The Gainesville eagle. (Gainesville, Ga.) 18??-1947, November 15, 1878, Image 1

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The Gainesville Eagle Published Every Friday Morning O F 1 jn x o E Upstairs in Candler Hall Building, Northwest Corner of Public Square. The Official Organ or Hall, Banks, White, Towns, naoun, union and Dawson counties, and the city or Qalnesrille. Has a large general circulation in twelve Hher counties in Northeast Georgia, and two coU-ues in Western North Carolina. • SUBSCRIPTION. Chr* Ykab $2,00. Six Months SI,OO. Thbb* Months s<r c . t# ASH AKC*. IWUVIIIS BY CAIUIIKR OH PREPAID bt Ham. AH papers are stopped at the expiration of the time paid for without further notice. Mail sub scribers will please observe the dates on their wrappers. Persons wishing the paper will have their orders dromptly attended to by remmitting the amount for the time desired. ADVERTISING. SEVKK WORDS MAKE A LIKE. Ordinary advertisements, per Nonpareil line, 10 cents. Legal Official Auction and Amusement advertise inents and Special Notices, per. Nonpa reil line. 15 cents. Reading notlees per line, Nonpareil type 16 cents Leeal notices, per line, Brevier type, 16 cents. A discount made on advertisements continued for longer than one week. REMITTANCES For inbscriptions or advertising can be made by Post Office order, Registered Letter or Express, at our risk. All letters should be addressd, J. E. REDWINE, Gainesville, Ga. GENERAL DIRECTORY. JUDICIARY. Hon. George D. Rice, Judge S. 0. Western Circuit. A, L. Mitchell, Solicitor, Athens, Ga. COUNTY OFEIOERB. 3. B. M. Wlnbnrn, Ordinary; John L. Gaines, ■herlff; J. F. Duckett, Deputy Sheriff; J. J. Mayne, Olerk Saperior Court; W. 8. Pickrell, Deputy Cier. Superior Court ; N. B. Clark, Tax Collector ; -J B. H. Luck, Tax Reoeiver; Gideon Harrison, Sur veyor ; Edward Lowry, Coroner ; R. C. Young, Treasurer. CITY GOVERNMENT. Dr. H. S. Bradley, Mayor. Aldermen—Dr. H. J. Long, W. B. Clements, T. A. Panel, W. H. Henderson,W. G. Henderson, T. M. Merck. A. B. O. Dorsey, Clerk; J. R. Boone, Trreasurer; T. N.Uanie, Marshal; Henry Perry, City Attorney. CHURCH DIRECTORY. Phbsbttkbian Church— Rev. T. P. Cleveland, Pastor. Preaching every Sabbath—morning and ■lght, except the second Sabbath. 8u day Sohooi, at fa. m. Prayer meeting Wednesday evening at 4 o’clock. * Methodist Church—Rev. W. W. Wadsworth, Pas tor. Preaching every Sunday morning and night. Sunday School at!) a. m. Prayer meeting Wednes day night. Baptist Church Rev. W. C. Wilkes, Pastor. Preaohing Sunday morning and night. Sunday- School at 9a. m Prayer meeting Thursday evening at 4 o’clock. GAINESVILLE LIBRARY ASSOCIATION. B. Kates, President; Win. W. Habersham, Libra rian. YOUNG MEN’S CHRISTIAN ASSOCIATION. A. M. Jackson, President; B. 0. Maddox, Vico President; W. B. Clements, Secretary. Regular services every Sabbath evening at one of the Churches. Cottago prayer meeting* every Tuesday night in “Old Town,’’and Friday .night near the depot FRATERNAL RECORD. Flowery Branch Lodqk No. 79, I. O. O. TANARUS., meets svery Monday night, Joel Laheter, N. G. *. F. Stkdham, Sec. Allsuhant Royal Arch Chapter meets on the Seeand and Fourth Tuesday evenings iu each manth. 8. S. Bradley, Sec’y. A. W. Caldwsll, H. P. Gainesville Lodge, No. 219, A.-. F.-. M.\. meets ju the First a nd Third Tuesday evening in the month R. Palmodr, Beo’y. It. E. Green, W. M. Air-Link Lodqi, No. 64 ,1, O. O. JF., meets every Friday evening. 0. A. Lilly, Sec. W. H. Harrison, N. G. GAINESVILLE POST OFFICE. Owing to recent change ofsoheduloou the Atlan ta and Charlotte Air Line Railroad, the following will be the schedule from date: Kail train No. 1, going east, leaves 7:47 p. m. Mall for this train closes at 7:00 “ Mall train No. 2, going east, 1eave5....8:35 a. m. No mail by this train. Mail train No. 1* going west, 1eave5....6:61 a. m. Mail for this train closes at.... 9:30 p.m. Mail train Ne. 2, going west, 1e;ve5....9:05 p. in. Mail for this traia closes at 7.30 “ Office hours from 7 a. m. to 6:30 p. m. Geaeraldelivery open on Sundays from Bbi to9>f. Departure of mails from thia office: Dahlonega and Gilmer county, daily 8t s. in Dahlonoga, via Wahoo and Ethel, Saturday a. in Jeffersoa k Jackson county, Tuesday, Thurs day and Saturday.. 7 a. m (HevslanA, White, Union, Towns and Hayes villo, N. C., Tuesdays and Fridays 7 a. m Dawsonvillo and Dawson county,, Tuesday and Saturday 8 a. m. Bomer, Banks county, Saturday 1 p. m Pleasant Grove, Forsyth county, Saturday..l p.m M. R. ARCHER, P.M. Atlanta and Charlotte AIK-I,IN K, Trains will run as follows on and after SUNDAY, SEPTEMBER 29,1878, MAIL TRAIN, DAILY. GOING EAST. Irttare Atlanta 2:40 p. rn- Leave Gainesville 4:56 p. m. Arrive Charlotte 2:20 a. m. GOING WEST. lieave Charlotte 1:18 a. m. Leave Gainesville 9:55 a. m. Arrive Atlanta 12:00 m. Through Freight Train. (Daily except Sunday.) GOING EAST. Leave Atlanta 8:37 a. m. Arrive Gainesville 12:28 p. ns Leave Gainesville 1:10 p. in' Arrive Central ... 7:12 p. in GOING WEST. Leave Central 2:55 a. Arrive Gainesville 8:25 a. m. Leave Gainesville 8:37 a. ra. Arrive Atlanta 12:25 p. m. Looal Freight and Accommodation Train. (Daily except Sunday.) GOING BAST. Leave Atlanta 5:45 a. in. Arrive Gainesville 10:54 a. m. Leave Gainesville 11:23 a. m. Arrive Central 6:35 p. m. WEST. Leave Central..*. - ,4:45 a. m. Arrive Gaineßviller. * 1:10 p. m. Leave Gainesville “ 1:40 p. in. Arrive Atlanta... 6:45 p. m. Close connection at Atlanta for all points Yfeet, and at Charlotte for all points East. G. J. Fobeaore, General Manager W. J. Houston, Gen. P. <fc T. A’gt. Northeastern Railroad of Georgia. TIME TABLE. Taking effect Monday, June 10, 1878. All trains run daily except Sunday. TRAIN NO. 1. STATIONS. ARRIVE. LEAV^k A. M. Athens 7 00 Cst*r 721 722 Nicholson 736 739 Harmony Grove, 759 807 Mavsville 827 832 Glllsville 849 850 Lula 9 15 TRAIN INO. ———- ■ ■ ■ t V- STATIONS. ARRIVE. LEAVE. P. M. Lula 5 25 Gillsville 542 545 Maysville 602 608 Harmony Grove .. 