Weekly telegraph and messenger. (Macon, Ga.) 188?-1885, September 18, 1885, Image 6

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r, TOE TELEGRAPn AND MESSENGER: FRIDAY* SEPTEMBER 18, 1885. THE GENERAL ASSEMBLY. THREE DAYS PROCEEDINGS OF SENATE AND HOUSE. Discussion of the Railroad 8111 Continued in the Senate-able Addresses on Both sides—A New Amend* ment Proposed, Etc. Atlanta. Ga. , September 10.—The Senate met at 10 o'clock. A message was received from the House announcing the passage of certain bills, and the app'intmentof the House com* mlttee to investigate the use of the Western and Atlantic right of way by the Georgia Pacific. The consideration of the railroad com mission bill was resnroed. • Mr. ShtiQelri, of the Ninth, offered the following substitute for the amendment proposed yesterday by Mr McBride: Amend section 2 by striking out all after the word ‘concerned.” in the fourteenth line o( said section, and add the following: “Anv person, town, city or corporation affected by the ichednle of rates so estab lisbed, may, at any time, file with the rail* road romn’iip"ioners a petition in writing, in w’nich petition the grocnd of objections to end schedule ana rates shall be dis tinctly ept forth. If the ground of com plaint is that rate on any particular class of freight is unreasonable or nnjnat, said petition must set forth clearlv the rate charged by the railroad, and also the rate which the petitioner claims would be a just and reasonable charge. When such petition is made end filed with the Railrosd Corarois- fcion it thall be the duty of laid commission to cause a copy of said complaint to be served on said railroad company, or its agent, and give notice to both parties of the time ar.d place of the hearing, which (ball not he in le-s time than ten days from the tiin° service ie perfected. If at any time before the hearing the railroads snail so alter their rates in the matter complained of as to conform to the rates asked for by the petitioner, then no bearing shall be neces ary; bat the petition may be with drawn by consent of the parties. The commission shall have power to alter and amend the rates complained of whenever they shall Adjudge, after a full hearing, that the same are unreaionabls and unjaet, Atid »hall fit such rate as to them shall eg* m reesorable and jusf. And from the decision of the com- on the question qf male by the pleadings, either party may appeal to the Superior Court, under the same rates and regulation, a, to the manner ot appealing aa now provided by Jaw in case of appeal from that oort of Or dinary ; and said 8nperior Court shall hear and determine inch casi s under the same mtea amt rr eolation a, are now prescribed bylaw f.ir hearing realty | CMee In »aid conrt-.th.t - aid cidses shell have pre- ccdenre nl all other causes on the docket, and Shall !>* heard and determined at the jirat term, unless continued lor providen tial came. 1’enblnt the appeal, Ihe rate adjudged by the commission to be reason able and jnat, shall be the lent rate, and the railroad companiesaball be subject to all the penalties provided In section 711) (I) and (J) ol the code, wh.n they (hall Charlie blither ratea than the ratea eo died mi-tlon pending tba appeal Jn made under this ssctlon by t all . . den o( proot shall be on the rail road the presumption, ol law being that the tnmiii"-Inn ratea are right ano just. The rate adjudged to be the lost rate by the commistnn .ball remain ol lores until set aside by the courts. Bat the commission shall havo i o power or jurisdiction to al ter change or in any way interfere with rates made by the railruadt, except on com plait.ts made Sled and heard as abort set forth, and then only aa to snob qnea lions as are niadeand put In Issue by plead- *" Mr. Hantrln, ol the Forty-third, contin ued Ins argument, suspended yraterdsy by adj moment. He said he would con iine l.miat It to the MrBrlde amendment, which t.e regarded tha main question now before the Henats. He thought the amendnien. wnntd prove a better and ep-.dier remedy thanthatprop aedhythe bill, aid .ill inuegurateamow simple ays- ten.. The decision In sny case would only settle that pis’tlcnlar esse— the case on ep- peal. It will be Impossible to establish si c i i rmenent fixed rate or tariff. M r. Shi (Held explained tb* dillerence ol methnl prep-sed between hla amendment ■ml He McBride amendment, and urged its adop'ion. Mr Aden,ol the Twenty.filtb, wee op- po-ed to anv legislation on tha subject He w.s i t- iliem champion ot tbellallroad Commission nnran enemy of the railroads, but he thought the lawagcod on* and ought to stand. If there should be any change, lie wonld prefer to vote for the bill as proposed to be amended bv Ur, Uc- Bride. The recordt in the office of the the C-ininiirs’nn of their acta and doings are the rer .rda by which they moat stand or fall. II the law has been an experi ment there ebonld be no baste to change it w hile it ieworkiog good for Ihe public Interest. As for the rtght of appeal, be claimed th*v already the commission 'a awfti-1 nhl* to three power*—1st, the Governor; 2.1 the legislature;31 theooar't. Th- ot jec* of Henators advocating the bill Hvir ualty *oahoiihthe commission —to iitke nw»y their powers till the 0->m« miN«ton would amount to nothirg. Ini addition to that they purpose, by abolith| iiiv- the commission or abridging its pur er* even teke away the common law ren.eftv. There hss never been any com. pleim where the ratlroa<*e have not been wrong and that the earnings were only about 1119 ner cent, on the capital stock. M. Allen did not know that. From the reply of the commissioners made to Mr. Raoul, it was clearly shown • bat the fig ures of Mr. Raoul were wrong, and that the net earnings were as first stated ny the commissioners. Mr. Allen read a number of extracts from that reply. In reply to the complaint that the com mission is driving capital oat of the State, and that no railroads are being bull*, be read from the Railway Age. showing that Georgia was seventh ont of twenty-five States in railroad building, the first six months