Newspaper Page Text
(Epromcie anD .genttnel.
W EDN ESDAY, MARCH -7, 1877.
And now that it is aU over, fifteen
Radical Senators wish to know what
Governor Hates means by his fair
words to the Sooth. Do they mean to
ahow the cloven foot so soon ?
Tee weekly shipments of oysters from
New York to England, now amount to
1,900 barrels, and the trade is said to be
in its infancy as yet. The oysters gen
erally arrive on British soil as fresh and
fat as when they started, and the profit
is said to range from $5 to $9 per bar
rel. .
At the telegraphers’ reception at Chi
cago, on February 12, the dancers waltz
ed to music played in Milwaukee, eighty
five miles away. A waltz and several
marches were transmitted by means of
the wonderful telephone, the wires play
ing as distinctly and perfectly as human
bends. |
If it shall be found necessary to have
an extra session of Congress President
Hayes will not call it until the first Mon
day in May. He wishes to wait until
after the New Hampshire election. Per
haps the Republicans may not gain the
two Districts in the Granite State which
they seem so confidently to expect.
The three “irreconcilables” from
Georgia seem to be Messrs. Cook. Hab
ws and Smith. On the motion to read
the testimony in the South Carolina
case, which would have consumed five
days and prevented an election, these
gentlemen voted in the affirmative. The
other Georgia members voted in the
negative, with the exception of Mr.
Stephens, who has been absent from his
aeat sinoe his sickness.
Though Vesuvius has been in a state
of eruption twenty-six times during the
present century, against twenty-three in
the eighteenth end four in the seven
teenth century, the largest number of
many hundred years, it is still disturbed.
There are expectations of a speedy out
break, which will be grateful to the Ne
apolitans, since it will bring an influx of
strangers to their city.
We learn from the Record, the offioial
organ of Savannah, that Alderman Wab
iso-the same who warred so successful
ly and with so little applause against the
pestiferous cryptogram—has introduced
a series of resolutions in the City Coun
cil setting forth the inability of Savan
nah to meet her obligations and declar
ing the city bankrupt.— Atlanta Consti
tution.
A Washington special to the Louis
ville Courier-Journal intimates that if
Mr. Hates is inaugurated Hon. Joshua
Hill, of Georgia, will be made Post
master-General, and Hon. J. T. Alcorn,
of Mississippi, Secretary of the In
terior. Both appointments would be
acceptable to the South, for both are
moderate Republicans and both men of
honesty and ability.
A special dispatch from Washington
to the New York Journal of Commerce
asserts that in a letter dated the 19th
nit., addressed to a prominent Repub
lican member of the House of Repre
sentatives from Ohio, Governor Hates,
in response to a direct inquiry, says:
“Have no concern. Assure any of our
Southern friends that I am impressed
with the necessity of a eomple change
of men and policy. I shall stand by the
ideas ontlined in my letter of last Hum
mer.” 1
The National Republican has a sig
nificant leader upon the same line as
Foster’s speech upon Hayes’ Southern
policy. It opposes keeping up seotional
divisions, and recognizes the fact that
the negro is falling under the natural in
fluence of his employers. Even the
outrage charges are treated as exaggera
tions. It is proposed to let the people
of the South select their own State gov
ernments, and to invite Southern states
men having the confidence and support
of the people to the oounsels of the Ad
ministration.
Jr is estimated, from an analysis of
the fractional currency redeemed in sil
ver since April last, that about 80 per
cent, or 815,000,000 of that currency
has been lost, worn ont, or destroyed in
some other way, since it was issued.
Tha amount outstanding last April was
about $50,000,000; but if $16,000,000 has
been destroyed, thejresidue will be only
$35,000,000~and only this amount of
silver will be required to redeem it.
The loss falls on those in whose hands
the money disappeared—the people, and
it is a profit to the Government.
The St. Louis Globe-Democrat has
printed several nsefnl artioles on the
snbjeot of cheap school books. It al
leges that exorbitant prices are now
charged for the most ordinary books,
and instances in particular the common
primer. The price for which this book i
sells is twenty-five cents ; the estimated
cost of it to the publisher is a little over
six cents. The writer puts the number
.of primers annually sold in this coun
try at 2,000,000, which cost the people
$500,000, and bring the publishers in
a profit of $380,000. The lightning sal
cuiator has forgotten one important
item ; he has made no allowance for the i
proportion of profit that an Dually finds
its way into the pockets of outside parties.
The New York World'* Washington
special says it is now very evident that
there will be no prominent inaugural
ceremonies. Even if there is a prooea
siou the inaugural ball will be abandon
ed. It is the belief that Hates will
take the oath of office on Sunday noon
next in the Executive Mansion in the
presenoe of Grant and his Cabinet and
the Chief Justice, who will administer
it. It is not Hates' present intention to
arrive there till the count is completed,
bat if it is delayed till Friday he will
leave Columbus on to-day for Wash
ington and become the guest of Senator
Rhkrman till he takes possession of the
Executive Mansion. Apartments have
been tendered him at Willard's, bnt, it
is said, that he prefers a private resi
dence.
It is, remarks the Boston Post, a sig
nificant commentary upon the spirit of
the Commission to find that in the one
case in which the Republicans wished to
take evidence ontside that which Mr.
Frrrt sent in with the certificates, the
Democrats voted to admit it. It is also
significant that this occasion, when the
certificates in due form, signed by the
Governor and Secretary of State and
sealed with the great seal, gave one vote
to Tildkn, was the only occasion on
which the Republican members consent
ed to listen to any evidence at aIL The
mysteries of legal forms, technicalities
aiid restrictions are beyond the knowl
edge of the non-professional public;
but there is something which every one
can understand and appreciate.
Aboi-t a month ago the Republicans
were threatening to tarn Mr. Lamar ont
of the Senate on the charge of “buil
ds zing” in Mississippi. The Spring
field Republican seems to wonder that
some of them should now be begging
bliH to take a place in President Hates
Oibiuet The same paper asks if it is a
gooA and politic thing to take a South
ern D-wuocrat like Kendall, Gibson,
iGovernor Brown, of Tennessee, or Sen
ator T.iwtn into President Hates’ Cabi
net, why isn’t it also to Uke a Northern
Democrat like Mr. Hxwitv, Governor
Hubbard, of Connesticnt, or Senator
Randolph, of New Jersey ? They
are alike—the same sort of honest,
high-toned, patriotic n.en. And if Re
publicans voters are wanted in the
South, they are needed also in some of
the Northern States as well, especially
in New York, New Jersey and Connto
ticut.
THE NINTH DISTRICT.
After a stormy session the Gainesville
Convention nominated Hon. H P. Bell,
of Forsyth, to succeed Mr. Hill in Con
gress from the Ninth District. We have
frankly stated that we desired the nomi
nation of Hon. H. H. Carlton, of
Clarke, believing, for many reasons, he
would make a stronger race than any
man mentioned in connection with the
position. We regret that Dr. Carlton
was not anooessfoL His friends, how
ever, have no reason to feel ashamed for
their favorite. He made a bold and
manly fight, came within a very few
votes of a nomination, and retires from
the contest with untarnished honor,
assured of victory in the near future.
The nominee is said to be a man of
ability and has occupied responsible po
sitions in the past. He waa an elector
upon the Seymoob and Blair ticket in
1868. In 1872 he was elected to Con
gress from the Ninth District, served his
term out, but was defeated for a renomi
nation by the gifted McMillan, who did
net live to take the seat. Mr. Bell is
very popular in the northern portion of
hia District, and is well and favorably
known in the southern. We hope that
he will not have to fight an independent
movement, and that no Democrat will
oppose his election. He appears to have
been fairly and legally nominated, and
he is justly entitled to the fall strength
of the party’s support at the polls.
Whether there is a Radical candidate in
the field or not the unity and organiza
tion of the party should be preserved.
In such preservation lie* the only hope
of perpetuating its power in Georgia
and preventing the State from falling
into the hands of Radicalism. Inde
pendent movements divide the party
and prepare the way for future disasters.
The people must have nothing to do
with them, except in cases where flagrant
wrong and injustice have been perpe
trated. We urge the Democrats of the
Ninth District to give Mr. Bell’s candi
dacy a generous and united support,
MR. HILL AND BUELL.
