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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