Newspaper Page Text
7U*UXZ7
oTtstitntion.
ATLANTA, TUESDAY, FEBRUARY
11.
BTTho insurance money lost in the Bos
t in fire was $50,500,000. Twenty-six Mas
sachusetts insurance companies failed. One
hundred and fifteen companies lost heavily
bat survived. Thirty of these, however,
have had to restore their capital by assess
ments, ranging from 20 to 75 per cent.
The Chicago fire burned $196,000,000 of
property. The Boston fire $90,000,090.
Chicago bad 2,100 acres ravaged. Boston
only G3 acres.
nr lint Camea ot Immigration toTexai
Without money.
The Montgomery Advertiser learns from
gentlemen just returned from Texas that
there arc in that State not less than ten thous
and men who would be willing to work as
day laborers on the farms of Alabama, if by
so doing they could be assured of their return
to that State. The ease stands just this way
• Don't go to Texas withouta "pocket full of
r xkfand when you have filled your pockets
that fa the very last place on earth to go to,
to get the woith of your money.
The AsylumfortheDeaf and Dumb
This asylum fa at Cave Spring. The
Board of Commissioners consists of G. W.
Thomas, A J. King, A. G. Pitner, F. A
'Glenn, G. Cunningham, J. A Green, N. B.
Green, W. R. Webster, J. D Thompson*
The officers of the institution are, W. O.
•Conner, Principal; J. S. Davis, J. Fisher, J.
F. Moore, and Sallie J. Posey, instructors
B. B. Quillian, steward; Mrs. B. B. Qnillian,
matron; R.McCord, master of shoe shop.
The trusteers report success. The pupils
number sixty-one. The cost of the inslilu
lion was $14,0-19 70 in 1872. 8ome mom y fa
asked for drainage and water.
Same interesting statistics aro given.
There arc 16,705 deaf mutes, in the United
States, or one to 2,300 people. Georgia, ac
cording to this ratio, should have 522, of
which 259 should be at the Asylum, whereas
only 61 attend.
The object of this asylum is to make deaf
routes self-supporting by educating them to
practical labor. The course takes six years,
and in this lime they can be learned to carry
on conversation by writing, transact ordinary
business, read simple books and newspaper
articles, and know something of arithmetic,
geography and history, etc.
Commadore M. F. floury Dead
The death of this distinguished Southerner,
announced a day or two back, is not only a
national calamity, but a loss lo the world and
its civilization.
Matthew Fontaine Maury was bom and
died in Virginia. He was 68 years old.
While young hb parents moved to Tennes
see. At nineteen he became a midshipman
in the Unite 1 States navy, and while on his
first cruise in the Brandywine that was to cary
LaFayet tc to France, he began his celebrated
“Traetiscon Navigation,” that fa still a text
book in the navy. lie became Lieutenant in
1838, at thirty years of age. lie was ap
pointed Astronomer to the South Sea Ex
ploring Expedition, but declined the appoint
ment.
In 1839 an accident incapacitated him for
active sea service. In 1814 he was made
Superintendent of tbs National Observatory
and Hydograph at Washington.
lie gained a world-wide reputation by his
researches in this position. Ufa contribu
tions to practical naval science made him the
foremost scientific naval man of the world.
His celebrated work, the “Physical Geogra
phy of the Sea,” published in 1854, em
bodied bis valuable discoveries of the
winds and currents of the ocean, and; the
work has been translated in several lan
guages.
Gold medals were awarded him by the
various crowned heads of Europe. His ex
plorations resulted in shortening the passage
«Ubv
► Atlantic for (tiUtffl
ty TSf forty days.
In 1855 he was promoted for h's signal
scientific services to be a commander in the
Navy.
In 1869 when Virginia seceded from the
Union, he resigned, and warmly espoused the
Confederate cause.
Since 1865 he has been Professor of Physi
cal Science in the VirgiLia Military Institute
at Lexington. He has devoted bis time large
ly to the perfection and publication of a new
series of Southern school-books and a new
Physical Geography. He has also paid much
attention to agriculture, urging the applica
tion of the United States signal service to its
benefit.
Among his more im|tortant works not
mentioned above arc "Letters on the Atlantic
Slopes of South America,” "Relation be
tween Magnetism and the Atmosphere,” “As
tronomical Observations,” etc.
To Commrdore Murray belongs the dis
tinguished and valuable honor of being the
first man who reduced the navigation of the
seas to a science. Ufa death fa a loss to man
kind. The Souib has indeed gravo reason
to mourn the death of Ibis, one of her most
eminent sons. His genius, his acquirements,
his discoveries and achievements, and his no
bility of mturo made him a proud repre
sentative of Southern character.
THE
"THE'rlSWm
VOLUME V.l
ATLANTA, GEORGIA, TUESDAY, FEBRUARY 11, 1873.
INUMBER 44
DECISIONS
sdpheihe cocat of Georgia.
Delivered at Atlanta, February 4, 1873.
nxroBTCD zxraxssLT roa tu coxstitctiox ax
FZKR/icisox, errarxE 001
Wm. H. Wilder vs. The State. Mi<dom<»nnor,
from Dougherty.
WARNER, C. J.
The defendant was indicted for a mfade-
meanor, for a violation of the 599th and 60D
sections of the Code, as County Treasurer of
Dougherty county. The indictment charged
the defendant, as County Treasurer, with
uayi g up a certain county order, the same
being an order upon the County Treasurer of
Tim .T 1 **, “ described and set forth.
The order is that the County Treasurer pay
Jud S° Senatorial a Court of Equity to interfere at the instance
"money toikSSwtt2ppr£ befo F B - J ud *“ cnt
•?. A uiuicsiuu, uuu Mgueu
y tk® Ordinary. It also alleged that the
defendant did buy up, from one Kemp, - aid
order for less than its full par value (to-wil)
the sum of $85 00, contrary to the laws
of the State, etc. After the defendant was
arraigned and plead not gnilty to tbe indict
ment, the defendant made a motion to quash
it on the ground that no violation of
the law was charged against the defendant,
and if so, that the offense was improperly
charged and set forth. The motion
to quash the indictment was over,
ruled by the Court, and in our judgment
properly oyer-ruled. After having plead
not guilty, the defendent could not move to
quash the indictment upon any ground that
wonld not have been good in arrest of judg
ment. The offense was substantially set
forth in the language of the Code, and was a
good indictment.
The evidence on the trial was, that Morgan
bad borrowed twlnty dollars of thedefend-
ant,and promised to place in hfa hands the or
der as collateral security, but did no*, do so,
and afterwards borrowed forty dollars from
Kemp, and placed the order in hfa hands as
collateral security, with the understanding
that if he did not pay the forty dollars In
ten days, the order was lo belong to Kemp.
The money was not paid within tbe time,and
Kemp proposed to sell the order lo defend
ant for $85.00; told him in that way he coaid
secure the $20.00 he had loaned Morgan. De
fendant agreed to it, paid Kemp $85.60 and
took the order ana receipted payment
thereof, 32d May, 1871. The Court
charged the jury that if they were
satisfied that the defendant paid for the
order a less sum of money than it called for
upon its face, which fa the par value thereof
and he was Couaty Treasurer at the time,
then ho fa guilty, and it made no difference
whether he had any county funds in hands
at the time or not, he could not thus purchase
it with hfa own money, that the charge fa
made oat, when it fa proved that while act
ing as County Treatcrcr, tc paid for it less
thsn Us par value. lVc find no error in the
charge ot the Court to the jury. The of
fense under the law, consists in a County
Treasurer buying up orders or claims on the
county for leu than their par valnc, either by
himself or agents, directly or indirectly, and
it fa no defense for the defendant to show
that the party from whom he purchased toe
order, did not have a go d title to it. The
verdict was right nnder the law and facts of
the case, and we will not disturb it.
Let tho judgment of the Court below be
affirmed.
Vason& Davis for plaintiff in error.
John C. Rutherford, Solicitor General, for
the State.
Hines & Hobbs vs. H. L Kimball & Co., ct.
al. Attachment and claim, from Dough
erty.
McCAY.J.
When there fa a levy of an attachment
find a claim, the claimant may move, upon
the motion docket, to dismiss the attachment
for any good causa of objcctiona thereto.
When an attachment affidavit stated that
H. I Kimball & Company, said firm com
posed of Hannibal I. Kimball and certain
Parties unknown to the deponent, arc justly
ndebted, etc, and that said Hannibal I.
Kimball & Co., absconds;
Held, That this was a sufficient affidavit
on which to issue an attachment agtinst the
effects of H. L Kimball A Co.
Judgment reversed.
Hines & Hobbs, for plaintiffs in error.
Smith & Jones, R. F. Lyon, contra.
Brunswick and Albany Railroad Company
▼sJoiia AMcLarcnExecutrix. New trial,
from Dougherty.
Colquitt & Biggs vs. D. W. Kirkman. Lien
ot livery stable keeper, from Dougherty.
McCAY J.
Whilst, as against the actual bailor, a livery
stable keeper lias a lien upon an article of
property depoeited with him for feed or
storage, for hfa whole account against the de
positor In the line of the livery stable busi
ness, yet if tbe depositor be .not the true
owner of the particular article in question,
or if there bo a prior legal incumbrance upon
it, the lieu of the stable keeper is only good
against the true owner or prior incumbrancer
upon the article for tho expense of feeding or
taking care of that particular article.
