The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1873-07-10

PHGNIx1ANA.-The most bashful OF
girls was the young lady who blushed
when asked is shs had;hotHsen csutting
sleep. : q Z i
i Men blame 5themse!ves only for the
purpose Of being praised. ( il
A Arst-rate felisr-An American back
woodsman.
The proper person to impress the She'
"A handsome lady, with kiss.
The Ship Of State will be moored OF
Long Branch most of the season.
Zeal without knowledge is Are without
light.
The people who spend most money at
watering places are the old. men with
young wives.
A LITERAL FIRE KING We yesterday
witnessed performance in the way Of
eating red-hot Goals, which is simply
wonderful. A oolored blacksmith, call
ling himself jack Dolphin-a genuine
African-who formerly belonged to Cap
tain Sigh, deliberately took sed. hot
Goals, bit, chewed and swallowed them,
just ns one would candy. He accompa-
nies his performance with contcrtions Of
the body and shuffling feet. Captain
Sigh informs us that he has been in the
habit OF disposing of Goals in this man
ner for years. Some enterprising show
man should take charge of him.
CLOSE OF THE ARGUMENTS IN THE CASE
OF THE WATER Power COMPANY AGAINST
CRY COUNCIL In the court, yesterday,
Mr.. Youmans resumed and finished his
argument for the City Council of Colum-
bia. in response TO the complaints OF the
Columbia Water Power Company. He
closely analyzed the contract, and showed
that it was one-sided affair throughout,
and was meant only to protect the com.
pany.
General Butler followed on the came
side, limiting his argument mainly to the
facts of the case. He admitted that cor
tain conditions in the contract had been
complied with, but that O most lamenta-
bic failure to do so existed as to others
the most important. He contended that
according to the witnesses on the side of
the complainants. the construction of
the Water Works was exceedingly weak
and defective, and by the admission OF
Colonel Pearce himself, he was bound to
furnish the city 100000 gallons OF
water daily. This lie manifestly could
not do. General Butler concluded bis
effective speech by reference to the fail
ure OF the company to meet the expeota-
tions which they had hel out, Of making
important improvements which would
enure to the benefit of the city and com.
munity. There WAS no considerable de
velopment OF water power, no $1,000
spindles in operation, nothing but a
fragmentary, temporary affair Of water
works, not meant for permanent i'm.
provement.
Mr.. Pope concluded lis argument on
the part of the City Council. in speech
which occupied two hours, in which he
demonstrated that the court could no,
grant specific performance, and tha,
compensation must, therefore, be denied,
as II can only hinge on specific perform
ance. He elaborated the point of want
ot nutuality, showing that it existed no.
where in the contract. He dwelt, also,
upon the irresponsibility of the Water
Power Company. and the invalidity oi
the assignment under which the right to
make this demand was claimed. He also
stated that the City Council, at the very
first intimation that they would be held
responsible for the contract by the Water
Power Company, put upon record by
their corporate notion. that thoy repu.
dated it IN toto. Their skirts were clear.
Mr.. C. d. Melton, who was expected
to close upon the part of the plaintiffs,
gave notice TO the Judge that he would
submit his argument to him in writing.
Tho court then adjourned.
INJUNCTION GRANTED Judge Oarpen.
ter, yesterday, granted the following in
junction, by which it will be seen that
certain holders of State bonds in the
city OF Charleston and the taxpayers OF
the State are to be represented in a new
case against the bond-holders, Morton,
Bliss " Co. and others, and that thei,
attorneys arc to be associated with the
Attorney General in the conduct Of the
suit: