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Itekln Constitution. Term* mi HakKrlptloa! it KKK LT'COS aTITUT ION po- unn f< 00 Al 1 *uh«rr1ptlon«i are parahto strict! r In advance and. at tkc expiration of Uptime for which payment if mv'.e ci.irM preTioosly renewed, the name of the • at*- r!K*-r will he ttncken from our book*. t *r tlohe of Ten $15 00. and a copy of the paper •mt free to the gel ter op. ATLANTA, GA.. NOVEMBER 14. 187 Speaker Smith. Till* umilcman bu ioomc i up into a *ud- den and Sattrrinf prominence, and Ike gen- er.il attention directed to him would wm to point l*im out as one of tl* ‘coming men" of Georgia. The lu^nlbin of bia name for G iTernor u reviving general consideration. Unkrrnalarial Cundtdntee. The following name* have been ?ugjested for Governor Ex-Got. Charles J Jt nkins, Hon Thomas Hardeman, Speaker James M Smith, Gen. Win. T. Wofford, Gen. John 15 G .rtlon. Hon. Herbert Fielder, lion. C. J*. W x»tt« n. Senator Candler. C andidate* far I ailed Mtatea keaatar. T ie struggle f.,r United Staten Senator Lae narrowed down to the following limited nmnlier of candidate*. Hr. If. \ M. Miller, n. A. It Wright, Judge John T. Clarke, Judge J.ts. S. Hook, Judge Worrell, Hon Thomas M Norwood, Judge Linton Stephen*, Genera: I*. M. B. Young, and thirty-nine others. ^ ^ The LrfHlatare. The Atlanta bid giving our citizen* the privilege of voting in any ward waa passed veaterday, and only needs the signature of t ie acting Governor Ui liccome law. .The bill it repealed wn the partisan measure know ii as lit*; "Hole >ml»c bill.' Let msi c if the ai ling Governor can rise above faction. Hud sanetion a projior measure. The S'-nrite repealed the usury law. Wr are glad to r »: 1 tlii*. L t u* try the expe rimoot of op.uing the door to nion^y, an 1 ms; if we can't have more money at cbeafier rales of interest. The Senate al-o repealed t! e act organiz ing the District Court ■». THE WEEKLY CONSTITUTION. VOLUME IV.l ATLANTA, GEORGIA, TUESDAY, NOVEMBER 14, 1871. INUMBER .‘12 DECISIONS U PUE.HR COt RT OF (iKOHGI.Ii IMli z* red at A&inta, Tuesday, Sor. 7, 1871. [uremrKi) ixnoimr for th atj.axta oomi-l shipp-d and sold by I'kpi in Liverpool as bis I enjoin the obstruction of the streets, unless A resolution by Mr. McMillan, that Ui%j of Eastman, and to repeal all I , - v- i - K ~— — •* ♦- dally sessions df‘this House be from T o*c1o« v k, j passed incorporating Uu* same ct* of tl.*-defendant justifying tbe plaintiff of the constitution which was adopted i s poking an age.iev, and as the other 1868. cannot fairly be said to be of j agents'was* a questioAo be decided by the [ they show some special damage to the r.x.f .,f the agency i- strong, this Court will force in relation to this tax after the adop- j j ur y under the evident.* in the case. What- selves from said obstruction, different from ot dis ':rb the judgment. “ tion of the new constitution, and the pas-age j eve * r might have been he liability of the de- the injury to the public. A W. Stone for plaintiff in error. oj^the subsequent acts of 1868, nnl 1809. fendant as the drawe'of these bills, if the’ Collier, My natt & Collier, for Trustees of . Law, Lovell Jc Falligant contra ’ ' 1 Andrew M. Ro% vs John Williamson. Pro- i the constitution of 1868 which will authorize E. F. A W. W. Lawson. Executor*, vs. J. feeding for office books, etc., from Chatham, the tax collector now to collect the tax W. Grubb, Administrator. Injunction, Mr CAY, J. spirituous liquors for that year subse- fn-m Burke. | In a proceeding by an in coming officer. • quent to that time, and that as the JOCI1RANE C. J. ! who ha* b-cn commissioned and sworn, • Act °f IS69 was not passed until the 18th irs from the lull that the »S-»i n8t his psed censor, to com pel the tuniing I M»rcb, 1869, it would be a harsh conF* a i i 1 iw f«,r the over of the books, pajiers, etc., of the office, t , , , •" ' .... . ... r ... rs provide! hv Sections 162, 3, 4 and 5 of rbt. lie n.t* an aiirq'..4ie r**ia 1 . » . .. . ,, ' 1 sale of the prop-rtv and ! '*• tue Courts will not go liehind the of the subsequent acts of 1. . , lt . UJHUk „ luc w *„„v € ~ ,.. Our conclusion then is. that there is no law I Sftm ^ bad been negotftfed and in the hands 1 Atlanta University. H of form inl868 subsequent to the adoption of ] Q f a bona fide holder ftr value, it is not nec-1 Clark A Spencer, Newman & Harrison, When it ap; ;<>rnpbtinant Ik imoent of hi- • dy by levy ai •q uty r *rce by a m < fnent already « »ct tip the in: •l assume jurisdiclio i, to ev ree, the collection of a jud .- ibbuned, where the allegi tlor** olvency of the parties merely, r of the Court upon the judg ment at law, is the proper remedy . and a de- uuin r to such bill, on the grounds stated, ou-dit to have been sustained. Judgment reversed. E f. Lawson, J. S. Hook, S. II. Corker pi-tintiffs in error. A. It. Wright, J. T. Shumate, contra. ary M. Marshall, plaintiff in error, vs Eli is ~ ~ ' , defendant in error. Case from iMpaarkinml >«i ikrtectrtf by llfvlf- III, The Savannah News say«that Art it 1 •orten. 3. <*f the CniiAtitulinn declares that “the llitMof lb*|»re»a*ntalive» has the sok* power to im;M*ach all p*TH"iu who shall have been or may lie in office." If there is any meaning in this distinct declaration of the Constitution, the IIoihc h is the name power to iui|Mai) h Rnlhark now, Inal it would have if ne were still in oflloe. Having llie power, it i- it* duty to investigate the charge* apinst him, an i. if gu l y, impeach l.itn lc f ire tl»e Senate. Let ns have " Justice, Wisdom and Mod eration" But first in order, let us have Jl 'STICK. Where a landlord rent*: in toe up|jer stories was reni« d out to ensnts, and a water closet in the upjier • w hich all the tenant* had wv* , ?h, by • of obstructions thrown in, overflowed imaged the gooilfl of the tenant in the •tore. Hki.d, that the landload was liable for the unit ' M accruing. Tlie fad of the act being I by the neglect or wanton* s* of other nants, when the pioof showeil previous ik>- tliat the closet wa* in had comiitioa by •c of irach tenant* to such landlord, tie- that i* was i:i the pMui.-e at tie* time of r< tiling, ami that the plaintiff had access , hut did not use it, does not change tin* Inlily. I' i- the duly of the landlord t«» »«; pn mi/ s frt-e from the consequences oru.u.i-ily from tin* hm* of a water which l*e.ums a private nuisance, i«.t properly iwil and attend** 1 to, and 1 .milord fail-, ami from such Cause damage ensue-, h«* Is liable. that b-.th charged the j i n il, relations \ A tftl|ht Thisg. Ju-t nfte lire the M » . Mr Mas*in, req n •?* d Lieutenant General Phil. Blif-ridun to organi/e a militia fine to prr- s«*rve order In the city. Blieridau «leclared inarlid la v. A young man named Treat, a m* inber **f this niilitla, a< ting under General Bin-rid.m'* instruct'nm* as a sentry, fired on and killed General Tnomas W. Gro.-v nor. Govern*ir P.ihm r, the lb |mhlicaa Execu tive of IliimUH ha* ordered Bin fklan and hi* coadjutor* in this allair to lie dragg.al l* foic tie Gnart f»»r the murder of Grosvenor. Governor Palmer appears to tbink that Sin-r id IU had no right to HU«pcn*l tin* operation * f the Constitution ami law* of Illinois,'and substitute iu their *te ul the law of military force to !*• defined and applied by himself. II • charges that Slu-rwiau ami hi* associates in tin* impromptu ard capricious, • terete of martial law, by tin-ir law!**** net* have attack***! nmi in*ii te*l the dignity and authority of the (Mate, and have, by their riant: ron* example, weakened puhlie confl- «lenr<’ in the «*on-iit»iii«*n and the laws, and in tli«*lr attempt to enforce usurped and law- leas authority they have *acrili**e*l the life of a pcacea’ib* eiti/en. Thi* is go**l for Pal ner. It i* rbtv ing for cm*titiili«mil law. Tin -*' Democratic Republicans, like Palmer, most inevitably drift to the iVmo. r ;ev, and the *oon*T wc ■liplicaut be- other an only the ward, the ; unohjectio.i- "that tiling* be preferred." IIki.d. That tinder the Code, section ITlffi, hurge did not in it- full meaning pri nt the provision* of la*.v for the ronsidera- i of the jury. In the language of tin* law the nearest of kin by Mood if otherwise i.j*-ctioimhle .s’jall 1« preferred." The losophy of the law is wise, and its admin istration ought t*» I** enf**tcnl, for superior vautuges of wealth «»r iulelli^eue.’ iu n stranger, cam ot jcaily invoke the exeiciacof n traUnl by law in tii «*r»linury, a* ar« st of kin i* uuohj*c« ion able, Jc the declaration of the law in fav >r o»* su !i n'.'arest of kin by bloo.l. Judg . cut r. v.