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WeeW Cljrttuich’ 1 ESKSS CONSOLIDATED MARCH 17,1877. GENERAL ASSEMBLY. THE SOUND OF THE GAVEL. IS AGAIN HEAKDIN THE STATE HOUSE First Day of the Special Session—Gov ernor Boynton’s ge—The Two Houses Herelve the Election Returns From the Secretary of State. SENATE. (Special to Chronicle and Constitutionalist,) Atlanta, May, 9.—The Senate was called do order promptly at ten o’clock by Senator Polhill, president pro tem. Prayer by the Chaplain, Rev. John J ones. The speaker then announced that the Senate was duly organized and ready for such businesi as may legally be brought before the body. He then ordered the reading of the Governor’s proclamation calling the extra session of the Legisla ture, which was read. Senator Gustin offered the fpllowiog ; Resolved, That the General Assembly -will meet in joint session, at 12, m. to-day. for the purpose of counting the vote and declaring the result of the special election for Governor, held on April 24th, 1883. On motion of Senator Peeples, the reso lution was temporarily tabled in order that the following might be offered : Resolved, That a joint committee of two from the Senate and four from the House be appointed to wait upon the Governor and inform him that this body is now duly organized and ready to receive any message he may have to submit. Passed. Messrs. Peeples and Meldrim were an nounced as the committee from the Senate. The resolution of Senator Gustin was then taken from the table, and discussed by Senators Hoyt, Livingston and Gustin. Senator Hoyt argued that under the Constitution the vote could not be counted and declared until the second day of the session, and read constitutional provisions touching this duty of the Legislature. Senator Gustin argued that the consti tution did not contemplate in this lan guage, a special session, but that under the provisions for calling and holding special sessions, there was nothing in the way of taking such action as that contemp lated in his resolution. The resolution was then put upon its passage and adopted. Mr. Peeples, chairman of the committee appointed to wait on the Governor, re ported that the committee had performed its duty and that the Governor would im mediately communicate with the Senate. A message was received from the House announcing its Concurrence in the resolu tion providing for a joint committee. A message from the Governor was an nounced, and the message taken up and read, as follows: Gov. Boynton's Message. ’ Executive Dkpabtment, State of Ga , 1 Atlanta, Ga., May 9,1883. j To (he General Assembly : A great calamity befell the State in the <’ death of her illustrious citizen, the Hon. Alfctßnder H. BtepWenS; „ „ne exacted office of Magistrate. On the 4th day of March last, after an illness of two weeks, the venerable and distin guished statesman, so dear to every Geor gian, passed quietly away, amidst the sor rowing regret of his people. Receiving official notification as President of the Senate, of the sad event from the vener able Secretary of State, I repaired to the capital in response to his call, served in conformity with the statute, and on the morning of the s:h of March, as required by law, took the oath of office prescribed by the Constitution for the Governor, and administered by the Chief Justice of the Supreme Court, and entered upon the ad ministration of the executive responsibili ties, as prescribed in paragraph 8, section 1, article 5. of the Constitution, which reads as follows: “In the case of the death, resignation or disability of the Governor, the Presi dent of the Senate shall exercise the Ex ecutive powers of the government until such disability be removed or a successor is elected and qualified.” The same distressing public bereave ment imposed upon me the duty of order ing an election to fill the remainder of the term of the deceased statesman and Gov ernor, and of convening the General As sembly to count the votes cast at the said election for Governor, and to install into the gubernatorial office the duly elected choice of the people. The law did not even allow delay until the beloved dead had been laid away in the soil that gave him birth, and that he loved so well; but required that immediate action should be taken, under section 1301 of the Code, which reads as follows: “Whenever a vacancy shall occur in the office of governor by death, resignation or otherwise, it shall be the duty of the President of the Senate, or Speaker of the House of Representatives, as the case may be, exercisng the Executive powers of the government as provide! by the Bth para graph of the Ist section of the sth article of the constitution of this State,to issue bis proclamation immediately upon his as sumption of the duties of the Executive, ordering a special election for governor to fill the vacancy so occasioned for the unex pired term,” etc. And thus before the funeral obsequies, which the edizens of a great commonwealth delighted to bestow upon her honored dead, I issued the following proclamation ordering a special election and calling an extra session of the General Assembly: Proclamation. Georgia: By James 8. Boynton, Governor of said State. Whereas, The law requires immediate action: I have, theiefore, thought proper to issue this my proclamation, ordering that an election be held on Tuesday, the 24th day of April, 1883, in the State, for Gov ernor of Georgia, to fill the vacancy in said office occasioned by the death of the Hon. Alexander H. Stephens. And I do further order, that the General Assembly of Georgia convene in extra ses sion on Wednesday, the 9th day of May, 1883, at the capital in Atlanta, to declare the result of said election, or elect a Gov ernor in case no person shall receive a majority of votes cast. Given under my band and the Great Seal of the