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ATHENS BANNER SUNDAY MORNING , MAY io.1891
THE ABLE OPINION
beleviadlonria* trooey to accaretkeex-
| bibit.
Tbe taxing power for Ibis purpose being
DIUVKRBD BY HON. ANDREW. J. 1 taken away from tbe Geovral A Member.
COBB AT ATLANTA.
at the individuals that compote tL Bat it
he* ben said that tbe nee of the rental of
tbe State net for tbU porpnee would vkv
lale the spirit of the constitution." sod that
1 it would be “a technical «rasa* of tbe
IT WAS UNANSWERABLE.
prlatlon—It WIU bo Road
With Interest. *
lend theose of property acquired since 1(7/ cnttitution." As I undrrst.od this nbjec-
| — : Ih min brine inconsistent 1 ^ «» Contended thet to use this renui
|w»b tax auwey ‘ woold be contrary to“publis policy!- T ie
riti tbe state coaatitntion, the I public policy or the policy of tbe State, »•
I next inquiry to bo made is, does tbe state I far at it may bear upon Ibis question is to
I own sny property into tbe porebsae price I be determined by tbe constitution itself-
Tho Lent Oolnlon that Convinced the I °* »h*cn there baa not entered aov money If an act is prohibited by law, the doing of
_ r ul J raised by tsxatnio since 1877. The Wes- that set is of coarse n violation of the law
Delegates that tho State Could j lern aDd Atlantic railroad fully noawers to If * particular act is not in terms proh bi-
Maka tho Necessary Appro- I this description, it bavin* been acquired | rd by law, but tbe doing of tbe act aims
by tbe state prior to 1877, and was at tbe aootber with power to do tbe prohibited
time of tbe adoption of tbe constitution act or tend to that end, and such act is
I operated under tbe lease from tbe State. done knowingly, then this otherwise harns-
I Tbe constitution of 1877 refers to this I I--m act would be contrary to public policy
Below, Thk Bakxeb gives tbe entire I property otrtj on**, and in this language: Gaming with cards is prohibited by law.
nnintnn nt Hon Andrew J Cobb d«-1 “Tt>« prttceeds of tbesale of U>e Wrstern The man who playa mud beta at any game
opinion of Hon. Andrew J. Cobb, do- M<J AUantJc railroad, whenever the Geo- of cards violates tbe law. The mas who
livered before tbe convention in Atlanta j erg] Assembly msy authorize tbe tale, I knowingly loans money to another for tbe
list Wednesday. I shall l«e applied to the payment of tbe bond- I express purpose of playing and betting tbe
It has attracted a great deal of atten- 01 debt °* 1 *• 8la,e > aba11 no V bc *«ine at cards would do an set that is cor-
, , ... 7** 1 ., I for any other purpose so loog as the State I trary to the policy of the law, and would
tion all over the State, and has gone- a ba8 U y existing bonded debt, provided have no redress in tbe courts if tbe bor-
great way towards changing the accept-1 that tbe proceeds of tbe sale of tbe Wrs- rower refused to pay the loan, though there
ed sentiment on this question. I ,erD * t>d Atlantic railroad shall be applied is no Uw which says io terms, th.t a loan
r-o.—o s. a., .k^u-n ,k.» I to the payment of tbe bonds for which I shall out be made for that purpose. -
Indeed.it has shown ^Georgians that I jd hM ^ roo rtg.ged ln prof _ Tbedot)rs of lhe Court would Us closed
it remain* in their hands to tay wbetber I ^reoce to all other bonds.” I to him, because be bad wilfully equipped
or not the State shall make tbe appro-1 The constitution is silent as to tbe appro- aootber for a violation of law. If the
nriation I priation of the income of this railroad, | General Assembly exercised a power which
^ Th. .m. t.»... I although at tbe time tbe constitution was was denied to them by the constitution
The able lawyer who proposed it, was I formedt the r0 ad under an existing lease this would be a violation of the Constitu
the first to sUrt tbe ball rolling in this I produced sn annual income of 1300,000. tioo, and if they authorized another to do
matter and deserves a great deal of I This inebrae, not being directed by the I Indirectly what they could not do directly,
credit for irivinir the State of tteorria a I constitution to be applied in any particular this would be a violation of the spirt’ of
. l -‘T. it ia to be .scertsined, whether.to the coustitntion if not of the letter Tbe
sp did chance to have a worthy ex-1 u§0 i( f or the dewirtKi rxbibit, would be in- use of the State road rental for tbe purpose
I cons stent with tbe constitution. of making an exhibit does not violute any
In ft spouse to an invitation from.tbe I Toe limitations imposed by tbe constitu-1 provision io tbe constitution, n«»r wouhi
Governor of tbe State, I appear before you ,ion U P°° the power of the Gener-1 Assent- tbe use of such rental for such purpose put
, .. . , ’ _ 3 Iblyto appropriate money, and tbe denial I it in tbe power of any officer of tbe Slate
to discuss the authority of the General I ot pQ Wer lo the General Assembly by th> 1 or of any person to do an act which is con-
Assembly to make an appropriation ot I constitution must be looked into in order
public money to enable the state to make a I to determine this ques ion.
