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V. SI / p - - MiBroiii0ii« -S, •nr-”—* , FWSUARY *5 MinMA U»i». TfctGownor yesterday «ent ia the »p ■jlypMl <Tul lllhari IT I ■mil fur Ihr f i '‘MtorOenertlship of Ike Eastern indicia] Circuit, and the Bessie confirmed it. irtrj * ^ Oar financial coaditioa ia one of rite] importance, an<l this bond question shoo id be tourougMy understood in all its bearings be fore a cooelarion ia formed in regard to it. We expect to keep aloof from the nutter till we felljr understand the question, and then express oor views fully and fearlessly.—Grif fin ifew. _ J«ka Hraws’i S«W1 la Hsrcklir an. Make way for female suffrage. The Home of ReprecenUtircs in Maineapprovcs it by a Vote of 64 to 34; toe Radicals of-Maesachu- setts bare made it a plank in their platform; ia Montana it is in full blast. Stand down in the hall. Ladies’ arc yon equipped and prrjiarcd for the hustings, the polls, and hardest of all, the modem caucus? Ren ber the foolish rli-gins who took no oil, whose lamps were not trimmed. 8. W. 8mith tj. It It. Brown. Illegality, from Schley. WARNER, C. J. This case came before the Court below on an affldarit ofjllegality.to an execution. The Court dismissed the defendant’s affidavit of Tie* Maniac Hill aad the Deadlock. The crasea of the dead lock, which for acme hoars day before yesterday existed be tween Ibc two booses over the bill to raise revenue, known sslbc Nulling bill, wss this. The Senate wanted the bill so framod os to limit the price at which the bonds could bo sold so as to prevent their bring sacrificed or selling too low in the market. And the warm debate which look place over the ques tion developed Ibe fact also that there was a strong sentiment, opeekdly in the Senate, in favor of making the bonds bear interest at the rate or seven per cent, instead of eight p.TccnL This was supported by the very obvious argument that for the Slate to raise her rate of Interest at this time would bo a tacit admission that the hue and cry on the subject of repudiation has had the effect to damage the credit of the State. The Nutting bill mortgages the taxes of the peo ple for principal and interest, and to put such a bond at 8 percent., would have been a very damaging admission of weakness. This was the idea which, in the main, was pressed, we understand, by Sen ator Hillycr on both conference commit tees, and he finally succeeded in getting the principle incorporated in the measure by this proviso, reported from the second confer ence committee, of which be wss chairman. It is thus left to the discretion of the Govern or to iasne seven per cent bonds only, un less he fln.lr * higher rate ncccsstry. Of coarse, a bond secured as these are, ought lo sell at a high figure. We hope nev er to see Georgia driven to the necessity of toning 8 per cent, bonds upon the market. Mr. nillyer’s amendments also provide for nuking the hoods of one and two or three hundred doUata, so that the poor may boy and bold these very desirable investments. We think Mr. tlillycr did a good thing when be, by one of these amendments, kept Gooroia from admitting by her own action that she was an 8 per cent. State, and by the other put the matter in Mich shape that these hoods can be held mainly by her own people. But are they able to buy them ? illegality, to which he excepted. At the term of the Court a" ‘ at which the judgment against the defendant was rendered on which the execution toned, an order was granted by the Court on motion of defendant (the dain tiff's counsel being absent) allowing him en days to make a motion for a new trial at Chambers. The counsel for plaintiff and de fendant friled to agree to a brief of the evidence in the cue, and no application was made to the Judge within the ten days lo sanction a brief of the evidence, or to make the motion for a new trial in pursu ance of the order granted, and the execution toned. In fact, there docs not appear to have been any motion lor a new trial made in the case or soy superset!eas granted by the Court to stay the execution. In our judg ment, the grounds of illegality to the execu tion were insufficient, end there wu no error In dismissing the same. Bet the judgment of the Conn below be affirmed. W. A. Hawkins, for plaintiff in error. Fort ft Hollis, represented by Dupont Gucrry, for defendant Anon, from Very Mai lt la very sad. The Griffin News is on the fence on the bond mailer. It thinks that matter should be fully understood before a conclusion is formed. The News will be the death of divers papers through this sort of heresy. Our aolghbor, the Sun, is in the same sad fix of wanting toinvealigalcaad of being, oh horrlblo, on tho fence. Men mast go off half-cocked on public measures to be progrewire these days. The bond committee investigated very fully. But the); dlds’i t-ero sll thing? They found out’that iota of the Bullock bonds were illegal, and so reported. But they didn't Investigate and report who were and whowerenotinnnccntholdcraof these bonds. Tho Angnsta Constitutionalist knows of a Georgia widow lady owning twenty thous and dollars’ worth. Ono of the moat bitter journalistic opponents of tho bond settlement thinks that tho two or more mil lions of tho bonds declared illegal by the Bond Committee, and held in Europe, of the first endorsement of tho Brunswick and Al bany Railroad, should bo paid oo the road bciog done. There may be other innocent holders, and they ail should faro alike. The facta can only be found by investigating. Another thing Ibe bond committee didn't investigate was os to tho effect, of these bond complications on (he State's credit, and what was best to do to pay oar debt# and not grind the people down or depreciate property, or suffer irreparable injury. And men who have the State's honor and interest at heart will inquire into and reflect upon these matters. And men who seek to raozxle investigation and dragoon public sen timent will recelro the public condemnation. It will indeed be a pretty paaa when malice shall tie able to torture free and honest and necessary enquiry into a crime and when base aspersions attach to limplo investiga tion. Allen StalUogs vs. The State. Schley. WARNER, C.J. The defendant was indicted for the offense of anon, and charged with burning the oc cupied dwelling house of W. G. Sims on bis plantation, in the county of Schley. On the trial the jury found the defendant guilty, and recommended him to the mercy of the Court. The defendant made a motion for a new trial on the several grounds set forth in the record, which was overruled, and the de fendant sentenced to be executed. Excep tions were filed to the refusal of the Court to grant the new trial, and Ibe case Is brought before this Court for review. We find no error in admitting the confessions of the de fendant to be submitted to the jury, nor in Ibe charge of the Court in relation thereto. The confession* of the defendant were Shown to the Coart to have been prints facie, at least freely and voluntarily made, and it »t error in the Court in submitting the to the jury under its choree as to the law applicable thereto, leaving them to give inch weight and credit to the de fendant’s confessions as they might bdieve them entitled to. The 4311th tho Code declares that the wilful and malicious bunting of an occupied dwelling house by another, on a farm or plantation, or elsewhere, shall be punished with death; bat the punishment may bo commuted in conformity with the i irovkions of section 4257 of this Code. The < 1337th section provides, that tho punishment of death for murder ISMtial rtusclsl Traakle In Use MW Georgia is not the only State tinkering at her finances. Molt of the Southern States are dcvlslog means to pay Radical debts. In Virginia we find that Governor Walker prapoaea to have the Federal government shoulder all the State debts and then atop the States from contracting any further indebt edness. Ho has sent in a message to the Vir ginia Legislature, making tho following prop ositions, and resolutions were introduced to cirry them oat: 1. The assumption and payment by the General Government of all the present legal iadebtedaess of the several States, and 3. To prevent the occurrence of the necca- sily for similar action hereafter, the solemn MIT lor Binuui M-titni uwcnitu, fi.iv at'iwuu urroetnenl by sod between the States to ab stain from tbe contraction of any debts in future, except such as n ay bo found necce- ■wry to the legitimate and effective execution of their governmental functions, or may be required by sudden great emergencies. , 5^, j former of these propositions must be accomplished by act of Congress and the lat ter can only be achieved through an amendment to Ibe Federal Constitution which will require Ibe concurrence of three-fourths of all these States. The Governor requests the General Assembly to invite the co-opcra- tkm of all these States to secure the adoption of three | repositions. Tennessee is discussing all sorts of funding schemes. We find that the following extra ordinary proposition to wipe out the entire bonded debt of the State was introduced at the last meeting of the Chattanooga Board of Trade, Friday night, by Tomlinson Fort, Esq. a member of that body: Whereas, The present oppressive bonded debt of the Bale is destructive to the credit of all who live and do business in it. Bat this Board is of the opinion that repudiation is more to he feared