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Weekly Telegraph and Messengef Established 1826. MACON, (j&L., Flii 1 )A Y SEPTEMBER 11,1885. VOLU ME LIX-NO. 41." THE GENERAL ASSEMBLY. and house. that the comtnlsriouert atiall mate schedules of rates and declaring tbo effect of too same at evident-** be, and the same Is hereby rej ealed, . • “ —‘m 6 of said act and forgla s‘ several doing business _ this State are hereoy authorised and required to make each for ltvclf. as soon aa practicable, a schedule of Just and reasona ble rates of charges for the transportation of passengers, freight aud can on the respective railroads in this Bute, and said railroad com panies shall, from time to time and as often as circumstances may require, change and re vise said schedules, and when auy tcbedule shall have beeu mads or revised as aforesaid, it shall be the duty of each of said corpora tions respectively to cause publication thereof to be made for two successive w«ek» In some pub lc newspaper published in the cities of Atisnw, Augusta, Albany, Savannah, Macon, Rome aud Columbus, la this state, and after the same shall b* so published, it shall be the dutf.of each of such railroad com pauies to past at all of the respective stations, in a conspicu ous place, a copy of said schedule to be ob served by them for the protection of persons concerned; and whenever any railroad com pany, doing business In this State,shall make, charge or collect other than lost and reasona- le rates for the tramportttlon of freight or passengers, or shall make unjust discrimina tion in Its charges for freight or passengers, or shall give or pay any rebate or bonus in tha nature thereof, directly or indirectly, or do auy actio mislead or deceive the public as to the real rates charged or received for freight or pas* age, any person, community, town, city or corporation affected thereby may filo with the commUsloneniJappoInted under the act of wnlrh this act Is amendatory a petition in writing, In which the cause or ground of complaint against such rail road company, and of tho wrong or In jury to the complainant shall be plainly and distlnctlv set forth : and upon such petition being filed with said commissioners, they shailproceed to hear and determine the ssmo under such just and reasonable rules of pro cedure as Ihty may have prescribed for the hearing of such causes in the county in which such cause of complaint originated, or in the oonnty of the principal place of business of such company, or the county of Fulton, and upon the hearing thereof the commissioners Adjourned. CilUd to order by the Speaker s« opened with prayer by Reprereuta- tiv® Darden. , Oa motion of Mr Brandt, the rules were suspend'd and the bill to preverit the im- DOitatioD of fecund band or cast-off cloth ing in the State, adversely reported on by the commute.*, taken up for coosidera tlon and for a second reading. Mr. Boyd advocated, and Mr. Watkins, of Gilmer, oppoted disagreeing with tha report of the committee. The House refused to agree to the ad- teras report of the committee by yeas 40 naya 48, and the bill was paseed to a third reading. FXNATE BILLS ON FIRST READING. Mr, Tfgner— Preventing abatement of torta bv the death of either party. Senate b<ll incorporating the Darien Short L’ue Railroad was read the second time. On motion of Mr. Berner the House, by yeas 78, nays 22 rhaog-d the order and took up House bills favorably reported ou for a second reaping Mr. Word moved to meet at 3 p. xu. In stead of 4. Rejected by veaa 58 naya 00 On motion of Mr. Bartlett the Home, by yens 74. nays 21, wdjourned until 4 p. m. Mr. CxnDell, of D*ca?ur, has returned. A message was received from the Gover nor announcing that he usd approved and signed the following bills: To authorize the mayor and aldermen of Savannah to pave, grade, macadamtE® and otherwise improve for travel and drainage the afreets and lanes of the city of Savannah, audio provide for the at eessment of a portion of the cost of aocn improvement. To amend the charter of |the city of]At- lanta eo as to authorize and erapowerffbe city to enlarge and improve the water sop- "to vest acd establish in the county o' Chatham a right of way in and to alt drainsg® rana's, public drains and ditches In Chatham county outride tbe corporate limits of Savannah, now used or which may bert-after be acquired and used for public drainage or sanitary purposes. AFTERNOON SESSION. House bill to amend aectioa 710 ot the code which provides a penalty for the failure of an engineer to blow the wtleri* in certain ci es was taken up for a third reading, and parsed. A bid to fix the talar/of theaheriifof the Supreme Court at 11,000, in lieu ot fees, was lost. A bill to appropriate money to repair tha Confederate cemetery at Marietta was laid on the table. A bill to promote medical sdenca by providing the bcdles of certain persons for dissection. Tabled. A bill inttoiuced by Mr. Gordon, of Chatham, to encourage search for ftboe phatetock and phosphate deposits it* this otste, wus taken up and retd the third time. The passage of the bill was stronglv urged by Mr. Gordon. The bill provoked some opposition, and on motion cf M Gordon was laid on the table. Adjourned. Atlanta, September 8.