State, at the Capitol, in Atlanta, this, the fifth day of March, in the year of our Lord one thousand eight hundred and eighty-three, and of the Independence of the United States of America the one hundred and seventh. James S. Boynton, Governor. By the Governor. N. C. Barnett, Secretary of State. In conformity with this proclamation, an election was held the 24th day of April last, for a Governor, to fill the unexpirei term of Governor A. H. Stephens, and. in fuither conformity with said proclamation, your honorable body has assembled to de clare the result of such election, and in augurate the distinguished citizen who has been chosen by the suffrages of our free and enlightened people to become the Chief Magistrate of the Commonwealth. I trust it will not be deemed unbecom ing in me to express my high estimate of the character and life of the illustrious dead, and my appreciation of the loss to the State and country. Gov. Stephens, take him all in all, is one of the brightest and greatest figures in Georgia’s history. Other men may have surpassed in special domains of thought or action, but no his toric character of the Commonwealth i-> more rounded and complete, more varied in intellectual attributes, more thoroughly equipped with moral excellence and manly virtue, more noble in heroic fibre, more fitted for exalted trust, more continuously conspicuous by uniform and lofty achieve ment. He was a good man, a wise man, a great man He was a great "rator, a great thinker, a great writer, a great statesman, a great actor, a great philanthropist, a great practical exemplar of Christianity. He had genius, and yet was profoundly practical. To the soaring inspirations of his genius he added the twin powers of a sleepless patience and untiring laborious ness. Governor Stephens was, and will be. the most national figure we have ever bad in the State, as effluent as it has been in brilliant and richly endowed men. He has had, in addition, a more world-wide fame than any public man of the Common wealth. The magnitude of such a loss cannot well be measured. The scope and lesson of Mr. Stephens’ Rfejs W jnUtejU, exalting groty OUr State. It is a life that will grow brighter and stronger with the mellowin? influences of time, and in the truthful light of philosophical history. After a long life of service in various and important public trusts, which he filled with such distinguished ability, he was called, by a very large majority, to the of fiee of Chief Magistrate of the State. He entered upon the discharge of his duties with a ripe experience and a varied knowl-* edge of the pub ic wants, and inaugurated a wise and conservative policy in his ad ministration well calculated to advance every interest and industry, protect the rights and promote the prosperity of its citizens. While Providence, by its interpo sition, prevented the maturing of the symmetrical and beneficent plans of this conscientious public servant, yet he left sufficient of accomplished work behind him to evoke the plaudits of an appre ciative people, and entitle him to the grat itude of the commonwealth. The death of Governor Stephens while vested with the executive authority as Chief Magistrate, as well as the illustrious character and services of the deceased, renderedit proper, in my judgment, to adopt every measure to show respect to his memory by the State in his funeral ob sequies. To this end thecapitol was appropriate ly draped in tasteful and expiessive em blems of mourning for the distinguished dead. All parts of the State were inform ed by telegraph of the exercises, and every preparation was made for imposing funeral ceremonies. The expenses of drapery and funeral are regarded as a proper charge upon the State, and I do not doubt that at a proper time you will pro vide for the payment of the same. While your body is under the Constitu tion confined in your deliberations at this called session to the specific object for which you were convened, and I shall therefore not present matter for your ac tion, I deem it not inappropriate to state for your information several cheering facts that demonstrate the prosperous condition of our State finances and furnish matter for congratulation. The resolution of the General Assembly, authorizing the sale of the $160,000 of United States registered bonds received by the State from the purchasers of the Ma con and Brunswick Railroad has been en forced, and a most advantageous sale was made by the treasurer in New York. The bonds brought $180,200 or a premium of $23,2C0 on the bonds for the benefit of the State. The cost of the sale was only SIOO brokerage and the treasurer’s ex penses less than SIOO. This money will be devoted to paying the public debt. In addi tion to this $114,000 of bonds not yet due paid by the purchasers of the Macon and Brunswick Railroad have been cancelled and warrent given for the same. This in cluded $74,500 of the 7 per cent, bonds issued by Governor Jenkins to rehabili tate the State Road, due in 1866, and $39,500 of the 6 per cent. State endorsed bonds of Savani ah and Gulf Railroads due in 1886, 1887 and 1889. The reports of the treasurer show that, in addition to these items, the sum of $367,971 of the public debt of the State, principal and interest, has been paid in the last few months, steadily reducing the State’s debt, and demonstrating the solid integrity of the State’s credit, as well as the advancing value of her securities. Called to the Executive chair under the shock to the public feeling occasioned by the decease of my lamented predecessor, at the very outset, almost, of his adminis tration, though after he had inaugurated a fixed policy, it has been my earnest aspira tion to continue the careful and conserva tive rule he so successfully commenced. That there has been every evidence of con tinued and