Weekly telegraph and messenger. (Macon, Ga.) 188?-1885, February 22, 1884, Image 3

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TITE WEEKLY TELEGRAPH AND MESSENGER, FRIDAY, FEBRUARY 22, 1884. HaWKINBVILLE. «*•—WBAT TUB PEOPLE ABE ““Vo ANB DOIXO IS A POPULAR «EC- r'rnsiABY 10.—Quite a number of „JcUiwn8 left Thursday to attend the (wUvitiea at Vienna Thursday and !• n- mints- The Boys’ Brass Band and Minstrel Troupe went down also to give ^ Viennese andDoolyites music and * e of th"ir splendid nAistrel perfor- "‘viss Hurst is expected to visit our town for tue purpose of exhibiting her "onderful and mysterious powers. Prof. Glover and Mr. Byron Bell who have ton quite sick aro now much improved and about ready to push (heir vocations again. • Our city fathers are cxcrdlscd no little at the delay of Mr. Jackson in proceeding . with the of the artesian well. K one we have is so well liked and so beneficial that another must be bored go that water can lie carried all over town to private residences. The site of „ ur present well is too low to distribute l,y pipes water in the residences on the " The political pot has not begun to simmer yet. Nothing said as to local politics. Now and then the guberna torial race is mentioned. Gov. McDan iel has grown in popularity in this 1 More guano than ever is being bought and sold here. The past two weeks of spring weather has started town gardeners to planting, and if the cold don’t prevent, the pros pect is good for early garden truck. We arc having regular trips of steam boat now. . . . , \ cotton compress here is not only a probability but is thought to be an assured fact in the near future. The.Vcu* is talkiugearnestly fora big hotel. We need one and a move will soon be made to have it. A few business changes have taken place Mr. C. H. Everett has sold out to hit partner, Mr. Sam Lang. Mr. E. C Smith has shelved the yard stick and now handles the reins as a partner lin the sale, livery and feed stables of Roberts* Smith. . ltev. Mr. Parsons has gone on a busi ness trip to Alabama and South Caro lina. D/.WSON. SUICIDE—MARK! AGE—MOVING OTT IS STYLE ASD snitlT—WAITING FOB CALLS. February 13.—Oar town was made sad yesterday on hearing that Miss Williams, an interesting young lady, daughter of Merril J. Williams, living near Sapar, seven miles from Dawson, ended her existence on earth by taking strychnine. She was in her usual mood, pleasant and kind, and unknown to any one she calmly took the deadly poison, and in a Bhort time she was numbered with the dead. Mr. A. J. Carver and Miss Dixie Cheatham were married yesterday morning and took the evening train for Savannah. The weather is delightful, our far mers are in good spirits, and witli a vim characteristic of our yeomanry are bravely performing their duty. Gar dening is receiving attention, and everything moving off in a stylo nnd spirit that portends a bright future. The legal fraternity are doing but lit tle in their line, while the medical gen tlemen of our city are patiently await ing a call. Your subscribers here aro pleased with the noble and independent stand the Telegraph takes on the important issues of the day, and all join in the acclaim, "tong may the papcrlive and prosper.” EATONTON. HEATH—OAT 1-ROarECTS BRIGHTENING— CANDIDATES COMING TO THE FRONT. February 14.—Mrs. It. C. Jenkins, mother of Col. IV. F. Jenkins and our Representative, H. A. Jenkins, died at the residence of Col. W. F. Jenkins last Monday morning, after a lingering . illness of moro than a month. Being well known hero, having spent most of her life in this place, (lie had a host of friends who are in full sympathy with her bereaved family. We have had two good showers of rain this week which, with the warm weather, makas tlm small grain crop look far more promising than it did a while back. A largo per cent, of tho oats that were thought killed bv the raid are coming out, and promise a good crop. The guano and com trade Is wonder fully better than last vear. Moro corn haa already been sold than during all of laat year. pio candidates begin to show thom- selvoa. There is some talk of a wet ticket for tho Legislature. Very littlo J fear U entertained on that account, | 1 r. PERRY. I WAYLAID AND SHOT—A .NEGRO CHARGED WITH THE CRIME—REASONS ASSIGNED —MISS LULA. I Tebroaet 14.—On the night of the 112th hurt., between the plantations of | John V. Fort and M. H. Faulk, on the S hlic road. In the eleventh district of a county, Dave Bowman, a negro I man about 23yt:ir- ..Id, wa- waylaid I «nd allot to death. The coroner’s in- I quest resulted ! 1 ' a verdict charging ■Jack Barrett, another negro. With tho J ' • ■ -"“I >' " .