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PUBLISHED ,BY
00COCK, GRAHAM'fe REILLY,
Volume 18.
•1
DEVOTED TO NEWS, POLITICS AUD GENERAL PROGRESS—INDEPENDENT IN ALL THINGS.
I TERMS:
Tl\ree Dollars a Year,
PAYABLE IE ADVANCE.
AMERICUS, GEORGIA.
, FRIDAY. DECEMBER 1. 1
.871.
Number 37.
-any SUMTER REPUBLICAN.
" MJiBIP rcm BTOD.
IWM >.
TEH^ToTsOBSCBIFnON
qgffsTOJi* IN aptance.
.'to’Cu IS Minion typo',mU<C
^jgUmenta not contracted for will be
untJ onleretl oat and charged for aocord-
• /.mtn’.s to occupy fixed places will be
" r?lre above regular rates.
Guardianship,.
U ;t f< OI leave to t»e
Krai Estate,
^ c * t ol>tbioni and Creditors, .
!tnf« Sate» (perjevy)^.
... 5 LO
. 5 CO
. 4 (0
Professional Cards.
Jno. D. CARTER,
'EVttiiiS E Y k'£ LAW,
America*, Georgia,
ii Ikiik*BuiIdiug, Emanuel's comer.
C. T GOODE,
Attorney at Law
AMERICAS, GEORGIA.
r W. T. Davenport’s Drugstore.
JACK brown,
^ ttom°y o-t La w
AMERICUS, GA.
•* in Court House. feblfi tf.
N. A. SMITH,
Attorney ftt Law,
•ILL practice in the Courts of Sumter and
adjoining Counties, aud in Circuit Court of
r Uflicv on College street, next to Rcpubli-
Iffice. feb 2a tf.
J. A. ANSLEY,
attorney at law,
juno 16 tf.
DUPONT OUKKBY
HAWKINS & GUERRY,
Attorneys-at-Law,
AKEBICU8, OA.,
• their professional services to the public.
f... mniiiiue to practico iu Sumter and adjoin*
a: teuniiea, ami in United States Circuit and
Iwhet Courts at Savannah. Particular atten*
. Office—corner Co"
Gran berry A Co's.
Phillip Cook,
Attorney at Law,
AMERICUS, GEORGIA.
.L i.ractioe iu the Counties of Macon,
Sumter, Lee, Webster, Schley and Dooly,
a the Supreme Court of Georgia
On'iCK in Waxelbaum’s Building Next to
kgraph Office. jan 3 Cm*
W. T. WEAVER,
HTOMEY AND COUNSELLOR RTLLAW,
Americus, Georgia.
QFFICEyup stairs in building oppoaito Har-
wn * Co’s Warehouse, i
! in all the Stats Courts.
George W. Wooter\,
AITOUNF.Y-AT-I.AW,
AffiorlouB. « » ■ ■ Go.
'**-0\er Granberry's, corner Lamar and
streets. sept 9-tf.
TH® WORKOUT FORT OF TYPS.
I’m sitting by my desk, George ;
Before me on the floor
There lies a worn-out font of type,
Full twenty thousand score.
And many months have paassed George,
8ince, they were bright and new, —
And many are the tales they havo told—
The false, the strange, the true.
What tales of horror they have told,
Of tempest and of wreck;
Of murder in the midnight hoar,
Of wars full many a “speck 1”
Of ahipe that lost away at sea
W#nt down before the blast,
Of atiflt-d cries of agony
As lift ’a that momenta past.
Of earthquakes and suicides.
Of failing crops of cotton.
Or bank defaulters, broken banks,
And banking system rotten.
Of boilers bursting, steamboats snagged,
Of riots, duels fought,
Of robbers with their prey escaped.
Of theives their booty caught.
Of flood, andfi re, and accident.
Those worn-out types have told?
And how the pestilence has swept
The youthful and the old;
Of marriages, of birth and deaths,
Of things to please or vex ns,
Of one man’s jumping overboard,
Another gone to Texas.
They’ve told how sweet summer days
Havo faded from our view,
How Antumn’s chilly winds havo swept
The leaf-crowned format through;
How Winter’s snow hath come and gone—
Dark reign ot storm and strife—
And how tho smiling Spring hath warmed
The pale flower back to life.
I can’t pretend to mention half
My inky friends have told.
Since shining bright and beautiful
They issued from tho mould—
IIow unto somo thy joy have brought,
To other grief and tears;
Yet faithfully the record kept
Of fast rcceeding years.
* Au Astonished Conductor.
“Get aboard, old limpey,” said a pert
railroad conductor to an aged, plainly-
dressed lame man, standing on the plat
form, waiting for the signal to depart;
“get aboard, old limpey, or you’ll get
left.”
At the signal, the old geutleman quiet
ly stepped aboard and took a seat by him
self. ' When the conductor, in taking up
the tickets came to him aud demanded
his fare, he replied:
“I do not pay fare on this road-”
“Then I will put you off at the next
station.” •
The conductor passed on, and n pas
senger who had seen the transaction, said
to him:
“Did ^ron know^tbat old gentleman?”
the president
CONLEY'S MESSAGE.
His Veto of the Election Bill.
Executive Department, )
v . Atlanta, Ga., Not. 21,1871. }
To the'house of Representatives: I here
with return to your honorable body,
; n which it originated, the bill eutitled
'an act to provide for a special election
for Governor, to fill the nnexpired term
of RnTus B. Bollock, late Governor, and
for other purposes,” with my dissent to
the same and the reason therefor.
I have not adopted this course without
the greatest consideration.
As the object of this bill is to fill the
nnexpired term of Governor Bullock,
which at the time of his resignation de
volved by the Constitution upon myself,
my personal pride would impel me
promptly to affix my signature to it since
*" refuse so to do, is td put it in the pow
of those disposed to judge haishly to
interested motives. Bat however much
I may feel inclined, by giving the bill my
assent to repel such imputations, I most
in this, as. in my official actions, be gui
ded by my judgment rather than my
pride.