*rs***l Ilf*. L. Barth tl for pramtiil in error. Key A Pie*ion,<W»w. J. Ik Hand B. J. Mima vs. 0. C. Thorpe. Rule vs. Sheriff from Mclntiwh. >1 1IUANE, C. J. Hki.d, under th<* facts in this cas;-. thr.t the tl, though out of oftl«*e. was lhble to Rule under the provisions of the ( <-de, and m*r in the Juilcc njM.n tli ’ trial of the traverse «.f ti.e Sin ritf nnswer. to reject evidence of the !a*t that the defendant in Ji f.i had property in hi* pos.srs.sion suHickut t*' satisfy tim j.nfsrmcnt, at the time <*i the n* turn of nutla hy such Bhcriff njx.n the »n, ns such evidence was admirable, lit to have h en submitted to the jury r eonskleration under the charge *.I the Court as to the law of the case. Judgment reversed. K. Gauhlcn by brief for plaintiff in et warji>: til*’ IMNII * will they cot This application of Northern State is very how the gander likes tl giving to the go**e. ies out of the way martial law to r mely. Li t it* sc* sauce it lia* Im«t gs-KliX. The Radical organ iu this city ha* 1 Its work again of aiding the rircnlatb slanders against Georgia. It i* a tr adage that it i* tt had bird that will - own nest. Tin* crime in the present. the greater, that the crucifix >n of the 1 party, i to cstahi w* of (lie Had object of those who seek to establish the charge of disoidiT against the commonwealth. And that some of our |hoplc should he triffi utary to *ueh an evil result, i* an anomaly, difficult of comprehension. It furnishes per haps the very strongest evidence to the theo ry of original depravity. If the object of thus singling u* ceplioual monsters of crime was simply the punishment of the alleged offenders and the shipping of violence, the purpose could lie applaud* d, ami even the over zeal iu the caii'C of justice be excused. All g **»d peo ple are interested in the preservation of order and the execution of law; and they will go to any length to secure these desin jocts. And however hard it may be the existence of trouble among us, that is not half as had :*.* the trouble itself, and no sen sible poopK- will run the risk of encouraging crime by * itber denying or defending it. Hut when the natural outbreaks of wrong that occur in every country and under all system* of society,* and that are incident to nature, art* to be exaggerated and perverted for partisan purposes; and when the effect of such exaggeration and perversion is to bring ah-mt the s;uq>ension of State government and the injury of the U st interest of a sec- ti*»n for political strategy, we say that the remedy is w.»r*** than the original evil, that men who lend themselves t*> such dis creditalde ernwwle r.gainst their own peoph and country «iesenre the reprobation of the good everywhere. It Is no pleasure to u« to pen paragraph like these. But truth ami right demand tncm. The nvin who fndtets his own sccti* njwm slanders f»>r partisan objects is a public foe. Wc have nevi*r lent the apologist of dis- orvler of any kind. We believe that if there are to-day, any political Ku-Klux in the South of any party, they are the mo-t dan grrous enemies that we can have, and condemn them and their crimes. This has been oar position always. We have had no more disorders in Georgia than »*ccur m all comraonilica. Crime is (ideal to society. Under the best cireum suiucos we always have had and alwav: have it The existence of the ordinary dis- oiders «>f society is r\o ground for using Iraordinanr remedies to stop them. Ku-Kluxism has lK>en a conx-cnient di: guise f«>r sca*n;v» The cases in this State that have been discoreml have been mostly simple occurrenci’* of usmd crime, that *umcd the Ku-Klux concealment for c Fsntmcc. Numbers of cases have also been discot ed where tlie perpetrators were Radicals and negroe*. who wished to bring piditicol odium upon the people, and add to the Ku- Klux slander. This year and last we cx |hi* J Hrveral in*tanc*» of this kind. Let this iniquitou* and shameful sort warfare on the Bute cease. No better i denoe is needeil of the quiet and lawfulness here, than the very fact that Radical journ als can, with impunity, slander the State and sport with her weifaie. Our ;Hi»ple are against crime of every sort, and the man or journal that assert^ to the Contrary is a slanderer and an enemy. City Court of Savannah. ,0( TIRANK. C J. i a building d. w. ir.« K IIRANK, C. J. contest f-*r go iliot—a colors nshipof the per N*» appearance for defendant. W. St* >•„ II. S. Wi-lmore. Quo Mu »»//*, from Chatham. LOCH RANK C. J. fuels in this cast;: Hki.d, That General Terry did not, by 1 removal of Wetmore ns the Ordinary unity, ami appointment of Sloi thereto, convey such a title to the office, a- lie application of Stone to the civil tlt-v could enforce under the Constitu tion and laws of this State. Hki.d aoaix. The facts recited in the pe- ion for^*/ > warrants, to-wit; That Stone, after the removal of Wetmore by General Terrx’, was ao]>*uiited to the office, :>nd tiled hi* boml and was commissioned by tlicGov- sor, did not confer such n right to the Ice as court* can recognize. The eommis- »n did ro». convex* more than the order of •pointment upon which it was liuscri. ami that app*»intment expired with the powers that gave it existence. *‘ki.i»auxin, ApjM»intinents undtrtlie R«‘- ttuetion Act* of Congress, to civil office by the General Commanding, was not by irtUv* **f the Constitution of the State, hut hv the p*>wcr of the Ael* of Congress, and *1**1 -liter upon the incumbent* nnv title to ime huiger than the acts tht*nm*Di-s ere of force. Judgment affirme 1. Diiugberiy, Andrew Slonn, f**r plain- «:*»mmisrion to inquire into the legality of the election, or the eligibility of the new officer. The simple fact that an officer elect docs not give hi* bond and take the o^th of officer within the time prescribed by law, is not sufficient: to work a forfeiture of his right to the office; it must appear that, th giving th** bond, and taking the oath i the time, was by the fault or failure of the officer. A. W. Stone, for plaintiff error. Hurlridge A Chisolm, contra. A. II. Smith vs. The Ordinary of Chatham. Mandamus, from Chatham. McCAY, J. 1. A Solicitor General elented in 186i is chopped from claiming coni|>ensalion under a l-i w pa*M'd iu IsoT, but repealed in 1866. 2. That i*ottiou of the Constitution of 1868, which confirm* and make valid the acts of the Legislature of 1865 aud 18<>6, wa* only intended to quiet doubt, and was not neces sary to give them validity. In any event, as that body was a government, dt foci>, iu har mony with ti.e United States its acts are good, pro/rrio * yon. ii. Tompkins for plaintiff in error. II. R. Jackson contra. S. J. Wilborn v.*. Executors of Mathew Wh’tlicli. Ejectment, from Baldwin. WARNER, J. This was an action brought by tlie execu tors of Whitfield againri tl*e detcudaut un der the statute, to recover the pos *nsion of a tract of land in Jasp*'-rcomity. I'l :■ plaintiff proved that the defendant wa* in po.-sc.- i’-n of the land and that lie rented it from Whit- fi -Id in the year 186*. also proved the value of the yearly rent of tin* laud, and that the premises in *1 impute was part of the land which witness’ father, Robinson, owned in his life-time. On cross examination the plaintiff** witne.»s stated, tna. the defendant went into possession of the land in 1858, and had Iwn in iMeses>i*)n of it ever since; that Whitfield v. .is now in possession of the land, that ilcfendnnt never claimed the land -s iits own, that it was irenemily'ugrecd by all the parties that the defendant should take posses sion of the land. After the plaint iff had closed his evidence, the defendant made v motion to make McAfee and others, who were deor’se.** of the land in dispute, under the will of John Robinson, parties d- fend ant, for the purpose of laying the foundation for the Introduction of evidence to show a paramount title to the land in them, and to prove that tli * defendant went into the imssession of the land a? their tenant, which moti- n the court overruled, aud tlie defendant excepted. The defendant then introduced himself as a witness, and offered to prove that lie was not a tenant of Whit field, hut w as the tenant of the person* claim ing tinder the w ill of* John Robins*m, who a ere u gl»t ti b? made parties defend *.n | th it John Robinson had Iwcn seiz* d and possess; *1 of the Istnl for f*»rt of it to say the leoat, that the should be required to pay the a*'es-n;* ;;t of one thousand dollars for not making tludr re turns for that portion of the year lHGii prior to the date of the act. It is true the act Is retroactive in as much as it declares tint the 4th section of it shall go into effect from and after the first duv of January, 1863, but the defendants could not have known its provis ions and requirements prior to its p;u»saire on the 14th March, 1863, so a.-» to have regulated their conduct by it prior to that time, and now to assess them one thousand dollars for not doing what they were not required to do un til the passage of the aet. would be contrary to tne fundamental principles of justice and right. We therefore affirm tlie jud micnt of the court below refuses to dissolve the ; n- j unction. Judgment affirmed. A. W. Stone, Win. Dougherty, plaintiffs in error. Ii. E. Lester, John J. Fleming, contra. J. R. Jones vs. J. W. Latbrop A Co. Com plaint, from Chatham. WARNER, J. This was an action brought by the plaintiff against the defendants as the drawers of five Mils of exchange dated Savarnah. Oth July, 1S»>7, for two hundred pounds e .