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THE CONSTITUTION.
ATLANTA, GEORGIA, FEBRUARY 1.
Toe Census.—It is said that under the
proposed census bill, the taking of the cen
sus will be a most burdensomo concern.
What the marshal’s performed at a coat of
$35,000 will cost for special agents $400,000.
It requires details of report, entering into
every possible subjected involving a cost
of millions.
We have no word of censure for the five
gentlemen who voted for McWhorter, as he
was infinitely preferable, in our judgment,
to Bryant, under any and all circumstances.
[Intelligencer, 28th.
We trust that our contemporary will
pardon ns for saying that its preference for
McWhorter over Bryant is entirely con
sistent, as the former is for Governor Bul
lock and the latter against him. *
We have not forgotten that our neighbor
once drew an uncomplimentary contrast
between Governor Bullock and the Demo
crats that bad opposed him.
Members who .have Lost their
Seats by Changing their Domi
ciles.
Wo call the attention of the General As
sembly to the fact that a number of the
members who were elected from certain
counties, have removed their residence and
changed their domicile, and are, therefore,
under the law, no longer entitled to repre-
sent-tbe said counties In the Legislature.
This will Include members of both par
ties. as we are informed, and therefore can
not be objected to In any light as a parti
san measure.
We think that, now that organization is
done, this inquiry is proper. Each county
is entitled to Us own Representative—a
member that la responsible to its citizens
as a constituency. -
Farcical.
Verily, reconstruction is a farce. The
Georgia Legislature, made by all known
law, the judge of the qualifications of its
own members, and that power, unchanged
by any existing law, has been fingered and
fashioned by the motllest tribunal known
to farce.
First, Congress, then Gen. Terry, then a
board of strange soldiers, and lastly. Gov
ernor Bullock, by turns, take a hand In cob
bling the concern. The child is a lovely
monstrosity. Calaban is a beauty to it.
Ah I we have merry masters, and their
bantling Is a mongrel tit-bit.
Congress sowed the black on In spots;
Terry tore several jagged holes; the Board
helped him; and the Governor patches the
rents with the clown’s own c]ptb, and the
thing is done.
Oglethorpe University.
The City Council has donated ten acres
of the Fair ground to Oglethorpe Unlvcr-
s'ty. Tho city will immediately be can
vassed to raise the amount necessary to
bring the College to Atlanta. Judge Col
lier and others have promised to givo a
thousand dollars cash.
We urge our citizens to take an Interest
in this matter, and contribute liberally.
The advantages to the city will bo Incalcu
lable. The College will bring thousands of
A RACY DEBATE.
®***Sbani and Farnsworth
—Three .Radicals Pummel Each
Other Hard—Spicy Talk.
Mr. Farnswortb moved to pass over all
intervening business on the Speaker's ta-
to °™ er to take up the Virginia bill
with the Senate amendments.
Mr. Etdridge inquired whether any oppor
tunity for debate was to be given; but Mr.
Farnsworth declined to make any promise
on the subject.
The motion was agreed to, tho Demo
crats voting in the negative.
The bill was then taken up, and the Sen
ate substitute was re;:d.
Mr. Farnsworth movod to concur in the
Senate substitute, not because if its pro
visions were presented originally he woitid
support them. Some of them be thought very
bunglingly drawn, and that they wonld
do more barm than good. But be made the
motion Name be thought that, to throw
the question open again to a sea of dis
cussion, and to keep Virginia longer out of
representation would bea greater evil than
to adopt the Senate bill.
Mr. (.’ox asked whether the passage of the
Senate bill would not be yielding up the
position of the House without even the
ebanceof a committee of conference.
Mr. Farnsworth replied that that was a
question for tbe Honse.
Mr. Bingbam said that it would be borne
on the Journal of tbe House that more than
three to one of the members bad declared
for the admission of Virginia without con
dition. The vote would commend itselfto
tne approval of the country. He had no
apology to make here or elsewhere for the
position which be then assumed, and which
he now reiterated, that it was not in the
power of Congress, by exacting fundamen
tal conditions in the admission of a State,
to enforce what could not be legitimately
enforced on all otber St3tea. That being
so, he asked (hat tbe State of Virginia be
admitted under tbe Senate bill. He eulo
gized tbe constitution of Virginia as being
more liberal than tbe constitution of any
State west of tbe Alleghanies. ’If he
thought that under tbla bill Virginia could
be subjected to conditions which might
not be imposed on New York or Ohio, he
never would vote for tiie bill.
Mr. Cox suggested that the Senate bill
was as obnoxlons as the bill reported by
tbe Eeeonatruction Committee, and wbieb
was voted down by tbe House.
Mr. Binglmra replied that it was not
quite so obnoxious. He hoped the House
wonld concur in the Senate amendment.
His chief purpose was to state to gentle
men on his own side of the House
Mn Butler, of Massachusetts. Which
side of tbe House is that ? [ Laughter.]
Hr. Bingbam, (indignantly.) The gen
tleman Is very wise—wise beyond his
years. He can not read me out of the par
ty with which 1 am associated, nor can he
blot out my record. Vulgarity is not wit.
Assumption is not power. -There was no
occasion for the inquiry.
“A wit’s a feather, and a fool’s a rod :
An honest man’s the noblest work of God.”
[Laughter and much excitement on tbe
floor.]
Mr. Butler, of Massachusetts, took the
floor, and tbe interest In the discussion
seemed to bo on tho increase. He said ho
would begin where the gentleman from
Ohio had left off—net with a misquotation,
but simply to say that be had never threat
ened to read the gentleman out of the Re
publican party. Nobody could dp that but
himself. Whether he bad done that in
passing the Virginia bill through the
House by a snap judgment, and. with tho.
aid of his Democratic allies, the country
would judge. Whether tbe gentleman was
to bave an ovation when lie went to Vir
ginia he did not know, but he had seen
aome hint of that kind in the papers. lie
should like to be present In spirit where lie
could look on, not embodied, nud see the
Virginians toasting the man whom all their
papers announced as tho murderer of Mrs.
Surratt. [Excitement] What a sight!
The Hon ami—no, not the lamb, but an
other animal. [Laughter.] lie referred to
the eulogy passed by the gentleman from
tferSf^ 111 ’ 3 ' that shehad better l»have T.Winn, W. J. Anderson, and J. J. Collier,
I hereby transmit the names of Thomas
Crayton.Merritt Henderson, J. S. Dunning.
Messrs. Fitch and Kellogg, who had orig
inally supported Mr. Bingham’s bill an-
™k intention, without approv-
in ?, of the Senate bill, to vote for it.
Mr. Shanks sarcastically invited all the
giW? 1 to come up at once and make
con/ession. [Laughter.]
tnoiion was agreed to,
ana the Senate substitute concurred in by
a strict party vote—yeas 136, nays 57.
Georgia News.
The Augusta Constitutionalist says the
burglars are at work.
The Greensboro Herald says Greensboro
has a Eeno rink. Greensboro U looking
up.
PnorEssiONS.—There are in Columbus
about thirty-six lawyers and forty-two
physicians.—Col. Sun.
Short Handed.—The complaints this
year are unusually numerous, of the
trouble of procuring farm bands.—Hawk-
innUle Dispatch.
The Faithful Bars Provided Fob.
The Grifiln Star says: We understand that
Grant, in pure self-defense, has appointed
Baf d Cerisus-taker for Georgia, which bas
put Dan Johnson’s nose “ out of jint.”
The Late Catholic Fair.—The net pro
ceeds of the late-Fair at St. Andrew’s Hall,
for the benefitof the orphan girls in charge
of the Sifters of Mercy, amounted to $3,100.
[Savannah Republican.
