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J VIKLT CONSTITUTION per aaaum $9 00
AS Htaolpdoomptjtbte atrictly In ad Twice
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« made, mtroi pr*rto**]y renewed, the name of the
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ATLANTA, OA., TUESDAY. AUGUST 27
The » Riraiffbi'f Convention.
T1»e “Stratolit” Convention yeaferdny dis-
ftpfxdated other* if it did not its friend*
Our reporter conn tod 57 delegates from 23
cnonlHi out of 135, nod the lmlk of those
were from Filtro and Cobb. Wc h ive not
reed of ton counties appointing ddrjratw,
and we have looked the State papers closely.
A resolution waa passed to allow unreprc-
rental counties to pick np delegates.
In all courtesy to the gentlemen engaged
a fl it ter, tamer affair conld not have hap
pen'd. The proceedings are reported in an
other column. One of tlie delegates ap-
jK.ir’^l to Lottisvillc was appointed without
authority, and his name ha« licen withdrawn.
Crowd Satiasal t race Ke l nlon.
lie voice of the people to le'hwrd in a
grand peace re-nnion at Louisville, Kentucky,
on the lltb and 12th days of September,
is;* An old-fashioned Kentucky Rart>ene
will t** given and ammgemenU will lie made
to cn'ertrdn 10ft.050 visitor*. Greeley and
Brown, Sumter, Ifcn Hill, Carl Schorr, Zrh
V inre, Trumbull, Wade Hampton, Yorhees,
lbndricke, Reverdy Johnson, and a h'is*
the Nation’s best speakers will greet the
people. Everybody is invited.
The, *gtv*at Industrial Exposition, and the
Lout? ville Annual Fair will present addition
al attractions to visitors.
Noem.—We are Informed that the Western
and Atlantic Railroad will sell return tickets
at one fare.
THE WEEKLY
TUTION.
VOLUME V.l
ATLANTA, GEORGIA, TUESDAY. AUGUST 27, 1S72.
(NUMBER 21
firecl«.*a Piut.
In narrowing the Issue down to Greeley’^
past conduct the most preposterous blunder
is committed. Mr. Greeley’s personal indi
viduality Is now merged into his represents
five character as the leader of the great pop
ular movement for reform and lietter rule,
f Mr. Stephens himself indorsed the move
ment hy accepting Mr. Davis, one of its lead
ers. The spirit and purposes of that move
ment are not altered hy the personality of its
candidate. It is as much as it ever was
attempt-Tor better government Whether
MfH^rcelcy or Mr. Davis were chosen to
y^linu1 i», its object was and is one that Demo
crats can Indorse r.nd help.
The Issue is not Ore-ley's record, hut
whether we shall have h-iiust and constitu-
ti'-ns^overnm- nt, represented now hy Grce-
l«y or corrupt and centralised tyranny repre
sented by Grant
This Is the light in which the question
•houl I lie viewed, and its settlement deter
mined.
In this view it is an Imperative duty to
support Greeley and give success to the
idea l»e represents, and all opporition to him
is practical aid to Grant and the despotism
lie typifies.
jkm OntruK«,
Tlie private hoses of the Post Office yes
terday morning were pouted hy the dial! ihu-
ti--n of a vile incendiary poster under the
frank of Congressman Whiicley. It is a
Kulical campaign document, containing m an
Indecent ent of Greeley gloating over South
ern miafortuncs. The saying on which the
{ ilcture is foumhd has been proven to have
irco written, not by Greeley, but by a Grant
editor. Tie* tlocnmem lias other sayings cal
culated to make h ite that Greeley never said.
Tit in same cut was published by Scruggs*
|xt,the Grant Atlanta Whig
Where falsehoods arc this delilierate’y
printed and circulated, and thb at the cost of
the people, under the authority of Congrra-
•imiM franks, it ilunanth »bc fullest expres-
|L «toi» MAaodctmnalon.
■'**' But when law- ia violated in lliia outrage,
J -it hnonmli a still more serious matter. The
law of the frank Is thus:
Fourth—Senators, Representatives find
Delegates in Congress, and the Secretary of
the Senate nnd Cicik of the He.use of Rrpre-
-scpl.iiiv***, l i c.iver 'li. ir i-»*rrirp«in«!cncc,Jiml
all pi Intel matter issued by authority of Con
gress and all speeches, proceedings and de-
nates hi Congress.
Congressman Wbitcloy has deliliirately
violated tlie law in franking such matter.
1 bo -*Ktr«ljcbi»**9
Onr state press is speaking out in kind yet
emphatic terms of the “straight” movement.
The Clayton Times well says:
They seem to overlook the fact that in
their opposition to Mr. Greeley they are only
assistfag the most infamous faction that ever
gained fontdiold in any civilized country in
riveting tighter the bands of tyranny and op
pression ii|N)ii a brave, patriotic and noble
ja-ojda
The Macon TeSegrapb thus speaks:
ley or Grant—that’s the alternative,
is, there can In- no middle ground, no
an, and tlic.-c nten^know it. Away,
xM
third person,
then, with such folly—such blundering un-
wisdom that i* as criminal ns it is stupid :
Says a correspondent in the Gainesville
Eagle:
There old veterans likening, Phil C*>r»k and
hundreds of others, are true and tried men.
They are not carpet-baggers or one-horse pol
iticians that would sell out to an enemy for
ufaM. They are all for Horace Greeley.
Tho officers of the Southern aruiy arc for
him. Tho private* tnUfoibnt.
Tho Talbotton Standard puts it well thus:
The proposed action of the **Straight-out
' Dcmoer***/’ can but tend to distract our
councils and throw fire brands into the ranks
of the staunch liberal anti progressive De
mocracy of State. What can their object
he? What good is to result from their dec
laration of a platform on which all the true
sons of Georgia are now standing?
S*y* tho Augusta Cmutitntionnlbt:
If tte Denincnt* no wilt it, ami *o declare
by thrir votes, Horace Orculcy will he the
next President hy an OTcrwlielminR majority.
But if a very consiilcrahlc numtirr of them
In each State vote for Urant. or refuse to vote
at all, or role for a tbinl ticket, tlie prutnbil-
iUra are that wc will have another four years
of the Military Mi~si ami Radical rule.
•• rilling «u« I bana."
That worthy quill-man, lirothrr ITcnly
Smith of tho Son, has an extrno dinary article
headed “Verily. Verily." It ia directed at
Tint Cohctttctkw. TTio way it scatters the
small shot is alarming. It is a most refresh
ing hotch-potch of ireonemous qnotations
fired la ponderous caps. The aim of the
article appears to he to convict us of unfair
ness in quotation, and the illustration chiefly
relied upon is that venomous expression of
Grant’s money Secretary Boutwell, ns fol-
losrs: “We are advised to clasp hands ae-oss
the Moody chasm made fay the war. I pro
test against this advice." Tlie omission of
the words, “the chasm must be first filled up,'
is the unfair thing, in our neighbor’s shocked
opinion.
Now, why onr confrere should take up
IJootweTTs venomous cause wc can’t exactly
understand. lie afterwards has dubious
about Boutwclt's tneiAvf of filling up
»m, but that only makes the more re-
hls touching championship of the
Injured Boutwell, the apostle of hate, and
the study advocate of continued sectional
b'tterncss and contention.
Tit again neighbor. “Verily !"
We quote the following frem a speech of
Carl Seiran and commend it 1-> onr confrere
- If it is necessary to fill the ld-iody chasm,
M Nr- Boutwell said, before peace can la re
stored, let us throw the Grant party into it.
[great applause.) with the thieves and tlir>-e
who have violated tlie constitution and the
laws, with those who have violated thin r of
ficial oaths and prostituted their office to per
sonal ends, with those who have held the
higbe-t offices in the government in order
to secure tlieir personal welfare. What ran
induce us to reject the hand extended ba
the Southern people? Should we not take
it and be glad? I Co not deny ,that there
bare hem Ku Klnx in tlie South within
the past five yean, but what is alleged of
them dost is not true. What was done' yean
ago Htould not be urged against them now.
The cry against them should cease If any
Eu Klux did exist, they would cease the mo
ment an honest government was given to tlie
South. The reasons the Grant men urge why
we should sustain the administration are
about these: Let corruption alone, it is of
no consequence; let ns reject these proffers of
the Sooth, they are not dictated by loyalty;
all we ask is that you give ns further control
of the government -, the country needs it."
UKCiHIOHM
or m
RiPRcnr. rov;ftt of cf.orgia.
Ddiefred in Atlanta, Tatxiay, A urpwt 20,1872
8. D. Arnold w. Tix? State*. Arnault ami
battery, fr«»m Houston.
WARNER, C. J.
The defendant wa? indicted for an assault
and battenr, and fin the trial of the case, the
jury found him guilty. A motion wia made
for a new trial, on the grounds of error »n
tlie charge of the Court, that the verdict whs
contrary To !*»w nnd the evidence, ami for
newly dWovi-rcd evidence. There was no
f*rror in tlie charge of the Tonrt to the jnrv
in view of the ? -eta as disclosed by the record.
The VfTtlict of tbf? jury was not contrary to
the law ami the evidence, l»ut strictly in ac-
o.rdance therewith. Ton newly discovered
evidence i.s im-rely of a n-gative character,
and would n-»t even pr*J/ah’y have changed
the r*?sult. Besidea, the defendant muet hive
known who were present at the the time of
the difficulty.or might have khov. n npon in
quiry, and if be bad used ordinary dilligence,
could have ascertained what they knew alioiit
•he transaction before the trial. Courts do
m*t favor ai»plicatif;ns f«»r n«-w trials oa tlie
ground of newly discovered ••vidence.
Let the judgment of tlie Court below be
nffiririefl.
Dumvin A Miller, for plaintiff in error.
E- W. Crocker, Solicitor General, pre-
sen ud by Fsjc, Hull & Poe, for the Slate.
aoti purchased the fifteen shares of stock i you. As you have taken the case out of my
from I'ope. tf> whom Cubbef^ge, Caldwell A I hands after I bad it secured, I shall expect
Oo., the original purchasers from Usuer, had compensation, of course, proportional to the
sold it It appeal * fnm tlie evidence in the I services rendered.” There is no evidence in
nx» d that Stixv was a b'/naftie purchaser j the record that the plaintiff secured any part
;nsln*»*es o'str?k for value, with- of the dtf
C. A. Nutting ct al. vs. Thomason and wife
< t >d. Equiiv, from Bib').
WARNk.lt C. J.
The complainants filed their bill against
the defendants to recover forty shares of
stock In the Southwestern Railroad Company,
which had been sold by the administruUT of
Wakf man at private Mile. On the. trial of
the case, fin it appears frum the evidence in
:!••■ record, it w«s proved that on the 2bth of
December, I8R.% Usher, the administrator of
NVakeman, eold uml transferred to Nutting
twenty-five alinrcs of the stock at private
sale; that or. the 21«l of March, 1805, Usher,
the administrator, sold and transferred to
Cub'tedgc, Caldwell A Co. fifteen shares of
the snick at private side, the transfer of the
stock in epeb ca*c being signed by Usher as
admiimtruror of Wakcinan. On the 21st of
March, Cllhl>f;dge f Caldwell A Co. solo
and transferred the fifteen shares purchased
by them to J. S. I* ipe, and on the 5ih day <*f
Scpieinlxr, IHIW, Pope sold amJ traosfcrrecl
die same fifteen shares to Jam-.-s Stinson.
The twenty-five shares of stock purchased
by Nutting was n«»t traced int*» the hnnds of
any particular person as tlie holder thereof,
but Nutting had long since disposed
»! it. The Court charged the jury
that the Supreme Court have de
nied that the sale of the stock by
Usher, was utterly null and void, and con
veyed no title to the purchasers. The Su
preme Court have also decided, that the com
pany is not responsible to the heirs, but that
the purchasers of the stock are. I charge
you. that if Nutting and Cubbedge A II izic-
burst purchased this stock from Usher at
private sale, they got no title, and are liable to
these complainants for tyo value of the stock
and the dividends they have receiver! on the
same. If Nutting and Cublx-thce & Ifazle
hurst bare disposed of this stock, and can
trace it into the hands of others, they will not
he liable, if they cannot trace it, they are
themselves still liabfoH' The jury found a
verdict against Nutting for the value of the
twenw five shares of suick purchase*! by him,
and tor tlie dividends received hy him
thereon, with intcrut «m said dividends from
1st March, 1803. The jury f.,uud a verdict
against Stinson for the value of tie* fifteen
shares of stick purchased hy him, which he
might discharge, by the delivery of the
suck purchased by him, with all divi
dends received thereon, and also found
against him $412 50 fur dividend* received
by him on the stock with interest on saul
dividends from the 15th July, 18*J8. The de
fendants made a motion for a new trial on
the grouml* of error in the charge of the
Court to the jury, and for refusing to
charge as requested as set forth in
the record and liecause the,verdict wii3 con
trary to law and evidence which motion %vas
overruled and the defendants excepted. In
vieMtof the facts of this case, as disclosed in
the record, we think the charge of the Court
to the jury was error especially in regard to
the liability of titinsou, who appears to havfc
!teen a Inna Juio purchaser for valuo of fif
teen shares of stock from I’ope without
notice of the fraud ia the sale of tlie sunk
by Uah or, the administrator, to Culbedg**,
Caldwell A Co. When this case was before
the C« art at a former terra on a demurrer to
the complainant’s bill, this Court decided that
the complainants li.ui the right to maintain
their suit against the defen ante upon the al
legations made in their bill, that the sale of
the sUick made by the administrator should
have licen mode under the law at public sale,
that the railroad company was not liable for
allowing the transfer of the stock to lie made
by the administrator of Wukcinati on the
luniks of the company, that in view
view of the facts of the rase
case, the company should be mule a party
and also that tlie holders of the stock should
lie made parties when discovered. This
Court did not decide, and could not have de
cidetl, that tho sale of the stock by Usher
was utterly null and void and conveyed no
title nqiecully as to l»»m file pur
chasers who Merc not then be
fore the Court and there is nothing
the reported judgment of this
Court to authorize such n conclusion. (*hx:
8. W. K. Couqianv vs. Tbomasson, 40th Ga.
Rep., 408. I lie 2514th section of the Code
declares that all sales by administrators (ex
cept of annual crops sent off to market and
of vacant lands) shall l»e at pnblic outcry be
tween the hours of 10 o’clock A. 31., and 4
o’clock 1*. M., but this section of the Code
of the (if en
ont notice of the frard in tlie sale thereof
iietw. en Usher, the administrator, and Cnl>*
licdge, Cnldwell A Co., and as r ich bona file
pnrehas'* is entitle*, to be protected in his
title thereto, and the Court should have so
instructed tlie jnry in its charge upon that
question made in tlie case. In the absence of
any frand or coffnsion on the part of the
company, tho mere transfer of the stock on
the books thereof liy the direction of the ad
ministrator to the purchaser of the stock,
will not make the company liable as a gu jt-
antor or warrantor of the vendor’s title to
the stock. The purchaser of the stock most
look to him from whom he purchased it.—
(>*ntral Railroad and Banking Company vs.
Ward ct al.,37lh C t. K**p. 53 s . Ih our judg
ment the (j.mrt bel -w should have gr^uifcd
a new trial for error in the charge of the
Court to the jury, and on the ground that the
verdict was contrary to the law ami the evi
dence so'far as tlie defendant, Stinson, is
concerned.
Let the judgment of the Court below be
reversed and a new trial granted.
Nisbett A Jackson, A. U. Bacon, for plain
tiffs in error.
Whittle A Gustin, Lyon A Trwin, W. Iv
deGraffenreid, B. A W. B. Hill, Jackson
Lawton A Bussinger, f.»r defendants.
by this Court lieforw the adoption of tlie'Codc,
in relation to administrator’s sales of lana
and ncgriK** went upon the ground that there
most be a judgment of the Court of Ordi
nary granting leave to sell that specific kind
of property before the title could lie divest
ed. There was no order of the Ordinary re
quired under the provisions of the Ohio for
leave to sell this stock by the administrator,
but he was required to sell it at publ c sale.
Now v the question is, if the administrator cf
the estate docs collude with the purchaser of
the stock, and sells it to him at private sale,
and such purchaser of the stock at private
sale afterwards sells it to a b>n.i file purchaser
for value,- without notice that it was pur
chased of the administrator at private sale in
fraud of the rights of tbc parties interested
therein, will such b*na file purchaser
of the stock be protected *m a Court of
equity? This is an important question to
the purchasers of stock in railroad compa
nies. It was said on the argument of this
case that the bona file purchaser of the stock
stood in no better condition than the borut
fide purchaser of stolen property; that inas
much as the thief had no title to the property
stolen, ihttse who purchased it from him or
derived title under or through him, acquired
no better title thin he had, and he having
none, the bona file purchaser would acquire
none. The thief who steals the property of
another has no .right or claim to it, either
under color of title or otherwise. Is that a
parallel case to the one made in the record
now before us ? There can be no dispute
that the legd title to this stock was in Ushtr
the ad ministration of Wakeman. It istrnctha
he held the legal title tc the stock in trust for
the benefit of ih<? heirs and creditors of his
intestate. Code 2447. In violation of his
tluty as such trustee, he convoyed the legal
title to the purchasers at a private sale of the
stock in fraud of the law which required
him to sell it at public sale,and ir. fraud of th«
legal rights of his cestui que truest* that it
should be so sold, an t as ootween him and
the pnrciiasher. the sale was not alis*vu»ely
void, but voidable at the election of the parties
interested in that sale, in the same manner
as a private sale of land hy an administrator
under an obligation to perfect the title by
legal formality.—Code 2 >25. As between
the original parties to -the sale and purchase
of this*stock, it was optimal with the com
plainants whether they would ratify it or set
i aside on account of the fraud in the sit** of
*i, as between the administrator and the pur
chasers thereof from him. The purchasers
from the administrator of the stock, under
the facts disclosed in this record, were not
innocent purchasers without notice. The
W. A. Cherry vs. Milo 8. Freeman et al.
Equity, from Ilibh.
McCAY. J.
Under the provisions of the Revised C*nle,
Sec. 2.7 IS, 2,739 and 2,123, accommodation
indorsers were of a negotiable seemly, payable
at a chartered bank, are considered as securi-
Ues merely, and if one pays off the debt he
can comjicl tlie others to contribute.
Affirmed
J**mison A Nisbet, for plaintiff in error.
Lanier A Anderson, for defendants.
J. D. Gilbert vs. James Dent. Assumpsit,
from Bibb.
McCAY, J.
When a .suit was brought on a promissory
note, signed by one claiming to lie the agent
of the defendant, and there was some evidence
that tho defendant had accepted knowing! v
the consideration, for which the note was
given.
IIkld, That it was error in the Court to
rule out tire note as evidei.ee. The case
should have been submitted to the jury under
I he charge of the Gout, as the effect of the
defendant*’net, should they believe be had
accepted knowingly ihe considers lion for
which the noie was given.
Judgment reversed.
Lyon A Irwin, for plaintiff in cn
Lanier A Anderson, for defendant
G. R. Roller* s, survivor, vs. Mary M. Ilnb-
bard et al., administrators of W. B. Oliver.
Foreclose of Mortgage, from Bibb.
McCAY, J.
