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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. *