Newspaper Page Text
s
‘Southern Kecordor” and “ Federal Union’
consolidated.]
MZLtBsaamu, »a
THE GENERAL ASSEMBLY*
7roeeedinn of Both Branches
[From th« Atlanta Constitution.]
SENATE.
Wednesday, January 13,1874.
Tho senate was called to ordor at 10
o'clock by C. J. Wellborn.
Boll called and a quorum present The
new members were sworn in by his hon
or Judge Hugh Buchanan.
PRESIDENT OF SENATE.
The secretary announced that the next
business in order was the election of pres
ident
Hon. John W, Wofford announced the
p°me of T. J. Simmons, of Bibb, as a can
didate.
jii. J. G. Cain announced the name of
Hon. llufus E. Lester, of Chatham.
Upon counting out tho votes it was as
certained that Hon, T. J. Simmons had
received 24 votes, and Hon. R. E. Lester
13 votes, when Mr. Simmons was declar
cd duly elected.
Hon. William E. Harris moved that
committee of four bo appointed to wait
on Mr. Simmons and notify him of his
election.
The secretary appointed Messrs. Har
ris, Lester, Winn and Gilmore the com
mittee.
Upon taking tho chair, Mr. Simmons
addressed tho senate in a few very appro
priate and patriotic remarks
SECRETARY.
- Tho president announced that the elec
tion of secretary was next in order.
Mr. J. W. Wofford announced the
name of J. W. Murphy, of Harris, as
Candidate.
No other names being announced, up
on counting out the votes it was ascer
tained that Mr. Murphy had received 43
votes, and was declared secretary of the
senate and was sworn in, and Sir. Wei
bom ns assistant.
MESSENGER.
The election of messenger
nounced as being in order
Mr. C C. Kibbee announced the name
of A. J. Cameron, of Telfair.
Mr. Rutherford announced the name
of J. D. Moie, of Taylor county.
Upon counting out the vote it was an
nounced that A. J. Cameron had receiv
ed 40 votes, and A. J. Moie 2, whereupon
Mr. Cameron was announced as being
elected.
DOOR-KEEPER.
The election of door-keeper being next
in order, the following nominations were
made.
Jamos Simmons, of Pickens; W. H
Roberts, of Baldwin; J. B. Cumming, of
Bibb, and T. W. Dodd, of Polk.
Upon counting out the vote J. B. Cum
ming was declared elected.
President protem being next in order,
Mr. Harris announced the name of Hon
Rufus E. Lester, of Chatham, as a candi
date.
Upon counting out the vote, Mr. Les
ter was announced as being elected, hav
ing received 42 votes.
Mr. Kibbee—Resolved, That «11 regu
lar reporters for the press be invited to
seats in the senate, and that the messen
ger provide them with desks. Taken up
and adopted.
Mr. Kibbee—That a committee of three
be appointed to wait on the house and
notify them that the senate has been or
gamzed and is ready for business. Tak
en up and adopted.
Mr. freeman—That a committee of
three be appointed to procure the servi
ces of a chaplain to open the daily ses
sions of the senate with prayer. Adop»
ted.
DRAWISG FOR HEATS
being next in order, members proceeded
to draw for same. .
Mr. Kibbee moved the secretary have
printed one hundred copies of the rules
for the government of the senate and
committees with a list of the members.
Adopted.
The following named gentlemen were
appointed a committee to provides chap-
liin: Messrs. Freeman, Chastain and
Hester.
Mr. J. A. Blance moved that the sen
ate take a recess of half an hour. Adop
ted.
Senate met at 124 o’clock, and the
house not having organized, on motion
of Mr. Harris, senate adjourned until
10 o’clock Thursday morning.
HOUSE.
In accordance with the provisions of
tho law, the members of the House of
Representatives were called to order at
10 o'clock a. a., by L. Carrington, Clerk
of the last House.
The roll was called and the oath ad
ministered to the members by Judge R.
P. Trippe, associate judge of the Su
preme Court.
ELEC'ION OF SPEAKER.
Mr. Sbewmake moved that the house
proceed to the election of a speaker.
Mr. Hoge nominated Hon. Thomas
Hardeman, of Bibb.
Upon counting the ballot it was found
that Hon. Thomas Hardeman had re-
ceived 158 votes, and was therefor© de
clared elected.
On motion, a committee consisting of
Mr. Rankin, Mr. Bacon and Mr. Ander
son, of Bibb, was appointed to wait upon
Mr. Hardeman and inform him of his
unanimous election as speaker.
On taking the chair Mr. Hardeman
was greeted with applause.
He addressed the House in substance
as follows:
Gentlemen of the House of Jlepte
aentatives: This distinguished mark of
your confidence commands my mostgrate-
fal acknowledgements. Upon entering
upon the duties I am called to, I will
bring to their performance an earnest
-desire to discharge them withont fear,
favor, or affection. The interests of the
-state have been confided for two years to
•our hands, and let us see that they do
not suffer by our negligence, or hasty
legislation- I trust that this is a work
ing body, and not a talking body, and
trust to set yon an example in this res
pect. I now declare this honse open for
business. [Great applause.]
ELECTION OF CLERK.
Mr. Walsh nominated L. Can ington
for clerk.
Mr. Speer nominated J. L. Sweat foi
clerk.
Upon counting the ballot it was ascer
tained that J. L. Sweat received 121
votes, and L Carrington 39, and he wa.
declared elected.
SPEAKER PRO TEJf.
Upon counting the vote it was ascer
tained that Mr. Bacon received 148 votes,
•11 that were cast, and he was declareo
elected.
MESSENGER.