- h, payable to the order of the plaintiff in London, at sixty days after sight, and directed to II* U rt Hutchinson, Liverpool, as the drr.weo t!n*rc- of. TilC defend:*!.t< | j v. ; these bills they acted merely as the factors and agents of the plaintiff in shipping his cotton to Livei|>oo) to b*. s**ld there, and tliut the hills were drawn by them upon the pro ceeds of the sale of tlie qiluinlili's cotton as his agents, and under his instruction?, ac cording to the known and usual ctMom of the trade in such cases, ami not on their own account, and they had not received any valua ble consideration t her for from tlie phi miff i.s the drawers of said bill*. It appc.es from the evidence in the record, that at th: lime these Gills were drawn, 1 luteliiii>on, 1 • whom the cotton was shipped, and upon whom the hills were drawn, was of good credit and standing as a merchant, hut before the bills were presented for p;n mi nt he became insol vent. The evidence on tin* trial va- quite voluminous, mu h of it being corres|K>iulence between the parties in reiaiioti to tne sale of the cotton, and as to trie sal*; of three sterling hills now sued, on, wld. a h d been delivered to the plait-tiff by the defend ant; The jury r •turned a verdict for the defendant A morion was m ule for a new trial on the grounds xrt forth in the record, which was overrul' d by the court, and the plaintitf except** i. This action it will b * ob served,is hr* urht against the defendant as the e«sary jto discuss in ^is caae. The main * contra. controlling question as presented by the re cord is, whether the defendant* are personal- lv liable to the plaintiff is the drawer of these Gills of exchange undeiihe facts and circum stances of the case? Ik our judgment they are not. and as there iskio material errors in charge of the court to the jury, t. r in refusing to charge |as rceuested,knd the verdict being right under the law applicable to the facts of South Carolina Kcws Items. [OONDEXSKD FOR THE COXSTITUTIOS.] The policemen of Greenville are uniformed. Two pounds and twelve ounces is the fcize of a radish raised in Abbeville countv. ( The dwelling house of Mr. J. W. DeTrc- , we are of ‘ Ue opinion, that the! ville, of Orangebuig, was destroyed by tire a judgment of the court b)low should be affirm- ‘ lew days ago. ed. Judgment affirmed, j LOCH RANK, C. J., concurred. McCAY, J . dissented Seventy-nine perlons are confined in the jail at Yorkville, for violations of the Ku- Klux acts of Congress. Captain W. F. Caughmnn, of Lexington, is T _ ; „ i dead. Atxrat three hundred arrests in all IV-Hiwinecr JoTiff ii/errur ’ i •“« be 111 n>a<lcof tlie Ku-Klux. Many ih:o- \y \ ^ ‘' t .. ^ | pic have fled from the counties under martial Harden y * /#. j HW xJnioti and Spartanburg seem to have Executor, of J. L. Duj.ec v.. Lucy Y. Du- 9uffered »>»«—Lexingm Vi,patch. prcc et al. Probate Af will, from Ogle- W. B. Heriot has been elected President tliorpe. [ | of the Charleston Board of Fire Underwri- Judge Loch ran e not bring ready to decide < ters. Mr. John S. Riggs has l»ccu elected in this case, judgment oyt it is postponed till President of the Charleston City Railway the next ti nil. . Company. Mr. J. Trenhy ha* been elected J in‘*»n Stephen*, Pecfirs & Stewart, Reid j President of the Hunki.lori Social Club of a. m., until 1 o’clock, r. m., was adopted. ’ I Ou motion of Mr. Bacon, the rules were} real estat suspended and a bill offered by him to repeal State, an act to provide for the manner of holding elections in this State, etc., approved October 3d, 1870, was read the first time? A resolution by Mr. Rawls, authorizing ti e Mr. Smith—A bill to in each Militia «»f th jeeted by tin 185 Tlii Vltli .trt **n the ground that j i. lead, and the defeti‘1 except oil. The defendant offer.**! i; a certified copy of the will of John for the ptirjxMC of showing title to in Me A fee and others, which tin Jecti d, a id the defendant < scepted. fendant offered to prove liy James the plaintiff’s witness, the same fa nipt* d t*» pr**ve by the brought ag as the factors a tli*: question i liable to the pi: hills of cxchai Hosed in the re w is. that tlie lialile for the f^vnuap ti;« its tenor and elf ct to the p i in, and is founded on ti.; drawer has funds iu t!;e ha: Robinsoi urt i •id lnaai" rejected, w hich tl iv him to do. Whereat}.on tli' 1 defendant pvd. The jnry found a verdict for trio niff, and the defendant m id* a morion i new trial, assigning ns er«Mtn*ls therefor rtiliiv-'N iff ti;e court as l»ep_tofore lotion was oxvrruhal. e tn«* general rule of law, t dispute the title of his ulloril, vet, tiiidi-r the statement of fact* iclos -d by the record, the Com t should vc a’*lowed tho parties to have been ule as propowtl l»y al!* vhlch enant * Ib.binxm in evidence, and also should have received c.ide-uv as to the identity of the land mention-.! in the will, and evidence ns to wheth< r the defendant was in fact the tenant of th<- parties claiming under the will, or whether he was in possession of the land r.s tenant * f Whitfield, so as to Irm; nseci tallied from the evidence what were the rights of lie nspectivc pirlies. And tin n the Court honld have charged the jury as io the law p;>li* able to lamthird ami tenant, and left erro tiff i Hart rid; Passenger A Chisolm, Jackson, 1 ; on A Icdgeville Manufacturing Company vs >rge B. Rives. Assunqisit, from Bald- i McCAY. J. Where an attachment had been issuG again*! A, ami at tlie trial term it wa* agreed that R should be substituted for A, and the cansc pr«»cceti against him ; Hki.d, That this was a dissolution of the Attachment, and the cause stood upon the ting of an ordinary suit against B with service waived. 2d. An agreement by counsel that a cer tain pa|*cr descriUvl in the Agreement should !»e used as evidence, removes ail oh- jections t** the proof, and to the stamping of tli*- writing. 3d. When there was n seitlunent in 1867 of contract,made in 1862,payable in t onfedc t‘ currency, the basis <»f which settlement w« ilt:e «»’f Confetlerate money at the date < the eontnet, wlticlt the debtor then paid i cotton, taken at 30 rents per pound, w hen otton was in fact selling at 26 cent*, and the parties agreed in writing that if the Conns should settle the basis to lie that the true l am* of settlement was the value *>f < federate money at the maturity of the tract they would modify their settlement accordingly : Hki.d. That the right to open the settle ment, i> made by agreement to turn, upon the settlement by the coart* of a rule that Confederate contract* are to be scaled, on the ; of the ratio of Confederate money at the maturity, of the contract. Hej.d also. That before tlie plaintiff could recover in this case it was incumlicnt on him to show, th it the court had, settled the rule to bo, as the contract provided, anil as there is no evidence, to this effect, a new trial ought to have been grante.1. Win. MeKinly, for plaintiff in error. Linton Bt phens, A».ifro. •J ;1 : to find t • facts tinder th i.icx fill the .-j-.-t;* lefendnnt, Willmm, as Gang .lead; (-*e Aduiini :ra’.i KoIk rtson v Loop!rot. det-i.h**! at thb f the Court) But " • are aattofied tGi ,as not been fairly tri«*d on its merits, he statemei.t of f ids disclosed by ther 1 th* jndgni • r. for* it of l iirder a new ir • Court below b; c-t**n, for plaintiffs i !rcw ( ham WiiUin=oi WARNER. J orincd t of the Code. The defen.'m and t>i mie on C«*urt. 1 lie jury 1 n tor trial id a: i> remov .c 4020th t filed .1 -ue lllU: ithe Su A • bin* them for r. ad agents * whether i.tiffrs s’ ■ord. The egc’Ct of duty ■ plaintiff, and cr of bill of < llll: . !i he the i. the r:sl pi-c- :<i "and ? The i which K»1 and mption of^tlie I. umptioii of the law, as lx*!v.*. ct ontr.xttng parties, may i/e t iverconie by the facts*>f the c • hem. What are the facts of th plainlifl liad eight-five bales of he desired to have shipp' d to J sold there and receive Iri »>-. vmt-i.l liicrcfo: ter ling bills, and fur that puipo.-*; he sent liL ■oUd.i to the defar.dar.! . i.i- f * :or* am agent* in the city *if b-iv a. a. '1 i.c ctutoT vas received by ti;e dcfi-ni’.ints on or abou lie 24th of January, l^/T, who wers in itruelcd to ship the same t«> tlieir.-or:e?pond ait in Lhrcn>ool, for sale. In oliedieuce t< licsc instructions the deb • *;:•. . shipped tin •otton to Hutchinson, th ir cornsp:indent ivho nccived and sold the - *m:\ rendcrin: in account of tlie sale of tli” cotton to th* defendants, dated Liverpool. 5iii June, 1-M»7 Tiiis account of the su e of the cotton ren k-red by Hutchinson i* thus stated*. “Ac omit of sale of 45 bales cotton pc** ‘Sullivan, roni Bavannnh, sold by liohert tint or n. comit of J. R. Jon*** J. W. Latbrop A Co.’’ Ti l on account of the d« f< count of the plaintiff, and t t the property • but the property of Hi' p v the plaintiff to receive th le of his coUon in die h n, the defendants’ c*irr* Nil, these bill* were lira* tage aud custom of the l Mcssn but. * :l Toenald ruc**cd* of tli s of Hutchin dent in Livei ster bill* tin Thi A Martin, for plaintiff ia R. Toombs, J. D. Mali* *«, contra. Tli- following de isioas were rendered oti the 9th instant: j William H. Brewer, plaintiff in error. Wiley Jones, defendant in ctfbr. Refusal of an injunction, from SuniUf. LOCIIUANE, C. J. t When, by mistake of t\ Magistrate in fail ing t > mirk the name of' counsel to the de- f, i'l-,.- of a suit pending in hi* court, judg. inr-nt wa* alitained against the defendant- fendant under a mistake and ig-! jVIav Cuarle;ton.—CJuvl*ston Courier. GEORGIA LEGISLATURE. ajip.caln, of them for the pnimisc Tuesday, November 7,1871. SENATE. The Senate met at 9 a. m. President Tram mel in the Chair. Prayer by Rev. Armenia* Wright. The roll wa* called and the journal of the last day read and approved. A bill to repeal an act to make it lawful for the legal voters of Atlanta to vote for any ward of said city, and to pre- oting for Aldermen xcept that in f the fact*, let the time elapse for, Ton j an y citizen front and till’d his bill, stating the facts of said city in any i.i’r.c, mid also tliat he was not liable i which he may reside (known a* the Holcomb (lei4 sued, it Ijcuig as^ lie alleges a j w;lSf on motion of Mr. Hillyer, taken up « .... third reading. Senator Campbell opposed the passage of }* the deb| of another under is denied by tlie defendant to the biii, and upon hearing the evidence the ; the bili. court refused the injunction. j Mr. Hillver reviewed the history of 4he Hki.d, That the court erred under the I bill, which* was passed, facts alleged in thcjbill. 1 We judgment having I rj])a were read the first time. been obtained by mistake, equity had jurisdic’ion, and the fact cf tlie liability was a question for tlie jury upon the evidence, and it was by the duty of the court to have restrained the levy undersnch judgment until the hearing upon all the facts and evidence of the case. J. A. Atisley, by A. W. Hammond A Son, for plaintitf in error. Samuel Lumpkin, contr■$. B. F. Carr vs. A. II. L-j. Executor, et al. Injunction from Newton. WARNER, J. This y. :is a 1:il filed praying an injunction oa the following Gate of^aeis: In March, 1*68, Lee, executor of Henderson, obtained a judgment ag linstCarr, the complainant, for .s4,-Y o. on winch an execution issued aud was 1 vied on Carr’s property, fttul it was advertis ed f.»;• sale by thcxhcriiV, ou the first Tuesday at November, 1871. On the 4th October, 1*71, tiutli llcuderson, a judgment creditor of Lee, whose judgment was obtained *29rii Marcli, 1S71, sued out a summons of garnish ment aga:»>t Carr, requiring him to answer at tli** Superior Court of Rockdale county on the * cwiid Monday in Myrch, 1872, what lie was indebted to Lee. The Court refused tl*.- itijundiou and the complainant cxcepte I. It Cirr’s pD’pcriy had been sold as ail -A bill to require non-resident take out licenses, and for •i he cotiM answer then owetl Lee after dc- am .unt for h^hich hi 5 * pr**p- o-i had Heck sold, so that ^••difficulty in j»ro -iiLl tli* r • would have hr:• ..^diiitcuiiy in pro t-s-tb.’ h k • If - a '--.rftr.gw- p-iv IhcjdnUl t.vi v :i< tlu* summons of famishment did „ ru: ;i;** him to nn-'ver until .March 1872 and I.re’s judgment being of older date than summons oi garnishment, protected him as against Roth .aruiidinivut as to the amount if ids property. :i i!iv i t of the court below refus- he affirm d. , C. J., and McCay, J., concurred b *>y iff i I). Harrison, Contra Injunc- . II. B< ‘ Appli W.' that tin he lit fendant. lew trial on s« vcral grounds which - ‘tiled by tin court,and tlie defend;.: d. From tlu* facts disclosed by the record, here wo* no error in overruling the motion or a new trial in lids ease. The defendant rlaimed the possession *»f tlie premise- in good faith under a legal right ns show n by his Iced to the smut*. If tlie manner of his ntry thereon was illegal, um’er that legal daim of right made in good faith to the pos- c-«ionof th<-land, the plaintiffs’ remedy wa? by a proceeding f* r "forccxMo entry and detainer," or by an action of tn sj . s to re cover damages lor the alleged illegal act.-' n the part of the defendant, hut he could ot lie removed as an intrjder under he pro- isi >n* of the Code. Mclian vs. StanscII, Uth Geo. Ib p. 197. Lit the ju Igmeut of the court below be affirmed. J. C. Bower, Jonathan Rivers for plaintff in error. F. Chamber*, E. Cumming, con fra. U. Dart. Jr., vs. L J. Dupree. Complaint, lrom Glynn. Cliarlc? Merriwether v*. Missouri Smith. Complaint, from Jasjier. McCAY. J. When a contract for labor was entered into on the Sabbaili. and tlie contract wa* performed afterwards by the laborer; 11ki.il That the promissor cannot defend by setting forth the illegality of the contract. When a wife, by the consent of her husband, makes a contract for her own labor, which contract it is agreed that she is ‘ self to receive the compensation, she n iler our law, sue and recover in her own name. Key A Preston, for plaintiff in error. Geo. T. Bartlett, contra. E B. Chipman vs. Rockford Jt Holman. A sumpsit from Chatham. McCAY. J. A new trial will not be granted, because witness swore on the trial, to a fact wholly unexpected to the plaintiff, who, at tlie time, knew the sta*eineiit wms false, and that he cnakt to prove by a warn css whose testimony he coaid have procured had he thought such proof was necessary. The party surprised, by the statement of the witness, should have moved for a continuance. He cannot take hi* chances of a verdict and then claim a surprise. *. As there was some evidence to support the charge of the court on tho question of the WARNER. J. This was an action brought by tlie plaintiff against the defendant on :ui open account for wages. The jury on the trial found a veruu t in favor of the plaintiff for the sum of 14.00. A motion w made for a new trial on U e ground that the verdict was contrary to law, lcor.tr :ry to the«bargeof the Court, and con’r i- ry t' the evi lence and the weight t»f the */i- dencc. Tlie Court ovcrrled the motion and the defendant cxc.-pted Tlie evidence was con flicting, and the jury were the proper judges as to the credibility of the testimony of the wit nesses. and the weight to which ii was entitled iew of their interest and relation to the par- . In such case?, the uniform ruling of |this Court has been net to interfere with the diet when no rule of law has l een vio- [lated in submitting the facts to the jury which probably might have produced a di’f- ,-iit result, the more especially when the hiding Judge who tried the cause is satis fied with the verdict. We find no error in this record, which will authorize this Court to set e verdi*t ami grant a new trial. Let the judgment of the Court below be affirmed. IlanisA Davenport, by Jno. Co’.lier, for plaintiff in error. Harris A Williams contra. J. J. McCown rs. Wm. M. Davids* *n, et aL Injunction, from Chatham. WARNER, J. Tlii? was a bill filed by tbc complainants to restrain the defendant as the tax collector of Chatham county, from collecting a tax on spirituous liquors for the year 1866. alleging there was no tax due thereon by law for that year, and also to restrain the defendant from collecting the penalty of (me thousand dol lars for t ot making their returns for liquors sold by them during the first of the year 1^. prior to tlie lbth of March, 1869, the date ot the act of that year. By the 6th sec tion of toe act of 1868, providing for a spe cific tax on liquor* sold, it is expressly pro vided that that section of the act is to go ibto effect from and alter the first of Octo- lier next. Tlie act ia dated 5th October, la68, but the 6th section thereof was not to go into effect until the 1st October next there after, which would be 1st October, 1869. The aot of 1866 in relation to this tax on spir- tiuous liquors, in view of the provisions of that term, record shows that the usage of the trade was to draw sixty w.*s done in this case by the merchant in Savannah, shippm that it was the custom to pul tin cotton sold at Liverpool to the tm reliant shipping, but the ucc.it pool showed to whom the cot? and no person except the mcn-h the cotton could draw for the pr sale thereof, who would settle u cipal to whom the cotton bcloti accounts rendered in this ei-;\ were atcom- ing t.» the usage and custom of th* trade. These bills, therefore, were in fact drawn by the defendant as the. shipping factors and agents of the plaintiff*. t<» enable him to re ceive Uic.prociN.ds of his coiion shipped by them to Liverpool and sold by tin r.i, under hi< instructions, according t*» tne ns tire and custom of the trade, :u. I were not diawn h}' them in favor of the plaintiff for any valuable consideration received 1 y them, from him, therefor. After llese bills were drawn, and the amount id" sales of the cotton had been rvn.’