Weekly Columbus enquirer. (Columbus, Ga.) 1861-1873, April 30, 1872, Image 1

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Newspaper Page TextA ITHICT OOIiTBDOrim Of Till OllIITITVriUX-tl HOlIttT A HO BOOHOMICAL A IT.VIXI.4 THAT ION OF TUB OOVBRNMENT. Ragland & Wynne, Proprietors. COLUMBUS, GA., TUESDAY, APRIL 30, 1872. Volume XLIV.--N0. 18. The Weekly Enquirer. JOHN H. MA.KTIN Editor. OOLUKBTJ8, THURSDAY APRIL 25, 1872. Our Mull Facilltim Threstrsetl. The Lumpkin Telegraph publishes a lotler from Hon. K. H. Whiteley, Repre sentative of the 2d Congressional Dis trict, in which ho advises the people of Lmupkiu that they uiay aocnre a daily wail between that place and Cuthbert, by procuring tho discontinuance of the lines from Columbus to Florence, and frotu l'reston to Lpuipkiu. He asks that peti tions for these changes be sent to biiu, so that ho oau engineer them through the Department. Now we cannot object to the people of Lumpkin making such efforts as they way think proper to improve their own inail facilities. Rut in this case the prop osition is to discontinue one route which docs not touch Lumpkin—a route which has Columbus at one eud and Florence at tho other. This is a matter in which the peoplo of Colmnbns are also interested, und we direct their attention to it. The route, to-be-sure, is not one of great im portance : neither is the ouo from Lump- kiu to Columbus as at present served.— Rut the discontinuance of these routes would aid in estiaugiug from Columbus the trade of portions of Stewart county that has been coming here, because it Would interfere with the direct communi cation between tho two sections, lu our judgment it is not the province of the Post office Department, or of members of Congress, to interfere in this way with the business or social relations existing between sections of tho country. If tho tnail service between this city and Lump kin, and between this city and Florence, is inadequate or not faithfully performed, the proper remedy is a reform, not its discontinuance. That, at least, is our View of the difficulty, and so viewing it, wo are not disposed to nppluud the dis continuance of mail routes from Colum bus even to build up other routes not touching this city. The I'owfri of a lirn|iot. There is no paper in tho country more correct and sensible in its judgment, or more pointed und forcible in its presenta tion of public questions, than the New York Journal of Commerce. It discords everything like sensation or display, aud aims directly and forcibly at the object before it. It nayh of the bill uow before tho Senate of the United Stutes, extend ing the time within which the President may suspend the writ of habeas Corj/us : “Tho Senato will to-day entertain a prop osition to empower a candidate for tho Presidency to seize all his chief opponents —all who in any part of tho country would make speeches against him, and even all who would vote against him — and put them and keep them, till uftor election, where they will be utterly pow erless to rniso a voice or give a vote.” This is literal truth—every word of it. Tho enforcement act confers theso des potic powers upon the Prehideut through his legul and military agencies, and the suspension of tho writ of habeas corpus loaves to the citizen no relief or remedy whatever. Not only are theso powers conferred, but they have been exercised, within the last twelve months, in several of the Southern States. Men have been arrested and imprisoned, in those States, on tho flimsiest trumped-up charges, on tho allegation of offences generally con sidered trivial when committed, und in their casts only pteferred for malicious or party purposes. Who doubts tliut tho agoucicN now at work in South Carolina will bo active all over the South prior to the Presidential election, should Congress continue the suspension, eo as to intimi date the voters of the party opposed to tho Provident, to keep them from the polls under tho fear that they will be ar rested on some false accusation if thoy appear there, and thus to carry States for Grant that otherwise would give heavy majorities against him ? The Montgomery Advertiser of Sunday publishes n special dispatch which we copy below, though wo do not fully un derstand tho points at issue in the eases referred to. Tho Alabama A- Chattanooga Railroad controversy bus ussumed so many phases that we have not kept tho run of them. The Adrertiscr regards this decision ns a triumph for the Stato: [S|»-»ui t.i tlio Monttf.iuiery AUvortiNsr.] Mobile, April 20.— Judge Wood decides that Bankrupt proceedings’ are now regu lar. Drake's motion for a Receiver and injunction deuied. Stephens’ petitions dismissed. The whole is a Waterloo de left t for Stanton. The N**w York Herald, which on Tues day of last week declared that if Secretary Pish should advise the withdrawal of the claims for indirect damages, it would “compel him to retire from the Cabinet, and add to lien. Grant's cun vase a burden that ho cau sorely afford to carry”—on the following Thursday coolly remarked : “It seems that the Cinciuuuti movement con templates opposition to those indirect claims on the ground that the real seuti- meat of tho community is against enforc ing them. It would be a shrewd move of the Administration did it foresee the ten dency of public opinion and get tho inside track of the soreheads after all.” It will be seen that, let the Herald veer m it may, it is at least consistent to this extent: It regards the popularity of Gen. Grant's Administration a» the paramount consideration to be kept in view, and the little international difficulty involved as a matter secondary to tho trinmph of a party. The people of the country are be ginning to nudEfstund the “little game,” aud appearances indicate that Gen. Graut will find the burden too great for him to carry. Ex-President Johnson has been called upon to become a candidate for Congress in bis District in Tennessee, but has de clined to run, saying that his ambition is fall. He intimated, however, that be felt himself slighted by his defeat for the Sen ate, and wonld be gratified if the people should Amove the slight. Some of the Democratic papers of Tennessee are innoh chagrined by his refusal to accept a nomination for Representative te Com* A Jest Rttmkr. If we correctly understand the decision of tho Supreme Court of the United States, on Monday, in tho case of White vs. Hart et al, from Georgia, it adminis ters* a deserved rebuke to the subservi ency and partisan spirit of our State Court when under Radical control. The report (a telegraphic one, published yes terday) is not altogether dear; but wo understand from it that the Fedoral Court reverses the decision aud overrules the four recited poiuts upon which it was based, viz: that Georgia, in 18(J8, was uot a State of the Union, but a conquered territory at the mercy of the conqueror; that the clause in our new constitution, prohibit.tig the collection of notes