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Constitution ATLANTA, GA., NOVE3IBER 28. 1871 Tk« L*fl«Ut«re. The Senate jmteruay repealed the law de claring minority candidates elected when in «• Jarity conoid »t«*s cannot take their •eat#'. ThU was right. Minority candidate© do tvi rcpn“^nt the voice the people. The «ffi ce© of th© State Road were abolished. Tii «h r-gh*. F'»r tin n.< nth© a lar.e q :ad of officers baa drawn pay without work. Senate made slander a criminal ofT-na p -da Wli to app iini a committee of thr e. o e from the Senate and two from the House, to vestigfite the b-md traos&ctioxu of the BUI* ,.c II u*e pasted a bill for tir^ appoin M .t of a joint committee of seven toinvu ti/at- the fcfcite frauds. TL» settles th matter against the outrode committee. Tu ▼ote was 128 to 12 in favor of a legislative committee. We trurt that the Senate wil paM the hill right away, so that thecoumiitto may go to work. T*i • Acting Governor, r»i expected, lm vetoed the election bill. Let it l*e passe over hit veto. • trcSitb Wrfaat*. In another column kc give u letter from Mr. Fate. an Emigration Agent, written to Tu* Com fL’Tlo.s fr>:u Goleburg, Sweden, la rnpal tn hw< i-h ©errant© for Georgia. It will re;>«y p»-ru*nl. The qne-lion of domestic help is a serious one. All bou*ek'< fiera know the troubl Bervinta are signally unreliable, since fn-e- d *m of the black. From all quarters ari*c com plain’a, and clamor f or ©ome*. hing ljettcr. Tue experiment of Swedish labor is fully skirted. Mr. Fosa baa obtained a large batch, and c*n get pl .-jty more. He represents the Sa ii»n servant© as inode**t, hard-working, tractable and reliable. He further Mates that much depends on the employ era hen* in encouraging this immigration. By treating this new hilp well, ao that they will write l*a< k good ©ecouiiU to their friends in Swe den, we can greatly niisist this movement. The runner is an important one, and w-11 worthy of our < ireful consideration. Are tli« Raudi Vn|*d Obllgailona! Fro.ii thr ft.t.rrn Aran* ] Just before Bu!l<>ck resigned the Gover norship of Geoigia, lie, in violui e n of law, signed, sealed, am! deiit« red,several millions of dollars in railroad I onds, to which the road© or person* receiving and holding them have no more valid title thin have the corpo rations or per no ns receiving and holding them to the bond* fraudulently htood in the nnrnc of Alabama to the Alabama and <’l »m tanooga Railroad. It is alleged that Governor Scott and his confederates in South Carolina have rec< ntly imaed without authority of Jaw, fraudulently and corruptly. r>»nc sixteen millions of dollars of the Imncisof that State. In Florida, North Carolina and oilier South ern States, ill'- case is the same. But accord ing to the Montgomery Advertiser and the Montgomery Advance, ti e people of these States must pay those Winds, principal and interval, tu the last cent, if it lake their land*, home*, sioi k, the clothe* from their backs tu.- bread from the mouths of their children—pay them to the mtarmoal f -trilling, or nave the amount col looted from them, with co ts and penalties, l y the offi- <crsof the Federal courts. Wc think it is time to make a teat case. Me hope Ala bama will take Stef** to ascertain whether, under the forms of law, all the proiierty in the Mate ran be pledged and hound for the iih* and W-iif tit of corrupt rings and combina tions obtaining control of l be seal **f the com mon weal I h by briticry and corruj don. The remedy u .* iinple. No illegal bonds arc valid. Tim pica of non est factum ap- plica. Illegal bonds nre not lx>ndi*. The law of the bond* are a part of the contract, which the bondholder must know aud be bound fey. Ignorance of tbo law is no ex cuse. The purchaser of Inmda is put on no tice by the law. If the bond violates tlic law it ia no bond. Mow bu U« Legislator:: Zook into thr mat ter, w\ find out all the illegal bonds. It Is the m*-'> of spurious eecunties tint is affect ing the State's credit. Let the spurious ones be called in, and instantly every Georgia bond will bring par value. Thi- is alike due to the State ami the legal bondholders. This is the riinple solution of till* whole bond matter, complicated ns it tecr.is. Noth ing is binding that is not legal. Get the illc- g il bond* out of the way. There i-» no such thing as repti bating illegal bond*. Th»*y re pudiate theiuseivea. They are not the State’s contracts, and she i»'nl Ixnind by them. Let the Slate aland up to every legal contract, whether beneficial or not. But to pay illegal b mds ia to sire her corrupt servants and their colleagues the benefit of their own wrong, and make the State pay what she never contracted to pay, and what In r laws, open to the world, forbade her paying. The firvt thing is to find the lUrgril bonds a d vet them out of the way. This will at one bound carry up the legal bond* to their full value, and place the State’s credit at par. The « HUrml lr and Van Wert flail- WEEKLY TTONSTITUTION. VOLUME IV.( ATLANTA, GEORGIA, TUESDAY, NOVEMBER *28, 1871. —— I — INUMBER 34 GEORGIA LLGllsL ATLKcl : pc*ed to it, but, upon further reflection. La| curate investigation and the bili was the re _ „ , , thinks it ia the measure which should be Tuesday, Novem.rer 21, 1871. adopted. All admit that an investigation BE NAT £. ought to lie made, and the manner of making The Senate met at 10 A. M., President t it seems to be the only difference. If it is Trammel m the chair. ; true that the time allowed by law for the Prayer by Rev. Mr. Wright sessions of this. General Assembly is too short The roll was called and the journal read to make a thorough investigation through its and approved. commit Lees, then the best plan is to pass Mr. A bill to relieve parties plaintiff in certain J Scott’b bill; that he, for one, ia not afraid of caw* from the operation of an act to extend retpo&tibility, but he wants the public good the lien of set-off and recoupment to all debts, fir»t consulted. If the commissioners to contracted before June 1st, 1865, and to for- be appointed under the biii are such officers bid the collection of the same until ail legal as would be affected by the 14th amendment, taxes due thereon shall have been paid, being j loen would it apply to an Irishman, a Swede, the special order of tho day, was then taken or other j-erson -ent to Europe to bring iinmi ). ; grants to Georgia. The Juditiaay Commiteee reported a* a Mr. Jackson called the previous question, substitute a frill to repeal said act to extend I The call was no*, sustained, the lien of set off, etc. Mr Bacon was opposed to the pa*A&g* of Mr. Nichols moved to lay the whole mat-, the bill, spying tiiat he did not racogrxize the r on the table. i fact that members of this General Assembly Carried by the following vote : I a-e wanting in ability and experience; that Yeas—Messrs. Anderson, Black, Brock, j there are members of this legislature Bruton, Burnes, Campbell, Clark, Caiman, who arc prominent and learned Crayton, Deveaux, Griffin, Heard, add he was unwilling to admit that Hoyir, KirkluvJ, Kibbee, Lester, Nichols, Nuuunlly, Simmons, Smith—21. Nays—brown, Cameron. Candler, Efh >, liicas, lltlIyer. Jervis, Jones, Matthew **, Peddy, Kcme, Uichardsou, Steadman, Wal lace, vVlIlbctim, Welch—10. BILLS Olf THIRD READ7XO. they were sent here because their betters are ineligible. Agaia, as to lime, it ia true, that the investigation cannot be thoroughly made before the session expires, but the investiga tion by the committee could be continued after the adjournment, and its members could c*rtainly spare as much time for it a« those A bill to iucorpor&le the Oglethorpe Manu- lawyers who stand al the bead of the pro- focturimr Company. Passed. j fession. A bill to amend section 804 of the Code in Mr. John^n of Jefferson, was opposed to relation to Sheriff's fees. Lost. the bill remarking that the member* of the A bill to amend an act to require the Legislature are competent and willing to several Judges of the Superior Courts to m ; ike this invcstigaiion; they were elected give specially in charge to the several grand f*»r the purpose and are bound to their con- jrtrics of this Slate seciiona 448i>, 44W and i stitvicnts to »!o their fail duty in the matter. 44b 1 of the Cede, relating to uiaturbing con- 1 Mr. Riley was also opr>o*ed to the bill, rogations engaged in religious worship. He thought the members of the General As- 1 e ^*nib!y quite equal to the task and dkl not A bdl to empower the Ordinary of Union *** the ii-ks of getting outside parties to un- county to c*#n-*lruct a public road in said, dertake it. ouiity. Parsed. Mr. Hillyer said that the old saying that if A biii to provide for adjudicating thr rights ■ you want a thing done, do it yourself; if you partita under article 7 of the Constitution, don’t want it done, send somebody else to4o relating to the setting apart of homestead ' »t, appli«» in this case; he .said that-persona and the exemption of person dty, and allow- j of all parties want this investigation made, ing the plaintiff to tile an affidavit that the' and he thought that members of bath politi- property levied on ia subject to execution, j cal pari;.* should be appointed on the casi- id the property to !*e sold thereon. Passed. - ndttee so that all parties may l>a aatiati^l A bill to repe’d s«*ction 121 of the Gale—j "hu the report; and if the chnrgss are found which declares a mim>rity candidate t-itcied, I lo Is* true, he far one. would be glad to »w when the majority candidate cannot take the ■ punishment fall on all who are shown t# da- office. Passed. 