.utd to the plaintiff, the same were delivered to him, who retained them i:t bis pc-jesdon, nearly three months, tc.l/iont otjr •iimi, and in the meantime corresponded with the defend* auis as to tlie best time when to dispose of them at the highest rate of premium f ling bills, and finally transmitted th »: them to sell for him. as his Hg »nls, w their judgment, they could re:.:., the highest market value therefor. As late os tli*.* 20th October, the plaintiff wrote the defendants to purchase for him three barrels of pork and deduct tbc price thereof front tlie sale of the hills of exchange there iu tucir hands for *ale. After tiie defendants had informed plaintiff of ithc failure of Hutchinson, he wrote them on the 4lh November: "The loss of the money, will be a terrible blow on me financially speaking. I feel very bine on tlie subject; yon will please keep me regularly advised of any new developments in the mut ter, and for me see what can be made out of the matter.” Again, on tl e 23d of Novem ber. he wrote them, stating,that "if by the 1st ofIDecember next, nothing satisfactory is re aiiist the • L i»*«yI strain th* land, : l»il! filed hv the complainant h M i nus on the fid of October, ; ;..r n\\ injunction to restrain * f a note then in suit, and to rmi'fcr < f two other notes not ieli the complaiuant l.ad given .-.its for the purchase of a tract ing that the chief value of said \ as the timber then standin; which wa- the main inducement in making ic purchase thereof; that prior to tlie sal .•> i■ i- tinaiit, t‘ii* deh ii'iants iin.*’ r <-;i the land to nthrr par- i wiihont lii-i knowledge. The injunct' .as grunted. The bill was demurred to for ,•uni *>f equity, in.».-;mich as the complainant • i an adi ip.ialeand complete ivmedy at law. h - Court overrnhul the demurrer ami re- linv.i the injun tion ; whereupon, the dc- fendunts excepted. Iu view of the facts dis closed by the record there was no error in the Court below. The bill and injunction waa retained on two ground-: Fret, for tlie purpose of restraining the transfer : two notes not due at the f tiling the bill. Second, to a multiplicity of suits on the several iven for the land as the same became n.- to have the whole matter in con- / Vtween the parties in relit ion to of tlu? land settled by the decree on 1 i». arii. r of the bill. Let the judg- ' .'ue court below be affirmed. Meldriin, II. B. • Tompkins, for plaintiffs in error. Juo. C Nichols, by Z. D. Harrison, contn Mr. Hil liquor deale other pnrpo Mr. Nutinally—A bill to incorporate the Mechanics and Traders Bank of Georgia. Mr. l’eddy—A bill to incorjwrate the La- Grange and Bimiitigimm Railroad, and to grant certain powers and privileges to the s tine. M r. Reese—A bill to compensate ordinaries, sheriff* and clerks of the Superior Courts. Also a bill to provide for taking bonds of public office:s and qualifying the same. Mr. President—A bill to regulate trials be fore juries in certain cases—providing that a requated charge, which i* rejected, shall not be read to the jury. Al-o a bill to prescribe the manner of incor porating bills of excplions, and for other purposes. Also, a bill to amend section 2534 of the Code, making personal property purchased bona tide, and held for two years, to be dis charged from all liens. BILLS ON THIRD HEADING. A bill to repeal the usury law in this State, anti to fix the rate of interest at 7 per cent., where the same is not fixed by agreement of parties. Mr. Matthews offered an amendment which d upon reduce tlmt other commodities. Hinton oppose 1 the hill because it would divert capital from such investments as would benefit th** puplic; would advance the intcr- ts of a few at the expense of the many, and the law which it proposes to roped has siofl&Tue le»tOf malty yeais i.ij. Mr. Brock spoke in favor of the bill. 31 r. Mathews also favored its passage. Mr. Hillyer pioposed an amendment that ♦he rate of interest ahull be fixed at seven per cent, w Inch may be changed by agreement, in writing, of jnrtics for a time not longer than one year, and if the debt shall not be paid at the expiration of that time, five per cent only shall lie collected thereon, and in- sUtcd that tiiis amendment would mak** it tlie creditor’s interest to collect the end of the year and so promote the circulation of capital, aud would break the force * f the innovation. .Mr. Brown was opposed to the amendment. The amendment of Mr. Matthew Tlie amendment of .Mr. iliilver v The bill was pui* v L Mr. Erwin offer? 1 a resolution that the Committee * n I’itblic Printing be requested to inquire if the act* and journals of the la?t Legislature are ready for distribution, aud if ready, why then havo they not been dis tributed. Adopted. A bill to provide for tilling the unexpired term of Hon. R. I*. Bullock, lato Governor, by a special elect 1* n, wai taken up and re ferred to the Judiciary Committee. A message was received from the Govern or, merely stating the transmission of the re port of the Comptroller General. A bill to repeal an act to organize tlie Dis trict Court and define its jurisdiction. Mr. Hiilyer offered an amendment exempt- g the 10th and 35th Districts from the op eration of the bill. llinton thought the bill was not con stitutional until some substitute for the Dis trict Court should be adopted and moved to lay it on the table. Motion was lost. Mr. Reese was opposed to the amendment. Mr. Welch stated that the District Court was desired in his District (iOlli) and hoped it would be exempted from the bill. The amendment was lost and the bill ed. purchase of a number of copies of public law* to be prepared by D. P. Ilill, Esq., was referred. The bill to change the time of holding Mc Duffie and Columbia Superior Courts, was read the third time and passed. Also a bill to incorjiorate the Van Wert State Mining Company of Polk county. \ number of bills were read the second time and referred to appropriate committees or engrossed for a third reading. A resolution by Mr. Hudson, of Schley, in structing the messenger to ascertain if the State Librarian has a sufficient number of oopiet of the State Oftltnttai aai public- laws of 1870, for the use of members, etc Adopted. A resolution by Mr. Snead, providing that three additional mumliers lie added to the Jadidttj Committee, WAS introduced biituot acted on. A letter from Mr. Page, of Lee, and a cer- Scate of his sickness from hi* attending physician, were read. Air. McWhorter moved that leave of ab sence be grunted to Mr. I .ax*. Mr AlcMwian staled that information of Mr. Page’s presence in Chattanooga. Tennes see, on the same day on which Jos certificate was signed in Catoosa county, had been re ceived. Mr. McWhorter withdrew his motion. On motftSn of Mr. Craig the rules weresus- p< nded, and the message from th<* Governor, transmitting the report from the Comptroller General, was read. The rejiort was referred to the Joint Com mittee on Finances, without being read, A second message front the Executive transmitting the report of the Sup rinten- dent of Education was read. The report, without being read, was re- rr *d to the Committee on Education. On motion of Mr. Phillip*, the rides were suspend d and a bill to legalize and prescribe the manner of issuing processes by clerks of the Superior Courts in the Alapniiu Circuit was taken up. Mr. McMillan from the Committee on En- r llnient, repor e 1 t a the following bills and resolutions were duly enrolled and ready for he signature of the Speaker, to wit;* The fill iu relutiou to the manner of holding elec- ionf in the citv of Atlanta; also, a resol i- ion declaring that IL B. Bullock, 1 :t Gov ernor, had defamed the meiniiersof thU House and the people of Georgia; ala \ uj m:t reso lution rescinding a joint resolution of the General Assembly, approved May 5:h, 1S70. Leave of alienee for two days wjl j granted to Mr. Cato, of Troupe. olution providing that tlie Committee on Public Printing on the part of the Senate and House enquire into the report tli n Sam uel Bard, Public Printer, ha* rc* T g \ and said Public Printin'! is being done under a contract made by K. R. Bullock, late Gov ernor; and if said report be true s;i.l Com mittee bo authorized to contract f«.; Public Printing until a Public Printer can lie elect ed. This resolution wa* adopted. A resolution authorizing the appointment of tlu* following additional eouimdUes: On the West, m and Atlantic Railroad "ii Cor porations ; on Petition* and Memorials; on the Stale Library, and Public B lildio . s, was adopted. A resolution authorizing the j »int Finance Committee of tbs S**nati* and ILmi-- to re port what legislation i* n«*cc*sary i.« |.r«.1ec» the credit of the Sfcite from certnin acts of the last General Assembly, was adop e»l. The Ilou*e th«*u suijourinxl uutii 9 a. it. to morrow. Mr. RicliarJson—A bill to am «utb«rue the Onlinarr of Lam to i ?ue bond* to bail J a jail in v.; Mr. McWhorter—A Iiiil to i Ocicthorpc Pcrtilirinj, Cnmbnio Mr. P«hly—A Iiiil lorcpi'il- a- pennantnt tiicsiteof ti,,- m,hi,.- ill, the county of ll.