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THE WEEKLY CONSTITUTION". ATLANTA, GA.. TUESDAY OCTOBER 14 1884. TWELVE PAGES. A RURAL RETREAT. HESTLED AMONG THE HILLS OP GORDON COUNTY. An AtHuatlan at tb?? Form of Mr. EleUacd Peters Among Mild*Eyed Jsrseys and Imparted An goras, and Roaming Ov??r tbs Fields Redolent with Perfume* of Clover. EditorlalCorrespondence Constitution. Peters Farm, October 8.???It was a pleasant vision over a sick bed???the ruddy face and kindly gray eyes of Ur. JU chard Peters. Flcasan too, were his words. "Your fever is broken,??? he said. ""Now let me take you to my farm and build you up.??? The doctor, wise and sensible, was consulted, and homeopathic though he was, wrote a large prescription. Dose???spring water, fresh milk country air, cattle, clover, hay, goats, trees, butter milk, shady lanes, hunting and fishing???to be taken away from towns and newspapers. This was a smart advance???from pellets to spring pellets???from the infinitesimal to the infinite. ???One who went to sleep with fever in Atlanta, and awoke convalescent on this farm, can appro* date the feeling of the people in the Arabian Nights stories wbo were whirled across continents every time they touched a ring. Atlanta might ben million miles away for all we know. The horizon that closet in the woods over there and the clover field yonder shots in onr world. Our only visitor last night was an owl that poured ont it* soul in a ghostly quaver, and then whirled its way solemnly into the fcce of tho unblinking moon. This morning a mockingbird called and paid its respects, tlptlltlng on a swinging limb whose sap was music. As I looked outoi my window this morning a quail piped from the meadow. A squirrel barked hoarsely from a neigh* boring tree. A clucking hen with her brood of half-grown chicks, still shamelessly living by the sweat of her brow, loitered in the gnus, dodging the leaves that fell from tho trees, cast ing hawk-like shadows. Krom tink* lings, soft and low, I could trace the march of the bell wefilhcrs as they led tho An* goras into new pastures for the day. The cows were lost in unseen fields, and tho stables stood bare. A cheery voice of invitation wu lifted up the stairway. The confident and heavy tread of Essex-the strangely-named cook, who cannot tell you whether bis cognomen signifies tho breed of fiukes or .the breed of hogs, bnt who is the duke of the kitchen,and whoso muffins tempt his guests to make hogs of themselves, fs heard in tho hail* way and I descend to breakfast. ???Tho first thing alter breakfast is a walk about the farm with Mr. Peters and Mr. Ralph, his trusted and rained agent of thirty years. Loafing with these veterans is a most informing pursuit. "In this lot,??? said Mr. Peters, yesterday, as we passed through the inclosure where the Essex hogs are kept, "I kept three Essex sows that raised mo forty pigs in onefyear.??? ???The Essex hogs,??? said Mr. Ralph, "have hollows in t^em. I killed one in this lot that weighed 839 pounds after he was killed, and net ted 800 pounds net after he wu stripped, yielded seventy-nine ponnds of lard. I never saw hogs take fat as they do. I penned a young Essex once and put twenty-five pdunds of fat on him in six days???one day adding five pounds.??? Passing through another field Mr. Peters said: "It wu right hers that J. R. Wylie, our Jim Wylio we all esteem so highly, did his first work for wages. Me worked on this farm when he wu a boy and drew <16 as his pay. I don't know but I'm as proud of that u of anything about tho place.??? At a spring branch, he said: "The late Bishop Kl Uott spent mnch of bis time here. lie wu a great eonchologist and used to make Ephraim, a negro, dig In the bed of the branch with hli toes for new ???hells. Me discovered one that Or. Lea named alter him. Me said to me. 'It Is a curious reflection that after all my sermons,on which I have spent so much labor, are forgotten, that my name, which otherwise would die out of human remembrance, will bo kept alive by a shelf turned up in this branch by a negro's toe*.' " Mr. Ralph uid, touching tho,drouth, "It can' hurt ns this winter. Tho lut season wu so fino that wo havo every barn and every building crammed with hay and bay-ricks standing in every field. We have considprably over 200 tons on hand.??? Mr. Tc tern said: "Wo all com plain of the weather and can't see the wisdom of it, but I confess, In the light of forty years experience, that if I could turn on the rain, u I do a sprinkler at home, I couldn???t havo managed It so well for this one farm, year in and year ont, u it has been managed. So I take the weather without complaining. I know it will come all right in the end.??? In a meadow near tho house yesterday morning ??? wu a flock of fifty young Angora bucks, gathered lor shipment to fill on order from Texas. Dainty young fellows they were, with their white and glistening ringlets, their bright faces yet un wrinkled, their curling horns, and their kid-like archness snd audacity. They wheeled this way and that over the meadow, in Jaunty phalanx, as if moved by the capricious impulses of tho mom tog. Suddenly a group of Jersey calves, pretty and fawn-like, huddling together awkwardly and tim idly u a lot of school girls, advancing shyly and irregularly, but all so Innocently, came over tho bill and halted In full view of the white phalanx. There was mutual surprise and Indecision. The Jerseys shot their pretty ears forward and gased without a blush on the strangers. The phalanx caught up suddenly in the, midst of an evolution and stood , poised and watchful but irresolute. Suddenly the calves moved forward steadily, but still leaning bashfully sgainst each other, as if for moral sup port. Tho phalanx wavered slightly beforo tho wide-eyed and innocent advance,when two kids of courage and address, pushed through the fleecy ranks to the front. Halting directly in front of the foremost Jersey, an unformed but not ungrace ful maiden barely in her teens, so to speak, they reared into the afr, whirled their ringleted bodies around rapidly and dropped their front feet de cisively, and presented horns with an air ol groat determination. Even tho most Innocent of Jer seya could not mistake this impolite and defiant attitude. A hurried conference was held and tho kids were evidently voted too horrid forhnythlng. Up went the pretty heads in fine disdain, off sbo tho Jerseys to the left, and down the flank of tho phalanx they went, boating the wind with their heels to the most tontemptnous man One year ago Mr. Peters sold 100 Angora kids for f40 each, or84,000 cash for tho lot, on the farm