The Marietta journal. [volume] (Marietta, Ga.) 1866-1909, 1871-11-24
GEORGIA LEGISLATURE.
SENATE.

The roll.was called. ana the Journal OF last
days proceedings read AID approved.
The motion of Sir. eilb0in 10 reco;H;!Iit
the bill to appoint a committee Of two from the
Senate and three from I'll House, made on yes
terday, was carried
Mr.. Nichols, chairman If the Committee on
Education, reported a recommendation that
five hundred copies Of the report Of j. r. Lew
is State School Commissioner, be printed,
which was adopted.
HOUSE
FRIDAY, Nov. 10.
House met at tie usual hour, Speaker Smith
presiding.
Prayer by Rev Mr.. Cox.
The Journal of yesterday was read and sp-
proved.
Mr.. Clover Of Monroe moved to reconsider
so much OF yesterdays proceedings as relates
to LAYING the "bill to make it penal for any
person to leave his employer on the table.
Mr. McWhorter made The point of order that
the bill was on the table; could be taken up
any time and was not properly matter for
reconsideration.
The Chair ruled the point well taken.
The special order of the day, to.wit: bill
to provide tor a special election for Governor,
&c, was taken up and read.
Mr. Bryan Of Henry thought that the action
of this body in defeating Mr.. Cummings reso-
luton declaring Mr.. Trammel Governor was a
concession and if that concession was neces-
sary then TO avert threatened military inter
ference why is not the same precaution now
necessary What assurance has this body
that,Mr COnley will not resist the newly elect
ed Governor when he comes forward to enter
upon his duties as the Executive, and delay
the inauguration until the next regular election,
IL, ~, hat th,
TO elect a Governor was a partisan one, and
aimed at him because he is Republican p
This bill involves some constitutional ques
tons and, although his heart was in the bill,
he desired the matter should he thoroughly
ventilated before the action on it.
Mr.. johnson of Jefferson favored the bill and
declared that he could and would not recognize
Mr. Couley as Governor of the State,
Mr. Men ilan argued that Mr.. Conley had
never been called upon to yield mp the office he
now fills, and although he thinks Mr.. Trammell
is under the Constitution, entitled to the Office,
that there is no Constitutional objection to hold
ing special election, and that this election,
which will be held in accordance with the Con
stitution framed by the Republican party, can
not be pretext fol- military interference.
Mr. Simmons of Gwinnett, proposed to strike
out section three OF the bill which relates to
the manner of making the election returns,
which section he thought was surplusage.-
He thought that no suspicion OF Mr. COnley's
integrity should be expressed in the bill. He
ought not to be prejudged, because he may be
honest in his purposes He also'stated that he
did not doubt the constitulionality Of the bill
Mr.. Scott concurred in the remarks Of Mes
srs. Mcmillan and johnson in their belief that
Mr. Conley is not Governor under the COnstitu
ton, and that tits in the'power, under the law,
of tbiS I'm orflnp n Spncial plaptiun
He discussed the legal and constitutional points
in the bill, and advocated Mr.. Simmons mo-
ton to strike ont the third section, which pro
vides f0 the manner OF transmitting the cleo
ton returns. This section, he commended
might be construed as in conflict with the man
ner prescribed by the Constitution. AS Mr.
Coney has been recognized as Governor, he
ought to be treated as such, and have the re-
turns made to him as such.
Mr. VIM. ID. Anderson favored Mr. Simmons
motion and thought the Sd section of the bill a
stain on it. He denied that Mr.. COnley is a
usurper, because he would dislike to think that
he was tamely submitting to usurpatiou. and
because Mr.. Trammel, who is alone entitled 50
to do Gtanybody is) has never taken the oath
and demanded the office. He argued that the
Sd section assumes that Mr. COnley will not
properly transmit the returns and who dares
say that Benz, Conley will fail to do his sworn
duty. All evidence concerning the election to
be held must come, under the Constitution,
through the Executive, and the other returns
through the Presiding officers OF the two
Houses would be worthless evidence. The
question Of ordering an election is one of privi-
lege and not of duty, as some claim.
Mr.. Simmons motion to strike out the third
section was put and prevailed
The bill as amended was then passed.
Mr.. Davis offered resolution providing that
the Committees on Agriculture and Manufac-
lures Of the House and Senate shall be joint
Adopted
On notion the House adjourned until 9 A.
NJ, tomorrow.