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VOL. 111.
T. S. WTNJUS, W. •. D* WOLF,
JOHN U. MiBTIMi iOBM H. STKWABT.
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CO.MiIItSMONAI,
THE HOUSE FILIBUSTERING.
ns RESOLUTi?Members fight
ing tk THE LAST HITCH.
THE RESULT UNCERTAIN.
ferry and HI. Secretary Ittde n Return
fVoiu Vermont.
KKJVATE.
Washington, March, 1. — Keeess
having expired at X 0 o’clock, the Sen
ate reassembled at that hotir, but no
legislative business could be transact
ed. The objections in the Vermont
case having been disposed of last
night, the Senate availed the action
of the Hquai 4nitiat matter.
HOUSE.
All bills recently passed by the
Senate removing political disabilities
passed.
A call of the House was moved for
the purpose of delay.
The Speaker counted the House,
and found a quorum present.
A roll-call was demanded, to verify
the Speaker’s count.
The Speaker said further proceed
ings under the call of the House were
in order under the rules of the House,
but not under the Electoral law. The
Speaker was not responsible for the
law.
Williams disclaimed any reflection
on the Speaker, but demanded the
roll-call.
The yeas and nays taken on the
motion for a call of the House result
ed : yeas 68, nays 169.
This skirmish occupied one hour
and a quarter. It was followed by a
motion to reconsider.
Pending this the Speaker ordered
prayers, and the legislative day of
Thursday began.
After the journal, Mr. Poppleton
claimed that a duplicate return from
Vermont bad been properly made to
Ferry,.and Vermont should go to the
Commission.
Half a dozen roll-calls are possible
under proceedings in this connect ion.
The sixty-eight are determined to
die game, which It is thought they
eventually must.
No committees are in session this
morning. All interest centres in the
House. There is Intense excitement
over the roll-call to dispense with
the reading of the full Journal, un
der suspension of the rules which Is
allowable by a two-thirds vote.
During balance of the session, if
the minority find themselves short
of a third on the call, they will be
helpless unless they re-count or by
strategy compel the House to sus
pend the rules continually on minor
points.
On the motion to suspend the
rules and suspend the reading of the
Journal—yeas 175, nays 85.
Gen. Gibson, 001. Levy and Capt.
Ellis, of the Louisiana delegation,
voted yea.
This eall is preliminary to Popple
ton’s motion regarding the Vermont
returns.
The further count may be delayed
several hours, unless forced by reso
lution to proceed, which may be
passed under suspension of the
rules.
It has transpired that duplicate
returns from Vermont were filed
with the Clerk of the Court, whose
duty it vyas -to forward it. The mi
nority insist the Senate shall meet
and open certificates from that State
tendered now, or send for the one
which by legitimate proeeedure
should be In Ferry’s box.
Speaker Randall rules that Ferry,
in refusing to read, but carrying
away with him a duly authenticated
paper affecting the election In Ver
mont, a( tel wrongly, and it is com
petent for this House to demand the
return of the paper.
The House seems perfectly uncon
trollable. The minority demand their
Vermont paper, and theSpeaker rules
that a motion to suspend the rules is
in order, and refuses to entertain
appeals.
All the members are on their feet,
except those who are on their desks.
Randall has just said the Chair is de
termined that gentlemen- shall take
their seats. It will not submit longer
to this disorder. [Applause.] But
the disorder continues. mace
officer has paraded over the House.
Members are now seated, and the
Speaker has ordered visitors from
the floor.
Speaker Randall, after having the
rules read, said: “The chair is reso
lute. TheSergeant-at-Arms will do
his duty.” The cloakroom, lobby
and all approaches to the House
are cleared.
Anew vote is pow progressing on
the motion to suspend the rules and
proceed with the count.
The two hours’ debate on Vermont
has commenced, after which proceed
| ings for the production of the miss
| ing paper from Vermont will be in
I order.
j During the debate on Vermont,
Mr. Hewitt stated he received the
package officially, addressed to
Ferry, in December, with a letter
stating that a duplicate had been
addressed to Ferry by mail, Hewitt
had no doubt that Ferry had his
mail copy until be denied it. Hewitt
then tendered the packuge te Ferry,
which Ferry refused to receive.