Nominations for
Bounced in order. <
Mr. Thomas West of Hancock; J. R
Smith of Coffee; J. M. Brown of Mitchell
W B. Jones of Troup; E. D. L. Moble
of Cobb; T. C. Leslie of Bibb; J. G
Pounds, T. J. Baker, W. McMillan, W.
JL Her* V. W. parkin* J, L.
0. F. Gibson, B. H. Adair, Carr—Graham
were placed in nomination.
Mr. Graham of Dade, moved that the
election of messenger and door keeper
be by ballot, but it was ruled to be out
of order, and tho, house balloted viva
voice.
The, lint ballot stood : Jones, 66 ;
Smith, 40; Mobley, 8; Brown. 13; West,
5; Leslie, 3; Pounds, 4: Harp, 3; Gibson,
2; Graham, 4; Waters, 5; Adair, 1, and a
number of others ono each.
West and Smith were withdrawn, and
the votes were changed until Jones recei-
i ved 90, and was declared elected ; 161
votes were cast; necessary to a choice
81.
DOOR KEEPER.
B. H. Miller, Capt. Mosely, P. B. Mc
Curdy, F. M. Mason, J. \V. Davis, J
Robinson and others were put. in nomina
tion.
The result of the ballot was as fol
lows ;
Miller 84, Mosely 10, Eubanks 8, Ma
son 8, Paleothorpe 6, Davis 6. Travis 5.
Turner 4, Mitchell 4, Porter 3, Hughei
3, Caudle 2, Robinson 2, McCardy, Mor
I ris, Johnson, Thompson, Parker one
each.
Mr. Miller was declared elected.
CHAPLAIN.
Mr. Anderson, of Cobb, offered a reso
lution that the Speaker appoint a com
mittee of three to select a Chaplain, to
open the house with prayer.
Mr. Jones, of Burke, offered as a sub
stitute that the speaker at his convenience
appoint a chaplain, which was agreed
to.
HEADY FOR BUSINESS.
Mr. Calhoun, of Fulton, offered r reso
lution that the clerk notify the senate
that the house was organized and ready
for business, which was agreed to.
Mr. Glisson offered a resolution that
the speaker appoint a committee of three
on the part of the house to act in con
junction with a committee on the part of
the senato to wait on Gov. Smith and
inform him that both branches of the
General Assembly was organized and
ready to receive any communication from
him, which was agreed to.
The speaker appointed as a said com
mittee : Messrs. Glisson, Warner and
Furlow.
Mr. Chappell offered a resolution that
members 55 years of age and upwards be
allowed to select their own seats in the
hall.
Mr. Tumlin offered as a substitute that
the House proceed in the usual manner
to draw for seats, which was agreed
to.
On motion of Mr. Bacon, the house
adjourned until 10 a. m., Thursday morn
ing.
GOVERNOR’S MESSAGE.
ported by proper vouchers. The exam -jj rer present an exaggerated stateunat of
ination of these vouch, r - if produced. < the cost of the road, through its various
would necessarily have involved an in-! items of expenditure. A aiming that
spection of tho books and papers of the ; we are able to liquidate the bonds and
agent. A settlement having been thus outstandings' liabilities during the corns
refused, the Attorney Geperal requested i ing year with the assets in hand, which I
to be furniahed with information in refer
once to the bonds which had gono into
the .possession, of Messrs. - Clews A Co.,
and which had not been’ returned by
them to the Treasury. This request was
also refused. It is rumored that this
firm has recently been adjudged bank
think can be done, or nearly so, having
thus no debts, the amount of stock paid
in should give the coBt of the road. This
will simplify the matter very much. The
stock list gives not quite $800,000 in
round numbers. Wo have, then, for this
sum of $800,000. a first-class road fifty
nipt, and it is now hoped that snjisfac- miles long, equipped and running, to-
tory information in reference to the State i gather with seventy miles additional
securities in its possession may be ob
tained at no distant day.
By reference to the report of the Bond
Committee, made to tho Legislature at
the summer session of 1872, it will be
seen that, in ad lition to the bonds de
dared void by the act. approved August
23,1872, Henry Clews & Co., also hold!
of 1870. The amount of money paid in
and invested in good faith by the stock
holders will cover the first indorsement
fully, but not the second.”
The Legislature acting upon this testi
mony as reported by the Bond Committee
adopted the resolution to which reference
'has already been made, recognizing the
validity of said indorsement*. It eannot
reasonably l>e supposed that either the
committee or the Legislature were advis
ed of the cost of the road, as set forth in
the letter of the President accompanying
this communication. The cost of the
equipment of the road fcannot account for
readv for the iron rails, clear of iocnm- the discrepancy between the amount of
brauce or debt of any description. De
ducting $200,000, as cost of the seventy
miles of grading, we have $12,000 per
mile as tho average cost of the fifty miles
of running road—an extremely low fig
ure for (this) description of road."
From the foregoing statement of the
the cost of the road as stated in the Pres
ident’s letter and estimate, and the cost
of the same as set forth in the testimony
of himself and the three “New York Asso
ciates ’ before the bond Committee. And
as to the amount claimed to have been
paid in by the stockholders, it is not to
be supposed that the committee had ex
amined the stock book and minutes of the
$800,000 of currency bords, issued under j President of the company, it appears
the act of August 1870. There is reason to that, so early as February, 1866, as much .
believe that, notwithstanding the action of j as fifty miles of the road was fully com ■ company. These books now m the hands
the Legislature declaring these bonds in- pleted and in running order, at a cost of • of the Receiver, have been searched in
valid, this agent has transferred, or in
some other way converted the same to
his own use. To prevent the injury to
$12,000 per mile, and that in addition ; Vidu * or evidence that any stock whatever
thereto seventy miles had been graded at I was actually subscribed and paid m by
* . _ a cost of $200,000 and was ready for the individuals, after tne grant of aid by the
the public interest likely to result from superstructure, and that the property of . State.
