Weekly telegraph and messenger. (Macon, Ga.) 188?-1885, September 05, 1884, Image 5

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TIIE WEEKLY TELEGRAPH AND MESSENGER, FRIDAY, SEPTEMBER5, 1884. knotvledeed. The railway and canal act of J834 had been administered by the Court of Common Pleas with indifferent success. Indeed, with respect both to main and through traffic, considered irre spective of ‘undue preference,' this act had been a complete failure, not a single success! al,applicatfon haring been made. And although the decisions of the courts between different classes of traders had been satisfactory in principle, and there was no reason to suppose that any tribu nal specially constituted would come to sounder conclusions, It appeared that questions of fairness of charges were of matters administrative policy rather than simple ques tions of law, and could be bettor and more cheaply investigated by a special tri bunal acquainted with the subject. The FROM ATLANTA. • of the Railroad commission ns to '’Is, Right ot Anponl—-The Rncom- mondatlon Made by the Commission. iVrKCUh COBgESPOKDISCI.] I . ‘ A September l.-The Railroad mission filed their semi-annual report Executive office this morning. It is *!“ , lengthy paper, comprising some five pages of legal cap. Aside from ^.relv formal features of the report, tlJacts and doings of the commis- with copies of the circulars, all of have already been published In the * - wit the report goes exhaustively committee, therefore, after pointing out r^e question of the right of appeal ZL. me decisions of the commission to oHJcourts. In ™y letter of Sunday this Sire of the report was anticipated, with- however, verifying it by access to the C I give below the full report on that P*. 1 *.', , careful reading of it will Et and a careful reading Lover the views of the commission on Jib very important subject: the report akd recommend avion. Complaints have frequently been made that the right ol appeal to the courts does lie (mm the decisions and rulings of L commission. This has, in some in- been mide a pretext for assailing decommission Itself. It has been claimed irl. tb. decisions of the commission were “■LTsHc and that the great interests of «?i°rsUrosd companies of the State were SLSlnrthe law in the hands of an irre- tribunal. We hardly think it KswT to call your Excellency’s atten- Em to the crtoneonsness of such n claim. S? far ss the commissioners themselves are officers, mneern'ed, as far back ts May, 1881, in a SwTthen submitted to the Governor of instate they took occasion to call atten- iw, fo this subject. They then felt as they Sff feel- that the want of the right of di- 21 ;L„i from their decisions greatly tocressed their responsibility Acting nwn this conviction, they have been Tr careful to regulate their con s',, in all cases as to do no in- tnatlce either to the railroads or to r' -'blic. We would not be understood, w«M.as intending to admit that the drht to 'have the decision of the commis sion reversed by the courts does not now *xistnnderthe_ law -Any deciston made To show more particularly and at large whit our views are, we would repectfnlly Invite yonr Excellency’s attention to the following extract from onr last mentioned ^^Vrior to the act of 1879 the common law ri-htot the citlten to be protected against extortion and unjust discrimination ex isted in its fall force: bat the remedy for its violation was wholly inadequate. Prac tically. the citizen had no rights, thongh hit theoretical right was ample and com- wouid authorize a direct appeal to t from the decisions of the commlgs nny l.r.v u-iHi-iri in:- n . h uup--'-” 1 - 1 - " * guarded in Its provisions as not to im- ir the usefulness of the commission to e public. While a complaining party ght to have the right of appeal, he should not be left at liberty to indefinitely suspend the action of the commission by a friv olous and wanton exercise of that right. Persons familiar with the iractice of onr courts know iow easily cases may be continued from term to term, and how frequently such continuances result in gross injustice. In the matter under consideration snch an evil should be strictly guarded against. Impressed with the Importance of this w,. do not hesitate to recommend that a sup tuciciuiu, uilcl um that a board ol trade is not sufficiently ju dicial, a court of law not sufficiently in formed and a parliamentary committee not sufficiently permanent, recommended B| HIM H _ __ the appointment of a ‘Railway and Canal the enforcement of the commissioners' amission,’ to consist by any appeal which may be given. The reasonableness ol this view Is sufficiently pointed out in the extracts which we have submitted. We no not think thnt a great Injustice would result from a short delay in Oomhx three persons of high standing, of whom one should he an eminent lawyer anil one a person well acquainted with railway management. "The bill‘followed the recommendations almost verbatim, and became the regula tors of railways, act, 1873.’ “Among other provisions, ‘rallwavcom- mlstloners are absolutely prohibited from holding railway stock of any kind.’ "The act provides (S?5) that ‘for the pur poses of this act the commissioners shall, subject as In this act mentioned, have full power to decide all questions, whether of law or fact,’ and after naming certain exceptions that “save as aforesaid, every decision and order of tbe commission shall be final.’ “The decision of the commission may be made the tule of a Superior Court, in order to its legal enforcement by proper ■“Vers. They are empowered, if they think fit, to state a case in writing for the opinion of any Superior Court, determined by the commissioners upon any question which, in the opinion of the commissioners, is a ucstion of law.” “Thus the law of Georgia is evidently not the wild and unprecedented action some times alleged,whether by analogy with the English law, or by the decision of United States judge. “The sensible views here expressed,as the result of long British experience, have largely been incorporated into the Georgia law. Underit.asitstood.andfarmoreas herein proposed to be amended, tbe rights of railroads are more facile for appeal, and less subject to three men than in Great Britain. At last, however, three men, that very objectionable number, must decide the law. rulings. Under the law, as it now stands, we are required to publish for a certain period any schedule of rates adopted by the commission, and pending such publication such schedule is not of force. The period re quired for such publication would in most I bo suftldf ' ‘ ’ H •The right of exception brings up a great se of Interpleader, using this term in its p -The rights of the railroad companies were well defined enough; and their reme dies siso were adequate, being in their own hind- It was their capacity for abasing their "powers which was not sufficiently held la check. TBR REMEDIES Or TUI CITIZEN. “In the very nature of the case, the cit izen stood at such adisadvantsge. that his rights were merely nominal. To Illustrate: Suppose him to receive a package on which tbe actual freight charge was $1.50, while a just and reasonable rate would be but 11,00. What could be do? Usual ly, be could not wait, but must pay the II50 under protest—ant! bring enlt after ward, If thought It worth his while, for the hiltdoliaroverchsrge, But could he afford todothis? His interest In the matter would notwsrrentthe expense—the costs, fees, witnesses*, tbs discussion of the princi ple) snd facts Involved, as to whst rate woula be reasonable and just in this par ticular case. And only the one case would be settled, after all. The next day a par cel would be charged 73 cents, worth but 50. snit the 23 cents wonld Involve a new suit. Practically, he was obliged to sub mit. Were it a merchant who overcharged him he would trans fer his tiadv to another house. But In dealing with the railroad be Is deal ing usually with a monopoly, unless at a competing point—and now even at snch a point by reason of pooling—and so be was remedifese. A litigation would usually settle bat a single cue—one class—one die- tence-tcircely sny principle at all. “Such was the attitude of the citizen. Consider next THE ATTITUDE Of THE RAILROAD prior to the act of 1879. ’’It had a large Interest In results. In stead of 50 cents multiplied by 1 (the citi zen’s interest) the railroad had 50 cents multiplied by 1,000 or 109,000 as Its inter est. It wonld have also ample experience, and the best legal talent already engaged anj trained, and waiting, and all the ex peris favorablv Inclined. “So unequally were the partlee matched that in tha whole history of the State there bas been (so far as we remember) not one Jingle case of a enlt by a citireu to enforce this common law right—and but one to en force even a statutory right for an over charge. In that case the charter of the railroad in expreee terms limited the rates, jet the railroad fixed its rates beyond the chartered limit—printed them and collect ed them, and was checked by tills suit. “A remarkable commentary on the ab- te-uteworthlc-sness ol rights without rem edies. ''Tha consciousness of this huge diaper- tty between the parties is the great reason *hy juries lean toward the weakersld*. notwithstanding aU this, howerer—unless the sum Involved was large, eay a suit lor °. r Hmb. or injary—the party esc* Rtwred would not enter into so formidable acontroverey. even with the sympathy of theory in hls favor. case . sopnlar sense, which will first be heard be lore the commission Itself, and the appeal be to the courts for a rehearing, it desired. “Fending suit, the rates stand for all parties: men cannot stand at a ferry for rates, they must settle and pus on. So at a train. In the Tilley cue. the Savannah. Florida