Me has just closed a trade tor a second 100 at the same price. This, as did the other lot, goto Texas. He has also just sold to a Texas breeder ton Angoras for $600. In Texas the Angora fever b high. Goat culture (to capture a word lately much abased) is rapidly taking favor there over sheep husbandry. The policy has been to grade up the common goat with Angora bucks, and many flocks of high grades number by thou sands. The decline In sheep's wool, with other causes, has combined to pat sheep to dis favor. Wc Imported last year ton milllOD'pounds Jo! mohair, which is the commer cial name of the fleece of the Angoras, so that there is a large field for native fleeces. The mo hair brings sixty cents a pound, and a flock may be counted on toavenge three pounds to the goat and oftencr much more. There Is but one man to Georgia who has gone into the business rcgnlarly- ??? fanner nr Murray county, who has a flock of shoot two hundred grades. D. Freeman, of Chat teogs, la Just beginning with a few. fine bucks to grade up a lot of common goats. Mr. Peters has the largest flock of pore Angoras to America, and it has frequently put the balance on the right side of the farm ledger la hard year. ,v Tbcae old friends,??? he njr, "never fall me. Come drouth or bull calves, or any other evfl, the Angocas always pal me through.??? Mahomet, the head of the flock, is an imports goat, Me came from Central Alia, and rode thousand miles on a camel's back. He corill,O')) ffl gffU, end this fact so fired my fagffnalfPB wttn I firvitwdof It that I wrote his hhtdTY and calkd it "The Costly Capricorn or The Thousand Dollar Bill.' has tho .most villainous ^ face. A million debauches have writ their shocking story across his narrow brow. A million wrinkles have furrowed his sensual Jaws, and into every wrinkle the ashes of a fierce apd irregular life have drifted, dulling its. outlines, but deepening its meaning. A dull fatalism.burns in his introverted eyes,where once the light of Asia flamed, and Dejection sits liftless, where Desire once hung itsflaantlug banners. A wisp tf ancient hair, tho one sign of the brave gaycty of his youth, still left, straggles above bis brow sr funercaljnoss above a tomb For the reft, It looks as if some one In contempt of his character had spit tobacco juice from the base of his horns to his pendulous chin, and tho insult bad stuck. This deadens his weatherbeaten face to the last degree, so that framed in the obelisk It would pan as the finest antique of the lot. hornet's face haunts me," I said, as we talked of the goats last night. "What a world of regret is shut In between his ancient horns???? "What he regrets most, I think," said M. Peters, "Is the loss of Ills religion.??? ???Every afternoon I go down to see the cows come home. From the meadow to the milking, they come in rambling haste. Way down tho shady lane a puff of dirt arises. Tho cloud deepens until the view to closed. "The cows arc coming,??? calls some ono. From tho rolling dust emerges the horns, the head, tho flanks of a Jersey. Ono after another tho cloud gives them forth, embodying rapidly, until the herd stands revealed. Up the lano they come trooping, the dust dood hanging about their flanks, and atlll enveloping tho centaur who speaks from the unseen with hto pistol-Uko whip and hurries them on. A charming sight It 1st Tndora, stately queen of tho herd, leads the way. WJth head uplifted and swinging pace she wheels into the wide gate, the aroma of the clover hanging all about her, aud the peace of the meadow beaming in her eyes. After her tho herd???Jerseys all aud every olio a Jewel???pressing in slow tumult through tho gate, bringing in their rich udders tho emence ol the rifled pastures, as honey beta bring home the stolen sweets of tho flowers. Once in the open lot the herd disperses, and each cow wends her way to her especial stall. Then begins the milking. Osceola, a colored man of great dignity and reserve, with hto hair done up In cotton-string curl-papers, to f u charg of the herd. For fourteen yean ho has boon trusted and found worthy. Mo has hto assistants, who place the huge milk cans, each with its strainer, at convenient Intervals through the barn. Tho assistants then with cans of clear water wash the dusty udders and respectfully retire. Then Osce ola's time has come. Adjusting hto white apron, he leaves the crowd whoso questions he has been answering with caution and hauteur, aud septs himself by tho Rido of the first cow in the first row. Milk? Well, I Just wish you could seo him 1 With two sinewy hands aud a rotary motion, tho head thrown back, the foot beating time, and the milk fairly hissing into the pall, in two . big streams. Three minutes to the cow, and with fino energy and abstraction, he moves from one stall to another, filling the big milk cans as be goes. Picking out a hall dozen favorite cows ho milked 13)4 gallons lu fif teen mlnntcs, on a test, and some how or other left tho impression that ho hadn't half done hto best. From 100 to 110 gallons to a day???s milking and It is cow???s milk too aud not milkman's milk. Osceola and hto assistants carry tho cans to the dairy, tho cows take a rest of an hour and are then turned out for the night. Osceola, then off duty, drops hto dignity and leads me into tho midst of a covy ol patrldges hsrd-by, or turns squirrels to the near side of tho tree, that 1 may mmder them with a shotgun. ???I take.great Interest in the churning. Tho dairy to a coo), cemented room, whtto and clean, with perfect ventilation. Suspended from the wall are long shelves on which the creaming pans are set. 7 ho milk to poured into these pans, and when mantled with a rich yollow, this yellow cover is taken off by the fins, true hand of the dairymaid. Mr. Peters thinks he has beaten ail the patont creamer?. By tho way, 1 wsrfglad to find that the name of tho dairymaid was Be sc. Of conrao her name has nothing directly to do with the butter, but It does seem to me that a dairymaid named Rose can make better butter than ono named Calodony, for instance. In Mko manner I know that the dairy maid's hair ought not to have anything to do with the batter (and In this case certainly does not), but still I wu glad to note that Roco has auburn hair, that whenever and wherever a sunbeam touches it sparkles Into red. Similarly I was glad to seo that her brow wu fair and unclouded, her face frank and pleasant and her arms white and shapely. Even about so gross a thing as veal pie, Sam Weller, the philosopher of common sense, said: "Your love for veal pie depends on yonr confidence to the woman as made it,??? There good deal of