proper exhibit .t .hr Co.o^o
tion to be held in Chicago in 1883 of her ^directly or indirectly, in aid of any
resources. | church, sect, or denomination of religion,
trary to the constitution.
The spirit of an inat ument does not re
quire that there should be strict adherence
to the terms of that instrument. TbU is
the contention, however, of those who
eem to see difficulties in the way of tbe
ot the one by the existence of rules appli-1
i a'ile to tbe other, and entirely inapplica
ble to the one under consideration.
:caii government originates with tbe pec. I
pie of a state. The general government
In a country governed like our own by I or of any sectarian institution.’’ Of course state’s making the de.ired appropriation
two senarate and di.f lnct written mn.tt.n •“ appropriation for an exhibit would not If the General Assembly are bound down
two separate and distinct written constitu- confl ^ t ^ jth lhi8 provision. in every case by tbe strict wotds of the
lions, dissimilar in their nature, and con-1 “The credit of the S ute," says tbe con- I constitution, and tbU is what is meant by*
atrud.l by radically different rules, confu-1 stitution, ''shall not be pledged or loaned I the spirit of tbe constiiution, by those wh<
si.m sometimes antes io the construction I >° *>y individual, company, corporation opp. s* this appropriation, then many acts.
I or association, and tbe state shall not be- I passed since 1877, are void for want of
1 come a joint owner in an; company assc- co> stitutional power,
ciation, or corporation.” An appropria- The spirit of tbe constitution is to be
tion of money for this ’exhibit would not determined in two wsys. First, by tbe ad-
be inconsistent with tbU section. Tue judication of cases involving the questions
slate in oinking an exhibit of her resour- | by the courts, and second, by the cod
I ces pledges or loans her credit to do person
under tl e constitution of tbe United S ates I or corporation. She btcomes a joint own-
can exercise only such powers as are to be I cr in no corporation or association. _ Tue
fonud given in the constitution in express I exhibit is an advertisement. Ia this ads
terms, orarising by necessary implication. ^J^****? products"miuerSs, 1 unless aid until the courts declare auch a
1 he people of tne United states as a whole I woods, and other resources. She is to construction to be erroneous,
do not and have never iu the history of I have compiled in circulars or otherwise There is no pow> r expressly given to the
this country possessed any inherent Dower I information concerning tbe water powers General Assembly to authorize cities and
>.t .I.ver, .. , I of the State, the climate of tbe State, the rowns to assi ss the costs of public Im-
r ifeHty* The people of the state ol I j n( j ust ,i a i and educational prospeclB of th» I provetnents upon adjacent landowners,
Georgia, when their convention assembled I people, and all information of a like ebar- | yet the courts h>>ld that lh : s can be done,
in 1877 for tbe purpose of framing a state I *ci er The display is intended to call the
constitution, possessed all of the powers I atteIltion °* P^oP 1 ® b> the advantages of
. ...... .Z. . , . I the state, and to supply their desire tor in-
and attributes of sovereignty, excepting I formation when attention is so called by
ouly such as had been delegated lo the I the distribution of such circulars. Tbe
general government. The constitution of I fate is to gather together, at her own ex-
llie state says : "The' General Assembly I P*^ 8 ®’ tbe . maler , ial “ ece8sa [ y *? r 8 . wi f e
.! .. j- . . 3 land judicious advertisement. She is to
(that is the direct representative of tbe I renl 8 p ace on the exposition grounds in
sovereign people) shall have power to make I Chicago where her advertisement shall at
I siruc'ioD placid upon the constitution by
[ the General A.setuoly itself, and the con-
-tructiou placed upon tbe coustitntion by
| tbe General Assembly evi lenetd by laws
passed by them is to be taken as correct
because it is not in terms prohibited. The
constitution says “all taxa-ioo shall be
euifoim, upon the same class of subjects,
and ad valorem on all property subject to
tax ” Taxes are defined to include “all
contributions imposed by tbe government
upon individuals for tbe service of thj
-tale, by whatever name they are c&Ueu
r known." When a citizen is r<quired t
pay a certain sum- for tbe improvemeut of
meets so levied violate neither tbe letter
nor the spirit of the constitution.
