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THE ATLANTA WEEKLY SUN.
GEORGIA LEGISLATURE.
ninth day s proceedings.
SENATE.
Frida*, November 10th, 1871.
The Senate met at 10 a. m., President
Trammell in the Chair; prayer by Rev.
Arminius "Wright. The roll was called,
and the Journal read and approved.
The motion of Mr. Wellborn to re
commit the bill to appoint a committee
to investigate the official conduct of R.
B. Bullock, late Governor of this State,
to a special joint committee of two from
the Senate and three from the House,
made on yesterday, was carried.
Mr. Nichols, Chairman of the Com
mittee on Education, reports a recom
mendation that five hundred copiesjof
the report of J. R. Lewis, State School
Commissioner, be printed, which was
adopted.
A bill to repeal and alter the punish
ment prescribed in the following sections
of the Code of Georgia, viz: 4,276,
4,278, 4,279, 4,290. Penalty provided is
Penitentiary from one io five years.—
4,303 (same as 4,304); 4,307 (Penitentia
ry from one to two years); 4,345, 4,348,
4,349, 4,350, 4,351, 4,353, 4,368, 4,372,
(from one to five years); 4,373 (as far as
relates to taking of corn and cotton,
from ono to two years); 4,403. 4,408,
4,409, 4,411, 4,412 (from two to five
years), being the special order of the
day, was taken up. This bill changes
the penilty prescribed for the offences
contained in the several sections, in most
instances, from misdemeanor to felony.
Mr. Lester moved to strike out sec
tion 4,276, which section provides that
the offense of ^ratting out an eye shall be
punished by fine and imprisonment; he
considered the offense not great enough
to constitute a felony.
Mr. Reese opposed the amendment
and maintained that the .offense should
bo punished as a felony, and that the
best means of restoring peace and or
der is to increase the severity of the pe
nal code.
Mr. Hinton thought that the bill de
prived the Courts of the discretion which
is now, and should be, allowed in tlio in
fliction of a penalty for such on offence.
Mr. Nunnall* was opposed to the
amendment, on the ground that the in
creasing indifference to the punishment
of crime should be met by increased se
verity of punishment.
. Mr. Lester insisted that such severity
of punishment would deter juries from
making convictions.
The amendment was lost.
Mr. Hinton moved to strike out sec
tion 4303, which provides that the offense
of stabbing (with certain exceptional
cases) shall bo punished by fine and im
prisonment; motion lost.
Mr. Burns moved to strike out section
4307, relating to abandonment of chil
dren by parents; lost.
The Judiciary Committee recommend
ed the insertion of the words “whenever
the said child, or children, shall be under
the age of twelve years,” which was
adopted.
Mr. Simmons moved to amend the bill
as relating to section 4348, which pro
vides that the private stealing of goods,
etc., from any warehouse, storehouse,
etc., shall be punished by confinement
•in penitentiary from one to two years, by
inserting “whenever said goods, etc.,
shall be of the value of $25;” lost.
The Judiciary Committee recommend
ed the striking out of section4409; agreed
to.
Mr. Simmons moved to amend section
4373 by inserting, with intent to steal the
same. The amendment was adopted,
and the bill passed.
The report of the Committee on.Priv
ileges and Elections, which recommend
ed the adoption of the following resolu
tions:
Resolved, That the seat of Hon. Wil
liam Henry, 44th Senatorial District, is
declared vacant.
Resolved, That no election having been
legally held to fill the vacancy existing in
the 44th Senatorial District, that Thomas
J. Parks is not entitled to hold said seat.
Resolved, That His Excellency, the
Governor, be requested to issue a writ of
election to fill the vacancy now existing
in the 44th Senatorial District.
Being, the ^special order was then
taken up. Senator Campbell contends
that Mr. Henry is entitled to his seat
according to the Reconstruction Acts,
because the elected candidate, Horn R,
B. McCuteben, (now deceased), was in
eligible under these acts. Mr. Burns re
viewed the facts of the case, and the re
ports of the several committees which
Lad investigated the same, and favored
the resolutions. Mr. Brock opposed
the resolutions.
On motion of Mr. Wellborn, the
Senate adjourned until 3 o’clock, p. m.
AFTERNOON SESSION.