ot 1895, flfty-ihree mile* of rjad being built. Farther, that during the five years nreceding the commission leas than 100 miles of rrlroad track was laid. In the five years since the establishment of the commission over 000 miles of road has been batlv, and more of the stock of rail roads taken by foreign capital at a higher rate than anv other five years in the his tory of the Bta*e. He charged that if any foreign capital has been kept out cf the State l* has been due to the business de pression and not to the commission. He said the railroads threaten that if tbia bill did not pass, or some relief be given, they would join the Republican party, ally themselves with the negroes, and get control of the machinery of the State, and then do what they pleased. He referred to such a statement as having been made by Mr. Maddox ol the Forty- second. Mr. Maddox rose to say that he said no such thing. Mr. A'len said he understood him to make r.bstantia'ly that statement, and certainly that he apprehended the coming about ot such a condition of things. Mr. Colley, of the Twenty-nimh, chair man cf the committee reporting the sub stitute, thought the bill ought to be con sidered fairly and impartially. There is no doubt there are grave defects in the law which ought to be remedied. The 8enator from the Twenty fifth had said he wanted the law to stand aa it la. in apife of the frequent recommendations by the commission itself that there ought to be some Irgislation on the subject, and in ■pite of th* opinion of neariy every one who has Inveaiieated the question. The commission is under no cbecka and has no limitation to its powers, and la more auto matic and arbitrary than the Czar of Rus sia. There ia no ippe«l from its decision, in spite of the claim made by the oppo nents of the bill. Neither appeal to the Governor, to the Leglnatnre or to the courts. Thay cannot be brought before the Legislature except for removal by im peachment, and Senators who were here in 1878-70 know the coat, the delay and the f reat difficulty of that mode of procedure, n reply to Mr. Allen, who contended that the commission had not in- jilted the railroads. Mr. Colley as serted that the commlss'on had in flicted the direst irjuriea to railroads in Georgia. The commission have repeated on tb® condition of railroads without ever examining or inspecting them, and after positive]? MfOJl"* todu so. He explained ia detail what lh-» tali' road officials were forced to do in examin ing the road, the varions property, the hosines" ol every office, before they (vw*'£ nuke Op their ret' mt , hnl . hire is a com mission ronpoeed of three gentlemen who can sit In their office here end make np the only true and rellab'e report of the condi tion of the railroads of Geotgfa. Hesbow- ed tha Injury done to railroad enterprise by enumerating the enterprises which have been stopped and abandoned by the operation ot the commission Pending Mr. Colley’s argument, the boar of adjournment arrived, and tj>e Senate adjourned to 3:30 p. m. AFTERNOON SISilOX. Mr. Colley continued bis argument on the Railroad Commission bill. He press ed the line that the comtuladon, as It now Is, menses, all railroad development and makes Impossible or impractio.tde the many enterprises now contemplated by the people of Georgia. He added to the Hat which he •ubmltted this morning II. attacked the arstem of figures adopted by Mr. Allen, ol the Twenty fifth, tote morn ing, In getting at the Income of rallroade. He claimed tnat the sums spent In actual and necessary lmp'ovemtnt should not be Included ia the estimate ol ne> earnings. We want good roads and want tbaru kept Id good condition. This Item of improve- meats Is entirely Ignor-d la the tabular statement made by the commission, on which the opponents of the otll seemed to rely. He was to favor of the Railroad Com mission, bat hs did not want Ibat commit •Ion so have absolute and arbitrary con trol of the Immense railroad property of this State. While he favored the commis sion operated under wholranme r.sirtc Hone, he would teener tea It abolished out right than remain as It is. In reply to the Senator from the Twenty- fifth, who reflected upon the good faltn of tne sub-committee on railroads, be review ed the appointment of the committee, the Invitation to the com t itt.e to join in the Investigation, their rrlaral and detailed the further oonduot of the committee until the work was finished, which showed tne com mittee to have been conscten'loaa and sin cere, as well at lalthlnl and earnest In the dlscli uge of Its duties. He hoped the time wonld come when onr State folly developed, when there wool-1 be a net work of railroads over th. Bute, and the sound of the steam whistle be beard over ila length and breadth. H. therefore earnestly hoped the bill would pe.e, Mr, Glenn, of Ihe Forty-fourth, opposed the adoption of the amendment, as not on>y detrimental to the commission, bat unconstitutional. The commission was not intended to boa con-t and the courts have refused to taka cognizance of any matter* growing out ofli. 11 is In the na ture of a legislative body, with powersdel- egated by the General Assembly. Ha read from tha eonitltatkm to ehuw that the Legielatar* had full power oyer tha mat ters invotyed, and these powers, legislative, have been delegated to legal points submitted by him. He desired | law proposed by the bill—the only change to make no nllectlone outlie present com- sought to be made is to require tneappli- mlsslun, but In answer to the list of cases cant for license to get the written content cited by Mr, Allen. When the commie- j of the nearest five landowners to the place sion, on the application of the railroads, of business One main object of the bill is Mr Metidr x Interrupted tosav that he denied ihat -tatement fra toto. There have been r umeroua complaint* on that very que.tmn; ih-ie bed been complaint by the railroads on that matter, else this bill| would in- r haveb*»n Introduc'd Mr. .V i.o said be spoks from the facts as e ven to h-m, and he was ready to furnish hie au't-oritv. He further said tba there- I ort the railroad committee was not an- tiiltd Ol modi comideratlon. They never visl-td I lie office of tbt commission; never nought iiilnriiiailoo there, but on tb. con Ir., v t rav-lctl over tb. various railroads at tti -'ni - of tw.aty five mile* an hour, and in.