Sad and Fatal Accidxxt.—Lawrence
Phillips, an estimable young man, was ac
cidentally killed on Friday last, by the
falling of a bridge at Camp’s Mill, la Car-
roll county.—Peoples Defender.
Emigrants.—Tbe tide of emigration still
swell*. About seventy-five negroes, from
Virginia, passed up tho Georgia Railroad
last night, en route to Alabama, as laborers
on Gen. Forrest’s Alabama Railroad. They
arrived here on Tuesday night, but could
not secure transportation until last night.
[Augusta Constitutionalist.
The Savannah News represents'the Cali
co Ball to have been a grand success. The
Savannah people are making grand prepa
rations for the excursionists. A large del
egation meet them half way; collations,
boat races, music, steamboat excursions,
unllmi’ed' punch, etc., are to be the order
of the day.
Personal.—We acknowledge the pleas
ure of a call on Monday last from T. K.
Oglesby, Esq., General traveling agent of
The Atlanta Constitution ana St. Louis
Home Journal.
There is no better newspaper in Georgia
than The Constitution; each number
teems with the latest intelligence from ev
ery portion of the State and Republic; its
selections are interesting; and its edito
rials sprightly, dignified and forcible—New-
nan Defender.
The Georgia Statr Agricultural So
ciety Not a Bankrupt.—Hon. David W.
Lewis. Secretary of the Georgia State Ag
ricultural Society, publishes a card in the
Macon Telegraph, in which he says: “Per
sons having demands for premiums will
leave applications for tbe same with Mr.
Wing. Those having moneyed demands
will file them with Mr. Wm. Hszlehurst,
Treasurer of the Society. I will, on my
return to this city, early in February, ex
amine and settle all that are regular.”
dollars from students, and save thousands obloon the Virginia constitution, and said
of dollars that would be sent off In edu- t | iat was no t, th C work of Virginia states
caling our boys at a distance. It will se
cure to our men of families the privilege
of giving their sons collegiate educa
tions under tho moral restraints of home.
It will draw people here to locate to get
fine educational advantages for their chil
dren. 'It will enhance the value of prop
erty wherever It is located. It will, in a
word, save yearly as much as It will cost to
get it here, and prove a perennial source of
prosperity to our thriving city,
tVe shall have more to say of this here
after. We now urge our citizens to re
spond with their accustomed liberality and
enterprise to this call.
Tlio Situation.
Matters get dally more Interesting. The
Senate takes its case. It goes through its
daily drill in adiourning, and should be
pretty well practiced by this time. Tbe
State pays for tbo evolution largely.
The House yesterday had a stormy time.
The Speaker continued bis partisan ruling.
Everything was done to help tho Bullock
faction. Tho action of the day before, de
clining the “next highest,” was reconsid
ered, and they were sworn in, while others
who havo been elected to fill vacancies,
were refused admission. It is generally
conceded that the “next highest” issue are
Bullock men. Tills acconnts for Gov. Bul
lock’s recommendation, and for the jug
gling to get them in.
We would call the attention of those
Democrats who left the party in the battle
for Speakership, to the character of .Mc
Whorter's rulings, and how false was the
trust they expresed in hia disposition to be
conservative.
The error committed then was the error
of the campaign. Gov. Bullock understood
the value of that victory, und Stopped at
nothing to gain it. even going to tbe extent
of Illegally postponing organization for
over two weeks, and breaking the law with
out scruple. Those who thought that be
would bave urged McWhorter's claims, un
less he bad been certain of bis man, passed
judgment upon weak premises.
Tbe Democratic defection lost us a victo
ry that was io our bands, and each day
confirms tbe terrible mistake'made.
And yesterday a number of Democrats
did not vote on tbe reconsideration. These
gentlemen aro certainly perilling grave in
terests. -
Every defeat yet has grown out of a want
of Democratic unanimity; and have fol
lowed logically from the failnre for Speak
ership.
The following Democrats did not vote
yesterday, on tbe motion to reconsider:
Hamilton,of Screven; Lumpkin, Reddish,
of Appling; Smith,of Ware; Scale,Shak-
leford. As the vote was 65 for reconsider
ation, to 61 against. It will be seen that
the above 6 votes wonld have decided tbe
matter In our favor, and for tbo law.
We do not envy gentlemen the responsi
bility of thus acting. This is one of those
occasions, when every true man should
stand to his post like Leonidas at Ther
mopylae. strking with sleepless vigilance
and unwearying valor for tho cause of the
State’s weal.
There will come a day of reckoning for
every omission of duty, as well as every
commission of wrong. The sacred trust of
the popular liberties and rights is a grave
one, and a ruined people will not esteem
a recreant representative.
Giving gentlemen credit for a pure mo
tive to even a stretch of charity, will they
not learn the important lesson that onr
only hope is in vigilant unity against the
Radical revolutionists.
Be moderate in speech, compact in or
ganization, and firm in the right, and the
field will yet be ours.
tS The Laurens Railroad, In Sonth Car
olina, has been ordered to be sold, and Geo.
W. Wateman appointed Receiver, by order
of Judge Vernon. Governor Scott Is one
of tbe sureties on tho Receiver's bond.
Frasier and Crews are the other bondsmen.
Frasier is not known, and Crews pays no, ivi ___ ^ ^ i-n
kixes. Watenaan is an unknown carpet- gentleman from Massachusetts himself"that
men, but of carpet-baggers and scallawags
and negroes from the fields.
He regarded tho conditions in the bill as
a notice to Virginia and all in the county
that if she did not maintain, in spirit and
in truth, the spirit of the reconstruction-
acts, Congress hold and claimed, and with
the belpot God and of tho loyal-people of
the country, would exercise power to place
her back again where alia had been. Ho
did not know what new light the gentle
man from Ohio had got which induced him
to support tho Senate bill, which was sub
stantially tho bill reported by the Recon
struction Committee.
Mr. Farnsworth said he understood very
well the allusions raado by Mr. Butler to
the acting chairman of the Reconstruction
Committee, and he had a word to say on
that subject. He would not allow himself
to be instructed in Republicanism by the
gentleman from Massachusetts. .He had
been a Republican for twenty-fire years,
when the gentleman from Massachusetts
was chasing fugitive slaves all over the
State. [Laughter ar.d clapping of hands on
the Democratic sido.] Hu had been doing
all he could at tbe Chicago Convention for
the nomination of a Republican President,
when the gentleman from Massachusetts
was at the Charleston Convention voting
for Jeff. Davis. [Laughter ] He had voted
lor the Republican party in 1S60. wiien the
gentleman from Massachusetts was voting
for Breckinridge, of Kentucky. He knew
that tbe gentleman, with his facility for
gettting on the otiicr side, when his allies
deserted him, went over; and-he knew that
ills conviction and desertion was so sudden
that It shamed that of St. Paul. [Laugh
ter.] The lightning that blazed .around
him, that focal blaze that illuminated his
understanding shamed into darkness tbe
light that shone around St. Paul. But he
knew that the gentleman was somewhat
like Peter, when he bad deserted his Mas
ter. His desertion was so recent that lie
was obliged to enrse and swear to make the
people believe that Ills desertion was gen
uine. [Laughter.] So the gentleman from
Massachusetts was obliged to be exceed
ingly Radical in order to make the people
believe that bis conversion was genuine.
[Laughter.] He understood that the gen
tleman’s attack was on the gentleman from
Ohio. (Ur. Bingham.) bnt he would bave
probably named him too, only he knew that
lie (Mr. Farnsworth) had a chance to re-
** Mr. Butler said that his reason was that
he had held the floor by that gentleman’s
courtesy, and, therefore, did not think it
well to arraign him at that time for his
sins. [Laughter.]