-1iil.ri.. . nit Icnmstantlsl, Is conclusive of his guilt. 1 Bowman had «] icnatcd the nffectlons lino person ot Barrett’s wile, and the I titter ha.I n. „!.• tin. nt-1.. several that ■ be would kill Bowman end was seen I "Ffsvertl witnesses at different times I fh“ places, gun in hand, waiting for Ibis victim. The assassin is in jail |here and la -ibont 00 years old. ft , Mjsa Lula Hunt is visiting her on- Ide, Mr. 8am llurst, who lives three I and a half miles west Of Perry. There late several about bare who think they ■ ca t bold down the chair. It is not I known whether she will give an exhi- | nit ion hero or not. of our town by the brillis tut Chnrch i< Bryant to Mis lace, by the fca w enlivc quietude The Mm han vraddii . I)r. < dsomely aion THE EYE XT J AT 0 F 1 . • m; 5 place Gib h-,of C,. the evento *h< •lil.’Mh. lie [ n j|, con ipanv v ng \i“it IUV s Mi h 1 last t marria«»‘ .it the Bap- tl.i- pia-e ft Mi .1 N Ida Ut I j. , all of thin Rev. B. F. Tliarpo^of •• \\• r«- f :if. i.-i.im- :e concourse .of (•pecteiOVt. { march was rendered by tin, an<l the cliureh was MILNER. ; Mi-- n u-rm, bad- SUPREME COURT OF GEORGIA- Decisions Rendered Saturday, February 9, 1884. [SPECIAL RErORT, BV H. C. PEEPLES.? Wilder * Co. et al. vs. Mayor and Council of Savannah. Equity, from Chatham. Before Judge Adams. Taxation. Spe cific Business. Custom. Firms. Hall, J.—1. Under section -1HI7 of the code the liiaycr r." J rldcrir.cn cf -' M ' -try of Savannah l,avo the right to impose a aeparato city tax on commission mer chants and on agents for steamboat) or other vessels, though both kinds of busi ness be united und carried on by the same person or firm, it not appearing that by any universal custom In said city the brandies of business mentioned were one and the same. 08 Ga., 31,37.’ 2. That they were and had been united in certain specific instances was not proof of a custom to universal as to bind I lie city. Robertson vs. Wilder & Co.. (1)Qa.; Ktcly vs. City of Atlanta, leiGa., 583. 3. The question of taxing members of firms per capita is controlled by the decis ion of the courtln69 0a, 187. Judgment affirmed. J. It. Sanssy, for plaintiff; H. C. Cun ningham contra. Wilson & Bro. vs. White. Case, from City Court of Atlanta. Before Judge Clarke. Hall, J.—1. If an independent contrac tor is employed to do a lawful act.and in the course of the work lie or his servants com mit some casual act of wrong or negligence the employer is not responsible. The rufo is. However, inapplicable to cases in*wlitch the act which occasions tho injury is one which the contractor Avas employed to do, nor. by a parity of reason ing, to cases in which the contractor is entrusted with a duty incumbent upon his employer, and neglects its fulfillment, whereby an injury is occasioned. 10 C. It. (U. S.) 470, 10U E. C. L. R. 2. In this cose it does not appear that the injury was caused by the act or negli- £ nee of an independent contractor. Un is defendants had relinquished ilieir control over tills work to lint, anil had nothing further to do with it, either in tar nishing material or otherwise, except to see that it was done to.the satisfaction of their employer, then be was not an inde pendent contractor. but was their agent and servant. 06 Penn. 5t. 164; 5 Am. 389, 301.301; 2 Tbomp. on Neg. 002-007 inclu sive. 3. If, however, an independent contrac tor had charge of the work in question in this case, laying pavement, it appears that defendants had tlie original contract for the work, and that they furnished and owned the material, the failure to proper ly place and light which caused the Injury; and by the ordinances of city, where the pavement was being laid the owner of the material was required to see to Its being properly kept and lighted. 6 H. and N. 488; IQ. B. Div. 311. 301. Defendants were tnerefore liable for the injury caused ns stated. 5 B. and 8. 970; •) H and N. 488; lQ.B.Div 341, 314. 4. This court is not bound to notice ob jections to the admission of testimony which do not state .the grounds of objec tion. 5. Testimony that because of the injury plaintiff had nothing to go on and had to sell her house and lot to get money to live on, while it formed no element in the com putation of any special damages which entered Into the finding by the jury in her favor, it was one of immediate conse quences of the injur)- and was not an Irrel evant fact in the ascertainment o. gen eral damage resulting directly from tiie wrong of which she was the victim. 