continuing prosperity in all matters of public welfare during my brief period of executive duty, I am pleased to recognize as testifying to my zealous de sire to conserve the best interests of our great commonwealth. James S. Boynton. By Mr. Hoyt— Resolved, That a commit tee of four from th® Senate and eight from the House be appointed to prepare a me morial of the late Governor, Alexander H. Stephens, to report to the General Assem bly to convene on the first Wednesday in July next. Adopted. Mr. Parks, chairman of the committee appointed to wait on the Secretary of State, reported that that officer would immedi ately lay the returns before the Senate, which was done, and the same transmit ted to the House. The President announced the following as the memorial committee, on the part of the Senate: Senators Hoyt, Tutt, Lamar and Jones. At this point a message was received from the House announcing its concurrence in the Senate resolution to meet in joint session at 12, m., for counting and de claring the result of the special election. Oa motion, the Senate then adjourned to meet at 11.33. Met according to adjournment, and ad journed to 11:50, the House having ad journed to that hour. 11:30-Senate called to order by the President, pro tem., when the body pro ceeded to the hall of the House of Repre sentatives to participate in the joint ses sion. HOUSE. Speaker Garrard called the House of Representatives to order at precisely ten o’clock. Prayer by Rev. J. F. McClellan, Chaplain of the House followed by the calling of the roll. About twenty absentees were noted. The speaker, "after a brief and eloquent address, stating the object of the session, announced that a quorum being present, the House was ready for business. Mr. Humber, of Putnam, offered a reso lutfon that the clerk of the House be in structed to notify the Senate that the House is in session and a quorum present. Adopted. A message from the Senate, notifying the House that the Senate was in session and ready for business, was received. The House concurred in a resolution of the Senate appointing a committee to noti fy Governor James S. Boynton that the General Assemblj is in session, and ready to receive any communication. The Speaker appointed Jordan, of Hancock, Wood, of Walker, and Crittenden, of Ran dolph, a committee to wait on the Gov ernor. The joint committee appointed to wait on the Governor reported that they had discharged their duty and that the Gov ernor would send in his message. A message from acting Governor James 8. Boynton was now announced and re ceived. Oa motion of Mr. Sweat, of Clinch, the message was read by the clerk. On motion of Mr. Crenshaw, of Troup, the House concurred in a resolution from the Senate to count the vote cast in the election for Governor, April 24tb, 1883, at 12 o’clock to-day. Mr. McCurry, of Hart, offered a resolu tion that three hundred copies of the Gov ernor’s message be printed for the use of tbe House. Carried by a vote of 79' to 55 Mr. Harris, of Bibb, offered a resolution that a committee of five from the House be appointed to prepare suitable resolutions upon tbe late Governor S'.ephens, and re port at the session of the Assembly in July. Carried. On motion of Mr. Gary, of Richmond, tbe House took a recess till ten minute® to. twelve. The House re-assembled and was called to order by the speaker. The eo&ffilttfeeof fduri from inate wnd eighth from the House to ■draft a memorial of the late Governor Stephens and report the same to tbe ses sion of the General Assembly in July. Mr. Harris, of Bibb, was allowed to withdraw his resolution adopted by the House in reference to the same subject matter. Mr. Humber, of Putnam, moved a resolu tion that a committee of five be appointed from the House to prepare and report res olutions on the death of Senator B. H. Hill and report to the July session. Car ried. Mr. Wright, of Washington, offered a similar resolution in relation to the late Governor Herschel V. Johnson, In Joint Session. At this juncture the Senate entered with the returns of the election for Governor held April 24 b, 1883. On motion of Mr. Ray, of Coweta, three tellers were appointed, one from the Sen ate and two from the House - Senator George, of Morgan, and Representatives Ray, of Coweta, and Hudson, of Webster. The two Houses in joint session pro ceeded to count tbe votes- tbe vote for Governor being 23,683. Adjourned. The inauguration of Governor McDaniel takes place to-morrow. The Legislature Finishes the Work and Adjourns—Governor McDaniel’s Inau gural—A Strong Paper—All Sereneat the State House Again. SENATE. The Senate met at 10, a. m., President, pro tem, Polbill in the chair. Prayer by Rev. John Jones, Chaplain. Tbe roll was called and all the members answered except those reported absent yesterday. The journal of yesterday’s session was read and confirmed. On motion of Senator Meldiim, Hons. Dupont Guerry and P. W, Martin were in vited to seats on the floor. A message was received from the House announcing its concurrence in the Senate resolution relating to the Governor’s in auguration. Also, that the House bad con curred in the Senate resolution relating to a memorial service in honor of the late Senator Benj. H. Hill. Mr. Livingston, chairman of the joint committee to arrange for the inauguration of the Governor elect, reported the follow ing programme : Joint session of the two Houses in the Repre sentative Chamber at 11 o’clock. Music. Prcceesion made up as follows: Governors Boynton and McDaniel. Chief Justice James Jack bob and Col. N. C. Barnett. Asscciate Justices of the Supreme Court. Ex-Governors of Georgia United States Senators and Congressmen. Judges Superior and United States Courts. State House Officers and Railroad Commis sioners. Mayor and City Council of Atlanta. Ex United States Senators and Ex-Congress