.
of the Uiiitejl.stares in ilic Ind'Sii wars'Audi cong. aniline mj hrelbien of the
of 1S12 and The amount- claimed | Democratic paity that we have reached a
was $27,179dl^ Winch tbe coinmiiteo cut j solution of tins question upon which wc
down on account of lest vouchee. can agree, aud which will not do violence
The Legis'a. j i e of Minnesota sees before
it a divided dn : y; It would like to make
an appropriation to Induce immigrants io
come into the Stats, hut Hist it must make
an appropwalion to save tbe recent acces
sions of immigration from starving. Jt
does not like io make both appropriations,
as it seems rather inconsistent to appro
priate money tob-iog people into a state
ofsta'-va 'on, and yet if it can make only
one app. opnation, a proper sense of pride
rails on vo make the customary appeal
for iroa ,: giai'ts. If one may judge by tbe
sto'ics of distress and actual starvation,
and by tiie appeals to the Legislature, it
would look as if Minnesota might properly
allow immigrants to como in of their own
volition.
A. W. F
Wasmxqtox, Feu. T.—Lr", Sa c d..y
was latber a field dry for. Geo ga.'a ie
to those grand riglds of tho sovereign
Siales for which I thought I was speaking
when I voted for iliac joint resolution
n„,„. .» — - , « which took tbe power from the Stales and
Bouse of Rep-e,e>. s ,tes. 3, xv^.llaji- j nested it is Congress. This resolution
moad, Speer, Cook nd Fe'.on all had an I now to be adopted by Congress bas speed-
iuoiog, and, in o de: frat boxe fo'ks may 1 llyjustlfledlliat vote.
Gbaxt is never piaured except while
in the act or smoking. For this and other
apparent reasons, we would suggest that
Congress appoint hun Lhe Lone Fisher
man of American politics, with a salary of
all the suckers he can catch.
Probable Present Solar Weather.
-Vfto Jo -* Perak: \
Although the sun Is still dispensing his
strongest rays upon the southern hemis
phere and leaves our half of tho globe to
the mercy of Arctic waves there is reason
to believe that the solar fires are now burn
ing unusually brightly Last fall a Paris
astronomer, M. Thollo.i, reported his own
observation of very striking protuberan
ces, while from other t< ..rces the evidence
pf numerous spots on the incandescent
orb is multiplied. Mr. DawBonj of
Spieelaud, Ind., has since reported among
very many lesser spots a huge one cov
ering two-thirds of the solar diameter, or
100,000 miles, and in his last report (for
Decembar, 1SS0), Profeasor Newcomb
notes as many as twenty-five faculae
counted iu a single day. The reigning
theory of sun spots, as stated by Flam-
marion, is that they are due to “open
ings formed in the outer envelope or
photosphere of the sun, probably by
gaseous eruptions issuing from volcanoes
(tbe dark centre of the spot being the
body of tho sun itself;” and, though it is
still not settled tbat an increase of spotted
area denotes an increase of solar activity,
such is the generally accepted view. ■
We might tlierefore expect to fiud iu
the earth’s atmospheric envelope at this
season some evidences of exceptional so
lar radiation—especially in our southern
hemisphere, where the solar rays are ver
tical. As the southern hemisphere has so
much more water than land surface the
effect of the vertical su n south of tlie equa
tor is to evaporate the ocean water rapid
ly, and tbe enormous masses of aqueous
vapor tuns raised from tbe sea must ulti
mately enter the trade wind system and
find their way across the equator into the
Noitb Atlantic andNotth Pacific ocean
basins. The obvious immediate effect of
an unusually hot summer in the austral
regions would be the excessive evapora
tion of Us seas; but the subsequent move
ment of the densely moist air northward
could be predicted as an inevitable result.
if we may therefore judge of the pres
ent temperature prevailing In the opposite
hemisphere, (and hence of the evaporative
energy the sun is now exerting upon I.a 1
vast expaDS of waters) by the melem o;. *-
i*. as pwiti tu t imu niuiijv vs *i v
laud by obstructing legislation in the Brit
ish Parliament. Parliament understands
Us business loo well to allow itself to bo de
posed from authority by a sma'l minoruy,
and in seeking to protect itself it is riot
crippled by tbo restrictions of a written
constitution. There is no l'mit lo its au-
!-orilv or power; it owes no duly re any
, - ■ - - .. i m t .ttcncy or any member, and can not
* n. -mL m.'.iJ only suspend members, bntit can, if it
wklies, disfranchise tho constituencies,
aud is the sole judge of its reasons and of
iis acts. When tbo Irish members under
took to nit tbeir strength against that of
Parliament they undertook to storm a
Gibraltar.