any unauthorized or unlawful negotiation the company was “clear of incumbrance ■ It will not be expected that I should
of our securities, I would suggest that or debt of 'any description." So far, it P aQ8C to comment upon these and other
all the bonds recognized to be legal and appears that the road had been construe- tacts of equal significance disclosed by
binding on the State, issued during the ; by individual enterprise alone. examination made into the affairs of
late administration, be withdrawn from j The act of 1866 already referred to, ' . the company. I feel it to be my duty
circulation, and that other bonds of simi- j granted the aid of the State for the com- however, to recommend that a thorough
lar amount and of proper tenor and of-1 potion of the road on the following terms: investigation be made, to the end that
feet, b© issued in lien thereof. This ae- that is to say, the Governor should place 1 ^ ko ascertained whether the lav*
tion would, in my judgment, be beneficial : the indorsement of the State on the bonds under which the company procured the
to the public credit, and would effectual-! Q f t he company to be issued, to the s indorsement hss been complied
ly protect the Treasury against imposi- ; amount of $10 000 per mile for the por Wlth or n ; )t If lt ®P°“ ld . »PP«"; “ at the
tion and fraud. i tion of the road then already completed, company “ 3 ®. < l°™P ied with the law, and
There being no reason to believe that [ and t be amount per mile for evorv ia9 thus entitled itself to the State s m-
the railway companies, whoso property j additional ten miles, as the same was dorsement, justice to the holders of its
has been taken possession of by the State j com pleted and put in running order; up- i indorsed bonds demands that the obliga
tor non-payment of interest, will be able ! on condition, however, that before any Ron should be acknowledged at once. If,
to make any arrangement to resume pos- j such indorsements weie made, the Gov-1 0,1 ^ 10 °* nei " hand, it should be shown
' ernor should “be satisfied that as much ; that the company lias not placed itself in
of the road as the said indorsements shall j a position to claim said indorsement and
be applied for” had been really finished ' tbat the same ha « been ^legally obtained,
and equipped, and that the road was free
from every incumbrance that might en
danger the security of the State.
On the day after the approval of the
act just referred to, a series of resolu
tions explanatory of its provisions was
Tho University i8 reported to be in %
prosperous condition, and the devotion
of the students to their studies, during
the last collegiate year, is highly cqgi-
mended. The number of new students
received tho present year has exceeded
anything in the experience of the past
I invite attention to the report of the
Board of Visitors, who attended the ex
amination of the Senior Class, prior to
the last commencement. This report is
very full, and the thoroughness with
which the board discharged its duties re
fleets great credit upon its members. At
tention is called by the board to a defect
in the law prescribing its duties. Th«
law requires no more than that the board
shall “attend the University examinatioi
preceding the annual commencement
and report to the Governor the char&cte.
of such examination." The power?
given to the board are not broard enough
to give value to its reports. Authority
should be given to extend its inveatiga
tions to every matter affecting the intei
est of the University. It is thus on!
that the report of the Visitors can h
made a channel through which the Gen
aral Assembly may receive trustworthy'
gratuity by the Legislature to any sec*,
tariau corporation or association. It is
hardly necessary to add that the spirit,
if not the letter, of this constitutional
provision would be violated by continu
ing the appropriation under considera
tion to this institution. But recogniz
ing the duty resting upon tho public to
provide for tho education of the colored
people, I respectfully submit the views
expressed by the State School Commis
sioner on this subject, with tho recom
mendation that they be favorably consid
ered by the General Assembly.
DEPARTMENT OF AGRICULTURE.
t transmit herewith the first annual re
port of the Commissioner of Agriculture.
This department was created by the act
approved February 20, 1874, but the
Jommissioner was not appointed until
the 26th day of August last. As soon as
appointed, however, he entered energeti
cally upon the discharge of his duties,
ind has already succeeded in organizing
his department and placing it in thorough
vorking order. The material necessary
or the hand-book required by the act are
>eing collected, and a specimen, showing
he manner in which this valuable work
Executive Department of Geougi \, >
Atlanta, Ga., January 13, 1875. j"
To the General Assembly :
In tho discharge of the duty imposed
upon me by the Constitution, I have the
honor to lay before the General Assembly
the information deemed proper in refer
ence to the condition of the Common
wealth, and to recommend to their con
sideration such measures as are deemed
necessary and expedient
Most prominent among the subjects
claiming the attention of tho General
Assembly, is the financial condition of
the State.
The balance in the Treasury on the 1st
day of January, 1874, was $922,55G 25,
and tho amount received during the last
fiscal year was $1,895,116 86 ; making the
aggregate amount charged against the
Treasurer last year, $2,817,723 11. The
disbursements for tho same period a*,
mounted to $1,814,574 23, which deduct
ed from the amount received, leaves a
balance of $1,003,128 SS on hand Jan
uary 1, 1875. The particular sources
from which the receipts were derived,
aud the various purposes for which the
disbursements were made, are stated in
the Comptroller General s report, and
need not be specially set forth in this
communication.
The Legislature, at tho session of 1873,
made an appropriation to pay the claim
of Russell Sage, This claim amounted
to $423,125, and no means having been
specially provided for its payment, it was
satisfied out of ths ordinary revenues
which came into the Treasury during
that year. This created a deficiency last
year which could not be supplied other
wise than by resorting to the very doubt
ful expedient of short temporary loans.
As an evidence of the improved condiw
tion of the public credit, it may here be
stated, however, that no difficulty was
found in raising the required amount, at
a reasonable rate of interest.