given for tho purchase of slaves, does not nffeot tho coutruct, but ouly the means of en forcing it; that Congress could and did (.perhaps it did) make a constitution for a State ; und that Congress cau pass a law impairing the obligation of coutracta. These rulings of tho Supreme Court of Georgia (.made by Chief Justice llrown and Justice McCay, not agreed to by Justice Warner) were, iu view of the po litical situation at that time, atr ignoble surrender of principle end right to the behests of party. Wo do not yet know the scope of the decision of the Supreme Court of the United States—whether it goes to the extent of affirming the valid ity of notes given for tho purchase or hire of slaves, notwithstanding the Stuto con stitutional provisions and statutes prohib- itiug their colluutiou. Perhaps that is practically immaterial, because of tho operation of statutes of limitation. Dut when a Court as decidedly Radios 1 as tho Supreme Court of tho United Htasos, as now constituted, thus rebukes a State Court for its subserviency in disowniug the rights of its own State aud magnify ing the powers of tho Federal Govern ment, a rebuke from such a surce ought to make the Statu jurists keenly couscioua of the pusillanimity aud littleness of their judicial action. P. S.—Since the above was written wo have received a continued report of the decision of tho Court, given in Monday's midnight dispatches, which wo copy,Vs follows: Tho Constitut ion and laws of the United States, made in pursuance thereof being iu all cases where they apply the supremo law of the laud, tho doctrine of accession is the doctrine of treason, and practical secession is practical treason, seeking to givo itself n triumph by revolutionary routines. Tho late 10 belli on was without any element of right or sanction of law, aud the duration und magnitude of the war did not change its character. Tho States iu rehelhou were uever out of the Union, and never absolved from the du- ties, liabilities aud restrictions always in cumbent upon them. Upon tho second point, it is said that though the invalidating of a contract may uot bo said to exist, the ideaa of validity aud remedy are inseparable, and are both part* of tho obligations which arises, guaranteed by tho Constitution against invasion, hence that denial of the remedy by tho Stulo was hot valid because it an nihilated the coutruct. Tho third of tho propositions to said to be clearly unsound. Congress authorized the State to form a new Constitution and she elected to proceed within the soopo of the authority conferred. The result sub mitted to Congress us a voluntary and val id offering, and was received and recog nizes iu the subsequent action by that body. The State is estopped to assail it upon such au assumption. Upon the sume grounds slio might deny the validity of her ratification of the constitutional amend merits. The action of Congress The < early ono in which the judi cial is bound to follow the action of tho political department of and is concluded by it. It is added that if Congress had express ly diotated and expressly approved the provision iu question, such dictation and approval would have been without effect. Congress has no power to supersede tho the Constitution of the Uuited States. Mr. Justice Swnyne delivered tho opin ion, as also in the case from Arkansas, Osborn vs. Nicholson, et al. In that case there wok a warranty that the slave was sound and that he was n slivo for life. The Court say that Ruch a warranty does not extend to the exercise of the sover eign power of the State by which the slave was emancipated, and that the 13tb amendment of the Constitution docs not affect the question; the contract being valid when made, was enforciblo in aJl Courts, and that HiibReqncnt legislation either by statute or const it ntionsl provi sion, could not render it valid. The Chief Justice disxentod, and stated that ho would givodito grounds in an opinion to be filed hereafter. Vie direct attention to the roport of the State School Commissioner, which we copy in this paper. It gives full informa tion in reference to the resources and prospects of the important State interest of which ho is the chief administrator. While wo regret that these are not as promising as could be desired, we are cheered by the assurance that the honest men uow administering the State Govern ment will mako an earnest effort to do ull that cau at present be done fur the great cause of general education. The trne mission of the Democratic party is not to defeat Grant, but to restore the Constitution and preserve the princi ples of Republican government. \Savannah News. Do our friends of the Hexes think that there is any hope of doing this without defeating Grant—UtAumbus Enquirer. I)o our friends of the Enauirer thick there in any hope of doing it by abandon ing Don oorutic principles und electing Trumbull, Sumner, Greeley, Chase,or any other Radical, on a platform which de- el arm that “wo believe that the interest of Republican principles is of paramount importance to the country?’* We think the country has suffored more and is iu greater danger from the “tiiumph of Re publican principles” thon from Grunt.— With tho defeat of the former w-e huve nothing to ftar from the Utter. \Sarautiah Heirs. Vie hope that the Democrats and Con servatives of tho conutry will not have presented to them tho alternative of ac cepting the men mentioned, with a plat form declaration as quoted. Rut web - Hove (hut even such men and such a decla ration would be preferable to the re-elec tion of Grunt with liis principles and aims as disclosed by his ucte. We believe that President Grant, with hie surround ings and promptings, is the “head centra" of vindictiveness towards ilia South, of national corruption in politics, and of de fiant disregard of the constitution and the principles of the Government. In our judgment, the defeat of Grant ought to be the “paarmount” political object of every Southern man aud of all conserve- tive men everywhere. But we hop# that it can be effected without eo far ignoring or abating Dsmoeratio principles as the A’«M hwiH, w* will b. oailad iun K de, ftenator Srh«ri*» Spcrrh. The recent speech of Senator S« hurz at the monster meeting of liberal Republi cans iu New York has already exerted a E owerful influence among the mass of ouest thinkois iu the party, and his se vere and telling arraignment of the Grant administration has caused a feeling of general uneasiness among the White lionsc adherents. In the following ex tract all unprejudiced readers will recog nize a manly protest against the abuses of the present administration : Just beeuuso l always was in earnest, and nui iu earnest now ; just because I am sincerely devoted to tho cause I fought for, 1 now stand here to raise uiy protest against the pirvision which the victories of tint canso have suffered ; my protest ng limit tbo put tnan bigotry which subor dinates tho public welfare