Judgment reversed.
Warren & Ely, for plaintiffs in error.
Joseph Armstrong, by brief, contra.
WARNER, C. J.
This case came before the Court below on
appeal from the award ot arbitrators
assessing damages for the right of way over
the land ot the appellant by the location of
the Brunswick and Albany Railroad nnder
James M. Mercer ct al.. Executors, vs. W. H.
Whitehead. Complaint from Dougherty.
MONTGOMERY, J.
The Apportionment Dill.
The apportionment bill drafted by Mr. Mc
Daniel, of Walton, w-a read to the House
some lime ago. Tho Judiciary Committee
submitted a majority and minority report on
tho bill, the majority favoring the apportion
ment without amendment, and the minority
rejecting it as nnconstitutioaal. The minori
ty consisted of Messrs. Dubose of Warren,
Foster, Giltson of Burke, ahd Willis of
Talbot.
The bill provides that the first six counties
shall 13 heretofore be entitled to three Repre
sentatives each, that Use next twenty-seven
shall have two each, and the rem lining (104)
oneeach.
It reduces the representation in the coun
ties ofo&Iorgan, Columbia, Warren, Pulaski,
Randolph and Lee, from two lo one member,
gives to the four new counties; Dodge, Dou
glas, MeDnffle and thickdale, which arc now
without representatives, one representative
each, and in Walton and Jackson counties,
which now have only one representative each,
increase the number to two each,
The minoiily committee claim tbit the
bill fa unconstitutional because the Constitu
tion allows the Legislature lo make a new
apportionment after the taking of every
United Slates census, claiming that the word
“after” signifies immediately subsequent to,
that fa at the next meeting of tho General
Assembly oflcr such census. And they claim
that the last Legislature having failed to make
suce apportionment, the present one must re
main in tact until the next census fa taken.
The bill was made the special order of the
day for to-morrow.
We must be permitted lo differ from the
worthy members of the committee making
the minority report It fa too serioos a mat
ter lo withhold the gTeat right of representa
tion from the new c .unties on what really
seems lo be a technical quibble over a word.
The word “after” lias no limitation, and it
does seem that we ourselves should not seek
ourselves to restrict our exercise of a consti
tutional right
The objection does not appear to be to the
merits of the bill, but simply lo this legisla
ture exercising tbe power of apportionment be
cause the word “after” limited the power to
the last legislature. Where, as in this
case, it fa a matter of verbal construction,
by all means let us have the substance of the
benefit The main trouble with us fa the re
duction of rerpcscnlatives from some of the
counties. But this fa necessary to givo repre
sentation to the new counties, and the depri
vation should be gracefully borne.
The bill reported teems as just a one as
could be drafted, and therefore vie favor it,
_ it for the sum of $3,750 00. A motion
was made for a new trial on the several
grounds specified in the record, which Was
overruled by the Court, and the Railroad
Company excepted. There was no error in
overrating the motion for a continuance on
account of Judge Session’s order—to have all
the debts against said Railroad Company re
ported to the Auditor appointed by him on
a bill filed to marshal tbe assets of the
Brunswick and Albany Railroad Company,
The appellant's right to damages had first to.
be ascertained accord ng to the provisions of
tho charter of the company, before she had
any liquidated debt or demand against
the company to report to the Audi
tor. In our judgment, it was
error to allow the witness (Wright) to prove
that the Southwestern Railroad Company
paid the appellant $3,500 for running its road
through her land. What the Southwestern
Railroad Company paid the appellant had
nothing to do with the question of damages
as between the appellant and the Brunswick
and Albany Railroad Company. It was also
error in allowing the witnesses for the appel
lant to give their opinions as to the amount
of damages she bad sustained by the location
and running the railroad through her land as
a basis for the verdict of the jury. The is
sues to be tried by tbe jury were issues of
fact First, did tbe company locate its road
upon the appellant’s laud under the provisions
of its chatter? and second, if it did, how
much of tho appellant’s land was taken for
that purpose? What was the actual or rela
tive value of the land so taken, to her, in
view ot the use and enjoyment of
her plantation? In what manner, and
to what extent, did the location nod
use of the road by the company interfere
with her rights of property in and to her
jlantation and the free nse and enjoyment of
l? These were fi a s to be proved, as well as
the condition of the plantation when the land
was taken by tbe company,interference with
growing crops thereon, etc, and when proved
then tho jury should assess the damages as to
the proven value of the land taken by the
company for its road, to her, in view of its
apttropnation by the company and interfer
ence with her rights of property in and to
her plantation. The appellant is entitled to
recover the actual proven value of her prop
erty which has been taken by the company,
including the actual proven value pf her
right to its use and enjoyment of which she
has been deprived by tho location of the
company’s road through her plantation, and
this the jury arc to assess from the facts
proved in relation to the interference
with, and appropriation of her rights
of property by the company and not
from tbe opinions of the witnesses as
to the arnonnt of damagea she has sustained.
The witnesses should prove the facts which go
to establish the injury which she ha3 sustain
ed by the location and construction of the
road through her plantation, and the jury
should assess the actual damages sustained
v her resulting from the facts so proved.
, be testimony ot Bonner that he levied upon
Tifls plantation near Albany through which
the Southwestern Railroad ran, and had cul
tivated said plantation and was offered to
prove what the damages from that road resl-
v was to that plantation, was properly ruled
out by the Court. Let the judgment of the
Court below be reversed. , , .
Hines & Hobbs,L. P, D. Warner, for plain
tiff in error.
Vason & Davfa, G. J. Wright, contra.
jgyGencral William Mahone, or “Fight
ing Mahone,” of the Confederate service, has
b .en quite ill, hut fa convalescent. Vigorous
In war, he fa equally energetic m times of
peace, having earned the tide of tu® Little
nsail niant VJrfflnlfi’.
ftAmd Giant of YlaMar
Oberholscr & Keefer, ot al., ys. D. Green*
field, ctaL Injunction, from Dougherty,
WARNER, C. J.
This was a bill filed by tho complainants
against the defendant praying for an idJ unc
tion to restrain the defendants from dispos-
Ing ot certain goods described in the record
anil for the appointment of a receiver to
take charge of the goods. On the hi
before the pretuding Judge upon the bt
answers of the defendants, and the affidavits
contained in tho record, the injunction
was refused, whereupon the complainants
excepted, The complainants sold the goods
In controversy to one Rccssack on time,and al
lege that be fraudulently sold and ffisposedof
tlie same to the defendant, Greenfield,to defeat
in the execution of such voluntary convey
ance without notice to the creditors. This
being the general rule, do the facts disclosed
by the record in this ease, take it out of that
gencralrule, and which is thepropcrtribunal
to decide upon the facts of the case in an ap- Court to charge that “a reasonable doubt fa
plication for an injunction, this Court, or the such a one as an upright man might entert^i
presiding Judge of the Court lx low? This in an honest investigation after truth, from
Court has no original jurisdiction to grant, the evidence.”
or refuse to grant, an injunction in an equity
cause—the original jurisdiction to grant, or
to refuse to grant an injunction, fa vested by
the Constitution and laws of this State
in the Superior Courts, or in the several
Judges thereof, as regulated by law. The
presiding Judge in the Court below, in
deciding upon the facts of the case disclosed
by the record, in the exercise of his sound
discretion, refused the injunction prayed for,
and it would require a very strong case in.
deed to authorize this Court to control and
sot aside the judgment of tho Court below
upon the facta. In the judgment of the
Coart below, the facts in this ease did not
take it out of the general rulo which forbids
of the Court in refusing the injunction, which
would authorize this Court to control it.
Let the judgment of the Court below be
affirmed
Vason & Davfa, Joseph Armstrong, Wairen
& Ely, for plaintiffs in error.
Smith & Jones, contra.
Bjard of County Commissioners of Decatur
county et aL vs. Daniel Humphries. In
junction, from Decatur.
McCAY, /.
The public cannot appropriate, pr
erty to public use, unless it pursue the me _
pointed out by the statutes, and if the au
thorilies undertake to appropriate properly
in any other way, equity will restrain the
act.
If th rube a conflict of evidence upon the
facts, this Court will not, except in a very
strong case, control the discretion of the
Circuit Judge in granting or refusing an
inmring.
injunction until the hearing.
Judgment affirmed.
Bower & Crawford, for plat itiffs in error:
Gurley & Russell, contra.
A bill to regulate the law of liens in (hfa
State.
After a number of amendments proposed
by the Judiciary Committee were agreed to,
the bill was pnt upon Us passage, ana adopt
ed by sections.
Mr. Simmons, Chairman of (he Finance
Commute, reported beck several bilk.
Bills on third reading resumed.
A bill to amend the garnishment laws of
this State.
The Jndiefary Committee reported an
amendment, which was sgreed to, and the
bill passed.
A bill lo change the time of holding the
Superior Ccurt, and fur other purposes. Com
mittee reported favorably and the bill passed.