A. C. Buell, the Washington corres
pondent of the New Orleans Democrat,
writes to that paper the contents of a
“ confidential note ” from an eminent
Southern Democrat to one of “ the lead
“ ing managers of the Hayes pro
“ gramme,” which “he picked up.” Of
courao, the veracious correspondent
does not give the om* of the prominent
Southern Democrat who wrote the let
ter, or of the leading manager of the
Hayfs programme, to whom it was ad?
dressed. The substance of it is that the
filibusters in the House had adopted a
perfect system of parliamentary tactics
which would prevent the defilargtion of
the Presidential election before the
fourth of March ; that Grant would
approve the bill for anew election ; and
that Conklino would be made Presi
dent pro tern, of tfce denote, and given
control of the Government until after
the election. The only way to defeat
this programme was “to get H —L and
his “ thirty followers in the House to
“ stand squarely with the Republicans,
etc. The objeot of Mr. A. O. Buell is
evident. Mr, Buell has never been
friendly to Mr. Hit*, far reasons, per
haps, best known to himself, #u4 this is
not the first time he has gone out of his
way to publish statements about him
which were subsequently shown to be
groundless. The only clue given to the
identity of any one connected with this
• confidential" oomm&pfpation is to the
identity of Mr. Hill. It is simply an
other effort of an irresponsible party to
injure a man who has incurred bis dis
pleasure. We do not believe that aoy
one will attach much attention to a
“ confidential ” letter wbioh a Washing
ton bohemian fee “ picked up,” and
from which he has carefully eliminated
eviry mark that would permit ao inves
tigation of its authenticity. Mr. Hill
and the very large number of Southern
Democrats with whom n is opting have
voted to carry out the Eleotorsi law in
good faith, not to carry favor with
Hayes, but because they believed honor
aad sound policy alike dictated such a
course.
the triumph Qf FRAP®.
Yesterday morning, at five o’clock,
the tellers appointed to count the
electoral vote announced that Rutheb-
Eorj> B. Bates had reoeived one hun
dred and eigiity-ftye votes, and Samuel
J. Tilden one buudred fil'd eighty-four
votes, and Hates was declared elected
President of the United Btates for toe
ensuing four years. That this result
has been brought about by fraudulent
means no intelligent man will deny.
The inauguration of Governor Haths as
President is the fruit of fra*<3, gross
and unmistakable, supported by the
judgment of a partisan tribunal. Gov
! eruor Pates was not elected President.
Governor Th-den was. Governor Til
den received a popular majority of
two hundred and fifty tbowapd votes
and a large majority of tbe electoral
vote. He has been cheated of the
Presidency by tbe arbitrary, illegal aud
fraudulent conduct of corrupt scoun
drels composing the Returning Boards
of South Carolina, and Flori
da. who shamefully m 4 shamelessly
threw out enough of the votes AClt for
him to give the electoral vote* of
those States to his Republican oppo
nent. To rectify by peaceful metbods
the that had been done the
Democrats in Congress agreed to the ap
pointment of a charged with
tbe duty of discovering whether or not
these Retnroing Boards had violated £b e
Jaw, had rejected legal and coflfiVod ille
gal votes. The character of the mefi
compuMPg the Commission was to be a
guarantee of the fairness and impartial
ity of the tribunal. When that Oom
ission was organized the opposing party
had seenred a majority of iU members,
and the Democrats soon discovered bow
shamefully they had been deceived.
They decided that they had no author
ity to go behind the oertifioates of the
Returning Boards, an 1 the electoral
votes of South Carolina, Louisiana and
Florida mnst be counted for Hates. The
very thing they were ohosen to do they
refused to do, and that which the Demo
crats insisted the President of the Sen
ate had no right to do was done by the
Electoral Commission. There was no
investigation of frauds perfectly patent;
the swindle was simply approved and
confirmed, and the fraudulent votes cer
tified to the two Houses of Congress as
legal. In this way a minority candidate
has been declared elected, and by these
means Rutherford B. Hates becomes
President of the United States.
Bnt, by whatever means, be has been
declared elected, and however much we
man regret the result, however much we
may denounoe the frauds and perjuries
that have brought it abont, we do not
condemn the Democrats who opposed
the filibustering of the past few days.
They voted for the bill with their Ayes
wide open, the oouatry generally ap
proved their condnot, and they felt
bound to abide, in good faith, the de
cision when rendered. If the filibus
tering had been successful it would have
weakened the party. As it is the party
is stronger now than it ever was before.
Governor Hates assumes the Presi
dency with his title to the office tainted
by fraud. Tbe Republicans know he
was not elected. The honest Republi
cans will refuse to share the spoils of
swindling tnd perjury, aod will ally
themselves with the Democracy. Lees
than two years from now the Democracy
will increase their majority in the House
and obtain oontrol of the Senate. Less
thn four years from now their candi
date for the Presidency will sweep tbe
oonntry as Andrew Jackson did in
1829. Their trinmph in the future is
ascertain as futurity. Let them bear
tbe inevitable aa patiently as they may.
Let them wait and hope.
The Boston Post thinks it will be no
gain to the oonntry to lose Grant and
keep Gbantibm.
IMPROVEMENT IN MANUFACTURING.
The Philadelphia Times says : “It is
noticeable that onr reports from the
mills and iron mines are of starting np
or increased production and not of sus
pension. A more hopeful feeling un
doubtedly pervades industrial circles,
and the same report comes from New
England. That bee-hive of industry
seems to be aroused, and the humming
is louder than for three years. Intelli
gent manufacturers, who are receiving
orders from Australia, China, South
America, Africa, the East Indies and
various parts of Europe, even from Eng
lead itself, where American goods are
gaining an enviable reputation, find that
their goods were made known through
their exhibits at the Centennial. The
ootton mills are the busiest, but others
are not far behind. The operatives, too,
are making more clear above living ex
penses than before the war. The Fall
River mills are three months behind
their orders, and the Spsaoues have
successfully wooed fortune again. All
their mills are running and their new
prints have taken so well that they can
not make them fast enough.”
MR. HARALSON AND GOVERNOR COL
QUITT.
A few days since Mr. Hugh A. Haral
son, of Atlanta, published a card that he
had not been appointed to office by Gov
ernor Colquitt, and saying that he was
unwilling to do that which the Gover
nor required every applicant for position
under him to do before being appointed.
We, naturally enough, expressed some
surprise at the statement and asked its
author to explain his meaning. Mr.
Haralson replied in a letter which ap
pears in the Chronicle and Sentinel
this morning. He says he meant “he
would never be eternally running after
the Governor begging him for office. ”
This, we are given to understand, has
been done by all other persons seeking
position under the new administration.
Mr. Haralson writes like a man influ
enced by chagrin and disappointment,
and makes a number of charges against
the Governor. We regret exceedingly
having written anything to provoke such
a communication, but having asked Mr.
Haralson a question we cannot well
avoid printing his reply. We express
no opinion upon the statements made by
him, because we know nothing of the
matters discussed and are well aware that
there is another side to be heard from.
J)BATH OK EPWAKD C. WILLIAM*.
The following, from the Charleston
Journal of Commerce, will be read with
interest. Mr. Williams had troops of
friends in our midst, who will deplore
his untimely demise. He had amassed
a considerable fortune, and with his nn
beuding integrity, generous aims, with
truth constant and elevated an honor
able oareer of usefulness, was checked
while in the very prime of life:
A telegram from Augusta, Maine, announces
the sudden death from heart disease of Mr. E.
0. Wjlliah*, wb9 for min y y® ara waa cloaol y
and successfully connected with the mercan ■
tile interests of our oity. After a residence of
six years iu Augusta, Georgia, Mr. Williams
removed to Charleston iu 1854, and entered
the service of Messrs. Geoboe W. Williams A
Cos., of which firm he btcanje a memb r in
1857. From that time until he retired from
buejijesß he gave all the energies of his active
mind apd hfidy t° his extensive and respo Bi
ble duties, #nd WfM a fperphapt of the truest
and safest type. In 1#72 Mr- Viliams was
admonished by failing health that it was time
he ehould rest. For a quarter of a century he
had devoted himself to earnest, faithful, suc
cessful work, and like a wise man be gave a
fejf years of his life to the enjoyment of so
ciety, tray,ej apd domestic ease. He visited
Eprppe twice, apdiwagp ffintaelf familiar with
all part* Pf our eppptry from one ppeitn to the
other. He took clear, intelligent views of the
world ae he beheld it, and be talked well of
what he saw. His friends here will remember
his oordial manner and the gentleness of his
nat re. And while they recall hu modest
bearing and his honest, kindly face, many
pleasant pepojlectio s wiU be mingled with the
deepest regrets.
THE LAST DEVICE OF SCOUNpRELISH.
The dispatpheg from Columbia pub
lished is the Chronicle and Sentinel
this morning give an aoooßut of the
latest device of seoundrelism practiced
in that unhappy State. As soou as
Chamberlain set up his claim to the
Governorship of the State General
Hampton tQojt steps to have the ques
tion at jsspe decided by tfie ponrts. He
went voluntarily fatf) tfrp Supreme
Court of South Carolina, tribunal the
members of which all belonged to the
opposite political party—the Chief-
Justioe (Moses) being a native Republi
esp , oop pf the Associate Justices
(Willard) a Northern gepqbtican ; and
the other (Wright) a colored jttep#hli
eau. At last a case was framed and
presented which would force a decision
qjppp the legality of the two govern
ment#. Hampton, acting as
Governor, pardoned a PPfafPd convict
named Tilda Nqrri#, sentenced from
Judge Mackey’s Circuit. Judge Jac
ket recognized the pardon and ordered
the prisoner discharged. The Chamber-
LAfR government resisted this disposi
tion of the WRjfcfer .and the question was
carried to the Supreme fJourt During
its progress the ©hief Justice was
stricken with paralysis, find the
Northern Republican and his colored
associate were left to render the deci
sion. Last Tuesday both Willard and
W Rioßl jr/ewsognized General Hampton as
Qoypfpof of South fiPfo}fa by signing
an PtiPf directing the release of the
oonvict whom had pardoned, but
Wright asked that its oAfaoi auupUDoe
ment be delayed, on the ground tuat hi#
life was in danger from the Repnblicaus.
