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AII.AST A, GEORGIA,: s: OCTOBER 10.
GEORGIA LEGISLATURE
SENATE.
Toiniir, October 11, lo70.
The Senate met at the usual hour and was
called to order by President CONLEY.
Prayer by the Bor. Dr. Piettyman.
The roll was called and the journal of the
previous day wss read and epprovod.
Mr. MERRILL moved to reconsider the
resolution of the Senate passed yesterday to
adjourn sine die on the 18th inst.
Mr. CANDLER opposed.
The matter was reconsidered by 13 to 10.
Mr. HARRIS moved to reconeidor the action
of the Senate yesterday as to the bill to pro
tect holders of insurance policies. He present
ed a letter from Judge Pope positively denying
that be had received one cent for drawing the
bill.
This was in answer to Mr. BURNS, who
yesterday positively affirmed, and got very an
gry with Mr. Hams because he ehoae to donbt
the assertion, that an eminent lawyer had re
ceived *2,000 for drawing the bill.
Mr. BURNS re-affirmed that Jndge Pope
had received, or warn to receive, *2,000 to de
feat Senator Harris’ bill, and that he had
drawn this bill.
Personal explanations followed from Mr.
Borns, Mr. Candler and Mr. Harris.
Mr. HOLCOMBE spoke against reconsider
ation, as the objeet of the bill was simply to
create an office fora friend.
The Senate reconsidered the bill by 11 to 10.
Mr. HARRIS moved that the bill be now
pat on ite passage.
Mr. HOLCOMBE moved to strike ont the
words actuary and agent, and insert the
Comntroller-GencraL
Mr. HARRIS opposed Mr. Holcombe’s
motion. *
Mr. NUNNALLY opposed tlio bill, And
moved that fifty copies be printed, and the
bill made'^the special order for Thursday.
Carried.
The Semite then, on motion of Mr. HUNG
ERFORD, wont into executive session, when
the following message was read from bis Ex
cellency Governor Bollock, and immediately
acted upon:
Executive Department, i
Atlanta, Ga., October 11,1870. )
To the Senate: I have invited the consider
ation of your honorable body in executive
session, that I may be advised in regard to a
matter of very considerable importance in re
lation to the proper construction of one of
the sections of the bill entitled “ An act to
provide for an election and to alter and amend
the laws in relation to the holding of elec
tions,” which was approved on the 3d inst.
The question of construction arises upon
that portion of the 4th section which relates
to the appointment of commissioners by the
Ordinary. The language is os follows : “It
shall be the duty of the Governor of the State,
by raid with the advice and consent of the
Senate, as soon after the passage of this Act
as possible, to appoint three, and the Ordinary
of each county two, fit and proper persons of
intelligence and moral worth, etc., etc.
It was my opinion, upon reading the Act
that its provisions required that the persons
to be uppointed by the Ordinary should be
subject to the advice and consent of the Sen
ate, equally with those who were to be ap
pointed by tho Governor. In fact the idea
did not suggest itself that it was possible for
the law-makers to havo intended to confer ar
bitrary authority upon the Ordinary of a
county, which was, m the same Act, withheld
from the Executive of the State. The language
of tho section seems to bo clear, both directly
and by implication, that "by and with tho ad
vice and consent of the Senate” the Governor
is to appoint three and the Ordinary of each
county two, "fit and proper persons of intelli
gence and moral worth, for each election pre
cinct established at the county court-house,”
etc;, etc,, and it was with thisopinion that roy
approval was given to tho Act In fact very
grave doubts exist as to whether an election
under this law held either in whole or in part
by appointees who have not been confirmed
by the Senate would be valid.
I have been informed, and believe, that the
concurrence of the Senate to tho amendment
of tho House whereby two of the coinmisioncrs
were to be. appointed by the Ordinary, wonld
not have been given had it been understood
that these appointees by the Ordinary were to
l)o arbitrary, and independent of concurrence
of tho Senato. But some diacumion having
been indulged in, and opinions of doubt as to
the proper construction of the section referred
to having been expressed by gentlemen whose
judgment is worthy of consideration, I have,
with the desire that nothing may occur in con
nection with tho proposed election which can,
in any manner, reflect donbt upon its validity
and fairness, or tend to impair its efficiency,
deemed it best to invite the opinion of the
Senate as to the proper construction of the
section of the Act which it to be enforced by
tho concurrent action of your honorable body
and myself. Kurus B. Bullock.
Tho following resolution by Mr. HARRIS
was adopted:
Whereas, It is impartanUhat nothing should
occur or in any manner intorfero with tho val
idity, or with tho holding of au election as
provided m an act to provide for on election,
and to alter and amend tho laws in relation to
the holding of elections, approved October 3,
1870; and
Whereas, His Excellency, tho Governor,has
invited the opinion of the Senate iu regard to
the construction of a certain scctiou of said
act; now therefore, be it
Resolved by the Senate, That tho names
of tho persons appointed as Commis
sioners by tho Ordinaries of the several
counties should be submitted through his Ex
cellency, tho Governor, to and confirmed by
tho Senate.
Resolved, That his Excellency, the Govern
or bo respectfully requested to notify the Or
dinaries of tho several counties of his approv
al of the act aforesaid, and [request them to
send their nominations to the Senate through
the Executive Depaatmcnt, with os little delay
as possible. * *'
The Senate ihen adjouraed. ■ -
AFTERNOON SESSION.
Tho Senate met at 3 a. m., and was called to
order by President CONLEY.
House bills were read a first and second
time.
A House bill creating a Committee of Roads
and Revonues in Richmond county ns amended
by tho House was read a third time and
Several Committees mado reports.
The report of the Committee on the Repub
lic was read and adopted, it contained a reso
lution urging universal amnesty in Georgia.
A bill to incorporate the Commercial Bank
and Trust Company of Savannah, was read a
third time and passed as amended.
A bill to donate certain lands to the Bain-
bridge Hook and Ladder Company was read a
third time.
wanted these new counties he saw no just roa-
»b 7 the Senate should uot grant their re- ™ and «ill»£«•'to to core-t
quest, especially when the money necessary
would como out or their own pockets and not
from the funds of the State.
Mr. HOLCOMBE opposed tasking any new
counties. He argued for his amendment
Mr. BROCK supported the bilL
Mr. BRADLEY opposed the bill as being
Ur. HINTON believed Mr. Bradley's view
was correct it wonld take a two-thirds to to of
each House, and also that it should be sub
mitted to the legal voters of the county before
a county could be abolished or created.
After a lengthy discussion taken part in by
_essn. Speer, Campbell, Merrill, Smith 36th,
and Nnnnally the previous question was de-
Mr. HINTON’S motion to indefinitely post
pone was lost
Mr. HOLCOMER amendment was lost
The bill wss carried by 25 to 5.
Those Toting in the affirmative an Messrs.
Bowers, Bradley, Brock, Campbell, Column,
Crayton, Dickey, Dunning, Harris,
Hungerford, Jones, Jordan, Mathew,
McArthur, McWhorter, Nesbitt, Biehaxdaon,
Sherman, Smith 36th, Speer, Traywiek, Wal
lace, Welch—25.
Those voting in the negative an Mesas.
Barns, Candler, Griffin 6th, Hinton, Hol
combe—5.
Tho next bill was to create a new cc
out of Columbia and Warren counties,
for other purposes, the new county to be
called McDuffie.