-le ' '■ parte iuvt s'lgttion, which they were not noiborzed to do. He did not In in ,1 at v rtflectlon on tba committee, Mr i»i gsMsald be nndetttood that It was intended ae a nflectionon the com- til 1 o re, a t-t 1PUt him on notice that It would piled to. Mr. AI *-n said he expected It would bo -eplietl to. He wanted a reply In order Hint the lullfactaof the matter might be i.r night nut, so that the Heoat* could act Inn 1-g-nOy on tb. bill. He aaterted that frt.in-1.'ty the commlealoo bad granted ihe si i- icatlone ol railroads for advance of rails, riii eomml-ilon is not arbitrary. More than or.ee it baa allowed tha railroads an t -liipr-ere to fix their own ratea and eati-tied on-in. In reply to she cry that the rail roads would bankrupt If the law la ati-iwt-l to aland as It now le, and Ihst they are not making money, Mr. Allen read from tba report of tbei.'entrel rat;,, -d oiisyear,or fo July, showing that the net earnings had larg-ly Increased. 11-readt'lefigurta from tu*report.aubk be Cimmlstfoo. He read tha r- i,.,i ta of the West Point as wall as Urn Cm - rai railroad, for tha fiys yeara,ot th. Uiwuteifcm showing a Urge tDcreaao' tti** m-i mrniDfif of three roads. Mr, F.iilgant interrupted him to say o - -tatement of Commlaaloner W .1 see me net earnings of tbe Central for the Sie year* bad been reduced over ttOO,- He read tb. (UtenMot forMChof they- us named, and th* complaint la tnat il o.e r-duetioo la combined it will n< •< be- oog before tha road Is bankrupt*]. Mr. AI Ol claimed that tba daeraaaa waa doe sa tb* general depression in btuinass. W:.rn all Ot ,er kinds of bniinen were <te- pre-re,!. It could not be expected that the railroads wnaldlMpeoiparoae. Now there H . r-r va: i s busings.,and It oagbtnot to be chirk-1 bv a restoration of axtor- ti-r.a rat/» H» said that tb. figoiee of Mr. We elbowed tbat th* net cerclage olthed. t ralreVroed were 10K per cant. Mr.Faillgat.'. repl ed asking HheSenator did not know that Mr. It soul bad showed fhat Maj m Wallace's figures wire entirely advanced tbe ratea on classes C, I) and P, did they not merely advance to just and reasonable rates, when tbev were before unjust and unreasonable? He stated that tbe railroads bad reduced the original rates on G, D and Fgto enaole tbe Weitern lines to compete with the lines running East durlciv a great railroad war, aud not that the redaction was just or reasonable. The commission took advantage ot that redaction so made and came In and estab lished the redaction as a just and reasons- b'e rate. From that poinion tbe commis sion was forced to recede, and so the •dvancs referred to was granted. Tbe speech made by Mr. Allen, of the Twcoty-llfth, was limply a recapitulation of the letters pnblUbed by Major Wallice, which were crusbmgly replied to by Pres! dent Rsonl, of OieOutrai railroad system. The argument of Mr. Allen was not a fair one, being based en drily upon statistics aud excerpts I rom only one side lor- ply to the claim that the condition of the railroads was the result of business depression, and not due to the commlasfon, be showed that the ton nage had largely Increased, the business ol tbe roads bad largely increased, but the rates had been greatly reduced, and ihe legitimate income cut down. He referred to the sfngolar fact that the commission direct, all of Its strength against the Cen tral railroad system—and Major Wallace has poured out all (he vials of his wrath against the Central. But on every paint where he has beee'met by Presld-nt Raoul be has been forced lo go down before bis unanswerable replies. He quoted from the figures given by Major Wallace and showed how un reliable and Inaccurate they are. Mr. Rankin inqnired if he understood the Senator from the First to say that he bad Ihe letter from the chairman of the commission declining, the Invitation to participate in the Invrat'giUon to be made by tbe suh-commlttee. Mr. F.lllgant—''Yes, I have tbe letter " Mr. Rankin—"Was a reason given for declaring?’’ Mr. Falllgant—“Yes, I have the letter, and will read it.” The letter was read. Mr. Rankin askedwho paid tor the ex penses of lnvestigitlon into the system of bookkeeping and the condition of tbe Central railroad. Mr Falllgant stated that when the com mittee had selected an expert, one of tbe roost distinguished in the country, the Central railroad, through President Raoul, notified the committee that they desired and would gladly pay the exp-nses ol that investigation. Mr. Rsonl mrnished tbe money which was by him (Mr. Falligant) paid to tbe expert. 4, Mr. Rankin stated that his motive itrask- ing the question was not to Impute any wrong to the committee in that transac tion, because he thought it right and proper, and approved ol it, but he desired Information of tbe fact, because another committee bad been sever* 1 '’ ort loieed for doing the same thing. Hr. FalHfitnt rrpiieil !•>** <•'<> not «h- ct to the question. He tiptcltd It Would s made, and had rooked for it earlier, and bad been ready to answer It. Mr Cahaoiss said the Senator from the Fortv-thlrd had been in the earns boat on another committee. . Mr. Falllgant reviewed the If-Sel argu ments made by the opposition, and replied to them in detail. He explain ed tie effect the pasasge of the hill would have on the powers and dntles ol the com mission. He believed It would correct all defects in tbe law, and wonld remove from it alt the real or Imsginary leg'sl -live end constitutional questions affecting the com mission. Bat It tbe •menrtmetit ottered by Mr. McBride was adoptid, It would leave the law practically where it le now. Pending tbe argument of Mr. Falllgant tbe Senate adjourned. BOUII. The House met and called to order by the Speaker, and opened with prayer by the chaplain. M r. Braudt, at the evening session. In troduced a bill amendlrg section 