and Western got the benefit, and the people had to suffer. “In that cue, the objection being to the want of jurisdiction, the old rates were kept ot force until the jurisdiction had keen sustained. Now the decree has set tled the matter, the onus has been changed, and the nes u jiri inn/acis correct. instances be sufficient to enable the party complaining to have the cause adjudicated by the courts. With proper legal provisions for prompt action and speedy bearing before ti e court, we see no right reason why the right of appeal should not be given,so that com plaining parties, whether railroads, indi vidual citizens or communities, might be allowed to enjoy a highly valued constitu tional privilege, while the public interests wonld not necessarily suffer thereby. Bat wo desire to impress upon your Excellency the very great importance of having such appeals finally decided within the shortest period of time consistent with justice to the parties. It bus been the practice of the commis sion to provide that their orders regarding publication shall not go into operation short of thirty (30) days after their adop tion. Experience hu shown ns the wis dom of this practice This period of time we think sufficient to assure appealing par ties their rights In the courts. We wonld therefore respectfully suggest that any amendment of the law giving the right of appeal from the decisions ot the commission should be so guarded as not to allow a suspension of the action of the commission fora period longer than thirty (iO) days. We do not venture to suggest all the special provisions which wonld necessarily enter into legislation on this subject. We deem it sufficient that we should very clearly indicate to yonr Excellency onr opinion as to the propriety of giving the right of appeal to the courts, and the necessity of incorporating into the law the provisions against the evils which might possibly result from any attempt to abase the privilege. The commissioners have had under con sideration the propriety of recommending other changes in the law establishing the commission. We beg to reserve these rec ommendations, however, for onr annual report, which will be submitted to yonr Excellency prior to the next meeting of the General Assembly ot the State. courts I a mistake in pitching into Blaine as they li lt -i->. I VI- ! u ntil; : t->---inn-uf O'-.r e.ii- and telling them, ’Don’t attack IJinine because be is a rogue; that’s tvhat the North wants, and tkey'U support him the stronger If you do/” ILiughter all round.] "Georgia'S all right?” somebody re marked suggestively. “Oh, yes,” said the General, "there’s no danger about Georgia. We keep things in >od shape there.” MAHOXE. “You haven't any Mahones there," pnt In a grizzled old Virginian, in a tone full of regret. "No, wehaven’tanyMahoaesor Riddle- argers, or any of that stripe in Georgia.” epued Toombs, much as he would say, ‘Thank God for that!” “Do you know.” continued the old Vir ginian. “that In all my timel’ve never seen this feilow Manone. When becomes down to Richmond he goes to the WMa office, and up into the fourth story, t.nd stays there till night. Then he comes down and attends to the business that brought him to the city; he's never seen on the streets by daylight." "It will come to an end some day," re marked the General, consolingly, “Some one will have a sharp word with him, in nocently, yon know. This will bring on mure, ami that will 1«- tlie lust o! him." The laugh went round in contemplation of Gen. Toombs’ easy remedy for Mahone- Ism. The time seemed opportune to some body to suggest Ben Butler's name. “Butler!" exclaimed Toombs, contempt uously. ‘‘Oh, well, we know he Is a thief. He'll never be President. I'd sooner vole for a nigger than for him. Damme if I wouldn’t!" And after the old Virginian Ifn Horsfords .SELF-RAISING O £ L r 10 /1] G) Bread IrepamUoii. THE HEALTHFUL AND NUTRITIOUS BAKING POWDER restores to tbe flour the strength-giving phosphates that are removed with the man and which are requred by the system. No other baking powder does this. It costs less, is healthier and stronger than any other powder. HOME TESTIMONY FROM J. Emmett Blackshear, M.D. CENTRAL FURNITURE HOUSE Nos. 60 and^6 Poplar Street, g N the front for the patronage of the i»uuplc f with aa complete and well aborted ptock .Inf Furniture, Carpets, Flattings, Oil Cloths, Shades, Rugs, MATS, etc,, etc., as can be found in any iKripe in the South. I ara determined to lead rather than to be lead in the matter of good goods and low j>rio‘*«. I A set (6) good Chairs for ‘ Little Beauty” Bed Room Suit, seven I.U Jr\« p 10 ces for only $1*.50. “Gem” Bod Room Suit complete ten (10) pieces foi only $‘22.50. “Star” Fall Marble French Dre^er Sait, ten piece*, tip-top goods bonnd to please, $15.00. Parlor Knit*, loangea, Safes, etc,, “away down yonder.” Send yoo* orders to the Oentra.1 Furniture House ! For anything you need from a 45 oents chair to a $1.50 bedatead, to a $100.00 Bedroom Knit, ami I guarantee satisfaction. BENJAMIN SKALOWSKI had coincided vigorously in this sentiment, the widow in politics wss nqt again re ferred to. “I’ve seen Mahone,” said Toombs, re turning to tbe former subject. "He’s a little, insignificant fellow; knew him In the nrmjr. One day he was doing something with his men down on my right, and I didn't understand his movements. I said to Early, ‘I must see this fellow Mahone.' He said, ‘You'll have to get somebody else to introduce yon. General.’ ” “Yes," broke in the old Virginian, “old Early never hail any use for Mahone, and Mahone knew it and kept out of bio way.” The conversation turned npon Early, and Toombs expressed an earnest hope that “old Ju-bawl, as he called him, with strong emphasis on the final syllable, was doing weffi From.Jumping Creek- Detroit Free Press. “Say!" he called as he walked across the street to a policeman yesterday at the cir cus grounds, "have yon seen a slim little chap, with a red mustache and a diamond pin?” “I don’t remember.' “Well. I want to hunt him up. If you’ll help me find him I'll give you a yoke of two vear-old steers.” “What’s he done? "Say! I’m mad all over, but I can’t help -ha’ • ’ ’ ’ ’ ’ Macon, Ga.. Jnly 14,1381.—I take pleas are in adding my testimonial to tbe supe rior excellence of your Horsford's Bread Preparation (Baiting Powder) as an arti cle healthful and nutritious, and in an swering all the purposes for which It is recommended and used. So long as su perfine wheaten flour is made use of for bread-making, so long will there be a ne cessity for restoring to such flour the nu tritive elements of which it is deprived by the refining process; and so far as lam aware, this is the onljr baking powder In the market that possesses that quality while in giving lightness and porosity to the bread, whether made of superfine, or unbolted (Graham) Hour, there is none better. Yours respectfully, (Signed) J. EMMETT BLACKSHEAR, M. D. T. B. ARTOPE, 78 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 novlthnr&sudtwlg -a new rates are observed of 1881 a bill was introduced into the House ot RepresentaUves, having for its object the settlement of this question. This bill, we wonld remark, was not sub mitted to the commissioners before its in troduction, nor were they consulted with reference to its provisions. The commit tee to whom the hill was referred request ed the commissioners to present their views as to the propriety of recommend ing tbe bill for passage. In response to this request we submitted tbe following changes in the bill for the consideration of the committee and of the General Assem bly: In order to fspeed the cattse, when the complainant filea exceptions, let him In- clnde therein the demand for a jury, if he desires one. When notice Is served on defendant, if be demands a jury, let him give notice, so as to allow the judge to have he jury ready, and to save one useless meeting and ten days' time. Let the parties, jwlth tbe consent of the Judge, set down the ease -for trial at any time within twenty days." In regtrd to tenue— If the exception be made by a citizen, let it be in the county in which an action would lie for any excessive charge, or oth er damage. If made by a r.iiliuau. , C t lU u umib bo the party defendant, in form as it la in fact, and let the Slate grant tha right of •alt, at its own reildence—viz, tbe capital. In no case let the commission be a party, either plalntlffor defendant—being a tribu nal. not a party. The provision in aectlon 2 which makes the union of the commission prima faeit wrong-jiending the litigetion—lnsteed of prima facie right, seems to be Inconsistent with the 3th section Instead of the taper, re-fear,the action of the commission should be regarded, according to section 5, as prima facie correct, until reversed, and a B revision to that etlect Inserted. Otherwise 10 whole effectof tbe lew can be defeated Cores could be brought at criticil peri ods, and continuances cover, ssy tbe whole cotton season. It would be the interest of tbe railroads to protract cues. Tbe citi zen wonld be worse off than at common law; his statutory remedy wonld ba a broken reed, piercing bis own band. Tbe real difficulty underlies all this, and was thoughtfully considered by the com mission before making tbe recommenda tions embodied la the third report. Wore it practicable, the true relation would be, not a supersedeas, but keeping the commission rates of force daring tbe trial, anil then provide that tbe party in fault abould refund the proper difference to the other party. This would be the beat plan but for cer tain inherent difficulties. In our report, n i**!. the case waa not prepared for ln *h At well turn a jury loose into ■ pile of ccpartner'.hip or bank books page 133. we say: i Into the complex t “Fendingsuit, the avolveil iu rates of ?l>ort like that of a to itnke a bftla... v Principles and fact tfr’gut without som tester in chancery cUlon. J the penalty nnd i*W«m by the cSurts b< 5*** amount le«, a uu at J* freduated by the gro<M in 2? for the preceding fiscal ®?