.

.,... . ~

JOURNAL

..It ; -=' ~- ---....--~

OF THE
SENATE

OF TilE

STATE OF GEORGIA
AT T!!E
ANNUAL SESSION
OF THE
GENERAL ASSE~1BLY
CO:\L\1 E:\CED Xr
ATLAI\TA, JANUARY 12, rS;G.

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f-JOURNAL.

SENATE CHAMBER, ATLANTA, GA., } Wednesday, January 12, 1876, 10 o'clock a. m. .

The Senate met this day in annual session, and was opened with prayer by Rev. Mr. Duncan.

The roll was called, and the following Senators were present and answered to their names, to-wit-Messrs.

Arnow, Black, Blance, Brimberry, Cain, Cannon, Carter, Crawford, DuBose; Felton,
Fr~man,
Gilmore; Graham,

Harris, Hopps, Howell, Hudson,
of the 25th, Hudson,
of the 28th, Kibbee, Knight, Matthews, Mattox, McAfee,
of the 32d,

McDaniel, McDonald, Newborn, O'Daniel, Payne, Peavy, Robinson, Rutherford, Slaughter, Wilcox, Wilson, Winn, MR. PRESII>lUIJT.

Hon. Mark A. Cooper, Senator elect, to fill the vacancy

occasioned by the resignation of Hon. John W. WoffQtd,

'

former Senator from the 42d Senatorial District, appe~ref:),

was qualified by Hon. Logan E. Bl;1k,eley, J u(ige Qf, the Supreme Court, and entered upon the discharge of .~is,

duties.

Mr. Kibbee moved that tl:e Secretary of the Senate bt .

4

JouRNAL OF THE SENATE

instructed to notify the House of Representatives that the Senate is organized and ready to proceed to business, which was agreed to.
Mr. Kibbee offered a resolution appointing a committee of two from the Senate, and three from the House of Representatives, to notify his Excellency the Governor, that the General Assembly is organized, and is ready for business, which was taken up, read and agreed to. In pursuance of which the President appointed as such committee, on the part of the Senate, Messrs. Kibbee and Gilmore.
Mr. Freeman offered a resolution appointing a committee of three to secure the services .of a Chaplain for the present session, which was taken up, read and agreed to. In pursuance of which the President appointed as such committee, Messrs. Freeman, Howell and Graham.
Mr. Black offered a resolution inviting all regular reporters of newspapers to seats on the floor of the Senate during the session, which was taken up, read and agreed to.
Leave of absence was granted to Messrs. Lester and Reese for a few days on important business.
Mr. Black offered a resolution that the State Librarian be directed to furnish each Senator with a copy of the Journal of the Senate for the last session, which was taken up, read and agreed to.
Mr. Felton offered a resolution instructing the Secretary of the Senate, to furnish the Senate with one hundred copies each of the rules of the Senate, and list of the standing committees, which was agreed to.
Mr. Kibbee offered a resolution fixing the hour of meeting of the Senate at 10 o'clock a. m., and of adjournment at 'I o'clock p. m., unless otherwise ordered, which was taken up, read and agreed to.
The following message was received from the House of

JANUARY 12, 1876.

5

Representatives, through Mr. Sweat, the Clerk thereof, to-wit:
Mr. President :
I am directed to inform the Senate that the House of Representativ~s has convened with a quorum, and is ready to proceed with business.
The House of Representatives has also agreed to the following resolution, wherein they ask the concurrence of the Senate, to-wit:
A resolution for the appointment of a committee of three on the part of the House, to join such committee as may be appointed by the Senate, to wait on the Governor and inform him that a quorum of both branches of the General Assembly are present, and ready to receive any communication he may have to make.
Committee appointed on part of the House are: Messrs. Shewmake, Pitman and Hutchenson.
The Senate, on motion, took up the resolution of the House of Representatives, appointing a committee to wait on the Governor and notify him that the General Assembly is organized and ready to receive any communication he may desire to make, which was, on motion, concurred in, and Messrs. Kibbee and Gilmore were appointed as such committee on the part of the Senate.
The roll was called, and the following bills were introduced and severally read the first time, to-wit:
By Mr. ArnowA bill to incorporate the Brunswick Banking and Trust Company. Also, a bill to extend the jurisdiction of Justices of the Peace and Notaries Public of the county of Camden.
By Mr. J. W. HudsonA bill to amend an Act for the prevention of cruelty to animals, and for other purposes.
Also, a. bill to amend an Act to prohibit the sale of in-

6

}OURNAL OF THE SENATE

toxicating liquors in the county of. Putnam, and for other purposes.
Also, a bill to punish any person who shall furnish minors with deadly weapons, and for other purposes.
The following message was received from his Excellency the Governor, through Mr. Warren, his Secretary, to-wit:
M1-. Presz'dent : I am directed by his Excellency the Governor to deliver
to the Senate a communication in writing, with accompanying documents.
The Senate took up the message from his Excellency the Governor, which was read, and is as follows, to-wit:

EXECUTIVE DEPARTMENT,

}

STATE OF GEORGIA,

Atlanta, Georgi'a,January 12, 1876.

To the General Assembly :

In the discharge of my duty under the Constitution, I proceed to inform the General Assembly of the state of

the Commonwealth, and to recommend to their consideration the measures that are deemed necessary and expedient.

In consequence of the vacancy in the office of State Treasurer, which occurred on the 26th day of November last, no formal report of the operations of the treasury during that period of the last fiscal year, ending on the day just named, has been received for transmission to the General Assembly. It devolves upon me, therefore, to present in this communication a full and particular statement of the affairs of the treasury during the period mentioned.

STATE TREASURY.
By a joint resolution of the General Assembly, passed at the last session, the Governor was directed to appoint a "skillful and competent person to assist the Treasurer in systematizing the manner of bookkeeping in his office ; to

''

\

JANUARY I2, I876.

7

make out a full and complete registration of all bonded obligations in the treasury; to ascertain, if possible, all the outstanding obligations recognized as legal or illegal by the State ; to report to the General Assembly a tabulated statement of the same," and t;) do whatever else was necessary "to protect the interest of the State in the cortduct of the business of the office."
Under the authority of this resolution, I appointed James F. Bozeman, who entered upon the discharge of his duties on the 22d day of March last. Mr. Bozeman has prepared and submitted a full report of the results of his investigations, which is herewith respectfully transmitted for the information of the General Assembly.
By reference to the tabulated statement accompanying the report, it will be seen that the valid bonded debt of the State amounts to $8,oos,soo.oo. The whole amount of outstanding bonds of the State declared null and void by legislative enactments, is $2,872,000.00. The amount of bonds classed by Mr. Bozeman as "invalid," is $473, 250. The outstanding past due bonds of the State amount to $35, soo.oo. Of these, it has been ascertained that $I 2, 500 are in the possession of Messrs. E. P. Scott & Co., of New York;. $8,000.00 in the hands of E. L. Hayes, of the State of Rhode Island, and $I7,ooo.oo are either in the possession of parties unknown, or have been lost or destroyed. A full descriptive list of these bonds has been made and recorded in a book prepared for the purpose. The repo.rt s~ows ~hat the ~Il{ount of past due bonds legally outstandmg 1s very smalL:,._
all Books of record have been opened, in .which all there-
.cognized and valid. e:urrerit bonds of the State, as well as the overdue and paid borids found in any quarter whatever, have been carefully registered. A book has also been prepared for the registration of such bonds as shall be here.after issued.
Under an Act, approved December I I, 1858, entitled

8

JouRNAL oF THE SENATE

"'an Act to provide for the education of the children of this State, and to provide a sinking fund for the extinguishment of the public debt," $350,000.00 of bonds were prepared and placed in the custody of the Secretary of State. I would respectfully suggest that the public interest does not require that these bonds should be longer kept, and it is therefore recommended that they be destroyed. I also recommend that the $268,000 of 7 per cent. currency bonds, numbering from I to 268, inclusive, now deposited! in the treasury as security for the school fund, be destroyed. These bonds were deposited as a pledge for the replacement of $242,027.62 of the school fund taken on the 6th day of August, I87o, by authority of the Legislature, and applied to the payment of legislative expenses. It is not probable that the school fund will be materially increased by this deposit of bonds; they should therefore be destroyed.
The second section of an Act entitled ''an Act to set apart and secure the school fund," approved July 28, 1870, is as follows :
''That, from time to time, without delay, as definite amounts are ascertained by the Comptroller General to be due said fund, he shall report the same to his Excellency the Governor, who shall thereupon deposit with the Treasurer 7 per cent. bonds of the State to such an amount as will perfectly secure the school fund."
Under this section, I 50 7 per cent. currency bonds of $I,OOO each, dated May I, ~;2, and due July r, 1892, were prepared for execution in-.the Summer of 1872. They were never excepted, however, because it was feared that a compliance with this law would injure the public credit. Never having been executed and issued, or even deposited as directed by the Act, they do not form any portion of the public debt of the State.
It is also shown by the report that an amount of 6 per cent. bonds, not exceeding $375,000, was executed, prob-

}ANUARY 12, 1876.
ably in the year 1854, for the purpose of being exchanged for the outstanding bonds of the Central Bank. For somereason these bonds were never issued, but remained in thetreasury vault at Milledgeville until November, 1864, when, it is supposed, they fell into the hands of the Federal troops. A rumor exists that attempts have since been made to put them in circulation in a Western State. For the protection of the public against fraud and imposition, I recommend that appropriate action be taken, declaring these bonds null and void.
The attention of the General Assembly is especially invited to that portion of Mr. Bozeman's report which refers to the State bonds redeemed by Henry Clews & Co., as former financial agent of the State. It is shown that irr the years 1870 and 1871 this agent redeemed bonds of the State amounting to $272,250, of which $g8,250 were after" wards canceled. The remaining $174,000, together with $8oo,ooo of void currency bonds, and 15,000 of sterling bonds, whicp had also been redeemed, were, on the 13th day of December, 1873, sold by the said agent at public auction, in New York, on one day's notice. At the sale the $174,000 of bonds mentioned were nominally bid off
as follows, viz: $156,000 by J. D. Hayes, $12,500 by the
Misses Clews (said to be sisters of Henry Clews), and $5,000 by Messrs. Chittenden & Hubbard. The amount realized from the sale of these bonds was $18,625. The sterling bonds and the void currency bonds mentioned were also disposed of for a trifling sum.
It cannot be doubted that this pretended sale was a mere device, resorted to for the purpose of obtaining a color of right for placing these already redeemed securities a second. time upon the market. After the sale they all went back into the control of Henry Clews & Co., and it is alleged that early in the Spring of 1874 a portion of the same bonds, amounting to $149,250, was presented at the treasury' of Georgia and again redeemed by the late Treasurer.

10

JouRNAL OF THE SENATE

It has not yet been ascertained when or by whom these bonds were thus presented for payment. The late Treasurer himself declares his inability to give any information whatever upon these points. He represents that no written entry or memorandum, throwing any light upon the subject, was made by him. He further professes to be entirely unable to recall any fact which would serve as a clue to the person or persons who presented these bonds for payment. His possession of them seems to be the only evidence within his knowledge showing that he re-deemed them. In addition to the principal of the bonds, the late Treasurer claims that he also paid interest thereon accruing after maturity, amounting to $24,782.15. This alleged payment of interest is not verified by proper vouchers, nor is the Treasurer able to state, from memory or otherwise, to whom the same was made.
In addition to the foregoing, it would seem, the late Treasurer also redeemed a second time other bonds of the State amounting to a large sum. On the 8th day of January, 1873, Alton Angier, Clerk in the treasury, received from the Fourth National Bank of New York $21,500 of uncanceled bonds, which matured in June and July, 1872, and in January, 1873. These bonds had been redeemed by the bank, as agent for the State, by exchanging therefor new 7 per cent. bonds, issued under the authority of the Act approved January 18, 1872. Mr. Angier states that he brought the bonds from New York and placed them in the vault of the treasury. It should be here remarked, however, that no entry of the redemption of these bonds was made on the records ot the treasury, either by the Treasurer or his clerk. The then Treasurer went out -of office shortly after the bonds had been received in New York by his clerk, but failed, it seems, to take any receipt .showing the delivery of them to his successor. The latter denies that the bonds were turned over to him by his pre. .decessor, and claims that he redeemed them in good faith

jANUARY 12, 1876.

11

after he came into office. It is proper to state that he does not remember from whom they were redeemed, nor does he recall any circumstance from which the fact of their redemption by himself can be ascertained. He also claims that he paid interest on these bonds amounting to $x,o8o.
The ascertained amount of the alleged payments made by the late Treasurer, in second redemption of bonds, was $Ig6,6I2. 15-a particular statement of which is presented in the accompanying documents.
Before passing from this subject, it is proper to state that in the latter part of the year 1874, the Treasurer obtained warrants in his favor for the amount of the alleged payments mentioned. The payments themselves had been made before the warrants were applied for, and without the knowledge of the Executive. It is not intended by this statement to imply that the special consent of the Executive is required to authorize the Treasurer to redeem the principal and interest of the public debt. Each outstanding bond, and coupon, also, when properly signed, is itself a lawful warrant upon the treasury, which it is the duty of the Treasurer to pay upon presentation at maturity.
Paragraph I I, section 92, of the last Revised Code of the State, is in the following words:
"When he (the Treasurer) pays the interest or principal of the State debt, upon a warrant issued in his favor, he shall deposit in the Executive office coupons or bonds, on which the payments are made, there to be marked 'paid' and filed away, subject to the order of the General Assembly."
Section 955 of the Code is in the following language:
''When bonds or coupons are paid, they must be stamped. as paid, and preserved in the Treasurer's office with the same care as the. funds of the State."

12

JouRNAL OF THE SENATE

The first section is a codification of the Act of 1845. The second was introduced by the Code of 1863, and materially changed the old law. The first does not require the redeemed bond or coupon to be canceled until after the same is presented by the Treasurer for an Executive warrant. The second requires the cancelation to be made at the time the bond or coupon is paid. The first implies that the cancelation should be made under the direction of the Governor; the second, that it must be made by the Treasurer at the time of payment. The first provides that, after the Executive warrant has issued, and the redeemed bonds or coupons have been marked ''paid" or canceled, they shall be "filed away" in the Executive office. The second prescribes that, after payment and cancelation, they shall be "preserved in the Treasurer's office with the same care as the funds of the State."
Under the law as it now stands, the Treasurer is clearly the custodian of the redeemed bonds and coupons of the State. It has been the usage, when the Treasurer applies for a warrant to cover the payment of bonds or coupons, for the Governor to cause such bonds or coupons to be carefully counted by one of the Secretaries of the Executive Department. When the count, which frequently consumes many days, is completed, the vouchers are sealed up in a package, and a memorandum of the contents and amount is endorsed thereon. A warrant, based upon this memorandum, is then issued in favor of the Treasurer, and the package itself remains in the Treasurer's office, "subject to the order of the General Assembly. The warrant thus issued, it will be borne in mind, is not intended to give authority to draw money out of the treasury. Its only effect is to certify that the Treasurer is entitled to credit on the books of the Comptroller General for the amount stated in the warrant. The allowance of such credit, however, is not intended to conclude the right of the State to reopen the transaction for the correction of

JANUARY 12, 1876.

13

.any error that may have been committed. It is proper here to observe that the usage just mentioned was conformed to, in every respect, when the warrants covering the improper payments referred to were issued. No suspicion had then arisen that the Treasurer was not entitled to the whole amount of the credits claimed by him.
I recommend a careful revision of all the laws governing the State treasury, and that such amendments thereof be made as will guard more effectively the public interest. The law itself should require that itemized monthly reports of the condition and transactions of the treasury be submitted to the Governor, and the information contained in these reports should be, in his discretion, from time to time, given to the public. The law should create a lien in favor of the State upon all the property of the Treasurer and of his sureties, from the date of the execution of his bond. Provision should also be made for the issue of execution against a defaulting Treasurer and his sureties, without the intervention of suit, as is now allowed in cases of Tax Collectors and Receivers.
The report of the Treasurer, submitted at the last session of the General Assembly, showed a balance in the Treasury, on the first day of January, 1875, of $1,003, 128.88. The amount received into the Treasury from all sources from that time to the 25th day of November, 1875-the date of the Treasurer's removal-was $1,287,277.37 This sum, added to the balance on hand on the first day of January, 1875, amounted to $2,290,406.25. with this gross amount the Treasurer stood charged at the time of his removal from office. The aggregate amount of his disbursements in the year 1875, as the same appears on the Comptroller General's books, was $8I0,401.79 This sum, deducted from the gross amount with which he stood charged, left a cash balance against him at the time of his removal of $1,480,00446. The amount of disbursements just stated includes only the payments made under Executive

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JouRNAL OF THE SENATE

warrants. In addition to these, the late Treasurer claims

that he is entitled to a large amount of credits for which

no warrants were issued. To the following statement of

the items of credit thus claimed, the attentioo of the Gen-

eral Assembly is respectfully invited :

On the 24th qay of June, 1875, the Treasurer presented

his account for interest paid upon the public debt in the

year I 874 This account consists of the following items:

8 per cent. coupons for interest due October 1, 1873...........$ 46,360 00

8

"

"

"

April1, 1874...... ..... ..... 47,210 00

8

"

"

October 1, 1874 .......... 44.690 00

7

"

"

"

on or before Jan. 1, 1875 259,700 00

7

"

"

"

on bonds issued under

Act of January 18, 1872................................ ...... 39,007 00

6 per cent. coupons for interest due on and before Feb'y 1,

1875................................... 62,14/i 00 7 per cent. on gold coupons due on or before October 1, 1874, 99,207 50
Miscellaneous coupons for interest on past due bonds, etc..... 34,207 50

Aggregating.......................................................... $ 632,527 50
Of the coupons last mentioned, $6,645 matured at dates prior to January, 1873, and, in some instances, as far back as the year 1861. The records in the Treasurer's office show that the bonds to which some of these coupons pertained, were paid at dates varying from seven to sixteen years ago. After the year 1868, the State paid the interest on her old bonds, from which fact the presumption arises that these coupons were paid prior to January, 1873, the date of the late Treasurer's accession to office. In many instances the dates of maturity are carefully and ingeniously clipped, or punched, from these coupons, in a manner strongly suggestive of a doubtful claim. A portion of them had been twice canceled, and the records in the Treasurer's office indicated that many of them had been paid by a former Treasurer. In many instances, original entries of payment on the records, in the handwriting of a former Treasurer, are altered and overridden by second entries in the handwriting of the late Treasurer. A further suspicion of the validity of these coupons w< s

}ANUARY I2, I8J6.

15

raised by the admission of the Treasurer, frequently repeated, that portions of them were not proper credits, and had probably been gathered by his clerk from the sweepings of the vault, and carlessly placed among his vouchers
Objection was made also to allowing the $93,570 of the 8 per cent. coupons presented, as already stated, with the Treasurer's account. These coupons represented all of th~ first year's interest upon the whole issue of 8 per cent. bonds, except $4I,ooo. It was a fact within my own knowledge, that a large amount of these bonds was not disposed of until after the first coupon for the semi-annual interest thereon had matured. In was hence reasonably inferred that when they were sold, the matured coupons pertaining thereto were cut off and retained by the Treasurer. No amount of coupons so cut off and retained was reported, however. It was not doubted that the Treasurer was entitled to credit for a large amount of this interest, but no data were furnished from which this amount could be ascertained. His books ought to have furnished the desired information, but no full account of the sales of bonds was submitted. Neither his written nor verbal explanations furnished any satisfactory evidence of the specific amount of credit to which he was entitled. In the absence of this information, it was manifestly improper to assume a fixed amount ; and hence, this whole item was held up for further investigation. I respectfully submit, herewith, for the information of the General Assembly, a particular statement of the coupons so disallowed, and of the Treasurer's written answers in explanation of th~ objections thereto.

REMOVAL OF THE TREASURER-HIS ASCERTAINED LIABILITIES.
From facts which came to my knowledge during the treasury investigation, I formed the opinion that the sure.ty on the official bond of the Treasurer was insufficient. Thereupon, an Executive order was issued and served upon

16

JouRNAL OF THE SENATE

bim personally, on the-15th dayofNovember last, requiring .new bond and surety to be executed in terms of the law. With this requisition the Treasurer failed to comply, by reason whereof his office became vacant by operation of law, on the 26th day of November last. During the period ;allowed for the execution of new bond and surety, thereceipts into the treasury were deposited in the Citizens' Bank, of Atlanta, and disbursements during the same period were made directly from this bank, upon Executive warrants only. The sums so received and disbursed are particularly stated in the report of the Comptroller General, herewith transmitted.
Within the time prescribed by law, the late Treasurer made a statement of his accounts and delivered the books :and papers of the treasury, together with an amount of money, to his successor, taking his receipt therefor. This statement of &ettlement was duly recorded in the Comptroller General's office; but the receipt taken, as just stated, for the property of the treasury, has never been presented for record.
By referring to this statement of settlement, a copy of which accompanies this communication, it appears that the late Treasurer stood charged, at the time of his removal, with a balance of $1,480,004.46. This statement of balance is verified by the Comptroller General's books. The credits claimed by the late Treasurer, in his said statement, amount to $1,544,93095, from which it would appearthat the State is indebted to him on account in the sum of $64,926.49. A careful audit and statement of accounts, made since his removal from office, shows a net cash haL ance against the late Treasurer, however, of $1 10,27484. This balance, it should be here remarked, is exclusive of all illegal and improper payments made by him, and indudes only the ascertained amount of cash actually remaining in his hands at the date mentioned. The entire amount for which he is liable on all accounts, as shown by

jANUARY 12, 1876.

17

the carefully prepared statements accompanying this commucation, is $291,995
By a joint resolution pa~sed at the last session of the General Assembly, the Governor was directed to have suits instituted against the Treasurer and his securities, on their several bonds, for the recovery of the amount appearing to be due from the former to the State. The institution of these suits was attended with unavoidable delay, on account of the great difficulty in ascertaining the true condition of the Treasurer's accounts. So soon as the necessary information upon which to predicate suit was obtained, however, the Attorney General was instructed to lay the cases before the proper courts. These instructions have been ::omplied with.
The Governor was also instructed, by a joint resolution passed at the last session, to cause certain bonds and coupons in said resolution mentioned to be burned, and to report the fact of their destruction to the General Assembly .at its present session. This direction has not been complied with, for the reason that these bonds and coupons will be required as evidence in the several actions now pending against the Treasurer and his securities.
A vacancy existed in the office of State Treasurer from the 25th day of November last until the 4th day of December following. During this period the Comptroller General acted, by Executive appointment, as State Treasurer. The amount received by him while so acting was $204,287.79 The amount disbursed during this period was $21,730.16, leaving a balance, to be turned over to the new State Treasurer, of $182,55763.

APPOINTMENT OF A NEW TREASURER.
On the 4th day of December last the Hon. John W. Renfroe, of Washington county, was, by Executive authority, appointed and commissioned State Treasurer, to .act until the next meeting of the General Assembly.~
2

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JOURNAL OF THE SENATE

RECEIPTS AND EXPENDITURES.
The whole amount received by the present Treasurer,. from the date of his appointment until the close of the last fiscal year, was $782,240.07. The disbursements during the same period were $270,454.86, leaving a balance in the treasury, at the beginning of the present year, of $5II,785.21.
For a more particular statement in regard to the receipts. and expenditures of the last fiscal year, the General Assembly is respectfully referred to the report of the Comptroller General.
I commend to the favorable consideration of the General Assembly the several recommendations of the Comptroller General, suggesting amendments of the law exempting certain kinds of property from taxation.
The tables accompanying the report of the Treasurer . contain a particula-r statement of monthly receipts and ex-
penditures in the year 1875, and also a distinct statement of the amounts received at the treasury since he came into office, and of the sources from which the same were derived. A tabular statement of the public debt, with amounts of interest thereon, payable quarterly and semiannually, is presented. The Treasurer gives a detailed description of all the maturing bonds of the State, and alsoof the bonds of the several railroad companies on which the State is bound by endorsement.

RECOMMENDATION REGARDING BONDS.
I would respectfully call the attention of the General' Assembly to the following extract from my last annual message:
"To prevent the injury to the public interest likely to result from any unauthorized or unlawful negotiation of our securities, I would suggest that all the bonds recognized as legal and binding on the State, issued during the late administration, be withdrawn from circulation, and

} ANUARY I 2, 1876.

19

that other bonds of similar amount and of proper tenor and effect, be issued in lieu thereof."
The reasons which induced me to submit this recommendation at the last session still exist, and make it my duty here to renew it. For causes needless to be mentioned, the bonds issued during the late administration are not equal in value to our other public securities. It is manifestly to the interest of the State that all her bonded obligations should, as nearly as practicable, be made of equal value in the markets of the world. It will be remembered that a large amount of the gold quarterly bonds of the State in the hands of Messrs. Clews & Co. have been declared null and void by legisbtive enactment. Coupons of these bonds, amounting to $2,625, it is alleged, have already been presented and redeemed during the administration of the late Treasurer. It has not been determined whether the same were redeemed at the State treasury, or at the Fourth National Bank in New York. From the close sim- ilarity between these coupons and others pertaining to valid bonds of the same issue, there is great danger that repeated frauds will be practiced upon the treasury.
I also recommend that bonds of the State be issued for redemption, by exchange, of the securities of the Macon & Brunswick, and of the North & South Railroads, upon which the liability of the State is acknowledged.
Estimates of the probable receipts and expenditures for the present fiscal year are submitted by the Treasurer and the Comptroller General, to the consideration of which I respectfully invite the attention of the General Assembly.
ATTORNEY GENERAL.
The accompanying report of the Attorney General shows the disposition made of the official business in his hands during the last year. The itemized exhibits attached to the report, contain a statement of the several amounts received and paid out, the cases for and against the State now pending in the courts, the cases pending against the

20

JOURNAL OF THE SENATE

Western & Atlantic Railroad, and of the executions issued by the Comptroller General against the late officers and agents of this road. The body of the report contains an explanation of the various items embraced in these exhibits.
Particular attention is invited to that portion of the report which refers to the sale, under the direction of the Governor, of the house and lot in the city of Atlanta, formerly owned by Foster Blodgett. The net proceeds of this sale amounted to $4, 564.50. The two remaining lots in said city, purchased as the property of Foster Blodgett, are still owned by the State. The Attorney General recommends that these lots be sold before the building season of the present year begins.
UNIVERSITY OF GEORGIA.
The accompanying report of the Trustees of the U niversity shows that the amount of money received from all sources during the collegiate year, was $38,858.70. The expenditures during the same period amounted to $38,I 50. 35 The attention of the General Assembly is invited to the very full reports of the Board of Visitors, and of the President of the Georgia State College of Agriculture and the Mechanic Arts, which will be found among the accompanying documents. I also submit the report of the Trustees of the North Georgia Agricultural College, located at Dahlonega, showing the application of the appropriation made for the benefit of that institution, at the last session of the General Assembly. This college is under the auspices of the State University, and receives annually therefrom a portion of the interest accruing from the Land Script fund. Satisfied that this institution is managed with ability and efficiency, I invite attention to the suggestions contained in the report, and earnestly recommend that such an appropriation be made as will not only meet its present wants, but will also increase its capacity for future usefulness.

}A::-<UARY I2, I876.

21

COMMON SCHOOLS.
The report of the State School Commissioner shows the operations of the Department of Education during the past year, and exhibits the growing efficiency of the common school system. Accompanying the report will be foun<l an able and exhaustive argument in favor of the system, published during the last year, in letters addressed by the Commissioner to the public. I invite the attention of the General Assembly to the suggestions in the report pointing out the defects in existing school laws, and indicating the amendments necessary to correct the same. I concur in the views expressed by the Commissioner in reference to the propriety of establishing normal schools. The lack of competent teachers is, without doubt, the greatest drawback to the efficiency and beneficent operation of the present school system. I respectfully suggest that a portion of the fund annually appropriated for the support of Common Schools be used for establishing schools for the education of teachers. These should be at least four in number, and located at convenient points in the State. Under proper regulations, they would furnish annually a large number of competent teachers fitted to take charge of the Common Schools.
I respectfully commend to the consideration of the General Assembly the objections urged by the Commissioner to the annual appropriation for the support of the Atlanta University.
BLIND AND DEAF AND DUMB INSTITUTIONS.
The Academy for the Blind and the Institution for the Deaf and Dumb have been conducted, during the year, with gratifying success, and with. due regard to economy. I recommend to the careful consideration of the General Assembly the suggestions in the reports herewith submitted.
LUNATIC ASYLUM.
A most gratifying exhibit of the operations of the Lu-

22

JouRNAL OF THE SENATE

natic Asylum during the past year, is presented in the accompanying report of the Board of Trustees. According to the report, the cost to the treasury for maintaining the institution in the year 1875, was over 20 per cent. less than the average cost for the three previous years; while the number of inmates was 20 per cent. greater than the average number for the same period. This diminution of expenses is due, partly, to the reduced cost of subsistence and clothing, and, materially, to the judicious economy exercised by the Steward and by the medical staff of the Asylum.
Attention is called to the necessity existing at this institution for a constant and abundant supply of water. It is required for healthfulness and comfort, as well as for assurance against loss by fire. The trustees have caused to be made a reliable survey and estimate, and have ascertained that an ample supply can be had at an expense of from $15,000 to $r8,ooo. If, upon examination, it should be ascertained that this work is needed and practicable, the appropriation asked for by the trustees should be made.
PENITENTIARY.
The whole number of convicts received in the Penitentiary last year was three hundred and ninety-one, and the whole number remaining therein on the 3rst day of December, 1875, was nine hundred and twenty-six. The number of pardons granted during the year was sixteen ; the number of deaths, forty-nine, and of escapes, fifty-three. For the reasons set forth in my last annual message, I renew the recommendation therein made, to the effect that there be a thorough reorganization of the Penitentiary. The adoption of a permanent system of government for the institution should not be delayed beyond the present session. The views of the Principal Keeper upon this subject, set forth in the accompanying report, are expressed with great clearness, and with a force of reasoning which entitles them to the fullest consideration.

..

JANUARY I2, I876.

23

THE MACON & BRUNSWICK RAILROAD.
By a joint resolution of the General Assembly, approved
March 6, I875, the Governor was directed to sell the Macon & Brunswick Railroad, either at public or private sale, on
such terms and for such price in money or in bonds of the State or of the company as he might deem consistent with the public interest. In accordance with this requirement, :all the property and franchises of the company, after proper notice, were publicly sold in the city of Macon, on the first Tuesday in June last. To prevent the sacrifice of the property at this sale, the same was purchased for the State at and for the sum of $r,ooo,ooo. A deed of conveyance for all the property so purchased has been duly executed and recorded on the minutes of the Executive Department, and also in the proper offices of the several counties through which the road passes. After the purchase was made, the road was placed under the management and control of a Board of Directors, consisting of E. A. Flewellen, of the county of Upson, and \V. A. Lofton and George S. Jones, of the county of Bibb. Among the accompanying documents is submitted the report of this Board, showing the operations of the road since the same was placed under their management. I also transmit herewith the report of the receiver, covering the portion of the year I875 prior to the date of said sale. The net earnings of the road during last year were very small in consequence of the large expenditure for repairs. The track is now in good order, and a considerable increase in the business of the road is reasonably expected.
In the exercise of the legal power vested in them, the Directors have advertised that they will offer the road for sale on the 25th day of January, instant. The law provides that any contract for the sale or lease of the road, to be binding on the State, must have the approval, in writing, of the Governor endorsed thereon. This provision ren.ders it especially proper that I should here present a brief

24

JOURNAL OF THE SENATE

statement of my views in reference to the policy which should be pursued by the State with regard to this road.
As a general proposition, it is doubtless true that the State should not own or operate railways. This road,. however, has already become the property of the State, and it should not be parted with, except for an adequate consideration. The Commonwealth has already been more than repaid the cost of its construction, in the increased value which the road has given to property in the section of the State through which it passes. A large increase of business over the line of the road may be confidently expected at no distant day. The statistics show that nearly one-fifth of the lumber exported from the continent of North America goes to sea from the coast of Georgia, and it is reasonable to conclude that this proportion will be largely increased. This road traverses, for a great portion of its length, the best lumber region on the continent, and it may be safely assumed that the transportation of this product alone will, in time, furnish it with profitable employment. If an adequate offer for the purchase or lease of the road should be made, it ought to be accepted; but in no event should its present character, as an independent thoroughfare, be changed.
NORTH & SOUTH RAILROAD.
Submitted herewith, is the report of the receiver of the property of the North & South Railroad Company for the year 1875 The road has been kept in repair and operated without expense to the State ; but the report shows that an increase of expenditures above the probable receipts will become necessary the present year. Unless otherwise directed by the General Assembly at the present session, the.property of this company will be offered for sale early in the ensuing Spring.
DEPARTMENT OF AGRICULTURE AND GEOLOGICAL SURVEY.
Acompanying this communication, are the several re_ ports of the Commissioner of Agriculture and of the State

JANUARY 12, 1876.

25-

Geologist. The duties imposed by law upon these officials. respectively, have been performed with ability and fidelity.
The report of the Commissioner of Agriculture is repiete with valuable information, which should be generally circulated among the ~agriculturists of the State. The publication of a Hand-Book of Agriculture has necessarily been delayed, on account of the great labor of preparing it.
The report of the State Geologist clearly indicates the progress made in the survey during the past year. The field notes, and other information of the survey, are too voluminous to be incorporated in the report. A detailed report will be prepared for the press during the Winter months, while the field work is necessarily suspended.
The Geological survey should be completed as soon as. practicable, and the Department of Agriculture should at once be placed upon the best possible footing. I respectfully recommend, ther.efore, that the additional appropriations needed for these objects be made.
BOARD OF HEALTH.
Under authority of an Act, entitled an "an Act to create a State Board of Health for the protection of life and health, and to prevent the spread of diseases in the State of Georgia, and for other purposes," approved February 25, 1875, the following named physicians were appointed as Sanitary Commissioners, one from each Congressional District in the State, to-wit:
For the 1st District, J. G. Thomas, M. D. For the 2d District, Benj. M. Cromwell, M. D. For the 3d District, Geo. F. Cooper, M. D. For the 4th District, F. A. Stanford, M. D. For the 5th District, Joseph P. Logan, M. D. For the 6th District, C. B. Nottingham, M. D. For the 7th District, G. W. Holmes, M. D. For the 8th District, H. F. Campbell, M. D. For the 9th District, H. H. Carlton, M. D.
These Commissioners convened at the capital on the 9tbl

26

o JouRNAL

THE SENATE

<lay of June last, and, together with the Attorney General, the Comptroller General and the State Geologist, organized under the authority of said Act ''The Board of Health of the State of Georgia."
Accompanying this communication, will be found the first annual report of the Board, to which I respectfulfy invite the attention of the General Assembly. The report sets forth briefly the transactions of the Board at its first annual meeting, and serves to illustrate, -in a measure, the objects of its organization.
This Board should be generously sustained by the State, and to this end I recommend that the law be so amended as to secure the collection of statistical information in the manner suggested in the report. I further recommend that the annual appropriation for the support of the Board be increased by an amount sufficient to defray the expense Qf publishing its reports and transactions. The information collected by the Board should be disseminated among the people under the auspices of its own members.

CONSTITUTIOi\AL AMENDMENTS.
I respectfully call the attention of the General Assembly to the Act entitled "an Act to alter and amend the 2d section of Article II. of the Constitution of the State of Georgia, so far as relates to the residence of voters," approved February 24, 1875. This Act has been passed by two suc<:essive Legislatures, and only needs the approval of the people to become a part of the Constitution. There is no law providing for the submission of this amendment for ratification. I respectfully suggest the passage of a measure directing the manner in which all amendments of the Constitution shall be submitted to a vote of the people.
CONCLUSION.
In concluding this communication, it is not improper to state that the public credit has steadily continued to improve, and may now be justly considered as firmly re-

jANUARY 12, 1876.

27

established. The public debt was reduced to a slight extent the past year, and will be still further reduced during the present year. It is now believed that, with the abandonment of the ruinous policy of State aid to railway enterprises, and a faithful administration of our finances, the public debt will continue to be reduced, and with it the rate of taxation. The tax imposed by the State is onehalf of one per cent., which is light, compared with the rate levied in other States; but, small as it is, it is our duty to reduce it at the earliest possible day. But for the burdens imposed upon us by those who came into power under the reconstruction laws, our indebtedness, as well as our taxes, would be trifling in amount. As it is, much the larger part of the taxes paid by the people-at least sixty per cent. or more-is levied by the local authorities for county purposes. This was rendered necessary, to a large extent, by the ravages of war. In many counties court houses, jails, bridges and highways had to be rebuilt or repaired; while the increase of crime and litigation, resulting from the emancipation of the colored race, has added largely to the expense attending the administration of justice.
The past year has been one of unusual financial stringency with our people. The seasons have been unpropitious for our great staple, and the price has not been remunerative. As a consequence, the farmer has been cramped in his resources, the merchant has not prospered, and, in sympathy with these, all classes have suffered from the depression in business. But, with the State in the hands of her own people, and our public debt ascertained and defined; with a system of public schools for the education and enlightenment of the rising generation; with a Geological Bureau to search out and make known our hidden resources; with an Agricultural Department to stimulate and encourage our leading industry, and with a Sanitary Board charged with the important duty of collecting vital

28

JouRNAL oF THE SENATE

statistics and promoting the health of the people-with all these, and the countless other helps and advantages we possess, it will be our own fault if we do not at an early day relieve ourselves of the heavy burdens under which we now labor. These burdens were placed upon our shoulders, for the most part, by unfriendly hands. The duty of the hour is to remove them, and not to repine over the past. Our public debt is small, compared with our vast resources. Then, calling to our aid courage, patience and self-denial, let us labor earnestly to advance the interest of the Commonwealth, confident, in the meanwhile, that a just and merciful Providence will eventually right the wrong and reward the right.
JAMES M. SMITH.
Mr. Gilmore offered a resolution that 500 copies of the message be printed for the use of the Senate, which was taken up, read and agreed to.
Mr. Kibbee moved that the portion of the message relating to the public debt be referred to the Committee on Finance; that portion on the report of the Attorney General, Constitutional amendments, Macon & Brunswick Railroad, and North & South Railroad, to the Committee on the Judiciary; and the remainder of the message to appropriate committees, which was agreed to.
On motion, the Senate then adjourned until 10 o'clock to-morrow morning.