than the payment of the debt. Aod we are further of the opinion, that it Is better for the people of the Stale to pay bonds of doubtful validity and for which Ibc Slate received little or no benefit, than to risk the danger of loaa of credit by what may be characterised as repudiation; and. Whereas, We are of tho opinion that bonded debt is a curse to the peop'e of the State. And it is the opinion of this Board, that It is better for the people of the State that the bonded debt be paid hy a direct tax, parable in installments in one, two, three, four and five years; and, Wberva-.Tbc present bonded system is operatise to put tbe property and liberty of tbe people of this Slate at the mercy of non residents and foreigners. And it is belter that the present generation pay what is now dar. and so soon as the present brads arc pud, that no more be toned; therefore. Resolved, That the above preamble l>c for- warded to our Senate aad Representatives in THE WEEKLY CONS VOLUME V.l ATLANTA, GEORGIA, TUESDAY, FEBRUARY 25, 1873. DECISIONS SOPKEME COURT nr CEOUlill. JkUvcrd ai Alianla, February 18, 18734 Montgomery, J., wu providentially pre in the following vented from presiding suit wu pending at the lime of the passage ol the Act. The plain!ills filed their affida vit within the time prescribed that all legal taxes had been paid on the debts; the affida vit u to payment of taxes is dated April Stb, 187a The plsintifik, oo tbe trial, intro duced the notes m evidence, and the of one of tbe plaintiffs to interroga prove that he had paid the taxes doe oo the notes, who stated that be h'd paid all legal taxes due thereon op to the 13th of April, 1871, so long u tbe clsims were considered solvent. The jury, under tbe charge of tbe Court, found a general verdict fertile defend ants. The plaintiff) made a motion for a new trial on the ground that the Court erred in charging tbe jury "that it wu incumbent on the plaintiffs to prove that they had paid all legal taxes doe by law on tbe notes sued on since the 13th day of April, 1871, u well u before that time,” and became the verdict of the jury was.contrary to the law and the evidence, which motion for a new trial wu overruled by tbe Cour, and Uic plaintiffs ex cepted. Whatever may be our respective views in regard to the constitutionality of the Act of 1870, we concur iu the opinion that the Court wu in error under tbe pro visions of that Act The plaintiffs were only required to prove upon the trial, the truth of their affidavit that all legal taxes had been Mid on the debts up to tbe time of making t u a condition precedent of their right to maintain their suit in Court; they were not required to prove that they had paid all legal taxes since that time. The tone on trial, wu whether the plaintiffs had paid all legal taxes duo on the notes sued on, and the ver dict of the iuiy should have been either that the plaintiffs had paid, or had not paid, all legal taxes due thereon, up to the time of filing their affidavit, and not a ver dict for the defendants generally. The verdict for the defendants generally, and a judgment of tbe Court thereon, would have been prima facie at least a bar to anoth er suit by tbe plaintiffs upon the notes sued on, whereas, all tho defendants were entitled to claim under the Act of 1870, if the taxes had not been paid u stated in the plaintiffs affidavit, would have been that the action should be dismissed. We are therefore of the opinion that the new trial should have been granted on both grounds taken In the motion therefore. Let the judgment of the Court below be reversed. Hawkins and Gucrry, for plaintiffs in cr- W. A. Hawkins. A. U. Brown, for defen dants. murder may be commuted by of the presiding Judge, when the conviction is foundod solely on circum stantial evidence, or if the jury trying the traverse shall so recommend. Now, the question is, which is the proper construction lo be gives to tto 4SUto section of the Code; which punishes the offense of burning an occupied dwelling house with death ? Does it contemplate that the conviction must lie on circumstantial evidence alone, tr does it con template that if the jury trying the traverse shall recommend that tho defendant bo im prisoned in the Penitentiary for life, the vnally shall bo commuted? This qnea- ion it not entirely free of donbt and dif Acuity The 4230th section of the 6Id Code ia the same as the 4357th section of the new Code which the Act of 13th December, 1886, refers to, the provisions of which latter Act are substantially embodied in the 4311th section of tho new Code. As the law stood in the old Code, section 4375, the homing of the dwelling house of another on a farm or ilaotation, waa punished by imprisonment n the penitent's^. By the Act of the 4th of March, 1808, the burning of an occupied dwelling bouse of another on a farm or plan tation, wu punished with death. We have shown that the 4320th section of the old Code, and the 4257th section of the new Code arc the same in relation to tbe Seommntation of Ibc death penalty for murder, where the conviction for that particular specified offense is founded solely on circumstantial evi dence. Then comes the Act of 13th Decem ber, 1880, which declares that in alt cruet in which the penalty prescribed by law, for any offeiue, is death, the sentence msy be commuted in conformity with the pro visions of the 4220th section of the Code. It was not intended to chango the law in relation to the offense of murder, that wu already provided for, but the intention wu to extend the provisions of that section to all offenses punishable with death, other than murder, that is lo uy in all eases other than murder, where the pun ishment ia death, and tbe jury shall recom mend that the defendant be punished by im prisonment for life in the penitentiary, the presiding judge may commute the sentence of death, u provided in the4220th section of tbe old Code, end the 4257th section of the new Code. It will be observed tint the Act of 13th December, 1800, is silent upon the sub set of circumstantial evidence, but declares 'that in all cases in which tbe penalty of death is prescribed by law for any offense the sen tence may be commuted in conformity with the sections 4220,4357 of the old oml new Code. Whatever doubts may exist in our minds u to the proper construction to be given to the Act of 13th December, 1886, substantially embodied in the 4311 section of the new Code, we yield them iaftnorem tUa, and hold and decide that it wu the doty of the Court below, on the trial of the defendant in this case, to have charged the jury that they could, by their verdict, if they thought it proper to do so, recommend that the defendant be punished by imprison ment in tbe penitentiary for life, and that it wu error in the Court in failing to so charge them, and if they had so recommended then it would have been the duty of tbe Court to have commuted the penalty in accordance therewith. Such, in our judgment, is the iroper construction to be given to the Act of 18th December, I860, it being the true intent and meaning thereof that tbe death penalty should be commuted in all cues, other than murder, whenever the jury trying the tra verse should so recommend, u provided in cases ■ f a conviction for mnntir founded solely on circumstantial evidence in the 4330 and 4259 sections of the old and new Code. In our judgment, the verdict of the jury wu contrary to law, in this, that the evidence does not sufficiently establish the fact that the dwelling house wu occupied at the time it wu burned. This wu an essential element to constitute the offense, and is it may be punishable with death, unless the penalty should be commoted by the recommendation of tbe jury, it ought to be clearly proved. The evidence that the bouse wu occu pied at the time it wu burned, ia a matter of inference, rather than of positive, proof, from the evidence disclosed in the rec ord. Let the judgment of the Court below B. B. Hinton, C. B. Hudson, E. H. Worrill, C. T. Goode, for plaintiff in error; C. F. Crisp. Solicitor-General, W. A. Hawkins, for the State. of the State, and not for tbe collection of the county tax, for which it is now sought to make the defendants liable. By the 933sec tion of the Code tbs Tax Collector is re quired to give taro binds—one for the collec tion of the State tax, and another bond with sufficient security payable to the Ordin ary, conditioned f r the faithfal per formance of his duties as collector of the comity tax, in a sum to be fixed by the Ordinary. The Ordinary has the same remedy to enforce the coife-tion of the county lax on this latter bond against the Tax collector and hit securities thereto, u the Comptroller General would have against the Collector for State taxes when in default. Code 550. The securities to the bond set forth in the record never obligated themselves that their principal should faith fully collect and pay over the county tax for 1870, or any other year, but only obligated themselves that their principal should faith fully perform his duties as Tax Collector in collecting and paying over the State tax? and it is alleged in the affidavit that he did collect and pay over to the State all taxes due to tbe State in compliance with bit bond. The 5G14lh sec tion of the Code declares that no replevin shall be, nor any judicial interference be bad in any levy, or distress for taxes, under the provisions of this Code, but the money sought to be cillcctediu this case is not for any ux legally imposed under any provision of this Code or of any other Code, which in law would bind the people of Sumter county to pay it, or the defendants as the securities of the Tax Collector to refund it. The money claimed as a tax, is not a tax under any provision of the Code, because illcgallyfis- scssed os such, and is simply void as a tax, and cannot to enforced.