Mr. SPEER moved that the name be altered
to Boone, but withdrew it.
Mr. CANDLER moved to strike out certain
portions of the bill relating to election pre
cincts and the division of representation,
which wen, he argued, unconstitutional.
Ur. SHERMAN argued in tavor of the bill
and moved to change the proposed name to
Adkins. Lost
The time was extended and the afternoon
session dispensed with.
The motion of Ur. Candler was agreed to.
The bill was passed by 25 to 8.
Those voting in the affirmative on Messrs.
Bowel 8, Bradley, Brock, Campbell, Corbitt,
Crayton, Diekey, Donning, Harris, Hender
son, Heiuy, Hicks, Hungerford, Jones, Jor
dan, Mathew, Merrill, McArthur, McWhorter,
Nesbitt, Richardson, Sherman, Smith 36th,
Traywiek, Wallace, Welch—Yeas 26.
Those voting in the negative are Messrs.
Borns, Candler, Column, Fain, Hinton, Hol
combe. Nnnnally, Speer—Nays 8.
A bill was then considered to create a new
county ont of Newton and Hcmy and for
other purposes.
After a short discussion tho bill was passed
by 23 to 7.
Those voting in the affirmative are Messrs
Bowers, Bradley, Brock, Colmon, Corbitt,
Crayton, Dickey, Dunning, Griffin 6th, Har
ris, Henry Hungerford, Jones, Jordan, Math
ew, Merrill, McArthur, McWhorter, Bichard-
son, Smith 3Gth, Speer, Wallace, Welch—23.
Those voting in the negative are Messrs.
Bruton, Burns, Candler, Fain, Hinton, Hol
combe, Normally—7.
The next bill to lay out a new county out
of Baldwin, Fayette, Meriwether and Coweta
was read a third time. To bo called Inde
pendence.
Mr. NUNNALLY moved to strike out all
relating to Spalding conDty. Agreed to.
The bill then passed by 19 to 4.
Those voting in the affirmative are:
Messrs. Bowers, Campbell, Colman, Corbitt,
Crayton, Fain, Griffin Gth, Harris, Henry,
Hungerford, Mathews, McWhorter, Naturally,
Sherman, Smith 3Gtb, Speer, Traywiek, Welch,
Mr. President—19.
Those voting in tho negative are:-
Messrs. Candler, Hinffin, Holcombe, Jor
dan—1.
A bill to create a new county out of the
counties of Monroe and Pike, was read a-third
time. The county to be named Crittenden.
Mr. CANDLER moved to Substitute-Relief
far Crittenden.
Mr. HUNGERFORD moved to make the
name Speer.
Mr. Candler's motion was carried.
The bill then passed by 16 to 7.
the tacts to the case as they are presented to
Mr. BRUTON argued for the bill.
Mr. CAMPBELL moved to amend the bill
by donating the lands to the Educational fund.
Pending discussion tho Senate adjourned.
Wednesday, October 12,1870.
The Senate met at tho usual hour, and was
called to order by President CONLEY.
After prayer by the Rev. Dr. Prattyman
the roll was called and the journal of the pre
vious day read and'approved.
The unfinished business of yesterday came
up, being the bill to donate certain wild lauds
to the Hook and Ladder Company of Bain-
bridge.
On motion of Mr. BRUTON the —
referred to a special cummittec.
Mr. SPEER moved a resolution asking the
Honse to act on Senate bills. Adopted.
The special order, which was new counties
and the alteration of county lines, then came
up for action.
A bill to add a portion of Lawrence to Tel
fair was indefinitely postponeed.
A bill to make a new county out of Law
rence, TeUair, Pulaski and Montgomery was
reported beck by the committee without re
commendation.
Mr. TRAYWICK proposed to amend by
striking out the county of Lawrence, and that
the county be added to tho Second Congres
sional District, to the Southern Judicial Cir
cuit and (o the 11th Senatorial District He
argued for tho passage of the bill
Laid on tho table for the present.
A bill to create a new county out of tho
counties of Campbell and Carroll, and for
other purposes was read a third time, said
county to be called Douglas.
Mr. BURNS moved to strike ont of tho bill
all relating to Fayette county. He said there
were nineteen counties that did not pay suffi
cient taxes to pey the per diem of the mem
bers of the lower Housa Ho was opposed to
all new oonnties.
Mr. HOLCOMBE moved to refer the matter
to the people of the county of Fayette.
Mr, HUNGERFORD stud that if tho people
On or about the time of the completion of
the Western and Atlantic Railroad one Sam
uel Mitchell, then owning large tracts of land
in and about the present location of this city,
gave to the Western end Atlantic Railroad
any unoccupied five acres of land which they
might select to be used as a terminus for said
road. Such possession was taken by the State
Road, but it was not found necessary to make
actual use of the whole tract of land. By
authority of the Legislature granted to 1859
a certain portion of the tract was
and Atlantis Railroad for the recovery of so
much of the seid tract of land as is not ac
tually needed for the purposes of tbs road.
This suit is met by the State through attor
neys retained to behalf of the Western and
Atlantic Railroad. The heirs of Mitchell now
propose to withdraw any farther contest be
fore the courts and offer us a full and filial
settlement to give the State two hundred and
forty feet to width through and across the lot
between Pryor and Loyd streets coi
one handled and twenty (120) feet from
running nearly parallel with Alabama street
from Loyd to Pryor street, thence np Pryor
two hundred and forty (240) feet, thence back
to a parallel tine to Loyd, to a point two
hundred and forty (240) feet from the com
mencement, as will appear more specially and
accurately by a map herewith trans
mitted, and in addition the heirs of the said
Mitchell agree to pay the prorata of the
Stats to the cost of building the new depot
to an amount not exceeding thirty-five thou
sand dollars (*35,000) to cash. That is to
say, the Western and Atlantic Railroad is to
have and hold in undisturbed possession, all
the land which is actually necessary for rail
road purposes, and to receive to addition,
thirty-five thousand dollars ($35,000) to cash,
and in thereupon to surrender all further claim
to the surplus land.
The advantages -and disadvantages of ac
cepting or rejecting this proposition may be
briefly stated as follows: If the proposition
is rejected, expense and extended suits in the
courts most be met and defended by the State
through the Western and Atlantic Railroad,
with the possibility of a decision being ulti
mately rendered to tavor of the heirs of Mitch
ell, and daring this time, the lot of land to
question, wonld necessarily remain unoccu
pied and nseleas; and should the suit be deci
ded to favor of the road, the land must re
main to the same condition, as there is no
reasonable probability of its ever being essen
tially necessary for railroad purposes. If the
proposition should be accepted, the Western
and Atlantic Railroad will enjoy I
turbed possession of all the land necessary
for railroad purposes, and will receive a very
valuable contribution to the cost of the depot,
now being constructed, and the State and city
will be benefitted by tho taxable value of the
property and improvements which will he
constructed upon that portion of the land re
covered by the heirs of MitchelL The whole
matter is respectfully submitted for the con
sideration and action ol your honorable body.
BurusB. Bullock.
Mr. HARRIS moved that the message be
referred to a special joint committee of three
from Hie Senate and five from the House.
Adopted.
A mil to i
Corbitt, Crayton, Griffin Cth, Harris, Henry,
Hungerford, Mathews, McWhorter,Smith 36th,
SjK:cr, Traywiek, Welch, Mr. President—16.