—In the Senate, tbe special order eet for to-day was t«k®i np immediately after the reading of fhe journal, being the subititate offered by tbe committee on rsllroids, to be entitled set to alter and amend an act approved October 14,1879, providing for the creation or establishment of s Railroad Commia sion. The following is the full text of tb. bill: A Bill, to be entitled an act to alter and amend an act. approved October 14.1&79, e titl'd “an act to provide for the regwUti- of railroad freight and pgasenger tariff* ; to prev sasonable. road enterprise, and in the next two years we Mr. Harris, of Bibb, moved that House -STY (IP n a uKSf *n sb«3iS» bm wl11 Bec hundreds of miles of road built bill 835. the special tax bill for the building LSfhS an<*h nmnMStMi a^w-nalte^ai U stand * and that are not now contemplated. and completion of the new cauUol.be made ^vfdS C in^sMdscto^%tSSr 14*1879 he WM ^fll aiVnSiS hvthe Mr. McBride offered >3 a part of his »he order for to-morrow, which prevailed, tor a violation o l f the 1 rofes and regulations SS!2?f«win y original amendment to> sectioi second, Under a suspension of the rules, Senate provided and prescribed by said commission- ^SSftiSS? i *th®Thirtysecond favo-ed a Pulsion that the decisions of t-e com- bill to incorporate the Darien Short Line era; that should either party be dissatisfied Mr. Smith, of U» TM&wa0,MO.ea m f g&lon Bh&U be fiaa ,. Railroad was taken up and passed. Also with tbe decision of tts commissioners, or giving tbo right of appeal, ine commis Mr. Mitchell, chairman of tho committee U Senate bill to alter and amend the act with any rule or JSffiSSn SS?the nlht tS ; °? 13 uw nf^hn tori* on public property to whom wastubmitted Idc rrp jratinp the Balnbridge, Cuthbert & S?2-J*tSa > Mma P bv t anneal t J tb?°BuDerior 11 oa *. {uudamentsl on-tYhl thequMtion of the propriety of substituting Columbus Kailroid Company, passed. inated, under the same rules and retortions I “JJJ.JJJ AYttSanS * itis autocratic and ia l “ e construction ol tbe new cspltol, as to supersedeas and manner of appearing as “®‘ a ? ds .itntioas Fordeu msde a r ®P ort oppattof any change on Atlanta, September O.-The Senate ja£ now provided by law in cares of appeal from repugnant to our institutioos ^ oreigu accoaQt of AJ delay and addii lonal expense . 1f , 1 me«.agew«receive; rom , h .Hon,.. OwnabiUMMUil datannin.inchcu*xm- of Ure proiperify ol uie E 8:»te’^''acmally mfiSd^'tho 1 conroUIce were ordered oi.nonncing tbop^jage ot certain bills and P ^^M h fe t i!;oad Oo»- , , f - *- --■* #1 “u| thevagua spgiMUons jast^made | m i l8 i on b iii was suspended by the explra-l Mr. Rankin, chairman of the committee Mr. Cabaniss, chair- judiciary committee, Bnbmitted reports. I tu prescribe a lea of evidence In ppout^H SJi _ • and duties I latlon'to the iame. ’’ the said act beln I lucorporaud lu the rode of Georgia ot anddt*»l/natedlnaaidcode a* « to 715 p Inclusive, by repeal!’ 6 of said act. known ea ►t« tlon ' said code of Georgia; h; lug aectlon 6 ut said act t* s rtlon 719 (1) of i of Georgia. and t stid relw-aletl scribing the jurl of the rail eala Iroi paolee doing basil id J .ibltih M The Btnate amendments were concurred Mr. Maddox replied; Yes; bttt tha time I thought it nowise to burden the courts may come when tbe people will demand with thesecris-s abcut which they know In. and cry ior the right of appeal, as they are nothing and have uo m f n omgout The House went into a committee of the now doing in California. There the peope anything abont, and for that reason he wbo’e, with Mr. Brown, of Carroll, lo the are clamoring lor the right of appeal from would oppose the bill. chsir, on the bill providing for tha call the commission. Capital will net come The questions involved are not of right of a constitutional convention io April, hereaudinv.BttnUief.ee o! an arbitrary or wroTiff, iut purolj h tin.iicitl one-n-18-U coin mis,inn. Not a nun on tbl> floor ti«ncial policy which c*'. uot bed.trrtmn- Mr. Everett, of 1-olk. moved that the woold Invest adollarlo railroed rn'orpriar, id by jiuier »ho kn ,» noth:: , atoot It, rni mlttce r .e and report the bill hack and why ask foreign capital to do it? I and can not find ont without an nnre&s »n-1 with tbe recornn It is h most reasonable propjsitlon to I able expense to the pari ula'beg 3 genius Cabaniss of tbe T a I i.dilion that it do not Ipats, Mr. Middlebrook hoped that so im- ty second—The I portant a mcA*nro would not be disposed T ,„ In Full of tlyi Railroad Bill nnd the Diicuialon Upon It In th. S#n» ,„..riohlbltlon Dl»cu»aea In th. Houat, Etc. Atlanta, Feptember 7,-The Senate met l 3 P m. Upon s call of the roll lor the introduction of new matter, the folio-la* vas introduced i Mr Rankin—A bill lo rrgalate the itsn Mce of requiaitions by the Governor for tbe extradition of fusitives from jait-re. Mr Traylor—fk bill to incorporate the LaGrange Worth and South Rtilroad 'loin- uorlhen, chairman ot tha committee oa education, submitted s report. g HOCSI PILLS OS THIRD RKADISO. Under a suspension of the roles the fol lowing house bills were taken up for a io Inco-porale tbe Gainesville end Hill County Street Rahrotd Company. ^jYr^i'alligant. chairman cf the special iodlciary, submittsd a report. 1 A bill to amend an act incorporating the town of Jefferson. Pa«ed. The rul'S were suspended for tbe pur pose of reading Bennie and Houte Pills the second time. A message was received from the House snnourcimr the passage of certain bill*. Mr. McBride, chairman of tbe com mittee on enrollment, made a report. A nnmbez ol House bills were read the r^h # 7abT - ant£orfi^d and^mDowered to de •ruk.*7nmm*<MTnn''niadik'nn I enteronae of the state naa oeen cnecKen i oaperior uourt m me coanues oi winner first time. . .. clae and determine the matters in dUpute. and ®?fimt^Hiemselves to raiP antl Choked. If this bill is passed, capital and Fannia was called np under a suspen- Mr. Hoyle, chairman of the committee to make such rales and reguUUons concerning ^P era ®D a J^® d ®^ ot ® t ^® , ?{’j* I ' e8 I t< i h b atbome and abroad will fl*w into railroad sion cf tho rules and passed. on temperance, made a report. the same aa shall be Just and reasonable. 