—Reynolds vs Lofton, before cited, 18th Ga. Rep., 47. Let the judgment of the Court below be reversed. W. A. Hawkins, A. It Brown, for plain tiffs in error. W. B. Gucrry, N. A. Smith, for defendant. GENERAL ASSEMBLY. W. C. Epting vs. John Junes. Complaint from Macon. McCAY, J. It ia no good plea to a suit upon a promis sory note that the suit is brought by the true owner iu a fictitious name, it not appearing by Ibc plea that the defendant has any de fence to tbe note. Judgment affirmed. Tbos P. Loyd, C. T. Goode, S. R. Goode, N. A. Smith, for plaintiff in error. No appearance for defendant John T-Crim va. Sarah J. Crawford. Motion to open Judgment, from Schley. WARNER, C. J. This was a motion made in the Court be low to set aside a judgment by the defendant therein. The defendant first made a motion to open the judgment so as to take the bene fit of the Relief Act of 1808. which being overruled by the Court, the defendant then moved to set aside the judgment on the ground that he had never been served with the peti tion and process on which the judgment was founded. The plaintiff then moved to dis miss defendant’s last motion, on the ground that he wss estopped from making it. The Court held that the.defendant was estopped from nuking that motion because be bad made the prior motion to open tho judgment under the provisions of the Relief Act of 1808, and dismissed defendant's motion, to which be excepted. In oar judgment it was error in the Court in dismissing the defend ant’s second motion, on the ground that he was estopped from nuking it on tbe state ment of facta contained in the record. Katop- icls arc not generally favored by tho law, iccauec the troth is excluded thereby. The fact that the defendant made the motion to open the judgment to tako the benefit of the Relief Act, would be evidence to be consid ered on the trial of the tone, as to whether he had been served with process in the origi nal sail, bat it did not estop him from show ing that fact if he could do ao, and we think he should have been allowed the opportu nity to have proved the troth of tho c tot^the jpdem1vit.nl tho Court below be C. T. Goode, for plaintiff in error. B. B. Hinton, N. A. Smith, for defendant. tuulesbcrry, lies pass ft Co, vs. S E. Eason; Same vs. Burton; Same vs. Gay. Factor’s liens, from Schley. McCAY, J. The lien given by the Act of I860 to mer chants and factors upon growing crops for provisions and commercial manures fur nished, docs not extend to a case where a lien is claimed for money advanced, with which Rhe planter is to purchase provisions and commercial supplies; and a note given for money, which upon its face recites that the money is to be used to purchase provis ions, does not create a debt sccurable by the lien provided for by said act. Judgment affirmed. W. J. Barlow ct at. vs. George A. Brown, Ordinary. Illegality, from Sumter. WARNER, C.J. On the 37th day of March 1868, Wheeler, as Tax Collector of Sumter county, together with the other defendants, ss his securities, executed their bond payable to li. B. Bullock Governor of Georgia, and his successors in office, for the faithful performance or his duty as such Tax Collector, daring the time he should continue in office, or discharge any of :thc|dutic8 thereof. Wheeler continued in office under said appointment until after the year 1870 and then died, thccxactlimeof bis death docs not appear in the record. Subse quent to the death of Wheeler, however, the Ordinary of Sumter county, on the 9th day of November, 1872, issued an execution against Wheeler, as Tax Collector, and his securities on said bond, for the sum of $7,8;9 44 reciting that he was in default that amount to the county of Sumter, in not (lay ing over the tax assessed for the year 1870, for county purposes. This execution was levied on the property of the defendants, when the securities of Wheeler filed an affi davit of illegality thereto on the several grounds as set forth in the record. The plaintiff demurred to the defendants’ affidavit of illegality which demurrer war sustained by the Court, upon all the grounds taken, except the one that there could be no judicial intcrfcrrcncc in case of payment in foil on a proper case made, but dismissed the affidavit of illegality; whereupon the defend ants excepted. One of the grounds of ille gality taken in the affidavit, which the de murrer admits, is that the Ordinary of said county of Sumter had no authority to levy an cxtraoril inarv tax for county purposes on the general State tax, for the year 1870, until after such a tax had been recommended by two-thirJaof the Grand Jnty of said county, and that tho tax levied for the year 1870, was for one hundred and fifty per cent, and with out any recommendation of the Grand Jury of said county, and that said tax was levied long after the defendants signed said bond. Tbe Ordinary now stands in the place of the Justices of the Inferior Court, and has the same power and authority under the Code, to levy an extraordinary tax for county pur poses as the Jasticesof the Inferior Court had and no other or greater power or author ity to do so. The Ordinaries of the respec tive counties in this State have the power and authority under the provisions of the 538th section of ibeCode to levy a tax suffi Hawkins ft Gucrry, for plaintiff in error. W. A. Hawkins, 0. T. Goode, C. F. Crisp, for defendants in error. Boit ft McKenzie vs. R. Williams. Implied warranty, from Macon. McCAY, J. When in an action for tho price of sea fowl guano told, tho defendant set up that the article waa valueless aa a manure, and on the trial the Judge charged the jury that in the sale of a manure there waa an implied warranty that the article sold waa reasonably fit for tho purpose intended, bat added that if there was a kind of land that it was not fit for it waa the doty cf the seller to notify the buyer of such unfitness. ■,court w»si right a» m error to gSc in charge that it was the duty of the seller to notify the buyer as to the kind of land tho manure was not suited for. J udgmcnl reversed. W. A. Hawkins, Fort ft Hollis, for plain tiffs in error. W. S. Wallace, Thil. Cook, N. A. Smith, for defendant SEN ATM Tuesday Kearuary 18,1873. S nalc met at 9) o’clock, pursuant to ad journment, and waa called to order by Presi- dent TrammclL Prayer by Rev. Dr. Ketch am. . Roll called and yesterday’s journal read. Bills on third reading taken up. A bill to establish a Board of Commission ers for Paulding county. A bill to authorize the Ordinary of Rabun county to purchase surveyors’instruments. Laid on tho table. A bill to authorize tho payment of insol vent costs in Upson county.’ Passed. On motion of Mr. Jervis, the bill fer the payment of teachers of the public schools for 1871, was reconsidered. 2 The bill elicited a considcsablc debate, and after an amendment it A bill authorizing Ji and Notaries Public to f of their counties with a Passed. A bill to authorize the County Academy. Passed. Talbot, Stewart and Chattahoochee were concurred in. Adjourned until 3 F. K. A hill to define Uic bonds of Ordinaries of certain counties. Poised. ' A bill for tbe relief of thtoJticrcliants’ and Mechanics’ Fire Company of Milledgeville. Pa'scd. A bill to remove obstructions in Reeks Crock. Passed. A bill to prohibit the sate of spirituous liquors In tbe town nf Oxford. Passed. A bdl to provide for the payment of the insolvent costs of the officers of Sumter county. Passed. * A bill to provide for tbe establishment of a Board of Commissioners foe Houston and other counties. Amended bjr striking out Houston and passed. I A bill to organize a Criminal Court in Ma rion, Talbot and Chattahoochee counties. Passed. A bill to create a board of. commissioners of reads and revenue for the county of Cal houn. Passed. *- A bill to amend the chartin' of Lilhonia, in DcKalb county. Passed. A bill to authorize Josiah Anderson to ped dle without license. Laid on the table. A bill to provide a hoard of commissioners for Hart county. Passed. * A bill to charter the Greenwood and Au gusta Railroad. Passed. A bill to appoint a hoard of'commissioaers for the county of Quitman. Passed. A bill to alter and amend tho Road Laws of the counties of Houston and Bibb. Passed. A bill to amend an act to prescribe the manner of incorporating towns and villages in this State. Passed. B bill to amend an act incorporating the Bank of Darricn. Passed. A bill to sllow U. D. Hardwick, of the county of Fulton, to peddle withont license. Passed. A pill to repeal the act incorporating the town of Hillsboro,of the county of Flqydgmd incorporating the town of S^uth Rome in tho same. Passed. A bill to provide for a Criminal Court for Terrell county. Passed. A bill to create a Board of Commission nf Roads and Revenues for tho county of Franklin. Passed. On motion of Hr. Brown, the House reso lution requesting the appointment of a joint committee to wait on the Governor and in form him that the General Assembly had agreed to prolong th« session one day