Mr. Farnsworth—continuing bis re
marks—reminded the House that Sir. But
ler had opposed him every time that he
tried to introduce a bill for the admission
of Virginia, and had stated the last time,
two days before tbe recess, that tbe com
tnittee wanted further testimony.
Mr. Butler remarked that the evidence
he then wanted was as to the ratification of
the 15th Amendment.
Mr. Farnsworth said that that was not
remarkable, because three days before that
tbe Secretary of State had notified Con
gress that Virginia had ratified the 15tli
Amendment. [Langbter.] It was the gen
tleman from Massachusetts who bad barred
the door against Virginia, and would bar it
to-day, but that he knew it tobeinsvitable
that the bill would pass. In conclusion be
said that if he thought the House wonld
non-concur, and refer the matter to a Com
mittee of Conference, he would vote to non
concur, but as he was satisfied that the
House wonld not, he would Tote to con
cur. - •
Mr. Ward said he would support the Sen
ate bill, as he understood it to contain all
the essential fundamental conditions that
were contained in the bill as reported from
the Reconstruction Committee.
Mr. Morgan opposed the substitute, and
said that, for its action toward Virginia, tbe
Forty-First Congress wonld be known in
history as the perfidious Congress.
Mr. Cox took the same ground, and asked
tbe Republican side whether they would
dare to stamp the brand of inferiority on
New York or Ohio that this bill stamped
on Virgiala—whether they would dare to
interfere with the common school system
or the jury system of New York or Ohio?
Mr. Logan said he was one of those who
bad voted for the admission of Virginia
free of conditions, and would do so again
under similar circumstances, bnt he would
now vote for the substitute. He would not
inquire who it was that had been working
in the lobbies of the Senate to have the bill
sent back to the House, so that some gen
tleman might bave an opportunity of flag
ellating, in language peculiar to himself
his fellow members, nor would be enter,
into personalities. He bad not himself
been a Republican so long as to allow tbe
moss to grow upon him, and therefore he
did not propose to canvass anybody’s ac
tion, but neither would he allow any other
person to be a censor over him. He did
not see any inconsistency in voting now
for this bill on the very statement of tbe
GEORGIA LEGISLATURE;
SENATE.
Friday, Jan. 23,1870.
Senate mettat 10 o’clock, and was called
to order by the President.
Prayer by Rev. Mr. Prettyman.
Roll called, and Journal of yesterday
read and approved.
On motiog of Mr. HARRIS, the Senate
took a recess till 12 m.
12 O’CLOCK, M.
Senate met at 12 o’clock. m* and was call
ed to order bv the President.
Mr. SPEER moved that the Senate ad
journ until to-morrow morning at 10
o’clock.
Mr. NUNNALLY moved that they ad
journ to meet January 29th, 1900.
Mr. BROCK wished to know if the Pres
ident had any information which ho could,
give the Senate as to any certainty of a
session being held to-morrow, or at any
other time?
The PRESIDENT stated to tbo Senate
that he was looking daily for a communi
cation to the Senate, and did not know
when it might be received.
Mr. SPEER’S motion was carried, and
tho Senate adjourned until to-morrow, at
10 o’clock, A. M.
Saturday, . Janusry 29,1870.
The Senate met this morning at 10
o’clock, and was called to order by the
PRESIDENT.
Prayer by the Rev. Mr. Prettyhan.
The roll was called, and the Journal of
yesterday read and approved.
•Mr. MERRILL stated that he had been
informed that the Governor would send in
a message to the Senate at 11 o'clock, and
moved that the Senate take a recess until
that hour. . Tills motion prevailed, and tbe
Senate adjourned until that time.
11 o’clock, A. M.
The Senate met at Hip above hour and
was called to order by the President.
The Secretary proceeded to read the fol-
lowjng order:
Headquarters Mil. Dist. of Ga.. )
. Atlanta, January 28,1S70.)
General Orders No. 11.
Upon the evidence and arguments sub
mitted to the Board of Officers, appointed
by General Orders No. 3, current series,
from these headquartes, the Brevet Major
General Commanding finds that W. T
Winn, of Cobb county, and W. J. Ander
son, of Houston county, who were elected
to the Senate of Georgia, are ineligible to
seats therein: It is therefore ordered that
the said W. T. Winn and W. J. Anderson
be, and they hereby are, forbidden to as
sume the duties or excrcisa functions of
members of said Senate.
And whereas, E. D. Graham, of the
3d District, and C. R. Moore, of tbe 12th
District, persons elected to tho Senate of
Georgia, have refused, declined, or neglect
ed, or been unable to tako one of tbe oaths
prescribed by the set of December 23d,
1869, although ample opportunity so to do
has been given them, aud have thus by tho
terras of the said act become ineligible to
seats in 6aid Senate, and have also filed with
tbe Hon. R. B. Bullock, Governor, their ap
plications to the Congress of the United
States for relief trom their disabilities; thus
admitting their ineligibility to hold the
office to which they hereby are, prohibited
from taking seats in said Senate, or partic
ipation in the proceedings thereof.
And whereas, John J. Collier, of the 14th
District, a person elected to tbo Senate of
Georgia, after having taken one of the
oaths prescribed by tbe act of December
22a, 1S69, did afterward* apply to the Sec
retary of State for permission to withdraw
said oath, and has also filed with the Hon.
R. B. Bollock, Governor, bis application to
the Congress of tbe United States for relief
from his disabilities; thus admitting his in
eligibility to hold the office to which he
was'elected: It is therefore ordered that
tbe said person be, and he hereby is, pro
hibited from taking bis seat in tbe said
Senate, or participating in the proceedings
thereof.
By order of Brevet Major General Terry.
J. H. Taylob,
Assistant Adjutant General.
Official. :
R. P. Hughs, A. A. A. G.
RESOLUTION.
Mr. HARRIS—That whereas It Is tbe de
sire and Intent of this body to comply witb
all the requirements of tbe Reconstruction
acts, and whereas this body is ready and
willing to grant to every member legally
entitled to all bis righte and .privileges in
tbis body, that a committee of three be
appointed to wait on the Governor and in
quire of him who are elected to fill the
places of tbe members declared vacant.
Messrs. BURNS and CANDLER op
posed the passage of the resolution.
Upon a vote being taken, Mr. Hants’
resolution was adopted ; and
Messrs. Harris, Nunnally and Fain, ap
pointed the committee.
Mr. TWOOTEN moved a committee of
five be appointed todralt rales for the Sen
ate. The committee appointed were
Messrs. Twooten, Speer, Campbell, Harris
and Wallace.
Mr. BRUTON moved the committee ap
pointed wait on the Governor, perform
their duty as soon as convenient. Passed.
The committee appointed to wait on the
Governor, under Mr. Hanis’ resolution,
reported the following from the Governor;
January 29th.
Hon. J. Harris and others :
to*gger.
In response to your request for tho names
of person* who were legally elected in
the conditions imposed were a mere notice’ lieu of Hon. C. R, Moore, E. D. Graham/W.
W. A. Matthews, J. W. Traywick, who, if
prepared to tako the required oath, arc le
gally elected.
I am, most respectfully,
R.B. Bullock,
Prov. Gov.
RESOLUTIONS.
_ Mr. NUNNALLY—that a committee of
*5155appointed to inquire into the eli
gibility of the members reported by the
Governor.
. Mr. HARRIS moved that the resolution
be laid on the table, which was done.
*Mr. HIGBEE—that the persons mention
ed in the Governor’s reply to the commit
tee from tbe Senate, come forward and take
tbe oath.
Discussed by Messrs. WOOTTEN, MER-
RU.L, BURNS, SPEER.
Upon tbe question being called, the res
olution was adopted.
Members sworn in before Judge Black.
Thomas Crayton, James L. Duuning, J. W.
Traywick.
doorkeeper.