1 " nrt ,n fl| BU - 1 — *~ l * * ‘ ” and not Inconsistent with the laws ol this Bute or ol the United States, to be en- \ should not be arbitrary forced and'lMrttofmu lorwumenttoWilhei fliataecllon ol the bill propeael to taka I of that way. The 8 ate netata a new'con- right of Appeal and if wo let it atand, onr from the coutmiriion the i a'e making pow- etltuiion, » better one, amt he hoped the children will live to enree the boar. er and give It to the railroad*. Iocaaeof b ll would be reported favorably. Mr Northen of tbe Twenli-tb, agreed dlaiatitfaclioo on tbe part of tbe people llr. rnoinae,of 1-ultOD, agreed with tbe with'the Senator from the Forty-second nn appeal la nude to the com million and gett'.emnn Irum Newton. He thought a that eome change was needed, Bi d that I upon dlat-tufectton of the party to the new constitution was needed and ILought tbAreoaght to be some appeal. The only derision of tbe commission cowts. Mr. the bill ongbt to pass dilTerence between them is the manner of I Cabar.lrs read from n fo-mer report of the Mr. Hardeman, of \\ like), called for the tbe appeal. He was not In tbe interest of I commission mace in l-'l, m which this minority repert. anythin* except the public good. H the very rghtof appeal was birorgly favored Mr.Ilarrel .of Webfter.aald the Home decision of toe commission la not aatlafifr by the commiasloD.wlio recomcLdid some conld not well act without the minority re- tory to the railroad or to the complainant, leglalaU m on the anbject. A. anhseqnent port, aDd moved that the committee riae, an appaal ia made to a jury of the county report, however, indiCHtts that ttere has report progress nndI aak lesve to alt again, where the complaint la made. Then the been aome a'range and sud ten change on Mr. Hernaoii, ol Qittman, said the peo- lurvis made up o! peop.e in sympathy the partof tbe coo miaaioa. and the right pie were either under n misapprehension wltnthe romp ainant: and they are to de-of appeal is vigorously opposed. It ia pro- ns to the capacity of tha Legislatrue for cide oo oneaUons about which they know poiedaUll to deny to railroads the right doing bmlneaa or the Legislature needed nothing/ The case mnat then go to a ol appeals lo the courts that ia given to more tha* than la contemplated by the hicher court everybody else. It ia claimed by the op* constitution. That prescribes a session of « pooentsof tbe bill, that the appeal to the forty days, while it really requires 130. Mr. Maddox asked -Are not jar.es olten *, ourl9 w jjj not benefit tho railroade. II the He thought the bill itself rot well under- called onto decide questions of JcieDce, I railroads are willing to trust the stood, and it would be best to have it chemistry, poison, etc., about which they I oocuta Gra juries of tbe State why printed so that it might be better under- know nothing? I B bould tbe other side complain, or ia the I etood, as it was a measure ot great Impor- Mr. Northen said yes, but they would 1 f nre of their assertion that tbe prejudice tance. have the benefit of experts. | of jaries will be against the ro*d*. wuy are That it m'ght bo so disposed of, Mr. so submitted, and of such rates shall, In the opinion of the commission, ba just and reasonable, thea shall affirm the same. But if, in the opinion cf the com mission, t he ecbeduleof rates so submit ted, or any part thereof shall appear nniast and unreasonable they shell, before p&sstcg on tho rate or rates thought to be unjust or unreasonn- bie, cause notice to be gf ren to the corpo ration submitting such requiring such corporation to appear before said commission to show cause why such sup posed ui'just aud unreasonable rates should not be changed by tbe commission, which m/ice shall be given to such cor; o ratine, not less han ten davs re the hearing; and after considering al'jthefacts submitted the commission may affirm or chai ge the whole or any part of the rates ’ the rates affirmed and the changes made as herein provided, shall bn immediately reported to tbe corporation submitting the same, and such ratfi so repeted by the commission ba observed until the same are altered by judgment on appeal, or by com plaint to the c minm-M >n as Imrtinaiter provided. The Railroad Commission shall cause all reports made by It as aforesaid, as well as those fixed by judgment on appeal, to be published for two successive weeks in some public newspaper published in the cities of Atlanta, Augusta, Albany, Savannah, Macon, Rome andColurobas in tbit State, ADd after the same shall be so published it shall be the duty of each of such railrond companies to post at all Btatioas aloog the line of road affected by Mr Maddox asked if they could not call they afraid of the juries? It is plain that Middlebrooks, tho author of the bill, each rates in a conspicuous place, a copy i experts in these railroad cases. the railroads and the people bath ought to moved that the committee rise and report of said schedule to be reserved by them in Mr P Northen eMd ves”bntTn m'eny cases I beYlfowidio go Into" ibe‘ courts. A* has | progrereand aak leave to ait again, wfllch th. Im,fi„i, 5n,il,lhe «rn.H and the core- been Bald, the time iney omc when the prevailed. cerned nnr'hA^hiA^oemrdov an railroads after having been soloDg ground Mr. Uattin moved that 200 copies of the Mr. Maddox said the amendment pro- piainauts would not be able io employ n I ^ own| n i 8 y cipturo the comraissron, and bill bo printed aud made the special order posed was already the law, and would SXparL _. .. I nnnrAu ih« nponlfl. Then there will come I for Th iradav week. The oueation was di* leave matters where they are and the rail- roods aud the people would really be worse off than before. The question has never been a question of rates, but of discrimi- d b tii 0 ™ 6 }f xfw'nf\ha onfn!nn th*™ I OOmDisdooT Since that time the railroad I A bill changing the time of holding the era of tbe commissioifon that point to^re- f ♦ ^^^fJhermrnniissionniade nn | enteronse of the State has been checked 18aperior Court in the coantics ol Gilmer venting unjustdiscrimination. The amend- KwiMMMk wn . nimnic tn the man- oppress the people. Then there will come for Thursday week. The question was dl- «LV.SS| up H a cry from all over the Bute for this I vided and the proposition to print pre- per ?! 