1 serve it. A bill to abolish all offices connected willi! Mr. Peeples favored tbo original bill, say- tuc Western and Atlantic Railroad. Passed, ing that the spirit of the bill is U» expiwe A bill to make slander a criminal offense. J fraud committed since 1888, sad the beat Mr. Candler opposed the bill on the ground j nicn who can be obtained ought to beap- thut it would give rise to a great many uu- pointed. A good lawyer, a good banker and suit of carefui consideration. Mr. Matthews thought the rates provided for by the amendment would nut-rem.merate the printer and the bid was the best that could be devised. Tne amendment was lost by yeas fourteen, nava twenty-four. Mr. Brown moved to strike twenty-five percent, and insert fifteen per cent. Lost. Mr. Hoge thought tha^Vfr. Conley is only j some of the purchasers were among his best j member, and that action oould not be gone self and his counsel, and no more, ns thr exercising the duties of Governor until a sue- 1 friends, but that could haveno influence upon 1 behind^ Court may think equitable and just, and to ccssor is elected and quailed, and it is beyond successful controversy tint the right to bold an election to fill the vacancy exists. The idea of Mr. Conley that no special act can be pas ed, but that a general law must be passed, ia clap-trap, for was not t£e last general elec tion for members of the General Assembly held under a special law, authorising the polls Yaaa—Brack, Brown, Bruton, Cain nl*-11, j to be held open three days, etc.? Again, Mr. Candler, Clark, Colman, Cone, Heard, ilin- Conley seems to imagine that he has a vested founded suits. Mr. Hillyer opposed the bill as calculated restrain the prosecution of criminal*, bo use the allegation necessary to piucurc the w.irant for urre-t would U- indictable. Mr. Wellborn supported the biii as the best eans of clucking the unbounded license hicii ia so rife in the country. .Mr. Nicholls offered an amendment, pro- de.l the truth may be given in evidence in jusiilicalion as in libel. Adopted. " * Candler moved to amend by except in, language of housewives to cr> Burns hoped the bill would not puss. The bill wa« passed a good merchant should be appointed who are experts in their professions, ifa named Phillip Clayton, Junius Hillyer and John A. Donne as persons eminently fitted by ex- peri, nee and ability for the duty. Mr. Phillips accepted the substitute offered by Mr. Simmons, of Gwinnett, as an amend ment to hi* substitute. NI r. Pierce favored the adoption of the sub stitute, remarking that there has been no as surance given that the outside commissioners would M-rve if they were appointed, and al- tosL ! though he was not much inclined to pay at tention to the bastard amendments to the Constitution of the United Btrtos, yet he Superior Courts iu Flint Judicial Circuit Passed. ■A bill to incorporate the town of Doraville in I>( Kalb county. Passed. A bill to amend an act to incorporate the town of LKcaiur, De-Kali) county. Passed. A bill to incorporate the town of Luthcro- lille, M« riwetlu r county. Passed. A bill to provide a remedy by which money projHTty stolen or unlawfully convei ted or mined from the State or the Western and Atlantic Railroad may be recovt red, and for other purposes. Kibtiec moved to make the bill the spe- rder for to-morrow. Carried. •ill to change the time of holding the Superior Court# in the Eiutern Circuit, ’’assed. A tiiil to amend an act to grant to the Sa- . annuli, Skidaway an l Seaboard Railroad Company the right to construct a railroad on the streets of Savannah. Passed. An act to authorize the Ordinary of Cher okee county to it*ue bonds for the purpose of building a Court nouse. Passed. A bill to fix tbr compensation of grand and pel it jurors of L> Kalb county, fixing the same at $2 per day. Passed. A bill to provide for ascertaining the amount of bonds which have liecn issued, to quire the Mine to be registered, and for other purposes. The Finance Committee reported as a sub stitute, a bill to protect the people of this Mate from the illegal issue and negotiation of lionds, providing for a coinmissionjyf tl ton, Jervis, Kirkland, Lester, Nichols, Brnith and Welch—18. Nays—Anderson, Black, Burns, Cameron, Devaux. Estes, Erwin,Griffin, Hicks, Hillyer, Jones, Jordan, Kibbee, Mathews, McWhor ter, Nunnally, Peddy, Reese, Richardson, rtimmons, Bteadman, Wallace, lluyle and Wellborn—24. Mr. Candler moved to amend the bill by adding to the la-t section “by striking out four*’ and inserting “two” relating to the number of thousand copies of the laws that shall be printed. Lost. Mr. Burns moved to postpone Jthe whole matter indefinitely. Lost. Mr. Beeae moved to amend by addin" to the last section that the Public Printer shall not print in the Comptroller General’s report the condition of insurance companies out of the State. Mr. Simmon* opposed the amendment as unjust lo foreign insurance companies Mr. lieese supported the amendment, and said that thtse reports covered every city, lawn and village in the county like the locusts in Egypt, and it ia useless for \Le Sta‘ flict mora of them on the \ eopl?, that a man can only esciinj them as it is by burying himself. Iha amendment was adopted. The biii was passed as amended. A bill to make it penal to withhold money or property belonging to the State, of Geor gia, being the special order was then taken up. On motion it bill to provide a remedy by which money or property stolen or fraudu ieatly detained from the State or the West ern and Atlantic Railroad may be recovered and far other purposes, vr^a taken up as a substitute. The bill provide* that upon the informa tion of any citizeu the Solicitor General shall file a petition in the Superior Court to re cover monoy or property fraudulently stolen or dotainod front tho State, and that an at tachment ehall issue against the property of the defendant, upon the oath of the informer, that said defendant does detain money or property from the State. Mr. Hillyer proposed to strike out the 9th section, which provides that the informer shall file a feond to indemnify the defendant against all costs, damages and expenses—pro vided it shall appear o» the trial that such claim or information is false or unfounded— and insert therefor that upon the defendant making affidavit that to the best of Ins knowledge and belief, the information is false and unfounded, the Jud^e shall issue an order to show cause why the informer should not give such bond, and upon the return of said rule the Judge may require such bond not in his discretion. Mr. Candler opposed the amendment. Mr. Brock spoke against the amendment. Hillyer claimed that the section, as it House and respect those amendments as | stands, casts such an obstruction in the way law until they are repealed. If, then, of the remedy its entirely destroys it, and the they are to be respected, the inelligibility j courts should not be closed to such suits in of these gentlemen would be a liar to ‘ that, way, and that there is no parallel case iu tb'ir fu»l discharge of this duly. In the I the law. • ate read by Mr. Bcott yesterday, from Pennsylvania report, the 'opinion was given iu days of purity by men whose character and actions were as untarnished as the ermine they wore. Were such men now to expound tiie law lie would be willllng to trust to their decision; but such men and such times arc not upon us, and these outside commissioners won id be declared officers and held to bo ineligible. lie hoped that the committees to make this investigation would be appointed from the General Assembly, believing a; he does that they nrc equal to the task. Dell favored the substitute, and said it >uld go a long ways towards reconciling him to voting for the bill if he knew the gen- tlcmen named in the-bill ro>j) J and would Steadman\ffeUboan—2‘ --.1 4! ka .A TJ , m , II. . I amended by change of names and features that Vr. Bcott, its parent, would hardly know his offspring. Mr. \V. 1>. Anderson was neither for the biii nor substitutes. He was glad to hoar cnconiunH upon the intelligence of this Gen era! Assembly, and was not unwilling to ad mit that all the intelligence of the State rests nnder disabilities. Nor would he be umier- stood to attempt to detract from the learning >*f the gentlemen who are proposed as outside IS nrovium^ .«>« .» ...commissioners. Outrages have been com- t,» in* elected by the Senate, and two by l raitted upon the finances of Georgia, and that House, to investigate all post transactions > f'oinc investigation must be rna e is apparent >f that character. ! to 1)111 common sense should prevail, and ‘ Drown contended that the aobstitnt-■:! thed^iresof gentlemen should not be con Jed for the election of persons outside struct! as reflection* on the Legislature or n< ml Assembly upon this commission, and he op[x«ed entrusting the matter to any h persons a* contrary to precedent and icceaaary. He moved to strike out ‘ cmn- lected,” and insert “committee api 1 »d.” nc facts in regard to an Wert Railroad that unions in the readet'a Wc have learned soi the C'arti nu'ille and V excite no pleasant sen mind. On the 12tb »lay of April. 1870,Mr.Cooper, tbv President of the load, deliver*d to Col. IV G. Lotting, the Secretary of State, $100,- <KKI of rite road bond* for State iniiorsement, taking Calling's receipt for them to be sub stituted l»y Governor Bullock. The road Mill bol-Va Colonel Cotting’s receipt. On the same day the rest of the bond* to the amount of $204,Oik) were deposited by Colonel Cooper with Pcrino Brown, agent of tl.e Georgia Ihuir>ad and Bank ing Company in Atlanta. On the 8M day of June, 1670, Mr. Brown delivered t» Mr. Kimball $1(>I,000 of the bond' iu his possession on Colonel Cooper’s order. And on the 9th day of August, 1870. Mr. Brown delivered $75,000 more of the bonds to Mr. Kimball on Coloucl Cooper’s order. Thus we ace that $275,000 of these bonds were issued before flve miles of the road was fully finished. Only 3 . S4-100 miles from Carier*ni> to the lliowah was completed. The law allow* the State indorsement to the bonds of per mile when each five miles are done, or in batches of $ *2.500 for every five rniU-s. lo addition to the $275,000 of these l*onds. Governor Bullock has had issued fEIrJka) more, ostensibly to lie exchanged for the first $275,Orid, but both sets are out. On the lltu of April, 1870. Liman Tenant Jfe Co., the iontractor*, wrote to Colonel Cooper requesting hi*u t<* a»k Governor Bul lock t> turn over to Clears & Co., of New York, the bonds foe advance* when the bond* shall have been indorsed by him. On the !2tn Colonel Cooper made the request of Governor Bullock. Governor Butiock indorsed these boud> knowing the mad was unbuilt. If we bad muting else against him, thi* violation of hi.