do so he is vested with full power in case of a conflict of claims for a commission to the same office to investigate and determine, from all the facts and circumstances, to which of the contending parties the commission ought of right to issue, and to cause the same to be done; and to deprive the Governor of this power, and make him a ministerial officer, would be to compel him to issue to two or more persons a commission to the same office at the same time, provided they each had regular certificates of their election, which would be prima facie evidence thereof; and that the Judiciary has no power or jurisdiction over the same by mandamus, quo warranto, or in any other manner whatever, and that the Governor would for malpractice therein be liable to impeachment.

Assented to, February 23, 1850.

Resolutions relative to Public Documents.

Resolved by the Senate and House of Representatives of the State of Georgia in General Assembly convened, That his Excellency the Governor have collected, arranged and bound in suitable volumes the annual messages of the Governors of this State, the annual reports of the Principal Keeper of the Penitentiary, the annual reports of the Comptroller General and Treasurer, the annual reports of the Chief Engineer of the Western and Atlantic Railroad, the annual reports of the Trustees and Resident Physician of the Lunatic Asylum, and also the reports of the Board of Commissioners of the Deaf and Dumb Asylum.

And be it further resolved by the authority aforesaid, That the sum of one hundred dollars, or so much thereof as may be necessary, be set apart for that purpose, to be embraced in the general appropriation bill.

Assented to, February 23, 1850.

Report and Resolution relative to claims against the U. S. Government.

The Committee on Finance, to whom was referred the communication from his Excellency the Governor relative to the military claims of the State of Georgia upon the General Government, beg leave to make the following report:

Having confidence in the statements of the Governor that the State of Georgia has a just demand against the Government of the United States, amounting to the sum of $112,612 22, as a balance of monies expended by the State for military services in the suppression of Indian hostilities, the

payment of which has been refused under the rules of the Treasury Department in auditing the same; and whereas it is believed that some legislative action may be necessary. and his Excellency having suggested the necessity that the State have an agent at Washington to prepare evidence and prosecute the claims, the Committee propose the adoption of the following resolution:

Resolved by the Senate and House of Representatives of the State of Georgia in General Assembly met, That his Excellency the Governor be and he is hereby requested to take such steps as he may deem advisable to obtain a settlement of the claim of the State upon the General Government, and if an agent be necessary, that he appoint one for such purpose. Assented to, November 20, 1849.

Resolutions relative to the Western and Atlantic Railroad.

Resolved, That John Caldwell and Michael Dickson are authorized to commence an action in the county of Walker against the Chief Engineer of the State of Georgia, to try the question of damages alleged to be sustained by them from the failure of the State to make payments according to the contract they had upon the Western and Atlantic Railroad, and that such trial shall be conducted as other cases; and the said Chief Engineer, in defence of the same, shall not plead the statute of limitations, nor defend against the claim for damages by any settlement that did not embrace the consideration and settlement of such damages.

And be it further resolved, That the State of Georgia and the parties plaintiff shall be bound by the issue of said case. And be it further resolved by the authority aforesaid, That the Engineer be authorized to pay out of the proceeds of the road, the right of way or any damages which individuals may have sustained in consequence of the Western and Atlantic Railroad running through their lands-the damages to be awarded according to the present law regulating such

cases.

Approved, February 23, 1850.

Resolution relative to the Laws and Journals.

Resolved by the General Assembly, That his Excellency the Governor be authorized to furnish the members with a copy each of the Laws and Journals of this Session of the Legislature.

Assented to, February 23, 1850.

Resolution in relation to the schedule of the Western and Atlantic Railroad.

WHEREAS the great amount of bridging on the State Road, its curves and its high embankments, together with the general character of the road and country, render a day schedule absolutely indispensable; and whereas such a schedule has been very properly adopted by the Post Office Department, and should be insisted on by the State of Georgia for all time to come; and whereas efforts may be made from time to time to induce the Post Office Department to change the same:

Be it therefore resolved by the Senate and House of Representatives of the State of Georgia in General Assembly met, That it shall be the duty of the Governor and Chief Engineer of the Western and Atlantic Railroad to run a day schedule on said road, and to insist on the same in all their future contracts with the Post Office Department.

Assented to, February 23, 1850.

Resolution in regard to the National Monument.