15^HiMrUtftn the sin very right ol appeal. Georgia owes much vailed. On motion of Mr. Harrison, the Sjjf/j! htPd ffthfi 1 Kunreme P Court oI her prosperity to her railroads In the bill was made the special order for Friday Court. He doubted If the bupreme umrt * before the establishment of this next, would be competent even to dec de such PJ • Hince that time the railroad A b for the protection oi all persons con- tbe first term, unless continued for provwen- w wh | cll be was opposed. Tbe old, estab- tlai cause, and toeparty or parties in opposl- w-urej indiriarv is suillrient, and to that lD ** &.^j£5&2kffluSiJ222&S I iiST&iSl w*St to be trenttd. Th« propo- [ HOUSE. I Ur.Ttgnor.otthe Thirty-fllth, moved . thb^clrcult in watch told canee U beard; that I slUon that the decision ef tbe commission 1 Under a suspension of the rules, the fol-1 .' ,.. *i.r Tkurnose ol tuner party to such preceding may move tor shall bo final is simply monstrous. He j 0 wing bill was Introduced: sn-penslon ol the rules for the irarpOMOl uew trial, or except to the astion and rating could not see why anv Senator cou d op- Mr. Jones, ol Miller—Amending the act taking up and concurring in the joint res- f such Superior Court in the same manner p:)Je tb e bill. It Is right, just prohibiting the sale of liquor in Miller ointion of the House, providing for a joint rotten, were ttttt. U- ^7= ol mlu'omen "pSrfofmlo* aetvlMa herein rro- peal should not be given. Why do the ,laced by Mr. Abbott, unier a auspeoaion electing a Judge and a tollcnor-gener.l ol elded for. shall be enttiled to Ut.same fees gentlemen on the other side teartbejnriea !„[ the rules: 1 the Stone Mountain circuit. The resolu- end ebergee u they ere now allowed by law 0 t the State. They ere a part of the conrla For the relief ot the Norwich Uolon Fire ,i on concurred In. (orllke««rTtoe*,oeanchiia may be flxed by ,|, at hevealwaya been eatabliahcd lor the Insurance Co., of England; for the relief ol 1 . . ,, DaviilJon theSanale — —«»'-"»“b*u»l - Eterenlnlng o! canata. »nd these cases the Merchants’ Insurance Co. ot Newark, OamoUonoIMr. Davldaon, me senate lght to be submitted to them as well. IN. J.; for the relief of the Continental In-1 reconsidered its action of last week on the in UawdLcreffim of “the commissioners or the I Mr. Falligant, ol the First, called atten- aurance Oo. of New York; for the relief of bill to allow a surviving minor hnsband court, as now provided by law tor taxing costs tlon to what seemed a misapprehension of the Imperial Fire Insurance Co. ol London, or w ife to Uke bis or her share of the es in equity cases. A . _ 4W I the purport of toe bill. He thought the England. I w te ol the deceased without the Inteven- Section13 Be it *arthtr enactod of the aa-1 misapprehension dae to a wrong process jJ r Gordon offered tbe following resola-1 1 j 03 0 [ B guardian. The bill was then ta- thorhy .tewMld. Tbel IWffl u Bt retd y ^ ^E P i n ,. They think railroad case. I tlon: b !,d MetionnJnTwhichdefineetS a « different In character from every other For the relief of the Maryland Life loan- Mr# FAlligant, chairman of the special SST 1 ^SSiSSid eorpocaUooa ,? or • railrowJ c»se. and in Us rssmtwiU be the same as raD ce Co. of Maryland. iuuhlarv committee, submittid a report, compaay” he, and tho tame la berabr amend-1 ia o*h*r cases. In fact they are the same mlls refirst time. | The Senate resumed consideration of ed by inserting after tho word M lndtvt<iuais ns other cases. One of the commission TT a w«,» rt n Pi-rin^ «k A r**m nf I the Railroad Commission bill, the worda “receiver or receivers, so that said ba 1 said that all the talk about experts is Mr. Herndon—Fixing th». fees of jus- .. McBride took the lloor and said he aectlon, when am«*ded,wlllroae as follows: an y geos jb| e man could |ices of tbe peace and notaries public ^ or rtinvassed the Senate on his amendment ^iro^rom^y •* ac°«! Shole qu'stioa and rnilread a«ffi®g commissions to execute mterroga- XeTyeaterday° and found that there •hS)t^ASmfdanduk«i'?me*Bsa\w>rporM»y8temiotenday8. He thought diaereut, tortos. addit tonal appro- wmuoC5«*«* P a ^ a K«- dld ., not atlons, compantea or tndlvlduil*. receiver or Bed that experis are necessary. "r.*iarria mating a ‘‘* r ‘® na j es j ro to consume unnecessarily the time — * ™- M cb ThecriRinof tbe bill was oa the com-1 {nfitjooaitor^thjtXMnrjjffl IWto ggj and would therefore ask plnir.t ol discriminations between OQt | a0 .^.^® le iL^lL^“!?KgKSS^ leave lo wltSlraw the amendment. The Ti place and another—nothing else. An !d»a tiona for the expenses oi uegovsrmatPi... ersnted. n ; prevails that most ol the cases made are ^ nder a °thlrd readlne the bUi Mr. Rayf ol the Thirty-sixth, proposed se, and will be small cases. It Is more likely fiiorH i 1 6 Mid ll nd iri d to ametul by striking oat of the nineteenth thatsbaFf'do'business common carriers that thecomn'alnts made will bo against jjjjywjjjjjf lh ® 0® or S«a MiJUnd and J|ne lh j MC ona section the words LUri. not m oa S o 8 rr pro- ^in^rm? 1 ^ rectrera, nuw ownlo* or operating, er wbtob mar berrefur own or op. raw ,oy railroad. In I iwnol. or tn part. In Ibis IWt. and th. provt- ^PfnilpqBPUiPnSHR cSHt ou tlir 111 'u* a I ■ , of th* advertisement required in le/ironToTl As to a higher commlsalontho chairman fzrfl tbUMt. . v oi tbe Itallroad Comml.ilon In an argu- M, l “" Mr. Gordon offend an amendment tbit company end the wrong or lojary complainant or the community, town I city, or county, where he m»y reenlf —’’ the argument and dltcnailon on tbe bli.it) merchant po’.kcu the ptol.t committee on Ojorglft'a exhibit «t London, ' . ,^0 i n t., 0 r ol tbSt'SKton w"bo°g t .d n obiiuon. P ?o^thS “hen cov “uml"rTu7penaion oUh?A?«. Mr. Clay Inter, hill would bare lull opportunity to offer Irecw had be‘e'n made “lor'rei dSwoi intrcduced a bill lneorporiUng 'the Merf- 2, direct^. affected. or _dlrec_ y _ bill would b»*. full oPI'armniiy toouer ab d , delivery ol I tntroaaoM anui_uiporporaung ure I StedTmw bring s case or make' »com. •. a /. h J.