Ch ,‘lesion Sacs and Courier. .
Tbe Irish Nationalists must succeed, if
they persevere. Their safest plan is to
tako whatever they can get; and bide their
time. Whenever England confronts an
insurrection in India or is at w$r with
some European power, Ireland can make
her own terms as has been done before.
For-England there will be no choice in
the near future, save between dismember
ment and confederation. The time is fast
approaching when India and the colonies
will decline to be considered parts of an
empire in the government of which they
have no share. ' : J , ■,,
• IfashvMo Aircrlcan. \ u
Dr. Blackburn, Governor of Kentucky,
has been indulging in dolorous predictions
of cholera, based i n his assertion that iu-‘
fluenza amongst men and animats is fol
lowed by clielera. He asserts that the ep-
izootic is duo to too much ozone iu the at
mosphere aud cholera to a lack ofic. Na
ture in her compensations follows too
much with too little and so it goes. As no
two doctors agree as to tbe effects of ozone
and llie general conclusion on that subject
is so like that of the old woman in her in
digo test, that “If good it will either sink
Edited nr Rev. J. O. A. Clabk, D. D.
This book brings the reader into tbe
company of .Gladstone, Dean Stanley,
Sputgeou, do Pressense, Punsbou, Lips
comb, Overton, Rigg, Simpson, Fosj,
Pierce, and many of the best spirits and
brightest in.ellects of the Christian world.
The last general conference of tlie
Southern Methodist Church appointed
Dr. Clark, of this city, agent tor the Wes
ley Monumental Church, of Savannah.
He was commissioned to secure tbo co
operation of the different branches of
Methodism in building so appropriate a
monument to John Wesley in the scene of
his early labors. As a means to this end,
Dr. ClXTk conceived the idea of building
another memorial to Wesley
by bringing together the estimates of
over one hundred writers concerning
him in a volume, the proceeds of tbe sale
of which would be devoted to the comple
tion of the church. Dr. Clark is the edi
tor of the volume, but may be not incor
rectly styled the author of the book.
.If these were all, the work, however In
teresting to tbe Methodist church, would
not bo entitled to*a review in these col-
urns. But John Wesley belongs to the
world, tnd the' world has come to
recognize him as one of its greatest
names. Greatness is of two Kinds; many-
sided and special. Of the latter sort, By
ron aud Loyola are types; of tlie former,
Shakspeare and Wesley. No higher trib
ute could have been paid to the diversity
of Wesley’s powers than the election of a
council of one hundred men to take tbe
place vacated by. Ms death. The united
attributes of them all would not have fur
nished more variety than was displayed in
Wesley’s faculties as a preacher, scholar,
reformer, educator, organizer, governor,
P' et, debater, philanthropist, mtssionaty,
revivalist.
While the volume is rich in the learning
of the subject which specially Interests
Methodists, its writers deal freely with its
broader aspects. Wesley’s influence in
reviving the comalose religious spirit of
Englaud in all its cliui cites, established
and dissenting, wrought a work as great
and as vital as the reformation of Luther.
The morality and religion which he
implanted among the lower classes pre
rented the Inflammable elements of the
population from catching the fire of (he
French revolution And saved Eogland in
tho eighteenth century from the horrors of
a reign of terror. *
Considered singly, the monographs in
the volume on special aspects of Wesley’s
character and work are Of great merit.
Dr. Clark’s contributions: are equal to the
best. The tributes to Wesley by such
sceptics as Lecky, Leslie Stephen, and
Buckle, and by the historians, Macauley,
Bancroft, Green, aud others, he brings out
With fine effect.
