Historical Newspapers of South Carolina

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-.???????????????III WM???*? ? ^^^^^^^ ^^^^^ ^^^^ '^^^^ BY E. B. MURRAY & CO._ANDERSON, S. C., THURSDAY, JANUARY 0, 1879. " VOL. XIV-?O 26. IT/M np tWOHCniPflOS-OxB DOLLAR FIITV i'Ksrt cor annum, lo advance, 'I wo fcARs at end of year. SKVI NTY-FIVE Cairn lix inontkj. MKrript ons ara not tates for a Itu period \TS? OF A P VRRTISIXa.-Oat Podar per pa al <>na inch for th? lirsl I inert loo, and FiPy a par t.piara tar ?uWqiu-ut liuerttoDsIcstthan I mouths. Na adtortiseiuetili. einmietest a Kinara. lera! ceotracts will tts ??de with those wlddng ?-rti?e for three,?Ix or twel?e inoaths. Ad nliif hy commet must he ceunned to the im atehailticssei th? Urra or Individual contrac t'iary Notices cxeeedlnr fife How, Trlbntea atpeet, and all persons! cotniuunteation " Ext uf iiid'Tidual intered, will h* rhargrd !. . erlislug rates. Announcements of marriage! laths, aad notir?, of? reliclotU character. are Ifullr solicited, and will ho insulted gratis HE BOM? COURT'S DECISION. ftjStt or th? Klahorate Opinion of Judso Thomson. . J^fije opinion of Judge Thomas Thom ??fij^ii the ted case? before tile Court of ?ftren* is UH follows: ??wSlnte ol' South Carolina, County of ;?-'Jacilland-Court ol' Claims.-Francis '?if'?mi l'elzer et al., plniutilfs. vs. lite .State S>vf' Carolina, defendant-Com plaint on Coupon ol Consolidated riefend. ^??pits were brought in the above case ftCffioihers on ;? >u?.i/??s o?' bouils consoli dated under the Act ol' Assembly A. D. ?jff? alleging -but they were not paid l?Dp^rdiiig lo their obligation. ^?|iii.wera were filed in nil the cases, ?maintug numerous grounds of defence. ^??> a number of the caces "the defences, 'ij^wever, were nominal." The plaintiffs JpJO&ed their ownership of the bonds and $t^ecd from the bonds their ownership ^CTgfbe "cancelled bonds, coupons and certificates td' slock" which had been in W?)r possession or in those from whom they derived their right. In such eases judgments were given for the iduiiiliffrt. ^j&Biit defences wer? made to bonds by fjff;the largest in number and amount, $U*giug they were obnoxious to one or i.Wtore of the charges of. illegality cou ||?$ned in the epeciiiations of Schedule .'rxjE$. b of the Hood Coinniission's rei>ort. ,'.v&QThe ouse above stated, and more, were : Mi ed upon coupons of bonds regarded "Osjiiuhject to the objections made by the Bt?nd Commission, und triul was hud ol' them tts test cases. ??5?The pleadings-testimony taken in Ifijw York-parol testimony and numcr Olfs documents, with arguments ol' coun '-.JmL were submitted to the Court in said case n. : ???t may be proper to state briefly thc .legislation which established the Court of Claims and brought these eases before KV. Uv a joint resolution passed on the 2Jst day of March, A. D. 'l878, the Leg islature provided a mode of itscertaining the debt of the Stale, and of liquidating ?nd settling the same, A. A., 1877, p. OOO. . ?This joint resolution was, it seems, the result ol'a prolonged discussion in the Legislature upon the report of a Com mission appointed to investigate the in debtedness of the State under it joint -'r$?j?dut?uii .-?pproved 8.11 June, A. D., ion. A. A. 1877, p. 318. 'This Commission was raised to make 'ajponiplcte and thorough investigation of certain mutters, amongst them, "Whether there ls in the State treasurer's office on file, as vouchers, cancelled bonds, cou Bgis, mid certificates of stocks of the issues described, issued in accordance With law and authorized to bc consolida ted by the act above recited to the amount required by said act, and with reyerto thc Commission, should it ap pear in the course of the investigation that any of said bonds, certificates of fifcrjek or coupons have been illegally or otherwise improperly issued, to report t??e same, together with the evidence Upon which thc illegality cr non-con fdrmity to law rests." ?"Acting under said authority, the Com mission made their report, and found that $5,lS4,0?2 of bonds were issued in ac cordance with law, and authorized to be consolidated under the act of A. D. 1873. ?5; They further reported there were ^?uehers remaining in thc judgment of .he Commission not issued in accordance ?With law, and authorize?! to be consoli dated, amounting to $3,608,717. ?The controversy was in relation to the 'Muellers for $3,008,717, culled in the jrjiint icsolution of June, A. D. 1877, "Cancelled bonds, coupons and certifi cates of stock ;" whether these were {spued in accordance with law, nnd au thorized to be consolidated. ;The vouchers-"cancelled bonds, cou pons and certificates of stock"-objected ::f? in the report of the Bond Commission, .tije fully set forth therein. Schedule No. 6^' appended to the report, describes with minuteness thc securities issued os al leged not in accordance with law. .-?falie question ns to thc validity of these vbuebets was submitted to the Court of Claims, according to the resolution set for iii bciOVV. .rjalt is obvious that an important nnd primary inquiry is, What is tho power of 'tUis Court? or what is tho duty required by the L?gislature ut its hands? ':(rThe Court of Chima is special in char acter and pupeases the powers of u Cir cuit Court only in relation to the subjects designated in tho resolution and submit ted to it. The powers of the Court are defined by the eructmetits creating it, and outside of which it has no authority ti}.act. These powers cannot be extended by implication, nor can the Court assume contracting powers-"powers not literal ly; given or necessarily consequent upon tH<>se 0 given." McKinzie vs. Rntosuy, 1 hailey, 457. And inasmuch as thc Court exists only by legislativo autln rity, reference must bo hud thereto to ascertain both tho ex tent of power and the objects to be ac complished. ATIIC resolution provided (1st Section) t?iiit suid Court shall "have jurisdiction ti? hear and determine any case or cases made up or brought to test the validity ot- any of the consolidated bonds, coupons and certificates of stock, or any of the various classes of them, mentioned in the said report of tho Hood Commission as fating on vouchers not issued in aecord .ajjee with law, and authorized to be con solidated by the act of the General As .?t?nbly, approved December 22, 1878, en titled 'An act to reduce the volume of me public debt, and provide for the. pay aient cf tho Mame;' and also as not issued accordance willi law, and further de signated in Schedule C of the said report." if That which is plain needs 110 interpre tation. Thc validity of the consolidation iponds, coupons and certificates of stock, tilt any of them, at resting on vouchers , not issued in accordance with luw and authorized to be consolidated by tho uct of Assembly nf A. D. 1873, is to be tested. ;ifAt the eli.*-, of thc same section, as if iii place the intent beyond doubt, are added tho words, "And alco us not issued (that is the cancelled btrnds, coupons and certificates of ?tock) in accordance with law, and further designated and described lu: Schedule 6 of the ?