men. Ex-Judges. Distinguished citizens from other States. Those invited to take part in the procession are requested to meet in the executive office at 10:30, o’clock, sharp. At the entranc’of rhe precession the joint session will rise and be seated at the stroke of the gavel by the president. Music as the precession enters. Prayer by the chaplain of the Senate. Inaugural. Oath cf office administered by the Chief Justice. Delivery of tbe great seal by Col. Barnett to the President of the Senate, who will hand it to Governor McDaniel, who returns it to the Secretary of State. Benediction by the chaplain of the House. Music. The families of the incoming and outgoing Governors, Justices of the Supreme Court, ex- Governors, State House officers and members of the General Assembly will be admitted on the floor of the House. All other ladies are invited to seats in the gallery where the front seats will be reserved for them. L. F. Livingston, Chairman Senate Committee. T. C. Crenshaw, Chairman House Committee. On motion the Senate took a recess, sub ject to the call of the President. A message was received from the House announcing the passage of a ..resolution providing for a joint committbe'to prepare resolutions commemorative of the life and services of the late Governor Herschel V. V. Johnson, and report at the July ses sion. The resolution of the House was at once taken up and concurred in. The President announced the following as the committee on the part of tbe Senate : Messrs. Smith, Dnßigron and Morgan. The hour for the j lint session having ar rived, the Senate formed in procession and repaired to the hall of the House of Repre sentatives to participate in the inaugural ceremonies. HOUSE. The House assembled at half-past ten o’clock. A great crowd filled the galleries including hundreds of ladies. There were many ladies also seated on the floor of the House. A message from the Senate was received to the effect that the Senate had agreed to the resolution convening a joint session of the houses at 11 o’clock. At precisely 11 o’clock the Senate enter ed tbe House which arose and received it standing. And then the Atlanta Musical Union Band, seated in the front gallery, played a fine selection excellently well. President of the Senate Polhill, then an nounced that the General Assembly was now in joint session for the purpose of in augurating Henry D. McDaniel Governor of Georgia. So much of the House journal as related to joint sessions was then order ed read. Governor-elect McDaniel now entered, leaning upon the arm of Governor James S. Boynton, followed by Senator Colquitt, ex-Senator H. V. M. Miller, ex-Governor Bullock, the State House officialsand other distinguished gentlemen. The procession moved down the aisle to music by the band. Rev. John Jones, Chaplain of the Sen ate, offered up a most beautiful and im pressive prayer; after which Governor elect Henry D. McDaniel delivered his in augural address as follows: Inaugural Address. Gentlemen of the General Assembly and fellow-citizens—The occasion for this as semblage suggests the recent loss of the State and of mankind in the death of Mr. WEDNESDAY MAY 16, 1883. Stephens, term in the '-ffiie of Governor, I nave been called to fill. More who ever lived, he deserved to b«*-Mimed “The Great Commoner.” l|OM||frined tbe illustrious men, whose plaeajuthe hearts of the peo ple cf expressed in the adornmenWwthis Representative hall. His is the price less heritage of countrymen. In assuming ths duties from which Di vine Providence has removed him, I desire to express my greatful thanks to the people for this mark o<qehfidence and esteem. I cannot hope to" bring to the discharge of these responsible duties the varied ex perience, profound knowledge and con summate wisdom, ; wMoh characterized him. But I may hope to exhibit the same devotion to all the Interests intrusted to my care. ’ The of our gov- : A as %§■ Federal rela- the" Constitution. 3T«ee'd ndt repeat them to this assemblage, composed of those who enact laws, and those who interptet them, and those who execute them, and Intelligent citizens, who are accustomed to observe, and to judge impartially, the manner of performance of official duties. Our chief concern is not with these maxims which are the results of the revolution and development of cen turies, and which are familiar to all, but with measures of administration, designed to carry them into effect. The office of government is to main tain order, to suppress crime, and to in sure to all the fruits of honest labor, and the undisturbed pursuit of happiness. It can never be perfect or finished. New conditions constantly require appropriate legislation. Laws, wise in origin, and wholesome in operation, lose fitness in the changes incident to modern progress, and must be modified, or yield to other meas ures, better adapted to the emergency. Diversities of interest tend to produce di versities of opinion in matters of State policy. These conflicts of opinion are real and confront us in every detail of legislation. But there is no real conflict of interest be tween various classes of the people—di verse as may be their occupations. What is wholesome for one class cannot be hurt ful to another; and what is hurtful to one must result in injury to all. It is a com mon mistake that the prosperity of one class depends on laws enacted for its spe cial benefit. Legislation will not supply the want of those qualities of industry, thrift, skill and prudence on which rest alike private and public prosperity. What is neeeed in legislation is that it shall be just to all classes, imposing no burdens that are not equally borne by all. Within these limits the administration will be best which is felt least by the people. Taxation, from the sovereign nature of the powers exercised, is the most important