719(e) of tha code making the eelary ol railroad comml-alonera $1,000 per annum. The bill relative to tax asattaors was made the order tor the lfirtr lna ant. Tbe unfinished hnslueea of yeaterday.be- inga tha c-inslder-tloo of tbe Util appruprf- atlng $2,000 annually for inanrl- g huil-l leg of tbe State University, and $9001) for repairing tba bultdlngaot the tame, waa taken up, aud the Houae went into e-m- raittee n( tbe whole, Mr. Rusaell, of Har ris, in the chair. Messrs. Calvin and Perry favored and Mr. Hall opposed the bill. Mr. Ba'lard a amendment striking ont tbe annnal appropriation of $2,000 waa adopted by yeaa 80, nays 29, Mr. Adderton's amendment striking ont $3 con and Inierdng $2,900 waa adopted by jeaa 02, uavs 90 Messrs. Bartlett, Boyd and Russell, ot Clarke, favored tba psssage ol tha bill. Mr. Harris moved tnat the committee rite and recommend that it do pass. Mr. Hines otlecelas a aabstltute that It do not psss, and sustained bis motion in an earnest manner. Mr. Harrell, ot Webster, favored the mo tlon, aud fn doing so made a personal ex planation aa to hla record during tbe deya of reconatruetlon that he supposed to be Impugned in tbe remarks ol Mr. McLen don on yesterday. Meiers. Hart Harrison end McLendon onposed tbe motion. Mr. McLendon ex plained bis speech of yea ter day. Tbe motion was lost. Mr. Harrle'a motion lo recommend I'a passage was adopted by yeas 70, nays 30 ihe commission. Under tha constitution it ia the duly of the Legislature to make these rate*, to regulate lb* tariff of rail roads, so as to prevent unjust discrimina tions, o* to ref-r the matter ro a commis sion gly log It tha proper and neoesaary powers. Ths commission hss been Mtab fished, and It would be unconstitutional to allow an appeal from lit decision to tba courts, and It would be wroeg to do so o general principles. Mr. Glenn bald that-.. would bw wrong to appeal from tbe decia ton of the threw exp-iienctd commiistoo eie. skilled id the matters concerned, toons judge, who know* nothing ot such railroad matters, and who art not required to be familiar with them. He hoped the powers of ths commission would not be cut off, aud he believed tne law was Impregnable, and would not be disturbed by the Legis lature. If the oommlutooera have be come partisan, partisan In favor ol tba people aa against tba railroads, then an appeal ought to be made to tbe Governor, to tb* Legislature, to have them removed. No better > caaon would be n ipilred by the Governor, no better reason Wanted by the Legislature, lo remove them Irani the of- fice. Mi-. Gleon raised tbe point in bis ar gument that tha ’Tittle •ub-eommluee" was iaformally sent ont to settle a diipme between Preeideot Raoul and Major Wal lace, aud waa not appointed by U>« Leglt- lature. Mr. Colley corrected Mr. Glenn on that point by reading ft om the Senate jontnal of tbe winter aesaion, In which the report of tbe general railroad committee ap pointing tha tab-committee was adopted and endorsed. Mr. Glenn yielded tbe point, bat etUl held that It wags "little committee," became It made an exparte Investigation. He read from tba Tilley ease, quoting from tbw decision of Judea Woods,that tbe delegation to tbe commia- •ion of tbe powen to fix and regulate ratea and Ire’gbt tariffs waa not Inconsistent with the constitution of tba United Biatea nor the couetitutton of the Bute of Geor gia. He thought if tbe amendment was adopted or the bill, that we might as will abolish the commission. He hoped tha amendment would not be adopted. Ihe chair ruled that tbe only question before tb* Senate waa tb* amendment of fered by Mr. McBrfda. Tb* amende ent offered by Mr. Sheffield would not be con- side red until the first had bees dlepoiad of. Mr. Falllgant said be desired to reply to aosne of tne argument* mid* on th* ■ “ * “ * ’ vote wet that often vll'ages and towns will exclude whisky from their limits, and persons en- giged In the bu-inc-s will Just go oatatde and establish the nuisance, t hese parlies ought to be compelled to get the consent of the land owners lnteres'ed. M r. Falllgant stated that until this morn ing he thonght it nedrrstood that the bill did not tppy to Incorporat'd towns. Tnat wonld be a grave objection. He had not desired to say aoy thing against tbebill.aod would not now tfthebillwaeso amended as not to apply to Incorporated t iwne and vil lages. Mr. Nortbsn said he wonld accept such an amendment, which was then ot. fered. Mr. Northen proposed farther ta amend by t'riking om ' five of the nearest land owners ” aud Insert "ten of tbe nearest bo no fide residents, five of orhnm shall he land-owners." The amendments ss pro- poied were adopted end the bill pasted. The rules were suspended f- r the purpose of taking no and patting nn Its passage the general reglstra ion bill. Tba bill bad been previously acted npon adversely by tbe Benito and reconsidered. The bill was retd. Mr. Allen, ol the Twenty-fifth, asked leave to withdraw an amendment offered by him requiring the regletretlon law to be recommended by one grand jury before It •hall become opera'ire in any county. Leave was granted aud the amendment was wit- drawn. Mr. McBride proposed to amend by add ing a new section providing that the law shall not become operative In any connty until recommended by two successive grand juries. The amendment was adopted, Mr. Rsy, of the Thirty-sixth, opposed the pas-age of tbe bill. He bad opposed it when it was first c nsldered in the Sen ate, and he was more earneat'y opposed to tbe bill now. He tnougbt it was a ruinous bill. He opposed it on the ground of tbe expense ol compensating tha registrars and tbe cost of registration books in the various counties. He made an eittmate of the cost over tbe State, aggregating over $20,090. Mr Northen asked if he didn’t think the bill sufficiently guarded by leaving it to two aucceisive grand jnries. Mr. Rsy replied tbat tbe bill is unwise, and tbe matter ought not to be left to grand juries. Mr. Allen asked if theSeuatorknew how much the State lost annually in the non payment of taxes by the lack of a proper registration