Hewittt then, in joint aession, hand
ed it to Ferry. Afterwards Hewitt
went to the clerk’s desk with Sena
tor Edmunds to see it. Ferry and
his secretary regarded it a personal
paper and carried it away.
Mr. Garfield caused to be read a
; letter from Mr. Gorham. Secretary
iof the Senate, stating that he did
j while in joint convention yesterday,
I put in his pocket the duplicate return
: from Vermont, but upon being ad
' vised by the President of the Senate
! that he had received it, betook the
j return from his pocket and laid it on
' the table in the presence of all the
j tellers. When the debate was about
! half through, a page from the Senate
came into the House with the return.
He took it to Mr. Hewitt, but that
gentleman declined to receive it.
The page declined to state where he
got it, who sent him with it, to whom
be was instructed to hand it, or any
thing connected with his custody of
the papers.
A resolution was then offered by
J, Proctor Knott, that the duplicate
returns from Vermont should be
opened by the President of the Sen
ate in the presence of the two Houses,
and if found to be a genuine certifi
cate, that the same, together with all
the certificates, shall be referred to
the Electoral Commission ; that if the
Senate refuse to meet in joint con
vention for that purpose, that the
House notify it will not be ready to
receive it until it does.
The yeas and nays were demanded,
and the resolution was lost by yeas
llfi, nays 148.
Mr. Hopkins, of Pennsylvania, then
introduced a resolution directing that
the President of the Senate open the
certificate. It was in all respects the
same us the resolution just voted
down, with the exception that the
words “that the House will not meet
the Senate until it acquiesces there
in” were omitted. Yeas 116, nays 148.
Lane moved to reconsider the vote.
After discussion, the Speaker ruled
that the motion to reconsider was iu
order.
Hale moved to lay it on the table;
upon wnich the yeas and nays were
ordered.
An ail night session is indicated.
No Southern nominations to-day.
During the debate, Mr. Stone, who
was one of the tellers, stated that he
saw tiie Secretary of the Senate throw
the package under the table among
rubbish. Stone notified Hewitt sub
sequently that he saw the Secretary
take the package from under the ta
ble and put it In his pocket.
The Senate is still in session, wait
ing to be called to the House to pro
ceed with the count.
LATEST.
The Senate and House are still in
session.
The fobbed Vermont returns are
handled shrewdly by the irrecoucil
ables. Nothing but their formal pro
duction by Mr. Ferry, (which Mr.
Ferry’s friends think would be dis
graceful) will satisfy them.
The Star intimates that the Presi
dent wili not accept as conclusive any
irregular count and proclamation by
the Senate. If the Electoral law fails,
he will not allow Mr. Ferry’s doubt
ful powers to aveit the hazard of a
choice between Conkiing and Mor
ton, followed by anew election.
The outlook is dreary.
In the House, a vote was finally
reached that the vote of Sollace
should not be counted—vote, 210 to
22— Republicans deeming it best poli
cy to vote fer it.
No prospect for a joint session for
some boars.
In illustration of the character of
the debate, Wilson, of lowa, said if
the House intended to execute the
law it would be absolutely necessary
to adopt a resolution cutting off all
filibustering.
Walling replied: When fraud is
law, filibustering is patriotism.
Hancock, of Texas : Traitors never
practice patriotism.
Cnrra and (Ulna
San Francisco, February, 28.
Steamship Galic, from Hong Kong,
via Y okahoma, arrived yesterday.
The famine in Corea continues,
and appeals have been made to
Japan for assistance.
The Chinese authorities are re
ported to have recently gained vic
tories over troops of Yokoba.
Bey, Sbanghai minister at Peking,
has broken his relations with the
Chinese government. The dispute
grows out of the Cuba and Coolie
question. 'XCI. XX*'?.
Wheeler.
■Watertown, Mafch 5 7. Whefeler
will arrive in Washington to-morrow
afternoon.
COLUMBUS, GA., FBI DAY MORNING, MARCH 2, 1877.
GOV. K. B. HAYES.