^, n :“‘V,‘L\^.^r;^,„.7:|fe.tllUera In th. State, all. at once, th.|etreaud Au.tcll fUllread Company-^ (hB |«t«d. ^ 5 , h „ d uient proposes that the commission shall have power to revise the rates of railroads. Why not leave the rate making power with the railroads, as the bill provides? There is no complaint about the schedule of rates, and it is on proaf on the lloor of the Senate that the railroads themselves will give greater satisfaction to tbe people than th« commission. The amendment pro vides that the case shall be mad® t he commission. That is wror % why make tbeconrtapartv? The literature of the railroad Commission Is remarkable as 0b?wmffhow the commission has changed Ihorses. Early in its history the commission likened itself to an auditor, a master in chancery. That is what we want to make them new, but under this last report we can’t do It. Mr. Maddox read extracts from a num ber of trials before the commission and its reports showing how inconsistent they have been. Mr. Maddox read from the decision in the Tilley esse showing that the refusal of a trial by jury and the right of appeal is unconstitutional. The com- mission subscqiently delivered itself In full accord witn that decision, and an-: nounced that if there was ever doabt as to tho right of appeal it was plainly settled in the Tilley case. Hence they pronounce thtmielves in favor of the right we now ask for. The commission in a subsequent report said “we have always and still favor” a change In the law that will give parties the right of speedy appeal to the courts from the decisions ot th® commission. The Governor in his mes sage urged the same thing, and this bill was drawn to cover as carefully as uopslble the posttlon taken by the commission and recommended by the Governor in his message. What a change has pow come over the commission! When a bill la framed to cover tbe very sug gestions made by them they fortn- wlth straddle the constitution, like Mr. Harrell does In the House, and tight it on the score of its unconatitutionality, and even deny the right or power of the Legis lature to change or modify one of its own laws. Mr. McBride said the 8enator was clearly mistaken in his idea of the amendment or of his own position. He was Nearly in favor of some change in the present law. He believed the amendment pro posed by him would remedy the evil complained of. The amendment offered by him yesterday struck from the bill the right ot appeal. Since offering it, he became convinc'd that tbe railr' ads ought to have the right of appeal, and he consequently withdrew the amendment. The amendment provides that the corpo rations shall make their rates, but before they go Into operation, they are to be sab jeetto revision by the commission, ll they do not seem just or reason able there Is to be a fair ana fall hearing, in which the railroads will have an opportunity to show that the rates are just and reatoua fata. . , While he had every respect for the com mission, be proposed to vote according to his own best judgment. He had heard of no good argument against this amend ment. It waa his bonrst purpc>s to per fect this bill, aud he thought the amend ment ought to be adopted. Mr. Falligant thought ih/i amendment failed to reach tbe evil to .<« corrected. The difficulty Of tbe amendment is a funda mental one. It there la one thing settled dice; perfect the bill. The committee iSV^*re luatly eniUJed. and Who got the by what authority the Georgia rac»Dc|^^ woold not object to witoUMOdBMOto bene“i? rrot toe consumer, for the price I tl j° way of the ' V e8t ® rn and m add >x thought ft the strangest and Lcce'pt' any’ SS^SdSt^TSS ^ a°nd MrFu.oflereJ nn amendment to th. V.wnan* I jtg^tSrt»Bgga5r«BpiRdbef«lr ami was comfog when the people would ggfc, !* ' * nd Senate .mendtnent Inclodin* aa the object “7 • B P , !S T A Mreon»Mntne.t w! ‘“PV, 11 - 1 - “•« amendnrent doe. not demand some chame in the commia- oa K ht not 10 ” * llow “ 1 - , ot Inquiry "the Cincinnati Southern, the hrkreTcar^ P-'°'^ <le . , Tbi bm carefully drawn, 10 as alou law. home wanted lo aroUah the Twelve million dollara of OtJtoA Of jfau,HdV«t railroad of Alabama, the }> !l °* “J . w ‘L* de f't?V, S J c “', I iom*ij *Ue luggeations of the commiaalon coii ml.aion Bon.e to modlly It. powen, Oeor|laT»Ilioae».ie owned hy mople ot Marietla , ndSorlh 0K)r(! i, nSroSttd tttolh« <ieplcndc^thtt^UL Hllhop.^ -“ - and other, to leave it wneie It .tends, the Slate, and two thirds 0 . the whole the EutTenneM.e, Virgin,, .nd Georgl. L h « ,Jom what hTknewol’Bm. Tbe lime had arrived when the Ben ate was amount, ownedby women, children end I railroad.” which tbe Speaker ruled not 5?*" Vlewe on The bffl C.lrd upon to consider the whole qoea- charitable InaUtnUona who are dr pendent Ktrmain t„ tbe Henate amendment. » lor *’ l ," b *’'” 1 r d voieaeainlt the aniend- tion.an.f the bill was aabmitted with anlupon the Interest on tbe etock tor their M r.Flte moved to table the reaolulion, I ittell, they ^ ould vote againat me amenu h0 On > mollon , o[ l Mr:No < rihen.*lhe MU wa. I^SSSS^h.'^SSSS? &SSaS. SK£omSsST. be r " 0,ed * hlch d,d 001 p "“ n - by “• ; Beclioa 2 wa* read. The comm ttee, after a fall investigation, complaints nude it was necessary . some change should be made. These cor-1 of regulating rates, porationi ought to be controlled by tbe going to place tfaemse btat3. They are tstab isbed^for ^pibllc | the esseltafiiplrit^ ^ BUS B| | ***** “ “ '• I " The iTmendment of Mr. Ray was lost cession. £( r# Davidson offered to amend section . u* mu mmida eive^the right ol ap-1 id JiUon to '“rules and Tf galatloDftha I Mr. Sneed, of Berrien, offered a resola- 2, the nineteenth line, after the word “pas- Sll b Mii ihat hemSsed ^ What doea P a word “rates.” The bill already covers tlon providing that hereafter the afternoon sege,’ by inserting the words Uro pre- r»k.!ow «So5t ratea'ortheadmlnUtra-1''raVea,” end H the gentlemen who «e ae«i5noiiimIlona, .hill he from 3to5 aumpUonta a’1 cues being ^alnat the ii«» rantir-v nf railroads? What does the I raising objections are sincere in their de-1 o’clock. Adopted. ... company. Snn.r!nr (Lifrt or Banreme Cjnrt know ol sire to perlect the bill, the committee la Mr. Bond, ot DeKalb. offered m joint res- Mr. Davidson stated hla reaaon for offer uPflhMMMdthaf Iramre otthe hdT wiiline that the word “ratea" be inierted. olnUon that the General Aaiembiy meet In log the amendment wm thaUaimllar pro- lt? Heoppo .dthatlMinreotinepm,;... 