sentiment and great deal of common, sense about bat ter, and especially golden) Jersey batter. I confess therefore that the thought of this. dairy maid with her pretty name, and^ier white brow and her amber hair???this Rose, so shy and silent, so tidy and so decorous, with her peaceful face and her lithe form,lending over the milk pans, skim* mtogoffthe mantling cream, or swinging the throbbing churn???tho thought of all this. I say, gives the butter moral stamina, so to speak, and idealizes it. It comes In direct progression. Tho scented clover-field, themild-eyed Jersey* Rose, tho dairymaid, and tfie delicious product, spring like to Its quality, and u far from coarseness u the dfcw Itself. Tho churn that to used In the dairy to e curious ene. It bu no duher, but to hung between ben, and the butter to made by swinging it to and fro regularly. The butter comes quickly, gathers tho centre snd exhausts the butter-making power of the milk. At each churning about twenty ponnds to made. The butter to packed for market In one pound pots, wrapped In cheese doth, end to literally as yellow as gold and fragrant aa clover blossomifUMir. Yesterday I was standing by a table in the dairy and noticed a score of pans containing clabber. Cool, unbroken clabber with yellow clots of cream wavering the white surface here and there. ???What are you going to do with this???? I asked. "That? Ob, that goes tbeptgsl??? "The pigs???? "Yes.??? "Then give me e spoon and show me???the way to be pigpen.??? ???I wish all lovers of Jerseys were hero with me. We have Jerseys to the right of ns and Jerseys to the left ol us. The milking herd numbers about 18, in more or Isas milk. Thera are asoore of young heifers, a dozen young bolls, a big bunch of calves, cows with young calves, cows in retirement, and the bulls that rule tho herd. There are over one hundred Jerseys on the place, everyone ol the best blood, registered, and carefully bred. Mr. Peters has bred largely to Signals, and now has a uperb Signal bull. He has lately turned to it Hellers, and has a young St. nelitr ball that he thinks the finest animal ha aver owned, and sev eral picked 8t Heller heifers. Nona of hto cows have been tested for record, but many of them make two pounds of butter a day when in full milk, and a tew have made over three pounds. The Jerseys are kept in separate fields, according classes, snd afield to Mr. Peters with hto pets all times of the day. With unerring Judg ment, he advise* Mr Kay, hto farm mana ger, points ont Us promise la this animal, orth weak point to that, and brawls so as to emphasize the one aud wipe out the other. It to hto purpose to have hto herd stronger fa blood ami quality ev ery year, almost regardless [of sacrifice or ex- to .wondering ia I write there lines what life to better than this. Here to quiet, sod peace, and abundance. Here to rest, and nature, and health. Here to energy without conflict, work without pernios, success without envy* * But here is ennui, rays some one. I think not. Certainly not within the week I have spent here. Iclcee my tyta and tot pass to review the pictures that I will carry beck to brighten my sanctum daring the winter's work. Tbe*$ are the bunting barns and tf* plethoric hay ricks. The Augonu, golden in the sunset; against the green background of for est. The purling branches and the up- gushing springs, above which tho dragon files pulro uneasily as A a dream. Tho quail piping to the deep grass for tho oovy scat tered by the gun. Tho long stretches of brown clover, dotted with perfect cattle. The mocking bird, whoso rich music overleapl Itself as it poured from the lavish throat. The chickens hiding in the gran, and the turkeys roosting, black In the moonlight, in the trees. The squirrels dialing each other through tho darkening shades of tho forests, or stoning hickory nuts lu tho earlier af ternoon. The deep and dim recesses of the barn, redolent of dover, to which the cows were gath ered. Tho figure of the master of all this, erect and easy, with broad-brim and (luster, standing on some hill, so fixed in tho sunset that he almost seemed diaphanous. The country roads, winding this way and that, through field and forest. Tho tide at night, past cabins that seem dead, they are so still, and past barnyards In which the sleepless gectamove like ghosts through the moonlight. Aud abovo all, the owl, that nightly hides in a clustering tree, and as somo disembodied spirit, from that impenetrable depth, issues its plaintive inquiry, until I fall asleep, and the still repeated question sinks into my dreams and fills them with the larger Inquiry as "Tn-w-h-o-o-o Tu w-h-a-a-t??? I really am. Eo my doctor will see that I have taken his pro ???cription, not fa homeopathfe doses, but with the allopathic largeness and freedom he wisely indica ted. And I bring home a lot of U bottled for fu ture use, I only wish that overy fevered patient to the land might find good people wbo would of fer to himor for her, what has set mo up so com pletely. But there's a heap of fever, and good folks are scaroe. IL W. O. CUTTING OFF A THIGH. How a Convict Was Relieved of a Trouble some Member Ycsterdny. Did yon ever see a man???s thigh cut off? Not a man who has been run over snd half killed by a train. But did you ever see an appgrently well man put to sleep with ether and hto thigh cut off as coolly as a tailor runs hto shears through a piece of ucw cloth? ??? You never did. Well here to how its done. Yesterday an exceedingly Interesting operation of that kind was performed by Dr. Wil lis Westmoreland, assisted by Dr. Dan Howell and several young physicians at the At lanta mtdical college. A Constitution man had a comfortable seat high up in the tiers of tho am phitheatre. Never been In the amphitheatre? Weil you onght to go there some time. Tiers ol scats run around In aclrclOland in the centre to tho "pit??? approached by a narrow hallway, lu this pit stands the surgeou and bis assistants. 