JT.V ROUTE TO WASHINGTON.
sriKCHEI BY TIIE WAY.
A MISSISSIPPI RADICAL SAYS HE HAS
MADE NO ANNOUNCEMENT OF A
SOUTHERN POLICY.
Columbus, 0., March I.—Gov.
Hayes and party left for Washington
at one o’clock. .
The Hayes party consisted of Mrs.
Hayes, his sons Webb. C. Hayes and
Scott Hayes, and his daughter Fan
nie. Among the members of the
party were Gen. J. G. Mitchell and
wife, Miss Platt, R. H. Platt and
Frank Hiokok, all of Columfftls, Gen.
R. P. Buekland and wife, nnd Dr. J.
T. Webb, of Tremont; Gen. R. P.
Kennedy, of Bellfontaino; T. G. Mo-
Keli, of Cbillicotte; Ex-Gov. E. F.
Nayes, J. W. Herron and wife, Dr. J.
Davis and wife and L. C. Weir and
wife, all of Cincinnati. The train
left promptly on time.
Newark, 0., March 1. —A halt in
the train ullowed Hayes to say: "My
fellow citizens, I appear to say a few
words in bidding good bye to you. I
understand very well the uncertainty
of public affairs at Washington. I
understand very well that possibly
next week I may bo with you again
to resume iny place iu tiie Govern
or’s office, and as your fellow citizen;
but I also understand that it is my
duty to be at Washington, prepared
to assume another position, higher
and more resposible, and with more
difficult duties.
"I have thought, as I looked upon
this great audience, and as to-day I
gaze on the people who throng our
route to this depot, of a similar oc
currence sixteen years ago. A little
less than sixteen years ago I march
ed down High street with a thousand
men to pass to the East and to the
South, to do what we could to restore
the union of the States and re-estab
lish the authority of the consti
tution. [Cheers.] In that woik
we were eminently successful, so far
as it was possible to be successful by
force of arms. lam not here to say
a word in disparagement of what
was accomplished by the brave men
who went out with mo from various
parts of the country. Of my com
rades one-third and over never re
turned to their homes. They perish
ed in discharge of their duty, that
the republic might live. But there
was something force could not do.
We would have our Union to
be a Union of hearts, and we
would have our Constitution obeyed,
not merely because of force that
compels obedience, but obeyed be
cause the people love the principles
of the Constitution, (long continued
applause), and to-day, if I am called
to the work to which Abraham Lin
coln was called to sixteen years ago,
it is under brighter skies and more
favorable auspices, .(applause.) Ido
hope, I do fervently believe, that by
the aid of Divine Providence we may
do something in this day of peace, by
works of peace, towards re-establish
ing in the hearts of our countrymen
a real hearty attachment to the Con
stitution as it is and to the Union as
it Is.
Washington, March I.—The Star
says that ex-Gov. R. Powers, of Mis
sissippi, who has just arrived in this
city, stopped on his way and had an
interview with Gov. Hayes as to his
probable Sou hern policy. Governor
Hayes assured this gentleman that
he had not written a syllable nor au
thorized any one to indicate what
course he would pursue toward the
Houth in the event of his inaugura
tion, further than was set forth by
Ilia letter of acceptance, and that ail
reports relating thereto are unau
thorized, so far as he is concerned.
WASHINGTON NEWS.
Washington, March I.—Debt state
ment: Decrease during the month
$2,000,000; coin in Treasury, 901 mill
ions; currency, 9i millions.
The Conference Committee on the
Legislative appropriation bill had a
long; session without progress.
The Conference Committee on pos
tal affairs seems hopelessly apart on
subsidies.
Col. T. L. Casey relieves Gen. Bab
cock as District Engineer. Gen Bab
ecck is ordered to duty as engineer
of the Fifth Light House District.
Col. Dan McClure, chief paymas
ter of the Department South, is re
lieved by Maj. W. R. Rochester.
In the Supreme Court the Granger
cases were decided to-day adversely
to the railroads, and the right of
State Legislatures to regulate rates
of freight accordingly.
The low price of gold is accounted
for by thw hypothesis that, in the
present depressed condition of trade,
none wili want it.