law. Mr. Rsy answered tbat be did not think the Stale lost a great deal, and would not gtin a great deal by tbe establishment of ibis law. He nrgid, fnrtber, tbat there was objection to tbe bill in tbe matter of certificates of registration. Ia tha careless haodlir g of papers these certificates would beear-ily lost. Mr Cabaniss asked the Senatorlf he had read th« bill. Air. Ray raid he had. Mr. Cabaniss referred to the provision fn the bill covering the point made providing (or duplicates. Mr. Ray thought It did not remove the objection. Mr. Rdiseil, of the Eigitb, thought at first he wou-d favor tbe bill with certain amendments, but on nflectlon he could cotapppnt It. He objected to tb* Co t it would impose on hit own county, and gave an estimate of the coat. He thought there waa no necessity for it. Onr rleciio s re salted well enoagh. He looked arou d npon tbe Senate aud raw so many good men and true sent here by the people to reprrs-nt th-m tbat he was compelled to say tbat tbe present system operated well enough. Mr. Davidson, as a member of two com mittees to whom the bill had been re- erred, explained the porltlon of tbe bdl and reviewed Its history. The R resent measure had been recommended y these committees, alter very care- (oily investigating tne whole qneitlon, ths necessity for such Irgislation and the beat system ihat conlil be devised. In re- y to the opinion rxpre-eed by one of tb* •natore that grand jonei w*ra net com petent or fit to determine whether tbe law •bah become operative in any county, be paid a blgh tribute t • the grand jnrlee.thelr uprightnees and tntelligenoe.tbe Important questions and publlo lutereata that the law lu-poe-i upon them, and thought notbing could be ttjore fit and appropriate theu tbat the matter should be submitted to the grand juries of tbe State. Atier ihe Senate returned (tom tbe joint session Mr Russell, ol the eighth, re sumed hla argument nn the pending bill, bat concluded without going into any ex tended oontidaratlon ot It. Sir. D«y, ot the Forty.flrit, called tbe previous question, which prevailed. The bill oassed by a vote of yeaa 28. naytO Mr Rtnkln, chairman of the commit tee on corporations, Mr. Colley, chairmen of tbe committee on railroads. Sir. Falll- ganl, chairman of tbe •pedal judiciary, and Mr. Smith, of the Thirtieth, atl sab mined reports. Under a eusoenslon of tbe rules, Mr. Dav'daon. ot tha Eighteenth, Introduced a bill providing for the payment of tbe ex penses of Judges of tbe Superior Court, when holding court outside of tbelr own circuit. Tbe Senate adjourned to 4 p. m. Tbe Senate met at 4 p. m., ar.o was oo- cnpled until adjonrument In reading House bills the first end second times Tne pre-ident announced as the Senate committee to investigate the nse of the right of way of tbe Western and Atlantic railroad by tbe Georgia Pacific, Messrs. Colley, Cabaniss, Lewis and Glenn, AFTEB300N SESSION. The House met at 3 p m. Mr. Berner, of Monroe, was called to the f'liii'r end nre-i.le i \--ry u-■. . filly au,| efficiently duriug the afternoon eeisioo. Mr. Gcutln, ot Bibb, moved to make tbe bill providing for calling a comtitmtonal convention the general order for Tuesday next, whtcb prevailed. Tba following )■ cal bills were paesed: A bill requiring the rrg'atratlon of voters In Tellatr county. A bill amending tbe charter of Forsyth. A bill amending an act oreating commis sioners In Monroe county. A bill providing for is uing bonds to bnlld a court home I.. Worth conuty. , A bill to abolish the board of commis sioners in Echols coubty. A bill authorizing tbe authorities ot Waynesboro to collect a tax of four-tenths of one per cent. A bit prescribing the mode of electing commissioners of the Waynesboro Acad emy. a bill providing for the registration ot voters in Appling ocuuty. A hill abolishing the board of commis sioners of Appllrg connty. A bill providing for tbe working of roads in Bryan connty. A bill amending the charter of Qn't- man. A bill incorporating Roopville In Carroll county. A bill authorizing the county ol Chat ham to issue bonds to the amount of $50,- 000 for tbe propose of enlarging and tm- pruvirg.the coirthoute. Before passage this bill was amended by striking ouz a ••ctlon exempting thes'e bonds from S-ate, conniy and municipal fixation, and tbe section authorizing guardians, executors and trustees to Invest trust funds these bonds. A bill authorizing the mayor and aider- men ot Savannah to allow tbe Cotton Exchange to bntld a bndge or arch over tbe step at the foot of Drayton street. A bid to incorporate the Savannah Dredging Company. Adjourned. The committee rose and reported back tbe bill with the recommendation that It pa-e as amended. Mr. Uarrisnn moved to table. Lost by yeas 30. nay* 62 Mr. Harrl*. chairman of the finance committee, closed ihe debate, favoring tba passage of tbe bill. Tbe Dill puaed by sees 90, nays SO Undarauspemlon ol tba rates Mr. Butt, cf Marion, introduced a bill amending tec tlon 3937 of the code. Tb* committee on tbe cart of the Home on tb* status of business and adjournment are Nwirz Goalin, Hart, Ballard, Boyd and fbaytr. Tbe bill to p-ovide means far tbe com pletion of the new caph-it by l«v> log a spe cial tax of one ball mill waa taken up. Meters. Evrreit, Eiaon and Harris fa vored tbe paaisge of tbe bll In earnest speeches, Th* bill passed by yeas 100, naya 37. The House adjourned until 3 p. m. arraaaoox staaiox. The House met at 3 p. m. The bill to makeoperatlvetheS'ttegtotoglcal bureau end to continue the State anrvey was taken up as tba special order. Tbe bill was un favorably reported. The nport was •greed to and the bill loet- Under a suspension of tbe rules Mr. Frenkliu, o! Bullo ik. Introduced a bill to provide compensation (or election man agers and clerk* lo Bu'lock county. Tne following local Mils were passed: Incorporating tba Guarantee ar-d Safa De- B elt Company of Aleuts, incorporating arble City. Requiring tba registration of voters In Mutcoge* county. Adjourned. Atuxta. September 11.