-aid report," via: ifce report of the Bond Commission. jUpon a reference to the report, 9th nape, tho following language is found : ISJTUe remaining $3,GU8,717 of these Wuchers, in the judgment of the Com tfrtssion, were not issued io accordance With law and authorized to bc consoli dated by the act above recited." Then uHlows an enumeration of thu evidences public indebtedness, cai i ed by the *J5?nd Commission "vouchers," applied to eleven classes of accurities. Cati there tju|t u doubt thtit the vouchers referred to 'rallie resolution are the securities called Vouchers in the report? ??Willi equnl clearness the meaning of V?jLe Xje"isl?iure may he learned from Scc jfcm ti of the resolution, which <' dares ,?jsl a case, or enies are to be bei .and '??'ermined in said Court "to test thc va rrrartiiy of ttie sui'i consolidation bouda viiaid coupons and certificates of stock .ttietiti. ned in Schedule G, bringing befare Xfpe Court thc varions classe.* of voucher.* .-which it is alleged in toe report of the .'if*id Ooraraiasion impair tba validity of llie said consoiidatcd bonds, coupons and certificate* of ?tock or any of Iberu," What is tho meaning in tho largest seilte which, according to the common usu of language, is lo be given io the auctions ot the said resolution ? They j ought not to be extended beyond their i ordinary sense in order to comprehend a case within their object ; for that would be to give effect lo un intention not ox prcised. Broom's Legal Maxims, 270. When thu Jurisdiction is sharply de fined, and in so many words, what placo eau there be for the exercise of construc tive powers? In regard to the grunt of power here expressed, the mic that the express mention of one thing implies the exclusion of another, may lilly apply. Broom, Iv. M., 27P. In connection with the consolidated bonds the only mailers mentioned arc the vol oilers. fiie question ia not whether the Con solidated bonds, coupons ?nd certificates of stock ure valid, but whether they are valid as issued in accordance with law, und authorized to be consolidated by the act of the General Assembly, or as stated in the Otb section of thu resolution, "lo test the validity of th', said consolidated bonds, coupons and certificates of stock, bringing before the Court the various classes of vouchers which it is alleged impair thc validity of thc bonds, coupons and certificates of stock. For the Court of Claims to hold that the act ot A. D. 1873 is conclusive by compromise or otherwise of the validity of tho bonds, coupons and certificates of slock, because the securities to bc con solidated are enumerated in thc first sec lion of the act, is an end of the case. Such a question could be made before a. court of general jurisdiction. This question is not submitted by the resolu tion lo the Court of Claims, nor does it touch the point presented by thc first and ninth sections. The plain intention of tho resolution is to ascertain il the various public securities set forth in thc first section of tho Act of A. D. 1873, called vouchers in thc report ol' the Bond Commission, were issued in accordance with law, and authorized to be consolida ted by thc act. If so, then the consoli dated bonds und certificates of stock, taken in exchange fu? the vouchers and renting cn them, were lo be held and ad judged valid debts. If these vouchers were adjudged not issued in accordance with law, then the bonds and certificates of stock resting on them were to be so held in view ol the resolution, and were not authorized to bo consolidated-de spite their consolidai iou by the Act of A. D. 1873. By thc resolution of 8th June. 1877, the Bund Commission is directed to make ii complete investigation. First, of the entire amount of consolidated bonds issued under the Act ot A. D. 1873, with particulars thereof. Second, Whether there is in the State treasurer's office, on file ns vouchers, "cancelled bonds, cou pons and certificates of blocks of the issues described, issued in accordance with law, and authorized to be consoli dated by the act above recited to the amount required by the said act," A. I). 1877, p. 3FJ. Two inquiries are by the second para graph of ?Section 2 imposed upon the Commission. The first, as to the vouch ers if they ure of file in the treasurer's otlice. Second, as to the amount required by said act, thal is (lie amount specified therein upon recital. Keeping in mind these instruttioiii given to the Commission, with those given to the Court of Claims, by the resolution of thc 22d of March, 1378, io Sections 1 und 9, cun there be a doubt ot the duty or service to be rendered by this Court? namely, an examination ot the vouchers exchanged for consolidated bonds. It is evident the Legislature of A. D 187? and 1877 did not conceive itsell bound by the former action of thesnuu body, nnd felt itself at liberty togo be hind the legislation of V? predecessor The propriet" of this is not before tilt Court. That the above construction is lo bc placed upon the resolution is otho;?vlsi clear. Why should the Legislature refei to a special tribunal the question lo UM the validity of the bonds and certificate! of stock, if the validity of these securi ties were regarded as established by tin Act of A. 1>. 1873? Why designate t< the Court, if thc bonds und certificate: of stuck were valid debts under said act thc futile inquiry, if they were valu debts ax resting on vouchers or securities which wero-invnlid SB not being issuer, according to law? Tho report of tin Bond Commission assails the validity o tho consolidated bonds and corii ticatc-M o stock upon the ground that they res upon insufficient or invalid securities securities which were not debts, and thii position is not changed or enlarged b] the resolution which creates the Court o Claims and refers to tho report. This view of the jurisdiction and pow er of the Court of Claims disposes of th several propositions of the plaintiff: The second affirms, "The consolidatioi uet creates a contract between the Stat und every bolder of ber debt ceptin the terms thereof whereby, in considers lion of mutual advantages, a COtuposl tion of their claims was made, which i finul and conclusive." No opinion is expressed, nor iniende to be, nf the force and effect of chi proposition. It is enough to say th question presented is outside of the rest lution, and not found in its words or ir tent without departing from the ordin?r meaning of language. It is manifest that the third propos tion of the plaintiffs, "Because the Sta! by her action otherwise has preclude herself from denying the obligation < any of the debt recognized aa valid i the consolidation act," comes within tl reasons above stated, and cannot be coi sidered by the l C irt. The tiret proposition of the plaintif that "the consolidated bonds ure coupe bonds payable to beureV, that is to sr negotiable instruments iu the hands i bona tide holders for value before mau rity," is not within the scopo of the rc elution, but may be modified to crpre the real question. The proposition stated nlDrmntirely i that the vouchers, that is "the cancel h bonds, coupons and certificates of stock in exchange for which consolidant bonds and certificates of stock werr were issued in accordance wita , authorized to be consolidated by the ?v of 1873, nnd (the vouchers) also a* issn in accordance with law, and further d signaled and described in Schedule 6 said report (Bond report.) It becomes necessary to consider I contract between the State and the pi ties to whom the cancelled bonds, cc pons and certificates of stock were K or transferred, in which way tl.ii Ciato made a party, and how such contract lo bc construed. Thc State proposing to borrow mon offers its obligations for neceptonco, i to one or two persons, but to cuni tal i of every country. The tomi? ofoblij tion ami discharge are expressed by act of Assembly. This net is no secret document, hu high and public record, The p.