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About Weekly chronicle & sentinel. (Augusta, Ga.) 1866-1877 | View Entire Issue (March 13, 1872)
OLD SERIES—VOL. LXXIX. (Ci)ronitl* anb Smfinel, Terms of Subscription. DAILY. One msutb % 1 00 Three month* 2 50 One year. 10 00 TUI-WEEKLY. One year I 6 00 Hix month* 3 50 Three month* 2 00 WEEKLY. Tliree month* % 1 00 Hi) month* 1 50 One year . . 300 WEDNESDAY MARCH 13. THE COTTON CROP ESTIMATES. In another column we present the j views of the Columbus Enquirer and j the Montgomery Advertiser upon the extent of the cotton crop of 1871. We do not agree with our cotemporaries in these estimated, hut we place them be fore our renders that they may judge for themselves in the premises. If we should venture a guess in the matter—and these crop estimates aVe at lust alt guesses —we would place the crop at least as high as three and a quarter millions. ABTONIHHIMi IMPUDENCE. There is no one thing more unblush- J ingly impudent, says the Detroit Free Press, than the pretended love for the Constitution which has all at once broken out among the Grant leaders. Scarcely a prominent measure in the whole policy of the Grant Administra tion but what is in most shameless viola tion of the Constitution, and yet the authors and supporters of these infam ous acts are just now pretending great devotion to, and friendship for the Con stitution. Think of a man who supports the Ku-Klux law, who endorses and de fends the reconsruction acts, who justifies the military invasion of a State in a time of peace by the General Govern ment. for the purpose of waging war up on the people, pretending to have a reverence for the Constitution of the I'nited States! Could anything be more boldly impudent or more basely hypocritical ? I) l PLOM A TIC TROUBLES. The present Administration has no sooner got out of the Cataeazy difficulty than it finds more trouble ou its hands, brought about by the alleged miscon duct of General Sickles, our Minister to M adrid, and Mr. M rah, Minister to Italy. The Spanish Government has com plained to General Grant that Sickles, whilst Minister there, has “taken so prominent a share in Spanish politics as to give the Government grave offense.” The Italian Government makes similar charges against Air. Marsh; but the chief cause of his offense is alleged to be contained in a letter which he wrote on the 12th of September, 1870, in which severe and unjust reflections were made upon the Italian Government and its incapacity to regulate its conduct with foreign nations since the overthrow'll of the French Empire, upon which it re lied in all its international affairs. It is a singular coincidence,that while General Grant was urging upon Russia the removal of her Minister at Wash ington, upon the ground of his alleged improper interference with our national affairs, the President’s own Ministers in Spain and Italy were engaged in a much more shameful interference with Spanish and Italian affairs than were ever charged against the Russian Minister. RESIGNATION OF DISTRICT AT TORNEY POPE. The Atlanta Constitution says : We give below the letter of resignation. We bad heard rumors that the District At torney would have to give way for a more extreme partisan, and we have no doubt that he resigned because he could not engage in the vile persecution and disgraceful work of the Ku-Klux busi ness. Office United States Attorney, \ Atlanta, Ga. , Feb. 23,1872. * To the President : Under recent legislation certain duties are devolved on United States Attorneys which 1 cannot perform without great reluctance. Tp to this time I have labor ed faithfully to perform all these duties, whether agreeable or not, but the opin ions which 1 hold render me not a proper person to become an active agent in many prosecutions of which the United States Court now have jurisdic tion. I, therefore, respectfully tender my resignation of the office of Attorney of the United States in and for the Districts of Georgia, to take effect when my suc cessor is appointed and qualified. I beg to assure vou of my greatful ap preciation of the lionor which I have en joyed at your hands. Your obedient servant, John D. Pope. DAVIS AND PARKER. The nominees of the Workingmen’s Convention for President and Vice-Presi dent are beginning to create serious thought and much comment in political circles. The Washington correspondent of the Charleston Courier, in his letter of the 22d, says : The nomination by the National Labor Convention at Columbus, Ohio, yester day, of candidates for the Presidency and Vice-Presidency, is a matter which may prove to be one of great political importance. The convention forestalled the expected action of the Liberal lie publican Convention, to be held in Cin cinnati on the Ist of Mav next, by nomi nating Justice David it. Davis, of Illi nois, for President, and Joel Parker, of New York, for Vice-President. This is an admirable selee*>on, and while it suits the Liberial Republicans, it falls in with the passive policy of the Demo crats. Judge Davis is undoubtedly the choice of Democrats here who favor the passive policy. It is almost certain that the Cincinnati Convention will nominate the same ticket—Davis aud Parker. ♦ *♦**♦* Justice Davis is a Republican so far as the Union and the Constitution art' concerned, and a Democrat in regard to the interpretation of the Constitution, ami the actual administration of the Government under it. Then lie has the advantage of large wealth, and will not Vk' exposed to the temptations which wealth, whether private or corporate, might offer to a President-. Again, too, he has the advantage of a national posi tion in regard to sectional interests. He has an equal claim upon Massachusetts, Maryland aud Illinois. Thus, he repre sents the Eastern, Southern and West ern sections of the country. In another letter, bearing date the day following, the same writer says : Justice David Davis will be the next President of the United States. The change of Administration desired by the people has only awaited the lapse of extreme partizan into a moderate and normal condition. The country has for more than a decade been kept'by party politicians under a continual strain of excitement, and the time has come when all will denounce party trammels. Judge Davis has accepted the Colum bus nomination, in admirable mood, that give in themselves a prestige of success. He is in the hands of the peo- ple, and not of any one party or sec tion. It is well that the first nomina-1 tion should come from the Northern and Western laboring masses, for they form, after all, the basis of every reform move ment. The foundation or the new party of the conntrv will thus be laid deep, and bear a solid and prominent national the Republican reformers will nominate Davis at the Cincinnati Con vention, in Mav, is quite certain. The Democracy everywhere, free from the dictation of interested leaders, will cor diallv accept this nomination. Salt t.ict, March 6.—The Pacific Railroad is again blocked by snow and floods. MORE RADICAL DEVILTRY. Seventeen prisoners from White coun ! ty were brought to Atlanta, on Saturday | last, under arrest for alleged violations !of the Ku-Klux law. United States i Commissioner Smith admitted them to • bail in the sum of five hundred dollars ' each to appear before the United States ! District Court, which commences its 5 session on next Monday. ! These persons were arrested on the af- I fidavit of a negro woman, Mary Brown, j who charged them with having gone on ! the premises of Joseph Brown, Mary’s ! husband, on the 21st of May last, with ! the intention of depriving the said Jo i seph and his wife Mary of their rights and liberties. NOT TRUE t The reports which have been current ly circulated for some weeks since, to the effect that the Central Railroad Company was endeavoring tp secure the control of the South Carolina Railroad, is pronounced by President Wadley, of the Central Road, untrue,! in the follow ing letter, addressed to the Morning News : Central Railroad Bank, i Savannah, Ga., March 1, 1872. ) Editor Morning News : I have recently learned through a friend, what seems to be confirmed by an article in your issue of this day, that it is still believed by many persons in Augusta and Charleston that the Cen tral Railroad Company is in some way connected with an effort to secure the possession or control of the South Caro lina Railroad. As these impressions are so persistently retained, it