Upon an election for Doorkeeper, 37
votes were cast, 19 necessary for a choice.
Upon eonnting the votes. William De Lyon
of Richmond county, was elected Door
keeper.
MESSENGER.
Upon counting out the vote, A. J. Came
ron was declared elected.
RESOLUTION.
Mr. MERRILL—That the Governor be
requested to report the name of the person
next eligible In the place of Mr. McCutch-
ens. dead. So
Mr. SPEER—That a committee of three?
be appointed, to act with a joint number
from the House, to wait on the Governor,
and notify him that tho Senate wrs organ
ized and ready for business. Withdrawn.
President pro tem., Messrs. Wooten, Dun
ning ana Harris were nominated. Mr.
Dnnning announced thatunder no circum
stances could he serve, and his name was
withdrawn.
Upon eonnting out the votes Wooten re
ceived 17 votes and Harris 19, when Harris
was declared elected.
(Senator Harris did not vote, while Sen
ator Wooten complimented Harris by vot
ing for him.)
Senate adjourned until ten o’clock Mon
day.
HOUSE OF REPRESENTATIVES.
Friday, January 28.
House called to order at the hour of 12, w.,
by the Speaker. Hon. R. L. McWhorter.
Prayer by the Rev. C. W. Francis.
ANDERSOM arose to speak. The Speak
er said the first business in order was the
reading of the Journal of yesterday. Mr.
Anderson said there was no Journal of
yesterday, as there was no Clerk duly elect
ed and authorized, and he protested against
any reading o' the proceedings of yester
day.
The SPEAKER overruled the objection,
and one Johnson proceeded to read the
Journal.
Mr. SHUMATE, of Whitfield, said the
Journal of the 26th inst. should be read;
hut the Speaker ordered the Journal pro
ceeded with.
O’NEAL, of Loundes, arose to speak, but
the Speaker said he wished to have an or
der read from the General Commanding.
A Mr. Newton then read a communica
tion from Gov. Bullock to Gen. Terry, ask
ing for his written approval of liis order of
yesterday. Gen. Terry’s reply was that he
approved of that order. •
O’NEAL, of Lowndes, moved to recon
sider the action of the House on yesterday
In reversing the Speaker, and made a
speech, and resigned the floor to Darnell
who called the previous question.
PRICE, of Lumpkin,-raised a point of
order. He said that O’Neal never gave any
notice tin yesterday of a motion to recon
sider.
The Speaker overruled him, and said liis
objection came too late.
Numerous members attempted to he
heard, but the speaker pushed the question
to a vote.
Mr. SCOTT, Id the din, moved to ad
journ, and called on the Speaker to sustain
his ruling of yesterday. The Speaker
overruled the motion to adjourn, and
the vote being taken, declared the mo
tion carried.
The Speaker then put the question, •• shall
the decision of the Speaker be sustained]!”
On this question tho yeas and nays wof*
called. ■
When Mr. Tumlin’s name was called, he
arose to say that he regarded’the whole
thing as prematnre, and therefore voted
“ No.”
Tho yeas were 68; nays 88.
The Speaker declared the motion to sus
tain the Speaker carried.
Mr. TWEEDY offered a resolution which
was read.
This was, with a number of whereases,
that the House seat the claimant mem
bers:
Mr. BRYANT arose to a point of or
der.
McWHORTER would not notice him,
but put tbe previous question, and declarod
it carried.
Yeas and nays were called.
SMr. BRYANT again demanded to be
heard on a point of order, but amid muoh
confusion the Speaker bullied him and
everybody else out of any points of or
der.
The Clerk, pro tem., Mr. Newton (as an
nounced by the President,) proceeded with
8 he call of the yeas and nays. The confu-
ion and noise was so great that the re
sponses of many members could not be
beard.
Newton, the pro tem Clerk by appoint
ment of McWhorter, and the Speaker rush
ed the call and verification thereof so rap
idly that members, amid tho noise, could
not tell how they were recorded as voting,
but the Speaker declared there were 65
yeas and 50 nays, and that the claimants
should be sworn In.
Mr.* SCOTT gave notice that he would
to-morrow- morning move to reconsider,
and that the swearing, therefore, could not
proceed, and he protested against it.
Tbe SPEAKER overruled the objection,
and directed the claimants to come for
ward and be qualified.
Mr. SCOTT then moved to adjourn, and
jsaid if the Speaker was an honest man, he
would hear it. [Terrible row.]
Great confusion followed these arbitrary
oocnrao Ttuoadu’a tulliel-nra annenankn/l
The SPEAKER said ho would have the
galleries cleared, and his dignity preserved
When Mr. Scott’s name was called in the
election of- Clerk, he said, believing the
ConsUtutlon and laws were .being over
ridden, he declined to vote.
The Speaker then declared that the vote
stood as follows:
S umber of vote* cast 123, necessary to a
choice 65.
78
26
13
7
3
1
Newton
Harden
Cleghorn
Carrington
Spalding
A.'L. Harris
Leave of absence was here granted to
several members.
Motion to adjourn was lost.
Motion to go into election for Messenger
was made and carried.
Mr. TUMLIN nominated that well
known and faithful old public servant,
Uncle Jesse Osiin.
Sims (c) nominated Moses n. Beutly. (c)
The Speaker declared the vote stood as
follows:
Total number cast, 000.
Necessary to a choice, 00.
The Speaker declared Bently elected
Messenger.
[Applause from Radical side. No ob
jection from tho Speaker.]
The SPEAKER then said that the elec
tion for Doorkeetier was in order.
A. H. Gaston,' of Bibb, J. Lineberger,
Jesse, Osiin', James B. Gordon and T. N.
Satterfield, were nominated. ,
Col. TURNIPSEED nominated hia par
ticular friend, A. L. Harris. [Much ap-
plsuse.J
The SPEAKERsaid, “Nothinglikefidel
ity—-It has Its reward.”
e^Thel
measures. Tweedy’s whiskers approached
Bryant, and there was great danger of in
stant collision.
Loud cries of order.
Mr. ANDERSON, of Cobb, obtained the
floor, and asked that the motion to adjourn
be withdrawn. He said he was for order
and the dignity of tbe House. Tbe lionof
of tbe members demanded it. Let the
swearing proceed. He would preserve his
self-respect. The Speaker had refused to
hear any points of order, and even though
they were oppressed, he demanded order.
If tbe Speaker forgot his self-respect, that
was bis own concern.
Order was restored.
- Tbe motion to adjourn was lost.
The following persons then came for
ward and were qualified:
Cass—W. Li. Goodwin.
Carroll—J. R. Thomas, (c)
Upson—William Guilford, (c)
Jones—Hutchings, (c)
Fulton—Henry C. Holcombe.
[Mr. Holcombe bowed very low when he
took the oaths.]
Spalding—Charles O. Johnson.
[This proves to be tbe same one who was
jturing as a quasi Clerk in tbe House to
day and yesterday. After being sworn, he
stepped back and continued tbe call.]
Dooly—Joseph Armstrong. -
Gordon—J. B. Nesbitt.
(NO credentials of these members were
offered, bnt they were passed in, all in a
bunch.]
The SPEAKER then declared that the
next.bnslness in order was the election of
a Clerk.
John J. Newton, of (some county ?)
Mark A. Harden, of Bartow.
Spalding, of .
Cleghorn, , of Muscogee.
Were announced as candidates.
Mr. SCOTT stated that he raised tbis
point of order, that there were other mem
bers here to be sworn in. He mentioned
members elect under Bullock’s proclama
tion, from Madison, Telfair, Marion, Wil
cox and Irwin counties, and demanded that
they too.be sworn in.
The SPEAKER said they might be sworn
In after awhile, but not now.