In its totality, the book makes a pleas
ing impression of the essential unity of
Protestant Christianity. “Unity without
variety is tyranny; variety without unity
i* confusion;” but here is variety in unity.
Alt the blanches of Methodism Join,
through the voices of tbeir ablest men, in
a chorus of tribute lo their common found
er; while representatives of the other
churches swell tbe volume ot eulogy. In
fidelity can no longer write its aspersions
of tbe Christian creed in the blbod ofits
internecine warfare.
Tbe memorial hook is greater than the
Monumental church; it is a temple in
which devout minds oi all lands and ail
THB SUPREME COPET.
times may thank God for the work wrought
- • , ... - . '<y his servant, whose master passion was
or swim, she dlsremembered which,” that 1( , , aTe the gou ] s of meD> and Wbree word*
oneneednot be alarmed at the Doctor’s ’ ain i i, fo have helped thousands to live no-
bly aud die happily.
prediction.
Jih. l-t Constitution.
There can be hut one remedy foj the
distress and discontent tbat prevail alike
in Ireland and E igland—the landlords
must go. France and.Germany rid them
selves of a like incubus years ago, and.
tlie tillers of tho soil in those countries
take as much Interest in their welfare as
tbe men in power. So it must be ini the
long run in Great Britain. If Mr. Glad
stone lacks the courage—for that Is all lie
does lack—to present the only possible
remedy in.a practicable aud just form-
just alike to landlord and tenant—the
trouble must go on, the wretchedness of
the people becoming worse aud worse,and
the > tiling classes and even the throne it
self more and m<ue uneasy.
Louiteillc Courier-Journal.
There is a widespread antagonism In
this country just now, to the abuses of
corporate power. That antagonism is
mainly occupied with the subject of rail
road monopolies aud pooling arrange
ments aud indefensible discriminations in
t ia matter of freight rates. It is believed
leal excesses now current in the m!.kite t.iat the corporate power of railroads
zone of the nor.hera hemisphere, we are . „ , 0 uld be restricted by Congressional leg-
confirmed in the supposition of continued jslatioj.. There are two bilA before Con-
abnormal activity on the fiery breast of
tbe great luminary. On tbe weste rn
coasts .of Europe tbe immense snow fall
of January IS to 20 indicated that he At
lantic winds, which sweep those cocsls
aud waft to them the vapor from tho in-
Uatropical belt, were laden, with extra
supplies of vapor; and the London Mete
orological Office reported on "the 10th
uit. that tho rainfall for the preceding four
weeks lmd been “an excess at almost all
the non hern aud western stations” of the
Uniter'. Kingdom.
As regat ds onr own Western or Pacific
coast the heavy, protracted rain fall ot the
last two weeks bas been phenomenal,
over six inches of rain having been regis
tered in onepartof California in two days.
The December precipitation from Central
California northward was also far above
tbe normal, amounting to 7.04 inches at
San Francisco and 7.00 inches at Port land,
Oregon, in excess of the average for tbat
month, and “at Balnbridge Ialand, Wash
ington Territory,” tbe signal service re
ports “the month's rainfall was thegroatest
ever recorded (20years’record.)” It would
seem, therefore, that the southern hemi
sphere, under an exceptionally warm sua,
is now sending forth Cross its steaming
oceanic surface large aelnmes pf vapor
into tbe North Pacific and North Atlantic,
which, falling into the sone-of southwest
erly winds, are borne against- tbe cold
western slopes of the northern continents
and there condensed. If the solar r. riri-
ty which appears to account fr i those
widespread and tomnlial rain u. j snow
fails continues, as U likely, into Uui nuxt
season, we may have a moist and cool
spring and sUstur.
grass aimed at the abuses of railroad cor
porate power. The one Is general m its
terms; provides for a government super
vision of the inter-State railroads, forbids
discrimination, but provides for no practi
cal and tangible restriction. The other Is
more specific, and, witli prohibition of all
well-known abuses carefully detailed,
prescribes severe penalties for any in
fraction of the law, but creates no body
of men empowered to enforce the ob
servance of the requirements. Neither of
these tucas-t-ei, if passed, would effect the
end desired by the people. The second bile
mentioned goes farther than tbe first.