A bill to amend the act incorporating the
ntHItftrl orwl flomill* T?■» 51 pno/1 ,,.1
Culhbert and Camilla Railroad, to extend
the road to Columbus from Cutbbert via
Lumpkiu, and to lend it the credit of the
State.
Committee reported adversely to the pas-
1. In a suit for a breach of warranty of n
dead to land, where the plaintiff bought,
pending an action of ejectment against hfa
mcmof^rccovery”against iKTrendar' frTthc
ejectment suit, fa evidence lo sustain the al
leged brctchof warranty, and a nonsuit was
properly refused.
2. Evidence of tbe amount paid by plain
tiff to hfa counsel to secure titles to the land,
admitted to rebut proof that the use of the
laud was more than a full off-set to the inter
est of the purchase money, was properly ad
mitted.
3. A purchaser of land under bond for
titles, who subsequently pays the purchase
money, and takes a deed, may, in a suit for
breach of warranty in the deed, pat in evi
dence the bond for titles, as a part of the
history ot the transaction, and to show that
the defendants (the executors of tho obli
gor), were bound to make him a good war
ranty title.
A Where a plantation was bought in 1808,
under bond for titles, and in great part paid
for in Confederate money, in 1864, and a
deed then taken; in a suit by tire purchaser
against the executors of the vendor for
breach of warranty on aceonot of tho re
covery in ejectment by a third person of a
portion of tho plantation, the defendants
should have been permitted to prove the
value of the whole place at the time of trial,
in order that tho jury, in ascertaining the
damages, might, under the ordinance of 1865,
review the whole transaction and render
their verdict on principles of equity.
5. The breach of the warranty in this case,
not having occurred I'cfore 1867, in no view
can the relief Act of 1870, bo applicable to
it, so as lo require an affi lavit of taxes to
be filed by the plaintiff.
Judgment reversed.
Vason & Davfa, Wm. E, 8mitu, for plain-
taiffs in error.
Wright & Warren, contra.
Nelson Tift vs. Lorenzo T. Goode. Money
rule, from Dougherty.
MONTGOMERY, J.
depends; the complainant fa entitled to an
order absolute requiring the money to be re
turned to him in the absence of any sufficient
cause shown to the contrary in answer to a
rule niti, served upon the counsel of plaiDtiff
in fi fa; provided, he will enter into bond
with good surety to be jukged of by the Court,
for the payment of the money to the plain
tiff in fi fa, if he should come forward within
twelve months, and establish hfa right to the
fond, under the terms of the decree, by show
ing that he did turn over the papers as re
quired by the decree, or that he offered to do
so. and was prevented by Tift
The face that the decree finds an amount
against the complainant absolutely, which he
has not paid, in addition to themonev im
rounded, does not affect hfa rights, as to the
mpounded fund. For the amount decreed
absolutely against him, the plaintiff in fi fa
might at any time, hare had an execution
issued.
Judgment reversed.
R. F. Lyon, for plaintiff in error.
Vason & Davfa, contra.
me. o. .. Mr. Dell called the previous question,
Gas Pe'er.on vxThestate Murder, from whicllwa3sus uuted.
The amendment was lost.
sale of the goods was a mere sham to defe it
the payment of the complainants debt due
them for the goods. The answers dented
the allegation! in the complainants bill, iand
the question fa whether under the facts of
the ctsc as disposed by tbe bill, answers of
the defendants and affidavits, ‘bis Court
should control and reverse the judgment
of the Court below in refusing to
S3& «
voluntary conveyance of property alleged to
have been made for tbe purpose of defraud-
tesseusssnsssi.
dsath to imprisonment for life, under tee
tion 4257 of the Code, except when the c ro-
viction fa founded solely on circumstantial
testimony.
5. It u not error in a murder case for the
6. The verdict is not contrary to the Charge
of the Court.
Judgment affirmed. ;
D. IL Pope, Smith and Jones for plaintiff
in error.
John C. Rutherford, Solicitor General, for lost
the State. • TJ
Mr. Cureton—In regard to the indorsed
bonds of the Alabama and Chattanooga Rail
road.
(Tho above was accidentally omitted in the
morning report)
BILLS ox THIRD BEADING.'
The consideration of the bill to incorporate
tho Arkwright Manufacturing Company of
Savannah was resumed. At tho conclusion
of the argument of Mr. Walsh in support of
the bill, Mr. Lyon called the previous ques
tion, which call was sustained.
The amendment of Mr. Turnbull was
GENERAL ASSEMBLY.
SENATE.
Tuesday, February 4,1873.
Senate met at 10 o’clock.
President Trammell in the chair.
Prayer by Rev. Mr. Kctchum.
Roll was called and journal of yesterday
read and approved.
Message from the House stating that that
body had passed several bills.
reports or committees.
Mr. Reese, chairman of the Judiciary Com-
mittee, reported back several bills.
Mr. Wofford, chairman of Internal Im
provements, reported back several bills.
The Secretary made his weekly report of
the number of clerks employed by'the Senate.
On motion of Mr. Jones, the rules were
suspended and
BILLS OE FIRST READING
were taken up.
Mr. Jones—A bill to amend the ehar'er of
the Georgia Masonic Mutual Life Insurance
Company, and to change the name to that of
the Georgia Masonic Mutual Relief Associ
ation.
Mr. Knight—A bill to incorporate the
Valdosta and Fort Valley Railroad.
BILLS OX TniRD BBADIKO.
r. Hoyl offered an amendment providing
that the Governor should not be required to
sign the bonds of the road until an equal
amount of the Stato bonds were subscribed
by private parties. After a debate between
Messrs. Hoyl, Wofford, Ilcese and Brown,
the report of the committee was agreed to
and the bill was lost.
A bill to amend the act incorporating the
Vaican Iron Works, and to change the name
to the Phoenix Irom Works. Committee re
ported favorable and bill passed.
A bill for the relief of John Morris, Tax
Collector of Habersham county. Referred to
Finance Committee.
A bill to require tbe Treasurer to destroy
all bonds, coupons, or other certificates of in
debtedness, which may bicomc the property
of the Stale. Committee favorable and the
bill passed.
A bill to abolish the office of Tax Receiver
this State and appoint a'Tax Assessor in
hfa stead. Withdrawn.
A bill to appoint a permanent Board of
Education for the county of Bibh. Passed.
A bill to repeal the act to protect the peo
ple of this State in the sale of kerosene oil.
Passed. ' - - *■-' —
A bill to change the law of evidence lb
this State, so as to allow the Introduction of
Sra’S n ^iScDOT! li R2K!S C0rp0rtt(cd con,pv
A bill to alter and amend the charter of
tho Atlanta and Lookout Railroad Company.
Laid on the table for the present
A bill to authorize the Georgia National
Bank of Atlanta, Georgia, to settle with its
i irivate depositors other IL-an the State of
i leorgia. Committee reported back the bill
without recommendation.
On tho passage of tho bill the yeas and
nays were
'PK
tern and
The Speaker announced that 520 bills had
been introduced into the House; 268 bills
were for a second reading and 410 for a third
reading; 81) House Dills and 4 Senate bills
bad been acted on. Hu suggested tbe pro
priety of holding night sessions for the pur
pose of reading bills the second time.
Mr. Candler was added to the Committee
on Education.
The resolutions relative to the publication
of the public law3 were referred to the Fi
nance Committee.
Mr Smith,of Telfair, offerred a resolution
tendering a seat on the floor to Hon. R. A.
Stanley which was agreed to.
Mr. Tutt offered a resolution to hold
night session, commencing to-night, at 7:30
o’clock nnttl 9 for the sole purpose of reading
bills the second time,'which was agreed to.
The following committees were announ
ced :
Consolidation of bills—Dell, Fort, Reese,
Peabody, Sweamigeu, Young, Jenkins of
Pike, DcLoach, Candler, Smith, of Bryan,
Matthews, ot Upson.
Public property—Lumpkin, Walsh, Jen
kins, of Putnam, Williamson, Calhoun, Grif
fin, Felton, Clements. Duncan, .of Rabun,
Flynt.'Edw.irJs, Taliaferro, Feagin, Hopps.
House adjourned until 7:30 r. M.
NIGllT SESSION.
House met at 7:30 r. M.
Bills read the second time.
House adjourn(“1 until 9:30 A. m. to-mor
row.
SENATE.
IViatoresiiiJ&iiV s, tors.
. At.Jl«- usu»Chear yrcsWnt Trammell
called tbe Senate to mwr. prayer was of
fered' by Rev. Dr. Spaulding. Roll called,
and yesterday’s journal was read.
SEP
Those voting in tlie affirmative arc:
Messrs. Anderson, Block Brinbeiry, Can
non, Clarke, Deveaux, Erwin, Hillycr, Jervis,
McAfee, Nicholis, Wofford—12.
Thoso voting in the negative are:
Messrs. Blanco, Brown, Carter, Crawford,
Cone, Estes, Gilmore, lle.rd, Hester, Hoyl,
Hudson, Jones, Kibbcc, Kirkland, Knight,
W. W. Mathews, Peavy, Peddy, Reese, Rob
erson, Simmons, Winn—22.