Nays—Messrs. Candler, Fain, Hinton,
Holcombe, Jordan, Nnnnally, Sherman—7.
An invitation to the Senato to attend the
Rome Fair, was read.
The Senate then adjourned.
TncnsnAY, October 14, 1870.
The Senate met at the usual hour, and was
celled to onitr by President CONLEY.
After prayer by tha B»». D». Prattyman, tbo
roll was called and the journal of the previous
day read and approved.
A House resolution to appoint a Joint Com
mittee to report tho earliest practicable day
for adjournment, was adopted.
A resolution introduced by Mr. SMITH to
cause Committees to report all bills within the
next three days was adopted.
Mr. CANDLER, in a few appropriate re
marks, offered the following joint resolution,
which was carried by a unanimous rising vote:
Robert E Lee is dead. Tho brightest of
Virtue’s stars has fallen, the noblest of patri
otisms' exemplars is gone; tho peerless hero
and the guileless Christian sloeps with Wash
ington. The Union has lost her most gifted
pupil and soldier—the Booth her most loved
son nnd peerless chief. Mourning darkens
the whole land, and the heart of the South is
to tears; and so great a loss, and so over
whelming a sorrow, stays the band of labor,
and suspends the contests of the day: There
fore
Resolved, That too General Assembly will
attend the citizens' meeting of the city of At
lanta, to be held on Saturday morning next,
to give expression to the feeling of sorrow
which fills the public heart.
Resolved, That a committee of two from the
Senato and throe from the nonae be appoint
ed, to confer with toe Committee of Arrange
ments of said citizens' meeting, 08 to the par
ticipation of this General Assembly in toe
same.
Resolved, That when the Senate and Honse
adjourn to-morrow, each Honse adjourn to
Monday morning.
Mr. SPEER moved to pay Geo. W. Merrill
for 17 days for acting ns calendar cleric, for
which be naa not been paid. Carried.
Mr. NUNNALLY moved to pay N. H. Mc
Whorter $100 for services rendered to the In
ternal Improvement Committee. Adopted.
Mr. BRUTON moved to pay the same gen
tleman $50 for services rendered to the Com
mittee on Banks and Banking. Adapfed.
On motion of Mr. DUNNING the report of.
tho Committee on toe case of Senator Adkins
to pay him per diem and mileage as though he
had served daring the session was taken up
and adopted.
On motion of Mr. SPEER a similar resolu
tion from toe Honse with regard to Repre
sentative Flournoy was token up and earned
' y 21 to 11.
Tho special order being the bill to create a
Life Insurance Commissioner was then token
np having been read a third time.
P Mr. HOLCOMBE moved to insert the. Comp
troller General instead of Commissioner.
Mr. NUNNALLY thought the proposed
salary excessive both for Commissioner and
clerk.
Mr. HINTON moved that the Oommudooer
be elected by the Insurance Companies.
Mr. HARRIS opposed both amendments.
After debate Mr. CANDLER movi '
the bill on the table, which was
24 to 12.
The following message,, received from the
Governor relating to toe Mitchell claim, was
on motion of Mr. HARRIS, taken np and
read.
Executive Department,
October 12, 1870.
7b the OruwvJ J-srmUy: A proposition for
-ou.|,.nini»e made by the attorneys of the
heirs of Samuel Mitchell in relation to the
claim of toe said heirs against the Stato for a
certain piece of property adjoining the State
Railroad Passenger Depot, is herewith
alter the time of holding toe Supe
rior Court to Paulding county was read a third
time and passed.
A resolution was adopted authorizing the
Governor to purchase a sufficient number of
Conley’s Analysis of toe Laws of Georgia to
supply the State officials. '
A bill to authorize the publishing of reports
of tha Supreme Court was read a third time
and passed.
A bill to create two judicial circuits out ol
toe Southwestern Circnit was read a third
time.
To incorporate the Americas and Hawkins-
ville Railroad Company. Bassett
To odd certain counties to the Southwestern
Judicial Circuit Passed.
To incorporate the town of Geneva.
Phased.
To incorporate the town of Cleveland.
fully transmit!
This t
i respect:
same proposition for compromise
submitted to toe attorneys who have been re
tained by the State to represent her interests
in the Courts to tho ease of the said heirs of
Mitchell versus tho Western and Atlantic
Railroad, and after due deliberation and con
sideration by the said attorneys retained by
the State, they find themselves unable to agree
upon any definite recommendation. One of
the attorneys favors toe acceptance of toe pro
posed compromise; another in view of the un
certainty of litigation favors the making of
such a compromise as the respective vantage
grounds of the parties to this ease will war
rant; and another is opposed to any compro
mise. In view of this difference of opinion
which exists among the attorneys, and also
in consideration of a compromise and settle
ment which I am informed has lately been
agreed upon by the authorities of toe city of
Atlanta, in a case quite similar to that of toe
heirs of Mitchell versus the Western and At
lantic Railroad, I am induced to present the
case for such action as your honorable body
may- deem best, and I shall refrain from any
argument upon the subject, leaving toe matter
to yonr action with the simple statement of
To amend on act relating to Trustees of
Christ Church, Augusta. Passed.
To change the time of holding the Superior
Court in certain counties in the Eastern Cir
cuit Passed.
To incorporate the town of Van Wert.
Bossed.
To incorporate toe Dalton Trepoli Com
pany. I'aaacO.
To alter and amend the road taws as re
gards Gordon, Whitfield and Hurr^-counties.
The Senate then adjourned.
AVTEBXOON SESSION.
The Senate met at 3 o'clock and was called
to order by Bresident Conley.
Some Honse bills were read a first and sec-
ond time.
The following bills were read a third time
and passed.
To ebange the lines between tho counties of
Lowndes and Berrien.
To repeal an Act to encourage emigration.
To authorize tbo Ordinary of Clay county
to issue bonds to build a county jail.
To define toe fees of surveyors, clerks, Ac.,
in applications for homesteads.
To authorize Ordinaries and Bead Commis
sioners to classify public roads.
To authorize the Comptroller General to
procure an official seal and establish the some.
To change the lines between toe counties of
Jackson and Banks.
■ To change toe lines between the counties of
Henry and Butts.
To incorporate toe Elgin Slate Works.
To donate certain wild lands to toe Bain-
bridge hook and ladder company and for other
porposes.
To preserve the peace and harmony of toe
commonwealth by prohibiting the carrying of
To change the lines between toe counties of
Webster and Tytrel and Cliot and Coffee,
To change the lines between Cherokee and
Pickens, passed.
The Judiciary Committee reported ad
versely.
Mr. WELCH moved to disagree with toe
rejDort.^
HARRTS supported disagreement
Mr. NUNNALLY supported the report of
the committee.
A letter was read, written by request of
Judge Clark, stating that there was no necessi
ty for thepreposed change.
Hr. SPEER hoped the bill would pass. Ho
called toe previous question.
The report of the committee was disagreed
to and toe bill was passed by 24 to 8.
A bill to regulate common carriers was read
a third time. The Judicial Committee recom
mended that toe bill do not pass.
Mr. SBEER moved to disagree with the re-
^Mr. MERRILL stated that the opinion of
the committee was that all that toe bill called
for was now the common law of toe Etatc.
Mr. CAMPBELL argued for too bill and re
lated bis experience on railroads nnd steam
boats.
The report was disagreed to and toe bill
A bill to authorize the county of Houston
to subscribe *150,000 to the Fort Valley and
Hawkinsvilie Railroad Company was read a
third lime and passed.'