Mr. SCOTT then said that he desired to
say that if it were true, as the Speaker said,
that he was acting under positive otders
from Mr. Bullock on Gen. Terry, he had
no more to say, he submitted to the bayo
net; but if this thing wer e proceeding ac
cording to the Speaker’s own volition and
absolute will, he would be found stand
ing up and attempting to prevent
this, . and all the other out
rages of this day, upon the Constitution
and the laws of thi3 State, and this fla
grantly unjust trampling upon the rights
of tbe House, and the good people of tbis
grand old, but down-trodden, Common
wealth. [Immenie applause.]
SPEAKER declared that the vote for
Door-keeper stood as follows:
Total cast 118; necessary to achoicoGO.
Gaston, (c) - - - ... 57
Lineberger, ----- GO
Satterfield. - ... _ 1
The SPEAKER declared Mr. Lineberger
elected.
Some indignant African objected to this
as incorrect. The Speaker ordered the vote
verified again, and announced that it thus
stood:
Lineberger, ----- 61
'Gaston, (c) - - - 57
Satterfield. ----- 1
And that Lineberger was elected.
House then adjourned fill 10 o’clock, a.
m, to-morrow.
The SPEAKER first announcing that he
would, to-morrow, ask leave of absence for
liimsclt forafewdays.
Leave of absence granted to Warren, of
Quitman and Tumlin, of Randolph.
[After the adjournment. Tweedy, Fitz
patrick, and another Bullockite, made a fe
rocious assault upon Capt. J. E. Bryant, of
Augusta.]
Satusday, January 29,1870.
[In our report yesterday there was error.
Instead of “ Carroll J. R. Thomas (e.) It
should have been “Carroll J. R.Thomas-
son.” Hr.Tbomasson proves to have had
a white face, but we didn’t see him when
sworn—hence the error.]
House was called to order at the hour of
10 a. m„ by Speaker McWHORTER.
Prayer by the Rev. C. W. Francis.
Calling of the Roll omitted on motion of
Mr. RICE.
Mr. SCOTT, of FloTd, stated to the
Speaker that he ba'd given notice of a re
consideration of action of House on yes'
terday.
The SPEAKER ruled that it was a novel
motion to him, to reconsider an election of
members.
Mr. BRYANT arose to a point of order.
The reconsideration was upon the resolu
tion to seat the members, not on tbeir elec
tion and qualification.
The SPEAKER ruled that he would not
allow a reconsideration.
Mr. BRYANT appealed from tho decis
ion.
Mr. SHUMATE said that ho hoped the
appeal would bo withdrawn. That, in a
case like this, an appeal could not be bad.
The SPEAKER ruled that no appeal
could be. allowed.
Mr. SCOTT asked to have tho Journal
corrected, so that his notice of reconsider
ation might appear thereon.
Tho SPEAKER ruled that the notice was
of sudh a character that he bad not enter
tained it, and would not allow it entered
on the Journal.
Mr , of Thomas, offered a veso-
tio-ti that *.lie Clerk be directed to notify the
Sefiiate that the House was organized by
the election of Hon, McWhorter as Speak
er.
SMITH, of Charlton, offered a resolution
that a committee of three be appointed to
procure, the services of Chaplain for the
House.
Motion carried.
Mr. BUY ANT said that he wished to giye
notice that he protested against any action
of this House, on tho ground that it was
illegally organized.
• The committee to secure the services of
Chaplain, consisted of Smith, of Charlton,
Golden, (c) of v Liberty, and Phillips, of
Echols.
PHILLIPS, of Echols, offered a resolu
tion that members be allowed to retain their
present seats. Not acted upon, but Fitz
patrick objected.
O’NEAL, of Lowndes, moved the ap-
S ointment of a,Coramittee to wait on the
overnor and inform him of the organiza
tion of the House. Carried.
Motion, to set apart a certain part of the
galleries far the ladies. Carried.
LANE, of Brooks county, offered a res
olution that a committee of three be ap
pointed to prepare rules for the govern'
ment of the House. Carried.
The Speaker appointed the following
Committee under this resolution: Lane, of
Brooks; Phillips, of Echols; and O’Neal,
of Lowndes.
Mr. NESBITT, of Dade, offered a reso-
lution that a committee he appointed to
wait on the Governor, and request the ap
pointment of three commissioners from
tbe House and two from Senate to nego
tiate for tho annexation of a portion of
Tennessee.
A motion was made to lay the resolution
on the table.
The SPEAKER said the motion laid over
a day.
Mr. FITZPATRICK, of Bibb, offered a
resolntion that the House proceed to draw
for teats according to usual custom.
Mr. TUMLIN moved a' substitute, that
members retain their present seats.
O’NEAL, of Lowndes, moved to adjourn
till 10, a. si., Monday. The Speaker de
clared the motion carried.
For once Scott, of Floyd, and Fitzpat
rick agreed, and simultaneously called for
year and nays.
Mr. Hooks, of Wilkinson, who evidently
likes to hunt in couples, said he was “paired
off’’ with somebody.
Yeas 40. nays 82. Motion lost.
Mr. RICE moved to take up a resolution
to draw for seats. Fitzpatrick’s resolution
was handed out to be read.
Mr. PHILIPS, of Echols, objected—that
he had already offered one not read, that the
members retain their present seats. Tbis
was then rend.
Mr. FITZPATRICK offers, S3 a substi
tute, that seat3 be drawn for. Laid on the
table;
Resolution of Hr. PHILIPS, of Echols,
taken up. ■
Mr. RICE opposed it.
Mr. HARPER, of Terrell, called for tbe
previons question. Carried. '
Resolution of Mr. PHILIPS, of Ecb ,- ' 1 ,
carried. . J,a ’
iir. LEE. of Newton, moved to
till 10 o’clock Monday. Carried
ion called, but tbe Speaker wav _*i . “J
too soon for it, and the Hou^ adjourn^.
TO ^^ D wi?. T ^ ?A ? SOuw -- The <>“ly »nk
&*•&•*** of connection be-
4* ,an ‘ 10 and Pacific oceans was
supplied in the completion of
.bridge across tho Missouri
v ’Point. The work of construc-
tiol ?,” as "been pushed forward with the
rapidity characteristic of Western enter
prise! tne whole labor being performed in
Jittlo more than a week. At two O’clock
yesterday afternoon the structure was pro
nounced complete, and In less time than
fifteen minutes thereafter, trains were
crossing, and the work of transferring the
immense amount of accumulated freight
began in earnest. The bridge is well built,
piles being driven closely* together, on
which are placed the stringers upon which
the track is laid, the whole being rendered
firm and substantial by braces. This work
being finished, an unbroken rail comma'
nication. now extends from Portland,
Maine, to San Francisco.—Omaha Herald.
Six Oaks’ Cotton.—Messrs. J. H. & H. F.
Jones, Jr., of Barks county, have tbo “Six Oaks’
Cotton” seed fbr sale. This cotton was originated
and propagated by their father, Honorable James
V. Jones, and bears the palm for Its prolific qual
ities. and its flue staple.
Tbe Kentucky Senate passed a bill, on
Thursday, to establish anew county in that
State, to be called tbe county of Lee, in
honor of Robert E. Lee.
DECISIONS
—07 THE—
SUPREME COURT OF GEORGIA
Delivered at Atlanta, Tuesday, January 25.
[kifoktxd exteissly fob the constitution, bt
N. S. HANKOND. SCrBEKE CuFBT kXrORTEB.j
Stephen Belcher et. al. plaintiff in errorys.
De Witt F. Wilcox, assignee et. al., de
fendant in error. From Muscogee. Mo
tion to distribute assets of insolvent
bank.
BROWN, C. J.