The steady growth in the wealth of
tho State, as shown by the Comptroller
General’s report, cannot fail to be very
gratifying to the people. The reported
increase in the value of taxable property
for the year 1874, is more than $30,000,-
000 over and above the value reported
for the previous year. This increase was
produced, in part, by the repeal of the
law exempting a certain amount of prop
erty from taxation. But after making
full allowance for the repeal of this ex
emption, it appears that the net increase
in the value of taxable property returned
was $13,709,378. I may here be allow
ed to note for commendation, the
thoroughness and accuracy exhibited by
the Comptroller General in preparing
the different tables contained in this re
port.
I unite with the Comptroller General
in recommending that this office be re
lieved of the duty of consolidating and
taking care of the agricultural returns.
The reports of Tax Receivers to his office,
in my judgment, furnish the most eco
nomical and reliable channels for tho coi
lection of agricultural statistics. The
law HUould be so amended, however, as
session of their property, I respectfully
suggest the propriety of authorizing the
issue of an amount of State bonds snfii
cient to redeem the bonds of the compa
nies upon which the State is liable. These
companies are insolvent, and the holders
of their indorsed bonds will have to look
to the Stale alone for payment. It is not
probable, therefore, that the bondholders
would hesitate to exchange, upon reason
able terms, the securities held by them
for State bonds. In settling the details
of such an arrangement, a material bene
fit might be secured for the State with
out doing any injustice whatever to the
holders of the bonds. Believing that the
interest of the Commonwealth would be
subserved thereby, I respectfully recom
mend the adoption of a measure giving
effect to the foregoing suggestions.
The following estimate of the Treasu
rer, showing the probable receipts and
disbursements at the Treasury, ft r the
fiscal year ending December 31, 1875,
with such alterations as, in my judgment,
the public interest demands, is respect
fully submitted:
RECClFT*.
Cash to balanea in Treoaory December
3). 1874 I'.ft'a 128 88
From general tux of ISII............. # 900.000 INI
From general tax of 1874............. 3110,00**00
Rents! of W It A B. K.
Insurance tax 875
Railroad tax 1875,
Express Company lax 1875,
Dividends,
Taxes of former years nnpsitl
Hire of conviol*
From all other sources
$2 585,628 88
BlsSCHSmZXT*.
Civi: Establishment $100 000 00
Legislative pay-roll........ 100,000 00
Lunatic Aey'uin 115.000 00
Pay of chaplain and trustee*, 2,000 00
Deaf and Dumb Asylum 13,.500 < 0
Academy for the Wind.... 11 000 00
University of Georgia,.... 8,000 00
Planting fund.............. 20,000 00
Contingent fund.••••• 20 000 00
Public bttildmga 20.000 00
Executive Department..... 10,000 00
Superintendent Public Works 2,000 00
Clerk Wild Land Office.... 1,200 00
Vaccine Agent.. -- 300 00
Ednoational fond..... 150 000 00
School Commissioner St Clerk 3,700 00
Sapreme Court Reports 3,500 00
Solicitor General coats in 8u-
preme Court 2,00000
Old debts W St A R. B 25,000 00
Public debt sod interest due
in H75 670.3S3 00
Principal Keeper Penitentiary 2,000 00
Agricultural Department.... 10 000 0*1
Geological survey 10,000 00
All special sppropiiations.. 200,000 00- $1,100,583 00
adopted, by which, among other things,
it was provided that the bonds of the
company, to be indorsed by the State,
should not exceed $1,000,000, until an
amount of capital equal to the addition
al indorsement was “bona fide subscrib
ed and paid into said company." In
other words, after the indorsement of the
bonds to the amount of $1,000,000, there
and that the present holders of the bonds
are properly chargeable with notice of
the wrong doing, then duty to the people,
already overburdened by debt and taxa
tion, requires that this should bo so de
clared with equal promptitude.
At the last session of the General As
sembly, I suggested that doubt existed
as to the validity of the State's indorse
ment upon $600,000 of the company is
sued under the act of 1870. I now re
spectfully advise that the investigation be
extended to all the endorsements granted
said company by the State since the
adoption of the Constitution Attention
should uot be any further indorsement a R° called the appropriation act of the
unless an equal amount of capital should j last ^«gis ature m regard to the interest
be subscribed in good faith and paid into 1 ?P on bond * of the company, which it may
tho company I he necessary to repeal. It may also be
After the grant of the aid of the State ! feme necessary for the State to continue
it does not appear' that anv action wa* 1 bu d voe road tor a ionger period tnan
taken by the company extending the ! j^ 0 . 5 0ai3 ’ ^ ieu time it i« now tinned
read until the 25th day of June, 1S68. On 1 b / aw ’. event, it is hoped that
that .lay an agreement, a copy of which thoacc ’“posing this limitation will be
is herewith transmitted, was ostensibly
entered into by George G. Hull and Sid
ney G. Miller, of New York, with the
company, whereby they agreed to furnish
material and construct the unfinished por
tion of the road to the city of Brunswick.
In consideration thereof, the company
agreed to pay tho said Hull A Miller as
follows ; $1,500,000 of the first mortgage
bonds of the company indorsed by the
State, $1,000,000 of 7 per cent. Becond
mortgage bonds of the company, and
$1,500,000 of preferred capital stock
j of the company, which should be entitled
< to receive dividends at the rate of 8 per
• cent, per annum, before aliy dividend
whatever should be paid to the common
information touching . the condition and is being prepared, will soon be ready for
delivery. A laboratory has been fitted
up at tho capitol and furnished with
chemical apparatus suitable for conduct
ing analyses of soil and minerals. The
rules prescribed for conducting these
analyses, it is confidently believed, will
be effectual in securing result of great
practical benefit to our agricultural in
terest An accurate knowledge of its con
dition and wants must necessarily be the
basis of all improvement in our agricul
ture. Recognizing this truth, the Corns
missioner has arranged a system for the
wants of the University. I recommend
that the law be amended as hero indi
cated.