SENATE CHAMBER, ATLANTA, GA., } Thursday, '.January 13, 1876, 10 o'clock a. m.

The Senate met according to adjournment, and was

opened with,prayer by Rev. Mr. Duncan, the Chaplain.

The roll was called, and the following Senators were

present and answered to their names, to-wit-Messrs.

Arnow, Black,

Hester, Hopps,

McDaniel, McDonald,

JANUARY 13, 1876.

29

Blance, Brimberry, Cain, Cannon, Carter, Cooper, Crawford, Deadwiler, DuBose, Felton, Freeman, Gilmore, Graham, Harris,

Howell, Hudson,
of the 25th, Hudson,
of the 28th, Kibbee, Knight, Matthews, Mattox, McAfee,
of the 32d, McAfee,
of the 39th,

Newborn, O'Daniel, Payne, Peavy; Perry, Robinson, Rutherford, Slaughter, Wilcox, 'Wilson, Winn, MR..PRESIDENT.

The roll was called for the introduction of new matter,

when the following bills were introduced, and severally read

the first time, to-wit:

By Mr. ArnowA bill- to protect the ballot in this State.

By Mr. Black-

A bill to protect and encourage the agricultural interests

in this State, and for other purposes.

By Mr. Felton-

A bill to consolidate the offices of Tax Receiver and Tax Collector of the county of Macon.

By Mr. W. H. McAfee-

A bill to incorporate the Pigeon Roost Gold Mining Company.

Also, a bill to amend the charter of the Lumpkin Ches-

tatee Fluming & Mining Company.

Also, a bill to incorporate the Chestatee Quartz Mining

and Sluice Washing Company.

By Mr. Wilson-
A bill for the relief of R. N. Varnell, Tax Collector of

the county of Whitfield, and his sureties.

30

}OURNAL OF THE SENATE

Mr. Harris offered a resolution that the Senate and House of Representatives convene at 12 o'clock m., this day, in the Representative Hall, for the purpose of electing a State Treasurer, which was taken up, read and agreed to.
Mr. Kibbee moved that the documents accompanying the Governor's message be referred to appropriate committees, and that three hundred copies be printed for the use of the Senate, which was agreed to.
The Senate took up the following bills, which were read the second time and referred to the Comm'ttee on the Judiciary, to-wit:
A bill to extend the jurisdiction of Justices of the Peace and Notaries Public in the county of Camden.
Also, a bill to punish any person who shall furnish any minor with any deadly weapon.
Also, a bill to amend an Act for the prevention of cruelty to animals.
Also, a bill to amend an Act to prohibit the sale of intoxicating liquors in the county of Putnam, and for other purposes.
The Senate took up a bill to incorporate the Brunswick Banking and Trust Company, which was read the second time and referred to the Committee on Banks.
The following message was received from the House of Representatives through Mr. Sweat, the Clerk thereof. to-wit:
Mr. Presidmt : The House of Representatives has concurred in the
following resolution of the Senate, to-wit:
A resolution to convene both Houses in the Representative Hall for the purpose of electing a State Treasurer, and I am ordered to transmit the same forthwith to the Senate.
Mr. Kibbee introduced a bill to declare invalid and void certain six per cent. bonds of this State, which was read the first time.

}ANUARY 13, 1876.

Ql

The President appointed Mr. Cooper on the following committees, to-wit: State of the Republic, Manufactures, and Agriculture.
Mr. Kibbee offered a resolution authorizing the destruction of certain bonds of this State now on deposit in the vaults of the treasury, and that a record of the destroyed bonds be kept, which was taken up, read and agreed to.
The following message was received from his Excellency the Governor, through Mr. Warren, his Secretary, to-wit:
.Mr. Presidmt:
I am directed by his Excellency the Governor to deliver to the Senate a sealed communication, to which he respectfully invites the consideration of your honorable body in Executive session.
The hour of 12 o'clock m. having arrived, the Senate repaired to the Hall of the House of Representatives.
The General Assembly having convened, the President of the Senate announced that the business in order was an election for the office of State Treasurer, to fill the vacancy occasioned by the removal of Hon. John Jones, former Treasurer.
Hon. W. A. Harris no:ninated John \V. Renfro, of the county of Washington.
On taking the vote viva voce, it appeared that Hon. John W. Renfro had received 201 votes, and he was declared duly elected Treasurer of Georgia for the remainder of the term vacated.
The Senate then returned to the Senate Chamber. On motion, the Senate then went into Executive session. The Senate having returned to open session, oa motion~ adjourned till IO o'clock to-morrow morning.

JouRNAL OF THE SENATE

SENATE CHAMBER, ATLANTA, GA., } Fn"day, Ja1luary 14, 1876, 10 o'clock a. m.

The Senate met according to adjournment, and was

opened with prayer by the Chaplain.

The roll was called, and the following Senators were present and answered to their names, to-wit-Messrs.

Arnow, Black, Blance, Brimberry, Cain,

Harris, Hester, Hopps, Howell, Hudson,

McDaniel, McDonald, Newborn, O'Daniel, Payne,

Cannon, Carter, Chastain, Cooper, Crawford, Deadwiler, DuBose,

of the 25th, Peavy,

Hudson,

Perry,

of the 28th, Robinson,

Kibbee,

Rutherford,

Knight,

Slaughter,

Matthews,

vVilcox,

Mattox,

vVilson,

Felton, Freeman, Gilmore,

McAfee,

Winn,

of the 32d, MR. PRESIDEXT.

McAfee,

Graham,

of the 39th,

Mr. Kibbee moved to reconsider so much of the Journal of yesterday as relates to the adoption of a resolution to provide for the destruction of certain bonds of this State now in the vault of the treasury; which was agreed

to.

The roll was called for the introduction of new matter, when the following bills were introduced and severally read

the first time, to-wit:

By Mr. Arnow-

A bill to repeal an Act to amend the Constitution of

this State in reference to homestead.

Also, a bill to repeal an Act to provide for waiving and

renouncing homestead.

}ANUARY 14, 1876.

33

By Mr. BlanceA bill to legalize the election of municipal officers of Cedartown, and to adopt a new charter for said town, and for other purposes.
By Mr. FeltonA bill to authorize County School Commissioners and members of County Boards of Education to administer oaths in certain cases.
Also, a bill to amend the general school law.
By Mr. HowellA bill to make cheating and swindling a felony. Also, a bill to require mortgages on personal property to .be recorded within thirty days, and for other purposes.
By Mr. McDanielA bill to provide for the adjustment of the rights of parties where property set apart as a homestead has been sdd, and for other purposes.
By Mr. PeavyA bill to protect and preserve unimp:t=rcd the right of trial by jury in this State.
By Mr. HarrisA bill for the relief of A. B. Kerse and Barnett Kerse.
By Mr. ArnowA bill to incorporate the St. Mary's Air Line Railroad Company.
The Senate took up the following bill, which was read
the second time, and referred~to the Committee on the Ju-
diciary, to-wit : A bill to protect the ballot in this State.
The Senate took up a bill to protect and encourage agricultural interest in this State, and for other purposes, which was read the second time, and referred to the Committee on Agriculture.
The Senate took up the follow:ng bills, which were read 3

34

jOURNAL OF THE SENATE

the second time, and referred to the Committee on Finance,. to-wit:
A bill to consolidate the offices of Tax Receiver and TaxCollector of the county of Macon, and for other purposes.
Also, a bill for the relief of R. N. Varnell, Tax Collector of Whitfield county, and his sureties.
Also, a bill to declare void certain six per cent. bonds of this State, unlawfully abstracted from the Treasury of the State.
The Senate took up the following bills, which were read the second time, and referred to the Committee on Internal. Improvements, to-wit:
A bill to incorporate the Pigeon Roost Gold MiningCompany.
Also, a bill to amend the charter of the Lumpkin Chestatee Fluming and Mining Company.
Abo, a bill to incorporate the Chestatee Quartz Mining and Sluice Washing Company.
Mr. Matthews was, on motion, added to the Committee on the Lunatic Asylum.
Mr. DuBose introduced the following bills, which were severally read the first time, to-wit:
A bill to amend section 86o of the Code. Also, a bill to amend section 888 of the Code. Mr. Felton offered a resolution requesting the Governor to communicate intelligence to the Senate in relation tocertain coupons which should enter into the account of the late Treasurer, which was taken up, read and agreed to. Mr. Arnow was, on motion, added to the Committee on the Judiciary. The Senate then, on motion, adjourned till 10 o'clock a. m., on Monday next.

JANUARY IJ, 1876.

35

SENATE CHAMBER, ATLANTA, GA., } Monday. janumy 17, 1876, 10 o'clock a.m.

The Senate met according to adjournment, and was opened with prayer by Rev. Mr. Duncan.
The roll was called, and the fol19wing Senators were present and answered to their names, to-wit-Messrs.

Arnow,

Harris,

McDaniel,

Black,

Hester,

McDonald,

Blance,

Hopps,

Newborn,

Brimberry,

Howell,

O'Daniel,

Cain,

Hudson,

Payne,

Cannon,

of the 25th, Peavy,

Carter,

Hudson,

Perry,

Chastain,

of the 28th, Reese,

Cooper,

Kibbee,

Robinson,

Crawford,

Knight,

Rutherford,

Deadwiler,

Lester,

Slaughter,

DuBose,

Matthews,

Wilcox,

Felton,

Mattox,

Wilson,

Freeman,

McAfee,

Winn,

Gilmore,

of the 32d, MR. PRESIDENT.

Graham,

McAfee,

of the 39th,

Mr. Lester, chairman of the Committee on the Judi~ ciary, made a report, which was read.

The roll was called, and the following bills were intrcduced and severally read the first time, to-wit:

By Mr. ArnowA hill to amend the charter of Brunswick.

By Mr. Black-

A bill to define the liability of parties cropping on

shares, and for other purposes.

Also, a bill to define in certain cases a public nu!s:in.ce, and to provide for its abatement.

36

JouRNAL OF THE SENATE

By Mr. BlanceA bill to amend section 4402 of the Code. Also, a bill to amend section 3647 of the Code.
By Mr. CarterA bill to amend an Act to prevent the hunting on the lands of another in the county of Quitman. Also, a bill to authorize the County Commissioners of the county of Stewart to hire out persons confined in the jail of said county convicted of misdemeanors.
By Mr. ChastainA bill to repeal an Act to create a Board of Commissioners for the county of Gilmer. By Mr. DeadwilerA bill to legalize the acts of the Georgia Medical Eclectic Board of Physicians. By Mr. GilmoreA bill to provide for the sale of property set apart as a homestead, and for other purposes. By Mr. HarrisA bill to regulate the pay of jurors m the county of Worth. Also, a bill to authorize the settlement of certain claims e>f Wm. H. Hulsey, former Solicitor of the Coweta Circuit. Also, a bill to amend section 383 of the Code. By Mr. HesterA bill to prohibit the sale of ardent spirits within three miles of Holly Springs Baptist Church, in the county of Elbert. Also, a bill to prevent the crime of murder committed by mob or lynch law. Also, a bill to amend the jury laws of this State. By Mr. HoppsA bill to change the line between the counties of Wayne and Appling. Also, a bill to require the Tax Receivers of the counties

}A~UARY 17, 1876.

37

of Pierce, Appling and Wayne to fur-nish tax payers with a receipt for land given in for taxation.
By Mr. HowellA bill to facilitate the enforcement of payment of money due the State from Penitentiary convicts.
By 1\Ir. W. I. HudsonA bill to repeal an Act to provide for the return of farm products. By Mr. KibbeeA bill to provide for the issue of bonds for the purpose of retiring the recognized bonds of the Macon and Brunswick Railroad Company, and of the North & South Railroad Company, endorsed by the State.
By Mr. McDanielA bill to provide for the sale or encumbrance of property set apart as a homestead. Also, a bill to prescribe the mode of taxing -shares in any banking company. By Mr. O'DanielA bill to transfer the county of Twiggs from the Macon Circuit to the Oconee Circuit, and to fix the time of holding the Superior Courts of the Oconee Circuit. By Mr. PeavyA bill to amend an Act to preventthe destruction of insectiverous birds in certain counties therein named. By Mr. ReeseA bill to authorize Peterson Thweatt to sue the State for his claim against the State for services rendered as Comptroller General of said State. Also, a bill to amend section 2353 of the Code. Also, a bill to fix the place where awards shall be returned and recorded. Also, a bill to provide for the publication of the laws of this State. Also, a bill to relieve the officers and agents of the Georgia Railroad Company.

38

JouRNAL OF THE SENATE

Also, a bill to make minors parties to legal proceedings in this State, and to prescrihe the manner thereof.
Also, a bill to amend the charter of the Bank of Washington.
Also, a bill to amend an Act to provide for the payment of insolvent criminal costs in the Northern Circuit.
Also a bill to define and punish criminal negligence. Also, a bill to limit the time in which judgments may be set aside. Also, a bill to provide for making returns of removed administrators. Also, a bill to regulate the law of larceny in this State. Also, a bill to amend the homestead laws of the State of Georgia. Also, a bill to provide for the summary establishment of lost papers. Also, a bill to provide for the better collection of State and county taxes. By Mr. WinnA bill to declare the common law doctrine as to persons holding life estates, with remainder over to other persons. Also, a bill to consolidate the offices of Tax Receiver and Tax Collector, and to provide a salary therefor.
By Mr. BlackA bill to amend section 4423 of the Code.
The following message was received from the House of Representatives, through Mr. Sweat, the Clerk thereof, to-wit:
Mr. Presidmt: The House of Representatives has passed the following
bills, to-wit: A bill to be entitled an Act to amend the charter of the
,city of Milledgeville. Also, a bill to be entitled an Act to provide for obtain-
ing private ways to:timber landings in the county of Emanuel, and for other purposes.

JANUARY 17, 1876.

39

Also, a bill to be entitled an Act to "organize a Criminal Court for the county of Heard.
Also, a bill to be entitled an Act to repeal an Act to consolidate the offices of Tax Receiver and Tax Collector with the office of Sheriff, in the county of Union.
Also, a bill to provide for the compensation of jurors in Raldwin, Jefferson and Quitman counties.
The following message was received from his Excellency the Governor, through Mr. Warren, his SeGretary, towit:
.JWr. Presidmt: I am directed by his Excellency the Governor, to deliver
to the Senate a communication in writing, with accompanying document.
The message of his Excellency was taken up and read, and is as follows, to-wit :

EXECUTIVE DEPARTMENT, }
Atla11ta, Ga., Ja11uary 16, 1876. To tlze Gmeral Assembl;':
I have the honor to transmit herewith the report of Messrs. Thomas L. Snead and Charles C. Kibbee upon the account of the State of Georgia with Henry Clews & Co., of New York. It was hoped that this report would be ready for transmission to the General Assembly with the annual message, but the preparation and receipt of it were unavoidably delayed.
The firm of Henry Clews & Co. acted as financial agent -of the State, during the administration of Governor Bullock. A correct statement of their transactions as such agent has been diligently sought, but hitherto, without success. In the statement of account heretofore presented by them, they have claimed a balance due from the State of $170,043-05. It was reasonably believed that this state. ment was incorrect, and the balance so claimed was not allowed. The correctness of this opinion is clearly shown by the investigation made by Messrs. Snead and Kibbee.

40

jOURNAL OF THE SENATE

As early as the month of December, I873, Mr. Snead~

of Nevy York, was engaged to examine the accounts of

Henry Clews & Co. He met with difficulties, however ;

first, on account of opposition to the investigation, upon

the part of Mr. Clews himself; and then because of the

bankruptcy of said firm and the litigation consequent there-

upon. In the month of May, I875, Mr. Snead was given

free access to the books of the company, and obtained im-

portant information for the State in regard to the condition

of the treasury.

In the Summer of I 87 5 I succeeded in engaging the ser-

vices of the Hon. C. C. Kibbee, who, jointly with Mr.

Snead, made the investigation, of which the result is con-

tained in their report. From a brief summary of this re-

sult, presented in the report, it will be seen that, instead

of the State being indebted to Henry Clews & Co., as.

claimed by them, in the sum of $I70,043.05, the latter

owe the State a balance, on account, of $I 70,227. 42.

The report is the result of a laborious and pains-taking

investigation, and is both comprehensive and satisfactory.

It has entirely removed the necessity for any further in-

quiry into the account of the State with Henry Clews &

Co. The authors of it are entitled to adequate remunera-

tion for their services, and I recommend such an appro-

priation therefor as the General Assembly may deem just

and proper.

JAMES M. SMITH.

Leave of absence was granted to the Doorkeeper for to- day, on account of sickness.
Mr. Howell introduced a bill to incorporate the Harper Sewing Machine Company, which was read the first time.
Mr. Kibbee, chairman of the Committee on Finance,. made a report, which was read.
The Senate took up the message of his Excellency i11t reference to the account of Henry Clews with the State,. which was read and referred to the Committee on Finance..
Mr. Kibbee, appointed by the Governor to investigate

JANUARY IJ, 1876.

41

the indebtedness of Henry Clews to the State, made the following report, which was referred to the Committee on Finance, to-wit :
REPORT.
To the Hon. James M. Smith, Govcnzor of State of Georgia:
'vVe respectfully submit to your Excellency the following report upon the account of Messrs. Henry Clews & Co. with the State of Georgia:
By your direction one of us began the examination of these accounts in the month of December, 1873, but the difficulties in his way, arising, first, out of Mr. Clews' apprehension that the investigation was not to be made in good faith, but for the purpose of learning facts to be used to the prejudice of his firm; and arising, next, out of the financial embarrassment and eventual bankruptcy of Messrs. Clews & Co., and the litigation consequent thereupon, interrupted the successful prosecution of the investigation until about the month of May, 1875, when the assets, together with the books of accounts, etc., of the original and later firms of Henry Clews & Co., came finally
into the possession and under the control of J. Nelson
Tappan, Esq., assignee in bankruptcy of the older firm of Henry Clews & Co., and of C. F. Timpsom, Esq., assignee of the later firm. As soon as these gentlemen and their advisory committee of creditors were satisfied that the State of Georgia really desired to settle its accounts with Messrs. Clews & Co., fairly and justly, and that the investigation would be directed, in perfect good faith, to that end, they gave the attorney of the State free access to the books of account, correspondence and other papers of Messrs. Henry Clews & Co., and submitted them unreservedly, and without limitation, to his inspection and examination, and gave him every facility for prosecuting the investigation, and at once furnished to him, for the use of the State, important information, which your Excellency had asked for and wished to use in investigating the condition of the State treasury.

42

JouRNAL OF THE SENATE

Shortly after this time-that is to say, about the 16th of July, 1875-your Excellency instructed us to conduct this investigation jointly. Since then we have, together, made a careful and thorough examination of all the books, papers, accounts and correspondence of Messrs. Henry Clews & Co., so far as these relate to the transactions of that firm with the State of Georgia, and have, together, inspected every voucher which enters into these accounts, .and read carefully all the correspondence between Messrs. Clews & Co. and Governor Bullock, Mr. H. I. Kimball and others, and, for the better comprehension of the matters which we were investigating, have, from time to time, :sought and obtained the explanation by Governor Bullock and others of matters peculiarly within the knowledge of each of them ; and, as the result of our labors, we confidently present to your Excellency what we believe to be a correct statement of Messrs. Clews & Co.'s account with the State of Georgia.
The basis of our investigation has been an account current rendered to the State by Messrs. Henry Clews & Co., a copy of which has been long in your possession. This .account current is in the form of four separate accounts.

1. The State of Georgia in account current with Henry Clews & Co.
2. The State of Georgia, Bond Redemption Account, in account with Henry Clews & Co.
3 The State of Georgia in account current with Messrs. Oews, Habicht & Co.

4 The State of Georgia in account current with Henry Clews & Co.-this being a continuation of the first mentioned account, and embracing, also, the second and third .accounts.
An analysis of the several accounts shows that they comprise the following matters :

43
The State is debited withI. Amounts made upon drafts drawn by Governor Bullock upon Messrs. Clews & Co.
II. Amounts deposited by Governor Bullock's order with the Fourth National Bank to the credit of the State.
III. Amounts paid upon drafts drawn and notes made by Foster Blodgett, Superintendent of the Western & Atlantic Railroad Company.
IV. The payment of certain gold coupons. V. The payment of certain coupons for interest on the endorsed bonds of the Alabama & Chattanooga Railroad Company.
VI. The payment of certain past due bonds of the State of Georgia, and interest thereon.
VII. The payment of sundry bills for printing and advertising.
VIII. Commissions, interest and charges.
The State is credited with-
IX. The proceeds of the sale of $1,750,000 gold and quarterly bonds.
X. $6,000 cash. All of these transactions took place between the 10th of September, 1870, and the 16th of October, 187J, inclusive, .except that the State is credited on the zsth of July, I87J, with $86, 500, being the proceeds of the sale of $1 oo, 000 gold quarterly bonds, and the 15th of December, 1874, . with $29,9 I 1. 50, being the alleged avail of the sale of certain past due bonds of the State. We are of opinion, for reasons given further on in this report, that neither of these two items enter properly into these accounts. We shall now take up and dispose of the several above mentioned matters, each in order, after first making a succinct statement of the circumstances under which this :account was opened, and of the terms and conditions upon

44

JouRNAL OF THE SENATE

which Messrs. Clews & Co. agreed with Governor Bullock to make advances and loans to the State.
On the 18th day of July, 1870, the Committee of the Military District of Georgia notified Governor Bullock that, in consequence of the passage by Congress and approval by the President of an Act ''to admit Georgia to representation in Congress," the State Government, which, until then, had only a provisional character, would be by him permitted to enter upon the discharge of its constitutional functions. This fact having been communicated by the Governor to the General Assembly, which was then in session, that body gave its immediate attention to the finances of the State, and quickly learned that there was no money in the treasury for the payment of the ordinary expenses of the State Government, not even for the payment of the current expenses of the General Assembly. Bills were immediately introduced authorizing the Governor to borrow money to meet these expenses, and on the 18th of August, 1870, the Finance Committee reported a bill authorizing the Governor to borrow sufficient money on the credit of the State, on such terms as to him shall seem best, to pay off the officers and members of the General Assembly. This bill was pressed to its passage, and by the Governor's approval became a law on the 27th of August, 1870.
(For a copy thereof, see Exhibit "A.")
Meanwhile, the Finance Committee had, upon the recommendation of Governor Bullock, reported a more comprehensive bill as to the finances of the State, entitled "an Act to authorize the issue of bonds of the State, whereby to redeem all bonds and the coupons thereon, now due or falling due, and for other purposes therein mentioned."
This bill, after having been amended in some important particulars, became a law, by the Governor's approval, on the 15th of September, 1870. (A copy thereof is hereto appended as Exhibit " B.")

jANUARY IJ, 1876.

45

Doubts having arisen as to the true intent and meaning of these two Acts, these doubts were sought to be removed by the passage of an Act entitled an Act to amend an Act to authorize his Excellency the Governor, to borrow a sufficient amount of money on the credit of the State, on such terms as to him shall seem best, to pay off the members and officers of the General Assembly, approved August 27, 1870."
(This amendatory Act was approved October 5, 18;o, and a copy thereof is appended hereto as exhibit "C.")
We append copies of these laws, because most of the transactions embraced in the accounts of Messrs. Clews & Co. with the State grew out of the enactment of these three laws, and are to be considered with reference to them. As these laws relate each to the other, and must be so construed, we have grouped them together. In doing this we have departed from the chrononogical order of events, to which we now return.
Upon the passage of the Act of August 27, I8JO, Governor Bullock undertook to negotiate the loans which he was thereby authorized to contract, and to that end ordered $2,000,000 of State bonds-that is to say two thousand bonds of $1.000 each-payable twenty years after date, .and bearing interest coupons payable semi-annually, to be lithographed for immediate use. And while the bonds were being prepared, he concluded, at Atlanta, an agreement with Mr. Lewis, an agent of Messrs. Henry Clews & Co., whereby the latter were to make advances to the State upon the pledge of these bonds, such advances to be made to an amount equal to fifty per cent. of the par value of such bonds as might be so deposited with them by the Governor. Under this agreement, Messrs. Clews & Co. were to receive from the State, for their advances, lawful interest thereon, and also to be paid by the State such commissions and charges as are by the custom of bankers paid in the city of New York for such services.

46

JouRNAL oF THE SENATE

The bonds thus prepared under the Act of August 27, I870 (commonly known as currency bonds), were quickly executed, and on the 7th of September, I8Jo, Governor Bullock advised Messrs. Clews & Co. that he had, on thepreceding day, forwarded $150,000 of these bonds to New York by express, and would that day forward $175,000 more, and that as soon as these bonds should reach New York, John Rice, President of the Georgia National Bank, who was authorized to, and did, negotiate other loans for the State, upon the hypothecation of similar bonds, would deliver them to Messrs. Clews & Co., to be held as collateral for advances to be made by them to the State as agreed with Mr. Lewis, their agent.
On the gth and 1oth days of September, I870, $150,000 of these bonds were so deposited with Messrs. Clews & Co., and by the 24th of October, I87o, the bonds deposited with them amounted to $8oo,ooo.
At the same time that Governor Bullock advised Messrs. Clews & Co. of the shipment of the first lot of these bonds, he also advised them he had drawn upon them several drafts, amounting in the aggregate to $50,000, and that he would continue to draw similar drafts from time to time, as funds might be needed.
On the 10th of September, 1870, Messrs. Clews & Co. paid the first of these drafts, $20,000. The payment of this draft is the first item in their accounts with the State of Georgia.
(See copies of Governor Bullock's letters of September 3
and 7, I870, hereto appended. Exhibit D.)
We now come to the examination; in detail, of the items comprised in the accounts.
I. -THE AMOCNTS PAID BY MESSRS. CLEWS & CO. UPON DRAFTS MADE BY GOVERNOR BULLOCK.
The drafts paid on the lOth, I2th, I 5th and I 9th days of September; 1870, amounting in the'aggregateto $70,()()0
1
were drawn at sight on the 7th, 8th, 12th and qth day.;

JANUARY 17, 1876.

47

of that month, respectively, by Rufus B. Bullock, Governor, payable to the order of the Georgia National Bank. (Letter of September 7, 1870.)
The drafts paid on the 5th, 6th, and 8th of October,. 1870, amounting to $30,000, were drawn by Rufus B. Bullock, Governor, on the 2d, 3d and 5th of September, payable to the order of N. L. Angier, Treasurer, 30 days after date. (Letter of Sept. 3d, 1870.)
The dafts paid on the 15th, 18th, 19th, 2oth, 21st and 28th of October, and on the Ist and 7th of November,. 1870, amounting to $86,000, were drawn by Rufus B. Bullock, Governor, on the 13th, 14th, 15th, 17th, 18th, 25th and 29th of October and November 2d, respectively, payable at sight to the order of the Georgia National Bank.
The draft for $10,000, paid November 23d, 1870, was drawn on the 27th of October, 1870, payable 25 days after date; the draft for $15,000, paid November 29th, was drawn October 27th, 1870, payable 30 days after date; the drafts for $10,000 and $15,000, paid December 1st and December 3d, 1870, were drawn October 27th, payable 30 and 35 days after date, respectively. These four drafts, amounting to $50,000, were all drawn by Rufus B. Bullock, Governor, payable to the order of the Georgia National Bank.
The five drafts paid on the 7th, 8th, 10th and 12th days. of April, 1871, were drawn by Rufus B. Bullock, Governor,. on the 3d, 4th, 6th, 7th, and 8th of February, payable, each 6o days after its date, to the Georgia National Bank. They amount to $100,000.
The five drafts paid on the Ist, 3d, sth, 8th, and lOth of May, 1871, were drawn by Rufus B. Bullock, Governor, on the 27th of February, and the Ist, 3d, 6th and 8th of March each, for the payment of $20,000, sixty days after date, to the Georgia National Bank.
The aggregate amount of all the above mentioned drafts is $436,000. These drafts are all drawn by Rufus B. Bul-

JouRNAL OF THE SENATE

lock, Governor, and are countersigned by R. H. Atkinson, Secretary of the Executive Department, and bear the impress of the seal of that department. Governor Bullock also advised Messrs. Clews & Co. of the drawing of all these drafts, and requested them to accept and pay the same. They constitute a proper charge against the State.
(See Governor Bullock's letters, hereto appended, of September 3d and 7th.)

II. -AMOUNTS DEPOSITED BY MESSRS. CLEWS & CO., WITH THE 4TH NATIONAL BANK, TO THE CREDIT OF THE STATE, BY DIRECTIOC'< OF GOVER:-IOR BULLOCK.

The following amounts appear by certificates of the 4th

National Bank to have been deposited with it by Messrs.

Clews & Co., to the credit of the State :

January 3, I87 I January 5, I87I . January I7, I8JI . February IS, I8JI April I, I87I, $5,000 gold .

. $ IOO,OOO 00
so,ooo 00
25,000 00
IO,OOO 00
s. S28 12

April 20, I8JI, $I,OOO gold . . . May 4, I87I . . . . . . . . . May IO, I87I, $5,000 gold .. .

I,II7 SO
s,ooo 00 s,ooo 00

May IO, I87I, $5,000 gold_ .

s.s68 7S

July I, I87I, $5,000 gold . . . July I2, I87I,~$5,000 gold . . . September 6, 1871, $2,000 gold
September JO, I871, $2,000 gold

s,668 75 s,637 so
2,270 00
2,297 so

These deposits, amounting to . . . . $223,088 12 are properly charged: to the State of Georgia by Messrs. Clews & Co.

IIJ.-A)lOUNTS PAID UPON DRAFTS DRAWN, AND NOTES MADE, BY FOSTER BLODGETT, SUPERINTENDENT OF THE WESTERN & ATLA~TIC RAILROAD.
(r.) Notes payable to the Tennessee Car Company, .and to E. N. Kimball, Manager.

JANUARY 17, 1876.

49

In the accounts of Messrs. Clews & Co., the State is

.charged with the payment of six of these notes :

February 3, I8JI-note and charges . . . $ 6,177 56

February 24, 1861-note and charges . .

8,281 53

December 20, 1870-note and charges .

8,283 31

January 6, I8JI-note and charges.

6,236 03

January 31, I8JI-note and charges

6,503 97

March 22, I8JI-note and charges .

12,007 70

$47.490 10 (Copies of these notes are hereto app<!nded as Exhibit E.)

The only authority by virtue of which these notes ap-

pear to have been made seems to have been derived from

the following contract :

"Georgia, Fulton county. The Tennessee Car Com-

pany, by E. N. Kimball, Manager, and the \Vestern & Atlantic Railroad, by Foster Blodgett, Superintendent,

agree as follows: The Tennessee Car Company are to furnish and deliver to the Western & Atlantic Railroad fifty box cars of usual height and width, with double roof of clear pine grooved sheeting, and flooring of matched pine,

and made after latest patterns, thoroughly braced, trussed

and inned, for the price of $850 per car. The Tennessee

Car Company are to commence delivering the cars at Chat-

tanooga or Dalton within sixty days, and deliver all within

ninety days.

'

"The Tennessee Car Company, by E. N. Kimball,

Manager.

"The \Vestern & Atlantic Railroad, by Foster Blodgett,

Superintendent.

"Atlanta, Georgia, April 5, 1870.

''Approved:

RuFus B. BULLOCK,

"Governor and ex-offi::io President 'W. & A. R. R."

Two of the notes in question, the one dated July 14, 1870, for the payment of $8,280, seven months after date, to the Tennessee Car Company, or order, and the other
4

50

JOURNAL OF THE SENATE:

dated July 25, 1870, for the payment of $6,176 to the Tennessee Car Company, six months after date, -both for value received in freight cars, seem to have been made under pretext of the above contract, and they are regular in form and appearance-that is to say, they are -made by "The Western & Atlantic Railroad, by Foster Blodgett, Superintendent," are payable to the "Tennessc e Car Company, or order," and bear the memorandum, ''State property requires no stamp," and, moreover, Messrs. Clews & Co. were instructed by Governor Bullock to pay them. V/e are, therefore, of opinion that they are properly charged against the State, the one on the 3d of February, 1871, the other on the 24th of the same month, together with the costs of protest.
(See Governor Bullock's telegram, February 3, 187r. Exhibit "F.")
As to the remaining four notes, we are advised thdt, except the contract above quoted, there has never existed any authority under which these notes, and others similar thereto, could have been legally made; that at least no mention of any such authority can be found, after diligent search in the records of the 'vVestern & Atlantic Railroad, or in those of the Executive Department of Georgia. Now, this contract authorizes the payment of only $42,500. But the six notes held by Messrs. Uews & Co. amount to $47,378.33, and, moreover, similar notesforalargeamount have been paid out of the State treasury, and two others, amounting to over $20,000, are known to be outstanding.
The sus~)icion excited by a knowledge of these facts is confirmed by an examination of the notes themselves, and by the significant fact that while Governor Bqllock ordered the payment of the two notes which are regular in form and appearance, we cannot find that he ever authorized
the payment of the remaining four, but we ate, on the contrary, assured by him that he never did approve therr,
or order them to be paid. It is true that there is attached

JA~UARY 17, 1876.

51

to one of the irregular notes an order upon Messrs. Clews & Co. to pay it, signed "H. I. Kimball, Agent State of Georgia." But we have not been able to find any authority upon the part of Mr. Kimball to order the payment of the note, or to act in the matter as agent of the State of Georgia.
But to return to an examination of the notes themselves. Such an examination shows that four of these notes differ materially in form from the two which we have allowed, , and that each of them bears upon its face proof that it was not executed in pursuance of any contract between the Western & Atlantic Railroad and the Tennessee Car Company. The two notes which were so executed are expressed to have been "for value received in freight cars;" are dated at the office of the Superintendent of the Western & Atlantic Railroad; are signed, as they legally should be, "The 'Western & Atlantic Railroad, by Foster Blodgett, Superintendent;" are payable "to the Tennessee Car Company or order," and are unstamped.
Each of the remaining four notes is defective in two or more of these essential particulars. They are all stamped. Two of them are not dated at the office of the Superintendent of the Western & Atlantic Railroad; nor are they made by the Western & Atlantic Railroad, but are, in form and substance, the individual notes of Foster Blodgett.
The other two are not payable to the order of the Tennessee Car Company, and not one of the four purports to have been made 'for value received in freight cars."
We are of the opinion that the Western & Atlantic Railroad was never liable for the payment of these notes, and that Messrs.Clews & Co. having p~id them improvicently, and without authority, cannot charge the State with their
payment.
(2.) Notes to J. Boorman Johnston & Co.
On the 30th of June, 1870, the Western & Atlan~:c Railro:1d, by Foster Blodgett, Superintendent, n-ade a not~

52

JouRNAL oF THE SENATE

for the payment of $25,000 to Messrs. J. Boorman Johnston & Co., six months after date; and on the 15th of November, I8JO, a similar note for the payment of a like amount to the same parties, sixty days after date. One of these notes matured, and was, by request of Governor Bullock, paid by Messrs. Clews & Co. on the 3d of January, I 87 I ; the other on the I7th of the same month.
From the evidence taken in I872 by "the committee appointed to investigate the official conduct of Rufus B. Bullock, late Governor of Georgia," it appears that these notes were given for money loaned to the Western & Atlantic Railroad by Messrs. J. Boorman Johnston & Co., at the request and by authority of Governor Bullock; that the money thus obtained was deposited in New York to the credit of I. P. Harris, Treasurer, and that it was by him drawn through.the Georgia National Bank.
(See report of committee, p. I 26.) (See Bullock to Clews & Co., December 26, I8JO, Exhibit "G.")
(3.) Drafts in favor of the East Tennessee, Virginia & Georgia Railroad Company.
The Western & Atlantic Railroad, by its Superintendent, Foster Blodgett, drew two sight drafts upon Messrs. Clews & Co., on the 30th of December, I87o-the one for the payment of $I3,646.o8, and the other for the payment of $5,46o.38, to the order of James G. Mitchell, Treasurer of the East Tennessee, Virginia & Georgia Railroad Company. Both of these drafts bear upon their face the approval of Governor Bullock, and were paid by Messrs. Clews & Co., upon his request, January 3, I871.
(See letter of Bullock to Clews & Co., December 30, 1870, included in Exhibit "G.")
(4.) Drafts in favor of the Nashville & Chattanooga Railroad Company.
On the 26th of December, I8JO, four (4) drafts, each for the payment of $25,000, to the order of E. \V. Cole, Pres-

JMWARY 17, 1876.

53

ident of the Nashville & Chattanooga Railroad Company, 15, 30, 45 and 6o days after date, respectively, were drawn upon Messrs. Henry Clews & Co. by the Western and Atlantic Railroad, by Foster Blodgett, Superintendent, and on the 25th of February, I8]1, two other drafts were drawn by the Western & Atlantic Railroad, by its Superintendent, upon Messrs. Henry Clews & Co., for the payment, one of $26,776.85, and the other of $1,65331, to the order of E. W. Cole, President, three days after sight. These drafts are all approved upon their face by Governor Bullock. They matured January 13th and 28th, February 12th and 27th, and March 8th, 18]1, and were, by request of Governor Bullock, paid by Messrs. Henry Clews & Co.
(See Governor Bullock's letters December 2oth and 26th, 1870; see Governor Bullock's letter December 25th 1870, -included in Exhibit "G.")
(5.) Notes given to the Ohio Falls Car and Locomotive Company.
There are seven of these notes-six of them for the payment each of $5,000, and one for the payment of $3,500 to the order of the Ohio Falls Car and Locomotive Company, one month after date. They are all made by the Western & Atlantic Railroad, by Foster Blodgett, Superintendent, and are dated December 15th, 1870. They amount, with the interest thereon, to $33,5 5 I. 39, were paid by Messrs. Henry Clews & Co. on the 26th of January, 1871, upon the request of Governor Bullock.
It seems that these notes were given in payment of cars delivered by the Ohio Falls Car and Locomotive Company to the Western & Atlantic Railroad, under a contract for the sale and delivery of a larger number of cars, that in consequence of the leasing of the Western & Atlantic Railroad, this contract was annulled; that these notes were given for the value of the cars actually delivered prior to the date of the lease, and that they were not paid at maturity because the negotiations for annulling the contract were still pending at that time.

