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THE ATLANTA WEEKLY SUN.
jnf, DAILY
W Ni'Yembcr 20^ 1871
Tile Office of Chief Justice.
Oar
Sendee
valuable Service (as will be seen by its ar
ticle on the subject, published in full, in
another column) to the public, by calling
attention to this office. It seems to be
truly one of the grand “objective points”
in the present “situation;" and the pnblic,
and especially the Legislature, should
investigate it, and arrive at correct con
clusions concerning it, wilJiout delay.
On this subject, thus presented, we
have some comments to make:
First of all—Dow* the office of Chief
Justice have any legal existence in this
State ?
Startling as a doubt on this question
may be to many persons, yet, the doubt is
founded on most grave reasons.
Such on office is unknown to the pres
ent, or any former, Constitution of this
State. It is not a constitutional office.
The Constitution provides that the Su
preme Court shall be constituted, or com
posed, of “three Judges." Not a word
about a “Chief Justice,” nor even about
any “Justice.” There are three of them;
and the^ are all Judges—nothing less,
nothing more. The Constitution gives
each of the three, the same power and
the same style. They are all “Judges,"
and they all have equal shares in the ju
risdiction and functions conferred upon
the Court. So the Constitution creates
them, and so it leaves them—each the
same as-the other two, in functions and
in style.
The Judiciary is one of the three co
ordinate and independent Departments
of the Government. Can its composi
tion, or the style of its component parts,
as that composition and that style are de
fined by the Constitution itself, be
changed by either of the other two co
ordinate Departments ? Can the Legis
lature make auy change in this composi
tion or iu this style, either by subtrac
tion or addition ? If by addition, why
not by subtraction also ? If by addition
to the style of the component parts, why
not also by addition to their number?
Why not as well say that the Supreme
Court shall have two Judges added to
the constitutional “ three," as say that
one of its Judges shall have the style of
“Chief Justice” added to his constitu-
tional style of “Judge ?”
This whole fabric of a “Chief Jus
tice” rests solely upon a statutory founda
tion. The statutes which brought it into
fashion (only two in number, so far as we
are aware,) are of recent date, and have
never undergone the test either of ju
dicial examination or public discussion.
The first is the 206th section of the Code
of 1863; and the second, modifying the
first, is the Act of 1866, as seen
in sections 198 and 200 of Ir
win’s Devised Code. Are not these stat
utes inconsistent with the Constitution,
and, therefore, unconstitutional, null
and void; since they do certainly change
the style of one of the component parts of
the Court, if not the composition of the
Court, ns defined by the Constitution it
self ? We invoke a close mid candid
scrutiny into this matter, on the part of
the present Legislature. The Chief Jus
ticeship is important, not so much in it
self, but as an entering wedge for new
usurpation.
Usurpation is, unfortunately, the
fashion of the ruling powers, both State
and Federal; and for that very reason the
vigilance and jealousy of the people and
their Representatives, should be the more
intense and unflinching. The only way
to prevent usurpation from taking an
“ell,” and measuring that “ell” for itself,
is to sternly refuse it the first “inch."
In the next place, our cotemporary will
excuse us iu saying that he is at fault in
supposing that there is not ample existing
provision by law for filling all vacancies
on the Supreme Bench.
The Constitution prescribes its own
mode of making appointments of Judges
of the Supreme Court for full or entire
terms; but has no provision for tilling
vacancies, except the general one that
“When any office shall become vacant by
death, resignation, or otherwise, the Gov
ernor shall have power to fill such vacancy,
iniless otherwise provided by law." There
was, and still is, provision by law for filling
the vacancy caused by the resignation of
Judge Brown; and, therefore, we turn
from the Constitution to this provision
by law, as the rule and the whole rule of
the case. This provision is found in Ir
win’s Revised Code, Section 202. It is
in these words: “In case of a vacancy
(from any cause), the Governor shall ap
point and commission some qualified per
son to supply it until the next meeting of the
General Assembly, who shall elect some, one
for the unexpired tei'm. If a vacancy oc
curs during the session of the General
Assembly, there must be no appoint
ment; but if it closes without an election
the Govemor shall appoint- some person
to hold the office until the action of the
General Assembly.”