Where rule a ni. si. to foreclos * a mor'gnge,
alleged that the mortgage was executed by a
partnership to a parcel of land and that the
proceedings were Against one ns surviving
partner, the other licing dead, and tlie sur
viving partner filed a plea, setting forth that
the land included in the mortgage was not
partnership property, though owned by the
partners as tenants ia common, and the plea
waa demurred to and the demurrer sustained.
Held, that as there was no denial that ilic
mortgage to the property was made by the
partners, as such, and as, if this were so, it
would estop the parties from denying title
in the partnership the plea was properly
ovcrrulc<L|
Judgment affirmed.
A. O. Bacon, for plaintiffs in error.
Poe, Hall A Poe, for defendants.
C. C. Duncan, administrator, ct al. V3. Sallie
P*>p?. Equity, from Bibb.
MONTGOMERY, J.
1. A bastard, acknowledged and supported
by its father in liis life time, cannot (in the
absence of any contract for its Hiqqiort by
the father) by suit against his administrator,
compel him, under section 1789 of the Code,
to furnish maintenance out of the estate of
his intestate to such bastard during his
minority, even though the father may have
stated that he intended the child should be
bo supported ont o» his estate after ids death.
2. If tlie heirs of the father make a deed to
the bastard of their interest in realty, held by
the father :n his life time as tenant in com
mon with another, the bastard takes such in
lercst as the heirs held at tho date of the deed,
and is entitled to a partition as lietwccn him
self and the other tenant in common.
3. A promise by the administrator to se
cure the whole of the land so held in com
mon to the bastard is beyond his authority,
and docs not bind the estate.
4. A grantor cannot deliver a deed to the
grantee or his attorney as an escrow. Such
a delivery would be equivalent to adding a
parol condition to the instrument. To make
the deed an escrow i* should lie delivered to
a third person to Ur hy him delivered to the
grantee upon the performance of any required
condition.
3. No exceptions can be heard in this
Court that were not made in the Court below,
even where the record shows that such ex
•ntions might have U***n there made, had
the plaintiff in error chosen to do so.
Judgment affirmed, with instructions.
U. F. Lyon, E F. Best, for p’aintiffs in
error.
A. O. Bacon, T. J. Simmons, for defendant.
W. L. Carr, Executor, vs. David II. Houser,
Equ.ty, from Houston.
MONTGOMERY, J.
A purchase by a receiver, as agent of
another, of property sold at his own sale,
made under order of court, is voidable at
the election of a jnuty having a beneficial in
terest in the property, and when sneli elec
tion is 'promptly made, the sale will be set
aside.
Judgment reversed.
Warren A Grice, for plaintiff in error.
Duncan A Miller, R. W. J unison, for de
fendant.
W. B. Parker vs. Samuel D. Irwin. Assumj*-
sit, from- Bibb.
3IONTGOMERY, J.
1. To avail himself of the statute ot limi-
itations the defendant must plead it.
2. There being evidence to sustain the ver
dict in this case, a new trial will not be
granted on the ground that the evidence is
contrary to evidence.
Judgment affirmed.
L. E. Bleckley, for plaintiff in error.
B. A W. 15. Hill, for defendant.
McCay, J., concurred, but furnished no
written opinion.
WARN PR, C. J., dissenting.
This was an action brought by tlie plain
tiff, as an attorney at law.agaiast the defend
ants to recover an account of $fi90 0» fur
professional seviees alleged to have been ren
dered the defendant in collecting a?i iu-o’wut
claim on one Scott for $l,80d. On the trial
the jury found a verdict for the plaintiff for
the sura of two hundred and fifty dollars
with interest from the commencement of suit,
exclusive of the one hundred dollars which
the plaintiff had previously received from
the defendant, making the sum of $350 00
for the services rendered in the case. The
defendant moved for a new trial on the
groand that the verdict was contrary to law,
and the evidence, and because the plaintiff’s
account was barred by the statute of limita
tions which motion was overruled by the
Court and the defendant excepted. It
pears from the evidence of the plaintiff, that
the defendant placed in bi3 hands an execu
tion in his favor, against Scott, for about the
sum of $1,800 for collection, in the month of
June, 186*5; that he learned from sources of
information accessible only to himself, that
Scott had a contract with the Southwestern
Railroad to cut stringers, by which
he was realizing a large sum per month, ami
that by g&rn:>heeing the railroad company,
he conld enforce the collection of the fi. f.c;
that he s :-’d out a summons of garnishment
against the railroad company in terms of the
law. but vihieh does n »t appear to have been
served upon the railroad company. There is
no positive evidence in the record that the
plaintiff notified ticott that he had sued out
GliOKGIA LKtilSyvrUttE
SENATE.
debt which remained due after the
collection of the $i>00, t.ut on the contmr)',
the evidence is that Packer •ccureu i\ The! House* V * * V
plaintiff introduced as witnesses W. p.*» j it n -p t
E*q., J. M. Nisbet, E*q. t Richard K. Hines,
E«q., Richard Hobbs, Esq., and W. E fchiii'ji.
Esq., attorneys at law. .Mr. Poe testified ih>»v,
umier the circumstances, he would consider
$300 a reasonable fee for securing the claim.
Mr. Nisbet testified that, under the circum
stances, he would consider 20 per cent. :i reas-
able fee; that in cases of great difficulty,
when the defendant was insolvent, it was
customary to charge a higher per cent The
testimony of the other witnesses is sulistan-
Tcesd vy, A. ^ist 20,1872.
Senate called to order by esident Tram
mell.
Prayer hy Rev. Emnmttj Heidt, of the
Simmons mol
the action cn the bill to iua
con, Monticello and Atlmtj
panv, supi>orting the motio
and able effort
Hon. George Hillycr rppj
to reconsitler.
Hon. Enoch Stead man
eration in his practu^il,-c<
The motion was lost byj
Non. J. It Brown moved \
„ - . , , . - , n on the resolution rel’ittvc to ex-G*.,.
tully the same as to the value of the services; ^h -rlvs J. Jenkins, in order Ural it might be
un..er the circumstancii*-—that is to say, the j passed in Accordance with mfe constitution,
securing and collection of tlie ful* amount xii 0 motion prevailed a
of the debt for the benefit of the plaintiff taken np and passed by th'
by the attorney, out of an insolvent
debtor. The plaintiff in this case seek
to recover from the defendant f«?r pro
fessional services actually rendered in tin
collection of an insolvent claim, and there
being no special contract, he can recover
nothing more. (Code 441.) The funda
mental error on the trial is in the assumption
that an attorney at law is entitled to recover
from his client for his professional service.
*n proportion as his client has licen benefit
ed hy his services, instead of what the ser
vices actually rendered were worth, es|>ocial-
ly when the evidence shows that only one-
third «if the debt was collected by the plain
tiff. The money due on tlie fl. fa. was the
property of Parker, the defendant, and his
attorney, who was employed by him to col
lect it, had no legal right or claim to it. The
attorney was entitled to bo paid for the ser
vices actually rendered iiis client, whether
the money due on the fi. fa. had been col
lected or not. An attorney is entitled to re
cover from his client (in the absence of any
special contract) for the professional services
actually rendered, whether the client is suc
cessful In his suit or not. The section of
the Code b fore cited declares “ where no
j*ccial contract is made the attorney
may recover for the services actually
rendered.” In this case there was no
special contra* t for the collection of the fi. fa.
When it was placed in the nttomeys’s hands
for collection, he was legally bound to exer
cise all his professional skill and knowledge
to produce that rcsul;t that was the object for
which he was employed, and if hebuu failed
to do so, he would have been derelict in the
discharge of his professional duty. In the
absence of any special contract to the con
trary, Parker, the client, had the cleu* legal
right to control his own debt, and to have
made the settlement with Scott, if in his
judgment it was for his interest to do so;
and Mr. Irwin, in his letter of the 221 De
cember, clearly recognized that right. What
services were actually rendered by Mr. Irwiu
in this case? He sue l out a summons of
garnishment against the South western Rail
road Company which was never served, ob
tained Scott’s promise to pay Parker’s debt
in three installments, one of which only he
collected, to wit: $600 CO, and paid the same
to Parker less $ 00 00, which he retained,
wrote several letters to Parker about the
claim, and that is all, so far as the record dis
closes. There is no evidence in the record
what those services actually rendered, were
worth. The attorneys who testified in the
case stated, that under the circumstances they
would consider $300 00, or twenty per
cent. . a reasonable fee. What were
the circumstances on which they founded
their opinions. Tne main circumstances ap
pear to have licen, that ttcott was insolvent,
and Parker got his money, two-thirds of
which he collected himself, under the ar
rangement he made with Scott, for its pay
ment. This testimony does not prove what
tlie services actually rendered by the plaintiff
were worth, as the law requires. The opin
ion of the attorneys who testified in tlie case
was evidently based en the as-umption, that
the plaintiff secured and collected the whole
debt, whereas, the evidence in the record
clearly shows, that he only secured and col
lected one-third part of it. Parker himself
haying secured and collected the other two-
thirds. If Mr. Irwin had made a speucal
contract with Parker to collect the fi fa for
twenty per cent, on the amount, or for any
other specific sum, and Parker had interfered
and settled the same with Scott, without his
knowledge and consent, then, Mr. Irwin, as
his attorney, could have required him to pay
the amount lie agreed to pay* in other words,
Parker could not defeat Lis right under his
special contract, by a settlement of the claim,
bat there was no special contract, and the
plaintiff can only recover by law, for the ser
vices actually rendered. In my judgment
the verdict rendered l»y the jury in this case
is contrary both to the law and the evidence.
Under the law, the plaintiff was only en
titled to recover for the services actually ren
dered, and the evidence does not show what
the services actually rendered in the case by
the plaintiff, were worth.
