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x; ~n> ••of Sobscrlption: J VIKLT CONSTITUTION per aaaum $9 00 AS Htaolpdoomptjtbte atrictly In ad Twice tmd, «Uhe rrptrwin nf the time for which payment « made, mtroi pr*rto**]y renewed, the name of the •atimrftar will he stricken from oar hooka. pgr <N«b« of TfB f15 00, and a copy of the paper r«tfrtobitbcrett«r^p. 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 One of tlie delegates ap- jK.ir’^l to Lottisvillc was appointed without authority, and his name ha« licen withdrawn.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