The Weekly constitution. (Atlanta, Ga.) 1868-1878, July 23, 1872, Image 1

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Newspaper Page TextATLANTA, OA, TUESDAY, JULY 23 Trmm ffc-Nr. ) WAwnwiTrnr, Oa , July 11.1872. T« fl* Kddnra * A Jfve of nr 4’Licf-JiM*'*"*. of •!,*• SlnU\ hw*n-*1 mnwitli tht-ir MVr nrw? in Tilla OoM'Tr Tinrui* of ihf» :M inManl. Tb«r«* witc A lr|#i •4 tbnr rlrmUrra tfindudrie rmrmrcd in tin* trMMirtiofff r*-f»TT*-»! to. The thlnl metnht th* firm (Mr. II. I. Kimhtll) in (Absent from ike 8*%ir. I rninow, “from rirmmitAnrai be- vond bis coalrol.** Tl*ae mmmH* excite no- Hirer thcmljoarnment of that bend of naV lie phmderrm whom O umJ Terry and RoJ be* installed as the L»trWatnre of Georjrfa fn OrtiJur, 1870. I Lare devoted modi of my time and strmfjth In eadwvnrtee tosectm •be persons of these accomplices in mHIt, and l«» prrsrnrc the nrUmr* of their crimes from dratrarfina. until the criminal laws coaid be nifnfml strains! Hem. ami a “free parllv wrnl of the people’’ could aesembbs to aid the atlniinb*rati*ki of Jostbw. and wrest from tbr rrarp of the nx >Umi so much of their ill rotten rains as might he within the reach of law or b-gishdbio. Tlr-wj rff*«rts Imre not l«em wholly ana- ▼silinr and I trust I have tieen abb* to ren ••cr some email service to ssmr of the very »l«b- and efficient commitwhom the !/»• e*lat»ire lisre charged will* tl*» ermawnm* fbaiof this great work. My small portion •4 work has excited Hie ihs^mst enmity of the whole gang of spoliators against me 1 arcf|it it as some evidence that I have not Wifnl wle.lly !n vain. ft is worthy of n«*tice in Uie fufrinnlncr. •hat ivit a single statement made by me in Ibr tHiMb-ation to which they n*fer.ls denied Irr ritlnf l>tebrane or Ilrown. Tb»*v do not •fiviy that they, fn connection with Rimfiall •nfWm! throufk tin? the repo hits si mling the Ilailroad Park property h» Atlanta, in the name of the 1kmrs of Mitdi HI: nor U<at th*: I«egb*latare thirty- fire IlnsMand ibdlam fr»»m their clients in the Pane of a rc»lioiiribl<: offer of non hundred ibsMnil didfars for a «|«ilt rUini doil to th* same firoprrty ; tw»r that Him wlkm of tin IsYbdalure was Uhj rmqlt of liriliery, pnr»- sihI aimpb*; nor that the accrptam e of the thiity-dvn Uestsand dollars in lieu of the one liwwiml th*HiMsnd dollars ofTentd under the eimtmstamvti contain« a iI fn Uio Journals, i> nsN liiHivi' of that fsi. Hern am the H|iecifb’ ••tiaryes contained in »i»r letter, ami tho prunf n fitrnl V*. to sustain tli'in I "IihD dbmk tl*? rejdy of fys hrane very swu'inrily. Trwu lwry, iiteudaniv. venality, ••xvility to lbtll<«*k and »Ih? Italic* I gang. r*»t|cniK«s Hi and o:»t of often ainne the snr- r» mlcr. |j| un dr*HirW dkm|in| Idscharsctiv. ••*%» noilAt Ik? o**mM now say—no new fals b*d Itv tfl^lit utt'T, and no now crime lie might now c*m»»nit in the least degree nlbsrt his rep*itstii *ii «»r hi* private dwmrur where he i* known. lie boasts of Imvitiv' a largo portion of the l*ark |mn*-rty, and of large amounts ex (tend nl in Its improvetiH'nl. when I know thst slneti Hist |Min liM>t, if |»urrhasu it Iw, he liss lawn compr**uining Itia b«iur*t<l<’ht* for about thirty rcuts Hi Uie dollar; and If the money for tin? improvement* ram* *ml of his purse, it must have Is^cn snpi'md by bis practices •eslrr oiVir of Ms pr<**imsion. or his inal |Wa» «b**ii on the Dench. Kx t Thief Justice Itrcwn dvnWu neither of the siaitnmaits which I aft run si. He C»wi r letter. VnndIs, by thi* iwjjHMr, intends to say that I have h eti gtdhr of l»ril>cry in eng in wring tins lei I Umiuyli the fy gkdaturo, 1 prououncc lib «ftf*went an infamous falsehood and fir author su unsrru|sil<sis lUr." 11« tfooted the language, and therefore knew I del not “say” so If he fell in donhtalmut the Hm-nUon—tlie cohstroetion of tho lan gwarr—l»c might have asked for an ex pi ana- tbs The proj»r»«ty «f this coarse b so oh vbms that no gentleman could fail to perceive it. Ilrown preferred bytsHhetical denune.ia- Isa Um urn! ffdgo «t a vu (gar tioltroon, ami play(*d Ids characteristic role, lie m ex lavsiy te hnknl: “»/ fhurral TtamiLu in •mh by this language that / have been ruiliy «»f IrHcfy in enginrefing tills bill tliPWgb tie- Iy*gi«1ntarc, n etc. I think tlic h-nta hi• iin-If with qtm'ing fnun my 1 and ll*en adding; “Now if (Hmeral T»" sing prwaiVi engaged in the bribery. I think 1m< is too cunning and skillful a .lobby ist %n run any such uuneenssary risks, es pecially wi»h wdi cxpeita as Kind sill ami Lochran**, aided by m*OaH, nytoUif bisa * •yk^t/rwgineenng the bUl tl(l«aigli flier ly gUlaiiirK. 1i.'vii hist• try of Ihecnso, and tho ex amination «•? the Journals «»f the Legislature <the evi-bwee to sliirb I referred) will folly vimlb-vothec ruw tmsaof my ot*iuion of the In MbcheM. with the view to sssr.! the lo mU.mi of th«* d'pH «»f the road '*” his land. d*uiah d, in f*-»* simple, liy deed warranty. fiv« atw of land to the State f • ”i**v ing th« reoii the building* wh*rti may Itcrrafu-r hu icrpiinsl for ptthlie »• |V tertuitius of sabl nsul.** Tlu St-xtr <<rr.ii;ii«fd aud lothl uiidisltirlMxl I* hi of this irfopcrty for nearly a •ptsrter ..t a (oaiturr. In |M17, Ilrown X Pope brought suit for tint kieiistd kliuhell for Uie park |Mirtbiu of the |*r-i»'<tr. No aetbm was ever had on fhk ■mi, I Hit in thu easu was carried brforr t:»e ly gislaUue. slid the claim rojotul. I; tin tt» sb-pt until Ibillock go* another re mminirtire at ihrnigh itmgress, sad be atnl t!<*:•• ral r«arv had, by fraud and f«»m», «j tiel a large uuiuVr of iho true rcprissui •stivtsi of th** |»op!'' slid rt plansl Uiem wiUi •Hift.-iivit nunilyr of his own nlinutand owinpt i.»da *o rew.b-r imswIiw Ui« h«»aewt luxi wlftu he o i;ld get no pretext for eject ing The State lining thus onsUmtoat the foot of the UMir|aa and | dumb Tern, Ihillock, tkieir chief, wMh a corrupt Judiciary of bis own amMNiilnient with a venal legislature. -Nio d '.l h • l»agb- and calbsi liw dans to tin* NW'king of the (~«muio!iwcallh. hehrsiM 1 vw among th«« vefT first to obey tie call. In July? 187»\lie i»ut in the rejected «laun «<f the lidm «>f Mitrliell, in a pnnMwi- that to llu’lori, to give him thu whole of the |m«|WTty in dispute in the suits, except a strip nt land two lunduxl and forty had wide, he- is«vn Loyd ami Pry«w giwts, wlu-ru the .1ip4 tl cii and now stands, for thirty five tiMHisomi dollar*. This property was iwti iuai«sl th«*n Xu Ik worth between three bun- dnd th««iHand and f«mr liundml thottsand «bdhr-,lnrs>Hue« f the YawVdtimnaof Atlanta. Tin prop>wHi«m waa r« fom*l liy (hillock to the counsel he ha-1 ctnpbjycd to tlefi*n*I the State's in’etvsu. Mr. William IVnigherty, Judge t'oliiiT. Mr Hoyt, Judge Hopkins and Mr NunaaPy.of tin* counsel,met,coorabcd, sml. except Ncnnally. unanimously decided thM the iltb» *»f tie* Stale was clear ami an . -.<«rwvn i’-V. am! dinctel one of their nam lor soo rx|»-*rt to ilert»ov«nmor. Ifopkin* differs witii M«wsm. Duagh- rrty. t’.lher and lb»yt as to the other facta, that the title of the Stale was dear. lisllvt -rnt *n 1^n*htape’s (cipsitioo, wi h a fsl-e sfatemiuif, as was his ha!«», <*f a nwteriai fs x in the case. This message was iv. ,-iv^l tV* !3ih of dctnhrr, 1870. rrferml b* a srbvt o*mi»ii*tco of U4h boaww the same •Is*, end .c: the next dav was reported back wi-L » naamamendaYiuathst L*»chran« p sprop- ««a lo i N» snrplcj The CnansH for the Sinn h««I no notice of tho meeting of the (wwnr.tv. and wers not present, except Munnsllr. who favonM LochTane’a pnqioai- tioo. «n i .lu-lgt' lb>pkins, who amq^utod to Ih VWk a onwpmauan, “no such forma aa the IHstive vantage tr.woi **f the two par- vb* mi l justify. Lochrane rcpmacnlnl tbc MitcheU heirs. This rrp«»rt aaa made the special order of th ds> for tlie l?ui *4 It u; u U >-n tba: -lav. Mr. Candler, on the 1 .i. b»r;iv iu-ive* u* request the Governor p» sre.d in Ui- opinions of the counsel for the Stab. ins r«w»laii.»n.eii motion of Mr. 8porr. was W ; d o the table • On toe l7ih Mr ihndkr moved a aubsti tote mdtirg the tvffrr of General Austell and itkvn, to bid ATLANTA, GEORGIA, TjESDA^. JULY 23, 1872. INUMBER 1G » nirtcjO 4U Hi .nUim that all who voted for tbc bill were corrupted. Some men were doabcleas mislal. Others, influenced by other than corrupt motivci; bat it fat dear that the managers of tbcsdxAe of pi under profited by their Is tray al of their pa* lictmst. The record is complete). The fltat**’» title waa settled by the Judgment of the (supreme Conrt; waa clear aixl indiwjmUilU, in the ••pinion of foar of the leading counsel of tin State. Tlieir opinions were aaporesard liy a nircc.t vote of Uie Senate. The frien.is of the bill rofoaed to permit the claims to go before the Courta for trial, though counsel f«*es to tbc amount of fifteen thousand dollars wen- paid to defend the tides. Thirty-five thous and dollars waa accepted from the Mitchell beirs for a property in lieu of one hundred thousand dollars offered by others, without the pretence of a reason therefor being foam? on the record—except Jackson’s letter to Bullock—which property, within a few day* after the consummation of this wickedness. r ith all the clond of this corruption hanging over it, honglU at public outcry over two hun dred thousand dollars. Gov. Brown does not deny that lie aided in lobbying this measure tiinmgh Uie Legis lator* He was present in t?i«- Senate when tho bill was lwfore it, as was also Ijochrane. Kimball and Bbid-'otl; nnd he was JusUy re isiker] on tlie floor of the Hcnnlu by Mr Can dlcr for his conduct in this matter. Lobbying is a crime—a niimlemcnnor at ttxnmon law; n crime in tcnxilhd by his liigl judicial position. Bat there is yet a still graver charge than lobbying against Uieex-Chief Ju*f foe. Before foro tbese occurred, the case of Thornton and others vs. Trammell and others, conn ls:fore the Hnpreine Court. It was a cast: really against Uie Western and Allan lie Rail road, for the Dalton de|sit,and involving tin *ame principles. The counsel f«r the Hoa»l olijecUil to Brown’s sitting in that case, on the ground Uiat lie was employix! in tin MitcliHl !i^-ir»* case, which was Undecided ’ksifttri* Gciirgia, 20H Brown sbited “that in that case, the language of the doe-1 is dif ferent, and 7 hiw turned <wcr (As e ow tcilh the '•blitfition of I lie fee to the other counsel UndiT tlirsc circumstances," lie was wfjii< . t»y tlie oilier Judge* cmniieU:ut to sit ou the lie did sit, dissented from the court, bill gave no ooinion. Un weakened the opiuioii all lie could by his dissent, hut gave u<> opin i«si himself. Was that staUmnnt of Browu true!’ Il >, he either h»id no claims on the Miicln li heirs for foes, or he afUtwards contracted f«»r and acccphxl fix* while on the Bench. If not true, lie sat in a wo in Uie decision or which ho was interested, and decided * own favor. It is a high crime In the liiglicHt judicial •fllcer of Uie Btate lo bring his influence to Imwt in any way to control the nctb»u of tin* fysgislaUmj. His very position tutynmlH ‘ho*o who Imvc suits before him. Tlie ordi nary crimimd may lie in his hands, lie may have jiower to save f rom just punishment for Ids criincN even the victim of his own per fidious di liauchery. R Tinauus. To tlie 1'iibtlc. Atlaxta, Oa., July 17,1873 Kdihm CuMtitutu/n : Ax General To<mills lias thought proper lo apfieju again in prim is'forc tlie puldic, while a |H.‘monal issue was (wnding between him aiH mo, 1 hart; a very "imple rcfily for him. In his card duteal the 11IA instant, and jnibVahM on tho 16th lie re fers t« me ss nw a ling lo the usual dmige of ■ vulgar poltroon. This man. Iiaving »**en branded by me ns on uiiscnipiilous liar, fnucied, ftcrhaiis, lliai he had luifllcicnt OHirage to defend his pnr- sonal honor, or pcrlia|is he thought he coufd safely play the role of a lailly. AccepUng, therefore, the position of the injured party, and fd-ling nolilUc concern aliout my church relations, lie sent a friend to me to inquire If l lield myself amenable to the code of honor. I replied as follows: Col. J. C. Nicliolln entered my ofHce, on the nrnrnlug of the ilth instant, and said, “I desire to see you a moment privately," when tho following conversation occurred .* Nicliolls—'“I have a*m« in liehalf of Oon. Toombs to make an inquiry of you " Bmwn—“Well,sir, 1 wi;j hear you." Nicholls—“On account of your church r - laUous, Gen.T<s»mha does not know wIh-Hmt you hold yourself hhjj liable \o the C"o*t* while readmit this is an Irregular proeueini in behalf of Gen. Toombs, I make the in qufry.” Brown—'"I* H <oma to me, this course is ex traordinary. Gen. Tooni!** lias nothing Ui lo with my church relations. If ho desires «nd me a communk-Mtion, I am ready to n«t*ive it at any moment. I have couferred with a friend who does no* reside in Atlanta, liut I will telegraph him at once, and respond • a coinmimication, if made, after referring to him, without unr"atoimhlo delay. Arc you Gen. Tootulm’ friend in this matter?” Nicholls—“I am not, iu that sense. I exjiect i have nothing whatever to do with the matter. I only come to make this inquiry, *. Gem. Tuomb*’ suggeation. He may thsire little llm«*, as lie will have to get h friend who resides ..nt <tf the State, for he does not wisli to complicate lii* friends in the Slate.” Brown -“I shall not trouble persons out of Um* State. I have a frieud in the State who will serve me.” Nieliolls—'”1 would like to know whether ou liidd yminadf hound by the C«Kle?” Ilmwii—**S»y to General TooiiiIm distinctly that I am ready to receive any comuiuntca lion that lie iHinv to send, mid if I don't *poj fl j pmqierly, he knows his remedy.” Nicholls—“What I have idom* in litis in stance is simply an act of friendship to Gen Toombs, because he papiested it. I ex|ie t to take no part in any uuplcasaul uffnir be tween yon and him " Ilrown—"Hay to Gen. TooiiiIh I ludd my. •If ready to give him any satisfaction which lie may due him, or to which he is entitled i a gentleman.” This language is in Gimcnd Toouili* . XMuasion in writing, over my own signa ture. To lie certain that lie* received it as uttered, it was sent to him, on Ihe loth, after Im left Atlanta, by the first express to hi? home at Washington. Tills cudo-of-honor gi ntleman left Atlanta tlie day after this language was uttered, lie mi Kinds in the nen*p>ti*r». I leave the pub lic to jttdgii who is tlie ]>olinMiii, and wlietlier Geueral Toomlis preferred nncrtpnjtcr srtil lery to heavier metal. JosKi’ii >1 Bnuwa. Oil a second trial, whereupon tlie defend- nn’s excepted. The defendants bad filed tbeir plea to the pjainiiflV action, settiog up a good legal defense thereto, and might have V-en aide, if tlieir absent counsel had been present, to have satisfied the jury, if not th« p e?ii;ing .1 <dgc, tiiat the plaintiffs were nor entitled to leeover under Um* evidmc-c cob taiued in the record on the first trial, an also on the second trial. Tlie hill of ex cep lions states that Uie defendants’ couuscl had leave of nlxumco from the Court, but that tbe presiding Judge had forgotten it. In our judgment, the new trial should have been granted.—Hamilton vs. Con yers. 2-%th On. |R«-p. 1-78, and Summerlin vs. Dent, 3G»h Oa. Itep. 54. This case differs from that of Bell vs. Toe Uarietta Piqier Mills Compauy, tieeidid at Uie lasl term of the Court In that case th'TV wa« no pic* filed which showed that the defend unts had any legal defence to the wlion, and this .Court held Uiat such a pica should Is filed and sworn to, otherwise, it did not ap pear that the defendants had any defence In this case Uie defendant’s plea wns filed -Old sworn to and evidence introduced ou the first trud m support of it. Let tlie judgment of the Court below lie ro- vemorl. I>. P. Hill, for plaintiffs in error, llines A. Ilobhs, for defendants. J. It Ship vs. J. K. Wingfield, executor. Ejectment, from Lee. WARNER, C. J. This was an action“*of ej<x*tnient -evcml demi*ea of f.lizalM:th Wannlck Joseph H Hliipp and of Shq>}», in the right nt his wife, who had intcnn uried wilhEUza- l*elh Warmiek, the dmwsT of Uie land, against the defendant lo reoiver the j*o.«whiiod of lot numlsT 229, iu the fir»t district of Loo conn ie defendant. A (notion wns made for u now trial on tho several grounds specified in i lie record which waa overruled by the Court, and Hic plaintiff excepted. The defense ro- lied^ ou Ijy tlie defendant wns the statute of limitations. The land was granted to Eliza bulb Warmiek on the 13th Deccintier. 1836 Joseph R Shipp intermarried with Elizalielb Warmiek on Uie 31*t January, 1833. This mit was eoi.anenix-d ou the 1st day of May, ldS3. The defendant claimed a title lo the lot of land, under a deed made by Shotwell. latcd llUi Novcnils r, I83fi. Wiley took posm»sion of the settlement of land pur chased of Shot well (of which il is (dnimed the lot in dispute constituted a |xut,) the Jailer fwrt of the ytvir 1^36, and haHocca- pical it ever since. Mitchell testified, that in March, 1845, ho saw finch acts of owner ship on the lot, an the sign of limiters for cotton lioxcs having iiecn got, and that there was a fence of Wiley’s enclosing from five to tcu acn» of the lot in dispute; that this fence enclosed a (Mitid which Die fent-* of Wiley, if il had c«ni firmed straight on Ihe line dividing loJs 229 mid 23*1, would have passed through. Witiu-SH ashed Wihy’s overseer why be nwle the fence around the pond, who an iwins 1 that it was to avoi<l going through I ho water; that he did not wish to go through deep water; that it wa« Wiley’s land, any how. Tlmt portion of the vriluesa* answer, as to wlial Wiley’s overseer said, was objected to, and the ohjocfiori overruled, which is as signed ns err«*r. The materiality of this ovi- dem*e is not very apparent in regard to the main question of possession. Wiley’s fence was upon tlu; land, and Uie fitatement of his overseer only gives the reason why it was there. That reason did not alter or change the location of the fence on the lot in difiputi^ But we think Uiis Rtatement of the overseer of Wiley, wIkj wa» in iMtsseHsion of the land at Uie time, umnnging his projierty for him as his agent, was compcti nl 1- • prove the ad verse possession of Wiley. Code, 3731,2189. HJiinp, as the husband of his wife, by virtue of liis marital rights under the law as it ex isted at the time of the commencement of this suit, liad the lt-gnl right lo «ue for th«- land and to reduce the smne to iKisticwiion a« his properly, and, aer ording to the ruling of this Court in Prencoll & Pace vh. Jones & *envy, 29lh Georgia UeiK>rl, 58. he was the mly person who c*>uld legniiy do so, as the title was iu him, and not in his wife. The mistake of the plain tiff in errur is In tlie as sumption that, under the law ss it tlnm exist ed, Uiat the wife bad a atjumdc estate in Uie land, indejiciidem of the marital rights of her husliaiul, against which Uie rtatutu «»f 4I jjj (tm^ jtiwiK. uhl n*«iuii\inriiig her ^overture. DECISION H. or to* MTPIlF.nK nU'UT OF UEOUUIA DMocrtki in Alutnta, Tuesday, July 18.18«3 (mwoktso axrmv«T nw tub ommrnpwww bt „ 1 uoc liooJrcl thooanJ ilnllmn tor % quit claim w* the Pwk, »».l pruridioR for it. ,noptuxv and pnttinr the piopeftj up «t an«i *n with -bat apw-t bid. Mr Hndlry c^e olai *oh*titat« to the whole a rmototioD to rire the heir* of Milch- ell Iheiirht to «ue In ihe omrta of 'h<- Htate for the pnqwnj-. »M-h rnbatitute wvro- >wt«1. and tl e WAV irate o' Mr. Cud’er wa* ■hu rrj.etrd hy one rote, and the report waa lh.-n hy 28 lo tl rotea The llninrin of Ihe Ilooer Oommlltee. oo the 4U> of Onobt-r, made the same Joint report to tbc ll.wc. It w»» taken op on the snth. and Mr. Hall mortal the adaption of the Sclav's rrpwt u ■ rabathaU' for hi* own. Mr. 8t»>tt Ui.