-uty, t acting for the State willi thc lender is ?treat 1ft pointed out. All this is necea ry and become* fixed, not flexible like a contract between citizens ; but the offer simply is submitted for consideration, awaiting acceptance or rejection : and here, also, the agent for the .State is without any discretion such as thc act confers. His power is special and lie cannot modify or enlarge Ins instructions. The lender tims bas it in bis power, by referring tu the legislation of th" State, to understand the exact term J c f the offer, the agent with whom he has to deni, und the result of his acceptance. He should beur in mind that upon a de viation from the legislative oller, which no one unless empowered can assent to, thc State is not bo and. In a word, a bond issued under an act of Assembly is KO connected with it as to make substan tially one contract. A bond nf the State issued without legislative sanction is a nullity. A State ns a borrower of money may become bound ns an individual, though not responsible in the same mode. Hut it is to be remembered that liiere can be no equality between the State and its officer and agent who acU as under a mandate. Au individual is liable lo the extent of the power apparently conferred nu bis agent; but the government is liable only to the extent of the power actually conferred. 1'ierce Vb. the Uni ted States, 1 N. and H., 270. This principle is specially applicable to the over issue of bonds under cover <f the Act of 18?7, to raise funds lo pay in terest on the public debt. In relation lo these bonds issued for payment of inter est on the public debt, it appears that thc first issue ut der thc power conferred by said act was for one million of dol lars. The purpose of this issue as ex pressed was to procure a loan to pay in terest on the public debt. On the face of the bonds of tho first tesue the title of the act is set forth in full, the date of thc act also being slated iu the body of the bond. Waiving ibo question whether more bonds than amounted to $1,0U0,00(J on their face could be issued until a mil lion of dollars was realized from theil sale, it is apparent thut there was an un authorized excess of issue in number and amount. The issue ol' thc second mil lion of bonds wu? made under thc same net, the bonds similar in every respect except that instead of thc title of the ad being inserted in thc bond, there wai substituted for it the words, "Issued un der an act approved August 20, 1868." There is no disputing the fact thu bonds were issued purporting to bc nude this act, which produced more than : million of dollars. This appears fron the act of A. D. 1873, which uuthc r:ze the fucding of $197,000 more than thi million of dollars authorized by the ac cf the 20th August, 1808. Is the Stall responsible for this over issue of th bonds for $1,000,000 on their fuce-or fo the over issue in excess of bonds necea sury to be sold to produce one million o dollars? In either case there was a poa iii vc want of authority or power in lb agents of the State lo uisue bondsbeyom a certain number or for more than ti cor tain amount. This is not the case o power irregularly exercised, but the tutu want of power. It is u radical defect t title which will avail agaiusl a bona fid holder of the bond. The olficers of the State issuing thes bonds and selling them were agents for special purpose, aud could not bind th Stale beyond the power expressed. Kent, 325, note A ; Wilkinson vs. Kinj 2 Comp. K, 325; Ilartop vs. lionne, Atkin, 44. A special agent lins no discretion. A government agents (unless otherwise en powered) are special agents. Audersc vu. Romley, 21 Kendell, 279; 2 Ken 020, 621, note A ; Gordon va. Buchauui 5 Verger's, Tenn., Hep. 71. To say the least, the bonds over-issue nn above ure without authority of lui N. Y. and N. H. R. lt. vs. Schuyler, ? N. Y., Rep. 30 ; Devass vs. City of Rici mond, 18 Gratton, Va., 302. The conclusion is that the bonds of tl second issue under thc act of 26th August, A. D. 1868, ia excess of oi million of dollars, were not issued in a cordance with law. and authorized to 1 consolidated by the A. A. 1873. The question of greatest importan ruised by the report of the Boud Cm mission, at least involving thn large sum of money, is that called "The li pothecated Bonds and Coupons." Tl plan adopted by the officers of the Sin in the wreck of its credit was the coi mon one of borrowing from Peter to p: Paul. Hud the credit of the State be good and its bonds at par slight lc might have resulted from this operatic But in this Bchcme not only must t agents effecting the exchange of cre< bc paid, but there was superadded a ca stantly increasing volume of debt, arisi from the difference between the mark and the par value of the bond, whi the purchaser could claim. The tnul nide of South Carolina securit' .3 on t market waa so great or the credit of t State so low that in November, 1871, t Orr Bonds, regarded ns the beat, sold 28J per cent. N. Y. Test 23. To cc tinue the sale of the bonde at such n was to bankrupt the Slate, and the p< cy was preferred of obtaining loans b; pledge of the securities. The two ncLs of Assembly, of 21 August, 1868, gave no power to pl?c the State bonds for loans. A. A. 18 p. 18-19. ^.'.is power was first given the net of 1869, approved 17th of Feb ary, A. A., p. 192, as to tbe loan conte plated by this ucl, which was required be made within twelve months from . Sm.. - T ...._T1T. - .HIUJUIH niue ut tm jjnoonj;c. ny a oiiuseijU act, 26th March, 1869, p. 258, the poi waa given to pledge for loans all bonds of the Stute in ita possession, : extending the time for the loans for l years from 26th August, 1868. It r, be inferred the value of these seeuri did not improve-probably it decreai The financial agent could sell or pied yet, although the face value of the bo pledged was nearly four time . the ame of the loans, he never sold ;" r-'ie the pledged securities, the evidence sh iug increasing distrust of tho collate aa n sufficient indemnity. Milla' I N. Y., 25. [ These pledged bonds worn ncv*?r lieved or released except in one or instance- in i-mall quantities, and \ sold oi otherwise disposed of by. Idedges, ai appears by the tcsthn lovernment bonds, payable at a fu day, especially when the day is dial I have been a favorite mode, of investi for those not actually engaged in t or handling mouey itself. With aged nnd trustees it is a preferred t ntjfi as it proffers safe and certain ret without supervision on their part, reason is obvious. The communil men forming a State is surely safer any single person of the Commonwe When tue faith, credit and funds ol Stato aro pledged for the redempti the principal when it becomes clue for tho payment of interest in the of coupons in the meantime, thc hi; security is given. Thc honesty wealth of thc community are elemei I increased security for thc payment < j bonds. So also the performance of \ eminent enters into the essence ol eminent bonds, for H State under i changes, some of which may oven <f it* form or existence in ten yean give DO assurance for the payment of a bond at the end of twenty. In theory, ; at least, the bonds of a government should be always at par, as the credit of the whole State, when the property of ul I individuals is bound, should exceed the credit ol* any single member, lt is ob vious that when these bonds were used as collaterals there was a wide departure from their common nie. Seldom have State bonds been used as a guarantee for the payment of doubtful obligations. 