A bill to authorize the Judges of Superior
Courts to grant new trials in certain cases was
taken up.
Mr. HINTON offered an amendment which
was adopted and the bill passed.
A bill to incorporate the Georgia State
Banking Company was read a third time and
passed as amended.
A bill to incorporate toe Macon Banking
■as read a toil
bill provoked much discussion between
esars. Bradley, Speer, Candler and Harris.
Mr. CANDLER thought it contrary to the
Constitution of the United States.
The bill pained by a vote of 22 to 8.
Relating to public bridges, Ac., from the
Isle of Hope to Skidaway Island. Passed.
The following message from the Governor
the bill changing the name of the
on and Savannah Railroad Company
the Savannah and Charleston Railroad
tmpony was road:
Exbcctive Dkpaktmbnt, 1
Atlanta, Ga., Oct. 13,187ft J
7b toe Senate: An act “to extend the
r of the Charleston and Savannah Rail-
Company to the Savannah and Charles-
oi Railroad Company,” is hereby respectfully
returned.
! Hie preamble to the bill sets forth that too
Savannah and Charleston Railroad Company,
a; body corporate in South Carolina, has suc
ceeded to toe possession oi the Charleston and
.vannah Railroad, and has already recon
tacted and opened said road to Savannah,
slid that therefore it is to be enacted that such
persons as have, in South Carolina, been made
and constituted by public law, a body corpo
ra and politic, under the name and style of
10 “Savannah and Charleston Railroad Com-
ny,” and have reconstructed and re-opened
id road to the city of Savannah, and - their
essora,are hereby created a body corporate
politic in this State by toe name of the
—.rannab and Charleston Railroad Com
pany," which body corporate shall have toe
same rights, powers, privileges and franchise,
aibject to the same provisions and limitations
m were and. are granted, provided and limited
duto the Charleston and Savannah Railroad
Company, etc.
; To toil there is no objection wnatever. ®ut
by section * of toe same act it is farther en
acted, -'tost toe corporation hereby created,
its successors ar assigns, or such of its mem
bers as shall associate under a separate name,
are hereby authorized to construct a Railroad
Horn the Central Railroad to and across the
B b River at or above Sister's Ferry, to
i and between such points as may bo
etc. To this provision the consid-
>f yonr honorable body is respectfully
' ■ ■ •- ■ ■
i I am unable to give my assent to this in-
genions manner of incorporating persons not
named, as a body corporpte, vested with au-
ority to construct a railroad from any point
" * * “ tho Sa-
Company was read a third time and passed.
A bill to require Judges of Superior Courts
to cause commissioners to take oath to draw
juries without reference to race or color was
read a third time and passed.
A bill to change too time for holding the
Superior Court of Morgan county was read a
third time and passed.
A bill to require railroads to provide equal
accommodations to all without regard to race
or color was read a third time and passed.
A bill to incorporate the Skidaway, Bine
Island and Seaboard Railroad Company was
read a third time and passed.
A bill to incorporate too Bank of Americas
was read a third time and passed.
A bill to declare Melinda Hart, heir at law
of Amanda Hart, was read a third time and
passed.
A bill to authorize E. L. Doyle to contract
marriage was a third time and laid on the ta
ble.
A bill to alter toe manner of appointing the
Commissioners of the Academy of McIntosh
county, was read a third time. The commit
tee reported adversely.
Mr. CAMPBELL moved to disagree with
toe report.
Mr. BURNS opposed and supported too re
port of toe Committee. He said the Common
School bill covered it.
The bill was indefinitely postponed.
A bill to incorporate the Darien Telegraph
Company, was read a third time. The com
mittee reported adversely.
Mr. HINTON moved to disagree.
The report was disagreed to and the bill
passed. «
The Senate then adjourned.
HOUSE OF REPRESENTATIVES.
Tuesday, October 11, 1870.
The Honse was called to order at the ap
pointed hour by Mr. TWEEDY, Speaker pro
tan.
Prayer by Rev. Dr. Brantley.
Journal of yesterday was read.
Mr. PORTER of Chatham moved to recon
sider so much of yesterday's
relates to the passage oi the ’District Court
bilL This motion prevailed.
Mr. O’NEAL of Lowndes moved to make
the said bill the special order for 10 a. m. to
morrow.
Mr. RAWLES mode tho poiut of order that
reconsidered bills go to the foot of tbo cal
endar, and that this one conld only be taken
up by a two-thirds vote.
This point was ruled as well taken.
The motion to take up the bill and make it
a special order was pnt before the House and
lost.
The motion to reconsider the of a bill
to declare Uiu pull tax lootf and 1809 illegal
and to prevent the collection of the same,
which had been set down far this morning,
was taken up.
Mr. TWEEDY remarked that this poll tax
was only legally collected when for the sup
port of a system of common schools, aud as
no schools have heretofore been established,
it was unjust aud illegal to impose its collec
tion. He called the previous question on tho
motion to reconsider.
This call was sustained.
On the main question the yeas and nays
were demanded with the following result—yeas
5C, nays 54.
On motion of Mr. LEE, Col. C. Steadman
was invited to a seat on this floor.
On motion of Mr. STONE the samo privi
lege was extended to Hon. Z. F. Wilson.
Also, on motion of Mr. DAVIS, to Rev. C.
O. Fisher.
The special order of the day, to-wit, the
Relief Bill, was taken np.
Mr. O’NEAL of Lowndes moved to substi
tute the Senate for the House bill.
Mr. WILLIAMS of Morgan offered an
amendment allowing plaintiffs to set off their
losses and to make affidavit that they did not
the taxon account of their inability to
collect said debt
Mr. BETHUNE remarked that the import
ant question of relief has agitated the State at
large and had received the study and attention
of the wisest men in the country, as well as
the ablest committees of this Legislature. He
called the previous question on Mr. O’Neal's
motion to substitute the Senate for the House
bilL
Mr. ANDERSON moved to indefinitely post-
Tbo yeas and nays were called with the fol
lowing result—yeas 47, nays 72.
Mr. BRYANT offered an amendment repeal
ing all laws for suing put convicts.
This amendment was adopted.
Mr. DARNELL called the previous ques
tion on the passago of tho bill os amended,
which call was sustained.
The bill was passed and ordered transmitted
to the Senate.
On motion of Mr. O’NEAL the rules were
suspended and a Senate resolution giving the
use of Room No. 2, in this building, to the
American Bible Society was taken up and
agreed to.
On motion of Mr. PAULK, Hon. J. R. Saus-
sey was invited to a seat on this floor.
The bill to repeal an act to require the Or
dinaries of the counties of Stewart and Web
ster to levy a tax to pay insolvent criminal
cost was passed.
The bill to change the line between the
counties of Jackson and Walton was passed.
The bill for the relief of F. M. Scroggin and
others from double tax was passed.
The bill for the relief of Powell and Dorothy
Biassingamc was read a third time and referred
to the Judiciary Committee.
The bill to incorporate Boston, in Thomas
county, was passed.
The bill to incorporate tho town of Preston
was passed.
The bill to incorporate tho Farmers’ Bank
of Western Georgia was passed.
The bill to provide the mode of com;
putative fathers to maintain their
children was passed.