*tnpercent.,inst. a.iof by a fixed sum ill roads largt* and small. A ixjnato ®Pon officers would reallv best meet the LgJ.Mthey.nre really the derelict parties of de nies before a piaUtied as to •t the penalty of the *>» atockholdcrs ga&s* fotth* charge mclu Jo kno d*re*ari : tin- oil id will 55 -1* • difficult matter to c-Mttrel—expert vs. expert it >r or attorn.v-geiiers! *1 and the Governor autli- w urtataiice when necessary. But this probably he .,( rare occurrence. SJ.’$£V cr >- PfoorkUy, with A prop , fOMtltuted commission, tin- -.ifety of all £“*re»ts would finally he lelt Softool, as safer fr. XS and more courts, ami •sat*! “i! but- Maishal Her and tha Duka of Wellington. London Times. The death of the Duke of Welling ton enables me to write wbat may interest yonr readers. No one can wish to recall the wretched last chapter of the life ot romantic courage and consummate skill, nor the bitter con troversy that followed the execution of Marshal Ney. HU apparent want of jndg- fnent In repudiating the jurisdiction of the military court, of which fonr out of seven members were hU brother marshals, and preferring the irresponsible Chamber ol Peers swayed by violent - political passion, led him to bis grave. The pathetic words ot his chivalrous and sagacious advocate, Berryer, ere not for gotten : "My poor friend, von will have it so!” The late Duke of Wellington twice told me that his father did his utmost pri vately to save the lifeof Marshal Ney, and that it was wholly in consequence of the absolute refusal of the King ot France's ministers to advuo him to grant the Duke's request that be, as a matter of duty, abstained from publicly asking of Louis XVIII. this favor. The Duke gave me liberty to make this public after hU death, and I think it right to do re, The late Quentin Dick, a member of the Parliament of Ireland and the United Kingdom, aaw Marshal Ney shot, and re lated to roe the facts. The marshal was brought from the Luxemburg Palace in a fiacre, accompanied by a commissary and two iiib-officere of police. He wore a dark- colored surtont, dark pantaloons, white neckcloth, and round hat with crape: he was in mourning tor his father-In law. On bla leaving tbs coach the picket at tha gate of tbe Luxemburg gardens clow by were beckoned to tha spot, the men loaded and fired, the marshal fell on hU face, and his body was replaced in tbe cMch within three minutes ol hia quitting It—almost before the nnrset and children, tbe only spectators, could assemble, Tbe official account differs in some re spects. The statement that tbe cornee re mained for a quarter of an hour in a pnb- lie highway bears its own contradiction. 8.) unreal does the hlatory seem that one cannot be surprised at tbe belief held by t ime that tbe man who bore a name very like Nev’a, wbo lived and died obscurely in Ninth America, having exclaimed, on tbe death ot tbe Duke of Reichitadt, “Then my last hope la goat,” was the Prince of the Uoekowa, spared secretly at tbe interceeaionof the Duke of Wellington. Your obedient servant, William Foazis. FOR8ALE BY ALL GROCERS. TRY IT, < Aiep3wed,fri>SE3nn6m ASA uptu tail uttli) UUV X bail b UC1|/ ha! hai—laugh at the way he d me half an hour ago. I m a . I'm rich pasture for cow turnips with a heap ot green tops!” “What’s the story?” "Well, I was over there under a wagon coanting my money. I brought in $13. I w as wondering whether I’d better keep It in my bind pocket or pin it inside my vest, when tbe little ebap come creeping under and says: ’Partner, there's a wicked crowd around here. Put that money la your boot.’ Sny!” “Yes." “Struck me as the sensiblest thing I could do. It was in bills. And I pulled off my right boot and chucked 'em In. Say d’yeeee anything green In that?” "Well, I hadn't walked around long be fore a chap came up and remarks that he has $5 to bet to a quarter that he can out jump roe. Bay, d'ye know me?" "Well, when I’m home I’m the tall jumpist of Washtenaw county. I jump higher and further than anything, animal or human. I klrer more ground than a panther; I sail higher than a jumpin' hose. • I’m open to even bets, day or night, and I go out and jump 'leven feet just to aatonish the children. When that ’ere stranger offered slch odds I looked at his legs for a minute, end remarked that 1 was his huckleberry.” “Say! up went the stakes, oO came my bates, and (oatjumped him by three feet •lx." “And what!" “And when I looked around for my butes that Infernal little hornet with the sandy mustache had male off with the one tbe rub was iu, Say!” “Yea.” I lire on Jumpin' Creek. I'm tbe creek myself. I'm called a daisy when I'm home, and every time I trade bosses or