Indeed, it cannot but occur to every
thinking man that if the Constution au
thorizes so unseemly a proceeding ns
that presented by the bill under consid
eration, in which the Executive
of . the State • is called upon to
sit in solemn judgment upon tho ques
tion of the propriety or impropriety of
terminating his own official existence—
the Constitution is in this respect, at least
anomalous. It is a settled rule, both of
law and of common sense, that no man
should bo compelled or permitted to sit
in judgment upon his own rights—not
only because the selfishness of hnman
nature leads one to judge in his own fa
vor, but because a proud man would pre
fer to sacrifice his owu rights rather than
subject himself to the supicious of ungen
erous critics. In so important a law as
that now proposed, the people are enti
tled to the free judgment of both the
Legislature and the Executive.
Nothing is moro carefully guarded a-
gainst in the Constitution than the hap
pening of a contingency in which a pub
lic officer shall become personally inter
ested in the exercise of the duties of his
office.
If the Governor be impeochod, ,
the President of the Senate is, upon the
trial, to vacate his seat, since, if convic
tion takes place, he becomes clothed with
the functions of the Governor.
Tho Judges of tho Supreme Court, if
interested in a case before them, are tem
porarily displaced by Circuit Judges se
lected by the Governor. If a case arise
which a Judge of the Superior Court
interested, the law provides that he
shall not preside. * And, generally, by
the Constitution and laws, by the rules
of legislative bodies, and by common
consent of all publicits* it is as I have
said a settled rule that no one shall be
penhitted'or compelled to exercise his
public functions in a matter directly in
volving his own interests. Were the
duty imposed a mere ministerial one,
which I was called upon simply to do
■No. I did not'
Well, it is Mr.
of this road ”
,. T ^° conductor changed colo.; and bit met, in which I .as nbt bound by my oath
bialips, but went and finished ] taking np 0 f offlM to exercise my judgment, the
the tickets. As soon ns ha had done, be cas0 „, ouW be different,
returned to ';old limpey," and said: I baT0 said thus much because I
Sir, I resign my situation as conduc- p 0 t but feel that tho Goneral Assembly
. - in the passage of this bill has not fully
Sit down here yonng man ; I do not considered the position iu which it places
wish to harm yon; but we run this road myself; and because I cannot think
for profit and to ncormmodatp the pnb- 8lrall g<, an anomaly as its presentation to
e for my signature was ever contempla
d in the Constitution of the State.
The Constitution, article four, section
lie, and we make it an invariable role to
treat every person with perfect civility,
whatever infirmity he suffers. This rule
is imperious upon every one i
ployees. I shall not remove you for
what yon have done, but it most not be
repeated."
The conductor afterwards never saw
among his passengers another
limpey.”
U1I HA K&ELL. B. r. Himu,
HARRELL & HARRELL,
ATTORNEYS AT LAW,
Wcbatcr Co^ Ga.
ptly made. Litigate
o in all adjoining counties.
>, paragraph four is as follows :
e of the death, resignation or disabili
ty of the Governor, tbe President of the
Senate shall exercise the Executive pow
ers of the Government until such a disa
bility be removed, or a successor is elec
ted aud qualified. And in cose of the
death, resignation or disability of the
_ _ , , . , President of tho Senate, the Speaker of
High and Low.—A correspondent of tj 10 House of Representatives shall exer-
the Boston Journal, writing from Sarato- cise the Executive powers of the Govern-
ga, relates the following incident: meat until the removal of the disability,
“Among our visitors is a young clergy-
"IhnreU^n ’“amTwilT mnko P b“s hav6 " *° P™" a ° b r ! aw
mark. An incident will illustrate this.- nnexpired terms by a apccrnl electron.
His college-chum is settled in the Bap-
list ministry. Our church friend made tntioI1 that ^ bilHa fonnde j.
The bill is entitled “an act to provide
rr~ t: *---* : ~~~ xrl ■■ „ ail a- * for a special election for Governor to fill
K“wt bl t Temf™o“t »?& term of Kufus B. Bullock,
morning service. It would be very
awkward, you know, for you to preach
Dr. J. B. HINKLE
WOULD again tender his services (in all the
wa l 2?? ch ** 0,,h8 Profession) to tbe good
rv* * Americas and Sumter county, and ao-
« » continuance of the leberal patronage
beatowed upon him.
YVKjecialattention given toBurr cry.
l lSSr ,n ?, rUr « * the Drug Store of Dr. E. J.
tv' i Itewdonce in the house known aa
h °n«e, nearly opposite A A. Adams.
Joes 8 tf
M. D- P. HOLLOWAY
dent i st.
»«««* . . GEORGIA.
^gg^rMrs.c.A. Wmc^MUHee^
L *■ XCUCGlILLY. tf. p. DUHT.
McLaughlin & Burt,
re »on QontlBtH)
AMERICUS, GEORGIA.
^tle'didnetTaU-^rve. Atje^th rpSt^ru^riSd
y*.”y** b , r ° h °’T k ‘ : . 1 . ,h ° ald . b * on a fixed day. to-wit: The third Tuca-
delighted to bare you prarnu for me to- ^ iDDM am J |Ur. eighteen hundred and
morrow, bnt the fact is it iB Bexenty-one for that purpose,
mumon. We have it direct^ after our In m J y Ju d gm< n t the clause of the Con-
stitution referred to does not authorize,
justify such a law. The language is,
irtththonniegenerato; for by, the rn^
ot oar chnroh, yon. not being baphzod l elation."
cannotcommnne withns. 'rhechnrch- contemplated that the General
man laughed and said: Oh 1 don t be b , sboa | d provide by a general
nncMy; i will preach for yon. Bnt vere ^ tiucgV^cnlir nnexpired
I forty time, baptiamh I oonld not Mt bnt for filling, nnexpired term,
down to your table.; for by the rulai of ro] , No mon oan rcad tbta , an .
onr charch, you, know yon .re not or- b f the Constitution without feel-
dained, acdcannotadimmstcrthc ord • iQ tbat ; t a T cry .trained construe-
nancea at all. And to he preached, and y ^ to , he , eaa J of it _ to bold that i(
at tho close went out to Ins dinner, whu antijorizes a special law fora special cose
tho saints sot at tho table. j 3 united to such an idea.