The bill wxs lost
BILLS OK FIRST READING
Mr. Simmons—A bill to declare the head
navigation of Octnnigcc river, and lo de
clare the legality of a bridge near the same.
Mr. Ktbbce—A bill to regulato tbe evi
dence in suits for commercial fertilizers.
Mr. Heard—A bill to revive an act to in
corporate tbe Darien Banking Company.
Mr. l lack—To extend tho corporate limits
of the city of Amcricus.
Tbe hour of adjournment having arrived,
tho President declared the Senate to stand
adjourned till to-morrow morning 10 o'clock.
HOUSE.
House called to order by Speaker Bacon.
Prayer by Rev. F. Jackson, Represent alive
from Clarke county.
Tbe Judiciary Committee reported back
the Senate resolution to authorize the Gov
ernor to instruct the Attorney General to
purchase for the State any property sold un
der State execution, with the recommenda
tion that the House concnrin the same at
once. Report agreed to and resolution con
currcd in.
Mr. Mathews,of Upson, offered a rewdu
lion tendering a seat on the floor to Hon. A.
G. Fambro, which was agreed to.
BOUSE BILLS OX TniRD READING.
When money, which has been raised out of
one of the parties litigant by execution is im
pounded in the hands of the Sheriff to abide
the final decree in a bill filed by- defendant
in execution against the plaintiff in cxculion,
and a decree fa had directing, among other
things, the money to be paid to the plaintiff To provide for the payment of insolvent
infi. fa,upon his“turning over to Aelson crimi * al cost8 ia Marion, Butts, McDuffie,
Wt, the complainant, all the papers, notes, Douchcrty, Wilcox, and Lincoln counties,
and executions, and all other papers in said Hoge.of the Judiciary Committee, recom-
cause, on or before the next term of this men( j s ag a substitute, a general law on the
SJaoXSte%ntiff r«.fa"o B asKd subject applyingto eachcounty. Afrer dis-
of April, 1844, and whatever of these notes,
executions, and judgments that were obtained
on said notes, the said Goode shall fail to
turn over to Tift, the amount being unsatis
fied of such notes, shall be deducted from
the amount of this finding;” and the
plaintiff in fi. fa. permits nearly twenty
years to elapse without complying with the
condition upon the performance of which
hfa right to receive the money impounded,
enssinn, the substitute was lost and the bill
For the relief of 8. C. Shivers, tax collec
tor of Hancock county and his securities.
Passed. .
To provide for the payment of John Majer
balance due on portrait of Howell Cobb.
House went into committee of the whole.
Mr. Pierce, of Hancock, in the chair, Ut.U3
rose and rej o. ted back tbe bill with the rt com
mendation that it do pass. Report agreed to
and bill passed.
For the relief of Samuel Weil House
went into committee of the whole, Anderson ,
of Cobb, in the chair. Committee rose and
reported back tbe bill with the recommenda
tion that it do not pasx On motion of Mr.
Hogc, the bill was tabled.
Jo suspend the coliretion of the Stato tax
for 1873 in Miller county. Lost
To authorize the Ordinary of Glascock to
levy a tax to bnild a Court House and Jail.
Passed.
To amend section 4522 of the Code.
Mr. Anderson moved to indefinably post
pone.
Mr. Tutt offered an amendment that the
provisions of the act shall not apply to cock
lighting where the cocks, immediately after
the killing, arc prepared for the table, and
not apply to fishing with bearded hooks.
The motion to indefinitely postpone was
lost by yeas 57, nays 72.
Mr. Turnbull offered an amendment to
strike oat ml relating to “dog fights” and
cook fights.”
Dougherty.
MONTGOMERY, J.
1. In an indictment for murder by shoot
ing with a pistol, it fa not necessary to aver
that the pistol was loaded with gunpowder
and a leaden bail, or that the fatal wound
was inflicted with a ball.
If the indictment state tho offense so plainly
that the nature of it may be easUy under
stood by the jury, it fa sufficient.—Cods 4535.
2. Where the Court examines a child to
test its competency as a witness, and pro
nounces it incompetent, it must be a very
flagrant case of error to authorize thfa Court
to reverse the judgment. The present fa no
such case.
3. H the State give in evidence the con
fessions «f tho prisoner, he fa entitled tc
prove all that was said by him in the same
conversation, but not the impressions made
upon the mind of the witness testifying to
the conversation, where such impnssions are
the mere deductions of the witness drawn
fr ^The iury £ cannot,' by recommendation, | . Mr. Hunter—For the relief of J. R. S. Da-
fommnta thq punishment of murder from 4ii| of Thomas County.
The report was agreed to by yeas
nays 55.
The vote on the passage of the hill stood
yeas 77; nays 63.
The Rid teals (colored and white) voted
against the bill.
Mr. Mercer moved to take from the table
the bill to incorporate tho Arkwright Manu
facturing Company, of Savannah, which
prevailed.
Mr. Turnbull moved to strikeout exemp
ingclause. 1
Pending argument of Mr. Walsh, the
House adjourned until 2:30 r. |c
HOUSE-AFTERNOON SES5I >N.
House met at 31\ it.
Mr. Shi offered a resolution tendering
seaton the floor to non. R. P. Trij.pe, wit
was agreed to.
BILLS OR FIRST BBADIKO.
The bill was passed by yeas 84; nays 35.
/To. create a Board of Commissioners for
county. Passed.
To authorise administrators and other fldu-
Hon. E. R. Harden, Judge of the County
Court of Brooks.
S. H. Hardeman, Judge of the County
Court of Wilkes.
RESUMPTION.
The bill to repeal an act to exempt two
hundred dollars from taxation was taken
from the table.
The Committee on Finance recommended
a substitute in lieu of the original bill.
! Dill be indefi-
u-ry agents to Invest in the capital slock of
tit- Hank of Amcricus and the National Bank
'loAj-tncrictis. Tabled for the present
To crcalo a Board of Commissioners for
tO: counties of Warren and Glasscock. “ tt’ar
ren” stricken out and tho bill passed.
JTo creato a Board of Commissioners for
postpone pre-
liPTay county. Amended and passed.
To create a Board of Commissioners in
Walker county. Passed. •
To create a Board of Commisstoncra for
Terrell county. Amended by inserting
"Gilmer county.” Passed.
To require Superior Courts to give judg
ment without verdict of jury on all eases
founded oa contract, where there is personal
service where there h no issuable defense filed.
Mr. Anderson moved to indefinitely post
pone tho bill.
Messrs. Mercer, Looglcy, Peabody and
Piereu favored the p: t;ago of the bill. Mr.
Andereon opposed it- passage.
The motion to indefinitely ;
vailed, Yeas, 57; nays, 44.
To authorise R. L. Wbito to peddle with-l
out a license. Passed.
To authorise the officers, agents and cm-
Joyces of the Atlanta Ico Manufacturing
jompi'ny to work on the Sabbath day.
Lost
To incorporate the Home House Building
and Manufacturing Company of Atlanta.
Passed.
For tbe relief of W. J. Spcarcs, of Fulton
Icounty. The House went iuto the committee
of the wjtolc, Mr. Hogc in the chair. The
committee rose and reported back the bill
with tho recommendation that it do pass.
Report agreed to and the bill passed. Ap
propriates $300 for scrvic s to commissioners
Mr. Brown moved That the
nincly postponed.
After a lengthy debate, participated in by
Messrs. W. P. Mathews, Peavy, Jones, Craw
ford and Brown.
On the previous question being called, the
vote stood—yeas 22, nays 15. The motion
to indefinitely postpone prevailed.
Tho Committee on Enrolcmcnt through
their Chairman, Mr. Hoyl, reported a number
of bills enrolled and ready for the signature
of the officers.
Messago from the House, stating that a
number of bills had been passed by that
body.
On mo ion, the rules were suspended and a
bill introduced by Mr. Kibbeo to provide for
grants of land that had not been granted or
bad reverted to the State.
of Hine’s Legal Forms, was referred to the
Judiciary Ommiltcc.
Mr. Fort of Sumter was add d to the Ju
diciary Committee.
Mr. Clements offered a resolution Vendbring
a scat on the floor to Hon. John W. H. Un
derwood, which was agreed to.
Mr. Black offered a resolution tendering a
seat on the floor to General Phil Cook, which
was agreed to.
Mr. Rjper offered a resolution that here
after the House meet at 9 a. m. which was
lost by yeas 60, nays 67.
House adjourned until 2:30 r. u.
BILLS OX TIIIItD READIKO.
who took ia charge the books of the Wes
and Atlantic Railroad.
MOTIONS.
Mr.Nicholis gayi 'entice that lie would
move to rcoonriaerao much of the journal of
resterday ns refers to authorizing the Georgia
National Bank of Atlanta to settle with its
depositors other than the State.
Mr. Brown stated that ho would support
the motion to reconsider, under the idea that
the assets of the hank be divided pro rata
between the creditors.
The motion to reconsider prevailed, and
t motion of Mr. Nicholis, the matter was
referred to the Judiciary Committee.
REPORTS OF COMMITTEES.
Mr. Reese made t: report on an educational
bill.
Mr. Hillycr, ehairman of the Committee
on Banks, reported back several bills.