630 640 Nieholsoa 701 707 Center 722 725 Athens 7 45 WOOL! WOOL! The Wool Carder at Brown’s Mill having been thoroughly repaired, is now doing well. All wool left at K. L Boone’s store will be taken away the samo week, and re turned carded the next week. Satisfaction guaranteed. O. CLAKK. acpia-t. The Gainesville Eagle. VOL. XII. Ellen and Louis Riege. Ellen Murphy’s history, so myste riouely hidden since August from every one of her intima.e friends who supposed that her body was that found iu the barrel near Silver Lake, Staten Island, in September, had its latest and to her most eventful chap ter acted yesterday. In yesterday's Sun it was briefly related how Ellen left her trunk at Mrs. Condren’s in Tompkinsville, and went to look for her lover, Louis Riege, in Somer ville, N. J., how she did not find him and how she then disappeared. She had hinted that she was going to Europe if Louis Riege would not provide for her and protect her when she was about to become the mother of his child. The avenues of travel to Europe were visited by reporters, but nothing could be learned of El len’s departure by any water ronte from the city. It had been tacitly agreed that the fate of Ellen Murphy was to be only one of the hundreds of similar ones. A poor girl had again been weary of life, and sought self-destruction. Riege had been as anxious as any one to know of her whereabouts. After his discharge from arrest he resumed work in Freeman’s brewery in Clifton, where, eighteen months ago, he first met Ellen. As he had been in danger of indictment for the murder of Ellen, while the body in the barrel was thought to bo hers, and as the news papers had heralded his testimony before the Coroner’s jury, and yet Ellen had not appeared to set him free, ho feared that she was no longer living. On Thursday last Louis was told at the brewery that a woman wanted to see him. In a momentho stood before Ellen Murphy. With a cry of joy he took her in his arms. Her face was pale. Together the couple returned to Ellen’s hired apartments in this city, where the father was presented with a healthy girl baby just two weeks old, Its blue eyes and its nose are the repro duction of Ellen’s, while the lower face is an image of Louis. A Sun reporter, calling on the young couple last evening, found them on the point of starting out to be married. A friendly German woman in the house had the baby iu charge, and was to stay at home and care for it until El len aod Louis should return. The bride elect wore a drab dress trimmed with navy blue, and a blue ribbon was at her throat. She took from a nail a white hat, jauntily cocked up on one side, and tastefully trimmed with light blue silk. “Be careful of the baby,” was her parting request. Louis, who wore a business suit, pioked up his soft felt hat, and, before putting it on, bent over the baby and kissed its forehead tender ly. The reporter was an invited guest, and on the way to the minis ter’s, Eden told, while riding in a street car, some of her history. She refused, however, to reveal where she went after giving up Louis, in August. It was not to any rooms in this city, as has been said, but to a couutry town 100 miles from New York, iu a private family, where she went under an assumed name. In her skirt lining she had sewed un all her savings, amounting to SIOO in cash, and on that the relied to pay her expenses. A physician and a careful nurse attended her. The finding of the unknown body was known to her, and the subse quent dispute whether it was ner own or not, but she would not reveal her whereabouts. When Louis was arrested, she t-agi rly read the news papers to tee W! other he was to be imprisoned lor tier murder. If so, then she had determined to return home and have him released. But if he was only for a time in trouble she would left him endure it. She thought that he ought to have some punishment for hie neglect of her in Clifton. Ellen added that they had decided, in many conversations last summer, that they would immediate ly marry, but the dread of exposure, and, more than all, of facing their friends, who objected to the union, either on account of differences in religious belief or m nationality, kept them unsettled in their pur pose- .. Ellen’s sJdjw was told in intervals of conversation "with Louis, and her words cs well auanaer toward him showed that she was glad to have found a protector." There was even a sparkle in her eyes, a faint color in her pale cheeks, and a re newed vigor in her motions. When the wedding party alighted from the street car Louis led the way to the De Witt City Mission Chapel, in. Greenwich street, near Cedar, a tiny Gothic edifice, where Sunday services are held. It is unsectariau. The Rev. George Halt, a Baptist minister, is in charge, however, and he greeted the wedding guests. There was a brief prayer, invoking the Christ who was at the marriage in Cana of Galilee to witness and bless the nuptials, and a briefer ad dress in which the little company was reminded that it is not good for man to live alone and that therefore (med made woman to be a helpmeet for him, when the minister joined the hands of the coup'e and pro nounced them man and wife. Louis meanwhile looked at the minister, and Ellen kept her eye3 fixed on the floor. Asa prayer was offered that the marriage might be recognized in heaven, Louis’s eyes lilied with tears that rolled down his face. Then Louis tucked something into, the minister’s hand. The minister held the outer door open and shook hands with each member of the party as it walked into the street. Up Broad way it went, and in passing the flow er stand in front of St Paul’s