'Ought not the very use to which they were applied have been a warning that something was wrong? Thc credit ufa Slate is a sacred thing, should not be prostituted to every com mon purpose, and hawked about on 'Change like the note of a huckster. Certainly the circumstances surrounding these bonds would have suggested a rigid scrutiny ol'their legal origin and of the power of the possessor to dispose of them. Objection is taken by the defendant that the bonds issued under the two acts of 2Gth August, 18o'8, could neither be sohl nor hypothecated alter thc expiration of two years from the date of said acts. The act passed i7th of February, A. D. loGO, limbs the time for loans lo twelve months, und authorizes hypothecation for loans. The act of lilith March, 1SG9, entends the time for negotiating loans under the acts of August 2G, 18GS, to two years, and authorizes the pledging ol Louds us security. These loans uro : 1872, .lulv 1-Loan from Morton,Bliss ec Co., $210,000, collaterals $720,000; B. lt. It. B., ?42:1,000. Total, ?fl, 143,00o. 1872, Mav 22- Loau hom K. K. Wil lard, $90,000, collaterals $250,000 ; B. It. lt. B., $170,000. Total $425,000. 1872, April 1-Loan from Iraac II. Knox, treasurer, $00,000, collaterals $202,000. 1871, September 21-Loan from Dry Dock Savings Bank, ?100,000, colluteruh $350,000. 1872, April 30-Loan from German Up-Town Savings Bank, $50,000, collat erals $200,000. 1872, September 10-Loan from Com mercial Warehouse Company, $47,310 collaterals $120,300. From thia statement it appears that all thc loans were made after 26th August A. D. 1870, more than one year al'tei loans were authorized to be made undei the nets. The act of 2Gth March, 18G9, declarci the financial agent is "authorized t< pledge'.he bonds of tlie State which tin State now has or may hereafter have ii its possession, as collateral security fo State loans," with a proviso that in al transactions he shall con form to the pro visions of the acts of 2Glh August, 18G8 It is to bc observed thal the power ti hypothecate is connected with thc loans Hypothecation, however, wies adopted a a mode ot effecting the loans. Thc sim pie question then is, within what tim do the acts authurize a loan aud hypoth ccation ? The answer is given by the acts-with in two years from the passage of thc act of 2Glh August, A. D., 18G8, and on year from the passage ol the act of 17t! February, 1800. It is needless to ttay that after the tim limited by the acts the Governor coul not under acts of 2Gih August, 18G8, nc the Governor, comptroller-geuerul an treasurer, under the act of 17lh Febre ary, 18GU, negotiate State bouds, ror at thorize the financial agent to do bo. It may be submitted in reply to lb that time wies not thu essence of the coi tract. The law is otherwise. In Green vs. Biddle, 8 Wharton, 34, is said in regard to the law impairing lb obligation of contracts, that "the obligi tion of a contract can never depend upo the extent of the change which the la ciiccts in it. Any deviation from th terms by postponing or accelerating tl period of performance which it pn scribes, imposing conditions nut expr?s cd in the contract or dispensing with tl performance of those which are, howevi minute or apparently immaterial ir thc effect upon the contract of the partie impairs its obligation." That time may not be of the essence a contract is 11 principal of equity juri prudence. In eases like the one und consideration, equity follows tho la' "If, therefore," says Baron Aiderso "the thing sold be of greater or le value, according to the effluxion ol' tim it is manifest that time is of the essen of t'.e contract ; aud a stipulation as time must then be literally complu with in equity, as well as in law. Tl cases of the sale of stocks and of a rove sion are instances of this." Hipwell 1 Kuight, 1 Youngc and Collyer, 415 ; Story, sees. 775, 776 ; 2 Kent, G21, Nc E. ; Batty vs. Cawwell, 2 J. lt., 48. That time was regarded as an espent: element of the contract is shown by t action of the Legislature extending t time to effect tho loans from one to t' ycaw. In plain language, a power of 1 torney was given io certain otficereof t State to borrow money within t.wel mouths or two years, and when not 1 complished in that time their pow ceased. It was not a power which UM officers could exercise cx-oflicio. Th< .caa a conferred power, special, fri which they derived the right to a whiftb. they ceuld not modify, and fri which they could not deviate. It is deemed scarcely necessary to re to thc question of notice in relation thc contract contained in thc acts. . the bonds refer to the acts under whi they were issued in such unmistaku language as to give full notice of th provisions upon reference to them. There is notice of another cbaruc affecting the bonds-not only that ll were issued after the power had end but that those deaiing with them w not bona fide holders without notice. Governor Scott, at an early day-in message of November, A. D. 1871-sti the fierce warnings given by the press the State that the bonds in quest would never be paid; that they w Bayonet bontU issued by a bogus Le lature; warning capitalists of New Y they would not be paid ; that the wi scheme was a job und a swindle, and I tho bonds would never be recogui when property-holders and honest 1 hud * majority in the councils of State. A page of language of this cl acter was inserted in his message-ai lie document. Governor Scott nays further that tl warnings began in the press but ten < after the new government went into 1 ration-17th July, 18G8. Ile dech also, the action of the Taxpayew' ( vention in May, A. D. 1871, and ol Charleston Board of Trade, had a 1 disastrous effect upon the securitie the State, and compelled a largo rapid increase of tho public debt, thus furnishes in a public documenl notices agniiiRt the bonds, and the e of thc warnings in New York. Human credulity would far trana human belief, if it could be supr that bunks and bankers dealing to lie securities could be ignorant of t expressions in rcgnrd lo the bonds, conclusion is that the loans and hy j ccation of securities negotiated af let