When the charter of a bank makes each
stokhoider individually liable for the re
demption of the bills of the hank, in the
proportion his stock hears to the whole
capital stock of the bank, or to the whole
indebtedness of tho bank, a stockholder
who has redeemed by purchase or other
wise an amount of tbe bills of the bank as
large as his personal liability, i3 no longer
liable; and when sued as a stockholder, he
may plead tho fact, and tender tho bills in
court as complete defense. If the amount
of bills redeemed by him are less than the
whole amount of his liabitity, they are
good as a defense pro tanto.
2. When a distribution of the assets of
an insolvent bank is made In a court of
equity, and some of tho bill holders have
paid par for their bills, nnd others have
bought them up at a heavy discount, each
will receive bis part of tho whole amount
of the assets upon his bills, in proportion
to the amount he paid for them. As the
Code provides that a debtor to tbe bank
making payment to the receiver in such
case, snail not pay the debt In the bills of
the bank at a larger sum than ho gave for
them, if he bought them for less than par
value. A billholdcr, in the distribution of
the fund, will be held to the same equitable
and just rule. And be must be a bona fide
holder of the bill3, and must state or show
as accurately as possible the time when
they were purchased, from whom they
were purchased, and the amount paid and
in what paid; and each claimant has the
right to contest the showing made by every
other one as to the quantum ot considera
tion paid for the bills.
3. When the bank is Insolvent, distribu
tion is to be made in the same order as pre
scribed in case of administration, to the
extent applicable, except when special
preference or postponement is giyen by
law. In case of administration, creditors
failing to give notice of their claims with
in the time specified after tiie publication
of notice by the administrator, lose no
right to share equally in the distribution
of the fund with other claims of like dig
nity, if they have brought their claims to
the notice of tiie administrator before the
distribution is made. They only lose the
right to equal participation wiien the fund
is distributed after the time Used by the
notice and before they give notice of their
claims, and the right'to hold tho adminis
trator personally liable in such case. Ap
ply this rule to the distribution of the as
sets of tiie insolvent bank, in the ’ Is of
the receiver, and ho is bound to distribute
the fund to all creditors of equal dignity
in proportion to the amount of their res
pective claims. It notice is not given by
any such -creditor within six months after
the publication of the notice required by
lay to be given by the receiver, and the
fund Is distributed by the receiver before
ho has notice of other claims, be is not per
sonally liable, and the creditors to whom
payment was made are not liable to refund
or contribute to those who did not give the
notice within the six months. But he is
bound to make the distribution among all
the creditor^ whose claims are of equal dig
nity, in proportion to the amount due
each. Provided, They givo notice of their
claims before the distribution is made.
4. In such distribution, preference is
given by law to biliholders over other
creditors of the bank, and the distribution
is to be made among all blilholders whose
bills have been brought in before distribu
tion made, in proportion to the amount of
the just claim of each.
8. The stockholders of the Bank of Co
lumbus are declared by charter to be per
sonally, individually and severally bound
for tho payment of the bills of tiie bank,
-without suit against the bank, to tbe cred
itors holding bills unpaid, in the propor
tion that tbe stock subscribed for by each
bears to the whole stock of said bank.
Under this provision of the charter the
stockholders are sureties for ttic payment
of the bills of tho bank, liable to be sued
separately, but they are not partners with
the bank, and the law governing in case of
partnership is not applicable.
6. Stockholders who are billhDlders share
in the distribution o( the fund as other
biliholders. But if the amount of the bills
redeemed or owned by them is reduced in
this way below the amount of their liabil
ity, they can only set up the amount of
their bills remaining unpaid as a defense
to suits brought against them on their per
sonal liability, and if they have not bills
enough to meet their whole liability, thev
are liable forthe deficiency.
Judgment reversed.
Me CAY', J., concurring.
1. An insolvent bank may make an as
signment of its assets, and in so doing, it
may, since tho Act of 1365,1866, prefer one
creditor to another.
2. As by the Code, section 1493. bill hold
ers are preferred creditors in the case of
a-bank, the charter of which has been for
feited, an assignment; providing that the
assets shall be distributed, as is provided
for in cases of forfeiture of charter, is a
preference of bill holders.
3. Under the Code, bill holders, whether
they have come in within six months or
not, and whether they be stockholders or
not, are entitled, if they come in before tiie
actual distribution of the assets, in propor
tion to tho consideration, they havo sever
ally paid for the bills they hold.
WARNER, J., dissenting.
On the 31st day of March. 1866, the Bank
of Columbus made and executed a deed of
assignment of all its property and assets,
in trust, for the payment of iti debts. “ ac
cording to th apriorities established by law.
in cases where bank charters are surren
dered or forfeited ’’—the bank being insol
vent—the Act of 1841 providing for the for
feiture of bank charters (tho substance of
which is incorporated into the Code) de
clares, “that the Issues of such bank or
banks, shall first be paid off and redeemed,
and that the receiver shall hold over and re
tain a sufficient sum to pay off said issues
for a term, not exceeding twelve months
from the date of their appointment.” The
time, as-it will be seen, is limited by the
Code to six months. The 1493d section of
the Code declares that wiien a bank char
ter is forfeited, it shall be the duty of the
receiver “to pay the creditors pro rata
semi-annually, according to the dignity of
their claims, unless there Is sufficient to
pay all—to pay the holders’of the bills ie-
fore other creditors,if they give notice of their
claims within six months.”
Held, That when the charter of an in- ,
vent hank is forfeited, or surren*’
the billholder creditors there* - f jere “’
entitled to priority of payment
assets of such bank so forf'eito-j
M^ixSin^V 0 - ce v oftbeIr 8 ctata8
^rrender o?for' ,; f0m th f date of 8ucI >
surrender or tor ie jture. ami are entitled to
fcn n J> if ** thC ot ** r creqrcors or such
an '!* that it was th-e true intent and
jg of the Bank or Columbns. in ma-
?. lD g the deed of assignment that its bill-
.older creditors, who had given tho six
months’ notice, should be first paid: inas
much a3 their priority of payment is es
tablished by law, and that, as the claimants
on the fund arising from tiie assets of tbe
bank, claim ander the deed of assignment
they are bound to conform to its terms and
stipulations in the distribution of that
fund. 4
Held further, That inasmuch as tiie bill-
h’older creditors of an insolvent bank, tbe
charter of which bas been surrendered or
forfeited, who have given notice of their
claims within 6ix months, are entitled, an
der the law, to priority of payment before
the other creditors of the bank, a de
positor, being a general creditor of tbe
bank, is not entitled to share in the distri
bution of the fund with tbe billholder
creditors, he being one of tbo “ other cred
itors,” before whom the billholder creditor
is entitled to be paid under tbe law. The
billholder creditor, who has given the six
months’ notice, being entitled to priority
of payment under the law, the 1495th and
1499th sections of the Code were not inten
ded, and do not alter or defeat that priori
ty of payment; but on the contrary, pre
serve and protect it in the latter part of
both sections.
By the 9th section of tbe Coiambus Bank
charter, it is declared that “In case said
bank should suspend payment of its bills
on demand, or shall cease to do business.
Or said charter should become forfeited, tbe
stockholders in said bank shall be person-
sonally, individually, and generally bound
for tbe payment of said bills, without Suit
against tbe bank, to any creditor holdiog
hills unpaid, in the proportion that his stock
subscribed for, bears to the whole stock of
said bank.”
Held, That the stockholders of said bank
who may have redeemed and taken up the
bills of the bank, to protect themselves from
liability as such stockholders under the
provisions of the 9th section of the bank
charter, are not such biliholders, as the law
contemplates, who are entitled to bo paid
out of the fund arising from the assets or
the bank before other creditors: unless they
aro the holders of the bills of the bank to
an amount over and above tlieir liability as
stockholders: in that event Jhey stand upon
the samo footing as other biliholders, as to
the excess of bills hold by them, over and
above tho amount for which they were
bound to redeem, as such stockholders u n
der their contract when they accept tiie
charter.