How has the General Assembly con
| stmed tbe constitution!
The constitution says “tbe first meeting
of the General Assembly after tbe ratifica
tion of this constitution ahall be on the
authorize an adjourned session io another
year after a lapse of many months from
the close of the first session, and to author
ize tbe payment of mileage to members for
both sessions This construction wa*
all laws and ordinances consistent with thi» I tract the eyes of all the nations of the 1 a street adjacent to his properly or for lhe
couatiiut ion and not repugnant to the con- e8r , th ’,. . ... .... construction ol a sewer in such street, it
it •. , „ I If this would be pledging tbe credit of I would seem that he was maktog a cumri-
stitution of tbe United States, which they I | be state to and making her joint owner or bull in fer the service of tbe state and was
shall deem necessary and propet for the I stockholder in tbe corporation formed to paying a tax. Bui the cotir.s in this and
welfare or the state.” Tnat is to say tbe I c ’* rr J r on ,be exposition, tiieD every mer- I other states hold with a remarkable degree
Genetal Assembly under this grant’pos- chant who pays fpr an advertisement of of unauimity that such an assessment need
, gauim. I his stock of goods would pledge his credo I not be levied uniform y on all property
sisses the entire sovereign power of tbe 1 10 the corporation which owned the paper I subject to be assessed and that such assess-
people of the stare, except, first, such pow-| in which tbe advertisement appeared, and Imenl need not be ad valorem upon all tbe
er as has been delegated to the Congress of I lo use tbe wind ow of a merchant’s place [ property subject. And therefore astess-
ih,- iTnitoii I of business as a place of display for any
. , ’ 8ec ® nd i 8Uch powenas I Qoijce or advertisement would make tbe
may be taken away or limited by the cod- | person so doing a joint owner with the
stitution of the state. | proprietor of the store.
T.,e Congress has no power unless it is The constitution further provides that
found delegated in ;the constitution of the “ lhe , GeBera ' As ? embl y 8ha11 D .° l b * vote -
j. . . b I resolution or order, grant any donation ot
u tilted Male*. I gratuity in'favor of any person, corpora- | first Wednesday in November, 1878, and
The General Assembly has all power! tion or association.” Tne State in using | biennially thereafter on the same day un-
uulets it has been previously delegated to I Uer money ,0 adver, ise her resources and I til the day shall be changed by law. The
Onn»r«Mnrii..*kl» i. i. _ .. 1 advantages In the manner coDUmpiated General Assembly construes this so as to
Congress or has been L«»kcn away by the and degired would n# , ^ gr8Dting adona . - ‘ -
consiitutioD of the state. I tion or gratuity to any person, corporation
There being no delegation of power to °r assoemtion.