to personal and party interests; my protest against tho slavish submission to purty dictation and discipline, which, for party ends, strives to stifle the voice of truth, and to white wash abuses and wrongs, instead of hon- OKtlv expoaing and coricoting them; my protebt nguiust the infatuated WMiitonnesa of power recklessly overriding the laws of the laud for selfish ends ; my protost against the growth of personal govern ment in this republic, which threatens to convert the noble pride of the Republican citizen into the submissive spirit of the subject; my protest agaiuat the decep tions which are pruoticed upon a confid ing people to muko appear right what is wrong, pure what is corrupt, noble aud put riot ic w hat is mean and selfish. I raise tliut protest in the name of the groat cause you and 1, as Republicans, have so long fought for,* in the name of honest ami const it lit ioiuil government which is to protect ourselves aud our childrou in thoir rights and best interests; iu the nntuo of that public morality which must be cultivated as the life element of free institutions; iu the name of tho groat American Republic which wo want to be the guiding star of mankind in its struggles for liberty ami higher civiliza tion. I started out in political lifo with tho Reptihlicuu party; 1 never belonged to any otlur, und worked faithfully in its ranks with honest zeal at least, if uot with efficiency. 1 never desired to leave it us long ns it remained true to the bos-t principles it professed, and as long as its policy, its measures aud its conduct could bo defended in good faith. If I aui proud of auythiug, it is not of the position 1 have reached, and the honors 1 liuvo achieved, but it is of the consciousness that, whenever I endeavor to cxei-ctoo au inlluence upon public opinion, I have never said anything which 1 did not hon estly believe to be fine. And if I find myself now in cot.diet witli Ibe official loaders of tho Republican party, it is bo- cause I cannot abandon that controlling rule of my public life without betraying my duty to the American people. For this reason 1 bland here, lo appeal with you to an honest and enlightened public opinion. Abtoni b uki) Attoiinkys.—A fow days since the Southern Claims Commission examined the oase of Chiistopher Uer- burdt, of Richmond, Va., who claimed neatly $1 I,01H). The claimant, iu exor- getic terms, testified to his devotion to tho Union from firat to last, and dis claimed any sympathy toward the Confed erate Government. This was ull very well, and his attorneys felt suro of their case. Thoir astonishment then W'ns pro found when the other uido produced a sworn statement addressed by their cliont to tbo Confederate Secretary of War iu 1801, iu which lie applied for tho dis charge of his son from the Virginia Vol unteers on tho ground that ho could bo of more service to the Southern canso by aiding bis father to fill a contract for tho manufacture of swords*aud cartridge box es. This, as a matter of course, was un answerable, and the disgusted luwyers at once bundled up their papers and left Gerbardt to bis late.—Augusta Const. Adulteration of Cotton.—At tho last monthly meeting of tbo Manchester Chamber of Commerce ntteution was call ed to tbo adulteratiou of American cotton by au adinixturo of sand and it was resolv ed that, “the attention of this Chamber having been drawn to the adulteration of American cotton with Hand, which has lately booomo a serious grievance, tho Chamber solicits tbo co-operation of im porters and shippers of cotton in exposing und suppressing this system of fraud; and it was also agreed that copies of this resolution be sent to tlio Amoiinau Cham ber of Commerce at Liverpool, and to tho New York Chamber.—Hew York JiulUtin. “An Old Farmer” iu tbo last Rome Courier gives his experience of a lute spring, as follows: I recollect in May 181!), when tho corn crop was receiving its second plowing, and cotton all up aud being chopped out, there cumu a killing frost, und corn and cotton had to be replanted. Tho im pression was tliut tho we are all ruined, as it was too latte to plant over, but a half crop could bo saved. However all plant ed, tho future hcuhou proved favorable, and good crops were made. As such, we now any to tho farmers pay no attention to the season now upon us, but pao atten tion to putting in your crops well, that is the important matter to engage our atten tion, ami on that mostly the crop pros- pects depend. DrrUiou on I hr Relief Law. The cases of tho Macon and Augusta Railroad vs. Executor W. J. Eve and Ex ecutor Unrner Clanton, were decided iu Richmond Superior Court Thursday.— Those suits were brought by the company to recover unpaid subscriptions to its stock. Defendants plead tho Relief Law of 1870. aud Judge Gibsou sustained the plea. We aunex the conclusion of his de cision : “Holding, then, that it is the right of all government* to tax all it** peoplo aud erery species of property, and to provide modes for its collection us well ah forfeit- urea for its non-payment, and that no law abiding citizen can have just cause of complaint, if the consequences be tbo re sult of his own bad faith, I am disposed to permit the voice of the peoplo to con trol my action, as ono of their judges, when properly expressed. “Knowing, thou, of no speoiol law ex empting this plaintiff’ from the payment of hiH just dues to government, aud no good reasons why any special exemptions should be made in his favor—nor do I believe they reully dosire any—aud this being n claim due and owing prior to Juue, 1805; and no taxos paid to the State upon the same; nor affidavit filed in compliance of said law ; And, also, not within any of the exceptions made by said statute, iu accordance with the provisions of said law, said suits are hereby ordored dismissed." The ChroDiclo says a number of similar cases are pending in that county, and in all tho counties through which the road passes, and tho umount involved is lie- tween two and three hundred thousand dollars. The Palatka Herald gives the following account of a “wonderful sulphur spring which bss sprung iuto existence in the vicinity of Mellonvillo. It is said to cov er about an acre. When first noticed it appeared to be a small orifice emitting email quantities of water, strongly im pregnated with sulphur. As the volume of water increased, its margin gradually extended to its present size. Persons - - 1 pi visiting this singular phenomena say that thq spring is all of six feet higher ch is the S tole singula ng is ell of centre than at its margin; which is occa sioned by the great force of the boil of water coming up and gradually flowing off from the oentre with singular unf am*/." Department op Edpcatton, > Atlanta, Ga., April 17, 1872. > To the ScJtool Officers, Teachers and all Persons Interested in the Public Schools: Id entoring upon the duties of this of fice I found myself perplexed by the dif ferent views entertained by able