Mr. Hoyl, Chairman o! tbe Commit lee on
Enrollment, reported several bills enrolled.
Bills on second reading were taken up, read
and referred.
Message from the House informing the
Senato of the‘patesgt of a number of bills
by that body.
Air. Nicholis moved the suspension of tho
rules in order to iutroducc a resolution direct
ing tho Governor to institute suit against the
Mayor and Council of the city of Atlanta.
Mr.Uilmorc—A resolution that the Gcncr-
Asacmbly do adjourn on Saturday the 15lh
insL
tin motion the rules were suspended and
Mr. Estes introduced a bill to incorporate
tho Byars Manufacturing Company of Gaines
ville.
Sir. Black—A Mil to apply the provisions
an act for tho collection of insolvent costs
Northern District lo District.
Sir. Alathews (25lh)—A bill to declare the
ttuo meaning of ecction 2059.
Also, a bit! to provide for the division of
troperty or administration of estates which
lave I-ecu or may bo set apart under tbe
homestead laws ot this Stale.
Sir. Hillvcr—A bill lo repeal tbe act which
make-3 insurance companies liable in certain
esses.
Also, a bill to amend the act authorizing
the building of abridge on the old piers of
tbe Western and Atlantic Railroad across the
Chattahoochee River.
Sir. Lester—A bill to provide for tho time
of holding the Superior Court of Chatham
county.
Mr. Giltuorc —A bill to provide for the sale
of the Capitol Building and Executive Man-
of :
ini
sion in the city of Atlanta.
., a bill-p
A bill to amend the Constitution of this
State,.so far as to prevent tho payment of
certain illegally indorsed bonds.
Sir. Trammell thought that the business
might be expedited as much by leaving tbe
bill over to the next session of the Legisla
ture. He therefore moved that the bill be
recommitted to the Finance Committee.
After a discussion engaged in by Alcssrs.
Hillycr, Gilmore and Trammell, tho motion
to recommit was withdrawn.
Mr. Hester saw no reason for a change in
the Constitution. It had been settled and
adjudicated that these bonds were void, snd
no man disputed it. He saw no reason for
the passage of the act
Mr. Peavey saw great reason why action
should be taken now, and hoped that the
initiative step wonld be taken to-day. He
desired tbnt the question should come before
the people and allow them to show their will
in the matter. Let it be placed as soon as
possible out of the hands of the Legislature.
He hoped the bill would pass.
Sir. Simmons felt that neither this nor any
other Legislature elected by Georgia would
ever assent to the payment of these bonds.
Wherever the report sent out by the Finance
Committee giving the history of these bonds
had been read, it had satisfied them that these
bonds were fraudulent and Void.
Sir. BJancc was opposed to the idea of
making this msasure a part and parcel of the
fundamental law of this Slate. The clamor
which was complained of would not cease,
os those interested in tho bonds would be
constantly besieging each successive Legisla
ture to again change the Constitution. He
HOUSE-AFTERNOON SESSION.
moved that the bill be indefinitely postponed
f such haste
Sir. Kibbea saw no reason oh
it would do just as well to act on the matter
at the next session. It would seem that
Senators were afraid to trust themselves. As
for himself, he stood upon hfa record. He
knew of nothing which would make him
consent to pay these bonds in the future.
Pending the remarks, the Scute adjourned
till to morrow at the usual hour.
HOUSE.
House called toorderby Speaker Bacon.
Prayer by Rev. John Jones.
BECOKSIDSRATtOX.
Sir. Summerlin moved to reconsider tbe
biil to amend section 4523 of the Code, to
prevent cruelty to animals, eta
Sir. Smith of Bryan, moved to lay the mo
tion to reconsider on the tnbla
Slotion prevailed. Yeas 72, nays 6J.
Sir. Longley moved to reconsider the bill
to require Judges of the Superior Court to
;ive judgment at tbe first term in eases
ounded on contract where no issuable de
fense fa filed.
Mr. Tutt opposed tho motion to recon
sider.
Mr. Deli moved to table the motion to re-
consider, which motion pfbvutlcd.
Mr. Merritt mote'd to reconsider tlie bill to
allow K. L. White to peddie wttnout license,
which motion prevailed;
Mr. Williams, of Dooly, moved to recon
sider the action on a bill, lost during hfa ab-
■enco. to allow a one-legged soldier to sell
liquors without license in Dooly county.
Point of order made that motion could not
entertained as the journal had been read,
which point was ruled as well taken.
TEX MINUTE SI'EECIIES.
-* Wednesday, February 5,1873.
House met at 2: 0 r. M.
The Speaker announced the following as
the special committee on the biil lo create tbe
office of State Geologist, and for other pur
poses: Messrs. Caricton, Walsh, Mercer,
Jones, of Burke, Peabody, Hunter, Candler,
Calhoun.
BILLS OX THIRD READING.
To provide a Board of Commissioners for
Bryan county. Judiciary Committee recom
mend a substitute. Substitute adopted, and
the bill as amended passed.
To amend an act creating a County Court
in thfa State except counties therein named.
Senate amendment and bill tabled.
To prevent the obstruction of tho waters
of the Canoochcc River or its tributaries.
Substitute adopted, and bill, as amended,
passed.
To allow J. T. Mulkey, of Habersham
coun’y, to peddle and sell “fire killer.”
Passed. ....
To amend ptragraph 1, section 1417 of the
Coda Passed.
To provide for the holding of a Constitu
tional Convention. Slade tho special order
for Rfiltirdaw at IA /iVl/xnl-
Works of Bartow ant .:v. Committee
recommend fivonldv ami' ik.: bill wa:
p»‘fed.
A bill to iucorp ira'e tbe It u-.-wick Bank
ing Company. (Vim rpp Tied some
a u end men Is and ilic btii was pursed.
Mr. Nichol s introduced a bill to allow tho
c X i “[.Bainbridge to issue $10,000 of bonds.
1* !o w ^ onM the County Treasurer
or Muscogee county to advertise in a public
gazette wbr « ver be had any funds to dis
tribute. Passed.
A bill to authorize the Solicitor General,
sheriffs and other county officers of Glvnn
county to collect their ins.fi vent costs.
Passed.
A bill to amerd tin--ct i corporating the
savannah, Griffin and X-.uk Alabama Rail
road. Passed.
A bill to alter and amend sect on 4194 of
the Coda Passed.
A bill to incorporate the Ringgold Canal
l Manufacturing Company. On motion
of Wofford the bill was laid on the
tabla
Mr. Kibbeo as chairman of the committee
appointed to wait upon the Goverqpr and
learn the number of'land g^n.s*sigSed by
“1™ reported that duty dona Received. |
A bill to prov de for the just compensation
of Sheriff). Recommend adversely by corn-
miuea Report agreed to and the bill lost.
MESSAGE FROM IDE MOUSE
To declare that principals lad
acccEsorics before and after the!
before principals in the drat d^free. Lost-
Tore quire owners of raliroad stock to give In
the Tax.Receivcrs ot the county in which they retie.
Lost,
To amend the act prescribing the manner of giving
In land, etc. Lost.
To change Uto lines between the‘counties of Miller
and Early. Lost
To repeal sections 1,2,3 and 4 of paragraph £06
of tho Codo-JPassed.
To abolish tho ofllce of County Treasurer In Burke
County. Substitute, mating the Tax Collector (St
Otlclo County Treasurer, agreed to; and {the hill
TO authorize the Tax Collector to receive debts due
by Burke comity in payment of faxes. Atnendedby
making it apply to Monroe county, and bill passed.
To repeal an act changing tho lines between the
counties of Berrien aud Lowndes. Tabled.
For the teller of IL Best & Son, of Bartow county,
notuc went into cotnmitteo of tho whole, Mr. Pea
body in tho chair. Committtce roso and reported
back tho bill with the rccommci datien that It do pass
Report agreed to aad bill pitted.
To reduce the per diem and mileage ot members ot
tbe General Assembly. Lost
For.the relief o( Wiley Carter. Boneo went into —' ""“I
committee of the whole. Hr. Longley in the chair.
Committee rose and reported back the bill with the
recommendation that It do not p«s. Report agree
to and bill lost.
For the relief of Israel Maples, of Mitchell county.
Lost.
To change the line between the counties of Clarke
and Oglethorpe Lost
To change the line between the counties of Codec
snd Ins in. Tabled.
To define the amount of fines to be collected for
violation of the road laws in Glvnn county. Lost.
For the relief of Dr. M. F. Stephenson.
went into committee ot tbe whole. Mr. Balt in the
chair. Committee rose and reported back tho bill
with the recommendaUon that it do not pass. Report
agreed to and Mil tabled for the present.
To increase the fees of constables in tho county of
stating the passage of a number of bills by
that body.
A bill to appoint a commisioncr of roads
and revenue for the county of Camden. Ju
diciary Committee recommended an amend-
Afao, a frill ;o change article 10. section 1
of tlie Constitution ol (he State, (to remove
the seat of government back (o Millcdgc-
viila)
Mr. Wofford—A bill to incorporate the
Mining, Manufacturing and Immigration As
sociation.
SENATE BILLS OX THIRD READING
A bill to amend section 1977 of the Coda
Lost.