The law has wisely declared the rule in all
cases where no special contract i.s made be
tween attorney aud client, and the Courts
should enforce it. Tlie object of the law was
to prevent the introduction of just such
hypothetical anil speculative testimony, in
relation to a'to.-ney’s fees, as w:is introduced
on the trial of this case, and to confine the
investigation to the services actually render
ed by the attorney.^ The statute of limita
tions was not plead in tiie Court below, and,
therefore, could not properly lie considered
hy the Court In view of the fads contained
in the record and of the law applicable
thereto, I am of the opinion that the judg
ment of the Court below should be reversed
and a new trial granted.
Southwestern Railroad Company vs. Win.
W. Chapman, guard.&n. Compl. in £ from
Bibb.
MONTGOMERY, J.
A defendant in a suit nt. common law can
not, by plea, set up an equiubb- defense and
obtain a decree in his favor, whe.e a Court
of Chancery would refuse it, on a bid filed'
by him for the purpose for wunt of proper,
parties. Hence, if a guardian sue a corpora
tion for dividends lielouging to his ward, the
onipiny cannot, by an eqitablc plea, avail
themselves as a defense of the fact that they
p*id the dividends to one not authorize*! t*
received them,and that the money was^a.-piied
to the support of the waid by the person
receiving it; that person not being a party
“o the suit.
Judgment affirmed.
\Y. K. deGraffenried, Lyon A Irwin, for
plaintiff in error.
Poe, Ilall A Poe, for defendant
WARN KR, C. J., concurring.
The 1794th section of the Code declares
that the natural guardian cannot demand or
receive the property of the child, until a
guardian’s bond is filed and accepted bv tiie
Court of Ordinary of the county, and this
applies as well to the income of the property
as to the corpus thereof. It is the declared
public polity of the State for the protection
of the rights of minor children, and is as im
perative and binding in Courts of equity, as
ia Couits of law. Equity follows the law in
such cases, and cannot override and control
it; that is to say, a Court of equity is as
much bound by the provisions of a positive
statute, as a Conn o* law
Hon. John ft. Hancock.
the summons of garnishment, but it is a fa
presumption, from the facts disclosed there
in, that he did so notify him. Scott pr*>-
Parker.
of
the 25U»
they thought proper u» trust to Usher, l * MoIht, 1866, the plaintiff collected from
their agent to make the transfer, and bring! fcv*>;t $**<*.», of which was paid over to
certificates of the transfer of the stock to} mised the plaintiff, as the attorney
lucm on thebooksof the company was signed 11 * settle his claim in three payiu* r
bv Usher, as tlie administrator of Wakeman, $*»•*> each, ami one for $v*7. On
and if they thought proper to trust to Usher,' * M\dHr, 1866, the plaintiff codec 1
If the original purchasers of this stock pur
chased it frem the administrator at private
sale, with actuaUcnowledge that it was the
property of his intestate, or under such cir
cumstances as the law will charge them with
notice, an! have cither appro^n*ted it to
their own use, or sold it to others, then they
arc liable to the complainants for a conteni-Sn
of it, such purchase being a fraud upon their
rights.
A title obtained by fraud, though voidable
in the vendee, will be protected in a botui fid;
purchaser without notice—Code 2598. Stin-
meut writ him for the balance uue on the
f l. Ss o?* giving him his two drafts on the
S. \Y. R R. Company, payable 25th J mnaxy.
aud 25'.jl rebruary next thereafter, and
iiss'.rueud Mr. Irwin, ;*.s liu> attorney,
to suspend all fur her proceedings
in the mailer, unless a.;v >ed differently
hereafter. After die receipt of this* letter,
Mr. Irwin, on the 22 l December, 18 *0, wrote
to tlie defendant, Parker, “that he had a
right to do with his own as he pleased, and
Editors Constitution: In the G neral As
sembly of Georgia, there is a class of good
and true men, who, though they do not mak"
much noise in that body, serve as a sort of
balance wheel and keep the machinery of the
State Legislature within proper and manage
able bounds. Conspicuous among these, is
the gentleman whose name bend* this article,
Hon. John R. Hancock, of Jackson comity.
He is somewhat pa-t the meridian of lif**, but
is well preserved and still in possession of his
mental faculties, undimmed by excesses of
any kind. He is always at his post in the
House, and ready to Vote as Ins superior
g*xnl sense »n*l judgment may dictate as t*i-
ing just and liyiit. Well may his constitu
ents be proud of such a Representative—not
on acccount of his oratorical display on
the floor, for he is not distinguisbetl for
that, and it is well for the interests *>!
the c-mv.ry, that there is such a soli l
mass of £<V*1 sense and practical worth m
the House, * omp tsed of members not dis-
t uguished for ilieir “much speaking;” f r
speaking consumes time, and “rime is
money,” as well in Legislative Assemblies as j
in the ordinary transactions of bfe.
class Mr. Hancock belongs, and he
its most solid members. When
voting, however, or to the oxerci.-eof s«.i»t:«
judgment, unswerving homv.y and true de
v*»ti*»ntothe interests of the peop c, Mr
Hancock has few peers and no sup ri«*r. H<
is not only a true Democrat, !**i a man o
true Christian piety, and a public exemplar o
a ! th***e qualit.es which s«# highly adorn tit
* • uaraeUTof a good citizen. .Tnek?*on county t
; is tounucate to have such a R»*:»r-s*ntative. 1 f :U -
On-ERvgR. a «
pendment to
I to prac-
l of cotton
(Senator
Yeas—Bl**ck, Burns, Oandl
Orffiln, Hear.I, fl:c'is. Hilly*
Jervis, Jones, Jordan, Kirklt
ter, Mathews. McWhorter,
nally, Park, Peddy, Reese, Sigimons, Stead
man, Styles—27. "
Nays—Anderson, Brock,.Cwupbell, Clark,
Col man, Crayton, Wallace—7^
Not voting—10.
Bills on third reading. je
To require liens to be recorded within
sixty days. Lost.
Nays 9, Yeas 33.
To relieve tlie securities of Henry A. Hist,
Tax Collector of Clay county.* Passed.
To prc-scrilie the manucr of-incorporating
towns and villages.
Senator Hinton moved fo indefinitely post-
i oue. L;»st.
Senator Hinton moved to strifes out towns
of 100, and insert towns of o.Ojw inhabitants.
Lost.
Senator Candler opposed tlw passage of
the bill. .
Senator Hillyer favored its passage.
Senator Conley oiTercd au gfiditional sec
tion providing that no city, t«
shall create any debt, bevont
penses, except after an electii
majority vole for it. Agreed
Senator Burns offered an
Senator Conley’s amendment, lhat the vote
be hy the property holders, bilt afterwards
withdrew it. lie stated that w favored the
amendment, but yielded in deference to the
desire of Senators.
The bill was passed by the following vote:
Yeas—Black, Brock, BrdwnJBurus, Cam
eron. Campbell, Cone, Conley, 6ravton, Grif
fin, Heard. Hicks, Hillyer, Jervp, Jones, Jor
dan, Kibhee, Mathews, McW hq£er, NicUolls,
Nunn ally. Park, Reese, Simmons, Smith,
Stead man. Styles—27.
Nays—AuJerson, Bruton, Candler, Clark,
Devaux, hrwin, Hinton, Kirkland, Lester,
Peddy, Wallace, Wellborn—12.1
To provide for the issuing of^bonds hy the
Oakley Mills Manufacturing Company, of
Cobb count}'. Passed. l
To incorporate the Griffin mid Columbus
Railroad Company. Passed. ...
To authorize tiie union and consolidation
of the Macon and Western and^Qkintral Rail
roads Tabled for the present
To amliorize It J. Youngk
tice medicine Tabled.
To encourage the manufac'
and woollen fabrics in this SI
Stead matfs pet measure.)
Senator Burns opposed the bill, and offered
an amendment exempting thftyjroperty of
actual settlers of unimproved land. Lost
Senator.-* Hillyer uud ilalhews!favored the
passage of the bill.
Senator Steadman nvnle a close, logical,
statistical and able speech in snbport of the
bill. His time was extended, which was a
Compliment to him.
The bill was passed by the billowing vote:
Yens—Anderson, Brown, Briton, Camp-
Ixill, Cameron, Clark, Col man. Crayton, D>
vaux, Erwin, Griffin, Hicks, ifBlyer, Jervis,
Jones, Jordan, Kirk and, Mai hews, McWhor
ter, N unnally, Reese, Simmon?, Smith, Stead
man, Weill* *ra—25.
Nays—Black, Brock, Burns, Candler, Cone,
H ard, Hinton, Hoyl, Kibbce, Lester, Nick-
oils, Park, Peddy—13.
Bill re! Ring to stick and fr.iioc law.
AmutuhnenU of Senators Keua* aud Brown
agreed to and bill pn-sed.
To provide for change of venue in crimi
nal ca.-es. Ji«,st.
To provide against the evi!3 arising fr*»m
the sale of intoxicating liquors. JiLost
To authorize ilie Town Barnes-
vffic to issue bctndsr~ Passed;^ ** *
House bill on tlifrd reading.
To inconiorate the Air Line and Rabun i
Gap Railroad Company. Passed.
The rules were suspended nn*l the resolu
tions relative to the non-payment of H. G.
Cole’s claim for $15,000 concurred in.
Hon. J. U. Brown asked a suspension of
the rules to offer the following:
Whereas, l>y section 80 of the Code of
this State, the Treasurer of (his State is ex
pressly prohibited from using the funds of
this State under any circumstances; and,
Whereas* About the year 1869, the Uov-
nor of this State ordered certain suits to be
brought agusnst N. L. Angler, Slate Tr* ;t;
ur*;r, to collect certain penalties provided for
by law against Treasurers who use the funds
•f the Suite; and.