Chuich, the reporter bought a bouquet of ro ses and violets and gave it to the bride. It was their only present. The newly-married couple returned to their comfortable room. Louis says that they are to return to Staten Island to live, some time in this week. —New York Sun. Columbus is exercised over a dou ble marriage. This kind of business is going on to an alarming extent in that city. GAINESVILLE, GA., FRIDAY . MORNING, NOVEMBER 15, 1878. Governor’s Message, Executive Department. Atlanta, Ga., November 5, 1878. To the General Assembly : The circumstances attending the present assembling of your body are so impressive and marked in their character as, in my jadgment, to de mand precedence over all other ques tions which I shall present in this message, referring merely to our ma terial condition and necessities. The present year has been one of such afflictive experience in many sections of our land as to appal the heart and attract the sympathy of the civilized world. The resistless pestilence, baffling the utmost that man could do, and leaving behind it the habiliments of woe in thousands of households, has not touched one spot in all our borders. While our part has been that of the sympathiz ing friend and brother, we have been so blessed in our exemption from the awful visitation which we deplored for others, that we should be filled with grateful and humble acknowl edgements. We have been spared from the desolating storms and inun dations which have swept over other sections. Not one case of popular commotion has excited or alarmed us. The State has been blessed gen erally with such crops as leave no cause for complaint. Our merchants and manufacturers have passed through the year with such rewards as should satisfy the moderate. In review of all interests, and the fortune of every section of our State, we have very much to cheer and en courage us. The depression which for years preceding this has so weighed us down is gradually giving way to the hopeful promise which rises up be fore U3 of a better and y comipg. Does it not become us to make for mal, as well as heartfelt acknowledg ments for such a catalogue of signal benefits ? THE state finances. The cash balance in the Treasury> January 1, 1877, was $564,283.33- The amount received from all sources into the Treasury during the year 1877 was $1,998,346.84, the details of which will appear, by reference to the reports of the Treasurer and Comptroller General, herewith sub mitted. The disbursements daring the year 1877 were $1,728,910 80, leaving a cash balance in the Treasury of $833,719 37. The objects of these disbursements are stated iu the ac companying reports. The public debt of the State on the Ist of January, 1878, was $10,644,- 500, the annual interest on the same being $719,135. Of the public debt $200,000 principal became payable, and was paid in 1878, and SIOO,OOO was paid in 1877. In the ytar 1879 there will mature s3oo } ooo of the public debt, for which provision must be made, as well as for the annual interest accruing of $708,135; the whole amount to be paid on the pub lic debt, principal and interest, next year being $1,008,135. In conseqsence of the receipt of a considerable sum of money from un expected sources, viz: $152,678.94 from the United States government on claim of the Western and Atlan tic Railroad, and $25,000 income from the Macon and Brunswick Rail road, the temporary loan of the year 1876 of $350,000 was reduced to $200,000 in the year 1877. As the fiscal year begins the Ist of January and ends the 31st of De cember, the full financial reports of the year 1878 are not ready, the present fiscal year not having ex pired. The Comptroller General recommends that the fiscal year be changed from the present time and made to run from October first to October first, each year. I favor this recommendation, as under the new Constitution the general assembly meets biennially on the first Wednes day in November, and the change is necessary in order . for the general assembly to have before it the re ports of the year before its session. The treasurer, however, has made a supplemental report to the report of 1877, giving the financial opera tions of the nine months of the year 1878, to the Ist of October, which is herewith submitted. From this re port it appears that the— Cash balance in the treasury January 1878 $ 833,719 37 Receipts during the nine months were $ 612,080 35 And the disbursements 1,150,010 04 Leaving a balance in the treas my ea the Ist of Ootober of $ 295,789 68 It i-? well to state the gratifying fact as evincing the improved finan cial condition of the State, that for the first time in a number of years it has been unnecessary to make a tem porary loan to meet the heavy sum mer payments upon the public debt that fall due before taxes begin to come in. In 1877, though the gen eral assembly provided for a loan of $500,000, it was only necossary to borrow $200,000, while in 1878 no loan was made. As, however, the expense of the legislature is to be paid out of the incoming taxed, and as $300,000 will have to be paid on the principal or the public debt in 1879, a temporary loan will probably be necessary. I shall be pardoned for a brief al lusion to the general financial condi tion of oar State. The, facts of that condition show that no State in the Union is more solvent, or should have a stronger financial reputation than Georgia. Our public debt is but one twenty-third of our taxable property. The State has nearly am ple assets in its two valuable rail roads and other property, if sold, to pay off the debt. There is a consti tutional prohibition against any further increase of our State indebt-] edness, while the annual income pays the expenses, and, in addition, liqui dates yearly from two to three hun dred thousand dollars of the public