Mr. Brock resumed his remarks upon
the resolutions before the Senate and dis
cussed the evidence which had been ad
duced before the several committees ap
pointed to consider the matter. He
moved to lay the report of the commit
tee recommending the resolutions, on the
table; lost
Mr. Brown argued that the disposition
of the question by a previous Senate
could not make it res adjudicala, so as to
bind this body, and that if*the Hon. Mr.
McCrutchen had been ineligible, a new
election should have been ordered, and
that the minority candidate did not there
by acquire the right to the seat
Mr. Hinton insisted that the doctrine
of res a^judicata does not apply, and the
Senate of 1870 was bonnd by the action
of the Senate of 1868, declaring Mr. Mc
Crutchen eligible.
Mr. Henry offered a protest against
the action of the Senate.
Mr. Nicholls moved to lay the protest
on the table.
Mr. Lester made (he point that a pro
test is out of order until action was had,
■which was sustained.
The vote was taken upon (he resolu
tions which were adopted by the follow
ing vote:
Ayes Messrs. Black, Brown, Burns,
Cameron, Candler, Cone, Estes, Erwin,
Heard, Hicks, Hillyer, Hinton, Hoyle,
Jordan, Jones, Jervis, Kirkland, Kibbee',
Lester, Matthews, Nicholls, Nunnally,
Wellborn—27. Slnunons ’ Steadman and
Nays — Messrs Anderson, Brock,
Campbell, Clark, Colman, Crayton,
Devaux, Wallace and Welch—9.
The Senate then adjourned.
HOUSE OF REPRESENTATIVES,
November 10th, 1871.
House met and was called to order by
Speaker Smith; prayer by Rev. Mr. Cox;
Journal read and approved.
Clower, of Mcnroe, moved to recon
sider so much of yesterday’s proceed
ings as relate to laying the “bill to make
it penal for any person to leave his em
ployer,” on the table.
Mr. McWhorter made the point of
order that the bill was on the table;
could be taken up any time, and was not
properly a matter for consideration. The
Chair ruled the point well taken.
The special order ef the day to-wit: A
bill to provide for a special election for
Governor &e., was taken up and read.
Mr. Bryan, of Henry, thought that
the action of this body in defeating Mr.
Cnmming’s resolution declaring Mr.
Trammell Governor, was a concession,
and if that concession was necessary then
to avert threatened military interference,
why is not the same precaution now nec
essary? What assurance has this body
that Mr. Conley will not resist the newly
elected Governor when he comes forward
to enter upon his duties as Executive,
and delay the inauguration until the next
regular election, pretending, at the same
time, that the measure to elect a Governor
was a partisan one, and aimed at him be
cause he is a Republican, i This bill in
volves some constitutional questions, and
although his heart was iu the bill, he de
sired tbat the matter should be thorough
ly ventilated before action upon it.
Mr. Johnson, of Jefferson, lavored the
bill, and declared tbat he could and would
not recognize Mr. Conley as the rightful
Governor of this State.
Mr. McMillan argued that Mr. Conley
had never been called upon to yield up
the office he now fills, and although he
thinks Mr. Trammell is, under the Con
stitution, entitled to the office, but tbat
there is no constitutional objection to
holding a special election, and that this
election, which will be held in accord
ance with the Constitution framed by
the Republican party,cannot be a pretext
for military interference.
Mr. Simmons of Gwinnett, proposed
to strike out section 3d of the bill, which
relates to the manner of making the elec
tion returns, which section, he
thought was mere surplusage. He
■thought that no suspicion of Mr. Con
ley’s integrity should be expressed in the
bill. He ought not to be prejudged, be
cause he may be honest in bis purposes.
Mr. Simmons also stated that he did not
doubt the constitutionality of the bill.
Mr. Bacon discussed fully the legal
points in the bill, and argued tbat it was
in perfect harmony with the Constitution
of this State. He thought that it was
the duty of the Legislature to order an
election, if the right so to do exists, and
that difficulties which have not yet arisen
ought not to be considered when the
path of duty is plain.
Mr. Scott concurred in the remarks of
Messrs. McMillan and Johnson in their
belief that Mr. Conley is not Governor
under the Constitution, and that it is in
the power, under the law, of this Legis
lature, to order a special election. He
discussed the legal and Constitutional
points in the bill, and advocated Mr.