subject of State policy. It is felt in every household. When burdensome, it crushes the weak and clogs the efforts of all who endeavor to improve their fortunes. No free people should long submit to unjust systems of fixation, which can be reme died. Experience teaches how difficult it is to carry into effect the wholesome pro visions of our constitution, that taxation shall be equal and uniform, Much has been done to perfect the system, but much remains to be done. This must be left to to the skill and patriotism of the Legisla ture, applying the lessons of the past to the conditions of the future. Besides improvements in tax laws, de signed to thoroughly distribute public burdens, a policy to be patiently and per sistently pursued, it is our duty to main tain the present low rate of taxation, and to reduce it if it can be done without crip pling the resources of the treasury. It is true that our credit is equal to that of any State in the Union; that we annually re duce our debt; that we might pay it off within a reasonable time by sales of public property; that our pride in the financial condition of Georgia is justified by tbe increasing wealth and prosperity of the people. But these advantages should not inspire merely a feeling of satisfaction and pride; we must use them to the utmost as a means to effect these desirable results. To accomplish this, economy in expense must be rigidly enforced. The public can no more hope to keep money in the treas ury without discriminating economy than individuals in their private business. There may be many worthy objects for which expenditure of public money would nreve beneficial were our resources un limited. The constitution does not leave us in doubt as to what are legitimate ob jects of expenditure. These are plainly expressed, and comprehend brief the sup port cf the government in all its depart ments, the support of the public institu tions for the care of the helpless classes, the support of the public schools, the pavment of the public debt, and the public defense. For these objects wise economy will require as much to be done as the State can do without burdening the people—no object, save the public de fense, will justify an increase of public burdens. A State of abounding territory, rich, in climate, in soil, in minerals, in forests, in water power and in harbors; blessed with a variety of crops and fruits unequalled in any country of like extent on the globe; traversed by nearly three thousand miles of railway, with a teeming population eager to place her in the front rank of American States,in agriculture, in commercein manu factures and in all that manifests the pro gress of a great people—surely the task of rightly governing such a commonwealth requires the wisdom and patriotism of all her sons. I take courage in the fact, that all the departments of State government, although distinct and independent, are wisely burdened with a share of the du ties, upon the discharge of which depends the common welfare. These vast interests will not rest on the Executive alone So far as my power extends, the laws will be rigidly enforced, and all officials will be held to a strict accountability. I may often commit errors of judgment-never inten tionally wrong. Nor are legislative, judi cial and executive officers alone responsi ble for the enforcement of law and wise administration of public affairs. All citi izens owe a duty to the country in sustain ing and assisting, and defending the work of their servants in office. Public opinion, in a free State, is all powerful. It can de feat the execution of every vital law—such as laws to preserve the purity of elections, upon which depends the very life of the State, laws for the suppression of crime, without tbe vigorous execution of which government becomes a farce; and all laws for the preservation of society. No wisdom in the counsels of the Legislature, no dig nity and purity and learning on the bench, no vigilance and firmness on the part of the executive will prevail against the bane fu! effects of a lax public opinion. Let us resolve, each in his appropriate sphere, to contribute all in on* power to promote the happiness and prosperity of all the people of the State, by insuring to them the impartial execution of just laws. For all mistakes, I trust to your forbear ance and to the indulgence of the public, whose opinions are the final test of official conduct. With a painful distrust of my ability, but with a firm reliance on your assistance and in that of a higher power, whose presence in our affairs is reverently and earnestly invoked, I am now ready to assume the duties to which I have been elevated by favor of the people of Georgia. The address was spoken in a distinct voice, with great dignity and effectiveness, holding the great audience in profound attention from beginning to end. The address was greeted with great ap- plause. Chief Justice Jackson then ad minhtered the oath of office, after which President Polhill committed to him the Great Seal, and declared Hon. Henry D. McDaniel Governor of Georgia. Chaplain McClellan, of the House, then pronounced the benediction, alter which she band played Dixie amid tumultuous applause. On motion of Senator Gustin, cf the 23d, the joint session of the Genera! As sembly was dissolved. Governor McDan iel and escort passed into the Executive Office, where the Chief Magistrate was called on and congratulated by hundreds. He received all most cordially—making a fine impression upon the people by his easy address and dignity of manner. Mr. Ray, of Coweta, offered a joint reso lution that the General Assembly adjourn at 1 o’clock to re assemble the first Wednes day (the fourth day) in July next. On motion of Mr. Wimberly, of Burke, the House took a recess of fifteen minutes - The recess over,'and there being