Gel ay was granted, and the matter be
eoauutf knewc Wright, two day# after,
per and BoT. brothers fa in
famy, filed an opinion P At3 < ; ''Ui u g o
recalling the order he had prev.T 11
signed. But Willard declined to give
up the original paper, aud the Court
was to have met yesterday morning to
render judgment. At the appointed
hour Willard was in his seat but
Wright was not present, and an inves
tigation disclosed the fact that he had
not been seen sinoe the previous morn
ing. Why he fled does not appear, un
less he feared that the cancellation of
his order would be of no avail, and ran
away in order to keep the Court from
delivering au opinion favorable to the
Hampton government.
The Honse passed yesterday, by a
two-thirds vote, the army appropriation
bill, with a proviso that troops should
not be employed to support either of
the dual governments in Louisiana and
South Caiolina, and that the General
Government shall not support Hamp
ton, Chamberlain, Packard or
Nioholls until they have been recog
nised by Congress. Tbe Republicans
voted for the bill or it could not have
been passed. Taken in connection with
Sherman’s telegram to Adobe, it seems
certain that the usurping Governors will
be left to take care of themselves, and
that Nicholls and Hampton will in a
few days have oontrol of South Carolina
and Louisiana.
The New York Herald reports eighty
six railroads sold and to be sold under
foreclosure, for which receivers have
been appointed, having a total mileage
of over fourteen thousand miles, and
representing invested capital equal to
nine hundred and twelve and a half
million dollars. They are said to rep
resent one-fifth of the total mileage, and
one-fifth of the total invested capital of
the United Btates.
All the fighting did not take place in the
Gainesville Convention Wednesday. On
the someday a Washington special says
an Arkansas member of Congress had a
set-to witn an Assistant Doorkeeper, in
which both were badly bunged. Mars
was in the ascendant that date.
Free of eharge. Your druggist will
refund your money, if Dr. Bull’s Cough
Syrup does not give youantisfaction and
cure yonr cough.
GOVERNOR COLQUITT.
A LETTER FROM MK HUUU A. HAR
ALSON ABOUT THE NEW ADMIN
ISTRATION.
Atlanta, February 27th.
Editors Chronicle and Sentinel :
It ie with considerable reluctance that
I comply with the request cod tamed in
your editorial of the 25th inst., but as
you are citizens of Georgia, and this be
icg a public matter, I feel that I have
no right to decline. Just one year ago,
failing in securing a permanent business
situation that I was seeking, I offered
my services gratuitously to Gen. Col
quitt to assist, in my humble wajtf' in
securing for bim the nomination for
Governor. It was not long before I
found myself in charge of his whole po
litical correspondence, and at a time,
too, when he had no other political
friend that weald or cared to do it. It
was at a time when he had but few
friends anywhere, for it was just after
the disastrous collapse of the Southern
Life Insurance Company, by which so
many Georgians lost heavily, and for
which he was so unjustly blamed. The
Spring and Summer came, during which
time the Governor was constantly can
vassing, and most of the time necessarily
absent from the city.
When he was away I would open and
answer his political letters, suggesting
to myself what was best and wholly re
tying upon my own judgment in these
matters, for he was awa - ' and oould not
be advised. So much pleasure did he
express in the wisdom of my course that
he seemed to place in me unlimited con
fidence. After continuing in his service
in this way for nearly half the year, I
was interrupted by him to go on two
very important missions. When the
Conventions of the people were being
called, when the crisis had arrived,
when the critical moment had come in
which his destiny was hanging evenly in
the balance, and when any accident
would have been fatal, he came to me
and ask id me to go to two of these most
important Conventions aDd attend them
in his interest. At his suggestion, but
at my expense, I did go, and by a pru
dent and proper course assisted and
suggested, aud in both oases succeeded
in getting a Colquitt delegation. This
was a trying hour with the Governor,
and he seemed to lean ou me because he
knew I was true and could be trusted
with his interest.
Are there not hundreds of the citizens
of Atlanta that will bear me witness
that in the primary election in this
oonnty for delegates, that on that hot
July day I was at the Court House in
the interest of the Governor from the
beginning to the end ? Can the present
Mr. Warrant Clerk say as much ?
But to proceed : The Convention as
sembled ; General Colquitt was nomi
nated and his election soon followed.
1 felt then that my mission was ended.
I turned over my portfolio into the
eager hands of the many applicants
that wished to assist him from the time
of his election to his inauguration. I
left one bright victory to achieve another,
and scarcely had the fire and noise of
the Gubernatorial contest died away be
fore I found myself shoulder deep in
the Senatorial fight, I loved Mr. Hill
as well as I did General Colquitt. I- was
as intimate with him and his family as
I was with General Colquitt. I also
knew that he was the peer of any man
in America, and I wanted him in a posi
tion where the world could know
it. I knew full well that Gov
ernor Colquitt did not prefer him
in the Senate, but I did, and
having a head and conscience of my
own, I did as I pleased. It made me no
less the friend of the Governor, aud
sinoe his election to the United States
Senate I am free to say I have felt proud
er than ever of my old mother State,
and of the cherished and time-honored
name of Georgia. I had spent a great
deal of money in the Gubernatorial cam
paign, and as a matter of course I
thought the Governor would appoint
me to some of the many places within
his gift. He implied by every act that
he would. I was in his office— his suc
cess was my daily thought and my hour
ly work. Theire was not another case in
Georgia like it. apd it will eyer stand un
like all the rest.
I thought Governor Oolquitt was u
great and good maD. I did -not think
that because he was a failure as a Con
gressman it necessarily made him a fail
ure as a Governor, and that because his
own property had been swept away un
der his management that the State too
would lose her money under his admin
istration. I do not say that the
Governor would take any public mo
ney, or that any of the officers in
the Capitol would, uor do I even inti
mate that they would ; but how about
that Warrant Clerk business? Every
body knows that the Warrant Clerk is the
guardian of the Treasury, the sentinel
of the Treasury, and everybody shall
know that Governor Colquitt lias ap
pointed to that ’ position the son-in-law
of the Treasurer. To say tjje least of it,
it does not lqok like this appointment
would havp beep ip#*}* 3 by a first class
Governor.
Five men appointed from Kirkwood,
two Secretaries, two Clerks and one As
sistant Keeper of the Penitentiary.
Great heavens ! Who will be left now
to work the gardens and feed the pigs?
A little place with scarcely as many
voters to be thus depopulated is terrible.
Whht will now become of the Sunday
School #n.4 Grange | To say the
least of it, it looks'like thl# would never
have been done by a first class Governor.
It is said that before his inauguration
the Governor owed a certain banker,
that the banker named his man and Col
quitt appointed him. It is said tiiat
the Governor owed a prominent gentle
man'll) soytj) west Georgia several thous
and dollars, (flat tp'e gentleman alluded
to named bis mm ancf udlquitf ap
pointed hi’P.
The writer heard a gentleman say last
Fall that Gen. Colquitt owed him
money, and the writer knows personally
that tin3 same Gentleman had been ap
pointed by’tLe (governor. This looks
very bad. '?o spy the Jeaafc of it,
it looks like it never would haye been
done by a first class Governor, But, in
conclusion, I will define the last sen
tence of my recent card. I mean that I
would never be eternally running after
the Governor, begging him for office;
that *f could never get rov consent to be
siege' hjs office after bis ejection, and
constantly remind hip of my ftfaitns and
of the services I have rendered him.
The services I have rendered him are
prominent, and the record will stand
without support. If he chooses to
ignore me ard prove himself ungrateful
he fasH* himself more than he can pos
sibly’hurt me. I believe in true, strong
and honorable rfiendsjiip, bet J do not
believe in suicide, and it is bnk? at this
terrible cost that'J am compelled to for
sake him. I caßUot' regpiye yinegar in
exchange for wine ; my Creator would
hate me if I did. And yet the Governor,
with breath, tells me that he has no
position that ’’e will give me and with
the oihej: says he is mj best inena; that
he wo# friepft jgy father, aIL. that
he think# more of mo
mftn ' tbs §*.§te. Ob, spirit of truth !
has proven himself faithless ro ~ j
to his memory and to all the cherisheu
qualities of true and honorable man
hood. Very respectfully,
Hcoh A Haralson.
FDMJNU THE KANOS OF FRAUD.