Capt. Ramsey’s battery second Ar
tillery ordered here from St. Mc-
Henry.
The following has been delivered:
Washington, D. C;, Feb. fit. Noth
ing can postpone the regular decla
ration of Hayes beyond to-morrow. I
think the appropriation bills will
also ptArrfpryrs Kf <
[Si*<€aa. JL Oa
It is quite likely the House, instead
bf certifying tbe returnitig board of
Louisiana to court for punishment,
they will be turned loose.
GEORGIA AFFAIRS.
HON. H P. BELL FOR CONURKON.
GOV. COLQUITT SIGNS THE INSURANCE DE
POSIT BILL.
Atlanta, March H. P.
Bell, of Forsyth, (former Congress
man), was to-day nominated by the
Convention at Gainesville, as tbs
Democratic candidate for Represen
tative of the Ninth Congressional
District, to All the vacancy caused by
the resignation of Hon. B. H. Hill.
Tho bill passed by the recent Leg
islature, requiring twenty-five thou
sand dollars deposit from fire insur
ance companies, was signed by the
Governor.
The executive committee of the
Underwriter’s Association of the
South decided to hold the seventh
annual convention of the Association
In this city, on 9th May, 1877.
(Irani's Lmil-lnna Pulley.
New York, March I.—The Tribune's
Washington dispatch says that it is
undoubtedly true now that Grant
intends, as soon as Hayes is officially
declared to be the President elect, to
modify the orders to General Auger,
so as to require him no longer te
maintain the status quo at New Or
leans, and to use the United States
troops stationed in that city, only for
the purpose of preventing bloodshed.
This policy has been determined on
by the President in opposition to the
ad vice of some of the members of his
Cabinet, but it is understood to have
the approval of Gov. Haves’ most
intimate friends, now in this city.
Tiie Republicans are greatly di
vided in regard to this new Louisiana
policy, and some of them have
already visited the White House to
protest against it.
TELEGRAPHIC NUMMARY
Springfield, 111., March I.—ln the
United States Court yesterday, evi
dence was concluded in the suit of
Win. King and others against the
receivers of the Ohio and Mississippi
Railroad, Toronco & King, and argu
ment will begin to-day, and will
occupy six hours.
Little Rock. —The Southern and
Western Immigration Convention
composed of the States of the Mis
sissippi Valley, meets in this city
to-day. Delegates from all of the
States have already arrived.
New York.—Another unsuccessful
effort was made yesterday to float
tho steamer Amerique, stranded off
Seabright.
New York—The Gertnunia Savings
Bank, of Morrisania, is closed.
Middleton, N. J.—Two young men
died in a drug store from flavoring
their whiskey with aconite. They
thought it was ginger.
Cincinnati-Total number of hogs
packed in Cincinnati from Novem
ber 1 to February 28, inclusive, 523,-
576 ; during the same time last year,
565,359.
Baltimore—ln the Criminal Court
to-day, Geo. Huntington, Jno, Young
jr., Josephus Evans and James Gam
ble, indicted for keeping gambling
houses, were fined $350, each and
costs ; Francis Dandtne SSOO and
cost3 ; and R. J. Slater sentenced to
five months imprisonment. All the
parties plead guilty.
New Orleans—Paokard has con
vened his Legislature in extra ses
sion.
LNDok—The Times publishes a
communication to that journal from
the manager of the Western & Bra
zilian Telegraph Company, stating
that only 200 miles of their cable
need renewal and that the company
is in no dunger of liquidation.
HAYKN makes a speech.
HE WANTS (DIVINE ASSISTANCE NOW !
Columbus, 0., March I.—Gov.
Hayes bad a reception last night,
and leaves at noon to-day for Wash
ington.
Ho made a brief speech. After
speaking of local affairs and old as
sociations, the Governor proceeded;
As for myself and family, we go per
haps to return in a few days, to occu
py our accustomed place in the com
munity; possibly we go to other
scenes and other duties, not to meet
you again. In that event, I wish to
say, as Mr. Lincoln said on parting
with his friends at Springfiaid, six
teen years ago. that I trust you will
pray that I may have that divine as
sistance andguidunce, without which
I cannot succeed, and with which I
can not fail.
