The Weekly sun. (Atlanta, Ga.) 1870-1872, November 15, 1871, Image 5

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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. *