- .duty alone would justify his impeachment. it is wiili pain we give these fac'.s. in*cause •they implicate parties respected hitherto. But we Lavo no choice. Tue truth must be gold, let It La*’ w bom it may. This road Is urciriy-two miles long $273.- tKAisthe who’.e usd^rsetoefit it entitled to vriico done. Yci all was glvefl fore five m.Ics were ti me. And fourteen nt'Uii paly i- ettmptet* now. Thu* ha* Bullock commu- t«>l the S*.A*e to the payment of s large amount of principal avd iulerest illegally. OiswsA C *. hold the $473,00'). Who have the last fidud.'OO is not known. Here is vna**w tac Ulv Lv^IaUtnre. Deaitic'ntic t:««»vcnt*on Cal loti. GEORGIA. Special Dispatch io The Constitsrion ] Forsyth, Noveml*er22,1871. Aconve lion of the Democratic party will mvsrmble in AtlaoU on TVrelnesdaj, the 6th ♦lay of December next, at 10 o’clock A. M , to nominate a e»ndidnlefor Governor. By dirt* n of the Su**e D-.uj**cra'.ic Ex •cutivc LouiUuUct. Clifford Am)RRSox. Chairman. Vhe motion prevailed by yeas 22. nays 13. The report whs &dopte*l and the hill passed A bill to all.»w contractors and su!>-con- tractors on railroads a lien on the some for labor done in the construction thereof. Mr. Brown offered an amendment “for all )al>or done under contisct made With any j and railroad company.” Mr. Bruton opposed the bill upon the ground that it giv*.*s the same right* to sub contractors as to contractors. Mr. Nunnally thought that the principal reason for the passage of the bill was la-cause it protects the poorer nun who are unable protect themselves Mr. Candler opposed the bill as injurious to the right* f the State on roads to w hich aid had been granted: Mr. Simmons objected because the bill ould require the President of the road tot * ^j r ]»j] ev - to the pay meat of the wages of all tho j ca p * others, but faime-s, diligence and integrity should be sought, and he was pleased wit the practical suggestions made by M: Peeples. Mr. Anderson detailed the difficulties which will be encountered by the parties who are to make thi* invest iaalion-—the difficulties of tracing up the skillfully arranged plans of railroad frauds; of intricate bank accounts, etc. He favored the appointment of a small joint committee who would be authorized to employ an expert banker, a skillful lawyer Wellborn moved to lay the bill on the table. Carried. The veto message of the Governor ad intc- •ium, to the bill lo provide for a special elec tion to fill the unexpired term of Rufus B. Bullock, late Governor, and for other pur poses, was then taken up, and, on motion, read. Mr. Candler called the previous question l the passage ef the bill. The call was sustain* d by yeas cay* 13 Tbs vott on tke pa»3Jge of the bid stood ; Yen3—Messrs. B own, Burn*, Cameron, Candler, Cone, Estes, Erwin, Heard, Hicks, Hillyer, Hinton, Hoyle, Jervis, Jones, Jor dan, Kirkland, Kibbee, Lester, Matthews, Nichols, Nunnally, Pfeddv, llcese, Richurri- n’ . — - — __ ,1 \ 1/ . 1 i f .... ■ O'- serve, »n-l llii’itf’M the bill mi-bt be so j} fty ^Messra. Anderson, Black, Brock, 1-1 ... -S ~ —— --* Bruton, Campbell, Clark, Colman. Crayton, Oevreaux, Gritfiu. SIcWUorter, Smith, Wal- lace and Welch—14. Tha President voted yea—making two thirds majority as required by tho Constitu tion, and the bill was passed. On Btotioa, ths feenale then adjourned. 1*1)0 need railroad man to ferret at tbo>e villainies, this idea, he said, had been suggested to him by Mr. Wood of Wal ker. Mr. Scott said that he disliked again to in trude himsc’f iu the debate of this question, but on account of its magnitude he wanted to explain the motives which prompted him to introduce this trill. Mr. 8cott again urged the views he ex* pressed on yesterday, advocating his bill and urging tho importance of the measure in a snoech characterized with bis usual eloquence. ailed the previous question, sustained rs on the road. . On the motion to adopt the substitute, the .*ir. Hillyer thought the misappropriation g and nays were called for w ith the fol- >f funds by contractors ought to be punished | owillJ? result: The hour of adjournment having arrived pending the discussion, the Senate was de clared adjourned. nous 3. The Ilonae met at the usual hour, Speaker Smith in the chair. Prayer by Rev. Mr. ncidt. The’ Journal of yesterday was read and ap proved. A bill by Mr. Rcnfroc to change the time of holding the Superior Courts in the Middle Circuit was read the first time. A!*o. a bill to incorporate the city of San- dersville. On motion of 31 r. Gray, the rules were suspended to take up the resolution provid ing for the appointment of a joint committee to inquire into the legality of the lease of the penitentiary convicts. 31 r. OoUfemith stated that ihc Committee on the Penitentiary have already made the investigation and would report to-day. He therefore moved to lay 31 r. G ray’s resolution on the table. This motion prevailed. The unfinished business, to wit: The bill to api»oint a committee to investigate the af- of this State was resumed. Yeas 128, nays 12. The Committee on Internal Improvement reported in fivorof adopting memorial ad dressed to Congress in relation to the canal between the 31issi*sif>pi River and the Atlan tic Ocean, and in relation to the appointment of a committee to visit Washington to fur ther the memorial. A Message from the Governor was received but not read. This message returned the bill to order a special election for Governor, without approval. The House was declared adjourned until 9 A. M. to-morrow. Wednesday, November 23,1871. SENATE. The Senate met, President Trammel in the chair. Prayer by the Rev. Armenius Wright. The roll was called and the journal read and approved. Mr. Hillyer moved to reconsider a bill to increase the compensation of the Sheriff of the Supreme Court lost on jesterday. The motion was carried and the bill was | recommitted to the Judiciary Committee, j A bi.l to give to contractors and sub-con- HOUSE. Speaker Smith called the House to order at 9 A. M. Brnyer by the Chaplain. The journal was read and approved. On motion of Mr. Heidt the rules were sus pended to take up a resolution providing that no member shall be allowed to speak longer than 10 minutes on any subject without 1 be consent of two-thirds of the members pres ent. Mr. Pou moved to amend by inserting 15 instead of 10 minutes. The amendment was agreed to, and the resolution was adopted. The message from the Governor returning the bill to provide for an election to fill tlu* unexoired time caused by the resignation of R. B.' Bullock without bis approval, was read. The principal reason assigned is that the Con stitution in saving that the General Assem bly shall have' power to order a special elec tion to till unexpired terms, means that the General Assembly may pass a general law to fill unexpired*terms, but that no authority exists for passing an act to provide for an election to fill a vacancy which occurred pre vious tc the passaga of the act. Mr. Russell hoped that the bill would p-vss by an ovei whelming constitutional majority, and that every true man would do his whole dutv in giving bis utmost aid in securing to ir'people theur constitutional rights. Mr. Bush also favored the passage of the bill, urging that it is the duty of all good men to cSo their utmost iu putting down usurpation. 31 r. Jackson was opposed to passing the bill over the Governor’s veto, remarking that the Legislature has not assembled forthepnr- - - ~ ....... ... |p| right in the office. If life idea was correct, his right could only be a lease t® terminate when a successor is elected, and it is proposed to provide for the perafen to be elected to Lake his place when his.supposed lease ex pires. Again, 31 r. Confer wvya that it will cost about $150,000 to hold an election. It does not behoove him to say how much it is worth to the people of Gfeurgiu to have some body else in bis plae*. The mistake in reference to the number of a sec tion in the bill was made by reference to ConleJ** Analysis of the Constitution, whkb cost th3 State $11,000. This mistake fimounts to nothing 1 The idea that there may be trouble at the election is a:l nonsense. . The Radicals think they have their Governs now, and conse quently there will be a perfect love-feast on the part of the Democratic party, who alone will probably participa^W^tfeeelection. As to the idea of military fiilerferef^Ce, there can be no pretext for FedcRn inK-Tference. 3Ir. Iloge’s speech clear, convincing and chaste In utterance find expression. Mr. r*nead called tlife previous question, which call wa3 sustained. The yeas and nays ".rere taken with the following result; Nays—Allred, AtkinaiHt*Battle, Blue, Bru ton of Decatur, Brown, Campbell, Clower, Colby, Converse, Dar^f of Clarke, Dukes, Emerson, Etheridge, Fllyd, Franklin, Griffin of Houston, llail of Meriwether,Head,Hillyer, Jackson, Jones of Mac<jn, Lewis, Mansfield, McWhorter, Morel and, fbliver, O’Neal, Put ney, Richardson, Sargdtt, Simmons of Hall, cimmon* of Houston, Smith of Coweta, Whatley, William*. t The bill was declared passed notwithstand ing the veto, and was «cdered transmitted to the Senate. * On motion of Mr. Hill of Upson, the rules ere suspended to Like up the &nate resolu tion passed yesterday, providing for the ap pointment of a committee to take an inven tory of articles of household and kitchen furniture in the Executive man-ion. The resolution was adopted. Messrs. 