periods of time limited by the acts c said, were not issued in accordance law, uor authorized to bo consolid?t tho act of 1873. i f The first act providing for the apr mailt of a laml commissioner waa passed 27th Mateh, A.D. 18C9. The act establishes an office, nnd thc 1 ollicer was to bc known as the lund com missioner of thc State of South Carolina. Ile was to be appointed by an advisory board, which consisted of thc Governor, comptroller-general, Stale treasurer, see-, retary ol'State and attorney .general. The appointee was to give bond in thc . penal sum of $20,000 for thc discharge of the duties of his office, and was to receive a salary of $2,000. To this land commissioner, who could I scarcely think without thc -unction nf the advisory bonni, tho Legislature di- : rected the treasurer to issue "Honda of I this Stale in the sum of two hundred thousand dollars, with coupons attached." The plain intent of the act w aa that the 1 If- nds should be placed in ihe hands of the laud commissioner; his duties in volving purchases and sales of lands, the ! direction in the 7th clause of the act as to investment of moneys from sales, to j constitute a sinking lund for the redemp tion of the bonds indicate, a separate management, and that they were not lo be merged in the general funds of thc Stale. Except tho direction that the bonds were to be issued to thc laud cominis- j sinner, there is no direction as to their i sale, nor any limit in tho uct of the time within which they could be Hold. Thc bonds issued under thia act bear j upon their face thc words, "Issued under an act approved March 27, 1809." The next act in relation to the Laud Commission was passed 1st March, A. D. 1870, for an isauc ol' $000,000. These bouda were issued without limit us re garda time, but the power of negotiating them waa withheld from the land com missioner. The bouda were to be negotiated by the advisory bourd in such form and manner as the board should determine. Thc bonds issued under this uct bear upon their face the words "Luau under act approved March 1st, 1870." On the 2(iib of March, 1809, the day before the passage of thc first Land Com mission act-, the Legislature, by act, au thorized the S??iicial agent "to pledge the bonds of the State, which the Stale now lias or may hereafter have in its possession, aa collateral security for State loans," with the proviso, "That in all the transactions he shall conform to the pro vision ol 'An act entitled an act to au thorize a Joan to redeem the obligations kuown as the Hills Receivable of thc State of South Carolina,'" ratified the 2tith day of August, A. D. 1808. There was, by the section of this act, nn amendment of the acts of August, 18(58, extending the time for loans lo two years. j Waiving tho question whether, under the first act, uny one could negotiate tho bonds but thu ?and commissioner, und I consequently whether their hypotheca tion by the financial agent waa not illo j gal, il seems plain that the pledging of the bonds issued under both acts ia ob jectionable. The bonds were impressed with all the restrictions attaching to other bonds pledged by the financial agent. Ni ither the loans nor the hypotheca tion were made within two years-tho time limited. For the reasons stated above, in regard to the hypothecation of other bonds, thu conclusion is that the land bonds hy pothecated were not issued in accordance with law, nor authorized to be consoli dated under the act of Assembly A. D. 1873. Thc defetiuant objects that the coupons detached from bonds between thc lOlh June, 1874, and 24th June, 1874, amount ing to $331,01)6, have not been issued in accordance with law, nor authorized tc be consolidated. * Tho testimony of Henry L. Tappan, (parol testimony, p. 73) shows how cou pons accumulated in the treasury unlil November, 1872. Ile saya they were pul away in tho vaults of the treasury, and when ho left the office, 1st November, 1872, they had not been disturbed. James O. Ladd, in bis testimony (par test., p. 72) says that while he was in thc treasury "there were matured coupon; clipped off from bouda sent to Kimplon These coupons were put in packages anc put away in Ihe fireproof vault inside o the Bafe in the treasury. They were co cancelled at tho time. They were pm away, and so remained uucancellcd ut to the time he left the office." According to John L. Neagle's state ment (par. test., p. 82) he received in tin early pari of A. D. 1873, from Niles G Parker, about $100,000 of coupons foi his action in and as his share for the funding of the coupons. Ilia doubt: were quieted by assurance of Purker tba thc thing was all right. He turned over to Y. J. P. Owen? fo funding a large part of thc coupons, be tween $80,000 and $90,000. Ho ngaii was disturbed about the character of tin transaction, and having "ascertained tba tliey (the coupons) were wrongfully ii bia hands destroyed them, viz: thc ba! unce, about $12,000, within the las twelve months." In the settk-ment with the financia agent, t,Journul House Representative! 1872-1873, p. 307,) it is stated the agen had returned to the Sim*? all coupons nr paid, excepting on outstanding bond owned by tnird parties or held as collai eral ns hereinafter mentioned. The coupons of bonds owned by thir parties would be the property of th owners of the bonds, and out of Kimj ton's reach, unless upon payment. Til proof is, the bonds and coupons pledge were never paid by Kimpton. Tl above facts corroborate thc testimony < Parker, (par. test., p. 19) where ho stub at length Ihe scheme between Scot Chamberlain, Neagle, Kimpton and hin self to fund thc coupons through Owci or others. Aside from the tcstimon nothing can be more significant of tl transaction than the conduct of the pa tica engaged in it. There is no pr?tent that the State owed them who were tlu its prevent or late otlicers ; or that tin obtained the coupons in any busine transaction. Why fund through a other? They ore dealing with tens t'.oiisnnds in n manner HO tree, rm to HU gest the idea of "come easy, go easy Does it accord with human conduct tb Kimpton, w ho aller his settlement wi the S'.ul<\ cluimcd a balance of thousan aa due him, would havo shared wi others, without equivalent, valid ?ccu ties, that would have paid or secur him? Credat Jwlaeiu. The conclusion is that the said coupe were not issued in accordance with la nnd authorized to bo consolidated by t act of 1873. No doubt the Legislature intended, n reference to a legal body,that tboqu lions submitted shouhl bc considered their legal aspect. The question for t Court in not what the State should what steps policy suggests or good fa demand*. In thc view taken these qi: lions were not before tho Court. 'J simple question was, Wero tho vouch -that 5H "the cancelled bonds, coup ! and certificates of stock"-"issued in cordnncc with law and authorized to i consolidated by tho net of the Gem Assembly, approved December ? 