The bill to appropriate the Capitol building
at Milledgeville for educational purposes, was
on motion of
Mr. PRICE, mado tho special order for
3p.il
The hour of adjournment having arrived,
the SPEAKER declared the House adjourned
nntil 3 r. m.
AFTERNOON SESSION.
House met at 3 p. m., Speaker McWHOR-
TER presiding.
Mr. HALL of Glynn moved to postpone the
special order, to wit: "The bill to appropriate
the capitol buildings at Milledgeville to edu
cational purposes,” until four o’clock.
Sir. HARRISON of Hancock moved to amend
by substituting eleven o’clock a. il, to-mor-
w.
The amendment was agreed to, and the bill
was set down accordingly.
Mr. SCOTT offered a resolution asking the
Governor to adjourn this General Assembly by
tho 18th inst
Mr. PHILLIPS offered a substitute provid
ing for the appointment of a committee to
wait on tho Governor and request him to ad
journ this General gAsscmby, said committee
to report to-morrow.
Mr. O’NEAL of Lowndes offered a substtute
for the whole, asking tho Governor, in view of
the disagreement which has taken place be
tween this House and the Senate, to adjourn
this House on the 18th instant, leaving the
Senate to confirm his appointments. Mr.
O’Neal said that he understood that it would
be impossible for the Governor to make all
his recommendations for managers oi election,
etc., by that time and that ho offered this reso
lution so as to allow time for the appointment
of these managers iu order that there may be
no impediment to the holding of the elections.
On motion of Mr. BELCHER the whole
subject was laid ou the table as unnecessary
consumption of time.
Mr. SCOTT moved to suspend the rules to
ke up a resolution offered by himself ex
iug the true intent of the Bryant ament
to the election bill, so as to declare the
ity of the appointment of managers of elec
tion appointed by the several Ordinaries of
this State.
Tho motion did not prevail.
On motion of Mr. ARMSTRONG the rales
were suspended aud a number of Senate bills
were read the first and second time.
Among which bills on a second reading was
the bill to incorporate tho East Point Jug
Manufacturing Company.
The bill for the relief of J. F. Blackwell
and others, securities on the bond of tbo Tax
Collector of Jaspes county, was passed.
Tho bill to incorporate tbo Glynn County
Marine, ’Railway aud Dry Dock Company was
passed.
The bill to chauge tho time of holding
Wayne Superior Court was passed.
Tho act to exempt certain persons iu Early
county from jury duty was passed.
“ ' isdiction of inisde-
the Central Railroad to and across
janmh river at any point between Sisters
Ferry and the head of the river; said road to
He run to, and from, and between such points
m may be selected by said parties.
Rnvus B. Bullock.
i It was resolved to take np the message.
Mr. BRADLEY spoke in opposition to the
Mr. CANDLER argued for the passage of
The veto was sustained by 24 to 7. The
testion being shall the bill pmt
Yeas—Messrs. Bradley, Brock, Candler,
Icks,* Holcombe, McArthur, Smith 36th.—7.
Nays—Messrs. Bruton, Colman, Corbitt,
on, Dickey, Donning, Fain, Griffin 6th,
a 21st, Harris, Henry, Hinton, Hnnger-
Jones, Merrill, Nesbitt, Richardson,
oan, Smith 7th, F
Wallace, Welch-!
lost
Mr. LINDER moved to amend by making
the bill apply only to those who own less than
two thousand dollars of real, and one thous
and dollars of personal property.
This amendment was riot agreed to.
On the adoption of Senate bill as a substitue
the yeas were 67, nays 48. So tho Senate re
lief bill was passed.
The bill to repeal an act to provide for the
fanning out of Penitentiary convicts was
read.
Mr. HARRISON of Hancock moved to dis
agree to the report of the committee, which
was adverse to the passage of the bilL
Mr. BRYANT argued that the act farming
out the Penitentiary convicts was void on ac
count of the delay in signing by the Execu
tive, etc. He advocated the passage of this
bill as a matter of expediency.
Mr. WILLIAMS of Morgan moved to in.
definitely postpone the bilL
Mr. FITZPATRICK favored the motion to
sagree to the report of the committee.
Mr. BELCHER censored the contract with
Grant, Alexander A Co. a9 barbarous, and
urged the necessity of repealing the law funn
ing out the Penitentiary convicts.
Mr. O’NEAL, of Lowndes, said: Mr.
Speaker: This system of farming out the Peni
tentiary convicts was an experiment; and I
think the evidence before the committee is
sufficient to satisfy the mind of any reasona
ble mttrt that the experiment is a failure.
I favor , a Penitentiary in which criminals
may be punished by imprisonment and labor;
but I am utterly opposed to making the con
victs a matter of bargain and sale. To place
prisoners at the mercy of speculators of mam
mon worshippers is inhuman and uncivilized.
The evidence shows that the contract has
been violated, and the rights of Alexander,
Grant A Co. are forfeited.
I am of opinion that the act under which
the contract was made never became law,
hence the contract is void ah initio, and as a
supporter of his Excellency the Governor, I
express the hope that he will retake the pris
oners and return them to tho Penitentiary.
The Supreme Court decision in the Cartere-
ville case determines the status of the law
OINER of Dougherty said that he has
been informed that certain Justices of the
Peace and Notaries Public have mode con
tracts with Grant, Alexander A Co. to send
people to them. He advocated the repeal of
the law farming ont the convicts.
Mr. RAWLES said that he does not desire to
be the champion of the system of farming out
convicts, but that he was on the committee
appointed to investigate the condition of tho
Penitentiary convicts, and though there had
been irregularities, he believes the lessees had
treated the convicts as well as conld be ex
pected, and that if the contract of 1869 is
nullified the contract of 1865 or 1866 would
stand good, and inaugurate a worse system.
Mr. SIMMS of Chatham said that he did
not indorse the report of the committee on
the Penitentiary.
The motion of Mr. WILLIAMS of Morgan
Stringer, Tray-1 to indefinitely postpone the bill was put before
the House.
look to the interest of mv own section of
Georgia, I should say sell it My people
do no freeriding on it, sell it no timber, lumber,
nor any other material; nor do any of the peo-
none of our productions go over it If these
be facts, why tax ns any longer to run this
piece of State property for the special benefit
of certain sections. An appropriation is now
asked to repair the Road, and the howl of
"afeo/iap” is raised by the Democratic press
to prevent any appropriation. Tho State
Road has been run by Democratic administra
tions for 'twenty years, and appropriations
have been made from time to time by Demo
cratic Legislatures and Democratic papers
sanctioned it Hon. B. H. Hill was the first
I peat mind that opened the eyes of the people
i o tiie corruptions on tho State Road, and alter
that for the first time the Road was run and
monthly installments paid in by Governor
Brown; but it will be remembered that he re
ceived the Road from Gov. Johnson iu tho best
condition it ever was sinco its completion,
which accounts for Gov. Brown’s ability to
run tho Road without an appropriation. But
I learn that our worthy Chief Justice never
had the manhood to share the credit tflth
tho distinguished Johnson. Now if Dem
ocratic administrations have failed to
make the Rood self-sustaining—if they have
ilundered the Road for twenty years,
low can they have the hardihood to cry out
"thief* against Superintendent Blodgett?