Whereas, After the bringing of said suits,
he said Treasurer continued to deposit the
funds belonging to the Suite in certain batikr
under a contract by which he was to receive
a certain per cent, of interest thereon, wliift
leposits continued to run at interest till tin*
interest in the aggregate amounted to $7,415
26, which sum the said Treasurer collected
aud paid into the Treasury; and,
Whereas, At the session of the General
Assembly held in 1871. resolutions were pass
ed ordering said suits for penalties dismissed,
and
Whereas, Some time after the adoption of
ill resolutions, the Goverr or drew liis war
mnt in favor of N. L. Altaic* for the sum of
$7,415 26, being the amount of the interest
on deposits which bad been collected by the
Treasurer and paid in as aforesaid, which
warrant was paid to the said N. L. Angicr;
and
Whereas, The passage of said resolution,
dismissing said suits, did not repeal the law
which makes the interest on deposits the
property of the State, and, ^therefore, said
warrant w»3 illegally paid mid the money
paid thereon, of right, ought to bo returned
to the Treasury.
Therefore resolved by the General Assem
bly, That his Excellency the Governor be and
he is hereby instructed to demand of tlie said
N. L. Angler that said sum of $7,415 20 l><
returned to the Treasury, and on failure of
the said Angler to return the sai i sum to the
Treasury, that the Governor order suit to be
brought against him for tho same, or such
other proceedings as may be necessary to se
cure the return of said sum to the Treasury.
On the motion to suspend the rules the
vote stood:
Yens—Anderson, Black, Brock, Brown.
Campbell, Ciark, Colraan. Conley, Crayton,
Devaux, Griffin, Hoyl, Jervis, Jones. Jordan,
Kirkland, Mathews, McWhorter, NicUolls,
Nunnally, Peddy, Smith, Wallace Wellborn
—24.
Nays—Bum3, Cameron, Cone, Heard,
Hicks, Hillyer, Hinton, Kibbce, Lester, Park,
Reese, Simmons, Steadman, Styles—14
There not being a two-thirds vote the rules
were not suspended.
On motion of Senator Kibbce the Senate
adjourned until 34 o’clock.
Mr. Bacon was opposed to thqbill. These
were State prosecutions, ard every county
should bear her burdens. Fulton county had
grown rich by the capital being located here,
and though she had not participied in the
frauds, at the same lime she had been bene-
fitted by them, for all the criminals had spent
their money here.
Mr. Bryan, of Ilenry. said lids was an ex-
kUV jn.or trsordinary cask?. These pros* cu:iu:i9 were
ilroad Coin-' xns, ^ e special act of the Legislature, aud
an eloquent ■ Foil™ county shoultl be reimbursed.
j Mr. Glenn said that Fulton county was
the motion ! responsible for Bullock’s election, and for
‘ 1 coming of the horde of thieves dial followed
OirlJie contra* v, she had given Gordon
jot i iv. The prosecutions were specially
ordereil l»y the Mate, and he thought the
State at large ought to Shore the expense.
Mr. Bush thought it was unfortunate lhat
p ullon county we.s so situated, hut being
situated she should be ready to bear the con-
Mr. Hoge said Fulton county was not be
fore the Lcgidatuni lugging tor donations.
He considered the bill highly meritorious.
No right, property, or person had been vio
lated. The Treasury of tlie Sv»ite had Imhui
robbed; the whole State bad bwn defrauded,
and for that reason, Fulton county *
ijorne all the expenses of said prose
cutions, should bo reimbursed Ui
some extent. The county hail already in
currcil an expense of over $10,009 in convict
ing a single criminal, H. O. Hoyt, hut it was
her determination to proceed with these
prosecutions until the last thief was con
victed, whether tiie State granted nid or not.
Mr. Gknri cff-i.-d a R’llMtitute pr*»viding
that the j iii fe<s wititess tees, ete., incurred
bv such prosecutions tie paid out of the State
Treasury upon tl.e bills for the s&tdc being
bnulcout by the Clerk of the Superior Court
and approved by-the Circuit Judge.
Mr. Pierce said these prosecutions were not
the prosecution i <if the people of Fulton
county. The people of Fuiion county Ua«l
commenced the prosecutions nn«1 the Legisla
ture had interfered, taken them in her own
hands, r.nd having done that, it should t ithes
pay for her own prosecutions or else abandon
them altogether.
The ques’ion was then put and the bill was
lost.
A FLANK MOVEMENT ON FINANCIAL SIIAKr-
EKS
Mr. Scott introduced, tli? following bill,
which was read the first time:
Be it enacted, That so soon ns Ibis act
shall have been passed by two-tliiids of two
successive Legislatures, and shall have been
fin ily ratitie<l upon, by a submission to the
qualified voters of the State, in the manner
provided by the Constitution; nml that the
Constitution of this State be amended so as
to add the following, clause 4th, sec. 5,3 art.
of the same, to wit:
Tlie General Assembly shall have no pow
er to recognize ns legal, or make provis on by
1-iw for the payment of the illegal and fraud
ulent endorsement of the bonds of various
railroad companies and other bonds men
tioned in the several nets of the Legislature,
passed ut the July and August s* s3ion of
1872, declaring the State’s non-liability upon
the same.
See. 11. After this net shall have been
passed by twc-thlrJs, !>y succc-sive Legisla-
‘ ures, a.t J»y t he Const itntion provided, it r.hall
be the duty of the Governor, by* his official
proclamation, to ma c provision for submit
ting Ihe amend in :ut to the qualified voters of
this .State ffir fia.l roification or rejection at
the next genera: electionoccurriu r more than
sixty days after passing l»y two-thirds the
second time as aforesaid.
HO‘Ji>E.
sting in the
House met. Speaker Ci
Chair
Pzayer l»7 Rev. Mr. Heidt.
RECONSTDi; HATTONS.
Mr. Moreland m-»ved to ri-considcr the
action of the House yesterday in doteating
a bill to prohibit persons from fishing in mill
ponds in Meriwether county without the
permission of the owner.
Glower (col.) offered tue following amend
ment:
Provided, That the provisions of this bill
shall not apply to the p rsou-s tishiag with a
pin-ltook and grubworm Imte.
On motion of Mr. Pi. rc-. the motion to re
consider was laid on l*:f* table.
31 r. Mot eland moved :•» reconsider th«
action of tlie House yesterday in ilefealirs
AGUICULTUItAL LAND SCTtIP.
The House bill to cstaMirdi colleges of
agricttUure nud the mechanic arts was taken
up. It provides for the division of the col
lege land scrip fund.
A Senate bill having tho same title was of
fered as a substitute.
Mr. Bryan, of Ilenry, moved the indefinite
postponement of the whole mutter. He w is
opposed lo any division of this fund, except
that one fv.irth of Ihe interest should he ap
plied to the Atlanta colored university, hy tl c
trusters of the University* of Georgia, auu
off Tod n resolution to that effect.
Mr. Bacon said if this laud scrip was divi
ded, there was r.o section of the r’tateso much
entitled t«> a portion of ;t us Mdlcdgeville.
She had been wronged out o“ Ihe Capital.
She had the necessary’ouil.dt.gs and all the
advanuuts of soil, climate :m«l central loca
tion. Mr. Bacon m ule an f :ir:i -st appeal
that Milledgcville should receive a portion of
tiie laud scrip in-tead of Dahiomga. It was
understood Unit Dahl.in .’ga and Milledgeviilc
wl-tu a’fiies, b;r. now Dahlonega was -raiyed
against Millcdgeville
M r. Scott said t> ere was a proposition before
C'n’tgri'ss to d-rnate more to this purpose. He
tiiought it h -st that there should l»e only one
College of .\gri; ultn:c in the State, r.nd that
the donation of the fund to Athens was the ;
best disposition that could have been made
of it. ^ Yet he was willing for Duhloncga to
have $1,560 per year, and tlie Atlanta Univer
sity one quarter of th3 annual in crest, ail to
he under tho management of the Trustees of
the University of Georgia,and lo be disbursed
under their direction.
Mr. Griffin, of lion-'ton thought that some
of lilts fund Ollgbi . !»*’;*:%• . *1 Milledge-
vilie. It was proposed to don.ite all of it to
Atlanta and places north ol‘ Atlanta. This
was not iq"liable. Milledgcville had the
buildings and land and ought to have some of
this fund.
Mr. Phillips said at the proper time' he
would introduce a substitute providing for
the establishment of an Agricultural College
in tho public buildings at Milledgcville, and
give it-two-thirds of tlie income of the lan 1
scrip; did not think this fun*l ought to he
scattered; was opposed to Athens because
the Agricultural and Literary Co! a ges would
not work well together. The Suite had
buildings in Milledgcville that could not
profitably be used in any other wny.
Mr. McWhorter moved to lay the House
hill ou tlie tabic. The motion prevailed and
the Senate bill being a pending amendment
in Ihe nature of a substitute also, was laid oil
•he table.
Mr. Bryan moved to suspend the rules to
take up ids resolution. Lost.
Messrs Nutting and Johnson, of Spauld
ing, were allowed to enter their protest
against the b 11 granting State aid to the At-
lintic nnd Gulf Railroad.
Mr Johnson of Spalding, offered a resolu
tion that a majority shall suspend the rules.
Laid on the table.
Leaves of absence were granted to Mr.
Chastain, after Wednesday next, and to Mr.
Davenport, after Thursday next, for the bal
ance of the session.
Recessed till 3 o’cl'X'k P. M.
Campbell, Clark, Crayton, Devcnux, Erwin,
Griffin. Hicks, Hinton, Hoyl, Jordan, Kirk
land, Kibbce, McWhorter, Park, Simmons,
Smith, Styles, Wal ace—22.