I From the hew York Tribune.\
Nine men out of ten thought it unfor
tunate that, Mr. Hayes should enter the
White House with a clouded title. Bnt
it may prove, and we hope it will, that
his greatest good fortune, in all his for
tunate life, is that he attains the Presi
dency under circumstances which force
him to conciliate the best men of both
parties. Mr. Hayes desires, as his let
ter of acceptance proves, to do better
than his party has done. Absolute ne
cessity will reinforce desire. The cir
cumstances under which he will enter
the White House will eompei him to
bring to his support Northern men who
trusted him, bnt distrusted his party,
and Southern men who are sick of fatal
alliance with Northern copperheads.
Failing in this, he will go into history as
a President elected by a donbt, who bad
not tbe statesmanship to make his title
dear by devotion to the best interests of
the oonntry. A spurious Republicanism
has failed. Let him give the country a
genuine Republicanism, worthy of the
memory of Lincoln and Snmner and
Greeley, and he will shape the history
of the United States for many years to
eome.
The Swthera Feelio*.
[Washington Special to the St. Louis Times.]
The feeling of Southern Democrats
was illustrated by arsolloqny between a
New England Democrat and a leading
Georgian to-day during the caucus.
The New Englander reproached the
Georgian with lukewarmness, to whieh
the Georgian replied :
“We Southern Democrats will stand
by yon in proportion as you display
nerve. We don’t own many bonds in
the South. You Northern Democrats
do Now, this filibustering business
means, in tbe first place, trouble, and
in the next place it means that your
bonds wiU trail in the dust within sixty
days, and not be worth picking op. If
you Northern Democrats are willing to
go into it with these possibilities in
view we will stand onr share. We will
support you so long as you don’t flank
yourselves, bnt you mast lead, and we
propose to keep you between us and
the enemy all through the fight. If
you want onr support on these terms
you can have it.”
MR. HILL'S SEAT.
THE STB.GGLE POK rUK SUCCES
SION IN THE NINTH.
The Nominating Cuorvmtlon—First Day’s
Urni M iirnfo I'irr- —’ Neat* —Tie Clarke
Delegation—From Word* t Blow*—A Pee-
Honal Affair ea Ike Floor—The Belliger
eato—H. P. Bell Nominated.
[Atlanta Constitution .]
At 10, a. m., the Convention assembled
in the Court House, aud was attended
by a very large crowd of spectators.
Captain Hutchkins, of Gwinnett county,
moved that Hon. Wm. S. Erwin, of Ha
bersham, be made Chairman of the Con
vefition, and the motion ww agreed to.
Col Erwin took the Chair, and Capt.
W. L. Vaughn, Of Gwinnett, waroleet
ed Secretary, and Messrs. J. B. Thomas,
of Lumpkin, and W. W. Charlton, of
Banks, were made Assistant Secretaries.
The roll of counties was called. Of the
delegates set down to Clarke county,
three are the “bolting delegation,” as
they are called, and the three are the
“regular” or Carlton delegation.
When the delegates from Pickens were
reported, Hi n. LemAllred got up brisk
ly and remarked :
“Mr. Chairman: I give notioe that I
shall contest the admission of one of the
delegates from Pickens, because he is
not a Democrat. At the October aleo
tion he voted for men who were against
the Democratic ticket and who voted for
Norcross and Hayes. And not only that,
*-ut for fear that there might be a ques
tion about it in the future, he voted his
ticket open-faced and called attention
to it.” [Applause.] The name of the
delegate is Wm. Tate !
Mr. Alexander, of Banks, with a heavy
double-shotted whereas, introduced a
resolution to the effect that: “This Con
vention will not adjourn until it has
nominated a candidate, and that each of
us will not only vote for but use every
honorable means to secure the eleation
of the candidate nominated, no matter
whom he may be, nor in what part of
the District he may live.” [Applause.]
The consideration of the resolution
was deferred. A Committee on Creden
tials was appointed, composed of Messrs.
Alexander, Hockenhul), Born, RideD,
Mitchell, West, Bradley, Cash, Neal,
Mosely, Dyer, Lyle, Simmons, Quillian,
Haralson and Logan.
Mr. Bailey Thomas moved that the
question of the contest in Clarke be
submitted to the Convention, upon pro.
and con statements of each delegation,
and that the Convention decide which
delegation is the legal and proper one.
The motion was voted down, and the
credentials were ordered to go to the
committee. Dr. Bradley, of Hall, mov
ed that, for information, the delegation
state their claims to the Convention.
The motion was ag eed to.
Mr. Bailey Thomas made a calm
statement of himself, Rucker and Les
ter.
Mr. J. H. Huggius produced the doc
umentary evidence affecting the ap
pointment of both sets of delegates, and
characterized the delegates of the 17th
of February meeting as bolters and dis
organizes.
Tinney Rucker made a ied-hot speech
in support of his delegations, claiming
an i-utire legal and representative color
to its title to seats. He claimed that be !
had the knowledge that his delegation
was to be attacked upon the ground
that they were representatives of the
Speer following in Clarke county. He
disclaimed entirely any connection with
Speer, and said that while he had
agreed to support Speer iu this Conven
tion should he be a candidate before it,
and would do so now were that the sit
uation, yet he and his colleagues were
here to abide the action of the Conven
tion and did not intend to give any
countenance, support or encouragement
to the independent candidacy of Emory
Speer.
Mr. James O’Farrell replied in a vehe
ment and logical exposition of the case
and was proceeding to demonstrate fuily
the justice and fairness of the claim put
forward by himself and colleagues to
sea’s iu the Convention, when he was
out off I y a motion made l y Hon. Lem
Alfred to refer the whole matter to the
committee for a report, which motion
prevailed.
The rules of t]ie House of Representa
tives were adopted for the government
of the Convention, Hons. Geo. Dead
wyler, James J. Turnbull and M. Vac
Estea were invited to seats on the floor
of the Convention.
The Committee on Credentials made
a report to seat both of the delegations
from Clarke oountv, diving the vote be
tween them. The Chair then announced
that nominations were in order, where
upon H. P. Bell, H. H. Carlton, J. A.
Billups, Jasper N. Dorsey aud David E.
Butler were nominated. Twenty-six
ballots were them taken with no result,
when the Convention adjourned.
The Convention assembled again at
7:30, and three ineffectual ballots were
taken. Col. A. D. Candler was put iu
nomination ou the twenty-seventh bal
lot, aud is still in.
The highest yot: s tbps far qre :
Garlton '. —'... .28
Ben. 32*
8i11up5,.,... t.t,.., ,22j
Dorsey 19 j
Candler 20f
Butler 18
Dorsey’s name was withdrawn after
the sixth ballot. Motions to adjourn
are systematically v ited down. The
changes in the. ballot are immaterial.
The feeling is intense, and there are no
prospects of a compromise apparent.
There iqc tfb probabilities that nomi
nation will be effeoced to-uigbt.
Turnbull made a red-hot speech in
favor of a nomination at once. He an
nounced T. W. Rucker as the man who
was put iu to raise the independent ban
ner in the Ninth District. Rucker gave
Turnbull the lie, and a fight was inter
rupted by the delegates. Turnbull con
tinued to speak iu strong terms against,
a soramble. Ruckei replied in an acri
monious speech, characterizing all the
statements that be was au independent
as lies, deliberate and malieious. Turn
bull: Do you mean that for me ? Ruck
er: I do? Turnbull (trying to reach
Ruoker): You have got that to take
back, lying puppy ! Rucker: You
have got that to sWallbw Dnr#idp
hall. A motion was made to adjourn.
Mr. Vaughan said if this was done he
would move a substitute to adjourn sine
die.
Carry the News to Htraui.
Athens, Ga., March I. — Hiram P.
Bell flitslae.Sft'nominated for Congress
in the Ninth “OftWlct*‘to'feUoeeed Mr.
B. H. Hill.
THE CONSTITUTIONAL CONVENTION.
Editors Chronicle and Sentinel :
His Excellency the Governor having
promulgated his proclamation relative
to the Constitutional Convention, pro
vided for'bV a'fct of tfie General Assem
bly, it beedmesthepfebp'Jb to “select suit
able to 1 represent thiim in ! tjie
event the call made Is sustained.' Every
interest should be represented in that
body by pure and able men. Of the im
portant work they will b“ called upon to
Ido i* ia unnecessary that I should speak
at Buffice to say, that all the
ability, eiperiewfd, "ainstaaiSg .C'
which ' the gentletaen selected mar be
distinguished, will be required. 1 Thig
(I,Bth) Senatorial District will be enti
.ijj •: evt?n delegates. We are inter
ested in each of t h em. whether he haiie
from Glascock, Jefferson Or Richmond
in ik*£ {JonveotioD the seven will reprfi
sent the 4isi.ri*t, pot their respective
counties. The Sentinel
has air -ady suggested the name*
citizens— good und • Jf ue > , vl? .*
Charles J, Jenkins, Alexander O. Walk
er, Judge W. Hope flail, and George R.
Sibley, Esq. ’ , ,
Your correspondent desires to stijofesj;
a fifth name, that of Hon. James Q.