1873?" TO this question tho abovo e -?elusions are given as answer. Any assumption from tho foregoing views that thc consolidation bonds issued under the net of 1873 are valid or invalid, in other respects would be gratuitous , Thc propositions on behalf of the bond holder*, stated above, have not been con sidered with any purpose of their decis ion. The eifert of the act of 1873, the ucts of the State authorities, the vesting of rights under acts of Assembly, though afterwards opened for consideration, with other questions in the interest of the bondholders, thc constitutional point made in thc answers, want of registra tion and the like, on behalf of the defen dant, are all questions about which nu ophion is expressed. There is a claro of cases, not many in number, which have held the owners of municipal bonds which were subject to . exceptions entitled to certain payments. These were instances where equitable , principles prevailing and thc corpora-, lions having received some value for their securities negotiated, refunded to the purchasers their money. The ease ol'thc County ol Armstrong vs. Urinion, j .17 Penn. lt. 870, and others therein re- : (erred to, are examples. A suggestion is scarcely ventured if a sell?emeut ol the bonded debt could bc lillis effected. Yet, if practicable, il should satisfy any one but ll speculating bondholder, and tit the same time mil be unjust to the State. It is ordered, adjudged ami decreed : That the "cancelled bonds,"coupons nnd certificates ?d' slock" culled "vouchers," in relation lo which conclusions have been announced above in this opinion, were not issued in accordance with law and authorized to be consolidated under the act of 1878. And that the consoli dated bonds and certificates of stock ex changed for said "vouchers" to the ex tent und so fur us thc said consolidated hoads and certificates of stock rest upon said "vouchers" for their validity, were not binding obligations of the .Stute of South Cu roi i na. Titos. THOMSON. I concur in the result, A. P. ALDRICH. December 19, 1878. Till-; Ol'INION Ol" JUDGE ALDRICH. Stute ol'South Carolina, City of Colum bia.-Court of Claims.-F. J. Pelzer and others vs. tho Slate of South Caro lina.-Opinion: Aldrich, Judge. My regular duties in the Circuit will prevent me, at this time, from presenting un extended opinion on the questions submitted to us, hy the joint resolution creating thc Court of Claims. I concur in the conclusions reached by Judge Thomson, ami although his reasoning is perfectly satisfactory to mo, so far ILS it f;oes, yet I am disposed to go further and told thai this whole legislation was so gross a fraud, on a helpless people, that it will be the greatest injustice to loree the innocent taxpayer to pay tho debts thus contracted by an usurping govern ment, wi! Inuit the warrant of constitu tional authority, against which the tax payers loudly and earnestly protested, and which so astounded the good faith wi' the commercial world that none bul the most reckless speculators would engage in the disreputable transaction lo utterly ruin a plundered State prostrate in thc hands of her invaders. The opinion of Judge Hudson shows greaL research, and is prepared with care and ability, supposing these usurpers had the legal and constitutional right to im pose these oppressive burdens, but as that lies al the verv foundation ol thu ques tion submitted, I cannot acquiesce in it. Reserving the right to file a more ex tended opinion, I concur with Judge Thomson. A. P. ALDRICH. Illili December, 1878. A GOOD EXAMPLE.-Wo heard one of our must successful farmers say, a few days since, that he was laying oil his lund in eighty-acre lots and building thereon framed, instead of log houses-that he could build the former equally cheap ns he could the latter. This funner will, in a year or two, have around him a choice set of tenants. Another fact stated by this gentleman, which impressed us fa vorably, was that though tho houses he was building now were small-not lurger than an ordinary "log-body"-yet it would form one purl of a plan to bc added to hereafter, its circumstances might juati fy. In our opinion much labor is lost in consequence of small beginnings not ho ing on some plan capable of being ad deil to according to Rystem. Too many, in building, have an eye exclusively to the passing present, or else expect what they do to stand unchanged through all time. True wisdom dictates acting ac cording to our means at tiie present, but so as to make our work, when done, ca pable cf being made part of an harmoni ous whole, to be built up by additions hereafter. EDWIN BOOTU ON THE DUAMA.-Mr. Edwin Bootli sent a letter, in reply lo a request from the editor of the Christian Union for an article upon the drama, in which he says : "Having no literary ability whatever, I must uc-cline your flattering invitation ; nor do 1 know how to aid the worthy cause you. udvocate ; could I do so, bo assured it should bo freely done. My knowledge of the mod ern drama is RO verv meagre that I never _: " _ ...ir.. " - .1 ^ .. i-._*- .. :.. perm?t uijf ?nu ui uu-.-oici io -minetta a play withoul previously usccrtniuing its character. Thia is the method I pur sue; I can suggest no other unless it might be by means of a 'dramatic cen sor,' whose taste or judgment might, however, be frequently at fault. If thc management of theatres could be denied to speculators and placed in the hands of actors who value their reputation ' and respect their culling, the utage would at least afford healthy recreation, If not, in deed, ti wholesome stimulus to tho ex ercise of noble sentiments. But while the theatre is permitted to bc a mere shop of gain-open to every huckster of im moral gimcracks-there is no other way to discriminate between the pure and base than thro 'gb the experience of oth ers." Beware of Socialists. Beware of any man who seeks to convince you by nrpuir.eul?, however assumingly ornad and philanthropic, IriRt the world can reach a higher social and moral plane through anarchy and by saturating thc flags of the nations in their rulers' blood. Beware, too, of the man who attempts to convince you that there ure better reme dies for chronic diseases of the stomach und liver than Dr. Pierce's Golden Med ical Discovery r.nd Pleasant Purgative Pellets. They biwo stood the test of many years' f:ial by tho public, and their sales aro annually increasing. - The Pittsburg Dispatch has ncen stud vim/ the gold yield of the world, ir d find "it $100,000,000 n' year now. as cci pared with $180,000,000 in lSVili, the largest year's production. The yearly loss of gold by uttrition, its uso In works of art, loss, etc., is very nearly tho same as tho pr. etd annual production. The moral thc Dispatch deduces from these facta is that gold alone caunot servo as the currency ot thc world. - Literal-Mercer-"Stockings, miss! Yes mis*. What number, miss, do vou -" Matter-of-fact young lady -"Why, two, of course I Do you think I've got a T wooden leg?,,. HAMPTON'S CONVALESCENCE. III? riij'?lclniin Itelleveil from Anxiety. COLUMBIA, December 20. Authoritative reports of the Governor's condition to day vOufirm ami extend the information which has been published at interval* for tho last week as tu bis con? ti n tied improvement, and fully warrant the confident hope now generally entertained hy those in attendance upon him that he will soon bu able to leuvc bis bed. Il would perhaps