-n scleuittol The offer of Gen eral Aeatcll anJ tweirc other civanu of At- lar.ta, to par one hondtvd th maand dollar* f . the t-taV-V qait claim drwal to the property within ninety .Wye after date: and offered a ranhukm powidme for romraiminocn to pat op the property at pa'.lie aartkm; and prori'itvt farther, that if the enaamiarinnera fiiM to get a hid of .mm hundred tbuaaand dollar* for a quit claim title hi the property, the Governor Jioald be authorized to accept the proptaatam of the Mitchell heir* for thirty tire tbouaan l dollar*. This proport- twa waa d i»> a votr of 49 lo 73, and the ran»tc - . aolwliMe waa adoptei!. ffuch ia the record U|a>u wliieh I fonneil the Opinion th.t the arum «** the reaalt of bribery, pare and eimple. X did not auppoar atm orhait, .mm* tvrar aaroitrn 1 E L lludaon rs. tho Siato, Miadcm-nntT, from Dougherty. WARNER,& J. This case came befoiv tlw Court lielnu on a oTtwrari from the Cmmty Court of Dough erty county, alleging errors commuted by thu County Court on tho trial of an nccuaalion against the plaintiff in error for employing the servants of another in violation of the 44£Mli Mvii-'U of the Coda The Superior Court a iff rated the Judgment of the County Court which b assigned fur error here. There waa a motion made in the County Court to qnaab the written aoensation against the defendant, on the ground that he was ac cused and charged with employing the scr rants of another by an agent without alleg ing the name of the agent, and knowing aud servants to be In tho employ of the "estate of.Davh.Paeu- without alleging the name of any person who had employed said servants iu th • Daria l a-o estate. The offense con- in any person employing the servants of another, either by himself or agent, during the term for which be, she or they may be employed, knowing that such servant waa so employed and that his term of service ha not czpired. The estate of Davis Pace could not hare employed the servants, and if any person bad employed them to work on that estate the name of such per- have been alleged. (n view of tlie facts of this crus* ns disclosed hy tlie record, and the cliareeof ihe Court tlie jury as to Ihe law applicable thereto, we find no error in the refusal of the Court to grunt anew trial. Hue Wiley vs. Wuraock al., 3 sb Georgia li- ports, 710. Let the judgment of the Court below lie sfllmied. Hines A Hohtia for plainlilT in error. Vusnn & Davis, W. A. Hawkins, repre sented by 1C F. Lyon, G. W. Warwick, for defendant Underwriters Insurance Agency vs. Wm. P. Kiitlierlin. Attachment, from Dougherty. McCAY, J Where an iiisnnmce was elTceled under an >pcn policy of insurance, issued to the com pany’s agent, tlie insured Caking a certificate that his insurance, was according to the terms specified in said open policy, which was retained liy the agent: IIK14>, That in a suit for a loss, il was not sufficient f-T thu plaintiff P> produce the cer tificate alone, since ou its face it appeared that it did not contain the whole agreement. Judgment reversed. Vas.ni & Davis, Clark & Go-s, for idaiutiff in error. W. F. Smilli, for defendant. Harrison Nichols vs. Margaret J. Hampton Claim, from Worth. McCAY, J. A ptqier containing all the rctpiisite* of a mortgage of {a-nsmal pto|s rly is a mortgag" from the dale of its execution, even though lie not alPslud by an officer. It is sufficient if it Is- proven l>y the sub- scribing witness, and rccurded within three m mtlis from it execution. Aivnpor. provi ling, fot a lien, on a "bay mart-,'' ami showing that the mare was pur chased hv -the mortgagor from lliemortgagic, a sufficient dienption of the projierty mortgaged. It is not iwoessaty that « Notary Public shall affix his seal to the prolanc ol a deed hy » s'dwcrih'ng witness. A mortgage recorded within three months from the datu of il- • xeculiou is a lieu In m its date even against buna fide purchasers ilhout notice. An aflldsvi), nrolmthig a morlgage, taken hrfore the atl-rmy ol tiie monsgte, who is a Notary Public, is not a hgal affidavit, aud a mortgage recorded on sueli probate is not legally' recorded. Jmigmeut reversed. D. II. l’o|>e, for plaintiff In ertor. Wright A Warren, for defendant. defendant employed the servants by an agent, the name of the agent should also be alleged. In our judgment, it was error in the County Court in overruling the motion to quash the written accusation against the defendant, and that the Superior Court should have |>astained the certiorari upocCthat ground of alleged error. Let the judgment of the Court below be Hines A Hobbs, D H. Pope, for ^plaintiff in error. . T. R. Lyon, represented bv R. F. Lyon, J *n C. Rutherford, Silicito- General, for de fendant Rost, Jnbnaon A Co. vs. Ketchum Jt Hart- ridgv. Motion for new trial, from Dough- erty. WARNER. C J. This waa a motion for a new trial,*on the gmohd that the case was tried and a verdict rendered against the defendants in the ab- C. P. Hartwell, guardian, and Henry A. Tar ver, exeento-, etc., va Kliz-its-tt) Tompkins cr al. Tax Atff-Juvit, from Dougherty. McCAY. J. Where in an arbitration between the guar dian of a minor legatee anil the executor of an fStalt£il was decreed that all the notes of the estate should be turned over hi the minor as her projierty. Held, That iu a jiemling suit on one of the said notes jitoof of this award excused the filing of the affidavit require.! hy the Act of October 13,1S70, and this is not met by proof that there are outstanding debts against the estate. Judgment rever-od Yasiin & Davis, Richard F. Lyon, for plaintiffs in error. Wright & Warren, for defendants. B. B, Odom va. W. O Gilh Appeal on ool lateral issue, from County Court, from Lee. McKAY. J. An appeal woald, hy riwrtion 3,-W4 of the Code, lie from the vcraict of the jury in the County Court, iu a collateral issue, at the discretion of the Judge presiding in said Court Judgment n v- rsed. R J. A L. P. D. Warren, for plaintiff in error. Fred H. West, rejirtKcnted by Clark Jc Goss, for defendant. Jno. Neal, ct. a!., vs George Putten. Equity, from Mitchell. MONTGOMERY, J. 1. An executor cannot, by a power of at torney not authorized by the will, transfer the entire management of the estate, which he represents, to another, so as to bind credi tors. Nor will such a power authorize the agent to sell any portion of the property, which, in bis dccretion, he may deem to he for the interest of the estate, and thus divest the claims of creditors upon the property sold 2. A sale of property .by su agent appoint ed by such a power, is illegal os against cred itors, aud no subsequent ratification, either in express words, or by long acquieaence, oo the part of the executor, cau make it valid, so as to defeat their rights. 8. A solicitor of su executor cannot be comjielled to produce tlie sw-vo answer senceof Drp. Hill, who had leave of absence such executor, (wb‘> lias died since the an from the Court. Tlu Court refused the aue sw<-r was made.) ui a bill in Chancery, tion for a new trial, unless the defendants : which answer has never liei-n filed and eoold satisfy the piesiding Judge that they i which w: had evidence to make out tbeir defense, aad ] to file <■ thus prevent a similar verdict against them when the was left with such Solicitor earn tatameato annaeo, objects. It comes within the rule applicable to confidential communications. Nor can be be compelled to testify to the contents of such answer if it be lost or de stroyed. 1 Wh'ihor an executor, without authority to that effect In the vill,etn sell annual crop, ■if the estate by carrying only tho samples of such crops to market, we leave undecided. So aa to whether crops, made by tho tea- 'ator, come within the meaning or the term "annual crops,” as used In the Code. 5. A purchaser who baa bought aud paid for property of an estate, from one cot au thorized to sell it, is not entitled, ou a bill to marshall assets, which reeks to subject the property, ao illegally sold, to the claims of the creditors of the estate, to share in tin- proceeds of the property (which has been impounded and sold by order of the Court,) upon proof that bis money was used in the payment of dohtsof the estate, not shewing the character of tbo debts, nor their amounts, nor the persons to whom paid. & Tho report of the Auditor, In this case, wns properly admitted to show tlie validity ofjthe claims, which liad.been pursed upon by him, end which the complainants relied on os shewing tbeir interest in the subject mat- ut in controversy. 7. On the trial of an Issuo, formed to as- i-nrtaio tlie validity of a tale of tlie property if an estate, and which docs not conlemplah- an order distributing tho proceeds of the property (which has been sold, snd tho pro wls luipmindal by order or Court) it is not' nocesmry for creditors, whoso debts are founded on contracts made before June, 1835, and who are contesting the validity of tlie sale, to file affidavits of th» payments of taxes under the Relief Act of 1870. 8. Tho sayings of a person in possession of pro|ierty, levied on against his title inudc at the lime of tho levy, arc parts of the res gesto, aud should lie adiuilbil iu evidence for what they are worth. 9. A charge not warranted by the evidence should not lie given. Judgment reversed. Lyon. dcGraffcnruHl & Irwin, A. IL Ham niond, Vason A Daria, John Rutherford, lor plaintiffs iu error. IL Morgan, Jamcs-L. Howard, Willis Haw kins, for defendant. James Harrison et nl. vs. Janies Young urn! Benjamin Willis. “ " MONTGOMERY, J Thu slatulo of limitations aa to realty hav ing been suspended in Georgia from Deccm- I«t 14th. 1801. to thu 1st day of January, 1803, as heretofore decided hy tlim Court, ad verse posMouion, under claim of title, front January 1808, until Octoliur Ifftli, 1809, is not a sunburnt length of time to perfect a statutory titlu. Judgment reversed. L. P. D. Warren, UlnesA Hobbs, for plain tiffs in error. D. H. Pope, for defendants. llouj. 11. Outzs vs. Win. Bealirook, admhits Irator. Attachment, from Dougherty. MONTGOMERY, J. 1. It is not necu£ary that a traverse to the truth of an affidavit, which is thu foundation of an attachment should lie sworn to. 2. Where a plaintiff makes an affidavit for tho purpose of obtaining an attachment against an administrator, on the ground that lie is removing or alamt to remove the goods of his intestate without the county, snd the administrator files a traverse to the affidavit, tlie plaintiff is a com|ietcnt witness upon the trial of the issue thus formed, even though the contract, which is Uio foundation of thc piaintiffs claim, was made witii the intestate. 