The word terms indaaites clearly that a
B—or Bashfulnessi. If there °<l
future vacancies, and not to ono that has ay if there be
At the time Governor Bollock resigned,
and the oath to “execute the office of
Go vert or of the State of Georgia** was
administered to me, *t was tbe general
law that the President of the Senate
should exercipe the duties of Governor
until the regular election, and it is not
competent for the General Assembly, by
“ special law, to vary Ibis general law so
i to affect a esse occurring before the
enactment
Now is there any significance in this
argument ? in the use of the word “ spe
cial election, ” in the clause referred to?
The Constitution, in article ^two, section
eleven, provides that the election of Gov
ernor, members, of Congress and of the
General Assembly shall ..be held at the
same time, to-wit: on the Tuesday after
the first Monday in November. The elec
tion of a Governor is also provided in
article four, section one, p&vagraph two
of the Constitution, to be held on the
Tuesday after the first Monday in No
vember, quadrennially, at the places for
holding general elections. Any election
to fill an nnexpired term, must necessa
rily, -though provided for by a general
law ior all such cases, be a 44 special elec
tion, ” since it is held at a different time
from the “general election,” to-wit:
some time aegulated by the law for filling
nnexpired terms.
Had the intent been to authorize the
General Assembly to provide for filling
particular nnexpired term, after it had
occurred, it seems to me the language
used would havo been very different—
The Constitution would have said, “The
General Assembly shall have power,Jby cy.
special low to provide for filling an —
expired term by a special election.”
A power to provide by law for filling
nnexpired terms by a special election,nec
essarily involves a general survey of
such cases, qpd especially, does it involve
the free exercise of judgment by the Leg
islature and by the Governor. This free
judgment cannot be had in a special law
for a special case, when tho passage of it
involves the official existenco of the Ex*
ecutive. He can give no free judgment
in the matter, since he is necessarily
terested in tho event
No proper provision can be made law
fer such a case, after the occasion has
arisen, because one of the elements of
every law—the free judgment of the
ecutive upon its propriety—cannot be
obtained, and because its passage in
volves the violation of that clause of the
Bill of Rights, which prohibits the vary
ing of a general law by special enactment
when private rights are thereby to be
affected.
Another objection to the constitution
ality of this bill isadrawn from the pro
visions of article four, section one, para
graph two of the Constitution. This par
agraph is in these words:
“After the first election, the Governor
shall be elected quadrennially, by the
persons qualified to vote for members of
the General Assembly, on the Tuesday
after the first Monday in November, un
til such time be altered by law, which
election shall l>e held at tho places of
holding general elections in the several
counties of this State, in the same man
ner as is prescribed for the election of
members of the General Assembly.
“The letums for everr election of
Governor, after the first, shall be sealed
np by the managers, separately from oth
er retnrns, and directed to the President
of the Senate and Speaker of the House
of Representatives, and transmitted to
his Excellency the Governor, or the per
son exercising the duties of Governor,
for the time being, who shall, without
opening the said returns, cause the same
to be laid before the Senate, on the day
after the two houses shall have been or
ganized ; and they shall l>e transmitted
by the Senate to the House of Represen
tatives. The members of each brunch of
the General Assembly shall convene ii
the Representative Hall, and the Presi
dent of tho Senate and the Speaker of
tho House of Representatives shall open
and publish the returns in the presence
of the General Assembly ; and the per
son having the majority of the whole
number of votes given shall be declared
duly elected Governor of this State; but
it no person have such majority, then
from the two persons having tho highest
number of votes; who shall bo in life,
and shall not decline an election at the
time appointed for the Legislature to
elect, the General Assembly shall imme
diately elect a Governor viva voce, and
in all cases of election of a Governor by
the General Assembly, a majority of the
votes of tho members present shall be
necessary for a choice. Contested elec
tions shall bo determined by both
houses of the General Assembly, in such
manner as shall be prescribed by law.”
aware of the claim that these pro
visions do not apply to special elections
to fill nnexpired terms ; since it is con
tended tho power to provide by law for
filling such terms includes the mode by
which the remit of those elections shall
bo ascertained and disclosed. But noth
ing is more clear to my mind than that
all parts oi the Constitution are to be
considered together—that no part thereof
is to be ignored. It will hardly bo con
tended that this power to provide by law
for filling nnexpired terms is to be con
strued ns though it stood alone. May
the General Assembly, in the exercise of
this power, say who shall vote at the
-1 _ A TATI 1 .IA 1 A_
two yean thereafter. A special election
may be held *“ *
regularly elected Governor, and once
and the retnrns transmitted
to the Senate as provided by the Consti
tution, on the next day after the two
houses shall have been organized, only
if the vacancy shall happen daring the
first two years of the quadrennial term
Here is a solemn provision of the Con
stitution. What ngbt has any one to say
that is to be ignored, especially in a case
in which it can be obeyed to the letter,
and the power to provide by law for
filling nnexpired terms still exist
True, the power will be much restrict
ed, as it will be confined only to snch
nnexpired terms as happen within the
first two years o! the quadrennial term.