Gentlemen, on tho other side of this hall
should remove the beam from their own eye
before they essay to remove tho mote from
Blodgett’s eye. It is undeniable that the State
Road lias all along been an expense to the
people, and if we ‘judge the future by the
; last,” we must conclude that it will continue
0 be an expense. From the day tbo State
Road was completed to the present moment it
has been used in the interest of the dominant
lolitical party and has been dragged through
1 he quagmires of politics until it is a stench in
the nostrils of the people of Southern Geor
gia, and it will ever be so, and so long as it be-
ongs to the State just that long will it be an
expense and a source of corruption. Individ-
als and corporations can take it and mako it
profitable, but no State Government can do it,
n my judgment, for what belongs to the State
belongs to everybody and everybody seems to
think they have a right to finger the pie. Tho
State Road is to-day and has since its com
pletion been the horrid political pandoras box
out of which has sprung more corruption than
any other one thing which has been brought
to my knowledge, and my section asks an end
of such immorality. Rather than sec a con
tinuation of such demoralization aud corrup
tion I would, if I could, take a yard broom
and at one stroke brush it out of
existence. If each and every man who
has committed larceny ou the funds of the
State Road could be brought to trial and legal
conviction had here to-day, Grant, Alexander
A Co. would have hands enough to complete
the grading of tho great Air-Line Railroad by
the end of the incoming year! We can sell it
for more than it cost originally, and will nigh
pay the entire debt of the State, and thus re
lieve the people of the greater part of tho tax
now imposed, and nt tho same time put it be
yond the control of politicians, aud restrict
the purchasers to Buch charges os are mado on
the other roads for freights*and passengers.
But if this General Assembly will not sell it,
then I say it is essential tbat we make the ap-
) require the Comptroller General
* *i W. W. Hindman,
The bill to confer jnri
meanors on the Superior Courts was passed.
Tho bill to incorporate the town ot Blakeley
was passed.
The bill to amend tbo several acts to incor
porate the city of Atlanta was passed. (This
bill allows the municipal authorities to create
new wards, and empowers the marshal to pnt
parties in possession of property sold for taxes.)
The bill to alter aud amend an act to set
apart a homestead in as far as relates to sec
tion 2013 Code of Georgia was passed.
Tho bill to incorporate the town of Hcpse-
bar was passed
The bill lor tbo relief of ,M. G. Collins and
Others, securities on the bond of the tax col
lector of Whitfield county, was passed.
The bill to change the line between the
couutics of Taylor and Talbot was passed.
The bill to incorporate tho village of Har
lem was passed.
The bill to
aud Treasurer to settle with
tax collector of Campbell county, was lost.
The bill to provide for the election of mem
bers to the 41st and 42d Congress was lost
Tho bill to repeal the act authorizing the
Ordiuaries to bind out orphan children, was
on motion of Mr. SIMMS laid on tho table
until to morrow.
The bill to defino tbo law in relation to com
mon caariers was lost
Tho bill to change section 367 was lost
The bill to enforce tbo 15th section, article
5 of the Constitution was lost
Tho bill to legalize tho November adjourned
term of Lumpkin Superior Court was passed.
The bill to extend tbo charter of the Charles
ton nnd Savannah Railroad Company was
passed.
The bill to allow the Macon and Brunswick
Railroad Company to extend their road to the
Florida line was passed.
On motion of Mr. PERKINS of Cherokee
the House adjourned until 9 a m. to-morrow.
Wednesday, October 12, 1870.
Speaker McWHORTER called the House to
order at the appointed hour.
Prayer by Rev. Dr.‘ Brantley.
Journal of yesterdry was read.
Mr. O’NEAL, of Lowndes, offered a resolu
tion providing for the appointment ot a Joint
Committee to report the earliest practical day
for tho adjournment of this General Assembly.
This resolution was agreed to.
On motion of Mr. LEE the bill :o incorpor
ate the McDonough and Western Railroad
Company was taken up and the Senate amend
ments thereto were concurred in.
Tho special order of tho day, to wit,
tbo bills in relation to the Western and
Atlantia Railroad, was taken np.
Mr. BETHUNE, from tho Special Commit
tee to lease uiu estate jvm.i, uuwtuea a mi
nority report which was adverse to tho lease
of said road.
Tho bill to provide means for the full equip
ment and repair of the State Road was read.
Mr. BRYANT moved to indefinitely post
pone the bill, remarking tbat he had been in
formed by a reliable gentleman of this city
that a former employee of the Post-office De
partment, who was a defaulter of the amount
of seventeen thousand dollars to said Depart
ment, since employed on the State Road, has
paid back ten thousand dollars, and is bond
ing a costly bouse here; that he does not know
that the Superintendent was aware of these
t/ansactious. He contrasted the other roads
omtering here with the State Road, Ac.
Mr. TWEEDY asked why these charges
Were not made and substantiated before the
committee ? tho question of not paying money
iu the Treasury is one that can be easily ex-
S 1 lined. During the last three months of
oL Hulbert’s administration no money
S akl in except about twenty-five thousand
oliars which was borrowed.
Air. Tweedy’s speech was eloquent and
forcible. He detailed the amount of extraor
dinary expense which the Road was obliged
to meet, and recited from evidence before the
committee the bad condition of the Road
wbon the present Superintendent took charge
of it
Mr. WILLIAMS of Morgau remarked that
the machinery in the shops lias been repaired,
and that although new cars and engines have
been bought, he learns that they have.not
been paid for.
Mr. O’NEAL of Lowndes said: 1st, Since
'the Shite Road was finished it has cost the
people half million in gold more than it has
poid into the treasury, and- the people of
southern Georgia havo paid the greater part of
that amouut but have not been benefitted in
proportion. Tho Road is sucked dry by the
citizens of North Georgia. Hundreds of them
ride on it free of cost They sell it wood and
timber und lumber at exhorbitant prices. The
surveyors aud mechanics find employment on it
at the highest rates. The people of North
Western Georgia and in and around Atlanta
are the recipients of four-fifUis of the benefits
of tho State Road while the people of my section
receive almost no benefit from it—henoe if I
Chattanooga
blockade be allowed to occur tho Shite will
lose more in the payment of damages to the
owners of goods and stock thus blockaded than
the amount asked to repair the road. The
leading objects of the great aud good men who
built the State ltoad has been accomplished by
the development of Northwestern Georgia and
the connection with roads from tho great West
and North emptying the productions thereof
in the lap of Georgia, and furnishing trans
portation for Georgia products to the West aud
North, aud now when wo see the road prosti
tuted for so many years to unholy purposes,
let us rid the people of it and put an end to
tho corruption, or if members will not part
with the road, then the honor and interest of
the Empire State of the South demands that
the road shall be put in safo running order. If
the State icill keep the road justice, humanity
it shall
and honor and economy demand that i
be repaired. The ten minutes allowed mo is
too snort to
sion.
Mr. SIMMS of Chatham favored keeping up
the road, remarking that in his opinion this
would be the most beneficial course for the
colored race.
Mr. BELCHER said tbat half of bis inter
est in this road Las been divested by the regu
lations which require colored persons to ride
in Jim Crow cars, and that colored men havo
not been placed in lucrative positions, hence
he would take no part in this question.
Mr. LEE remarked that he had tried
neetly to discover fraud in tho management of
this road, and could find none that could be
substantiated; tbat the road has been of im
mense benefit to the State by bringing in from
the great Northwest the provisions which
Georgia has required. ’Tie .was opposed to the
sale and lease of the road, and advocated put
ting it in good order for the great work before
it.