debt. This is a gratifying exhibit to ail of her citizens, and especially to 1 the holders of Georgia securities, who have the assurance, that as the facts of the abundant, financial re sources of the State, ajid its growing prosperity, become known, their bonds will rise above even theiij present high value in the commercial world. wild LANDS. In this financial connection, it is proper to call your attention to the fact that the present wild land law needs some amendment. The Comp troller General recommends that the present law, approved February 28, 1874, be amended so as to allow the Comptroller to make up a list of all unreturued wild lands and improved land?, and upon these issue fi fas; and also, that section 891 of the Code, requiring a transfer of wild land fi fas, be amended so as to allow the State control of such fi fas. Un der the present law, by which the Comptroller issues fi fas, on list® of unreturned wild lands sent up by receivers, and the State is obliged to transfer tke fi fas to parties applying, many errors are committed, and in justice done. The object to be served is such a moulding of the laws as will force the owners of wild lands to pay their legitimate share of the burdens of taxation, acd at the same time avoid mistakes that work forfeiture of property upon in dividuals, or else put them to trouble and expense to correct such mistakes. The matter is an important one, and I commend it to the general assem bly as urgently needing careful at tention. a collected claim During the year 1877 a very timely payment into the State treasury was received from an unexpected source. At the close of the war the United States government was in the pos session of the Western and Atlantic Railroad, and when the road was turned over to the State, the Federal government sold the rolling atook to the Stace of Georgia for a certain amount of money, which our State paid, thus closing the transaction. Col. Baugh was Superintendent of the road at the time. Fours years after, in 1869, Col. Baugh proposed to Gov. Bullock to enter into an agreement to induce the United States government to re-open the claim and refund to the State money alleged to have been in excess of the real value of the rolling stock Bold and paid for. For eight years this claim was pressed, and success seemed impossible. The Quarter master General of the United States made a long and decided report against the claim. No less than ten attorneys were connected with the claim from first to last, and used en ergy and expended time and money upon what seemed to be a hopeless enterprise. Early in 1877 the claim, however, was passed, and the sum of $196,038.56 was paid by the United States government. The original agreement as to com pensation between Col. Baugh and his partner, Gen. A. C. Garlington, and Gov. Bullock, was that the State wan to pay a retainer of $3,000 to Baugh and Garlington, and a condi tional fee of 12J- per cent, of the amount recovered. Other attorneys were afterwards employed and the conditional fee was enlarged to a per cent., not to exceed 25 per cent, of the amount recovered. The attor neys interested were Col. Robert Baugh, Gen. A. C. Garlington, and Col. R. A Alston, of Atlanta, Ga., the law firm of Jackson, Lawton & Basinger, of Savannah, Ga., Col. J. C. Fain, of Gordon county, Ga., and W. A. Prescott, Esq., and C. D. Wil lard, Esq., of Washington, D. C. The 25 per cent, agreed upon was allowed the attorneys, the retainer of $3,000 beiDg first deducted, and the balance $152,278.94 was paid in to the treasury of the State. The only question to be considered in the allowance of fee to the attorneys for collecting the claim was whether the contract for a conditional fee to be enlarged from 12£ per cent, to a sum not to exceed 25 per cent, of the amount recovered was to be con strued as giving them 25 per cent, or less. The evidence upon this point was, in my judgment, full and conclusive that in case of re covery the full amount of 25 percent, was to be retained as the contingent fee. THE STATE UNIVERSITY. The condition of the State Univer sity, <T the College of Agriculture and the Mechanic Arts, and of the North Georgia Agricultural College, is shown in the accotnpHnying reports. The receipts for 1876 7 were $41,- 529 54, which, with the balance on hand July 1, 1876, made the revenue for the year $46,518 80. The dis bursements |were $34,886 44, leaving the balance on hand, Jniy, 1877, $11,895 19, which, with scrip fund and tuition due, would run the bal ance to $15,000 00. The amount of $15,000 voted by the general assem bly te supplement the experimental and mechanical departments of the University has been received and ju diciously used, as far as expended. Fur the year 1877-8, the leceipts, not including the balance from the previous year, were $33,862.61, and the disbursements, including pur chase of apparatus, were S3B 206 98, leaving a casn balance of $9,688 78 belonging to the Library, Apparatus, Laud Scrip and general funds. The report gives the details of receipts and expfttlitures, and says that leav ing out the expenditures for appa ratus the total disbursements were $67.22 in excess of the total receipts, and including refunde „ tuition, $990 70 less than the appropriation made in August, 1877. The decline in the number of stu dents,and in consequent income from tuition, caused the board of trustees to examine closely into the cause of such decline. There is no reason why this venerable and illustrious institution should fall into decadence, but, on the contrary, every good ground for its increasing in useful ness and prosperity. Ths Universi ty ha3 an able and full faculty, it is provided with $22,500 worth of ap paratus for the instruction of science, * it presents facilities for the education of our youth surpassed by no