longer, including Tuesday, 18th. Adopted. Senate went into executive session. resumption. « Bills on third reading were resumed. A hill to regulate the commissions of tho county treasurer of Bartow county. Amend ed and passed. A bill to increase the fees of-constables in the county of Irwin. Passed., A bill to prevent banting on the Sabbath day. Passed. A bill to anlhorizo the Ordinary of Hons- SENATK-AFTKBIIOON SESSION. Tuns DAT, February 17,1S73. Senate returned business at o'clock, pursuant to adjournment. Mr. Lester, President pro tan., in the chair. BQXS OX THIRD READING TAKEN Q. A biU Jte> .'authorize the Major and Council of tho town of Bntler to levy a tax. Passed. A bill to incorporate the Covington and Oxford Street Railway Company. Passed. A bill to create a Board (^Commissioners for the county or Wilcox. Passed. A bill to amend an act to organise a County Court for Muscogee county. Passed. A bill to regulate the sals of sp’ritnons liquors in Striven county. Mr Hants opposed the bill bn constitutional principles. Mr. Cone advocated its passage. The bill was passed. A bill to authorize the Mayor and Council of the city of Rome to issue bonds for certain purposes, rasecd. A bill to incorporate tho town of Fort Valley. Mr. Harris moved to amend by inserting that an appeal may bs made before the grand jury. An exciting debate ensued, participated in by a tri angular trio, composed of Mcssr. Harris, Anderson and Rlmmnnt, Hr. XicfcaOa nit lo a point of order, stating that each of tho bio had made triple rpccchca. Tho Frcaident held tho point aril taken, when Hr. June, called the previous question whloh remlt- edlnthepaaaagvof tho bllL A MU to incorporate tho Hacon Dank aad Treat Company. Passed. Abffi to authorize the Tax Collector of Franklin coonty, to tako Scrip foe payment of taxes, raised Abffi to allow Bitty IL Mllchdl, of Meriwether eonnly, to peddle withont licenn. raised. A bill to allow tho Ordinary, Clerk of Superior Court, and other county officers of Donglaas county, reasonable comncnsatlon. Passed. A bin to make it penal to obstruct Middle Hirer, In Banks coonty. Passed. A bDl to allow the Ordinary of the county of Ap pling to build a Court House In Holmrsvillc. Passed. A bin to provide for the payment of insolvent costa ia Terrell county. Passed. A bUl to authorize the (payment to Jas. McNeil of insolvent criminal costs. Passed. A bill to amend an act to establish a Board of Com missioner* for the counties of Lowndes and Haber enrredin. The Semato amendment to the bill to amend the charter of Fort Valiev, was concurred In. Mr. Kirk offered a resolution of thanks to the Door keeper, Assistant Door-keepers, and Messenger, for the performance of their respective duties, which was unanimously agreed to. The resolution recommending Dr. Harrison West moreland to Executive clemency, was adopted. The resolution to declare the 8tatc*s endorsement Of the bonds of the Alabama and Chattanooga Rail road valid and binding, was taken np and lost. Tho resolution recommending Dr. Harrison West moreland was again nconsidtrccd. Mr. Turner moved to s’rfk;.ont the namo oT Brad ford W. Olive, of Richmond, which motion did not prevail. The resolution as am -ruled was d dared edopted. Mr. Reese made the point of order that there was not a quorum present, and demanded tho call of tho roll. The Speaker pro tern ruled that there was not a quorum voting. Mr. Grant moved to amend by lnduding the namo Of Lemuel Cook, of Hall Lost. After elaborate discussion was again taken up and resulted in yeas G3, rays 16. No quorum Toting, the VGte was again taken and resulted In yeas TO, nays 15. The call of yeas and nays was demanded, and re sulted In yeas 71, nays 26, and so the reflation was adopted. Mr. Phillips offered a resolution directing the Clerk to notify the Senate that tho House waa ready to adjourn at 10o'dock,r. Mr. McDaniel c-ffvred an amendment making the hour6o'dcck, r, and that the Houae would ad journ anyhow. Mr. Hudson moved to adjourn to 7:90 r. st, which prevailed. A bill to authorize the building or a bridge between the counties of Fnlton and Cobb, oyer the Chatta hoochee river, on ths piers of the Western & Atlantic A bill to reenact an act to grant certain privileges to the Macon Volunteers. Passed. A bill to provide far the appointment of inspectors of lumber and Umber in the city of Savannah. ▲ bill to relieve L. Dekle, Tax Collector of Thomas county, for 1860-10. Passed. A bill to amend an act to constitute the town of Cnthbert as a city. Passed. A bill to relieve the securities of JG W Thornton. Passed. A bill to amend tho act to creato a City Court for the city of Augusta. Passed. A biU to provide for laying before the Ordinary of Fayette coonty the amount of insolvent costs of that L an act to regulate the distribution ton coonty to hire out. eonv*l»j Passed. A bill to make it penal to destroy l J. W. Lalhrop & Co. vs. B. C. Mitchell. No tice to produce paper, from Sumter. McCAY. J. When in a suit on the indorsement of a A WU to reorganJza the Georgia Military Institute and change the namo to tho Georgia Polytechnic In stitute. Mr. Beese moved to refer to the Finance Commit tee. Motion prevailed. A bill to repeal all local laws inconsistent with sec tion 1EC9 of tho Code. This bill elicited f omc dispute. Tho yeas and nays -ere demanded. Yeas 9, nays 12. No quorum voting. On motion of Mr. Harris, tho roll was called to ecc if a quorum waa present. A quorum was present and the bill passed. A bill to regulate the fees of Ordinary and Sheriff of Muscogee coonty. Passed. A bill to create a Board of Commissioners for A bill to amend an act Incorporating (hr dty of Milledgeville. Passed. A bill to establish free schools in Thomas coonty. A bill to revive an act exempting the cavalry com panies of Savannah and Augusta. Passed. A bill to incorporate the Geneva Pavings Bank. Abffi to authorize Judges and 8heriffi to sell per ishable property. Passed. Abill to allow tbe Recorder of (he city of Augusta ^ . beam* dams in the county of Webster. Passed. A bill to repeal Section 3181 of the Coda Passed. _ . A bill to create the office of Slate Geolo gist and provide for a geological survey. Mr. Reese moved to lay the bill on the ta bic, for the balance of the session. Mr. Erwin called for the yeas and nays, on the motion to table. The yeas were 17, nays 14. Tabled. A bill to make it penal to kill certain game , . „ in certain seasons of the year in Bryan and I 0011001 the Mmc tce * now *Uowcd Justices of the ChatUam counties. Peacc * r " 8wL „uuu.u».u.i „U m MrTlIarrismoved to amend by inserting lorcpcriinzcUaIncrreioiho W of jurors promissory note the defendaot pleaded that Gophers. Thoycas andnsys were deman- taM Ucrcounty. be bad given to the agent of the plaintiff no-1 dcd. Thcycas were 13, nays 14. Lost, and I An set to Incorporate the Columbus Artificial Stono tice to sue the note, and that suit bad not I the bill passed. Comp “f’ r “ , ' ..... been brought within months, and it be- Abill to incorporate the town of West A bill to repeal in act to organize a public ichool came necessary for tbe defendant to go into I End, Fulton county. Passed. Iiyetcuifortbecouii'tca of Eminutf, DrolyundGU* the contents of the written notice: I A bill to prohibit the sale of spiritous li-1 mcr. Piiscd. Held, That application to the agent and a I quors within one milcof Ibc Franconia In-1 A bill to ratabliih s Board of Commissioners for denial by him of the custody of the paper is I slitutc. Passed, not sufficient to allow parol evidence of such * ‘ ’ Hr. Turaur mured to strike out the 4th treUou. Motion prevailed—ye«a 45, nays 37. Not a qaoram voting, the calling of the roll was demanded Tt wa* ascertained that 1(0 aesubot* wore present and 75 a'lecnt Tho motion to strike oat j>ravaiiod by yc*> 56, nays 38. On motion of Mr. Pierce, the bill was iaid oo the table. The Senate amendment to the bill to mthorizc th payment of insolvent criminal coats to James McNeil, M of March will act him free, there would not be time for the slow pr *rtsa of the law l o bring out a d«ex»*»n in the cate. There can be no doubl that the HmisC acted lustily in this matter, *nd finds au elephant on its hands iu the person of Its burly captive. “miss stkw»bt’s ball.” On Thursday evening last Senator Stcw- f Nevada, gave a grand ball at Masonic former Clerk of CkaUahoochoe county was con- * Ti mplc, in honor of his daughter. Eight HOUSE-NIGHT SESSION. House met at 7Xr.x. Mr. Smith, of Bryan, offered a resolution of thinks to Rev. John Jones, Chaplain, which was agreed to. A resolution of thanks to the reporters of the At- uxta press was agreed to. Message from the Senate rcceirod announcing that that body was ready to adjourn at 8 o'clock r. x , which was concurred In. Also, resolution to appoint a joint emmittee of two from the Senate and three from the House' to notify His Excellency the Governor Chat the General Assembly waa ready to adjourn #.