1, of the Eighth, did not deaire jolnt iciaion »t noon Friday next for the Ul.ion la mule in the code In other cues ,, a * alii l * ll.. 1 A* rn In.tnji .nd l a'.im t nr. Doll »r. I fit t . n.lvtll .ktlvA.it PAVtVlTtt lAHt Ttlll'ini* mvnn ■■I id tariff oUitt purposes Section 1. Be it — m ■— . k.-n\> :v t.f th*- Man* «^l '>eor/U. That lion of the **M art of October ll, 1^.-'. BMJI 1 the code of Georgia of ‘ rted by the General At- ht iuii*V don’t nnd.rai.nd railroad mattera very little to do wito it. Thec.ie* »reto be to the Benate. Chtnotto aund. H the railroad, can trie'lJut « tn equity caaea; It maybe' atand the ja lee, the public oaght not to referred to a roaster or auditor without couplala/ as it ia well known that the any trial by a Jury, MjJwJU not unless prejudice of juries U against the roads, thare ar® objections to the finding of he The LIU o^ght to pas in us present shape, master or aaditor. In ninety-nine Tbe conmiubion, as it stands, strangles cases In a hundred thei finding of the aodl- ratlroad improvement and drives off for- tor or master would be accepted without •jam capital. They are to be gc verned, not objection. There has been an urgent de- by tbe courts, bat by an arbitrary com- mand for this right of appeal, and it is not mission, from whose decision there just to deny the right. It Is not denied to «- T10 appeal. The jaries are competent toe murderer or the thi*l, and why should try oases where the railroads have It be denied to the railroads? uaged tbe Individual or private proper- The people may feel safe with the pres ty, competent to sit on cases of the great- ent commission. Bat this commission eei magnitude, and life itself, bat accord- may not last always. The time may come tng to toe argumentof the gentlemen from when the railroads In their power may to® Thirty-eighth they are incompetent to gain control of the commission and grind h cases as proposed by the bill. J toe people, asJs the cue jn Oajlforpta. try inch cases as prop oy ine mu. w P Mr. acllrids aiEed if the jury decided Now ia the time to so amend the law as against the roads if they could not do toe i to put It oat of tbe power of the commis- »am® the day after—make similar rates sion to grind or oppress either the rail- or discrimination!t roads or the people. Mr Maddox thought the proposition a Mr. Lewis, of the Thirty-ninth—The foolish on®. If a man is dbnvicted of car- ■ commission started out on the idea to so rviug concealed weapons and lined he may l regulate the rateseinotto oppreaathe peo- aiaie the law the next day, but he is not pie on one hand and on the other to allow r„| v(n the railroa ia : > mak® a r*a» nable profit , would be better after tne words “distinctly The anlinlshed business of the morning, set forth," in the twenty second line. Mr. the Benate amendments to the local option 1 Davidson accepted the suggestion, bill, was taken up. Mr. Bartlett, ot Bibb, Mr. Northen thought the terms ni®d favored tbe adoption of the amendment rather questionable and objectionable. He oflered by Mr. Middlebrook, of Newton, moved to substitute the words “and the He thought it would lessen the evils of the buriien of proof as to the reasonableness bill. It seemed to be the purpose of the charge, rate or act of the railroad of the friends of prohibition company comp'ained of, shall be on such t) force this question into politics, and In railroad company.” The sobstitute was the language of one of them, “when it gets accepted and the section amended as pro- there they will make the welkin ring." p<**d. He hoped it would not get into politics. It Mr.McBride moved to amend section 2 is a riegular state of things when prohiLi- by striking oat allot said section to the tion waa to be made atitate issue in poll- word‘ conctrned” in tbe fourteenth line, Uce, when there are only thirty-two cuun- andUmerting instead tbe following: 1 ties to be atlected. If the question ill “Be it further enacted bv the authority forced into politics let it go. (l he member aforesaid, that section 6 of the said act of from Carroll interrupted to call the prevl- October. 1 ith, 1879, known in tbe code of ous question but was ruled oat of order.) j Georgia aa section 710(f), prescribing that Mr. Bartlett said the gentleman from Car-1 the commissioners shall make schedules of roll was one of the cla»^ who wanted to , ratea and de» laring the eilec: of the same hide from toe facts in this question, and as evidence, be and the same Is ben-by re shut their eyes to th® truth. J pealed, and that hereafter section of Mr. Watkins, ot Gilmer, opposed the said act shall be as follows^ That the __ made from time to time till their last report, and the recommendat'on of tbe Governor. He reviewed the history of th® commission on the question of the right of appeal. The chief objection to tbe amendment is that It permits tbe com mission to revise the schedule of rates in the absence of any complaint by the peo pie, who are satisfied with them. Mr. Rankin, of the Furty-second, who is an opi>onent of the nisaaure, reviewed the history of the commission. He said lie doubted if the corporations who were at the back of this measure would accept anything else than the bill reported by the committee on railroads. Tbe commission is tbe agent of the General Assembly. Tbe Legislature delegated its powers m this matter to the commission. Whether it was competent for the legislature to so act tbe courts have decided affirmatively, and it ia strange to hear the Senators so severely criticise their agents. Under the provisions of the act th® light of appeal is denied, and ought to be. As to the change uf front of the commission as charged, f they were in error, it waa right for them to change front. 