I further suggest that inquiry be made
into the propriety of providing for a
thorough re organization of the Univer
sity. As at present constituted, the Board
of Trustees consistsof thirty-fivemembers
—a larger number, as I am advised, than
composes a similar organization in this
or any other country. The body is too
large for efficiency; besides, its members
are appointed for life, and thus, in some
measure, are left without that sense of i collection of reliable statistical iufonna-
respousibility which experience proves is
necessary to secure diligence and faith
fulness in places of trust. In my judg
ment, the offices of the present Trustees
should be vacated, and provision should
be madn for the appointment of a new
Board, to consist of not more than nine
members. The appointment Bhould be
made in the manner which would most
certainly secure men of enlarged views,
and of general fitness for the position.
The full term of office should not bo long
er than six years, and the first nine ap
pointed should he divided into three
classes, of three each, to be appointed re-
spectivly for two, four and six years
Thus, every two years there would be
three vacancies in the Board. This pro
vision would prevent the making of sud
den, radical changes in the management
of the University, and, at tho same time.
tion. He has already gathered a mass
of valuable facts, showing the present
condition of our agricultural labor sys
tem, the amount of homo supplies pro
duced, and the general conduct and man
agement of our husbandry.
The Legislature, in establishing this
department, took a step in the right di
rection, and, in my judgment, the future
material prosperity of the State will de
pend, in a largo measure, upon the man
ner in which it may be fostered and sus
tained.
Judging from what has been already
achieved, I think it may be safely predic-
j ted that, under the able management
of ths Commissioner, this department
will soon entitle itself to the confidence
and permanent support of the people.
GEOLOGICAL SURVEY.
The office of State Geologist, created
would secure a sense of responsibility up- by ftny approved February 27, 1874,
Balance in Treoaory January 1, 1876, $1,086,045 88
In the foregoing table I have made no
estimate for the Atlanta University. For
reasons briefly given in another part of
this communication, no appropriation
ought, in ray judgment, to bo made for
that institution.
MACON AND BRUNSWICK RAILROAD.
Accompanying this communication is
a statement made up from the monthly
reports of the Receiver of the Macon and
Brunswick railroad, showing the receipts
and disbursements on account of the
property in his hands since the samo was
taken possession of in behalf of the State.
For reasons set forth in my last annual
message to the General Assembly, it was
found necessary, on taking possession of
tho read, to coutinue to receive as money
the change bills theretofore issued by the
company for convenience in its business.
All the net earnings of the road since its
seizure have been applied in the redemp
tion of these bills. As last as redeemed,
the bills have been deposited in the State
Treasury, where they remain subject to
examination by the General Assembly.
Some time before the road passed into
thehands of the State, the company exe
cuted a deed conveying considerable
property to certain trustees, to be used
in redeeming the bills, and this property
is now in the possession of the Receiver,
and when sold, the proceeds thereof
should be used to reimburse the State
for the amount paid out. in their redemp
tion. The amount of these bills still in
circulation, according to the boat infor
mation of the Receiver, is $16,749 50.
Having been led to believe that an ar
rangement might be made, where y the
company would be enabled topav the ac
modified, aud that the Governor will be
authorized to keep possession of the road
until the samo can bo disposed of to the
best advantage, both of the State and the
company.
NORTH AND SOUTH RAILROAD.
The North and South Railroad Com
pany Laving failed to pay the interest on
its bonds endorsed by the State, I order
ed all the property of the same to be sei
zed and taken possession of on the 23d
day of April, 1874, and appointed Edward
A- Fewellen, Superintendent of Public
Works, as agent of the State, to manage
and control the same. The law under
which the seizure was made requires the
Governor to hold the property at least
six months before offering it for sale, and
the seizure having been made the latter
part of April, no sale could therefore have
been made earlier than November. The
road has not been sold for the reason
that it was not believed that anything ap
proaching its value could be obtained in
the present condition of the money mar
ket. It is hoped, however, that this state
of things will not continue long, and that
some arrangement may be made by which
the property can be disposed of without
great loss to tho public treasury. The
road sustained serious damage the past
yoar from freshets, and the repairs ren-
upon the first mortgage bonds as afore* ‘ dered necessary in consequence thereof
said, upon the requisition of said trustees j made it impracticable for the agent to ap-
and “to provide that a majority of the j P'y an 7 part of the earnings to the pay-
board of directors should each be a hold- ! meu t of the interest on the endorsed
er of two hundred shares of the preferred • bonds. It is not probable that the future
stock ” It would thus seem that it was ! earnings of the road will be sufficient to
the intention of the parties to this agree-! raeet this interest. It will be necessary,
ment to transfer, in effect, the entire prop-1 the efore, for the Legislature, at the pres-
erty of the company and the control ! ent session, to make provisions for its
thereof to the contractors, and practically j payment.
to deny to the common stockholders all t Memphis branch railroad
voice in the management of the affairs of | The Memphis Branch Rai i road C om-
the company. It « proper here to add, having completed and equipped the
that there is reason to believe that Mes ; ! kx-st section of five miles of its road, as
srs Hull A filler were only nominal I ired b the act entitling the com*
parties, and that the real contractors i 1 to the J aid of the State, applied for
were persons known only in the records | endorsement of its bonds in Mav
stock. It was further agreed that all of
the said securities should at once be is
sued by the company, and placed in the
bands of Dabney, Morgan A Co., bankers
of New York, as trustees, who Bhould,
npon the completion of each section of
ten miles of road, obtain the indorse
ment of the ’State upon the first mort
gage bonds of the company, and should
deliver the securities placed in their
hands as aforesaid to such persons as
Messrs. Hull A Miller should direct, np
on the estimate of the chief engineer of
the company. The company also agreed
to obtain the endorsement of the State
of the company as “the New York Asso
ciates." These “Associates," it seems,
employed Messrs. Hull A Miller to con
str uct the road according to the condi
tions of said contract, and paid them
therefor at the rate of $12,250 per mile,
this being the actual cost of that portion
of the road which was built after the
grant of the aid of the State.