6. The judge was required by conns?! for defendant to put his chargo in writing anil mentioned this fact to the jury, to ex plain his departure from bia usual custom of charging them orally. While the bet ter practice would have been not to make such statement, plaintiff in error lias not shown that he was prejudiced thereby. 67 0a. 235. Judgment affirmed. Frank A. Arnold, for plaintiff; Milledge * Haygood, contra. Bennett, ordinary, vs. Graham. Suit on administrator’s bond, from Dade. Be fore Judge Fain. Administration. Sure ties. Judgments, lies adjudicate. llLASDrokD, J.—1. A judgment against an administrator, while it binds him ab solutely and Is prime facie good against his sureties, is not conclusive against them, they not being parties to the proceeding, and when sued on their bond they have the right to show, if they could, that the judgment should not have been rendered against their principal, 1 Kelly 357; 16 Oa. 581; 38 Ga.500; 117 Mass. 222; Code 2505. 2. A judgment on a proceeding between the plaintiffs and the administrator, which declared the judgment sought to be enforced against him barred by the statute of limitations, is binding between the par ties, until reversed or set aside, and not having been so reversed or set aside this judgment is not a debt which the law re quired the administrator to pay, and his sureties aro not bound forhls non-payment thereof. Judgment affirmed. W. N. & J. P. Jacoway, Graham * Gra ham for plaintiff; T. J. Lumpkin, R. J. McCaiuy, McCutchon * Shumate contra. Bull et al. vs. Forter et al. Complaint for Land, from Fulton. Wills. Legacies. Trusts. Administrators and executors. Title. Levy and wile. Estates. Re mainder. Prescription. Before Judge Hammond. i llall, justice, being disqualified, Judge Estes, or the Northeastern Circuit, was ap pointed to preside in his stead.) Kern. J.— Safina P. Hall modeller will as follows: "It is my will and desire that at my death all tuy property, both real and per sonal. after the payment of my just dobte, should go Into the possessionof my daugh ter. Susan p. Howard, and be for her sole use and benefit for and during her life, but not In any manner to be subject to her debts, and at lier death to be divided among n»y grandchildren, the children of (he said Susan P. Howard, in such man- tier and proportion h she, the said Susan P. Howard, may think most equitable and Just at her death. Of this absls to be the sole judge. “I constitute and appoint my grandson, John W. Howard, truvteo of niy daugh ter Susan P. Howard, with the request and instruction that the property given to herdurin- tier lit- «h»lll-c kept and held lor the sole use and benefit of lier and her children, and not In any manner to be subject to be taken, told or disposed of for her debts. Susan P. Howard qualified as executrix In 1845. She was a widow with children. Sba remained s widow to her death, which occurred in 1870. Held; That Susan P. Howard took a life estate antHier children took a vested remainder at the death of testatrix, in her estate. 4 Ga, 377. Jarman on Willi, 2 vol. *°x That John W. Howonl was made trustee ot Susan P. Howard alone, and bis powcri extended only to her life estate and continued only to her death. 06 Ga., ^sTwhen tho executrix and trustee sold certain of the property conveyed by the will and Invested the Proccsda In other property, the premises in dispute, taking a Seed thereto in their representative names, expressing in the deed "that said lot to be held by them for tbeuae and upon the trusts expressed atnl declared in the will of Safina P. Hall, said lot and part of lot being substituted for the place whereon Saline P, llall resided it herdeath." Held : That the property so purchased took the place of that which wai conveyed by the will, and no other or different es tate was created therein by tbeie transac tions subsequent to the death of testatrix. 4. That a purchaser of the property so substituted for any of the primerty con veyed by the will, at a sale of Ihesamt under execution egainst Susan P. Howard individually, would jret no greater interest therein than Susan P. Howard owned, to- yji i €r lift* estate. £ The life tenant using entitled to the possession of the property,no suit could be maintained therefor by the remaindermen and no posse--ion thereof cculd become adverse, so aa to ripen into a prescriptive title it* against ihe remaindermen, so long as life tenant lived. 6 .en years not having chined after His death of 8 I*. H eard ‘ ■ ihe bringing al this soil, lbs pbO-iUfTs right B. F. Abbott. E. N. Broyles. D. P. HUH* Son, for plaintiffs In error; Van Epps, Cal houn * King, Geo. S. Thomas, for uefend- Grote * LaPrade, guardian vs. Pace, administrator. Equity, from Newton. Before Judge Stewart, wilts. Construc tions. Husband and wife. Separate es tate. Lex domicili. Inheritance. Hall, J.