1 thought once, but waa in error, that th® great complaint against the railroada was the abominable discriminations, but there is strong reason why the commission shall have the power to fix just and rea sonable rat®s. lie did not claim for the commission perfection. The Legislature do*' not enact a iaw that is perfect. An argument used against the commission i-j a holy dread that foreign capital will be driven oat. Many sms have bven and will be committed against tbe people of Georgia in the name of foreign capital. He wanted foreign capital to come into the .Stale, but he would oppose any sacri- tice of th® right* ol th® people to bring lor eign capital here. He thought the argu ment a flimsy one. He was not in favor of encouraging foreign capital to come by granting rights not granted other people of the State. Mr. Maddox asked if he referred to the right cf appeal? Mr. Rankin said now railroads ana stockholders have full right* in the court* ** the humblest citizen. He had every confidence in the integrity and competes;- hesitated to risk likely to. The m-n who manage our roads are badness .nen and not fools, and they will D ot lay themselves U*: * again to toe law after a question is determined by tbe COtlrU - viva. Why ar® the railroad* ou aw*d_ \W*y are they kept out of ery t run: of ulri by a j-i but t! ban 1®*J up before an arbitrary commission Mr. Mitchell asked tf tn® right of a P (xa u«t by -he an- * n tb®a« cate* ta not aUo denied to thi B « of tbe ir-id 1 people as well. on toe ihteitment. This reasonable profit WA',, alter consultation, fixed at 7 per cent, and to tilect toil the railroads could not operate tinder fixed and uniform charg®a. One road would have to charge more than others. But the <. irts *re i t > to d« at propo**®*! tn th® hi Mr. Med Jot asked i.ot determined bid. r rates ind in ec aipiy an Mr. Lew-.s repfied affirmatively, but am®:.dm* nt. Mr. Wherier, of Walker, obtained the floor and cal.ed the previou- question, which prevailed. Upon a vote toe amend ent by Mr. Middk-hrook was lost. Mr. Gardner, of i’lke, moved t" amend the t'enata anendoi®ni to »®ctiori ‘J, providing that in all count:* - wb®r® the •ale of liquor ia already prohibited an elec tion may be held aa provided in oth«. cm»*. Mr. Gardner was glad to *UU that many friends of the bill favored thU amendment and a large oomb*r of pro- bibitmniita in I‘*ke county aJa^* favored toe amendment. TU amcidrr-ul«« h*at. tion an amendment to the b: i which he would oiler to be passed w.ti *:.♦» b*fpro viding that if tti® amended - t , a io the original actor nny portion of ded unconstitutional by me Buprs.:.*- Court, then the original sections repealed by this bill shall he of force ns though never re pealed I’en ling further argus; nt, the hour of adjournment arrived, and the Sen ate adjourned to 10 o’clock t morrow morning. HOUSE Tbe House was called to order by the Speaker and opened with prayer by the cue plain. Tne bill amending the act repealing the act providing for a new system of working tbe public roads was read tbe third time and pissed, by yeas 91, naya 0. LOCAL BILLS READ FIRST TIRE. Mr. Milner—Submitting th® leetion of prohibition to the voters of Cuboan aud Resaca. Mr. Brandt—Providing for the appoint ment of a board of assessors of real and personal properly In R chmond county. Tne committee on rules rt porte l in favor of adding to the rules of tho Hou-e the fol lowing: “It shall be in order for the House, by a majority vote, to take up for consider ation any bill of the House amended by the Genat®,” which w&s agreed to. , The bill incorporating the Waco and Bowden railroad wa9 read th® third time and passed, by yeas 102, nays i, BILLS ON THIRD BEADIN’.. Prohibiting the sale of liquors within a radius of three mil®* of HarmoDy Grove churcb, Pleasant Grove churcn. and Bethany Baptist church, in Gwinnett county, County lino church, In Butts coanty, Martin Institute, in Jackson county, and Pine Level church and acad emy, in Macon coanty. Mr. Andrews moved to strike out the churches in Gwinnett county. Mr. Pool opposed striking out. The amendment prevailed by yeas 91, nays 39. An amendment was offered by Mr. Pool, prohibiting the sale of Uqoor within two miles of Bethel Baptist churcb, at Mecbanicsville, in Gwinnett cjuc- *nd adopted. The bill as (Lffi®!Iued passed, by yeas 98, nays 0. ine following was annoncred as the committee oa the part of the House to In vestigate the us® of the right of way of the Western and Atlantic railroad oy the Georgia Pacific railway: Bartl®tt. Mcl^n- don, Willis, Harrison, Hines,Everett and Jenkins. UNIVERSITY BUILDINGS. The general order, being the hill to ap propriate 15.000 for repairs of the Unlver- bity buildieg* in Athens, was taken up. Mr. Ballard offered an amendment strik ing out the annual appropriation of $2,000. Mr. Harris and Mr. Uu*sell,of Clarke, opposed the amendment. Mr. Lemur,of Pulaski, said insiffidance: The State University at Athene, t irough the honorable board of trustee' appointed by State authority to ad minister this mem orable and Illustrious institution Ml* the Legislature that the sum of $5,000 is ii®«*d®d to place it on a proper ba»>. Ac cepting this appeal in good faith it seems to rn® a foregone conclusion of our public duty that we should appropriate this amount, so small in comparison with the successful working of so Important an institution. I shall vote for it, Mr. Chair- , alike under the stimulus of a loyal affection for my aim* mater, and impelled by the profound convictions tbs'. I con serve th® public interest. Mr. Harrell, oi Webster opposed the bill, contending that