It nowhere appears, so far as I have
been alile to ascertain, that any amount
‘ last. After causing a thorough examina
, tion of the affairs of the company to be
! made, I placed the State’s guaranty on
its bonds to the amount of $34,000, this
I being one-half the value and cost of the
| section completed and equipped. The
! section of the road was finished, and the
j application for the State's endorsement
j was made, before the passage of the act
| approved February 25, 1874, repealing
the provisions of tho several railroad
whatever was subscribed and paid into charters tberetofore grante d, which gave
the capital stock of the company, after; state aid to such enterprises. In my
the passage of the act authorizing the jud n . the application come within
States indorsement of its bonds The ■ J the % aving operation of that clause of
fundamental condition upon which the 1 —
additional indorsement were to be n
a vested right to tho aid of the State,
should not be affected by the act. It
may be added that the commissioners
messenger were an
Other amendments of the tax laws are
recommended by the Comptroller Gener
al, which are respectfully referred to the
General Assembly for consideration.
According to the statement presented
by the Treasurer, the funded debt of the
State, not yet matured, amounted, on the
first day of Jannary, 1875, to $8,105,500.
The principal and interest due thereon
the present year amounts to $670,385.
Included in this is the first instalment of
$100,000 of the 8 per cent, bonds issued
under the authority of the act approved
February 18, 1873. The Treasurer states
that, in addition to the foregoing, there
is also outstanding, $269,500, past due
bonds, which, together with the unpaid
interest thereon, amounts to $323,400.
The report contains a full and particular
descriptive list of these last mentioned
bonds. It is suggested by the Treasurer
that a large amount of the same was
paid by a former agent of the State, and
not returned to the Treasury for cancel
lation. It should here be stated, that
the failure upon the part of this agent to
make sucl^returns has produced serious
inconvenience, and probably loss to the
Treasury.
Having reason to believe that Messrs.
Henry Clews A Co., the agent just re
.erred to, were converting to their own
ise paid up bonds of the State, and de
iiring to relieve the Treasury from all
implications growing out of their trans
Actions as agent, I directed the Attorney
General to proceed to New York and ob
tain, if possible, a settlement of their ac
count with the State. Upon his return,
his officer reported that he found it im
jossible to effect a satisfactory settlement
>f the account; that Mr. Clews positively
©fused to permit any examination of his
looks and vouchers, unless the account
vhich he had theretofore rendered against
he State were first paid. It hardly need
ie stated that ouch an unreasonable con
fition could not be complied with. The
hief objection to the account rendered
n+ibakmMyetfritmmmmaotw
sale of the same, until the month of Sep
tember last Having then become satis
fied that the company would not pay this
past due interest, and believing that it
would probably be for the interest of the
State to divest the company of its title to
the property, an order was issued direct
ing the Receiver to advertise a sale of
the road and its equipment on the first
Tuesday in December last. Before the
day of sale arrived, however, I felt it to
be my duty, after an examination of the
records of the company, to withdraw the
projfcrty from the market, and to submit
the question of the proper disposition to
be made of the same to the General As
sembly. In explanation of this action on
my put, the following statement is re
spectfully submitted:
The Legislature, at the adjourned ses
sion of 1872, adopted • joint resolution
declaring “that the State's guaranty
placed on the bonds of the Macon and
Brunswick Railroad Company is binding
on the State.” At the time of the adop
tion of this resolution, the Legislature
had before it what appeared to be suffi
cient evidence of the validity and regu
larity of these indorsements and especially
of the indorsements made under the act
approved December 3, 1866. These in
dorsements received further recognition
by the Legislature in the annual appro
priation act of 1874; and no doubt as to
the validity of the last named indorse
ments arose in my own mind, until the
recent examination of the company’s re*
cords referred to above. A brief review
of the history of the company just here,
may aid the General Assembly in solv
ing the grave questions here presented.
In the Presidents*! report submitted
to a meeting of the stockholders of the
company, held the first day February,
1866, that officer need the following lan
guage:
From the neoeesity of keeping the ac
counts for the last four yean in the de
predated currency of the Confederate
State* the hilwn ihilffii ti theTf
upon wnicn me Ba j d j as j. name j ac f t which provides that
. ,, , . were to be made, ' & company which had already acquired
after the State s guaranty woe placed up- 1 - • - ^
on the first $1,000,000 of bonds, was
therefore disregarded, and these endorse-
monts wore given, so far as I can learn, wL ^ examined tho road ted that
without authority, and in direct thim $100,000 had blen in good
of the law. It also appears that “toe New &ith invested in Raid , omDanv bv % ri .
lork Associates virtually acted the dou- ; Tflt „ jrdividn „ K a ,^ the Pa tiV? n ctorv evi-
part of contracting with themselves, , , ll37rirg t h;.t Lre
upon the
comd
State.
ru uaiuiimv urines, wuebuer mo ~ ~
agreement between tne company and the I state aid.
contractors was not itself illegal and ! Reflection has satisfied me that addi
void. j tion allegislation is required to check the
I transmit herewitn copies of a letter > ®vils likely to flow from the unwise policy
and estimate of the president of ths com- \ granting the aid of the State to works
panv, showing that the actual cost of "* 1 A ”
completing the road and putting it in
running order was $12,250 per mile.