The vacancy created by the resignation
of Judge Brown occurred when the Gen
eral Assembly was not in session, and,
therefore, it was a vacancy to b^ filled
partly by the Governor and partly by
election of the General Assembly; by the
Governor until the Legislature met, and
now by Legislative election for the re
mainder of Judge Brown’s nnexpired
term. Can there be any doubt that the
General Assembly ought immediately to
SI T N [ elect a judge of the Supreme Court to other life has he any recolleotions to pub-
fill the remainder of the unexpired term,
which was left vacant by the resignation
of Judge Brown ? It seems to us that
there cannot be. Let the Legislature,
then, proceed promptly in the discharge
A. H. S.
otemporary, the Chronicle and
(of Augusta, Ga.,) has rendered 0 f their duty in this matter.
Thb New Era, the organ of the New
Rebellion, invokes the interference of
Federal power and the inauguration of
“another cycle of anarchy and confusion
in Georgia,” because tlia people propose
to do a lawful thing in a lawful way. It
is the organ and advocate of rebellion.
The day of corruption and wickedness
in high places in Georgia is nearly at an
end. The power of rings and corrupt
combinations and plunderers of the pub
lic is broken. The -people are making
known their strength.
We undebstand that our “fieting” M®a
interim." Governor declares his intention
to hold on to the office in which he is now
a usurper—thus declaring an open rebel
lion against the Constitution and laws,
and assuming the attitude of a "rebel."
He was opposed to “rebels” during, the
war; and has since that time professed to
be one of the extremest of the extremely
and “trooly loil;” but now his loyally is
gone and he is a rehu!, and has placed
himself on a rebel platform, and favors a
rebellion against law and order. This is
the New Radical Rebellion.
The Democratic Meeting, on Monday
night, the calling of which was suggested
by our correspondent* “Fulton,” in The
Sun, last Saturday morning, and approv
ed by ns in that issue, and hy our cotem
porary and our Representatives in the
Legislature on the day loll owing—was
largely attended and composed of our
very best citizens, who are truly ; repre
sentative men of our city and c
ty, and of the Democratic, party in this
section. ;
Hon. James M. Smith.—The meeting
at the City Hall on Monday night, re
suited in the choice of delegates to the
Convention, a majority of whom are be
lieved to be in favor of the nomination
of Col. Smith, the able Speaker of the
House of Representatives. We know
the delegates personally, and have known
them for years, and know that they will
vote for a good and true man, let that be
whomsoever it may. We have noticed
several of our exchanges, and find that
Col. Smith is widely urged for the nomi
nation.
The Sun has no preferences among
good men. We expect a good, sound,
Democrat to be nominated, and we
shall support that man, whether it be
Gen. Wofford, Col. Smith, or any other
good and true Democrat.
State Road Trials.—Yesterday the
case of James Mullins was called, but
the trial postponed on accouut of the
dangerous illness of his wife. The case of
W. D. R. Millar was called, but postponed
on account of the sickness of his mother,
whose recovery is said to be doubtful.
The case of N. P. Hotchkiss was called,
but he was not ready for trial—alleging
the absence of important witnesses, viz:
Foster Blodgett, and his son, E. F.; Jos.
Fry, and Mr. Alexander. The case of
E. F. Blodgett was called, but he failed
to answer, and his bail was forfeited.
These things present strange thoughts to
the mind, and bring up strange reflec
tions. Jos. Fry has forfeited his bond,
and is gone. We bad a report that he
was arrested in Massachusetts some days
ago. Why has he not been brought back
here ? Why have Ed. Blodgett and Mr.
Alexander left their bondsmen to foot the
bills ? Why is Foster Blodgett gone just
now ? Is he in Washington, or with Bul
lock ? Will he try to obtain a seat in the
Senate, or was that only a pretense—to
allow him to escape—to get away without
being arrested—never to come back, if
he can help it ?