—1. A Testator by his wil provided ibst sucli ot his cstite as was not required to pay debts and specific leg acies be kept together for the support and maintenance of his wife and children and for the education of the children. In cose his wife should marry again lie .di rected that she should have from his es tate one equal share, regarding her and each of the children h; lire at tier second marriage os share holders. By the fourth item he appointed ills executor and also a successor after this executor's death, and invested his acting executor with pow er to sell anv portion of his estate and to buy property with atiets of the estate, and in any manner to change the nature of his estate, whenever !t would promote the in terests of the estate in his judgment. By a proper ccnstruction of this will it is evident ihe testator meant that the wife and children should have equal shares of his property—excluding the wife's right to dower and the allowance of a year’s support for the family, postponing the distribution until tiie happening of the contingencies named therein and tn Uie meantime charging the same with the maintenance and support of the wife and children. The legacies vested immediately upon the death of the testator, the widow took a full a rare In the estate with lier children, and at her death intestate, lier property passed to her heirs ot law under the statute of dftrtributions. . 2. The testator died in 1818: bis widow did not marry again and died In 1676; two of testator's children died in minority during the lifetime of their mother, never having married and leaving no descend ants; another child attained majority, re ceived his share of the estate and had no further claim on tiie balance, that was kept together for the benefit of the widow and her daughter, Caroline B.; Caroline B. married in May, 1805, and resided in Georgia until September, 1875, when she moved with her husband to Alabama, where she died in 1877 and her husband in 1879, leaving (our minor children; the hus band of Caroline B. never attempted to reduce to possession either her share of the colons of her father’s estate, or the in come thereof, but carefully abstain from any assertion of his marital rights; the property in question (railroad stock), was never out of Georgia, but remained undi vided until tiie death of Caroline B., and the appointment of an administrator on her estate In Georgia, when it was turned over to him, although she drew a support from the income until her death. The questions made In the case are: Whether the husband of Caroline B. was entitled to the whole of this property or only to a part, or whether he was entitled to any of it; whether he took jointly with the children, lie being entitled to one moiety and they to the other, whether he took tojthcir exclusion or they to his. Held: (a) The property in question belonged to Caroline B. prior to her mar riage, and by the law of this State her hus band had the right to reduce It to posses sion at any time during tiie coverture, but it was optional with him to do so, and if he fuiled or refused,to subject it to bis control lie could not be compelled to do it by cred. itorsor other-, to the exclusion of the wife’s rights or interest therein. The property was not encumbered by any trust, and both at the time of its acquisition and the marriage of the parties, there was no law in existence making ft the separate prop-. erty ot the wife; when tiie time arrived tor taking possession ot it, there was such a law, but this did not prevent the husband from exercising his rights acquired vious to tiie passage of that act, and wl dated back to his marriage in 1805. Comer & Co. vs. Allen, this term; 57 Ga. 442 ; 67 Ga. 105; Sterling vs. Sims, this term. This projierty. whether derived directly from lier father's estate, or by inheritance from lier mother, was the absolute estate of said Caroline B., at her death, subject to distribution among those entiiled thereto by the laws of the State where she then hadher domicile. (6) Tiie right and disposition ot move- jlcs is to be governed by the law of the trespasser on its track as It would bo to passengers or employes, or other persons Laving business with It and whose pres ence there is authorized,or even to persons who were thereby its consent os a favor or gratuity, still we cannot go so far os to say that one who places himself in a posi tion of danger upon Its w ly. even in viola tion of the staute. becomes an outlaw and Code Sec. k (<•) Tho laws of a State in which u marriage is celebrated gov ern the rights of each party to Itlie property of the other, and their subse quent reraorol to another State onlyAffects property afterwards acquired. 