be saying too much to state that ho is regarded entirely out of danger, since ibero arc doubtless certain contingencies incident to the nature of of Iiis wound and of his general condition which cannot safely bc omitted for con sideration ; but it is gratifying to bo as assured, upon high authority, that such contingencies aro very remote indeed, and il is nut too much to say that the physicians in charge of the case are not jusi now troubling themselves over mere possibilities ol' evil. Thanks to the consideration of a gen tleman in Charleston, C. Rutledge Holmes, tho Governor was enabled this morning, for tho li rsi time since his ac cident, tu lind sumo relief from tho pro tracted weariness of his sick bed by a transfer to thu ingenious and comfortable couch presented to kim by the friend in question. Ho was removed from ?hobed lo thc couch without pain, aud expressed himself UH greatly benefited aud pleased by thc change itnelf, as well as oy the change of bodily position it enables him to assume. Some of my readers will perhaps recall upon suggestion u characteristic anecdote concerning thc Governor which was pub lished in thc New? ami Courier soon after his first inauguration, and wherein was narrated the circumstance.-; under which he wrote his first message, how bo dropp ed his pen, put aside the tiresomo pnge, and divesting himself of the cares of the State, went off into tho woods in search of un errant turkey gobbler which he brought home Uko another prodigal and probably killed in its own honor. Io further illustration of this, the domestic side of his character, it should bc related herc that ever during bis present scriuus illness ho has found no small degree of diversion in having his pet chickens fed occasionally before his window, and as I am informed, has fed Iiis favorito horse from his own bund throng!, the vuna window which opens just at his bedside. This reference lo his liorse reminds mo again of another significant circumstance which bas not before been made public, but which certainly deserves to be con nected with any and evcrv account of tho deplorable accident which has so nearly deprived bim of bis life and the Slate of the needed services of her most illustrious son ut the most critical period of lier history. The account of the accident which was published in the News and Courier tho day after it.-, occurrence became known, was full and exact in every particular save one, and that omission i now desire to supply, ns it answers the question which I have frequently heard asked, "Why Governor Hampton of all men should ever have consented to ride a mule on a deer hunt?" A sufficient reply might be made lo tho effect that tho Governor can ride any thing any other man can, and therefore felt no hesitation in mounting cv.i a young unbroken mule; but the true und Pelter reason is that he chose to usu tho animal in question rather than continue tho hunt upon thc horse which he had taken with him, which had already done him good service the day before, and which he wished to spare for tho reason that it was not his own, but had been placed at bis disposal by a friend. The Governor is a hard rider, where his own is concerned, but he is not one ol that very large class of man kind, who, according to the proverb, are willing to ride a "borrowed horse to death." Ho left tho horse behind, there fore, upon principle, and look upon him self thu risk of riding instead a brute which few other men would caro to bestride. In this general connection 1 may as well mention auolher fact in point, which will be appreciated by any man who knows tho Governor or who has ever fol lowed tho hounds, to wit: ?hat thc only real concern the Governor evinced at the time of tho accident, though buffering keenly tho while, was, in view of the possibility that some blundering reporter or editor might publish to thc world that he had been thrown from his saddle. 1 have seen it stated, somewhere, that bc was thrown aud theu kicked anti that il was the kick which inflicted the in juries bo received. Tho readers of the New? and Courier, '. owever, know better, and need not now bo retold the details they read nearly two months ago. Thc Governor's accomplishments as a horseman and a hunter are too well known to need repetition here, and his fondness for field sports besides being almost inci dent to tho possession of tuc ability to enjoy them, is equally well known to all who know anything of his hubits and tastes. Some ofilia friends nre now toll ing with grout glee how on the Saturday night previous to tho day fixed for the amputation of his leg, his "ruling pas sion" asserted itself in tho face of tho dangers which surrounded him ana in spite of tlie nain which he waa even then suffering from his still recent injury. It had been raining hard and continuously during Friday uight and all day Satur day, and the depressing influences of the weather conspired to deepen tba ?loom his family and friends felt in common with all bia people in view of his situa tion then, perhaps, at ita most critical point. Tho Governor, however, was thinking of other things it appeared, as ho turned loone ofilia friends, who happen ed to be present on the occasion referred to, and remarked that, "as it lind beeu raining BO heavily nil day, the detr would be driven out of the swamps and the morrow would ""0 a fatuous day for hunting." I am warned just herc that in collect ing and publishing there little incidents of I."' illness, I may, however, uninten tionally, convey the impression that tho distinguished sufferer who is the subject of them all has been cither unaware or inconsiderate of bia truly dangerous con dition. I need scarcely add that such an impression would be wholly erroneous. Winn ha? been narrated above has been told in the belief that it will interest all who are interested in bim, because noth ing that concerns him is wanting in in terest at thia time, if ever. So far from regarding bis injuries or ?Huesa asa 1-Vjhl matter, it is perhaps true that the Gover nor anticipated the worst consequence! from a very early point in the wws. Ii ia said, indeed, that at one time ba ex pressed himself as not only prepared foi a fatal termint'.fon of bm caee, but a willing for it, and it is added that no until ho was induced by the appareil concern of bis family and by an affec tlonate regard for them, to oppose semi degree of mental resistance to his disease that Ibero was any sincere hope enter tai ned for his fluni recovery. At air rate, he has steadily and rapidly i m prov ed since the day when he first expresse? the belief that he bad "turned thc cot ncr" and would get well,-Aw* an (hurler. LEGAL ADrg?Tm/tO.-Vr* sreeowpt?lrd to require cub payment? for adrertlslD?; ordered by. Executors, Adiul'ilitrutor? sod otbcr fiduciaries ?nd herewith append the rates for the ordinary ilOtlce*, ^r?lt*K ?r(U nnltf tja |n??it?H -.H.*. tb? money cornea with tba order: Citation!, two Insertion?, .... f&tt Kattie Notice?, three insertions,' V > 8.0? Fluid Settlements, Ore Insertion? - . TO COBttH.iPONDIiNT3.