the general government which would in- A do , Dation ia de . flned ,‘ obe “ ,be act by , w
iurr>» »i.k «k , , . . , ,1 which the owner of a thing voluntarily both t
.rt wnn tne stale a makmg the exbib-1 transfers the title and possession of the placed upon the constitution by the first
it, an appropriation of money by the state | same from himself to another person,with- General Assembly couvened under its au-
for that purpose would ‘ not be repugnant I OQt aDy COD8 'dtTation.” A gratuity is de- thori.y, and the precedent has been follow-
lo the ronmitntinn «k„ tt_i. Vo. . fined as “something given .freely or with- ed by each succeeding General Assembly,
to me constitution of the United States. | OHt recomfH . n8e) / free g\f t , « present, a This does not violate the letter of the coB-
a ue (luestion to be considered then is | donation.” The terms imply a gift. Tbe stitution, and I have yet to hear of any
whether such an appropriation of money | essential elem< nts of a gift are a donor, a | lawyer who has made an attack in any
by the state would be consistent with the I doDee i * od a thing given or donated. Tbe court upon any law passed by tbe General
constitution of the stale | donor gives tbe thing to be donated for Assembly at an adjourned session because
, ..... - . . | nothing ; the donee receives it for nothing. | the General Assembly were in session in
that such an appropriation is aecessaty I In making an exhibit, the State tran-fers
and proper for tbe welfare of tbe state is | neither title nor possession of any property
to be admitted. Tbe experience of other to any P* 5 ™ 011 ’ She deaU wlth no one ! 8he
States that have ... . , 1 acts for the benefit of herself, and her peo
ples that have appropriated money for ple Sne maUe8 lhe exhibit with her bwn
like purposes demur strates that the wel-1 money, thus advertising her great advan-
fate of a slate is subserved by auch a use | tages to the world, and when the time sl
ot tbe public money, and I’ believe that it lowed ,or * he di ®P la y j , haa el P irKd . ahe
ia'm.fiuraiitr -../ ■oe»eve that it w i, bdraw8 ber articles, disposes of them an
generally admitted that an apnropriaiion 1 9 he sees proper, being her sole property,
for the purposes of an exhibit should be | and like a shrewd advertiser, confidently
made, if under the constitution of the | awa ,i tbe certain results which are to fol-
stateitcan be lawfully done low for the benefit of her people. It will
if «... . . I be admitted that a person cannot eraDt a
the power to appropriate money for I donation or gratuity to himself. The do*
this purpose has not been taken away by | nor and the donee must be separate per*
the constitution, tbe General Assembly I son8 -
possesses that power. Has it been taken The Wu’ern and Atlantic raPToad ta the
T * _ . property at the people of Georgia; the peo-
a ay. Let us see. T.ie constitution pro- [ pj e have said in their constitution that the
v.des that the “powers of taxation over | proceeds of the sale of this property shall
the whole state shall be exercised by the ^ U8ed for one purpose only, but they
General Assembly for the following nur- h . ave impwed r ' rStr .^ U " n8 the,r
pur- i chosen representatives, the General Assent-
ou [j : | bly, as to the use of the income, so long as
For the support of the state government, | the road remains the property of the State,
and the public institutions. I and therefore ibe General Assembly has
To pay the interest on tbe public debt,
pay the principal on the public debt.
For educational nuin<w<>a in the same power ov. r this inc >rae that an
.,kt,« • . , “‘P 0 ^* 110,1 “^ficting individual would have over an annuity
t.biluren in the elementary branches of an | that ia subject to no other conditions than
English education only- I those stated above. If an individual bad
| an annuity granted to him upou the ex
press condition that be should not pledge
_ . . | bis credit to any one, should not become
To suppress insurrection, to repel inva- a joint owner or a stockholder in a compa-
aion, and defend tbe state in tbe time of °y< corporation or association, tod that he
| should not grant a donation or grainily to
_ . . . any one, no one would pretend that those
To provide pensions for certain con fed-1 conditions would prohibit such person
crate soldiers, aud tbe widows of certain froIb tiring a part or all of bis annuity in
soldiers. adverti-ing property in which be was iu-
Thia danse forhtn. Ih» , terealed directly or indirectly, so as to in-
1 bis cl use orbias the appropriation of C tease its value or to enlarge the profits
ally money raised by taxation over the arising thereform. So it will be with the
whole state sinct 1877 for tbe purpose of 8 ate - If the attention of capital is direct*
making the exhibit contemplated and it *** *° ‘J’** 8 J ate bv a dl ?'ay of her res*« r *
« ^.j , L . , ’ ana 11 cea and an inveatment of money within the
would also f< rbid the use of any property 8 ute follows as a result, while single indi.
of the state, corpus or, income, which hca viduals may be the direct beneficiaries of
been acquired by the state since 1877 w 11
money raised by taxation over tbe whole
Therefore, for tbe purposes of this argtv
tbe good results, the whole state derives an
indirect benefit from tbe increase of tsxr-
ble property, thus bringing abeut a dirau-
nition of tbe burdens of taxation. Tne
general welfare is prompted, and the gen. 1 lished in 1878
violation of tbe spirit of tbe constitution
Tbe most obscure justice court lawyer
would not risk his reputation by raising
such a question.
Taxes can be levied for tbe support of
government and public institutions. A
building with offices for publ.c officers and
balls for the two branches of the General
Assembly, is required for the support oi
government, but the building itself and
suitable furniture for use is all that is nec
essarily required, and is ' all that comes
within tbe limited and restricted meaning
of the words used in the constitution.