10 Ala. 500; 30GS.&2 388 - 60 Ala. 380 387. P(<f) Two tilings were necessary to bring I the property In this cam within the opera- Ition of the statutory systems of Alabama, securing to married women the separate ownership of their property, making their husbands their statutory trustee* and the heirs of a moiety of their personal prop erty (Alabama aide of 1870, sections 27lw, ,871X1,37141: ihut w MW'r'moniaJI domicile should be in that stole, and secondly, that during that time tho prop erty sought to bo affected by that jaw should be brought into the State. As has been seen, the second condition has never existed is this case, and lienee it follows that the distribution of the property must be governed by the general law of descents and distribution of Alabama, where Intes tate was domiciled at the time of her death, and that by that law the children take to the exclusion of the husband. Judgment reversed. Capers Dickson, for plaintiff; L. L. Mi<l? dlebrooks, J. M. Pace, A. M v Speer, contra. credit lias COBH, 1 Savannah, Florida and Western Hallway Company vs. Stewart Case, from Ware, ltcfore Judge Menhon. Rail roads. Negligence. Trespasser. Dam ages. Value of life. Statutory law. Evidence. Charge of court. Hall, J.—1. The husband of defendant in error was killed by being thrown from a railroad trestlo by a collision with a loco motive. She sued the railroad company. There was no evidence introduced on the trial as to what was the value of the hus band's life, and the burden was on her to show the amount of damages she waa en titled to. Code 2971. 2. The charge instructing the Jury to find from the evidence whether or not the intoxication of tho deceoaed waa of such n character as to put the engineer on notice of the fact in time to aave’cheekcd bis engine; and the further charge if he was *so drunk as to place himself in a situation of peril and render him helpless, and the danger was patent to the engineer at the time, then he would be guilty of gross negligence If be could have Stopped and didn't stop, were erro neous, not being warranted by the evi dence. , .... 3. Where an injury is caused by the lo comotives. or cars, or machinery of a rail road company, or by persons in its em ployment, it ts not restricted In its defense to showing that ita agents exercised all reasonable and ordinary care and dili gence. Code 3083. It may show that the injury was don* by the plaintiffs com or was caused by his own negligence. 308t. Or. in cases of personal injury, ordinary care he could have avoidet. consequence! to himself, although caused by the defendant’s negligence, he Is not entitled to recover, ibid 2072. 8ee64Ga. 470 ; 68 Ga. 744 ; 00 Oa. 607: » Ga. 400; 82 Injury, if by the exercise of proper pre caution on Ita part the casualty could lmve been avoided. Ih) If tiie plaintiff's husband In this case hail appeared npon the track In n helpless condition, and the engineer and his assistants had discovered idni in time to have stopped the train before reaching him anil hud recklessly or even Incautiously neglected so to do. then Use company would have been liable to damages In proportion to Ita own default und that of the oilier party. Central Railroad and Banking Company vs. Brinson, last term, cited and disting uished. 5. We think that at the time of the acci dent in this case tiie agents of the com pany exercised atl reasonable care and dil igence; that the injuries resulted from the negligence of plaintiff's husband, and that by tiie use of ordinary care he could have prevented the consequences to himself which produced his death. Therefore, tiie verdict against tiie company was not war ranted by either law or evidence. Jackson, C. J., concurring. 1. I do not think there is any inflexible rule in tho mode of estimating the value of a life. The age of a man, the health lie en joys, the money he is making by bis labor, and his habits, are data from which tiie ury may argue liow long lie will probably live and work, and wliat liis life is worth to ills wife. I know of no law which requires tables of tiie probable length of life nnd it* probable wortli to be introduced. They may be a useful circum stance. but are not conclusive or absolutely essential. 2. Section 2972 of the code must be con strued in connection with those sections which relate to damages caused by his own negligence alone ana by his contributory negligence. It gives another defense to the defendant corporation, and that the defense Is to show that after the negligence of defendant, if the plaintiff could avoid the damage by ordinary care, be must do so or cannot recover. The meaning of the section is, that where defendant lias by its negligence brounght impending danger on plaintiff, he must get out of the way, if he can by ordinary care avoid tho conse quences of that damage to himself. 