shot-guns or dogs I paralyze the other fel ler. I’m previous. I'm prut razors, Pay 1” “Yet." “If I kin lav my bands on that little chap, I'll make every bone crack. It P was a good on me, eh? Ever see It beaten Played me fur a fool and hit me the fast time. Say! It you aee me—ba! ha! ha! lanafiln* *1 * THE FIELDS ARE WHIT WITH COTTON. HARD TIMES NEARLY OVER Affloriotui tiarveftt In at linuil, an«l |>ro»pcrltjr will noon prevail. Thou* and* of families wlio Imvo been want* I me Pianos nutl Organa Tor many long Years will HUY rills YE1R. Antlcl paling tbe demand, we linve ENGINES, GINS, SAW MILLS, ETC. d- PERKINS BROS., DEALERS IN ALL KINDS OF MACHINERY. he Largest Dealers in the South. In Steam Engines, Boilers, Saw Mills, Saws, Shingle, Lath, Planing and Matching Machines, Wafer Wheels, Grist and Flouring Mills, Cane Mills, Wagons, Separators, Cotton Gina, Presses, Sulky Plows, Rakes, Reapers and Mowers, Shafting and Pulleys, Steam Pumps. Boiler Feeders, Whistles, Gauges, Lubricators, Saw Gummera, Tanite Emery Wheels, Rubber Hoae and Belting, Brass Goods, Piping and Engine Fittings of all kinds, Machinery Oil, Etc. U9*SecoDd*hAod Mach inpry .Mow prices. Look to yourintcreu and get our prices before buying. PERKINS BROTHERS, 39 and 41 West Alabama Street, - - ATLANTA, CA. THE FOSS & PEVEY COTTON CARD. LOWELL DOUBLED OUBCONTRACTS with HIKERS i prussic Add. I'm and Inld lanu fmmeu.4o iloc'c ofdii- perb luNiriiiiicntMIrom ten bcadlug JlalterN- which we ntinll offerouour uMunl.envy IuNlnllraeut Terms. To ac commodate th'iM wbo wl»1i to buy now,and hold their cotlouuotlt later, we make Ibis Special offer to Piano and Organ Buyers. GvhPrits, with Threa Months lime Massachusetts UPWARDS OF THOUSAND OPERATION. OVER SEVEN HUNDRED IN CEORCIA MILL 8 37" Reference, J. F. HANSON, Agent Bibb Manufacturing .Company,^Macon,UA. DuringthezBontht of SepUm* ber and October, 1S&4, we will H'l Pianos and Organs at our Lowest Rock Bottom Oath P»lct*. requiring only $25 CASH DOWN ON A PIANO. $10 CASH DOWN ON AN ORGAN. And allowing three montba time on tbe balance, without Interval or advene. In pric*. Bibb County Sheriff’s Sales uavuyui aintuu. litmuK me t .in uuun ui ale, oa the Pnt Tuesday In September next, that tract cr lot ol laud lylug In the lottth district, 0.91., ot Bibb rouuty, containing one half an acre, more or leas, aJJolninz the land, ot IVm. Jones, lUit-on and others, (routing on tbe south 00 Jefferson street In Vlnevllle, tbe lot where the defendant now reside*. Levied on a* the property ot Henry Jones to illl.tr all (a loncd from the liml'-e I court 1045th district (1. 9I„ In tavor of Mack I Brothers r*. Henry Jones. Levy mad. and returned to me by r. >1. Moeely eonateble. O. 8. WEdKOTT, Sheriff, August 4tb, 1854—5 law Hr too smart, wasn't ba? __ rates stand for all par ties ;men can't stand at a ferry for rates,they must settle and pais on. Soatatrain. In tbe Tilley case, tbe Savannah. Florida and •irewsl ^“8mn * ' “ appeal to rather th in fro mu* commission wore not jestin t part when. In their first re inStl?.?!® t° tb'-tr deep sense -if re- jjjmty In the i-tcri the Iar,-»* j.. **”rea»pon And it will be ap-ofoundeen-eof relief that they »! f!~?.*/foar.right of appeal - in r- i.-v- ^“firom the anxietle* it a tribunal uow jjjyrdetj to be strictly of the lojt r*->- irt its biTf*?.* 1 !' Hr,t - h o member of the board “M tailed at some time to feel an oppre* 4itof anxietv, [JWy proceeding is Important, he- Kir ^-i-rihi r the railroads nor the public . - • i a:!-,rd to go on with Hi- .1 ,:l TT*®**!,not kti;< what they are to r»- P*7$ their constant mutual «•. Neither of them < A **j*llUboslogaBnornB intfitirs, •dS* 0 *** pric** without thi.-f knowl • tatxperienr** of tin* < ormnlsiior pmk«oconinimiiil on. How mm h «u 2J | jJgri«OC* - of a jury for a half Uj ®ritl*h law on t! if p ru ral -uh • khHma i.”^ "i-** on railway-, iron •• i m ■Otnt « itr .v t- j ‘fhenec#* - -:tty of the eMahlish-: tlonrin- fPEri 1 ' t ;nal to d**al ithi er- rauwiyquggll wai universally ac-, lilt: Ulll-J L.l-V, UiL kdiailll.U, X SUIHW *»*»«* Western got the benefit, and the people bad t.i suffer." In that cose, the objection being to the want of jurisdiction, tbe old rates were keptot force until the jurisdiction bad been austalned. Now tbe decree haa set tle-1 the matter, tha onus bas been changed and tbe new rate, are obseived as pnma facie correct. This may be farther illustrated. Tbe matter will not keep; the show will be over too soon—tbe business season. Tbe reasons for tbit policy art much greater, however, than merely to preserve consistency. They are really vital to the efficiency of the whole system. Tbe object of the 8tstc In establishing tbe commission was to have rates fixed by an Impartial tribunal. Daring tbe UUga- tion, which la the more probable rate, that fixed by a disinterested tribamd or by an ioUrasted? In regulating t monopoly, If either party is to