college in the country. In the increased number of pupils in attendance, theie is an indication of a more prosperous condition. The plan of utilizing the* public Biddings at Milledgeville by estab- BihiDg in them a branch agricultural dfilege, like the one at Dahlonega, i.'jone that presents strong merits, tAid is respectfully brought to the consideration of the general assem bly. To show the value of the Dah lfeega college, it may bo stated that t|is report of the president,submitted Jhns 10, 1878, and approved by the beard, for the scholastic year, shows three hundred pupils received iu the various depart najents of the institution, at a total expense of the smaU snm of $4,440. IMike favorable results can be reach ed by the establishment of a similar institution in the unoccupied public buildings at Milledgeville, it would bd both a wise policy for the State, afid a grateful favor to the citizens of the old capital. THE LUNATIC ASYLUM. Th 9 report of the trustees of the Linatic Asylum for the year 1877 is very satisfactory. The appropriation wis $108,550., The balance at the banning of the year was $1,965.06. Tke expenses for the year were $Bl,- 2j3, leaving $26,000 of the amount appropriated undrawn from the treas ury. The cost per "capita of main taining the institution was 36 63-100 a day, against 37£ cents the year before. The number of patients was 663 at the close of the year, against 605 the year before,being an increase of 68 in number. Accommodations were added during the year for about 136 additional patients, the capacity of the institution being in creased to about 800 patients. ’The death of Dr. James F. Boze man, for five years president of the beard of trustees, daring the year 1877, was a loss to the institution of a manager distinguished alike by a thorough conception of the needs of thsfe Asylum, superior executive man agement, and a Christian public spirit. Berthe ten months beginning De cember 1, 1877, and extending to September 30, 1878, the trustees re port the expenses $73,291.41, for an awr&go of 725 patients, Ou the Ist of October, 1878, the number of pa tients was 743, The expense per capita was 34 55-100 during the ten months. It will thus be seen that th management of tho institution hop been decidedly economical and efljjiient. l)f the amount appropriated by the general assembly for the 22 months from December 1, 1876, to October 1, 1878, $40,620 hag not been used, and remains in the treasury. This large saviug is due to the rigid economy of the board. The trastees ask permis sion to use $25,000 of this amount to enlarge the buildings for the oolored patients, and to finish a number of rooms in the main buildings that may be made available,and other improve majD.r. The necessity of an enlarge rnfent di tnfi negro b addings is repre sented to be pressing. The trustees, after consultation with the Executive and Attorney General, did not deem it proper to use the unexpended money appropriated for the mainte nance of the asylum for the construc tion of buildings, but preferred to ask the general assembly for author ity to so apply a portion of the un drawn appropriation. The suggestion of the trustees iu this matter is in the spirit of human ity. The number of thia unfortunate class of colored people is increasing yearly, and the proper and humane care of them demands enlarged ac commodations. ACADEMY FOR THE BLIND. The twenty-sixth annual report of the trustees of the Georgia Academy for the Blind, at Macon, for the year 1877, is herewith submitted. It shows the attendance of 63 pupils. The receipts for maintenance were $12,732.07, including balance of $33 from the year 1876, and the expend itures were $12,538.14. In addition, $1,174.62 was expended for building a cistern. THE DEAF AND DUMB ASYLUM. The Institution for the Deaf and and Dumb, at Cave Spring, is in ex cellent condition. The report of the trustees covers the operations from July 1, 1877, to June 30, 1878. The pupils numbered 73, the largest num ber at one time being 71, and the average 65, or 25 more than the pre vious year. Of these 37 were males, and 36 females. The asylum appears to have been managed economically. The trustees urge that the legisla ture make provision for completing the department for colored deaf mutes, and for increasing the accom modations for white mutes. The quarters are alleged to be inconveni ent for the number of pupils now in the institution. There are said to be fully 300 deaf mutes in the State needing the benefits of this institu tion. The trustees ask an increased appropriation for the maintenance of pupils. THE COMMON SCHOOLS. The report of the State School Commissioner shows an encouraging condition of the public schools in the State. In 1877, the attendance was 190,626; in 1876, 179,405; in 1875, 156,394; and in 1873, 83,677. These figures show the steady growth of the common school system. In 1877 the attendance of white children was 126,962, and of colored children 61,- 664. The statistics for 1878 are not yet obtainable, as some of the schools are still in operation, and reports are not made until the close of the term. The State school fund, including the poll tax, iB about $300,000. The counties and cities raised by local taxation, under local laws, in 1877, the sum of $100,153 making the en tire free school fund for that year about $400,000. The enumeration of the school population in 1878 shows 236,319 whites and 197,125 colored; total 433,444. This is a total increase over the enumeration of 1874 of 39,- 407; whites, 17,587; colored, 21,821. While there has been an increase in the school population, there has been a decrease in the illiteracy in the State. In 1874, the number of persons between ten and eighteen unable to read was 106,444 of which the whites were 26,552 and the color ed 79,092. The returns