} OURNAL OF THE SENATE
(See telegram, Bullock to Clews & Co., January I7, I87I, included in Exhibit "G.")
(6.) A note dated October 8th, I870, was made by the Western & Atlantic Railroad, by its Superintendent, for the payment, four months after date, $15,625, to J. P. Stidham & Co., "for constructing the Union Depot." Messrs. Clews & Co. paid this note, upon the request of Governor Bullock, February I Ith, I 871.
(See Governor Bullock's telegram February 3, I871. Exhibit "F.") 1 (7.) On the 26th of December, I870, the Western & Atlantic Railroad made its draft upon Messrs. Henry Clews & Co. for the payment of $30,000 to Isaac P. Harris, Treasurer, thirty-five days after date. This draft bears the approval of Governor Bullock upon its face, and was, upon his request, paid by Messrs. Henry Clews & Co. on the 4th of March, I87 I.
(See letter of Governor Bullock December 28, I870, included in Exhibit "G.")
RECAPJTULATIO!\.
The following drafts and notes above mentioned seem to have been baid by Messrs. Clews & Co., by direction of Governor Bullock, and they are, in our opinion, properly charged against the State in their account. They amount, in the aggregate, to the sum OJ $291, I72. IO.
The four notes which we decline to allow, amount to $32,9I9. 24. 1. To the Tennessee Car Company, t\vo notes $I4,459 09 2. To J. Boorman Johnston & Co., two notes 50,000 oo J. To the E. T., Va. & Ga. R. R. Co., two
drafts . . . . . . . . . . . . . . I9, 106 46 4 To theN. & C. R. R. Co., six drafts. . . I28,430 I6 5 To the Ohio Falls Car and Locomotive
Company, seven notes . . . 33,55 I 39 <6. To]. P. Stidham & Co., one note. . . . I5,625 oo J. To Isaac P. Harris, Treasurer, one draft. . 30,000 oo

JANUARY I7, I876.

55

IV.-INTEREST COUPO~S OF THE GOLD QUARTERLY BONDS.

The State is charged in the account rendered by Messrs. Clews & Co. with the payment of2.373 coupons, of $I7.50, gold, each. As vouchers for these charges, we find among the assets of Messrs. Clews & Co. 2, I 3 I coupons for the payment of matured interest on the gold quarterly bonds, but the larger part of these coupons are for the payment of interest on bonds which have been declared null and void by the General Assembly. And a few of them were not paid for account of the State, and do not enter into this account.

Of the number in hand, however, I,045 are properly

charged in their a<founts against the State, and we have

given Messrs. Clews & Co. credit therefor.

\Ve also find among the papers of Messrs. Clews & Co.,

4,I50 coupons of $17.50 gold each, being the matured

<:oupons which Messrs. Clews & Co. detached from the

gold quarterly bonds, when these were respectively sold

by them-that is to say, the January, I8JI, coupons, of the

:entire amount of bonds originally consigned

to them. . . . . . . . . . . . . . I,650 coupons

The April and July coupons of the I, ISO

bonds, sold in September, I 87 I. . . . . 2, 300 coupons

The July and October coupons of the bonds

reported sold in I872.

200 coupons

Total. . . . . . .

. 4, ISO coupons.

These coupons have all been duly canceled, and exhibit

conclusive proof on their face that they were so canceled.

The existence of these coupons in this firm demonstrates

that:the State has not paid any part of the interest which

accrued upon the gold quarterly bonds before they were

sold ; that it has suffered no loss in this particular through

Messrs. Clews & Co., or any one else; and that the large

-outstanding amount of these coupons, $72,625 gold, can

neyer be made a charge upon the treasury. It is proper

I

56

JouRNAL OF THE SENATE

in this connection to mention that Messrs.:Clews & Co.'s: assignees hold a large number of coupons for the payment of interest on the gold bonds, issued under the Act of October, I 870, but they are not embraced in their account as rendered, and the State has declared that entire issue of bonds to be null and void.
V.-THE ALADA:\IA & CHATTANOOGA RAILROAD CO~IPANY'S
INTEREST COUPONS.
Governor Buliock instructed Messrs. Clews & Co. to pay the maturing interest coupons of such of the A. & C. R. R. Co.'s bonds as had been endorsed by the State of Georgia. The liability of the State for the payment of such coupons, upon default of the railroad company to meet them, was not, at that time, seriously questioned, and it was thought to be sound policy for the State to pay them promptly, so as not to impair, but rather to strengthen its credit, upon the faith of which it was then seeking to sell a very large amount of its obligations-that is to say, its gold quarterly bonds. Whether Governor Bullock's action was wise or not, does not, however, affect the liability of the State to pay back to Messrs. Clews & Co. the amounts which they paid out in taking up these coupons_ Governor Bullock's order was sufficient authority for that firm to pay the coupons and to hold them, as it does, against the State, as vouchers for such payments. The amounts charged to the State, in the account rendered, aggregate $8,650, and Messrs. Clews & Co. hold that amount of coupons. They are entitled to be credited therewith, and with all reasonable charges, and with lawful interest.
VI.-PAST DUE AXD MATURING BONDS REDEE:\IED BY MESSRSCLEWS & CO.
In the account current. rendered by Messrs. Clews & Co., the State is debited with the payment of past due bonds. . . . . . . $272,250 oo
And interest thereon to date of payment. . . 12,641 o8

jANUARY 17, 1876.

57

Among the assets of Messrs. Clews & Co., we can find of these bonds only $98, 250. They are all duly canceled, and are properly described in Exhibit "H."
The State is properly charged with the sum of $98,250 on this account, and with the amount of interest which was due upon said bonds at the time of their payment, and with the reasonable charges and commissions of Messrs. Clews & Co. in this behalf, and with lawful interest on the advances made in paying these bonds and the accrued interest thereon; and in the amended account current which we present herewith Messrs. Clews & Co. are credited with these several amounts.
But we are of the opinion that the State is not legally or fairly chargeable with the sums which Messrs. Clews & Co. may have paid out in taking up past due bonds of the State, and paying the accrued interest thereon, except where such bonds are presented as vouchers for such payments. Of the $272,500, and interest thereon, which they have charged against the State in their account current~ their assignees can produce proper and sufficient vouchers for the payment of only $98,250 and interest. For the payment of the remaining $174,000 and interest they can produce no vouchers whatever. The items making these amounts do not, therefore, enter properly into the account between the State and Messrs. Clews & Co.
We might conclude this part of our report with the preceding remarks, but the books of Messrs. Clews & Co. disclose as to these $174,000 past due bonds facts, which we think it best to submit plainly to your Excellency.
Messrs. Clews & Co. allege, and no doubt truthfully, that they did actually take up these bonds and pay the accrued interest thereon at the time set forth in their account current, and continued to hold the bonds until December
15, 1873
They further say, that on the 15th of December, 1873, acting upon the advice of their counsel, and with the as-

58

JOURNAL OF THE SE:-<ATE

sent of a committee of their creditors, they sold the $174,000 of past due bonds at public auction, in the city of New York, after giving one day's notice of such sale in the Daily Register, a newspaper published in said city, and they credited the State, December I 5, 1873, with the alleged proceeds of such sale, viz: $18,625. They claim that they had a right to sell these bonds at that time and in that way, because, as they allege, the State was largely indebted to them for advances made in taking up these bonds and on other accounts, and had refused to pay such indebtedness, or any part thereof; and this refusal, as they were advised by their counsel, gave them the right to sell the bonds and apply the proceeds of the sale to the payment -of the State's alleged indebtedness.
\Vhether the advice of counsel, and the consequent action of Messrs. Clews & Co. in this matter, were based upon a misapprehension of the facts in the case, we will inquire further on in this report, after completing the history of the transaction.
The State (as the account entered by Messrs. Clews & Co. shows) was credited, December 15, 1873, \Vith $18,625, being the alleged price for which the bonds were sold on that day. But the bonds were still in the possession of Messrs. Henry Clews & Co., as their property, on the 2d of March, 1874, for we find among the papers of that date an agreement to sell these very $174,000 past due bonds
to one J. D. Hayes, for 92 ~ per cent. net of their par
value, viz: $I6o,950; and $rs6,soo of said bonds were apparently sold and delivered to him, and he paid Messrs. Clews & Co. therefor $I44,762.50.
It is-fair to presume that the remainder of said $I74,000
past due bonds, viz: $I 7, 500, were sold by Messrs. Clews & Co. for about the same price.
Of the bonds thus alleged to have been taken up for ac<::ount of the State, and to have been afterwards sold for the sum of $18,625, about $150,000 have been since pre-

JANUARY 17, 1876.

59

sented at the State treasury for payment, and have been paid by the Treasurer, with the accumulated interest thereon.
This statement of facts, most of which are plainly disdosed by the books of Messrs. Clews & Co., and all of which are susceptible of demonstration, shows :
1. That the State is charged, in 18JI, with the redemption of bonds $174,000 and interest.
2. That the State is credited in December, 1873, with the proceeds of the sale of $174,000 past ciue bonds, $18,62S.
3. That Messrs. Clews & Co. received in March, 1874, from the sale of $174,000 past due bonds from Hayes, $144,762. so, and from other parties probably $16,187. so; total, $16o,9so.
4 That the State has outstanding only about $37,000 past due bonds of all kinds, and consequently, must have paid at its treasury the very bonds which Messrs. Clews & Co. claim to have redeemed for it in 1871.
S That none of those bonds can be found among the assets of Messrs. Clews & Co.
From this statement of facts, it seems plain to us that it would be rank injustice to debit the State with the amounts which Messrs. Clews & Co. claim to have paid out for the State in taking up $174,000 past due and maturing bonds, and in paying the accrued interest thereon, and to credit it with only $18,62S as the proceeds of the sale of the same bonds, when Messrs. Clews & Co. actually received from such sale about $160,000.
Admitting, for the sake of argument, that Messrs. Clews .& Co. did take up and pay these $174,000 bonds and the accrued interest thereon, and that the State was indebted to them on that account, and refused to pay such indebtedness, and that such refusal gave to Messrs. Clews & Co. the right to sell said bonds summarily, the State should have been credited with the actual proceeds of the sale of

60

}OUR~AL OF THE SENATE

the bonds, viz: $16o,ooo, and not with the proceeds of the summary sale at which they were bought in by or for Messrs. Clews & Co.
But Messrs. Clews & Co. had no right to charge the State with advances for taking up its past due bonds and afterwards to summarily sell said bonds for account of the State. They do not pretend, nor is there an expression in their correspondence on the subject, indicating that these bonds were taken up by them, to be held as collateral for the advances made in taking them up.
The facts all show that they took them up in the ordinary course of business for the account of the State. The very title of the account, "Bond Redemption Account," shows this-the cancelation of $98, 2 50 of the bonds, and their continued holding of the remainder long after the State's refusal to pay its alleged indebtedness confirms it. \Ve do not suppose that any one pretends seriously that bonds taken up under such circumstances could be lawfully put upon the market again by the person who had so taken them up. From the moment that the State was charged with the money paid by Messrs. Clews & Co. in taking up a bond, that bond was in their hands a voucher only, and nothing more. But even if this were not so-if, on the other hand, Messrs. Clews & Co. did hold these bonds, as they claim, as collateral for the State's alleged indebtedness to them-they still could not have legally sold them, for that the State was not indebted to them at the date of said sale is evidenced from the facts submitted in the report.
(See Exhibit ''I," containing an account of the sale, etc.}
VII.-PRINTING AND ADVERTISING BILLS.
The State is debited in these accounts with the following_ accounts:
For lithographing bonds . . . . . . . . . . $3,817 oo For advertisements as to payment of interest
and maturing bonds . . . . . . . 3, 206 9S

JANUARY I7, I876.

61

For publishing Governor Bullock's letter to Senator Scott, in Europe and America . . . . . 9,017 5I
For sundry bills of the B. R. R. . . . . . . 32 7 I 5

$16,368 6I
Though these obligations seem to have been recklessly contracted, they appear, with the exception of the last sum, $327. IS, to have been lawfully contracted, and to have been paid by Messrs. Clews & Co., by the direction, or with the express assent, of Governor Bullock. Sufficient vouchers for every payment, with a few unimportant exceptions, have been shown to us. \Ve think, therefore, that Messrs. Clews & Co. are entitled to credit for all of these payments, except the $327.15, paid for account of the Brunswick & Alabany Railroad Company, which sum must be stricken from their account.
VIII. -CO:\DIISSIOXS AND CHARGES.
In the account herewith submitted, we have allowed Messrs. Clews & Co. interest on all balances at the rate of seven per cent. a year, and a commission of one per cent. for making advances. In the account rendered by Messrs. Clews & Co., the State is charged at the rate of seven per cent. a year on the amounts advanced to it, and also a
commission of 2 Yz per cent every sixty days on the bal-
ance due by the State, together with interest on those balances.
There is much contrarity of opinion among bankers as to the proper allowance to be made for commissions, and
Messrs J. Nelson Tappan, and Mr. C. F. Timpsom, the
assignees of Messrs. Clews & Co., both of whom are experienced bankers, and gentlemen of the highest character, express their decided opinion, in a letter hereto appended, that the commissions charged by Messrs. Clews & Co., are not too great, and one of us, Mr. Snead, is disposed to .allow the commissions charged, though not the interest thereon Differing as we do upon this point, we submit

}OURNAL OF THE SENATE

the facts to your Excellency, without expressing any concurrent opinion on this particular question.

IX.-THE PROCEEDS OF THE SALE OF I,750,000 GOLD QUARTERLY BONDS.

Under an Act of the General Assembly approved Sep-

tember I 5, 1870 (hereto referred to), four millions of gold

quarterly bonds were executed.

Of these $1,000,000 were never used, but were returned

to the treasury and canceled. The remaining $3,000,000

were disposed of during Governor Bullock's administration

as follows, to-wit: $250,000, Nos. 2 to 250, and No. 653, were sent to Henry Clews & Co., October 7, 1870 (see Kimball's letter of same date appended to report), and were

afterward, that is to say, on the 22d and 23d of November, I870, delivered by the order of Governor Bullock to H. I. Kimball, in payment for the Opera House, and upon a

stipulation upon the part of Kimball that he would take up and surrender to the State a like amount of temporary

currency bonds, which had been previously delivered to

him, also in payment of the Opera House aforesaid.

These currency bonds so delivered to Kimball were not in-

tended for sale, but were to be retired by the gold quarterlies, as is evidenced by the letter of H. I. Kimball to

Henry Clews & Co., dated October 29, I87o, hereto ap-

pended.

'

One hundred thousand ($Ioo,ooo) dollars of the gold

quarterlies, Nos. 25 I to 350, were paid to J. H. James, of Atlanta, Ga., for the purchase of the Executive Mansion~

and one million six hundred and fifty thousand ($1,650,000) ,were sold by Henry Clews & Co., through the banking house of Clews, Habicht & Co., and the State is credited

with the proceeds of such sale.

One million gold quarterlies were afterwards executed. Of these five hundred thousand ($500,000,) Nos. 2001 to

2500, were delivered to Mr. Russell Sage, of New York, as security for loans previously made by him, on the faith

jANUARY 17, 1876.

63:

of $530,000 currency bonds, and as security f.Jr loans

then and thereafter to be made by him. The remaining

$500,000 quarterly bonds were deposited by Governor Bu

lock with the Fourth National Bank, and on the 25th day

of July, 187J, Governor Bullock withdrew $roo,ooo, Nos.

2501 to 2600, and deposited them with Messrs. Henry

Clews & Co. as further collateral for advances made by

them to the State.

On the-- day of

, 187-, Governor Bullock

withdrew from the Fourth National Bank one hundred

thousand ($100,000) more of these gold quarterlies, Nos.

26o1 to 2700, and hypothecated them with the New York

Loan and Trust Company, as collateral for a loan of $75,000

to the State. And the balance of the second issue of gold

quarterlies, amount $300,000, Nos. 2701 to 3000, together

with Nos. 2001 to 2500 of the first issue, delivered toRus-

sell Sage, Esq., have been since returned to the State and

canceled.

There are now outstanding of these gold quarterlies $2,000,000, Nos. 1 to 2000, and $200,000, Nos. 2501 to 2700, or a total of two million two hundred thousand dollars ($2, 200,000), of which one hundred and two thousand dollars, Nos. 797, 798, 1010, 1629, 1630, 1633, 1741, 1771 to 1774, 1791, 1792, I8I I, 1825, 1826, 1840, 2501 to 2575, 2591 to 26oo, have been declared void; leaving outstanding and recognized two million and ninety-eight thousand dollars ($z,og8,ooo).

In this connection, we call attention to the fact that in the account, as rendered by Henry Clews & Co., the State is credited with the proceeds of the sale of $roo,ooo quarterly bonds, July 25, 1872, at 86Yz-amounting to $86,soo.

This amount should be deducted from the credit allowed the State, as also two thousand dollars ($2,000), the par value of two other bonds declared by the State to be invalid under an Act framed August, 1872, pamphlet laws,

64

JouRNAL oF THE SENATE

p. 6. The State having declared these bonds invalid and void, cannot, legally and equitably, be credited with their :sale.
The State seems to have been properly credited with the price paid for the gold quarterly bonds sold by Messrs.
Clews & Co. through Messrs. Clews, Habicht & Co., of London.
Appended hereto are memoranda of the number of these quarterly gold bonds sold by Messrs. Henry Clews & Co., per account of the State. The proceeds of $500, ooo were placed to the credit of the State on the 15th of February, I87I; of $I, ISO,ooo on the 8th of September, 187I, and of $Ioo,ooo on the 25th of July, 1872. This last mentioned sale of $Ioo,ooo bonds was made after the bonds had been declared null and void, and, as has been above stated, this item has been stricken by us from the accounts. The bonds sold on the I 5th of February, 187I, bore the coupons maturing April I, I871. The coupons which matured January I, I87I, were detached and canceled, and were among the assets of Messrs. Clews & Co.
The bonds sold in September, I87J, bore the coupons which matured in October, I871. The coupons which matured prior to that time were detached and canceled, and are in the possession of the assignees of Messrs. Clews & Co. (See Exhibit "J.")
CL"RRE!\CY BONDS.
Under an Act approved August 27, I87o, and an Act amendatory thereof, approved October 5, I870 (hereto appended), Governor Bullock had prepared and issued two millions of bonds-2,000 bonds of $I,OOO each.
Of these, there are in the hands of Mr. C. F. Timpsom, assignee in bankruptcy of the second firm of Henry Clews & Co., $800,000.
With J. Boorman Johnston & Co., $I20,ooo, the same having been hypothecated with them for a loan of $8o,ooo to H. I. Kimball.

jANUARY 17, 1876.

65

With the Fulton Bank, of Brooklyn, $50,000, hypothe{:ated on loan of $35,000 to H. I. Kimball. Making a

total of 1>970,00-:J currency bonds now outstanding, the re-

maining $I,030,ooo have been returned to the State can-

celed.

THE STERLI:XG BONDS.

The assignees of Messrs. Clews & Co. also hold 30 bonds

of soo each, which, with the past due coupons thereto, and the interest which accrued upon the bonds after maturity, were taken up and paid by Messrs. Clews, Habicht & Co., for account of the State, as set forth in their account.

These bonds are, of course, held as vouchers against the

State, but ought to be delivered up to it, along with the currency bonds, canceled past due bonds, and canceled coupons, notes, drafts, etc., embraced in the accounts, and now in the possession of the assignees in bankruptcy of

Messrs. Clews & Co.

RECAPITULATION.

In the accounts hitherto submitted by Messrs. Henry Clews & Co., against the State, the State is charged with

a balance due of $170,04305, on the zoth day of October,

1871. In the account appended as an exhibit to this report, the
State is entitled to be creditedwith the sum of$170,227.42 with interest thereon, from the 16th day of Novem~er,

1871.

This difference in the two accounts is due to the fact-

I. That we have dedu::ted fro:n the account

of said firm, for bonds unpresented. . $174,000 oo

.2. For notes paid Tennessee Car Co.

32,919 22

3 For gold coupons unpresented. . . . . 23,240 oo

4 For accounts B. & A. R. R. .

327 15

together with the interest charged thereon, and have re-

duced the commission and interest account as heretofore

explained in the body of our report, and as will more fully

appear m the account herewith submitted. In making 5

66

} OUR!\'AL OF THE SENATE

out the account, we have departed from the form in which it has hitherto been presented, and we have not only consolidated the various accounts, but we have arranged each charge against the State in the order of its alleged payment, and given the State credit for sale of bonds at the reported dates thereof.
With the exception of the ''Redemption Bond Book," we have had access not only to all the books of the firm of Messrs. Henry Clews & Co., but also to their private correspondence with Governor Bullock, H. I. Kimball and others, and with these aids we have subjected each separate item of the account to careful examination. With confidence, therefore, we submit as the result of our labors, the opinion that the State is not indebted to Messrs. Henry Clews & Co. in any sum whatever; but, on the contrary, said firm is justly indebted to the State in the sum of $170,227.42, with interest thereon from the 16th day of Novembtr, 1871. Respectfully submitted,
THOMAS L. SNEAD, CHARLES C. KIBBEE.

EXHIBIT "A."
An Act to autl10rize Ius Excellency the Govemor of tlus State. to borrow sufficient money on the credit of the State, on such terms as to him shall seem best, to pay off tlze ojjicers and members of tlze General Assembly.
SxcnoN I. Be it enacted by the General Assembly, That his Excellency the Governor be and he is hereby authorized and requested to effect a loan to the State, by bond or otherwise, upon such terms as to him shall seem meet, of a sufficient amount of money to pay off the members and officers, and other expenses of this General Assembly, and thlt the T.easurer.,ofthis State meet and pay off the dtbt thus contracted, and interest thereon, out of the first funds coming into his. hands.
Approved August 27, 1870. Laws of 1870, p. 420. Public Laws of 1870, p. 4.

JANUARY IJ, 1876.

67

EXHIBIT "B."
An Act to autlzorize the issue of bonds of thz's State, whereby to redeem all bonds, and the coupons theteon, now due or falling due, and for other purposes therein mentz"oned.
SECTION I. The General AsBembly of thi.Y State do enact, That for the purpose of meeting and redeeming all bonds of this Atate, and the coupons thereon, now due or when the same shall have fallen due, snd tor such other purposes as the General Assembly may direct, his Excellency the Governor is hereby authorized to issue bonds of this State, sufficient in amount to meet all outstanding bonds, and the coupons thereon, now due, and as the same shall fall due, until otherwise ordered by law, and for such other purposes as the General Assembly mv.y direct; such bonds to bear interest at a rate not exceeding seven per cent. per annum, with interest payable quarterly in gold, at such place or places as the Governor may designate-said bonds having twenty years to run, and to be redeemed at the end of that period in gold coin.
SEc. II. Be it further tnacttd, That nothing in this Act shall be construed to authorize the use of said gold bonds in funding the outstanding bonds, or to authorize the exehange of saitl gold bonds for any outstanding bouls of the State.
SEc. III. Be it further enactui., That said bonds shall be signed by his Excellency the Governor, and countersigned by the Comptroller General, and shall by tle Comptroller General be registered in a book to, !Je kept for the purpose, and the amount so issued reported also for record in the Treasurer's office.
SEc. IV. Be it further enacted, That the sterling bomls and the interest thereon, until paid, be paid in gnlrl or its equivalen<.
SEc. V. Be itj'urther enacted, That all la"s and parts of laws confl:ctiag with this Act be and the same are hereby repealed.
Approved September 15, 1870. I.aws 1870, p. 10. Public Laws 1870, p. 4.
EXHIBIT "C."
An Act to amend an Act to autltorize lzis Excellency the Governor to b01row a sujfici'mt amount of money, 011 tlze credit of the State, on such terms as to !tim shall seem best, zo pay off the members a11d officers of t!te Gmeral Assembly, approved August 27, 1870.
SECTION I. Be it enacted by tlte General Assembly, That the said A.<:t be and the same is hereby amended, so that if the loan authorized by !laid Act is effected by bonds, that the Treasurer of the State shall pay f.he interest thereon at a rate not exceeding seven per cent., and the prindpal thereof, when the same shall fall due ; and that his Excdlcncj the

68

}OURNAL OF THE SENATE

Governor be and he is hereby authorized and requested to provide by loan, as aforesaid, a sufficient amount of money to pay off the officers of the civil establishment and other expenses of the State, authorized by this General Assembly.
SEC. II. Be it further enactJd, and it is hereby enacted by the Genera~ Assembly aforesaid, That nothing in this Act contained shall be construed to authorize the Governor to issue any other character of bonds than those authorized by an Act approved September 15, 1870.
SEc. III. Repeals conflicting Jaws. Approved October 5, 1870. Laws of 1870, p. 419. Public Laws 1870, p. 5.
EXHIBIT "D."
[GovERXOR BuLLOCK's LETTERS TO l\IE:;sns. CLEws & Co.]
EXECl'TIYE DEPARTMENT, STATE OF GEORGIA. ) ATLAXTA, GA., September 3, 1870.)
.Messrs. Hemy Clews & Co., 32 Wall Street, New York:
GENnEME!S"-l have this day made drafts upon your house, as per arrangement with your Mr. Lewis, for $10,000, payable 30 days from September 2cl, through J. H. James, private banker; also, same amount payable 30 days from September 3d, and 30 days from September 5th, through the Atlanta National Bank. The nescssary papers, covering $55,000, have been executed and delivered to Mr. Lewis.
Appreciating your kindness in this matter, I am, very respectfully, RrFrs B. BrLLocK.

EXIIlBIT " D."
ExECCTIYh: DEPARTMEXT, STATE OF GEO!lGIA, I ATLANTA, GA., September 7, 1870. ~
Messrs. Henry Cle1cs & Co., No. 32 Wall Street, New York City: GEXTLEliEN-One hundred and fifty thousand dollars of the Georgia
State 7 per cent. currency bonds were shipped by express last night, and one hundred and seventy-five thou5and dollars of the same go by tonight's express.
Mr. John Rice, President of the Georgia National Bank, will arrive in New York on Friday morning, and will deposit the bonds named with you as they arrive, to be held by you as collateral against our account, as per the arrangement with your lllr. Lewis. You will, therefore, please open an account with the State of Georgia, and I will keep you supplied with our bonds, to be held as collateral security against our account, at . the rate of fifty cents on the dollar. I have heretofore, as advised,
drawn on you at 30 days for a total amount of $30,000, and have this
day drawn at sight, payable to the order of the Georgia National Bank,

JANUARY 17, 1876.

69

for $20,000, and will, on to-morrow, draw a simil:tr draft for a similar

amount, and in. the same manner, from time to time, as we may need the

funds. Drafts will be made payable to the order of the Georgia National

Bank, signed by myself as Governor, certified to by the Executive Sec

retary, and bearing the seal of the Executive Department.

Our gold bond bill has passed the House ; has had two readings in the

Senate ; has been favorabiy acted upon by the Finance Committee, and

will, doubtless, pass within a day or two. When the bonds can be pre-

pared under this Act and placed in the market, we will be able to liquid

ate our account, and retire the currency bonds now used as collateral.

I am, very respectfully,

(Signed)

RuFus B. BuLLOCK.

EXHIBIT "E."

[CoPIES OF NoTES :MADE To TE~XESSEE CAR CmiPA:SY A~""D TO E. N. KmBALL.]

.WESTERN & ATLANTIC R. R., OFFICE OF SUPERINTEXDE:ST, ) ATLA"TA, GA., July 25, 1870.)
Six months after elate, the Western & Atlantic Railroad promises to pay the Tenne~see Car Company, or order, sixty-one hundred and seventysix dollars, for value received in freight cars. Payable at Henry Clews & Co.'s, 32 Wall street, New York.
The Western & Atlantic Railroad,

State property requires no stamps.),

By FosTER BLODGETT, Superintendent, '

Endorsed: Tennessee Car Company,

By E. N. Kimball, l\Ianager.

J. P. Stidham & Co.

WESTER:S & ATLA:STIC RAILROAD,

}

OFFICE Sr:PERI:STENDENT, ATLA:STA, GA., July 14, 1870.

Seven months after date the Western & Atlantic Railroad promise to

pay the Tennessee Car Company, or order, eighty-two hundred and

eighty dollars, for value received in freight cars. Payable at Henry

Clews & Co.'s, 32 Wall street, New York.

The Western & Atlantic Railroad,

State property l
requires no stamps.;

By FosTER Br.onGETT, Superintendent.

Endorsed : Tennessee Car Company, By E. N. Kimball, Manager.

J.P. Stidham & Co., James 0. Pease, Treasurer, A. H. Stevens.

70

} OUR!\AL OF THE SEXATE

[Stamps.]

ATLA:NTA, GA., June 17, 1870.

Six months after date I promise to pay to the order of the Tennessee

Car Company eighty-two hundred and eighty dollars, value received.

Payable at Georgia National Bank, Atlanta, Georgia.

$8,280.

(Signed)

FosTER BLODGETT,

Superintendent western & Atlantic Railroad. Endorsed: Tennessee Car Company,
By E. N. Kimball, General .Manager. Pay Henry Clews & Co., or order.
H. I. Kimball, Henry Clews & Co.

[Stamps.]

ATLANTA, GA., June 17, 1870.

Five months after date I promise to pay to the order of Tennessee Car

Company sixty-one hundred and seventy-six 28-100 dollal"ll, value re-

ceived. Payable at Georgia National Bank, Atlanta, Georgia.

(Signed)

FosTER BLODGETT,

Superintendent Western & Atlantic Railroad.

$6,176.28.

Endorsed: Tennessee Car Company,

By E. N. Kimball, General )l::mager.

Pay Henry Clews & Co., or order.

H. I. Kimball,

Henry Clews & Co.

IYESTER~ & ATLAXTIC RAILROAD,

t

OFFICE SrrERINTENDJ~.KT, ATLANTA, GA, July 25, 1870.)

Five months after date the Western & Atlantic Railroad promise to

pay E. N. Kimball, l'llanager, or order, six thousand four hundred and

sixty dollars, for value received. Payable at the office of Henry Clews

& Co., 32 Wall street, New York.

$6,460.

(Signed)

Western & Atlantic Railroad,

By FosTER BLoDGETT, Superintendent.

Stamps $3.25.

Endorsed : Tennessee Car Company,

By E. N. Kimball, General l\Ianager.

WESTER:N & ATLA:NTIC RAILROAD, ) OFFICE SurERDI'TEXDE:NT, ATLANTA, GA., July 8, 1870.)

Eight months after date, the Western & Atlantic Railroad promises to

pay to E. N. Kimball, Manager, or order, twelve thousand and six 05-100

-dollars, for value received. Payable at the office of Henry Clews

& Co., 32 Wall street, New York.

$12,006.05.

(Signed.)

The Western & Atlantic Railroad,

By FosTER BLODGETT, Superintendent.

Endorsed: E. N. Kimball, ~Ianager,

D. L. Holden, Assistant C.

}A~UARY IJ, 1876.

71

NEw YoRK, }larch 22, 1871 .

.Messrs. Henry Clews & Co., 32 Wall street, New York:

G&:orrs-l am directed by his Excellency Governor Bullock, to request

you to pay the note of the Western & Atlantic Railroad, due J\Iarch 11th,

$12,006.05, and charge the same to the State. Your prompt attention

will oblige, yours truly,

(Signed)

H. I. KniBALL,

Agent State of Georgia.

EXHIBIT "F."
'[COPY OF TELEGR.UI, D.\l'ED A.TLAXTA, GA., FEBRt'ARY 3d, 1371-R&CEIVED AT 1 P. :U.]
To Henry Clews & Co., Please pay Western & Atlantic notes to Tennessee Car Company, en-
dorsed by J. P. Stidham for six thousand one seventy-six dollars ($6,176); due January twenty-eighth (28th); same character, eight thousand two
eighty ($8,280; due February seventeenth (17th); also one to order of J I
P. Stidham & Co., for fifteen thousand six twenty-five ($15,625) due "February ele,enth (11th.)
RrFus B. BuLLOcK, Governor.

EXHIBIT "G."
ExEct:TI>E DEPARTMEXT, STATE oF GEORGIA,) ATLAXTA, GA., December 26, 1870. )
Messrs. Henry Clews & Co.: GENTLE:UEN-l have telegraphed you this day as follows; "Drafts
Nos. 1, 2, 3 and 4, dated to-day for $2,500 e>tch at 15, 30, 45 and 60 days, have been made on you as per my letter of 20th instant. Nos. 1 and 2 have been discounted here. Nos. 3 and 4 go to Nashville." Please accept on presentation. I write by to-day's mail. These drafts were signed by the Hon. Foster Blodgett, for the Western & Atlantic Rail_ road, endorsed by myself, as Governor and ex officio President of Western & Atlantic Railroad, and approved with the Executive seal, made payable to the order of E. W. Cole, President, etc., who will also endorse.
The indications now are that a lease of the road will be effected to take effect on or about the 1st day of February next, and these matters will then be transferred from the Railroad account to the State account, in re gard to which you will be fully advised.
Messrs. Boorman Johnston & Co. have a note of the Western & Atlantic Railroad, approved by myself, for $25,000, which falls due on the 2d of January. Please take up the note when due, and hold on account .as requested in my letter of the 20th instant. They also hold a note for a similar amount due on the 19th of January, which we will thank you

72

JOURNAL OF THE SENATE

to protect unless you :are advised of some other arrangement made prior

to that date.

Yours respectfully,

RtrFUS B. BULLOCK.

EXHIBIT " G."

[GovER:s'OR BnLOCK TO QLEWS & Co., DECEMBER 20, 1870.]

I send you by express balance of the $2,000,000 of bonds prepared'

under authority of the Act approved September 15, 1870, being in all

$900,000, numbered from 1,101 to 2,000, inclusive.

I enclose herewith copy of an Act authorizing the lease of the State

Road. By the 8th section thereof, you will observe that it is made my

duty to provide for the P!!Yment of the floating debts and liabilities of

the Western & Atlantic Railroad. The lease of the road is not likely to

take place sooner than sixty days hence, and what I desire now is, that

you will provide for such advances as we may need to meet the liabilities

of the road now due, and to fall due within that time, the whole

amount of such liability not to exceed $200,000. As security for this

advance, you will have the note of the Western & Atlantic Railroad,

signed by the Superintendent, and approved by myself as Governor and

ex-officio President of the road, as provided by the Code ; and you are

hereby authorized, in addition, to retain as collateral such number of the

gold bonds of the State as may be necessary to properly secure the

amounts. I shall want for this purpose not to exceed $100,000 on the

1st and 4th days of January next.

I have spoken on this subject to your ~Ir. Lewis, who left here last

evening, and I hope that you will be able to accommodate us with it.

Please telegraph me on receipt, a brief "yes" or "nQ," that I may be

advised as to whether the arrangeme!J.t can be effected.

Very truly yours,

Rt:Fus B. BuLLOCK..

EXHIBIT "G."

EXECUTIVE DEPARTMENT, STATE OF GEORGIA, } ATLANTA, GA., February 25, 1871.$"

Messrs. Henry Clews & Co., No. 32 Wall street, New York City: GENTLEMEN-I have approved the draft of Ron. Foster Blodgett, Su-
perintendent of the Western & Atlantic Railroad, at three days after sight, to the order of E. W. Cole, President of Nashville & Chattanooga.

Railroad, on you for $26,776.85, dated Febmary 25; also one of similar

character for $1,653.31. These drafts will be sent to Washington for

!Ir. Blodgett's signature, and by him forwarded to Messrs. V. R. Steven-

son & Son, New York, for acceptance by you. They will then be for. warded to Nashville, Tennessee, for the endorsement of Cole. These amounts are the final balance in settlement of the sum due the Nashville

& Chattanooga Railroad, and close that account. Please pay after en-

dorsement on presentation.

Very respectfully,

RuFus B. .ik1 l.'lCK.

JANUARY IJ, 1876.

73

EXHIBIT "G."

[CoPY OF TELEGRAM, DATED ATLANTA, GA., JANUARY 17, 1871, RECEIVEJ>

.

AT 1:4~ P. M.]

To Henry Clews &: Co. :

Please pay note of the Western & Atlantic Railroad to the Ohio Falls Company, Jeffersonville, Indiana, made payable at your banking house

on Wednesday, the 18th inst., amounting to thirty-three thousand five

hundred dollars.

Ruus B. BULLOCK.

EXHIBIT " G."

[GOYER.'\OR DCLLOCK TO CLEWS & Co., DECEMBER 28, 1870.]

The following is a copy of dispatch this day sent you :

"I have approved draft dated December 26th, at 65 days for $30,000,

payable to the order of Isaac P. Harris, Treasurer of the Western &;

Atlantic Railroad. It will go forward through the Georgia National

Bank. Please accept.

RuFus B. BuLLOCK.

The lease of the Western & Atlantic Railroad has been effected, and these matters will all be provided for in State account. We are advised by letter of a late date from Mr. Calhoun, that the Treasurer has remitted a sufficient amount to cover the State's indebtedness to the Fourth National up to the 1st of January. Very respectfully,
H. E. CARSON, Secretary Executive Department.