Nays—Brock, Brown, Burns, Ckdman, 1
Heard, Hillyer, Jervis, Jones, Lester,
Mathews, Nun nally, Peddy, Reese, Stead
man.—14.
House bills on third reading.
To change tie* lines between the counties
of Irwin and Wilcox. Passed.
To incorporate Jefferson. Passed. * ‘
To incorporate the Georgia Reliable Insur
ance Company of Atlanta. Passed.
w To fix the official bond of the county
officers of Lincoln county. Passed.
To authorize tlie Board of Commissioners
of Lowndes county to issue bonds Passed.
To vest the title of the Maikethousclotin
Valdosta iti Mayor and Council. Passed.
To incorporate Clinton. Passed.
To change the lines between the counties
of Madison and Jackson.
Senator Erwin offered an amendment re
pealing act changing lines between Haber-
sham and White counties. Agreed to and
b ll passed.
To incorporate Wooten. Passed.
To amend road laws, so far as they apply
lo Alii ton county. Passed.
To incorporate the Sandcrsvillc Branch
Railroad Company. Passed.
To change the time of holding Muscogee
Superior Court. Passed.
To change the lines between the counties
of Monroe and Pike. Passed.
To legalise the issue of bonds by-the Mayor
and Council of Rome, in 1871. Passed.
To legalise the terms of the Superior Court
of Iirtbun county. Passed.
To change the time of holding Rabun Su
perior Court. Passed.
To amend an act incorporating the Fort
Valiev High School, and Kepzibak High
School. Passed.
To amend an act incorporating Hcpzibalr.
Passed.
To amend an act incorjlbrating the Savings
Bank of Augusta. Passed.
To re quire the voters of Cuthbcrt to regis
ter. Passed.
To regulate the manner of giving bond in
claim cases. Passed.
To amend the Garnishment laws.
Passed.
To increase the pay of jurors in Talbot
county. Lost.
To repeal an act changing the time of
holding the Taliaferro Superior Court In
definitely postponed.
To i. corporate the Griswoldville and Jef-
fe.'sonvillc Railroad Company. Passed.
To amend an act incorporating Van Wert.
Passed.
To fix the pay of jurors and bailiffs in
Walton county. Tabled for the present.
T** relieve me securities of W. G. Scruggs,
the defaulting tax collector of Warren coun
ty. Passed.
To amend act incorporating Warrenton.
Passed.
To exempt from taxation a certain amount
of property of maimed Confederate soldiers,
amt of the widows and orphans of deceased
Confederate soldiers. Lost.
To incorporate the Talbotton Branch Rail
road Company. Passed.
To appropriate money £or the use of the
Ladies Memorial Associations of Atlanta,
Marietta, Jonesboro, Rcsnca and Cassville.
Senator Nunnally offered an amendment
appropriating $i,0u0 to Griffin. Lost
Senator Mathews offered an amendment
appropriating $500 to Thomaston. Lost
{Senator Steadman offered an amendment
appropriating $500 to Athens. Lost
^Senator li cks offered an amendment that
the amounts so appropriated be appropriated
to the families of deceased Confederate
ioldiers. Lost
Senator Bra ton offered a substitute Uiat
$3,000 be appropriated, and that C. J. Jenkins,
J. L. Seward tin l J.‘Screven be appointed
commissioners to have all deceased Confeder
ate soldiers interred. Lost.
The vote was then taken on the passage of
the bill:
Yetis—Brown, Cone, Erwin, Griffin, Hill-
yer, Hoyl, Jervis, Jones, Kirkland, Kibbce,
McWhorter, Nichoils, Peddy, Reese, {Smith,
Steadman, Styles, Wellborn—18.
Nays-*-Anderson, Black, Bruton, Barns,
Campbell. Clark, Column, Crayton, Dcvcaux,
Heard, Hicks, Ilinton, Jordan, Lester,
Mathews, Nunutilly, Park, Simmons—18.
The President voted yea.
Before announcing the vote, or as it wa3
abont being announced, Senator Wallace
c tine in and desired to vote.
The President ruled that lie could not vote
except by consent of the Senate.
On motion he was allowed to vote jmd
voted nay.
Senator Peddy changed his vote from nay
to yea.
The vote now stoed yeas 19, nays 18.
to do anything he would do it, let the
heavens fall, no was here to represent no
man, but the Slate of Georgia. He was
“iected by 363. He was here to fight for the
’ bill. He did hope, and trust, and believe the
H* use would pass it The last wave of time
would roll over liis breast before he would go
back on his constituents.
“L1v-*» there a man with snnl so (lead.
Who never to himself hath Mid,
When rctamin-; from aforelipi strand.
This is my own, my native land! ”
Ho was from Meriwether county. It was
his own, “his native land.” and he never
would “be with soul so dead” as to go b ick
on his native Meriwether.
It was said he was elected by negroes, ne
didn’t know. That county had over a
hundred tregro majority, and he was elected
by **363.” He was not here to represent
Democrats—ho was not here to represent
“no man”—ho was here to represent the
State of. Georgia, and he would do it, so
help him God, until the last wave of time
rolled over his peaceful breast! [Tumultu
ous applause.]
Mr. Hudson said for fear his bill might be
lost he would move to lay it ou the tabic,
which motion prevailed.
Mr. Moreland moved totake.it np, but the
motion was ruled out of older, and the bill
went under the table—“where the woodbine
twineth.”
. HILLS ON THIRD READING.
To amend an act to amend the road laws
of the State so far as relates to Bibb and
Houston counties, and to authorize the Ordi
naries of said counties to levy a tax for road
purposes. Passed.
To authorize executors, administrators,
guardians, and persons acting in a fiduciary
character to compromise doubtful and un
collectable claims mid debts, when Ordinaries
arc Interested. Passed by substitute.
To authorize and empower telegraph com
panics in this State to construct their lines
upon the right-of-way of the several rail
roads i»f this State. Passed.
To incorporate the Macon Fire Insurance
and Trust Association. Passed by yeas 121;
nays 1.
Air. \V. D. Anderson rose to a question of
privilege and information, nc wanted to
know of the Chairman of the Finance Com
mittee why a certain bill presenting the
claims of U. AL Goodman & Co., printers, of
Marietta, had not been reported by that com
mittee. He desired to know how he could
compel the committee to return the bill lie
meant no reflection on any member of the
committee. His object was to get the bill
before the House in time to act upon it this
session.
Alembcra of tiie committee replied that the
claim was so enormous, being in total about
$60,000, and involved so many questions that
they had been unable to report.
Air. AlcWlioricr, of Greene, offered a reso
lution instructing the Finance Committee to
report all bills relating to printing and adver
tising rewards to the House by 3 r. m. to
morrow.
The resolution was agreed to.
Bills on third reading resumed.
To amend the charter of the Planters’ and
Alincrs* Bank. Passed.
To amend the several acts icorporating’Ma-
coa. Passed.
To amend an act to incorporate Camilla,
and legalize certain acts of tlie Mayor and
Council of said town. Lost
To incorporate the Athens and Eatonton
Railroad Company. Passed.
To incorporate the Georgia'Metropolitan
Banking Company. Passed.
To incorporate the North Georgia and
Ducktown Railroad Company. Passed.
To amend the several acts incorporating
the city of Atlanta. Passed.
The bill provides for tiie election of the
Chief Alarshal of the city by the voters of
the same; and that the members of the po
lice who are now in service lie retained until
they are discharged by the city authorities.
To change the Constitution, so far as pai-
agraph 4, section C, article 3 is concerned.
CLAIMS AGAINST THB STATE.
To appropriate money to pay the interest
on certain past due Stale bonds owned by W.
B. Johnston.
Mr. Crittenden offered an amendment ap-
iropriating $2,000, or so much thereof as may
SENATE.
Wednesday, August 21,1872.
Senate called to order by President Tram
mel L
Prayer by Rev. E. W. Warren.
Hon. A. D. Nunnally moved lo reconsider
action ou the bill to provide for a change of
venue in criminal cases. ALuion prevailed.
Hon. Walter Brock granted leave of ab
sence for the balance of the session.
Rules suspended and a resolution off :ml by
Senator Smith that all committees having
Senate bills before them report them back by
4 r. M., to-day, whether acted on or not,
adopted.
Rules suspended and a resolution offered
by Senator Reese adopted. It provides for
the payment of witnesses subafciced to at
tend tlie trial of Judge Noel B. Knight, $2
per day, an l 10 cents per mile going and re-
•urning, and the stenographer for taking tes
timony $ .0.
The Finance Committee offered a resolu
tion declarin’. 1 that tne members of the pres
et session of the General Assembly are cn-
tided to mileairo going ami returning.
Hon. W. P. Mathews offered the following
as an amendment:
Whereas, {Selfishness i> the dominant ele
ment of our nature, and lie who will not
provide for his own household is declared io
be worse than an infidel: and as it is not Ic-s
true now than when Jefferson said a rich
treasury is a cure to a government, and as
we are’con«riotts that ihts is the last chance
some of us will ever have at the Slate
Treasury:
R<:.-«»lvul, That immediately after all the
, members of the present Legislature have
;i {drawn their per diem arid their fud mileage
bill to consolidate a Board of CotaiLissioucrs i for coming to and retarain;
for Meriwether county. Ij-iumed sts-jon, that the fc-vttc Tre
On motion of Clowr»r (ent) the motion to j shall then, at thvhour of 12o*ci«vk, m ,
“time is reconsider was iaid on the t-ibie. open wide the doo;; of tiie Treasury and of To amend al
^«<-nn»iiesn? j Mr. Johnson, of Spalding, m wcd to recon- • its vaults; and at the signal, *o be given by fondant*. Los
!e. Toth.?* Her tiie action of the House yesterday in* ihe tiring of a cannon, ibi? «h member of -To com pens
je is one **t i defeating a bill authorizing the ComptroiLr tie* pr.scnt Legislature, indudit g it* Secreta j Harris county.