nothing else to do, the House adjourned at half past twelve to reassemble in July. The committee to prepare resolutions for the July session on the death of Governor Stephens are N. E. Harris, of Bibb; E. F. Hoge, of Fulton; B. F. Moore, of Talia frrrro; J. T. Jordan, of Hancock; C. R Pringle, of Washington; J. E. Redwine, ot Hall; H. C. Jones, of DeKalb, and W. W. Brooks, of Floyd, from the Horse. Committee on Senator B. H. Hill: R. C. Humber, of Putnam; W. T. Gary, of Rich mond; Robert Falligant. of Chatham; E H. Beck, of Lumpkin, and Thos. E. Wat son, of McDuffie. Committee on Ex-Governor H. V. John son; H. G. Wright, of Washington; W. A. Lofton, of Bibb; J. M. Dupree, of Macon; H. A. Jenkins, of Patnam, and James Stapleton, of Jefferson. Richmond. DODGE CITY. KANS »S,IN THE HANDS OF DESPERADOES. Gamblers and Ruffians Capture the Town and Governing to Suit Them selves—Suppressing Press Facilities and Running Citizens Out of the Villa —•Life and Property in Danger—Mar tial Law to be Resorted To. (By Telegraph to the Chronicle.) Kansas City, May 9. —For ten days a re markable and startling state cf affairs has existed at Dodge City, Kansas, and all mention thereof has been kept quiet. Several prominent Kansas City attorneys left to-day for Topeka, to petition Gov. Glick to place the town under martial law. The trouble is the culminatiju of long standing feuds between two elements in that place. Dodge City has long borne the unenviable reputation of be ing a hard town. It is one of the few points in Kansas where saloons are run openly and gambling is legitimate. It is also the headquarters of the cowboys and cattle men of the vicinity. Before the last city election the mayor was a man named Webster, proprietor of “The Dive,*’ half of which is a saloon and half a gambling house and variety hall. He was the representative of the lower element of the sporting fraternity. The head of tbe other faction was W. H. Harris. This ele ment was more peaceable, but there was a bitter feeling between the two. At the election for mayor Harris was beaten and DeGue, Webster’s candidate, elected, and since then it has been conceded that Harris would be driven out of the place. Ten days ago a man named Short, who is a partner of Harris, and a police offi cer, had a shooting affray, but neither was hurt. Short was thrown into j ail, although the evidence show ed he was fired at first. Later five gamblers were arrested and lodged in jail. That night a vigilance committee was formed with Tom Nixon, the proprietor of one of tbe most notorious dance houses in the west, at its head. This crowd re paired to the jail and notified the prison ers they must leave the town in the morn ing. In the meantime, vigilants took possesion of the town. Newspaper correspondents were notified that they must not send telegrams.— A body of armed men watched the the arrival of each train to see that there was no interference. A lawyer from Larn ed, who was sent for by one of the prisoners, was met by the vigilante who leveled guns at hie head and told him not to stop. The next morning the gamblers were put on the west bound train and Short left for Kan ess City where he ie now. Dodge city is practically in the hands of vigilante and the situation is more serious from the. fact that the mayor is acting with them. It was he who noti fied the prisoners that they must leave the town. The incoming trains are still watch ed and armed men guard the town,while a list of others who will be ordered away is being prepared. THAT TONQ.UIY TROUBLE. France Assumes Control —Troops to tbe Scene. (By Cable to the Chronicle.) Paris, May 9.—M. Conrad to-day in formed the committee of the Chamber of Deputies on the Tonquin expedition, that 4,oooAnnamite or Chinese troops attacked Ha Noi, the Capital of Tonquin, on March 20th, but were repulsed by the French. He also stated that Capt. Keragardic bears a letter from President Grevy informing the King of Annam that his inability to assure the security of Tonquin compels France to establish herself definitely there. The letter ad vises the King not to resist, invites him to recognize the protection of France, and guarantees the integrity ot his dominions. M. Conrad added that the French would collect taxes in Annam and instal officials who were devoted to France, and the occu pation of Del would lead to the possession of the whole province. The reinforcements leaving France for Tonquin includes 3 batteries of mountain artillery. ’fhe committee has adopted a report in favor of the credit proposed by the government for the ex'enses of the expedition. It is stated that Capt. Kergaradic, the French envoy to Annam, will be recalled and an other envoy sent to re place him. Two thousand Chinese troops have been dis patched in direction of Tonquin. « XOT GUILTY .” Thompson's Plea on Arraignment Yei terday. (By Telegraph to the Chronicle.) Habbodsbueg, Kt., May 10.—When 12 jurors had been accepted and were about to be sworn in yesterday in the Thompson murder case, the counsel for the prosecu tion asked that the jury be sent out of the court room while he made a statement. The jury retired, and the counsel stated that he had ascertained since the ac ceptance of the jury that one of its number, Theodore Bank, was under indict ment in this court for shooting with intent to kill, and asked that he ba excused from serving. The court granted the request. The defense noted an exception to the rul ing. Another jaror was accepted. Hon. Phil B. Thompson, Jr., the defendant, was arraigned and pleaded "not guilty,” and the opening statement of the case was made by the counsel for the prosecution. THE WHEAT PROSPECT AS REPORTED Tt» THE DEPART MENT OF AGRICULTURE. Cotton—Tbe Planting of tbe Staple Late—Otber Yews From Washington About Political Persons and Things. (By Telegraph to the Chronicle.) Washington, May 10.