Mr. HOOK3 called the previous question
on the motion to indefinitely postpone the
bill, which toll was sustained. On the main
question the yeas and nays were demanded
with the following result: Yeas 85, nays 45.
Sorthe bill was indefinitely postponed.
lease of the
The bill to authorize the lease of the West
ern and Atlantic Railroad, was read.
Mr. BRYANT offered a substitute therefor.
Mr. SCOTT regretted that politics had been
lugged into this great State interest; this ques
tion involves 8 or 10 millions of dollars to the
State, and he had no censure to pass upon the
various administrations under which tho road
bos been governed. When the Whig party had
it the Democratic party cried out ruin—when
the Democratic pony bad it the Whigs raised
the same cry, and now the Republican party is
likewise charged. Let the enterprise.be so
disposed of so auto make it advantageous to
the State.
Mr. BETHUNE offered a substitute leaving
the question of sale or no sale to be decided
by the people at the next election.
The SPEAKER ruled that this substitute
could not be entertained.
Mr. FITZPATRICK moved to lay the whole
subject on the table. Lost
Mr. TWEEDY said that ho was in favor of
the appropriation, but that has failed; that
this question was not devoid of politics, and
that as the measure to make the road a good
one could not be carried, he is compelled to
do the next best thing, to-wit: the leasing of
the road.
Mr." BRYANT advocated his substitute
which provides for the sale of the road.
Mr. 'BETHUNE said that he opposed all
these measures which would take this road
from the people of Georgia, and desired his
substitute to be put in after the enacting clause
of 4k® oul>otifcatc and offered by Mr. Bryant,
and thus allow the people to express their
views and desires through the ballot box. The
road has done incalculable good by bringing
to ns the products of the West If this
road is put into the hands of private persons
the people may suffer from blockades of
freight at Chattanooga, and a. discrimination
inffavor of certain articles and persons; and
if the road once gets out of the hands of the
people under lease, it is gone forever.
Mr. TURNER of Bibb opposed the lease or
sale of the road as measures calculated to harm
Ch6 best interests of the State. He said that
tjhis is a delicate question and one that he does
not think this Legislature can do anything
with which would give satisfaction; that he is
satisfied that Mr. Blodgett has never misap
plied five cents of the State’s money, and has
managed the road os well as it could be done.
Mr. SHUMATE thought the demand for an
appropriation war fanciful—and that there
was really no nso.for it there is no necessity
for appropriation, for selling or for leasing;
and the road would have continued tc pay as
under Governor Brown's administration, if it
Had not been fbr the war. The pro|>osition to
lease wonld secure about twenty-five thousand
dollars per month, and in ten or twenty years
the receipts from the road, running through a
country which is bound to vastly improve,
may amount to at least one hundred
thousand dollars per month.
, Mr. DARNELL moved to indefinitely post
pone the whole snbject
On this, Mr/ O’NEAL of Baldwin called
the. previous question, which call was sus
tained.
: On the'main question, the yeas and nays
Were called for with the following result: Yeas
•6, nayr 67.
A message from the Governor was received,
that his Excellency had approved and
the resolution appropriating $2,500
devekming tho resources of. the country
through which it runs. That the Road has
been an engino of political scheming from its
building until now. No matter what party is
in power, he argued that as good and reliable
companies as are in the United States, arc
willing to take the Road and pay $30,000 per
month daring tho first five years, $40,000 in
the next five, $50,000 in the next five, and
$60,000 in the last five years of the twenty
which it is proposed to lease the Road, making
in the aggregate sixty millions of dollars.
Mr. O’NEAL of Lowndes opposed the bill
to lease tho State Road, remarking that tills
revenue may or may not come into the treas
ury; but that there is no member here who, if
he owned this Road wonld lease it out, if so,
why will this House lease out tho people’s
property? This lease wonld open up a rare
cliancc to allow the lessees of this Road to
havo just such reports by tho committee to in
vestigate at the end of their lease as desire.
Mr. PORTER of Chatham, was opposed to
either the lease or salo of the road. Halt of
the net earnings of this road are devoted by
law to a common school system, and hence his
interest. Ho moved to lay the whole subject
on the table. Lost.
Air. FITZPATRICK moved to postpone the
whole subject until 10 a. m. to-morrow.
Mr. SCOTT opposed this postponement.
Air. PORTER of "Chatham moved to post
pone until Monday next, on which motion the
yeas and nays were demanded with the follow-
‘ ig result: Yeas 46, nays 71.
Air. FITZPATRICK’S motion to
until to-morrow was put before tho House’ and
lost, by a vote of yeas 47, nays 62.
Air. PRICE offered au amendment striking
ont that part of the bill which would require
the Stato to pay for any improvement of the
condition of the road when returned over in
its present condition. On the motion to agree
to this amendment there were, yeas 107, nays 2.
Air. TWEEDY called the previous question
i the adoption of the bill as ai
Mr. O’NEAL of Lowndes mev
On this motion, the yeas and nays were de
manded with the following result: Yeas 32,
nays 68.
e main question, on the passago of the
bill was put, with tho following result: Yeas
90, nays 31.
A message from tho Governor, saying that
his Excellency bos approved and signed tbo
following acts, to-wit:
Au act to amend the several acts incorpora
ting the city of Atlanta.
Also an act to incorporate the Savannah
Price Street Railroad Company.
Also an act to incorporate the Steam Plow
and Transportation Company of Georgia.
Also an act to incorporate the town of
Hogausville.
Also an act to authorize tho Trustees of Le
Vert Female College to convey the same to tho
South Georgia Conference.
Also an act to grant to certain persons thfe
right to dig for phosphate, rocks, Ac.
Also an net to incorporate the town of Ac-
worth.
Also an act to alter tho ltoad laws of this
State so for as they relato to Quitman county.
Also an act to change the time of holding
Wilks Superior Court.
Also an act to alter the Road law so far os
relates to Sumter, Paulding and Clay coun
ties.
Also an act to incorporate tho Rome and
Summervill Railroad Company.
Also an act to change Glascock count}’ from
the Northern into the Aliddle Circnit
Also an act to amend an act to require the
Supreme Court Reporter to publish d<
in pamphlet form.
Also an act to incorporate tho Pulaski Alan-
ufacturing Company.
Also au act to abolish appeals in the city of
Augusta.
On motion the use of. this Hall to-night was
tendered to Judge Lochrane to deliver an ad
dress on the subject of the State Rood.
Tho hour of adjournment having arrived,
the House was declared adjourned until 10
m. to-morrow.
Thuiisday, October 13, 1870.
House met nt the appointed hour, Speaker
McWhorter in tho chair.
Prayer by ltev. Dr. Brautley.
Journal of Saturday’s proceedings was read.
Mr. BETHUNE moved to reconsider so
much of yesterday’s proceedings as relate to
the passage of a bill to lease the Stato Road.
Air. BETHUNE remarked tbat this is a mat-
ter.of great interest to the preple of tbo State
of Georgia. It was tho main property left to
the State, and whilst ho differed with many
gentlemen on this, subject, ho was willing to
accord to all an equal cbanco to act for the
best iuterest of the State.
After squimushing here all day yesterday he
voted for tho adoption of the substitute bill
as amended by the gentleman from Lumpkin.