1 here Is tho surgeon???s table on which to a mat tress, pillow, etc. A few unimportant cases were shown, lectured ou aud then tho rilverturired old veteran of operations innumerable, dismisses the last patient and turning to hto audience an nounced that the next thing would be the ampu tation ol a thigh. A door opens and down the hall and Into the "pit??? pass several men bear ing tho patient, already under tho inlluunco of ether. The sleeping man was plai cd off the sur as??? table. A blanket eras thrown from over NO-FENCE LAW. THIS MUCH MOOTED QUESTION CAUSES A CONTROVERSY. Lira, and on hto left leg, back of tho knee, so to speak, wot a horrible sore nearly a foot long, run- nJnijBpwajdfrom tnecalf of btojeg. U was in- WO _ r Jto leg. 1 curable, aud was fast eating Its way to a blood ves sel, which when reached would allow the man to William bleed to death. The patient ' from Morgan county Smith, an old convict . . nut in the penitentiary on a time sentence for anon. Ho has lately boon at Lock ett'a camp. The wound was tho result of a burn when tho negro waa a little boy, aud he is took an clastic in hto hand. It was a long atrip of rubber like an Alabama sling, except that it was an wide os a man???s baud. It was wrapped arouud the patient's toes, then wound nruuud nis foot, then on up hto leg and thigh to the trunk. "That, young gentlemen,??? said the doctor, "to to drivo tho blood up Into tho body and save it to the system.??? Then the tourniquet was put on???a strong cord around the thigh drawn so tightly that the bhwd could not pass under it into tho leg. Thus the Wood was dammed upJn the body. Then the rub ber bandage was removed and the leg was ready for tho knife. At: the negro'a hood ware two young doctors administering ether, aud another stood at hto side with bis Augurs on tho negro's pulse.. A young man camo Ju with a large valla* on which were a number of keen Waded and murderous looking knives. u?? Wcstmorchuid took up a ??? * ???nchea long. Cashed * ??? * Editors Constitution: \yill you allow me space to review a decision ol tho supremo court so extra ordinary audio far reaching in its consequences as to startle all citizens of a republican govern* ment. If it to to stand as a precedent. The decision as reported in Tiut Constitution is as follows: Skrine ct a), vs Jackson et aL Refusal of Iujonc- tfou, from Richmond. Election* Ordinary. Fence. Government.''Constitutional Law. Quo Warranto. Injunction. (Before Judge Roney). Blandford, J.???1. Under tho act ol 1872 (code, section 1449), the ordinary to required, under cor. tain circumstance#, to order an election to deter mine the question of "fenco??? or "no fence;??? tho returns are to be mado to him, and lie to required to examine thorn and decide upon all questions that may arlso out of tue elec tion, end proclaim the result. T his to a pert of tho political power of the state which the legislature has neon fit to confer upon the ordinary; and without some authority vested ???v. ui iuu uiwuu ui iuu unuuirii and it seems to have been contemplated that hto action should be final iudcauduslve. GOG* 238. (a). Neither the common tow remedy by infor mation in tho nature of a quo warrauto, to appli cable to the tace, nor to there any statute author- izing the courts to inquire lute the legality of such an election. McCrary on elections, *221, 222, 288: Naar, lufiragcsnud elections, 230; Freeman et al. vs McDonald et al. (February term, 1881.) 2. 11 the courts had jurisdiction in such a case the remedy should have been sought before the or dinary had acted and tho result had been pro claimed. Alter tho ordinary had decided the questions beforo him and proclaimed the result of tho election, it to then too late to seek redress by injunction. Dyson, ordinary, vs. Tope, (8cp- timber term, 1883); Freeman et al. v* McDonald etal., (February term, 1884). Judgment aflfnucd. Hook and Montgomery, for plaintiffs in error. J. B. Cutnmlng; J. Gaualil; Frank II. Miller, lor defendants. In Justice to the court and to counsel on both sides, it must be remarked that this Is a closer de cision, placed upon a ground not made by plead ings or argument, or hinted at by the court itoelf during the long argument of the case. Apparent ly an afterthought ol the court lu their anxiety to escape a decision upon the "magnitude ol tho question.??? to quoto language of the culef Justice, used in the course of thusrguuioot. Had there Wen anything in the point upon which tbodcslon to rested, it Is hardly supposablo that it Would have escaped the attention of luoh sMUte counsel aa Messrs. Gauahl, Mtllcf and Cura- l. lug, who represented the defense, anyone of \ t.Mii, it la no disparagement to the court to way, 1: the legal peer oi thu ablest of the throe Judges. but to the decision. Is it true that the legislature can creato an irre- si onsible law-making power whoae ukasesare as unalterable by that power as were the laws of the Medea and I'cnfnuM. and nro too sacred for tho courts to review aud set aside If found in cuntltct with tho constitution, or to have bceu illegally adopted? Confessedly, the legislature cannot promulgate such a law. Cau water rise higher than its source? Judge Coolqy says "where a debt or penalty or . forfeiture may beset up Against a person. tho deter mination of hto liability becomes a judicial ques tion.??? Cooley's Cons't Liu., 603,3* , Ml. In order to undentaud the cose under ravJow, I will state that it was not an appeal from ie Judgment of the ordinary, whoreoy it was >ugLt to review and reverss hto decision. It was a bill to enjoin private persona, who, tho sw urn bill alleged, and the answer did not deny, threatened to (Lillet a wrong upon complainants BOV fa l In the ??? mrge flap, and point Into the sh J townward, TheL L rent of the leg, Just abovo tho knee, theu up ward opposite the slit on tho othor sido, aud then under to the beginning point. Then tho leg skinned upward to a point opposite the beglnui thus securing the flap. "Jlow is bin putoef??? asked tho doctor. 'It???s all right,??? replied the young man at the helm. The leg was then In shape for the fate strokes that would carry the knife to the bone. The doc tor shoved up hto sleeves and with null Inching coolness sent the blade into the flesh cutting it to the bone. He then shaved the bone off aud tho leg and thigh was taken away to be dtoseeted Inter on. The atump waa dressed, the doctor took oil his apron, washed hto hands, put on hto coat and in a moment was dashing up tho street behind hto spanking blacks aa though nothing had occurred. T he negro was doing well last night. The patient did not lose two ounces of bloodby the operation. With everything in his favor he will ho well in SEEKING AN OUTLET. The Teoplajtt Dublin Determined to Hare n Railroad. Dublin, Ga, October 9.???[Special.]