56 Ga. W0. This construction applies to injuries to persons as woll as to property. 3. Where one causes t .einjury by going where he had no excuse to go as one ot ordinary sense, as under a car in motion, or consents to It by lying down deliberate ly on the track anil hiring run over, in such cases section 3081 applies; but where one is on a track warning along, though n trespasser In one sense of the word, and a train of cars comes rushing toward him out of time and the ganger!* impending, but by ordinary care he can save himself from Use consequences of the neg ligence of the conductor in runnini nut of time, then section 2972 applies, an. if lie does not step off he cannot recover. Both sections contain the doctrine of contributory negligence and the effect of It. 4. To apply the principle to the case at bar; The presumption is againstthe com pany, code 3033; to rebnt it it may prove that tills plaintiffs conduct in putting himself in a place where he could not es cape, wilfully or carelessly, was the sole cause that he was kilted; or it may prove that when the emergency was upon him, and Use cars were negligently coming Upon him, he could by ordinary care have got oil and avoided the consequences and did not. II it fail to prove one or the other, then tho wife can recover.butthedaina — should bo diminished In proportion to fault and negligence of her husband. 5. Railroad companies are liablo for want of all ordinary care and diligence in all cases; they are bound to extraordinary care in the case of passengers and others under their care. The drcnmslances of Hie cose must determine what is ordinary or extraordinary care and diligence. 6. Sec. 44A7 of Ihe code has no applies, tion, I think, to tiffs or similar cases. It is hardly unlawful intruding, In the sense of that statute, merely to walk on the track. The section Is codified from the act of 1837, and that set waa meant to punish persons Interfering with Cieae roads by "placing obstructions upon, or moving, touching, or altering the gates, rails, switches, or oth«r appendages of said roads,” or "in any manner Interfer ing with inch roads or tlidr appurte nances." It was not meant to indict and punish for misdemeanor everybody that walked along quietly on a railroad. 7. I express no opinion as to what should be the finding of the jury on an- other trial. Iconcurfe thegrantof thanew trial, because I think the charge ot the court probably confused the jury and jus tice demands a new trial. ... Blnmlfonl.J.. concurred in the views of CMfi Justice Jackson. Judgment re- Chisotm * Erwin, for plaintiff; Harris * Smith, J. C. McDonald, contra. Sweet Cum and Mullein, Most of our readers have thought very little of the fact that in the exudation they tee clinging to the sweet gum tree in the hot summer months there is a principle that (a considered the most powerful stim ulating expectorant known. They have no doubt thought less of the fact that in the mullein plant seen in the old fields la a mucilaginous substance that acta as a soothing demulcient on the inflamed sur faces of the lungs, and which has attrac ted the attention of the medical world in consequence of its wonderful effects on It will soon be twenty years since the war closed." Under the hot sun of August, 1882, the Til lage of Dover, N. J., lay still as the sphinx in Egypt, while Elijah Sharp, of that place, slow ly and softly spoke ot the past. “Yes," he said, "I was In the army and saw many of the sights ot those fearful years. I was Anally dis charged from disability, resulting from sun stroke. I came home, miserable In health and spirits; so enfeebled that 1 took cold on the slightest exposure. Life seemed worthless to me; I lived only In memory." ‘That was sad enough," I said, dividing my last two cigars. “That’s so/' responded Mr. Shyp; “but I I rot over 1L Outgrew It? Not exacqy. When n that condition I began taking Par ker’s Tonic, and my health commenced to Im prove right awarf I waa astonished at It, and so t/as my wife. I piled on the flesh and could cat anything. My ambition bbued up. I could attend to business, and now—except I have to take care about exposing myself to the hot sun —I am as well as 1 was tho day I enlisted. What difference there are in things—guns and simply Parker’s Tonic. Ac unprincipled deal ers are constantly deceiving their customers by substituting Inferior articles under tho name of ginger, and as ginger is really ax un important Ingredient, we drop the misleading word. There is no change, however, in the prepar ation Itself, and all bottles remaining In the hands of dealers, wrapped under tho name of Parker's Ginger Tonic contain the genuine medicine if the fac simile signature of lllscox & Co. is at the bottom of the outside wrapper. TORPID BOWEL.S. DISORDERED LIVER, . and MALARIA. From tboso sources Arise thrco-tourthBOi the disease* of tho human ruoe. These symptoms Indicate tlicirexutcnco :!