fix the rate, why not let the commu nity or citizen occasionally try Its hand? It would fix them too low! The railroad would fix them too high! But In a mo nopoly, why one party rather than the other? A merchant cannot tell what prices to fix srlthout knowing this element—the rate of freight. We could expand this view, but on tbe whole, it Is beat to provide as quick a remedy os possible: meanwhile, leaving both parties to abide for a abort time the beet decision attainable. Tbe Ih itlsh d-cision ts finaL Really, the Tilley case gives an adequate •olutlon. Whilst tbe constitutionality of tbe act and the jurisdiction of tbe com mission was tbe matter in question, the court inspcn-lcd tbe rates. Wben these were established, the rates went on. not waiting foe final trial. The Tiller case illustrates another thing, also—bow delays can defeat tbe whole sys tem. For ten months the esse was pro- tractfd, although tbe State and the com- mimson ware ilaraya ready to try. Really, with this provision in the law, the State ami the citizens have a,-x>l fence; but tha ga!» liefog left opm, as well have no fence. We have always thought that parties claiming to be injured hy rulings of tbe commission right under the law as U now tt.v. 1-. have a remedy in the court*. H i 1 this meedyw the lev now etentle lew sally available. Hence are have favors* -:il - : VJ ., . . the Is - s Interslaw with Can. Toomba—HIa Views on the Situation,' Globe-Democrat, “I don’t know who I shall vote for," he •aid la response to a question; "haven’t made up my mind. I don't know which aide 'are the biggest thieves—tha fellows who are in or those wbo want to get in." This he said with a twinkling eye. Then be went on; “Blaine we know (a a rogue. If be wasn’t be wouldn’t here been nomi nated. Tbe North wants him because he is their kind ol man. They don’t want an honest man; he wouldn't suit them at all. If Blaine was an honest man the Republi cans wouldn't vote for him anil the Demo crats would have a walk over.” Of course to thin bla blood, and he got it from a chap who didn’t aeem to know patty from the bandwagon! Ssy! Ha! ba! ha!” —Commander Schley's report of the Grtriy relief expedition covers three hun dred pages ol manuscript, and will ba il lustrated by over two hundred photo graphic views. Tha use of photographs in officials reports Is a novelty, but Com- 8culey said that he did not want to neglect anything that coaid make tbe report clearer or more complete. A Good Many Failures, During the year 1SS3 there were 10,1 568 failures in business in the United States and Canada. Some ot these were big concerns, and some were very small. Failure is sorrowful business t^nny man, especially if it is his health that fails. A great many times 10,568 people fail in health in the course of a year. Many everybody laughed. 'T haven't voted aince '68.'' continued the old man. after a moment's thought and with a Hash of seriousness which was good to last him through two sentences; “but 1 expect I’ll cast my vote this time for the other fcUoir.’b^^^^^H Cleveland?” Yes, Cleveland. They tell some bad things about him,don't they? Say he bad something to do with a widow? I don’t like that. I kept my honor toward woman as well as man all my life. I was true to my wife, alt. I don't believe in bastards and snch things as they tell of him.” This was said mildly bat lertoaily. “Bat, General,” some one pat In, “CtaveUnd was a bachelor.” as aroumme tisw or it “ W I, why didn't he live like a bachelor and • gentleman, then,” qneried the old man. argumentatively. Nobody ventured a reply and he went on; “I reckon I'll vote for him, though. That thing was one of the vernal offenses. As a good old lady said tbe other day It la one of the things that the Almighty seems to pardon most easily. David did it, didn’t he? I. reckon, perhaps, Cleve land couldn’t help it At any rate, he didn't break any oath. We'll have to overlook this, although I didn't like It very well when I beard It, and I thought at tne time onr people might have made a better ■rieettan. Cleveland nude a good mayor of Buffalo, tbeyaay, and it taSm a pretty good nun to be mayor of s corrupt city. He’a been«iovemor of New York end dont well. Tbet'aeberd place. I believe I'd rather be Governor of h—1L It Ukes a nun three or fonr timet as smart to be Governor of a State like New York mu It does to fo Governor of h—IL” “How do yon think.the election is going, General? ' was asked as bautopped to In- d-:' •-- in one of bla Infections chuckles. • I can’t tell." he replied quickly: “I don't know how corrupt the peojile of this country bare become. It depends uj>on themselves unsblc to complete payment after the three months will be siren further time, by agrtelna to par our regular lavtaltmsnt Prtcss, suit complying with our Installment Terms ol payment. Should ttejr pay oue-balf the amouut due at three mouths, or make a large cash pa. ment. an