These efforts to curb a corporate power
which, It cannot be denied, In legitimate
exercise, is of the largest benefit to (he
country at large, indicate the trend of the
public mind to liberation from whatever
harasses commerce.
HostfMi Herald . .
We, of New England, need only recur
to our early history to be reminded that
toleration tea plant of slow growth. But
that it^ exists fn even partial measure at
tbe Sooth is a great gain. To have re
duced intolerance from a positive to a
negative state, in so short a time, pre
sages its early aad complete extirpation
We, at the North, have expadted too
much, and have not enough to put our
selves In bMr piaseO.
fr.T. Colton. '■ If
These obstadek are ill of a character
that can be overcome with comparative
ease,and they certainly will bepvercdjne in
a few yearn. Tito victory will be practical
ly won as eoon ks Northern capitalists arc
aroused to the fact thfcis spitenf all ob
stacles, they, can cam say even 10 per
Dr. K. leadraw aad tbe Ageaer of
Mereer Uaivenlty.
Several premature announcements have
beeu made by the secular and religious
press iu Georgia ou this subject. They
foreshadowed the coming event.
Dr. b. Landrum, of Savannah, has now
accepted the position. His title is “finan
cial secretary and lecturer on theology.”
He will enter upon his duties so soon as
he can be released from his pastoral en
gagements. He brines to his work a life
long devotion and aflcclion for his Alma
Mater; a conviction strong and abiding,
that bte work is for the glory of
the Master and tbe best interests
of humanlty;that he is leaving a less for a
greater and more important service. He
will lay upon the altar of this institution
an intimate knowledge of its condition
and wants, a long experience as a trustee
in tbe management of its. affairs, a wide
aud almost universal acquaintance. with
the Baptists of the State, and a reputation
tor judgment, business management,
earnest-hearted ness, wisdom, prudence
and perseverance, which greatly encour
ages his friends as lo bis success. Tbe
love cherished for him by his brethren all
over Georgia, and his known and uni
form habits of piety and religions conse-.
cration will secure a cordial welcome for
him wherever ho goes. .
E. W. Wabrex, •
Chairman Prudential Committee pro 'em.
Bwinlww Isrtwto Jaa. 8. MSI.
Abridged for tho Telegraph and Meeeenger by
Hill dt Harris. Attorney« at Law. Macon
Georgia*
Mayor, etc., ol Savannah, vs. Feely.
Complaint, from Chatham.
1. Whether the right to run omnibuses,
baggage-wagons and other vehicles to aud
from the railroad depots in the city of Sa
vannah, is part of the business or trade of
keeping public stables in ssid city, so as
to make a tax upon the business of keep
ing such stables include also a tax on the
business of running such vehicles to and
from the railroads depeuds upon the cus
tom of such trade or business in the city
but it is only binding on the city sulbori
ties when of such universal practice as to
justify tbe conclusion that by implication
tbe two occupations were one and the
same business.
2. Tbe recovery of back taxes from mu
nicipal corporations paid for license to en
gage iu business of any sort within their
limits, where tbe power to issue such li
cense is wittam the jurisdiction of tbe
corporations, should not be encouraged
by courts, especially whoa suits therefor
are brought lor a series of years after pay
ment of such license taxes; aud recovery
will iu no case be allowed when such pay
ments have been voluntarily made.
3. The payment will be held to be vol
untary lu such cases unless actually made
under duress, and a mere agreement to pay
though such agreement be under duress,
will not make tbe subsequent payment
involuntary, if no legal steps be taken to
resist it aud if tbe payment itself be vol
untary.
4- A compromise decree on a bill for
Injunction against the payment of such
license tax for a subsequent year between
tlie city as defendant and many complain
ants, the plaintiff In the action being one
ol them, is not admissible in evidence
agaiust the city in a suit to recover
money paid tor such license taxes for prior
yean. Judgment reversed.
Atlanta Street Railroad Company vs. City
of Atlanta. Inj mction.from Fulton.