for 1878 show a total of these illiterates of 85,730;white5,22,323; c010red,23,307; showing a decrease of 20,614; whites, 4,229; colored, 46,385. This is an encouraging result of the free school system. The report recommends amend ments of tho school law, looking to an increased income for the support of public schools. Your attention is respectfully called to the suggestions of the com missioner. DEPARTMENT OF A 081 CULTURE. The fourth annual report of the Commissioner of Agriculture for the year 1877, and the fifth annual re port for 1878, are respectfully sub mitted. They present fully the work of this important department, and show a valuable aggregate result. The department has proven benefi cial to the agricultural interests of the State, and ha3 undoubtedly made the State reputation abroad for farm ing progress. The collection of firm statistics and planting experiments has educated the farmers in improved methods of agriculture, in the use of labor-saving implements, and ia the general planting of better seeds. The inspection of fertilizers has saved a large amount of money to the fanners in the exclusion of inferior commer cial manures from our markets. The railroad statistics of the sums spent for foreign provisions ha* shown the dependence upon other States, and the large amount spent abroad for farm supplies. This information has stimulated the production of food crops to the great benefit of the State. During the last year, the re ceipts for the State treasury from the fees for the inspection of fertili zers under the new system have not only paid the expenses of the depart ment of agriculture, but left a very considerable balance in the treasury. The gross amount from inspection in 1878 was $45,235.77; expenses of in spection, $11,150 30; leaving a net balance of $34,085.47. Deducting from this $15,700, the cost of the de partment of agriculture, there re mains $19,385.49 in the treasury of income for the State from this source. The reports contain a number of val uable matters that are commended to the careful consideration of the general assembly. THE GEOLOGICAL SURVEY. The State Geologist has steadily progressed ia tho work of a survey of the State, covering the western third of the State, and nearly all north of the Chattahoochee river, embracing tho main portion of the mineral ter ritory. Maps have been completed of twenty-seven counties, the marl beds in fifty-two couuties have been located, and analyses made of serpa ty-five marls, showing a great variety in character as well as abundance in quantity. The measurements of wa ter courses have been continued over nearly the whole State, especial at tention having been given to the counties bordering on the Blue Ridge, on account of the immense value of those streams in working the gold mines. There are over four hundred stamps in operation in the forty gold mills in the State. A spe cial collection of minerals, rocks and woods was sent and exhibited jot the Paris Exposition. ATTORNEY GENERALS REPORT. The Attorney General embraces in his report the full operations in his department, from the first of Janua ry, 1877, to the present time. The litigation in which the State is inter ested has been and is large, impor tant and varied, and comprehends questions of legal difficulty as well as of great pecuniary magnitude. The most important, perhaps, are the railroad tax cases, which involve over half a million dollars of money, and cover grave legal issues. These have been ably represented in the conrtß by General Toombs and the Attorney General. The attention of the gene ral assembly is directed to the sug gestions of the Atio?ney General in connection of these tax cases and other subjects. THE PENITENTIARY, The report of the principal keeper of the penitentiary is foil in its de tails. There are now in the penitentiary 1,239 convcts. Since October, 1866, the whole number of convicts received in the penitentiary has been 3,293, 265 were pardoned, 406 died, 656 es caped, and 828 discharged. In 1877 were received 340, and in 1878 to October 209 convicts. The report states that the lessees are faithfully endeavoring to carry out their contacts with the State. The convicts are well treated in every respect. There has been a gratifying decrease in the deaths and escapes for 1878, the records showing one third less in the number of deaths, and two-thirds less in the number of escapes, thu3 evincing more care ful attention to the comfort and health of the convicts, and the great er watchfulness in guarding them. The principal keeper recommends some amendments to the law, to which your attention is directed. The receipts from the hire of con victs from January 1, 1877, to De cember 31, were $14,160 47. The hire for 1878 will not be due until December 31, PARDONS. In conformity with the new consti tution, I submit, in an accompanying document, a list of pardons granted by me since the new constitution went into operation,with a statement of the grounds in each case for the exercise of executive clemency. THE MACON & BRUNSWICK RAILROAD. The important work, now controll ed by the State, demands some de cisive action by the legislature. The direct pecuniary interest involved in this property is large, and the inci dental interests resulting from a wise and energetic management of its business, seem, to my mind, to prom ise incalculable benefit to that section penetrated by this road. It would be difficult to find a section which embraces a wider range of produc tion, or which possesses such possi bilities of pi\ titable development. Favorable rates of transportation, and jsnch general and permanent en couragement as a great line like the Macon & Brunswick road coaid give to industrial enterprise in all the ter ritory within easy reach of it, would add largely to the value of such