Yet tbe General Assembly has construed
this power to ieyy taxes for tbe support of
government to authorize the expenditure
of money raised by taxation to adorn tbe
public ground with trees, grasses, flowers
aud tbe like, «nd to adorn the walls of the
building with tbe portraits of distinguish
ed citiz n*.
Tbe enstitutioq provides that tbe
“trustees of the University of Georgia may
accept bequests, donations and grants ot
land or other property for the use of said
University. Iu addition to the payment of
the annual interest on tbe debt due by tbe
State to the Uoiversity, the Geoeral As
sembly may from time lo time make such
donations as tbe condition of the treasury
will aatborixe.” The term “the University
of Georgia,” strictly construed, would in
clude the departments at Athens. A little
wider construction would embrace the
Medical department at Apgusta, and the
branch college at Dablonega, both of these
institutions being in existence as depart
ments of tbe University at the time of tbe
adoption of the 'constitution. And the
strict C'>n8li uctionista would undoubtedly
•note d that donatioi a from tbe public
treasury were by tbe constitution limited
to tbe University of Georgia, as it existed
■tthe lime tbe constitution went into
effect,
Tbe General Assembly has, however,
construed this term ‘‘the University ol
Georgia” to embrace* not only the above
named departments, but separate aad dis
tinct seboos. established since 1877 at va
rious points in the State. Branch colleges
at Cuthbert and Tbomasville were estnba
In 1881. Tbe School of Techn«logy wan
established is 1883. The G-T.-ia S-rma'
sod Industrial college at Milledgeviilc w«a
established in 1888 And all <>f these haw
been recipients «f donations from tne pub
lic treasury as component porta of the
Uolvers’ty of Georgia.
In 1889 tbe General Assembly passed an
act that tbe office of Stale G-olOgist be re
vived. This office, first esiabll»bed in 1874
w to an annual appropriation provided tor
the term of five years and n» loogen, ex
pired by limitation io 1878 Tne act of
1888 does o» provide an npproptiatiou t>>
carry into effect tbe old law, bat proceeds
upon the theory that tbe office was de
funct, and tbe set is to be considered as
the creation of an office by tbe Gener.l
Assembly,and therefore thr question arises,
has tbe G -beral Assembly the right to cre
ate Ibis office, and provide for its mainte
nance oat of tbe public fund. Toe Gener
al Assembly has construed tbe provision
of the constitution which authorises a tax
to be levied for the support of the govern
ment, and tbe public institutions to author,
m tbe appropriation of money raised by
taxation to support this offle-. By refer
ence to this act, it will be found that tbe
duties of tbe state geologist sod bis assist
ants are to make a careful and complete
geological, mineralogical aud physical sur
vey cf the state; to enter upon record to be
kept for that purpose io his office an accu
rate statement of the extent of all wati-r
powers, woods, roads, springs and water
courses, and the climate, topography, amt
general physical character of the country,
and to locate the belts of ores and useful
minerals, bu ldiog materials, r port char
acteristics, and cmpwi ion
of the soils, and tbe deposits of
marls and phosphates, to coKec , analyze
aud classify specimens of minerals, plauu
and soils, and enter tbe same upon record,
to cause to be preKrved io a museum spec
imens illustrating the geology, mineralogy,
soils, plants, valuable woods, aud whatev
er else may be discovered in Georgia sf
scientific or ecooomic value, and shall
make a report of the survey of everv coun
ty in tbe state, accompanied by all neces
sary maps and illustrations ” WIiy is puo
lie money appropriated to sustain this de
pertinent? It mav be answered, b cause
the General Assembly have declared thnt
it is necessary and p operto the welfare ol
tbe state. And so it is. But while the
welfare of the state by tbe work of this
department is promoted, the state only re
ceivts an indirect benefit. Tue direct ben
efit of tbe money so used, flowing to the
owner of the soil, woods, and water powers
And the right <>f th • owner of the soil it-
cirefullv guarded in the Act, which de
clares, “that neither the state G ologist not
his assistant shall disclose to aoy person
except to the ow er of tbe land, the result
of his survey until the same is mAde pul -
lie by the publication of the report by the
Advisory Boar. . If this use of tax money,
intending directly to benefit the individpal
land owner of tbe state is consistent with |
tbe constitution, and no just ground can b
«hown why it is not, why msy not
General Assembly sppropri
ate money to make c >mplet>
the advertisement of all the resourses
f the state of every character, and collect
articles and specimens into a like museum
as is contemplated in tbe act under consid
eration, and make a display of such at tbe
place where soils plan's, minerals, and
woods are required by this act to be dis
played? And if this collection is once made
and added to front time to time, what is
t"ere to prevent the General Assembly
from auiborising it to be exhibited iu any
pltce in any country where it may attr: ct
the attention of investors? I f the scheme
of the State in providing tor lhe Geologi
cal survey is to attract aad advertise tb
property of the citizens of the state, and
it certainly is,then in regard to this particu
lar advertisement as Weil as to oth'-ra that
may added to it, and should be added, the
part of wi-dotq d mands that tbe articles
intended tor display and advertising shoulJ
be rxbibited at the place or places where
the attention of the largest number of per
sons would be attracted. Admitting
that we may.advertise the resources of the
Slate with tbe public money, and tbe Leg
islature have no decided, there is no just
reason why the advertisement should be
set up only within tbe limits of the State.