is perhaps due to the stockholders of both com panies that I should notice them. The simple fact is, that no such pro ject has been conceived or entertained, either by the Board of Directors of this Company, or by me as its President. The first information on the subject reached the Board and the President through the Charleston newspapers, and this was only met with the expression of astonishment that a rumor so entirely unfounded had taken such possession of the public mind in the city of Charleston. Wm. M. Wadlet, President. In this letter there is a careful avoid ance <>t any allusion to the efforts of Moses Taylor and W. B. Johnson, both large share holders and, we believe, Directors of the Central Road, to buy up large quantities of the stock of the South Carolina Railroad. So far as we have seen, the charge has been, not that, the Central Road in its corporate capacity was buying up the South Carolina stock, but that two of its leading and influen tial corporators was engaged in this project. The denial of Mr. Wadley, therefore, amounts to nothing at all, so far as the real facts about the matter are concerned. THE MOUTH CAROLINA LAND AND IMMIGRATION LOTTERY. The Charleston News publishes edi torially a full, and, it appears to ns, a satisfactory account of the late drawing of this Association. From this state ment, it appears that at the time fixed for the drawing, and which had been al ready postponed from a previous date, less than one-sixth of the whole amount of tickets had been sold. The mana gers, after much deliberation and consul tation among friends, determined not to reduce the prizes in proportion to the tickets unsold, but that they would take the risk and let the original schedule stand. In this way tlfcy became pro prietors of all the unsold tickets, which was perfectly fair, as they thus become bound for a large amount for the unsold tickets. The following is a tabular statement of the condition of the Association when the drawing took place : The whole number of tiekets disposed of was 28,467 The number of unsold tickets held by tfie Association on the day of the drawing was 121,533 Total number of tiekets.... 150,000 The proceeds of 28,467 tickets, sold at $5, wero ...$142,335 Deduct expenses, already paid.. 105,888 Cush balance, available for prizes drawn and miscellaneous dis bursements $36,447 This exhibit, says the News, demon strates the fact that the Association made no money out of the drawing. Out of the $36,447, the Association paid all the prizes that were drawn, and, besides so doing, they gave $5,000 to the State Mechanical and Agricultural Society, SSOO to the Confederate Widows’ Home and SSOO to the Catholic Orphan Asylum. When the few outstanding claims are paid the Association will have absolutely . nothing left. We have taken particular pains to as certain the receipts and disbursements in the city of Charleston, and we find that the whole number of tickets sold in the city 5,839, realizing $23,356 uet cash. The rapenditure of the Association iu Charleston, in prosecution of the business was $41,500, exclusive of over SIO,OOO paid out in premiums. This proves, we think, that Charleston has no cause for grumbling. [From the Columbus Enquirer.] TUN CROP CERTAINLY UNDER 3,000,000. The constantly diminishing receipts i of the last three or four weeks have eer- 1 tainly upset the calculations of those who have been contending that the cot ton crop of 1871 would exceed three millions of bales. Toe Agricultural Bureau, even, will have to give it up, and try to do better next time, and the lesser “ big crop" prophets must submit to a loss of faith in their sagacity. Every thing has favored a greater effort to hur ry the remnant of the crop to market, during the last few weeks, than was made during the corresponding weeks of last year—higher prices, navigable rivers, more railroads, and a cold term that de layed planting operations and afforded a better chance for hauling to market; and yet the receipts, as compared with last year, as well as with former weeks of this season, have been progressively falling off’, until those of last week were but little over half as large as those of the corresponding week of 1871. The Montgomery Advertiser , of yes terday, sums up tfie prospect thus : “In the year 1870 the receipts of cotton at all tfie ports from the Ist of March to the Ist of September aggregated 760,000 bales. If the same number shall come in this year the total receipts for the cotton year will reach 2,926,000 bales, which will of course include all the old crop left on hand at the beginning of the year, say not less than 200,000 bales. But we have no idea the receipts this year will keep pace with those of 1869- ! 70, for reasons heretofore sufficiently set forth. It will be ‘ a tight squeeze’ if the incoming crop goes above 2,700,- 000 bales.” A Large Sum. —We learn, says the Atlanta Sun, that the books of the Western and Atlantic Railroad show $1,698,752 92 due the State by railroad, steamboat and ship lines—besides per sonal accounts and the claims on those who have plundered the road and the State. This is a large amount. Doubt less there are very large off-sets by the roads and lines against which the ac counts exist, and it may be that final settlements will not realize much for the State. In walking always turn your toes out ward and your tfioughts inward. The former will present you from falling into cellars, and the latter from falling into iniquity. SENATOR WILSON NOT OVER-CON FIDENT OF SUCCESS. Senator Wilson having completed hie engagements for stumping New Hamp shire in the interests of the Radicals, re sumed his seat in the Senate to-day. He states that both parties are working vigorously for success, and although liis preferences are with the Radicals, he is not over-confident of their success, i The fact of four tickets being in the field does not, in his estimation, injure ! either party very seriously. While he does not tliink the Temperance ticket will draw very largely from either Dem ocrats or Radicals, he admits that the Labor Reformers are solidly in favor of the Democracy. THE LABOR REFORM CANDI DATES. The Washington correspondent of the Baltimore Gazette, in a letter to that paper, says : “A prominent politician, admitted to be one of the shrewdest and best inform ed in the country, and who has been identified with the Republican party since its organization, declares that if Judge Davis is nominated by the united opposition (which this gentleman be lieves will occur;, General Grant will get the electoral vote of no more than six States. The gentleman mentioned has conferred freely with nearly every Demo cratic Senator and Representative in Congress, and he says he has yet to meet the first one who opposes the nomination of Judge Davis. He is of opinion, however, that Horace Greeley would be the strongest man in the coun try as candidate for Vice-President. A GOOD SIGN. Forney, of the Philadelphia Fress, and his coadjutors, are pouring out ven omous abuse upon the nominees of the Cincinnati Labor Reform Convention. Both of the gentlemen nominated were considered good enough men until named as opposition candidates, but now they are “selfish,” and “ambitious,” and “ inexperienced,” and “ unreliable,” and “not true enough to party.” Well, gen tlemen, is that all you have to say against them ? Are they not honest and capable? Have they not, each of them, over and over again, proved their popu larity with the people and the country ? Is not one of them a most excellent Judge of the highest Court in the land, and the other a most excellent and pop ular Governor of a State ? But they are not for Grant. Certainly not! Neither are thousands of the best Republicans in the Union, and not only in Missouri, Illinois and Kansas, but in the Middle and New England States. Well, how about these men ? Are they “selfish,” “umeliable,” and “not true?” Is For ney going to have these thousands read out of the Republican party as Grata Brown, and Schenck and Davis have been read out ? SUMNER ON GRANT. The editor of the New York Independ ent (Rad.) interviewed Mr. Sumner, a few days since, in relation to his future course toward General Grant, and gives the result of his interview iu his paper ns follows : He asked Mr. Sumner if he would not vote for Grant in case he should be re nominated. “ No,” said the Senator, “I will never vote for him.” “ Why uot ?” “ I am satisfied,” said Mr. Sumner, “ that Grant is