>>«• of Appetite* lftowrla costive, Nick H«ad- ache, fullness after rating, avrrslon to exertion oT body or mlud, Kructatlou of food, Irritability of temper, tow spirits, A re «Unr of having neglected some duty, Dizziness, fluttering nt l^e Heart,Dots before flie eyes, highly co,« ored Urf'ie, CO.VSTIPATIO.V, and do- mnnd tho iso Of a remedy tlmt nets directly on tbol-ivur. AsnLlvor mcdlcino TUTTi l ILLS nnvtft no equal. Their action on the KidneysnadSkin isa]«o prompt; removing all Impurities through theso tnreo ** scav- engers of the system,** producing appe tite,sound digestion, regular stools, a clear Skin and a vigorous body. TCTT’N HUN caaso no nausea or griping nor lntcrfcr.* with dally work and nro a perfect ANTIDOTE TO MALARIA. n*l FEELS LIKE A SEW MATT. “I navo had Dyspepsia, with Constiya. tlon.twoyears, and have tried ton different •studs of pUs, nnd TtTTT’S aro tho flrg*. thftt have dono mo any good. They have cleaned mo out nicely. My appetite la splendid, food digests readily, smd A no\ Inivo natural passages. I feel .. wan* W.jD. EDWARDS, Pali*., 8oldemywbw,a5c. Office,44MurraySU>.. MAKE NEW RIC13 BLOOD, And will completely change the blood In the entire system in three months. Any f son who will take 1 Pill each night from 1 to 12 weeks, may be restored to soan4 health, If such a thing be ( posn!t>le. For curing Fem-tleComplaints these pills have n« equal. Physician* use them In their practice. Sold everywhere, or sent by mail tot eight letter-stamps* Send for circular. I. 8. JOHNSON dt CO., BOSTON, MASS. TUTTS Gray ttus oa Ifjmajuts Chance! stoutly to a GLossr IIlack by a slnaL: tion c*Ihk im — ■ Idlcatloa or this DTE. SolifTy 1 Drain-;. or aentby express on receipt of s l ,'oxprc Offlco, 44 Murray 8treet[ New TorV. ■ tUTT’S MANUAL OF USEFUL RECEIPTS K.r. consumption. When these things are con- ildtred it is not surprising that "Tajrlor’i Cherokee Remedy of Sweet Gum and Mul- (ections, Is proving such « boon to mow suffering. For sale by alt leading drug- gists at 25c. and 11.00 ter bottle. Monufse»ored by Walter A. Taylor, At lanta, Ga., proprietor Taylor's Premium C °L??L Hunt * Co., Wholesale Agents, «m Ga. Via. 4**. ray Urt. 'PJI , Ga. 407 ; 53 Ga. 12; 42 Ga. 327.330. 4. Tiie protection afforded by these de fenses does not release the party com plained of from all obligation to observe such reasonable care to avoid the infliction ofirtjury, as the circumstances in which be is placed wiU admit of. fa) In this cose, tor example, tiie plain tiff’s Ini-hand, at the time of the injur)’, „ was a trespasser upon tue railroad track of the defendant. 8uch intrusions have been made indictable offenses, because of the injury that might result from tho trespa-s to passengers travriing on qbe cars over the road, os is stated in the statute. Act 25th December 1837, Cobb's U. D. 1850 code 4437. We are quite certain nil's are held to strict the performance of their duties to their servants nnd the pnUic, they are entitled not only to a clear track, I it to Ihe unots | marsios SCME0T it meted use of all the means tiulisp Me to the discharge of such an tmpc AYER’S Ague Cure contain* an antidote for all malarial dis order. which, so far as known, it mod la no ■e.Ler remedy. It couuins no qalnlu*. nor toy mineral nor deleterious snUune. wju-t- ever, nnd consequently produces no Injurious rlfeet upon Iho constitution, but leaves tho system si bcsltby ss it wss before Ike stuck. WE WASSAHT AYER’S AGUE CURE to car. every cure of Fever nnd A pic, Inter mittent or cum Fever, Remittent Fever, liamb Ago., BUtoas Fever, nnd Urer Com plaint closed by malaria. In case of fnUnn, Siler das trial, dealers are authorised, by our circular dated July 1st, hr.’, to refund Ul. money. Dr. J.C.Aycr&Co., Lowell, Mass, Sold bj all Druggists. THINK OF IT NOW I Although much Is sold about tho Impor. tanco of a blood-purifying medicine. It may ho possible that tho subject has never seriously claimed your attention. Think ef if nowt Almost every person has some form of scrof ulous poison latent In his veins. 