‘iu die, waa enrredin. The 8pcakcr appointed on >he part of the House, Meters. McKibbcn, Calhoun; and Tcasc’.cy. The committee reported that His Excellency in formed them that he had nothing further to con nicate to them, and that the adjournment met with Mr. Williamson offered a resolution authorizing the Clerk toandit the accounts at such additional Clerics as he may have been compelled to employ in the last few days, which waa agreed to Tho House concurred iu the Senate resolution au thorizing the Governor to appoint an auditor to audit certain chango bills of the State Road. After remat ks by Speaker Bacon and Speaker pro tern. Anderson, at the hour of 8 o'clock the Speaker declared tho Houso adjourned sina die. [WASHINGTON GOSSIP. The Washington Red Man Tells The Constitution What He Knows- Counting the Electoral Vote, GEOBCnA rSKSOKALS. Washington, February 15,1873. Tbe counting of tbe electoral voto took place tin Wednesday last, according to the programme indicated in a previous letter. The day was dork, rainy and cheerless, but the galleries of tbe House were filled to over flowing, and there was a very large atten dance of tbe fair rex. The proceedings were not at sll impressive, and the galleries were deserted long before they came to a close. Nor was there any excitement save when a motion wu made to take a recess until the next day. Then for a time there was a per fect pandemonium in the House. There is a difference of opinion os to tho the coonty or Barkc. Passed. propriety of rejecting the three votes that Abill to authorize the Ord nary ofTroupe | A bill to amend the act to extend tho limits of thr Georgia cast for Horace Greeley. The contents. Prima faciethe agent ispresumed county todrawon the Treasurer of thccoun-lcityof Angnsta. Passed House is too apt to act upon sudden impulse, to have sent the paper to his principal, and I ty to pay c-rtain claims. Passed. I A bill lo amend an act IncorporaUni- tho Athens and to bo carried on to questionable ground ho being the plaintiff, was entitled to notice I A bill to exempt all regular spolhccarians I and Fatonton Rtllroad Comps' y r—s in moments of excitement, while the slowcr- to produce it. I from jnty duty. Passed. I Abilltoprevcntthcsaleof epi.iiuoa.iiiiiuMswilh* moving Senate carefully weighs and exam- Jcdgmcnt reversed. I Abill to repeal an act to incorporate the I In two miles of Dallas. Passed. ines the subject before it. The Houredc- C.T. Goode, for plaintiffs in en or. . | town of Wnrcoboro, Ware county. Passed. | A bill for the sale of property lcvici on to satisfy cided that these three votes should not be W. A. Hawkins, for defendant. A bill to incorporate the city of Dalton. I taxation Fasted. Amended and tbe bill passed. A. U. Kendrick, administrator, vs. Elizabeth | A bill to amend an met to incorporate the | Ravens Applicati in for dower, from I town of Kingston, loosed. Banner. sleCAY, J, 1st. In tbe trial of an issue, on tbe return of commissioners to assign dower, the appli cant for dower is tbe mot ant, and lias the right to open and conclude. 2d. There was in this care no sufficient evidence to justify the verdict, and the judge erred in not setting it aside. Judgment reversed. Hour of adjournment having arrived, the Senate adjourned till 2| r. u. HOUSE. The House was called to order by Hon, W. D. Andersen Speaker pro fern. Prayer by Rev. R. C. Ketchum. Mr. Hoge offered s resolution to appoint a joint committee of one from Ibc Senate and two from the House to notify his Excellency A bill to amend section 4081 of tho Code. Passed. Message from the Qovcraor encloslrg a scaled com' mtmlcation, received. A bill to authorize the holders of certain bonds to enforce the same cither at law or equity. Hr. Hillyer offered a substitute for the first section of the bUL Mr. NlchoUs moved to postpone tho bill indefinitely Hr. HUlyer’s amendment was lost Substitute to the original bill was lost. On the vote being taken on the passage of the bill, it was lost On motivn of Hr. Klbbee, the reeolutlon from the counted, while tbe Senate decided that they should be, and under the roles governing the two Houa'S, through this disagreement, the votes were thrown out. On this point a member of Congress remarked yesterday that tbe two Houses were only acting as canvassers, and what would be thought of the canvassers of a local election who should say we will throw out this or that vote? Practically, the three votes cast for Greeley were blank votes, being cast for a dead man, and the some would bold of votes cast for a foreigner, neither being recognized by the Constitution. The rejection of Louisiana’s iswowi. | uvu iruui uie uuu» w muhij i _ in-™ vute was foreseen, but with regard to Arkan- C.T. Goode, N. A. Smith, for plaintiff m I the Governor that thcJGeneral Assembly had n “**' th * t bod 7 w ** rndy to adjourn ^ sucll ^on w# snot so clearly foreshad- error. by a constitutional majority prolonged the 1“”-wra takennp. owed. In conversation witba conservative tV. A. Hawkins, for defendant I present session to and including Tuciday, the I “ ol °”l h0 ot ^ stricken out and jj C p Uu j ican t hjs morning concerning the 118tli instant, which was agreed to. I “ *“»««“- . .... throwing out of the votes of Louisiana Susan Ehcrhart vs. the State. Murder, from I The Speaker appointed, as committee on I A message from the Homo containing a resolution ^ ^j. kanBlu ho said he regarded it as a Webster. the part of the House, Messrs. Hoge and t® advance fire thousand dollars to the State Printer, fitting rebuke to the Republicans of that State McCAY. J. Dorsey. Btown morcd 10 ' wk0 °°' and lnKrt two for their arbitrary and unconstitutional acts, 1. ThisCurt will not interfere with the reconsiderations. thoumnd. Loat andlhought it calculated to do K<»A The Mr. Candler moved in reconsider Iho reso-1 The resolution vraa adopted. evidence before the Senate Committce on discretion of the Judge below, in refusing to I grantTconl inuanwf untei" 'that d'l^retion I lution recommending Dr. Harrison West-1 Hr. Cain's resoluUon thatihe SecreUry of thc h<m- be abused. I morcland lo Executive clemency. The mo-1 ate Inform the House that the Scnato would be ready 2. la a criminal ciusc, after a jury has I lion prevailed. .. _ I to adjourn at 6 r.u..waa taken up. been made up, it it no good ground to quash Mr. Carlton moved to reconsider the Sen- Amotion waa made to strike out G r x and ineert orsetaside the panel, that there is upon it ate resolution declaring theifund arising from 10 rx. Agreed to. one incompetent j ary man, or that daring the I tho sale of the agricultural land scrip not a On motion Senate went Into Executive session, making up of the jury, persona were put up-1 general fund,but a special fund to be used I senate confirmed Hon A R Lamar as Solicitor Gen on the prisoner, as proposed jurymen,whose j in accordance with the act of 1866, which | eral of theEastem Circuit, names were noton the legal jury list I motion prevailed. 3. Section 4588 of Irwin’s Revised Code,! Mr. Cureton moved to reconsider thej-eso- _ . 3. section 4*88 01 Irwin's lteviscd (joue, I jur.uutuuuiuu.wiiu uiv a^ . nillver introduced a resolution allowing the dent to cany Into effect the provisions of the providing the mode of proceeding, if a juror, I lution declaring the indorsement of the I f ^ appoint j. w. Wylie to 530th and 531st sections of the Code in rcla- & by nC wly dheovered evidence found to be bonds of the Alabama and Chattanooga Rail- t J tion to the erection and keeping in repzir the incompetent, after Iho jury is made np and road valid and binding, which motion pre-1 strik, o“ public buildings of the county, etc. withont before the trial, applies as well to a caselvailed. ioscrt^j'lght” as thehonrof aajonmmcnt. the recommendation of the grand jury; but where the State objects to a juror as to an I agbicultoral land scrip. I A resolution waa pawed appointing a committee to when the extra Ux fa levied for any of the objection by a prisoner. , . . The Senate resolution declaring the fund W ait on the Governor and inronn him ihat the Gcn- purposes specified in the 530th and 531st see- 4. The decision of the Judge, as the trior, I arising from xhc sale of the agricultural land I ali AMembly wu now ready to adjourn, tions, the order of the Ordinary levying i n impatincling a jury, m a criminal case, 1 nQl a general fund but a special fund, I on motion the Senate adjourned till 7K o'clock such extra tax should dearly and distinctly a pon the questions of fact, snbmitted to him I 1 ta ^ cn up an( j concurred in. 1 state the object and purpoec for which it is as such trior, (as for instance, as to the bins akrkdufnts to house bills. levied. In all other cases, however, the Or- c f a joror) is final and cannot be the ground I amendments to house b dinarv has no power or authority to levy an G f a motion for new trial. I The Senate amended the House bill to ^ extra tax on the general State tax for conn- 5. if t during a criminal trial, a jury sepa-1 create a board of commiMioners for the dcntTrammelL ty purposes, unless two-thirds of the Grand rate, and the Judge, of bis own motion, take I counties of Houston and ifartow by striking I AmcMaccfromt j ie Hoaec was received containing Jury shall so recommnd, and then the extra notice of the fact and proceed by examina-1 out Honston omnty, and * 888 — notice 01 tne lact ana proccca oy examina- out uuuswu wumj, »uu .uv -vviivu I & rcFointion in which the asked the concurrence of — ------ , , . Ux fa not to exceed 50 per cent, upon the tion to purge the jnry, and the prisoner and ing the oommisstonera to be *™ti» n.rH.