a dishonest man. That is sufficient to justify me in saying most positively that I cannot and shall not support ’ him. For other reasons he is unfit to be President of the United States. He does not possess the necessary capacity. He is ignorant of the details of civil government, and does not manifest a disposition to learn them. He is venal, ambitious, and vul gar in his habits, and possesses a cun ning which is low and dogged. He lias a strong will, but it is never controlled by reason, hence he becomes perverse, and the man, when he should be most yielding and gentlemanly, is most obsti nate an unmanly. Such a man is unfit to be President of the United States, and most unfit to be the candidate of the Republican party. He ought not to be nominated by that party, and shall not, if I can help it. I cannot honorably support a party that will sustain such a man.” WHO OWNS THE CARTEIISVILLE AND VAN WERT RAILROAD. This is a question of significance and importance which is now frequently asked. Who are the legal and equitable owners of the road ? Hon. John W. Wofford claims a por tion of it by virtue of a purchase at sher iff’s sale. Henry Clews prevailed on Conley to seize it for him, but Gov. Smith favors doing only that which is right, just and lawful, and has refused to continue to hold the road which was so improperly seized by Clews’ friend Conley. The pretended stockholders of the road (Clews being one of them) per haps think they own it, and perhaps they may hold it, if they succeed iu “in juncting” it out of Mr. Wofford’s hands, and perhaps not. The opinion is strongly entertained, by several intelligent men, that the road legally and properly belongs to the original corporators —those named in the charter and their associates. These original corporators subscribed some forty or fifty thousand dollars, and met to organize under the charter. At that meeting, Maj. Mark A. Cooper was present , and w hen invitations were given to subscribe for stock, he at once took two hundred and fifty thousand dollars of it—being nearly all that remained of the S3OO,OtX) named iu the charter. This secured him the Presidency of the road. While lie was filling that office the bonds I of the entire road were issued, endorsed | by Bullock and sold in flagrant viola tion of law, as our readers know. The road has been entirely built by the money raised by sale or pledge of the State endorsed bonds, sis very little was ever paid by the stockholders. When the bulk of the stock was taken by Maj. Cooper, and the road virtually passed out of the hands of those who first got up the enterprise and procured the charter, there was very serious objection by the corporators, and they were finally quieted, and allowed the matter to pass into the hands of the Philistines upon the express condition that the road should be built, and the terms of the charter faithfully complied with. This was pledged aud faithfully promised by Maj. Cooper—so we are told—but the crowd he was then working for and co operating with have failed to comply with this pledge. Having failed to fulfill their promises, the road is the property of the original corporators, and sfiould revert to them. Such we are informed are the facts, and the opinions of some of our best lawyers and other citizens. —Atlanta Sun. Iu answer to a House resolution, Sec retary Boutwell transmits a harrowing | account of the dangers of steam naviga tion on United States waters for the years 1868, 1869, 1870 and 1871. On the Atlantic coast were 38 casualties by fire, ; 18 by explosion, 31 by collision and 15 by wreck —total, 102 : on waters flowing into the Gulf of Mexico, 88 by fire, *25 by explosion, 37 by collision, 187 by sitting and 2 by wreck—total, 339 ; on the lakes, 23 by fire, 9by explosion, 17 by collision, 17by wreck, and 8 by sinking total, 69 ; on the Pacific coast, 2 by fire, 4 by explosion, 2 by collision and 8 by wreck —total, 16 ; making a granda ggre gate of 526. The total value of proper ty destroyed is given at $13,373,850, and the total dismal record of mortality shows 1,455 lives lost—more than one for every twenty-four hours in the four years under review. Trot, X. X., March 6.—The Demo crats elected the city ticket by 1,000 ma jority. AUGUSTA, GA., WEDNESDAY MORNING, MARCH 43, 1872. [Special Correspondence Savannah Morning News.] AFFAIRS AT THE CAPITAL. Atlanta, Ga, February 29, 1872. GOVERNOR SMITH AND THE BAILROAD BONDS. It is believed here that the Governor will carry out the policy inaugurated in his late* proclamation touching the Cherokee (Cartersville and Van Wert) Railroad, and apply it to all other roads where bonds of the State have been is sued or endorsed in the same illegal and fraudulent way. In other words, it is believed that the bonds issued or en dorsed, as the case may be, to the Brunswick and Albany Railroad Com pany, or to the Cuthbert and Camilla Railroad Company, or to any other company, if obnoxious to the same ob jections, will be treated in the same way as the Cherokee bonds have been treated. HENKY CLEWS <fc CO. If this should be the case, then Henry Clews & Cos. will find that their evil practices have profitted them but little. It is said that this firm wrote to Gov. Smith some weeks ago, and made a polite tender off their services to the State as experienced financiers. This was handsome, but the Governor’s reply was quite as handsome. He thanked them for their offer ; said he appreciated the same fully, and would certainly call upon them whenever he found himself in need of their services. THE BOND INVESTIGATION. There is another well authenticated report in official circles, viz: that the new Superintendent of Public Works has been instructed by the Governor to proceed at an early day to collect up all the evidence bearing upon the issue and endorsement of bonds by Gov. Bullock and acting Governor Conley, the dates of the bonds, when and by whom issued, when and by whom endorsed, when and by whom negotiated, and, as far as pos sible, into whose hands they have pass ed ; whether the provisions of the char ters of the several railroads connected with these bonds and the Constitution of the State have been complied with, and all other facts and circumstances of an authentic character which may serve to illustrate the history of the bonds and the parties connected therewith. Affi davits will be taken, as well as certified copies of proceedings in the courts, to gether with any correspondence that may have been had. All this evidence, when collected and collated, will be entered upon record, and the papers carefully filed away with a clear, impartial and succinct statement of the whole matter. This will be done to the end that our children and grand-children, twenty-five, fifty, or one hundred years lienee, if then called upon to redeem any of these bonds, which may have been illegally and fraud ulently issued or endorsed, may know what the truth is, and govern themselves accordingly. We know how difficult it is for Legislatures and Congresses to re sist the payment of claims that have come down from a former generation. Claimants usually preserve or collect up such evidence as they may need, while the other side—the public—unmindful of these precautions, preserves no proofs, and finds itself at last compelled, as it were, to pay the most fraudulent and preposterous claims. Gov. Smith wishes not only to protect the present genera tion, but to protect posterity as well. The good and genuine bonds he would pay, the false and illegal he would neither pay himself nor suffer posterity to pay, if lie can prevent it. THE “ TENNESSEE CAB COMPANY FBATTD.” Much has been said about the bogus “ Tennessee Car Company,” from which, though an ideal association, Foster Blodgett made large purchases, though he never obtained any cars. A. L. Har ris, better known as “ Fatty Harris,” late Supervisor of the State Railroad, says that Bullock would give instruc tions for the necessary requisitions to be made out for cars, which were enter ed upon the books of the road, and then instruct Blodgett to give his note as Superintendent for the money. In this way, notes to the amount of $150,- 000 or more were put out. Over SIOO,- 000 of the notes were placed with Clews & Cos., and upon which they advanced the money. WHAT PATTY HABBIS SAYS. Harris has made another statement recently before the committee charged with the investigation of the manage ment of the State Road. He says that if the road had been