—^The Senate met at 10 o'clock. The unfinished business, th* railroad commission bill, waa taken up. Mr. Maddox stated tbat the bill waa one of gnat interest, end • number ot Senators who were absent d-tired to make argu ment on it. He tbere'or* moved to dis place tb* special order and make the bill tha special order for Wednesday next Tbe motion prevailed. Tbe special order fixed for to-day was a bill te change tbe menner of granting licenses forth, sale of spirituous liquors, as provided in eectlou 1419 of the coda Tb* unendment provide* that any appli cant for a license most make written peti tion to the ordinary, signed by five of tba near let land-owners to tba locality whirs be proposes to do ballasts, and enter Into bond with rood security In tb* snm o< $000 taken. Tb* Senator from Ihe Twenty- tbat be will keep an orderly bon**, end fifth bad embraced tb* whole bill fn U* I obey tb* lew. The bill wee reported fa- dlamuiloo Instead of confining blmitff to I roreblr by tba eommltta* with tba a mend- lb* pending amendment. Hs desired to I ment, "Imepectfrecf county lines ” make some reply to tb* figure*, endl Mr, Northen explained tbeebange of the HOUSE. Mr. Watkins, of G finer, mored lo re consider tha bill to levy an additional tax of one-half mill to complete the capitol. Tabled. Mr. Ballard moved to reconsider tbe ac tlon on the bill making operative tbe 8tate geological department, wbicb prevailed. Tbe Mil to ene mrega search for phos phate rock and phosphattc beds was taken from the table, amended and passed by yeaa 100, nays 0. SOU INTRODUCED. Mr. Herndon—Conferring power and au thority on coroners to commit witnccua to jell In certain scare Mr. Rubbe—Pioridlngfor the payment of th* Interest on certain endorsed Honda of the U>con and Broncwlck railroad. Mr. Hartridee—Aotborislng and em powering municipal corporations to fsane eifcottons for debt due or to become dne to said corporation for taxes. Mr. Ray bon—Prohibiting tbe burnlDg of woods. EDCCATIOXAL TAX. Tba general order being tba bill to levy a tax of o-edentb of one cent for tbe * ip- ? ut of common school! was taken tip. he committee on education reported ad verse to it* passage. A minor! y of ihe committee reported In favor of tbe ptseige of * subs tl tnte levying one- tenth ot one per cent., appropriating one-sixth to tbe State University and branch colleges and five- •Ixth to the common ecboola of tha State. The snbetltote waa advocated by Meetre. Boyd. Brandt. 8need and Wilson, of Cam- dan. and opposed by Jleisrt. Calvin, Uard- ner iml Lonvy. Mr. Lumpkin moved ts recommit to tbe committee on adoration, which prevailed by yeaa 67, nays 49. CONSTrrUTIOXAL COETirriOE, Tba general order being th* bill to pro vide for holding a constl-ntional conven tion, was Uken np, and th* House went Into eommttte* of tb* whole, Mr. Brown in ths chair. Mr. Ouiffn offered an amendment to aM- tlon 1 tbat the question of holding the convention be submitted to the general election to be held In Oetober, 1836. The committee race and reported prog- nee. etui rAsian. Creating* board of commissioner*in Hancock connty. Yeaa 16, nays 1. Mr. Brown—For tb* relief of W. J. Almao, former tax collector of Heard coonty. Mr. Veaxey—Tbat no stupeniion of th* rale* shall be entert ained until referred to a special committee of five. That no ree- Matfoot Inviting gentlemen to seal* shall be allowed until filed for two deya: that no member be allowed to speak longer than fifteen mlnntee, except by nneci- mons consent. Referred to the committee on rules. GOVERNOR WDANIEL REBUKED. JimOICLAKE, WHOM HZ RrJCCTID FOS IN' COMPETENCY, 1LICTED BY TBE LEGISLA TURE JDD»E OF THE NEW STONE MOUNTAIN CIECCIT. Teleoraph BusEAtr, 17)4 Peachtree St., Atlanta, September 1L18SS, The General Assembly met in tbe hall of tha House of Representatives at noon to day, for tbe pnrpose of electing a judge and a solicitor-general for tbe new ju-iiclal circuit, known as the Stone Mountain cir cuit. When the President of the Senate rapped with his gavel, calling the session order, it was evident from the orowded floor and the packed gallerlrs, that tha oc casion was one o' some public interest, fhe teaolntion provloing for the joint ses sion was read from ths clerk’s desk, and the President annonneed that nominations were in order for judge of tbe Stone Moun tain circa,t. Mr. A'excnder, of Thomas, placed In nomination tbe name of Hoo. Richard H. Clark. ’ Th« nomination was atconded by ReprrssnUtlVM Bjeretl and Harrell (of Decatur) and Senator Davidson, Mr Ellis, of Fulton, placed in nomina tion the name of Hon. W. I. Heyward, which was seconded by Representatives Russell ot Harris. Flint ot Spalding, and Senators Colley and Fall'gsnt. Mr Bond, nf I)< Kalb, placed in nomina tion Hon. L J. Wtun, seconded by Repre sentatives Harrell of Webster, Lolley ot MReon, and Senators Brown and Tigner. On tbe first ba'lnt the vote resulted: Heyward 83, Clerk 64. Winn 42. Aa 96 votes were necr s-ary for a choice, tbe President declared there was noelec- tlon, and ordered a new ballot Thesec-ind ballot resulted: Heyward 83. Clare 72 Wtnn 33. Before tb* result was announced severs' memhere asked leave to change their vntca. Mr. Harrell, nf Webster, ro-e to a point of order, and read rule 6 trom tbe manual of rules for tbs joint session, tbat wfie tbe vote ol a member le record’d it .shall not be changed unless the member states In his place that be voted by mistake or that bis vote was not rsenrded correctly, Thecbafr ruled the point will Uken and ordered the vote announced aa origi nally recorded. Mr. Bond, of DeKalb, withdrew tbe name of H-m. L J. Winn, and seconded 'he n-immatton of Judge Clark. This movement was warmly sp.