Bnt if the Constitution can be obeyed
in no other way, the conclusion is irreeis-
table that such was the intention of the
framers of that instrument
A brief sketch of tho history of this
clause for filling nnexpired terms, will
indicate that this was the probable mean
ing of those who introduced it
• The Gubernatorial term had long beer
bnt two years. The mode of making the
returns, declaring the result, etc., was a
e rt of the old Constitution and was in
rmony with tho term of office prescrib
ed. It harmonized with the election,
and meeting, and organization of the
General Assembly. Under previous
Constitutions there was no power to pro
vide by law for filling nnexpired terms
by a special election. The term being
but two years, it was not|thought necess
ary to have an election in case of vacan-
GEORGIA LEGISLATURE.
Senate.—The Senate met at 10 a. m„
and was called to order by the President.
Prayer by the Rev. Mr. Wright.
Mi. Hillyer moved to reoousider a bill
_ increase the compensation of the
Sheriff of the Supreme Court lost on
yesterday. The motion was carried and
the bill recommitted to tho Judiciary
Committee.
A bill to give to contractors and sub
contractors a lien on railroads for labor
done in the construction thereof, be
ing unfinished business, was taken up,
and on motion of Mr Nnnnally recom
mitted to the Jndioiary Committee.
A bill to alter and amend section 1035
and 1033 of the Code relating to the pub
ic printing was, on motion of Mr. Nich
ols, taken up.
Mr. Lester moved to substitute a bill
•gulate and let out to tho lowest bid
der the public printing of tho State.
Mr. Kibbee made the point that the
bills did not relate to the same subji
matter, and, therefore, one could
substituted for the other.
The President ruled that the bills did
not relate to the same subject matter, and
that the substitute could not bo perfect
ed.
Mr. Candler appealed from the decis
ion of the President.
Mr. Lester hoped the ruling of tho
Chair would be sustained.
The motion to substitute and tho ap
peal were withdrawn.
Mr. Lester moved to lay the bill
The Constitution of 1868 extended
the term of four years, and this clause
was added, no change being made in the
mode of transmitting and opening the
retnrns for the simple reason that it was
not intended there should be a special
election unless the vacancy occurred
within the first two years cf the quadren
nial term, so that the retnrns could be
transmitted to the Senate on the next
day after the organization of the two
Honses elected at the end of two years
from the commencement of the quadrei
nial term.
There was, too, an obvions propriety
of having this limitation of the power
granted to stand. For whilst there was
great reason for having a special election
of the people, if the vacancy occurred
during the first two years, there was bnt
little reason for it if the vacancy could
be filled, the retnrns opened, the result
declared, and the Governor elect inau
gurated at the meeting of the General
Assembly at the regular time, whilst, in
the other case, a special session of the
Legislatnre, with all its attendant
penses, would be necessary.
This brings mo to an objection to the
bill passed upon* the great expense neces
sary for its execution.
The regular election for a Governor
occurs under the Constitution
Tuesday after the first Monday in Novem
ber next, less than a year from the time
fixed by this bill for this election.
Should the election contemplated by
his bill take place, the retnrns can hard
ly be made before the first day of Janua
ry 1872, which leaves only about ten
months for the Governor to be elected
to serve.
It does not become mo to say that the
duties of the office can bo as well per
formed by the present incumbent, but it
cannot escape the reflection of any man,
that the expense of a special session of
the Legislrture to receive the returns,
declare tho result, and inaugurate the
new Governor, will be a large item and
ought only be incurred for some very
necessary and pressing exigency.
Should the present session be pro
tracted till that time, it cannot be done
at a less expenso than one hundred
thousand dollars, and should it adjourn
to meet again, say by»the second Mon
day in January, the expense of mileage
nd ) ay of members and officers for the
xtra session cannot bo less than one
hundred and fifty thousand dollars, if
the extra session continue only for a few
days, which is not at all probable.
To incur so great an expenso
present embarrassed condition of the fi
nances of the State, for the single pur
pose ofjehanging, for a few months, the
incumbent of the Executive chair, might,
it is true, under some circumstances, be
a public necessity ; bnt I may be par
doned for saying that, in my judgment,
such a necessity does not uow exist.
In looking more closely into tho bill
nnder consideration, I perceivo that it ’
based entirely upon the idea I have e
deavored to combat I take for granted
that the detailed provisions of the Consti
tution for making, transmitting, opening
and coanting the returns, etc., do not
apply to special elections, and the bill
therefore purports to provide for details
by enacting that such proceedings shall
majority, or if the elec-
9-U
mfm _ can only be called alaw by courtesy. It It seems to me that the clause oonfer-
’ rather au order than a law, as is indica ring the power to provide by law filling
Masonic building, over C. W.
P.tTr*. 8 St0r *-
Price* tZ 0 . Kstisfaction guaranteed.
— ° ,Q » tl»e times.
s.b.hawklnsT
M 1 ° FF1ce “ Dr. Eldridco*. Drag Store.
**“ M«U>odi.t Church.
SlOAL CARD.
Homowol.
P frKSSf £ 8MITH W0Qld bifonn hie
^ Ct k Hi? Public generally, that he
? 0ce 10 «*>« over B. A.