This estimate embraces the entire cost of
the road, including graduation, trestling,
bridges, piling, station-houses, side traeks,
superstructure, iron, and all that was ne«
cessary to the completion of the work.
The letter of the President shows not on
ly the cost of the road as above stated,
but also that “the New York Associates"
were the real contractors, and that
Messrs. Hull A Miller were in fact em
ployed by them.
The Legislature, at its session in 1071
raised a committee, commonly known as
the “Bond Committee," whose duty it was
made to investigate and report npon all
the bonds and indorsements of the State,
during the administration of Gov. Bullock.
The committee, in pursuance of its dnty,
made an examination of the indorsements
placed upon the bonds of the Macon A
Brunswick Railroad Compsny after the
adoption of our present Constitntion.
Upon reference to the report of that com
mittee touching said last mentioned
bonds, it appeara that the only witnesses
who were examined as to the cost of the
road were President Hazlehurst, and
Messrs. J. P. Giraud Foster, Morris K.
Jessup and D. Willis James, understood
to be three of “the New York Associates.”
These witnesses testified that
“The Macon and Brunswick Railroad
cost, for building and equipment, twenty
thousand dollars per mile, fully ten thou
sand dollars per mile of which were paid
in and invested in good faith by the
stock holders, independent of and outside
of (the) State's indorsement. The com
pany received one million nine hun
dred end fifty thousand dollars of bonds
under the act of 1866, aad.ai? hundred gift* year enc
timmi4dler»ottyffwiwm WW
of internal improvement. Experience
has shown that it is almost impossible to
so guard tjie public interest as to prevent
injury to the same under these grants.
The larger portion of our financial trou
bles of late years may be traced directly
to this mischievous pohicy. The act ap
proved February 25, 1874, repealed all
existing railway charters, so far as the
same provided for State aid, except in
cases where the right to the same had
already become vested. What would
amount, under tho law, to a vested right,
is a mooted question. It has already
been claimed that the mere aeceptanoe
of the chrrter hy the company, without
mors, vpnjd have the legal effort of vest
ing the right to the ai4 therein granted.
If tins claim should be allowed by the
courts, the object sought to be accom
plished by the act would be entirely de
feated The Code, however, as will be
seen by reference to section 1682, author
izes the withdrawal by the State of the
franchises granted iu certain cases. In
deed, the franchises granted to railway
companies, since the enactment of this part
of the Code, were granted subject to the
right of withdrawal, unless orberwise
expressly provided. I would therefore,
respectfully recommend that in all eases
where the same can be don* the fran
chi ses to those railroad companies whose
charters make provision for State aid, be
withdrawn by legislative enactment, unless
they shall, within a prescribed tim* re
nounee respectively all right to claim or
reoeive the aid granted in their several
charters.
STATE UNIVERSITY-
The report of the Board of Tnuteas of
the State University shows that the re
ceipts from all source* daring the oolle-
etu* ending July $8* 1874^ amount'
on the pari of the Trustees. The Board
ought to be held directly responsible to
the General Assembly, and to that end,
they should bo required to make out and
ubmit fuli annual reports of their pro-
c«edi«gs, and of tho condition of the
University.
The changes just suggested would, in
my opinion, greatly advance the cause of
University education in the State. The
institution would draw around it the
sympathy and support of all the best men
of the State, and the representatives of
the people would not hesitate to make all
needful appropriations for its support
and advancement. The people of the
State desire to see their University grow
and expand, and they fully assent to the
truth of the maxim, that (he greatness of
a State depends upon, and is proportion
ate to, the higher education of its peo-
plc.
ATLANTA UNIVERSITY.
By an act approved March 41874, the
sum of $S,000 was annually appropriated
to the Atlanta University, upon condi
tion that the institution should admit
for instruction as many colored pupils
from each county in the State, free of
charge, for tuition, as there are or may
be members of the House of Represent
atives from each county, to be nominated
by said members respectively, so long as
said appropriation continues. The Gov
ernor is inhibited from drawing his war
rant for the said sum, until the Trustees
of said institution shall have submitted a
plan for the expenditure of tho same to
a Board of Commissioners consisting of
the Chancellor of the State University
and two members of the Faculty of the
same, and until such plan shall have been
approved by them each year in writing,
and filed iu the Executive office. The
condition upon which a warrant was to
be given for the appropriation, having
been complied with, the amount for the
past year was paid over to the President
of the University The report of the
committee, whose duty it was to visit
this institution, will be found accompany
ing this communication.
COMMON SCHOOLS.
The report of the School Commission
er shows that there is a school organiza
tion in every county in the State, and
that public schools have been in actual
operation in one hundred and twenty-five
counties the past year. A growing in
terest in the schools is manifested, and
there has been a marked change in pub
lic opinion in favor of the present system.
The Commissioner directs attention to
the fact that there are $350,000 of
school bonds now in tho hands of the
Secretary of State, and claims that the
interest on these bonds from October 13,
1870, to October 1, 1874, amounting to
$84,000, is a debt due from the State to
his department; and he asks that the
Legislature take some action recognizing
the validity of the claim.
The net amount of tho school fund,
collected from all resources, from the
adoption of the present Constitution
down to December 1, 1873, was $489,-
722,42. The sums collected since the
last mentioned date amount to $186,183
90, and the disbursements to $169,071 84.
The whole amount of poll tax assessed
for the year 1874, and which by act of
February 28. 1874, is retained iD the
counties, was $199,550. Of this amount
the Comptroller God oral estimates that
the snti of $133-000 nos Isvin collected.
I onuc-ir in tho opinion expressed by
the Commissioner, that tho act of the
last General Assembly, providing for the
payment of the school debt of 1871,
ought to be repealed. I also suggest
that the law prescribing the mode in
which the school fund shall be paid over
to County School Commissioners be
amended as is recommended in tho re
port Such payments are at present re
quired to be made at the State Treasury.