-landed. Tbe t>-lrd ballot resulted, Heyward 82 Clerk 103. Nlnty-ihree votes wars necessary to e choice and when Judes Clerk's vote passed tbat point, tba applanse became general. Tbe president announc'd Hon. Richard H. Clarkedulyeleoted Judge of the B one Mountain efrentt for the tarmot two years as prescribed in th* act. roa aoucreo* general Senator Brown ulse-d In nomination for •ollcltor-geutral Hon. H. C. Jons*, ol Ds- Kalb. Tbe nomination was seconded by R*p resentaiivcs Lamar (of Pulaski) and Mid dlehrnoka. Senator Tigner placed in nomination Hon, J, D. Spence, ol Clayton seconded by Senator Rt? and Representative Cl-iv Tha vote !C-tilted: Jones 96 Spence 87 Hon. H. C. Jones was declared duly elected solicitor gens ret of tbe Sum* Moan tain circuit, and, on ni> tlon of Mr. Herat ion, of Qqlunao, tbe joint session was dis solved. THE OOVIENOl EIICEED. Ont of tha first official acta of Governor McDaniel was to remove Judge Clark from the bench of the City Cou-t of Atlanta, which he had graced to long and accepts bly. Tbenaa-m alleg'd hv the Governor then for not reapuotnUng Judge Clark was his "locov)patency." Judge Clark ia conceded one ol the flneat lawyets in the State, an abU jurist, a ripe •eholar and a gentleman whose character for nprtgbtneaa and ioteerity la above re proach Tha slight p ace npon Judge dark was than resents, by the lottlllaence and eensa of jastioa nf tbe State, and the General Assembly of Georgia, In bis alee- tlon as judge of a much higher court, i judicial circuit of tbe8tste. has fillv and hooonby done Jntilc* ro Judge Clark, •Iven him a distinguished indorsement and adminlatersd an unu. lstakable rebuke on the G ive nor. Jadge Clark baa, since his election, re ceived a round of coogratulstioua, which he has red feed modestly. A Mail, asset assisted. For several years Rudolph Denlcka, postal clerk on to* roots between Atlanta and Savannah, has been suspected of ri fllog mail matter. He Is one of tb* oldest agents In tb* eervlce, having served fifteen years, and Is ona nf the.aharpest Ha baa until now avoided all traps sat for him. He has lately been rifling nearly all money packages. Tbe inspector in charge, Ur. Booth, detailed Inspector! Whitesides. Hancock (brother to Gen. W. 8. Hancock; and Dollar to work np tba case. They pul In, nlgut before Iasi, decoy lettere to Na g Orleans. Pittsburg, Cleveland, Philadel phia, New York, and one to tba Tils- naaru and Itmaaou, Macon. To-dsy.at Barueaville, special agents Hancock and Dozier got on tba car and examined the mail and especially those lettere, and found them all riflad. They arrested him In tha car. He appeared cool and said be wonld meet the charges at his trial. When the Central train cams In to-night it waa met by Agents Whitesides and Booth, Mr. Qliaseock, of tha Southern railway mall servlet, Post master Wilson and Assistant Postmaster Woodward. The rifled letter! were closely examined and showed conclusively tbat they bad been tampered with. D-nlcke Is in charge of Deputy Marshal Lock* to night, and will be carried to Macon to morrow. Th* four special agents will go with tb* marshal and bis prisoner, nil oaoaniA metric lavamoanoa. Senator Colquitt and Oeneral Gordon are not over me Georg's Paetfie Investiga tion, and had themselves ir.terviswc 1 this afternoon. It ts understood they make ont a weak csee, but wilt appeal for vindica tion. Tbera 1a a vigorous sflort being mad* lo eufls tba investigation, or to fix t; eo a* to ns* Um whitewash freely. Tola wiU not be possible II the investigation eommltta* do their duty. Atlanta, September 12—Tbe Senate waa not in session to day. The House was called to ord«r bv the Speaker, and opened with prayer by r-d> resentative Durden. Mr. Word efl'red n resolution to adj liirr. line die on the 25 h, which waa referred to tbe committeo on adjournment, e. BILLS PASSED. Providing for registration of voters in Sumter county. Year 01, naysO. Providing for regirtradon of voters In Spalding county. Was 91, uaya 0. locorporti ig tbe Culnuibue aud North ern Railway C- rapany, from Colnmuua lo Rome. Yeap 01. nays 3. BILLS INTBODUCED. Mr. Gresham, amending jparsgraph 1, section 9, article 3 of tne coust-tutiou, making ia a-y of members of ihe Gsneral Assembly $350 per annum, and of Speaker and Prestdeut $500 per annum, for the term of two years. „ Mr. Tate, granting to the Marietta and North Georgia railroad tbe r'gbt to use tbe right ol way of the Western aud Atlantic rsi'road to construct a track from Mariet ta to Marble Mills, a distance ot one and a half miles. Also, Incorporating ths Gainesville and Western railroad, Irotn Marietta to D.ih- lonega. Mr. Turner, of Coweta—Amending sec tion 3 of the code. House and Senate bills favorably re; ort- ed on were read the second time. The passageaf the bill to provide for the regts'ratlon ot TOters in Sumter county is due to the energy and persistence ol Mr. Adderton, who ts an old and experienced legislator and always alive to Ihe interests of his people. The bill was called np out ol Its order and passed without a dissent ing voice. Mr, Adderton is always In bis seat. , Hpn. W. A. Turner, of Coweta, Is again In bis seat, convalescent from bis recent sickness. Mr. Humphries introduced a resolu tion that when tbe House adjourns it adjourn until Monday, 9 a. m., which was adopted. DISAOBEED TO. ThejHouse took npand disagreed to the adrarse report of too committee on tho bill declaring the relative rights to in heritance of estates between husband and wife, by yeas 44, nays 53, and the bill advanced on the calendar lor a third reading. On motion of Sir. Alexander the Honse adjourned until 9 a, m. Monday by yeas 68, nays 33. TH They Will Do It. BeaGItlComipondenceol Philadelphia Newi. A kiss cams near costing a young Phila delphia girl her life one afternoon this week. She weDt to the station to tee tome •rtends off. Just aa tbe train was starting she kissed ote of her friends who was leaning out of the window. While per- foimiiig th® oiculatory feat her bat fell off and roiled near the wheels. 'Jh® young lady stcoped and picked it up. As she did so her head came in contact with the lower tti*p at tb« rear end of tne car. 8he wa3 thrown to tbe gronnd aud came near being drawn under th» wheels. 8be was luckily •natcln i away in$t in time. It was a very c.oae call. 1 SELF-RAISING (j) Bread “reparation. THE HEAtHFUL AND NUTRITIOUS Baking Powder! restores to tho flour tho strengtli-givin- phosphates that are removed with the bran, and which are required by tl system. No other Baking Powder dm, this. It costs less, is healthier anj stronger titan any other Powder. Home Testimony FROM- J. Emmett Blackshear, M ,D, Macon, Ga., July 14, 3SS4.