Simmons’ motion to strike out the 3d
section; which provides for the manner
of transmitting the election returns.
This section, he contended, might be con
strued as in conflict with the manner pre
scribed by the Constiintion. As Mr.
Conley has been recognized as Governor
he ought to be treated as such, and have
the returns made, to him as such.
Mr. Fou said that the Constitution
under which we live was made by the
Republican party, and that party pro
vided in that instrument for a contingen
cy which now happens, and they must
not complain if the Legislature acts out
fully the intent and meaning of the law
which clearly points out the duty of this
body to order an election. He opposed
Mr. Simmons’ motion to strike out the
3d section, requiring returns to be made
to the President of the Senate and
Speaker of the House, as well as to the
acting Governor.
Mr. Hudson thought that the duty of
the Legislature to order an election, was
plain, and that this bill meets the ques
tion fully. He thought that this body
should do its duty, when that duty is
thought that the passage of the bill with
the 3d section would put the State on
the high road to military law, because it
would result in our having two Govern
ors, and thus, as has been already deci
ded, the United States authorities would
oome in, and decide who would be Gov
ernor. He stated that it was a grave
question with him whether or not an
election should be held, for about
the time of our election, Congress,
with its embittered feelings, will
assemble and the Ku-klux Committees,
with their trumped up evidence against
the Sooth, will make their reports. All
these circumstances, coupled with the
belief that Mr. Conley will refuse to give
up his ,office, make it a grave question as
to whether an election should be or
dered. Mr. Jackson moved to refer the
whole matter to the Committee on the
State of the Republic, with instructions
to report on Monday next.
Mr. Hoge thought that the Legislature
has the right to pas3 the "bill with the 3d
section. There is no reason why there
should not be made duwlicate returns,
but that as a matter of policy he thought
the 3d section had better be stricken out,
because there was no necessity to im
pugn the motives of Mr. Conley,
and because it is better to follow the
plain letter of the Constitution. He
opposed Mr. Jackson’s motion to refer,
because it is the right of the people to
hold an election, and the duty of this
body to provide for it. If Mr. Conley
approves this bill, then he shuts himself
off from o» position to the inauguration
of the newly elected Governor. If he
vetoes it, then it will be time enough to
act further, and refer, if necessary.
Mr. McMillan opposed Mr. Jackson’s
motion, but favored the passage of the
bill as Mr. Simmons bad moved to amend
it, after his, Mr. McMillan’s first speech.
Mr* Jackson’s motion was lost.
Mr. Dell moved to lay Mr. Simmons’
amendment to strike out on the table* |
lost.
On motion the time was extended half
an hour.
Mr. Pierce favored the whole bill, and
discussed the legal and constitutional
points in it, arguing that the 3d section
is not unconstitutional, because the bill
provides for forwarding the returns
as is prescribed by the Constitution
and only proposes making addi
tional returns, which is not prohibited,
He, for one, would declare that by the
incorporation of this 3d section, he did
not intend to impugn Mr. Conley’s mo
tives, or to say that he would not do his
duty; hut, that, upon the same principle
that State officials are compelled to give
bond when they enter upon the discharge
of their duties, this bill proposes to
throw safe-guards around the returns of
the contemplated election—that there
is no more show of reason for the present
incumbent of the Gubernatorial chair to
resist the Governor now to be elected
than he would have to oppose the Gover
nor if elected at a regular term.
Mr. Summons’ motion to strike out the
3d section was put and prevailed.
The bill as amended was then passed.
A message from the G >veriior was re
ceived, saying that His Excellency had
approved and signed the “Atlanta Bill.”
Leave of absence was granted Messrs.
Booth, Scott, Davis, Whatley, Guyton,
Clower, Bowie, Etheridge and Sargent.
Mr. Davis offered a resolution provid
ing that the committees on Agriculture
and Manufactures of the House and Sen
ate shall be joint; adopted.
On motion the House adjourned.
tenth day’s proceedings.
SENATE.
Saturday, November 11
The Senate met, President Trammell
in the chair; prayer by Rev. E. W.
Warren; the roll called, and the jour
nal approved.
Leave of absence was granted to Mr,
Matthews-.
Mr. Jones offered a resolution that
A bill to amend 4428 of the Code, so
as to secure the performance of contracts
of labor.