-ar i at dm town y anti to incorpunte die k.iiic. .i pf'fT ~- v 1,111 '» cliatijc tl,.' county silt ,if ClatU- county fr,.i„ Wad.i,„villc to sswtBsr— -**- d an act to in county »* -nty. . rite the ' »make igs in tiffin, T. 13. A, ccived or heard from Mr. llulchia -n, amll you see no reasonable chance to make nnyl |thing out of tlie bills for the present or at ai early day to reimburse you f**r the pork sen I to n?e, I will remit the money to you for tliel pork." It is quite apparent that up to til it I time, the plaintiff did not consider the de fendants were personally liable to iiim as the drawers of these bills, and he then had full knowledge of all the facts. The relation of principal and ageut a r ties gw he re ver one person expressly, or by implication authorise s another to act for him, or subsequently, rati fies the acts of another in his behalf—Code 2152. The form in which the agent acts is immaterial: if the principal’s name is dis closed and the agent professes to act for him, it will be held to be the aet of the princ'pal —Code 2169. The plaintiff’s name was dis closed by the defendants as the owner of the cotton when shipped to Hutchinson, by them as the agents of the plaintiff and the amount was rendered as the proceeds of the sale of the plaintiffs cotton according to the usage and custom of the trade, and not as the de fendants cotton. The agents ruthority will lie construed to include all mecessary and usual means for effectually executing it— Code 2170. According to the evidence in this case, the drawing these bills by thi defend ants as the factors and shipping agents of the plaintiff, was the necessary and usual means I to enable them as such agents, to obtain the proceeds of Ids cotton m sterling bills. Where the agency is known, and the credit is not expressly given to the agent, he is not per. orally lesponsible upon the contract. The question to tt\om the credit is] given, ia a question of fact decided by the jury in each case— Code 2185. As between the defendants and the plaintiff, their agency in the shipment of his cottc i to Livtupoo'i and the procuring sterling exchange for tlie proceeds thereof \Zm cording * l the usual custom of the trade, was well kno vn to him, and the question wheth er the plaintiff received the bills from them on their credit as the drawers thereof, or on the credit of the proceeds of his own cotton Marshall & Bi ». vs. Willis Clary, snmpsit, motion for new trial. McCAY, J. Where a bill of exchange was accepted con- tionully, if funds of the drawer come In hand, it is for the bolder of tlie bill to show affirmatively that funds did come in hand, and the production of a stated account be tween the acceptor and drawer showing a charge against the drawer of $500 cash, does not of itself prove that the same was the fund* of the drawer, there being nothing iu the account to show that at the time of this charge the acceptor was indebted to the drawer or had his funds in hand. Judgement reversed. W. # B. Flemming, J. D. Humph, for plain tiff in error. J. 0. Nichols,contra. Lee, Wiley & Co. vs. S. Overstreet. Assump sit, from Pearce. McCAY, J. When there was a written agreement that one party would furnish and the oilier take all the crude turpentine made ou a certain plantation when delivered in lots of forty barrels and pav for the lot* on delivery, and if either party failed he should forfeit $1,000 : Held, That the $1,000 is to be considered a penalty and not liqidated damages, and on a failure of cither party the actual damage is all that can be recovered. Harris 6s Williams,^T. M. Norwood, by A. \V. Hammond & Son, for plaintiff in error. Ware & Nichols, Clark A Spencer, Glenn & Son, Contra. A bill to amend an act to incorporate the town of Ilawkinsville, Pulaski county, to define the limits of the same. Passed. A bill to provide for the granting of new trial* in certain cases. Lost. A hill to confer additional powers on tlie corporate authorities of the town of Barnes- ville. Passed. A bill to niter and amend section 049 of the Code, requiring all male inhabitants be tween the age* of 18 an.l 50, except licensed ministers, subject to work on public roads. Passed. Bills were read tlie second time. A message was received from the Governor transmitting the report of tlie State School I .^' vc Commissioner, which with the report of the WKDNESDAY, NoVClllber 8. SENATE. Tlie Senate met at 9 o’clock a. ji., resident Trammel in the chair. Prayer by Rev. E. W. Warren. The roll was called and the Journal of yes terday read and approved. Leave of absence was granted to Mr. Grif- fiu. Mr. Hinton moved to reconsider t'. action* of yesterday on the passage of tlie bill to re peal the act organizing the District Court and defining its jurisdiction. He c«>. sidered some such court indispensably ncxxv.-.u and wanted time for some substitute to In- devised, and reviewed tbc numerous advautagi s of the District Court. The motion was l-«.*i. Mr. Brown offered the following ] < .-amble and resolutions: Whereas. It has been alleged by certain politician* North and South, who oM«*»‘:n the success of the party to which lh«*y belong, and the accomplishment of tlieir •• 4ilic.nl purjHisc* more highly than the penc.*. happi ness aqd prosperity of tlie country, lh.it there exists in thi* and other Southern Bt-.*“s, cer tain lawless bands of persons commonly called Ku-Klux, who arc 1 landed tognlier for political purposes, and are in the habit of coinmilling great outrages upon the p-aceablc and law abiding citizens of the conn tv, and that the State Courts fail aud refuse to afford sufficient redress; aud Whereas, The Congress of the United States at it* la**l session appointed a commit tee to investigate said alleged outrages aud violations of law; and Whereas, This Senate is satisfied that m such political organization exist in thi State, and denircs to’afford said committee all d and facilities in its power for the purpose of cna' ling the said commit a v to ar- re at the truth in regard to all the matters Inch it is tlieir duty to investigate; and Whereas, The Superior Court j«i !g**s of this Slate (a large majority of whom belong to the Republican party) preside over the courts of every county in this Bt »te. m.-l have npie opportunity of knowing how the law being administered and enforced in the va rious parts of the State; and Whereas, The Senate is satisfied that a large number of witnesses have been called to testify liefore said committee, who are not worthy of credit, before any court nr honest community, for the purpose of making a record to fu* used for the accomplishment of certain political ends, which greatly d-fames the people of this State; and Whereas, This Senate is satisfied that the people of tills State never were at any time iu the history of,tins country, more p -.o-cable, quiet and law abiding than they arc now; therefore Resolved by tbc Senate, That we i spcct- fully invite the portion of said co nuuttee, which is now* assembled in this city, to sum mon* as witnesses before them, ai of the Judge* of the Superior Courts of tlii - Suite. Resolved, That we pledge our.s -ives to ivc to said committee and the court- of tin rnntry all the aid in our power t > cnabl offenses fr »;u av.fidti:' by applying for anti apart ot a homestead sonalty. Nunually offer«\ Senate shall hereafter M. aud adjourn it i Jervis—A Mil t Judge* to give spcctii Grand Juries Section each term. BILLS ON Till A bill to iticorp; r. Thunderbolt Rail:- vide railroad com.. .. J»uh and Thuuder? A bi 1 to ny.i incorporating the N Railroad. Passed. A bill to untcud nu pract id bonds ’ setting a of per- -hatthe ’-•lock A. uioplcd. several •h and to pro- Bavan all the Trustees of colleges in this Mr. Goldsmith moved to lay the whol. matter on tillable, which latter motion pre vailed. ’ * Mr. Rawls, chairman of the Finance Com mittee, under instructons from said commit tee. offered a resolution instructing ti* Treas urer to pay to eachntfleer and member of the General Assembler one hundred iilhn. Adopted. TTic following bills were read the third time: A bill to repeal an act changing the line be tween the comities of Lowndes and Berrien. Lost. A ltili to Ineorpcrate the Excelsior Mining Company of Polk county. Passed. A bill to amend an act to authorize the Mayor ; i Council of Rome to subscribe to the Memphis Branch Railroad was passed. A bill to repeal the act to prevent the col- lectioa of the jvjII tax tor the run 1W7, 18C8 ::ml 1869. Passed. •ill to lay out u new county from the conn y of Jefferson was read the third time. Mr. McMillan urged that as the entire peo ple of Jefferson wanted the county divided, md a • there are enough inhabitants to make :\vo -; e table counties, the bill should be passed. Mr. Hoge argued that there were 9ome oh- •ctionaUe features in t ( lfill, to-wit: Vaca- officers of certain justices of the acr. ::nd staying cx* cut ion of legal process •r a lime. i of Mr. McWhorter, the bill was On l VOlll \ bill to ed. • m < • »f injuncti*' A bill to relieve E. D. Clarke eouutV. Lost. A b ll to repeal and a prescriU-d i i section* 42 4403, AilO', Alliio, 4 iOO. t i, 4350. 