1. If one claiming a right under a writ
ten contract does not leave the contract to
stand for itself but introduces parol testi
mony to explain the meauingof its terms,
he cannot complain that the court submits
to tbe jury the question so raised.
2. Under a contract between a munici
pal corporation and a street railroad com
pany that “the road, rolling and ljve
stock ofsaid company” should be exempt
ed from taxation, stables, shops, houses
for storage of lumber and other like con
veniences were not exempted.
(a.) The word “road” is not a techni
cal word, requiring explanation by the
testimony of experts; nor does it alter the
case that tbe president of tbe road and
another witness interested therein testi
fied that, at the time the franchise was
granted, they understood it i to include
such appurtenances or conveniences as
those slated above. Judgment affirmed.
fall into an excavation, the municipal cor
poration is not liable therefor; and on
such evidence a non-suit will be awarded.
Ailter, if the excavation Were to near the
sidewalk that from the ordinary accidents
of travel one would be liable to fall into it
while pursuing the ordinarily traveled
way. judgment affirmed.
Phillips vs. Basset at. Mortgage, from
Sumter.
After a homestead has been set apart to
a bankrupt without objection, and ap
proved, It passes out of the Jurisdiction of
tbe bankrupt court, aad if there are
claims against it superior to tbe exemp
tion, they must be enforced against the
bankrupt in a court of competent juris
diction, and not against the assignee by
petition to tbe bank rapt court. Judgment
affirmed. <
Terry vs. Merchants’ aud Plantera’ Bank. -
Debt, from Chatham.
1. The charter of a bank is a public
taw, and the courts will take judicial
cognizance thereof. When, therefore,
pending an action against a bank on a dor
mant judgment, its charter expired, the
court properly dismissed the action.
2. There being no other party defend
ant except tbe defunct bank, a motion
to reinstate the action aud appo.nt a re
ceiver was properly overruled. Judgment
affirmed.
Cherry vs. Singleton. Equity, from Bibb.
Tbat a security has paid a part of the
amount due on a fi. fa. does not give him
the right to control the same, so at to re
imburse himself. His rights are second
ary to those of the hoider ot the fi. fa., and
in order to control it without tlie consent
of tlie latter, he must comply wl;b tbe re
quirements o( section 215% of the code.
(a). Nor does the fact that a transferree,
who had bought property from tbe princi
pal debtor, has purchased tlm fi. ft. to pra
ted such property, authorize equitable re
lief. Judgment affirmed.
May vs. Huntiugton. Injunction, from
Folk.
Those who enter a court of equity to
ask relief must come with nhpn hands.
Therefore, where a wife flWB her bill
against one who claimed land under a
sberifl’s sale thereof as her • husband’s
property, and from whom she and her
rusband bad since rented, to enjoin him
from dispossessing them on the ground
that the property was her separate estate;
and where the bill and exhibits showed
tbat her claim rested ou a voluntary con
veyance from her husband, made after the
debt under which the sale took place was
contracted, for ihe purpose of defrauding
his creditors, an injunction was properly
refused. Judgment affirmed.
Belle Greene Mining Company vs. Tug
gle. Equity, from Richmond.
L A motion to dismiss a bill in equity
because there is a complete remedy at
law, comes too late when made at the
trial term. . -
2. A bill alleged as follows: Com-
ilalnant bought a tract of land conlalu-
ng two hundred acres, less oue acre re
served by the vendor. The latter also re
solved the right to all ores, minerals, etc.,
on the land, and the privilege, of having
tbe entire tract reconveyed to him or his
assignees upon giving twelve mouths no
tice aud paying a certain specified
amount. The detendant to the bill pur
chased the one acre aud the privileges re
served by tbs original vender, aud began
• mining business. It became necessary
to have about five acres of tbe land contigu
ous to carry on their woik for them
to tbeir mine; but complainant refused to
convey it unless they would take the whole
tract- This defendant agreed to do upon
the terms specified iu the deed to complain
ant, and took possession of the five acres.
Complainant had begun making improve
ments, which he discontinued after the
trade. At the time specified he offered to
make tbe conveyance, but defendant failed
to comply with Us contract, and this bill
was brought for specific performance :
Held, that there was equity iu tbe bill.