The bill making the enticement of
employees by third persons, or the driv
ing away of the same by employers with
out payment, or for service rendered, the
abandonment of service by employees,
a misdemeanor, provided the contract be
attested by a witness who will swear that
the contract was read to the parties;
passed.
A message from the House transmit
ting the resolution instructing the Joint
Finance Committee to inquire into all
financial transactions between R. B. Bul
lock and Henry Clews & Co., through
the National Bank,or by any other means,
and to empower said Committee to send
for persons and papers.
A bill to repeal the 20th section of an
act approved October 25th, 1870, making
certain appropriations; passed.
A bill to provide for suits against joint
obligors, joint trespassers, partners or
makers or indorsers in the City Court of
Savannah, providing that the same may
be sued in said Court when (jany one
of them lives in its jurisdiction; passed.
A bill to create a Board of Road and
Revenue for the county of Dawson;
passed.
A bill to alter and amend section 4779
of the Code, in relation to the police
courts of the city of Savannah; passed.
A bill to incorporate the town of East
man, Dodge county; passed.
A House bill to provide for a special
election for Governor, to fill the unex-
E ired term of Rufus B. Bullock, to be
eld on the second Tuesday in Decem
ber, was taken up and read, the first time.
A message was received from the House
stating that the House had passed, over
the veto of the Governor, a resolution
to repeal ceitaiu resolutions approved
May 3d, 1870. The message was taken
up and contains the following resolu
tions:
Resolved, That the joint, resolution
passed by the late General Assembly,
and approved May 5th, 1870, which au
thorized and required the State Treas
urer, N. L. Angier, to pay all warrants
for printing and any other warrants reg
ularly issued by the Executive and coun
tersigned by the Comptroller General,
be, and is hereby repealed and re
scinded.
2d, That the twentieth section of the
appropriation act of the last General
Assembly, approved October 25tb, 1870,
to-wit: That when the performance of
any service or labor for the State is
authorized and directed by law
to be performed, or rendered the compen
sation for which is to be fixed or allowed
by the Governor, he shall draw his war
rant to the Treasurer for the amount so
fixed or approved, and the same shall be
paid out out of any money iu the Tress
ury, not otherwise appropriated, be, and
the same is hereby suspended until final
action on the matter by this General As
sembly.
Senator Campbell spoke in opposition
to the resolutions.
The hour of adjournment having ar
rived, the Senate was declared adjourned.
plain under the law, without regard to each Senator be furnished with a eopy of
what would be the consequences. He the Constitution; adopted.
also thought that it was not for this
House to determine who is Governor,
Conley or Trammell, but that matter, in
his opinion, was one for the Judiciary.
Mr. "W. D. Anderson favored Mr. Sim
mon’s motion, and thought the 3d sec
tion of the bill a stain on it. He denied
that Mr. Conley is a usurper, because he
would dislike to think that he was tamely
submitting to usurpation, and because
Mr. Trammell, who is alone entitled so
to do, (if any body is) has never taken
the oath and demanded the office. He
agreed that the 3d section assumes that
Mr. Conley will not properly transmit the
returns and, who dares say that Benja
min Conley will fail to do his sworn duty!
All evidence * concerning the election to
be held must come, under the Constitu
tion, through the Executive, and the
other returns, through the presiding
officers of the two houses, would be
worthless evidence. The question of or
dering an election is one of privilege and
not duty as some claim.
Mr. Phillips thought that the 3d
clause did not reflect on Mr. Conley’s in
tegrity, but was simply a safeguard on
the ballot box.
He discussed the legality and the consti
tutionality of the bill at some length, and
argued that the third section was not un
constitutional and that it was the duty of
this body to order the election and to or
der it in such a way as to prevent further
usurpation.
Mr. Brown—A resolution to furnish
the acting Governor with a copy of the
resolutions passed on yesterday, in re
lation to the seat of Mr. Henry; adopted.
Mr. Simmons—A resolution that on
Tuesday, the 14th, the Senate and House
of Representatives will proceed to elect,
viva voce, a United States Senator;
adopted.
On motion, the Senate then went into
Executive Session.
The House resolution that the Treasu
rer advance each member and officer of
this General Assembly one hundred dol
lars was taken up, and concurred in.