Resolved by the Senate and House of Representatives, That his Excellency the Governor be and he is hereby authorized to employ competent persons to prepare a suitable block of Stone Mountain granite, and also a block of marble from Cherokee or Gilmer county, and have the same conveyed to Washington City and placed at the disposal of the building committee of the National Monument to the memory of the Father of his Country.

Assented to, February 20, 1950.

Resolution on Education.

Resolved by the Senate and House of Representatives of the State of Georgia, That his Excellency the Governor be requested to appoint three suitable persons as a committee to enquire into the state of Education in Georgia, to report to the next Legislature on the operation of the present poor school laws, to recommend any alteration in the same that may to them seem advisable, or to suggest a plan for genereral education if considered by them expedient, accompanied by a suitable bill for carrying out the same: Provided, that the same can be done without cost to the State or cost upon the school fund.

Assented to, February 23, 1950.

Report and resolutions on memorial of Howell Cobb.

The joint Select Committee to whom was referred the memorial of Howell Cobb, of Houston, beg leave to report that they have examined the manuscripts of the proposed publication, (the Criminal Statutes of Georgia,) and believe that the book will be one of much practical utility, more particularly to Justices of the Peace, who usually in the first instance issue the processes by which an offender is brought to trial. It must be useless for the Committee to occupy much time in enlarging upon the necessity of this kind of magistrate baving all the aid which can be possibly afforded, in order that his proceedings may be correct, for if they are incorrect, the offender is usually discharged upon habeas corpus and eludes another arrest by removing beyond the reach of the violated law.

This publication is intended to present to Justices of the Peace all the forms necessary to be observed in issuing their warrants, the examination of the accused and the evidence to support the charge, the commitment or bailing of the offender, and the certificate necessary to the legal authentication of the acts of the Justice. This forms the first chapter of the work.

The next chapter contains the requisites of bills of indictment and the rules of pleading. In this chapter may be found the various pleas which may be required in any and every possible stage of the prosecution from beginning to end.

The next chapter of this work contains the Penal Statutes of the State, with the forms necessary in prosecuting offenders under each. When it is remembered that the forms of pleading under Penal Statutes is materially different from those used in prosecutions under the Penal Code, this feature of the work must be considered very important.

Then follow in their order several chapters embracing the entire Penal Code. Where Prince makes a division, the contemplated publication makes a chapter. In these chapters, the law is inserted in the same manner as it is found in Prince, dropping out, however, the repealed legislation and inserting the new. At the end of each chapter, designated by numbers, are inscribed the forms of the bills of indictment required under each section.

The last chapter contains the statutes which relate to the Penitentiary. An appendix is added which contains the rules of practice adopted by the Judges in convention.

The above is a brief statement of the subject matter of the proposed publication; and although the Committee have not the time necessary for a very thorough and particular examination of the proposed work, yet from the examination bestowed on it, they are of the opinion that it will be highly

useful, particularly to Justices of the Peace. Your Committee unhesitatingly declare the opinion that no money of the Treasury can be better spent than that spent in acquainting the people with the laws, and the officers of the law with their duty. They therefore offer the following resolutions:

Resolved 1st. That his Excellency the Governor be and be is hereby authorized and requested to appoint a Committee of competent members of the bar, to whom the manuscripts of the proposed work shall be submitted.

Resolved 2d. That should said Committee report favorably of said proposed publication, then his Excellency the Governor be authorized and requested to subscribe for five hundred copies as he may deem proper for the use of the State: Provided, that not more than one dollar and fifty cents per copy shall be allowed the publisher upon the delivery of the number designated by his Excellency the Governor, at the Executive office, well bound and in good order. Assented to, February 23, 1850.

Resolution relative to the standard Weights and Measures of this State.

Resolved by the Senate and House of Representatives, That his Excellency the Governor be requested to furnish the several counties in this State with weights and measures in compliance with an act passed December 23, 1839, so far as respects the counties which have not been furnished in compliance with said act.

Assented to, February 23, 1850.

Resolution to rescind a resolution passed on the 10th day of December, 1838, prohibiting engineers employed on the Western and Atlantic Railroad from purchasing any land within three miles of the line of said Railroad.

WHEREAS the Legislature of the State of Georgia did on the 10th day of December, 1838, pass a resolution prohibiting any and all engineers employed on the Western and Atlantic Railroad from purchasing land within three miles of the line of said Railroad:

Resolved by the Senate and House of Representatives, That the said resolution be and the same is hereby rescinded, and that all and any engineer employed on said Railroad be and they are hereby authorized and permitted to purchase lands