Cain, pf Jefferson. Mr. Cain is a fine
lawyer and a apptlpinpn of yaried infor
motion and Urge Whilst
representing this district m tpe fjtate
Senate, the four years just past, he made
an enviable reputation, serving his cor
stituente and the State at large with
signal ability 00.4 great fidelity.
In framing a Constitution. that will be
promotive of the best intoyaaia of onr
beloved State and receive the hearty pn
dorsemsut of the people, as great care
and as true ♦tetesni aI ' Blu P will be need
ed in providing fog the educational, as
for the elective, legislative, of judicial
department. Than Col. Cain, ho man
more fully appreciates the wants of o
people in this respect.
If onr people ffiean what they say,
they are desiroas that thousands of im
migrants—energetic men and true wo
men—e hall be indnoed to come across
the Atlantic to make Georgia their home
With an illiberal educational policy, all
onr hopes and all oar efforts ip this re
gard will prove to be utterly fruitless.
I should say that the foregoing sug
gestion is made without tbe kuowledga
of Col. Cain and in no other interest
than the people’s. Richmond.
Eight t* Seven.
Sines the decision of the H'eotorsl
Commission in the Florida case, ill?
Presidential question has beat the cause
of bat little excitement in Auguste.
People very generally settled down intp
the conviction that the Commission in
tended to count Hayes in and lost heart
of hope ss to any other conclu
sion. Many thought that the
Democratic members of Congress
should use every lawful measure to pre
vent s completion of tbe count, bnt oth
ers are of the contrary opinion and think
that inasmuch ss the Democrats favored
the Electoral Commission and went into
it, they Bhonld abide the decision and I
not seek to delay the count. The prin- 1
cipal interest oeotres in Booth Carolina j
and Louisians.
FOKTY-Kimif worms.
DEBATE AND CONFEftEXCES UP
ON APPROPRIATIONS.
The rij Appropriation Bill and Its Paliti
eal Prorlso Sticks la the Oraw of Some of
the Loyal—The Conference Amendment—
Investigating Committees Discharged—
Shall the Boards Be Remahded for Punisk
ment '—The Sense of the Honse on the
Presidential Election.
Senate.
Washington, February 3.—A subsidy
for the New Orleans and Brazil mail
steamers was stricken from the post
office bill.
Blaine called up the army appropria
stricted to five minutes. Blaine reported
a substitute. Substitute agreed to
and adopted—yeas, 32; nays, 23; and
goes to the conference.
The bill making appropriations for
awards for the Southern Claims Com
mission passed and goes to the Presi
dent. Recess.
Some Senators say that the army ap
priation bill will certainly fail unless the
House consents to strike out political
provisions.
Mr. Blaine called up the army bill.
He said the bill, as it came from the
Honse of Representatives, contained a
great deal pf new legislation, and the
Committee on Appiopriations thought
that the consideration of this bill would
invite discussion, whioh would result in
the loss of the bill. The committee had,
therefore, agreed to report a substitute,
which was substantially the army appro
priation bill of last session, which had
been thoroughly discussed. The esti
mates of the War Department amounted
to S3O 946,000, th army hill of last ses
sion appropriated $27,621,000, and the
pending bill proposed to appropriate
$21,992,000. He moved that debate
upon the bill be limited to five minutes
for each Senator desiring to speak on
the pending amendment. Agreed.
Mr. Wallace, of Pennsylvania, said it
would be seen by the substitute that
the Senate occupied the field heretofore
occupied by the House of Representa
tives, or, in other words, it originated
an appropriation bill as the substitute
was anew bill. The bill just passed by
the House proposed many changes,
some of which were valuable,yet the Sen
ate Committee by reporting this substi
tue refused to consider them and the
representatives of the people by this
substitute were refused a hearing in the
Senate. The House had thoroughly
considered the matter of using the army
in Louisiana, but the Senate Committee
by its report refused to allow the matter
to be considered in the Senate. The
proper course for the Senate would be
to examine each provision of the House
bill and adopt amendments in cases
where it might be thought necessary
to do so* The substitute fixed the
army at 25,000 enlisted men in
stead of 17,000, as proposed by the House
bill. Mr. Davis, of West Virginia,
moved to reduce the nnmber of men
from 25,000 to 20,000, and said this
amendment would result in an anuual
saving to the Government of between
three and four million dollars annually.
He believed an army of 20,000 men
was large enough in times of peace.
The Indians were not so troublesome
now as they had been and no troops
were needed in the Southern States
where a good many were located.
Mr. Logan, -of Illinois, opposed the
amendment, and said at every session
of Congress there was some proposition
upon an appropriation bill cutting
at the army. It was not an
economical measure to be con
stantly striking at the private
soldiers. Why not say there should
be only a certain number of officers. The
soldiers in the army was the cheapest
part of it. He did not believe our array
was large enough. It should consist of
30,000 men, which would give about
25,000 effective men. An army of 20,000
would leave an effective farce of not
more than 17,000. If it was desirable to
reorganize the army let a commission be
appointed to consider the matter and
report to Congress.
Mr. Blaine said the proposition of the
House was to reduoe the army to 17,000
men. Thirty-five years ago, when the
Indians were nothing like as bad as they
are now, the army consisted of 10,000
men, The army was smaller now, con
sidering the area of oountry and the
points to be guarded, than itever was be
fore. He thought it would be imprudent
iu the last hours of the session to re
duoe the army, as proposed. Probably
the army could be reduced with safety,
but no Senator now had any data upon
which he oould say it could be reduced.
Mr. Bayard, of Delaware, said it was
not the cost c f the army to whioh the
people objected so much as they did to
the employment of the army. The'peo
ple of the oountry feared that the army
had been used for purposes dangerous
to their liberties, hence they objeoted to
it. It now seemed to be generally un
derstood that the outgoing Administra
tion admitted tjiat the qse of the array
in the Bopthern States was not success
ful, and he hoped the day would come
when the laws would be enforced by the
military power only as a last resort, and
then by the militia of the State, instead
of the Federal army. Ten or twelve
years ago there were emergencies call
ing for a large army, Which, thank
Heaven, no longer existed. He, there
fore, supported the bill of the House of
Representatives.
Mr. Blaine said he did not believe
there was a lawyer on either aide of the
Chamber who would say that the Presi
dent of the United States, the constitu
tional Commander-in-Chief of the Am y
in some instances should command the
army and in others should not.
Mr. Bayard argued that Congress had
full power to regulate the use of the
army. The amendment of IVir. Davis was
rejected—yeas, 25; nays, 33 Mr. Alooru
voting with the Democrats ip tjie
V> J '
Mr. Karnan, of New York, opposed the
substitute and concurred in the views
expressed by the Senator from Delaware
(Mr. Bayard.) He argued that Congress
had the power to say that money appro
priated should not be used for a certain
purpose. It was competent for Congress
to- discard fba army entirely if it
thought proper to do Ro,
The substitute of the committee was
agreed to—yeas, 32; nays, 23—a strict
party vote. The bill was then read a
third time and passed. A bill to remove
the political disabilities of J. S. Ken
nard, of Georgia, passed.
,H House:
The resolution Unw'Vbe investigating
committees be discharged from further
consideration of matters committed to
them, and that persons held for con
tempt be discharged, was adopted. It
is discretionary with the Speaker to cer
tify the contumacious Board to the
Oouit. The conference on the sundry
I civil appropriation failed.
'JJie'pbttfefehce reports on various ap
priatiou bill! were inaije ancf agreed to.
In the legislative bill §U point? ip dis
pute were oompomised except as to the
President’s salary, the House voted to
insist on a reduction to 825,000. In
the post office appropriation bill, all
noints in dispute were settled, exccept
as to railroad car ftnd *
point a pew conference was ordered.
Thebitl reyiyes the frankipif privilege
as to all public documents pointed out
i by order of Congress.
A resolution was reported by Knott,
. of Kentucky, and adopted by a otrict
party vote, 137 to 88, declaring that Til
j den had received 196 votes of duly quali
fied electors, and was thereby duly
; eleoteo President, and that in the
opinion of House, Headricks having
■ received the Ilk© riucib©? of sleet-oral
votes, was thereby dtily elected Vice*
Pfpsident. Recess to nine o’clock for
i eau^.u*,
j P ith Bouses popttpua }U gessjqn till
nr>ou fcQ-mojrrqy. tfothlug ueuaite
! about the army bill yet. .
I, a. m.—The army bill is still in
; popferpgce..
! Jfoaefth E, JaitmlHO War Secretary.
It is possible that General Joseph E.
Johnston may become Secretary of War.
Hayes Sworn In,
t Washington, March 4. — Hayes took
the oath of pffice Saturday evening at
1 7 o’clock in the Green Boom of the
White House before Chief Justice Waite.
Thejre were no witnesses.
Tpe army appropriation failed. This
necessitates an session of Congress.
In JJad Tanty.
[Macon Telegraph..]
\ The correspondent of the Savannah
Morning News, at Atlanta, has the fol
! lowing paragraph ip a fate fetter;
! “Ex-G overnpr Brown fs better, but j
i hid friends say be will never get weff
enough to throw np pis hat for Hayes
or accept a place golfer jiis 4pinietra
i rioo."