8. The effect of a verdict for the defendant upon such an issue, is a dismissal of the at tachment under Revised Code, section 323G. Judgment reversed. I), IL I’opc, John A- Davis, for plaintiff in error. Hines & Hobbs, for defendant. M. L. Hbccley vs. Martha Funderburk. Lien for labor, from Macon. MONTGOMERY, J. Where a laimrcr who claims a llim on tlie no|fcrty of his employer, under the Act of 809, undertakes to foreclose it according to the provisions of section 1909 of the Code, he must aver in his affidavit ilepi and for pay- iniuji'if The sum duo on Irtjfeicfployer. and refuel by tlie latter to pay!' I Lis not suffl cierit to aver in general terms that defendant refuses to pay. Judgment reversed. John R Worrill, James E. Heliofield, for plaintiff in error. Phil. Cook, reprwented by IL P. Hollis, for defendant. UliOUUIA LEG18L4TUBE SENATE. Wedhbsdat, July 17,1872. PurBimnt to adjournment the Sonata met tlieir Chamber at tho Capitol, at 10 o’clock Prayer by Rev. D. Wills, D. 1)., President of Oglctliorj'c University. Hon. C. W. Styles was sworn in as Senator from tlie 10lb District by Judge H. D. D. Twiggs, of tlie Middle Circuit. Hon. W. M. Reese offered a resolution that .joint committee of fire, two from the Sun nlo and throe from thu Ilouso of Representa tives, Ira appointed to wait npon his Excel lency J. M. Smith, Governor, and inform him that tlie General Assembly was in session and ready to receive any commnnicatioii ho may address them. Tlie resolution was adopted and ordered transmitted to thu House. Leave of absence for a few days was grant ed to Senators Bruton and Wellborn. A message was received from the House ■f Hcpreseulativrs. announcing tlicircoucur- renee in tbo resolution to appoint a joint com mittee from isitli Houses to wait on tke Governor. The committee consists of Sena tors W. M. Rihwi and T. J. Simmons, and Representatives G. F. Fierce, It L. McWhor ter and 8. W. Baker. Thu Senate took up aud concurred in the rurolution. Tho committuo reported through IIonWM Reese tlmt they had discharged the duty assigned them, and that his Excellency tlie Governor would communicate with both branches in a few moments in writing. J. W. Warren, Secretary of tlie Executive Dctnnmcnl, presented tlie following message ami acconqmnying documents from his Ex cellency tho Governor, which, on motion of Hon. U. B Hinton, was taken up nnd read: F.XF.CUT1VK DKTanTMKNT, Atlanta, July 17,1873. To tlu Senate and lloaee of Jloprexniativa : It is made my duty by tho Constitution to to lht> General Assembly infurmstion of state of the Commonwealth, and to recommend to their consideration such measures ns may be deemed necessary and expedient for the public good. I approach Uie discharge of this duty with a feeling of diffidence, produced by a consciousness that the subjects before mu will reqnire a more ex tended notice than 1 shall be able to bestow npon them. When I entered upon the duties of tbo Exccutivo office, in January last, great con fusion existed in almost every department of our public affairs. Our finances were In the utmost disorder, and tbe stock boards of this country and of Europe bad been floodod with bonds, purporting to have boon issued by this Stale, but yet regarded of doubtful validity. The administration of justice had been rendered ineffective by the abuso of tho pardoning power; the confidence of the peo ple in their public servants had been Im pelled by tbc faithless conduct of leading officials, ami a finding of general distrust and insecurity prevailed. Tne civil authorities bad so long been subordinated to military power that many true men had reached tbe melancholy conclusion that civil liberty bad already ceased to exist. The earnest efforts of eray department of tbe government have been directed to the correction of tbese abases, and if tbese efforts have not yet proved entirely successful, it has been because tlie evils sought to be remedied were manifold and deeply rooted. Evils, tbe result of years of misrulo, cannot be extir pated in a day. Much patient labor yet re mains to be done, and in its performance I earnestly invoke the assistance of the rep- sen tall ves of tbc people. PUBLIC DEirr AKD FINANCES. Uio formation collect by the committee 6hal> I hare been laid More you, yet I feel $on strained to say tiiat, in my opinion, tho State is bound tor the Ademption of only such ] obligation* as ImWbtun iaeued in conformity [ with lav. If nioi?y raised upon unaulhor •zed sccuritkfi hu* <pino into the truumry, tin State is bound lo uufcount for tbe kuiic. Btr wn idrmtion* of putalic policy forbid tha (he 8tale should rmtuyiizc as valid aud bind 1 ing, any contract utLsred into by any person not authorized to riake tho same. The Gov ^ emor has no au!b>rity, by virtue of bis oflla alone, to issue boud£ of the State. To dtj this, he must bo*’specially authorized by d legislative act, passed for that puriinsc. WlieiJ *o empowered, ho becomes a special agent, and cannot Usnicemi thu limits of the gnv^t conferring his powers. It is tl I well established luliidfoli?, that iierwms hav ing dealings with public agents, iu ma*ter> like this, are strictly U-uud to look to the an Uiority of such agents.' Tlie following i turity of tbo bomb: Whan Issued. consolidated statement created bc- Bbuwine I nos ot tlie issue and ma- IfU 181* and 1833.. 1843 and 1843.. 1844 sad 184S... Whco «’ua AmoauL P jm 187V tm 1881 1880 $ 6TO.SOOOO I37.W0 TO SSLOTIOO }no,m*o SOJ.OUO 00 300.00 00 100.000 00 3,600,0 0 00 i5.msoo 0f> From the furegning’ tabular statement, it will appear that tho total amount of our bonded debt, contracted jiriur to July.4,1888, is $5,233,500 00. To meet the bonds falling due thu present summer, tbe tiovernur was autbnrizcd to issue bonds to the amount (700,000 00, dui iu twenty years anil bearing interest at a rate not exceeding scvenjKT cent per anunui, iinvafiLi * Al n’lllliriel liv f11r IMjablo semi-annually. ,4 > As required by tho provisions of this act, ^fhavu caused bouds to bo propnroi}, and tho^onno are now being isal is cxcliaiigo aud redemption of tho old bonda falling duo the present year. By the third section of tho tiCC, & temporary loan was authorized in a sumiiot exceeding $300,* 000, for the pur(>ose of' paying' tho. semi annual interest, due thp present summer, upon the bomls of the State issued liufon tho flrst day of Juno,which loan, it is provided, shall be paid hack out of the moneys received from tlnmxcs paid into the treafinry during tho year 1072. Acting under the authority thus conferred, I borrowed from the National Bank of Com merce, in Now York, thoji’ni.of $200,000 at seven per cont. per nnnnfti, to bo rc-paul on tho Aral day of Duccmbcr next. This sum was placed. to the credit ot { the Statu on the 20th day of Jttno last, and is iuficlctif to »ay the interest falling duu uiHui our old lebt in tho montlis of Jun**, July and August. An arrangement has nlwrlxien cilbctud with tliu National Bank of Commerce to act as tho agent of the Stale in ^changing tho old for the uew bonds falling duo Ui is year. This arrangement is as follows:?An oiler is made to tbe holders of tho old bonds to exchange therefor the now eeven pj£r cent, bonds au thorizfd to be issnrd by ^nid act. In tbc event this ofltir shall not lte accepted, it i? proposed that the semi-annual interest shall continue to bo'paid up on the old bomls until the btato shall be able to redeem tho gain**. This arrangement is the best that could be effected in uie present condlTion of the public credit, nnd it is believed that it will give sat isfaction to our creditors. There exists no law authorizing thu pay oi^nt of interest upon Die old Nmds after tlieir maturity, but being satisfied that the proposition to that effect, embraced in the amngernopt above referred to, if carried out, will be pfoinolive of the public welfare, I respectinily recommend that the same be approved .by tlie Legi.da tura In effecting these arrungcaients, I have to acknowlinlge tho obligations under which I rest to tlie Hon. Charles J. Jenkins, who, while refusing all (iccuiiiarV compensation therefor as the agent of the >Uaf*, brought to my aid thelienefil of bis wel}-kuown wisdoiu and experience. .<r . By the wasteful " * — ad(iiinuflrati5n, . means of paying the semi of interest on tlie public debt, and to supply such means, it became necessary to resort to the doubtful expedient of a short loau. Tlie necessary effect of this will lie to place three semi-annual installments of interest on tlie public debt upon the revenues of tho present year. In December next, wc shall have to pay tho temporary loan contracted to meet the interest falling due this summer. Then, following closely in January and February thereafter, another semi-annual installment will fall due. This wc shall probably be able to meet without sorious difficulty. In Juno, July and August of next year, however, another like installment will become duo, and A_ M. and was called to order by President will bo upon us before the taxes of next year L. N. Trammell. can bo collected. The temporary loan just Tho magnitude of the interests involved, and the concern which tlio transaction has excited in the public mind, render it proper that I should invoke at your hsnds, whenever you shall feci it to be your duty to take up tliis important matter for consideration, tk« exercise of yonr highest wisdom and justice fn the discussion which will doubtless arise. I feel aieuit-d that vuu will lose sight of neither the tme interests of the people, tin •ionor and dignity of the Slate, nor the right? it thu lessees. POPULAR EDUCATION. I transmit herewith the report of tho 8tat» School Commissioner upon tlie present con dition and wants of our common school system, to which I respectfully invite.your