11*11, of Unjteon, Rutherford and Murphy, of Harris, were appointed on said committee. On motion of Mr. tftHilhn, the rules were appended to take up a resolution offered by himself, providing tint the Finance Com mittee inquire into iheptirposes, etc., of cer tain bonds m the hanflf of the Comptroller General, said to be for the benefit of the school fund, etc. Resolution adopted. On motion of 3Ir. Johnson, of Jefferson, the rules were suspended and a resolution offere d by 3Ir. Ilogc asking Congress to re fund tax collected on raw cotton under the nuelaws, was tak<n up and adopted. The bill by 3Ir. Comining to endow the University of Georgia was read the first time, and 200 copies ordered printed. Also, a bill to change the time of holding Richmond Superior ikmrt. Also, by 3Ir. Nutting, a bill to amend usury law. • The bill to change tic county site of Clarke •unty from Watkiu#r?lle to Athens was ta rn up arul passed. £ A bill by Mr. J<> i *v#>f 3Iacon to make em ploye!* responsible fuk tax due by employee, the first tirue. lulion by Mr. Bacon in reference to State aid »o railroad* was read and made the ecial order for Mnqnay next. Mr. W. D. A a derrtoa" in votiag "ymt' the election bill, said that he fiid so on the :nd that Mr. (>>nley denies to the people korgi.i 'Jig exercise of a clear Constitu tl right—biit he stood oppos' d to the p-dl. y of an election* L- uve of absence W'ts granted to 3Iessrs. Heidt, Hunter. Pittney, Dell, Simmons of "miston, it A. Murpl v, and Jones of Gwin- . The use of thi* Hall was tendered to 3Ir. Law. for the purpose of delivering a lecture. House then adjourned until 9 a. m., to-morrow. Thlr>day, November 23,1971. bENATE. The Senate met at 10 a: ji m President umniel in the chair, i'rater by Rev. Mr. Kctcham. The rob w s called and tho journal read his action, and they should be made amena ble to law as all other persons. 3Ir. Candler asked if it was possible that no objection had been made to the bill until this discussion had developed the fact that in its execution it might involve friends and citizens, and he hoped it would be considered without any bias or prejudice for or against anv one. Mr. Nichols called the previous question. The call was sustained, and the motion to strike out section 9 was lost by the following vote; Yeas—Messrs. Burns, Cameron, Candler, Cone, Griffin, Heard, Hicks, Hillver, Hin ton, Hoyle, Jones, Jordan, Kirkland, Kibbee, Lester, Mathews, McWhorter, Nicholls and Simmons—21. Nays—Messrs. Anderson, Black Brock, Brown, Bruton, Campbell, Clark, Colman, Crayton, Deveaux, Estes, Erwin, Jcrvis^R nally, Peddy, Reese, Richardson, SBith, Steadman, Wallace, Wellborn, and Welch. —19. Mr. Lester stated that the discussion of the bill lias taken a course at which he was much mortified, for it had been assumed by Sena tors thatthe bill had been introduced so as to enable its movers to shield themselves in its execution^ behind some irresponsible insol vent, whereas, the bill had been introduced solely far the purpose specified in it, and not to meet any particular case. 3Ir. Hinton offered an amendment to the bill, provided, that when the informer able to give bond as provided in section 9, he 6hall be allowed to file his affidavit and pro ceed as though bond had been given. Adop ted by yeas 19, nays 18. 3Ir. Smith offered an amendment, that the bill shall relate to the future, and provide for the recovery of property which may here after be so detained or stolen. Adopted. Mr. Bums moved to strike out the words “ counsel fees.” Adopted by yeas 23, nays The bill was passed. BILLS ON FIRST READING. 31 r. Bruton—A bill to incorporate the town of Caro, Thomas county. Also, a bill to amend paragraph 3, section 1969 of the Code, relating to steamboat liens. On motion the Senate there adjoured until 10 a. m., to-morrow. Mr. Johnson was then sworn in. I b» paid out of the recovery sad not other The substitute reported by the Finance j wise, under order of the Court. Mr. Ptailli|W continued bis argument.! a lien ou aakl roadafor labor done that Mr. Scon’s bill pre " 1 coraoaissjon with the ji cm™, matM, Scon's bill proposes | en^'.ESS’S ^committed to the Judiciary ganize a coruiai»i!on wun tnc infers of - court, and il the gentlemen who are promised a* member* of the coiumu*i >n are obnoxious \ !£« teE nn?*l }**> <>f‘theCo.le,reUtm8lo the public print favor the 14*h amendment, bat he is un- 1 * n g. VAJ? » arming were any action utenwbieb ratebt »P- orcd lo g^titate a bill to lie m«u£ political capital bv the liepublican - - - — par” and r.-.nit jn dam.i.- to our St ate; he regulate and let out to the lo lavortd the sutef.ittteoiucb provided (or the public that the bills i* the tiutr of the mem-x*rs of this. Lagisls-j lure to make this investigation, and the poo- 1 nally Committee. , . </vo _ . A bill to alter and amend sections 103o and Code, relating to the public print- motion of 3lr. Nichols, taken Tue President ruled that tne bills did re TTrprTThTTTTT iL The wmiSlW to the same subject matter .and that the of ou.Ul.rs would constiute a son ol.coort.U«taut^ w^befirM Mrterted. Uie 14tli amendment, or should decline to act, |Mr. Conley would have the right to makeap- the PresidenL 31 r. Lester hoped the ruling of the chair Mr. Conley woum nave me ngnt to maaeap-; *■* ry . r , ~ ITSTon ’Ste^l^.i^l “ 8CtoUtu “ “ d tUe ^ “mS^’ro^r ^.^mored to ,a 7 the bill on t not b« ,in to act until the a.ljournment of the table. Legislature 1 The motion was losL Yeas 13 nars 20. ilr Dari, of Newton, thought that out-1 The bill amends the law relating to public side of the gull tv parties nrt one can form’ printing by providing that 750 copies «t the anv idf**! i f ih* mi/niitodc of the ffsuds Journals of thr Legislature shall be printed — a - . > — . w4h Sve beeB jv^SJated on the State; to io5!<*d of 2,000, and by inserting “ that said ton is mistaken when he saysttat the people ferret out these parties ii and the only question shall make ihe investhrarion. He favored the rates tn si.ui.a» — 7* --—; 1 —,— . AU oatside commission because those Who would employed in service of private panics, and of his own supporter* to fill tliv. place he oc- ^ nation from & per cent io! cnpi«d so as to have his villainies covered up. pose of deposing Mr. Conley, lie lie corrupt or otherwise, but to look to and work for the good of the people. Under the Constitution Conley is not Governor, and is a usurper under the law, and ought not to have been recognized, and the majority who voted to recognize him are now en a different line when they propose to h*»ld an election fill the office which they recognize that be now holds. The last Legislature should have provided a general law"to fill unexpired terms, and now it is too late to pass a law to fill a vacancy which has been filled before this bill becomes a law. If Mr. Jenkins were in Conley’s place, would it lie attempted to order an election ? If one could look into the hearts of the people, it would be seen that they do not wont an election held now, for the risks are greater than the advantages to be gained. The Federal Congress is on the eve of assembling, and nearly every State in which elections have been held, has gone Republican. The Ku-Klux Committee are about to report; and so long as the colored and white people are arrayed ou opposite sides there will be trouble at the election, and amid all these circumstances we are to attempt to inaugurate a Governor with the greatest probability that the present incumbent will resist his entrance into the Gubernatorial chair. The talk about military rule is nonsense, and this argument is made for the best interest of the rotate and not from fear of military rule. Mr. Jackson said he is a Democrat so long as the party acts rightly, and a Republican so long as the Republican party acts rightly. 31r. Bacon said that he wanted to vindi cate himself, and those who will vote for the passaga of the bill, from any imputation of so acting because of a desire of popularity or fear of popular opinion. The reasons as signed for the veto are fallacies. The law is clear that the General Assembly may order this election, and does it behoove the present incumbent to raise a quibble of the kind when he is decidedly upon his own rights, and all the argument upon tb© other side is based upon the idea that Mr. Conley will resist the newlv elected Governor, and yet when the bill was up for passage it was argued that no imputation should be cast upon him. It is not a question of policy now when the legislature has determined that the interest of the State demand the proposed election, and tke acting Governor has declared that he will not sanction the bill, it becomes a ques tion of policy, and the gentleman from Ful ed. Mr. Wellborn stated that doubt had been pressed us to whether the presiding officer A a right to vote except in cas* of a tie, ere fori', to at live at the sense of the Senate on the qu stem, he moved to correct so much the journal as relates to the passage of the lectiou hill on yesterday. Mr. Burns insisted upon the President’s Ight to vote, and road a precedent therefor >»u tho journals of the Senate of 1869- The President ruled that the Chair had a giit to vote in order to make tho requisite .wo-tbirds ou the passage of the bill, and sustained his ruling by reading from Cush- and also based the same on the constitu- ai rigid of the district represented by President to vote, which no rule^ could restrain. ^ Mr. 