properly managed it would have paid into the Treasury $300,000 per annum, in addition to all necessary expenses, &c. If this be added to the $700,000 audited by the Auditing Committee, it would make SIOO,OOOOOO, virtually stolen from the peo ple of Georgia in one year. The re sponsibility for all this is placed by Harris upon Bullock. But this state ment is to be received with some grains of allowance in one respect. Harris is a devoted friend of Blodgett’*, and is indifferent, if not hostile to Bullock, whom he and the ring charge with all their misfortunes. Bullock is bad enougli, but the prevalent opinion here is, that Blodgett, Harris and Hoyt are infinitely worse. Bullock is said to have been a good-natured fellow person ally, and took pleasure in allowing his friends to steal what they wanted— looking less to his own interest than to theirs. A BRACE OF SCAMPS. Harris and Hoyt are a brace of pre cious scamps. Tfiey were two of Sher man’s ravening “ bummers,” when he swept through Georgia with a sword in one hand and a torch in the other. Some months ago, Hoyt was anxious to lead the military against the “ infernal Ku- Klux.” About the same time, Harris, an officer on the State Railroad, xvas charged with the agreeable duty of “ or ganizing” the Legislature—driving out white men with the bayonet, and putting in negroes, carpet-baggers and scala wags. Where are they now ? One is in the custody of an officer, and both are under heavy bonds for their many crimes. THE STATE ROAD. It is understood that A. J. White, one of the State Road lessees, has sold his interest to B. H. Hill for $15,000. It is further stated that the net earnings of the road for January were about $90,000. Ogeechee. RAILROAD STOCK SPECULATION. The Columbus Sun says: “A lively competition appears to be the order of the day in the sale of Mobile and Girard Railroad stock. The price has advanced fifty per cent. During the week just passed an offer of twenty cents on the dollar was made and refused. A short time ago eight and nine cents was all that could be obtained. The position of the Central Railroad does not appear as strong as formerly. That corporation failed to get the city stock in the Opelika Branch road, and now, we are informed, has agents about to buy the stock in the Mobile and Girard Road. The Central will not lease that road, and yet desires to own. The purpose appears to be to purchase the stock at a low figure, keep the road in debt and control it for her ! own uses. We are advised that measures are be ing taken to lease the road to a Western corporation. Owners had better hold their stock. Whoever sells, parts with his interest in the lands of the company, abut 450,000 acres. There is every reason to believe a lease j will soon be made on very favorable terms, and that the road will move for ward soon after. The stockholders have a good propertv, and when so controlled as to take advantage of competition, will have connections west and north. This done, receipts must rapidly increase. This line is shorter, by twelve miles, via Montgomery and Decatur, Alabama, to Louisville, Kentucky, than bv Atlanta. Competition once open, our city will prosper. Hold to your stock. Nice little arrangement they have of it down in South Carolina! 123 members of the Legislature pay $16.99 taxes, all told, to the revenue of the State. Same 123 members vote themselves $1,600 worth of spittoons! Who says the negro is not advancing towards a due sense of the responsibilities of citizen ship ? Who says Grant did not do right to suspend the habeas corpus and pro claim martial law in order to keep such model legislator* in offioe?—Washing ton Patriot. THE NORTH AND SOUTH RAIL ROAD. The Columbus. Sun gives the present status of this new enterprise as follows : “ The timber for trestling has been delivered at Columbus and Fortsom’s. The grading on the first nineteen miles would have been ( completed weeks ago but for the wretched weather of the past two months. Ten days of fine weather will finish up all but the twen tieth mile, which Jeff. Lane & Co.’s own force will complete at their own leisure. The piers at the Mulberry are fine speci mens of masonry, some sixty feet high. They were completed by R. N. Lee & Cos., who are now taking out some rock at Hancock’s. It is a small job and will end the rock work and masonry on the first twenty miles. At LaGrange the work is moving eoutlrward rapidly despite the terrible weather. Three contractors are at work, and others will commence as soon as location can be secured. Wiley Rob erts, of Troup, shows a most commend able spirit. He has contracted to work the eighth mile (from LaGrange), re ceiving in payment 10 per cent, in cash, the rest in stock. Too much praise can not be given Mayor W. C. Jarboe, for the energetic manner in which matters move forward in Troup. He in untiring in his efforts for the interest of the com pany, refusing, we are informed, all compensation for his services. Between Lane, Grant & Co.’s contract and that of the Troup County Company, there is a gap in Harris county, which as yet has not been let. The Harris subscriptions are payable when the grading reaches Hamilton. To carry it there will require about ten thousand dollars. Messrs. Fleming & Cos., who graded tenth and eleventh miles under Lane, proposed, at a meeting in Hamil ton a few days ago, to carry one-half of amount until the work was done, if the subscribers in Harris would advaqpe the other $5,000 on their subscriptions. Without delay the following advances were proffered : Capt. Wm. Johnson, $750; Judge Henry Kimbrough, $500; li. A. and S. Murphy, $400; Joel T. John son, $500; Sam. Goodman, $200; Judge Williams, S2OO. Other parties are to be seen, and Mr. Fleming has no doubt about being able to raise $5,000 or even more, so we may consider that the work will commence at once, thereby placing the entire distance from Columbus to LaGrange in active course of construc tion. Speaking of Hamilton, we are remind ed of a complaint from an old friend, who jestingly said that the railroad had taken possession of the old route to Hamilton, and the people would be forced to ride on the cars, whether or not. He describes the old road as occu pied for miles by mammoth banks, or turned aside to avoid heavy cuts, until it would hardly be recognized by one who knew it a year ago. The track laying will commence here, the officers report, by the Ist prox., when the “H. S. Estes” and the con struction train will come into play and put things through w ith a rush. At Rome the work continues without interruption, and the force will be large ly increased as soon as the weather im proves sufficiently to allow contractors to operate without loss. An officer of the company informs us that he hopes to see the grading at Rome followed closely with the track, so that Cedar Town may receive its Fall stock by rail. NEW HAMPSHIRE ELECTION. The Grant Party Alarmed—The State Covered w'ith Money. [Special to the Hartford Times.] Dover, N. H., February 29. Last evening the Democrats of Dover assembled at the City Hall to. listen to Hon. J. A. Fitzgerald, of Boston, and Judge Carpenter. Judge Carpenter’s speech was the most telling one of the campaign, particularly on the subject of Southern governments and Ku-Klux matters. He presented new facts to his audience, which reflected very injurious ly on the Republican party. The meet ing was very enthusiastic. It is only two weeks before election, and so far the Democrats are far ahead in prospects and work, and will remain so if hard work can do it. The Radical speakers have wholly ignored the subject of National frauds and Federal mismanagement, the ex posure of which is damaging them. They now labor only to cover up their frauds, and to shield Grant’s incom petency and complicity with corrupt jobs by the old story of the war and what was done ten yehrs ago, which makes no impression upon the reformers. The Democrats and Reformers fairly present the living issues—the questions that affect the interests of the people at the present time. They repudiate fraud and corruption wherever found, and de mand equal rights and honest govern ment. They are gaining converts daily. Leading Republicans have given up all hopes of electing Straw by the people, and are turning their attention to secur ing the Legislature. They are working the hardest in the close towns, as are also the Democrats. The hope of the Radicals is in the wards of cities having small Republican majorities, they hav ing been changed so as to secure the best Republican result. The Patterson-Rollins fight goes on, with little prospect of agreement. New York and Boston are adding to the greenbacks already sent here, and money is coming in very rapidly to the Rollins side, which makes it nearly sure that lie will win the day over Patterson, if the Legislature proves Republican. It is a fight of money against men, as money is the only tiling which can carry the Legislature against the Democrats. THE EFFECTS OF MUSIC. Memphis is a great place, and the effects of music upon the inhabitants of Memphis of the new world surpasses all that is found in fable or in legend that may be said of the people of Mem phis of the ancient world. A jolly good Memphian fellow who had been to Canale’s several times, after leaving the opera house recently went into ecstacies, as did all sober people.