???Ponuant to a published call, a large number of the citherns met In the courthouse yesterday to take meas ure# for building a railroad to Dublin from some point. The route to Wrightsvllle was discussed at length, and tho advantages of tho ronth (via Jeffersonville, to connect with the Central or East Tennessee, Virginia and Georgia railroad,were also presented. But after a long debate the meeting declared the route to Wrightsvllle to connect wltn the Tennelle and Wrigbtsviile road to be the most feasible* Committees were appointed to confer with the Central railroad, and Tctrallle and Wrightsvllle, in order to consolidate with the lat ter and get aid from the former. road company. The subeuiptions earn# In slow and in small quantities, owing to the fact that the merchants ... B. Thomas, the superintendent of the Tennlile and Wrightsvllle rood, was present, and encouraged the meeting by stating that If tho peo ple would raise forty thousand dollar* the Central railroad company would do the balance, he was confident. Late in the afternoon the amount subscribed being small and many of the stockholders having returned home, the election of the officers for the road wu postponed until next Monday. T he people of the county are anxious to have a railroad, and will do more now than they were ever willing to do iu the past when a move to made that will be likely to result in bringing the road to the town of Dublin. Thou who wish a load from Macon to Dublin should boon the look out now, because If the road to WrigbtsvIUe foils orsmeesa, Dublin will call on them for aid to build a road to Macon. By connecting at (iris- woidsviUe nr Bullard???s all the expense of a river bridge and depot In Macon would be obviated. The weather to tremendously dry snd the mercury stands above 96 in the shad* A BRAVE BNOINBER. An Accident on tha Memphis and Charles ton Railroad. Chattanooga, October 9.-{gpeciaLHThe seat bound Memphis and Charleston passenger train due in this city at 6:90 this morning met with a frightful accident at Bailey's station last night The train was going at the full rate of speed when ft ran Into ten box care which had ran down on the main line from a side track. The shock was terrific and tbs passengers were thrown from their seats (oily twenty tret distant, many of them be ing badly braised. The engine turned over with (far brave engineer. Boh Tenner, and the fireman, John Mansfield. They were taken from the wrack olive. Tanner to badly hurt Un could hove es caped by jumping out bat remained on hto en gine trying to break the terrific momentum. tr, received i were do- Renting. Carver and ffoganfus. Na-hyxlle, Tenn., October 9.???In the shooting st the fair grounds to-day, for the benefit of the Porter rifles, Andy Meador, of this city, beet the record of Dr. Carver and Captain Beprdo* break ing 94 day pigeons at 18 yaMs rise. The best record heretofore atuioed rum. 1. It was unconstitutional. 2. It hud not been adopted In the way provided by the act itself. It was unconstitutional, It was uiged, because it authorised the souuro ol complainant'll stock without pro viding ??? mode for corapenmtluif the owners, If uujnstiy seised; that, though there was a ptovlribu for the lsnd-owuer???not stock- owncr???ftuininoulniCbto adversary before a msgto- irate, who wss to Inquire into and award dauragjs lor the injury to tho realty, yet It did not author ize him tuglvc damages to tho slock-owucrs tf hto stock Pud octn unjustly seized; neither did it allow on appeal from tho Judgment oi thu irate lu thut court to a jury, and it required tno magistrate to summon tha stock owner to a special court, damages to tho realty irrespective of amount, toi>sue executions therefor, and allowed uoap peal except to tho superior court, If tho amount was over fifty dollars. All of wblch .lt was lu- sisted wss "iucoufttotcnt??? with the ooustltutlon of 1877 as found Iu codo (of 1882) section 6163 and ??? .. ????? ^ 0 private property ilatlvo ouactmuut except 6016, os to one ponon cxesclslug functions of two fhc ordinary to certainly a "persou^dJcffirsfiig * those department* it the court mean by "political power??? each ns is conferred upon tnnniclpnl corporations???not upon one person, observe???are wo to understand them as averting that if those corporations light . , exist the court must frame one. Code, 22??, *2304081. Had tho legislature undertaken to give effect to the act directly, the mode of its passage could have been Inquired into and the act would havo been declared void if that mode was not la accord with the ooustltutlon. ^utJM Codeoi '??i3063, 6073,3816. ??? ???. . epoley. 185, 141; 45 Ga., 381-2. ... lt If tho court moon by "political power,???) polloo power, the New York dccctolon shows, "no such authority can be invoked??? In this case. it was an attempt to exercise police, not"pollt fcaI???T"Wcr. Cooley, 572; et. sen. . An In 'ance of tho exercise of political power Is the jntk???ng of a treaty by the president and conferred upon the lost name., . eon holding a Judicial office, unless expressly __ tkorized by tho constitution, tho delegation ol the power to void. Code of '82, |5015. , _ W hen exercised by congress it to a part of tho legislative lower. 7 Wallace, 700. The nearest approach to its exercise by tho courts to under tho writ ot quo warranto When inch a writ wss brought by one claiming the ??Hire of governor of Wisconsin against the in- cumbcut, the argument for the latter urged that the JudicitiT had uo jurisdiction. Cooley com ment* on this thus: "A strange doctrine in this country of lawaf but which, of course, received no countenance from tha able oourt to which It wss addreksed.??? Cooley G24, n. 2. The supreme court of the state of Georgia aaya: w e "esnnot go behind the returns," even to adjust contests between private persons, not as to wtto shall hold office, but as to tho validity of a law vitally afleutlng private righto. Ififll t un the legislature do indirectly what they are prohibited (rom directly doing? II they < jin..iheri they may pass a law giving all the properly of the country peoplo of Rich mond county to the city of Augusta, end mako the law take effect in tho same niauncr as uow provldca,for thef stock tow. / | tu m i mo ruuii* Will uvunraiuvau* ie ordinary and voters depart from tho mod* prescribed, no power ou earth, say tho ??>u- prime court, cau iutcrlcrc. If oroperty can thus be put at the merry of an irehnonslhlo county officer, without redress, so cau life and liberty. All are protected by the same claiuo of the mu- ???titution. Code of r 82 section 4991-5-G 49, G*. 286. Again platntlfls have not had thoirday in court. As stated the decision Is rested on a ground not hinted nt ou the hearing' bp court or counsel; aud tho Judgment affirmed on tins ground. in the cose of Ilsrrtoon vs. Nixon, 9 Fetors, 4??*' ????????. Justice Baldwin, dissenting, says (after Invoking tne principle that where an 'objection ???*??????