EXHIBIT "H."
[CANCELED PAST DUE BONDS OF THE STATE OF GEORGIA, IN POSSESSION OF J. NELSON TAPPAN, TRUSTEE oF HENRY CLEWS & Co.]
Thirteen bonds of $500 each, signed Charles J. Jenkins, Governor; John Jones, Treasurer; dated February 1, 1866, payable 1871, numbered 7, 13, 14, 15, 16, 18, 19, 20, 21, 22, 23, 24, 25.
Ten bonds of $500 each, signed Howell Cobh, Governor; N. C. Barnett, Secretary; dated January 1, 1852, payable 1862, numbered 78, 79, 80, 81, 82, 83, 84, 85, 86, 87.
Ten bonds of $500 each, signed George W. Towns, Governor; N. C. Barnett, Secretary; dated July 1, 1848, payable July 1, 1868, numbered 486, 487, 488, 489, 490, 491, 492, 493, 494, 108.
Forty-one bonds of $1,000 each, signed George ,V. Crawford, Gov-
ernor; N. C. Barnett, Secrftary; dated July 15, 1844, payable September 1, 1869, numbered 1 to 9, 62, 64, 66, 67, 72, 74, 75, 78, 90, 91, 128, 136, 138, 140, 141, 142, 170 to 180, 204, 215, 216, 28, 139.
One hundred and sixty-three bonds of $250 each, signed Charles J.
. :McDonald, Governor; Joel Crawford, President of Commissioners of W.
& A. R. R.; dated January 25, 1840, payable June 1, 1870, numbered 1,

'74

JouRNAL oF THE SENATE

1, 4, 4, 6, 11, 12, 15, 15, 16, 16, 17, 17, 17, 17, 18, 20, 20, 20, 22, 22, ~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~ 96, 96, 97, 98, 102, 102, 106, 110, 115, 116, 119, 120, 138, 138, 139, 140, 143, 146, 147, 148, 151, 156, 170, 186, 191, 192, 194, 196, 197, 204, 208, 209, 212, 228, 22[), 230, 231, 237, 239, 240, 244, 245, 249, 250, 252, 253, 255, 269, 272, 273, 281, 292, 306, 307, 308, 309, 316, 320, 321, 322, 327, 332, 33.5, 341, 342, 347, 353, 354, 356, 357, 358, 359, 360, 361, 362, 364, 370, 373, 374, 375, 412, 415, 416, 417, 418, 420, 423, 424, 427, 4!1, 4!3, 4!7, 452, 453, 500, 456, 476, 48!, 485, 486, 488, 489, 490, 492, 493, 498.
EXHIBIT ''I."
Henry Clews & Co. redeemed for the State of Georgia, in the years 1870 and 1871, bonds to the amount of..................................$272, 250
Of these were canceled163 of $ 250 each ............................................... $40, 750
41 of 1,000 each............................................... 41,000 38 of 500 each ................................................ 16,500- 98,250

A. H. Muller & Son, December 13, 1873, on one day's

$174,000

notice in the Daily Register, sold of these bonds so

redeemed by H. C. & Co., the amount of $174,000,

which were bought at said sale by H. C. & Co. for

$18,625.

H. C. & Co. subsequently disposed of these bonds so

purchased by them, as follow~, viz:

To J. D. Hayes................................................... 156,500

To Louisa and Annie Clews.................................... 12,500

To Chittenden & Hubbard.............................. ...... 5,000-$174,000

Copied from book "stocks sold." No. 15, i.

December 15, 1873, sold by Muller & Son, for account of the State of

Georgia-

1,000 Georgia 7 per cent., 1864............................ $ 180 1,500 Georgia 6 per cent., 186.5.......................... . 135
9,500 Georgia 6 per cent., 1868 .......................... 1,030 7,000 Georgia 6 per cent., 1869........................ . 740 9, 750 Georgia 6 per cent., 1870.......................... . 1,040
128,250 Georgia 6 per cent., 1871........................... . 14,000
17,000 Georgia 7 per cent., 1871 .......................... . 1,500-$18,625 00

174,000
.800,000 Georgia 7 per cent. currency, 9. 75 ....... , .... $ 7,800 30 sterling bonds State of Georgia, 1.20.... ...... 3,600- 11,400 00

$30,025 00 Less co:nmiosions charged................. ....... ........................ 113 50

$29,911 50

}ANUARY 17, 1876.

75

As appears from duplicate account rendered by A. H. l'rluller & Son, the above sale took place December 13, 1873, and notice of sale was published in the Daily Register December 12th.

(Copied from Letter Bot..k marked "A, "page 2.)

MARCH 2, 1874.

J. D. Hayes, Esq.:

DEAR SIR-We hereby agree to give you an option for six months on

$174,000 Georgia bonds (past due), a list of which you have, at 92!,

charging interest from above date, and will deliver the bonds as fast as

required. It is understood and hereby agreed by you and ourselves that

we in no way guarantee these bonds in any particular, but the sale is

made to you as they are. After said bonds, or any part thereof, are de-

livered and paid for by you, the price, at 9~, is to be net to us. The sale

to you, as fast as the bonds are delivered and paid for at that price, with

interest from }\larch 2cl, is absolute, and without future reclamation

llpon us.

Vcry respectfully yours,

(Signed)

HEXRY CLEWS & Co.

(Copied from Letter Book No. 221, page 431.)

NEw YoRK, l\Iarch 13, 1874.

Misses Louisa and Annie Clews:

We hand you herewith twelve thousand five hundred Georgia State

bonds (past due), and one hundred shares of J\Ianufacturers and Builders

Bank stock, being in full payment of your claim and demands upon us

under our agreement, held by you, dated August 31, 1871. Ur..der this

arrangement, it is understood and agreed that said agreement of August

31, 1871, shall be considered as fully performed, except as to the pay-

ment of the coupons of the thirty Burlington bonds therein referred to,

which we obligate ourselves to pay in gold coin on presentation to us,

when due, in lieu of their being funded, as provided by the Burlington,

Cedar Rapids & J\Iinn. R. R. Co.

(Signed)

HENRY CLEWS & Co.

Dr.

CollcctioiZ Account (Ac. foh1l D. Hayes).

Contra.

Cr.

-1 0;,

1874.

1~74. ======================~========~-========-=========== --



11

1

.

.



July 30 To Cash Account ............................. l$146,146 45, 1Mruch 17,By Cash Ac< ount............

5,791 75

,, 28 ,, ''

~' .............................. . 11,010 03

$146,146 45

'' 30 '' ''
A?,n'1 1021 "" "" '' 16 '' ,,
,, 16 '' ,, '' 21 '' '' '' 23 '' '' " 24 "
l.'iiay 1 " " 5"" " 7""
" 8/ " "
" 13 "
161' " "
" 19 " " " 231 " "
June 1! " "
I

" :::::::::::::::::::::::::.::::: ,,
"



10,437 13 5,218 95

.._ 23,054 12
'' ......................... ,..... 12,40204

,, 7,128 12

,, ''

.............................

6,538 14 11,282 33

5,214 92

"

8,539 59

"

8,039 15

"

2,969 69

c0 z:>:l >r<
0
.".:.1,

" "

3,G90 50 1,361 40

::t
txl

"

3,500 35 3,150 60 8,260 48 9,557 16

Ul
ztxl >...,

- - - - txl

$146,146 45

NoTE.-This is a Special Collection Account, and the only one in Stock Ledger K. The moneys were deposited

in the Mechanic's National Bank on or about tile dates they were received.





Dr.

John D. Ha;,es.

Cr.

187~. 1874.
l\larch

I
2To

Cash

,,
Ac.-tuG,uOO

,
Ga.

llondg,

1
021 $144,762

1
50,

July

30

1
'illy

Cash

Acco~nt . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1$146,146

,.
4u

July 301 " Interest on Account to June 1st... 1 ~~~7 30'i " 30 " Balance of Account. .................... ---~3 35

.......

$146,169 80:

$146,109 80

Transcribed from Ledger K, folio 67:3. The postings are from Cash B0ok 55, folio 20;'), and Ca~h B.Jok 57, folio 26. A memorandum on Deposit Book has ''H. C." against J. D. Hayes' Bal. $23.35.

:;z.;.
~
><

....

~

....

00

't

9\

-:t -:t

78

JOURNAL OF THE SENATE

Georgia Bonds redeemed by Henry Clews & Co.
[Transcribed from Ledger I, folios 343, 345, 347 and 287.]

1870.
Nov. 30 . Int

Dec.

30 .. Int
25 . . . . . . . . . . Int .
5 .......... Int
10 . . . . . . Int .
10 .......... Int

10 .... Int
17 ..........
Int .. 2!.... ......
Int ...... 22 ..........
Int ...... 22 . . . . . . . . . .
Int ...... 1sa.
Jn. 4.......... Int ......
4 ........ Int ......
4 Int'.".:: ::
4 ...
Int ...... 9 ..........
Int ...... 9 ...
Int:::: :: 10 ..........
Int ...... 11 .......... 11 ..
Ini:: ::::
12 i~i.: :::.
12 .......... 12 .......... 13
13.::::::::: 14 .......... 17 .......... 18 .......... 18 .......... 18 .......... 19
21 .......... 20 .......... 22 .... .....
lB .......... 25 .......... 28 ......... Feb. 3..........
7..........
7 .......... 8 ..........

$1,000
3,500
1,250
250
2,2.30
1,1.(00
750
250
1)00
3,500
250
250
1,000
18,000
1,000
8,000
1,150
4.500
tiOO 250
1,2;'>0
11,000 3,500
~60
2:;0 1,000
750 500 2W 2,500 2.000 2,200 9,750 250
25()
s,ooo
3,2,'j() 1,500
wo
6,000 4.250

Price paid erased.

I 1871.
$1,000 OO,Feb. 9 ....

75 001 3,500 00

11 ....... 18 ......

240 00 1,250 00;

1M . 2'l ..........

37 08 March S.........

2;)0 001

3 ..........

7 83

15 ..........

2,250 i1

OOiApril 24'

12.... 29 ..........

1,000 oo May 30 ..........

31 33

31 ..........

u: 750 OO,Jnly 1. ...

23

3 ..........

2.;0 OU'

5 ..........

8 201 500 oo.
16 83 3,:'500 ou

6 ..........
6 ........
t8o.:::::::::

248 <s 2>0 OlJ 85U 00'
1
250 00 8 8R
1,000 OU 83 38
1s,noo oo 1 1,'285 ="2': 1,000 00,
so 66; 8,000 on!
650 66' 1,160 t.O

11 ..........

11 12

.............

2J Int .....

21

21 ..........

21. .........

zl ..........

21. .....

21 ... .....

21. .........

21 ..........

2t 22

.

................

115 17
4,~~~ ~~'
66. >3 250 (){)

~2 ....... ... 22 . . . . . . . . . .
22 ....... ... 22 . . . . . . . . . . ~5 ..........

9 16

26 . . . . . . . . . .

1,250 00 106 65

27 .
~~-

..................

11,900 171

31. .........

3,tl28 91 Aug. 1...

2f>9 21\9

22551

s ..........
5 .........

l,u82 161 77H ~51
~;~!~I
2,593 ~41 2,0i4 61

5 ...
7 .......... i .......... 8 .......... 11 .......... 19 ..........

2.425 OOI 10.122 os.Oct
259 59 1

26 ......... 7.. ........
16 .........

2.59 631 11,290 r3

1S,,536i07 893I1
500 48 6,005 75 4.424 27

2,000 6,MJ
500 4,f;00 3,000 1,000 1,000
500
25()
2,500 1,230
250 500 2:.-,25() 9,000 19,51:0 i,500 6,250 5,1'00
~50
250 <5o 3,w~
750 5110 1,;)110 1,01)1)
l,::JUO l,HHO 1;),000 1,000 1,150 1,750 1,25)
wo
25J
~00 1,~0)
7,100 500
3,250 2.)0
5.UIJO 500 250 500
1,2.)0 1,000 9,500
~.2;;0
tO') 7jtJ
10,~50 ~;JO
$272,250

2,336 00 6,510 83
500 00 4,500 OtJ 8,000 00 1,496 22 1,090 33
500 00 262 9~ 2. >26 66 1,322 70 264 91 500 00 22,250 00 9,000 00 19,500 00 ~.:;oo oo 6,266 M 5,000 00 250 no 250 OJ 75U 00 3,000 00 950 00 'i'5U 00 5UO 00 1,:\00 00 1,000 ou 1,-500 00 1,000 00 13,000 00 1,!100 00 1, 750 00 1,150 00 1,2:;() 00 50000 250 ou 500 00 1,500 00 l,OOO 00 500 00 3,250 ()() 250 00 5,000 00 50U 00 250 00 500 00 1,360 86 1,000 00 9.500 00 2,250 00 500 00 750 tO
$'70,594 68 274,391 41
10,500 00
$284,891 41

}ANUARY I7, I876.
EXHIBIT "J..,
Memoranda of numbers of Quarterly Gold Bonds of the State of Georgia sold by Henry Clews & Co., of New York, and credited to account of the State of Georgia, February I 5, I 87 I.
Nos. 35lto 387............ 37 bonds'No. 1349....................... 1 bond Nos. 410 to 124.............15 bonds Nos. 1351 to 1374.. ...........24 bondsNos. 428 to 433............ 6 bonds Nos. 1379 to 1384 ............ 6 bondsNos. 445 to 452............. 8 bonds'No. 1475....................... 1 bond No. 455....................... 1 bond :No. 1477....................... 1 bond Nos. 4.'57 to 462 ............. 6 bonds No. 1586........................ 1 bond Nos. 585 to 593 ............. 9 bondsNos. 1591 to 1599............. 9 bonds Nos. 595 to 599 ............ 5 bonds Nos. 1695 to 1696 ............ 2 bonds Nos. 634 to 657 ............ 24 bonds'Nos. 1700 to 1725 .............26 bonds Nos. 661 to 700 ...........40 bonds No. 1735...................... 1 bond Nos. 777 to 781.. ........... 5 bonds'Nos. 1738 to 1740............ 3 bonds Nof\ 792 to 796............. 5 bonds'Nos. 1747 to 1752............. 6 bonds Nos. 915 to 936 .............22 bonds No. 1754....................... 1 bond Nos. 940 to 9-'iO.............11 bonds.1Nos. 1760 to 1770.............11 bonds Nos. 1091 to 1175.............85 bonds:Nos. 1775 to 1777............ 3 bonds
Nos. 1236 to 1300 ............ 65 bonds INo. 1815...................... 1 bond
Nos. 1302 to 1307............. 6 bonds,Nos. 1836 to 1838............ 3 bonds NGs. 1310 to 1311.. ........... 2 bondsliNo. 1841.. ...................... 1 bond Nos. 1313 to 1315............. 3 bonds Nos. 1843 to 1865.............23 bonds. No. 1347........................ 1 bond Nos. 1875 to 1894 ............ 20 bonds
Total number of bonds..................................................500

JouRNAL OF THE SENATE

EXHIBIT "J. "-COXTIXJ::ED.

Memoranda of numbers of Quarterly Gold Bonds of the State of Georgia sold by Henry Clews & Co., of New York, and credited to account of the State of Georgia, September, 8, 1871.

Nos. 388 to 409 .......... 22 bonds'No. 1476.......... ............ 1 bond

Nos. 425 to 427 ........... 3 bonds:Nos. 1478 to 1585.......... 108 bonds

Nos. 434 to 444........... 11 bonds',Nos. 1587 to 1590 ..... ... 4 bonds

Nos. 453 to 454.... ....... 2 bonds Nos. 1600 to 1618.......... 19 bonds

No. 456...... ....... ...... ... 1 bond jNos. 1620 to 1628 ..... ... 9 bonds

Nos. 463 to 584..........122 bonds.Nos. 1631 to 1632...... . .. 2 bonds

No. 594................... ... 1 bond !Nos. 1634 to 1694.......... 61 bonds

Nos. 600 to 633........... 34 bonds Nos. 1697 to 1699...... ... . 3 bonds

Nos. 658 to 660........... 3 bondsiNos. 1726 to 1734...... .... 9 bonds

Nos. 701 to 7i6........... 76 bonds;Nos. 1736 to 1737.. ......... 2 bonds

Nos. Nos.

782 to 797 to

791.. ......... 10 914........... 118

bonds bonds

1NNoos. .

1742 to 1746...... ... . 1753........... ..........

5 bonds 1 bond

Nos. 937 to 939........... 3 bonds'Nos. 1755 to 1759........... 5 bonds

Nos. 951 to 1090........... 140 bonds;Nos. 1778 to 1790........... 13 bonds

Nos. 1176 to 1235.......... 60 bonds,Nos. 1793 to 1810.......... 18 bonds

No. 1301. ........... ......... 1 bonu ]Nos 1812 to 1814........... 3 bonds

Nos. 1308 to 1309 .. . ... . 2 bonds;Nos. 1816 to 1824........ ... 9 bonds

No. 1312............... ...... 1 bond INos. 1827 to 1835...... ... . 9 btmds

Nos. 1316 to 1346 ........... 31 bonds,No. 1839...................... 1 bond

No. 1348.. ,....... ..... ..... 1 bond liNo. 1842...................... 1 bond

No. 1350...................... 1 bond Nos. 1866 to 1874........ ... 9 bonds

Nos. 1375 to 1378........... 4 bonds Nos. 1895 to 2000..........106 b<llds

Nos. 1385 to 1474.......... 90 bonds,Nos. 2576 to 2590.......... 15 bonds

Total number of bonds.............................................. 1,1.50

Memoranda of numbers of Quarterly Gold Bonds oj t!te State of Georgia sold by Henry Cle-u;s & Co., of Ne-u; York, and credited to account of tlze State of Georgia, July 2$, !872.
No. 1619....................... 1 bond No. 1811....................... 1 bond Nos. 1629 to 1630............. 2 bonds Nos. 1825 to 1826............ 2 bonds No. 1833....................... 1 bond .No. 1840....................... 1 bond No. 1741....................... 1 bond ;Nos. 2501 to 2575........... 75 bonds Nos. 1771 to 1774............. 4 bonc1s,Nos. 2591 to 2600............10 bonds Nos. 1791 to 1792............. 2 bonds!
Total number of bonds.................................................. 100

jANUARY IJ, 1876.

81

In addition to the exhibits, to which direct reference has been made in this report, we also append hereto sundry letters from Messrs. Henry Clews & Co., H. I. Kimball and Governor Bullock, which, though not necessary to a clear underEtanding of the account under investigation, yet relate thereto, and are valuable as throwing light upon some of the .transactions, and therefore interesting as a part of the history thereof.
These letters we append in their order of date, without comment :

[No. 1.-COPY.]

OFFICE OF H. I. KIMBALL, ATLAXTA, GA., Oct. 7, 18'70.

..Messrs. Henry Clews & Co., 32 Wall Street:
GENTS- I have had a long talk with the Governor, in regard to your negotiating all of the new bonds. He is very anxious about tl:e n, and has a pride in having them sold at a high piice. He wants whoever -handles them to do it with care, and take four or six months, if necessary, to run them up, by having several brokers to buy them; this you under.stand, and he is willing to place the whole matter in your hands, and he does not care to limit the price, but simply desires you to take an interest in the matter, and work up the credit of the State, and we will pay you liberal commissions. He will go to New York in two or three week~, and talk the matter over with you. I am exceedingly anxious for you to give the matter some attention, and I am sure I can secure the agency for you. But I want you to stand up square to him, aud not compel him to go elsewhere. He will want-say one or two hundred thousand dollars more-before he can realize on the gold bonds, and will keep you supplied with plenty of bonds. He sends you 250 to-night, and will send you 250 more as soon as they come from New York. He will want to draw for about $50,000 week after next, and $50,000 per week in $10,000 drafts. I have told him of the advantages of having you do this, rather than have an outsider. I know the advantage to you of having a good understanding with him, and I am sure it is for your in_ terest to get up what money he may want hereafter. Please write me at once, on receipt of this, if he can draw on you for $50,000 during the week after next. He will appoint your London house the agent in Loudon for the State.

..'!- , -;; } I have been making au effort to yet you an interest in the .!,?~~ .'Lease Bill of theW. & A. R. R., and I think I shall succeed
~8~ ) in getting one that will be worth-say $1,000 a month to you.

We defeated Harris' bill, restricting the sale of bonds, and passed the

-bill protecting the credit of the State ; all of which must help the sale

.cf our bonds.

Yours in haste,

(Signed) 6

H. I. KL\IBALL.

82

JouRNAL oF THE SENATE

No. 2.-[Copy.]

OFFICE OF JI. I. KIMBALL,

)

ATLANTA, GA, October29, 1870.)

Messrs. Hem"U Clews & Co., No. 32 Wall street, New York:

GEXTs- * * * The Governor sends you by this

evening's mail the appointment of your London house as the financial

agent of the .State of Georgia in London. He also sends you, by ex-

press, 250 bonds of the new issue. He has previously sent you a certi-

fied copy of the bill authorizing the issue of these bonds, and he desires

that you present them before the Exchange Board, and have them ready

to go upon market, and take such action in the premises as your good

judgment and experience will dictate, in order that the bonds may sell

for the highest possible price. He prefers to pay a large commission

an:l have the bonds sell as near par as possible, rather than sell them much

below par at a light commission, his object being to keep up the credit

of the State, and I am sure, with your facilities, you will be able to ac-

complish such to his entire satisfaction. 1'ltese bonds now sent are in-

tended to take tlte place of tlte ones issued to me, but are for the present

property of tlte State. He will send you others as soon they can be exe-

cuted. * * * * *

Respectfully yours,

(Signed.)

H. I. KniB.\LL.

No. 3.-[Copy.]
NEw YoRK, F'"bruary 8, 1871. IIi.~ Excellenry, Rufus B. Bullock, Governor, etc., Atlanta, Ga.:
DEAR 8m-We have to acknowledge the receipt of your dispatch of yesterday's date, as follows:
" What am I to understand from your dispatch of this date ? You h.we in possession $1,650,000 bonds to be sold, upon which yo1 have not made actual advances to exceed iit900,000. I expect to be in New York on.or about the first of l\'larch, and if you find the State's account inconvenient, I Ehall be prepared to transfer them to other parties. But in the meantime I shall rely upon you to meet the State's necessities, with the assurance, that whenever it becomes necessary, additional securities. will be placed in your hands. Telegraph me your decision."
The fi; st point which calls for notice is the misunderstanding in regard to the amount of our advances, indicated by your statement that our ob ligations amount to only $900,000, as against gold bonds $1,650,000 in our possession for sale. Our liabiiities to Russell Sage, for the payment of which we are committeJ, swell om obligations on behalf of the State to the sum named-say $1.300,003-as shown in our letter of the 1st inst., and leaves us only a mar~in of 10 per cent. on the valuation, at which we can ony safely set the gold issue of bonds. BeBides this, we are c"mmittcd to pay, us far ab f,ill due, all bonds maturing this yoar,.

}ANUARY IJ, I8J6.

83

which amounts to $154,000. This we have already assured many of the

holders we will do.

Second. In regard to the bonds which, according to your telegram,

we hold as collateral, stated by you as $1,500,000. Our record shows

that we have only $800,000 of such bonds issued under Act of August

27th, for temporary loan purposes. These we have no authority to sell,

and, as we understand the Act, no authority is given for their sale;

therefore they are not desirable as collateral, and since the gold bonds

have been issued, we can no longer use them in tllat way. The other

bonds in our poosession are those received in excl!ange for steel bonds

issued to the B. & A. R. H. When we effect the exchange of them all,

we have your order to cancel and return them to the State. They are,

therefore, valueless. You can see, therefore, how liberally we have

advanced to the State, and the position in which we are now placed.

On the assurance in your dispatch, that when additional securities arc

necessary we shall have thPm, we would request you for a fmther

amount of steel engraved bonds to cover draft advised in you letter of

the fourth inst., and when the necessities of the State shall require

further payments or obligations, that you will keep us posted by bonds

of this character. In the present unsettled state of affairs in the South,

and owing to the distrust growing out of the Alabama matters, it is not

pleasant to be rPquircd to make heavy advances at the present time in

such quarters; so, therefore, please ha,e some consideration for us. In closing, it is perhaps unnecessary to inform you of unrlimini~lted zPal

and good will on behalf of the State, and that, as far as we are able, to

protect her interest~ without sacrificing our own, we shall do so, but

self protection makes it necessary that we should call your attention to

the position of affairs as above, and the extremely depressed condition

of all Southern secmitit>s at the present time.

'Ve remain, very respcctfnlly yours,

(Signed)

HENRY CI~Ew,; & Co.

[No. 4.-COPY.]
NEw YoRK, l'\1arch 7, 1871.
llis Excellency, Rufux H. Bullock, Atla.nta, Ga. :
DEAl! Sm- * * * * As before explained to you, we
do not regarcl the currency 7's as security, and we do not make use of them at all in our dealings. We await, therefore, the receipt of the promised additional collateral in gold bonds, which you inform us is being prepared by the engravers. We should like, as requested previously, to have in writing, for our private use, in writing from you in support of our own statements, that the addition of $2,f00,000 gold bonds is at present the only increase of the debt of the State since the
Treasurer's report, December 31, 1869. * * * *
The currency bonds we do not rpgard as an addition to the debt, as

84

JouRNAL OF THE SENATE

they remain in our possession, and will be speedily returned to you can-

celed. The past due obligations and the sterling bonds, have also, for

the most part, been paid off. These charges made in the Treasurer's

report referred to, represent the present condition of the State finances

as we understand them.

We remain, yours, very respectfully,

(Signed)

HENRY CLEWtl & Co.

[No. 5.-COPY OF TELEGRAM RECEIVED AT 145 BROADWAY.]
SAN FRANCisco, Scpte!llber 7, 1871.
To Henry Clews & Co., 32 Wall Stnet: Dispatch thirtieth received to-day. If you can close out the whole
issue before the 1st of October, you can sell bonds bearing October coupons only to net the State eighty-five in New York.
RFFtcs B. BD"r.LocK, Govemor.

Dr.

State of Georgia, R. B. Bullock, Govemor, in account with Hmry Clews & Co.

Cr.

Date.
1870.
Sept. 10 To draft.................................... 12 Draft................................... . 15 Draft.................................... . 19 Draft .................................... .
Oct, 1 Balance interest per c............... .

Amount. Days.
$20,000 00 21 20,000 00 10 20,000 00 16 20,000 00 12 238 78

Interest., Date.

Amonnt. Days.

1870.

$81 67iSept. 20 By cash....................... $6,000 00 2

73 8910ct. 1 Balance int. to contra. ............ ...

62 22

1 Bal. ac. credited down 64,233 78

23 33

Interest.
$ 2 33 238 79

$70,238 78

$241 11

$70,233 78

'> -$24-1 -11 z

Oct. 1 To balance................................. .
5 Draft................................... .
6 Draft .................................... 8 Draft .................................... . 15 Draft .................................... 18 Draft ................................... . 19 Draft.................................... . 20 Draft ................................... . 21 Draft ................................... . 28 Draft ................................... .. Nov. 1 Draft .................................... . 7 Draft ................................... . 23 Draft ................................... .. 21i 3500 bonds and interest, 3-40... . 25 1250.... .. .................$1,287 08 29 Draft ................................... .. 30 1,000 bonds and interest.. ........ .. Dec. 1 Balance of interest per c......... ..

64,233 78 61 10,000 00 57 10,000 00 56 10,000 00 54
10,000 00 47 10,000 00 44 10,000 00 43 10,000 00 42 10,000 00 41 15,000 00 34 6,000 00 30 15,000 00 24
10,000 00 8
5,02708 6..8.
15,000 00 2 1,075 00 63 1,814 64

762 80 1 Dec. 1 By bal. int to contra.....

110 83

Bal. ac. cred. down. 213,150 50

108 89

105 00

91 39

85 56

83 61

81 67

79 72

99 17

35 00

70 00

15 56

66 45 5 83 13 16

1,814 64 :;.;
:>:l ><: ~
00 '-!
9'

$213,150 50 $1,814 64

$213,150 50

$1,814 64

00 01

Dr.

State of Georgia in account wit!t Hmry Cle-..vs & Co.-Continued.

Cr.

00 0:.

Date.

Amount. Dnys. Interest. I Date.

Amount. Days. Interest.

lti7U.

18iU.

Dec. 1 To balanee brought llown ............. $213,150 40 62 $2,569 65 Feb. 1 By bal. of interest ...... .

$4,732 13

1 Draft.................................... 15,000 00 62 180 83 1

Bal. earried down ... $385,131 52

3 llraft...... ............................... 10,000 00 60 116 67i

5 250 bonds and interest........... .

257 sa 58

2 8!l!

6 Com'rcial Advertiser.... $56 50
N. Y. Herald. . .. .. .. .... .. 68 80 Heywood & K...... ... ... 350 00

......
c0

Expressage................. 2 50- 477 80 57

10 2,250 bonds and int ......2,371 24

1,000 "

" ...... 1,031 33

750 "

" ...... 773 74- 4,126 31 53

5 28
42 511

:z:0
>
t"' 0

12 Expressage bonds to Europe.... ..

57 80 5l

56

'>]

13 E. W. Sackett..................... ..

227 50 50

2 20

>-3

1514 Continental Bank Note Co..... .. 3,467 00 49

Expressage ............................

9 58 48

33 02 8

:I: t'l

17 250 bonds and interest .......... .

258 20 46

2 30

U'l

19 8. P. Dennison............ $53 50

Adams Express.......... 25 DO- 78 50 44

66

>zt'l

20 Expressage...... ...... .... 1 25

West'n Union Tel. Co.. 4 60-

5 85 43

4

>-3 t'l

22 500 bonds and int. ...... . 516 83

3500 "

" ....... 3, 748 75- 4,265 58 41 33 97

23 Uom. & Financial Uhronicle. ... .

68 00 40

52

24 250 bonds and int....... $258 50

Bonds to Europe.... .. 59 40

Expre~sage .. ... .. .. ... .. .

75- 318 65 39

2 40

31 New York Sun.......... 300 00

Evening Express....... 180 00

Dec. 31 To Com'l Advertiser....... $ 216 00 Evening Post............. 110 15 ~fail ........................ 180 00 New York Mail.. ....... 203 00 Notary..................... 3 63 Tribune ................... 38 10 Tribune .................... 243 75- 1,474 73 32

9 171

1871. Jan. 3

Notes and fees .......... 25,000 00 Note and charges...... 13,646 08

Note and charges...... 5,460 38

:Fourth Nat'l Bank ....100,000 00-144,106 46 2!) 812 58

..__,

4

250 bonds and int. ..... 258 88

1,000 bonds and int ... 1,080 38

18,000 bonds and int. 19,285 52

N.Y. Times............. 172 80

c>>z::
:;>j

N.Y. Times ............

4 20

N. Y. 8tandard......... 163 80

.>.<..

Wall St. Journal. ...... 20 00

~

Evening Post ........... 183 60

....

Foreign telegrams.... 547 85

Daily 8tar................ 148 50- 22,946 HI 28 124 9R

5 l<'ourth Nat'l Bank....

50,000 27 27 262 50

00
~
0

9

8.000 bonds and int ... 8,650 66

1;750 bonds aml int.... 1,865 17- 10,515 83 23 47 01

10 4,500 bonds and int.... 5,181 715

Expressage.............. 13 25

C'p's A. & C. R. R .... 400 00- 5,59;3 20 23 32 92

11

500 bonds and int..... 665 83

250 bonds and int...... 259 16

Expressage ...............

7 00- !l31 99 21 3 70

12

1,250 bonds and int. .. 1,356 65

11,000 bonds and int. 11,900 17

IX>

3,500 bonds and iut... 3,628 91- 16,885 73 20 65 661

~



Dr.

State of Georgia tiz account with Henry Clews & Co.-Continued.

Date. 1871

Amount. Days.

Jan. 13 To 250 bonds and int....... 259 25

13 250 bonds and int....... 259 25

13 Expressage................. 125 00

13 Note ......................... 25,000 00- 25,519 75 19

14 1,000 bonds and in......

1,082 16 18

16 West. U. T. Co.......... 822 00

16 Coupons A & CR....... 6,560 00- 6,568 22 16 17 750 bonds and int....... 77,825 00

17 Note ....................... 25,000 00

17 Fourth Nationa1Bank.25,000 00- 50,778 25 15

18 Eveninf MailJ............. 750 00

18 Journa Commerce...... 2,250 00

18 500 bonds and int....... 51,891 00

18 250 bonds and int....... 25,941 00

18 2,500 bonds and int.... 2,593 74- 3,402 06 14 Hl 2,000 bonds and int.... 2,074 67

19 Bonds to Europe......... 31 56- 2,106 23 13 20 2,250 bonds and int...... 2,425 11

20 9, 750 bonds and int.. .. 10, 122 06-12,547 17 12 21 250 bonds and int....... 259 59

21 250 bonds and int....... 259 53

21 24

Coupons A. & C. R.... Bonds to Europe........

400 00- 919 12 22

11 8

25 8,000 bonds and int.....

11,290 33 7

26 W. U. T. Co............. 6 35

26 Note and interest.......!5,007 67

26 Note and interest.......; 5,007 67

26 Note and interest .......5,007 67

26 Note and interest....... _5,007 67

Interest.
94 27 3 78 20 43 148 10
9 25 5 31 29 27
1 971.
03 15 36,

Cr.

00 00

....... 0c :z:>.:.l
t-<
0 'll
:;J
;;
(f)
1::;'1:
~
1:'1

26 26 26 28 28 30 Feb. 1
Feb. 1 1 1 2 3 3 4 6 8 9
!)
10 11 11 12 13 14 15
16
17 20 24 25

Note and interest ...... 5,007 67

Note and interest...... 5,007 67

Note and interest...... 3,503 37- 33,555 74 6 39 15

Note .......................25,000 00

3,250 bonds and int.. 3,377 83- 28,377 83 4 22 06

Expressage........... . . Bal. int. per contra...

5 50 2 4,732 13
---

22 06

$685,131 52 $4,732 13,

$685,131 52

I . 'l'o balance forward... - - - - - 6S5,1af525 98~6056 Feb. 15 By proceeds of 500

Expressage............... 2 50

State bds, at 87~ 437,500 00

.Bonds to Europe. ..... 41 iSu-

43 86 59

49Apnl 1 Bal. of int. to con...

Coupons A.&C. R. R.

40 00 58

451

1 Bal. acc't car. down. 403,305 65

1,500 bonds and int.... 1,560 00

Note and fees ............ 6,177 56- 7, 737 56 57 85 75

$840,805 65

Brooklyn Eagle .......

15 56

Hi

Commercial Advert'er Expressa~e ...............

9 00 54

09

3 50 52

40

New Yor Tribune.... 19 50

~vening Post .. ... .. .... 10 80-

30 30 51

30

Expressage ...............

7 50 50

06

Note and fces ............15,625 00

New York World..... Note and;fees ........... Expressage ............... West. U. Tel. Co....... Fourth Nat'l Bank.... Expressage_ . . . . . . . . . . . . . .
Expressage ............... Expressage ..............
Note a'ld fees............
New York Sun.........

21 00- 15,646 00 49 2.5,000 00 48
16 25 47
3 40 46 10,000 00 41i
1 00 44 11 50 43 1 50 40
8,281 53 36
24 00 35

121 71
233 331 14 02!
87 05011
g~l
57 97 16

$4,372 13
'> 45 3.828 12 5,077 69 --- z $8,90/i 81 ~ :<:>:1 .... ~ .... 00 '-1 9'
00
"'

l)y,

State of Georgia zit account wz't!t Hmry Clews & Co.-Continued.

Cr.

~
"-'

Date.

Amount. Days. Interest.! Date.

1R71,

1S71,

Feb. 27 To notc ..................... 25,000 00

27 New York Tribune ...... 14 40- 25,014 40 33 160 49

March 1 Expressage ................

5 00 31

03

4 Draft........................ 30,000 00

4 Protest.... .................. 208 00- 30,002 93 28 163 34

6 Expressage...... . .. .. ... ..

5 92 26

03

8 Expressage .. .. .. .. ... .. ... 1 00

8 Note........................26,776 85

7 Note........................ 1,653 31- 28,431 16 24 132 69

24 'l'elegrams........... ...... 262 08

24 Notary. .................. ... 3 00

265 08 8

41

24 Bal. of int. per contra.. 5,077 69 - - - - - - - -

$340,805 65 $'3,905 81

Amount. Days. lnteret.
........ c0 :
:;>;!
~
0
- - - - "%)
$840,805 65 $8,905 81 ...;
iJ:: t:<l

r.n

April 1 To bal. brought down... 1 $5,000 gold 1.10J........ 1 $5,232.50 gold, 1.10J... 6 Coupons R. & C. R R

$103,305 65 61 $-1,783 65jJnne 1 By bal. of int. to contra...

5,528 12}

8 Bal. of acc't car. forward.$749,906 66

$7,198 04

zt:<l
>

5,781 90 61 134 13

8(1 06 56

87

&l

7 Draft.........................

20,000 00 55 213 89

8 Coupons A. & C. R. R 40 00

8 Draft........................20,000 00- 20,040 00 54 210 42

10 Draft .......................20,000 00

10 Adver't in New York,

Boston and Phila...... 380 07- 20,380 07 52

11 Draft........................

20,000 00 51

12 Draft........................

20,000 00 50

206 05 198 3~
194 40

Ap'l 20 To $1,000 gold, 1.11!....................$ 1,117 50 42

9 12

29 Notary bonds to -:Europe ......... .

15 71 33

09

)lay 1 Clews, Habicht & Co.'s account

transactions, 19,925.0.8, 4.90,

$97,632.66, gold 1.11,!........ .. 108,860 41)

1 Draft................................... . 20,090 00 )- 31 776 74

3 Draft.................................... . 20,000 00- 29 112 78

4 Fourth National Bank ........... . 5,000 00 28 27 22

5 Draft .................................... . 20,000 00 27 105 00

8 Draft.................................. . 20,000 00 24 1)3 33

10 Draft.......... .. ........$20,000 00

Fourth National Bank 5,000 00

$5,000 gold at 1.11~... 5,568 75- 20,568 75 22 120 78

15 Notary bonds to Europe............

2 22 17

01

25 Notary fees ............................

25 34 7

03

29 Expense of forwarding

77 $1,000 bonds to

Europe at various times .................... $1, 792 50

I

I.: 161 31

Foreign telegrams...... 208 32- 2,000 82

Expressage............................... .