™ w^ote- script his time expired^d he ^s givcn - ~ s ■ lo tbe uncon8l uuon- - - - - hfacounrelsay nothmg,and makenoob)w-|umatedi^c^s,jMd^U^mcnd by providmg|^ d ^w^^^^j Awr “ ua WC8UU .i,ra nr hi* re- ^ ~ After rema doqurat sp^chra by Hcuk. Brown an< f efiectively Lovett J. Harrell vs. Nasty A. Culpcpi*r. Ejectment from Webster. WARNER, C.J. The plaintiff brought an action of i jecl- ment against the defendant to recover the nf a (Mrit nf l.nil in fliH 4VHtnt* nf Ike Loriatatnre, with the request that the aarae be laid before their possession of a tract of land in the county of Webster. On the trial of the case the jury found a verdict in favor of the defendant. A motion was made for a new trial on the aevl eral grounds act forth in the record, which was overruled by the Court, and tbe plaintiff excepted. There waa no error in rejecting the evidence of Causey as to the declarations of Kemp, who was not shown to have been in pot—inn of the land at tbe time, nor did it appear whether his declarations were made before or after he parted with bis title to the land, if indeed he ever had any title to it. We find no error hi the charge oCthe Court to r respective bodies. This proposition is mid to have left the Board breath (era, aad action was postponed. The Tomlinson Fort mentioned is a Geor gian. a too of the late famous Dr. Fort, of ■BMgerille. TVe whole Sooth seems in a financial mnd- ga It looks at present as if the two gasthodi of payment proposed by Governor BMtaer and Mr. Fort were all. The one pMstha debt on Uncle Sam; the other taxes the thing right out of the dear people in a Harry. The former would make leza "cassia’ thcjary. or in refusing to charge as rcqaestaL The verdict was right under the law and facts of tbe case, and the motion for m new trrial was properly overrded. Let the judg ment of the Court below be affirmed. C. T. Goode, N. A. Smith, for plaintiff in Hawkins and Gnerry for defendant. Gustams Yolger ft Col t*. B. W. Smith ft Co. Complaint, from Sumter. WARNER, C.J. This wu an action brought by the plain tiffs against tbe defendants on two promis- SENATE—NIGHT SESSION. Senate vaa called to order at 7jf o'clock by Frcsl of certain State bonds passed amount of the State tax for tbe year it is nis counsel eay uounuir, iuu uu uuj«.-, whi,w r- - ■—-.i, .T-nun ■ — — — levied. (Code 543.) If, however, from tion that the examination is incomplete, he for the election of commissioners in March, I to gcrauvecimc Mc|g[ nrn . n marks. His_ speech isa vero good one, had . tUo Legislature of last'sum- any cause there fa no Grand Jury c innot, after verdict, say that the purgation 11873. Concurred in. 1 a...i TTa,,t, .h* rwiinHnn wm r nnmw~4 im .nd frwvt«- been carefully prepared, and was efiectively P® ^ , seemed to be a foregone impanelled, or they adjourn without Sf the jury was not Complete. * TheSenate^^ men ^ ed n thC ? 0 SS n b £ t ?„ P ^ loa was concurred to «id tra^- ^v^ / ftcr brief apiechea had bren iJ^Sindsof p£>pl* Isee taking any action thereon, or re- 6. Whether a party who has announced his I hibit the sale of agricultural products in cer-1 n naM th*t Wv had made in favor of the James River and Frcellencv Gov. Smith, wanta three feiT to make such rcc limendstion COSO zs dosed, shall afterward! be allowed to I tain counties, between sunset and sunrise, by I Hcsuge from the Houe .twin* that body had ^ z.n_.i .a. wi.„.,i shin rt, n .l .nd His Excellency, hot. emirn. wan» jura. sufficient to discharge any judgment introduce s witness, and when during the striking out Jones and Menwethtt and in- obtained agairst the county, or any debt for course of atrial this privilege shall abso-1 serting Mitchell county. Concurred in. | die at 8 p— ... for” Sheltebargers out witsia vim, auu n Sewl873. The question now the payment whereof there is a mandamus, lately cease, must depend on the circnm-l The Senate amended the House bill pro- j Mr. Clin ottered *resolution thzt the thinks of the wia finally laid on the table by a large msj it£e jf how Is the money t > be raised?' In my or the necessuy current expenses of tbe stanoesof each case, and on the discretion of vidmgfor the payment of.chums of teachers senate are daeznd ore btrebyitendered to the Hon. } Jr j t y. It is safe to siy that tbe canal and K mb i“opinion it ought to be done by taxi year, the Ordinary may levy the necessary the Judge, and it is only when decided injus- for 1872,,by striking out 18p and inserting I l.JT. Trammel, and other officers/ir the Senate, cotton tax bills are dead so far asthe present . Pj would* respectfully protest ■ * * ■"* *'• - —^ JAM 4ha? this (intirf trill pnntrol that 11871. striking out the fourth ficctioii. Con-1 Pitied. Congress fa concerned, though Hon. W. v . * * * ^ •* - — against issuing any more bonds in the pre sent status of affairs, because I am satisfied tax hot to exceed fifty per cent, on the State tice is done, that this Court will control that 11871, _ , Ux, for that year, without the recommenda- discretion. Icunedin. .... . . I Hr. Jones returned the think! of Pete HcMichid, Beck will move to suspend the rales on Mon- ^ n , of “affairs, b tion of the grand inry. Fifty per cent, is 7. The burden of the proof showing that I The Senate amendments to the bill to or-1 Mcslen£cr 0 r the Eenite, to tbe Senators In z grace- day next to bring the cotton tax bt.ls before roT own obtervation that tbe people of tbe limit prescribed for the levying an extra a confession made by a prisoner is not vol-1 gamze a County Court in Floyd county were I {nJ mMmer- theHouso. Georgia will notiake the bonds, norconidl tax with the recommendation of tbe grand antary is upon the prisoner, and if nothing I concurred in. .... .... _l on motion, the jouniii of the dry was read and the contumacious witness recommend them to take them. The past has jury, and the Ordinary cannot exceed tost appear to the contrary the confession is ad- The Senate amended the bill eraitag > I approIc d. . - d vifit t0 8tcW art,toe contuma- proven that State securities won’t do totie amount without it, and the order of theOr- missibie as avolnntary confession. County Courtm ’J®. a bin to compensate Daniel Pittman for part ciouswitness, the other day, anil found him to and why not? Because in toe first place dinary mull cases should dtsUnctly spedfy 3. Confessions of guilt may, according to andI Miteheli byaddrag the county of Early, Ho qaoran , oUDft . cllCcrfu i it nm contented. He has lost lh e pmchaser msy buy a bond that after toe object and purpc»e for which toe extra their nature be direct or circumstantial evi-1 which was concurred in. i hour ot ad joernmeet hiring irrired, the Prcil- much flesh since his confinement, and his ward may turnout to lie unconstitutional, tax is levied Code, 5-jO. The tax levied by dence. If they be of facts, directly I HON. w. A. m’dougald. I dent to declared, and fedingy add'ceecd the Sena- complexion fa lw mudily than when he null and void. Even if the bond be const!- “ c Orumarj- or fciumter county .tor the admitting the commission of _ the I jjr. Hudson offered a resolution tendering 1 ton as follows. In tubstance: lookup hfa quarters in the Congressional tulional, the State may bs unable to pay as y®" 255' * or .® oa “ l y £?r£? ! "f’p ei “ g ,?“ crime charged they arc dirc P l I a scat on the floor to Hon. W. A. McDougald, I Gentlemen—Allow me in this parting hour tx> cx- “coalhole.” This is not to be wondered at. in tlicc*se of Virginia, or don’t pay as in the extraordinary tax, was levied without the evidence, but if the fact confessed, l>e only I wll j cb wa8 agreed to. I press my heartTelt graUiade for tho marked rwpect The room a in the basement of the Capitol, case of Georgia. Daring this month lhave ^mrodmton^of toe^grand^ury^M re- sere against Atlanta. CJ^t^rao'r£Hl. ,hl * . r “ h “" grated windows, opening only upon bccnc.ffcrcd (rnsldoc bood. .IMptTCCUfc * * * “* . «W>. * J V S . I-.: 1 Thn finniln Mcnlnlinn iliroplimv f hi* fLtv. I mi* K»TCi im'ICU UIten u^u SUIT AGAINST ATLANTA. art cart, S»«»» Stag u«, ~q. Wh^>'m7rdCT~l^Tlrangul»ti^ was) The Senateresotafan dirorttog toe Owr-, — — UIb|n dioe ^ to womd lh . „<( thereUncitber gilmiwcofsky nor current v' . r 1 nfMienrvnn T nn« mn hint. It (Mtfnrc * * ‘ hundred invitations were issued, and toe en- talnmeni was given on the grandest possible scale. The nipper alone cost fivo thousand dollars, and the decorations as much more. The Botanical Garden and the Congressional Conservatories were levied on, too former contributing banana trees in fruit, orange and lemon trees, and an infinite variety of tropi cal plants. Theexposurcof tocso Irccs and plants taking them from and to the gardens, where they are under glass, risulls in killing fully half of them so that a fair estimate of the loss to too government would bo fully five thousand dollars. In other words, the people of this c untry, the tax payers, contributed five thousand dollars to add to '.lie ecf.it of “Miss Stewart’s ball,” as the papers here term the affair. Not many years ago Stewart waa a bull-whacker on the plains; now he is a Senator, and worth two or three millions. One can see how men like Pomeroy can af ford to pay $100,000 to secure an election to tho Senate. the handsomest man in the house. Walking down Uic avenue too otocr day I overtook a Congressman, accompanied by a pert little woman in widow's weeds, en route to tho Capitol. The lady was talking at a rate that would have put McDhonc, the lightning reporter of toe Globe, to liis trumps. She said she bad a charming young lady visiting her, who bad lots of money, and she wanted her to have a good time. “I want to introduce her to toe handsomest man in the House—who do you think that is?” she en quired, looking up into the Congressman’! face. -General Young,” was the reply. -I think so too, said toe lady with empha- Here I passed the couple and heard no more of the conversation. PUBLIC BUILDINGS. In the discussion on toe appropriation for a pnblic building at Memphis in the House last week, toe question being on too State ceding ita jurisdiction over toe property to toe General Government, toe fact was elici ted that where a State cedes such jurisdiction a place is left where toe criminal laws of the State are not in force, where pick-pockets, eta, cannot be arretted by State, or city, or town authorities, and where ever the mar riage laws of a Slate do not operate. The bill for the public building at Atlanta pro vides for'he ceding of such jurisdiction on the part of too State; but it is proposed to mss a general law establishing concurrent urisdiction to meet this and other cases of ike nature. to be _ faith of L forta»ls,f good faith of States to rMtnpam, wfaidk » fortunately they can’t njy Mm* Mtiticians may **’**—IT : uta of this ooantqr aad and may think In that ardour that investor* will be euarto nr dare doubt the good faith of the peoad eoro- monwcslth of toe State ot Geossla.