/."ri*?? ' uuii ?? an, ,11 Miu,ic)iiwiuaw vmjiuiw ol its jurisdiction, render a Judgment of roverssl ou any ground on which they would not he boom! to hear coutiscl (alluding to tho princi ple tbst counsel will not be heard in a court of review on an objection not mode below.) It is a great hardship on parties to lutve tttelr Judg ments, in tnsidu on technical objection*! nitocd at the bar, hut the grievance will In come intolerable if tho course ol the court should bo saca as to do it when they are first suggested from tho buueh." And ytt a reversal only gives a ucw trial, not contrary to the principle that private property S nnot tie taken by legislative enactment except r public purposes, aud not even for that purpuao uulosthcsct condemning it coutaiucd within Itself provision for compensating tho owner for anydamsgche might suitor from the seizure of bis property. HedgewlcK on RtaL and Const'l Law (od 1867) 614, 515: 40 (is., 48; 63 Ga.. 122-3. The chief Justice admitted that this feature of the law was Inconsistent with the constitution of 1877. Theargument wss then pressed that inas much as the act, deprived oi this feature, provided lor tho seizure of private prop erty, without providing any tribunal K assess damages there for, If damage should bo Dieted upon th# stockowuur, the remaining Iiortfon of the few was unconstitutional, to say nothing, the provision of the law itself requiring all ol it to be adopted, or none, ike ( ode 1449. Cooky (3d Ed.) 186. Opening, ss we are Justified in doing, inas much as tho court shrank from "tho magnitude of the question,??? that there was at least phuutblty iu tho araument, were not plaintiffs entitled to an opinion as to whether it was sound under tbAt part of the con stitntion which guarantees protection to life, lib ??? eriy and property, and forbids the citizen to he deprived of either without dno process of law? the supreme court of New York In Taylor vs- Forter, 4 Util HO (and thecooe but voices tho do cislons of all the states, save Georgia) sav "tho same measure of protection against legislative en croach* ent to extruded to If/e, liberty and property, snd if the Utter can be taken without a forensic trial and Judgment thereto uo security for the other* IfihehsrU* latureran take the property oi A and transfer U to B they can take A himself aud shut him up la prison os put him to death.??? Aislu the supreme court ol New York In Rockwell y* Nearing. 85 New York R. 307-8, (now called court ol appeals) a case substanttolly iden tical with the one in review, say. "The question whether the act to valid so tor as* It relates to the seizure and rale of animals running at large In a putdic highway to not iuvolved In the present ap peal. That issue might well beoootroilei! by con siderations connected with polh* powers oi tho government No such authority esn be in voked fa support ot its provisions uo tar aa they relate to the seizure and; couth/urim of animate found on the pr?? rubra of the captor, as a punish ment for a private trespass, fro tor os the act In qnestio# relates to animals trosspassiug on the prenmes of the captor, the proceedings it author- fz*t have not even the mocking semblance of the ^lUrrreond attack made npon wss relied on to justify the tbre was that its provisions forgiving is cucut iu ?????,/ given county had not been compiled with lathe steps taken to put it in force In Richmond. 1 be exhibits to the blU showed that various pe titions were pnaanted to the ordinary on Novem ber 15, 18*3, for an election under the law, signed In all by ninety-three freeholder*; that three petition* were oil worded alike, asking lor an (lection under the law; that counter peti tions signed by one huudred and sixty eight free holders were duly filed; that no supportin'/ peti tion wee filed, unless one of those fifed on Novem ber 15th could be treated as such*. Tho ordinary ??? order calling the election named for tho city ol Augusta, embracing hmr militia districts, the city hall as the only place for bolding the election for the en tire city, It was shown by affidavits that th# city, hall was not the "court ground" of even one of the militia districts embraced in the limits of the city. The election waa held where ordered. Hence It was urged that the tow hail not been compiled with; that the ordinary was by the law constitu ted a tribunal for a speHal purpose, with limit* I JertedJcttou, and that th scion everythin? must r ou the record to give him Jurisdiction; aa the record showed on its tom that tne prerequisites had not been complied with. This argument, we are alao justified in vanning bod some plausibility, and the court have not met ft. They tell ttethsc the kgtotoCttre has seen fit in confer "apart of the political poweroftrw srate??? u^n the ordinary, and theccurt* havejaoJnrto- dinary.??? finally affecting the rights ol any lltigout. An affir mance, generally, estoje forever thu party ugolnat whom the Judgment to reudered. What to tho jplidon ol tliu whole court where tho controlling |H>lnt In tho case suggests Itoelf after tho argument h closed und tho Judges have retired to consider tho cure is shown by the esse of Garland v* Davto. 4 Howard, 243, (see alto 10 Fetera. 321), wbere.oron when the point seemed to require a reversal, tho intention ot counsel was called to it and a rehear ing bad Inline the court pronounced Ita decision. Thetunremo court of the United btataa seems more diffident of its abllitv to decide quodions coirectly without argument than does the supreme court ol Georgia. But to Mutalu themselves In the revolutionary prtrlnu announced the supreme court of aetrite, cite McCrary, p. 221,222.223. The authoruot only don. noUu.tiifn thou, bat lays down precisely thu opposite doctrine. lui r-ucu '.'.t ho to discussing the right of subordi nate legiiijativc bodies to Judge of thu'election of snembtrs of tbclrowu body. He seys,"Anox- andnatlonof tho adjudged canes In this country S ill show that the jurisdiction ol tho oourt* to quire Into the regularity and tho vaildltyof tJu:lnm,-a Jurisdlrtlhu which belong* to all courts of general and original Jurisdiction, to not to be regarded os taken nway by nny merely lie/- stive words. Their Jurisdiction remain*, unless It sppesra will* tfucqoirural certainty that the leg* islaturu inti uded to take it away (l)liloii on Mu nicipal Corporations, Hoe. I II). It follows that a charter provision that the council of aelty shall bo judge of tho election, qualification* and return* of its own members, does not oust the courts of Justice of their Jurisdiction. Tho two tribunals have concurrent Jurisdiction In auoh a emu; but If tho provision be that no oourt shall take oogntoanoe of oases of this character, or that the ( ohm il slmll bo the sole and cxeliulvo or final judge, etc., then the courts are shorn ot their power iu the premise*??? Keep iu view that Uie esse was not a contest for a teat in a legislative body. Again on page ???Ul tho author rays, si caking on ibo same subject: "The Uuo doctrine seems to las that a special remedy given by statute to cumulative, aud notexoluriiro u!lh?? ordinary Jurisdiction of tho courts, unlen thu usuUcsi intention of the statute bo to mako such remedy exclusive, and such Intention must be manifested by affirmative words to that effect. ??? Making tho violent assumption that the attempt as the kw provides 8uch action will certainly be met\ by affidavit ol Illegality. .Already has a man iu Atlanta been non- titled beforo tho city court under the criminal tcction of tho act. When ho hto case beforo the supreme court, will that tribunal say they have no Jurisdiction to hear any objection to the constltutionalfty of the law, or to the mode of ita adoption la Fulton county, tf H)P< ??? 