—I i a j, pleasure in adding my testimonial te the superior excellence of your Ilort. ford’s Bread Preparation (Baking Po». dor) aa an article healthful and nutri tious. So long sb Buperflne wheaten flour is made use of for bread-makim- bo long will there be a necessity for re storing to such flour the nutritive ele ments of which it is deprived by the refining process; and, so far as I am aware, this ia the only Baking Powdei in the market that possesses that nnsL ity; while in giving lightness aud porosity to the bread, whether iM.'.a ol superfine or unbolted (Graham) flour there is none better. Yours respectfully (Signed) J. EMMETT BLACKSHEAR, M. D, For Sale by all Grocers. Trv if mar 8-wed.frf.sunAw-^m Indorsed by Physicians, Druggists and Chemists as Nearly In'allib’e. I am lelllo® more of tho Cutlcura Remedies for dl<e«>cK of the akin aud blood than any other. TheCutii-urt 8o«p,ae its flrat-clmt qnftf- d«*ervef, leads ell of my sotpa In demand, b «ih a* a toilet aoap and a beautifltr ana •reuctorof ihe akin. DR. W. H. HALL. Frankfort, Ky. Satisfactory Results Yonr Cutlcura Remedies exceed both in lalea and good r nu'ta any ikln remedy wo ever handled, and it la with pleasure tbat we r< commend them to onr customer*, a-inrsd that they will receive real benefit and aatli* factory results. DR. D. BOWMAN A SON, Bourbon Ind. Never Failing. I do not know ot an ln«Unco In which the Cutlcura Remedies have failed to produce sat isfactory results. I believe I have sold moro otthsmthan of any other *ssin remedies I have ever handled daring the thirty threo years of my experience as a drogfUty^ Druggist, Batavia, N. Y. Scrofula Cured. I prescribed yonr Cutlcura Remedies,effect- in k a thorou* h cure, tu a chronic case of scrof ula upon a child of one of my patrons, after tbe ca*e had baffled tbe skill of two emm'nent pnjrmrUus during a period of eleven months. I made a comply cure in four month*. a c. Patterson. Druggist, BrookvlUe, Ky. For sale everywhere. Price Cutlcura, tho great Skin Cure, 60c. Cutlcura Soup, an ex- quUlte ttkin Beautlfler, »c. Cutlcura Resol vent, the new Blood Purifier, *1.00. Prepared by tbn potrsa D»uo amd chemical Co., Bos ton, Mass. Bend for “llow to Cu»e Skin Di**nsea.” IkllliPLCd, Blackheads, kin Blcmlaho and m. mi Baby Humors. a*e Cutlcura Soap. SIIOOTiNG ANO SHARP PA Nil that seema to cut through you like a knife” are Inktanilv rwilevkd by placing a Cu- |S>eV Ucura Pla ter over the spot where rTTH the pain originates No other pUs- 2'tr.Wter or Uutmcut or appliance can bo ^gwyVoompared with this new* original, JCilr- elegant and never falling antidote top«iuant inflammation. Warranted the best S huler ever emoonaded. At drugglats, 25c.; ve for $1.00, mailed free. Potter Drug and Chemical Company, Boston. NEW GOODS. A new stock of Notions, Novelties and nsefol articles has just been received and will be sold at prices which cannot be duplicated in the Soath, at THE FAIR R F. SMITH, Proprietor, -V - iJJL. tJjjL'fijfiK; Hf.fi' r/>.u <rv THKCOLLIXih OF LETTERS, MUSIC and ART Exercises commence September 30, 1885* For proof of the unsurpassed advantages and lowest charges, write for catalogue. I. F. COX. - - President, TekOttANOV. Jv2 MONEY LuANEU I On improved farms anil City Fro pert/* For urm* apply to «. F. LAWTON, BANKKH, Hecond btreci, Macon, Georg- Manhood Restored ;.r,■ n l ±;tn , .v; i.J U.kLLVL.-v AJ'Jhki Mortgage Sale! • .•.sIRQIA, BIBB COUNTY.—By virtue of a powar of a«le given to me in a mortgage made bT Roland B.Tlal', t’u«te«, dated UthJuIy, U63, said mottfsga given to a cure certain nute* for the pi.rebate money of the follow ing detcrlbed property, with Interest anti ex« l‘i «*• ■ thtrcoD, I will offer fur sale m Tours- day, first day of October next, at tho wort houMj door fn tbs city of Macoo, Ga., at poblfo outcry, to tho hlgheat Udder, tho following property, to-wit: That parcel of lot number one (1). in square number eighty-three (S3), In tbecltvof Macon, being on the coruer of Hprlug and Magnolia streets, and beginning a> tbe lot-emctlon of Magnolia and bpriug streets aforetald, running southwardly down thellneof Spring atreet thorn one huudr.-d and fifty seven feet and »ix inebet, until It meets the line of tho lot of Mrs. O P. Willing- lam.ther ee westw^rdly down the lino of said lot sixty-nine feet and nine Inches, thence at right angles to tbe last line rorthwardly until U meets the line ( MtiraoUa nr *«t. thenco eaitwardlyon said linn about nlnvty-five ftet •lx incbt-a to the starting poiut, including all bull lingo or Improvement* on raid lot. Bald •ale tor tne purpose of paying fifteen note* de scribed in aald mortgage, ot wht«h three amoontlDg toaeven hundred and elgaty five (1785) dol art are past due and balance ui mg due quarterly,the wholo amount due being on the 8th of July last |l,I5i£8, with interest at 8 percent. Terms cash. X D.HUGUKNIN. Trustee. Macon, Ga., August lMb,iaftw aux?J>aUt£w4t GEORGIA CHILL REMEDY Chill* and f»*ver* have for year* aifect<*d thou»*n<!i, and will runtlmm to tlo •<> until the of Hall'* Gi-urgiaChill K.-m.-dy tie- had for a long tf elTorbiof able phyilcla <-, **• d to havo any rif. —Iboaiands could ha udge Tims. J. Him rlor Court of iho Mat chilli and fgver by n mtheru r.linate I and quinine ha-t One pottle In all tb* »tau-Hi)g will Chill Remedy. Mat ou. i ~ remedy I« it-orgla Chill Re: LAMAR, RANKIN i Sold by all drugglit*. &n2 eminent 3TABLIBHBD IN l'-»7. IF YOU WANT FINE GARDENS and GGUD CROPS BUY YOUR cKKD OF Southern Seed Co., Macon, Ga. We are Offering A very tnperior stock of Mexican, Texas and Georgia grown Hunt Proof Oats. Also Georgia live and Barley, Mediterranean Hybrid, Dallas and Blue Stem Wheat. Fresh stock of Onion get.*, Challofs an l Choice Btralns of Cabbage. .Send fcrcatalogn J NO. II. ELLIS, Manager. | >llar«l* Turnip and Iluta Hsga Beed Addrwa* tiOU l HE UN s^KEI) COMPANY. CLOTHING ANO HATS I WINSH'P & CALLAWAY 125 8ECOKD BTHBBr, HALVIN', GA. Extend aientral Icvlta clan Clothing and Hate