Gov. Hayes will not resign the
Governorship at, once.
Arabs Want to Flßht Itussla.
London, March I.—A Vienna dis
patch to tbe News says the rumor is
confirmed that the Sbiek of Mecca
has sent a petition to the Shiek U 1
Islam, demanding a declaration of
war against Russia.
Coal Miners Resomln* Work.
New York, March I.— A Wiikes
barre dispatch says- a telegram was
received yesterday afternoou from
the managers of the YVilkesbarre &
Ldhjgh Coal Company to their agents
here, ordering all idle miners in this
vicinity to resume work at once. This
will put into immediate operation in
this vicinity eight collieries which
have been quiet for some time past.
LIABILITY OF THE TELEGRAPH.
A DECISION' OF THE BUPBKME COURT
OF GKURKU, FEU. 31th.
Reported by tbe AtlMite Constitution.l
Western Union Telegraph Cos. vs.
Fontaine. Case, from Muscogee.
Warner, C. J.
The plaintiff brought his action
against the defendant to recover dam
ages, which he alleged he hail sus
tained in consequence oT tiie breach
of duty and negligence of the defend
ant iu failing to send and deliver a
certain described telegraph message
received by it from the piaintiff at
Columbus, Ga., to be transmitted for
a certain stipulated reward to Nourso
& Brooks, at the city of New York.
On the trial of the case, tho jury, un
der the charge of the court, found a
verdict in favor of the plaintiff for
tiie sum of $363.00. A motion was
made for anew trial on the several
grounds of error alleged therein,
which was overruled by the court,
and the defendant excepted. It ap
pears, from the evidence in the rec
ord, that on the 9th of December,
1872, the pluintiff bunded the paper,
of which the following is a copy, to
tiie defendant’s agent at Columbus,
Ga. "Half rate messages: The Wes
tern Union Telegraph Company will
receive messages for all stations in
the United States east of the Missis
sippi river, to be sent during the
night, at one-half the usual rates, on
condition that the Company shall
not be liable for errors or delay iu
tbo transmission or delivery, or for
non-delivery of such messages, from
whatever cause occurring, and shall
only be bound in such euse to return
the amount paid by the sender. No
claim for refunding will bo allowed
unless presented in writing within
twenty days.
William Orton, Pres.
O. 11. Palmer, Sec.
December 9th, 1872.
Send the following message subject
to the above terms, which are agreed
to, to Messrs. Nourse & Brooks, 76
Beaver street. New York. “Exercise
your own discretion as regards cover
ing December contract.
T. S. Fontaine.”
Plaintiff testified that he handed
the foregoing message to Coleman,
one of the defendant’s operators at
tiie office of the company, in the city
of Columbus, on the evening of the
9th of December, 1872, and paid 50
cents, the usual amouut fora night
or half-rate message. Witness
knew that there was a difference in
the obligation and liability of tho
company on night messages, and
those sent in the day, did not ask to
have the message repeated, nor offer
to pay for tiie same. Plaintiff proved
by Nourse & Brooks that the mes
sage was not received by them, and
also proved the damage sustaiued in
consequence thereof iu the sale of
the pluiutiff’s cotton. Harrell and
Coleman, the defendant’s agents aDd
operators at Columbus, testified as
to the receipt of the message from
plaintiff, and that the same was for
warded from that office on the night
of its reception to some repeating of
fice between Columbus and New
York; that plaintiff previous to the
9th of December, 1872, had frequent
dealings with defendant, and trans
acted most of his business upon red
or night messages.
The court charged the jury,
amoDgst other things, in substance,
that the defendant was a quasi com
mon carrier and liable as such for its
failure to deliver messages received
by it, and could not limit its legal
liability by auy notice given by pub
lication, or by entry on receipts giv
en. The legal effect of tiie charge
of the court, was to make
the defendant liable for the safe de
livery of all messages received by it
for transmission either by night or
day, in the same manner and to the
same extent as a common carrier of
goods is made liable by the law of
this State. What is the measure of
the defendant’s liability in this State
under the existing laws thereof, is a
question to be decided for the first
time, by tbis court, and we are there
fore at liberty to decide it in accord
ance with the general principles of
law applicable to that particular
business, in the absence of any
stiitutory regulations concerning it.