We believe the election for State Prin
ter comes off to-day. The Legislature
has played a broad farce in their attempt
at retrenchment. Let it stand, and let
their vote be recorded.
So far as we are pei’sonally concerned,
we have no feeling in the matter, and no
regrets. We were willing to do the work
for mack less than it will cost the people
as it is. We had rather be on the side of
the people, and have their approval and
voluntary support, than the Pnblic Print
ing at unnecessarily high profits; for the
Printing is a job that will soon terminate;
but the support of the people will be last
ing and gratifying.
We publish elsewhere, a joint resolu
tion of the Legislature, requiring all per
sons who have money belonging to the
State Road, to pay it over to the State
Treasurer at once. We call attention to
the fact that this resolution was approved
the 17th inst., but the official copy fur
nished by the Acting-Governor on which
to proceed, was furnished the 28th inst.,
eleven days after its approval.
>-•-<
SUJY-STROKES.
lish?
B@j“* A rural New Yorker wrote to
farmer Greeley to know the best plan for
raising a head of hair. Greeley immedi
ately invented a Ku-klnx story, and the
inquirer felt “each particular hair” up-
liis head raise immediately. Let
Greeley call this “aTie,” at his peril.
The New York Sun suggests that
the snobs are “ Bamumizing. the Grand
Duke.” Why not? He came over here
We are mortified, and, I might say,
indignant, to see the name of Senator
Black, coupled with those of Campbell
and Brock, in sustaining the veto of
Conley, the usurper. His course is em
phatically condemned by the Democracy
of this place; and, whatever may be his
opinion, he misreprepres6nts us. We
are pleased with the vote , of Mr. Glover
on this question. He is a man who will
always be found voting right.
Here, while we will cheerfully support
any good Democrat that may be nomi
nated for Governor, Col. James M. Smitli
is the choice of oar people.
Another Radical lias been put out of
to show himself, and ought not to make t]je by ^ mvu criaies . p age , w ho
bear of himself, but go ahead and xcill e 1 young Miller, has been convicted,
show how much adulation can a young
Young Russian bear.
B^A^Tbe Louisville Commercial has the
effrontery to say: “Senator Henry Wil
son,‘the Natick Cobbler’of Massachu
setts, is to have a brother cordwainer in
the Senate in the person of Hon. Tom.
M. Norwood, the Senator elect from
Georgia.” There ean be no objection to
having Senator Norwood called a “cord-
waiuer,” bnt it is rather hard to have him
hitched to the same wain with the lu-
“Natick Cobbler.”
That unmitigated carmine capil-
laried b“darn-ment of the Savaunah
Morning News, in his Monday morning
scribbling.-*, has the following:
Watson, of The Atlanta Sun, who
recently stirred us up because we had
the hardihood to be original in the mat
ter of grammar, has this: “Though the
New York Comptroller is a Green one, he
will have sense enough -to avoid the rocks
that bursted Connolly.” This is very
neat, and “bursted” is about as original
as things in this world ever get to be.
Now, whafc upon earth does the fellow
mean. Of course, he, and everybody
else, knew it was only “a mistake of the
printer” and that the word should have
been ousted. Besides, it is getting to be
common, since Yinnie Ream came, for
men to be bust-ed out of rocks. What a
prying fellow Harris is!
BgL. The Boston Post wheels Senator
Wilson into the front rank as the cham
pion logician,' This claim rests upon his
assertion that “Grant is certain to be
elected, therefore he ought to be.” This
is equal to the boys’ syllogism: “ An ele
phant can’t climb a tree; a brickbat
can’t climb a tree; therefore, an elephant
is a brickbat.”
The Cincinnati Times and Chroni
cle says: “The London Times continues
to believe in Graht; and the Times is
right.” Certainly, and the people are
not a whit behind the Times—they all
“ believe in Grant” as the principal snob
of America.
tksj" - One of the letters developed by
the Fislc-Mansfield scandal reads: “Dear
Dolly—when yon past me at the gait
last night without looking at me, my
hart was pirced.”
“There is one pleasant thin,
about Collector Murphy’s retirement,
says the Chronic Cincinnati Timbs. And
that is, there is one rascal less in office.