If a merchant in tbe city of Atlanta inter
ested iu selling goods in several States fails
to use the oewspapei which has a circula
tion in these states and contents himself
with signs, painted with a pot of lamp
black and a brush upon barrel tops, and
displayed conspicuously in front of bis
place of business, it would not be bard to
foretell the business future of such a mer
chant.
But it may be contended that the offic
of Sta’e geol gist being inexistence when
the Constitution was adopted, that the
failure of the Constitution to abolish it left
it io the power of the General Assembly' to
continue it. While this office was in ex
ist Dceattbe time its life was limited, and
if strict construction of the Constitution
was followed the General Assembly would
have been powerless to coutinue an office
which it is to be supposed tbe convention
knew was to die in a certain time.
lostances of legislative construction of
tbe various clauses in the constitution, au
thorizing the exercise of powers not ex
pressly conveyed, and authorizing tbe ex
ercise of powers not within tbe strict
meaning of the words of the constitution
but stdl so n ar thereto as to be legiti
mately impli-d, might be multiplied indef.
initely, and the exercise of such powers
cannot be said to violate tbe spirit of this
ius'rument. The decision of the courts
and tbe acts of tbe general assembly un-
impeacbed in the courts demonstr.te that
we may leave the letter of the constitution
and still be within tbe limits of its spirit
In construing a written instrument,
where the instrument is in the woids of a
person to be construed who is fully ac
quainted with tbe intention of tbe maker
communicated to.bim outside oi the in
strument, an errhueous construction will
sometimes be reached by coofusiog the
spirit of the maker of the instrument with
the spirit of .the instrument.' One of the
Cnaucellors of Englaud, after delivering
hd opinion constrn nt an act of Parlia
ment, added to his op nion substantially
these words: “The opinion in this case as
to the proper const'action of the act of
Pari ament under consideration • is relied
upon confidently as the true constructio
because it s<> happens that I was Ibe au
thor of the 1 i that ow constitutes the
act.” In later years auother chancellor iu
criticising tb a position of his predicessor,
used substantially Ibis language: ‘ Tue
man whs draws ao i. strument in writing
is the%st person who should b’ aefeed to
construe it, for the simple reason that tbe
construction made by him would be mote
apt to be iu accoi d- nce with a hat be want
ed to do than with what the iuatrnmeut
they wanted to do, but what have they
done.
T<> answer ibis question we moat disa
buse our minds a* tar as possible or alt
k owted.-e that w* h«ve of the int>-ntio»
or the framers of the constitution, proceed,
tag and uuring the convention, and look
to the instrument alone for its intention
and its spiro. M>ny acts of the general
assembly may be said to ainiate tbe inter
line ot the framers of the constitution, bu>
tn>-y are in full accord with <h ■ I. U»r «nd
spirit of the ins rument itself. And this is
no new rule of cnoatnictiou which is at
tempted to be applied to tbe fund mental
law of tbe land. Tue rule contended for
sod written instruments have !>eeo ro- x-
■atent. It applies to duotfe, wills, ordinary
C'.tnuwcial contracts, the ordinances of
ci'ies, the acts of the general ass mbly, the
constitutions of the different atatas and the
constitution of tne Uidied States.