minda as to what really constitutes the eohool fund of the State, and otnbarraaned by out standing debts against the depsrtment, coutructod in carrying forward the school operations of last year, aud by the uttor lack of anything like adequate resources to meet these obligations, or to furnish the needed State aid in prosecuting the work of publio instruction iu the fu ture. After giving the most earneat attention to these different subjects, I am fully per suaded that the most efficient service which I can render, in the present state of things, to the intoreat which I represent is to submit for tho consideration of all— Legislators and peoplo—an impartial dis- cueRion of the several topics above indi cated, in order to scouro wise action upon them in tho future. At a roceut meeting of the State Hoard of Education, the following action was taken upon the fund: “Resolved, That thero is due the edu cational fund as follows: “1. All the poll tax, the tax on show’s And exhibitions, and tho tax on spirituous and malt liquors that liaa been levied since the adoption of tho Oountitutiou of 1808. “2. All the interest due ou tho bonds issued under Act of December lltli, 1858. “8. All dividends tliut have accrued on one hundred nud eighty-six shams of tho capital stock of the Georgia Railroad aud Unliking Company n^ hitherto used lor educational purposes“said shares having been set apart as a permanent eduoatiou- nl fund by the Act approved Jan. 22, 1852. “Resolved, That this Hoard would also submit, as a question for tbe considera tion of the General Assembly, whether there may not also bo duo tbe eduoatiou- al fuud one half tbe inouthly payments made by ihe lessees of tho Western and Atlantic Railroad, estimating from the liUh of January, 1872, the date of tho act amendatory of tho publio school law of October lfitli, 1870.” It will tm observed that tho first resolu tion contains three distinct propositions. In reference to the first of these there is no difference of opinion. AU agroe that the taxes therein named constitute n le gitimate pai L of the school rovenue. All discussion us to tho right of thin depart 1111 nt to claim these taxes is silenced by tho Constitution, which “sots apart and devotes’’ them to tho support of common Rcbools. lu respect to tho cluini sot up in tho sccoiid proposition, there is u difference of opinion. Tho uct of 1858, referred to, gave ouo hundred thgiisaud dollars of tho annual net earnings of tho Westorn and Atlantic Railroad to tho State school fund, the corpus of which was to bo used for odiicatiouul purposes, and provided that the remainder of tho said annual uot earn ings should bo iisod as a sinking fuud, to take up tlio bonds then outstanding against the State. As theso bonds wore thus taken up, others of eqnnl amount wore to bn issued, drawn iu favor of tho Secretary of Stato as trustee of tho educa tional fund, and hearing interest at six per cent, per annum. Tho object of the legislators, according to the viow of some, was not to diminish tho thon existing indebtedness of M10 Slate, hut simply to trunsfor it from other partios to tho Secretary of fitate, as trus- teens of the educational fund. One hun dred and fifty bond-*, of one thousand dollars each, were issued November 1st, 185!), and two hundred of like amount Novombor 1st, 1800, Amounting in all to throe hundred aud fifty thousand dollars. These bonds arc now in tho bauds of tho Sscrotary of State. It is true that tho fund thus raised was intended for the benefit of tho whito children of tho State, but there can be no doubt that tho con vention that adopted tho present consti tion had the powor to change tho direc tion of it, aud thoro is just a little doubt that they have done so in setting apart and devoting “any educational fund now belonging to tho State” to tho support of common schools. 1 lrnvo consulted a number of the very best legnl minds of the State, and thoy all agree that tho effect of section 3, article 0 of the Constitution upon these psi ular bonds is, as wo have represented above, to fix them as a permanent school fund. Iu reference to the interost that may be lawfully claimed on them, thero is a wide difference of opinion. The unpaid interest coupons still attached to tho bonds amount, up to November 1st, 1871, to $2:11,000. According to the view en tertained by some good legal authorities, these bonds being in existence nt the time of the adoption of the Constitution ns a school fund, the words of tl at instru ment above quoted, devoting “educa tional fund now belonging to tho Stale'' to tho support of common io'.iooIh, took effect upon them, carrying all the inter- e>.t there dan upon them, as well as nil to fail due subsequently, to the support of a system of public instruction. Other legal minds, deservedly ranking very high as authority upon questions of this kind, take a very different view.— They sny the act of 1858, which is follow ed very closely by the chapter on educa tion iu the Code, simply gave the inter est ou theso bunds as annuity for the ed ucation of the children of thcState; thatthe machinery provided in the act und in tlio Code clearly contemplated the anuual ex penditure of the annuity for tho purpose for which it was given ; that from tho data when the first installment of the unpaid iulercst fell due downtothe ju'-sageof tbe school law of October 13tb, 1870, a state of war having intervened, the object for which the money was given was not car ried out ; and that, upon tie ph.iu legal principle, that when a gift is made to a pai titular person for a specified object,nod that object is not carried out, the gift re verts to the donor, no part of the interest can be lawfully claimed which fell due prior to tho date of tbe school law just named. Tnis view would give the school fund only about one years interest, or $21,000. As to the third proposition of the reso lution, it is ouly necessary to remark that tho act of 1852 gives the railroad shares themselves, that is the corpus, to the educational fuud, I have not met with any one who doubts that this department is entitled to nil that is claimed iu the action of the State Hoard above given. Tho second resolution demands a fuller discussion. The school law of October Kith, 1870, gavo “one-half the net earnings" of the Western »fc Atlantic Railroad to the edu cational fund. The law authorizing the lease of the road, passed eleveu days after ward*, provides that, in case thero are any ouletanding debts against tbe road at tbe time of the lease, these debts shall be paid out of any moneys iu tbe treasury not otherwise appropriated, “to bo re placed by the monthly payments made by the lesseoa.” This later act clearly boa tbo effoct of euapeoding the grant to the school fund contained in the school law till the debt# of the road are paid, and, if the amount of these debts should prove to be aa great as is believed, ell monetary supplies from that souroe will be cut off for some