GEORGIA MATTERS.
B3U Augusta, Maine, protects the lives
and property of her citizens at the ex
pense of a night force of two policemen.
Bat it is so cold up there that thieves
and robbers can’t get abont at night.
BSU In holding stock in the Emma
silver mine, in Utah, Minister Schenckis
only endeavoring to Emma-late Grant,
who held a .profitable interest iu the Sen
eca quarries!'
£©=• “Sir Heniy Holland, husband of
Sidney Smith’s daughter, has been per
suaded to publish his “Recollections of
Past Life.”—(New York Times.) Of what
The Georgia Collegian appears in full
mourning for Prof. M. J. Sinead, who
died recently in Athens.
The Hancock Bible Society is supply
ing the destitute of that county with
Bibles, free.
A traveler has pronounced the Han
cock girls the prettiest in the State, and
the Times and Planter is very proud.
The Hancock Sentinel is “glad to see
Sparta holding its own so well.”—
That is well, bnt it is better if she holds
no body else’s.
An Irish potato, second growth, weigh
ing a pound and a half, causes an ex-tu
ber-ance in the bowels of the Hancock
Sentinel.
Negro men and women fight at'uight
on the streets of Sparta. From the man
ner in which they fight they are adjudged
to be Spar jins.
Griffin is at present engaged in admi
ring its brass band. Fitch can furnish
brass enough to make two such bands,
A dramatic club in Griffin.
Griffin begins to enumerate the nasal
protuberance of her enfranchised male
inhabitants next Friday. It will take her
five days to complete the job.
The two railroads which intersect at
Griffin, are doing good business.
Bear Creek is prospering, as the Mid
dle Georgian is glad to observe.
Wash. Freeman and Bill Lasseter, two
emancipateds, had a carving match in
Griffin, Saturday night. Freeman was
sliced in the neck.
Pike county Democrats convene in Zeb
ulon, Saturday. Spalding Democrats
will convene in Griffin the same day.
That Baughty, naughty Middle Geor
gian has the audaciousness to say: Some
of Bullock’s “proc” papers that received
more cash from the public crib during
the reign of His Bovinity than they ever
got from a legitimate source in their lives,
are now crying out against the Legisla
ture for not reducing the per diem. These
who, at present, advocate for economy,
were very zealous in applauding Bullock
for his great “enterprise” in supporting
a press which the people would not sup
port.
The Macon Telegraph and Messenger,
of Sunday morning, reached this office
by times yesterday morning; but it al
ways was a “slow old coach.”
E. H. Harman, of Macon, has been
admitted to the bar. He will be admitted
to be “Colonel” next.
Bibb County Superior Court has lately
sentenced Amos Gordon twenty years ■for
attempt at rape, and William Cox, for
burglary in the daytime, five years.
The First Street Methodist Church,
Macon, was dedicated Sunday morning.
Jonah, of the Hawkinsville Dispatch—
at least his experience with a gourd-vine
entitles him to that appellation.
young .
and will no more trouble the House for
leave of absence. ***
*_♦-« ,
From the Augusta, (Ga.,) Chronicle and Scntinsl.
Tlie Office of Chief Justice.
The pnblic eye is beiDg directed to^bis
high office as the true objective point
in present political mauceuvering.
Whether there be a rin& inside o’f the
Democratic party, or whether there be
no ring amoug those who are numbered
among the faithful, it has come.:to,be
conceded that political issues iu State
politics (and after all, these are the issues
about which our people concern them
selves most) must take a new departure
upon the election question, which con
ceals but comprehends the real political
objective poiut. I,?iiXoaaOoa j
An “Inquirer” asks ns to publish so
much of the Constitution * as may bear
upon filling the office of Chief Justice,
and puts to us some pertinent questions.
This request we comply with to. th6 Ex
tent of our ability. askilfcMob
Sectiou IX, Article V of the Consti
tution, Paragraph 1, reads as follow?:
“The Judges of the Supreme and Supe
rior Courts, the Attorueys-General, the
Soiicitors-General, District Judges and
Attorneys, shall be appointed, by the
Governor with the advice and consent of
the Semite, and shall be’removable by the
Governor ou the address of two-thirds of
each branch of the General Assembly.”