— He stood upon the comer of Main and Union and yelled and leaped into the air, threw up his hat and then leaping and bounding about would roar like the voice of the steamer Richmond.— When a policeman seized and shook the excited individual, asking why he was thus raising the devil, the answer was : “ Let me alone. I’ve heard Thomas’ orchestra—never knew before what music was—l’m full of it—spilling it out of me. If I didn’t I’d explode.” He then gave another gwful yell that made the window panes rattle for a mile around “ Shut up,” insisted the policeman. “I can’t,” insisted the’soul-full lover of di vine melody. “ Take me along to the calaboose and lock me in, put handcuffs on me, if you don’t I won’t sleep till I have gone around town and killed every fiddler and horn-blower that has been shaking the atmosphere in this place for ten years past. I’ll begin at the theatre, murder the orchestra, go for the two bands, assassinate the Mendelshons and them other fellows, and smash every piano that rattles in five miles of Mem phis. Lock me up.” The policeman led the devotee of the muses to castle Athy, of Memphis, Tennessee. As ibritatisg story of a bank-teller is now told in the newspapers. He had lived in Hartford, Connecticut, and hav ing saved a good deal of money, retired, bought a fine farm, stocked it, and went to live upon it like a financial Diocletian. The directors of his bank were so pleased that they voted him thanks and a money gratuity; whereupon he went to their next meeting and calmly inform ed them that he had made his little pile by speculating with the funds of the bank, and he also cautioned them to keep a good lookout for his successor, who might not be so successful as he had been. It is not probable that the directors considered these lemarks to be either grateful or complimentry. New Tore, March 6. —Charter elec tions throughout the State indicate little change in the strength of parties. [from our educational correspondent, j United States Educational Fund Act. Editors Chronicle & Sentinel : Through the courtesy of our attentive and able immediate Representative in the Lower House of Congress, General Dudley M. Dußose, I am in possession of a copy of the act entitled “an act to establish an educational fund, and to apply the proceeds of the public lands to the education of the people,” a full synopsis of which is herewith handed you. The hill passed the House on the Bth ult. It has not yet been acted upon by the Senate. Lobaine, proceeds of the public lands. The net proceeds of the sales of public lands are forever consecrated and set apart for the education of the people ; laws authorizing the pre-emption, of public lands or entry for homestead are not disturbed ; the power of Congress over the public domain, as respects grants of bounty to soldiers and sailors, is not abridged. THE MODUS OPEBANDI. The Secretary of the Interior, upon the close of the fiscal year, ascertains the net receipts from sales or other dis position of lands, and certifies the Secretary of the Treasury of the fact.— The last mentioned official proceeds at once to invest one-lialf of the amount so certified in United States bonds, bear ing interest at the rate of five per cent, per annum, the same to constitute a perpetual fund, to be known as the Na tional Educational Fund. The Secretary of the Treasury, on or before the 31st of July of each year, cer tifies the Secretary of the Interior and Commissioner of Education the amount to the credit of the said fund, the amount of said fund, and interest due thereon at the close of fiscal year last preceding said certificate. The Commissioner of Education, under the direction of the Secretary of the Interior, immediately upon receipt of said certificate, apportions to the several States and Territories, and to the District of Columbia, one-half the net proceeds of sales for the previous year, upon the basis of population, between the ages of four and twenty-one years, according to the last preceding general census—provided that, for the first ten years, the distribution shall be made ac cording to the ratio of the illiteracy of population as shown by the census. The first distribution of this money will be made to States and Territories which provide for a system of public instruction for all their youth prior to the first of January, 1873, or within two months of the first meeting of the Legis lature thereafter. The said States and Territories, etc., must provide for the proper application of all moneys re ceived under the provision of this act. EDUCATION OF TEACHFBS. The States, etc., may apply not exceed ing fifty per centum of the first year’s receipts, and not exceeding ten per cen tum of subsequent receipts, to the main tenance of one or more schools for the instruction of .teachers of common schools. CONTINGENCIES. Each State, etc., shall receive its share of every apportionment after the first, upon compliance with the follow ing conditions : It shall have provided for the educa tion of its youth between the ages of six and sixteen years ; shall have applied all moneys received under this act as per the direction thereof ; and and shall make, through the proper officer, a full report of the number of schools, teachers, school houses owned and hired, pupils taught during the year, the actual daily attendance upon the schools and the amounts appropri ated by the Legislature in support of of public education. APPORTIONMENT WITHHELD. Should the Commissioner of Educa tion, for any good reason, withhold a State’s share of the fund, said share shall be kept in the Treasury separate until Congress meets, when the State may appeal from the determination of the Commissioner, and the decision of Congress shall be final; provided, that no moneys shall be withheld from a State, .etc., for the reason that the laws thereof provide for separate schools for white children and black children, or refuse to organize a system of mixed schools. DISTRIBUTION OF THE FUND BY THE STATES. The State School Commissioner of each State, etc., shall apportion moneys received to each school district, which shall have maintained for at least three months during the preceding year one or more public sohools, upon the basis of the number of children of school age, or upon the actual attendance upon said schools, as may be determined by the State, and the moneys so apportioned shall be solely applied in payment of teachers’ salaries. HOW PAID OUT. Moneys apportioned shall be paid upon the warrant of the United States Commissioner of Education, counter signed by the Secretary of the Interior, to the officer authorized by the laws of the States, etc., to receive the same.