1 50

3

1

Balance of interest, per contra ... . 7,198 04

$749,906 66

I
$7,198 04

._
c>z >
?::' ><: ..... ~
00 '-l
?-
$741J,906 66 $7,HJ8 04

June 1 To balance brought down ........... $ 749,906 66 61 $8,894 731Aug. 1 By balance of int. to con.

$9,013 59

20 Notary fees..... ..... ...... .... ..... .

26 15 42

21

By balance of account ear-

22 Exp. 100 $1,000 bonds............

2ii0 00 40

1 93

ried forward ................ $786,269 38

30 Expressage............ .. ... .. .... .. .

2 50 32

01

July 1 Coup's A. & C. R. R ...$6,960 00

1

$5,000 gold at1.13~ .... 5,668 75

3

Evening Coupons

MA.ai&l..C......R.....R.. ......4.9....5..0-

12,678 25 80 00

31 29

76 421 45

t.:.t.:.>..

Dr.

State of Georgia in account with Hmry Clews & Co. -Continued.

Dat.e.

Amount. Days. Interest.\ Date.

1811.

1811.

July 5 To coupons A. & C. R. R ............. $ 480 00 27 $ 2 52

7 Evrming Mail.. ....................... .

22 00 25

11

8 Expressage ...................$17 2r>

Coupons A. & C. R. R. ... 80 00- 97 25 24

45

11 Libans......................... 35 61

Expressage................... 7 93- 43 5.4 21

22,

1~ $5,000 gold at 1.12! ................ 5,637 50 20 21 92

18 Evening Post ............... $70 20

"

" ............... 8640

New York Tribune ....... 16 50

"

" ........ 19 80- 192 90 14

52

19 Evening Express............ 45 00

"

" ............ 58.')0

New York Times......... 72 00

"

" .......... 4500

Financial Record.......... 100 00

New York World.......... 82 50

"

" ......... 67 50- 470 so 1a 1 18

20 New York Zeitung..................

29 00 12

07

21 Expressage...............$ 3 25

" ...... ......... 6 12

Tribune................... 1,000 00

Evening Express....... 320 00

Evening Post............ 450 00

Commerc'l Advertiser 300 00

Journal of Commerce 500 00

Standard................... 300 00

Sun........................ 500 00

Cr.

eo
~

Amount. Days. Interest.

._,
0c::
z:;>j
>
I'"
0 "'1 >-l ::0 ttl Ul
zttl ~
ttl

.July 21 To Times.................... . 500 00

J. Hasson................... 387 00- 4,266 37 11

24 E. W. Erickson for ad-

vertisio~.............. ... 74 00

E. W. Encksoo for ad-

vertising........... ...... 240 00

E. W. Erickson for ad-

vertising.................. 300 00

E. W. Erickson for ad-

vertising........ ......... 200 00

E. W. Erickson for ad-

vertisiog..................1,007 67- 1,921 67 8

2ii Herald...... .. ... ...... . .. . 44 00

J. L. Dennison............ 96 50- 140 50 7

1871.

July 26 ToN. Y. Suo ................ .

168 00 6

29 Pamphlets........... ..... 43 00

N. Y. Zeitung............. 500 00- 543 00 3

31 Evening 1\'Iail ........... ..

300 00 1

Bal. int. per contra ...... 9,013 59

9 11
2 98 19 20: 311 6

. $786,26!} 38 $!l,013 59
- -------- ----------

$786,269 38

Aug. 1 To balance bro't down ...786,269 ~8

~8 5,809 ~?I Sept. 8 By avails of 1,150 State

Stampb ........... ....... 43 uO

38

32,

bonds at 86! ....... $994,750 00

3 Advert'g by Kieonan. 100 00

36

79:

8 Bal. of int. to contra.. ..

7 Expre10sage...... ...... .. .

1 25

I

23 Pub. Gov. Bullock's

letter............ .. .. .. . 300 00

16

!),~I'

:!8 Adv'g Aatesbone....... 35,250 00

11

75

30 Notary.................... 28 80

E. W. Sackett.......... 137 27- 166 0'7 9 Sept. 6 $2,000 goh!,at 1.~3~.. 2,270 00

I28 1

West. Un. lei. Co.... 18 58

.'--< .cz :
:>::<0
~
,...
00 - - - '-1
$9,013 59 0
$5,813 67
~ ~

Dr.

State of Georgia tit account wit!t Henry Clews & Co.-Continued.

Cr.

~
!ol-

Date.

Amouut. Days.

1871.

Sept. 8 To Frankfort Zeitung ....... $365 01- $2,653 59 2

Bal. int. per contra......

5,813 67

Bal. carrieddown.........

199,050 04

Interest.
1 04

Date.
1~7l.

Amount. Days. Interest.

-~~~~5o_oo_ ~5,~367[

$1J94,750 00 $5,813 67 .__,

Sept. 20 To Frankfort Uonsblatt................ . 321 30 30

30 $2,000 gold at 1.14]\.................. . 2.21J7 50 20

Oct. 2 1,045 gold conponR at 17.1i0 each,

18,287.50 gold at 1.14~ ......... .. 20,984 901_ 18

Western Union Telegraph Co ..... .

12 20)

2J Balance of interest to con ......... 1,341 27

Balance of account carried down. 170,975 35

1 871Scpt. 8 lly balance of account

8 94

brought down ...... 199,050 04 42

20 Bal. iut. per contm. 1,541 27

1,625 57

c0 ;:z:.0.

73 49

1:"

0 "l
....,

$200,ii9t 31

Nov. 16 To Expressage ..... .

7ii

Commisf<ion on $767,630.0!) at 1

per ct .............................. .. 7,076 30

Balance interelit per c011.. ........ ..

Balance of account carried d-,wn. 170,227 42

$1,02fi ii7'

$200,591 31

$1,625 57

:I: t'l

--~-----

:oct. 20 By hal. hroa~ht down. 176,975 35 27



Bal. int. per contra. 929 12

929 12 (f)
zt'l

~

_:~~I

1'1

$177,904 47

$1!29 12i

$177,!l04 47

-~----------!Nov. 10 By bal. br~;ndl;t-d;;"~-n

llue thi~ liate ....... $170,227 42

$929 12

jANUARY IJ, I8J6.

9&

The Senate took up, as the report of the Committee of the Whole, a bill to consolidate the offices of Tax Collector and Tax Receiver of the county of Macon.
The Committee on Finance recommended its passage. The report was agreed to ; the bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill to amend an Act to prohibit the sale of ardent spirits in the county of Putnam outside the limits of Eatonton.
The Committee on the Judiciary recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate up, as the report of the Committee of the vVhole, a bill to declare void certain six per cent. bonds of this State unlawfully abstracted from the treasury of this State.
The Committee on Finance recommended its passage. The report >vas agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill to punish any person for furnishing minors with deadly weapons.
The Committee on the Judiciary, moved to amend, by inserting the word ''knowingly" before ''furnishing," and striking out the words "without the written consent of the parent or guardian," which was agreed to.
Mr. Cain moved further to amend by striking out the words "except horseman's pistol," which was agreed to.
Mr. Reese moved to further amend by adding the following proviso :
"Pro~'ziied, That the provisions of this Act shall not apply to cases where weapons are funished for the purpose of defense, either to person or property, which was agreed to.
The report as amended was agreed to. The bill was read the third time and passed.

JouRNAL OF THE SENATE
The Senate took up, as the report of the Committee of the Whole, a bill to amend an Act for the prevention of cruelty to animals.
The Committee on the Judiciary recommended its passage. The report was agreed to. The bill was read the . third time and passed.
Mr. Cooper was, on motion, added to the Committee on the Judiciary, and Mr. Crawford to the Committee on the Institution for the Deaf and Dumb, and Mr. Knight to the Committee on Finance.
The Senate took up the following bills, which were read the second time, and referred to the Committee on the Judiciary, to-wit:
A bill to amend section 86o of the Code. Also, a bill to amend section 888 of the Code. Also, a bill to repeal an Act to amend the Constitution in reference to homesteads. Also, a bill to require mortgages on personal property to be recorded in thirty days from the date of their execution. Also, a bill to repeal an Act to enable parties to waive and renounce homesteads. Also, a bill to provide for the adjustment of the rights of parties in cases where property has been sold after being set apart as a homestead. Also, a bill to make cheating and swindling a felony.
Also, a bill for the relief of A. B. Kerse and Barnett Kerse, of the county of vVorth.
Also, a bill to legalize the election of mui1icipal officers for the town of Cedartown.
Also, a bill to preserve unimpaired the right of trial by jury in this State.
The Senate took up a bill to incorporate the St. Mary's Air Line Railroad Company, which was read the second time and referred to the Committee on Internal Improve-
ments.

}ANUARY IS, I876.

97

The Senate took up the following bills, which were read the second time, and referred to the Committee on Education, to-wit:
A bill to authorize County School Commissioners and members of County Boards of Education to administer oaths, in certain cases.
Also, a bill to repeal so much of the general school law as requires the county school fund to be apportioned among the school districts.
A communication was received from Joseph E. Brown, President of the W. & A. R. R. Company, inviting the General Assembly to take an excursion over the said road, which was read and referred to the Committee on the State of the Republic.
The Senate then arljourned until 10 o'clock to-morrow morning.

SENATE CHAMBER, ATLA:'-ITA, GA., } Tuesday, 7anuary I 8, I 876, 10 o'clock a. m.

The Senate met according to adjournment, and was opened with prayer by the Chaplain.

The roll was called, and the following Senators were present and answered to their names, to-wit-Messrs.

Arnow, Black, Blance, Brimberry, Cain, Cannon, Carter, Chastain, Cooper, Crawford, Deadwiler, DuBose,
7

Hester, Hopps, Howell, Hudson,
of the 25th, Hudson,
of the 28th, Kibbee, Knight, Lester, Matthews, Mattox,

McDaniel, McDonald, Newborn, O'Daniel, Payne, Peavy, Perry, Reese, Robinson, Rutherford, Slaughter, \Vilcox,

98

JouR~AL oF THE SEXATE

Freeman,

McAfee,

Wilson,

Gilmore,

of the 32d, Winn,

Graham,

McAfee,

MR. PRESIDENT.

Harris,

of the 39th,

Mr. Lester, chairman of the Committee on the Judiciary,

made a report, which was read.

l\Ir. Winn, chairman of the Committee on Education,

made a report, which was read.

Mr. Kibbee, chairman of the Committee on Finance,

made a report, which was read.

The Senate took up as the report of the Committee of

the whole, a bill to incorporate the Brunswick Bank and

Trust Company.

The Committee on Banks recommended its passage.

The report was agreed to. The bill was read the third time.

Upon the question, "shall the bill now pass?" the yeas

and nays were required to be recorded, and were, as fol-

lows, to-wit :

Those voting in the affirmative are-l\Iessrs.

Arnow,

Graham,

McDonald,

Black,

Hester,

Newborn,

Blance,

Howell,

O'Daniel,

Brimberry,

Hudson,

Payne,

Cain,

of the 25th, Peavy,

Cannon,

Hudson,

Perry,

Carter,

of the 28th, Reese,

Chastain,

Knight,

Robinson,

Cooper,

Lester,

Rutherford,

Crawford,

Matthe~s,

Slaughter,

Deadwiler,

McAfee,

\Vilcox,

DuBose, Freeman, Gilmore,

of the 32d, \Vilson,

McDaniel,

Winn.

Those voting in the negative are-Messrs.

Harris,

Mattox,

Hopps.

Yeas 37 Nays 4

McAfee,ofthe 39th.

}.\~vARY 18, 1876.

99

So the bill was passed by a constitutional majority.
The following message was received from the House of Representatives through Mr. Sweat, the Clerk thereof, to-wit:
Mr. Presidmt: The House of Representatives have passed the following
bills, to-wit : A bill to regulate the pay of all jurors of the county of
Dodge. Also, a bill to amend and apply the provisions of an
Act entitled an Act to prohibit the buying, selling, delivering or receiving of any farm products therein specified. between sunset and sunrise, in the county of Brooks, and other counties therein named.
Also, a bill to change the line between the counties of Irwin and \:Vorth.
Also, a bill to change and define the corporate limits of the town of Camilla, in the county of Mitchell.
Also, a bill to appoint Trustees of the Macon Guards. and to grant them certain privileges, and for other purposes therein mentioned.
Also, a bill to incorporate the Tybee Improvement Company, and for other purposes therein mentioned.
The House of Representatives have agreed to the following resolution, in which they ask the concurrence of the Senate, to-wit :
A resolution authorizing the Treasurer to advance to the Public Printer the sum of five thousand dollars on account of printing for the present session; and I am directed to transmit the same forthwith to the Senate.
The Senate took, up as the report of the Committee of the Whole, a bill for the relief of R. N. Varnell, of the county of Whitfield, and his sureties.
The Committee on Finance recommended its passage_
The report was agreed to. The bill was read the third
time a11d passed.

100

JOL'R~AL OF THE SENATE

The Senate took up, as the report of the Committee of the Whole, a bill to protect the ballot in this State.
The Committee on the Judiciary made no recommendation.
On motion, the bill was indefinitely postponed. Th~ Sen1tc to)k up, as the report of the Committee of the 'Whole, a bill to preserve umimpaired the right of trial by jury, which was, on motion, made the special order for Friday next, at I I o'clock a. m. The Senate took up, as the report of the Committee of the \Vhole, a bill for the relief of A. B. Kerse and Barnett Kerse, of the county of \Vorth. The Committee on the Judiciary recommended its passage. The report was agreed to. The bill was read third time and passed. The Senate took up a bill to amend section 860 of the Code, which was, on motion, recommitted to the Committee on the Judiciary. The Senate took up as the report of the Committee of the \Vhole, a bill to incorporate the town of Cedartown; to legalize the election of municipal officers therefor. The Committee on the Judiciary recommended its passage. The report was agreed to. The bill was read the third time and passed. The Senate took up, as the report of the Committee of the vVhole, a bill to repeal an Act to authorize parties to waive and renounce homestead. The Committee on the Judiciary recommended adversely to its passage; upon agreeing to which the yeas and nays were required to be recorded, to-wit:

Those voting in the affirmative are-Messrs :

Black, Brimberry, Cain, Carter, Crawford,

Howell, Hudson,
of the 25th, Kibbee, Knight,

McDonald, O'Daniel, Payne, Perry, Reese,

JANUARY IS, 1876..

101

DuBose, Freeman, Gilmore, Harris,

Lester, Matthews, McDaniel,

Rutherford, Wilson, \Vinn.

Those voting in the negative are-l\Iessrs:

Arnow, Blance, Cannon, Chastain, Cooper, Deadwiler, Graham,
Yeas, 24.

Hester, Hopps, Hudson,
of the 28th, Mattox, McAfee,
of the 32d,
Nays, 18.

McAfee, of the 39th,
Newborn, Peavy, Robinson, Slaughter, Wilcox.

So the report was agreed to, and the bill was lost.
On motion, the rules were suspended, and the Senate took up a resolution of the House of Representatives to advance five thousand dollars to the Public Printer, on account of public printing; which was, on motion, concurred in.
The Senate took up a bill to repeal an Act to amend the Constitution in reference to homestead ; which was, by consent, withdrawn.
The Senate took up, as the report of the Committee of the Whole, a bill to enlarge the jurisdiction of Justices of the Peace in the county of Camden.

The Committee on the Judiciary recommended its passage. The report was agreed to. The bill was read the third time and passed.

On motion, a bill to amend the Constitution of this State, which had been passed by the last General Assembly, was referred to the Committee on the Judiciary.
Mr. Kibbee introduced a bill to better protect the Treasury of this State, which was read the first time.

The roll was called for the introduction of new matter,

102

JouRNAL oF THE SENATE

when the following bills were introduced and severally read the first time, to-wit:
By Mr. CainA bill to authorize the granting of one new trial in cases tried in the Superior Court, without qualification. By Mr. CarterA bill to provide for a Board of Commissioners for the county of Stewart. By Mr. W. I. HudsonA bill to allow convicts to be worked on the public roads in certain counties in this State. By Mr. PayneA bill to declare Clerks of the Superior Court ex-officio Ordinaries in cases where the Ordinary is disqualified from acting. Also, a bill to regulate official advertising, and to prescribe the fees for printing said advertisements. By Mr. PeavyA bill to empower the Ordinary of Troup county to take jurisdiction of administering the estate of Joseph L. Banning, of the county of Meri11ether, and for other purposes. By Mr. PerryA bill to make the improper use of money in the hands of State and county officers a felony, and to fix the period of limitations upon indictments therefor.
By Mr. WinnA bill to create a new Judicial Circuit, to be known as the Appalachee Circuit.
By Mr. McDonaldA bill for the relief of ]. M. Livingston and Matthew Tucker, securities on the bond of ]. A. and \V. H. Carmichael, of the county of Colquitt.
By Mr. KibbeeA bill to prescribe a time when costs due in the Superior Court shall be paid, and to prescribe a salary for the Deputy Clerk of said Court.

JANUARY 18, 1876.

103

Mr. Lester, chairman of the Committee on the State of the Republic, made a report upon the invitation of the
President of the Western & Atlantic Railroad, expressing
thanks for the invitation, but declining the same on account of the pressure of public affairs.
On motion, the report was taken up, and was ordered to lie on the table for the present.
Seats on the floor of the Senate were tendered to Hon. Joseph E. Brown and to Hon. James R. Brown, during the present session.
The Senate took up the following bills, which were read
the second time, and referred to the Committee on the Ju-
diciary, to-wit : A bill to provide for the sale or encumbrance of home-
:Stead property. Also, a bill to consolidate the offices of Tax Receiver
and Tax Collector, and for other purpo~es. Also, a bill to provide for the sale of property set apart
.as a homestead. Also, a bill to provide for the publication of public laws
of this State. Also, a bill to declare sheep-killing do6s a nuisance, and
to provide for their abatement. Also, a bill to define and punish criminal negligence. Also, a bill to incorporate the Harper Sewing Machine
Company. Also, a bill for the better collection of the tax due the
State. Also, a bill to prevent the crime of murder by mob or
lynch law. Also, a bill to repeal an Act to provide for the payms:nt
of insolvent criminal costs in the Northern Circuit, so far as it applies to the county of Wilkes.
Also, a bill to declare the law in cases of cropping on .shares.
Also, a bill to amend section 2279 of the Code.

104

JouR~AL oF THE SE~ATE

Also, a bill to authorize the Ordinary of the county of Stewart to hire out convicts, in certain CCl.ses.
Also, a bill to declare when awards shall be returned and recorded.
Also, a bill to amend the jury laws of this State. Also, a bill to limit the time for moving to set aside judgments and decrees. Also, a bill for the relief of William H. Hulsey, former Solicitor of the Coweta Circuit.
Also, a bill to prescribe the manner of making minors parties to suits in this State, and for other purposes.
Also, a bill to amend section 38 3 of the Code. Also, a bill to amend the law as to establishing lost papers summarily. Also, a bill to amend the charter of the town of Brunswick. Also, a bill to regulate the law of larceny in this State. Also, a bill declaratory of the common law doctrine of forfeitures of life estates, and for other purposes. Also, a bill to provide for the returns of removed administrators, executors, guardians or trustees, of the matters in their hands.
Also, a bill to amend section 4423 of the Code. Also, a bill to relieve the officers and agents of the Georgia Railroad Company in certain cases. Also, a bill to amend the homestead laws of this State. Also, a bill to legalize the acts of the Georgia Medical Eclectic Board of Physicians. Also, a bill to prescribe the manner of taxing bank shares. Aiso, a bill to amend section 3647 of the Code. Also, a bill to amend an Act to prevent hunting on the lands of another in certain counties therein name. Also, a bill to require Tax Receivers to furnish certificates of land given in for taxation. Also, a bill to amend section 4402 of the Code.

}A:-<UARY 18, 1876.

105

Also, a bill to change the county of Twiggs from the Macon Circuit to the Oconee Circuit, and to fix the time of holding the Superior Courts of the Oconee Circuit.
The Senate took up the following bills, which were read the second time and referred to the Committee on Finance, to-wit:
A bill to authorize Peterson Tlnvcatt to sue the State for his claim against the State.
Also, a bill to provide for the issue of the bonds of this State for the purpose of retiring the recognized bonds of the Macon & Brunswick Railroad Company, and of the North & South Railroad Company, endorsed by the State.
The Senate took up a bill to authorize the Comptroller General to collect, by execution, debts due the State from the lessees of the Penitentiary, which was read the second time and referred to the Committee on the Penitentiary.
The Senate took up a bill to amend an Act to prevent the destruction of insectiverous birds in certain counties therein named, which was read the second time and referred to the Committee on Internal Improvements.
The Senate took up a bill to repeal an Act to provide for the collection and publication of statistics of agriculture, which was read the second time and referred to the Committee on Agriculture.
The Senate took up a bill to change the line between the counties of \Vayne and Appling, which was read the second time and referred to the Committee on Nc>v Counties and County Lines.
The Senate took up a bill to amend the charter of the Bank of Washington, which was read the second time and referred to the Committee on Banks.
The Senate took up the following bills, which were read the second time and referred to the Committee of the Whole, to-wit:
A bill to regulate the pay of jurors in the county of Worth.

106

JOL'RNAL OF THE SEXATE

Also, a bill to re-enact an Act to create a Board of Commissioners for the county of Gilmer.
The Senate, on motion, then adjourned till IO o'clock to-morrow morning.

SENATE CHAMBER, ATLAXTA, GA., } TYcdnesday, Jallttary 19, 1876, IO o'clock a. m.

The Senate met according to adjournment, and was

Dpened with prayer by the Chaplain.

The roll was called, and the following Senators were present and answered to their names, to-wit-Messrs.

Arnow,

Hester,

McDaniel,

Black, Blance, Brimberry,

Hopps, Howell, Hudson,

McDonald, Newborn, O'Daniel,

Cain, Cannon, Carter,

of the 25th, Payne,

Hudson,

Peavy,

of the 28th, Perry,

Chastain, Cooper, Crawford, Deadwiler, DuBose,

Kibbee, Knight, Lester, Matthews, Mattox,

Reese, Robinson, Rutherford, Slaughter, Wilcox,

Freeman, Gilmore, Graham, Harris,

McAfee, of the 32d,
McAfee, of the 39th,

Wilson, Winn, MR. PRESIDENT.

The following message was received from the House of Representatives, through Mr. Sweat, the Clerk thereof, towit:

.lrfr. President :

The House of Representatives have passed_the following bills, to-wit :

A bill to provide that the Treasurer of Richmond county

107
be allowed a salary, and to fix the amount thereof, and for other purposes.
Also, a bill to declare of full force and effect the tax ordinances of the City Council of the city of Augusta, for the year 1874, and for other purposes.
Also, a bill to amend an Act to prescribe the mode of granting license to sell intoxicating liquors in the counties of Burke, Jefferson and \Vashington, approved February 20, 1873, and an Act to amend said Act, approved March
5. 1875 The House of Representatives have also agreed to the
following resolution, in which they ask the concurrence of the Senate, to-wit :
A resolution authorizing the Governor to sell a lot in the -city of Atlanta, now the property of the State, and known as the Foster Blodgett lot.
A petition was received from the Georgia State Grange, which was read.
Mr. Lester, chairman of the Committee on the Judiciary, made a report, which was read;
Mr. Payne, chairman of the Committee on Interml Improvements, made a report, which was read.
Mr. Hester, chairman of the Committee on New Counties and County Lines, made a report, which was read.
A petition from Joel Branham was received, asking for pay due him from the State as salary as Solicitor General of the Macon Circuit, which was referred to the Committee on the Judiciary.
On motion, the rules were suspended, and Mr. Cooper introduced a bill to provide for the payment of Joel Branham, former Solicitor of the Macon Circuit, which was read the first time.
The Senate took up the following bills, which were read the second time and referred to the Committee on the J udiciary, to-wit :
A bill to authorize the working of. convicts on the public roads, and for other purposes.

108

JouR:-<AL OF THE SENATE

Also, a bill to require the granting of one new trial in cases tried in the Superior Courts.
Also, a bill to declare Clerks of the Superior Courts exofficio Ordinaries in cases where the Ordinary is disqualified.
Also, a bill to declare a felony the improper use of money in the hands of State, county or municipal officers, and to fix a period of limitation on indictments therefor.
Also, a bill to create a new Judicial Circuit, to be known as the Appalachee Circuit, and for other purposes.
Also, a bill for the relief of J. M. Livingston and Matthew Tud.:er, of the county of Colquitt.
Also, a bill to regulate official advertising, and to limit the fees for said advertising.
Also, a bill to prescribe the time when costs in the Supreme Court shall be paid, and to fix a salary for the Deputy Clerk of said court.
Also, a bill to authorize the Court of Ordinary of the county of Troup to take jurisdiction of the execution of the last will of Joseph L. Banning, late of Meriwether county, and for other purposes.
Also, a bill to create a Board of Commissioners for the county of Stewart, and for other purposes.
The Senate took up a bill for the better protection of the State treasury, and fo~ other purposes ; which was read the second time and referred to the Committee on Firiance.
Mr. Harris offered a memorial of the Robert E. Lee Monumental Association, which was read.
The Senate" took up, as the report of the Committee of the Whole, a bill to authorize the Comptroller General to issue executions to enforce payment of money due from lessees of the Penitentiary.
The Committee on the Penitentiary recommended its. passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee o'f the Whole, a bill to repeal an Act entitled an Act to create

109
a Board of Commissioners for the county of Gilmer. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the vVhole, a bill to regulate the pay of jurors in the county of \Vorth. The report was agreed to. The bill was read the third time and passed.
The Senate took up, a:; the report of the Committee of the \Vhole, a bill to change the line between the counties of Wayne and Appling.
The Committee on New Counties and County Lines recommended its passage. The report was agreed to, and the bill was read the third time and passed.
The Senate took up as the report of the Committee of the Whole, a bill to amend section 860 of the Code.
The Committee on the Judiciary recommended its passage. The report was agreed to. The bill was read the third time and passed.
The s~nate to::>k up, as the rep::>rt of the Committee of the vVhole, a bill to require Tax Receivers in certain counties therein named to furnish persons giving in property for taxes a certificate of the property given in.
The Committee on the Judiciary recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill to amend section 888 of the Code.
The Committee on the Judiciary recomm~nded a substitute in lieu of the original bill, which was agreed to. The report as amended was agreed to. The bill was read the third time and passed.
The Senate took up as the report of the Committee of the \Vhole, a bill to consolidate the offices of Tax Receiver and Tax Collector, and for other purposes.
The Committee on the Judiciary recommended its pa~ sage.

110

}OURXAL OF THE SENATE:

On motion, the bill was recommitted to a special committee of five.
In pursuance of which the President appoited as such committee, Messrs. Reese, \Vinn, McDaniel, E. C. McAfee and Deadwiler.
The following message was received from his Excellency the Governor, through :VIr. \Varren, his Secretary, to-wit:
.llh. Presideut: I am directed by his Excellency the Governor, to deliver
to the Senate a communication in writing. The communication was read, and is as follows, to-wit :

ExECUTIVE DEPARTiltE:'\T,

}

STATE OF GEORGIA,

Atlanta, Georgia, Jamtmy I 9, I 876.

To t!te Seuate : In answer to a resolution of your body, requesting such
information as may be ''in the possession of the Governor, in relation to coupons of the State unpresented, and which should enter into the account of the late Treasurer," I have the honor to submit the following statement:
Having become satisfied that a large amount of redeemed coupons for the last year's interest upon the public debt was in the possession of the late Treasurer, and having no information as to whether they were canceled, I instructed the Treasurer to make inquiry of him in regard to said coupons, and report to me such information as could be obtained. On the I 2th inst., Mr. Renfroe reported to me that he communicated in person with the late Treasurer on

the I Ith instant, and that the latter, while admitting that

he had some coupons in his possession, declined to make

any statement whatever. Thereupon I instructed the

Treasurer to refuse to pay any coupons for last year's in-

terest on the bonds of the State, unless the person pre-

senting the same should also exhibit the bond or bonds to which they belonged.

On the ISth instant, Hon. 0. A. Lo:hrane, counsel for

}A~l"UARY 19, I8J6.

llt

the late Treasurer, informed me that the latter had taken from the Treasury, and had then in his possession, coupons amounting to about $45,000. He also stated that the late Treasurer would at once or shortly return said coupons to the treasury.

On the I 7th instant, Judge Lochrane called, upon invition, at the Executive office, and was informed by me that the return of the coupons, as proposed, had not been made.
I am to-day advised by the Treasurer that said return has not yet been made, but that he is informed by the late Treasurer that a list of said coupons is being made by the latter, and that they will be delivered at the treasury so soon as said list shall be completed. In the meantime, the instructions to the Treasurer to refuse payment of coupons for last year's interest, in the manner hereinbefore stated,

will be continued.

JAMES ~I. SMITH.

The rules were suspended, and the Senate took up the message of his Excellency the Governor, which was a response to a resolution calling upon the Governor for information in reference to certain coupons which should
enter into the account of John Jones, late Treasurer. The message was read and referred to the Committee on Finance.
The Senate took up, as the report of the ~ommittee of
the Whole, a bill to provide for the adjustment of the rights of parties where property set apart as a homestead has been heretofore sold.
The Committee on the Judiciary moved to amend by adding an additional section: ''That where suits have been already instituted in common law courts, the parties shall have the same rights given in this bill," which was. agreed to.
The report as amended was agreed to. The bill was. then read the third time and passed.

112

JOURNAL OF THE SENATE

The Senate took up, as the report of the Committee of the Whole, a bill to amend the charter of the Lumpkin Chestatee Fluming and Mining Company.
The Committee on Internal Improvements recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill to amend section 383 of the Code.
The Committee on the Judiciary moved to amend the caption of the Act, which was agreed to. The report, as amended, was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill to prescribe the manner of taxing bank shares.
The Committee on Finance recommended its passage. The report was agreed to. The bill was read the third
time and passed. On motion, the ::ienate then, in honor of the memory of
General Robert E. Lee, adjourned till IO o'clock to-morrow
mornmg.

SEN ATE CHAMBER, ATLANTA, GA.' } Thursday, ja1lzta7y 20, 1876, IO o'clock a. m.

The Senate met according to adjournment, and was

opened with prayer by the Chaplain.

The roll was called, and the following Senators were

present and answered to their names, to-wit-Messrs.

Arnow,

Harris,

McDaniel,

Black,

Hester,

McDonald,

Blance,

H:)pps,

Newborn,

Brimberry,

Howell,

O'Daniel,

Cain,

Hudson,

Payne,

Cannon,

of the 25th, Peavy,

Carter,

Hudson,

Perry,

Chastain,

of the 28th, Reese,

}ANU.'.RY 20, 1876.

113

Cooper, Crawford, Deadwiler, DuBose, Felton,

Kibbee, Knight, Lester, Matthews, Mattox,

Robinson, Rutherford, Slaughter, vVilcox, \Vilson,

Freeman, Gilmore, Graham,

McAfee,

\Vinn,

of the 32d, 1\'lR. PRESIDE:-<T,

McAfee, ofthe 39th,

Mr. Blance moved to reconsider so much of the Journal

-of yesterday as relates to the passage of a bill to provide

for the adjustment of the rights of parties in cases where

property set apart as homestead has heretofore been sold.

Mr. Gilmore moved that the motion to reconsider lie on the table. Upon agreeing to which, the yeas and nays were required to be recorded, to-wit:

Those voting in the affirmative are-Messrs.

Arnow, Black, Brimberry, Chastain, Deadwiler, DuBose, Felton, Freeman, Gilmore, Graham, Harris,

Hopps, Howell, Hudson,
of the 25th, Hudson,
of the 28th, Kibbee, Lester, Matthews, 1\icDaniel,

McDonald, O'Daniel, Peavy, Perry, Robinson, Rutherford, Slaughter, \Vilcox, \Vilson, \Vinn.

Those voting in the negative are-Messrs.

Blance,

Crawford,

McAfee,

Cain, Cannon,

Hester, Knight,

of the 39th, Newborn,

Carter,

Mattox,

Payne.

Cooper,

McAfee, of the 32d,

Yeas, 29. Nays, 13.
So the mo~ion was agreed to.

8 .... ,, -~- I~ .. . : .,

114

JOURXAL OF THE SEXATE

The following message was received from his Excellency the Governor, through 1\Ir. Warren, his Secretary, to-wit: Mr. Presideut:
I am directed by his Excellency the Governor, to deliver to the Senate a sealed communication, to which he respectfully invites the consideration of your honorable body in Executive session.
On motion, the Senate then went into Executive session.
The Senate having returned to open session, took up the petition of the Georgia State Grange, which was referred to the Committee on Agriculture.
On motion, the rules were suspended, and Mr. Brimberry offered a resolution requesting the Governor to transmit to the Senate information connected with the treasury of the State, which was read and agreed to.
Mr. Felton, chairman of the Committee on Agriculture, made a report, which was read.
1\h. vVinn, chairman of the Committee on Banks, made a report, which was read.
Mr. Lester, chairman of the Committee on the Judiciary,. made a report, which was read.
On motion, the rules were suspended, and the Senate took up the report of the Committee on the State of the Republic, in reference to the invitation of Hon. Joseph E. Brown, President of the vVestern & Atlantic Railroad, to take an excursion over said road.
Mr. Hester offered as a substitute to the resolution of the committee, a resolution accepting said invitation, to make said excursion on Saturday, the 29th instant.
Mr. Gilmore offered a substitute for the whole matter, accepting the invitation-the excursion to be made after the adjournment of the session-which was lost.
The resolution of Mr. Hester was lost.
The report of the committee was then agreed to.
The roll was called for the introduction of new matter.

JANUARY 20, 1876.

11&

when the following bills were introduced and read the first time, to-wit :
By Mr. ArnowA bill to encourage the immigration of industrious andl skilled persons from other States and countries to this. State. By Mr. BlanceA bill to exempt from taxation, by county and municipal corporations, certain professional persons. By Mr. BrimberryA bill to exempt trorn road duty certain persons in this State. By Mr. CainA bill to repeal so much of the charter of the town of Louisville as authorizes, by said corporation, the sale of the commons belonging to said town. By l\1r. GrahamA bill to change the time for holding the Court of Ordln:uy for the county of Terrell. Also, a bill to keep open Kinchafoonee creek for the free passage of fish. Also, a bill to amend the charter of the city of Dawson. By Mr. LesterA bill to amend section 327 of the Code of Georgia. By Mr. W. H. McAfeeA bill to incorporate the Dry Hollow Mining Company. By Mr. McDanielA bill to amend the limitation laws of this State as to property set apart as a homestead. By Mr. PerryA bill to make true bills for misdemeanors in the county of Calhoun returnable to the County Court of said county_ By Mr. Reese-
A bill to facilitate service on railroad companies in certain cases.
Also, a bill to regulate the law of insurance in this State..

116

JouRNAL OF THE SENATE

By Mr. RobinsonA bill to regulate the pay of jurors for the county of .Laurens. By Mr. SlaughterA bill to amend the Constitution so as to abolish the homestead. By Mr. WilcoxA bill to define the line between the counties of \Vilcox and Irwin. By Mr. Cannon,A bill to prohibit the citizens of North Carolina from driving their stock into the counties of Rabun, Union and Towns for the purpose of grazing. Mr. Freeman, chairman of the Committee on Enrollment, made the following report, to-wit:
.!Ylr. Presidmt:
The Committe<: on Enrollm2nt report as duly enrolled, and ready for the signatures of the President and Secretary of the Senate, the following resolution, to-wit:
A resolution to convene both Houses in the House of Representatives for the purpose of electing a State Treasurer.
Leave of absence was granted to the Committee on the Asylum for the Deaf and Dumb for to-morrow and next day.
The hour of adjournment having arrived, the Senate adjourned till 10 o'clock to-morrow morning.

SENATE CHAMBER, ATLANTA, GA., } Friday, Janumy 2 I, 1876, 10 o'clock a. m.

The Senate met according to adjournment, and was ~pened with prayer by the Chaplain.

The roll was called, and the follo\\(ing Senators were

present and answered to their names, to-wit-Messrs.

Arnow,

Harri~,

McDaniel,

Black,

Hester,

McDonald,

}A!\UARY 21, 1876.

117

Blance, Brimberry, Cain, Cannon, Carter, Chastain, Cooper, Crawford, Deadwiler, DuBose, Felton, Freeman, Gilmore, Graham,

Hopps, Howell, Hudson,
of the zsth, Hudson,
of the 28th, Kibbee, Knight, Lester, Matthews, Mattox, McAfee,
of the 32d, 1\IcAfee,
of the 39th,

Newborn, O'Daniel, Payne, Peavy, Perry, Reese, Robinson, Rutherford, Slaughter, 'Wilcox, Wilson, Winn, MR. PRESIDENT.