Now, this is neither just or kind.—
Aside from the fact that the ec-Governor
is critically ill, and bis condition should
have shielded him from animadversion
almost under any circumstances, the
reo/wd does not warrant such an ungen
nrona On the contrary, his
whole aUitode has behold
jlfyd in the advocacy 0*
den’s claims. And, perhaps, had tho£?
counsels bie6n ioflpwed present peri
lous condition of affairs might haye been
i averted. Governor Brown’s services ip
Florida and his wonderful hold upon the
affections and confidence of the people’
1 render perfectly impotent and harmless
all flings and attacks of a purely person
al description which are levelled
against him r Hike all men, doubtless,
he has his faults But why assail a great
citizen causelessly when he does not
even bold any public position or office.
' THE SUPREME COURf
DECISIONS HENDKREO IN ATLAN
TA, FEBRUARY 87, 1877-
| Atlanta Constitution.]
Western Union Telegraph Cos. vs, Fon
* taine. Case, from Muscogee.
Wabneb, C. J.
The plaintiff brought his aotion against
the defendant to reoover damages, which
he alleged he had sustained in conse
quence of the breaoh of duty and negli
gence of the defendant, iu failing to
send and deliver a certain described
telegraph message received by it from
the plaintiff at Columbus, Ga., to be
transmitted for a certain stipulated re
ward, to Nourse & Brooks, at the city
of New York. On the trial of the ease
the jury, under the charge of the Court,
found a verdiot in favor of the plaintiff
for the snm of $363. A motion was
made for anew trial on the several
grounds of error alleged therein, which
was overruled by the Court, and the de
fendant excepted. It appears from the
evidenoe in the record that on the 9th
of December, 1872, the plaintiff handed
the paper, of which the following is a
copy, to the defendant’s agent at Colum
bus, Ga.: “Half rate messages : The
Western Union Telegraph Company will
receive messages for all stations in the
United States east of the Mississippi
rivei, to be sent during the night, at
one-balf the usual rates, on condition
that the company shall not be liable for
errors or delay in the transmission or
delivery, or for non-delivery of such
messages, from whatever cause occur
ring, and shall only be bound iu such
case to return the amount paid by the
sender. No claim for refunding will be
allowed unless presented in writing
within twenty days.
“Wm. Obton, President.
“0. H. Palmeb, Secretary.
“Deoember 9, 1872.”
“Send the following message, subject to
the above terms, whioh are agreed to, to
Messrs. Nourse & Brooks, 76 Beaver
street, New York: ‘Exercise your own
discretion as regards covering Deoember
eon tract. T. S. Fontaine.’”
Plaintiff testified that he handed the
foregoing message to Coleman, one of
the defendant’s operators at the office
of the company, in the oity of Colum
bus, on the evening of the 9th of De
cember, 1872, and paid 50 cents, the
asnal amount for a night or half rate
message. Witness knew that there was
a difference in the obligation and liabili
ty of the company on night messages,
and those sent in the day, did not ask
to have the message repeated, nor offer
to pay for the same. Plaintiff proved
by Nourse & Brooks that the message
was not received by them, and also
proved the damage sustained in conse
quence thereof in the sale of the plain
tiff’s cotton. Har.ell & Coleman, the
defendant’s agents and operators at Co
lumbus, testified as to the receipt of the
1 message from plaintiff, and that the
same was forwarded Pom that offioe on
the night of its reception to some re
peating office between Columbus and
New York; that plaintiff previous to the
9th of December, 1872, had frequent
dealings with defendant, and transuded
most of his business upon red or night
messages.
The Court charged the jury, amongst
other things, in substance, that the de
fendant was a Quasi common carrier and
liable as such for its failure to deliv r
messages received by it and could not
limit its legal liability by any notice
given by publication or by entry on re
ceipts given. The legal effect of the
charge of the Court was to make the de
fendant liable for the safe delivery of all
messages received by it for tranmission
either by night or day, in the same man
ner and to the same extent as a common
carrier of goods is made liable by the
law of this State. What is the measuro
of the defendant’s liability in this State
under the existing laws thereof, is a
1 question to be decided for the first timo
by this Court, and we are therefore at
liberty to decide it in accordance with
the general principles of law applicable
to that particular business, in the ab
scence of any statutory regulations con
cerning it Whe ia. person, either natu
-1 ral or artificial, undertakes any employ
ment, trust or duty, *suoh person con
tracts with those who employ or entrust
I him oi it to perform that employment,
trust or duty with that integrity, dili
-1 genoe and skill which belongs and ap
pertains to that particular employment,
i and, if by the’ want of either of those
qualities, any injury accrues to those
who employ him or it, for a reward, an
action of the case may be maintained
therefor to reoover damages. The de
fendant, as a telegraph company,
i by its machinery, undertakes to
■ transmit messages from one point to
1 another for hire, for those who may
think proper to employ or entrust it
with that particular business. In the
i absence Of any statutory regulation,
► wbat is the measure of the defendant’s
■ liability for neglect of duty ip carrying
■ on the particular business jn wh,ich it
' is engaged * Is it liable as a oommon
■ carrier or Quasi common carrier as de
i fined by the laws of this State V It may
i be stated as an inooutrovertable legal
proposition that every power exercised
by any Court must be found in and de
i rived from the law of the land, and also
be exercised in the manner that law
prescribes - Gray vs. McNeal, 12th Ga.
Rep. 425. What law of this State au
thorizes the Courts thereof to deolare
that a telegraph company, using pe
culiar machinery foj she Iwasluissjon of
trout one point to another, is
a oommon carrier, or a quasi common
• carrier and liable as such for its neglect
of duty in the particular business in
1 which it is engaged ? We know of Done;
but on the contrary, the true nature and
character of its liability would seem to
i be that of a bailee for hire. The sender
i of a message bails or entrusts it to the
defendant for a certain purpose, and
defendant undertakes to accom
plish that purpose by doing work
and b.esib.wiPß some care on the thing
bailed for a stipulated reward. Bailees,
under the law of this State, are not
insurers against loss or damage to the
thing bailed, but are required to exer
cise care and diligence in protecting
aod keeping safely the thing bailed, fn
all cases of bailment iu this fcitate, after
proof- of less or ilaroage, the burden of
proof is on the bailee to show proper
diligence. Code, 2,064. The plaintiff
proved at the trial the loss or non de
l- - S i.l linllr.d tha /la.
livery of the message bailed to the de
fendant for transmission to the place of
its destination, and the damage sus
tained in consequence thereqf. The de
fendant, however, insists that it is not
liable to the plaintiff by reason of the
agreement set forth in the record, which
was signed and agreed to by the pla n
tiff when he left the night message to be
sent by it. The objection to that agree
ment is, that it is broad and compre
hensive enough to nroteat the defendant
frcpa liability IronriU own gross neg
ligence in iailing to transmit or deliver
messages, whicb the law does not allow
to be done, Th? wpydn of the agree
ment are l 'on eondithm that the com
pany shall not be liable for errors or de
lay in the transmission or delivery, or
for non-delivery of such messages, from
whatsoever cause occurring. If the
words “except by the defendant 3 own
negligence” had been inserted ifi tji? |
agreement, it would Mb 1
able, and legal!/ pftdtog on the plain
tiff who had Knowledge of the terms
thereof. In our judgment, the evi
dence in the record made out a '(mrm
faoie case of gross negligence on the
part of the defendant. The message
was sent by the defendant’s agent and
operator at Columbus “to some repeat
ing office between" that point and
?or|.” What repeating office?, Inas
much as toe de|enc|apt had the
sive'control oj i|s own inaotunery, ope
rators and agents, it should have shown
to what repeating offics the message was
sent and whether it was received there,
and ’if so, what then became of it 5 So
far from ever doing this the defendant,
offered no explanation whatever, only*
that the message bad been sent to some ;
repeating office between Columbus and
New York. Although the charge of the
Court Wk§ erroneous, still the verdict
was right undPf the eyidgnce and the
law applicable thereto, and we yill not
disturb it. Get the judgment of the
Court below be affirmed.
Bueckey, J., concurring.
T.am ipoined tq the opinion th§t the
business of telegraphing ponsists merely
in receiving orders for work and labor
and executing them. Strictly speaking,
there is no bailment, and therefore no
carriage pf property The sender of a
message gives an ojrdpy for pertain work
to be done,'and the telegraph company
undertakes to do it. A part of it is per
formed by the use of scientific ma
chinery, and a part by the carriage and.
delivery of a paper which is not bailed
to the pompafiy, bqt whjph the company
farpisbes and prepares for itself. While
I take this view of the matter, I do not
think the eompapy c,n stipulate
liability (writ# eWB.fJPP 8 negligence
In no business carped o# for reward
can that be done. I concur in the judg
ment.
Jackson, J,, copcnrnng.