— The official so receiving and disbursing the moneys aforesaid shall, before the 30th of June of each year, make to the Commissioner of Education of the United States a detailed statement of amounts disbursed, etc., etc. MISAPPLICATION OF THE BONDS. If any State fails to comply with the requirements of this act, or any of the moneys are misapplied, the State forfeits her share under the next annual appor tionment, until compliance has been made, and funds misapplied, squander ed, etc., are restored. The Circuit Courts of the United States have jurisdiction in all matters arising under this act. Nothing in the act shall be construed to affect in any manner the existing laws and regulations in regard to the adjust ment and payment to States, upon their admission into the Union, five per centum of the net proceeds of the sales of the public lands within their respect ive limits. A Novel Request. —A Georgia Major writes to the United States Treasurer concerning the fate of his five dollar bill as follows : I send you for redemption a fragment of aBS bill, the rest of which was de stroyed under strange and careless cir cumstances. Having just received the bill, I dropped it in my pocket in com pany with some tobacco, and after sup per, taking a chew, I chewed money, to | bacco, and everything, leaving frag ! ments of the tobacco and scraps of the I bill. I discovered the sad catastrophe, i and went after the masticated cud, but i all traces of the money had vanished, j and, “like the baseless fabric of a dream, left not a fragment behind.” ' Vainly was I bending, crooking, and with both j niv eyes a-looking, I Looking for my lost Bpondulic, like the Pleiad lost of yorb; ! Looking for the well-chewn fragment, which I lost the night before— I Only this and nothing more. j "Spuds," quoth I, “for thee I pinetli, | Gone to where the woodbine twineth : ; Gene, departed, doomed and fated, Gone to fragments dessicated; Gone, as I have already stated, Where thy worth no longer shineth— I follow, thou art gone before.” How to Get Out of Bed.— Dr. Hall does not approve of the old-fashioned doctrine which was instilled into the minds of children —namely, that they should spring out of bed the instant they awake in the morning. He says that “ up to eighteen years every child should be allowed ten hours to be in bed. They may not require ten hours sleep, but time should be allowed to rest in bed until they feel as if they had rather get up than not. It is a very great and mischievous mistake for per sons, old or young, especially children, and feeble orsedantry persons, to pounce out of bed the moment they wake up ; all our instincts shrink from it, and fiercely kick against it. Fifteen or twenty minutes spent in gradually wak ing up after the eyes are opened, and in turning over and stretching the limbs, do as much good as sound sleep, because these operations set the blood in mo tion by degrees, tending to equalize the circulation ; for during sleep the blood tends to stagnation, the heart beats fee bly and slow ; and to shock the system bv pouncing up in an instant and send ing the blood in overpowering quantities to the heart, causing it to assume a gallop, when the instant before it was in a creep, is the greatest absurdity. This instantaneous pouncing out, as soon as the eyes are opened, will be followed by weariness long before noon.” SUPREME COURT DECISIONS. DELTVERRD AT ATLANTA, TUESDAY, FEBRUA RY 27, 1872. [REPORTED EXCLUSIVELY FOB THE AT LANTA CONSTITUTION, BY N. J. HAMMOND, SUPREME COURT REPORTER.] T. C. Brown vs. W. C. Gill. Hlegality, from Lee. McCay, J. If a levy be made of a fi. fa. founded on a debt contracted prior to June, 1865, and there be no affidavit of payment of taxes, as required by the sth section of the act of 1870, the defendant may stop the progress of the fi. fa. by affidavit of illegality. Judgment reversed. Vason & Davis, Clark & Goss, for plaintiff in error. C. B. Wooten, contra. James H. Nelms vs. Geo. E. Clark and Gibbons W. Morgan. Refusal of In junction, from Sumter. MoCay, J. Where a mill was erected iu 1866, and used in the ordinary manner since, until 1871, and a bill is filed to enjoin the mill owner from allowing the ebb and flow of the water below the mill, caused by the usual stopping and opening of the gate, on the ground that it produces sickness in the neighborhood, with spe cial damage to the plaintiff, and it ap pears by affidavits that there is much conflict of testimony as to the fact of the damage, and as to the ebb and flow being the cause of the sickness, it is no abuse of the discretion of the Court if he refuse the injunction until the facts are passed upon by a jury. Judgment affirmed. C. T. Goode, for plaintiff in error. W. A. Hawkins, contra. Rowena E. Harris vs. Colquit & Baggs. Exemption of property, from Terrell. McCay, J. Parties who appear before the Ordi nary to contest the granting of a home stead are concluded by the j udgment upon all questions which it is necessary for the applicant to prove, and upon all questions which the statute provides, the creditors may make, but they are. not conclnded upon questions over which the Ordinary has no jurisdiction, unless it appears that they actually made such questions, and that they were in fact de cided. Judgment affirmed. Lyon DeGraffenreid & Irvine, W. G. Parks, for plaintiffin error. F. W. Hooper, R. F. Simmons, by Clark & Gross, contra. Carhart & Curd vs. George W. Bivins. Dismissal under the act of 1870, from Sumter. McCay, J. Where, in a suit by two persons on a debt due before Ist of June, 1865, the proper affidavit of payment of taxes was hied, and on the trial before the jury the interrogatories of one of the partners were read, to the effect that he had always regularly given in and paid taxes on his solvent notes, and that the note sued on was solvent, and he had always included it in his tax returns and paid taxes on it, as ho believed, though he could not positively call to mind his giving in this particular note : Held, That it was error in the Court to dismiss the case. There was suffi cient evidence to carry the case to the jury, leaving them to determine whether or not the taxes had been duly paid, and whether or not the witness did not mean that he had, as one of the firm, given in this note and paid the taxes thereon. Judgment reversed. Hawkins & Guerry for, plaintiff in er ror. C. T. Goode, W. A. Hawkins, contra. S. L. Harrison vs. John H. Hatcher, trustee. Ejectment, from Randolph. McCay, J. The proper practice in preparing a motion for anew trial is, that all the rulings of the Court complained of du ring the trial, as well as the charges and refusals to charge of the Judge, shall appear distinctly in the motion and be affirmatively recognized by the Court as true. But if such motion be made in writing, and notice thereof be given to the opposite party, and no rule ni si be granted, but it appear simply that the motion is argued and overruled, this Court will presume that the hearing was on a demurrer to the motion, in which the facts stated in the motion were ad mitted to be true. Where A makes a deed to B for the purpose of defrauding the creditors of A, but retains possession of the land, and B brings ejectment, A may, by way of defense, set up the fraud under the mile, in pari delicto potior est conditio possidentis. In such a case grantees, holding un der a deed of gift from B, expressed to bo for five dollars and for love and affec tion, stand in the same condition as their grantor, and are volunteers. Declarations of one in possession of land that the land is his, are admissible to show adverse possession, but notffor any other purpose. Where written requests to charge the jury are presented to the Judge, which are pertinent and legal charges in the case, as presented by the facts in evi dence, and on material issues, which are refused by the Judge, anew trial ought to bo -granted, even if the verdict of the jury may be sustained under the evidence upon other issues in the case not covered by the vequests to charge. When, in action of ejectment, it appear that both parties claim title from the same person, it is not necessary to show title further back than to the com mon grantor. A trustee for a woman during her life, with directions to convey to her children at her death, may sustain an action against an adverse holder to recover the possession after the death of the mother. Judgment reversed. A. Hood, by Kiddoo, for plaintiff in error. John T. Clark, contra. John R. Holsenback vs. The State. Mur der, from Macon. McCay, J 1. Where, on a trial tor murder, it was proposed to prove certain state ments of the prisoner confessing his guilt, made in jail to a fellow prisoner, and on a preliminary examination it ap peared that the prisoner had, before these statements were made, written a letter to the Governor, indicating that the murder had been committed in pur suance of a conspiracy, and mentioning several names of persons as conspira tors, and the Attorney General of the State, by authority of the Governor, had offered him a full pardon if he would disclose the whole, but it did not ap pear that he had made any disclosure, either to the Attorney General or Gov ernor, but had promised to do so in writing, which written disclosure he had not made at the time he made the state- ments to his fellow prisoner : Held, That it was not error in the Court to permit the statement thus made to go to the jury, it not appear ing that they were made under any un due influence at the time, and there being nothing to show that the arrange ment with the Attorney General had been acted on by the prisoner. 