When a person, either natural or ar
tificial, undertakes any employment,
trust or duty, such person contracts
with those who employ or entrust
him, or it, to perform that employ
ment, trust or duty, with that integ
rity, dilligence and skill, which be
longs and appertains to that particu
lar employment, and if by the want
of either of those qualities, any
injury accrues to those who employ
him, orit, for a reward, an action on
the case may be maintained therefor
to recover damages. The defendant,
as a telegraph company, by its ma
chinery, undertakes to transmit
messages from one point to another
for hire, for those who may think
proper to employ or entrust it with
that particular business, In the ab
sence of any statutory regulation,
what is the measure of the defend
ant’s liability for neglect of duty in
carrying on the particular business
in which it is engaged? Is it liable
as a common carrier or quasi com
mon carrier as defined by the laws
of this State? It may be stated
as an incontrovertible le,’al
proposition, that every power exer
cised by any court must be found in
and derived from the law of the land,
and also be exercised in the manner
that law prescribes.—Gray vs. Mc-
Neal, 12th Ga. Rep., 425. What law
of this State authorizes the Courts
t hereof to declare that a telegraph
company, using its peculiar machi
nery for the transmission of mes
sages from one point to another, is a
common carrier, or a quasi common
carrier, and liable as such for its neg
lect of duty in the particular busi
ness in which it is engaged? We
know of none ; but on the contrary,
the true nature and character of iis
liabilit y would seem to l e that of a
bailee for hire. The sender of a mes
sage bails or entrusts it to the de
fendant for a certain purpose.and the
defendant undertakes to accomplish
that purpose by doiug some work,
and bestowing some care on the
thing bailed fora stipulated reward.
Bailees, under the law of this State,
are not insurers against loss or dam
age to the thing bailed, but are re
quired to exercise care and dilligence
in protecting and keeping safely tbe
thing bailed. In all cases of bail
ment in this State, after proof of loss
or damage, the burden of proof is on
the bailee to show proper dilligence.
Code 2,064. Tbe plaintiff proved at
the trial the loss or 4 non-dellverv of
the message bailed to the defendant
for transmission to the place of
its destination, and the damage
sustained in consequence thereof.
The defendant, however, insists
that it is not liable to the plaintiff by
reason of the agreement set forth in
the record, which was signed and
agreed to by the plaintiff when ho
left the night message to bo sent by
it. The objection to that agreement
is that it is broad and comprehensive
enough to protect the defendant
from liability from its own gross neg
ligence in fulling to transmit or de
liver messages, which the law does
not allow to be done. The words of
the agreement are “on condition that
the company shall not be liable for
errors or delay in the transmission or
delivery, or for non-delivery of such
messages, from whatsoever cause oc
curring.” It the wotds “except by
the defendant’s own negligence” had
been inserted iu the agreement, it
would have been reasonable, and le
gally binding on the plaintiff, who
had knowledge of the terms thereof.
In our judgment, the evidence in the
record made out a prima facie case
of gross negligence on the part of the
defendant. The message was sent by
the defendant’s agent and operator at
Columbus “to some repeating office
between that point and New York.”
What repeating office V Inasmuch as
the defendant had the exclusive con
trol of its own machinery, operators
and agents, it should have shown to
what repeating office the message
was sent, and whether it was received
there, and if so, what then became of
it ? So far from even doing this, the
defendant offered no explanation
whatever, only that tho message had
been sent to some repeating office
between Columbus and New York.
Although the charge of the Court
was erroneous, still the verdict was
right under the evidence and the law
applicable thereto, and we will not
i disturb it.
Let the judgment of the Court be
low be affirmed.
Thornton & Grimes, for plaintiff
in error. . .
J. M. & R. A. Russell, for defen
dant.
Bleckley, J., concuring:
I am inclined to the opinion that
the business of telegraphing consists
merely iu receiving orders for work
and lubor and executing them.