—The May returns of wheat to the Department of Agricul ture make the condition, as compared with the April averages, materially lower in New York and Michigan, and in Ohio and Illinois fuither injury was brought on by the frosts early in April, and in the more northern districts the real damage by the March freezing was more fully dis closed as the covering of snow and ice disappeared. The average for these States is: New York 77 Michigan 82 Ohio 62 Illinois 66 A further loss is suffered by the plowing up of large areas in Ohio and Illinois. A reduction in Missouri from 83 to 80 is also reported. In Indiana the condition averages 75, and New Jersey reports 101 both the same as in April. All the remain ing northern States show an improve ment since the April report, as well as the Pacific coast, and nearly all the Southern States. In the latter two classes the aver ages are: Connecticut 96 Pennsylvania 95 Delaware 85 Maryland 99 Virginia 97 North Carolina 96 South Carolina . .... 93 Georgia 97 Alabama 98 Mississippi 92 Texas 87 Arkansas 86 Tennessee 88 West Virginia 90 Kentucky 81 Kansas 91 California 77 Oregon , 72 This is an improvement of 15 points in California and 17 in Oregon. The average condition of winter wheat is 83J£ against 80 in April. A loss in area from replanting in the other crops may be assumed to reduce the prospect of April Ist. In 1879 and 1883 the general aver age was 99; in 1881 it was 88, and in 1882 it was 102; in May of last year, 100. In the former years there were no May re turns. Two years ago the average declin ed to 80 in July. Last year it increased to 104 at the time of cutting It should be understood that in the department reports of condition, 103 means a medium growth with a full stand and a healthy plant. The Ohio and Illinois reports compare with last vear’s crops thus : Ohio reports for May 56 compared with last year, and 62 com pared with an average crop. Thesprinz wheat area will not be com plete till May 15, and will be reported on June 1. The statistical agent fox Dakota makes a probable increase of 30 per cent. The agent for Minnesota reported 86 per cent, of last year’s area already planted. An increase of 15 per cent, is reported in Washington Territory. It is not probable that the increase in the spring wheat area will moie than make good the loss of the winter wheat acreage, without regard to thespring wheat breadth. A dispatch from the London statistical agent, under date of April 28th, reports an improvement in European wheat pros pects during the last month. The severity of March was followed by three weeks of dry weather, which was succeeded by one week of invigorating rain. • The season is still backward, and a higher temperature is needed. The small area of spring sown wheat in England is thin, and much of it will be displaced by barley. In France and Germany rain is needed and a higher temperature necessary. With reduced acreage in Western Europe and some in jury from freezing in March,a reduced crop appears to be inevitable. In Austria and Hungary the prospect is favorable for at least a medium crop. Cotton. Returns of the progress of cotton plant ing show that work to be later than usual in every State, and indicate that on May the first 74 per cent, of the proposed area was planted, when the usual proportion is said to be 84 per cent. In Virginia and North Carolina it was very late. Tbe percentage planted were: Virginia .15 North Carolina. 35 South Carolina..’ 75 Georgia 75 Florida 96 Alabama 83 Mississippi 82 Louisiana 81 Texas 75 Arkansas 72 Tennessee 67 The Chief Examiner at Last Chosen. The President to-day selected Chas. Lyman, chief clerk of the United States Treasurer’s office, to be chief examiner under the Civil Service Comission vice Dr. B. Randolph Keim, withdrawn. Keim’s letter of withdrawal was handed to the President to-day and Lyman’s commis sion was at once issued. Lyman, who has for a long time been identified with the civil service reform, was an active member of the Civil Service Board appointed by Gen. Grant. He served in the army during the war of the rebellion and made a good record. He was appointed to a clerkship in the Sec ond Auditor’s office, Treasury Depart ment, in 1864, and was subsequently promoted to be assistant chief of the stationery division, and in 1877 was made chief clerk of the Treasurer’s office, which latter position he now holds. He will undoubtedly accept his new appoint ment. Introducing Witnesses Again. At the opening of the Star Route trial, to-day, Judge Wylie referred to a remark of his yesterday.in response to Wilson, who was then speaking for the defense, which remark implied censure upon Charles P. Blacknaar,. post office clerk, who was one of the witnesses, Judge Wylie said that such censure was undeserved, and his remarks should properly apply only to Rerdell, with whom Blackmar’s name was coupled in regard to a proposal from Rerdell to use his right to challenge jurors in favor of the government. The counsel for the defense declared the court was now in error and that the evidence showed a positive bar gain between Black mar and Rerdell to carry into effect Rerdell’s proposition. Judge Wylie replied that the evi dence showed that the proposition was Rerdell’s alone and had met with no response from Blackmar. The argument was interrupted by mutual consent, and Blackmar was permitted to testify upon the point at issue. He said Rerdell’s proposition had been communi cated to the government, but that they had refused to have anything to do with it, and Blackmar made no reply to Rerdell, con sequently no arrangement such as was charged by the counsel for the defense was ever made. Blackmar was cross-examined by Ingersoll, who also endeavored to have Boone and Dorsey recalled, but the court refused to hear anything farther