*«<* establishment. En-
u f *uud ttMasonic HalL Where be will
" t »i tlntv ii Ua }? a h unless absent on profos-
jLJi®,.“hat* his old friends and r
tf eu to call on Hi» promising
olreody occurred.^, Tho action now token firm b. contested ?
lr affected by it An incident is men
tioned by n correspondent who was de
So"* straw* for spenSiog of it in‘common conversation, bo read nnd understood with this
s h»wsimdeeoin.elMd »ny straw for Tia „ tf* fhtare eranti, bnt cotion-th.t the General Amombly. in
■“ }°J “““* ““.hiiiLTrithimod- for one pnst event the exercise of the power, is to be re-
our raforensut, wm gooa Upon tbe rM jgnation of Governor Bnl strained and counteracted by any other
l y if “ enconn ferine them lod t 1 w “ informed thereof by the Sec- pert of the Constitution applicable to tho
Mtngtttotinffa rt «i<mnptging_MW. ret ’ state , BI1 d, on the SOth day of Sitter. As the Conatitmion fires tbe
To make Urn matter rae^ .■ i October of this year, in pursuance of qiudificationa of voters, the eligibility of
as the family were ... ' t section one hundred and twenty-seven of candidates and the mode of transmitting
out ^T r st™ ran ; o n theCodoof Georgia,X appeared at the and opening the result; ns it provide
stammered ont, Mr. 8 , y Cipitoland took tbo oath of office, nnd that tho peraon elected shall have a ms-
spmo mo enough sha ^o fill p f , beWQa entered npon the minutes jority of the votes cast; and what shall
(rpntlfwi'in bf the Exeentive office, as required by happen if no one receives that majority ;
1 ^ hi» bir™ famUvnmi tlie section of the Code just cited. . That and also provides what body shall decide
glancing -t know Imt oath was in theso words, prescribed by the controversy, if there be a contested
enjoying my mistake- Xthe Constitution: "I do solemnly swear election. As all these things are provi-
1 “Jmir ^T’SJhTreraver those hatefnl that I will faithfully execute the office of ded for in detail in the Constitution, and
“Before I«nldjrecovej. those hatelol GoverDOr o[ (b0 state o[ Georgia, nnd are, by the expre* words need, declared
girls burst into a ehorns of langhter, and
X broke for borne in a cold swet.”
„ Dr - W. J. STIARS
iMMS«SS*
> of llsdicino *od Sor-
' Wro «adK? toth » ei
Tin; Koskst iiisnBoTi-OTere was
a lad in Ireland who was put to work W
a linen factory, and whilo he was at work
there a picJo of cloth was wont to be sent
oat which wts short of the quantity jit
ought to be; but the master thought it lh *
might be made the length bjr a little - *— 1 •— *'
stretching. He thereupon unrolled.the
cloth, taking hold of one end of it }tuft
getfond the boy at the other. He then
said: “Pall, Adam j pull.** “I can*tsir.’
“Why?,,-‘“Beams® * “ wrong, sir/
said Adam, and he refused to pull. £The
master said he would not do for a lin
cn manufacturer, and sent him homo'
but that boy became tho learned Rev. 3)r
Adam Clarke. ' ‘ fr
Will. to thdbeat of my ability, preserve, to apply to evenr election for Governor,
protect and defend ; the ;Constitution it is a very unfair construction to say
thereof, and of tho United States of that they apply only to the regular quad-
Amtfrica. 1 ' rennial election, and not to the special
) At the time I took said'oath there was elections to be provided for by law tot
no law iu this State for filling guberna- filling nnexpired terms,
torial terms by a special election. The The true rule of construction would
Constitution was the only law. That be,'as I think, that every provision in
“ the President this paragraph not pomtively inconsistent
lection with the clause authorizing the General
ie time Assembly to provide by law for filling
nnexpired terms, is intended to apply to
t for the Genend As- the case of special elections. Iftere is
luc the duose authorizing, it the same necessity for all provisions in
. to provide by law for filling nnexpired one case as in the ether, and I can see
im *—*- 4 5 —“’“-lion, by a special no reason for them in the case of a gen-
filled according end election that does not apply equally
be had as provided in article four,
tion one, paragraph three of the Con
stitution in tbe case of a regulaa elec
tion for Governor.
I assn me that this provision would not
have been in the bill unless the General
Assembly was fully satisfied that these
provisions of the Constitution did not
apply to the case of special election; aud
that without a special adoption or re-en
actment of them ior a special election,
there would be no law at all to provide
for the case. I present for yonr consid
eration another objection to the bill pre
sented for my signature.
By some strange mistake, only noticed
by myself since the body of this messaga
was written, and therefore too late to call
attention to it in time for its remedy,
will be seen that the reference in tbe bill
is to article four, section
three of tho Constitution. _ That para
graph provides not for making transmit
ting and opening tho returns and declax-
ngthe result, bat fixes who shall be
eligible to office.
If this bill were to be signed by
the anotfloloos case would present itself
of alaw to 90 elect a Governor with
provision for a tribunal to open tbe
tarns, declare the result and announce
the same. Should article four, section
one, paragraph two, of tbe Constitution,
apply to the case, the law wonld be that
the retnrns are to be transmitted to the
Senate on the day after tbe two Honses
■hall have been organized. This it is '
possible to do, as the Honses cannot
organized until after the Tuesday after
the first Monday in November, 1872, al
rhich time the regular quadrennial elec
and whise people are arrayed and op
posite sides there trill be trouble at the
election, and amid all these circumstan
ces we are to attempt to inaugurate a
Governor with the greatest probability
that the present incumbent will resisrhis
entrance into the gubernatorial chair.
Mr Jackson said lio is a Democrat so
long as tho party acts rightly.
Mr. Bacon said he wanted to vindicate
himself and those who vote for the pass
age of the bill from any imputation of
doing so because of a desire of popularity
or fear of popular opiuion. The reasons
assigned for the veto are folicious. Tl^e
law is clear that tho General Assembly
may order the.election, aud tho present
incumbeut ought uot to raise a qubble
when he is deciding upon bis own rights.
All the argument upon the other side is
that Mr. Conley will resist the newly
elected Governor, l>u|-when the bill was
up for passage, it was’argued that no im
putation ought to be cast npon him. It
not a question of pclioy now when the
* * * ' ied tl
lost Yeas 13, nays
the bill and respectfully return it
Benjamin Conley,
' Governor.
The bill amends the law relating to
public printing, by providing tbat 750
copies of the journals of tho Legislature
shall be printed instead of 2,000, and by
inserting “that said accounts is correct
aud just, and that the prices paid
not above the customary rules of similar
work and materials, when employed in
service of private parties,” and changes
the compensation from 30 per cent to
25 per cent.