th® Ur»tv®r«lty was not the property of the Btate a: d it had no r ght to appeal to th® General Assembly for appropriation. He reviewed the origin and history of th® university with dona tions to it. In 1813 he slid air®® school system was adopted with an annual appro priation of $250,500. He contended that it could not be granted as a right, but might be as r* favor. Mr. Adderton offered nn amendment strikl* g out $5.C»X) and inserting $J 500, Mr. Hall moved that th- o'm®""**ri*e ind report it back with toe r®:aujinendft- lou that it do not )>a»s. Mr. McL ndoa opposed the motion in an tamest, lmpnarioned effort, which elicited ipplause, and waa complimented on all ides. Mr. Hall withdrew hit morion, the com- mitt®® rose and asked leave to lit again. The House adjourned until 3 p. m. ArXXllNOOX BKetUON. The House met at 3 p. m To** unfin ished busiuena of the morning, the bill to impropriate money for th® repair of the University buildings was taken up. On motion of Mr. Kusstdl. of ('lark®, trie fur ther consideration of the bid wtt - upend ed till to morrow, when It Is mad® the spe rm! order. Mr. Uhappe 1 moved to dis place the next business in order, 1-uw the sp<cial tax bill, and proceed to tn® read- irgof local bills favorably reported the third time. The motion did not prevail. Th® House then took the special order next being a bill to provide mcaoa for toe completion ot th® new capitol by author izing the levy and ctlleciionol a special tax of one-twentieth of one p«r cent, for that purpose. Mr. Harris explained the bill and the urgent necessity of it* pas sage The bill would raise about $155 (XX). Mr. Bartlett made a strong argument and appeal in opposition to the bill. It was acting in bad faith to tbs people. The capitol bill waa a pledge to the people by the Legislature that the buildirg should be erected out of tbe surpUs in tbs treasury, and that there should be no ipscitl tsx levied for the purpose. He did not under stand then how it was to be done, and sees u >w that the measure was t ot proposed In good faith. That clause in tbe bill caught many votes, sufficient vo'es to pass tha bill. He oppos'd forcing bib through in any such manner and protested against the passage ot thia bill. Mr. Brown, of Carroll, tboaght there ought to be no opposition to the paasaae of this bill. Tb® tax propo-.ed i* inning, woold be a bu'den on no tax payer, and there ought not to be any cbJecVon to rais ing the amount to build the, capitol that the Btate io much needs. Mr. Abbott, of Fulton, eaid the chair man of the finance cornmitlee b « i given a very clear statement *>t the ttusnclM status of *he Btate. 11 is Oft* r ‘ **7 further Into that. In rei^ytalM he aaserled that the L®Ki*iahir#fc»twtaff an absolute appropriation Uit fear tor toe new capitol bad forever closed the question now presented by him. It is not good faith now to plead the aurplai in l n* treas ury and the special tax features of the original bill. Mr. Tate, of Pickens, a*k«d if it was not bad faith m the legislature last 7 Mr to make a social appropriate n, when the preyloua Legislators had declared that tha capitol should be built out of a surplus, and there should be no special •** lev ®d- Mr. Abbott replied that the first legisla ture in passing the tax bill thought there several railroad corporations doing buri ness in this Btate are hereby authorized and r * i fired to make each for its* If, •oon as practicable, a schedule of jc.st and reasonable rates cf charges for ,h - transportation ot passengers, fref/ht and cars on the re*p?ctive roods in this Btate; ana said railroad companies ehall from tun® to time, and ha oft?n a* circuraatan era rrqnir*. chang® and revue •aid uched- ulen, an.l whtn an, •ch’-dutc sha.I have been made or rerued. a* afnmaid. it shaJ? b« tb® duty of each of said corporation* rna,*'Otiv*-ly lo -i ibrnit the same to the Railroad t'omrn i >n. who «hali oa early as practicable ro.cw said wouid be a aurplua in the treoaury, and acted on that idea. , .. He thought the dragging in of the old law on »hn sabject was ni®re 1 h‘*d ■ filRf- In reply to aqueatlon by Mr. Tat® m to the surplus, Mr. Abbott rep.;rd, there j no surplus in the treasury, and never wui iM, and no gentleman knows it t ® An the gentleman from Pickets. Th® money in the treasury is derived from taxes xor ipecifte purposes, and thare the powar oi taxation ends. , . Mr. Turner, of Troup, giUl the people of Georgia Indorsed the action of the lature aa to the building of the uew capi tol. There is no qaeitton the ax * pect to pay for the capitol, and th«f ex pected to be taxed for it, acd would in dorse the passage of the sp-cial tax act. Arnheiru, of Docgherty.in cy of juries, and never hesitated to risk any question with the jariea of hla country. I* «>. aiuun - have no prejudice against any railroad j to the condmou ot tbe treasury. corporation. I may be In error Legislature of l"! •PP r °P r !* ih* y judgment of the Issue between th® | acuool fund the money *11 roads and tbe people, but eo long as I ; inspection ember the oppressions and extortions j the treasury by •in* out of lb* lutirwr*. d 'I J ' u i3 . honored n .J.l’ion to th.i the ury had b«u drj’VtrO r luais can drive me from I by the failure of Butte Jepoaitoriee. ineaa r The am end meat aivaethel Items should be considered to ,(lroads alt they have eased. They are | the condition of our finance#. TD* capt- practlced by the’ railroad* before the crea tion of thia commission, neither corpora lion my position.' Tbe amendment flfiyae railroads all they have sated. They *•««? i *u« wumu«« v*» « U r .*•<——- allowed to fix their owe ratae subiect to i tol must be ballt an l It o»u»t be m-i oy reviaton by the coaimlaaion, and it there is I taxation. The deficit m the treasury complaint or diraatiafaction. then the right must be met. and m 1 11 uot h« bettor to of appeal ia given. In case toe bfiipassee j n.eet it now by taxation- iWETlJChD ON EU»UT3 fvtU-}