attention. The attempt to establish tho common school system in this State has not been crowned with tho success which was antici pated. It is not difficult to understand the causes which have led to this result In the impoverished condition of the people, it has been found impracticable to raise the means at once to carry into successful operation a system so expensive, without too great an increase of taxation. Even the scant means which have come into the treasury, and which by tho Constitution were set apart and devoted to common school purposes, have been misapplied. By order of the General Assembly, in the year 1870, the sum of $242,027 62, belonging to the school fund, was taken from the treas ury. Boon after this was done the Legisla ture passed an act establishing a common school system. Tho grave wrong was com mitted of first misappropriating the school fond, and next of establishing a' cumbrous and expensive system, requiring for its suc cessful operation a heavy outlay of money. No sufficient appropriation was made for de fraying the expenses of the system. The ncojssary consequence of this unwise proce dure was that heavy debts were contracted in tho employment of teachers, and for other purposes. The present General Assembly at its late session sought to correct existing evils hy remodeling the whole system. The law as it now stands, although an Improvement U|K»n previous -legislation, is still very defee tivo. These defects arc pointed out in the report of the Commissiorcr, and the necessa ry remedial legislation suggested. I cannot too urgently recommend that provision be at once made for paying the just claims of teachers. When tho school fund was taken from the Treasury, certain bonds of the State were deposited in lieu of the same. The Governor was authorized to sell these bonds to raise money to pay the teachers, hnt tbe power to soH was expressly made dependent upon the condition tiiat such sale could bo made with out injury to tho public credit. Upon in quiry made of the Treasurer, I found that the bonds bore lithographed coupons, aud in hts judgment were bo defectively executed as hi be of little or no value. As an evidence if this, it was stated that they had been of fered by the late Governor, in the New York market, but a sale of them bod been found impracticable, except at a ruinous sacrifice. Being satisfied that the mere fact of th<?e bonds, thus executed, being placed upon the market would greatly impair tho credit of Uio State, I deemed it to be my duty to defer any attempt to sell them, and to submit tho matter to the General Assembly. the duty of the Exccutivo to intervene to screen the guilty from punishment. Thq theory'oF the law upon this subject is, that wpen guilt has been ascertained in the man-; uar. prescribed by the supremo authority, the interest of society demands that tbo offender he punished. Tlie mbsta painful duty which devolves upon the Chief Magistrate of the Commonwealth is tho refusal of ap peals made to Exccativo clemency. Impressed as I have been, however, with tlie conviction that the good order, peace and welfare |of society depend in a large measure upon the due enforcement of the laws, I have felt constrained to refuso to interfere with the duo execution of judg ments pronounced by tlie judicial authorities, ft Is believed that a strict adherence to this line of duty will result, at no distant day, in restoring to tlie pcoplo that feeling of secu rity, without which society can be neither prosperous nor happy. I am glad to have it in my power to add that there has been a marked diminution of crime throughout the State, and that there is reason to believe that this diminution will become more marked in tho future. LUNATIC CONVICTS. Your attention is respectfully called to the iefccts in tlie law as it now stands in regard to the proper dwvy^rr.ou to bo made of lu- uivicta.>4^ Sr °S r system, no provision of law specially adapted ctyx*. When the convicts were con fined in tke Stat e prison,under direct control of thu Principal Keeper, a provision existed for Uie removal of lunatic convicts from the Penitoutiary to tho Lunatic Asylnm, upon nroper certificates of lunacy being made by Quitman counties, was presented and referred the Physician of tho Penitcntiory and tho to the Committee on County Lines. Principal Keeper. At this time, however, Hon. M. A. Candler offered a resolution there is no such officer as Physician of the (be hour of meeting at 0 o’clock, a. m., Penitentiary, and the Principal Keeper has *udof adjournment at 1 o’clock, 1\ M., which negotiated should be promptly paid at ma turity, aud provision be made to meet future installments of interest without recourse to temporary expedients. It ts of the highest importance that the credit of the State bo fully rc established, to tho end that the heavy burdens now resting upon tho people may be removed as speedily as possible. Tho present impoverished con ditionof tho country, produced by the late civil war, the disorganization of our labor system, aud the wasteful cxtravaganco which characterized tbc acts of those latoly in au thority, render tho practice of tho most rigid economy indispensably necessary. Our re sources Bliould be husbanded, our expendi tures confined within the strictest limits of necessity, and puldic officials held lo ri^id accountability. By a wise, honest and faith ful administration of tho government, tho public credit will soon lie restored, aud the. |K*o|de be relieved of thu weight of taxation which Dow oppresses them. FLOATING DB1JT OF WIWTRUN AND ATLANTIC KAILUOAD Your attention is also respectfully called to the propriety of making provision for the payment of the flouting debt of tho Western and Atlantic Railroad. The annual report of the Comptroller General, herewith trans mitted, shows that there was paid out of the public treasury during the year 1871, to claims belonging to the class just named, the sum of $453,0$*) 02. There is still a large number of such claims outstanding, a por tion of which have been uuditod by the com missioners nppointod by the Legislature, in the act approved October 24,1870. At tho late session of the General As*cm lily, a committee was appointed with nower to investigate the conduct of thu said com missioners, and to inquire whether any claims had been allowed them after bung rejected by tho Legislature or by Ihe courts, or wheth er any claims bad been allowed which had been barred by tlie statute of limitations, and whether any fraudulent and illegal claims had been allowed, and upon what evidence. No warrants have been Issued for the pay ment of these claims since my accession to office. It is a matter of doubt whether any appropriation exists for tlieir payment, and I deemed it proper and respectful to await action on the part of the Legislature, tieforo directing further payments to be made. I would also call yonr attention to tho fact, that there is outstanding a large amount of claims against tho Bta e, in the form of change bills, and notes issued by the Western and Atlantic Railroad. Most of these pur- [>ort to have been issued (luring the late war, and others bear date as far bock as tbe time when the road was being constructed. 1 have been informed that it has been held by tho courts of Tentnvsee, that the full amount specified on the face of the change bills issued during the war, is recoverable. In view of the fact that much litigation may arise, and guvrexpense be incurred in suits brought in the courts of Tennessee for the collection of these hills, I respectfully recom mend that some provision be m ule whereby these evils may be avoided. LEAKS OP TDK WESTERN AND ATLANTIC RAIL ROAD. The attention of the Legislature has never been formally called to the lease of the West ern and Atlantic Railroad, and I therefore transmit herewith copies of all the pajiers of record and on file in this department, refer ring to the same. From these papers it will appear that on the 27th day of Deceml»cr, 1870, my prede cessor leased the road, its rolling eiock and other property, for the term of tweuty yean, for the sum of $25,000 per month, or $300,- hOO j»cr annum. This rental Las been regu larly and punctually paid. Tlie terms snd conditions of the K-ane are fully act forth in the accompanying documents, and need not to be recapitulated here. Thecircumstancm attending this transact ion fr >m its inception to in. consummation, have excited great intenat in tlie public mind, and By legislative act, entitled “an act to pro tect the people of the Statejof Georgia against the illegal and fraudulent issue of bonds and securities, and for other purposes connected with the same,” passed December 9, 1871, it was provided that a joint committee of tbe Senate snd House of Representatives should be appointed, whose duty il should be to as certain and report the number of bonds and indorsements which bad been issued and put into circulation by Rufns B. Bullock, la*e Governor; the aggregate amount thereof, by ... , bom the same were sold, the amount of have l*xn tlie sulyr-ct of much diverse emi AGRICULTURAL LAND SCRIP. By an act of Congress, passed in tho year 1802, donations of land were offered to the Stales for the purpose of csInhibiting agri cultural and mechanical colleges. The Stales accepting the donations were allowed until the second day of July instant, to establish the colleges. The scrip issued to the Slate of Georgia, under the provisions of said act of Congress, was sold by my immediate prede cessor, at ninety cents ]>er acre, making the sum of $243,0'*0; Of this, t he sum of $50,400 has been received. The remninittg portion will not liecotne due until the third day of July, 1873. Finding that the time In which tlie college in this Blnlc must Ik; established, if at all, would expire before the meeting of the Gen eral Assembly, and fetdir g unwilling to ap ply to Congress to extend the lime, for the reason that such application in all prtjbabil- ity would have been used an a pretext for attaching to the donation Conditions which .would have'rendered thu 4u»o odious usthe people, I determined that it was my dutv to exercise the power conferred upon tho 'Ex ecutive by the Legislature, nnd to save this important fund for our people. The question arose, how could this last bo done. In looking over tho Btale, it was found tlmt we bad several excellent institutions of learning, and that tho people in several lo calities desired to have the college established in their midst Thb was natural and praise worthy. But mj du y was plainly pointed out by law, and beyond this, I could not go. The act of the Legislature, approved Decem ber 12,1806, conferred upon the Governor ail the power necessary to save the fund to the Slate. The act of Congress, however, mak ing tho donation, required that the college should !