A bill to apply the poll lax of the city of
Thomasville-Iqr educational purposes. Lost.
A bill to incorporate the Georgia Indus
trial and Savings Bank. Committee reported
a substitute which wa3 receivod, aud the bill
passed.
A bill to prevent and punish certain nets
of violence—amended. After discussion the
bill was made the special order of Friday.
Message from the Governor enclosing a
sealed document to which he asked the con
sideration of the Senate In executive session.
Tbe rnie3 were suspended and Mr. Jervis
introduced a resolution, that whereas, N. L.
Angier, late Treasurer of the Stale, made an
arrangement -with me of the banks to de-
posite tho the funds of the State in it, on the
said bank paying him a certain amount of in
terest, and whereas, subsequently the State en
tered a suit sgainst the Treasurer, who before
the trial refunded whatln'ercst had been paid
to him, and sfteward deposited Ibe interest
as it accrued ia the Treasury; and; whereas,
After the suit was dismissed and ihe acces
sion of another Governor, who drew hiswar-
rant for the amount of $7,000, covering tbe
said Interest; in fav -rol said I'reasnrer; and,
whereas, Iipeing considered that said inter
est was the property of the State,
Resolved, That tho Gotcrtor bo em
powered to request the into Treasurer lo re
turn the said amount, and on bis failure that
his Excellency enter suit against him for the
said amount.
On motion, the resolution was referred to
the Finance Commiltca
tin motion, the Senate went into executive
session.
In Ex- cutive session the Senate considered
the appointments of Judges of tho various
couaty courts.
The following named gentlemen were
confirmed:
Hon. John D. Dyer, Judge County Court
of Jasper.'
Uoa Charles U. Andrews, Judge County
Court of Morgan.
Hon. w. T. Vanduzer, Judge of County
Court of Elix-tt.
Hon Frank L. Little, Judge of the County
Court ot Hancock.
Hon. John Henry, Jtdgo ot the County
Court of Pulaski.
Hon. iienjamin .F. Tatum, Judge Ol th«
County Court of Lincoln.
Mr. Dugger offered a resolution limiting
speeches on all subjects to ten minutes.
Mr. Hunter moved to amend by inserting
without the consent of the House,” which
was accepted and the resolution agreed to.
Mr. Peabody offered a resolution instruct
ing the clerk to report each morniDg, after
the reading of tho journals, the amount of
business before the House, nnd amount trans
acted the day previous, v. :, v •« •„ ed to.
BILLS OX TRIED READING.
To require Tax Collectors to pay over
school funds to County Treasurers.
Recommitted to Committee on Education*
To give jurisdiction to Justices of the
Peace and Notaries Public in eases sounding
in damages not exceeding $100. Lost.
To authorize the Ordinary of Butts coun
ty to levy a tax to pay the tuition of indigent
children in 1872. Passed.
To regulate the weighing of cotton and to
provide for the appointment of a weigher.
Mr. Turnbull moved lo indefinitely post
pone (he hill. Lost.
Mr. Tutt moved to make it the special or
der for Friday.
After an c'aboratc discussion, the motion
prevailed.
Mr. Evans moved that 200 copies of tho
bill be printed for the use of the House, which
motion prevailed.
To amend the act to encourage the manu
facture of cotton and woolen fabrics by ex
tending it to iron. Tabled for the present
To amend the act to incorporate the Mad
ison Petroleum Company by changing the
namo to the Madison Manufacturing Com
pany. Passed.
To authorize the Eagle and Phtenix Manu
facturing Company of Columbus to estab
lish a Savings Bank Department. PasECti.
To incorporate the Atlanta Savings Bank
of Georgia. Passed.
To chango the lines between the counties
of Franklin and Hart Recommitted.
To amend the act to create a Board of
Commissioners for Floyd county. Passed.
To compensate jurors in the Albany Judi
cial Circuit Lost
To prevent county officers from buying up
county orders or scrip at less than par value.
Lost
To compensate Clerks and Sheriffs for the
Albany Judicial Circuit for extra service.
Lost.
To repeal sections 1, 2.3 and 4 of tbe net
prescribing how and when wild lands shall
be given ib, and to amend section 851 ot the
Coda Lost, yeas 72, nays 33.
Rules suspended and Air. Nutting’s bill to
provide for the fasuutg of bonds to the
arnonnt of $1,200,010 to meet past due bonds
and bonds failing due, read the third time.
Passed.
To create a Board of Commissioners in
Dooly conoty. Passed.
To regulate the pay of jurors in Dooly
county. Lost
To allow W. A. Cessna, of Cobb county,
to peddle without ticensa Passed.
To repeal tho act to carry into effect the
2d clause, 13th section, 5th article, of the Con
stitution. Lost
To amend the act to repeal the act incor
porating Jonesboro. Passed.
To provide for compensating election man
agers in Chatham county. Judiciary Com
mittee reported a substitute, being a genera]
law on the subject. Substitute agreed to and
bill as amended passed.
To amend the 15th section of the act of
set-off and recoupment Lost
To repeal the act to authorize the Ordinary
of Calhoun county to issue bonds to build
bridges. Passed.
ADJOURNMENT SINE >1B
Mr. DuBosc offered a resolution that tbe
General Assembly adjourn sine die at 12 M,
on the 15th inst, which under the rules goes
over.
BILLS OX FIRST READING.
Under a suspension of the rules the follow
ing were read the Hist tima
Mr. Eakes—To authorize the Ordinary of
Forsyth county to pay over certain money
to the County School Commissioner for
school purposes.
Senate bill to change the time of holding
Merrlwcthcr Snpeiior Court.
for Saturday at 10 o’clock.
To authorize the Ordinary of Newton
county to levy an extra lax for county pur
poses. Passed.
To exempt certain employees of the Macon
and Brunswick Railroad in Telfair county
from jury duty. Lost.
To authorize the surviving trustees of Hall
County Academy to sell the property of the
same and reinvest the proceeds. Pasted.
For the relief of tho Merchants’ and Me
chanics' Fire Company of Millcdgevilla
House went into the committee of the
whole, Mr. Anderson in tho chair.
Committee rose and reported back the bill
with the recommendation that it do pass
as amended. Report agreed lo, and bill
passed.
To create a Board of Commissioners for
Bartow coucty.
Mr. Feagin moved to amend by inserting
the county of Houston, which was adopted,
and the bill as amended passed.
To re-establish tlie Georgia Military In
stitute at Marietta. Tabled. Will be con
sidered on Saturday.
To amend the act to incorporate the Da
rien Banking Company. Passed.
To «mvnd the act to amend the Road Laws
so far as relates to Bibb county. Passed.
To authorize b d ward Doolin to peddle li
quor without license. Lost.
' To allow Ulysses D. Hardwick to peddle
without license. Passed.
To repeal tlie. act creating a Board of Com
missioncra for Glynn Co. Recommitted lo
Judiciary Committee.
For tho relief of JohnMorris,Tax-Collector,
of Habersham county, and his securities.
Passed.
To repeal the act creating a Board of Com
missioners for ilawsou county. Lost.
To amend tlie art to carry into effect see-
ion 8, article 2, of the Constitution. Lost.
To require Justices of tlie Peace and Nota
ries Public to furnish tax receivers with a
list of tax payers. Tabled.
To reduce tbe official bond of tbe Ordina
ry of Houston couaty. Lost.
«For the relief of Dorinda Monck from the
pain3nnd penalties of a second marriaga
To amend tho act creating a Board of
Commissioners in Merriwether county.
Judiciary Committee recommended a substi
tute. Substitute adopted and the bill, as
amended, p issed. ” a *' *
, To regulate the granting of licenses to rc-
4»il liquor In Newton county.
' Mr- Newton moved lo amend by inserting
Jasper county. Agreed to.
Mr. Lowe moved to amend by inserting
Stewart county. Agreed to.
Mr. Jackson moved to amend Gy inaexUnc
Claito county. Agreed i*». B
Bill, as amended, passed.
To amend the public school law. Made
the special order for Friday. Two hunared
copies ordered printed for the use of (he
Uousa
To prohibit bunting or fishing on the Sab
bath day. Passed.
To prohibit the culling of beaver dams on
Muddy or Cody Creek in Webd- r county.
Passed.
To amend the act creating a Board of
Commissioners for Webster county. Passed.
To exempt licensed apothecaries ^from jury
duty. Passed.
To submit (lie question of a removal of the
Court Hctt-c of Wayne county to the legal
voters of tbe county. Passed.
To create a Board of Commissioners for
Wilcox county. Passed.
To prevent ft hi agon private grounds in
Worth county without permission from the
owners. Ru-committcd to Judiciary Com-
mittca
To creato an advisory board of commis
sioners for Lattices county. Passed.
To create a Board of Contmivsiottcra for
Wilkinson county. Passed.
To change the time of the annual meeting
of tlie General Assembly. Lost
To repeal the act as to renewal of cction
within six months after tlie same have liccn
dismissed, non suited, or discontinue.). Los'-
To authorize the Ord ; n wy ot llabun county
instruments. Passed.
to purchase surveyor’s
To amend the act creating a County Court
in certain counties by making it apply to
Mitchell county. Passed.