'Wellborn sui 1 that a precedent could lie established by this r.ction, and in order to settle the m uter definitely by decision of the Senate, he appealed from the decision of the Chair. Bums hoped the decision would be sustained. uitor Carapliell spoke against the ruling iic ground that it was not competent for the President to change the character of the result from negative to affirmative by veto, and that as scon ns the negative character of the result was determined by the want of the requisite majority the vote had ceased, and read from Cushing. plated the right of the Presi dent to vote in such case on higher authority Cushing, Mell or Jefferson, for under the Constitution the Representative of the 4 id District had a right to vote in any position which he might occupy, and cited a precedent from the impeachment trial of President Johnson, where the presiding officer of the Senate claimed and exercised the right to cast a vote, which determined the question whether he should be President of the United States. Also, a celebrated case in the United Slates Congress on the occasion ©f the adop tion of a constitutional amendment in 1803, where a constitutional majority beingreqnired where the vote stood, yeas 83, nays 42, the Speaker of. thi House, Mr. Macon, claimed the right to vote, and it was by that vote the amendment was adopted.—Cushing 122. The decision of the Chair was sustained by -as: Messrs. Black, Br ck, Brown, Bums, Bruton, Cameron, Campbell, Candler. Clark, Cone, Estes, Erwin, Heard, Hicks, Hillyer, Hinton, Hoyle, Jervis, Jones, Jordan, Riik- IIOUSK. House met- pursuant to adjournment, Speaker Smith in the chair. Prayer by Rev. Mr. Cdx. The’ Journal of yeaterday was read and approved. Clower, of 3!onroe, moved to recon sider 20 much of yesterday’s proceeding* as relate to the passage of the election bill, ever the Governor’s veto. Mr. Lang made the point of order that the bill had been ordered transmitted to the Sen ate by a two-thirds vote, and was, therefore, out, of the power of the House. The Speaker ruled the point well taken. A resolution providing tiiat hereafter this House will meet at 3 o’clock r. M., for the purpose of reading House bills a second time, ns adopted. 31 r. Farmer, of Liberty, offered a resolu tion instructing the Judiciary Committee to report whether or not any further legislation is necessary to pfcivide fully for an election in December next. 3Ir. McMillan moved to amend by instruc ting the Committee to inquire whether ©r not a law in reference to tilling unexpired terms, can be so framed ns to cover the pres ent case as well ns future cases which may arise. The amendment was accepted and the resolution was adopted. The Spalding county contested election case was taken up. Mr. Hall, of 3Ieriwcther, presented a cer tificate from a physician saying that 3Ir. Daniel A. Johnson, the present incumbent of the seat, is dangerously sick in Griffin. Mr. Hall said that lie offered thi* certicate simply to show why 3I>. D. A. Johnson is not ia his feat this morning. A majority of ths Judiciary Committee reported that the evidence submitted to the Committee on Privileges and Elections, to- wit: evidence of the grand jury which ex amined the ballots, was admissible. Mr. McMillan thought the evidence submit ted was not admissible, and read from the Code in support of his position, lie was in favor of declaring that there had been no election. 3fr. Simmons, of Gwinnett—The question submitted to the Committee on the Judicia ry was: Ha* the Home, either by committee, or otherwise, the right to hear any testimo ny in cases of contested elections, other than that taken in the manner prescribed ny sec tion lo>7 of Irwin’s Code ? To re.; h a cor rect conclusion thereon, it is necessary to de termine, 1st. I* that section of the Code re pugnant to that constitutional provision which constitutes each branch of the General Aesembly tho judges of the election returns and qualifications of its members. 2d. If said section is consistent with the Constitution, does it authorize us to consider any evidence other than that taken before some judicial officer upon jive day* notice to the opposite irtv, and within thirty days after the election. [e argued that sa-d section of the Code is in harmony with the Constitution, and was adopted, nut for the purpose of interfering with the right of the Legislature to pass upon the election, return*, and qualification of its members, but to furnish the means by which that right could bo exercised, wiih uniformi ty, upon principles of justice, and in a man ner consistent with sound public policy. That said section is, and was intended to be exhaustive svs to the manner in which the General Assembly shall exercise that consti tutional right. If we establish this as a precedent, the time may come, when R will be used- disastrously to the interests and welfare of the people of Georgia Mr. Russell reviewed the facts of the case and contended that the section of the Code was never intended to limit the Legislature in its efforts to develop fraud and the casting of illegal votes in the election of its members. In this case it was clearly proven that 87 ille gal votes were cast, and all of them were for compose it would have more time than mem- ! change the compare — 1 irr--- . - nn<rht tri m . kp hers of the Legislature 35 per cent | ThU If for DO other purpose ought to make Mr. McMillaii said thru the chars* of Til-1 Mr Sichols moved to strike out 25 per! i( desirable u, lainv sjsinst high officials swarm throushoat 1 cent, sad insert 10 per cent from Fallon sdmits “ .-. i ZSs thelike ihf“oro.'.sof Esypt, aod th.se Mr. Burns opposed the smendment He ' sndif o^re charges call for immediate investigation, and said the rates of compensation are already as | lalon not to recognize ,J?, re „ in wTopinion the duty of making this in- ! low as they should be considering th. cost of j “JL'tSSSSd^bed^wdShT vestiraTton falle upon the shoulders of the the pnnung and expenditures not Mumated ; the Governornow proposed to be elected why members of this General Assemble. in the cost sworn lo. should he yield two years hence^and why Mr McMillan reviewed the situation and Mr. Nichols insisted upon his amendment < would not the tame trouble he feared then a» detailed the misfortunes of our people in s because he had been informed that the work now. The veto message when stopped of speech replete with choice language and ele- could be profitably done at that rate, and had i all unaound argument dwindles down to the language u e, n0 * rei30n E U ted to me contrary. -idea that Mr. Conley is m the office of Gov- 4 Mr. Pou said that when the bill propowd i Mr. Hillyer said the committee had deter- ernor aad waalu to tuj there twelve months by Mr. Scott was first presented, hs was op- 1 mined upoa that rate after thorough aad ae- leap*. land, Kibbee, Lester, 3Iathews, McWhorter, Nichols, Nunnally, Peddy, Reese, Richard son, feimmons, Steadman and Wellborn—32. Nays—Messrs. Anderson, Campbell, Col- mao, Crayton and Wallace—5. The consideration of a bill to provide a remedy by which money or property stolen or retained from the State, or the Western and Atlantic Railroad, may be recovered and an amendment .hereto, being unfinished busi ness of yesterday, was taken up. The amendment changes the mode of prosecution of persona charged with having violated the provisions of the bill, and dis pense with bond and security required by the bill, except by order of court on the return of a rule nisi issued at the instance of the in former. 31 r. Hinton forcibly advocated the amend ment on the ground that the requisition of the bond would be an impediment in the way of prosecution. 3ir. Nunnally opposed the amendment. He defended the bill as reported, and said the Committee did not desire tosh is Id wrong doers but to shield the courts from petty suits, instituted by all classes of persons, from any sort of motive, and to protect the innocent from such unjust prosecution. 31 r. Hoyle fayored the amendment and de sired to encourage informers in every way without unreasonable restriction. 3lr. Brown spoke in opposition to the amendment. He thought there could be ao difficulty in finding solvent persons to go se curity on the bond in any meritorious prose cution. 3Ir. Hillyer insisted that the practical effect of the biU, as it stands, is to restrict suits so as to prevent the recovery of property stolen from the 8tate. He reviewed the history of the bill, and said his idea of its necessity he had obtained from his experience as commis sioner to audit accounts against the Western and Atlantic Railroad, and he found out there what general interest in the matter, and the widely disseminated knowledge concerning. 3tr. Brown said there was one instance here m the city of Atlanta which the bill would reach, where the property couM not get away, and as far as that matter is con cerned in behalf of those interested in the E urchose of the Mitchell property, he invites ivestigation by a committee or otherwise. Mr. Hillyer averred that the bill bad been dfawn with no reference to the Mitchell Committee for the bill to change the per diem of officers and members of the General Assembly was taken up. This substitute fixes the pay of President of the Senate and Speaker of the House at $10 per day, aud of members and Senators at •7 per day, with $5 for every twenty miles as mileage. On this substitute the IIouso went into Committee of the Whole, Mr 3IcMillan the Chair. The Com mi Ue rose and reported that no conclusion had been come to. A motion to go again into committee was lost. Mr. Snead made the point of order that no member can vote on this question because of their interest in it. This point waa not ruled on, because it would dispose of a bill which the House was considering. Leave or absence was granted to Messrs. Sellers, Hooks, Collins and Harvey. A message from the Governor was re ceived but not read. Pending discussion of the bill to reduce the per diem the House wls declared adjourned until $ p. m. Thursday, November 23.1871. HOUSE—AFTERNOON SESSION. House met at 8 p. ic. A number of Hoiks bill were read tb© second time. Leave of absence was granted to Messm i Tarver, Pou, Roundtree, Johnson of Clay Bruton of Decatur, and Griffin of Twiggs.’ Also, to Messrs. PatUlo, Hooks, Richards, and Goodman, a sub committee on the Blind Asylum, to visit Milledgeville on official bu siness. House then adjourned until 9J o’clock to morrow morning. S 'ctioh 2. As ancillary to said suit, an at- taclim ?nt may issue upon the informer, or any citizen instituting the proceedings, mak- iug oath that the defendant lias defraud ed the State of Georgia, stating the amount, which attachment may issue when the suit has commenced, or at any time pending the suit; su-. h attachment to lie sent out upon a substantial compliance with the Revised Code on tue subject of attornments, except as to the affid .vit, and nnv ! levied upon any an.I al! tbo proper*v of the defendant; and when s*icii attachment b once issued, il may be removed to any other eoiffity or coun ties. MS in Other cases, nou «:i.a ..o in any case, withdrawn and again 1- v- •>' other prop erty when such may be discovered. Section 3. Wheu me d< !< :m.uii does not reside in this 8tale, the orig..i :i j»ri»cecdings, under this bill,may lo by . .sincut as in other cases. Section i The parage of «• ’ bill shall be deemed, and tabc.i bo. i.mioc to all the world of the claim wt il»c tie to any money or property 1] .b!c u- h r tv* same, now held rued by office, or any po>i-i u, W'esu-rn and Allan; 1st, 1$ jj, or may be :io office or position. Section 5 All artits i • > lms hild an the State or the • ‘ I. since July : e if ter in such bill , shall be rau within one year <uter v* passage. 1j beeth n 6. The Hols-'itor Geneta! prnaecu- •’ 3S f in all andi suits shall b- cutiut-d to the ^ C ' 1 A BILL Tolxecat© the 15th Section at Article 1 of the Constitution of Die State of Georgia* m Section 1. Be it enacted by the Goocmi As sembly of Georgia^That whenever any per son shall create a lien on property iu existence, or to be acquired, or on crops i<» 1« mad**, shall rent real estate, or shall employ hdioir or mechanics, and, ofier lawfuld tuand made upon him for payment of the. cl dm secured by said lien, or such rent, or said laborers’ mechanics’ claim, shall lraudidently sell, remove or otherwise dispose of the property covered by said liens, or the projn*rfy liable to landlord’s distress warrant, or claim of laborers or mechanics, and shall f«il without legal cange to satisfy the owner ct said liens, landlord, laborer or mechanic, within ten days after such side, removal or disposal, lu* or she shall be guilty of mlsdemcr-or, and, on conviction thereof, shall be punMi« d r.s p;e- srribed ip section 4245 of the Co lo <>f Geor gia. Section 2. Bo it further en ctcd, That whenever any person described iu the first section of this Act, after selling,: moving *r otherwise disposing of the property covered bj the liens or claims therein it ierred to. without the consent of the own-7 of such lien, shall fail, with fraudulent brent, to sat isfy the owner of said liens, said landlord*, said laborers or mechanics, upon n lawful de mand upon him for payment, then lr*sh i!i V* guilty of a misdemeanor, and, up n convic tion thereof, shall bv pun;-hod a- prcscrib. 1 in section 4245 of the Code of Gc« r_in. Section 3 Be it further c- aciial, That whenever any person descrilicd i i section I of this Act, after selling, n :novh _', or ojIm i- wise disposing of, w’Plior with mi. the property covered by and ii b!c to the liens or claims described Insertion Vafuc- said, shall place himself, with fr.: i Itilont i».- tent, in such situation tint no d-mniid for payment can be made upon him, w.icre kvii person resided when said lien was created, or where said land was rented, and shall fail to pay off said liens or landlord’s chouis, or la borers’ er mechanics' claim, within ten days after the time such lien or claim shall become due, he shall be guilty of a misdemeanor, and, on conviction thereof, shall be punished as prescribed in section 4245 of the Code of Georgia. Section 4. Be it further enacted, That when ever any person renting land, or b ring labor er?, shall dispose of during the y» nr, or time of renting, or time of service, 'tb* crops or other property liable to said rent, or claims of laborers, and shall not leave a sufficiency thereof to satisfy the claims of rcn‘, or claim* of laborers, such person shall be guilty of a misdemeanor, and shall be punislu-d as pre scribed in section 4245 of the Code of Gcor- gia. property, and that that ha$ not been thought Sf until the bill bad led,that the present incumbtut, except two. Throwing out these illegal votes the contestant had a clear majority. Whether & man be Demo crat or Republican he docs not want to see upon this floor representing a county, if he as elected by illegal votes. Mr. McMillan was allowed to conclude his speech, which was cut short by expiration of allotted time. He continued his argument in relation to the law of the cos *, urging that the evidence, other than that taken in the regular and usual way, ought not to have been admitted, especially if the incumbent had not had the required notice. Mr. Pou was opposed to the adoption of the report of the committee, and was in fa vor of declaring that the present incumbent is entitled to retain his seat. As to the no tice, even if not given, the present incum bent waived it when he appeared and put in a plea. But the law presumes that the in cumbent who was sworn in was legally elect ed, and the onus of proving the reverse was upon the contestant, and he ought to have shown that the parties who voted those ille gal ballots voted them illegally, or resided out of the county, and these facts, in the opinion of Mr. Pou, were not fully proven. Mr. McMillan oflered as a substitute for the report of the committee, a resolution declar ing that there had been no election in Spald ing county. Mr. Scott said that at first he was disposed to oppose the claims of the contestant, but upon more reflection and an examination of the law, he became convinced that his claims were well founded. Under the statute, taken in connection with the Constitution, there can be no doubt but that the evidence taken was clearly admissi ble. , . Mr Netherland thought that even after a member had received a certificate from the Governor, this House is not estopped from reopening the whole case, and fully investi gate all facts connected with the election of such member and this may be done by a choice of the means and manner of making •uch investigation. Mr. Pirece said that the Committee on Privileges and Elections composed of mem bers of both parties, made this report unani mously, after mature investigation. It cer tainly is true that one or the other of these parties was elected, and there was no evi dence before the committee to warrant the declaration by this House that there bad been no election. If the evidence of fraud is sufficient, the contestant ought to be seated; and if it is not, then the inoumbent ought to be let alone. The proof was sufficient to show that illegal votes were cast, and the in cumbent admits it by not offering rebutting proof. , . Mr. Pierce reviewed the evidence, and claimed that the fraud of stealing the ballot- box was chargeable to the incumbent’s party, and that after the notice of contest was given. Mr. Henderson called the previous question. The call was sustained. Mr. McMillan’s resolution declaring a va cancy was lost The motion to adopt the report of the com mittee, declaring David H. Johnson, the con testant, entitled to the seat, was put The yeas and nays were put with the fol lowing result Yeas 97, nays 33. Mr. Hoge gave notice that he would move a reconsideration to-morrow. Mr. McWhorter said that the House had decided that Mr. David H. Johnson was a Section 5. Be it further enacted. That the term “lions,” used in sectious 1, 3 and 3 of this act shall be held to embrace the liens of merchants, factors, landlords, mortgages and others, and the reserved rights of vendors of personal property to the same, when sold on condition that the title shall not pass till the me is paid for. Section 6. Be it further enoctod, Tiiat i whenever any debtor shall shall si U, remove or otherwise dispose of person) 1 property liable to judgments against him, with intent to defraud such judgment, and sh ill fail iu ten days after such sale, removal «>r disposal, upon demand—if a demand can be made in the county of his residence, or with out a demand if such demand can not there lie made—to satisfy the claims of such judgment creditor, then he shall be guilty of a misdemeanor, and, on conviction thereof, shall be punched as pre scribed in section 4245 of the Code of Geor- gia. Section 7. Whenever any person apply ing for exemption of personal property shall intentionally withhold a full state-* ment of all bis personal property— including his money, stocks, bonds and claims of every sort, and a correct valua tion of the same, according to the best of his knowledge, or shall conceal or refuse to sur render for the benefit of his creditor* so much and such part of his personal property as is in excess of the exemption allowed by law, or shall use any trick, scheme, device, or other improper means, to cheat liis creditors in the valuation of his personal property claimed to be exempted, or whenever any per son applying for setting apart homestead shall use any