The House resolution that the Com
mittee on Agriculture and Manufactures
in each House be consolidated, was con
curred in. .
Bills were read the second time:
Mr. Burns introduced a joint resolu
tion that the Joint Finance Committee
be instructed to inquire into the financial
condition of the State, and be empower
ed to send for persons and papers, ex
amine witnesses, and do all other neces
sary acts; adopted.
Mr. Simmons—A resolution that two
members of the Senate be added to the
Committee on Finance; adopted.
Bills on third reading—To require the
Ordinaries in isssuing orders on the
County Treasurers to specify the fund
out of which said orders shall be paid,
passed. To amend the attachment laws
of this State, allowing attachment when
Mr. CuMMpto favored Mr. Simmons’ the debtor conceals the goods; passed.
motion to strike ont, and thought it should *" 1 m ' L - 1 |
be done for reasons of expediency and
propriety, and that the insertion of the
section fn question was an insinuation
against Hon. Mr. Conley without cause,
To repeal an act to provide for an elec
tion and to alter the election laws of this
State, approved October 3d, 1870
passed.
To provide the mode of filling vacan
and could result in no good. Snppose cies in the office of Ordinary in tin's
the bill, as it is, should be passed but
should fail to get the acting Governor’s
approval, and the election should be held
and action should be taken by the Gen
eral Assembly on the duplicate returns,
and a conflict then should come, what
would be the consequence ? Upon ma
ture reflection he doubted the constitu
tionality of. the third section, for, upon
taking all the constitutional provisions
together, it cannot be denied that the re
turns in special elections for Governor
must be made just as they are in general
elections ; and, moreover, the substance
of the bill is the election of a Governor,
but the only evidence of that election
must come through the regular channel.
Mr. Riley said the debate was so long
that a number of members had been
asleep. He wanted the Speaker to state
the question. His request was granted.
He said he opposed Mr. Simmons’ mo
tion, and called the previous question,
but withdrew the call.
Mr. Jackson favored the motion to
strike out, on the ground of policy, and
State, _ providing that the Clerk of the
Superior Court shall give the requisite
notice of election; passed.
To regulate the practice of dentistry in
this State, providing for a Board of Den
tistry and making a diploma requisite to
its practice; referred to the Judiciary
Committee.
To repeal so much of an act to create
the Allapaha Judicial Circuit as relates
to the counties of Echols, Lowndes, Cof
fee, Clinch and Ware, and to add the
county of Lowndes to the Southern Cir
cuit, and the counties of Echols, Coffee,
Clinch and Ware to the Brunswick Cir
cuit; recommitted to the Judiciary Com
mittee.
To amend and add to (he law of arson
in this State, making the burning of or
setting fire to fences, stacks of fodder or
hay, or stacks of com or other grain
felony; pass id.
To allow plaintiffs in execution to re
cover damages in certain cases, when a
claim or affidavit of illegality is with
drawn; passed
HOUSE OF REPRESENTATIVES.
House called to order by the Speaker;
prayer by Rev. Mr. Cox; Journal read
and approved.
The special order of the day, to-wit:
The bill to repeal the act organizing the
District Court, was taken up. On mo
tion of Mr. Paxton, the amendment of
fered by Mr. Hillyer, which provides for
abolishing the court in all districts where
no county has ten thousand inhabitants,
was laid on the table.
Mr. Pou moved to amend by provid
ing for the payment of the Judges and
Solicitors of the District Courts, salaries
for services performed.
Mr. Simmons, of Gwinnett, thought
Mr. Pou’s resolution unnecessary, as the
officers of these courts are entitled to
pay without any special provisions for
such payment.
Mr. McMillan moved to amend by
legalizing all the acts of the District
Courts heretofore performed.
Mr. Russell moved to amend Mr. Me
Millan’s amendment by excepting Chat
ham county.
On motion of Mr. Graham all the
amendments were laid on the table.
Mr. Hillyer explained his amendment.
Ha thought that in large counties the
Court is needed, because of the amount
of business, and moved to recommit the
bill.
Mr. Griffin, of Houston, argued that
a Court for speedy trials is much needed
in certain counties.
Mr. Phillips, of Echols, was willing
that such Districts as wanted the Court
may have it, and he moved to lay the bill
on the table; lost.