This clause in the Constitution points
out the mode in which the offices of
Justices of the Supreme Court are to be
made ab initio, and also, when the terms
of office have expired, but makes no pro
vision for vacaucies. The appointing
power is lodged in the Governor, by and
with the advice and consent of the Sen-
If Chief Justice Brown’s office had
expired when his successor was appoint
ed, we take it the mode prescribed, is
the only constitutional inode in which
the office could be filled—that is, by ap
pointment by the Governor and confirm
ation by the Senate.'
But Article IV, Sectiou II, Paragraph
IY, covers the case of all vacancies, and
reads as follows:
“When any office shall become vacant
by death, resignation or otherwise, the
Governor shall have power to fill such
vacancy unless otherwise provided by law ;
and persons so appointed shall continue
in office until a successor is appointed,
agreeably to the inode pointed out by
the Constitution, or by law in pursuance
thereof.
A vacancy occurred upon the resigna
tion of Chief Justice Brown. This vacan
cy was filled by our late, now fugitive,
Governor. This ajipointment holds fill
ing the vacancy of the uuexpired term
until a successor is appointed agreeably
to the mode pointed out by the Constitu
tion, and if no such appointment is made
until the term for which Chief Justice
Brown was appointed expires, or the law
provides otherwise. This is our opinion
The last part of Paragraph I, of Section
II, Article V, reads as follows:
“At the first appointment of Judges
of the Supreme Court under this Consti
tution, one shall be appointed for four
years, one for eight years, and one for
twelve years, but all subsequent appoint
ments, except to Jill unexpired terms, shall
be for t welve years. ” Here the exception
indicates that the Legislature is expected
to provide by law for nnexpired terms.
Now, we see no reason why Chief Jus
tice Lochrane should not continue to fill
the office, should “Governor” Conley
omit or refuse to send iu a name for con
firmation to the Senate. We know of no
law which compels Governor Conley to
send for confirmation a name to fill a va
cancy which has already been filled, in
the absence of auy law which would pro
vide for filling such vacancies. Such a
law should exist, and should restrict the
time of such appointments to the meet
ing of the next General Assembly en
suing, and should make it obligatory
upon the Governor to nominate for con
firmation, and, in default of such nomi
nation, to provide for an election by the
Senate. We find no statute which makes
it the duty of the Governor to send
within any given period, or at any par
ticular time, nominations for confirma
tion by the Senate, when vacancies occur.
Such an act, it appears to us, rests
solely in the discretion of the Executive,
or acting Executive. But we see no rea
son why the Legislature should restrain
from making such a law, to take effect
from and after the passage of the act.
There are more questions involved in
the interrogations of “ Inquirer,” some
of which we are not prepared to answer;
but, as his chief desire is to bring the
matter to the attention of the Legisla
ture, we feel that we have accomplished
the end he desired.
Politics in Southwest Georgia.
Amkbtcus, Nov. 25,1871.
Editors Atlanta Sun: Wo are Demo
crats iu this section of Georgia. We
have a few Radicals returned to the Leg
islature, but that is owing to the infa
mous features of the Akerman election
bill. *
GEORGIA LEGISLATURE
TWENTY-FOURTH DAY’S PROCEEDINGS.
SENATE.
Tuesday, November 28.
The Senate met, President Trammell in
the chair. Prayer by Rev. Mr. Warren.
Roll called; present—Messrs. Brock,
Brown, Burns, Cameron, Campbell, Can
dler, Clark, Colman, Cone, Erwin, Estes,
Griffin, Heard, Hillyer, Hoyle, Jervis,
Jordan, Kirkland, Kibbee, Lester, Mc
Whorter, Nunnally, Peddy, Reese, Rich
mond, Simmons, Smith, Steadman, Wal
lace and Wellborn—30.
Leave of absence was granted to Mr.
Bruton.
The journal approved.