years to come, unless they are restored by tbe not amendatory of the original school law. The amendatory tot left section 48 of the original eohool law (Motion 83 of the amended law) standing unchanged down to the words “eohool fand," and added certain provisions to the section. In the pert of the section left unchsnged occurs ths grant of half the net earnings of the ,wM h> 0« (OmUwfe KKMOffc ibis section had the eff ect of re-enacting From tbe above estimate of that part of it left nnohonged, then this tlio Comptroller there must be re-enacting of that part of the section taken the following: will givo it a date Subsequent to that of Amount inverted umici the lesne act, und may or may not restore to the school fuud one-half the uet earn ings of the roud, according as ouo or the other of two views may obtain. This ro- eunclmcut may be considered as a virtual repeal of that part of the lease act which appropriates the whole of tho monthly payments to tho liquidation of tlio debts of the road, leaviug only 0110 half of these payments to go io that way, and re storing the other half to the achool fund. This view, it will be observed, would re quire tho wordn “monthly payments,” under the changed policy iu reference to the road, to he construed as net earnings. The othor view, which seems to bo the better and more rational one, is that the unchanged part of the section was simply permitted to stand as modijnd by the hose act. This viow tubes away lroiu tho school fund tho whole of tho revenue derived from tho road, till all tho debts of tho road are paid. It will bo seen from the action of the State Hoard above given, that this last view* is the one which will bo acted upon iiuLil a legislative intorpretutiou is given by the General Assembly. The wholo object of the foregoing dis cussion has beou to ovoke thought and investigation, that right views iu refer ence to the different sources of the Stato school fund may bo reached, and that our Legislators may be Induced, at an curly day, to put whutovor may be lawfully chimed in uu available form by proper legislation. I come now lo speak of the embarrass ments under which 1 am laboring, oil account of the debts already contracted, mul the luck of resources to pay those dobts, or to aid in the school work of this your. In doing so, I shall endeavor to point out the causes of tho embarrass ment aud locate the responsibility. Ac cording to the official report of the Uomp- (roller General, there had been collected und paid iuto the treasury, of the taxes sot apart iu tho Constitution as u school fund, up to October Ut, 1871, the sufll of $327,083.02). A luw was passed July 28th, 1870, with the delusive title of “Au act to set apart und seciiro tho school fund." This law made it the duty of the Comptroller Gen eral, from time lo time, as definite hums due to the school fund might be ascer tained, to report tho same to the Gov ernor, who was required thereupon to deposit with tho Treasurer seven percent, bonds of the State lo such an amount as would perfectly secure tlio school fund. These bonds were further required to he kept iu the treasury, and to he sold to meet appropriations for school purposes alone. The effect of this law was to throw tho school money in bulk with all other mo ney* iu tho troaeury to bo drawn upon and used. I find, by reforeuro to the Senato Jnurnnl, page 2(50, that the amount thus thrown in hulk to be used was #212,- 027.(12 for which botulH wore deposited with the treasurer to the amount of #208,- (><)(>. Tho tuxes from which ibis loud was dorived are by tho Constitution “set apart nud devoted to the support of com mon schools," and I must be permitted to say that any law which diverts them to ot her uses,upon any pretext whatever,is,in my judgment, a dear violation of that instrument. Hut, however much tho passage of tho law is #0 ho condemned, the manner of executing it is still more deserving of animadversion. The bonds pul in the treasury in piaco of the money abstracted were of that illegal issue which hud tho Treasurer's signature lithographed. I am told by the Treasurer that the then act ing Governor had been trying in vain to sell thorn in tho stock markets before they wore deposited in tho treasury, and th.it thero has never been n time since when a sale of thorn could have been negoti ated. It will ho observed that this diversion of the Hchool fund front its legitimate object occurred before tho passage of tho first school law. Lot us sue, then, what were the rosourcos which this depuilmont had upon which to rely to moot the ex pense* of tho schools inaugurated throughout tho Statu last year. From the amount of tho school fund officially reported as paid in, up to Oct. I«f, 1871, #827,08.".Oil, take #212,027.02, the amount divorted, and there is left #85,055,47. Tako from this last sum the expenses of this office up to 1st of Jan. of this year, about #10,000 and there is left, in round numbers #75,000, which ought to have been in tho treasury as uu available fund. This constituted tho sole resource for mooting the expenses of tbe school lust year. This statement will be bolter under stood by referring to tho school law of Oct. I.Tih, 1870. There was no provision in that law for local taxation to nay teach- or.* and school officers. The only provis ion iu it, looking to the raising of resour ce* to supplement tho State school fund, is found iu portion 43. That section inado it the duty of tlio State Hoard to muke an < affiliate of tho supplemental amount necessary to lie raised by t *x 1- lion upon the property of tho State to ku* p up tho schools for threo months of the year, and report that estimate lo the General Assembly. The General Assem bly was not to bo ootivoned till near tbe close of tbe year, and, if they had seen proper to pus* the tax law contemplated, it would have been at least twelve mouths before the tax c mid have been assts-ed und colls ’ted. It in plain, then, tint the only resource to lie relied upon tor the support of the school* was the #75,000 already mentioned. With this very shnder rfsource, the mistake!! policy was adopted of encourag ing tbe general establishment of scliooD, and a doht of at h ast #;too,o«o, aud per haps considerably more, W'Uh created. It gives me no pleasure than to speak of the blunders, to use no harsher term, iu the management of this groat interest, in the prist, hut justice to the tax payer-, to the buffering teachers, and to the chil dren now growiug up untaught, demands the utmost plainness of speech. Hince my enhance upon tbe duties of this office, I have been endeavoring to arrive At the exact financial status of this diqini tment. 