prop erty, and thousands to our popula tion. It will be for the legislature to determine whether these desirable results can be expected asjreasonably while the State holds the road aa property, as could be looked for if it were under the control of parties who were interested as private indi viduals. Eren under the State’s fortunate ownership of railroad property, it is questionable if such ownership, under all considerations is a wise policy. To my mind, nothing is clearer than the wisdom of simplifying and re stricting the duties and obligations of government. The great work tn be accomplished by the State is thr protection of life and property Whenever the commonwealth at tempts to act the part of a property - holder, entering into competition with private individual Jenterprises, we may look for sueh complications, and increase of expenditure, and en largement of State patronage, as will embarrass the success, if it does not threaten the purity, of administra tion. It is a question of large import, which is before us for solution, how soon, and on what terms should the State relinquish to the citizens ail proprietorship in such property. It is a question that, to my mind, has long been settled,? that not a dollar should be drawn from the pocket of the tax-payer that could, with a wise economy, be left there; and that an interest-bearing debt is no benefit to any State that owes it, and the soon era public debt is extinguished, when there are assets to pay it, the better it is for the public interest. Feeling and believing this, I am prepared to advise a long lease or the sale of the Macon and Brunswick Railroad, nn der snoh restrictions as will secure the State against loss, and protect the citizen against oppressive rates of transportation. The report of the commissioners of the Maeon and Brunswick Road, herewith submitted, shows that for the twenty-two months beginning De cember 1, 1876, and ending Septem ber 30, 1878, the total earnings were $631,911.79, and the total expenses $554,352.47, leaving as net earnings for that period the sum of $77,559 32 Of this amount $65,Q00j has been paid into the Stats Treasury. Of the expenses $37,036 74 were paid on matters not chargeable to current ex penses. This added to the net earn ings would make the sum of sll4, 594.06 over the actual cost of running the road. The road is in good con dition and the limited motive power in fair order NORTH AND SOUTH, AND MEMPHIS BRANCH RAILROADS. During the administration of Gov ernor Smith, the North & South, and the Memphis Branch Railroad Com panies having failed to pay the in terest upon their State-endorsed bonds, said railroads, and all the property of said companies, were seized and taken possession of by the State. Under the discretion vested in the Governor by the act granting aid to said companies, and in pursuance of an Executive order of date July 26, 1877, the North and South railroad was sold in the city of Columbus, on the first Tuesday in September next thereafter, for the sum of forty ti-ou •and five hundred dollars. The puroh&ser at said sale failed to pay the amount of his bid; and Laving received an offer from Louis F. Gar rard, and others of said city, to take said road and other property for the sum so bid at said sale, if, time were allowed for the payment. I deemed it for the best interest of the State to aocept the same. Accordingly a deed has been exe cuted by tho Governor on behalf of the State, conveying to the said Louis F. Garrard, hie associates, all the property and franchises of said North and South Railroad Company. In consideration of said conveyance the purchasers agree to pay to the State, on the first day of Jaßuary, 1884, the said sum of forty thousand five hun dred dollars; aad also, to pay to the Treasurer of Georgia, semi-annually, in advance, interest 6n said sum at the rate of seven per oent. per annum until said principal is paid. They further agree to expend,within twelve months from the date of said convey ance, the sum of twenty thousand dollars npon the extension and equip ment of said road. Under the terms of said deed the State holds a prior lien upon the property oonveyed, and, also, npon the property that may be added thereto, and expressly reserves the right to seize and resume possession thereof upon the failure of said pur chasers to pay the principal, or any pait of said interest, within thirty days after the same may become due. In accordance with said agreement, the sum of two thousand eight hun dred and thirty-five dollars, interest on the amount of said purchase up to ' January 1, 1879, has been paid into . the State Treasury. In pursuance of an Executive order iasued June 6, 1877, the property of the Memphis Branch Railroad Com pany, except its franchise, road-bed, and the bridge across the Oostanaula river, was exposed for Rale in the city of Rome on the first Tuesday iu Au gust next thereafter, and was bid off by the Marietta and North Georgia Railroad Company for the sum of nine thousand dollars. Said last named company being unable to pay the amount Of said bid in cash, I con sented, in behalf of the State, that the payment of said sum should be deferred until the first day of Jan uary, 1881—the company, in the meantime, paying interest thereon, annually, at the rate of seven per cent, per annum. Said sum of nine thousand dollars will be retained by the State from the proceeds of the hire of convicts for year the 1880, which proceeds have been annually loaned to said company by an act of the general assembly Feb ruary 24, 1877. NORTHEASTERN RAILROAD. ‘ In January of the present year I gave the State’s endorsement upon the first mortgage bonds of the North eastern Railroad to the amount of $260,000, this being $6 500 per mile for forty miles. By act of the gen eral assembly, approved October 