Mr. Harris was added to the Finance Com
mit'.ea
House adjourned until 7:30 r. m.
KIOUT SESSION.
House read bills second time, and adjourned
until 9:39 o’clock A. si., to morrow.
rnent; agreed to and the bill passed.
A: bill to regulate public education in
county of Glynn. '*-«-» —
Mr. Wofford moved that the bill bo laid on
the tabla Lost.
Mr. Brown moved the indefinite postpone
ment of the bill. Agreed to.
Mr. Deveaux—A bill to consolidate the
offices of Tax Collector and Sheriff of Jones
county.
A bill to compensate Ordinaries, Clerks
and Sheriffs for extra services.
A bill to fix the fees of jailers in this Stata
Passed.
A bill to apportion the fund raised for the
pay of teachers in Colnmbns. Passed.
A bill amending the act incorporating the
Atlantic and Great Western Canal. Com
mittee reported favorably and bill passed.
A bill to prevent the delay of trains on
railroads loaded with live stock. Passed.
A bill to incorporate the Catoosa Springs
Railroad Company. Committee reported
favorably and the bill was passed. N
A bill lo amend tbe act incorporating the
town of LaFayettc, Walker county. Favor
ably and the bill passed.
A bill to authorize the widow of Wm. A
Adams to collect all moneys due her late
husband, as Solicitor General of Tallapoosa
Circuit. Judiciary favorable and the hill
passed.
A bill to incorporate tlie Farmers and
Merchants Mutual Loan and Banking Com
pany of Covington, Georgia. Committee
recommended an amendment Agreed to
and the bill was passed.
A bill to amend an act lo amend the char
ter of the city of Atlanta ami for other pur
poses. Committee reported an amendment
Agreed to and the bill was passed.
A bill to incorporate the town of Morgin-
ton in the county of Fannin. Committee re
committed an amendment—agreed to and the
bill passed.
Mr. Matthews—A hill on its first reading
to repeal ail acts granting State aid to rail
roads where the rights have not been vested
On motion of Mr. Simmons, the Senate
passed a resolution to meet at 3 r. m. for the
purpose of reading bills for tbe first and
second times.
A bill to amend the ma t laws so far as
they apply to the county of Chatham. Com
mittee reported favorable, and tbe Ml was
passed.
A bill to exempt all persons over sixty
years of age from jury duty in this Stata
After a considerable discussion Uio bill
passed.
On motion the Senate adjourned till this
afternoon, 3 r. u.
Irwin. PhniL
To fix tho bonds of the Ordinary, Clerk and Sheriff
of Monroe county. Xoet.
Mr. Peabody offered a resolution tenderin'? the use
waa agreed to.
Mr. Hudson offered a resolution that the clerk read
the caption of bills where committees report unfavor
able. and if report is disagreed to, then to read bill*
third time; agreed to.
House adjourned until 9:30 x. x. to-morraw.
THE NATIONAL CAPITAL
Tlio Mobilicr Hot-Poor Colfax,
tho SrnUer—Uommerce—
Lots of Gossip.
Washington, D. C., February 3,1873.
CREDIT MORILIBR FRAUDS.
The stolen records of the referree in the
suit before the Pennsylvania Courts, between
Col. McCornb and tho Credit Mobilicr, are
now here in possession of an ex-revenue offi
cial. Theywcrcstolen through the agency
of W. P.Wood, the detective, and are for
salo—prico $5,000. McCornb don’t want
them and Ames does not wish to further "re
fresh his memory.” Persons who havo looked
through “ those confounded records” assert
that the disclosures already made public arc
mere shadows compared with what is con
tained in them. They implicate a number
of unsuspected persons, and make clear the
eases of those already in the meshes. The
committees will not have done their whole
duty until these records are made public,
even if they have to be purchased.
TBE CREDIT MOBILISE VICTIMS.
Vice-President Colfax fa a sad picture of
distress; he is morally aud politically ruined.
HOUSE.
House called to order by Speaker Bacon.
Prayer by Rev. John Jonrs.
. 41 r - Williams, of Dooly, moved to recon
sider the bill lo compensate jurors in Dooly
“oUon prevailed. Rule, auz-
peeded. .Hit a nuPaUxuie .d..prcd. end Uio.
bill passed.
Mr. Carlton moved lo reconsider tbe bill
for relief of John S. Linton, which motion
prevailed, and the bit! referred to the Com
mittee on Corporations.
STATUS OF BUSINESS.
and will break down physically under the
disgrace that he himself has wrought upon a
name that even hfa political enemies never
coupled with dollar and cent corruption.
This only goes to show how successfully the
mask of hypocrisycan be worn; but then
the fall when it comes, as it surely will, fa all
the greater. Even while the whole country
is holding up its hands in horror at hfa guilt;
Mr. Colfax, in hfa speech before tho Young
Men's Christian Association, advised young
men to “keep unspotted from the world.”
He no doubt sdoUc most feelingly on this
point, ns he knows how deuced unpleasant a
thing it fa to be “spotted,” as he fa in that fix
himself just now. He denies tho statement
that he expects to prove that his
deposit in bank on Juno 22d came
from Messrs. Shoemaker, G. H. Stuart
or H. B. Bowen, but says that he will fully
vindicate himself. When he_is~«a—«c‘
“■vindicat,” it would be a% well to ex
plain how he came to deposit $40,000 in
bank doling tlie year when ho wkutingly
testified before tbe committee that he was a
poor man with little or no bank account, and
therefore if Ames had paid him $1,200, as he
says he did, he could not have forgotten it.
nEVTVAL OF OUR COMMERCE.
Thus far, Congress has rejected every
The Clerk of Ihe House reported that 521
bills had been introduced iu tbe House, of
which 148 had been finally disposed of, 33
remain for a second reading, 29 Senate bills
are for a first and 44 for a second raiding,
and five Senate ^resolutions. Three hundred
aud seventy-three House bills remain to be
acted on.
InVcctuaVlonaX .
mously reported from Hi;
A GOOD MOVE.
Mr. Lumpkin offered a resolution instruct
ing the Superintendent Of Public Works to
tit up a room on tbe first floor of the Cspltol
building and remove the State Library to it,
which was agreed to.
COMPTROLLER GENERAL’S REPORT.
Mr. Carlton offered a resolution instructing
tlie committee on the State of the Republic
to confer with eX-Comptroller General Peter
son Tiiwcatt as to the necessity of re-pnnt-
ing the Comptroller General’s Reports for
tlio years 1853 lo 1855 inclusive, which was
agioM to.
- I Ttoo rtfolttltofi relative to parctisM^g copies
SENATE.
Tuurday, February 6,1873.
f&nalc met at the usual hour, President
Trammell in the chair.
Prayer by Uov. C. A. Evans.
Yesterday’s journal read.
The bill under discussion ai (he hour ot
adjournment, which was a bill to prohibit the
payment of certain illegally indorsed tonds,
was tuken up, and on motion of Mr. Kibbcc,
it was laid on the table.
Reports of committees received.
3Ir. Nicholis moved to suspend the rubs
that the bill set. apart Tuesday night (re
taken up. Agreed to, and a motion made
that the bill be made the special order on
Wednesday nt 11 a. m.
BILLS ON FIKSTT READING.
Mr. Hillycr— A bill lo amend section
of the Code.
Aleo to proyidc for ibyuncti ns in certain
cases.
MESSAGE FROM THE GOVjEHKOR,
stating that hia Excellency liad Mgned a
number of bills passed at this session.
Mr. Jones introduced a resolution that a
comm it ice be appointed from each branch of
the General Assembly to e\ ttninc into the
amount of business now bef re the bodies
Agreed to and resolution ordered transmitted
to the House. Committee on die part of die
Senate, Messrs Jones and Kit'bee.
Mr. Harris, chuirrann cf (he Committee on
Privileges and Elections, made a re?»ori on
the contested election from the 2d DUirict
between Tunis G. Campbell and II. W M*d
dox. The committee reported dnlfi nator
Maddox, the present T cumb nt, be dec hired
entitled to his scat.
The report was taken up, amended, ami
made the special order of Tuesday m xL
Mr. Arnow—A bill to encourage ihe culture
of oysters in this State.
The House bill to change the line between
tho countic8 of Carroll and llaraleou was
taken from the table, read the third time ami
passed.
, SENATE BILLS ON THIRD HEADING
AJ>ill to provide for judgment at the tiret
term of the court where no issuable defense
is filed. Lost.
A bill to incorporate the Atlanta Car Man
ufacturing Company. Committee recom
mended favorably and the bill was passed.
A bill to allow Mrs. S. C. Sims to adminis
ter the estate of Richard Sims, by gif ing
double the amount of bond of the personal
properly. .
Judiciary Committee referred back, with
out recommendation. Report agreed to, and
after some discussion on the constitutionality
of tho biM, on amendment to provide that
the administratrix be governed bv tho law
governing administrators, and that slio be
restrained from selling the real estate. Agreed
to and the bill was passed.
Mr. Simmons introduced a bill to change
section 3188 of the Code.
Reading bills resumed.
A bill to ctrmgo scctioh 4758 of the Code,
relating to tho city of Savannah, and re
straining tho city fwm issuing bonds as is
Provided for in the section. .Paracd.