Mr. Lester, chairman of the Committee on the Judiciary, made a report, which was read.
Mr. Cain, chairman of the Committee on Education, made a report, which was read.
The Senate took up, as the report of the Committee of the Whole, a bill to incorporate the Pigeon Roost Gold Mining Company.
The Committee on Internal Improvements recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill to incorporate the St. Mary's Air Line Railroad Company.
The Committee on Internal Improvements moved to amend the 7th section, by striking out all after the word "provided, " and inserting in lieu thereof "each has received from the Sheriff ten days' notice, and have thirty days in which to appeal, such appeals to be had and tried as appeals from the Justice's to the Superior Comt.
Amend section 9th, as follows: By striking out all after

118

JOURNAL OF THE SE~ATE

the word ''interest," in the thirteenth line of said secfo:1, -which was agreed to.
The report as amended was agreed to. The bill was read 1:he third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill to authorize the issue of bonds of this State, to retire the recognized bonds of the Macon & Brunswick Railroad Company, and of the North & South Railroad Company, endorsed by the State, and for other purposes.
The Committee on Finance recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the 'Whole, a bill to incorporate the Chcstatee Quartz Mining and Sluice Washing Company.
The Committee on Internal Improvements recommended its passage. The report was agreed to. The bill \Vas read the third time and passed.
The Senatetook up,as the report oftheCommitteeofthe Whole, a bill to define the period of limitation of motions to set aside judgments or decrees.
The Committee on the Judiciary recommended its passage. The report was agreed to. The bill was read the 11:hird time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill to legalize the acts of the Georgia Medi.cal Eclectic Board of Physicians, which was, by consent of he Senate, withdrawn.
The Senate took ur, as the report of the Committee of the Whole, a bill to empower County Boards of Education to administer oaths in certain cases.
The Committee on Education recommended its passage. -The report was agreed to. The bill was read the third .time and passed.
The Senate took up, as the report of the Committee of

JANUARY 2I, 1876.

the \Vhole, a bill to repeal an Act to pro..-ide for the col-

lection and publication of crop statistics.

The Committee on Agriculture recommended adversely

to its passage. The report was agreed to, and the bill was

lost.

The Senate took up, as the report of the Committee of

the \Vhole, a bill to amend the charter of the Bank of

Washington.

The Committee on Banks recommended its passage.

The report was agreed to. Upon the question, "shall

this bill now pass?" the yeas and nays were required to be

recorded, to-wit:

Those voting in the affirmative are-Messrs.

Black,

Hopps,

K ewborn,

Brimberry,

Hudson,

O'Daniel,

Cain,

of the 25th, Payne,

Cannon,

Hudson,

Peavy,

Carter,

of the 28th, Perry,

Cooper,

Kibbee,

Reese,

Deadwiler,

Lester,

Robinson,

DuBose,

Matthews,

Rutherford,

Felton,

1\IcAfee,

Slaughter,

Freeman,

of the 32d, \Vilcox,

Gilmore,

McDaniel,

\Vilson,

Graham,

McDonald,

\Vinn.

Hester,

Yeas, 34 Messrs. Mattox and McAfee, of the 39th, voted no.
So the bill was passed by a constitutional majority.

The Senate took up a bill to prescribe where awards shall be returned and recorded, which was, on motion, recommitted to the Committee on the Judiciary.

The Senate took up, as the report of the Committee of the Whole, a bill to define and punish criminal negligence. _

The Committee on the Judiciary recommended its pas-

sage. The report was agreed to. The bill was read the third time and passed.

120

JouRNAL OF THE SENATE

The Senate took up, as the report of the Committee of the Whole, a bill to change the county of Twiggs from the Macon Circuit to the Oconee Circuit, and to fix the time for holding the Superior Court of the Oconee Circuit.
The Committee on the Judiciary recommended its passage.
Mr. O'Daniel moved to amend by providing that . the Solicitor General of the Macon Circuit shall prosecute, as heretofore, in Twiggs county, for the term of one year, which was agreed to.
The report, as amended, was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill to provide for making returns of persons removed from fiduciary trusts.
The Committee on the Judiciary recommended its passage. The report was agreed to.
1\Ir. Cain moved to add the following: "Proz,ided, that no such return shall be made until notice of an intention to make the same shall be given in the newspaper in which the Ordinary, or other court having jurisdiction over the estate, shall order," which was agreed to.
The report, as amended, was agreed to. The bill \vas. read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill to create a new Judicial Circuit, to be called the Appalachee Circuit, and for other purposes.
On motion, the bill was ordered to lie on the table for the present.
Mr. Felton, chairman of the Com!nittee on Agriculture, made a report, which was read.
The Senate took up, as the report of the Committee of
the Whole, a bill for the relief of J. M. Livingston and
Matthew Tucker, of the county of Colquitt. The Committee on the Judiciary recommended its pas-
sage. The report was agreed to. The bill \vas read the third time and passed.

}ANUARY 2I 1 I8J6.

121

The hour of I I o'clock a. m. having arrived, the Senate took up, as the report of the Committee of the Whole,. the special order, which was a bill to preserve unimpaired the right of trial by jury. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill to encourage the agricultural interests of this State, by making the takint; of farm products larceny from the field.
The Committee on Agriculture offered a substitute for the original bill.
Mr. Winn moved that the whole matter lie on the table; upon agreeing to which the yeas and nays were required to be recorded, to-wit:

Those voting in the affirmative are-Messrs.

Brimberry,

McAfee,

Peavy,

Cannon,

of the 39th, Robinson,

DuBose, Freeman,

McDaniel, Newborn,

Slaughter,. Wilson,

Mattox, McAfee,

Payne,

\Vinn.

of the 32d,

Those voting in the negative are-Messrs.

Arnow,

Harris,

Lester,

Black,

Hopps,

Matthews,

Cain,

Howell,

McDonald,

Carter,

Hudson,

O'Daniel,

Cooper, Deadwiler,

of the 25th, Perry,

Hudson,

Reese,

Felton, Gilmore,

of the 28th, Rutherford,

Knight,

Wilcox.

Yeas, IS. Nays, 25.

So the motion was lost.

Mr. Howell moved to amend the substitute by striking

out the words after the words "eighteen hundred and sev-

enty-three," which motion was lost.

122

JouRNAL OF THE SEXATE

Mr. Harris moved to amend by striking out "all pro<lucts, except cotton on the seed," which was agreed to.
Mr. vVilson moved to amend by excepting the counties composing the 43d Senatorial District, which was withdrawn.
Mr. Black moved to recommit the bill to the Committee on Agriculture, which was agreed to.
The following message was received from the House of Representatives, through Mr. Sweat, the Clerk thereof, towit:
.Jfr. Prcsidmt: The House of Representatives has passed the following
bill, to-wit: A bill to regulate and prescribe the compensation of
Tax Collector, Tax Receiver and County Treasurer in and for the county of Floyd.
The House of Representatives has also agreed to the following resolution, in which they ask the concurrence of the Senate, and I am directed to transmit the same forthwith, to-wit:
A resolution for the appointment of a joint special committee to "investigate the alleged violation of the lease of the Western & Atlantic Railroad by the lessees thereof. The committee appointed on the part of the House are Messrs. Baker, Rankin, Fain, Lawton and Adams.
The following message was received from his Excellency the Governor, through Mr. Warren, his Secretary, to-wit:
.llfr. Prcsidmt: I am directed by his Excellency the Governor to deliver
to the Senate a sealed communication, to which he respectfully invites the consideration of your honorable body in Executive session.
The Senate took up the following bills, which were read
the second time and referred to the Committee on the Ju-
diciary, to-wit : A bill to exempt from road duty certain persons in this
State.

}AXUARY 21, 1876.

123

Also, a bill for the relief of Joel Branham, Esq., former Solicitor General of the Macon Circuit.
Also, a bill to amend the Constitution of this State, abolishing the homestead.
Also, a bill to regulate the pay of jurors in the county of Laurens.
Also, a bill to facilitate service on railroad companies in -certain cases.
Also, a bill to make indictments for misdemeanors, in the county of Calhoun, returnable to and triable by the County Court of said county.
Also, a bill to amend the law of limitations in reference to liens on property set apart as homesteads.
Also, a bill to amend the charter of the town of Dawson, in the county of Terrell.
Also, a bill to exempt from taxation, by counties or municipal corporations, certain professions, while they are taxed by the State.
Also, a bill to change the time of holding the Court of Ordinary for the county of Terrell.
Also, a bill to amend the charter of the town of Louis-ville, as to the sale of town commons.
Also, a bill to regulate the law of insurance in this State. Also, a bill to amend section 327 of the Code. Also, a bill to prohibit the sale of intoxicating liquors withinthree miles of Holly Springs Baptist Church, in the county of Elbert.
The Senate took up a bill to incorporate the Dry Hollow Mining Company, which was read the second time and referred to the Committee on Internal Improvements.
The Senate took up a bill to change the line between the counties of Wilcox and Irwin, which was read the second time and referred to the Committee on New Counties and County Lines.
The Senate took up a bill to prohibit the grazing of stock belonging to citizens of North Carolina, in the coun-

124

JouRNAL oF THE SENATE

ties of Rabun, Union and Towns, which was read the second time and referred to the Committee on the S~at:! of the Republic.
The Senate took up the following bills which were read the second time and referred to the Committee on Agriculture, to-wit :
A bill to keep open the waters of Kinchafonee creek for the passage of fish.
Also, a bill to induce the immigration to this State of industrious and skilled persons from other States and countries.
The Senate then went into Executive session. The Senate having returned to open session, adjourned till IO o'clock to-morrow morning.

SENATE CHAMBER, ATLANTA, GA., } Saturday, January 22, 1876, IO o'clock a. m.,

The Senate met according to adjournment, and was.

opened with prayer by the Chaplain.

The roll was called, and the following Senators were

present and answered to their names, to-wit-Messrs.

Arnow,

Hopps,

McDaniel,

Black, Brimberry,

Howell, Hudson,

McDonald, Newborn,

Cain, Cannon, Carter, Cooper, Deadwiler,

ofthe 25th, Hudson,
of the 28th, Kibbee, Knight,

O'Daniel, Payne, Peavy, Perry, Reese,

DuBose,

Lester,

Robinson,

Felton,

Matthews,

Rutherford,

Freeman,

Mattox,

Slaughter,

Gilmore,

McAfee,

Wilcox,

Graham, Harris, Hester,

of the 32d, McAfee,
of the 39th,

Wilson, \Vinn, MR. PRESIDEXT.

JANUARY 22, I8J6.

125

Mr. Gilmore moved to reconsider so much of the Journal of yesterday as relates to the passage of a bill to preserve unimpaired the right of trial by jury.
Upon agreeing to which, the yeas and nays were required to be recorded, to-wit:

Those voting in the affirmative are-Messrs.

Brimberry, Cain, Cannon, Carter, Felton, Freeman, Gilmore,

Graham, Lester, McAfee,
of the 39th, McDaniel, McDonald,

Newborn, O'Daniel, Payne, Robinson, Slaughter, Winn.

Those voting in the negative are-Messrs.

Arnow,

Hester,

Matthews,

Black,

Hopps,

McAfee,ofthe 32d,

Cooper,

Hudson,

Peavy,

Deadwiler,

of the 25th, Rutherford,

DuBose,

Kibbee,

Wilcox.

Harris,

Knight,

Yeas, 18. Nays, 16.

So the motion was agreed to.

Leave of absence was granted Mr. Perry for a few days, on account of sickness; and to Mr. vVilson, for to-day.

Leave of absence was granted the Committee on the Lunatic Asylum, for a few days, after to-day.

Mr. Rutherford was, on motion, added to the Committee on the Lunatic Asylum.

On motion, the Senate took up a reconsidered bill to preserve unimpaired the right of trial by jury, which was made the special order for to-day, at ro:30 o'clock a. m.

Mr. Payne, chairman of the Committee on Internal Improvements, made a report, which was read.

Mr. Lester, chairman of the Committee on the Judiciary, made a report, which was read.

126

JouRXAL oF THE SE~ATE

Mr. Felton, chairman of the Committee on Agriculture, made the following report, to-wit :
Jl;/r. President : The Committee on Agriculture have had under consid-
eration a bill to protect and encourage the agricultural interests of this State, by defining the offense of larceny from the field, and to prescribe a penalty therefor.
Also, a substitute therefor, entitled a bill to prevent unlawful 'traffic in farm products in this State, and report the same back, with the recommendation that the substitute offered by the Committee mi. Agriculture do pass in lieu of the original bill.
The following message was received from the House of Representati\'es, through l\Ir. Sweat, the Clerk thereof, to-wit:
llfr. Prcsidmt: The House of Representatives have passed the follow-
ing bills, to-wit: A bill to amend an Act to prohibit the buying, selling,
delivering or receiving of any farm products therein specified, between the hours of sunset and sunrise, in the co"unties of Lincoln, Brooks, and other counties, approved August 23, 1872, so as to apply the provisions of said Act and put the same in force in the county of Morgan.
Also, a bill to exempt from process of garnishment the wages of journeymen mechanics and day laborers.
Also, a bill to amend the charter of the Rising Fawn Iron Company of Georgia, and to authorize said co~pany to issue its first and second mortgage bonds, and to provide for the security and payment thereof.
The hour of 10:30 o'clock a. m. having arrived, .the Senate took up the special order, which was a bill to .preserve unimpaired the right of trial by jury.
Mr. Gilmore moved to amend by exempting frort?. the provisions of the bill the Middle Circuit.

}ANCARY 22, 18"76.

127

Mr. Cain moved to amend the report by providing that the Judge of the Superior Court shall have no right to grant a new trial, in cases of conviction, on the ground that the verdict is unsupported by the law.
Mr. Winri moved the indefinite postponement of the whole matter; upon agreeing to which the yeas and nays were required to be recorded, to-wit:

Those who voted in the affirmative are-Messrs.

Brimberry, Cain, Cannon,

Graham, Howell, Lester,

Newborn, O'Daniel, Payne,

Carter,

McAfee,

Robinson,

Felton, Freeman, Gilmore,

of the 39th, Slaughter,

rvicDaniel,

\Vinn.

Those who voted in the negative are-Messrs.

Arnow,

Hudson,

McAfee,

Black, Cooper, Deadwiler, Harris, Hester, Hopps,

of the 25th, Hudson,
of the 28th, Kibbee, Knight, Matthews, Mattox,

of the 32d, McDonald, Peavy, Reese, Rutherford, vVilcox.

Yeas, 18. Nays, 19.

So the motion was lost.

The amendment of Mr. Cain was lost.

The amendment of Mr. Gilmore was lost. The bill was read the third time. Upon the question,. ''shall this bill now pass?" the yeas and nays were required to be recorded, to-wit :

Those who voted in the affirmative are-Messrs.

Arnow, Black, Cooper, Deadwiler,

Hudson, of the 25th,
Hudson, of the 28th,

McAfee, of the 32d,
McDonald, Peavy,

128

JouRNAL OF THE SE~ATE

Harris, Hester, Hopps,

Kibbee, Knight, Matthews, Mattox,

Reese, Rutherford, Wilcox.

Those who voted in the negative are-Messrs.

Brimberry, Cain, Cannon, Carter, Felton, Freeman, Gilmore,

Graham, Howell, Lester, McAfee,
of the 39th, McDaniel,

Newborn, O'Daniel, Payne, Robinson, Slaughter, \Vinn.

Yeas, 19. Nays, 18.

So the bill was passed.

Mr. Kibbee, chairman of the Committee on Finance, made a report, which was read.
On motion, the Senate took up a bill for the better protection of the State treasury, which was made the special order for Tuesday next, at half-past 10 o'clock a. m., and one hundred copies were ordered to be printed for the use of the Senate.
On motion, fifty copies of a bill to amend the homestead laws were ordered to be printed for the use of the Senate.
On motion, the rules were suspended, and the following bills were introduced and severally read the first time, towit:
By Mr. vVinnA bill to provide for compensation to Ordinaries, Clerks of the Superior Courts and Sheriffs for certain services. By Mr. Black-

A bill to repeal an Act to create a County Court for

each county in this State, except certain counties therein named, so far as it applies to the county of Screven.
By Mr. HarrisA bill to amend section 894 of the Code.

jANUARY 24, I8J6.

129

Also, a bill for the relief of F. W. Williams, of the -county of Berrien.
By Mr. HowellA bill to incorporate the Bank of AtbntJ.. Also, a bill to allow Ernest Roch to practice law in this State. Also, a bill to make it penal for persons to take home_ stead fraudulently, and to prescribe the punishment therefor. By Mr. PayneA bill to amend the law relative to foreclosure of mort;gages on personal property, and for other purposes. Also, a bill to amend the garnishment laws of this State.
By Mr. ReeseA bill to provide for the protection of sheep in the coun1ry composing the 29th Senatorial District. By Mr. SlaughterA bill to provide for the compensation of Judge of the County Court, Solicitor and jurors in the county of Carroll. Also, a bill to amend section 4805 of the Code. The Senate then adjourned till ro o'clock a. m., on Monday next.

SENATE CHAMBER, ATLA:-<n, GA., } 111onday, January 24, I 876, roo'clock a. m.

The Senate met according to adjournment, and was

'Opened with prayer by the Chaplain.

The roll was called, and the following Senators were present and answered to their names, to-wit-Messrs.

Arnow,

Hester,

McAfee,

Black,

Hopps,

of the 39th,

Blance,

Howell,

McDaniel,

Brimberry,

Hudson,

Newborn,

Cain,

of the 25th, Payne,

9

130

jOURNAL OF THE SENATE

Cannon, Carter, Chastain, Cooper, Crawford, Deadwiler, DuBose, Felton, Freeman, Harris,

Hudson, of the 28th,
Kibbee, Knight, Lester, Matthews, Mattox, McAfee,
of the 32d,

Perry, Reese, Robinson, Rutherford, Slaughter, Wilcox, MR. PRESIDENT~

Mr. Reese, chairman of a special committee, made a report, which was read.

The roll was called, and the following bills were introduced and read the first time, to-wit:
By Mr. ArnowA bill to prevent the killing of game m the county of Camden, except under certain restrictions. Also, a bill to repeal an Act to provide for paying certain county officers of the county of Camden.

By 1\:Ir. HarrisA bill to amend the law of fire insurance in this State.
Also, a bill for the relief of J. A. Houser and L. M.
Houser, of the county of Houston, and F. M. Houser, of the county of Chatham.
Also, a bill to amend sections 36g9 and 3700 of the Code.
By Mr. CooperA bill to authorize and compel the collection of statistics of imports and exports to and from this State. By Mr. HowellA bill to establish and incorporate the Atlanta College of Dental Surgery. By Mr. KibbeeA bill to regulate and define the liability of the State as to the Macon & Brunswick Railroad, and for other purposes.

}AXliARY ~4, 1876.

131

Also, a bill to empower Judges of the Superior Courts to appoint stenographic reporters, and for other purposes.
By Mr. W. H. McAfeeA bill to incorporate the Blue Ridge Mining Company.
By Mr. NewbornA bill to change the line between the counties of Coffee and Clinch. Also, a bill to change the line bet,Yeen the counties of Clinch and Ware.
By Mr. O'DanieiA bill to amend an Act to create a Board of Commissioners for the county of Twiggs. Also, a bill to prescribe the fees of the County Treasurer of the county of Twiggs, and for other purposes. Also, a biil to amend an Act to prescribe the manner of granting license to sell intoxicating liquors in certain counties, so as to apply to the county of Twiggs. Also, a bill to consolidate the offices of Tax Receiver and Tax Collector of the county of Twiggs, and for other purposes. Also, a bill to fix the fees of Jailor of the county of Twiggs for dieting persons in the jail of said county. By Mr. ReeseA bill to define for whom trust estates may be created, and the reason for so creating such trust. By Mr. HarrisA bill to amend the jury laws applicable to cases of forcible entry and detainer. By Mr. BlackA bill to amend section 1272 of the Code. By Mr. DeadwilerA bill to amend section 3514 of the Code, relative to service of subprenas duces tecum. By Mr. SimmonsA bill to require guardians to settle with their female wards upon the marriage of said female ward.

132

JouRXAL OF THE SEXATE

Also, a bill to amend the law of insurance in this State. The Senate took up the following bills of the House of Representatives, which were read the third time, to-wit: A bill to amend the charter of the Rising Fawn Iron Company. Also, a bill to prov:de for the pay of jurors in the counties of Baldwin, Jefferson and Quitman. Also, a bill to exempt from garnishment the wages of journeymen mechanics and day laborers. Also, a bill to prohibit the sale of farm products in the county of Morgan, between sunset and sunrise. Also, a bill to repeal an Act to consolidate the offices of Tax Receiver and Tax Collector of the county of Union. Also, a bill to amend the charter of tl1e town of Milledgeville. Also, a bill to provide for paying for private roads to timber landings in the county of Emanuel. Also, a bill to create a Criminal Court for the county of Heard. Also, a bill to appoint Trustees for the Macon Guards, and for other purposes. Also, a bill to incorporate the Tybee Improvement Company. Also, a bill to change the incorporate limits of the town of Camilla, in the county of Mitchell.
Also, a bill to fix the salary for the Treasurer of the county of Richmond.
Also, a bill to declare of full force the tax ordinances of the City Council of Augusta, for the year 1874
Also, a bill to amend an Act to prescribe the manner of granting license to sell intoxicating liquors in the counties of Burke, Jefferson and vVashington, so as to apply the same to the county of Marion.
Also, a bill to prescribe the compensation of Tax Collector, Tax Receiver and Treasurer, of the county of Floyd.

]A:\'UARY 24, 1876.

133

Also, a bill to regulate the pay of jurors for the county of Dodge.
Also, a biil to amend an Act to prohibit the sale of farm products in the counties of Lincoln and Brooks, between sunset and sunrise, so as to embrace the county of Heard.
Also, a bill to change the line between the counties of Irwin and 'vVorth.
The Senate took up the following bills, which were read the second time and referred to the Committee on the Judiciary, to-wit:
A bill to regulate the compensation of the Judge of the County Court, Solicitor and Sheriff of the county of Carroll.
Also, a bill to amend section 894 of the Code. Also, a bill for the relief of F. M. Williams, of the county of Berrien. Also, a bill to authorize Ernest Roch to practice law in this State. Also, a bill to provide for compensation to Ordinaries, Sheriffs and Clerks of the Superior Courts, for certain services. Also, a bill to define and punish fraudulent conduct of persons taking the benefit of homestead. Also, a bill to amend the garnishment laws of this State. Also, a bill to amend the law as to foreclosure of mortgages on personal property. Also, a bill to repeal an Act to establish a County Court for the county of Screven.
The Senate took up a bill to protect sheep raising in the counties composing the 29th Senatorial District, which was read the second time and referred to the Committee on Agriculture.
The Senate took up a bill to incorporate the Bank of Atlanta, which was read the second time and referred to the Committee on Banks.
The Senate took up a bill to amend section 4805 of the

134

JouRNAL OF THE SE::"'ATE

Code, which was read the second time and referred to the Committee on the Penitentiary.
The following message was received from the House of Representatives, through l\Ir. Sweat, the Clerk thereof, to-wit:
Mr. President : The House of Representatives has passed the following
bills, to-wit: A bill to change the time of holding the Superior Court
of the county of Burke, and for other purposes. Also, a bill to fix the compensation of jurors for the
county of Burke. Also, a bill to regulate marriages in this State, and for
other purposes. Also, a bill to incorporate the city of Griffin, Spalding
county, Georgia, and for other purposes. Also, a bill to confer additional powers upon the Tax
Collector of Sumter county, and to make said Tax Collector ex-officio Sheriff in certain cases.
Also, a bill to change the line between the counties of Marion and Taylor.
Also, a bill to consolidate the offices of Treasurer and the Clerk of the Superior Court of the county of Webster, and for other purposes.
Also, a bill to regulate the compensation of grand and petit jurors in the county of \Vebster, and for other purposes.
Also, a bill to protect the owners of stock in the county of Wayne, and for other purposes.
Also, a bill to fix the compensation of jurors and bailiffs in the county of wayne.
Also, a bill to amend section 15th of an Act to create a County Court for the county of Clayton, approved February 28, 1874, as far as applies to the county of Campbell.
Also, a bill to amend an Act, approved January 19, 1872, so far as relates to the county of Thomas.

}A:'\UARY 24, 1876.

135

Also, a bill to create a Board of Commissionen of Roads and Revenues for the county of \Vayne; to define their powers and duties, and for other purposes.
Also, a bill authorizing and requiring the School Commissioners of the town district of the town of Thomaston, and the county Board of Education of Upson county, to make conveyance of Academy lots to the Trustees of Thomaston High School, and to pay the pro rata of the public school fund to the account of its teachers.
Also, a bill to authorize. the Ordinaries of the counties of Randolph and Calhoun to hire out prisoners confined in the jails of said counties for m;sdemeanors, and for other purposes.
Also, a bill to prevent the sale of malt or spirituous liquors within three miles of Union church, in Richmond county.
The Senate took up, as the rep::>rt of the Committee of the \Vhole, a bill to prescribe the place and manner of returning awards.
The Committee on the Judiciary recommended a substitute in lieu of the original bill, which was agreed to. The report as amended was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill to regulate the pay of jurors in the county of Laurens.
The Committee on the Judiciary recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the whole, a bill to make indictments for offenses below felony, in the county of Calhoun, returnable to and triable by the County Court of said county.
The Committee on the Judiciary moved to amend by :striking out the following words: "Returnable to," and insert in lieu thereof, "transferred," which was agreed to.

136

JouRNAL OF THE SENATE

The report as amended was agreed to. The bill was read~ the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill to amend the Constitution of this State.
The Committee on the Judiciary recommended its passage. The report >vas agreed to. The bill was read the third time, and upon the question ''shall this bill now pass?" the yeas and nays ''"ere required to be recorded, to-wit:
Those voting in the affirmative are-Messrs.

Cain, Cannon, Carter, Chastain, Crawford, Deadwiler, DuBose,

Freeman,

McDaniel,

Howell,

Payne,

Kibbee,

Reese,

Lester,

Robinson.

McAfee,

vVilcox,

of the 32d, vVinn.

McAfee,ofthe 39th,

Those voting in the negative are-Messrs.

Arnow, Black, Blance,

Brimberry, Cooper, Hester,

Hudson,ofthe 25th,. l\Iattox, Newborn.

Yeas, 19. Nays, 9 So the bill was passed by a constitutional majority.

The Senate took up, as the report of the Committee of the vVhole, a bill to amend the charter of the town of Louisville, as to the sale of the town commons.

The Committee on the Judiciary recommended its passage. The report was agreed to. The bill was read the third time and passed.

The Senate took up, as the report of the Committee of the Whole, a bill to amend the ~charter of the town of Dawson.

The Committee on the Judiciary recommended its passage. The report was agreed to. The bill was read the

third time and passed. The Senate took up, as the report of the Committee of
the Whole, a bill to amend section 2279 of the Code.

}ANUARY 24, 1876.

137

The Committee on the Judiciary moved to amend the report, by striking out the words ''for a term of three years, or any," which was agreed to. The report as amended was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of

the Whole, a bill for the relief of officers and agents of the Georgia Railroad Company.

The Committee on the Judiciary recommended its pass-

age. The report was .agreed to. The bill was read the

third time and passed.

f

The Senate took up, as the report of the Committee o

the \Vhole, a bill to make minors parties to legal proceed-

ings in the courts of this State, and to define the manner

of service on such minors.

The Committee on the Judiciary recommended its pass-

age.

l\Ir. Reese moved to amend as follows: by striking out

the words from lines 15 and 16: ''or if none on the guar-

dian," and by inserting at the end of the section these

words: ''and in all cases ,.,here there is a statutory or tes-

tamentary guardian or trustee representing the interest of

the minor to be affected by a legal proceeding, served as

usual on such guardian or trustee, shall be sufficient to

bind said minor's interest in their control to be affected by

said proceedings;" which was agreed to. The report as

amended was agreed to. The bill was read the third time

and passed.

The Senate took up, as the report of the Committee of

the Whole, a bill to amend section 4402 of the Code.

The Committee on the Judiciary recommended adversely to its passage. The report was agreed to, and the bill was. lost.
The hour of adjournment having arrived, the Senate adjourned until 10 o'clock to-morrow morning.

138

}OURXAL OF THE SEXATE

SENATE CHAMBER, ATLANTA, GA., } Tuesday, january 25tlz, 1876, 10 o'clock a. m.

The Senate met according to adjournment, and was

opened with prayer by the Chaplain.

The roll was called, and the following Senators were

present, and answered to their names, to-wit-Messrs.

Arnow,

Graham,

McAfee,ofthe 39th,

Black,

Harris,

1\'lcDaniel,

Blance,

Hester,

McDonald,

Brimberry,

Hopps,

Newborn,

Cain,

Howell,

Payne,

Cannon, Chastain, Cooper,

Hudson, of the 25th,
Kibbee,

Peavy, Reese, Robinson,

Crawford,

Knight,

\Vilcox,

Deadwiler,

Lester,

Wilson,

DuBose, Felton,

l\Iattox, 1\IcAfee,

\Vinn, 1\IR. PRESIDEXT.

Freeman,

of the 32d,

Mr. Felton, chairman of the Committee on Agriculture,

made a report, which was read.

Mr. Lester, chairman of the Committee on the Judi-

ciary, made a report, which was read.

The roll was called for the introduction of new matter, when the following bills were introduced and severally read the first time, to-wit:
By Mr. DuBoseA bill to declare where claims shall be returned to prop-
erty levied upon by an execution issued by an Ordinary.

By Mr. GrahamA bill to authorize the Commissioners of the county of Clay to hire out persons convicted of misdemeanors in said county.

By Mr. HarrisA bill to change sections 242 and 243 of the Code.

}ANUARY 25, 1876.

139

By :rvrr. HowellA bill to grant R. C. Mitchell & Co. certain privileges in making an abstract of the records of deeds and mortgages in the county of Fulton. By Mr. MattoxA bill to compensate the Clerk of the Superior Court and Sheriff of the county of Liberty for certain services. By Mr. PerryA bill to prevent the obstruction of the free passage of fish in the counties of Calhoun and Baker. The Senate took up, as the report of the Committee of the \Vhole, a bill to prevent the destruction of insectiverous birds in the counties of Calhoun and Baker, and for other purposes. The Committee on Internal Improvements moved to strike out sections 2d and 3d of the bill, which was agreed to. The report as amended was agreed to. l\Ir. Cooper moved to amend further by inserting the county of Bartow, which was agreed to. The bill was read the third time and passed. On motion, the Senate took up a bill to protect and encourage the agricultural interests of this State, which was made the special order for Thursday next, at half-past 10 o'clock, and fifty copies thereof, and the same number of the substitute offered by the Committee on Agriculture, were ordered to be printed for the use of the Senate. The hour of half-past 10 o'clock having arrived, the Senate took up the special order, ,,hich was a bill for the better protection of the State treasury, and for other purposes. On motion, the bill was considered by sections.
The 1st section was read and agreed to.
The 2d section was read.
Mr. Kibbee moved to amend by striking out the word
"and" in the fourth line of the printed bill, which was withdrawn, and the section was then agreed to.

140

JouRNAL OF THE SE:-!ATE

The 3d section was read. Mr. Payne moved to amend by inserting after the word "debt" these words: "together with a statement of all liens of every kind, and the amount of the same, which may exist against the property contained in the schedule filed" ; "hich was agreed to. The section as amended was agreed to. The 4th, 5th and 6th sections were read and agreed to. The 7th section was read. Mr. Kibbee moved to amend by inserting after the word ''or" ''that his bond is." Mr. Cain moved to insert the words ''that his bond is insufficient" in lieu of the \Vords proposed by Mr. Kibbee; which was agreed to. The section as amended was agreed to. The 8th, 9th, roth and I Ith sections were read and agreed to. The I 2th section was read. l\Ir. Kibbee moved to amend by inserting after the words "to whom paid," these words: "when paid and on what account," which was agreed to. Mr. Hester moved to strike out these words: ''but the deposits of the public revenue or money shall be made only in such bank or banks as the Governor may direct." Mr. Cain moved to substitute for the amendment:offered by Mr. Hester, to insert after the words ''bank or banks as the" the words "Treasurer, with the approval of the Governor, may select," which was agreed to. Mr. DuBose moved to amend further by striking out the word "order" and insert the word "approval," which was agreed to. Mr. Kibbee moved to amend further by striking out paragraph 7th of the section, which was agreed to. Mr. Cain moved to amend further by striking out the words "to be designated by the Governor," and insert in lieu thereof these words : ''selected by the Treasurer, with the approval of the Governor," which was agreed to.

}ANUARY 25, 1876.

141

Mr. Cain moved to further amend by striking out the word "direction" and insert "approval," which was agreed to.
Mr. Kibbee moved to amend by striking_ out the words "chartered" and "of this State," which was withdrawn.
Mr. Cooper moved to amend by adding the following : ''In all cases of deposits made in any bank by the Treasurer, with the approval of the Governor, the Treasurer shall be responsible for the safety of the funds so deposited."
Mr. DuBose moved to substitute for the amendment of Mr. Cooper, the following: "Proz,z"dcd, that the Treasurer and his sureties shall be responsible for all moneys deposited in any banks, even though made under the approval of the Governor."
'Mr. Cain offered as a substitute for the amendments of Messrs. Cooper and DuBose the following: "The Treasurer and his sureties shall be responsible for all deposits under this or any other section of this Act, notwithstanding the approval of the Governor," which was agreed to.
Mr. Black moved further to amend by inserting after the word "paid" the words "in ink," which was withdrawn. The section, as amended, was agreed to.
The 13th, 14th and 15th sectic.ns were read and agreed to.
1\lr. Cooper moved to amend further by striking out, in section 14th, the words "shall have only those defenses
now allowed to Tax Collectors against .ft. jas. issued
against them by the Comptroller General," and insert in lieu thereof ''shall have only such defenses as are now allowed to Tax Collectors," which was agreed to. The report, as amended, was agreed to. The bill was read the third time and passed.
The following message was received from the House of Representatives, through Mr. Sweat, the Clerk thereof, to-wit:

142

JouRN.\L OF THE SENATE

Mr. Presidmt: The House of Representatives have passed the following
bills, to-wit : A bill to create a Supervisor of Roads for the county of
Columbia. Also, a bill to change the line between the counties of
Calhoun and Randolph.
Also, a bill to reduce the compensation of Tax Collector, Tax Receiver and Treasurer of the county of Wilkinson; to fix the compensation of Commissioners of Roads and Revenues of said county, and to provide compensation for their clerk; to reduce the per diem pay of jurors and bailiffs of said county; to fix the jailor's fees, and to provide extra compensation for officers of said county.
Also, a bill to amend an Act entitled an Act for the prevention of cruelty to animals, approved l\'Iarch I, 1875. .
Also, a bill for the relief of J. E. McGuire, of Rartow
county. Also, bill to repeal an Act entitled an Act to create a
Board of Commissioners of Roads and Revenues in the county of Dooly, and to define their powers, approved February 22, 1873.
Also, a bill to authorize the Commissioners of Coweta county to grant orders upon the Treasurer of said county to pay grand and petit jurors for services rendered in tre year 1875.
Also, a bill to prohibit the sale of any kind of intoxicating or ardent spirits within two miles of Cedar Creek Baptist Church, in the county of Floyd.
Also, a hill to fix the compensation of jurors in the County Court of Dooly county, and to provide for the payment thereof.
Also, a bill to fix the per diem of grand and petit jurors in the county of Clinch.
Also, a bill to change the line between the counties of
Newton and Rockdale.

}ANUARY 25, 1876.

143

Also, a bill to fix the pay of jurors in the county of Muscogee.
Also, a bill to consolidate the offices of Tax Collector and; County Treasurer of the county of Fannin, of this State.
Also, a bill to require Receivers of Tax Returns to take down in full, on their digest, the christian names of all tax
p;~.yers.
Also, a bill to amend an Act, approved August 23, 1872, entitled an Act to prohibit the huying, selling, delivering or receiving of any farm products therein specified, between sunset and sunrise, in the counties of Lincoln, Brooks, Greene, and other counties therein named, so as to include in said Act the county of Butts.
Also, a bill to amend.an Act entitled an Act to amend and reduce into one the several Acts and amendments thereto, incorporating the village of Cave Spring, in the county of Floyd, approved December q, 1871.
The House has also concurred in the following resolution of the Senate, to-wit :
A resolution asking information of the Governor in rela. tion to the amount of moneys and bonds taken from the treasury by the then acting Treasurer, when the State for the second time was put under military rule, and how much of the same has since been returned.
On motion, the Senate took up a bill to amend the homestead laws of this State, which was made the special order for to-morrow at I I o'clock.
The Senate took up, as the report of the Committee of the vVhole, a bill to incorporate the Harper Sewing Machine Company.
The Committee on the Judiciary, moved to amend by adding the name of J C. Peck as one of the corporators, which was agreed to. The report as amended was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of

144

JouRNAL OF THE SENTAE

the Whole, a bill to provide for compensation to Ordinaries, Sheriffs, and Clerks of the Superior Court for certain serv1ces.
The Committee on the Judiciary moved to amend by adding after the words "Judge of the Superior Court" the words ''where there is no Board of Commissioners, and \vhere there is a Board of Commissioners then to such Board" ; \v'hich was agreed to. The report as amended was agreed to. The bill was read the third time.
On motion, the bill was re-committed to the Committee Dn the Judiciary.
On motion, the rules were suspended, and the Senate took up the following bills, which were read the second time and referred to the Committee on the Judiciary, towit:
A bill to amend an Act to prescribe the manner of granting license to sell intoxicating liquors in the counties of Jefferson, Burke and \Vashington, so as to include the county of Twiggs.
Also, a bill to amend the law relating to fire insurance in this State.
Also, a bill to prevent the killing of game in the county -of Camden, except under certain restrictions.
Also, a bill to fix the fees of Jailor of the county of Twiggs for dieting prisoners confined in the jail of said county.
Also, a bill to provide a jury in cases of forcible entry and detainer.
Also, a bill to amend the law as to service of subpa:nas duces tecum.
Also, a bill to define the persons for whom trust estates may be created.
Also, a bill to amend the law of insurance in this State. Also, a bill to compel guardians to settle with their female wards on the marriage of such wards.
Also, a bill to amend sections 3699 and 3700 of the
Code.

JANUARY 25, 1876.