Mr. Nichols moved to strike out 25 per
cent and insert 10 per cent
The amendment was lost by ayes 14,
s24.
tr. Brown moved to strke out 25 per
cent and insert 15 per cent. Lost by
ayes 10, nays 24.
Mr. Candler moved to amend the bill
by adding to the last section, by striking
out “four” aud inserting “two,” relating
to the number of thousand copies of the
laws that shall bo printed. Lost.
Mr. Burnes moved to postpone the
whole matter indefinitely. Lost
Mr. Reese moved to amend by adding
to tbe lost section that the public pi inter
shall not print in the Comptroller Gener
al’s report the condition of insurance
companies out of the State. The amend
ment was adopted and the bill passed.
A bill to make it penal to withhold
money or property belonging to the State
of Georgia, being the special order,
then taken up.
On motion a bill to provide a remedy
by which money or property stolen
fraudulently detained from the State
the Western nnd Atlantic Railroad may
be recovered, and for other purposes,
was taken up as a substitute. The bill
provides that upon the information of
any citizen the Solicitor General shall
tile a petition in the Superior Court to
recover money or property fraudulently
stolen or detained from the State, and
that an attachment shall issue agaiust the
property of the defendant, upon the oath
of the informer that said defendant does
detain money or property from the State.
Mr. Hillyer proposed to strike out the
9th section, which provides that the in
former shall file a bond to indemnify the
defendant against all cotts, damages and
expenses, provided it shall! appear on V
trial that snch claim or information
false or unfounded, and insert therefor
that upon the defendant making affidavit
that, to the best of his knowledge and
belief, the information is false aud un
founded, the Judge shall issue an order
to show cause why the informer should
not give snch bond and upon tho return
of said rule the Judge may require such
bond or not in his discretion.
Mr. Candler opposed the amendment.
Mr. Brock spoke against tho amend
ment.
Mr. Hillyer claimed that the section
it stands casts an obstruction in the way
of the remedy os entry destroys it. and
the Courts should not be closed to snch
suits in that way, and there is no par
allel caso in tho law.
Mr. Welborn moved to lay the bill
the table. Carried.
The veto message of the Governor, ad
interim, to the bill to provide for a special
election to till tho nnexpired term of
Rnfus B. Bullock, late Governor, and for
other purposes, was then taken up and,
on motion, read.
Mr. Candler called the previous qnes
tion on the passage of tho bill. The call
was sustained by ayes, 26; nays 13.
The vote on tbe passage of the bill
stood : ayes 27, nays 14.
The President voted yes, making two-
thirds majority as required by tho Con
stitution, and tho bill was passed.
On motion the Senste then adjourned.
House.—The Honse met at 9 a. u.,
Speaker Smith presiding.
Prayer by the chaplain.
Tbe Journal of yesterday read and ap
proved.
Mr. Heidt moved to suspend the rules
to take up a resolution that no member
shall speak longer than ten minutes
any subject, without the consent of the
Honse. Motion prevailed.
Mr. Parr mo veil to insert fifteen ii
stead of ten minntes. Agreed to, and the
resolution adopted as amended.
The Governor’s message returning the
bill to provide for an election to fill the
nnexpired term of R. B. Bullock with
out his approval, was on motion taken
np and read.
He gives as his chief reason for veto
ing the bill, the argnment that while un
der the Constitution tbe Legislatnre has
power to pass a general law to fill une
pired terms, they have no authority
puss an act to provide for an election _
fill a vacancy which occurred prior to the
passage of the act.
Mr. Russell hoped that the bill would
pass by an overwhelming constitutional
majority over the veto.
Mr. Bush favored the' passage of the
ill over the veto.
Mr. Jackson argued against passing the
bill.
Mr. Jackson is mistaken when he says
tho people does not want this election;
they have been plundered and maligned
by the “head devil,” who has fled, leaving
Conley to fill tho place he occupied,
cover np his villauies.
Tho gentleman from Fulton admits
that Conley is a usurper, and it is the
duty of sworn Legislators not to recog
nize usurpation, but to repudiate it. If
Mr. Conley will not yield to tho Govern
or now proposed to bo elected, why
should lie yield two years heneb, and
why wonld not the same trouble be fear
ed then as now ? The veto message when
stripped of all unsound argument, dwin
dles down to the idea that Mr. Conley is
in the offico of Governor and wants to
stay there twelve months longer.
Mr. Hoge said that Mr. Conley is only
exercising, tho duties of Governor until a
successor i3 elected and qualified, and it
beyond doubt, that the right to hold
1 election to fill tho vacancy exists. He
favored the passage of the bill over the
veto.
' Mr. Sneed called the previous ques
tion, and the call was sustained. The
yeas and nays wero then taken with the
following result—yeas 110, nays 36. The
bill was declared passed notwithstanding
tho veto, aud was ordered transmitted to
the Senate.
On motion of Mr. Johnson of Jeffer
m, the rules wero suspended and a reso
lution offered by Mr. Hoyle, asking Con
gress to refund tax collected on raw cot
ton under tli 1 revenue laws, was taken
up and adopted.
The bill by Mr. Gumming to endow the
University of Georgia was read first time,
and 200 copies ordered to be printed,
sf Also, a bill to change the time of hold-
to special elections,
a, — .saw In this way only
‘Laws shall Constitution be made.to stand,
and no geuer- The paragraph I have quoted requires
u mw, suwuufi private rights shall I be the returns of every election to be trans-
varied in.any particular case by special muted to the Senate on the next day
legislation, except with the free consent, after the organization of the two houses,
in writing of all persons to bo affected The two houses are organized twice in
»» . — every Jour years—once with the incoming
Suicide to Escape Burning.—As il
lustrating tlie fierceness of tho flamos in
the reoent burning of Peshtigo, Wiscon
sin, and the terror into which the people
were thrown by their approach, one or
two facts are given. It only took about
fifteen minutes* time to envelope in flames
the three hundred houses in the place.-—
bill over tho Governor’s veto. He said
Conley is an usurper, and ought not
have been recognized at first, and t
majority who voted to do so now contra
dict themselves when they propose to
hold an election to fill the office which
they recognize that he now holds. It
acting Governor has
that lig will not sanction the
menfc, but urged that a reasonable com-
gensation should be allowed to no a-
Mr. Woodward called the previous
question. Called sustained. The yeas
aud nays were called for on the motion
to reconsider—yvas 71, nays 52.