equitable price for the instrument will be arranged. AH will M treated fairly, and charged prices In accord anee with tbe ttme required for thenuiehase. All purchasers under this special offer ere re quired to sign our usual form of Isaac con tract, and furnish refotenen as to their re- mpocslhUtty. Instruments will be tent on the LUDDEN & BATES’ SOUTHERN MUSIC HOUSE, 8 AV ANN AH, OA. GEORGIA, BIBB COUXTV-Whcrcas, E. A. BoanlmAn, Guardian of John L. Boardman. Ihaa made application (of Utters of dlamlMlon. Thii is to etta and admonish alt persona concerned to be and appear at the court of ordinary of said county within the tlmepre* ■cribcd by law to show cause, if any they hare why said application shonld not be granted. Witness my hand and official signature, this August 1. Ml. J. A. McMAN I'd, • naugl-lawiw Ordinary. ones County Sheriff Sales. f JKor.’-I \ I”M - < 1 »1 M Y — \\ ill »„• -old V* before the court house door In the town of Clinton, said Stale and county, on the fir Tuesday September during Jones, guardian of the property of William -. nrt’M and Minnie B Rutledge, has made . plli at'on for leave to sell that parem of laud In atld county, fronting on the road leading from Macon to Forsyth, and known aa the late famtlrrviidenc*of Dr. Wm. R. Bnrgess.de* ■eased, comprising three acres more or less, i This la to cite and admonish all persons con* cerned to be and appear at the court ofonll* uanr of said county on tha first Monday In September next to show cause. If any they jcan.'Wby said application shonld not be W itness my hand and official signature, this August M«H. J. A. McMANUs*. augtlswtw Ordinary. GEOROIA, BIBB COUSTY-Whereas W. R. Jones has made application for exemption of S rrsouaUr, and the same will be heard on ugust 7th. law, at io o’clock a. m. at my flee. This July l*th. IIM. J. A M« MANl’S, Ordinary. jytt Ure-ira. ir In I . NP lcga$ hours of sale, following described personal prop erty, to-wit: One black mare mule, one sor rel mare mole, one two-horse wagon, three head of cows marked with underBlt in each •ar, forty bushels of corn more otIcm nnd one thousand pounds of fodder more or lea«. Lev ied on as the property of Thos. J. Miller, by virtue of aud to satisfy one mortgage fl la i" sued out of Jones Superior Co’irt lu favor of A. H. Bahtin ft, Tfiee/J. Miller* Property pointed out In fl fa and when 1* \ led In }*»<*.•■- session of defendant in fl fa. This 1st Augus^ ML iBe seme time and place one motiae color*: 1 man mute named Nell i #. „ «i on«a the property of John J. Robert* by virtue of oo* mortgage fl falssnedoot ofJea» Superior Court in tavor of R. J. Tunu r v*. John J. Roberts. Property pottttfldoqt In tl fa and when levied In posst - 1. i..bmt in tl fa. This 1st August lvd. Also, at the same time and place one 50-saw O. \\. Massey Kx«elslor cotton gin, with feed er and condenser attached. Levied on the property of C. R. Carter by virtue of nml t<> ■tthfyone tl fa issued out of Jones .Supe rior Conrt in favor of Mrs I.lrzle Mi.s-.y,.*- ecutrix.etc., va. c. H.Carter. Property wBm ed out by plaintiff's attorney an l w hen Ie\ led In possession of defendant in fl fa. Tlih Nt August IBM. B. J. PHILLIPS. augS-law5w Sheriff Jems County. Ua. Libel for Divorce, in Bibb Superior Court. Fannie Fotti va William Potti.-n ai-p-ar- ing to the court, bj the return of the >b. n:r m the above stated case, that the defendant doe* not roeide in said eoanty, mad it farther tp» peering that he doe* not reside In the -State, or that hi* wherealiouts are totally unknown, It Is therefore ordc r< d by the court that service be perfat ted on the defendant by publication of this order once a month f.»r four mouth*, before the next term of this court, in the Maron Telegraph and Messenger, a newspaper published at Macon, Ga. Granted. T. J. SIMMONS, J. 8.C. F. J. M. DALY. Petitioner’s Attorney. A true extract from the minutes of Bihh Su perior Court. A. «. EOS®, Clerk. may£vlnm 4 m of them might lie eaved if they would JW -wr take Brown"* Iron Bitten, the great II 111011(1 • \ 9 * TALBOTT & SONS, family medicine and restorer of wasted health Words Fail -Word* tall ts expreta my grati tude,'' mji Sir. Szlbt Carter, of Naihvtlfo, Tcim. “tor the heacCti derived from Ayer’s Sarsaparilla. Having been aIBktcd an ay Ufa with Scrof. uts, my system as«iD«d aaturated with it. It cams oat ta Blotches, Ulcer., and Matter, Sores, alt onr m, bod,.“ Mr. Caster states that ha wss entire!, eared h, ths ass of AVER'S SAESAr.iuit.LA, and sine, diseoa- tinning Its as,, sight months ip>, ba has had no rstnrn of tbo seiofnlons symptoens. All bansfol Infections of tha blood are prompt!, moored b, this tsasqaaUsd sltsre- Uva, retrsoED nr Dr. J.C, AyeriCo., Lowell, Mass. Sold b, alt Draggbu; bottles far $5. Uuardims Sale VutYill* Lud. Macon, Ga, & Our Standard Portable Out oil Engine l^oller on oi* Wheels. S. S. PEHRAM. Minagcr. TALBOTT 4 SONS. Macon,