Mr. Kibbee moved to reconsider the
action of yesterday relating to the loss of
a bill to limit the lien of judgments of
Justices’ Courts, restricting said lien to
thirty days, unless the execution is re
corded within that time in the office of
the Clerk of the Superior Court.
Mr; Reese supported the motion. The
dockets of Justices’ Courts, as now kept,
are insufficient notice, being inaccessible,
or at least obscure.
Mr. Brown oppesed the motion as im
posing additional costs on the plaintiff,
and as analogous to the bill to restrict the
lien of judgments to the county where
rendered or recorded, defeated some days
ago. * . ■
The motion to reconsider was lost by
ayes 9, nays
Mr. Candler moved to reconsider a
bill to allow married women to recover
one hundred dollars as liquidated dama
ges against any person selling spirituous
liquors to the husband of the plaintiff
vruile said husband is intoxicated, aud
humorously supported the motion. He
considered the billjmpracticable, and
injurious to domestic happiness in mak
ing the barkeepers the keepers of the
consciences of husbands.
Mr. Smith was opposed to legislating
morals into the people"; buij the bill was
intended to strike at the'root of a great
and prevalent evil^ and would accomplish
its object. ' w ” * 174,
Mr. Brown replied to the allegation
.that!the bill would enable the, wife to re
cover what does not belong to her, insist
ing that the damages might be some
slight compensation 1 to the wife 1 for the
loss of the character, time and capital of
her husband. The bill is not a new one.
The motion to reconsider was lost; ayes
11, nays 16. .
A bill to provide for certain sales with
the righ$ of redemption by the 1 vendor,
and to fix thei penalty for illegal: acts
douq ip^cppinection thereto, aud the, sub
stitute proposed by, the Judiciary Com
mittee, to-wit'; A bill to provide for the
sale of personal property, to secure loans
and other debts, with the amendment bf
Mr. Nunnally, “Provided the consent of
the wife shall first be obtained,” being
unfinished business of yesterday, was then
taken uj). ' The bill provides for the ab
solute sale of property as security for.a
loan, the right of redemption being re
served to the vendor, said property , to
revert and become subject’ to the claim
of homestead only upon redemption.
Mr. Kibbee opposed the bill, ou tlie
ground that it is either a mortgage, or
not a mortgage; if the former.it is use
less, if the latter, under the operation of
thb bill, the property would be subject
to the debts of the vendee, notwithstand
ing the reservation of,tho right, of re
demption. . , f."*, av>fie»fe{> .jij
Mr. Reese contended that such a sale
wouldnot amount to a mortgage, and
that the assignee or creditors of the ven
dee could only take the same title as the
vendee himself had, aud the property
would 'continue subject to the equity;
aud that it meets a growing want of the
country for some security for debts
necessarily created, which is not subject
to the claim pf homestead. He opposed
the amendment as impracticable, and be
cause, if the wife has not exercised the
privilege all owed her by law, she should
not be further protected.
Mr. Lester offered an amendment that
the vendor’s right to the property shall
not be affected by any liens or incum
brances on account of being in the hands
of the Vendee, but tlie vendor’s > igbt shall
be competent on Ms complying with the
condition of payment; adopted.
Mr; Nunnally advocated the motion.
Tha wives runst be protected. Legisla
tion had. tended steadily in that direction
since the days of the distinguished Leg
islator from Augusta, who well understood
the importance of the matter. Wives
would consent iu all cases. The princi
ple is recognized by the provision in the
Constitution for homestead. He thought
the bill ought not to pass,,bat if it must,
let the proviso be adopted.
air. Wellborn spoke in favor of the
bill as tending to reduce the burden im
posed, and the principal embarrassment
caused by the unrestricted operation of
the homestead.
Mr. Hillyer hoped the bill would pass
tor another reason; to-wit: that in crimi
nal cases the defendant cannot procure
securities on his bond unless he has over
two thousand dollars, and is often com
pelled to lie iu jail on that account
The vote on the amendment of Mr.
Nunnally stood: Yeas, 14; nays, 14. The
President voted aye, so the amendment
was adopted.
The substitute was adopted aud the
bill was passed by ayes, 14; nays, 12.