27, 1870, the State’s guaranty was P‘edg ed to this road upon the completion of each continuous tweuty milts to the amount of $15,000 per miie. The act of the general assembly, ap proved February 25, 1874, (repealing the act granting the right to such guarantees as this, excepted all cases where the right had vested. The same general assembly that passed this repealing act by express resolu tion approved, March 3, 1874, de clared that the said repealing act did not apply to the Northeastern Rail road, its right having vested. A board of ski'led railroad commission ers, consisting of John H Powers, John A. Grant and Charles B. Wal lac*, was appointed by Governor Smith on application of the railroad company to inspect the road, and re ported January 9, 1877, that over forty miles of said road were com pleted, equipped and in running or der, and the cost of said road was $541,200, more than half of which amount was the investment of private capital. They also reported the road free from legal incumbrances that would Bmiougur the security of tue State. SO. 45 Upon my installation in office the company applied to me for my en dorsement of the bonds of the road in conformity with the law. While the oompany presented a strong c iso for endorsement, in view of the dis asters connected with similar enter prises where State aid was granted, and of my own opposition to the policy of State aid, I used great, de liberation in my action. I advised the company to bring the subject be fore the general assembly then in session, but the session was too near its close to permit its decisive action. In the repealing act of 1874, section 2d, has this provision, viz: “Should any of said companies claim that they have a veded right to such aid, and apply for the same to the Governor, any citizen of the State may inter pose by bill to restrain the company, aod the question of whether said vested right exists shall be for the court to determine.” I suggested to the company to have the rights of the company tested nuder this pro vision in the courts, and in conse quence a bill of injunction was filed by William S. Morris to restrain the company, the proceeding being insti gated by the company. The Attor ney General was instructed to sup port the injunction. The Supreme Court decided that it had no jurisdic tion in the case, and referred the matter to the Governor. The subject thus finally falling to my decision, I gave it thorough con sideration. The statements of the officers and leadiug members of the general assembly of |1874, that pass ed the State aid repealing act, and the declaratory re*olution that the Northeastern Railroad was excepted from the repeal, were obtained and referred to me. They declared that it was the express and general inten tion of the legislature not to apply the provisions of the repeal of State aid to the Northeastern Railroad. Among thosej who thus wrote were Hon. L. N. Trammell, president of the Senate; Hon. A. O Bacon,speak er of the House; Hon.T. J. Simmons, chairman of Finance Committea of the House; Hon. Geo. F. Fierce, Jr., chairman of the House Judiciary Committee; Hon. George H. Mercer, pro fern chairman of same committee, and the Hon. Henry D. McDaniel, of the Finance Committee. In addition to this, the opinions of some of the ablest iaw’yi rs were given the Gov ernor, notably among them Hon. Robert Toombs, Gen. A. R. Lawton, and ex-chi< f justice Joseph E. Brown, arguing t be endorsement of the bonds as a legal duty. Even then, in the exercise of cau tion, I determined to defer action on the matter until the meeting of the present general assembly if it could be done without a sorioua sacrifice to the interests involved. It was repre sented to me that, upon the pledge ofthe endorsement of its bonds by the State, the company had incurred an indebtedness of $237,632 97. It was further exhibited to me by a trans cript of the record of Clarke Superior- Court, that this amount of claims was already in amt against the road, and that judgment therefore would be entered up at the February term, 1878, of said court. 1 endeavored to impress upon the attorneys and officers of the company that they must not look to the State fur relief from their present embarrassment, but that they should, by negotiating a loan, or raising the money by some means, tide over their trouble until the legislature could meet and con sider the matter. It was not until I bad become'fully satisfied that all hope of relief from other sources was abandoned, and that the whole prop erty of the company would inevitably be sacrificed under the sheriff’s ham mer, that I decided, within two weeks of the judgment term of the court to interfere. I was satisfied that the faith of the State was pledged to the indorsement of the company’s bonds, and becom ing further satisfied that great and remediless injury would befall the company, if such indorsement were longer withheld, my seuse of official duty left me no alternative but to 'give it. As to the propriety of my conduct in this matter, I invite the most rigid scrutiny of the general aesem bly. The road is doing well, and there is every prospert that it will meet its obligations and save the State from any loss on account of the guaranty of its bonds, while it will contribute largely in developing a fine portion of the State. In connection with this subject of State aid, it may be proper to say that application was made to me to ascertain whether the State’s endorse ment would be given to the bonds of the Griffin, Monticello and Madison Railroad, and it was urged that its right had vested before tne repeal of State aid. This road was not spe cially excepted by the general assem bly, nor was there any evidence that it intended to except this road, nor | was it exposed to immediate hazard Continued on fourth Paqe y