1 have hud especial difficulty in ascertaining what ajuouut of tho taxes of 1871 belongs to tho school fund. Not withstanding the Uouiptioller-Gcnerid in structed tho Tax Collectors to keep the poll tux Reparute and distinct from all other tuxes, and so report them to the Treasurer, 0 vory largo number of them have fulled to do so. They have simply reported, from time to time, so much tax money, without separating between the poll and othor tax. Whou all the taxes are collected, the Comptroller will be able, from certain data in his office, to make tho separation und arrive at the exact uuiount of the poll tax, aud not till then. A few days ago, on a requisition front tho Governor, ho inado u report on the amount of the school fund* collected up to date, giving ■slimutu for 1871. “ lb7<>, JKMJul *17 All oth*-r huurcia except poll*, fame yr* 01,300 7s Liiiuur tax, tax uu »li<nr«, Ac., tn*u» lit Jau. to Ut Oct., 1*71, • • • 26,510 87 Since tlio above aUtement wm Kubiuit- ted, the amount chaffed therein a* 'lutitwl on deuoeita of erhool fund," haa beeu refunded to the Slate Trent* urer, to-wft: .... VroB all source* since Ut October, 1M71, to let March, 1674, (approximate esti mate), .... ♦ Q*.P>7 23 Total amouat of school fuud as ascer- talaed and Ml apart, up to Ut March, i*r«, • t 1 : : a of July ’JK, 1870, fur which iiiismIi'aIiIc bonds v *242,027 « in •r, ull of term «f tbu prctvni in cumbent, - - - 10,800 (17— 2521118 31 Amount which ou^lit now to he in the Treasury, - - - $i:it l arr. 75 The present General Assembly, at its late session, pissed a law appropriating #300, OUO tor tho pay incut of tho teachers und school officers who served last year. This money was to come, lirat, “out of the funds theu in tho Treasury appropria ted by law to tho public school system j ami 11 those funds should prove insuffi cient, thru from the sule of tho bonds placed iu the 'Treasury in 1870, in the room of tho school fund* then drawn out. ’The statement above shows that there ought uow to be iu tho Treasury to the credit of the school fund the cum of $i:i4,800.75; whereas, 1 learn from the Treasurer, that tho whole amouut of funds of all Liuds now in his custody will not roach one-tenth part of tliut sum. Under tho act of July 28th, 1870, tlio very reprehensible policy of throwing school fund* iuto the Treasury in com mon with all other luoucys, to tie drawn upon, was inaugurated ami persisted in. The present General Assembly sought to arrest this, by enacting, iu scciiou .'Iff. amended school law, that— “When said common school fund rIiiiII bo received and receipted for, from what ever source received, it shall bo the duty ol’ the officer authorized by law to receive such fund, to keep the same separate and distinct from other funds, nnd said fiiuds shall bo used for educational purposes nud uonu other, nnd shall not be iuvosted iu bond* of this State." This is the first legislation in reference to the school fuud since the adoption of the presold Constitution, which 1 have been able to find, thut socks to carry out in good faith the provision of that iu.sliu- luunt upon the subjeut. Much as this action is to bo commend ed, it is itself defective in two respect*. In the first place, it camo too late to save tho fund. If this bo a fault iu our repre sentatives, it will he held ns n venial or.** when it is remembered that a large num ber of other subjects of the gravest mo ment were pressing themselves upon their attention, und demanding, ut their hands, immediate action. All could not have been done at once that ought tolmvo been douo. Tlio othor fault i.>. that the action above quoted does not effectually reach tho source of tlio trouble. As lms already been expluincd, a very largo bulk of tho laic* come iuto the bauds of tbe Treas urer without any means of discriminating between school and othor funds, through tlm negligence or iucompetency of the tax Tin- (Jrcat Sale. At tlio lionr of 12 in. yesterday, Col. J. II. Gindrut, one of tlio Assignees iu Bank ruptcy, appeared ut ihe Artesian Hasiu for tuo purpose of soiling the Alabama A Chattanooga Railroad, under au older uf sale of the United States Runkiupt Court for tbo Middle District of Alabama. Col. Gindrut stated !lmt tbe wale did Hot include curtain real estate and the improvement* thereon situated in Chalta im.iga, Ttnn.y which belonged to the Company, the titles to which were in tl e mono of chi tain other purtics ; nor did include the hotel property'at Attalla ; u the lands donated to it by Congress ; nor the telegraph lines, Ac.. Col. Elmore, one of the Attorneys for the Assignee*, an nounced that the lien id the State of Georgia mentioned iu tho unites of Hale, hud not been settled and adjusted, and therefore the sale would be made subject to that lien. Judge \V. J. Haralson, on bis own be half as a creditor, and iu behalf of certain other creditors of the Bankrupt, an nounced lroiu tbu Guild, that lie forbid tho sale. Judge R. 1’. Bice gave notice, ou behalf of William U. I) 1 tike, Rice, Chilton A Jones, and others, holders of large amounts of the second mortgage bonds of tbe Bankrupt, and also on behalf of tho Baukiupt, that they protested against the sale ns beinguu.mlho.i/edand ilieg.il. III. iiIk.1 (jiitf mm,-, the Util in Equity 1 Circuit Court nt Mol F. I Iraki id o her ■ puml. ni-y ..I 1 lilted M ites erein William complainants and John It G nuts, and that the pur.’hn.siu or purchasers at this sale, w lnisv. r»hev might, be, would bo made parties defend.u I to ibat nut us soon as pen, irk and paper could make them, aud ull (lie question* presented bv that bill would be pressed to a decision. * I Wm. S. Thoiingioii, Esq., 0* attorney | for Major Campbell Wallace and others, ! holders of second mortgage liouils of the I btUifcrept, a|.*o protested against tho Male I und gave noti. o that the validity of the | sale would be contested by Ins clients, us , well for the reservations made in the sale, ' »* fi r nil otlu r legal reasons. John A. ! Minnie, Esq . t'niti d Stales District Attor- ! nay, gave notice of a debt duo the Federal i Government amounting to about ninoteuu thousand «1o1Iuih, which he claimed was paramount to ail other hens upon the property. He did not protest ugauiat the , sab 1 , but simply gave notice of tlio claim, j Col. l.lmoro stated to the bystanders that all (im questn idod th« M.j. If, in addition tothnacli the Legislature had turtle the Comptroller General should, iu no case, receipt tax colleetois for nionoys re ported till the tux for school purposes was separated, in their let urns, from other taxes, tho remedy would hive beou com pleted; and I hopo this action will be taken at an early day. Iu the merciful allotments of I’rnvi- denco, it rarely happens that men experi ence from anything llul In falls them uu- mitigated evil. Ho it lms been in the j/as- Bigo of the law of July 28th, 1870, already so often referred to. While that law- open* wide the door for the escape of the sc hool fund, it also provides thut bond* shall lie issued lo secure the moneys thus disappearing, and 1 am authorized by the Governor to say that, under the author ity thus given, lie will, al tho earliest practicable day, caii-co to be issued, in pro per legal form, bonds of the Btuto iu suf ficient amouut “to perfectly secure” the #134,80(5.75, which, according to tho showing made above, has been used for other than school purpose*; aud have them put upon the market. In reference to tho bond* placed in tlio hands of the Treasurer under that law in 1870, which lie was authorized to sell to raise the remuiuder of the #!JU0,t)()tl ap propriated, he has grave doubts as to whether they can bo sold at u!l under tho existing provisions of law. They aro de fective iu execution, which, in liis opin ion, will prevent the sale of them at any other than “rates injurious to the credit of the Htatc." He requests mo to say, nevertheless, that I10 will make nil honest effort to curry into execution the luw a* it stands. 