8; Where written contracts are clear aud
unambiguous, parol testimony as to the
understanding of tbe parties is not admis
sible.’
4. Where one who agreed to purchase
land aud take title thereto at a certain
time, and who actually made use of a part
of it, failed to comply with tbe contract,
the right oi tbe vender to specific perform
ance te not lost by tbe fact that he re
mained in possession, but always subject
to the right of the defendant to take the
title according to the contract,
ment affirmed.
‘ au i : ,rj 1
Western and Atlantic Railroad vs. Kirk
patrick. Certiorari, from Baitow.
Where a declaration in a Justice Court
set out fully a cause of action against a
railroad company for damages to person-
Central Railroad vs. Freeman. Case, from
Bibb.
Negligence is peculiarly a question for
the juiy. While, therefore, iu a suit
agaiust a railroad by an employe, if negli
gence on his part is plainly shown, the
court may correc. an erroneous finding lu
his favor, or may grant a nonsuit where
his negligence is clearly shown with no
conflict in the evidence, yet where the
fact of negligence is doubtftU, it should
be submitted to the jury. Judgment af
firmed.
Beyada a Ridiculous SteUo.
The statehood of Nevada is a ridiculous
farce. Here is a State with a population
of some 60,000 with a more elaborate
government than tbo State of New York.
The heads oi departments consist of gov
ernor, lieutenaut-governor, comptroller,
treasurer, attorney general, surveyor gen
eral, secretary of State, aud superintend
ent of public instruction. There are three
supreme judges, clerk of- the supreme
court, State librarian, who is ex-officio
curator ot tha Stale Museum, governor’s
private secretary, and a email army of
deputies, ail at exorbitant salaries. The
revenue to support all this fuss and featk*
era has been drawn chiefly from the tax
on bullion and cattle, which In the past
have furnished it liberally. There are
fourteen counties in the State with equally
elaborate governments, which have been
extravagantly supported from tbe
same sources, though, of course, all
species of property have borne their share of
taxation. But the flush time* have gone
by, and, though the State's credit is good
and It has a large school fund from which
it can borrow, it is only a question of
time when the resource* will be inade
quate to meet tbe expenses. All aorta of
propositions are belug discussed to avert
tlie threatened danger— amendments to
the constitution, a constitutional conven
tion, dissolution of the State government,
etc. Iu my opinion the best thing that
could be done would be to abolish the
State and either return to a territorial
form of government or attach tbe Territo-
, iy to California. It is merely a province
Judg- > of California as 1'. Is, and is ruled by Cali
fornia capital. When tbe mines were
yielding largely and cattle ranged on a
thousand bills we went alone as though
we did not care whether school kept or not.
This State has been a magnificent stock
grazing country, the bunch grass of the
bills as summer feed and the succulent
ally, and a summons and copy of the de- white sage of tbe valleys for winter sub-
claration attached thereto aud referred to sistenee making the finest beet ever seen,
therein were served on tlie agent oi the ’ and California and the East affording a
load, tlie actiou against the company was 1 profitable market. Like everything else
iinut biro autuu tiro witupauj wan
ot fatally defective because the sutn-
li -ms was directed to the agent as such,
instead of being to the road itaeli. J ufig
ment affirmed.
Brown Tf. City of Atlanta. Case, from
Fulton.
la this State, tbe business of stock-breed
ing has been overdone. The ranges were
overgrazed and are now mostly eaten, the
cattle being driven away to Wyoming and
Colorado, where there are “freeh fields
and pastures new.” As a consequence,
How to 8?orLFiau.—A correspondent
of the Sub writes that very few fish come
to our markets that have uot been caught
in pound nets. All fish taken in station
ary nets lose’their favor. The reason is
that they are allowed to remain in !hose
nets until they are nearly dead or alto
gether dead before they are taken out.
The struggles of fish in a net even fur two
hours only, injure their flavor materially.