*' etc. etc., etc., forgetting that that does aot «. banco their intrinsio value, 'nr neoMeefly inspire confidence, eiaee their argnrotMisa unfortunately lost, for they never neck fi class of people who, after iH,are to be Be lied on to cany yonr boodr—naMtr, Ai masses of Europe. To reaoh then MVthi done through toe b*phm of New Teefc, London and Frankfort; foe a* a dMa- guished gentleman ot our State «Wl.i»n fn the late Agricultural Convention,held is ttk city, that so little waa known of the Bread of her ;.immonwcalth of Georgia outside „ __ own limits, tost toe masses of the people of Great Britain and Europe did not arm know whether the peoplo of toil State were white, black or copper-cokmd. No, gentlemen, to raise money roe iMtflali " Lited States do as others do, as toe Haiti she employs and pays a bonus to prominent houses in New York, with tho most extensive connections abroad, to nego- doodfvo tiatc her bonds. Again, do not yourselves and think that respectable _ arc eager to undertake toe negotiations fer you. And why not? Because there are fifty dollars wanted by States, cities, rail roads, manufacturing corporations and pri- vatc parties when there is one dollar to be loaned. The question then arises whether tho capitalists of tho world are reedy to ‘■a* our bonds. On that point, his RxoeUsnqy Governor Smith is better advised th»» I oil If the State finds that her bonds cannot be negotiated, in the present state of should she be surprised ? Suppose it was dis covered that toe United States bands had been fraudulently issued, yea, were unoonstltntioo- al, null and void, even though It Was snch an insignificant amount as one million dollars, and Congress should refuse toreoogaiietheni^ MARION EETHUNB is aim nosing about Congress, with a view to getting a donation of fivo thousand dollars or so of back pay. It is not thought bo has any legal right to it,and it is doubted whether Congress will make toe donation. Ho will irobably abandon the idea of contesting larria' seat, now that Congress has decided not to offer any farther pecuniary induce ments to undertake Jobs of this kind. BRICK VS. GEORGIA STONE. The bill providing f r a public building at Atlanta provides that itshall be built of brick. Mr. Mullctt, toe supervising architect of the Treasury Department, expressed himself greatly surprised at this, lie says a first- class atone can bo bad in the vicinity of At lanta, while too brick will be sbipped from tho North, and he ia rather disposed to think there is a job in this brick business. A JUST MEASURE. The House Ways and Means Committee have decided to report » WU for -funding to persons in too South, whoso property was sold 'fof tUStr, the amount’received from such sales, exclusive of cost of sale and axes due. The amount involved is tome 4700,000, which ia now in the Treasury. The m.osurc is a just ouc and should meet the approval of Congress. COLFAX. It is proposed lo send Schuyler Colfax lo the Vienna Exposition as a model of toe high-toned, moral, Christian American states man. CONGRESSIONAL NOTES. how many of the three hundred mflHrw Mr. Boutwcll is now trying to plaoa fn rope do you think the capitauata would take? Not one. On the contrary, the mam ot American securities held aorotd would be sent home by toe first steamer, for each hold er would be fearful that his bond wu one ot the fraudulent million, and if not, be would not rest content, foarfnl lest toe next Oon- gress might decide other loanee to be anocm- stilutional. Capital ia moat timid, and aver takes wings and files away whan them is no danger; hence lam not at all inrnrtmil to loura that tho new eight per cent, bonds re- commended in Mr. Nntting’e bin cannot bcsohlatovcrGOtoOScenteontoedcHar. Bat I am told that toe Governor and Legislators will be rclievqd of til financialembaamnntot if they accept Mr. Snead’s jiropoiiltjctyo. knowledging $1500000 repm It, therefore, resolves itself into a of economy. If the State finds that _ pay Mr. Snead, (toe representative of vent holders of her disowned « $1,500,000 bonds to negotiate ber can make money thereby, then 1 hesitate to pay that boons, if eventually would be laved to and we would have toe proud H knowing that Georgia had redeei gations though fraeaulentiyli have the innocent holdos humble opinion, a sovereign to do this To be sure. It m for us to talk about oor hoc and the fair name of onr wealth being withont State, wc may have the strict integrity, that of oou sired above all things; but State credit, is very sensitive, t integrity and good faith avails nothing it, or so long as capital refuses lo trust our promises to pay. Again, if thcBtatocan pay this bona of ono million and a half dollars and save money in the end, then why should ibo re fuse to do so ? But I had not been prepared to learn that the State would attempt to imoa new bonds for this generation at lcaat, since declared these fraodnleat Hon. E. W. Beck lias introduced a bill for the relief of Edward Gallagher, of Augusta, Georgia. _ _ • General DuBosc has presented a petition from citizens of Georgia praying for too re peal of toe taxon pcrlumcry and proprietory medicines. Tommy Hacck. tho lost Legislature t bonds not binding on the State. I had im agined the present administration would ran the Stale on her own reaourccs,meeting the ex penses of tho State by taxing toe people. Nor should money be spent until it is provided; and three dollars per capita will give yon three millions of money, and then yon will not want credit; and too idea of taking credit'd the very capitalists who now hold these fraudulent bonds and expect to get it except ou their terms ia simply preposterous, will lose more than GEORGIA BONDS. T. P. Branch, a Leading Banker of Augusta, Favors the Bond Settlement and I fear the Stito • $1,500,000 by not accepting Mr. Snead's prop osition. If the people had ralhor pay throe millions cvenlutdly, than one and a naif now, why, that is for them to decide, and the present holders of these fraudulent bonds will be the exception to creditors, if they don't try to mako'it up in some other way out of the State, for I would beg you to remember that declaring these bonds " ' * Privileges and Elections, concerning the elec tion in Louisiana,certainly makes a shameful exhibit of frauds and corruptions on toe part of the Radical ring which has fastened itself on the vitals of that State. The condition of affairs in Arkansas, as revealed in toe inves tigation before the same committee, was nearly as bad. Such arc the fruits of re construction. TUB CANAL RILLS. On Thursday the Committceon Commerce reported to the House all toe bills before it for internal improvements, some ten or twelve in number, but did not recommend iresent action. In lieu thereof, Mr. Sheila- larger, the chairman ot the committee, pre sented a hill, similar to one laid on the table a short time ago, for establishing a Board of Commerce, to lie composed of members of Gffick of Branch Sons ft Co, 1 Bankers and Cotton Merchants, > Augusta, Ga., Feb. 13,1873.) lieurt /. IK. Avery and B. T. Clarke, Editor» OomlituUm: Gentlemen—Your letter of toe 5th inst. was duly received, but overlooked until now, amidst the press of other business. As re gards the bond question now agitating the Legislature and toe people, there seems to be but one opinion, and yet the public mind is not at rest. All say that too indonemts of certain railroad bonds by Bullock arc uncon stitutional, null and vcid, and that toe State bonds represented by Mr. Snead are null and void. So on these points toe people of this State at least seem to be agreed. Aafor myself, however, not bang a lawyer, I would not presume to speak. I am free to say, however, 1 would prefer to have the decision of tbe Courts of our State since I understand that New York and Frankfort bankers ami European capitalists are not sat isfied. You may argue that to be most natu ral, since it little matters to the innocent holders whether their bonds be unconstitu tional or not, though yon quote all the legal authorities to sustain you; yet they are not reconciled, and are apt to call you repudia- tors, sue all other hard names. Yon msy say no one will care for that since toe people nf Georgia arc innocent of any fraud “Mri'prto'°w»SteUrf'twrot^ute*,but V™'propose to fl*“k*!»utthose bonda before he had got to the end of his manu Aa I comprehend it, the question of imme diate moment to us, i#, for the future credit defendants"were no. lizbtc on their bond. ^VyI a5^.C fo7".mouir'cl^mM- nm te hare I» 'TX““ i“ 2? Reynolds vs. Lofton, 18th Georgta Reports, ^d toc priioncr confLSl that shJ, at toe been paid by them on toe Opera Hausc. Dun®= "Lt 47. The Ordinaries m this State have suggestion of toe active and leading mur-1 Mr. Hqgc thought the resolution no; ccra-1 !STi not a roving commission to IeTy derer, stopped the deceased's cries by patting I siry. Senator There was no necessity for a ‘suit | "to™ me the ,ltzlit«t_ankindn« or dur<»pcct._ I taw. when it wu established tost she »u|ttitjoo,ne and mu. stall hsje a wsim persoraJ i liable. He wu willing to have the matter I friend In me. [Applzcse.] Hay God blest jou. I roll. ro.