In order that the Houso might come to a vote
on the passage of the bill, on tho final passage
of the bill bo voted against it. Ho was op
posed to the sale or lease of the Road, and
has as yet failed to obtain hi3 consent to make
any appropriation. Ho regretted very much
that the Road had not been ablo to make satis-
actory payments into tho Treasury; he had
no charges of dishonesty to make against any
one. The present bill leases the Road for
twenty yearn; it was au experiment,.and if we
were determined to experiment, be was un
willing to do so ou so large a scale; we should
try a lease for five or ten years and if it
worked well future Legislatures could extend
it, if it turned out that we had made a mistake
in this business, the mistake would not work
so great an injury to the State.
Various other plans bad been suggested—
one tbat struck him with force was to make
Ex-Governor Brown Superintendent of the
road for ten years, with sufficient salary to
justify him in giving it his attention. Under
his administration the road had paid hand
somely, aud better than under any other.—
On motion of Mr. SHUMATE, the Senate
resolutions in respect to General Lee were
taken np and concurred in.
On motion of Mr. TWEEDY, the use of
this Hall, on Saturday, was tendered to the
citizens of Atlanta for the purpose of holding
a meeting for the purposes indicated in the
Senate resolutions adopted by this Honse.
Air. FITZPATRICK offered a resolution
nsuring the Speaker of the House for hav
ing, as alleged in the resolution, on various
occasion disregarded the rights and privileges
of members of this House. Mr. Fitzpatrick
avowed the truth thereof and said that tho
resolution was drawn by Mr. Anderson, of
Cobb.
On the motion to adopt there was but one
vote.
On motion of Mr. HALL of Glynn the use
of this Hall to-night was tendered to M. A.
Hardin, Esq., for the purpose of delivering
an address.
The Senate resolution inviting the President
and his Cabinet to visit tho State Fair was
taken up and agreed to.
On motion, the Housu went into Committee
of the Whole and continued the consideration
of the general appropriation bill
The salary of the Superintendent of Public
Works was fixed at $1,050.
The salary of the Attorney General was
fixed at $2,000, imposing the duty of Attorney
for the State Road upon him without further
compensation.
At 5 o'clock the House was declared ad
journed until 8 o’clock r. si.
NIGHT SESSION.
House met at 8 o’clock r. m.
Tho consideration of tho general appropria
tion act was resumed. One hundred and fifty
dollars was appropriated to each of the Chap
lains.
The usual amounts were appropriated to pay
Pages and men engaged in furnishing water
to members, eta
^position to make an appropriation of
eight thousand dollars to pay outstanding
debts against the Penitentiary excited consid-
able discussion, and was lost
Sixteen thousand dollars were appropriated
to tho Deaf and Dumb Asylum.
An appropriation of two thousand. dollars
was made os pay for the Principal keeper of tho
Penitentiary.
Three hundred aud seventy-five^ thousand
dollars were appropriated to pay interest on
the public debt.
Two hundred dollars were appropriated as
contingent expenses of the House and Senato.
Three hundred dollars woro appropriated to
the Clerk of the Supremo Conrt for extra
service.
A motion was made to strike'out the section
of the bill allowing the Governor to draw bis
warrant in lavor of persons performing serv
ices not mentioned in the Act
Mr. O’NEAL of Lowndes opposed the mo
tion as a thrust at the Executive.
Mr. SHUAIATE favored the motion.
Mr. BETHUNE opposed the motion to
strike out ou the ground that the machinery
of government could not be run properly
without some such authority iu the bunds of
the Governor.
The motion to strike ont was pnt and pre
vailed.
One thousand dollars were appropriated to
pay for stationery.
The bill ns amended was passed.
A number of Senate bills were read a second
time.
At 10 o’clock r m. the House adjourned
until 10 a. m. to-morrow.
if
r the State Printer to pay for printing done.
At one and a half o’clock the Hone
jonrned until 3. T: x.
AFTEBXOON SESSION.
The discussion sf the bill to lease the State
Road was resumed.
, Mr. PRICE remarked that, in his opieion,
she State Rood had accomplished its end by
complaint are nm-asi*
ness and pain in tho aide.
Sometimes the pain is in the
shoulder, aud is mistaken
stomach is affected, with loes of
appetite and sickness, bowels, in general, costmi
sometimes alternating with lax. The head is troubled
with pain, and dull, heavy sensations, considerable loss
of memory, accompanied with painful sensations o,
having left undone some
thing which eught to hate
been done. Often complain-
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low spirits. Sometimes some
e symptoms attend tbo disease, aud at otlw r
times very few of them; but the liver is generally the
organ most involved. Cure tho liver with
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Why not reconsider the bill aud take all these
plans under consideration. He was distrust
ful of potting the road in tho hands of a cor
poration who would bring pressure after press
ure on all future legislation for the next twenty
years. Year after year for twenty years they
would hong around capital, and in tho course
of twenty years they would find a body that
they could control, and this great property
might be lost to the State—he was unwilling to
Mr- SCOTT said that during the time since
the building of the Road it has been an ex
pense to the State and a political machine
which has caused ceusure to be heaped on
every party that has controlled it, that the bill
lias guarded the interest of the State well,
and even if mismanagement in the leasing it
would leave the Road iu no worse situation
than at present.
The motion to reconsider was put before
tho House and lost
Mr. LEE of Newton offered the following
resolution, to-wit:
Resolved by the Senate and Houso of Rep
resentatives of the State of Georgia, That*
joint committee of three from the Senate and'
five from tho House bo appointed to report
suitable action to be taken by the Legislature
expressive of the sorrow and regret of this
body and of the people of Georgia upon the
sad intelligence received announcing the
death ol our Christian warrior and patriot,
General Robert Ew Lee, and that said com
mittee report at 10 a. m.
1 Well writtten and appropriate resolutions
were also offered by Messrs. Anderson,
Rawles and Tweedy cn the spme subject; tbit
offered, by Mr. Lee was adopted, and Messrs.
Lee, Turnlin, Hall of Glynn, Rawles and
Tweedy were appoinetd on tho cpmmUtoe.
The Senate amendments to. the following
bills were concurred in, to-wit: r
A bill to incorporate* the Commercial Ranjc
and Trust Company of Savannah. r
Alf*>, a bill to incorporate the Empire Sla£o
Works.
A bill to Lay out a new county from thc coun-
ties of Warren and Columbia*;. ^.
A bill to incorporate the Chattooga Coal and
Iron Railroad Company.
A bill to lay out a new county from the
counties of Newton and Henry.
'A bill to incorporate the' Gainesville and
Ellijay Railroad Company.
A resolution, by Mr. Osgood, relative to cer
tain bonds to which it is alleged that the Treas
urer’s name has been forged was taken* up and
passed.
The resolution provides for tho appointment
of a committee to investigate; Ac.
On motion of‘Mr. CARPENTER a seat on
this floor was tendered to Major Dike, of Sa
vannah.
On motion of Mr. BELL, the House took
up the General appropriation bill arid acted
on several sections. Considerable discussion
look place on motions to strike out extra cond
ensation for certain clerks, which motions at
mgth prevailed.
A motion by .Mr. SISSON to reduce the per
diem of members was lost.
Leaves of absence were granted to Messrs.
Erwin, Jackson and Ellis.
At the hour of 1 o’clock tho House Was de
clared adjourned until.3 p. m.
AFTEKOON SESSION.
Houso met at 3 o’clock, r. m.
Mr. HALL, of Glynn, offered a resolution
providing for tho appointment of 4 joint com
mittee to take into consideration tho Govern
or’s message in the Mitchell claim. This res
olution was adopted.
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