Ao advertisement by tbe state through
the medium of an exhibit at tb- Columbian 1
Exposition in Chicago, in 1893, being coa -
tidered by ail prisons necesaaiy and proper
for the welfate of tbe state, and the use of
tbe rental of the state road for that pur
pose being consistent with the constitution
holh in letter and in spirit, the power of
the gener.l assembly to bring about the
great benefit to be derived to the state and
her people through ibis means is complete.
Intetested as a citiz. n of tbe State in every
matter that affects ber wellare, and being
thoroughly satisfied that to lose tbenppor.
tuuity which is off. red to the state to ad
vertise herself to the world would be a se
rious mistake, if not a fatal blunder, and
b-ing fully aware of my obligation to the
state as a citizen, and the obligation of the
oath that binds me as an attorney at law to
support and defend the constitution of t In
state ol Georgia, I present the foregoing
views to your consideration, which to my
mind, clearly maps out a plan to be follow.
—t, which will n> t do violence to the con-
rtit nion <>f the state, and which co .Id not
be inconsistent with tbe conscience of tin
moat upright citiz-n.
DOLLARS
FOR OLD STAMPS.
BURGER & CO., No. 59 Nanai St.
tier. Maiden Lane. XBW TORE,
wtli pay cwk lor OM rnstage Mamps aad
Stamped Khvatopee int between toe yean Ml
and tm.
They particularly itmlre the asovidoaal city
•tamps, which weie leaoed at Uw brgtaaiag of
the war by pertwaatera at a number at Zoom*
era cilice.
Annexed are a sample of the prtcaa Uwy pay:
Uvlaaatm. Ala., lift. Sc. Mae M
NaahrIUe.Aas ,last,too.green MR
Marten, Ya.,lMl.aay vataa. MM
The above prtcaa are tor stamps oa ttw origi
nal envelopes In good ooadl toe. Stamps cot
t.o u envelopes are worth abo.t S par cant teas.
Attention Resiled to tbe fact that they bn. all
stamps yon may hate, ao matter how maay.
sent them on by registered letter or express
and receive their valne In cash by raturn at mall.
Reference : National bash at Deposit. New
York. May ti -dlw.
TfalttulLiftlisinBceCo. Kin YmI
LA BORE,' STRONGER AND KXTTXX
THAN EVER.
GRANT A CHARBONNIKR, ZAgeata
Athens
Livery, Sale and Feed
Stable.
R. P. SORRELS, Proprietor.
Best o! Turn-Out* always on hand.
FINESTOCK
For Bale at all Times.
Strong Men.
Women love strong men. A weak
man may excite their sympathy and s
woman’s • a eful tenderness soothe and
soften the anguish of a weak man’s
soul, but the laughing, joyous, warm,
exuberant love of women dear, belongs
to the men that are strong and noble
and k nd. TJ)en why will a man con
tinue we.;k, and mean and peevish?
An old gentleman writes: “B. B. B.
gives me n :w life* and strength. , 1
there is anything that will make an old
man young, it is B. B. B.”
Some men say, and women too, they
never feci weak aud mean except in the
spring. Why then feel weak and mean
and nervous and prostrated in the
spring time when life and spirii
awakens with thrilling buoyancy even
the vegetable world ? Must you allow
sluggish blood, inactive organic func
tions, rusty joints and general weakness
to make your life miserable simply be
cause the long winter has restrained
your natnral activity ? It need not be
If only you will use that pleasant and
incomparable tonic blood purifier
known as B. B. B. or Botanic B ood
Balm your health in spring timswill
be all that you can wish. Try it thL
spring. Try it now.
P. A. Shepherd, Norfolk, Va., August
10, 1888, writes: “I depend on B. B. B.
for the preservation of my health. 1
have had it in my family now nearly
two years, and in all that time have not
had to have a doctor.”
A branch college at MiL
1879. ‘
says.”
We meet with this difficulty (-■ uonstru
in*; the constitution of 1877. Nearly every
individual within tbe sound of my v >ice
was a witness to the deliberation of cor-
vention of 1877, and the events which
Keep Warm in Winter
—*A*3sn>—
Cool in Summer.
h ilk In Company
Is prepared to furnish the
Best Black Diamond Coal and Wooa
ICE-AX in the Sum-
GANN’S OLD STAND,
Thomas Street, Athens, Ceorgia.