I concur in the judgment of this
Court affirming that of the Court below;
bat I wish to say that I am inclined to
think “'at the business of a telegraph
common carrier, and approximates verv
heady to tfc&t business, The telegraph
coinpahy unddrtajtes to carry and del.v
--e a message from one point to Mother,
and while it does not carry the identical
piece of paper on whmh the message is
written, nor nndertake to do so, yet it
doee agree to earry and deliver the mes^
sage itself—the sense and substance of
toe letter which is delivered to it at the
place from which it starts. It agrees to
rewrite the message at the place of des
tination, and to carry it thus rewritten
to the place of business or the residence
of the party or person to whom it is di
rected. It is immaterial, in my judg
ment, whether it carries the thing itself
or its substance or meaning, or by what
means it carries the substance, whether
by steam over a railroad, or by eleotri
oity over wires. Its obligation is to
carry and deliver a message on whioh
most important business transac
tions may depend. Its obliga
tion is to carry this message very
rapidly, and it charges increased com
pensation for so carrying and delivering.
It is chartered for that purpose, and is
bound by the charter and the very na
ture of its business to carry for every
body who will pay it. Its acts, there
fore, not only as a carrier, but as a com
mon oarrier ; and, therefore, I am not
prepared to say that the Court below
committed error in denominating it a
quasi common oarrier, and in applying
the rules which govern that bailment to
the telegraph oompauy. The latest
oomment-ators and the current of the
authorities seem to conour in this view
of the law, and to apply the rules gov
erning common carriers to te'egraph
companies.
J. J. Bradford, trustee, etc., vs. The
Water Lot Company of the City of
Columbus, defendant, and the Eagle
and Pheuix Manufacturing Company,
claimant,
Jackson, J.
1. The execution must follow the
judgment, and when the judgment, is
against the Water Lot Company of the
city of Columbus, and the execution
against the Water Lot Company, the ex
ecution does not follow the judgment.
The name of a corporation is of its very
essence, and a change of name in the
ft fa. from that by which it is sued and
judgment entered up against it, is a ma
terial variance. Code, §3635, Angell &
Ames, 599, 14 Ga., 280. 2. The claim
ant may tako advantage of such va
riance, and though it may be amenable,
the levy must fall. Code, §3495, 22 Ga ,
586. 3 If the same party has litigated
with the plaintiff in fi fa., he should
raise such an objeotion to the fi fa. at
au early sta<>e of the litigation, and fail
ing to do so, he will be estopp. and after
wards; but the claimant is not the same,
party as the defendant in fi fa , so as to
make this rule applicable to it, if it be a
different corporation from the defendant
in fi fa , though it owns a majority of
stock in the defendant in fi. fa. Judg
ment affirmed.
C. A. Redd & On., vs. Burruss & Wil
liams. Attachment and claim, from
Musoogco.
Jackson, J.
1. There can be no valid sale or mort
gage of a portion of a crop not planted ;
therefore, an obligation di.ted the 25th
of Deoember, 1874, to deliver certain
cotton of the next year’s crop—the crop
of 1875—passed no title to the obligee.
2. Delivery to the carrier is delivery to
the consignee, but not to a third party
to whom the cotton was not consigned;
though its proceeds were intended
to be applied to such third party, and
and he was to sell the cotton and pay a
note due to him, yet if the cotton be at
tached before delivery to the third party
and while in possession of the consig
nees, who are the factors and commis
sion merchants of the consignor, the ti
tle is still in the consignor, subject only
to the comuiis. ions and claims of such
factors, and the attaching creditor of
the consignor will subjeot the cotton to
his judgment debt in preference to the
claim of such third party. Judgment
affirmed.
Jones vs. Mobile and Girard Railroad
Company. Assumpsit, from Musco
gee.
Wabneb, C. J.
The plaintiff brought his aotion
against the defendant on an alleged
contract of guaranty, to make good and
valid the solvency and collection of cer
tain described Pike county notes, of the
value of $11,950, received by plaintiff, of
defendant, for work and labor done od
its road. The defendant pleaded to the
plaintiff’s action, amonst other things,
that plaintiff received and accepted said
Pike county notes in full satisfaction
and discharge of its alleged indebted
ness to the plaintiff, and that the said
supposed causes of aotion set forth in
the plaintiff’s deelaratioD, aocrued prior
to the first day of June, 1865, aud that
plaintiff's action was not ooiameuoed
until after the first day of January,
1870, and also that the plaintiff did not
commence his action within four years
from the time of the accrual of his
cause of action, and was, therefore,
barred by the statute of limitations.
On the trial of the case the jqry, under
the charge of the Court, found a verdict
in favor of the plaintiff for the sum of
$6,550 40, with interest from the Ist of
pf January, 1862. The defendant made
a motion for anew trial on the several
grounds of error alleged therein, whioh
was sustained and anew trial granted
by the Court. Whereupon the plaintiff
excepted. The error complained of is
the judgment of the Court granting the
new trial. If that judge,ent, in view of
the facts contained in the record, was
not such an abuse of the discretion of
the presiding Judge as would authorize
this Court to interfere and control it,
then the judgiqeiff should he affirmed,
whatever may have been the reasons
giyon therefor. The reason given for
the judgment granting the new trial was
that the verdict was against law and the
evidence. The Court may have thought
that there was no evidence to take the
case out of the operation of Vue statute
of limitations under it* charge to the
jury, and fqr that reason the verdict is
again** the law. The Court may also
have thought that it erred iu admitting
the evidence of Woolfolk to ytove the
contract of guaranty with Howard
in relation to the Pike eoun‘y net's, the
, latter being dead,according to the raling
of this Court in the case of the Georgia
Masonic Company vs Gibson et at., 52 and
Georgia Reports, 646—aud, therefore,
there was not sufficient legal evidenoe to
sustain the verdict. Af any rate the
Court granted 6 hew trial in the case as
for ike reasons given as fur reasons
; not given, aud as it is with the judg
ment that we have to deal and non the
reasons for it we will not, interfere to
disturb it in view of the facts disclosed
in the record. Let the judgment of the
Court below be affirmed,
Blacfigiftn et nl, wt, Cunningham. Peti
tion, from Muscogee.
Bleckley, J.
Except in cases expressly provided
for by the Code (section 8,874; stock
holders cannot plead or defend for the
corporation*. That the action is ground
less or collusive, and that, from motives
of fraud and favor on the part, of the of
ficers, the corporation fails or refuses to
defend, will amk e a& difference. The
stootiheddens may protect all their rights
; by instituting a proper action of their
own. Judgment affirmed.
Goldsmith, vn.
Kemp. Rule, from Marion.
Blecslex, J.
Money raised by the sheriff, under an
l execution issued by the Comptroller-
Geueral against a delinquent tax col
lector, cannot be diverted, by judicial
interference, from the payment of such
execution. The sheriff cannot be re
quired by rule to pay the money to the
plaintiff in a judgment older than the
Comptroller’s process. His duty is to
remit to the Comptroller without delay.
Code, section Judgment re
versed, -
The hfcigle and Phenix Manufacturing
Company vs. Brown. Assnmpsit,
from Muscogee.
BIiECkUEX, J,
V \Yhat Wvuld be a reasonable ’salary
. for services performed by the plaintiff
i in th s line of his special business, may
f be shown by witnesses who have em
| ployed him or been employed with him
and have seen the results of his skill,
and who know his professional stand
ing, although the witnesses aye not ex
perts, and although they know nothing
of the particular services sued for ex
cept from a general description of the
same contained in the interrogatories in
answer to which their evidence is given.
That testimony from such sources might
be of little weight, would not render it
inadmissible, the witnesses giving, with
their opinion, the reasons on which it is
fonnded. 2. When the only point ruled
by the Supreme Court ou § previous
writ of orroi in toe same case was, that
the finding of the jury was excessive in
amount, the official report of that de
c;sion should pot be read to the jury on
the new trial, as argument or otherwise,
unlessthe evidence be the same on the
latter as it was on the former trial. 3.
When, at the time an officer of a cor
poration accepts hi*’ appointment and
enters npon bis duties there is a by-law
in force (of which he has knowledge) to
the effect that the compensation of eaob
officer is to be fixed by the President
and Directors, be (i n absenoe of
any express agreement to the contrary)
to be understood as consenting to serve
for whatever rate of compensation the
President and Directors, in a fair and
Honest execution of the by-law, may es
tablish. If he should serve for a period,
long or short, before the President and
Directors had fixed any salary for his
position, he would, by his own choice,
anticipate their action; and at whatever
rime, during his continuance in office,
they {gigbt act, he would be bound
thereby, ■bof.h *■ .to the paat and the fn
tnre. Judgment reversed. •
John P. Port, administrator, garnishee,
vs. E. L. Strohecker. Motion to set
aside judgment, from BibU.
Jaokson, J.
A judgment against a garnishee, ren
dered after a full hearing, will not be
set aside on motion because of any de
fect in the testimony to support the
judgment, even though that testimony
be a judgment against the principal
debtor in a Justice’s Court, winch did
not show on the face of the proceedings
that the Justice Court bad jurisdiction.