A biU to !ncor{*oratb the Jhyenf *ron
RESOLUTIONS.
Mr. Cason offered a resolution inviting
Hon. J. D. Smith to a sent on the floor, which
was agreed to.
The resolution providing for a removal of
the State Library to rooms on the first floor,
was token up and agreed to.
APPORTIONMENT RILL.
The special order betas the considc alien
of the apportionment bill, wns taken up.
Mr. Long offered fen amendment striking
out “Walton” and inserting "Carroll/' iu the
list of counties, where counties have been
given an additional representative.
Mr. Tornbull moved to indefinitely post
pone the amendment, which was lost bv yeas
30, nays 74.
On motion of Mr. Anderson the House
went into the Committee of the Whole on
the bill, Mr. Mercer in Ihe Chair
Mr. Lyon moved that the committee rise
and report back tho bill with the recom
mendation that it do not pass.
Mr. Long’s amendment was adopted by
yeas 83, nays 51.
Mr. Longley moved that the committee
rise and report back the bill with the recom
mendation that it do pass as amended, which
prevailed by yeas 65, nays 63,
The committee rose and rep
bill as amended.
Motion to extend the session half hour,
lost; to extend ten minutes, ost.
Adjourned until 2:30 r. m.
I reported back the
SENATE—AFTERNOON SESSION.
Thursday, February 0.
Fi nite re assembled At 3 v x.
House bills on first reading were taken op.
Af »*er bl Is on first reading were completed, Senate
took np Ho nse and Senate bills on eeeond reading.
On motion Senile adjourned til to-morrow morn
ing 10 A M
HOU3E—AFTERNOON SESSION.
House met at Sr. a.
Mr. Long offered a resolution tc. dcring scats on Iho
floor to Dr. W. H. Rob.rtson and J. K. Jamison,
which was agreed to.
3fr. Du mss offered a reeota fun tender! eg « seaton
Ibe floor to Hon G G. Fljnt, which was agreed to.
The bill to protect the interest pr tho Stato in the
At'anticand Gu*f Rail*cad wea nude the apodal or-
dir for Toe a •’ay next (The majority of the Finance
Committee reported advc: s- to its passage Messrs.
Sbewm ike, McAdhnr Mere or, C A Harris, Tumlin,
L-atcr, W A Harris, Kith* Te, Erwin, made a minor
ity report ia favor of the bill)
Rules suspended sod M <1 to a nthoriz) the Governor
to sell property purchased by the State at calc read
the flm lime.
Lu'cs suspended and bill to change the lime of
holding Metriwetber bnperior Court read the sc cord
time and icfnrcd to the Judi Jary Committee.
ArrdBTlOKXBKT BILU
C msMiration of the apporikmmcnl bill resumed.
Mr. Williamson moved to in<!cfin!t< ly postpone the
ill Lost by yeas 41, n ys ffi.
Mr! Cold Ing uk vod to tU ike out “Carroll 1 * and in-
;*n ‘Tu askl ** Lost by yt*s -1? nays r .7.
/.inordm« nt of the coin iitceef the whole agreed
> by yea* W. nays !9.
The report of the c.ramidec agreed to by yeas, 63-
nays, SL
Tbe bill was p.tssed ty yeas, 93; nays, 43.
The general apprt priaUou act was maOc the t pedal
r *rr for 9:30 a. w. to-morrow.
BILLS OK THIRD KEADINU
Tor peal tbe act changing the lines between the
(tniticsc’f Greene and Morgan.
A message from J B. Park?, prop sting against tho
(ns 'age of the bill was read. Mr. Parks owns l.fiOO
•rlifn
finally in Morgan was
acres in a body—X 0 t en s
put In Greene.
Mr Ut-arJ, of Grera-, m ved to tabla the bill.
Lost
•ihj vo.eon the pafs-.gi of the till flood: Yt as 46;
caya G9 The M.l was lore
XRAKS BUSINESS
Mr. P ercc iflt-e»a resolution that hills be eonsid
cred on tbiid re du g at the n'ght se sltn, which was
agreed to. Mf. I*m re© s a*cd Thai the clerks were np
with the l usnt-f? befor. the if'
Ad j nirned until tfiir. m
NIGHT'6 S.-IO.V.
Honee met .»t r. it
DltlilOS TRiao iuupigo.
To azmni tac Const!ta 1 n by striking out the first
bv tlon of the $ even'll art!dl«, rclatlcg to homesteads.
Lost by yeisTS, nays tS
Tort quire cos 4 ? to be prdtn afltacca to tho cfd<
cots of ih s State L*»st.
To provide for ib-.AWindanpc of witnesses for tba
, _ the
mittccappears to fully meet the requirements
of tlie case.
It proposes the erection or an iron 'Stjtt-
builfftng yard, ivith docks, blast and refining-
furnaces, rolling mills and work shops ’
which ores can be converted Into super’
iron, and everything that enters into thecc
struction of iron and wooden vessels, in
cluding ircn-clads, can bo made on the spot
at a great saving in cost, so that we can com-
Itele successfully with the ship-builders of
I oreign countries. This measure goes to the
very foundation of the ills under which
we suffer, aud is unlike the patch-
work remedies of subsidies and draw
backs heretofore suggested. The bill pro
vides that litis yard must furnish ship
builders anything they may require ata small
advance on cost, which will he much less
than could be manufactured elsewhere. The
vessels built in this yard to be subject to the
use of the government in ease of need. The
plan proposed fa a simple financial arrange
ment on a business basis, and only asks from
the government its countenance and assist
ance, without requiring any appropriation of
money or land. This measure meets with
great favor, especially as there is no odious
subsidy asked for. Tho bill will shortly
come up iu the Senata
CREDIT HOB’LIEB PERSONNEL.
Brother Harlan of the Chronicle has m
; ret risen in liis scat in tlie Senate and askr,
i or an investigation into his case; ncitli
has brother Patterson, the latter, howevi
says he fa going to clear away the apparn
and [unfortunate inaccuracies that exist it-
tweeu his testimony and that of HcpUfal
Ames. He says that Ames made nTbisTKk
by investing his money in the wrong kind of
s ock. Mi duke is pretty good, but it wont
do; explanations thus far have only plunged
tho guiily ones further into tho Mobilicr filth.
So Patterson had belter be warned. Colfax
fa also preparing to explain.
It fa expected that a day or two more will
f lacc Senator Carpenter alongsidcof Colfax,
[arlan and Patterson in the senatorial class
of infamy, on account of a $10,0C0 Union
Pacific Railroad transaction *n connection
with his election to the Sonata Joe Stewart,
the contumacious lobbyist, fa still moldcring
in the criminal’s cell of the House of Repre
sentatives, flanked by a demijohn of whisky
on one side aud a basket of wine on the other,
which he dispenses .freely to his friends and
partakes of himself to keep away the
molder.
IX THE LOUISIANA CONTEST,
before the Senate Committee, both Wamiotk
and Pinchbeck declare themselves confident
of success. The former has every confidence
in the fairness of the committee, and believes
that they will jnstly and satisfactorily report
tbe case to the Senata On the other hand.
Pinchbeck does not dqE<t hut that for pasty
reasons Senator Mortf?4 who is x'uc of Sfb
c»5rmuS2r-Tfii. '*■
them in this contest,” If Senatorraro.iOi, —
has thus prejudged the ease in his conversa
tion with Pinchbeck, then Wannolh fa very
much deceived in his estimate of the
honesty of the committee. Mr. Belden, ex-
Attorney General of Louisiana, has been
summoned before tbe committee This gen
tleman isexpcclcdto mike some startling dis
closures regarding Louisiana politics.
THE NEXT SPESKERSBU*.
Though the discontent among the Radical
members against the re election of Speaker
Blaine fa gaining ground, and will grow
stronger, uulcss lie promises to take Kelley,
Dawes, Garfield, and others, from the caair-
manship of important committees, there ia
no doubt in my mind us to his re-election.
Horace Maynard fa selected as his oppo
nent, and that ot itself settles the question,
ns he is mos(,unpopular, while Blaine is well
liked and so very competent for the position.
SENATOR CALDWELL
is now putting in testimony defending hitn-
seif from the charges of bribery and corrup
tion in hfa election as Senator from Kansas.
It is said by his friends that the committee
will report nearly unanimously exonerating
him on legal technicalities.
AN EXTRA SESSION.
Thoso who favor the commencement ofThc
43d session of Congress on the 4th of March,
propose to defeat some of the large appro
priation bills in case they c sc they cannot
8 ass a law to that effect, so that tho 1 resr-
ent will be compelled to call the new Con
gress together. Ben Butler wants the 43J
Congress to'know ail about the Credit Mo
bilicr, while it is fresh in tho public mind.
His skirts are evidently clear of thfa business,
and he wants to put some of the immaculatis
on his own level.
SENATOR SUMNER
1
i Kf«*j Ufa Superior Court*
n
>f J
h
is
m
fa improving in health and will probably bo
in his seat before the close of tho session.
1IEXRY D. COOK
fa the last namo mentioned n conaectirn.
with the Secretaryship of the Treasury t n
Bop.tTrsH’a retirement. *