April 55— Ifw. ,
W ANTED.—An active, reliable tnan—talarv
870 to fso monthly, with lucrease, to rep
resent in his own section a responsible Mew
York House Reference.. ManCpactumkh,
Lock Box, l’SS, New York. Dec. 31—stl
Macon Fire Insurance Com
pany, of Macon, Ga. Grant
•fc Charbonnier, Agents.
u nnn "gp*
VtiMtlll ORCtNS
Placed in Southern Of data lf>0—Tea*tj wu/
'iacceeafal buajndkwaJeaawr tdzXUliM Niait
and yearly increasing. Whjr? EecMtae the Coe&try I*
Hooded with Cheap* later!at* InOaeaf, beat
TO SELL-NOT TO USE
ud the pobbe hie tn»»< 1 theS
WE DON’T SELL THAT KIND
!>ir Instrument! Wul IA. wwld. OeMnlXW
clun factories Tima. bAA. SMlh MA
;uUjr—all in plain print. Ea*jr to boy tmm m.
IUDDEN&BATEQ
L Southern Music Hours, U
SAVANNAH. CAj.
Grant & Charbonnier,
General Insurance A gts
■ AND
Merchandise Brokers
tVe represent the STRONGEST COMPANIES
and our faculties enable us to place desirable
property in Athens and adjoining counties on
Liberal. TKKMP “nrsonal attention given
io all business ent uste toonreare.
vo are also R>‘ dent agents for the Vernons
“SMITH PRKMII h ' PK-WRITER. An la-
reHilgation will pi ttsfy yon of its superiority
over other T pe-Wrl ers. New improvement#
in every way Call and see them at our cilice.
No. 218 East Clayton Street,
ATHENS, GA.
•eRANT A CHAR BONN IKK. Agents.
.5 ROOM HOUSE
ON OCONEE STREET for RENT.
Apply to
May 4—tf. M -s. T. A. ADAMS.
A. G. McCubbt. P. P. Pboftitt
Aheua, Ga. Elberton.
McCURRY ft PROFFITT, ~
ATT0MKYS 4T LAW.
ATHENS, GA
Genera) Isw practice. Office Broel St. op
stairs, over Max Joseph. April 19—MAwtf
During the winter and
mer.
Orders left at
receive prompt attention.
SentSdlv
in Street will
3 V. E CO.
SORRELb at sM.i'1 B
Dr. U. M. EDWARDS.
Office over Jackson A Vincent's— Commercial
Hotel at night.
April SO—dly.
The, Weekly Banner—the
great Democratic organ of the
Eighth and Ninth Districts,
brought about that convention. We aii I It s worth more than a uoiiaF
know what they wanted to do, and there j
meat, it 14 to be conctdai that no t., 1 era! welfare of any community esn ODly ledgevtile was is’ablisbed in 1879.. A . know wbai they wanted to do, and there t-,x i»«t it for that,
went, m roa. no pax can ^ ptmoui bJ bfio ^ ag , ho l*«ch college at Hamilton w»s established J can be DO dispute among u* as lo whatl ° Ut V™ g6l _
JPhenix insurance Co., of
New York. Grant & Char
bonnier. Agents.
" THE ELECTR0P0ISE
APPLICABLE TO TREATMENT OP AU.
Chronic Diseases,
When the Indications ara not strictly
Surgical.
Nervous Affections,
Such as Neuralgia, Insomnia, Partial
Paralysis, Nervous Prostration, Anae
mic conditions that do not respond to
ordinary tonics, Torpid Liver, Spleen
or Kidneys, Pelvic troubles of women.
Functional.troubles of heart, Dropsy,
Milkleg. Impoverished Blood, Chronic
Hemorrhages all yield to its tonic influ
ences and persistent use. By the Bkilled
use of £lectropoi>>e. Acute Rheumatism
aud Malarial fever are rendered harm
less or aborted. All the weak points ia
the system are helped—even incipient
c u-umption has been eared. Tho
power of opium and alcohol over the
system are often subdued by the re
storative influence qf this instrument.
No shock or unpleasant sensation ol
any kind received in its proper use. It
is not liable to be abased or to get out
of order, its good effects are man
ifested on patients in longer or shorter
time, according to chronicity of tbe case
and susceptibility of the individual.
The “Pocket” poise can be used at
home by purchaser. Price |2&. The
larger or “Wall’* poise is better adapted
to office practice. Price $30. A book
of instructions with each instrument.
W. S. Whaekt, m; D.
d&w. Agent, Athens, Ga.
Subscribe ior tbe Weekly
Ba»n*8.