145

The Senate took up the following bills, which were read "the second time and referred to the Committee on Finance, "to-wit:
A bill for the relief of J. A. Houser, L. M. Houser and
F. M. Houser. Also, a bill to prescribe the fees of Treasurer of the
~ounty of Twiggs. Also, a bill to amend section 12 72 of the Code. The Senate took up the following bills, which were read
the second time and referred to the Committee on Internal Improvements, to-wit:
A bill to incorporate the Blue Ridge Mining Company. Also, a bill to incorporate the Atlanta College of Dental Surgery. The Senate took up the following bills, which were read .the second time, and referred to the Committee on New Counties and County Lines, to-wit: A bill to change the line between the counties of vVare .and Clinch. Also, a bill to change the line between the counties of Clinch and Coffee.
The Senate took up the following bills, which were read the second time and referred to the Committee of the Whole, to-wit:
A bill to consolidate the offices of Tax Receiver and Tax Collector of the county of Twiggs, and for other purposes.
Also, a bill to repeal an Act to fix the official bonds of certain county officers of the county of Camden.
On motion of Mr. Harris, a seat on the floor of the Senate was tendered to Hon. L. N. Trammell during his stay i 1 the city.
The Senate took up a bill to regulate official advertising, which was, on motion, re-committed to)he Committee on .the Judiciary.
The Senate took up the following bills of the House of
IO

146

JOURNAL OF THE SENATE

Representatives, which were read the second time and referred to the Committee on the Judiciary, to-wit:
A bill to exempt from garnishment the wages of journeymen mechanics and day laborers.
Also, a bill to regulate the pay of jurors in the county of Dodge.
Also, a bill to repeal an Act to consolidate the offices of Tax Receiver and Tax Collector of the county of Union.
Also, a bill to amend an Act to prescribe the manner of granting license to sell intoxicating liquor;; in the counties of Burke, Jefferson and Washington.
Also, a bill to declare of full force the tax ordinances of the city of Augusta for the year 1874
Also, a bill to appoint Trustees for the Macon Guards, and for other purposes.
Also, a bill to provide a salary for the Treasurer of Richmond county.
Also, a bill to organize a Criminal Court for the county of Heard.
Also, a bill to provide for obtaining private ways to timber landings in the county of Emanuel.
Also, a bill to amend the charter of the town of Milledgeville.
Also, a bill to regulate the compensation of Tax Collector, Tax Receiver and Treasurer of the county of Floyd.
Also, a bill to provide for the compensation of jurors in the counties of Baldwin, Jefferson and Quitman.
Also, a bill to prohibit the sale of farm products in the county of Morgan, between the hours of sunset and sunrise.
The Senate took up a bill of the House of Representatives, to-wit:
A bill to amend the charter of the Rising Fawn Iron Company, which was read the second time and referred tothe Committee on Finance.
The ~enate took up the following bills of the House of

JANUARY 26, 1876.

147

Representatives, which were read the second time and referred to the Committee on Internal Improvements, to-wit:
A bill to incorporate the Tybee Improvement company. Also, a bill to define the corporate limits of the town of Camilla, in the county of Mitchell. The Senate took up a bill of the House of Representatives, to-wit : A bill to change the line between the counties of Irwin and \Vorth, which was read the second time and referred to the Committee on New Counties and County Lines. The Senate took up a bill of the House of Representatives, to-\\it : A bill to prohibit the sale of farm products in the county of Heard, between the hours of sunset and sunrise, which was read the second time and referred to the Committee of the \Vhole. l\Ir. \Vinn introduced a bill to prohibit the sale of ardent spirits within one mile of the depot at Suwanee, in the county of Gwinnett, which was read the first time. The Senate, on motion, then ac!journed till IO o'clock to-morro\V morning.

SENATE CHAMBER, ATLA:-:TA, GA., } lVcdncsday, JanumJ' 26, 1876, IO o'clock a. m.

The Senate met according to adjournment, and was opened with prayer by the Chaplain.

The roll was called, and the following Senators were present and answered to their names, to-wit-Messrs.

Arnow, Black, Blance, Brimberry, Cain, Cannon, Carter, Chastain,

Harris, Hester, Hopps, Howell, Hudson,
of the 25th, Hudson,
of the 28th,

McAfee, of the 39th,
McDaniel, McDonald, Newborn, O'Daniel, Payne, Peavy,

148

}OURXAL OF THE SENATE

Cooper, Crawford, Deadwiler, DuBose, Felton, Freeman, Gilmore, Graham,

Kibbee, Knight, Lester, Matthews, Mattox, McAfee,
of the 32d,

Reese, Robinson, Slaughter, Wilcox, Wilson, \Vinn, 1\!R. PRESIDENT.

Mr. Cain moved to reconsider so much of the Journal of yesterday as relates to the passage of a bill for the better protection of the State treasury, which was agreed to.
On motion, the bill just reconsidered was committed to the Committee on Finance.
Mr. wilson offered a memorial of certain citizens of the county of \Vhitfield on the subject of retrenchment and reform, which was read and referred to the Committee on the Judiciary.
Mr. Simmons offered a memorial of the Connntion of Crop Reporters, asking the Legislature to tax dogs, which was read.
Mr. Lester, chairman of the Committee on the Judiciary, made a report, which \Vas read.
Mr. Payne, chairman of the Committee on Internal Improvements, made a report, which was read.
Mr. Cain, chairman of the Committee on Education, made a report, which was read.
Mr. \Vinn, chairman of the Committee on Banks, made a report, which was read.
Mr. Hester, chairman of the Committee on Kew Counties and County Lines, made a report, which was read.
Mr. Kibbee, chairman of the Committee on Finance, made a report, which was read.
The Senate took up the following bills, which were read the second time, and referred to the Committee on the Judiciary, to-wit:
A bill to provide the place where claim cases shall ce

}A~CARY 26, 1876.

149

returned to property levied on by executions issued by Ordinaries.
Also, a bill to authorize the Board of Commissioners of the county of Clay to hire out persons convicted in said county of misdemeanors.
Also, a bill to amend sections 242 and 243 of the Code. Also, a bill to allow R. C. Mitchell & Co. to take abstracts from the records of the county of Fulton. The Senate took up a bill to prevent the obstruction of the free passage of fish in the counties of Baker and Calhoun, which was read the second time and referred to the Committee on Agriculture. The Senate took up the following bills, which \Vere read the second time and referred to the Committee of the Whole, to-wit : A bill to prohibit the sale of ardent spirits within one mile of Suwanee, in the county of Gwinnett. Also, a bill to compensate the Clerk of the Superior Court and Sheriff of the county of Liberty for certain servtces.
The Senate took up the following bills of the House of Representatives, \Yhich were read the first time, to-wit:
A bill to fix the compensation of jurors in the county of Butts.
Also, a bill to reduce the compensation of Tax Collector, Tax Receiver and Treasurer of the county of \Vilkinson, and for other purposes.
Also, a bill to fix the compensation of jurors in the county of Burke.
Also, a bill to consolidate the offices of Tax Collector and Treasurer of the county of Fannin.
The rules were suspended, and the Senate took up, as the report of the Committee of the Whole, a bill t:o create a new Judicial Circuit, to be known as the Appalachee Circuit.
Mr. W. H. McAfee offered a substitute in lieu of the original bill, which was ruled out of order.

150

JouRNAL OF THE SENATE

The Committee on the Judiciary recommended the passage of the original bill.
Pending the consideration of this bill, the hour of I I o'clock having arrived, the Senate took up the special order, which was postponed till the bill under consideration was disposed of.
The report of the committee was agreed to. The bill was read the third time, and upon the question, "shall this bill now pass?" the yeas and nays were required to be recorded, to-wit:

Those voting in the affirmative are-Messrs.

Arnow, Brimberry, Cain, Chastain, Deadwiler, Gilmore,

Harris, Hovvell, Hudson,
of the 25th, Hudson,
of the 28th,

McDaniel, O'Daniel, Reese, Winn.

Those voting in the negative are-:\fessrs.

Black,

Graham,

:rvicDonald,

Blance,

Hester,

N"ewborn,

Cannon,

Hopps,

Payne,

Carter,

Lester,

Peavy,

Cooper,

l\Iatthews,

Robinson,

Crawford, DuBose,

Mattox, McAfee,

Slaughter, \Vilcox,

Felton,

of the 32d, \Vilson.

Freeman,

McAfee, of the 39th,

Yeas, 14 Nays, 25.

So the bill was lost.

The following message was received from the House of

Representatives, through Mr. Sweat, the Clerk thereof, to-

wit:

Mr. President:

The House of Representati\es have passed the following

bills, to-wit :

A bill to repeal an Act entitled an Act to create a Board

}AKUARY 26, 1876.

151

Qf Commissioners for the county of Clay, and to prescribe and define the po\\'ers and duties thereof, approved February 20, 1873
Also, a bill to amend an Act entitled an Act to amend an Act to incorporate the town of Bowdon, in the county of Carroll, approved March 19, 1869.
Also, a bill to regulate the pay of grand and petit jurors for the counties of Montgomery and Telfair.
Also, a bill to change the county lines between Stewart and \Vebster.
Also, a bill to amend an Act entitled an Act to abolish the offices of Tax Collector and Tax Receiver of Murray county, as separate offices, and to make the Sheriff of said county Tax Collector, and to make the Deputy Sheriff of said county Tax Receiver, approved February 4, 1875, and for other purposes.
Also, a bill to regulate the pay of jurors, and provide for the extra compensation of county officers in the county of Effingham.
Also, a bill to chan;_;e the line between the counties of Ware and Pierce.
Also, a bill to fix the salary of the Judge of the County Court of Brooks county.
Also, a bill to regulate the pay of grand and petit jurors in Dougherty county.
Also, a bill to amend the charter of the town of Swainsboro, in Em1nuel county, and for other purposes.
Also, a bill for the relief of James R. Strickland, of the county of Heard.
Also, a bill to create the office of Commissioners of Roads for the county of Jones, to define their duties, and provide -<:ompensation therefor.
Also, a bill to change the line between the counties of Clinch and Coffee.
Also, a bill to abolish the offices of County School Commissioner and member of the Board of Education, so far as

\

152

}OURXAL OF THE SEXATE

the counties of Fannin and Pickens are concerned, and to provide other agents for performing the duties now performed by the incumbents of those offices.
Also, a bill to incorporate the town of \Vadley, in the county of Jefferson, and to appoint Commissioners for the same ; to define the corporate limits of said town, and to confer certain powers upon the officers ot said corporation.
Also, a bill to add a proviso to section 2 I st of an Act to amend the charter of the town of Athens, and the various Acts amendatory thereof, approved August 24, 1872.
Also, a bill to prescribe the mode of granting license to sell intoxicating liquors in the counties of Brooks and Tattnall.
Mr. \Vilson offered a resolution inviting Col. \V. K. Moore to a seat on the floor of the Senate, during his stay in the city, which was taken up, read and agreed to.
Leave of absence was granted to Mr. Rutherford for a few days, and to Mr. Felton, after to-day,
The Senate took up the special order, which was a bill to amend the homestead laws of this State.
Pending the consideration of the bill, the hour of adjournment having arrived, the Senate adjourned till 10 o'clock to-morrow morning.

SENATE CHAMBER, ATLAXTA, GA., } TlmrsdaJ', '.January 27, 1876, ro o'clock a. m.

The Senate met according to adjournment, and was opened with prayer by the Chaplain.
The roll was called, and the following Senators were present and answered to their names, to-wit-Messrs.

Arnow, Black, Blance, Brimberry, Cain,

Hester, Hopps, Howell, Hudson,
of the 25th,

McDaniel, McDonald, Newborn, O'Daniel, Payne,

JANUARY 27, 1876.

15&.

Carter, Chastain, Cooper, Crawford, Deadwiler, DuBose, Felton, Freeman, Gilmore, Graham, Harris,

Hudson, of the 28th,
Knight, Lester, Matthews, Mattox, McAfee,
of the 32d, McAfee,
of the 39th,

Peavy, Reese, Robinson, Rutherford, Slaughter, Wilcox, Wilson, Winn, MR. PRESIDENT.

.Mr. McDaniel moved to reconsider so much of the Journal of yesterday as relates to the loss of a bill to create a new Judicial Circuit, to be known as the Appalachee Circuit, which motion was agreed to.
On motion, the rules were suspended, and the bill just reconsidered was taken up, and re-committed to the Committee on the Judiciary.
The Senate resumed the consideration of the unfinished business of yesterday, which was a bill to amend the homestead la\vs of this State.
Mr. Cain moved to amend the 17th section of the substitute reported by the Committee on the Judiciary, by inserting in the sixth line of said section, after the words ''Superior Court," the words ''of the circuit in which the property is situated."

Mr. Reese moved to amend the amendment offered by Mr. Cain, by adding the following: ''unless he is interested, when application may be made to the Judge of the adjoining Circuit," which was accepted by Mr. Cain.
The amendment of Mr. Cain, as amended, was agreed to.

Mr. \Vinn moved further to amend the 1st section by strinking out all reference to exemption laws prior to 1868~ which was lost.

154

JouRNAL OF THE SE~ATE

Mr. Blance moved to amend section 2<1 by striking out the words "stamped envelopes," and insert in lieu thereof, "stamps and envelopes," which motion was lost.
Mr. Payne moved to amend section 2d by inserting after the word "application," the following: "if such residence be known," which was lost.

The report, as amended, was agreed to. The bill was read the third time. Upon the question, "shall this bill now pass?" the yeas and nays were required to be recorded, to-wit:

Those voting in the affirmative are-Messrs.

Arnow, Black, Cain, Carter, Chastain, Cooper, Crawford, Deadwiler, DuBose, Felton, Freeman,

Gilmore,

Matthews,

Graham,

McDaniel,

Harris,

1\icDonald,

Hopps,

Newborn,

Hudson,

O'Daniel,

of the 25th, Payne,

Hudson,

Peavy,

of the 28th, Perry,

Kibbee,

Reese,

Knight,

Rutherford.

Lester,

Those voting in the negative are-Messrs.

Blance,

McAfee,

\Vilcox,

Brimberry,

of the 39th, \Vilson,

Mattox,

Robinson,

\Vinn.

McAfee,

Slaughter,

of the 32d,

Yeas 30. Nays IO.

So the bill was passed.

Leave of absence was granted to Mr. Cannon for a few

days. A memorial from the Convention of Crop Reporters was
received and read. Mr. Payne, chairman of the Committee on Internal Im-
provements, made a report, which was read.

}ANUARY 27, 1876.

15.)

Mr. Felton, chairman of the Committee on Agriculture, made a report, which was read.
Mr. Howell, chairman of the Committee on the Penitentiary, made a report, which was read.
The Senate took up the special order, which was a bill to protect the agricultural interests of this State.
The Committee on Agriculture offered a substitute for the original bill.
Mr. W. I. Hudson offered a substitute for the original bill and the substitute offered by the Committee on Agriculture, which was lost.
Mr. DuBose moved to amend the caption of the substitute by adding the \\ords, ''and to prescribe a penalty therefor," which was agreed to.
l\1r. Payne moved to amend by exempting the counties of walker, Dade and Catoosa, which was withdrawn.
l\1r. Felton moved further to amend by striking out all after the word "made," in the eighth line, and insert "and in all trials had under this Act, it shall be incumbent on the defendant to prove that the ownership of such articles as are herein mentioned was in the parties offering for sale the same," which was lost.
Mr. Wilson moved further to amend by excepting from the operation of the Act the counties of Whitfield, Murray, Gordon, Dawson, Lumpkin, White, Fannin, Gilmer and Pickens, which was lost.
Mr. Cain moved to amend by striking out from the word--, in second line, and insert these \Yords: "it shall not be lawful for any person to buy any cotton in the seed from persons residing on lands as tenants or laborers, without the written permit of the owner of said lands or their agents, and any such person so buying shall be punished,'' etc., which was lost.
Mr. Winn moved further to amend by striking out the last clause of the first section, which was withdrawn.
Mr. Blance moved to strike all of the first section after

-156

JouRNAL OF THE SE~ATE

the words "eighteen hundred and seventy-three," which was agreed to.
Mr. \Vilson moved to indefinitely postpone the whole matter.
Mr. Harris moved to lay the matter on the table, for the present, which was agreed to.
The following Message \Yas received from the House of Representatives, th!ough l\Ir. S\\Tat, the Clerk thereof, to-wit:
lift. Prcsidmt: The House of Representatives has passed the following
bills, to-wit: A bill to exempt from taxation the cotton, corn, and
other produce of the previous year, in the hand of the producer on the 1st of April, and held for sale by him.
Also, a bill to repeal an Act establishing a County Court for the county of Mitchell, in this State, and amendments thereto, and to abolish the same.
Also, a bill to create a Board of Commissioners for the county of Greene.
Mr. Blance, chairman of the Committee on the Institution for the Deaf and Dumb, made the following report, to-wit:
Jl;fr. President :
The joint committee visiting the Institute for the Deaf and Dumb, at Cave Spring, Ga., have performed that duty, and submit the following report, to-wit :
In the matter of the Officers and Trustees of the Institution, we have to say that, from the observation and evidences given us during our visit, we are satisfied that they seem to be alive to their duties, and earnest in their desire, and successful in their efforts, in making the Institute, as it should be, an honor and credit to the State.
We are satisfied that the disbursement of the public funds has been economically and faithfully made, and commend Mr. A. ]. King, the Treasurer of the Board of

JANUARY 2J, 1876.

157

Trustees, for the satisfactory exhibition of his books and vouchers for the financial condition of the funds entrusted to his care and distribution.
I
\Ve might mention with commendation each individual officer by name, and do no more than justice requires at our hands ; but the condition of the surroundings, the progress of the inmates, and especially the happy faces and conduct of these unfortunates, speak louder than words in praise of their labors and management.
\Vith one exception, the Trustees arc attentive to their duties, and seem to take much pride and interest in the progress and management of the Institution under their charge, to promote the ends in view of the founders of this
noble charity. The exception referred to is Mr. J. D.
Thompson, of Fulton county, who, we arc informed, has not attended the meeting of the Trustees at any time. Your committee suggest that if it be not his intention to do so, that he be requested to resign, that the Governor may appoint some suitable and proper person who will discharge the duties required.
And, in this connection, we suggest that a sufficient sum be appropriated to pay the actual expenses of the Trustees visiting the said Institution in the discharge of their official duties.
\Ve report the buildings in good order and repair, and kept in a neat and satisfactory condition. Your committee are, however, well satisfied that the Institution is greatly in need of quarters for hospital purposes.
In case of sickness, and especially in case of epidemic, the sick and the well alike demand separate apartments for their welfare and comfort. Application has been made by a few colored mutes for admission into the Institution, and there may be more before another session of the General Assembly, and the Trustees are anxious to secure a building separate from the main one, and still near enough to be operated under the same general management for those

158

}OUR:.\'AL OF THE SEXATE

colored mutes that may be entitled to admission. An opportunity is now afforded to purchase an eligible building suited to that purpose. On a beautiful and commanding elevation near the main building, the Cherokee Wesleyan Institute have and own a large two-story, substantial brick edifice, which cost them some ten or twelve thousand dollars, which they propose td sell to the State for the sum of $2,000. It is out of repair, however, and according to the estimates, the additional sum of$ I, 500 would be required to put it in condition for the purposes desired. The site contains ten acres of land.
Your committee recommend, after deliberation, that the Legislature make an appropriation of $3,500 for the purchase and fitting up of this building, and that such portions of the building as may not be used for the accommodation of the mutes may be fitted up and set apart for hospital purposes, as required by the Institution.
The Trustees also desire an appropriation of $8,ooo for the purpose of extending and enlarging the main building, etc., and whilst we feel that the necessities for the same are well grounded, yet we do not feel authorized to ask for the appropriation at this time, by reason of the stringency of the times and the burdens of an already complaining people on account of heavy taxation.
'vVe recommend the usual appropriation of $I 6, 500 for the support and maintenance of the Institution during the coming year.
JOSEPH A. BLANCE, Chairman Senate Committee.
ROBERT Y. RUDISILL, Cha:rman House Committee.
The roll was called for the introduction of new matter, when the following bills were introduced and severally read the first time, to-wit:
By Mr. ArnowA bill to amend section I 540 of the Code.

}ANUARY 27, 1876.

159

Also, a bill to transfer the county of Echols from the Brunswick Judicial Circuit to the Southern Judicial Circuit.
Also, a bill to regulate the sale of intoxicating liquors in the town of Brunswick, in the county of Glynn.
By l\Ir. BlackA bill to amend the County Court law so far as it relates to the county of Screven. By Mr. Cain-
A bill to amend section 267 of the Code of Georgia.
By Mr. FreemanA bill to amend an Act to prescribe the manner of incorporating towns and villages in this ::State. Also, a bill to incorporate the Toccoa and Tallulah Railroad Company. By Mr. GilmoreA bill to prohibit the sale of ardent spirits within three miles of Pleasant Springs Church or Bethel Church, in the county of Washington. By Mr. HarrisA bill to amend the garnishment laws of this State. Also, a bill to amend sections 920 and 934 of the Code. By Mr. W. I. HudsonA bill to require emigrant agents to procure a license to carry on their business. By Mr. KibbeeA bill to repeal local ordinances inconsistent with section 1563 of the Code, and for other purposes. By Mr. Payne-
A bill to repeal sections 737 and 738 of the Code.
Mr. Kibbee, chairman of the Committee on Finance, made a report, which was read.
The Senate took up the following bills of the House of Representatives, which were read the first time, to-wit:
A bill to exempt from taxation farm produce in the hands of the producer for the year after it is made.

160

JOURNAL OF THE SEXATE

Also, a bill to incorpotate the town of \Vadley, and for other purposes.
Also, a bill to abolish the offices of County School Commissioners in the counties of Gilmer and Fannin.
Also, a bill to regulate the sale of intoxicating liquors in the counties of Brooks and Tattnall.
Also, a bill to prohibit the sale of intoxicating liquors within three miles of Union Church, in the county of Richmond.
Also, a bill to regulate the law of marriage.
Also, a bill to confer certain po\Yers on the Tax Collector of the county of Sumter.
Also, a bill to change the line between the counties of Newton and Rockdale.
Also, a bill to change the line between Marion and Taylor counties.
Also, a bill to fix the pay of jurors in the county of Clinch.
Also, a bill to consolidate the offices of Treasurer and Clerk of the Superior Court of the county of---
Also, a bill to fix the pay of jurors in the county of lVI uscogee.
Also, a bill to fix the pay of jurors in the county of \Vebster.
Also, a bill to amend an Act to prevent cruelty to animals.
Also, a bill to repeal an Act to create a County Court for the county of Mitchell.
Also, a bill to fix the pay of jurors in the county of \Vayne.
Also, a bill to appoint a Supervisor of Public Roads in the county of Columbia.
Also, a bill to create a Board of Commissioners for the county of Greene.
Also, a bill to amend the charter of the town of Cave .Springs.

}AXUARY 27, 1876.

161

Also, a bill to amend the general County Court law so far as it applies to the county of Thomas.
Also, a bill to fix the pay of Bailiffs in the county of Wayne.
Also, a bill to prohibit the sale of intoxicating liquors within three miles of Cedar Creek Baptist Church, in the county of Floyd.
Also, a bill to create a Board of Comm!ssioners for the county of wayne.
Also, a bill for the relief J. E. McGuire, of the county of
Bartow. Also, a bill to authorize the Ordinaries of the counties of
Randolph and Calhoun to hire out convicts. Also, a bill to repeal an Act to create a Board of Com-
missioners for the county of Dooly. Also, a bill to amend an Act to create a County Court
for the county of Clayton. Also, a bill to protect the o\\"ners of stock in the county
of \Vayne.
Also, a bill to require Tax Receivers to take down in full the christian names of tax payers.
Also, a bill to authorize the Commissioners of the county of Coweta to grant orders upon the Treasurer to pay jurors.
Also, a bill to authorize the School Commissioners of the town of Thomaston to convey certain lots to the Trustees of the Thomaston High School.
Also, a bill to fix the pay of jurors in the County Court of the county of Dooly.
Also, a bill to change the time for holding the Superior Court for the county of Burke.
Also, a bill to amend the charter of the city of Gr:ffin, and for other purposes.
Also, a bill to change the line between the counties of Calhoun and Randolph.
Also, a bill to fix the salary of the Ju :lge of the Count?
Court of the county of Brooks.
II

162

JouRXAL OF THE SEXATE

Also, a bill to prohibit the sale of farm products, betwee!l' sunset and sunrise, in the county of Butts.
Also, a bill to amend the charter of the town of Bowdon. Also, a bill to amend the charter of the town of Athens. Also, a bill to repeal an Act to create a Board of Com~ missioners for the county of Clay. Also, a bill to fix the pay of jurors in the county of Effingham, and for other purposes. Also, a bill to amend an Act to abolish the offices of Tax Receiver and Tax Collector of the county of Murray, and for other purposes. Also, a bill to change the line between the counties of vVare and Pierce. Also, a bill to change the line between the counties of Stewart and \Vebster. Also, a bill to change the line between the counties of Clinch and Coffee. Also, a bill to fix the pay of jurors in the county of
Dougherty. Also, a bill to amend the charter of the town of Swains-
boro, in the county of Emanuel. Also, a bill to fix the pay of jurors in the counties of
Montgomery and Telfair. Also, a bill to create the office of Commissioner of
Roads for the county of Jones. Also, a bill for the relief of James K. Strickland, of the-
county of Meriwether. The Senate took up the following bills of the House of
Representatives, which were read the second time and referred to the Committee on the Judiciary, to-wit:
A bill to fix the pay of jurors in the county of Burke. Also, a bill to reduce the compensation of Tax Receiver, Tax Collector and Treasurer of the county of Wilkinson. Also, a bill to cor.solidate the offices of Tax Collector and Treasurer of the county of Fannin. The hour of adjournment having arrived, the Senate adjourned till 10 o'clock to-morrow morning.

l\NCARY 28, I8i6.

163

SENATE CHAl\'IBER, ATLANTA, GA., } Friday, January 28, 1876, ro o'clock a. m.

The Senate met according to adjournment, and ~was opened with prayer by the Chaplain.
The roll was called, and the following Senators were present and answered to their names, to-wit-Messrs.

Arnow, Black, Blance, Brimberry, Cain, Carter, Chastain, Cooper, Crawford, Deadwiler, DuBose, Freeman, Gilmore, Graham, Harris, Hester,

H::>pps,

McDaniel,

Howell,

l\IcDonald,

Hudson,

Newborn,

of the 25th, O'Daniel,

Hudson,

Payne,

of the 28th, Peavy,

Kibbee,

Perry,

Knight,

Reese,

Lester,

Robinson,

Matthews,

Rutherford,

Mattox,

Slaughter,

l\IcAfee,

Wilcox,

of the 32d, \Vilson,

McAfee,

Winn,

of the 39th, MR. PRESIDENT.

Mr. Lester offered a memorial of the People's Loan Association, asking relief from the taxation now imposed upon them, which was read.
On motion, the rule~ were suspended, and Mr. Cooper offered a resolution aopointing a new committee, to be added to the standing committees, to be known as the the Committee on Consolidation of Bills ; which was read.
Mr. Lester, chairman of the Committee on the Judiciary, made a report, which was read.
Leave of absence was granted to Mr. \V. I. Hudson for a few days.
The Senate took up, as the report of the Committee of the Whole, a bill to exempt from taxation, by county or

16-!

JouRNAL OF THE SENATE

municipal authority, certain professions, while they are taxed by the State.
The Committee on the Judiciary moved to amend by striking out the words ''so long as said practitioners are required to pay tax to the State;" which was agreed to. The report as amended was agreed to, and the bill was read the third time and passed.
The Senate took up, as the report of the Committee of the vVhole, a bill to allow Peterson Thweatt to sue the State for his services as Comptroller General of this State for the years r862, r863 and r864.
The Committee on Finance recommended its passage.
l\Ir. Reese moved to amend the report by adding the following : ''with full right to either party to move for new trial or file writ of error in the case, as usual;" which was agreed to. The report as amended was agreed to, and the bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill to consolidate the offices of Tax Collector and Tax Receiver of the county of Twiggs, and for other purposes.
Mr. O'Danicl moved to amend by striking out section 4th, and insert a section in lieu thereof, which was agreed to. The report as amended was agreed to.
On motion, the bill \vas ordered to lie on the table fer the present.
The Senate took up a bill to reduce and regulate the compensation of Tax Receivers and Tax Collectors, which was, on motion, made the special order for to-morrow, at half-past ro o'clock a. m.
The Senate took up, as the report of. the Committee of the \Vhole, a bill to fix the compensation of the Treasurer of the county of Twiggs.
The report was agreed to. The bill was read third time and passed.
The Senate took up, as the report of the Committee of

JAXUARY 28, 1876.

16fi

Whole, a bill to pre\ent the obstruction of the free passage of fish in the counties of Calhoun and Baker.
Mr. Perry moved to amend, by adding the county of Miller, which was agreed to. The report as amended was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill to amend an Act to create a Board of Commissioners for the county of Twiggs.
The report was agreed to. The bill was read the third time and passed.
The Senate took up a bill to allow the Commissioners of the county of Clay to hire out convicts, which was, by consent, withdrawn.'
The Senate took up, as the report of the Committee of the Whole, a bill to change the time for holding the Court of Ordinary for the county of Terrell.
The Committee on the Judiciary recommended its passage. The report was agreed to. The bill vas read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill to amend an Act to provide for the payment of insolvent criminal cost in the Northern Judicial Circuit, so far as it applies to the county of \Vilkes.
The Committee on the Judiciary recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill to exempt from road duty certain persons therein named.
The Committee on the Judiciary recommended adversely to its passage. The report was not agreed to.
Mr. Howell moved to amend, by striking out the z<.i section of the bill, which was withdrawn.
Mr. Harris moved to amend, by exempting the guards of the Penitentiary, by their paying one dollar per day for each day they are required to work, which was agreed to.

1.66

jOURNAL OF THE SENATE

The report as amended was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the whole, a bill to declare Judges of the County Court and Clerks of the Superior Court ex-officio Ordinaries in certain cases.
The Committee on the Judiciary recommended adversely to its passage. The report was agreed to and the bill was lost.
The Senate took up, as the report of the Committee of the Whole, a bill to authorize the Court of Ordinary, of the county of Troup, to take jurisdiction of executing the will of Joseph L. Banning, late of Meriwether county.
The Committee on the Judiciary recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the vVhole, a bill to prohibit the sale of intoxicating liquors within three miles of Holly Springs Baptist Church, in the county of Elbert.
The Committee on the Judiciary recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \:Vhole, a bill to incorporate the Dry Hollow Mining Company.
The Committee on Internal Improvements moved to amend by striking out the words ''Dry Hollow," and inserting in lieu thereof the word "Lamar," wherever it occurs, which was agreed to. The report as amended was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill to amend the laws of this State on the subject of life and fire insurance in this State.
The Committee on the Judiciary recommended its passage. The report was agreed to. The bill was read the third time and passed.

}A:-\UARY 28, 1876.

167

The Senate took up, as the report of the Committee of the \Vhole, a bill to amend section 4805 of the Code, which was, by consent, withdrawn.
The Senate took up, as the report of the Committee of the Whole, a bill for the relief of R. C. 1\'Iitchell & Co. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill to repeal an Act to fix the pay of county officers for the county of Camden. The report \\as agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \\'hole, a bill to provide for the compensation of county officers for the county of Liberty. The report was agreed
to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill to create a Board of Commissioners for the county of Stewart.
The Committee on the Judiciary recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Yhole, a bill to amend the limitations to liens on property set apart as a homestead.
The Committee on the Judiciary recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill to repeal an Act to create a County Court for each county in this State, so far as it applies to the county of Screven.
The Committee on the Judiciary recommended its pass.age. The report was agreed to. The bill was read the third time and passed.
On motion, the rules were suspended, and Mr. Mattox introduced a bill to prescribe the mode of granting license

168

JouRNAL OF THE SENATE

to sell intoxicating liquors in the county of Liberty, whicru was read the first time.
Leave of absence was granted to Mr. Mattox for a fewdays on account of sickness in his family.
On motion of Mr. \Vilson, the Senate then adjourned till IO o'clock to-morro\v morning.

SENATE CHAMBER, ATLA1\TA, GA., } .':Jaturday, Janumy 29, I 876, I o o'clock a. m.

The Senate met according to adjournment, and was. opened with prayer by the Chaplain.

The roll was called, and the following Senators were. present and answered to their names, to-wit-Messrs.

Arnow, Black, Blance, Brimberry, Cain, Carter, Chastain, Cooper, Crawford, Deadwiler, DuBose, Felton, Freeman, Gilmore, Graham,

Harris, Hester, Hopps, Howell, Hudson,
of the 28th, Kibbee, Knight, Lester, Matthews, McAfee,
of the 32d, McAfee,
of the 39th, McDaniel,

McDonaid, Nev.rborn, O'Daniel, Payne, Peavy, Perry, Reese, Robinson, Rutherford, Slaughter, \Vilcox, Wilson, \Vinn, MR. PRESIDENT.

Mr. Hopps moved to reconsider so much of the Journal of yesterday as relates to the passage of a bill to allow Peterson Thweatt, former Comptroller General, to sue the State for his claim against the State for services as Comptroller General.
Mr. vVinn moved that the motion to reconsid(r lie on

}AXUARY 29, I876.

169

the table; upon agreeing to which, the yeas and nays were-

required to be recorded, to-wit :

Those voting in the affirmative are-l\Iessrs.

Black, Cain,

Howell, Kibbee,

O'Daniel, Peavy,

Crawford, DuBose,

Lester, Matthews,

Perry, Robinson,

Gilmore,

McDaniel,

Rutherford,

Harris, Hester,

McDonald, N e\vborn,

\Vilson, \\'inn.

Those voting in the negative are-Messrs.

Blance,

Freeman,

J\IcAfee,

Brimberry, Carter,

Graham, Hopps,

of the 39th, Payne,

Chastain,

Knight,

Slaughter,

Cooper,

l\IcAfee,

Deadwiler,

of the 32d,

Yeas, 2 I. Nays, 1 5

So the motion was agreed to.

\Vilcox.

Mr. Peavy moved to reconsider so much of the Journal

of yesterday as relates to the passage of a bill to exempt from road duty certain persons therein named, which was lost.

The hour of 10:30 having arrived, the Senate took up

the special order, which was postponed until Monday next,. at I I o'clock a. m.
Mr. Kibbee, chairman of the Committee on Finance, made a report, which was read.

The memorial received on yesterday from the People's Loan Association was taken up, and referred to the Committee on Finance.

The Senate took up a resolution of the House of Repre-

sentatives authorizing the Governor to sell the Foster Blod-

gett house and lot in Atlanta, which was, on motion, con-

curred in.

The Senate took up a resolution of the House of Repre-

liO

}oCRNAL OF THE SENATE

sentatives, inquiring whether or not the lessees of the \Vestern & Atlantic Railroad violated their charter of incorporation, which was, on motion of Mr. McDaniel, referred to the Committee on the Judiciary.
Mr. Lester, chairman of the Committee on the Judiciary, made a report, which was read.
On motion, the rules were suspended, and the Senate took up, as the report of the Committee ot the \Vhole, a bill of the House of Representatives, to-wit:

A bill to amend the charter of the Rising Fawn Iron

Company.

The Committee on Finance moved to amend, by "providing that in case there should be a failure to pay the inter-

est on the bonds, the creditors may proceed to foreclose for the amount due, and sell the property of the company to satisfy the same," which was agreed to.

The committee mo\ed further to a-mend as follows: ''but neither the bonds now to be issued, or the first mortgage bonds heretofore issued, shall be a lien on the pig iron now on hand at said furnace, or belonging to said company;" which was agreed to. The report as amended was agreed to, and the bill was read the third time and

passed. On motion, the rules \\ere suspended, and the Senate
took up and reconsidered a bill for the better protection of

the State treasury.

The Committee on Finance, to whom the bill had been

re-committed, moved to amend by inserting after the word

''kind," in the 3d section, the words ''property, re:tl and

personal;" which was agreed to.

Also, strike out the words

, and insert the

word "compared;" which was agreed to.

Also, amend section 10th as follows, in the fifth line,

by inserting after the word "Treasurer" the words "or if none appear in the presence of the Attorney General;"

which was agreed to.

JANUARY 29, 1876.

lil

Also, amend section 12th, paragraph --, by inserting

after the word " depositories" the words "selected by the

Treasurer, with the approval of the Governor;" which was

agreed to.

The report as amended was agreed to, and the bill was

read the third time and passed.

On motion, the rules were suspended, and the roll was

called for the introduction of new matter, when the follow-

ing bills were introduced and severally read the first time,

to-wit:

By l\Ir. Cain-

A bill to amend section 283 of the Code.

By Mr. DuBose-

A bill for the relief of B. H. lvey and G. \V. Colley.

By Mr. Gilmore-

A bill to provide a penalty for escapes from the chain

gang, and for oth~r purposes.

Also, a bill to amend the charter of the town of San-

dersville.

By Mr. Graham-

A bill to amend an .Act to create a Board of Commis-

sioners for the county of Clay.

By l\Ir. Hester-

A bill to repeal an Act to allow \V. \V. Boyd and Mrs.

\V. T. \Vilson and others to erect a lottery, and for other

purposes.

By Mr. Howell-

A bill to incorporate the Fulton Cotton Spinning Com-

pany.

By Mr. J. \V. Hudson-



A bill to regulate the settlements of guardians of minor

female wards on their marriage, and for other purposes.

By Mr. Lester-

A bill to permit the Savannah Bank and Trust Com-

pany to reduce its capital stock, and for other purposes.

Also, a bill to change the time for holding the Superior

Courts of certain counties in the Eastern Judicial Circuit.

172

}01JR:>IAL OF THE SE::-<ATE

By l\Ir. McDonald-

A bill to protect the raising of sheep, and for other pur-

poses.

By Mr. O'Daniel-

A bill for the relief of the sureties of Thomas E. Mac-

rae, of the county of \Vilkinson.

By l\1r. Perry-

A bill to transfer the county of Calhoun from the Al-

bany Circuit to the Pataula Circuit, and the county of Mil-

ler from the PJ.taula to the Albany Circuit.

By Mr. Reese-

/

A bill to regulate the fees of the Attorney General in

certain cases.