Held further, That the biliholders who
are entitled to participate in said fund, are
entitled to be paid therefrom only the value
they paid - therefor, in good money, at the
time they became the holders, and bona fide
owner* of said bills, and should be required
to show the time when they became such
holders and bona fide owners thereof.
Wm. Dougert.v, Smith & Alexander, Mo
ses & Gerrard. for plaintiffs in error.
Peabody & Brannon, L. T. Downing, for
defendants.
Haiman & Bro., plaintiffs in error, vs.
Moses & Garrard. Assumpsit from Mus
cogee.
BROWN, C.J.
1- When the evidence is in conflict, and
no rule of law is violated, and there la suffi
cient evidence to sustain tho verdict, a new
trial will not be granted.
2. An attorney at law who had a claim
against a client for a fee as a retainer, and,
also, for professional services rendered,
brought suit, alleging In the declaration
that defendant was indebted to him in the
sum of $2,500. for “ professional services,”
aud on the trial offered evidence to show
tiie value of the services rendered, and also
to prove that the retainer was due, and no
objection was made to the evidence; and
the jury found a verdict for a sum which
with or without including tho retainer,
could be sustained by the evidence:
Held, That the introduction of evidence
as to the retainer did not entitle the defen
dant to a new trial, as lie made no objec
tion to it when introduced, though the re-
coni contained no separate allegation as to
the retainer.
3. If n party waives his objection to the
pleadings, by allowing the evidence to go
to the jury without objection, he is not en
titled to a new trial on the ground that the
allegations and the proof do not corres
pond.
Peabody & Brannon. Williams & Thorn
ton for plaintiffs in error.
Moses & Garrard for defendants.
Benj. D. Bryan, next friend of Mrs. Winni-
ford Bryan, plaintiff in error, vs. Thomas
Whetsell. defendant in error. Possessory
warrant, from Dooly.
BROWN, C. J.
1. When the husband refused to take the
benefit of the Homestead act, and the wife
filed her petition and schedule in the Court
of Ordinary, praying to be allowed the
property exempt for the use of the family!
and before the order allowing her the prop
erty exempt was passed in the Court ofOr-
dinary. the husband was adjudged a bank
rupt. and the property included in the
wife’s schedule was afterwards sold by the
assignee In bankruptcy.
Held. That tiie wife can not recover the
property by possessory warrant, from the
died, or i3 out of office and a motion k
made for a new trial, the Judge ro whom the
application is made, is required hy the rtil«
of Court, to ascertain the facta by the be-t
means at his command. But this does not
require him to re-examine die witnesses!
or hear the oral testimony as to wh2
transpired at the trial. The party moving
should present in writing, a brief of the
testimony and tho history or the trial in
writing properly verified, and this Court
will not overrule the Jndge below in re
fusing to take up the time of the uountrv
in an examination of the witnesses, to
make up a history of the Court and a brief
of the testimony.
Judgment affirmed.
Williams i&Tliorntou by M. H. Blanford.
for plaintiff in error. ^
Moses & Gerrard, for defendant.
Lawrence Rooney, plaintiff in error, vs.
John J. Grant & CO. Motion for new
trial from Muscogee.
WARNER. J.
When a case had been brought up to this
court by writ of error, which was dis
missed without a hearing upon the merits
of tho caso. and the judgment of the court
below affirmed, and a motion was made for
a new trial in the case in the court below
without Including in the- motion the
grounds upon which the new trial was
sought.
Held: That there was no error in tbe court
below in ovucrrling the motion for a new
trial in the case as the same was presented.
Moses & Gerrard for plaintiff in error.
Smith & Alexander for detendants.
U. M. Gunby, et. al* plaintiff in error, v*.
Madison Bel), Comp. Gen. Injunction,.
from Muscogee.
WARNER, J.
When a. bill waa presented to the Supe
rior Court praying for an injunction re
straining the collection of an execution
issued by the Comptroller General against
a defaulting Tax Collector and liis securi
ties; and after hearing the argument of
counsel on a rule to show cause, the injunc
tion wasre’ttscd.
Held: Tiiat if the complainants were en
titled to have any judicial Interference in
regard to the general matters of which
they complain, they had as ample and com
plete remedy in t e common law Court as
in a Court of equity.
Judgment affirmed.
M. n. Blanlord. Williams & Thornton.
Ramsey A Ramsey for plaintiff iu error.
C.J. Thornton for defendant.
GREEN LINE EXCURSIONISTS.
Tho Atlanta uelcgatinu.
On the Oars.1
28 Mn.ua Savannah, v
January 18,1870.$
Dtnr Constitution: Tiie lari her and far
ther we get South, tiie deeper and deeper
we get down into the Souilicrn heart. At
Macon we met a large and enthusiastic
crowd. A hasty breakfast at tiie Lanier
and a grand and beautiiul dinner at three
o'clock.
At Jessup's we met a delegation ot “salt
water’’ gentlemen, who cnti-e<l to tie pre
pared there a nice hot bic..ikf;>st. We have
a refreshment car, yet dom-ju-ticeto a sec
ond meal.
Maj. Fuarn l {old us the proposed pro-
Mat. Pearret tolu us the nr
purchaser at the sale made by the assignee, xraIU me in Savannah, u o atr.
in bankruptcy. it in tiie. Savannah News, prnvi
r wards read
ided tree for
all. everything else en route.
It really sectna as lliungii they had deci
ded to throw open the gates ol their beauti
ful city, and give every one the keys and
-j liberty to do as be pleased, and go where he
John W. Duer, Ordinary, Plaintiff in er- P'??* cd -
Judgment affirmed.
Phil. Cook, by S. Hall, R. F. Lyon, P. T.
Snead, for plaintiff in error. -
C. T.. Goode, by R. H. Clark, for defen
dant.
ror, vs. Peterson Thweatt, defendant in
error. Mandamas. From Muscogee.
BROWN, C.J.
1. The costs due clerks and sheriffs in in
solvent criminal cases, are a debt ag-iinst
the public for which payment is provided
out of the fines and forfeitures collected In
their respective counties. And an order
passed by the judge of tho superior Court
in favor^of a clerk, for an amount due him
in insolvent cases, is a judgment against
the public funds collected from tines anjl
forfeitures, to bo paid accoiding to the
priorities established by law, which can
not be attacked collaterally; but it may be
set aside if sufficient cause can be shown
against it, by a proper proceeding for that
purpose, instituted by tiie county or any
one else whose interest is affected by it.
2. The legislature has power to make
other provisions for the payment of such
jinns as may be due. It may provide for
the payment of such costs «s are not paid
by fines and forfeitures, by tiie levy of a
tax upon the county in which the costs
are due.
3. Upon tho trial of an issue formed up
on a mandamus againsf the Ordinary to
compel him to levy the necessary tax, tiie
judgment in favor of the clerk against the
fine and forfeiture fund tin revoked and un
paid is conclusive as to the amount due
and can not be collaterally attacked on
such trial.
Peabody & Brannon, N. L. Howard for
plaintiffs in error.
U. L. Benning, for defendant.
L. Margolius and James Kirlin, plaintiffs
in error, vs. Lockhard and Ireland, de
fendants in error. Motion to distribute
money, from Muscogee.
BROWN, C. J.
A motion to distribute money »yas pend
ing In the County Court, when a collateral
issue of fact was presented to a jury, and
the Court, in tho exercise of the discretion
given by tho statute in such cases, allowed
an appeal from the verdiot to the Superior
Court, and a motion was afterwards made
in the Superior Court to dismiss the appeal
on the ground that no securitv had been
given.