The judgment against the garnishee is
a valid subsisting judgment of a Court
which bad jurisdiction, and in respeot
to that judgment the cate is res adjudi
cata, and the grounds of objection to
the defective judgment as evidence
should hr.ve been made and settled on
the trial which resulted iu the judgment
against the garnishee, and when be had
his day in Court. Judgment affirmed.
The Howe Maohine Cos. vs. O. C. Sou
der. Case for libel, from Muscogee,
Jaokson, J.
1. When a libelous publication does
not name the person referred to, but de
scribes him in respeot to his former
occupation and conduct, and size, the
opinion of a witness who testified that
he thought that the plaintiff was referred
to, and who gave the facts on which his
opinion rested, is admissible as evidence.
The fact that a reader of the libel thought
that it referred to the plaintiff, was in
jurious to him, and the more people
who thought bo wheu they read it, the
more be was injured by it; the evidence,
therefore, especially if supported by
reasons for the o inion, was admissible,
not only to designate the plaintiff as the
party slandered, but in aggravations of
the damages.
2. In the absence of a plea of justifi
cation, or other plea assailing the charac
ter of the plaintiff, or putting it in issue,
evidence reflecting upon the character
of the plaintiff should be txcluded.
3 It is the duty of the plaintiff in
error to see that the whole record is
brought to this Court; and when the
brief of the evidence is agreed to upon
condition that an issue and verdict and
judgment thereon shall be embraoed iu
the brief of the evidence, and it is mere
ly stated that on on issue tried by a jury
in the pending ease a verdict was found
that a certain person was the agent of
the plaintiff in error, such verdict,
neither the issue nor the verdict thereon
being set out in full, will be construed
most strongly against the plaintiff in
error, and will be held to mean that the
jury fouud him to bo tbe agent of the
plaintiff in error in respect to all mat
ters connected with the ease.
4. The conduct of this agent in taking
charge of the libelous advertisement, in
ordering a change to be made therein,
and iu promising to pay therefor when
he reeeived fuuds of the company
charged with publishing the libel,
though such conduct transpired after
the original publicaticn and the com
mencement of the suit, is admissible in
evidence as an admission by a duly au
thorized agent for the company, in the
course of his business; that it authorized
the publication, and on such testimony
the company was properly held respon
sible for tbe tort.
5. A corporation may make a libelous
publication ; in doing bo it must act
through an Bkent, for it cannot act
otherwise; and if there be proof that an
agent, within the scope of his authority,
caused tbe publication to be made, or
acting within the soope of his authority,
ratified it after it was made, and if there
was evidence that the publication re
ferred to the plaintiff, a verdict for the
plaintiff is contrary neither to the law
nor to the evidence; and though there
may be immaterial errors in the charge
of the Court, or in his ruliugs upon the
evidence, this Court will not control the
discretion of the presiding Judge in re
fusing to grant anew trial, tho verdict
being legal, the damages not excessive,
and the evidence sufficient to sustain the
verdict. Judgment affirmed.
THE MEDICAL COLLEGE.
Annual C'ouinienceinenl Exercises of tbe In
stitution.
The annual commencement exercises
of the Medical Department of tho State
University took plaoe at Masonio Hall
yesterday. Despite the inclemency of
tho weather a large audience, including
many ladies, was iu attendance. I)r.
Tuokor, Obanoellor of the University,
having been unexpectedly called to At
lanta to see his mother, who is ill, waa
unable to be present. In his absence
the diplomas were presented to the grad
uating olass by Hon. W. H. Hull, Presi
dent of the Board of Trustees.
There were seated on the platform Dr.
DeSaussure E’ord, Dean of the Faculty;
Dr Joseph A. Eve, Dr. L. A. Dugas,
Dr. L. D. Ford, Col. G. W. Rains, Dr.
Robert Irvine, Rev. W. W. Landrum,
Rev. Dr, Deems, of New York, and Dr.
Robert C. Eve,
The exercises were opened with prayer
hy Dr. Irvine. Tho degrees weio then
conferred upon the graduating class by
Mr. Hull, prefaced by a brief but elo
quent and' appropriate address. The
following are the gentlemen upon whom,
the degrees were conferred :
A. G. Davidson, Sharon, Ga ;D. H.
Harrißon, Gedurtown, Ga.; J. M. Head,
Flat Shoals, Ga.; M. E. Bowers, Augus
ta, Ga ; J. M. B. Spence, Georgia;
R. H. Drewr.v, Georgia; M. M.
Jester, Lumpkin, Stewart coun
ty, Ga.; J. T. Gilmer, Tal
botton, Ga.; J. E. Allen Augusta, Ga.;
J. W. Hogg, West Point, Go.; G. T.
Miller, South Carolina; P. L. Hudson,
Brathersvilie, Ga.; L. M. Singleterry,
Arlington, Ga.; R, 0. Wyly, Sparta,
Ga.; W. F. Brenner, Savannah, Ga.;
R. I. Walton, Daubnrg, Ga.; J. A.
Marshall, Greenwood, South Carolina;
W. 8. Keisler, Bummit Point, South
Carolina; E. O, Armisted, Crawford,
Ga.; W. J. Rogers. Sparta, Ga.; W. F.
Carroll, Griswoldville, Ga.
After the degrees were conferred, au
able and instructive address was de
livered by Prof. Robt. C. Eve. This
was fol'owed by the valedictory by Dr.
Robt, I. Walton, of the graduating
class. The talented yound orator se
lected for his subject “The Influence of
Philosophy and Religion upon Medical
Scienoe,” aud treated it in a manner
which drew forth frequent applause
from the audience. At the conclusion a
perfect shower of bouquets greeted the
speaker.
Benediction was pronounced by Dr.
Deems, and the exercises dosed.
The following is tbe report of the
Dean of the Faculty :
The Medical College op Georgia, i
The Medioal Dept, of the University >
of Ga., Augusta, Go., March 2, 1877. )
The Faculty respectfully report that
the present session of the College has
been eminently characterized by the
gentlemanly deportment and diligent
application of the class, and that no in
cident has occurred to mar the harmony
and good feeling between the Faculty
and students.
The number of full students was forty
seven, and of partial ones forty, making
an aggregate of eighty-seven in the
class, 01 these seveutv-eigbt were from
Georgia; six from South Carolina; two
from Alabama, and one from Germany.
Twenty-one of these gentlemen having
complied with toe rules of the institu
tion, have been dnly examined hy the
Faculty, and are now reoommeDded for
the Degree of Dootor of Medicine.
These candidates are;
A. C. Davidson, Sharon, Ga.
J. N, Head, Float Shoals, Ga.
M. E. Bowers, Augusta, Ga.
J. N. B. Spenee, Georgia.
R. H. Drewry, Georgia.
M. N. Jester, Bumpkin, Ga.
J. T. Gilmer, Talbotton, Ga.
Jos. E Allen, Augusta, Ga.
J. W. Hogg, West Point, Ga.
G. T. Miller, South Carolina,
P. L Hudson, Brothersville, Ga.
L. W. SiDgletary, Arlington, Ga.
Kobert Q. Wyley, Sparta, Ga.
W. S. Brnnuer, Savannah, U.
Robert I, Walton, Danburg, Ga.
J. A. Marshall, Greenwood, S. V.
W. S. Keisler, Summit Point, S. C.
E. G. Armistead, Crawford, Ga.
W. J. Rogers, Sparta, Ga.
W. F, Carroll, Griswoldville, Ga.
D. H, Harrison, Cedar Town, Ga.
Since the last meeting of the Board of
Trustees, at the beginning of this ses
sion, the Faculty instituted supple
mental looturea, whieb have been de
livered by the clinical assistants.
We take pleasare in reporting that
these younger attaches to the institution
entered npon the discharge of these
dnties with cheerfulness and seal, and
with much ability, have rendered val
uable services to the students.
DkSattsspse Ford., Dean.
Kowxtk Warmed Ip.
[JVoro the Philadelphia Bulletin.]
Rome, February 2.— A friend who has
just come from Tarin has been giving
me a glowing description of Kossuth’s
rsception of the Hungarian Deputies.
He says the effect was overwhelming.
The eloquent old Magyar made a splen
did speeoh. At the dose he turned sud
denly and remained silent for an in
stant, gaaing on the flag of Hungary,
and trembling with emotion; then he
burst out. in his magnetic voice: “You
ask me,” he cried, “to return to my
country ! Yes, I shall retnrn ! But only
on tbe day when I oan seize this blessed
banner and p ant it at Pestb, when it is
truly free and independent. I cannot
be false to my past 1 And I grieve to say
to you that I can never see my country
again until the day of its complete de
liverance—its total independence. That
day I will go and will be proud to repre
sent you in Parliament, and to serve
you, body, and soul.” The Depu
ties cried, shrieked, and fobbed aloud.
,1. .. . j , 1
Why are the days in Sumnder longer
than the days in Winter ? Because it is
hotter in Bummer, and heat expands,