-ta order to receive attention, communications must be accompanied by tho true name and addreai of the ?riler. Be* jeeted menu?rr'yts will not Le returned, unices la? necessary stamps are furbished to repay tho postage thereon. 49- We are not responsible for the view? aad opinions of our correspondents. All communications should be addressed to "Ed itor? Intelligencer,' and nil chocks draft*, uioney orders, dc, should be tuado payable to thc order of E. D. MURKAY A 00.", Anderson,8. C. THE NORTH CAROLINA TWINS. rji?o, or They Return from Abroad. " The Two-headed Nightingale and party" was what thc remisier of an up town iiotcl showed last night. It wasn't a bird or any other species of biped. So fur from having two legs it had four. The hotel clerk was in a constant grin. Not every day a colored woman with two heads, four arms, four legs, four eye.?, four -ITS, two noses, two mouths a.nd two tor; ues registered nt that hotel, and the clerk was bound to make tho most ol it. The "and party" consisted of two Italian dwarfs, bol h in top boots and moustaches und goalees and neither larger than a good-sized doll. Thc woman with the liberal supply of limbs was Millie Chris tine, whoso exhibition in this city, at the Assembly Building eight years ugo, created a stir among tho physicians who had her before them for several days, at Jefferson Medical College, and after wards delivered lectures on her. For the past eight years she has been on a tour ol exhibition in Europe, under the man agement of Mr. Smith, who returned to this country with her four weeks ago, and has since exhibited her and the dwarfs in Boston and other New England cities. The Nightingale is twenty-seven years old. She wau born in Columbus county, North Carolina, of slave parents. There were fifteen children in family, thc oth ers all being perfectly formed, as are the ?mretits. The woman has been on exhi mimi since she was two years old. She has had an eventful experience. Twice BIIO has been stolen, onco from New Or leans where she was on exhibition. Ina few months Bhe turned up in a New York orphan asylum. Her owner (this was in slave times) got her back again. A few months later she was stolen for tho sec ond timo and turned up in England, where tho enterprising thief was exhib iting her. Again her owner got her back. She wus exhibited all over the United States afterward, and then taken to the old country. In London the news paper men give her the name of Nightin gale on account of her vocal powers. She sings well, dances well,and speaks three or four different languages, among them French. The two heads sit on her shoulders at angles to ca.h other, so that the net which keeps up the bair of tho one touches tho net which keeps up the hair of the other, and if tho owner wills it the two heads may bump against each other, like play ing-bones in the bandsofan expert. The singular part is her conversation. Ono tongue begins to talk, tho eyes brighten, the face becomes animated. At this point tho observer catches sight of the other face looking over the other shoul der with a sort of grin on it, and the oth er eyes with a leer in them. A man bo excused, if his attention strays at this Emint.and thc utterances of the first tongue ??corne lust on him in contemplating tho other physiognomical apparition. Presently the second touguo begins to talk too, and there is a sort of ruco be tween them. One face is rather mascu line and tho other feminine,and the ?.oir.es vary similarly. In tnlking the tongues "chip in" and cross each other. From tho above comprehensive state ment it will be evident to tho reader that she can accomplish just twice as much tnlking as women in general, nnd, moro than that, she is talking on two different phases of the subject at the same time. "Get up and walk, Nightingale," said the manager. The one face grinned, while th3 other looked Huletnn. She took*herself up oil' the sofa and walked across tho mom erect on her four legs and came back on her two legs.-Philadelphia Time?. - A Vienna paper tells a good story of a Russian Corporul who had so distin guished himself in the recent Turkish wnr that before its closo ho had received two crosses of St. George, aud was about to receive a third. When his General was on tho point of conferring the third cross ti,.on him,bo first asked tho Corpo ral whether ho would rather have tho cross or a reward of one hundred rubles. The Corporal paused thoughtfully for a moment, aud then inquired as to thc monetary value of the cross. "Four ru bles," replied tho General. "Then," said the ingenious Corporal, "I should prefer that your Excellency would give me the cross and ninety-six rubles." - Tho Hard-headed Breed.-Sympa thizing bystanders (about a man who has been knocked down and stunned by a rnilway train) : "Poor man 1 Take him to station-. Injured one (recovering) : "Tyck mo to thr station? What for thee? If au've dune ony harm to yo'r engine, aw's willin' to pay for't 1" - The Sunday Closing Bill-(Ire land).-Master: "But you know,Dennis, you can get in your whisky for Sunday on the previous evening." Garder: "Shure, yer honor, wid a pint of it in tho house saled up, I'd never get a wink o'sleep I"-[PuncA. - ? member of a fashionable up-town congregation called at a music store and inquired : "Have you the notes of a piece called the'Song of Solomou?'" adding, "Our pastor referred to it yesterday morn . ing, as nn exquisite gem, nnd my wife would like to learn to play it.', - "Jane," ?aid her fatlier, "I thougbtyou hated stingy neoplo; aud yet your young innn-""Why, pa, who said he is f>tin fy?" "Oh, nobody," replied pa; "only could see ho was a little 'close' as I passed through the room." - "My dear Julia," said one pretty cirl to another, "can yon make up your mind to marry that odious Mt-. 8"nuff ?" "Why, my dear Mary," replied Julio, ' I believe I could take him at a pinch'" "Angel of Night" is what Dr. Bull's Cough Syrup has been termed by parents, whose worrying and coughing children have been soothed, cured, and have se cured sweet slumber by tining this excel eut remedy. Price only 25 cents a bottle. - A tramp going into a farmyard wns seized from behind by two bull dogs. . They were both claimants for a contested seat. - They say silence gives consent, but it always seemed to us that "no" auswor usually meant just what it said. - "Set solid," as the printer said when the chair he ?at down wasn't there, and he landed on the floor. - Tal mage says smoking leads to drinking. So does a salt codfish. - A Georgia negro has a foot twenty three inches fong. Heel do. SCRIPTORAL AirrnoRrrY.-"In the carly ages of the world perfumes wera constantly used, and they nave the high sanction of Scriptural authority." Tho Eatrons of perfumes at all times have een the most polished people in the world, and in this ago no refined lady or gentleman considers their toilet completo without ihn use of some delightful scent like Dr. Price's Unique Perfumes, which are really the gems of all odors. THE REMEDY.-To escape the worth less abominations^ offered under the title of baking powders, reals wuoiiy wita tho consumers ; they are tho ones that have to suffer. Dr. Price's Cream bak ing powder is decided by chemists to bo t'ie most perfect and wbolesomo powder mad?.