Held: As the appeal could not be entered
in such case, as matter of right, under the
general law, and as there rouid lie no
“ eventual condemnation money.” the fund
being in the hands of the Court, that it wv
not error in the Superior Court to reluso ’
dismiss the appeal.
Judgment affirmed’.
pifin“ffPu U e»or , . RamSey * Rams '*
foPdetend y anu. Bran _^’ ** the
John Carrugi vs. The Atlanti c gim
ranee Co. Motion for o' * £ 2 'JSST
Muscogee. ' w trlaI ’ ,rom
McCAY.J.
clause'that^ 1 -If ar 'osurancecontained a
“e null and void,” and the poli-v
that* the agents of the Comp.,uy
.j, 1 * ue would get additional insurance, and
.e agent consented, and the insured acted
upon that consent and purchased the insu
rance, the 1st policy is not void, although
the consent of the agent was not in writ
ing.
An agent of an insurance company au
thorized to make and revoke contracts of
insnrance is tbe proper person to give con
tract to the procuring of new insurance,
unless bis powers be restricted by the com
pany in this respect, and the insured have
notice of tbe restriction.
Notice of an intention to get additional
insurance, and consent thereto by the agent
of the company, is sufficient, under the
clause in this policy, to justify the insured
in procuring tbe new insurance, there be-
ing-no fraud. But if, after this new insu
rance is effected, tho original policy be re
newed and no other noticeln fact be given
to tbe agent of the new insurance, the in
surance will or will not be valid, according
as. from all tbe facts, and the conduct of
both tbe insured and tbe agent, the jury
shall believe it was or was not the intent
of the insured to commit a fraud by over
insuring his property.
In tbis case, as it is by no means clear i
from tbe evidence what the proper verdict
should be, as tbe Court below, has granted
a new trial, we do not think he has’ abused
his discretion, and we affirm the judgment.
Benning, Ramsey, Russel for plaintiff In
error.
Moses & Gerrard for defendant.
Every one is full of enthusiasm and fall
of good feeling. Champagne is ahuudant
in our cars as at the hotels.
As we approach Savannah, the houses
are decorated witli evergreens, and men
and boys stand waving br ineliesof pine in
welcome. Yours os.illatingly.
m»
Tiie following is a list Atlanta delegates
of Green Line Excursionists:
Judge Dan Pittman. Capt. tV T Newman,
DrJasN Simmons, E P Howell, J Tom
Glenn. John II Flvnii. R O ltab*un. Col
John L Hopkins. V A Chskill, Oiin Well-
horn, A I, Harris. B W Wren 11, W C Morris,
C Ilerbst, R Joe Godfrey, Tom E Walker,
W J Ballard, Jas 11 Calloway. Dr R .1 Mas
sey, W P Mitchell, H deGraffenreld, tVro
Rush ton. G W Price. W 1, Clay, Geo
Cook, J P Mayo, J U Andrews.
Georgia News.
The Macon Telegraph and M esaengrr re
ports business activity. - 0
The Mountain Signal '», V s Mi’ss Thula
McCrosky bas died from ’ ae r burns.
Sparta Times reports the death of
Mr. Wm. Parish.
The Columbus Sun says Columbus is to
have another large factory.
The Tvdbotton Standard savs Rome of its
beet -citizens aru going to Texas, among
tno-jj Mr. L. Davie and Dr. Keating.
The Elberton Gazette reports that the
survey of the the Augusta and Hartwell
Railroad has begun.
The Madieon Examiner savs Morgan, of
New Jersey, bought the Madison Qouso for
$5,000. Meningitis in Madison.
The Bainbridge Sun announces the death
of Mrs. Dutton. Major Harris says the
Bainbridge. Cuthbert an.] Columbus Rail
road will be completed to Colquitt by
June.
Statute of Limitations.—In a case be
fore the Superior Court vi-stertlav, Judge
Johnson decided the Statute of Limitation
was suspended November 30th, I860.—Col.
Sun.
. The Rome Courier says that Stewart who
killed Wood, has been acquitted. Judge
Underwood presided Rome ha« 229 busi
ness concerns—31 dry goods, 20 lawyers,
11 doctors, 20 family groceries, 9 liquor
shops, 6 milliners.
The Augusta Chronicle reports the fol
lowing as the officers of the Fair Askoci-
tion: Presidenr, W. H. Tutt; Vice-Presi
dent, R. Y. Harris; Board of Managers. P.
J. Berkmans, T. U. Nelson, T. P. Stovall,
G. A. Oates, F. H. Rogers, A. R. Wright,
Jas. W. Bones, W. H. Warren, Dr. Beck
with.
We have only to add, that nothing has
occurred to change the opinion heretofore
expressed, that the State is firmly in the
power of thieves and robbers, and that she
will not be released until she i - thoroughly
plucked. Nothing but an election can right
the wrong* under which we suffer. The
party In power docs not believe in and will
not permit fair elections.
The Savannah Republican gives ar
lengthy description of the hosp uiitiea of
Savannah to the Green Line Excursionists.
They arrived at noon on Friday. Mr. N.
B. Hotchkiss in tiie name of Porter. Presi
dent of the Louisville Board of Trade, in
troduced them to Mayor Serevin, who re
plied in a cordial welcome. Alderman
Ferrell and non. Solomon Cohen also made
addresses. Mayor Sharp, of Nasbviilc, re
sponded, concluding thus: -
“Friends, Neighbors, Brethren—In con
clusion, permit me to thank you for your
kind reception and able tender of generous
hospitalities while we sojourn wirh you.
I offer this toast: Tho Mississippi Valley
and Atlantic Slope—With the mountains
tunneled and the rivers bridged—tiie Ohio
and- the Gull—What God and man havo
united let not discord nor destiny nut
asunder.”
The events of the day were a boat race
won by the Louisa; and a banquet on board
the “ Clara Morse,” a large American ship.
George H. Bryan, vs. Myra T. Hickson.
Demurrer to bill. From Chattahoochee.
McCAY', J.
A Court of Equity will not entertain a
bill to marshal assets, on the sole ground
that there are numerous claims against tbe
estate, or that the estate is insolvent, or
that the claims are charged to bo compli
cated. There must be claims of doubtful
right to be settled or danger of serious In
justice, or otber complications, in which
the law, under tho ordinary legal tribunals,
incompetent to do adequate justice and this
must appear, from the facts set forth, before
a Court of Equity will interfere.
B. H. Bigham, by Thos. H. Whitaker for
plaintiff in error.
Ramsey & Ramsey, H. L. Benning, L. T.
Downny for defendant.
John J. McKendrie, vs. John H. Sykes.
Motion for new trial. From Muscogee.
McCAY, J. h
When tho Judge who tried a eanse has
Political.
5 . °i?£ on Republican State convention—
April 7.
E - Hammack is to be made a No
tary Public in Illinois—the first of the sea
son.
Gov * dewe , U ’ s administration, tiie
debtofConnecticut has been reduced6200,-
000 daring tbe past year.
Legislature has ten negro
SaBSSr two ln the ***** * nd c, * h * in
tho Wa Y s and Means Commit
tee in the matter of tariff on sugar—” We
do perceive here a divided duty.”
\vu^L I f B u , * tT,rea , of Iow " - Kansas and
KnSnVcterk elected * woman M
was tlie entlre name of a col-
^ dl Distrlct Clerk at Corsi
cana,-Texas, at the recent election.
ratified the 15th Amend-
“ e “ t ’ 1 ‘ h ®C? lnm . bu3 State Journal vents Its
pent up feelings by crying “ Glory!”
The Connecticut Democratic State Com-
2?if^® have designated Tuesday, the 22d of
Convention 3 th ° d * y of ting ol the State
INDI^TTKlfT Potkit