It tea well known fact that a salmon
caught with a rod afrer having beeu
“played” for an hour is not so good as oue
that is capttifed in a net that is Immediate
ly lifted after one haul. Tbe beantiful
sea treat ot weakflsb ia worthless after it
has remained for any length of time m a
uet. Let evervone who doubts this try the
experiment ot keeping ont overboard alive
in a netor flsh ear for two hours, and
than oook it .with one taken from the
basket. The chances are. ten to one that
tbe fresh fish from tbe basket wili be dis
posed of with a relish, and, unless tbe
fishing party is very hungry,- the other
will be thrown away. Ola anglers always
laugh at the green ones who keep their
fteh on a string in the water to make n»m
stay fresh.” By the use of pound nets
we are not only losing our home supply
of good fish, but also even the flavor of
the fish that we are compelled to bay.
1. The onus te upon the plaintiff in the resources of the State are so diminish-
error to show error which injured him. ed that the people will be forced to favor
Whtre the verdict was for the plaintiff iu abolishing the State as a matter of self-
Hie coart below, and be excepted because ; protection, and unless something now un
it was too small, it devolved upon him to , looked for turns np, the population of Ne-
show some error which could have effect- vada will diminish one-haif within the
ed the amount of such a verdict. ! ensuing five years.—N. T. Time*.
2..In an action for damages alleged to
have resulted from negligence in the Iofi IB I»5B Island Soul
agents of the defendant, the onus ia upon From the shore at Whiiestone yesterday,
tbe plaintiff to show such negligence aod says the Sun of the 5th, there was not a
a consequent injury. ; break to be seen in the field of ice that
3. There was no error in cautioning the stretched from Sand a Point to Biker’s Is-
juiy to take the law implicitly from the land. Between these two points the
court, aud stating as a reason therefor steamboats have found their most serious
that an error of law, if made by him, trouble for the past few days. Tbe flsh-
could readily be corrected, but if they or man who lives on the Wbitestone shore
should pass upon the law aud err it could said:
not he reached with the same readiness. “Do you see a narrow s’rip out there ?”
4. There was no error lu charging that pointing to a line of broken ice about mid-
tbe agents of the city of Atlanta had the way between tbe shores. .“Weil, that is
right to let off the water from time to time tbe channel way. By the frequent run-
from the reservoir of its waterworks, for ning of boats a thoroughfare bas been cut
tbe purpose of carrying out the objects through the ice just wide enough for two
thereof, provided it was done with tiie steamboats to psss. This morning tbe
care of a prudent person who had itis own Continental, bound for New Haven, made
crops growing on fields below, and pro- a dash through, followed by the City of
vided it did no more harm than nature’s New York for New London, andtheMet-
fioods would do, had there been no such ropolitan. At the same time the ^pro-
reservoir, and provided the flow from tbe peller Neptune, bound for New York,
waterworks would not, in the absence of came down from the eastward, followed
other high water, more than fill the uatu- by the City of Boston, the Narragansett,
ral bed of the stream below. and tbe Granite State. So narrow was
5. In a suit for damages from overflow the channel way that the passing _ boats
of land below the reservoir of the water
works of a city, the iaw is similar to tbat
in case of damages from ordinary mill
dams.
6. In a suit by the owner of property in
put out fenders to save their guards, if
tlie cold weather continues this channel
way will be completely frozen up for all
classes of vessels.”
The ice Is ia some places two feet thick
Severn! men and
Use course of a stream below the reservoir opposite Wbitestone
belonging io the city waterworks for dam- boys went out on the ice yesterday morn-
ages to his land, the onus is on him to tog aud watched the great steamboats cat
show that the reservoir aud the water their way
The entire bay is blocked with ice,
through which vessels have much diffi
culty In going ia and out of the harbor.
The steamship Pomona, which arrived
yesterday from Montego Bay, repoue
„ uK.ru uuo .«..»» - that ahe encountered tea fieWs ne«
, convenient and welllighted aldewalk, aud Cape May extending fifteen miles off
1 after proceeding several feet therefrom, shore. , V
therefrom uot merely contributed to the
injury, but were ibe preponderating causes
thereof. Judgment affirmed.
Zeitler vs. City of Atlanta. Case, from
Fa'leu.
Where one volumarily leaves a safe,