II) rncui.l.
In n»ilsboro,on the 17th, Mr. Joseph Bish- and Moore. L ;sL
op and Miss Louisa Hill. To amend »;ie ?
In Rome, on ihe 17iu, AL A. Aloocey an i of Cedar f*>w*n.
Aliss S. Lou alien, all of that ciiv. fcltos c u
In Hamburg, ou the ]2tli Instant,_Wrn. To appropriate
refund uxes. l’hc motion did , ri«*3,’Ch*r!;*». D'*/or-keepers, Page , Jl-por
not prevail. : etc., shall then nuke a aniied rti-t on the I
Mr. ^ «rg«.*nt asked tlut he be allowed to Treasury, evcli one having ail tu -m nr-y tiiat!
have* uis name entered on the journal .as on** ■ he can grab.
of the protestanTs against tin* passage of the. Resolved That nil lame members have SO;
bill ind r.d jg tiie b »::*is «if he Atlantic and fe-t start in tiu race
Gulf ILtiiroul. Tim request vv.ts gjtniod. | Uesolve J , Tout we, the manlier ; of the
iiTLiji *>n tuiu * KKvotNo. j pres«*nt I#*.*gtsl?jt'ir»% H rc a great people, r.mi;
To auth'irjze tue r agio an 1 F.:maix Afanu- our wants ar-m ny: and -ve are not such*
utir.g « onijmny of Coiumhus to establish f*»**Is as n*>t lo -up" !y them when we have a
tarings department. chance.
P.i'x -i by .v«au» 123. nays 1. ! Rwwfivetl, That should any of us be com- 1
~ relieve Mess-s. L'o ighUn-jN sVt,Barnes plained **f t»y our *uit m.-, f
To extend the jurisdiction of the City Court
of Augusta. Passed.
To amend act creating a Board of Com
missioners for Liberty county. Passed.
To amend act incorporating Whitney, in
Calhoun county. Passed.
To incorporate the Barnard and Anderson
Street Railroad of Savannah. Passed.
To consolidate the offices of Clerk of the
Superior Court and Treasurer of McDuffie
county. Parsed.
To change the time of holding the Superior
Courts in the counties of McDuffie and Co
lumbia. Passed.
To authorize the Ordinaiy of McDuffie
countv to issue bonds to build a court house
and jail. Passed.
House bills read first time.
Senate bill to give Judges of Superior
Courts discretionary powers in supersedeas
cases was taken up,‘read a third time and
passed.
Leaves of absence for the day were granted
to benators Anderson, Brock, Colman, Camp
bell, Con icy, Clark, Crayton, Devaux and
Wallace.
lion. J. T. Burns asked a suspension of the
rules to refer to a committee of three all bills
relating to pay of jurors and bailiffs,creating
Boards of Commissioners, and to allow re
ceipt of county scrip in pay of taxes, for the
purjKi.se of reporting a general bill.
The Senate refused to suspend the rules.
House bills on third reading.
To authorize the County Treasurers of
Charlton, Camden and Bullock counties to
receive jury scrip in payment of taxes
Passed.
To create a Board of Commissioners of
Ronds and Revenue for Charlton county.
Passed.
To authorize Treasurer of Coweta county
to pay $ ,oo to Hugh Buchanan et al.
Passed.
To antend the charter of Albany. Passed.
To provide for the payment of jurors in
the city Court of Atlanta. Passed.
To prescribe the mode of conducting suits
before. Justices of the Peace. Passed.'
To repeal the law consolidating the offices
of Tax Receiver t»nd Collector in Gilmer
county. Passed.
To amend all laws binding properly of dc-
Lost.
a.sate jurors and constables in
;y. Tabled.
To set apart part of tlie school fund to the
city of Fort Valley. Tallied.
To authorize the Ordinaiy of Houston
county to issue bonds. Passed.
Adjourned until 3J o’clock, P. AL
HOUSE-EVENING SESSION.
Tuesday, August 20,1872.
House met at 8 r. u.
Tennessee by Thomas B. McElcva and John
U. Gant, administrators of John W. Isbcl,
deceases. The amendment was agreed to
and tlie hill was passed.
To ametid the charter of the town of
Adafrsville. Passed os amended.
To incorporate the city of Cartcrsville.
Passed." *
Air Simmons, of Hall, insisted that the
roll be called.
Upon calling the roll it appeared that only
71 members were present, whereupon the
House adjourned.
Air. Guyton was added to the Commttcc
on Enrollment.
HOUSE-MORNING SESSION.
Wednesday, August 21,1872.
House met. Speaker Cummiug in the
chair.
Prayer by Rev. Air. Jones.
Ciower (col.) was granted leave of absence
to attend the Republican State Convention.
Mr. Glenn moved to reconsider the action
of the Uouse in defeating a bill for the relief
of Boughton, I!antes, JN isbet and Moore on
account as public printers iu 1804 and 1805.
The bill was reconsidered and lost.
Air. Glenn moved to reconsider the action
of the llouFcincl* featinga bill appropriating
money lo reimburse Fulton county for ex-
pcascs incurred in prosecuting the State Road
thieves He stated tiiat if the State did not
give her countenance to these nrosccutions
the act would demoralize :hem.
The motion to reconsider was lost
Leaves of absence were granted to Davis
of Clarke, Ormond, Simmons of Houston,
Blue, Brown, Lewis, Atkinson, Oliver, Joiner
and Smith of Coweta, to attend the State
Republican Convention.
Air. Simmons, of Hall, moved to anrud by
inserting Friday, 80th instant, at 12 M.
Air. Phillips offered a resolution provhlieg
for the appointment ot a committee to acre -
tain what bills of importance are necessnrr
to be passed, and whether it is to the interest
of the State to prolong the session.
Air. Hal), of Upson, offered a substitute
providing for the appointment of joint con -
mittec to examine the business, and inquire,
if a longer extension of the session is cecc:.
sarv.
The amendments and substitutes were all
put and lost.
The question then recurred on the prpnnre
of the original bill* which was lost bv vc.>
51, nays 88,and the resolution to prolong \vr .
lost. 43
During the discussion the question w
sprung, whether or not a two-thirds on jo; -
was requisite to further prolong, since pr *
longation had been once effected by the con
stitutional majority. *
Messrs. AlcWhorterand Rawls thought tint
the Constitution had been complied with, and
that now a majority vote conhl prolong.
The Speaker ruled that the two-thirds
majority was always requisite;
The 'following bill was read the third
time:
To require the prepayment of costs in cer
tain criminal cases. Passed.
that flank movement on the bhartees.
Mr. Floyd moved to take np the rosohitioii,
providing for changing tlie Constitution v •
:ts to prohibit the payment of the fraudulent
State bonds, by submitting the question to
two success!veXcgislatures and to tho people.
The resolution was taken up and passed by
yeas 63, nays 29.
Mr. Simmons, pf ITnll, asked a ro«p' , r° : on
•f the rules for the purpose of taking r.o a
bill to incorporate the Gainesville and Jeffer
son Railroad.
Tho suspension was not allowed.
DILLS ON THIRD READING.
To amend section 4462 of Code. L"«q
To authorize Judges Superior Oour* ’ re.
lect jury lists of counties additional grain!
jurors, etc. Lost.
To authorize William Ward, of Otr.-vll
county to erect two gates on the Five N< u-h
road. Passed.
To change tho line between Polk and Bar-
low counties. Passed.
To amend existing charters of Kington.
Passed.
GOOD FOR GROG-SXIOrs.
To empower married women to rervyrr
from any poison retiiflinc spirituous ii*.,; >v.
who shall furnish such liquors to the hi./. \d
whilc he is drunk. • Lost.
To incorporate the Hightower Slate Works.
Pasted.
To incorporate the Rowanta Slate Works.
Passed.
To amend section 3798 of the Code. Lo ■ t.
To change the election laws of the State.
Lost
Senate resolution authorizing the Treasurer
to pay witnesses and stenographer in tho in
vestigation of the charge against N. L*.
Knight Concurred in.
To define the corporate limits of Thomas-
villc and change the time of holding its mu
nicipal elections. Passed.
To authorize Samuel F. Smith, of Butts
county, to give in and pay taxes in Butts
county on his land and mill property in Jas
per county. Passat
To relieve J. N. McLcstcr, of Chattahoo
chee, county. Passed.
To incorporate the Savannah Brick Manu
facturing Company Passed os amended.
Loaves of absence were grated Ale
Watters, Chancey and Woodall.
Took recess until 3 p. m.
SENATE—AFTERNOON SESSION.
Wednesday, August 21.
Senate met at 31 o'clock P. AL
House bills on third reading:
To amend road laws so far as relator “
Houston and Bibb by striking out Hoti?t • i
Passed.
PUBLIC SCHOOL BILL.
The Senate amendments to the Public
School bill concurring in the amendments of
the House, except that one which refused to
defray the traveling expenses of the State
To incorporate Athens Gas Light Compan}'.
Passed.
To give Henry Ambrose ct al authority to
grow oysters in Warsaw river. Passed.
To allow Ordinaries of Clayton and Aiillcr
•unties to f irm out convicts Passed.
To incorporate Trenton. Passed.
To incor|K>ratc Hampton. Passed.
To authorise the Ordinary of Stewart coun
ty to levy a tax for school purposes. Passed.
To amend the >.ct incorporating the Chat
tahoochee Manufacturing Company. Passed.
Toi iv event the sale of spirituous liquors
wiluiu otic mile of Stilcsboro Institute.
Passed.