11, ??? ?????? U ????? ,am . 1 have too much respect for tho character and intelligence of the three gentlemen now occupy ing rests upon that bench to bcllove that they wfll edlicro to tho decision under review in faeo of any sort of an argument against its soundncM. If I prove to be mistaken iu this, it w ill but show that having said thu hor,o wu* twelve feet hJgh, their pride of opinion will forbid them from correcting the grluvou* error into which they havo hastily fallen without due con sideration and without argmment apou the ques tion. Let us hope that this additional proof of thu correctness of the charge made about a year agi flfnliiSt tho court by tho Albany Law Journal will bo counteracted nt the first opportunity. When some preposterous proposition was submitted to Urat jqjrrnal audits opinion Invoked a* to ita sound- Its reply, In substance, wss that no court of no personal feeling tows whoso decision 1 have critictoed, severely criticis ed; It may be my relations with them personally, have been and are of tho kindliest nature. But my Clients havo been, ss I conceive, most unjustly dealt with, the reputation ot thu court lui* bceu lowered, aud republican government itself Jeop ard izedjf the deetolon criticised to to stamiasA precedent. Thera to a time to speak, aud a time to do silent. In my judgment the falsity of tho principle which tbo decision scoks to/wtabl to:i should bu proclaimed from tbo housctoi*. Augusta, October 3, 188L \\, \V. ItoNTGOWKIir, CONSTITUTION TRADE PAPER. at ft to no* Let tne repeat that there waa no tea* before the court seeking to reverse the judg ment of the nrdtnur. It vus roatewt between private elites???, the fiefradonU oresrttnc the right to setae the property of complainants, watch tit ht the latter contested. Bet wh*t to "the political power of the govern ment???? Lawyers undentaud what the executive, the togUlative and the judicial powers are. If "political power??? to u*M aa a generic >rm emanrfDg ml), or er*n twa . f the first named, what becomes of the ornate- rational prohibition found in code of *82, section whtre .it! tlic.nlmi*Tiro~wurrt. In%. iteOV denying Jurisdiction to tho coortsT Fage 233 seems wrongly cited. Certafaly ft contains nothing which In tho remotest manner sustains tho doctrine herein animadverted upon. Noer, on sail rages and elections, aUo cued by the court, entirely falls to sustain tbo novel doc trine operated by them. He. on f?ie page cited, to *1?? liking of the "method of trying mo writ of quo warranto.??? Nothing to uldun the whole page which con he tortured lut?? an expresteon of opinon that tin Ijitdlrfitl power has not Jurisdiction to para upon tin validity of a law, no matter how hour ht IKioto It, much fees I* any hint given that urta havo no such Jurisdiction In casos luvolv- >>nt n congress attempted to play In the hands of tho president "the political power to de prive men of their live*, liberty and property the court* were prompt to assort their Jurisdiction, though exprosiy denied to them by the act* and to lescuo tne victim. Griffin v* Wilcox, 21 Vnd. 370, Johnson vs. June* 44 JU., 142. Norrto vs. Doniphan, me* (Ky.) 3*5. There to ono decision from the highest tribunal perhaps that evir sat, that Justly sustains the "advanced??? position token by the supreme conrt of Georgia, to thefr reftixal to "go behind the returns??? and consider "allnndc??? teatlmouy. With strange ob- llvloroutas they fail to citi It. Even that decision waa only tarried by otto majority???H to 7. The su- K me court of Georgia to unanimous to affirming same doctrine. If it he uuo that the supreme court have no irisdiction iu this matter they ore a fate In mak- raid, not a stogie question made* by the >P recorS (and several are omitted In this article), ha* decided by the court. Code 4271 rays: "Tne < the court rode 1271 sav*: "Tae court shall decide all ??usstton* presented In the record of each rase carried up for review.??? As long as Urn tenure of judicial office Is de pendent upon "the good pleasure of the crown,??? so tor g will we have decisions like the one under review. Whenever great political or wealthy In fluence (and they have become almost convert ible terms) ere opposed ??o tho weak, the chances ere very raech against the Utter before our Judl- ctal tribunals as at prevent organfrod. In this country the sovereignty residue In tne voters and whether that sovereignty appoint ita Jastlcla* iry by direct vole or through the vote of ita repre- sentativre, snd fpr short term*, the incumbent Is always looking to hi* reduction, and would be. more than human. If hto own interest*, often uuconselowly, did not sway hto Judgment to a more or less extent. Mr. Hedge*Itk remarks upon this subject In speaking of the Judiciary of England, "so tar a* the character of the Judfetory Was concerned, the evils ante bated to the doctrine of Judicial c* bitructloD* were corrected by U??o act which made the tenure of their office dependent on their good conduct alone, and emancipated them from ail subordination to the crown, rue Influence ol this alteration waa almost Immedi ately perceptible; the seme magistrate* who, bolding their offices at the pleasure of the king would have been sycopluuita and time semis, Uremeae soon ??? they oroupted thefe seats as long as they boro thciaw lves uprightly, bold and bon rat public servant*"???Sedgwick (Id eu-L 3/7*9. Finally, what has this deetoion settled? Nothing ???aUoluu ly nothing. The same question* in etc **- ???vm mint come o^iln before y advocate ol the law se-k* to Impound bis neighbor'* stock and .get from a magistrate a judgment to be levied ou such stock, to the r From tbo Nashville Banner. The