>u actually established by tho second day of July, 1872. There was no such col lege in existence in this State, and I, as the chief executive officer under the government, had no authority to create hiic’u un institu tion. The Legislature had failed to organ ize a college for this purpose, or to dispose of ihe fuud, and would not re-asscmhle in time to take tho necessary action. What then could bo dono? By tbo terms of its charter, the trustees of the University of the Btale located at Athens, and already in successful operation, possessed ample powers to establish such a oil lege as that described in the act of Con gross miking the donation, and it was only by the prompt exercise of these powers by the trustees that thu fund did not become forfeit Tbe trustees held a meeting in this city on tho thirtieth day of March last, when they organized a college in conformity to the law granting tlie donation, made formal ap plication for .the use of tho fund, and re ceived an Executive order bestowing the same upon the University. I herewith transmit copies of tlie proceed ings had at said meeting of the trustees, and of the Executive order referred to. It may bo remarked that the act of Con gress prescribed the conditions upon which the donation was made. One of these con ditions required that the State, upon accept ing the doualion, should become bound to preserve the fund, and to see that no part of the same was lo.-tor misapplied. The accept ance of the fund made tlie State a trustee for the uses declared iu the act creating the trust. To enable the State to perform its duty and to protect the fund it was manifestly necessa ry that thu same should be kept within the control of the Legislature. The University is n Slate institution, aud the action of the tnutc(-s may lie reviewed by the Geueral As sembly. This is true of no other institution of horning in the State. In granting the use of the fund to tlie Uuiversity, therefore, I was careful lo place it where the Legislature would still retain the power to interpose for its proper application and preservation. No part of the principal fund, or of the intenst, could be appropriated to the pure base or erection of buildings for tbe college, but no delay was occasioned on this account, since there were already suitable buildings belong ing to tho University, which could be used for that purpose. For these and other reasons which might lie given, 1 deemed it to lie my duty to save the donation In the only practicable way left open to me, and to grunt the fund to tlie University of the Suite. It may be added that thu college went into operation on the first day of May under the most promising auspices, and tiiat there arc already aliout one hundred students receiving instruction iu the same fret; of charge. The prospect is that this number will be largely increased, and that the State, so far at least as her agricultural and mechanical interests arc involved,'will soon enter upon a new' and more pro*i*Tona career. What we most need is thorough and practical education, and this the new college promises to secure to all classes of tlie people—to the poor os well as to the rich and more fortunate. I'ENITENTIARY. By authority of the act approved Decem ber 14, 1871, authorizing tlie Governor to farm out the convicts in the Penitentiary, I proceeded, after due notice given, to lease tlie same for the term of two years, to Messrs. Grant, Alexander & Co., at the sum of fifty dollars per capita per annum. The number of convicts in the Penitentiary on the day the lease was executed, was 432. The num ber on the first of this month had increased to 475. Thirty-two have been discharged in the meantime, their terms having expired. This marked increase in the number of convicts is not due to any augmentation of crime in the State, bat is believed to be the result entirely of a more rival and proper en forcement of the laws. This institution taere- lof^re b-s been a source of expense to the Stan*. Under the present arrangement, how ever, it is not probable that any appropria- tion* will become necessary for its support and tuaintainance. On the contrary, it will prolmbly be productive of considerable reve nue. PARDONING POWER- ceased to have peculiar custody and control of the convicts. The only evidence there fore, upon which the Superintendent of the Lunatic Asylum is authorized to receive a convict into the Asylum, cannot bo supplied. Tho lessees are bound by their contract and by the law to treat thu convicts with human ity, and to confine them accurely; but there is no provision prescribing tlie proceedings to be had in case any of them becomes luna- _ «, tic. I therefore recommend the passage of s&mo industry that has characterized their such act as will cure the cvii.hcre pointed former sessions. out. Prayer was offered by Rev. John Jonca Upon calling tlie roll, it appeared that t _ hundred and forty members were present, in eluding the Speaker. Tin- Journal of Uio last meeting was read and adopted. Mr. Pierco, of Hancock, offered a resolu tion to appoint a joint committee consisting of tliroo from the House and two from tin; Senate to wait on the Governor, and inform him that Die Iloii9c was ready for business; also, a committee to inform the Senate Uiat. the Qoubc was organised aud ready for busi ness. 1 Messrs. Pierce, McWhorter and Baker, of Biyan, wore appointed on the former coni mittee. It A communication from the Governor was: read, informing the Assembly of tlie election of Luther J. Glenn, of Fulton, & B. Cleg* horn, of Muscogee, J. F. King, of Wayne. J. W. Forrester, of Lee, uud J. G. Caiu, ol Jcfll-rson, to fill vacancies. Tbo gentlemen were sworn in. Mr. Phillips, of Echols, offered a resolu tion providing for the appointment, of a joint committee of twenty-one—two from each congressional district to bo upjkilntod by the Speaker of the Urartu, and one from each congressional district appidntcd by the PreMidu.nl of the Senate, to prepare a bill conforming fto Uie recent, apportionment act of Congress for redistricting the State. A resolution offered by Mr. llcridt, of Chat; un, for the appointmcul of four paj hlcr tlie rules Laid over unlil lo morrow. On motion of Mr. Pierce, of fluncock, the Governor’s message wns taken up and rcadu On mulion of Mr. Phillips, of Echols, the message was referred to appropriate com mittees, aud two hundred copies ordered printed. * y The counties wore then called and the fol lowing bills read for the first time: Mr. Stovall, of Golumbia—A bill to con solidate tlie offices of Clerk of the Suftcrior Court and Treasurer uf-McOuffi0'i^'unty.' LUNATIC ASYLUM. I herewith transmit the report of tho special committee appointed.to investigate tho con dition of tho Lunatic Asylum. The investi gations of the committee have been thorough, and tho information which they have collected in regard to tliis great charity cannot fail to attract tho earnest attention of Uio General Assembly. The number of patients now be ing treated in tbe Asylum is large, and tlie expenses attending the same are heavy. These unfortunates mnst bo cared for, how ever, 1 and to that end all needed reforms in tho administration of tho institution should be introduced, aiul all existing Abuses corrected. The committee, whose report is now submit ted, is composed of gentlemen of high char acter and marked abilities, and any sugges tions that they should mako are entitled to the most ruqiectful consideration. MAIMED SOLDIERS. I respectfully ask that your attention bo directed to thu subject of supplying means to furnish arlificUl limbs- to such indigent soldiers of tliis Slate as wore maimed iu the late war, whether in tlie service of tbe Stale of Georgia or of tlio Coufcdi rato Slates. The General Assembly, in 1806, made an ap propriation for this purpose, but I am advised that there are still many Indigent soldiers re maining, who have never been supplied with artificial limbs. The report of the Comp troller General, made.iu,tlie,year 1869, shows that a portion of the appropriation made in 1866 is still nnuxpcnded. As this fund can not now ke drawn from the trea jury without further action by Uie Legislature, I respect fully recommend that an appropriation l»c made sufficient to meet the w ants of this meritorious and unfortunate elms of our fel low citizens. These patriotic men gave tlieir nat ural limbs to the service of thu State, and it is but little to psk tiiat the State should re place them with artificial limbs: U.Ult DEAD SOLDIERS, _ 'Your attention ia also earnestly called to the fact that thu boditu* of over two thou sand soldiers, who fell fighting upon our ow n soil, stiD remain imoared for on tlie hillsides and in the valleys, where they surrendered their lives in our defense. By appropriation heretofore made, and by private contribu tions of means :uid time, expended under the patriotic direction of the ladies composing the board of trustees of the Georgia Memorial Association, twenty-two hundred and eighty bodies have been gathered up aad decently interred in tlie Soldiers’ cemetery laid out for that purpose at Marietta. AU the means on hand have long since been exhausted. Noth ing farther has been