'J'bo Stato School Commissioner, tho Statu Hoard ami tho Governor ull sympa thize dsoply with tbo teuoher* who are still unpaid for holiest and faithful servi ces rendered in accordance with contracts entered into, in good faith, on their part, aud would bo glad to havo it in their pow er to afford immediate relief, but these officer*, like other citizens, ure bound to obey the laws and can do nothing uot strictly iu conformity thereto. As soon ns any funds cun bo realized from the sale ofth two classes of bonds above men tioned, due notice will Im given, and the money will Im distribute! among the count ies os speedily as possible. Section 38 of ihe amended school law md(e* it the duly of the State School (kimiuissiouer, imuiediileiy after tlm ad journment of tho General Assembly, to send the Ordiuary of cell county a state ment of the fund standing to t in credit of hi* county for school purposes, to be submitted to tlm new County Board at its first meeting. Tim foregoing discussion and exhibit will show the reason why tl.u In* nut been done. If wo had the whole of tbo $307,725.0*!, which tho Comptroller’s report shows lo ho due the school fund, now in hand, i cm of tbo opinion that it would «x haust all of it to pay present imlcbieduea-. The comities may rest assured, thon, that thoro i* 110 hope of aid in school operations the present year from the State. 1 sij« v ( e 11 , The taxon of 1872, which will prohablv i .. yield to the school fund #100,000, nud j D f va ] ll0 „ r '. sled brought before Jud : doubt that thopiirdu stinted b the aafo, hud been Woods at Mobile hat he had heard ml that he had m. t fin wile would valid title to thou put the prop*. proper! v 'Jin first bid dojla We b. Whin 1 buldt 1 Maj. T. e bidding was quite ise two until the uni died Inch * ten thousand • were only two of Chat taut I Gieonvillc.— •irifed betw nt finaBv re: wel vo limns 1 uu* knocked ho Pale Major Ber imed from the stand that the as made for nud on behalf of f Alabama. VANIA R T im Ci * Washington corroapomb f tho l!)tli, telegraph 1 ns fol- l Republics .1 Feniisylv cii.rn.ti has. all for a Stale a and a del. xt to tlm d< lection of Governor Fulmer, of Illinoii caused tbe greatest consternation iu tho administration circles hero to-day, f tlio fact that it. come* from a State that the Grant party must carry to win the election. if the liberal movement be comes as formidable iu Pennsylvania and Illinois us is jmw promised, the Grunt men litre concede tho loss of those States and tlio success of tlm Li bond ticket. Forney’a Press today endorses tho char acter and standing of tho men who have issued this Liberal call in Puuusyl- .!//•. Editor: -A statement of tlm do ings of III. A. M. Dickie's fowls maybe of interest to your reader* ; I accordingly send you liis report for the quarter ending March 31st, 1872. Whole number of heus 22. Breed, White Leghorns. They laid in January... “ “ February. “ “ March 423 eggs Wholo number in 3 1 Making ono hundred 1 on. Sold at market pri besides allowing n liber. onth*. Hot In..1,lit #33 I)' for ho >d tlm Tm New 1 «e‘!» coVieapoudont of the cinnu’i < Viumiereial say* “Adininistru- 1 circles aro not pleased with the im ssion made by rimir Grunt mooting' the night of the 17th instant. It “It was neither an large nor spontan eous f.s the liberal in Meting last week, nnd the speakers aro blamed by unbia*od Re publicans for being too biller toward op position jn their ranks, and too slavish 111 personal allegiance to Grant, deiiounc not ready "to admit lm I or the conutry plung- >ry Post office, (Justom- • official within twenty Yolk labored to mske posing, but failed to tho thinking mas* most In* ro-cleoi ed into iuiu. I house and rovoi live miles of N the meeting exclude some 1 as the fervent iqq l< lied.'' Tho New York E demonstration to lianu, whereas if 1 t fuel ion which, it is honed, will he rendered Greeley tosti- Post of tho 1 Stli cly the Gintit assuming to be Repub- }prenuntinl nothing but It j raises the respect- cors of the incetiug, but mtuined literally nothing tho speeches being suggested, will uot be collected early enough for di*tributiou in bid of the schools of tliiN year. I would recommend tho different Coun ty Uoaid* to make tho estimate required of them in soction 38 of tho school luw Uf>on the hypothesis that thero will ho no uid afforded by the Stuto, and to submit | erst in it w-lion made to tho Grund Juries, seek ing, it tho same time, to secure its ap proval ; but would repeat wliat 1 stated in tho circular of tlm 7th of February, that thero i* 110 satoty in attempting actual school work without Hint approval. Allow mo to soy, iu conclusion, that I am not disheartened by tlio blunders and mismanagement exposed on aluu.Bt every page of this paper. I am well convinced that, iu the altered state of our Southern society, tho public school system ha* be come an absolute necessity. There is no neutli tlm character of the Eosh t itle Liiiou. hope outside of it for multitudes of tL children of tho State—white us well us colored-while it can bo demonstrated that, under it, education can be made cheaper, more thorough, and far more general. Let ur, then, as bocomos thoughtful men, summon to our aid all the pationce, tho energy, and tbe wisdom which wo may be able to command, and make an earneat, protracted effort to retrieve the errors of tbe past, and build up a system, adapted to the wants of our people, which shall he the pride and glory of the State. Gustavuh J. Oau, State School Commissioner. Corn is telling in mauy part* of lowp I91 u m\» bwbti. At the time of the Grant meeting in Now York u number of circulars were sent through the hihiI addressed to various per sons, and urging their attendance. 'Theso circulars w ere not prepaid. T he Demo- aper* have been exposing the yio- f law involved, nnd the New York Postmaster lm* “risen to explain." He sajs that the circulars, though not pre paid, were, nevertheless, charged to the account of Henry Clows. Ho thought that this fact settled the luvtter. It was only, however, to 11*0 a home pliruRe, “out of tho Jrying pan nnd into the fire." Ilis attention 1* now called to tho laws of tho United State*, which order that overy mailed parcel to which stumps are not attached, or for which stump* are not paid for in advance, Gull bo marked “held for payment of postage," tlio sen der, if know n, or the person addressed, must be notified thereof, aud if he docs not pay tho postage, the matter must be •cut to tho dead letter office. (Baltimore Gazette. The Aobicultural College.