Mr. Scott moved to suspend the rules
to take up Hie bill just reconsidered.
On tlie motion to suspend the rales,
tho yoas and nays were called, to find out
if there was a quorum present One
hundred and eighteen members answered
to their names. _ The rules were suspend-
Mr. Jackson moved to insert three dol
lars per day for members, and five dol-
lar.A per day for officers,
Mr. Howell moved to insert S3 per
day for officers, and $5 for members. *
Mr. > Simmons, of Gwinnett, moved
that the House, go in Committee of the
Whole, and perfect the bill. This mo
tion prevailed.
Mr. Goodman moved to report back
tho bid recommended by the com
mittee.
Mr. Hudson said he voted yesterday
r 6ix dollars per day, and is in favor of
that still, Mr. Jackson lives in Atlanta,
and has uo additional expenses, so that
be may be able to afford to represent his
county for three dollars—for every hour
wasted in debate costs over three hun
dred dollars, and some of those who want
such low per diein waste more than tho
differeuce in discussing this and other
ing Richmond Superior Court.
Also, by Mr. Nutting, a bill to amend
ie usury law.
Tho bill to change the county sito of
Clarko county from Watkinsville* to Ath-
is, was taken np and passed.
A bill by Mr. Jones of Macon, to make
imployers responsible for tax due by em
ploye.
A resolution by Mr. Bacon in refer-
ico to ptate aid to railroads, was read
and mado the special order of Monday
next.
Leave of absence was granted to
Messrs. Heidt, Hunter, Putney, Dell,
Summers of Houston, R. A. Murphy,
and Jones of Gwinnett.
The use of this Hall was tendered to
Mr. Law for the purpose of delivering
temperance lecture.
The House was then adjourned until
to-morrow.
POCEEDIXGS OF FRIDAY.
Atlanta, November 24.—House.—
Afternoon Session.—The following bills
:‘re read the first tirno .
By Mr. Jackson—A bill to extend the
right of dissolving garnishments to oth-
than defendants; also a bill to amend
section 4026 of the Code ; also, a bill to
incorporate the Atlanta and Monticello
Railroad.
By Mr. Pou—A bill to authorize tlie
investment of trust fauds iu certain
By Mr. McWhorter—A bill to snbmit
to the voters of this State the question of
abolishing fences.
By Mr. Simmons, of Gwinnett—A bill
to incorporate tlie Macon and Knoxville
Railroad Company.
By Mr. McMillan—A bill to amend the
w in relation to receiving jury certifi
cates for taxes.
By Mr. Griffin, of Houston—A bill to
require Justice of the Peace to furnish
tax receivers with a list of persons it)
their districts liable to taxation.
By Mr. Riley—A bill to compell owners
of wild lands to register them- in the
county where the land lies.
By Mr. Floyd—A bill to make half of
the jury negroes where a negrb is a
party. 1 ^
By Mr. Clarke, of Richmond—A b 11
to amend tbe act to protect planters ’
the salo of fertilizers. , _
By Mr. McNeil—A bill to authorize
ordinaries to order tbe sale of homesteads
when issue is formed ns to their valua-
tion. t x ’
By Mr. Emerson—A bill to incor
porate the Dalton and Southwestern
Railroad.
By Mr. West—A bill to exempt maimed
persons from taxation.. . , ,i ’
Several local bills were read tho first
time. Four hundred and fourteen bills
have been introduced in tho House to
PROCEEDINGS.V.F SATURDAY.
Senate.—The Senate met at 10
Vice-President Hnton presidng.
Prayer by Rev. Mr. Warren.
Journal read and approved.
The following resolution w
the table, to-wit:
A House resolution instructing the
Joint Committee on Finance to examine
certain bonds issued December 11,1853,
and report in regard to a recommendation
of the State Board of Education that the
inter eat on the same be applied to educa ,
tional purposes. -
Bills were rfcad tho second time. .
A message was received from'the Gov
ernor stating the approval of an act to
remove the county from Watkinsville to
Athens. 1 ’’ “*
Mr. Phillips movedjtofixpayof officers
at ten dollars per day, and of members
at scveD.
Mr. Jackson favored reduction to tho
actual expenses of members.
Mr. McMillian favored the plan fix
ing the pay of officers at $8 and mem
bers at 86.
Mr. Crittenden said that the Finance
Committee carefully investigated this
matter, and made a report which he
moved to adopt.
The motion to strike out 86 and insert
37 os per diem of members, prevailed,
the motion to strike $3 for every twenty
miles and insert 35, was lost.
The committee rose and reported back
the bill as amended.
Mr. Hoge moved to adopt a report
of the committee.
The bill ns amehded fixes the pay of
officers at $10, members at 37, and $3 for
every twenty miles traveled.'
Mr. Jackson moved again to strike
out $10 and insert $5, and strike out 37
and insert $3.
Mr. Simmons, of Gwinnett, moved to
strike out $10 and insert $8—strike out
$7 nnd insert $6.
Mr. Hudson called tbe previous ques
tion. Sustained.
The motion to adopt Mr. Simmons*
amendment was lost. ' '
Mr. Jackson’s motion was also lost
On the motion to pass the bill reported
by the Finance Committee the yeas and
nays were called: Yeas '116, -nays 11.