trick, scheme, device, false representation, imposition, deceit, falsehood, by himself or others—to procure an under valuation, of the real estate claimed as a homestead, or to prevent his creditors from getting so much of his real estate as lawfully should be sold for their benefit, he or she is guilty of a misdemeanor, and, on conviction thereof, shall be punished a* prescribed in section 4245 of the Code of Georgia. Section 8. Whenever any person being a debtor, shall, with intent to defraud bis creditor©, sell, remove or otherwise dispose of his property, and faff upon demand to satisfy the claims of such creditor©, or if no demand can be made upon him by reason ef his re moval from the county of his residence or his concealment, or other disposition of his per son, rendering it impossible to make such de mand in said county, then he shall be guilty of a misdemeanor, and, on conviction thereof, shall be punished as prescribed in section 4245 of the Code of Georgia. Section 9. Whenever any person shall buy from another any article of person al prop erty for cash, and shall fail to pay for the same on demand, after the expiration of five days, or if no demand can be made by rea son of the concealment, removal from the county of his lesidence, 01 any other suffi cient reason, and said article shall not be paid for at the expiration of said five days from date of purchase, then said buyer shall be guilty of & misdemeanor, and, on convic tion thereof, shall be punished as prescribed in section 4245 of the Code of Georgia. Section 10. Whenever any person shall purchase in another State personal property, and bring the same to this State in which be resides, with the intention of defrauding said seller, and giving to the person residing in this State, being creditors, a preference in payment of the property so purchased, or its proceeds, then he ©hall be guilty of a misde meanor, and, upon conviction thereof, shall 'same fees on nil sums a t fin TV J’-cted as in other case©, but in no oth r *\ iv and to no 0 thcr pusou shad the State hi any event be come liable for fees, cottand expense*. Section 7 All property other than money recovered under tlii* set shall be sold under the ja.lument, and the net proceeds paid into the treasury. Section 8. In suing out the attachment above provided for, It shall he sufficient if the aih-tui swears to the affidavit upon the best of li:* information and belief. Section 9. If any informer shall bring tmy suit under this act, upon the defendant filing hi* or her affidavit in the Clerk’s office, srwear- t»4 that he or she ha© a legal and bona fidt title to sold property, it shall be the duty of the iidurnuT to give good bond anil security, pav.'. '-j to the defendant, which bond shall he hle«l in the Clerk’s office, for all costs, dam- * and expenses which may lx* incurred or subtsin.v. b}' the defendant, (including coun- sel fee.-.) in consequence of the bringing of uch ea.-c; Provided, It shall appear on the trial of .-uch case that the claim or information upon which said suit was founded was false •and nuf urided, and if the said defendant ;-hnII make and tiie said affidavit as aforesaid, it shall be the duty of the in former, upon notice of the tiling of such affidavit by the defendant, to make and uid bond in the Clerk’s office within days to indemnify the defendant isr damages, expenses, counsel fees: etc., as aforesaid, and on failure to do so within said ten day©, it shall bo the dutv of the court, ■u morion. »o dismiss said case; and if at nnv (ini-* during the prndcnci of said suit, ; ri y on the bond shalflxcome manf ul to .vccurc the defendant against said t «l.i ;>agcs and expenses, it shall be the :« f tue court to require* the informer to • * tie r security, and on failure to do so, a a* shall Ire dismissed; and it shall be duty of the jury trying any case under ac:, il they find for the defendant, to in- • whether or not the claim or information u which saiil suit was brought was false unfounded, if the jury shall find the u '<;• information to be false and unfound ed, n shall be their duty to find the amount f < ! d images, fet a and expenses as aforc- .i !. tp..: tii * defendant shall he permitted to * a; r up j idgmont against the informer, and i. v mcariiio on hi. said bond, fertile amount «v fe r..ti, * hicii judgment shall be lawful and valid t » all intcut- and purposes, and may be levied up >n the property of the informer or ni* securities,or either or both, as other judg ment*. Provided, That if the informer will make affidavit, that owing to his poverty he is unable to give such security, the case shall then proceed as if no such security had been required. riectioj 10. All the proe *e,lings under this act shad be in the name of the butte of Geor gia, hut shall state also, the name of the prosecutor or informer, so as to fix his liability for cost*, and shall state the grounds upon which the suit is founded, ami a recovery is claimed, as in other suits, and the party at whose instance a suit is begun, shall not bo obliged to prove the consent of the Attorney- General or Governor to begin or prosecute such suit.. The presiding Judge at the trial of such suit, whenever there may be a final recovery, direct that the State Treasurer, or his lawful ©gent, shall take pos 3 ; sion of the amount, which, according to this act, shall belong to the State, after fees and other al lowance, herein provided, are paid and no part <>f the fund accruing to the Slate, under the same, shall go into the possesion of the utor or his attorney. Section 11. No suit begun under this act shall l>c in any manner settled or compro mised or dismissed, without the consent and written order of the Judge, entered on the minutes, and whenever any person after hav ing begun or instituted, or caused to be begun instituted any such suit, shall presume to settle or compromise the same, oi make any ;recment for the non-prosconlion of the me, without such order of the Judge, such person shall he deemed guilty of a felony, aud, ou conviction thereof, shall \>e punished by imprisonment in the Penitentiary for a term not than 1 nor longer than 5 years, hut no such attempted settlement or com promise of such case, without the order of the court, as aforesaid, shall he valid, or so perate as to take the case out of court, and the same shall be prosecuted by the Suite’s counsel with any new informer who may appear, or without an informer, to a final ial of the cause on its merits. Section 12. The form of the remedy given this act is direct only, and the proceedings lder the same shall be amendable as inotlu cases. biction 13. All laws conflicting with the provisions of this act are hereby repealed. The proviso of the ninth section is given from memory, but is In substance correct. General W» fiord state* MJLm PMtltsn Clenrly—tic Deals* fi«l©f la ©*«• State Hand Interest ©r Party taaar Blay. _ Atlanta, Ga., Nov. 17,187L General TFiftuvm T. Wo ford, Kimball Hmm: Deab Sib—Certain rumor© involving yowl name are afloat It is said: First—That you are in the interest of ll-d lessees of the Western and Atlantic Railroao. Secondly—That through the procurement of yourself and the lion. Thomas M. Nofw o»h!, a combination or “ring” of the friend© of both was formed, looking to his election to the office of United States Senator and to your own preferment to that of Governor. In accusation number one the P*4»Oi - nmnt of your offending docs not quite appear. it ? s sufficient, however, for tho tongne oC evil report. Number two already has had an explicit lenia! from Senator Norwood. Ihc best known and the bc.*t indeed in tbd midst of these evil days may find it not amiss to regulate their Nootd out of their owu mouths, or with their sigus manual. At the iustance of a number or gentlemen, I write to request a statement from your own baud of tne truth a* to those several matters. With high respect, your frieud ami obe dicut servant, Gaunett McMillan. C.vitrEsvtLLW, Ga., November 21,1871. Dear Sir: Yours iff the 17th instant ha© been received, and but forabsence, both from ‘ from home, would have hod an earlier answer. I reply 10 . u* rumors you mention, as they m l m > onrno'c: The first is . hat I am “in the interest of th© lessees of the Western and Atlantic Railroad.” This rumor is entirely without foundation— is absolutely false. I am not “in the inter est” of any man or set of men, but in the in terest of ik-oreia and her people. As to the lease of the Western and Atlantic Railroad be punished as prescribed in section 4245 of the Cod© of Georgia. ■ILL T© Pravlde * Beater fey Which fleaer ©r Property Stolen or Frond nlently or Vntmwfnlly Converted or Detatnte (root tho fitnte or the Western and Atlantia Rolf ro«d he Received* and for Other Pur* Section 1. Be it enacted, That any money or property atolen from the btate or the Western and Atlantic Railroad, or fraudu lently or unlawfully detained from the game, and any money or property of which the said road or the State have been in any man ner defrauded, or which is unlawfully de tained from the same, may be recovered from the person© perpetrating the fraud or guilty of the conversion, or from any person persons or corporation into whose posseasii the same or the fund may be traced by com petent proof, (except persons taking for value bona Jtde without notice of the fraud) b^ ~ proceeding upon petition filed by the Boll tor-General, upon the information of any citizen, in the Superior Court of the county where the defendant resides if a resident of thi© btate, and the person prosecuting said •uit shall nwri foch •ampenaaiioa far him- snpitoS§!«5iwm»tto« Georgia !*lewk lienii. ro* Tilt OOXSTlTUTIOX.l More dwelling houses are wanted in Tliomaston. Colonel Jordan, of Tliomaston, has a 17 months’ old hog, which weighs from " JO to 350 pounds.