Mr. Htllyeb’s motion to recommit was
also lost.
The bill was then passed. ,
Mr. Hat.l of Meriwether offered a res
olution requesting the Committee on
Privileges and Elections to inquire
whether or not Mr. David Johnson, who
contests the seat of Mr. Daniel Johnson
of Spalding, is eligible under the 14th
Amendment to the United States Consti
tution to a seat on this floor.
Mr. Phillips stated that the said Com
mittee have had the matter under consid
eration for several days and had sent for
persons and papers.
Mr. McMillan moved to amend, in
structing said commitee to inquire into
Mr. David Johnson’s right to a seat.
Messrs. Simmons of Gwinnett, Pou and
Phillips thought that the House could
not inquire into the qualifications under
the 14th Amendment of a man who is not
a member of this House. If he is dis
qualified and takes his seat, let him take
tire consequences.
Joiner of Dougherty thought that it
is time enough to inquire into the eligi
bility of Mr. Johnson, when the commit
tee makes a report in his favor, if such a
report shall be made.
Mr. McMillan explained the object of
his amendment.
Mr. Dell thought that the question of
eligibility under the 14th Amendment
cannot properly come before the Com
mittee.
Mr. Pierce moved to lay the whole
matter on the table; passed.
Mr. Payne offered a resolution provid
ing for the appointment of a joint com
mittee to inquire into and report what
bonds of this State, issued in aid of rail
roads, were fraudulently issued, and what
bonds were legally issued, so that action
may be promptly taken to protect the
credit of this State.
Mr. Bacon offered an amendment in
structing the joint Finance Committee to
inquire into and report npon all matters
touching transactions in Georgia Bonds
and finances between Rufus B. Bullock
and Henry Clews & Co., through the
Georgia National Bank of Atlanta. Mr.
Bacon urged the necessity for prompt
and efficient action in this very import
ant matter.
Mr. Payne urged the importance of
the measure, saying that it is believed
that a large amount of bonds have been
fraudulently issued and sold by Bullock,
and that it is due to Georgia and dealers
in securities throughout the world to
know what bonds arc fraudulent and
what legal.
Mr. McMillan favored tho substitute
with only one exception, which he pro
posed a further amendment, providing
that if any official shall have^fceen found
guilty of a crime in these matters, that a
warrant be issued for his arrest, and re
quisition be made for him if he has fled.
Mr. Bacon accepted the amendment.
Mr. Rawls said that the Joint Finance
Committee have agreed to appoint a spe
cial committee from their number to in
vestigate the Bond question.
Mr. Hall, of Upson, moved to amend
the substitute by striking out Financial
Committee, and substituting Committee
on Public Expenditures. This motion
did not prevail.
Mr. Griffin, of Houston, said that if
any official has stolen, he wants him pun
ished, and he hoped every member would
vote for this investigation, and that of
fenders may be brought to justice.
Mr. Bacon’s substitute was adopted.
A message was received from the Gov
ernor returning the joint resolution re
scinding a joint resolution of the last
General Assembly approved May 5,1870,
without his approval—giving liis reasons
for the veto, the principal of which was
that an act cannot be repealed by a reso
lution.
Mr. Scott moved to pass the resolution
over the veto.
Mr. Pou moved to set down the mes
sage as the special order for Tuesday.
Mr. Cumming favored Mr. Scott’s mo
tion.
Mr. Hoge thought that the operation
of an act cannot be suspended by a reso
lution, and that the resolution just ve
toed was not tho remedy, but the bill
should have been introduced and then
passed ovet the veto, if necessary to make
it a law.
Mr. Payne moved to refer the resolu
tion and message to the Judiciary Com
mittee; ruled out of order.
Mr. Pou’s motion was put and lost.
Mr. McMillan said that ho does not
believe that Mr. Conley is Governor, and,
consequently, that he is not entitled to
draw warrants. He thought that, as the
former resolution was passed without
being read three times, that a resolution
similarly passed could legally repeal the
formei.
Mr. Snead favored Mr. Scott’s motion,
urging the necessity of prompt action in
shutting down on the Treasury and giv
ing an instanca of a statute having been
suspended by a resolution.
Mr. Phillips said that the resolution
was a request to the Executive to sus
pend action under the resolution sought
to be rescinded. He favored the motion
of Mr. Scott.