Strictly speaking, there is no bail
ment, and therefore no carriage of
property. The sender of a message
gives an order for certain work to be
done, and the telegraph company
undertakes to do it. A part of it is
performed by the use of scientific
machinery, and a part by the car
riage and delivery of a paper which
is not bailed to the company, but.
which the company furnishes and
prepares, for itself. While I take
this view of the matter, I do not
think the company can stipulate
against liability for its own gross
negligence. In no business carried
on for reward can that be done. I
concur in judgment.
Jackson, J., concuring:
I aoneur in the judgment of this
court affirming that of the court be
low ; but I wish to say that I am in
clined to think that the business of a
telegraph company is very similar to
that of a common carrier, and ap
proximates very noarly to that bus
iness.
The telegraph company undertakes
to carry and deliver a message from
one point to another; and while it
does not carry the identical piece of
paper on which the message is writ
ten, nor undertake to do so, yet it
does agree to carry and deliver the
message itself—the sense and sub
stance of the letter which is delivered
to it at the place from which it starts.
It agrees to re-write tho message at
the place of destination, and to carry
it thus re-written to the place of
business, or the residence of the
party or person to whom it is direct
ed. It is immaterial, in my judg
ment, whether it carries the thing
itself or its substance or meaning, or
by what means it carries the sub
stance, whether by steam over a rail
road, or by electricity over wires. Its
obligation is to carry and deliver a
message on which most important
business transactions may depend.
Its obligation is to carry this message
very rapidly, and it charges increased
compensation for so carrying and de
livering.
It is chartered for that purpose,
and is bound by the charter and the
very nature of its business, to carry
for everybody who will pay it. It
acts, therefore, not only as a carrier,
but as a common carrier; and, there
fore, lam not prepared to say that
the court below committed error in
denominating it a quasi common car
rier, and in applying the rules whii n
govern that bailment to the telegraph
company.
The latest commentators and the
current of the authorities seem to
concur in this view of tho law, and to
apply the rules governing common
carriers to telegraph companies.
Russia and Turkey.
Belgrade, March X.— Prince Milan
in a speech dismissing the Skupts
china, after the ratification of the
treaty with Turkey, recapitulated tho
causes of the war, and announced
that his alliance with Montenegro
still existed. Russia had given Ser
via permission to conclude peace.
Turkey had refused to prolong the
armistice if peace was not concluded
immediately.
Several agitators have been shot in
the interior of the country.
Berlin, March I.—Leading persous
of the Russian government continue
to oppose immediate hostilities.
Peace and war will not be decided
until the replies to Gortschakoff’s
circular are reported.
London, March I.—The correspon
dent of the News at Berlin says the
opinion in the highest political quar
ters here is that war is inevitable.
uale or Prints.
New York, March I.—an auction
firm sold to-day, at their sale rooms,
15,000 cases of Richmond prints.
There was a large attendance, and
bidding was spirited, the goods
bringing what were said to be very
good prices. Prints were disposed
of at prices ranging from 61 to 7jc.
per yaid.
W. F. TIUNEK. Dentist,
RsndolpX street, (Opposite Strapper •) Oolnmbs
tnl ly] Georgia.
WEATHER INDICATIONS.
War Department, )
Office ok Chief Signal Offices, >■
Washington, March 2, 1877. }
For South Atlantic States, increas
ing northeast to southeast winds,
falling barometer, warmer, cloudy
and rainy weather will prevail.
Ship News.
New York, March 1. Arrived: Abys
sinia.
Arrived out; Regina, Laura, Emily, 0
L Henning, Brisk, Nymphen, Somerset.
Homeward: Tobaseo, Hampton Roads;
Joe Thompson, Southwest Pass; City of
Brussels, for Now York.
ST. LOUIS GLOBE-DEMOCRAT.
PROSPECTUS FOR 1877.
' "* $
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Politically, the GLOBE-DEMOCRAT is a eup
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Winter T**r Caws.
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ttie winter, on a good cane Pasture, and
plenty of Hay. Ap'My at Timm office.
nov3o ‘.f 0. M. Bktan.
NO. 52