To change the lino between the counties of
Coweta and Camp!tell. Passed.
To create a Board of Commissioners for
Coweta county. Tabled.
lend the act incorporating Gaines-
vi’le. Passed.
To incorporate the city of Fort Valley.
Indefinitely postponed.
To exempt Road Commissioners of Troup
county from jury duty. Passed.
To provide for and fix the fees of Solicitor
Generals of this State in the Supreme Court.
Li t—yeas 10, nays 16.
To authorize ->;ayor and Council of Tal
bot ton to subscribe to the capital stock of
i'altKitton Branch Railroad. Passed.
To amend section 4758 of the Code. Passed.
To amend sections of the Code relative to
distrain warrants for rent in Savannah.
.n«cd. Commissioner,
Air. W. D. Anderson, of Cobb, moved to
insist on the amendment.
Air. Hoge moved ;o recede.
Air. Simmons, of Gwinnett, said that if the
bill required the Commissioner to visit all
parts of the State, it would be necessary to
pay his expenses; or else he would resign,
and properly, too, for the traveling expenses
would consume his entire salary.
Air. Cain concurred in this opinion Mr.
Crittenden insisted on the amendment Tlie
State needed the money to pay its teachers.
Air. Pou thought it would lie unkind to in
sist on its amendment. When duties were
imposed, wise legislation demanded that the
means should be furnished for the discharge
of those duties.
Air. McMillan hoped the House would re
cede. The Constitution required us to pro
vide a system of public education. Certain
duties were imposed upon tlv: Commissioner,
and so long as they were in force, he should
be furnished with the means to perform those
duties.
Air. Richards called the previous question,
which motion prevailed.
The House then acted on the question and
receded from ifs amendment
The Senate also refused to concur in the
amendment of the House giving the clerk
$800 instead of $1,200.
Air. Berrien stated that now since the
House had acknowledged tlie duty of the
Commissioner, it becomes necessary to em
ploy a clerk to care for tho correspondence
in the abcsencc of the Commissioner, and a
competent clerk could not be obtained for
$800. He moved to recede.
Mr. Gray was onposed to receding from
the amendment. Tlie expenses were un
necessary incumbrances.
Dell called the previous question,
which call was seconded.
Tlie motion to recede prevailed by yeas 54;
nays 49.
ATLANTIC AND GULF RAILROAD.
Air. Hunter moved to reconsider the action
of tiie House in refusing to concur in the
Senate resolution explanatory of an act to
protect the interest of the State in the At
lantic and Gulf Railroad, and to carry out the
original intention of tiie charter.
Mr. Me Al ill an said he was one of the
small majority that voted for the pas
sage of tue original bill granting the
indorsement, and though a large pro
test had been on the Journal of the House,
he was well salLfi-id that the bill was not
only a wise one, but entirely constitutional
These resolutions provided against all loss to
the Slate. The State’s in v #tment of $l,00 r ),-
000 ha«l already doubted, and if the road
wire prolonged into Alabama, it would de
velop an amount of business that would ul
timately yield to the State a large revenue.
Mr. Simmons, of Gwinnett, moved to with'
draw the motion lo reconsider, which motion
DEMOSTIIBNES. prevailed.
Air. Aloreland moved to reconsider the ac- 1 prolongation.
utk’rating
of the H hise In defeating a bill for the! Mr. Glenn offered the following rcsolu-
» nuiup. tiiat he shall be * appointment of commissioners for Alerri- tion.
i: y la.. ;;’?v agency; wether county, lie hoped, trusted and be-1 iViiercas, It is apparent that tiie business
r -hioJr r. v who did. j lieved that the House would grant Merri-! of the prolan sc si .a cannot lie completed
*.!frd . y tiin Finance wether county her rights for once, and called, by Saturday next; therefore,
_______ ^ ... . adopted L\ th^ following' upon every honest Democrat to support tlie j Resolved, That the sesrion he extended un-
ofcourse what suits you suits me/If you ever ♦ Lockleer, of Colleton, to Aliss Wyett Court- j exp uses incurred in prosecuting State Road vote: j bill. He was here to do his duty, and before • »il 12 o’clock midnight, Wednesday, the 28th
realize on those drafts, I shall congratulate nier, of Augusta. criminals. 1 xcas—Anderson, Black. Bruton, Cameron, God he would do it. When it was his duty instant
j the town fully n' thor'z i
N»ed. in tue m.»aer, i
• coc&r EXPENSES. The reso'uti
omy to reimburse her for C*»it.i
To amend tho act incorporating Eaton to :
Passed.
To compensate jurors in Pike conr*-.\
Passed.
To legalize tho drawing of jurors in Wnlkr-
county. Passed.
To compensate jurors In Campbell conn’ *.
Lost.
.To authorize D. J. Hulsey and O. J. IT •
rington to keep up stock gates iu Ualj count .
Amended and passed.
To change the lines lietwccn the counties
of Coffee and Ware. Passed.
For the relief of maimed soldiers. Re
ferred to Finance Committee.
To repeal so much of act to coirmcrv to
jurors so far as relates to Lumpkin. Tn! ?.
To amend charter of Douisvillc. p:i«
To change the line between the count! of
Colun Wa and McDuffie. Passed.
To incorporate the town of Woodbury.
Senator Smith offered an amendment ev
tending its provisions to Wood ville.
Agreed to and bill passed.
To establish a‘ County Court In 'Troup
county. Passed.
To amend the charter of Snndersvillc aud
change its title io the City of Sanderavi k\
To allow H. Q. Wilkinson, of Coweta, to
erect a dam acron the Chattahoochee river.
Passed.
Tg ornate a Bmard of Commissioners far
Webster county. Passed.
To amend the charter’of Alilledgcv llo.
Passed.
To incorporate the Louisville Branch Rail- '
road Company. Passed.
To amend* the charter of Clarksville.* '•
Tabled.
To amend 2d section 10th clause 5th art k id
Constitution. Passed.
To amend charter of Franklin. Passed.
To amend act incorporating Augusta nud
Louisville Railroad Company.
Senator Hicks offered on amendment, *• via
Dublin, in Lauren county.” Agreed to and
hill passed.
To amend act creating Board of Commis
sioners of Seriven county. Passed.
To provide for the appointment of a State
chemist. Indefinitely postponed.
To create a Board of Commissioner.- in
Fayette county. Passed.
To amend the charter of Ringgold. I'r. * - M.
To establish in Bibb county a boar.t of
public education and orphanage. Passed.
To create a board of commissioners for the
counties of Ware and .McDuffie. Biased.
To change the lines between the counties
of Baldwin and Wilkinson. Passed.
To incorporate the Atlantic and Magnetic
telegraph company. Passed.
To extend the power of Justices of the
Peace and Notaiy Publics in tiumtfer county.
Referred to Judiciary .Committee.
House bills read first time.
Bills on third reading.
To incorporaio the European and Ameri
can Immigration Company. Vasscd.
Hon. George Hillyer moved to adjourn un
til 8} o’clock. Lost.
Message of his Excellency, Gov. Rurtli,
on the Great Western (.’anal, read and r>; er
red to the Committee on Internal Improve
ment.
By mistake in the morning session report.
Senator Peddy was made to Change liis vo»c
on the appropriation to the Ladies Mentor*si
Association from nay to yea, when it su mid
be Senator Park.
Senate adjourned until 9, A. AL, to mor
row.
HOUSE—AFTERNOON SESSION.
WEDNHFDAY, August 2'.
House re-assembled at 8 P. AI.
BILLS ON Till UD READING.
To compensate J. A. Chambers, assis'r.nt
detective for tbc arrest of R. B. Bullock, \-r
servites ($294.) *Pdssqd.
To reduce the amount of the official be *
of certain county officers in Pickens com..
Passed.
To incorporate the town of Ruckers*. *.]
Passed as amended.
To authorize the Ordinary nf Iticlim
county to levy a tax for educational purj
Passed hy substitute.
The two following Senate bills v:
passed:
To amend the charter of the city Ath
To amend the charter of the *Ocmt
River Railroad Company.
Mr. Russell offered a resolution to req”'
the Governor to instruct tiie Solicitor <
eral ct the Western Judicial Circuit to it.
tute legal proceedings against A. J.
person who killed j. A. Hunter, a per:
liaty convict. The resolution was roe
To donate the public buildings off W
kinsvillc to a Boaro of Trustees for e*i :c.s-
tional or other purpo?cs. Lost.
To amend the act incorporating the Lucy
Cobb Institute. Passed.
To relieve Green L. McCleekcy, of Clarke
county. Passed.
To keep all tax allowed for educate'r.a!
purposes in Clarke county. Lost.
To revise the jury box of CLrkc covr.'y.
Lo^t.
To protect the University of Gcorgi v
imposing a heavy tax tin it in favor of > .
Fire Department of Athens.) Lost.
To donate one-half of the proceeds cf he
Agricultural Land Scrip to the Atk
(colord) University. Lost.
To relieve W. J. Spcaircs. Parsed.
To incorporate tiie Rome Hollow-wire
Stove Manufacturing Company Paste*!.
To change the tiuic of holding the S. p>
rior Court of McIntosh county. P.isse*!.
To provide that tbc grand and iK’tit j *: r?;
of Colquitt county shall serve without i -y.
Passed.
To attach a portion of Appling county to
Wayne county. Passed.
To prohibit the buying, selling, delivering
or receiving of any farm products speeded,
lietwccn sunset and sunrise' iu Harris county.
Passed.
To authorise the countj* of Dougherty to
retain the poll tax of tuiic county. Lost.
To relieve Mrs. H. S. Camak. Lost.
To provide for the payment of a port-on
of the fund raised for school purpl es to
Houston county. Lost
I (Continued oa Second Page.)
[indistinct print