By the amendment recommended, the
funds due to each county would be paid
over directly by the Tax Collector to the
County School Commissioner. By this
arrangement the collection by the Coun
ty School Commissioners would be much
simplified, and the cost of transmitting
the money to and from the State Treas
ury would be saved.
I concur fully in the opinion expressed
by the Commissioner to the effect that
the act of the last General Assembly,
giving an annual donation of $8,000 to
tire Atlanta University, should be re
pealed. The colored as well as the white
peoplo of the State should be educated,
and to this end the tax payers are willing
to contribute to the extent of their abili
ty. It cannot reasonably be expected,
however, that the class upon which the
burden of taxation chiefly falls will con
sent to support an institution wherein
the mischievous doctrine of social equal-
ty is practically inculcated. The wish
es and feelings of those upon whom rests
the burthen of supporting the Govern
ment should be consulted in this as well
as all other matters affecting the public
interest.
By reference to the report of the Board
of Visitor* who attended the annual aac-
amination at this jactitation, it will also
be seen that some system of theology ie
taught therein. Adopting the very per
tinent inquiry of the Board, Whose the
ology is it that is taught? Without wait
ing for a reply to this question, it may
safely be assumed that tne teachings up
on ting subject are sectarian la their char
acter. The Constitution of
teMWathe granting <4 a
has been conferred upon Dr. George Lit
tle, who held, at the time of his appoint
ment a professorship in the University of
the State of Mississippi. This officer,
after organizing his department, entered
at once upon the discharge of his duties.
Taking the field late in tho fall, after a
hurriod preparation, ho has traversed
nearly the whole of northwestern Geor*
gia beyond the Chattahoochee, and has
already made a large collection of speci
men* showing the geological and min.,
eralogical character of a number of the
counties embraced in that section. The
information contained in his report, here
with transmitted, is very valuable, and
the attention of the General Assembly is
specially directed thereto. I think it is
not to much to say, in behalf of this of
ficer, that the benefits expected by the
people of Georgia from the operations of
this department of the public servic*
will be fully realized under its present
intelligent and energetic management
Believing that the work thns undertaken
will, when completed, be of incalculable
value to the people of the State, I earn
estly recommend such appropriation be-
made therefor as may be deemed neces*
sary for its energetic prosecution.
LUNATIC ASYLUM.
The report of the Trustees of the Lu
natic Asylum exhibits fully and particu
larly the condition and management of
the institution dining the past year. Its
official organization is reported good,
and all its affairs have been conducted
with a just and reasonable economy. For
reasons stated in the report, the amount
appropriated for the support of the insti
tution the present year should be larger
than that given for a similar purpose
last year. The suggestion of the Trus
tees upon this subject may, in my judg
ment, be safely adopted, and I respect
fully recommend that the amount asked
for be given. Duplicate vouchers for the
expenditures of last year huve been regu
larly forwarded, as the law requires, and
are ready for inspection by the proper
committee of the General Assembly.
ACADEMY FOR THE BLIND.
The report of the Trustees of the
Aeademy for the Blind sets forth the ad
ministration of the affairs of that institu
tion during the past year. For reasons
stated by the Superintendent a larger
snm may be needed for the support of
the academy the present than was ap
propriated for that purpose last year.
The necessity for such additional appro
priation will, I presume, be inquired into,
according to usage, through a visiting
committee, appointed by the General As
sembly. I respectfully recommend that
whatever amount may be found neces*
sary to secure the comfort of the pupils
and to promote the efficiency of the in*
stitution be supplied.
DEAF and dumb asylum.
Herewith transmitted will be found the
annual report of the Board of Commis
sioners of the institution for the educa
tion of the deaf and dumb. It is sug
gested iu the report thatthe same amount
as that annually appropriated in previous
year* viz: $13,500, will not be sufficient
to meet the wants of tho institution the
present year, and an appropriation of
$15,000 is asked for. The Board also
askes that an additional sum of $1,000
bo appropriated to pay for repairs of
buildings, and $250 be given to purchase
material needed for fitting up the print-
ing office of the academy. The report
shows that the institution is iu a pros
perous condition, and I cheerfully recom
mend the appropiation of such sums as
may he necessary for its support.
ATTORNEY GENERAL’S RETORT.
The report of the Attorney General
contains a statement of the busiuess of
the State, in his charge, the past year.
Attention is especially invited to that
part of his report which refers to the pur
chase of property at public sale, for the
use of the State, and the disposition
made thereof. The Attorney General
suggests that the Governor, iu conveying
certain property thus purchased, be au
thorized to warrant, on the part of the
Stat* the title to the purchaser- This
suggestion is respectfully submitted to
the General Assembly for such action as
may be considered proper.
FEXITXNnARY.
In pursuanoe of the act approved
March 3,1874, the convicts in the peni
tentiary have been farmed out to differ
ent partis* for terms ranging from one
to five year* The lease of Messrs. Grant,
Alexander A Co. expired on the first day
qf April last, less than one month after
the passage of this act In consequence
f the short time allowed within which to
dispose of them, the lateness of the sea
son and the general condition of the
country, it was found impracticable to
obtain full prices for the convicts. All of
them were disposed of, however, on terms
which relieves the State of every expense
on account of the penitentiary In dis
posing of the convicts, I sought, as far
as praeticabl* to diversity their employ
ment, with a view of ascertaining in what
apamal Industrie* aoch labor could be
most beneficially engaged.
The terms for which the convicts have
been leased, will soon begin to expire,
and it will be necessary, therefore, for
the Legislature to devise in advance a
permanssit and mors satisfactory system
for keeping end employing them. The
present plan can be _ regs rded only as a