first of October number of Tiik Atlan ta Constitution to ono of the largest papers ever Issued In this country It to brimful of choice reading metier and to a'magnificent exhibit of tha resources of tho great state ol Georgia, It to a powerful Jounral ana an,honor to that state, and especially to At! nta. From the New York World. Tiik Atlanta Constitution printed, October 1st, 61,0(0 copies of a 4 t-pago edition, giving a detailed account of all tho agricultural, commercial, manu facturing aud industrial interests ot tho prosperous state of Georgia, snd, as a display of its own Inter- prise, accomplishing tho greatest newspaper uchtoYcmeut lu the whole history of tho south. . From the CbittaeoogA Times. Tho greet first ol October business Issuo of Tun Atlanta Constitution, was a decided credit to the enterprise and public spirit of tho managers of that leading southern journal, end a feat othor southern publishers may well strive to Imitate lu tbo interests of the people, the commerce and In dustries of tho section. From the Kufaula Time* ??? The "trade issue??? of Tni AtlantaOomrmunoN of 1st tost, to the most colossal newspaper publica tion over Issued in the south. If uot in this wholo country. It consisted of 44 pagol or 261 columns, and6e,t00 copies were out in circulation, ft iru a Journalistic exploit that has never been equaled In tho south, and wo can see no neoomlty for any effort, in the way of. newspaper enterprise, that would undertake to surpass It. From tbo Bpringfiold Republican. A surprising sort of newspaper to this "trade Is suo" of Tub .Atlanta Constitution; 4 i fall sized pages, filled with historical and descriptive articles to show the natural wealth and business of Georgia, miscellaneous articles end advertise- its It to tbo largest newspaper ever printed in country, aud to well gotten up in oil respect* Buch a sheet could only bo dated lu a prosperous country. From the Baltimore Day. Tiik Atlanta Constitution, which as nu enter prising southern newspaper has no superiors and too few equals, on October 1, Issued tho largest paper ever printed In tho United .states. Tbo ro- mnrknblo Issuo consisted ol forty-four broad page* 224 columns, and tho edition waa 61,000 coplea. The poper I* devoted to a review of tho trade of Georgia lor the year, aud contain* many columns of Inn-rotlug und vnluablo mat-rial about south- ru push uurtbiirincMt enterprise, rom tho Albany News mid Advortlscr. Wednesday???s Atlanta Constitution was the big gest issue ever published In Georgia. Each paper weighed about a pound; nnd m about filly thous and of tho them were published, tho bwuo mar bo characterized as about twenty-five tons oi solid do- mocraco. From tho Belma Times. Tni Atlanta Constitution of Wednesday was a mammoth concern. Itcontolnod forty-four pages, and, aa it designed todo, presented a lull review of the business of Atlanta and her territory. Tub Constitution to very Jurtly proud of tho hiu-cch.* of Its great effort. Tho pep eastern country of ours 1 business community. From ths Boston Advertiser. Tug Atlanta (Ga.) Constitution for October l to a"trado issue," containing forty-four pages ol six column* fnch, with a vast amount ol adver tisements mid other matter touching tho trado of Atlanta. Tin:?? onrtiti???tion dwell* nt length and with Juatlflnl.lo prldu upon tho rapid growth aud prosperity of thu city. Vrorn tho Louisville, Ky., Commercial. Tiik Atlanta Constitution, on October 1, pub-' 1 tolled tho lnrccut newspaper ever Issued In Amer ica. It contained fourty four pages of six columuf each. From tho Chariot fc, N# 0., Observer, Not Jogg ago Tiie Atlanta Constitution movod into its new building, constructed lor IU special use, and put in new proves with all tho Iatert Im provements, and Issued on thcMst Instant a mam moth edition, containing forty-four pages, mado npol advertisements, historlm! ???keU-tu*. of the business (iiicrprWH and manufacturing in- iluMrii* of that llourMiIug < Uy. Till* wa* a trl* urupli lu Journalism but rarely kurixuwed iu ciUe* much I ary or than Atlanta, anil I* an evidence not only of tnogoiihcaditivcuofiN of tbo publishes of Tub Constitution, but also of the gate city. From tho Charleston News and Courier. . , Xl*e tnulo Issue of Tits Atlanta (XiNvriTirrioN lor 1684 was laiued on October 1. ItcontUu of 41 page*, or 261 columns, and to ono of the largest papers ever published to the United Htetes. H to devoted to a review of tho trade of Atlanta anil ol Gc<irrla during the post) ear, and contain* a num ber or special papers on a variety ot topics aoiodated with the preasut growth and the future prospects of the new south. The trade issue to most crediuole to tho outer- jccling that Tub Constitution???s best work, lot Atlanta snd for I Poll, 1* that which to done, in its usual form, every day in tho year. From the Detroit Free Press, Tn* Atlanta ContmunoN to a Journal o! which not only tbertate of Georgia, bnt tbo whole of the United States ought to be proud. On Oc tober 1st it published a ptpea of forty-four page*, which making the largest tosuo ever put forth by any paper in tho world. Tho big issue of tho Free Press consisted of thirty-six pages of seven colums to a page, making 252 col nmn*. The Constitution's consisted of forty- four r age* alx ??olumns to tbo page, or 9H column* In all-or twelve columns worn Hum tho big Free nom which, up to October 1, wai tha largest paper ever Issued. An edition pi il.ouo was printed of The CoiramrnoN, and the paper used weighed twelve ton* and measured nearly 600 miles In length. Not only to Ths CoNemunoN great In enterprise, but it to great In literary tal ent. It has a large sod brilliant stall of writers, among theu Mr. Harris, whose "Uncle Remus ' papers and other writing* bare given him ??? world- wide reputation. Tho Issuing of this mammoth l??P< r Is one of the best signs of pr ???MperttyAn .the south. It takes a great, enlightened ami pros perous country to Mip|-/it * sraat, sBilgnranen snd prosperous paper. From the New York Evening Post. The "trade issue" of Tn* Atlanta Constitution for tm made Its appearance on October l??t, and consisted of forty-four page# of six columns each, the publisher* claim that It la tbefargcatuewt- paper ever printed to the United 8Utes, ami that * sand Is the largmt ever the priu< ip*i hwture* ??et forth that the city already ha* flfty-i th* dty closer communication with rich fields' real snd Iron. The city, too, has been well go; * riuri.im! despite I'a r lie fUDtDTemfOt the atont to be ridiu???<-d cording to The < ommii* i per centU In fact, ee rily and fru- piauuuilou* auJ all its paths are peace.???