—We un derstand that the $50,400 advaueo pay ment made by the purchaner of the Ag ricultural Land Scrip haa been iuvested by Gov. Smith iu fifty-eix State bonds uow being issued, at their present mar ket value; and that these have been turn ed over to ex-Governor Jenkins, Presi dent of the Board of Trustee# of the University of the State of Georgia, for the establishment jot the Agricultural m* UnUniMl C*U«g*.—Stl. S««. Oar Counter Cii.e a; Gt-iKve. Washington, April 2~ The President to-day transmitted fur tho. ii.iM.n ation'of tho Senate, a copy of the counter case of tho United State* in favor <3 tfio churns against Great Britain presented to tho Board of Arbitration: B concludes a* follows: Tho United States concur with H r Majesty's Government in tho opinion thut, a claim on tho purl of n belligerent t<» bo indemnified at ll.o n. e a neutral for losses inflicted or nceuvaoned by ai v of tho ordiuary operations of war is on > which involve* grave Consider*!:-ms, ni.d requires to ho weighed with the utraoii care. Without the t-N'pl.matory ol-ervu- tjons which Her v v * 1; v< rum ..t reserves the right to make in 1 ! t r *: >< > of tho proceeding*, they cannot v-y lie'/ far they do or do not concur in the far ther Btatemontthuteoiiipcns-iiijifi. an niffy justly bo awarded by the iiitJnnnl in re spect to losses of which the ucgligeuce uf the neutral is the diieetand proximo- > cause. It appear* to them, however, that certain general consider.il i< ms may reason ably bo assumed by tin- \rl>itrimes . .1. Both parties coat, mpiftic that tl, i Uuited State* will emhMVor to estuhlii-i in theso pr< cotio uvp id efi’e injuries for which they a; i. und 1 lie act* «*i iiimi;tI vessels which the tn » > •’ to bo shown to bo tin: .!• iu juries. 2. The tribunal of ArbiJ; judicial body, iu vested by li the fuud ions hoc, i : > t . Hlg of Hi of tin ml» ill dispute, wilt hold : ronaouabUi nud 1 md rognrdiug tho rdatioi: as it may assume that view when they 01 •-f• . gagemeiit to make thi 3. Neither pally * tribunal w ill r-ffahii-li rules in this re-meW. fit ti the hand epiut with from their duty to ot trality, or ou tho oth course of hone d m•< IieaviU(j now tlm i- cane ami tho count governments, t.» th counsel ami to tho de tial, tlio United Sti strengthening omit with which they clma tho highest interest <• ors which appear ft ■ a uses of difference botwoon them .slum! forever set at rest, entertain the confide Jler Majesty’s Gov. with them iu this Supposed Poison. throe chairs, which I • i: iff d t* 1 oldm Ho was evidently • nr.c,1 ; l in • ; -u!r. U in reported that he a war- . -• no revenge. Last Sunday a crowd •-! in--;.* go!* went to the West End Silva, supposed to bn 11ml. r directi.*u ,jf Horton, tendered llsrnc.t M»,o n - • ••) beer. Others spoke for ii ; im’ rim r*j !v was that m. one shoul l h rief. who drank it iu tin* good io.tm< .i oitotnent. Presently sbo ( It sicl a took tho care for lumm. <m Jn* ulur.*!■• ••t. On going to bed slio fill into n .stupor- never spoke again, mul died in iff. ml hours. Several r tho caso clearly ono of poison, probably from morphine. Silva lm been .nc t d aiul is in jail.—At ! ort,i '* i A Son Mmimm wore informed last week «>f a most hear! ■ less murder, which wu* committed u Randolph county, Ala. A yonn ; bid, but. fourteen years oM.wishin.’ i«* ::•> inmti* .. took his lathers gun and left riio h m*n His mother not dm-iring I ha.', li * should go, called him buck, and tin* litu nr.cal uot hooding her, she went ho aid him for tho purpose of taking tho gun. whin tn« boy turned and told her he would kill In r if she didn't go back. T iA* poor 1 i**tlu r, of course, not thinking her • cuiml ou iu earnest, ndvnuccd nearer !•* I,: • when lie deliberately raised lu* gun and shot, her through tho heart -dead. It is a most revolting crime and paral Iel lo tho unpardonable sin, if not w orthy of being culled thut of itself. We sup pose the murderer was im r u ff. ah hough wo havo not been informed of the fact. — Opelika Loco no ■fin. Lfj We In Ha streets nnd tlio A. A W. F. It. R. corn, that portion of tho Wester here to West Point. If tho news .bo true, feel rejoiced at the tutu Opelika. May tho movement soon is our wish.—Opilif:a /." NakkoivCtAvai:. Co). Hi ter from It. H. Lamborn, ’ of the Denver Rio Grand Gauge Railroad, stating tli earning • 1 road, and will earn 'i ou 120 miles. Tlio 120 mil on tho 15th of liny. This more per mile now than t Western road*.—Atlanta ( tl. id is making ch guano and other to 9 lifted by tho plant-mi ar. It is stated that 1 fertilizer:; are bought c Coxton Planting and Accounts from Hull, I'm * other cotton-growing e»» Slate concur iu staling ri of laud has been devoted l iug this yoar tli four times as 11 tilizors have lie iu any former .\ most cases the credit, nnd secured by liens on tin* glow ing crops. Tho increased mo of terriii- zers on cotton land.* this year i* by no means limited to Georgia, but is common to all tho cottou-rnising Staten. In Mh- sippi, Alabama, South Carolina to d Texas, it is stated that tlic demand for these valuable auxiliaries to production is altogether unprecedented. In uio*t of the cities tile stocks were mitircffy rxbaiiRt-. od. aud tho demand was above tho snpplv According to till* estimate that fort ill/.* rs incrouso tho production oiu*.fourth, and frequently out* third, it will lm **'» n th-if. it will not lie the fault of tin* pier.tors if this year’s growing crop docs not exceed J.he highest average yet reached. ^[^Auyfsta Const. Who Stole the Hii.t,’/- At the session of tho General Assembly, Mr. Bridges, inembor of tho House from Snwaimeo, introduced a bill to compel railroad companies in thi* State to pay for the property destroyed by th* i • triiips, and to niako sorvico on the ag«*uts of tho company in tlio county sufficient noticeGo bring such corporation into Court. The bill passed the House and Senate, but was stolen possibly by some of the hired dim kies of theso corporations who nro con staidly swarming about tho Capitol. As the law now stauds, a party having a claim against a railroad i *m»pnn\ i m properly killed or destroyed, iff* • to »;«> **• Fernandiua or Tallahassee to sue- t* * hi* money. This is attended with s** expense that tho roads aro little else than licensed destroy era of property. Tbit kind of legislation huds to the tearing-up of mil* »nd Urn mu-offs siul muusii-ui'* »i'» ' roads in thin Stato aro fie<i<iontly ; any one of which costs im>i<* •• .j,^ or fonr months' butchery * «. S mI 581 ui,n ,,,y * t

Georgia Historic Newspapers

Weekly Columbus enquirer. (Columbus, Ga.) 1861-1873, April 30, 1872, Image 1