—I'hottUUton Herald. W. J. Gaines has brought suit against the Macon and Western Railroad, under the civil right© bill, aad has filed his affidavit in the United Stale© Court soon to commence at Savnnnau.—Macon Citizen. The Rockdale Paper Mills arc ©gal operation. Bagfey’s bridge across Yellow river, at the Rockdale Paper .Mills, has been completed. Twenty-five new built lings are now being erected in Conyers. The court house in Conyers will be completed by the middle of January.—Conyers Examiner. The editorial management of the Times and Planter has been resumed by Rev. B. H. Sasnett. The receipts of cotton at the Sparta »t, ©o far, have not averaged more than the amount received up to the same date last year. In a rencounter between Mr. Thomas A. Hobby and 31 r. Benjamin Roberts, of Hancock county, 31 r. Robert* waa ©hot and killed instantly by Mr. Hobby. Times and Planter. From the Macon Citizen we learn that6omc difficulty occurred in that city between the police force and Horace Lingard, which led to th© arrest of Lingard. Before Lingard was discharged he was required to sign a card, assuming all responsibility in the mat ter. This card appeared in the Telegraph. Subsequently, Mr. Lingard appears in a card iff the Citizen in which he savs: “It ii is false hat l refused to . uit vhe poiic:.- force free That my making j.-.; of the word damn to the Gonstable is also h i e. I merely said that I would not admit ti e entire force free—that I did not think 1 ic citizens of Macon re quired the whole fo. ee to keep order in the theatre.” The drug ©to- • f Mr. Augusta Barie of Savannah, was i »ed on Monday night of some valuable p:qx*rs, twenty dollars in silver and serf: :y-fiv© or eighty dollars in United States lank notes, ilr. William Hone’s residence was entered on Friday night, and several valuable sets of harness and some bantam fowls were carried off All the arrangements for the Fair have been completed. A mammoth bill <n reached the city Saturday. It b ni..c tj f * t in height and fifty feet in dianvter when inflated. It belongs to Messrs. Davis & Co. I hc cero- naut tit Clair will make an ascension from the Exposition Park Monday. The 16th United States infantry band has lx*en en gaged for the Exposition. Five Appochee Indiana will appear during the Fair and wii, run a race in their primitive style.—Sacan nah As to the second, thul m m between Mr. Norwood and myself and our friends: The public alrcadv lias his reply. So far as concerns myself 1 have to say, there is not and never wtu anv such “combination or ring.* So far ns f know or lielicve, uo such combination was ever thought of, much less In Iked about or entered into. 1 regret that such rumors cannot be traced to any responsible author; if they could they would be met in such manner as would ren der tueir circulation ns rumor unnecessary. They should be bmnded and recognized by their authors as falsehoods. Thanking you for calling mv attention to these false reports, I am very sincerely, your friend and obedient servant, Wm. T. Wofford. Hon. Garnett McMillan, House of Repre sentatives, Atlanta. Ot'El SIV1:DISH Lr.TT£B. A Bntch of Kuodi^bAervantniwUt ©t in Georgia in D cruiber-We^ca© fact nil the Swedish Servant* %r© Want—A word toiOeorgiua© wh* Want Help. Comoro DjiN, November 3,1871. Editors Contfilutbn: Being*on^the eve ol leaving this country after a successful so journ here, I beg leave lo address you a few linos. I leave here the 10th of November, and will, God willing, be In Georgia first day© of Decentlier, probably the 2d. I am bringing with inc.125 servants, all very good and have had applications from a couple hundred more. I have put the business in fine trim, and can now get 1,000 servants ayenr.cloeely ©elected from the very best. But th© success of th© enterprise depends entirely on how them people are treated by their new master*. The Swede* aie very quit t, hard-working and industrious, a good word will go a long way with them, when unMndness soon make* the blood they have inherited from their uceslors, tiie “Yiki>g».” run hot in their cins. Used to hardships of all kinds from arly youth, they will not grumble, but they are not treated’ very well by their master* here, which makes them anxious to leave, and if not kindly treated in their new homes, they will write to their fiicuds here ami Georgia will soon gi t an ugly name here, and stop every bit of emigration to your Btate. On the other hand, if titc people are satisfied, you will have liuuJrcUs, if not thousands, who CAU '*hn will cthkraie to Ihc place where their friends, resident in Georgia, have found their home*. This is a very essential point and well worthy of consideration, and I hope I shall never have any cause to regret Lh;tt I liav© brought my countrymen to Georgia, and hope you will impress on your readers the necessity of giving no one any jnst cause of complaint. My arrangements here ar© now very com plete, and long before 1 arrive in Sweden next time, a couple hundred of first das© servants will have been «*lected and await ing my approval. I have appointed agent© all over the country, who Wilt only engage such as they know lo Ik: good and can be re commended, which will Ik* an easily con ceived advantage. If the gentlemen of Geor gia will assist me and carry out the pro- gramme^of justice and kindness to my emi grants, the time will not I>e very distant when the want of good prrvsnt© wilt be felt a good deal less than it lias been for some time paau Dear sir, yours obediently, J. Fosa, Emigrant Agent. Georgia Jlrw* item©. fcoSDENSKP FOR TU£ COKMTTCTIoa.] Abram Foard, of Milledgeville, is dead. Col. Miller Greene, jr, addressed the Bald win County Bible Society last Sunday even ing.—JfMcJyemlL UecouLr. Colonel A. R. Lain or, formerly editor of the Columbus Sun. and President of the Southern Press Association, has gone into the Insur ance business.—Savannah lb publican. Hon. Charles Estes has been re nominated by the Dcmocnicy of Augusta as their can didate for Mayor. There was a small fire in Augusta on Tuesday.—Constitutionalist. Turkeys in the Savannah market bring $4 to $5 per pa r; ducks $t 25 to $1 50 per pair; egg© 37 cents per dozen. The Savannah Fair promises to be a success.—Morning Neim. Mr. Allen Tarver was run over by hi* wagon loaded with cotton in the street in Louisville, ou Saturday lost, and died from the effects of it iu about ten minutes.—Ames and Farmer. Judge lv. T. Terrell, of Gwinnett county, has made this year sixty barrels of corn and four bags of cotton by his own labor, paying out only fifteen or twenty dollars for extra labor during the year. This is extra cropping for a man who has the misfortune to be near ly blind.-— Gwinnett Herald. Deckcns’ Shingle Machine is on exhibition at the Savannah Fair. It turn© out 20,000 shingles in ten hours. The Mechanics and Blacksntths, of Savannah, have formed a Union. L. A. McCarthy, Acting President, V). A. Sinclair, Vice-President, W. D. Rallan- tyne. Financial Secretary.—Sa-oanmUi Ad vertiser. 3Ir. Jacob McGchee, of Russell county, Alabama, died on Sunday last. 3frs. J. J. Clapp, formerly Lila Dawson, of Columbus, is dead. Colttmbns voted $200,000 in bond© to the North and South Railroad, of which $83,009 have been issued. The officers say they have seventeen miles of completely graded track, though not continuous, at the Columbus end.—Columbus Sun. Young McDonald, who was shot in Athena with a pistol last week, is likely to recover. Henry 31. Law, of Savannah, will deliver a * mperance lecture at Dcuprie’s nail this eek. Mr. William Martin, of Athens, ac cidentally received a pistol j-hot in the bed Saturday night by a Derringer, which fell from the pocket of Major W. Pruitt Though not considered dangerou*, the wound is pain ful. A horse belonging to I. M. Kenney fell into a well at the High School last Friday evening, and, although the fall did noi kill him, he suffocated before he could bo got out The first killing frost of the season occurred in Athena on the 16th instant 3Ir. W. W. Daniels, tewing machine agent, met with a serious accident on Saturday last. His horse attached to his wagon, in which were two sewing machines, backed down the embankment at the bridge. Mr. Daniels, in attempting to jump out hail liis foot entangled iu the wheel, and went down with the wagon. His leg was broken above the ankle, the wagon smashed to pieces, both machines broken, and the horre some what injured. North Georgia Conference will convene in Athens, the 29Ih insC Mr. Bnrson, of Jackson county, while hauling cotton from a gin one day last week, fell from his seat on a bale of cotton, down be tween the mules, which caused them to run. His body was dragged a considerable distance and horribly mangled.—Southern Watchman. or We learn from a trustworthy source that the Hon. William 31arcy Tweed has told hia interest in the Washington Patriot to Jeffries & Co. for $7,000. The Patriot claims to be the National Democratic organ. Ii is understood that hir. Tweed’© stock in tk© ©eaeorm oott him $26,090. Don’t be in a hurry. It is neither wis© nor healthful. It is true you can run a loco motive a mile in a minute, but il ia not good for the locomotive, 3rd the engineer rarely does it. This high rule of sp«*<*d ruins both man. and machinery. Thousands who are in haste to get rich are ruined every year. Your slow, deliberate fellows rarely fail tosucc;*ed. People who arc in a hurry are apt to hare their work to |>erl<»rn» a second lime. The tortoise Ixals the hate al lust. There i© lit tle danger of bulling y« ur head against a post if you move del.baatily. Take Dr. Holmes’ edvice: ‘ Ran Ii ymi )i*c , Vat ’r» to keep - <>nrbreath. Woru like .1 mau, tul Unw.'l 1>j m.r*.u4 lo <1 Aui. with lie tr nations—let me ebas I>ou t striae Um iron till it's fciitfhlty ©