«,ii.»t«l Tho Stain menu- ho I This mar he oar last meeting oa earth, jet I pnj collect taxes from toe people. SSl o,?r™S ra ihecHy of Atianta w^ld be willing W without authority of law, Imt ran on- uken u direct evidence of guilt, and not u | meet all her liabilities, withont resort to toe | “ ly do so in the manner prescribed by the circumstantial only, law, which should be toe governing rule for - - - their conduct in levying taxes for county purposes in all cues. Incur judgment, toe original and amended affidavit of the defend ants u to toe payment of toe tax to toe for toe State.' I advance to state printer. county, wu sufficient, and thAt toe Court | _ , , . .... thstjoehiradoaerighL Itidyoa, Scutots* Sail erred in sustaining toe demurrer thereto. ™ “ Mr. Pierce offered a resolution authoriz.ng tow dl. and declare the Senate adj-mraed star die The aTermeats of payment were sufficient to Chief Justice Chase,—The great change the Governor to advana $>,W0 to toe pub-1 [Applause ] have formed an issue thereon to have been made in the personal appearance of toe Chief lie printer, which prevailed, snbmitted to toe jury. But there is still Justice by the cultivation or a beard is the public laws. another view of this case, which it fatal to subject of much ruoark among those who Mr Mark A. Hardin states tost he will the right of the plain tiff to recover toccounty visit the Supreme Court rooms. The voice have ^ pa bn c laws out by the 25th inst. tax from the defendants on this bond. This! of toe distinguished judge has also lost its senate amendments. is a bond executed to the Governor for toe fullness since his illness. We trust that his 1 SENATE amendments. SENATE AMENDMENTS. . had not paid- all legal taxes dnl\“aUhful^tox^M oTthe'datira oFtmI physicri vfgb)is steadily improriug.-TKaaV I Thei Sc^te amendments.to attUbk s thereon u required by toe Act of 1870. The | Collector in toe collection of toe general tax' inpfcm Chromcie. Criminal Court in the counties of Marion; HOU=E-AFrERNOON session. House met at3r.it. Hoe ecncarridln Senate amendment to bill to regulate the comm'a tana of County Treasurer of The Senate trill to amend tho tax lom (Senator Rccac'o MB) was tahen np. unconstitutional does not destroy the instrument. Tho Statejn her power, has declared them nnll and void. If she could compel the holders to give them up, and cancel these fraudulent evidences of debt, that might be well; but I beg to ask .hat the State won’t cvcntua them? on toeir part Now, as regards toe railroad ^ o'ftoedTfta* l^toe1ta ra u^^ question, and gave the friends^ of the differ- hcrse j f> ^vise her action thereon; hence. I Can you assure the people that iSSr Btptv- sentatives Trill always be of the same high character as now? How do you know that the Legislature may not in time become more mongrel and assume these very fraud ulent bonds. I would beg to ask you how many of the Georgia State war bonds ire in existence? How many of tho holders de stroyed theirs, though the State has repudi ated them. I venture the assertion that nine tenths of what were issued arc sealed up and carefully put away, and the holders Mlcawber-Iiks are “waiting for something to turn up” and are not without hope that they will J» recognised and payed at some future day. Because an act is unconstitutional fa that any guarantee that the people won’t have to comply? have they not had to submit in times past? I tdl you, gentlemen, that I would urgo the Sen ate and the Legislature to get in these evi dences of debt, though fraudulent thev be, the sooner the better. I had rather submit to paying $1,500,000 than be forcod to pay $8,425,000. It is better to bear the ill we have than to fly to others that we know not of, for I am fearful that what fa unconstitu tional to-day may be declared by some fu ture administration constitutional; again I aniot opinion that incase the Republican (called by us Radical) party of toe Worth should demand it of toe present administra tion and it were ncceasarv to keep that party together, that the gen eral government would not hesitate to compel Southern States lo pay every dol lar of indebtedness, whether fraudulent, un constitutional or not, and I have been agreea bly disappointed that some of the bondhold ers have not already applied to Congrem, since the people of the Worth do not hesitate to apply to Congress for anything, rince they seem to think that the general govern ment should be run in their interest alone, and to be used particularly to tyranlze and oppress the South. In conclusion I would urge the State rot to raise money by fc—tng new bonds. On the contrary, stop your ex penses and tax tbe people to pay all expendi tures absolutely indispensable. If, a rcccss'lightcd from abYvc by a transom, say 14 percent, below p»r, and why fa this? * * ‘ Hocausc the State wou’i or can’t p*y. w _ _ This fa very unfortunate. A party who L in the day lime, and the captive finds it nc- a heavy borrower of money ought never to cessary to have a candle on bis tabic when fat bis paper go to protest, and 1 would much writing, s prefer to loan an individual money, who had The heal fr* m the gas and the steam-heat- gone to protest, than to loan it to a S ate cr renders the atmosphere almost insupporta- who had her pit due obligations hawked ble, but Mr. Stewart is a man of iron consti- about the murket—and why? Because I tution and unmistakable nerve, and has made could throw an individual into bac kruplcy, np his mind to bear with equanimity his term of imprisonment, now drawing to a close. His correspondence is very voluminous, and he spends much of h’s time in writing. Usoauy, he has a nnmter of friends with him, and he had so many visitors who in- lures aosoiuicjy lnimpcu&auic. aj, uuworo. the Legislature, in her wisdom, decide* to sell new* bonds to raise money—then if mossy can be saved to the State by paying $1,800,- 000 bonus, then I sbhould pay it, for in addition to saving money, the people would have the satisf.action of knowing that the fraudulent bond?, amounting to $8,4S0JM^ would be cancelled and no longer oat against the State for which our children may ba taxed to pay when we are dead aad gone. Nor could we be mortified by being tannted (thoueh UDjustly) that the credit of white Georgia was as black South Carolina. As you see, gentlemen, we have not con- sidcrcd this question in a cold, legal light,but from a practical business stand-point, and aa though it were a personal one. I am frank tr. admit that the most damage has been done the credit of the State from the fact that the impression has gone out to the capUaifata of the world that, after all, this has been a po litical, if not partisan, decision, aod hence they apprehend that the new bonds, about U> .. « r , T though traded upon him out of mere curiosity, that it was found necessary to deny admittance except by pass. Ur. Stewart has received let ters from lawyers in different parts of the country advising him to apply for a writ of habeas corpus and have the powers of Con gress tested in the courts. This he would do if his term of imprisonment was longer, but as the adjournment of Congress ou the hj issued by the present Legislature, thorn onstilutional and all in form, maybede- or avail myself of all the other remedies at law, but you cannot sue a State even on her acknowledged obligation?, for she shuts the doors of her courts to you and declines yo i access thereto. Now there fa no disguising the fact that the people of the State cannot be relied on to take any new bonds that may be issued, or even if they were so disposed they have not the money to do so. So yon will be compelled to to’out of the State lo float new bonds. You wi:l have to send them to the money markets of the world to have them placed. The question then arises Can you do this? Who will negotiate them t f*7T ? Ism pursued that It would be I c’ared by some future Legislature unconstitu tional, null and void as the ways and means may not be orovided to meet them, (ha peo ple may cry out against exoearive taxatfan and when they do that the party in power will not levy taxes. In my humble opin ion the sooner this question fa mm in a practical, cool and unbiased tight* better for the fair name and credit ottijs State; and let it not be laid tost act hastily and regardless ot toefl interest ol others, and let us W toe old adage of -penny wiaa foolish," but let us rather show. State of Georgia is gowned hy justice and moderation." I am, gentlemen. Very truly 07