dono within the last three years, and now even the. cemetery, Also, n bill lo nutborizo tUcOnBiie.i o/. £2 ***** ««-v "W.R55S3H £jK our noble women suuul reedy, with tearful eyes, to perform tbe boly task. Our |>coplc are poor, ami tbe 8latc is cramped in ber finances—for tbe slramrcr nnd the spoiler have been among m—but wo nru, not so poor bat that we can jet bury our dead. MILITAltY INTEItl'EltEKCK. It may bo that R is unnecessary to call your attention to tlie correspondence wbicb was recently had by tliis department with thu commandant of thu military forces of tke United States stationed at this plsco, in re ference to the interference iu uur local affairs by armed Federal soldiery. The copies of letters, herewith transmitted, will put you iu possession of nil tlie facts connected with this unauthorized attempt to art asidu nnd supersede the aulknrHy of tbe Mtate. It is the earnest desire of the people of Georgia to preserve gtsid order, to put down crime in their midst, to discharge all their duties, pub lic nnd private, in a peaceable manner. me, l shall protest against ouch interference witii all the earnestness of outraged justice. The pcop e have no thought of offering any kind of resistance to the enforcement of the laws of the United States, but they do protest, nnd will continue to protest, against all ille gal ami niMiilhorizcd attempts to trample under foot the great right of local self-gov ernment, whether such attempts be mado by the military forces or by the Judiciary of the Federal Government. Jambs M. Smitit. During tlie reading of the message Presi dent Trammell vacated his scat, calling Hon. It may lie here remarked tlmt in the pres ent stare of society, I have felt it to be my _ —j ... duty to confine the exercise of tire pardoning . - i* is’nroper that I postpone any extended re- i lease titer* fore, at this time, anti In advance j power within very strict limits. Courts and not as be thought best, I marks npun tbe classes of claims and securi-l'f the offleid evidence, might justly be j-irn* constitute:the proper tribunal for tlie administrator “ «a I tto mentioned in the act, until ftcr lire in- deemed pre nature. < m»l of cnminal offenses, and it is no jmrt of of the message be printed for the use of the Senate. Adopted. The message was then referred lo the ap propriate committees. Hon. Reuben Joucs offered a resolution thst the Secretary be anUiorized to have one hundred copies of the Itules of the Senate printed, which was adopted. Bills were then taken up for so--end reeling id referred to appropriate commit)ces. The following bills were read the first Hon. It E. Dealer—To authorize the Sa vannah and Ogcechcc Canal Company to con struct a cj*n*l connecting the waters of the Ogcechce and Canouchcc rivers, and increase tbeir stock if necessary. Also, a bill to authorize the President and Vice President of tbc Union Society, in Sa vannah, to issue bonds, to change its corpo rate name, and for other purposes. Also, a hill to authorize the Central Rail road and Banking Company; tbc Southwest ern Railroad Company, and Macon and Western Railroad to issue bonds and czccute mortgages, anil for other purposes. Hon. C. C. Kibbec—To prescribe the time of bolding elections in this State. Also, to change section 3, article 8, para graph 1, of the Constitution of this Elate. Also, to amend section G75 of the Code. Also, to authorize the corporate authorities of Hawkinsville to take $5,000 stock in the Hawkinsvilie and Eufaula, and Atlantic, Fort Valley and Memphis Rnilrera Is. Hon. C. Heard—To regulate the time of holding general elections in this State. Hon. U. Hillycr—To incorporate the City Bank of Atlanta. Also, to amend the 'charter of • U&-. Atlanta. • rlilH ol -<i, Also, to amend the act amending the char ter uf tlio city of Atlanta, approved January 20th, 1871. .-moo IraoiMm n Also, to. amend the. charters of tho Iton-o, Sterna, Rome nnd Dalton and. JHcmpkb Bnwth RaBrorffO—iwUmwil art) srpitca.v Also, to provide for more speedy trials in indictasgaSa tor murder. Also, to amend tho act providing for taking testimonv in certain cases. Hon. W. M. Reese—To regulato the law of lien. a n i Also, to define the duties ot administrators in certain cases* Also, to amend the 3d section of the act to fix the salaries of Judges of the Supreme and Superior Courts and Solicitors General. ■ Also, to regulate the mode of deciding cases by tho Supreme Conrt. rn. ; Also, <o amend tha Claim Iraw. Also, to regulate leases for years. Also, to provide for the punishment of mlsdcm.anors. . ".I ■ Also; to extend the law of consplrJcr. Also, to amend the act to '-authorize all picas and defenses to be swam trim certain MMk. Also, to amend section 4110 of tho Code. Also, to execute tho 15th section of nrtrclu 1 ot the OoaetUutlna. , . oT—(you Mr. Deveaux—To amend the act to carry into effect the second clause of Uie Slh article of the Constitution. :. Tlie memorial of citizens of Stewart county protesting against the pnssago of the hill to change the lines between Stewart and was adopted. The Senate, on moUon, adjourned until 0 o'clock, A. m , to-morrow. HOUSE. The House was callod to order at 10 a. si. by the Speaker. Mr. J. B. Cutnming, in a few appropriate remarks, welcomed the Representatives, ex horting the same harmony unrl enjoining tlie . sppoiutrd from 9 A. >1 *k I onto miu£doevu.i.b 1 I ms Spencer of Oofflao, offered a resolution phwhl ingfor removing the General Assembly 4 MilledgcvUlo on Monday next, bccaiun taS rosohitiou alleged, the Hall was uncom fortably warm and therefore dangerous to tho health'of tho members and otherwise un- satftran *4t V- UrraK) ■*JMr. Pititc, of Hancock, moved tkoadon- taa of the resolution. 1 ^ ]Mr.-HiiUiiW, i ot Echols,-moved that tlio solution be mado tho special order of the -v for toiday two weeks, which motion was J (juration waa.tlicu.on the original’res- „tatnr!l miff ''dr r. Uojrt, of Fulton, -urado a few remarks itUklhai-df the rcsolmion was intended ,-ui a joke, it wAa- an expensive one to tlie State, aijd if it was serious it failed to constitution- *l{yjzdlllb for such a removal, and that tho rcncy was not sufficient, r. l^iu, of Muscogce, statod that hclra- xl the gontleihan from Fulton was misin formed if he supposed tho resolution was se rious, deprecated the Ins, of time, and mori.l th|rt.tho resolution !«laid on the table, which lotion was carried with but one or two dia- rattagivdeasyaa sol U« •• Leaves of ahnenee Wore gractod to Messrs. Iidlengorof Floyd; Kelly of Chatham, Col- y of Urtrahe, Urirton and Williams of Do- The House adjourned till I! A. u. to-mor- o*. --wr**tvittjVndiTj-*r • 'v. BERATE. ' --v ■ I Tsfilo 1TlUJNsUAT, July 18,1873. nato-cslfiM to order by rrcsidont Tram- 'raycr'ljy Rev. E. W. Warren. [ou. H. 41" Hinton offered a resolution Which was adopted and ordered transmitted Ilotm It provided for tho apjioint- Aiso-» hill to apimint a committee to re mit a bill in relation to apportionment of tcprcsentntiviM of the General Assembly. Also, a bill to change tbe times of bolding tbe Superior Courts fur the counties of Mc Duffie and Columbia. Mr. Paxton, of Chariton—A bill to require the Tax Collector of Charlton to receive jury certificates for county taxes. Also, a bill to appoint a Board of Hoad Commissioners for Charlton comity. Mr. lloge, of Fulton—An act to require the Treasurer of Coweta county to pay $5U0 to Hugh Buchanan and others. D. C. Colby, of Chattahoochee—An act to amend article 16 of the Constitution of Ueor -v, *-- • fourteen from the House, to re- .i hill Kedtetricfftig flio' State according „ -jo apportionment liilL . Tho commiitcc from the Senate rto J. 0. Nicliolls, B. B. Hin ton,' W. Pf Mathews, T. J. Simmons, 0. Heard, W. S. Erwin anti-George Hlllyer. A message, was received from tho House announcing the passage of a similar nwolu- tinn, On maumlt was concurred in. e' Tnllowing bills were raid tho first time: nn. R. ttniley—To amend the Garnish ment laws of tiffs Stiile. ilon. Q. O.Kiblifco—To amend paragraph I,, ntction 1, uhiclo 7, Constitution of tiffs E&tn. ’i* , . , aEo; to amend tlio Act,.crcaliitg a county Also, to require tlio payment ot coals in Ivffnce in certain cases, lion. IV. M. Reese—To enable Davenport Jaet^bun to hold the oifico of Sollcilor Gone- o, to define the powers of Ordinaries in scorpus cnZf*. '' , u, to repeal sections S, 8, 7,8 and 9 of the net to more fully carry into effect the liomfcstcad law. , ; Also, to amend tho law of dower. Al^o, I-; require Exprcus companies to do liver arlidlcs jironijitly to all parties in ciUur and Ouwus..; J Alto, to nnuiiid section 3793 ot the Code. Also, to repeal seelion 2718 of the Code. Alio,,to Wpenff wcllon 2253 of Uio Code. lirovlde f■ T tho inure Sjieudy settle 's 111 Equity.' hi bf-incorporate tlio Merolianta' and Plin'ijcio'Tla'nU'nf Wai-ldiigton. 'IIili. flcor-i-T Hlllyer—'To create n lien In fuvmi of builders nnd contractors. ’/.lliii W. 8. Erwin—To amend the charter of Ajluns. * ; lliii: T. J. Himmoris—To incorporate Uie Capital Bank of, Macon.' , Also, to provide for Uio payment of Insol- v'cut !costii 16 the SoHcllors General in the Uacnh anil AtiiDltaCtrciiiU. 'Hop. W. C. Smil'i—To incoriionite the Granivillo thilhiglatii 8i-mhiary. Hniu L N Trxli|im-U—To niitlinrizc au- lluWlfm of Dalton lo issue bonds for ednra- lionul PiiriWisieiC/, Hop.' U Hi 1 fllyles—To ninrud Uie illc- ’g.jfiljjlaw. . ", Alsji, ti.i lax liiqT: ilUc of non rcsiddni in 'orlp oouilty. Hills Wore taken up for a Udrd reading. Iffisretalim Pi payment ot nab. I '-oiii- will led report ndve.se lo |mwa Report litlimljff and hill lost. For-Uie lemoVal of tho cmmly sltuoffs-o fManlr. Rlifiirred to Uto CoinniiUoe on New Oainpes aipl County Lines. 'To ukorpiifalo tlio Atlanta and Tenneswe ItaMfitaff: 'O&hirhiify., Tklilod for the (HCarait. -To pni* ent Uie catching of fish 111 acimai in onmialo.nf tin) Irlg eT ll('i K ', In Chutlumi eountj. •'Iti'jMiri of e'oiimduee filauriroil to waiisr” • -. 