A mesiage w-as received from the Gov
ernor, ad interim, stating his approval of
a bill to amend sections 1035 and 1038,
relating to the Public Printing.
A message was received from the
House stating the passage of a resolution
to go into the election of a Public Prin
ter at 12 o’clock to-morrow, which was,
on motion, concurred in.
Mr. Wellborn moved to withdraw from
the committee to which it was referred,
a bill to incorporate a Land Grant Board,
and to regulate the sale of Agricultural
College script, and to make the same the
special order for to-morrow; carried.
By Mr. Hillyer—A bill to amend Sec
tion 1052, relating to the number of
copies of journals to be furnished to 4ach
county in the State, which was read the
first time.
On motion of Mr. Burns—To repeal an
act of 1870, changing the time of meet
ing of the General Assembly, was taken
up and passed.
Bills on first reading:
By Mr. Kibbee—To change the line
between Dodge and Pulaski counties; al
so, to amend Paragraph 1 of Section 3798
of the Code, relating to the competency
of parties to testify.
By Mr. Nunnally—To incorporate the
Griffin and Columbus Railroad Company;
also, to relieve parties plaintiff in certain
cases from the operation of an act to ex
tend the lien of set-off’ and recoupment
to all debts contracted before June 1st,
1865, was on motion taken up.
Mr. Brown offered a substitute to
amend said act to extend th.e lien of set
off aud recoupment, etc., which substi
tute exempts corporations from the op
eration of the act.
Mr. Lester opposed the substitute as
unconstitutional class legislation.
Mr. Brown advocated the substitute,
insisting that it made no exceptions, but
affected all corporations alike, and was
not, therefore, class legislation.
The substitute was adopted and the
bill passed.
Bills were read the second time.
A House resolution to adjourn on
Thursday, the 30tli inst., the day having
been appointed a day of thanksgiving by
the President of the United States and
the Governor, aud that a committee be
appointed to make suitable arrange
ments for the • observance of that day,
was, on motion, taken up and concurred
in.
A House resolution making it the du
ty of tlie several committees appointed
to investigate tlie conduct of various
State officials, wlien it shall appear that
any person has committed any crime
within the province of said committees
to investigate, to sue out a warrant for
his arrest, was concurred in.
Mr. President introduced a resolution,
requesting our Representatives in Con
gress to use their influence in securing
the payment by the Government to th P
Cherokee Indians, now in this State m
the pro rata amounts of money still
them under the several U1(lu ®
with that Nation; not acted^n!^ 3
Senate adjourned.
HOUSE OF REPRESENTATIVES
House met, Speaker Smith in ‘
chair. Prayer by Rev. Mr.
Journal approved
made
_ tlie
Jones .
Mr. Simmons, of Gwinnett, moved tn
reconsider so muck of yesterday’s nm
ceedmgs as relate to the passage of a bill
to chauge the line between the counfieS
of Gwinnett aud DeKalb. ‘ le
Mr. Goldsmith moved to lay the mn
ti° n . to reconsider on the table Thi.
motion prevailed. ‘ 013
A resolution by Mr. Crittenden de
claring that this General Assembly will
observe Thursday■next as a day of thanks
giving—-sajd day having been set apa?t
for that purpose by the President of She
United States, nikl the Governor of this
State, and providing, further, for bavin"
divine service in the Representative Hafl
on ,.“'*•>’> , was adopted.
lu iowin ° kills were read the third
T« change the time of holding the
Supreme Courts of the Middle Circuit
was passed. ’
To incorporate the town of Sanders-
ville; passed.
To change the line between Douglas
and Carroll counties, was re-committed
To increase tlie pay of jurors in Stew
art Troup Spalding Gordon, Webster,
•Pauldmg, Early, Miller, Murrav, Greene
Quitman, Terrell, Marion, Clayton’
Sumter, Fayette, Heard, Cobb, Clarke’
Chattahoochee, Henry, Taylor, Macon’
Telfair, Thomas, Decatur, Habersham’
Monroe, Dooly, Jasper, Houston and
Worth, was passed.