'When this develops In Scrofulous Sorei» Ulcer*, or Eruptions, or in tha form of Rheumatism, or Organic DIscnscs, the suffering that en sue* is terrible. Hence the jpatltode of those who discover, as thousands yearly do, that Ayer’s Sarsaparilla erifi thoroughly eradicate this evil from tho ,5 As ndl expect life vritboot air as health urtthout para blood. Cleanse Urn blood slth Avm’s Sarsaparilla. runPARED BV Dr. J.O.Ayer&Co.,Lowell, Mass. gold by nU Druggists j 81, six bottles for M. T*e_,»MtD asi. CROUP, ASTHMA, BRONCHITIS. JOHNSON’S ANOHYXr. LINIMENT will Instan. ITc\’enUon la better than « JOHWSOSM’S ANODYNE LINIMENT “ Neuralfrtn. (nRiirnzz. Sore Lunpi, Bleeding at the Longs, Chronx Ilesisfyfti lUeklng Own Chrente Itheuaiatisa, Chronic Diarrhoea. Chronic Dywntfry, Cholera Matte*, kldn< MAKE HENS LAY Spine and Larne Back. Sold everywhere, bend for pamphlet to 1.8. Journos & Co., Boi An Engtieh'Veterinary Bcnreon sndChcmiit. now traveling In th'« country, »ay« that mott of the Korea and Cattle fowden wU Lero are worthies* trash He taja that Sheridan • Condition powders are pan- and _ Immensely valuable. Nnthlnr r,n earth win make heni lay like Sheridan's Oemlitlon Powder*. Dote, 1 teaap'a- fbl to 1 pint food. Sold a v a. 3 where, or aent by moil for 8 Utter- atampa L A. J demos A Co., Bostom, Ena LAMAR. RANK'S * LAMAR, General wholesale ag-enta for Georgia, Alabama and Florida. BETTER In Dress Goods at J. W. RICE & CO.’S. Than can be found elsewhere in this big State. Prices on al fabrics are reduced, but a specialty is made of cheap goods on their 10 and 15 cents counters. These goods are not remnants. Customers can get just the quantity required. If you wantanice Cloak, Dolman, Circular or Shawl Rice & Co. will sell it to you. They’ve got the goods and intend to sell them at some price. Silk handkerchiefs left over from their Christmas trade are selling at half price. A few of those handsome Satin Damask Table Sets left and and will be closed out at reduced prices. Housekeepers’ Linens and Domestics sold low down. A line of remnants to be closed out in these goods. A cordial invitation is extended to all who need anything in the Carpet line. In Extra Supers, Three-Plys, Tapestry and Body Brussels, Velvets and Axminsters they show the largest, handsomest and cheapest assortment to be found in this section. Carpets made, lined and laid in the best style. While in their Carpet Department ask to see those hand some art squares and large rugs. All they ask is a visit and inspection. The prices named are bound to please the closest buyers. J. W. RICE & CO. The Farquhar Cotton Planter Is the Best in TTse. It is very simple and perfect in operation. Drops the unrolls Isml with j* rfc ct regularity and in any desired amount. Never skips—opens, drops and covers. s< n«l for price. A. B. FARQUHAR &. CO., M A < t IN. fSA. Irt tnoPurer.t. Strongest, Gheapoet and Most Healthful Bread Preparation fits. M)LD BI AL!. (IKIM n COLLEGE, MACC'I, CA. A First-class TOMMERCIAl EusinessSchcol. £qu«!lossy NArthor8eoH Soul for Circulars, fl*r\ W. MsKjvY, • P-Irelf.1 SCALES SOUTHERN SCALE CO. Mitiii.ta. tiir< r- < ! ’.No fir as oa ui> SCALES OF ALL KIND,TRUCKS,Etc Chilli.’Mjj, Teen. SStid ter Cililotct • • alcblilt: ^ I'M*; " ,‘ f *. r f r | • - •• '. 1 • ro«Vs»8aixf» :«> r.Wcui Imoum "7"' V thE w aT:;'*dVuOlus 11. u. .-rr- VB -yOUM-s— • f V '' Nrrv.ni. Itrbllllr .'l no that as said eomM-1 If .1 ii- «tMs—Br fctaen)imtaWUtytnr|MsM££wwg^£JgHpAag£ j’r cu.. 431X4111 SI. kroVoil. MONEY TO LOAN -ON- Lire Insuranace Policies ! ! K XDOWMENT Policies maturing with in five yean discounted at fair rate*. Apply to or address, Inclosing itany for re 5re3d&wly 25 Cotton Ave, Macon.Ga. pany Is ----- MAl’c 1 phi mklll.f W MaabsoJ W »sj Decs/ SEE DiSi.i | OUR ANNUAL CATALOGUE ! BEAUTIFULLY ENGRAVED and ILLUSfRATED, Hints and Treatise on Southern Culture Vegetables, Grasses, Small Grains, Flowers and Bulbs I Mailed free upon application. E. M. SARGENT & CO., Seed Growers, MACON, GEORGIA. janTTeodtf ETIWAN GUANO! TTSED and ndorsed by successful planter* after practical soil to.-t. Refers to Col, U H.J. Lamar (ustd forty to fifty t< i - • n| mi fat (■ mnLOoL LILNIoBi Mr. W. H. Felton (ases it every year extensively), and many others. For sale by M. J. HATCHER & CO., Buggies and Carriages. Also, four best Engines and Saw Mills—Frick’s, Ault- man’s, Paxton, Erie City. Old Hickory and Standard Wagons. For sale cheap. 08. WAHO ♦ CO . LULISLAUA. I T. B. ARTOPE, 178 Second Street, Macon, Georgia. Marble, Granite and Limestone Works, Wrought Iron Railings of every description. Best Force Pump in the mar\ ket. Plans, prices and estimates given. ncvlthaxJuoJtwly