4351,4 ’53,4^166. ^fr* 4372. 4373. 4 H‘4 41 *s. 4!« the Revised Code w k oj s|K*cial order for Friday, dered printed. On motion the Sen tie jl m . to-morrow*. i fifty vear.J 1412 of ■ ti' Ui Prayer by Hjv. Mr. Jo Joi of yesterday was ic »tam Chap- i.l and ap- r - Hudson from Seliky, presented a pe- i from , it.zensof Macon county, pro ng against being represented In L. G. s, he being alleged to be a citizen of all • >f the counties was taken up, and ig bills were introduced aud read ollowii the lir-t tin Mr. Mansfield—A bill to increase the pay >f jurors in hicwr.rt couuly. Mr. Kdlian—A bill to amend an act to .m< ml th- act incorporating the Union Town Pike Company. Air. Criitcndcu—A bill to amend section 61 Code iff Ge-ugJa. Mr. Ik.sa *;l Milter—A bill to increase the iv of jurors in tin; county of Mihcr. Also, a bill to incorporate the town of Col quitt. Mr. Eiuim i -ou—\ btil to authorize Slier- Is, etc . to m .1 eeiU-.iu propel tv without car- * iug the sun.e to the court house tanir. Mr. Bash —A bill to requ •' • u.g l.iud-s in Miiler county . p iy ue i.i, retui in said county. Mi. Had, <,f Mirriwether— A bill to protect AU> bill to re-c*ta endor 1 to more effectually prevent the i l*i 1 to c.uiigs the»o jnly site of Ma inner—A bill to provide lor the re*p- L-tration of tue legal voters of Liberty county. Air. G triffia, of JL, pomte the Dollar Valley. Mr. Head—A lfill to ri*quire the <; wild lanils to pay tax in the com: laid land* are* situated. Also a bill to repeal the act chat ime of the annual meeting of the Assembly. -A bill t » Incor- .vaers of y where oafiT certain privileges on John /, of Lee, was read. Mr. W. D. An- .id tint lie w'ns opposed to special ?, and w ould oppose tiie bill unless n -; cci-ti re.:-on w as icssigned. Go motion, the bill was re-committed. .V bill to change the line bet ween the coun ties of McIntosh and Liberty, was read a third time. Mi. i. r nor presented a petition from U>« ti/ ;:i : led by the change asking for the *->a. r • *'f the bill. lie also presented anum- 'r of od reasons w hy the change should bm i ••!■.*. (’ -.mplkTq or McIntosh, presented a counter peJitiot;, lie opposed the passage of the bill •<! a re-comtc.ittsl. Thw motion was loti and the bill wa* passed. A bill t o authorize a counter showing to a nn>. < ;i t• *r continuance in all cases in courts of iV- . . e, w .s read a third time. On n nt, this lfill was recommitted and rrL r \ to the Judiciary Committee. This motion prevailed. ‘ to amend section 2267 of the Code, *■> ‘ in »;.'(*« f destruction of tone- in- :t ’ etc, w read the third time, ret "iini;.: :* d and referred to the Judiciary Committee. I O' -.it" authorize the County Commia- -timer- t.- audit claims of officers for extra rrvi. . - wa* read tin* third time and passed. The 1 til i » r*-p; d s-N’lioB 14 of an act. 2d c’ause of article 13, C’on*tituli«)n of Georgia, in so f.; ; . jt, relates to counties of Towns, ll iVr-’i m. Union and Rabun, was recom mitted. A I • i to repeal th, 22d sc«*ti*»ii of the ap> pr uia : n , of 1SV.I, w as recommitted. The lull to alhfiicdt the City Court of Macon was rea ! ti e 'hir I t itn<* and passed. 'i In- bill to compensate jurors in tlie county be time of tlie annual :itmv toihcffd Wednea- 1 ii I "ii tlie table. ’til t" prohibit tin* granting of license . iu G iim -vilhi was parsed, i front the Governor, inclosing a fiom .Tosepli K. Brown, call- • n to tb«* errors made in tlieinven- m :'«• K > 1 property, was received, r wi,.i tbc accompanying :*-• i* ferred to the committee on *• ni and Atlantic Railroad. ’ 1 ■ ; < n* b ring the report of . . »• «»< giving the numlier of bonds endors* d by the State and reg- a the Secret:tty of State. company ing report nee Committee, mal standing com- i J* ■ L- ai; f 11 ■d t«» the Fin: I Mi: apj id Me intwl: i.als.- MeMillan of H '<••(■! n. I!ci ’• f t'halhaiii, Graham of D ■ r. o’* Il-siiy, Edward* of Elbert, 1 < ( ti Jeff; rmi. Bep'ien of Burke, Btiaro! Bike, and Hull of Merri wether. sv. <• Li :i'v—Ruo-n of Bibb, McMillan of ITalcrsb.un, .T:;,-k n * f Fulton, W D An il; i on of Cobb, Russell of Chatham. Committee on Western and Atlantie.Rail- :*,>d «on of Ful;«.n, Hall of Upeon, MeMiiii: .f II.ab« r-iiain, (Taig of Telfair, d at ver of !! •’:• v. \Voff(*rdof Bartow, Fain of ip, McWhorter of Green, ul Hull of M. Iblblic Ctiffil Miw el hr itid i*roperty—Cumming vv* i "f Fulton, Wynn of ; of Chatham, Hudson of ri.and « f Ralmn. 7 Vv 1 > Ander-on of Cobb, ; -ti : n E-«in of Gordon, •i. ri.’i’ijw of Echols, Pou or I’ti - of Berrien, and Hall of oiuti; ieop; of I 1 Gnc urt i Mr. Piercc- mittec to investigate tli for conqx-usuti cord* of tl.a Supremo Mr. Simmons, of Gwinnett—A l.tiil to altc and amend section 38.(5 relating to fore- iosure of mortgages on personal property. Also a memorial from the Slate Teachers’ Association. Two hundred copies of tlii* memorial were ordered printed. Mr. Fa:i:-—A bill to authorize the town council of Caimmn to subscribe to tlie capi tal of the North Georgia and North Carolina Railroad. Also, a lfill to amend the acts incorporating the town of Calhoun. Mr. lloge—A bill to appropriate certain fund* to reimburse Samuel Weil, Foreign Commissioner of Immigration, on account of pecuniary loss and physical injuries sustained by him, in tin* disch irge of his dtiti -. Mr. Jackson—A MU to §nend ih dull »»f the city of Atlanta, so as to authonze tin election »*f a Recorder and Auditor for said city. A’.so, a bill to establish a City Court for the city of Atlanta. Mr. William*—A bill to increa-c- the paj* of jurors in Decatur county. Mr. Graham—A lfill to prescribe the man ner in which official bonds, etc., shall be taken. Also a lfill to change tlie line between llic counties of Walker and I); Mr. Johnson, of Clark—A 1 rill to make it ful to Hell property encumbered by lien* ithout giving notice of *aid liens to ven Messrs. Cumming, of Richmond, Pierce, of 11an r "•*■’:, and U.i-scll, *ff CliatUam, were added t » t’ Judiciary ('"inmittee. :**of absenec k> n- granted to Messrs, mfroc and Lumpkin. House then adjourned until 9 a.m. to-morrow. R. Parsons et al. vs. the Atlanta University. Injunction, from Atlanta. Atlanta Uni versity vs. R. Parson* ct al. Demurrer, from Atlanta. McCAY, J. 1st A mere project, or plat of land upon paper, laying off streets, blocks and houses in a city, is "not itself a dedication of the streets to public use, and when there is a proposition to the city authorities to receive and adopt said streets, as public streets, the dedication is not complete unless the authorities affirma tively ^receive and adopt the same, and this must appear by the minutes of the council. 2d. The City Council of Atlanta, in laying out,or receiving public streets, acts as a court, and its proceedings can only be proven by its records; parol evidence of its action can not be received. 3. In the absence of any formal acceptance by the public authorities of a dedication of a street there must be clear proof of a con tinuous and notorious use for a reasonable time b v the public to constitute an acceptance. 4. Where there is a controversy pending oetween the public authorities and a citizen, as to tlie existence or non existence of a public street, and the public authorities are tempo rarily enjoined from opening the same by bill, it is not competent for private citizens, as Comptroller, was appropriately referred to bill* on first reading. Mr. Hinton—A bill to make penal the sale of personal property subject to a mortgage. Mr. Smith—A bill to amend section 3189 of the Code, so as to give tlie moving creditor iu garnishment privilege over all others. Mr. Heard—A bill to repeal ail act to create a criminal court in each county of this Stale. Mr. Lester—A bill to prescribe for suits against joint obligees, etc., in tlie City Court of Savannah. Mr. Heard—A bill to secure the several counties of ths State of Georgia from cost*. Mr. Lester offered a resolution that the standing Committees on Finance of ihe Sen ate and House become a joint committee. Adopted. Mr. Jordan—A bill to define what shall be a lawful fence in this State; making eight rails of ordinary 6izc the requisitc.