To amend Section 2261 Code;l. st.
To amend an act to amend an act to
incorporate the Habersham and Union
Turnpike Company, &c., was passed.
To incorporate the town of Colquitt-
passed. ’
To re-establish vendor’s lien; lost.
• To protect human life; lost.
To repeal an act prohibiting leasin" of
convicts; lost. °
To more effectually prevent the carry
ing of concealed weapons; lost.
To change the county site of Macon
county; lost.
To change Macon county from South
western into Macon Circuit; indefimte'y
postponed.
To incorporate the Dollar Savings
Bank of Fort Yalley; passed.
To alter and amend Section 3895 code
relating to mortgages in personal proper
ty, was passed.
To amend charter of Calhoun; passed.
To authorize the town Council of Cal
houn to aid in the construction of the
North Georgia and North Carolina Rail
road; passed.
To change the line between Clay and
Calhoun counties; passed.
To authorize the election of a Record
er aud Auditor for the' city of Atlanta;
passed.
To authorize the payment of costs to
officers of courts iu Bartow dounty;
passed.
To repeal an act to establish a system
of public instruction; lost.
To repeal certain sections of an act to
charter the Georgia Mutual Fire and
Lile Insurance Company; passed.
To incorporate the Commercial Bank
of Albany; passed.
A resolution by Mr. Simmons, of
Gwinnett, declaring that the General
Assembly will proceed at 12 M. to-mor
row to elect a State Printer, was adopted.
To authorize Cobb couuty to issue
bonds to build a Court House; passed.
To authorize the Ordinary of Camp
bell county to issue^ bonds to aid in
building a Court House; passed.
To amend the charter of the town of
Ac worth; passed. »
To chauge the line between the coun
ties of Coffee aud Ware; passed.
To provide for the opening of Cedar
Creek, iu Wilcox county; passed.
To change the time of holdi ig Catoosa
Superior Courts; passed.
To authorize the Ordinary of Gwinnett
county to issue bonds to build a Court
House; passed.
To authorize clerks of the Superior
Courts in the counties of Clinch,Lowndes,
Echols, Ware and Coffee, to issue writs
bearing test in the names of Judges Al
exander and Sessions; passed.
To reimburse certain money to Samuel
Weil; recommitted to Finauce Com
mittee.
To provide the manner in which offi
cial bonds shall be taken; lost.
To authorize the Tax Collector of Cher
okee to pay over the tax of 1871 to the
Ordinary, for the purpose of building a
jail; lost.
To change the time of holding Camp
bell Superior Court; passed.
To change the time of holding Camden
Superior Court; passed.
To increase pay of jurors in Bartow
county; passed.
To amend the act incorporating the
Atlantic and Great Western Canal Com
pany; passq/i.
To authorize the Tax Collector of Butts
county to pay to Ordinaiy, tax of 1871,
to build a court house; lost.
To create a board of assessors for each
State.
Mr. Cody moved to disagree to the re
port of the committee, which was adverse
to the bill.
Tlie report was agreed to and the bill
was lost.
To authorize the Tax Collector of Cobb
county to pay over the tax of 1871, to
build a court house; lost.
To incorporate the town of Sharps-
burg; passed.
To amend the charter of Newnan;
passed.
To amend the road laws for Dawson
county; passed.
The Senate bill to repeal act to change
the time of the annual meeting of the
Legislature was read first time; also, the
Senate bill to protect the people of Geor
gia from the illegal issue cf bonds.
Bills on third reading resumed.
To change the time of holding Elbert
and Hart counties’ Supreme Court; pass
ed.
To establish a lien in’ favor of School
Teachers and Physicians; lost.
To empower Superior Court Judges to
appoiut auditors iu cases at law; passed.
To change the time of holding tha Su
perior Court of Macon Circuit; passed.
To require tax collector of Banks coun
ty to receive jury certificates in payment
of tax; passed.
To repeal all local road laws of Brj
county; passed. .
To exempt land in incorporated cities
and towns, when used for agricultural
purposes, from'taxation; lost.
[Continued on page 3.]