Mr. Griffin of Houston was in favor
of sustaining the veto, and was opposed
to hampering the Executive.
Mr. Bacon said that this resolution was
not a political measure, but only an at
tempt to bring back the law as it stood
before the last administration.
Mr. Hudson moved to make the reso
lution the special order for Monday, and
to have two hundred copies of the reso
lution printed; lost.
Mr. Fain moved to refer the message
and resolution to the Judiciary Com
mittee.
Mr. McWhorter made the point of
order, that the only question was,
whether or not the veto should be sus
tained, and that it could not properly be
referred. This point was ruled as well
taken.
Mr. Bush was in favor of Mr. Scott’s
motion, and urged the necessity for
guarding the Treasury.
Mr. Summons called the previous ques
tion on Mr. Scott’s motion to pass over
the veto. This call was sustained; the
main question was put. The yeas and
nays were called, with the following re
sult:
Yeas—120; nays—31; as follows:
Messrs, Allred, Atkinson, Battle, Blue,
Brady, Bruton of Decatur, Brown,
Campbell, Colby, Davis of Clarke,
Dukes, Floyd, Franklin, Goodman,
Griffin of Houston, Hillyer, Hoge,
Joiner, Jones of Macon, Lewis, Mans
field, McWhorter, Moreland, Oliver,
O’Neal, Ormond, Putney, Richardson,
Simmons of Hall, Smith of Coweta,
Williams. There were 21 absent or not
voting.
The resolution was declared passed,
notwithstanding the veto. •
Mr. Simmons offered a resolution pay
ing each page of this Honse twenty-five
dollars as advance for services; adopted.
Mr. Jackson moved to suspend the
rules to take up a resolution requiring
the late Treasurer of the State Road to
pay over certain sums of money now in
liis hands to the State Treasurer, and
that said late Treasurer be required to
discontinue payment of salaries to cer
tain persons claiming to be officers of
said road; the motion prevailed.
On motion of Mr. Scott the resolution
was amended so as to apply to all per
sons holding State Road money.
On motion of Mr. Pierce the resolu
tion was further amended so as to declare
that the balances which said persons
claim shall not be construed as consid
ered by this House as real balances. The
resolution as amended was adopted.
Mr. Griffin, of Houston, moved to
suspend the rules to take up a resolution
requiring the Finance Committee to en
quire why the Treasurer, under Governor
Jenkins, has not settled with the present
'Treasurer, and reported, what he has done
with two hundred and fifty thousand dol
lars alleged to have been in his posses
sion. Mr. ’ Griffin urged action in the
matter. He wanted all such questions
sifted to the bottom. Messrs. McMillan,
Pou jand Russell, advocated the motion
to suspend, and wanted the resolution
adopted. They courted investigation
Mr. Hall, of Meriwether, said the matter
had been investigated and reported on
daring the last Legislature. The resolu
tion was unanimously adopted.
A second message from the Governor
was received but not read.
Leave of absence was granted to
Messrs. Simmons of Houston, Johnson
of Jefferson, Stovall, Peeples, Cox and
Griffin of Twiggs, for a few days; also,
to Messrs. Riley, Palmer and Simmons
of Hall, from the Committee on Peni
tentiary, to visit the convicts at Gaines
vilie.
On motion the Hoase adjourned until
10 A. M. Monday.
TELEGRAMS.
Chicago, November 11.—Forty-seven
counties gives Beverridge 13,500 majori
ty.
Salt Lake, November 11.—A party of i
mormon missionaries are going East.
Cincinnati, November 11.—A meeting
of tobacco manufacturers and dealers
have agreed that bonded warehouses are
unnecessary, and that the peddling sys
tem should be better guarded against
frauds or abolished; also, that the dealing
in leaf tobacco should be better regulated.
Tho meeting favored the reduction of the
tax.
St. Paul, November 11. Austin’s ma
jority is over 8,000, with the upper coun
ties unheard from.
Newark, November 11.—Botts, who
killed Pet Halstead, has been sentenced
to be bung on the 21st inst.