^^^^^H On motion, the Senate then adjourned un til 9 a. if. to-morrowr •■iatii them to investigate _ of law which may have been committed against the laws of this State or th United States, and to bring the guilty \ ..rtic* to speedy justice. Senator Campbell opposed the rcW.utions, ami moved to lay thetn.on the table. With drawn. uator Brock spoke at length a. resolutions, insisting that they do i to his District Mr. Candler replied denying the of tlie lawlessness, and the occurret outrage* which had been alleged, t tained the truth of tiie resolutions. Tlie preamble* and resolutions w ed. Inst tli •>t apply existence e«; of the ml main •i c adopt- HOUS8. The House met at the usual hour, Speaker Smith in the chair. Prayer by Rev. Mr. McMillan. The Journal was read and approved. Mr. O. L. Cloud warworn from Warren county. Mr. Fain offered a resolution providing for the reference to the Committee on Privileges and Elections of the contested election in Spalding county. Adopted. A resolution by Mr. Goldsmith tendering a seat on this floor, to Rev. Mr. Hornady, was adopted. A resolution was offered by Mr. Davis of Clarke, providing for the appointment of a On motion the Secretary was directed to furnish the Congressional Couunitte copy of the resolutions. A message from the Governor, i ransmit- ting the report of the Secretary' of S ate, was received. Mr. Richardson—A bill to create a board of road and revenue for the county of Daw son was read the first time. Mr. Hillyer offered a resolution requirin; the Judiciary Committee to inquire what legislation is necessary to enable the Courts a * . I to exeiclse the power coferred on th Courts memocr ^ ^ c \ aUfce Q f the 6th section of Wie 3d artiu’e of the Constitution of this State, in relation to leritimating children and other matters in saiu clause mentioned, and to re port by bill or otherwise. Adopted, Mr. Lester offered the following preambles and resolutions: Whereas, By a resolution of this Gen eral Assembly approved, Octob* r 27th, 1870, David B. Harrell, Roland «uch, w flle » new bill peudtttg tlie other,’ to Awembly, approved May SUi, 1870. B ■ - ... - -- , Hall, Foster Blodgett, J. W O’Xeal joint committee to visit the penitentiary and aQ( j fenfoinin F. Bruton, w> re au- report upon the treatment of convicts. 1 uia i t ^ or i z(J d to cao* the vote of the 6taie iu all resolution went over under the rules. i elections held by the Atlantic and Gulf Rail- Mr. Hoge, from the Judiciary Committee, ro{yl Company, and reported that there were some grave ques- 'Whereas, The effect of said resolution has tions of law m connection with the election | ^ >ecn to displace the Hon. Iverson L. Harris, of a Governor, which the Committee desired HoQ Wmiam B . Fleming, and Hon John IL to look into carefully, and that further time Alex ander, who had for several years, by was asked for before making a report, lie au thoritv, discharged this duty with fidelity also said that the Committee had authorized lQ Uie s -^ tc . ^ jf J J him to recommend to the House the mexpe- Resolved by the Senate and House of Itep- diency of havmgafterncion sessions m const- |resentati ** the said resolution be re qneaceof rhe large;«nonD.of bosineai ■ vokcd thal Hon IvenwnL.HMrU.WU fore the Commatues. Further time was , liam B Flem i n? and John R Alexander, be granted as requested. . ; autiiorired to cast such rote, and the said A message from the Senate was received,, commjssioncr3 gtau make annual sutements ?* y . m be , hld A i to the Governor of the condition of the States' lanta BUI, and had concurred in the House , in s:t id railroad. Adpted. resolution m reiaUon to Governor Bullock s. Bills wcre rcad tbe second time, resignation ; also, in tha joint resolution re- 1 scinding the joint resolution of the General BILLS OX FIRST HEADING. Mr. Kibbce—A bill to incorporate the town Also a Dill to change the line between Clay and Calhoun counties. Mr. Richards, of Cherokee—A bill to au thorize tlie tax Ooilectorcf liis county to _ the ordinary the btatctaxof 1870," to build court house. Mr. Pay tie—A lfill to amend sec tion 099, lie ised Code, in relation to exemptions from road duty. Also, a bill to change the time of holding of Catoosa Superior Court. Mr. Goodman—A bill to change the time of holding Campbell Superior Court. Mr. Hillyer—A bill to change the time of holding Camden Superior Court. Russell—A resolution instructing tiie Finance Committee to report wlmt compcn sat Ion the Committee on the Weste Atlantic Railroad should receive. Also, a resolution tendering the use of the Hall to General Duff. Green this evening, for tlie purp^seof delivering his views ou finance Adopted. Also a bill to provide for tbe collection of tux for payment of insolvent cost for B. L. Cole, late sheriff of Chatham. Mi. Iltmter—A resolution tint J. C. Nich ols, W. II. Bennett, and A. H. Ham* ii are ap pointed Commissioners to represent tiie State as Directors in tlie Albany and Gulf Rail road. i resolution appointing a joint com rnittee to rc|>ort what change in Senatorial Districts should be made. Also, a Dill to prevent the sale of farm products between sunset and sunris •. Also, a bill to repeal an act to amend sec tion 3151 Revised Code. Also, a bill to alter and amend the law in relation to injunctions. Mr. Peeples—A bill to extend the right to join persons in marriage to practicing nttor nevs. Mr. Gray—A bill to repeal an act to author ize the payment of cost to officer- : . Bartow county. "Wofford, of Bartow—A bi!! *< increase the pay of jurors in Bartow county. Also, a hiil to amend tiie act in* >r;K)rating tiie Atlantic and Great Western Canal Com . Clark of Troup—A bill to in* r ase th( pay of jurors in Troup county. Mr. Cumming—A bill to amend ’.lie law relation to garnishment. Mr. Bell of Webster—A bill to : mend-thi act incorporating tlie town of Pr- ' • Mr. Craig—A bill to prohibit t ” the town of Darien from inlcrfiii. 4 measurement of timber. Mr. |Atkinsou—A bid to j. t public- roads in Thomas county. On motion of Simmons of H V Stephenson was invited to a v. .t A resolution was offered iiivhir ^ tlieTru tees of the Georgia University t> neats this floor. Mr. Bacon advocated the adoption of tho resolution. Mr. Simmons moved to amend by ad li the Trustees of Mercer and Oglethorpe Co! leges, and of the Lunatic and Blind A?y- lumns. Mr. Simmons was opposed to disciitniua tion. Mr. Hudson moved to further amend b I D ( N BRC 0XD I*AGE.] Commiltre* Tlie Kn-lilu ’Jiis Committee adjourned yesterday. It > d it labors in this section. It examined r a hundred witu ca. It sat with closed rs. It li T1 a sort of inquisition, to get imony against the South, in which tii« only re-jM- entativcs of fair play were tba orratic members, Senator Bayard and Vorhec:'. But for the vigilance of the latter gentleman no rebutting evidence could have gotten ’n. The tearch for Radical tee- itony h:a> !>. en kccn. Ilorace Maynard and s asstM iab s have exhausted every effort to rlit'y the slanders ag-inst our i*eople. Could the proceedings have lioen made ibiic, and iLe names of the witnesses and icir testimony given out, tlie good jieopie would then have had a chance to refute the j tunic. 1 - . t tlu m. But this would not c served the purpose. So the tribunal •t out tlie public, and confined the exam- lion ns for ns possible to the prosecution, trust this fact will go with the evi- ience. Every disorder of tiie last four years baa -f-n raked up, an*l in some cases tlie same outrage 1.. . done duly many times in differ- iliap'. s. Negroes have lxcn the choice witnesses, and ‘‘colored troops have fought nobly.” They have sworn magnificently. The pay and mileage paid them has brought luanlilies in with stuff ample for any de mand. An immense amount of evidence in utter rebuttal of the : !andcrs has come out too. Many tale* have been so clumsily told that sharp cross-questioning has shown up th»*ir falsity. One belch of dirty negro girls swore to ie of their number being beaten so as to be bedridden for four weeks. Tlie cross-exam- ition brought (.at that in four days tbe beaten woman walked fifteen miles to a And the same party of perjured wenches were- seen counting tlieir i»y of $35 or $49 each, and chuckling and giggling over their gains, and vow ing to send others up to lie for hire. This is as sickening as true. It an eloquent commentary upon this secret inquisition for proof to bolster up slander. No proof was obtained of a general Ku- Elii.v organization. The only thing of tlie kind, :t local affair, was shown to have in its nmibership two Radical revenue assessors. The body of the outrages were indisputably shown to be connected with illicit distillation and utterly outside of politics. Intliemoun- counties, where illegal dLl filing is carried he most of the violence occur* and waa proven to be done to protect the distillers and their confederate?. The revelations of negro crime have been very sickening. The bitterest witnesses have been such negroes ns Turner, and such whits Radicals an Senator Brock. One ex-Federal officer named Lyons, a Re publican and a large railroad contractor, gave e fine evidence to the good order of tiie State. Ex-Governor Brown, Ben. Hill and Linton :-tcpbcns were «nmmoned before the Commute-, and testified strongly for the people. But the trouble is that the evidence of one perjure*! fccamp goes farther than that of fif ty truthful witnesses. The object is to get proof to calumny for political effect Tiiat is suborned, and the damage is done. The pretext is fumi&hed. Military I ; The most import pretne Court ycutcn’ o? Stone again 5 *! \Y*» t!.( J Ordinal tnd p it St >vcr* uled. decision of tlie Su- • v i»s that in the case from Chalbam. !.»riy and lawfully ' ' " d T»n*y removed :i i*i • Tlie Court • over the Liilitary ap- rightful vindication of ■ civil law.