The bill as passed fixes the pay of officers
at $10; of members at $7, and 33 for
every twenty,miles traveled.
On motion the rules wSte suspended
and the following bills were read the first
Mr. Jones, of Terrell—A bill to incor
porate the city of Dawson.
Mr. Summerlin.—A bill to reduce the
bond of Sheriff of Heard.
Mr. Hudson—A bill to amend'the
charter of the . Newuan and Americus
Railroad Company; also, a bill to pro
vide for payment of two judgments ob
tained ngainst the State by B. J. Head.
Mr. Wofford, of Bartow—A bill to
amend the charter of Kingston.
By Mr. Craig—A resolution to appoint
a commit .ee to receive certain transcripts
of land books and to fix value thereof.
By Mr. Wofford of Bartow—A bill to
incorporate tbe Georgia and Alabama
Coal, Iron Mining and Manufacturing
Company.
By Mr. Clcghorn—A bill to revive an
act to create a criminal court, etc., in so
far as it relates to Chattooga county.
By Mr. Jenkins—A bill to authorize
Ordinaries to appoint constables in cer
tain cases; also a bill to amend the road
law in Worth county; also a bill to com
pel non residents, to. pay ad valorem tax
on sheep in said county.**
By Mr. Lipsey—A bill to provide for
collection of insolvent cost. '
By Mr. Payne—A bill to amend the
charter of the. Atlanta and Lookout Bail-
road Company. a .
By Mr. Converse—A bill to incorpo
rate the Grand Bay Baker Manufactur
ing Company. ii ) w i 1 <
By Mr. Craig—A bill to amend tho
laws.
By Mr. Bush—A bill to provide for
divisions of homesteads. . , T , ,
By Mr. Murphy, of Harris—A bill to
reduce pay Of'the Cleric’• of thd Supreme
Court : - . 1 .- i ■ u’%
By Mr. McMillan—A. bill to organize
aboard of commissioners of roadsund
revenue for Habersham county.
By Mr. Glover—A; l?ili ■ to authorize
the Governor to order.
Sumter county;
BILLS ON TH
Bill to repeal sn oot to alter and amend
section 4245 of the Code, in relation to
chain gang. Pained. , , ’'
Bill to repeal the District Conrt Bill.
laid <
House.—House metat 9 a. at., and was.
called to order by the Bpeaker, and opent-
ed with prayer by Rev. Mrl Cox.' '
Journal of yesterday read and bpprov
ed. ■ •' * • ■ ' - ■ -i
Mr. Baoqn moved to roponsidVj B ?
Lost-
Bill to alter, section 3472, Delating to
continuances in civil cases. Passed.,
Bill to repeal to act to secure profits,
etc., ari&ing from homestead. Passed.
: Bill to order to election ‘for Governor.
Laid outheitsble*-t> In-rifliL jtir v
BiU to incorporate Logjam** Banking
and Trqst Company. Passed. * .
BUI for relief of tax Collector of Clay.
Passed. : X « ''“•*»; “ • 1 • : " "am n J
A message 1 fiwsr the OdvernOr^trans
mitting the Report oft the'cemfeutlM-ap
pointed, to revise ;tbe Csde. Referred to
tho Judiciary pojnmittee. . ; ,
Another message transmitting th6 re
port t>f the trustees Of thd -Academy of
tho Blind. Referred to a committee.
1 Another mu^fgu. teammitti** the. re-
irsWraflUGK
“ 'Uia on tKo table. "!
iiitiiltb'ranqbte.
. amend section‘ SEMI of the^
inlrelalUn to liens 01 landlorcle van
aoafc fc . „
used Code, which provides 16
minority rtoBMatefc 1 Passed.
•I A’bill to change the line> betw
counties* of Upson and Pike,,
A bill to legalize theactionsc.
Wilcox fcunty, as f Ordinary; etc. *
too'late now to pass a law to fill a vacan-1 much of yesterday’s proceedings us re*
cy which has been filled before this bill late to the passage of the per diem bill,
beoomes a law. If Mr. Jenkins were in I Ho said that ho made this motion to re-
Mr. Conley’s place wonld it be attempted consider in order to insert 33 ’.instead- of
Conley’s place
to order an election t If oneconld looklSG. . . ...... . I
Mr. McMillian, stated it would cost .the
State as much to discuss this question
As the toiTent of fire approached there into the hearts of the people it would be
seemed to be no escape from it except seen that they do no want an election
death, and'many shot themselves to avoid held now, for the risks are greater than
perishing in the flames. One caso is re- the advantages to be gained. The Fed-
corded in which a German cut the throats eral Congress is on the eve of ossemb-
of his wife and three children, os well as ling, and nearly every State in which
bis own, preferring this death for him- elections have been held has gone Re
self and them to tho lingering torture of publican. The Ku-klux Committees are
fire. about to report, and eo long as tho color-
hour as a reduction of one dollar pes
day, but if Mr. Bacou was in earnest hi
would support the motion to reconsider.
Mr. Bacon said that he teas in favor of
fixing the per diem nt §3 .which would
pay tho expenses of members hero.
Mr. Philips was in favor of retrench-
cd.
A bill'to chabgo the boundry lines.be-
rcen Glynn, Wayne and Camden coun
ties, .Jjnsk- ...... , 1 . .,
A. oill to authorize the Coroner of
Chatham county 'to hold inquests in cer
tain cases.-‘Passed.
©A bill to punish
and qualified, by Jaw wl)q
as constables in Chatham county. Pass-
-a. ■
A bUl to repeal the act consolidating
officers of Tax Receiver and Tax Collect
or of Chatham county. Passed.
A. bill, to authorize agents and Attorn
eys to swearr to pleas in civil cases.—
Passed.
Tlio House then adjourned until 10 a.
11., on Monday.