'fil kuieu.i litOjh'snt. laws wi far as reta'i prepared with such pious care, has fallen into , , , . , decay from lack of funds to keep it up. I n ;(?™ nco l V c ‘l U0 ?ni >l V« respectfully inquire—how long shall Uiis ?*’’• °^,i „ Miri’™!,ri > i S A 1>r0 neglect be permitted to continue f Having P”* 10 mon °y f° r •** Lsdica Memorial Asso- put oar liands to this good work, shall we ,72";, turn back and leave it unfinished f These , Mr. Hogo, of Fulton 11 ill to amend the men died for us. Shall we not,.then, at least in «fference to the dtato LunaUc save Uieir bonus from tho plowsliare, and put Asylum, them tenderly away? Duty calls us, and Mr. Glenn, of Fulton—A bill to prescribe the mode of conducUng suits before JusUcca of the Pcaca and Notaries Public in .lie State, and for other purposes. Also, a bill to pay jurors iu tbe City Court of Atlanta. Mr. Chastain, of Gilmer—A bill to require die duties of Receiver of Tax Returns and Tax Collector for Gilmer county to be dis charged hv different persons. Mr. Phillips, of Echols—A bill to establish Congressional Districts according to late ap portionment act of Cob gross. Mr. McMillan, of Habersham—A hill to amend suctiuu 1601 of the Code, so for ns it relates to ditching and draining of lands. Also, a bill to amend thu laws of the Stale so far as they make judgments of any courts bind all the property of defendants but person and real from date thereof, and other purposes. Mr. Caiu, of Jefferson—A bill to change the lines between the counties |of Jefferson , , . . . anil Burke, and to add a portion of the county and to maintain between tho authorities of Burke to Jefferson county. of this State and of the United Stales kind Mr. Huinmerlin.of Heard—A HU to reduce and pleasant relations. Such is iny own official bond of •Sheriff of Heard county. fixed purpose as tbe Governor of Uie State. Jlr. Pierce, of Hancock—A bill to relievo It is hoped, however, Ibat we b-ivo seen Uie the securities of ou bond of 8. C. Shivers, last of this kind of interference with onrdo- >p ax Collector of Hancock, from all liability incstic affairs. Tlicre is neither reason for for default of said collector. it, nor warrant of law. it is my duty, as Mr. McMillan, of Habersham—A bill to Chief Magistrate of tho Commonwealth, hi amend an act to establish a board of com- uphold tbe laws, to maintain good order niisaioneni of roads, and revenues for llalrar within our borders, and to protect the people gbam and Lonndes counties. in their rights of person and projierty. To Also, a bill to amend an act to confer ad- discharge till* high duly, the Legislature lias Jiuoual powers un town corporation of clothed the Executive with ample powers. Clarksville and to amend charter of said There ia not likely to arise an emergency town. when the aid of the Federal authorities will (j. T. Patillo of Harris—A trill to compun- be required, and there can never ocmr a case m te grand aad traverse jiirnrs of Harris coun in wbicb the voluntary and unauthorized ty, and pay constables fur al tending the Su- interfcrencc of tho military forces of perior Courts. the government can be necessary or Mr. Bush, of Miller—A bill to secure tax justifiable, And so long as I hold the office ou wild lands in thu State to tbe county ui witii which the peopleJiavean freely honored which Uio land lira. Also, a hill to provide for an eleetion. Joel K. Griffin, of Houston—A bill to pro vide for tbe payment of a portion of tbe fund raised for school purposes to the city.of Fort Valley. Also, a bill to incm porate tho AUontie and Memphis Magnetic Telegraph Company. Also, a bill lo authorize the Ordinary of Houston county to issue binds ami levy extra tax for the purpose of building a jail. Also, a bill to amend an "act to alter and amend road laws of the State in tire counties of Bibb and Houston, and to authorize Or- dinarics of Uie same to levy and collect taxes J^G. Nicholls to the chair. At the close of for said purposes. _ the reading. President Trammell resumed his Also, a bill to incorporate Uie Southwest seat. Georgia and Central Fair Stock Company, of Hon. B. B. Hinton moved that 500 copies Fort Valley. Mr. Hall, of Mcrriweiber—A bill to incor porate Uie town of Woodbury, in Mcrri- wether county. Mr. Hancock, of Jackson—A bill for fixing pay of persons serving.ua jurors in Jackson county. Mr. Clgghora, of Muscogee—A bill to tost tbe lido to Uie commons of Columbus, witii a view to selling tbe same. Mr. Baker, of Pike—A bill to change sec tion 1977 of Uie Code. Mr. EUiriiIgc,of Putnam—A bill to amend charter of Eatonlon. Also, a bill lo authorize commissioners of Eatonton to regulate vending of fresh meats. Mr. Glover, of Sumter—A bill lo alter and amend the law with regard to costs iu several courts of Uie State. Also, a bill to alter and extend powera of Justices of Peace and Notaries Public in State. Mr. Snead, of Richmond—A bill to regu late public instruction in Richmond county. Mr. Philiiira, of Echols—A bill to protect tbc citizens in villages and towns and others residing near places where Justice Courta and elections are bold, to make 1 penal cock-fight- ing, horsc-racing, loud swearing, utturiug ob scene language, and for other purposes. Mr. Cato, of Troup—A bill to organize criminal court for the county of Troup. Mr. Hall, of Upson—a bill to amend 8d section of an act entitled an act to fix and establish Uie salaries of jui^gesof the Supreme and Superior Courts aud solicitors General. Mr. Raker, of Pike—A bill to compensate grand and petit jurors for Pike. On motion of Mr. Hogc of Fulton, the sca ly: llit-,sou. '' , To Iiinciiil the charter of Athens. Tabled for ih4 presort' To authorize thu Intcudanl anil Wardens of A llieiis to issue Istnils. ‘ Passed. To regulate Uic pay o( Ibo Tax Receiver Of Bibb county. Passed. To inconmmlo Porkenfvillc In Chatham county. Withdrawn, To (inconmgc, the manufacture of cotton and wiiolon fabrics In tbo Stale. Referred to Ooilimitteu cm Manufacture*. To incorporate Uio Dalton and South- western Railroad Company. Referred to poinniitura on Internal Improvements. To incorporate tbo Georgia Industrial As sociation. Recommitted. To .sutliorizo administrators, etc., to sdi city o? town property In certain cases Ih> ferred to Judiciary Committee. To incorporate tire Camming Manufactur ing Company of Augusta, Tabled fur tho ivo. to Uio Mayor and Council of 8»- HfajMht to prcscriho tho ilicland 11 * Uie fc*s In county jail. Passed. To change the laws relstivo to fenucs. Tabled for the present. To require stock to bo kept up. Rofcrrod to Committed on Agriculture. To grant to tiic 1 City of Savannah control of thi? wharves and docks. Passed. To amend Uie act to Incorporate tbc Savan nah Piraf Honsunnd Hospital. Passed. To 4mend the act'to .protect tbo people of * this Spite lmliesnlc'nf kcroscnonil. Pawed. Honj. C. W. Stylos offered a resolution in- hlnic.tiiig the Judiriaiy Committee to n-jnirta fait! for tlie regMratioii of v> tern in Uiis State, Sail defining where each voter shall vole, which was bdofiMl. Thu following lulls were lead the first time: Him W. F. Jordno—To relieve Uie securi ties of} J. T. IlHw on a penal hood. Hoii J ft Nicholls—To i nl unit Uieqinw- lion of thu removal Of the court house in Aprdiog comity to the voters of «hl couply. Hon O. W. Styles was app lintnl a ineiii- 1st of thu Committee on Banks, and ot tlie Cotniiplteeon Lunatic Asylum. Hod If. Conley was appoinloil amemlrar of the Committee on Enrollment, and of Uio ODinhiiUiraon Journals. Tlio: bill to incorporato tho Allanta and Tcmnvs.ee Itnilroad Com puny, was taken from' tin: table amended and passed. Senate bills wero read tlie second time and referred. lion. B B. Hinton, President pro tern., dor- ing a portion of the morning hour, pnwidml. W. Worreq, Secretary of tho Executive Diqmrtment, announcod a ccmmanjcatioa from bis Excellency Governor Smith, with accompanying documents. Tbo communication mrlsnitleil tho reports of the Comptroller General and State School Coiiimissioner. On motion of Hon. O. 0. Kilibes, one indrtd copies each of the reports of Uie OomiitrollerCleneraland Stato School Oom- miaenjicr were ordorwl printed for tlie use of Uie Hctrata. lloii. J. R. Brown presented Uio nie-nortal of Henry Winder, of Cherokee county, which was referred lo the Committee oo Me- mm iuls and Petition.*. Tho Scnniit llicn adjourned until 9 o'clock a. m to-morrow. HOUSE. The Heme was called to order at 9 A. x. by Srieakt-r Cutnming. Prayer by Rev. Mr. Jones. Tlie resolution offered by Mr. Heidi on yestcrilay providing fur the appointment of four Ifiges waa taken up, read and adopted. Mr. Simmons of Gwinnett, moved a nr 5 pension of the rules for the purposo of tak- up bis resolution pruvi-ling for the np- utment of a committee of 31, fourteen ui Uic House and seven from tbc Scnalo, to mlistiict the State. The motion prevailed and tlio resolution was taken up, adopted and transmitted to tbc Senate. • Tbo following bills were read the third time: A bill for tlie relief of Tax Collector of Tfaonms count)’. Recommitted to Uie Fi- nance Committee. A bill to amend road laws in Camden and oUicr Counties, and for other purposes. Lest, A bill to organize tho criminal courts and legalize Uic proceedings thereof in Uic coun ties of Chattooga ami Quitman. Adopted. A'tyill to incorporate the town of Gnya- ville, ia Catoosa county, and for other pur poses. Adopted. A hill to allow J amen Dolnon. of Berrien county, to pcddlu wares, merchandise etc. Adopted. A 1(11 to charter First National Bank of St Mary's. Loaf. A UU to amend an act to inouipuntic Uic town of Thomiran, in Columbia county, now McDuffie county, apiirovod December 16, 1859. Adoptiff. A message waa received from Uic Senate informing Ihe House that It had concurred in the rcnlution |>aased by tbc House for tbc appointment of a committee of 81 to redta- trie; tlie State, and that tbc following gcntle- [CONTISUED UN SECOND 1’AOE.] inoistinct print

Georgia Historic Newspapers

The Weekly constitution. (Atlanta, Ga.) 1868-1878, July 23, 1872, Image 1