2. The preliminary examination be fore the Court, to ascertain if confes sions offered are, or are not voluntary, is properly conducted in the presence of the jury, and the confessions, when in troduced, are to be passed upon by the jury in all respects, the decision of the Judge that they were voluntarily made being only prima facie , 3. It is competent for the State to in troduce evidence to contradict any facts stated by the prisoner in his statement made before the jury, under the act of 1869. 4. A change of the Court that the jury must be satisfied that the defendant was insane before they can acquit him upon that ground, though, perhaps, too strongly stated, is not a ground for a new trial, if there be no evidence of in sanity before the jury. 5. When on trial for murder the con fessions of the prisoner were in evidence before the jury, and the Judge in his charge told the jury that whilst they could not convict upon the confessions alone, uncorroborated by other evidence, yet, that if it was preven that the person to whom the confession referred was un lawfully killed, that this was evidence of corroboration sufficient to authorize the jury, under the law, to convict on the confessions: Held, That this was not error. Judgment affirmed. C. T. Goode, W. S. Wallace Jack Brown, W. H. Reese, for plaintiff in er ror. W. A. Hawkins, Solicitor General pro tsm., Phil. Cook, for tho State. NEW SERIES—YOL. XXV—NO. 11. I James C. Loyd, vs. The State. Murder, from Macon. ' McCay. J. 1. The principal felon and accessory before the fact may be jointly indicted in the same indictment with proper aver ments and charges against each. 2. The form of an indictment, as pre scribed by section of the Revised Code, must not be followed to the letter ; it is sufficient if it be conformed to in all material particulars. 3. On the calling of an indictment against a principal and accessory, the Court may require both to answer ready or not ready for trial; if they answer, and the principal be put on trial, it is not error to put the accessory on his trial at the same term of the Court after the conviction of principal, without any new requirement to an nounce, unless it appear that some cause for a continuance has happened since the first calling of the cause. 4. It is no ground for new- trial that the Court refused to continue because of the absence one of the prisoner’s counsel, on whom he principally relied, from sickness, the affidavit for contin uance only saying that the affiant “ had been informed by letter of the sickness,” especially if it appear that the other competent counsel are employed, and do appear in the trial. 5. It is not a good ground for the con tinuance of the cause against an acces sory before the fact to show that the principal felon has been convicted, yet that lie intends moving for anew trial. 6. It is no ground of challenge against a juryman that he has formed and ex pressed an opinion, etc., upon one of the facts necesjairy to make out the charge against the prisoner, and it is not error for the Court to say in the presence of the panel that the formation and expression of an opinion, as to the guilt or innocence of the principal iu a crime, does not of itself render them in competent to sit upon the trial of the accessory before the fact. 7. It is not a ground for a now trial, in a criminal case, that the Judge admitted as evidence before the jury the written report of a phonographer, of tho prison er’s statement before the magistrates at the summary hearing previous to com mitment, tho report being sworn by tho phonographer to be true, and tho prison er having full opportunity to examine him thereto before the jury, it further appearing that the statement was very immaterial, and to have taken the pris oner four hours to make it. 8. When a prisoner undertakes to make a statement before the jury, and he indulges in long, rambling statements of matters wholly immaterial to tlio mat ter in hand, so as to consume several hours, and yet say nothing pertinent to the issue before the Court, it is no ground for new trial for the Court to admonish him that he must confine his statement to matters bearing on the ease. 9. It is not error in the Court to charge the jury on the question of insanity, that if one have indulged his passions or blunted his moral sense, so that ho can commit crime without remorse, and fails to see his heinousness, as persons of purer morals and more restrained passions see it, this does not make him insane. If he have sufficient capacity to discern right and wrong as to the particular act in question, if he has knowledge and consciousness that the act he is doing is wrong and would de serve punishment, he is of sound mind and memory, so as to be subject to pun ishment. 10. The verdict in this case is not con trary to the evidence or contrary to law. Judgment affirmed. C. T. Goode, W. S. Wallace, Jack Brown, W. H. Reese, for plaintiff in error. W. H. Hawkins, Solicitor General pro tan., Phil. Cook, for State. J. L. Cobb vs. The State. Permitting a minor to play or roll billiards, from Randolph. McCay, J. When, after the jury was stricken, and before the case was submitted to the jury on an indictment fora misdemeanor, the defendants then first discovered that two of the jurors not stricken had been on the grand jury pending the bill of indictment : Held, That the defendants had a right to anew jury list, with talesmen substi tuted for the two incompetent jurors, and was entitled to his seven strikes from that list. An indictment charging that the de fendant had permitted A. 8., a minor, to play or roll billiards on a table kept by him, without the consent of his parents, etc., is not demurrable, as in the alternative the words play or| roll are used in the statute as synonymous. Judgment reversed. R. S. Worrell, for plaintiff in error. S. W. Parker, Solicitor General, by Z. D. Harrison, for State. Cary, Bangs & Woodward vs. J. H; Ed monson. Complaint, from Terrell. McCay, J. Non-residents of this State are not re quired by our law to pay taxes on notes held by them on citizens of this State, and when the payee of a note is the plaintiff in a suit on a note dated before June, 1865, and it appear that, at the date of the note, and continuously since he has not resided here, and that he has been the owner of the note from its date, he is not required to make the affidavit of taxes being paid as required by the act of October 13th, 1870. Judgment reversed. R. F. Simmons, by Z. D. Harrison, for plaintiff in error. Wooten & Hoyle, contra. Geo. Singer, Jr., vs. John M. Scott. Complaint for land, from Randolph. MoCay, J. 1. Where there were two suits pending between the same parties for the same cause of action, and the defendant makes a good cause for the continuance of the suit last brought, to-wit: that certain in terrogatories sued out therein had not been returned : . Held, That it was error in the Court to refuse the continuance because the plaintiff had dismissed the suit first brought. 2. If, pending a suit, another be brought against the same defendant for the same cause of action, the pendency of the first suit may be pleaded in abate ment of the second, and the plaintiff can not defeat the pleas by dismissing the suit first brought. Judgment reversed. H. Fielder, Bell & Tucker, for plaintiff in error. J. L. Wimberly, B. S. Worrill, contra. Ketclium & Hartridge vs. Jas. D. Pace. Collateral issue, from Terrell. McCay, J. When a sheriff, by direction of the plaintiff, levied a distress warrant for rent upon the crop made on the land rented, and also on certain mules be longing to defendant and on the place, and afterwards dismissed the levy on the mules, it appearing that they were under a mortgage of superior lien to the distress warrant, and the mules were run off by the defendant : Held, That such levy and dismissal did not postpone the lien of the distress warrant on the crop to younger liens. Judgment affirmed. W r . M. Guerry, Hood & Kiddoo, for plaintiff in error. H. Fielder, R. E. Kenon, contra. James E. Lovless vs. Hodges & Brother. Garnishment, from Terrell. MoCay, J. When a garnishee had answered that he was not indebted to and had no effects of the defendant, and there was a tra verse of his answer, and the plaintiff proved that the defendant had left with the garnishee a large box for safe-keep ing, only the garnishee declining to be responsible for it, but permitting him to have it in his store house ; that it was there at the time of the service of the garnishment, had been removed since with the permission of the garnishee, by the defendant, and that it contained $2()0 worth of goods : Held, That a verdict for the plaintiff for the value of the goods was sustained by the evidence. Judgment affirmed. F. M. Hooper, Clark & Goss, for plaintiff in error. 