on the subject, and Wilson proceeded with his argument. TERMS—S2.OO A TEAR GEORGIA RAILROAD CONVENTIO • A Meeting Which Was Not a Meeting-. No Quorum of Shares—Election of the Ohl Ticket—What the President Re ports. The annual convention of the Georgia Riilroad stockholders was to have been held yesterday morning at the office of the Augusta Factory, President C. H. Phinizy called the convention to order, and ap pointed Messrs. J. H. Alexander, Thomas Ooskery and C. G. Goodrich as a commit tee on proxy and election. After exam na tion the commitee reported the number of shares represented in person and by proxy, a total of 17,824. A quorum of the stock being 21,001 shares, no business could be transacted except the election o r officers. The point of the confirmation of the min utes of the last meeting being raised, it was decided that not even this could be done at this meeting. Before taking the vote the President stated in behalf of Gov. McDaniel that in view of the public rela tions recently assumed by that gentleman, the latter had thought I est to decline a re-election of director. At the same time the President stated that Gov. McDaniel was one of the most valuable members of the board; that the position of director could not interfere with his public rela tion to the company, and he hoped the stockholders would re-elect him. A direc tor who resigned his position did not part with his interest anyhow. The following ticket was then unani mously re-elected: President -C. H. Phinizy. Directors—M. P. Stovall, Stevens Thomas, Josiah Sibley, John Davison, John H. James, J. H. Alexander, H. H. Hickman, D. N. Speer, James S. Hamilton, L. M. Hill, George Hillyer, Wm. M. Reese, Joel A. Billups, H. D. McDaniel, N. L. Hutchins, Ferdinand Phinizy. The election was then announced and the meeting, not being a meeting, could not even adjourn, but dissolved. The forty eighth annual report of the president and directors of the Georgia Railroad and Banking Company is pre faced by the following: Jo the Stockholders'. The accompanying statements of the cashier will exhibit the details of the busi ness of the company for the past year, and its present financial condition. By these it will appear that the income and expenditures have been as follows : Rental and interests6ol,sß9 57 Net earnings of bank 41,224 77 $62314/34 Paid dividendss43o,soo 00 Lessee on on account previous management 2,448 80 Old bank circulation redeemed.. 100 85. Old account charged to profit and loss 682 56 J. B Lambert, suit for w00d.... 50 00 Interest on bonds this empany.. 142,355 00 * “ “ Macon A”g. Bd 20,580 00 Injury to persons 1,615 00 Taxes legal and incidontal ex- penses 16,300 35 Balance 28,181 78 •642,214 3' During the yea* company has sold "-3 at six per cent, premium one hundred thousand dollars of six per cent, bonds, which’will mature January 1, 1922. Fifty two thousand dollars of the proceeds have been used to pay the same amount of ma tured seven per cent, bonds, and the re mainder is held to meet bonds maturing in July of this year, and in January, 1884. In compliance with an agreement enter ed into with the Central Railroad and Banking Companv at the time of the joint purchase of the Western Railroad of Ala bama, the latter has been incorporated under the laws of Alabama, with a capital stock of three million dollars, and script for one-half that amount—one million five hundred thousand dollars—issued in name of and delivered to this company. This adds nothing to the value of the property, but simply changes the manner of owner ship. The regular business of the bank has been quite as large as last year, although the net earnings are smaller, in conse quence of a large volume of accidental business transacted during the year end ing in March, 1882. which did not exist this year. Respectfully submitted. C. H. Phinizy. Then follows the comparative statement of the earnings of the company for the fis cal year ending 1882— March 31, net earnings.. .$477,339 24 1883— March 31, net earnings... 482,543 99 Income March 31, 1882 $653,986 09 Income March 31, 1883 642,814 34 Decrease, income.' 11,17175 Expenses. March 31, 1882 176,616 85 Expenses March 31, 1883 160,270 35 Decr’se, expenses. 16,376 50 Net increase 5,204 75 Decrease In Income, Transportation de partment divid’s and interest,lßß2s6o2,22l 57 Transportation de partment divid’s and interest,lßß3 601,589 57 Banking departm’t, 1882, .... 51,764 52 Banking departm’t, 1883 41,224 77 Total decrease of income 911,171 75 Decrease in Expenses. On account personal irjuries 913,167 15 On account inciden- tals 1,150 53 On account attor- ney’s fees and costs 1,289 27 On account State and city taxes.... 1,109 55 Increase interest on bonds 340 00 Total decrease of expense $16,376 50 m ► • - —■ NOVEL FIRE. A Gas Stove Explod's Aboard a Moving Train With Serious Results. (By Telegraph to the Chronicle.) Cedae Laks, Ind., May 10.—Last night, shortly after the train bound for Chicago, on the Louisville, New Albany and Chica go Road bad passed this station, a gas stove in the baggage car exploded, setting fire to the car. The wind was blowing at the rate of sixty miles an hour and the train was running at the rate of thirty. The clothes of a newsboy in the baggage car caught fire while he was attempt ing to suppress the flames and he jumped from the car. The express messenger also attempted to extinguish the flames and received serious injuries. The bell rope burned so that no communi cation could be had with the engineer. When the flames burst from the car, the engineer saw the trouble and stopped the train. The car was filled with the passen gers’ baggage, express and mail matter, all of which was consumed. There was no means of extinguishing the fire on the train and it had to be allowed to burn it self out. The delay was nearly four hours