St. Louis, November 11.—A broken
rail threw two cars containing recruits,
from the track of tho North Missouri
Railroad. The cars went down an em
bankment Edwin Colvin, son of Judge
Colvin, of this city, was killed. The re
cruits were en route for Salt Lake. Two
were killed outright and twenty or thirty
were wounded—some fatally.
New York, November 11.—The ru
mored burying of the hatchet by Fenton
and Murphy is incorrect. They met at
the house of a mutual friend and ex
changed the.usual courtesies, of no politi
cal significance.
The following is the bank statement
for the week: Loans increased nearly 2J-
millions; specie increaso one million;'de
posits increased over 61 millions; legal
tenders increased two millions.
The Russian fleet is off the highlands.
Philadeephia, November 11.—The
Philadelphia and Trenton Railroad has
been leased, to the Pennsylvania Central.
This gives the latter 498 miles of railroad
in New Jersey, 65 miles of canal, several
ferries and the Delaware Bridge.
Jackson, November 11.—Returns in
dicate the following as the complexion
of the Legislature: House—Republi
cans 61, Democrats 53, Doubtful 2. Sen
ate—Republicans 24, Democrats 12.
This shows heavy Deinocratic gains.
Alcom is going to the Senate, and
will resign in favor of Lieut. Gov.
Powers.
Washington, November 11.—Judge
Cartter gave a judgment against female
voters, becauso the act organizing the
District of Columbia conferred the right
upon male citizens; but has no doubt
that the 14th and 15th Amendments con
fer the right upon women.
The President approves the sentence of
Capt. Hodges.
BLUne writes that he will not announce
committees of the House until the second
week in December.
Tho President issued a fproclamation
to-day formally suspending the Habeas
Corpus in Marion county, S. C., saying
“Whereas, The insurgents engaged in
such unlawful combinations and conspir
acies vitliin the county aforesaid have not
dispersed and retired peaceably to their
respective homes, and have not delivered
to the Marshal of the United States, or
any of his deputies, or any military offi
cer of the United States, within said
county, all arms, ammunition, uniforms,
disguises, and other means and imple
ments used, kept, possessed, or controll
ed by them, for carrying out the unlawful
purposes for which the combinations and
conspiracies, are organized as command
ed by said proclamation; but*still persist
in the unlawful combinations and con
spiracies aforesaid, now therefore,” etc.
Paris, November 11.—The Papal Nun
cio and the French Minister of Foreign
Affairs had a long consultation yesterday,
in which the Constitutionell says they
discussed the forthcoming Papal protest,
wherein the Pope declares himself sole
king of Rome, and will not hold inter
course with the Ministers to Victor
Emanuel.
-One of Foster Blodgett’s Tricks.
We are informed, (and suppose it is
true), that Capt. Blodgett and his friends
and confederates are making a despe
rate effort to break down investigation
into his State Road management, by in
dustriously making suggestions to the
prejudice of Maj. Hargrove and Maj.
McCalla.
These two gentlemen are entitled to
the credit of beginning the work of ex
posure. They have already procured the
restoration of a considerable amount of
money and property, and know more
about how to proceed to recover the im
mense sums which can yet be saved, and
convict those who are guilty, than any
others.
An effort is bein g made to prejudice
the Democratic members of the Legisla
ture against them, on the ground that
McCalla is a Republican in politics, and
was an employee of) the road while the
plundering was going on; and against
Hargrove, because he has given some ob
jectionable testimony before the Ku-klux
Committee. McCalla was dispossessed of
the books of the road by Blodgett to stop
any further discoveries and exposures by
him; and the great object is to keep him
from ever having any further control of
those books, or giving any assistance in
the investigations. A tremendous effort
has been made, but nothing has yet been
produced to impeach his integrity; and
the same is true of Maj. Hargrove. They
have both given their time and expended
their own money; and now, Capt. Blod
gett hopes to inducejtlxe Legislature to ig
nore them, leave them without the means
of continuing the prosecutions com
menced, and thereby preventing inves
tigation, till he can secure a seat in th
United States Senate. This is the pro
gramme.
Mr. Page.
The Honorable(?) Representative from
Lee county was before Judge Hopkins *
yesterday. The Judge confirmed the de
cision of Judge Pittman the day previ
ous—dismissed the case and sent the
murderer ^Representative to Lee county,
where he will be tried by the county au
thorities, amid the scenes of his inno
cent?) childhood. *