8. C. Hoyle, C. B. Wooten, contra. Samuel D. Irvin, Administrator, vs. Thomas D. Speer. Relief, from Sum ter. Montgomery, J. WTiere A buys land from B before June, 1865, and gives his note for the purchase money, and afterwards sells the land and receives payment, and his purchaser takes possession, and A is then sued on the note, he cannot be said j tohavebeen, at the commencement of the action, in possession of the property for j the purchase of which the contract was entered into, even though he may hot j have made to the pnrehasee a doed. The case is not, therefore, with the sec tion of the Relief Act of 1870, and the usual affidavit must be filed. J udgment affirmed. Lyon DeGraffenreid & Irviu, W. A. Hawkins, for plaintiff in error. C. T. Goode, contra. Wml Ezzard vs. John R. Worrill, ct al. Relief, from Sumter. Montgomery, J. Where an accommodation endorser on a note made prior to June, 1865, has been compelled by the judgmont since that time to pay the same or any part thereof, and sues the maker, securities and prior endorser to recover the amount so paid by him, he is not obliged to file the affidavit of the payment of the taxes required by the Relief Act of 1870. The debt to him did not exist until the pay ment of the judgment by him. Judgmeut reversed. C. T. Goode, for plaintiffin error. W. A. Hawkins, contra. D. A. Cochran vs. 0. H. Strong, for the use of R. C. Schuler Sc Cos. Motion to vacate judgment, from Webster. Montgomery, J. A written contract for payment of specifics, not containing operative words of transfer, is assignable so as to vest the titlo in the asignee, who may sue on it in his own name, under Revised Code, seotion 2218. A written assignment “ for valuo re ceived” endorsed on such an instrument— the instrument not being a promissory note or bill of exchange—does not make the assignor liable as endorsee or guar antee of the instrument, hence he can not be sued in the same action with the maker. Where such an instrument is assigned to A who, in turn, assigns it to B, and by some means it again comes into the hands of A, lie cannot sue on it in his own name for use of last assignee. Where a contract is for the payment of thirty-five bales of cottton, “the above mentioned cotton to be paid out of the cotton, to be paid by S. D. Bridgeman to the said Cochran, under written con tract between them, bearing date 22d inst., and now in the hands of D. A. Cochran and subject to the same liens and contingencies,” it is impossible for this Court to construe the contract sued on, in the absence of that between Cochran <fc Bridgeman. Judgmont reversed. C. B. Wootten, for plaintiff in error. F. M. Harper, Glenn & Son, Clark & Goss, contra. Jno. W. Elder vs. Jas. A. Allison, ad ministrator. Injunction, from Ran dolph. Montgomery, J. Misrepresentation of a material fact, made by one of the parties to a contract, though made by mistake and innocently, if acted on by the opposite party, con stitutes legal fraud. Whore the obligor, in a bond for titlo, sues the obligee in ejectment, on failuro of the latter to pay the entire purchase money, and the obligee files a bill alleg ing a misrepresentation of a material fact by the obligor, at the time of the purchase, as to the area of the land ; that he acted on such misrepresentation ; that the obligor can make no title to that part of the laud so misrepresented as belonging to the tract sold ; and offer ing to pay into Court whatever may be equitably due, and seeking to enjoin ac tion of ejectment, which allegations are not denied, the injunction shall be grant ed, and the question as to whether the obligee acted on the misrepresentation of the obligor or not, be loft to a jury. A defendant in ejectment may set up an equitable defense in his plea, but is not obliged to do so ; he may file his bill if he prefer it. Judgment reversed. H. Fielder, for plaintiff iu error. Hood & Kiddoo, contra. Doe ex dem ; Joshua Evans, ct. al. vs. Richard Roe, cas. ejector, and I. P. <&, W. C. Bairds. Ejectment, from Terrell. Montgomery, J. Where, in ejectment, plaintiff shows title from the State to himself, and de fendant relies on adverse possession un der color of title, it is competent for plaintiff to show, in rebuttal, infancy on the part of one of his grantors, even af ter the evidence has closed, and argu ment commenced, if the existence of such fact then come to his knowledge for the first time. Where a party claims adversely it is not necessary for him to show that he wont into possession hona fide. This will be presumed until the contrary ap pears. Judgmont reversed. Vason k Davis, by Clark k Goss, for plaintiff in error. F. M. Harper, by Clark & Goss, con tra. James A. Allison, administrator, etc., vs. Henry R. Thomas and Engenius L. Douglass. Relief, from Randolph. Montgomery, J. I. It is necessary for an administrator to file the tax affidavit, required by act of 1870, even though there arc no debts and a widow and minor are interested with others in the estate. 2. Ever"’ presumption will i>e made in favor of tlhe constitutionality of an act of a State’s Legislature. When this Court has decided an act of the Legisla ture constitutional, under which decis ion many private rights havo been set tled, and to disturb which might unsot tle many others, and perhaps prove a great hardship to the plaintiffs in those cases already adjudicated, the doctrine of stare decisis applies. Judgment affirmed. Hood k Kiddoo, for plaintiff in error. E. L. Douglass, C. B. Wootten, contra. Harrison Rogers, administrator of C. S. Botsford, vs. E. E. M. Botsford.— Equity, from Terrel. Montgomery, J. Where the amount due on a life insu rance policy is pa-yable in Hartford, Con necticut, to the “heirs or assigns” of the person whose life was insured, who leaves a will bequeathing all his proper ty to his children, to the exclusion of his widow, and the agent of the insurance company pays the money to his adminis trator with the will annexed, the admin istrator is justifiable in filing a bill for direction as to the fund. Pending the litigation, the administra tor is not liable to pay interest on the fund where he has made none. Judgment reversed. Wootten & Hoyle, for plaintiff in error. Lyon DeGraffenried & Irvin, contra. James D. Cahart vs. Charles P. West, et al. Belief, from Randolph. Montoomery, J. The real plaintiff in the action in the case may make the affidavit of payment of taxes as required by the act of 1870, even though the suit be brought in the name of another. Judgment reversed. Hood & Kiddoo, by John T. Clark, for plaintiff in error. B. 8. Worrill, contra. Doe, ex dem. ; James 11. Allen, ad ministrator, vs. Roe, cas. ejector, and Herbert B. Elder and John W. Elder, tenants. Ejectment, from Randolph. Montgomery, J. A defendant in ejectment may set up an equitable defense by way of plea in Georgia. Evidence which is relevent to the equity case thus made is properly ad mitted. When a defendant, who is the obligee in a bond for titles, and is sued in eject ment by obliger to recover the land on the defendant's failure to pay the entiro purchase money, files an equitable de fense, it is error in the Court to dismiss the case because the plaintiff declines to amend his declaration so as to change his action to assumpsit for the recovery of the purchase money. Judgment reversed. Hood & Kiddoo, for plaintiff in orror. H. Fielder, contra. Z. M. Sawyer vs. Elon Vories. Fore closure of mortgage, from Stewart. Montgomery, J. Parol evidence is not admissible to add a covenant to a deed. gT e VoS2%il & Tucker, H. Fielder, for plaintiff in error. J. L. Wimberly, J. T. Clark, contra. The New York Sun, edited by Lin coln's Assistant Secretary of \\ ur, says : “ The Tammany frauds aud robberies ill New York are a trifle compared to the frauds and robberies perpetrated through Grant’s Administration.