Mr. Gilmore offered a resolution in reference to the relief

of counties in which the. insurrection arose during the year

1875

On motion, the rules \\ere suspended, and the resolu-

tion was taken up, read and agreed to, and was ordered to

be transmitted forthwith to the House of Representatives.

Mr. Lester introduced a bill to amend section 4376 of

the Code, which was read the first time.

The Senate took up the following bills, which were read

the second time and referred to the Committee on the

Judiciary, to-wit:

A bill to prescribe the manner of granting license to sell

intoxicating liquors in the county of Liberty.

Also, a bill to amend an Act to prescribe the manner of

incorporating towns and villages of this State.

Also, a bill to incorporate the Toccoa and Tallulah Rail-

road Company.

Also, a bill to prohibit the sale of intoxicating liquors

within three miles of Pleasant Springs Church or New

Bethel Church, in the county of Washington.

Also, a bill to amend sections 920 and 934 of the Code.

Also, a bill to amend the garnishment laws of this State.

Also, a bill to require emigrant agents to obtain licenses,

and for other purposes.

}AKUARY 3I, I876.

173

Also, a bill to amend section 267 of the Code. Also, a bill to repeal sections 737 and 738 of the Code.
Also, a bill to repeal all local laws and ordinances inco::sistent with section I563 of the Code.
Also, a bill to amend the County Court law so far as it relates to the co'Jnty of Screven.
Also, a bill to transfer the county of Echols from the Brunswick Circuit to the Southern Circuit.
Also, a bill to regulate the sale of intoxicating liquors in the city of Brunswick.
Also, a bill to amend section I 540 of the Code. The Senate took up a bill to consolidate the offices of Tax Collector and Tax Receiver of the county of Twiggs. On motion, the bill was ordered to lie on the table. The Senate then adjourned tiii IO o'clock a. m., on Monday next.

SENATE CHAMBER, ATLANTA, GA., } ll1ouday, Jalluary 3 I, I 876, IO o'clock a. m.

The Senate met according to adjournment, and was

opened with prayer by the Chaplain.

The roll was caiied, and the foiiowing Senators were

present anr. ans\\ered to their names, towit-Messrs.

Arnow,

Harris,

McDonald,

Black,

Hester,

Newborn,

Blance,

Hopp.s,

O'Daniel,

Brimberry,

Howeii,

Payne,

Cain,

Hudson,

Peavy,

Carter,

of the 28th, Perry,

Chastain,

Kibbee,

Reese,

Cooper,

Knight,

Robinson,

Crawford,

Matthews,

Rutherford,

Deadwiler,

McAfee,

Slaughter,

DuBose,

of the 32d, \Vilcox,

Felton,

McAfee,

Wilson,

Freeman,

of the 39th, \Vinn,

Gilmore, Graham,

McDaniel,

MR. PRESIDE~T.

174

JouRNAL oF THE SENATE

Mr. Black offered a petition of certain citizens of the

county of Screven in reference to arming a military company

of said county, which was read.

On motion, the rules were suspended, and the Senate

took up a resolution to add to the regular committees of

the Senate a Committee for Consolidation of Bills.

On motion the resolution was ordered to lie on the table.

The Senate took up a resolution appointing a commit-

tee to be known as the Geological Committee, which was

read and agreed to.

Leave of absence was granted Messrs. Lester and Ruth-

erford for a few days.



The Senate took up a bill to prevent the obstruction of

Kinchafoonee creek, which was, on motion, re-committed to

the Committee on Agriculture.

The roll was called for the introduction of new matter,

when the following bills were introduced and severally read

the first time, to-wit:

By Mr. Gilmore-

A bill to change the time for holding the Superior

Court of the county of 'vVashington.

Also, a bill to prescribe a fee for physicians who perform

post mortem examinations on cases where inquests are held.
By Mr. J. W. Hudson-

A bill to repeal section I Ith of an Act to incorporate

the city of :Madison.

The following message was received from the House of Representatives, through Mr. S\\eat, the Clerk thereof, to-wit:

Mr. Prcsidmt: The House of Representatives have passed the following
bills, to-wit : A bill to amend an Act entitled an Act to organize a
County Court for the county of Marion; to define its jurisdiction, and for other purposes, approved March 2, 1875
Also, a bill to amend an Act to create a County Court

JANUARY 31, I8J6.

175

in each county of the State of Georgia, except certain counties therein mentioned, approved January 19, 1872, so far a3 the same refers to the county of Jackson, and to provide therein for the fixing the salary of the County Judge of said county of Jackson, and for other purposes.
Also, a bill to provide for the holding of a Convention of the people of Georgia, for the purpose of revising the Constitution of said State, and to appropriate money for the same.
Mr. Crawford offered a resolution authorizing and re. quiring the Governor to appoint a Board of Visitors for
the Institution for the Deaf and Dumb, which was read and referred to the Committee on the Institution for the Deaf and Dumb.
The Senate took up, as the report of the Committee of the \Vhole, a bill for the protection of game in the county of Camden.
The Committee on the Judiciary recommended its passage.
On motion, the bill was re-committed to the Committee on the Judiciary.
The Senate took up, as the report of the Committee of the whole, a bill to regulate the law of insurance in this State.
The Committee on the Judiciary moved to amend the report as follows :
Amend the 1st section by inserting after the words ''bonds of this State,'' the words ' or bonds of the United States;" which was agreed to.
Amend further, by striking out "thirty thousand"~and inserting "twenty-five thousand;" which was agreed to.
Amend further, by inserting after the word "amount" the words "and value;" which was agreed to.
Amend further, section 3d, by adding the following : "and when any company shall have made the deposits require::l by this Act, and shall desire to withdraw from

176

JOUR~AL OF THE SE:-;'ATE

this State, before being allowed to do so said company shall take up and satisfy its policies, and give notice of the intention to withdraw from the State, and of the fact that it has satisfied all losses and the claims of policy holders above designated, which notice shall be published once a week for two months in a newspaper to be designated by the Treasurer of the State, and at the expense of said company; and it is hereby provided that any claim of the citizens of this State must, whether for losses, or on existing policies where no losses have occurred, be fully settled before said deposits shall be withdrawn ;" which was agreed to.
Amend further, by striking out from section 3d the words "out of the contingent fund of the State treasury," and inserting in lieu thereof the words '' shall be paid by the company or agent failing to comply with the provisions of this Act;" which was agreed to.
Mr. Crawford moved further to amend by adding the following proviso, to-wit:
Proz,ided, that the provisions of this law shall only apply to insurance companies of such States as by the laws thereof any deposit of securities may be required to be made by the insurance companies incorporated by the laws of this State, doing business therein.
The hour of I I o'clock having arrived, the Senate took up the special order, and postponed it till the bill under consideration was disposed of.
The amendment of Mr. Crawford was lost. Mr. Crawford moved further to amend as follows, to-wit: Amend section 1st by inserting "after the 1st day of October, I876 ;" which was agreed to. The report as amended was agreed to, and the bill was read the third time and passed. The Senate then took up the special order, which was a bill to consolidate the offices of Tax Receiver and Tax Collector, and for other purposes.

JA::o;UARY 3 I, 1876.

177

The Committee on the Judiciary recommended a substitute in lieu of the original bill.
Mr. Reese moved to strike out from the substitute the .words "eighteen hundred and seventy-six," and insert "eighteen hundred and seventy-seven;" which was agreed to.
Amend further, by inserting after the word ''general" the words ''local or special;'' which was agreed to.
Mr. Blance moved further to amend by providing that the Tax Collector shall in no case receive more than half as much for collecting county tax as for State tax; which was lost.
Mr. Black moved further to amend as follows, to-wit:
And propzilcd, that the aggregate per centum of taxation for State and county purposcs)hall~constitute but one digest, upon which the above rates of compensation are to be allowed; which was lost.
Mr. Cain moved further to amend_by striking out the 3d section of the substitute of the committee; which was withdrawn.
The substitute as amended was agreed to, and the bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill to facilitate service on railroad compa. nics in certain cases.
The Committee on the Judiciary:moved to amend by adding after the words ''depot agent" the following : ''and shall, in addition, file with the Clerk of the Superior Court, Judge of the County Court, or Justice of the Peace, a notice stating the nature of the action, which shall be sent by the Clerk of the Superior Court, Judge of the County Court, or Justice of the Peace, through the mails, to the President of such leasing company, at least fifteen days before the trial;" which was agreed to.
The report as amended was agreed to, and the bill WJ.S .read the third time and passed.
12

178

}OUR:-IAL OF THE SENATE

The Senate took up, as the report of the Committee of the \Vhole, a bill to provide for a jury in Justices' Courts in cases of forcible entry and detainer.
The Committee on the Judiciary recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill to amend section 3647 of the Code.
The Committee on the Judiciary recommended adversely to its passage. The report was agreed to, and the bill was lost.
The Senate took up, as the report of the Committee of the Whole, a bill to define the liability of parties cropping on shares.
The Committee on the Judiciary recommended adversely to its passage. The report was agreed to, and the bill was lost.
The Senate took up, as the report of the Committee of the \Vhole, a bill to authorize and compel guardians of female wards to settle with their wards upon the marriage of such wards.
The Committee on the Judiciary recommended its passage. The report was agreed to. The bill was read the third time and lost.
The Senate took up, as the report of the Committee of the whole, a bill to make the offense of cheating and swindling a felony.
The Committee on the Judiciary recommended adversely to its passage. The report was agreed to, and the bill was lost.
The followin;j message was received from his Excellency the Governor, throu;jh Mr. \Varren, his Secretary, to-wit:
Mr. President: I am directe:l by his Excellency the Governor to deliver
to the Senate a sealed communicc.tion, to which he respect-

}AXC.\RY 3 I, 1876.

179

fully invites the consideration of your honorable body in Executive session.
The President appointed as the standing committee on Geological Bureau, Messrs. Black, Cooper, Mattox, Arnow, Payne, DuBose and Slaughter.
The following message was received from the House of Representatives, through l\Ir. Sweat, the Clerk thereof, to-wit:
Mr. President :
The House of Representatives has agreed to the following resolution, in which they ask the. concurrence of the Senate, and I am directed to transmit the same forth\Yith, to-wit:
A resolution for the appointment of a j~int special committee to investigate and report on the propriety of selling the \\'estern & Atlantic Railroad, or connecting the same with the Macon & Brunswick Railroad. And the committee appointed on the part of the House of Representatives are Messrs. Turnbull, Irwin, Hammond, Stallings and Lhingston.
The Senate took up, as the report of the Committee of the \Vhole, a bill to change the line bet,Yecn the counties of Clinch and \Vare.
The Comnittec on New Counties anJ County Lines recommended its passage. The report was agreed to. The bill was read the third time and passel.
The Senate took up, as the report of the Committee of the \Vhole, a bill to prevent murder by mob or lynch law.
The Committee on the Judiciary recommended adversely to its passage.
Pending consideration of this bill, the hour of adjournment having arrived, the Senate adjourned till I o o'clock to-morrow mornin.;;.

180

JouRNAL OF THE SENATE

SENATE CHAMBER, ATLA:"HA, GA., } Tuesda;', Febntary I, 1876, IO o'clock a.m.

The Senate met according to adjournment, and was -opened with prayer by the Chaplain.

The roll was c~lled, and the following Senators were

present, and answered to their names, to-wit-~fessrs.

Arnow,

Harris,

McDaniel,

Black,

Hester,

McDonald,

Blance,

Hopps,

Newborn,

.Brimberry,

Howell,

O'Danicl,

Cain,

-Hudson,

Payne,

Carter,

of the 28th, Peavy,

Chastain,

Kibbee,

Perry,

-.Cooper,

Knight,

Reese,

-Crawford,

Lester,

Robinson,

Deadwiler,

Matthews,

Rutherford,

DuBose,

l\IcAfee,

Slaughter,

Felton,

of the 32d, \\rilson,

Gilmore,

McAfee,

\Vinn,

Graham,

of the 39th, MR. PRESIDEC~:T.

Leave of absence was granted Messrs. \Vilcox and Free-

man, and to the Committee. on the Institute for the Blind,

after to-day.

The Senate resumed consideration of the unfinished business of yesterday, which was a bill to prevent the crime --of murder by mob or lynch law.
The report of the committee was agreed to, and the bill was lost.
J\Ir. Felton, chairman of the Committee on Agriculture, made a report, which was read.

Mr. Blance, chairman of the Committee on the Institute for the Deaf and Dumb, made a report, which was read.

The Senate took up, as the report of the Committee of the whole, a bill to prevent the obstruction of Kinchafoo.nee creek.

FEBRUARY I, 1876.

181;

The Committee on Agriculture moved to amend by in-

serting the words, ''to low water mark," after the words.

''six feet," which was agreed to. The report as amended

was agreed to. The bill was read the third time and passed.

The Senate took up, as the report of the Committee of

the 'Whole, a bill to amend section 3972 of the Code.

The Committee on the Judiciary recommended a substi-

tute in lieu of the original bill, which was agreed to. The

report as amended was agreed to. The bill was read the

third time and passed.



The Senate took up, as the report of the Committee of

the Whole, a bill to fix the fees of the Jailor of the county

of Twiggs, for dieting prisoners confined in the jail of said

county.

The Committee on the Judiciary recommended its pass-

age. The report was agreed to. The bill was read the

third time and passed.

The Senate took up, as the report of the Committee of

the Whole, a bill to incorporate the Bank of Atlanta.

The Committee on Banks recommended its passage.

1\'Ir. Howell moved to amend the report by inserting be-

fore the words ''Bank of Atlanta," the word ''l'Vlerchants, ,.

which was agreed to.

The Committee on Banks moved to amend by adding a

section authorizing said bank to issue notes as currency,

and to provide for their redemption, which was agreed to.

On motion, the bill was ordered to lie on the table for

the present.

The following message was received from the House of

Representatives, through Mr. Sweat, the Clerk thereof, to-

wit:

.ll'fr. Presidmt:

The House of Rrepresentatives have passed the follow-

ing bill, and I am directed to transmit the same forthwith

to the Senate, to-wit:

A bill to license the keeping of dogs, and for the pro-

tection of sheep raising, and for other purposes.

182

}OURKAL OF THE SENATE

,

The Senate took up, as the report of the Committee of

the \Vhole, a bill to change the time for serving subpa:nas

duces tecum.

The Committee on the Judiciary recommended its pass-

age. The report of the committee was agreed to. The

bill was read the third time and passed.

The Senate took up, as the report of the Committee of

the Whole, a bill to amend sections 242 and 243 of the

Code. The Committee on the Judiciary recommended adversely

to its passage. The report was agreed to, and the bill was

lost.

The Senate took up, as the report of the Committee of

the Whole, a bill to protect game in the counties of Cam-

den and Quitman. The report was agreed to. The bill

was read the third time and passed.

The Senate took up, as the report of the Committee of

the Whole, a bill to regulate the law of insurance of this

State.



The Committee on the Judiciary recommended ad\ersely to its passage. The report was agreed to, and the bill was lost.
The Senate took up, as the report of the Committee of the \Vhole, a bill to provide for granting one new trial without appeal in the Superior Court.
The Committee on the Judiciary recommended a substitute in lieu of the original bill, which was agreed to. The report as amended was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill to make the improper use or embezzlement of public funds a felony, and to prescribe the period of limitations on indictments therefor.
The Committee on the Judiciary recommended adversely to its passage. The report \Vas agreed to, and the bill was lost.

FEBRCARY I, I8j6.

183

The fo:lowing messa::;e was receiv,ed from the House of Representatives, throu::;h l\Ir. Sweat, the Clerk thereof, to-wit:
Mr. Prcsidmt : The House of Repre.3entati\es have passed the follow-
ing bills, to-wit : A bill to be entitled an Act to repeal an Act consolida-
ting the offices of Sheriff and Tax Collector, also the offices of Clerk of the Superior Court and Tax Receiver for the county of Baker.
Also, a bill to be entitled an Act to repeal an Act entitled an Act to regulate the letting out of contracts to the lowest bidder, by county authorities, and for other purposes therein named, approved February 24, I8j), so far as the same relates to the counties of Clarke and Oconee.
Also, a bill to compensate Claiborne Snead, Esq., of Augusta, and William \V. l\'lontgomery, Esq., of Savannah, for services rendered the State in the cases of certain National Banks, to recover their State tax, in the United States Circuit Court for the Southern District of Georgia.
Also, a bill to amend an Act entitled an Act to organize a County Court in each of the counties of Calhoun, Baker, Quitman and Miller; to define their jurisdiction, and for other purposes, approved l\Iarch 2, 1874, so far as it relates to the county of l't'Iiller.
Abo, a bill to regulate the sale of intoxicating liquors in the county of Miller.
Also, a bill to amend section 279 of the Code of 1873. Also, a bill to establish a Board of Commissioners for the county of Talbot, and to define the powers and duties thereof. Also, a bill to specify the time when the property of County Treasurers, or those acting as County Treasurers, and their security or securities, shall be bound upon their official bonds, and for other purposes.
Also, a bill to prevent the killing of game in the county of Morgan, and for other purposes.

184

JOURNAL OF THE SENATE

Also, a~bill to regulate and fix the compensation of grand and traverse jurors of vVhitfield county.
Also, a bill to repeal an Act to provide for the payment of insolvent costs to the county officers of the county of Spalding, approved August 29, 1872.
Also, a bill to prohibit the sale of any kind of intoxicating or ardent spirits within three miles of any church, school-house or academy within the limits of Carnesville District, in the county of Taylor.
Also, a bill to prohibit the sale of intoxicating liquors within one mile of now Morgan camp ground, in Calhoun county.
Also, a bill to require the Ordinaries, Tax Collectors, County Treasurers, School Commissioners, Clerks of Superior Courts and Sheriffs of the several counties of the State to make returns to the grand juries in their respective counties, as herein provided.
Also, a bill to change the line between the counties of Appling and Wayne.
Also, a bill to authorize the Sheriff.-, of this State, or their deputies, to collect tax fl. fas. of any amount, and for other purposes.
Also, a bill for the relief of Thomas Hollis, David Dyer and Lester Markham, sureties on the bonds of Allen Williams, of the county of Morgan.
Also, a bill to regulate the time lor which the Mayor of the city of Augusta shall hold office, and for other purposes.
Also, a bill to prohibit the sale of intoxicating liquors within the incorporate limits of the town of Morgan, in Calhoun county.
Also, a bill to reduce the Sheriffs' bonds of Marion, Ba-
ker and Macon counties from ten to six thousand dollars. Also, a bill to regulate the sale of intoxicating liquors
in the county of Miller. The House of Represen~atives has also agreed to the

FEBRUARY r, r876.

185-

following resolution, in which they ask the concurrence of the Senate, to-wit:
A resolution calling the attention of our Representatives in Congress to outrages perpetrated by revenue officers upon citizens of this State.
The Senate took up, as the report of the Committee of the \Vhole, a bill to define the persons for whom trust

estates may be created.

The Committee on the Judiciary recommended its

passage.

Mr. Reese moved to amend the report by inserting after the word "recorded" the words "where the cestui que tmst resides," which was agreed to. The report, as

amended, was agreed to. The bill was read the third time.

Upon the question, "shall this bill now pass?" the yeas

and nays were required to be recorded, to-wit:

Those who \oted in the affirmative arc-Messrs.

Cooper, DuBose, Felton, Gilmore, Hester,

Hudson, of the 28th,
Kibbee, McDaniel, McDonald, Newborn, O'Daniel,

Peavy, Perry, Reese, Rutherford, \Vilson, Winn.

Those who voted in the negative are-Messrs.

Black,

Graham,

Brimberry,

Hopps,

Cain,

Howell,

Carter,

Knight, _

Crawford,

McAfee,

Deadwiler,

of the 32d,

Yeas, IJ. Nays, rs.

So the bill was passed.

McAfee, of the 39th,.
Payne, Robinson, Slaughter.

The hour of adjournment having arrived, the Senate ad-

journed till 10 o'clock to-morrow morning.

186

JouR:>~AL OF THE SE:\ATE

SENATE CHAMBER, ATLA:-<TA, GA., } TVednesdaJ', Fcbmary 2, 1876, wo'clock a.m.

The Senate met according to adjournment, and was opened with prayer by the Chaplain.

The roll was called, and the following Senators were present and answered to their names, to-wit-Messrs.

Arnow,

Harris,

McDonald,

Black,

Hester,

Newborn,

Blance,

Hopps,

O'Daniel,

Brimberry,

Howell,

Payne,

Cain,

Hudson,

Peavy,

Carter,

of the 28th, Perry,

Chastain,

Kibbee,

Reese,

Cooper,

Knight,

Robinson,

Crawford,

:Matthews,

Hutherford,

Deadwilcr,

McAfee,

Slaughter,

DuBose,

of the 32d, \Vilson,

Felton,

~IcAfee,

\Vinn,

Gilmore,

of the 39th, l\IR. PRESIDE:\T.

Graham,

:McDaniel,

Mr. Cain moved t~ reconsider so much of the Journal of

yesterday as relates to the passage of a bill to define the

persons for whom trust estates may be created, which was

agreed to.

On motion, the rules were suspended, and the bill just

reconsidered was taken up, and referred to the Committee

on the Judiciary.

Mr. Hudson, from the Comm~ttee on the Judiciary,

made a report, which was read.

The Senate took up the following bills, which were read
the second time and referred to the Committee on the Ju-

diciary, to-wit :

A bill to amend the charter of the city of Madison.

Also, a bill to provide for the compensation of physicians who perform post mortem examinations in cases where inquests are held.

FEBRUARY 2, I8j6.,

187

Also, a bill for the relief of B. H. Ivcy and G. W. Cody. Also, a bill to amend section 28 3 of the Code. Also, a bill to punish escapes from the chain gang, and for other purposes.
Also, a bill to allow the city of Sandersville to subscribe to the stock of the Sandersville and Tennille Railroad Company.
Also, a bill to amend an Act to create a Board of Commissioners of the county of Clay.
Also, a bill to repeal an Act to allow \V. \V. Boyd and others to establish a lottery, and for other purposes.
Also, a bill to regulate the settlement of guardians with their minor female wards, upon the marriage of said wards.
Also, a bill to change the time of holding the Superior Courts of certain counties in the Eastern Judicial Circuit.
Also, a bill to transfer the county of Calhoun from the Albany to the Pataula Circuit; and the county of Miller from the Pataula to the Albany Circuit.
Also, a bill to amend the law of arson in this State. Also, a bill to prescribe the fees of the Attorney General for certain services. Also, a bill to amend section 4376 of the Code. Also, a bill to define the liability ofthe State in reference to the l\'Iacon & Brunswick Railroad. Also, a bill to allow Judges of the Superior Courts to appoint a stenographic reporter, and to prescribe his duties. Also, a bill for the relief of the sureties of Thomas E. McRae.
The Senate took up a bill to permit the Savannah Bank & Trust Company to reduce its capital stock, which was read the second time and referred to the Committee on Banks.
The Senate took up a bill to incorporate the Fulton Cotton Spinning Company, which was read the second time and referred to the Committee on Internal Improvements.
The Senate took up a bill for the protection of sheep

188

JouRXAL oF THE SENATE

ratsmg, and for other purposes, which was read the second time and referred to the Committee on Agriculture.
The Senate took up a bill to change the line between the counties of Coffee and Clinch, which was read the second time and referred to the Committee on New Counties and County Lines.
The Senate took up a bill to change the time for holding the Superior Cr,urt of the county of \Vashington, which was read the second time and referred to the Committee of the Whole.
The S:.:nate took up the following bills of the House of Representatives, which were read the second time and referred to the Committee on the Judiciary, to-wit:
A bill to authorize Judges of the Superior Court to appoint stenographers, and to prescribe their duties.
Also, a bill to incorporate the town of \Vadley, in the county of Jefferson.
Also, a bill to fix the compensation of jurors in the county of Clinch.
Also, a bill to amend an Act to create a County Court for the county of Campbell.
Also, a bill to regulate marriages in this State. Also, a bill to amend an Act to create a County Court for the county of Thomas. Also, a bill to repeal an Act to create a County Court for the county of Mitchell. Also, a bill to fix the ray of jurors in the county of Muscogee. Also, a bill to amend an Act for the prevention of cruelty to animals. Also, a bill to protect the owners of stock in the county of Wayne. Also, a bill to create a Board of Commissioners for the county of Greene. Also, a bill to consolidate the offices of Clerk of the Superior Court and Treasurer of the county of Webster.

FEBRUARY 2, I8J6.

189

Also, a bill to allow the Ordinaries of the counties of Randolph and Calhoun to hire out convicts confined in the jails of said counties.
Also, a bill to create a Supervisor of Roads for the county of Columbia.
Also, a bill to amend an Act to prohibit the sale of farm products in certain counties, so as to include the county of Butts.
The Senate took up a bill of the House of Representatives to amend the charter of the city of Griffin, and for other purposes, which was read the second time and referred to the Committee on Internal Improvements.
The Senate took up the following bills of the House of Representatives, which were read the second time and referred to the Committee on Finance, to-wit:
A bill to change the time for holding the Superior Court of the county of Burke.
Also, a bill to require Tax .Receivers to take down the christian names of all tax payers in full.
Also, a bill to amend the charter of the town of Cave Springs, in the county of Floyd.
Also, a bill for the relief of J. E. McGuire, of the county of Bartow.
Also, a bill to exempt from taxation farm produce in the hands of the producer on the Ist of April, the year after it is produced.
Also, a bill to confer additional power upon the Tax Collector of the county of Sumter.
Also, a bill for the relief of James K. Strickland, of the county of Heard.
Also, a bill to amend an Act to abolish the offices of Tax Collector and Tax Receiver of the county of Murray, and for other purposes.
The Senate took up the following bills of the House of Representatives, which were read the second time and referred to the Committee on Education, to-wit :

190

JouR:\'AL OF THE SDlATE

A bill to abolish the office of County School Commissioner and members of the Board of Education for the counties oi Fannin and Pickens, and for other purposes.
Also, a bill to authorize and require the School Commissioners of the Town District of the county of Upson to convey the Academy in the town of Thomaston to the Trustees of the Thomaston High School.
The Senate took up the following bills of the House of Representatives, which were read the second time and referred to the Committee on New Counties and County Lines, to-wit:
A bill to change the line between the counties of Clinch and Coffee.
Also, a bill to change the line between the counties of l\Iarion and Taylor.
Also, a bill to change the line between the counties of Newton and Rockdale.
Also, a bill to change the line between the counties of Calhoun and Randolph.
Also, a bill to change the line between the counties of \Vare and Pierce.
Also, a bill to change the line between the counties of Stewart and \Vebster.
The Senate took up the following bills of the House of Representatives, which were read the second time and referred to the Committee of the \Vhole, to-wit :
A bill to amend the charter of the town of Bowdon, in the county of Carroll.
Also, a bill to create the office of Commissioner of Roads for the county of Jones.
Also, a bill to.amend the charter of the town of Swainsboro, in the county of Emanuel.
Also, a bill to authorize the Comm:ssioners of the
county of Coweta to pay jurors for the year 1875
A Is J, a bill to fix the salary of County Judze of the
cour ty of Brooks.

FEBRUARY 2, 1876.

191

Also, a bill to regulate the pay of jurors in the counties of Montgomery and Telfair.
Also, a bill to prescribe the mode of granting license to sell intoxicating liquors in the counties of Brooks and Tattnall.
Also, a bill to regulate the pay of jurors in the county of Effingham, and for other purposes.
Also, a bill to fix the pay of jurors in the county of Dooly.
Also, a bill to "prohibit the sale of intoxicating liquors within two miles of Cedar Creek Baptist Church, in the county of Floyd.
Also, a bill to amend the charter of the city of Athens. Also, a bill to repeal an Act to create a Board of Commissioners for the county of Dooly. Also, a bill to fix the pay of jurors of the county of \Vebster. Also, a bill to fix the pay of jurors in the county of \Vayne. Also, a bill to create a Board of Commissioners for the county of Wayne. Also, a bill to prevent the sale of ardent spirits within three miles of Union Church, in Richmond county. Also, a bill to regulate the pay of jurors in the county of Dougherty. On motion, the rules were suspended, and the Senate took up a resolution of the House of Representatives in reference to alleged outrages perpetrated on citizens of this State by revenue officials, which was read and concurred in. The Senate took up a resolution to create a Committee on Consolidation of Bills, which was referred to the Committee on the Judiciary. The Senate took up the following bills of the House of Representatives, which were read the first time, to-wit:
A bill to compensate Claiborne Snead and W. W. Mont-
gomery for legal services rendered to the State.

192

Jot:RNAL OF THE SENATE

Also, a bill to require Ordinaries, Tax Collectors, Treasurers, Clerks of the Superior Courts, and School Commissioners, to make returns to the grand juries of their several counties.
Also, a bill to authorize the Sheriffs of this State to le\y taxfi. fas. regardless of amount.
Also, a bill to amend section 279 of the Code. Also, a bill to regulate the time for which the Mayor of the city of Augusta shall hold his office. Also, a bill to prohibit the sale of ardent spirits within one mile of Morgan Camp :Ground, in the county of Calhoun. Also, a bill to repeal an Act to authorize the letting out of contracts by county authorities. Also, a bill to specify the time when the property of County Treasurers and their sureties shall be bound upon their official bonds. Also, a bill for the protection of game in the county of lVIorgan Also, a bill for the relief of Thomas Hollis, and others. Also, a bill to repeal an Act to provide for the payment of insolvent criminal costs, in the county of Spalding.
Also, a bill to prohibit the sale of intoxicating liquors within)hree miles of the tO\m of Carsonville, in the county of Taylor.
Also, a bill to fix the compensation of jurors of the county of \Vhitfield.
Also, a bill to create a Board of Commissioners for the -county of Talbot.
Also, a bill to create a Board of Commissioners for the county of Tattnall.
Also, a bill to amend an Act to create a County Court
for the counties of Calhoun, Baker, Quitman and Miller, so far as it relates to the county of Miller.
Also, a bill to prohibit the sale of intoxicating liquors within the corporate limits of the town of Morgan, in the -county of Calhoun.

FEBRt:ARY 2, 1876.

193

Also, a bill to reduce the Sheriffs' bonds of the counties X>f Marion, Baker and l\'lacon.
Also, a bill to change the line between the counties of Appling and Wayne.
Also, a bill to provide for the holding of a Convention -of the people of this State, for the purpose of revising the Constitution of this State.
Also, a bill to amend an Act to create a County Court for each county in this State, except certain counties therein named, so far as the sarne relates to the county of Jackson.
Also, a bill to amend an Act to create a County Court for the county of l\Iarion.
Also, a bill to license the keeping of dogs in this State, -and for the protection of sheep husbandry, and for other purposes.
On motion, the rules were suspended, and the following .bills 1rere introduced, and severally read the first time, to-wit:
By Mr. BlanceA bill to amend sections 1227, 1228, 1235, 1236, and 1237 of the Code. By 1\Ir. DuBoseA bill to amend section 3542 of the Code. By Mr. McAfeeA bill to amend an Act to provide for the collection and publication of statistics of agriculture. By Mr. KnightA bill to repeal an Act to create a County Court for the county of Lowndes. By Mr. Gilmore-
A bill to authorize the Judge of the County Court of the -county of Hancock to issue and negotiate bonds of said <:ounty to build a court house for said county.
The Senate took up a bill for the relief of Joel Branham, which was, by consent, withdrawn.
13

194

JOURXAL OF THE SE:\'ATE

The Senate took up, as the report of the Committee of the \Vhole, a bill to provide for the compensation of the Judge and Solicitor of the County Court of the county of Carroll.
The Committee on the Judiciary recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill to provide for the sale of property set apart as a homestead.
The Committee on the Judiciary recommended adversely to its passage. The report was agreed to, and the bill was lost.
The Senate took up, as the report of the Committee of the \Vhole, a bill to prevent the sale of intoxicating liquors within one mile of the depot in the town o Suwanee.
The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill to amend the garnishment laws of this. State.
The Committee on the Judiciary recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of \Vhole, a bill to amend sections 920 and 934 of the Code.
The Committee on the Judiciary recommended adversely to its passage. The report was agreed to, and the bill was lost.
The Senate took up, as the report of the Committee of the whole, a bill to prescribe the manner of granting license to sell intoxicating liquors in the county of Liberty.
The Committee on t11e Judiciary recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate teo'.;: up, as the report of the Committee of

FEBRUARY 2, I8J6.

195

the \Vhole, a bill to regulate the law of larceny in this
State. The Committee on the Judiciary recommended adversely
to its passage. The report was agreed to, and the bill was lost.
The Senate took up, as the report of the Committee of the \Vhole, a bill to provide where claims interposed to property levied on hy executions issued by Ordinaries shall be returned and tried.
The Committee on the Judiciary recommended a substitute in lieu of the original bill, \\hich was agreed to. The report as amended w;;.s agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vholc, a bill to provide for the summary establishment of lost p<:pcrs.
The Committee on the Judiciary recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \\'hole, a bill to authorize the Ordinary of the county of Stewart to hire out comicts confined in the jail of said county.
The Committee on the Judiciary recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \\'hole, a bill to amend section 4423 of the Code.
The Committee on the Judiciary recommended adversely to its passage. The report was agreed to, and the bill was lost.
The Senate took up, as the report of the Committee of the vVhole, a bill to repeal so much of the general school law as requires:the:apportionment among school di~tricts the county school fund.
The Committee on Education recommended its passage. The report was_agreed to. The bill was read the third time and passed.

196

} OURNAL OF THE SENATE

The Senate took up, as the report of the Committee of the Whole, a bill to repeal sections 737 and 738 of the Code.
The Committee on the Judiciary recommended adversely to its passage. The report was agreed to, and the bill was lost.
The Senate took up, as the report of the Committee of the Whole, a bill to amend section r540 of the Code.
The Committee on the Judiciary recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill to amend section 267 of the Code.
The Committee on the Judiciary recommended its passage.
l\1r. Cain moved to amend by adding the (ollowing proviso: "Pro-zzdcd, !tmcc-zcr, it shall be the duty of said clerks to keep in court, for the use of the bar, all other dockets now provided for by said section 267."
Pending consideration of the bill, the hour of adjournment having arrived, the Senate adjourned till ro o'clock to-morrow morning.

SENATE CHAMBER, ArLAHA, GA., } Thursday, February 3, r876, IO o'clock a. m.,

The Senate met according to adjournment, and was opened with prayer by the Chaplain.

The roll was called, and the following Senators were present and answered to their names, to-wit-Messrs.

Arnow, Black, Blance, Brimberry, Cain, Cannon,

Gilmore, Graham, Harris, Hester, Hopps, Howell,

McDonald, Newborn, .O'Daniel, Payne, Peavy, Perry,

FEBRUARY 3. 1876.

197

Carter, Chastain, Cooper,

Hudson, ofthe 28th, Reese,

Kibbee,

Robinson,

Knight,

Rutherford,

Crawford,

Matthews,

Slaughter,

Deadwiler,

McAfee, of the 32d, \Vilson,

DuBose,

l\fcAfee,

\Vinn,

Felton, Freeman,

of the 39th, l\IR. PRESIDEC.T. McDaniel,

The Senate resumed consideration of the unfinished business of yesterday, which was a bill to amend section

267 of the Code. On motion of Mr. DuBose, the bill was re-committed to
the Committee on the Judiciary.

Mr. Hudson, from the Committee on the Judiciary, made a report, which was read.
Mr. Hester,. chairman of the Committee on New Counties and County Lines, made a report, which was read.
The roll was called for the introduction of new matter, when the following bills were introduced and severallyread the first time, to-wit:

By Mr. ArnowA bill to amend section 3888 of the Code.

By Mr. GrahamA bill to amend section 4141 of the Code. By Mr. Howell-

A bill to define the law of advertising by county officers

and persons acting in a fiduciary character. By Mr. PayneA bill to amend an Act to prohibit the sale of intoxi-

cating liquors within two miles of New Liberty Church, in the county of Catoosa.
By Mr. Perry-

A bill to change the line between the counties of Cal-

houn and Clay.

Also, a bill to change the line between the counties of

Calhoun and Early.

198

JocRXAL OF THE SEXATE

~~~
Mr. Reese offered a resolution calling upon his Excel-

lency the Governor for information in relation to the alleged

deficit of funds in the hands of the late Treasurer.

On motion, the rules were suspended, and the resolution

was taken up, read, and agreed to.

Mr. \Vinn introduced a bill to require Clerks of the Su-

perior Courts to pay into the treasury of the county all

money arising from fines and forfeitures, and for other pur-

poses ; which was read the first time.

The Senate took up, as the report of Committee of the

Whole, a bill to change the time for holding the Superior

Court of the county of \Vashington. The report was

agreed to, and the bill was read the third time and passed.

The Senate took up, as the report of the Committee of

the \Vhole, a bill of the House of Representatives, to

change the line between the counties of Clinch and Coffee.

The report was agreed to. The bill was read the third

time and passed.

The Senate took up, as the report of the Committee of

the Whole, a bill of the House of Representatives to pro-

vide a salary for the Treasurer of the county of Richmond.

The Committee on the ] udiciary recommended its passag~. The report was read the third time and passed.

The Senate took up, as the report of the Committee of

the \Vhole, a bill of the House of Representatives, to

change the line between the counties of \Vebster and

Stewart.

The Committee on N"ew Counties and County Lines

recommended adversely to its passage. The report was

agreed to, and the bill was lost.

The Senate took up, as the report of the Committee of

the \Vhole, a bill of the House of Representatives to

change the line between the counties of Marion and Tay-

lor.

The Committee on New Counties and County Lines

recommended adversely to its passage. The report was

agreed to, and the bill was lost.

FEllRU.\RY 3, I876.

199

The Senate took up a bill which had been ordered to lie on the table to incorporate the Merchants Bank of Atlanta.

Mr. Cooper moved further to amend by requiring the bank to redeem its bills in specie on demand.

Upon agreein.:; to which, the yeas and nays were required)o be recorded, to-wit :
Those voting in the affirmative are-Messrs.



Blance,

Cannon,

Cooper,

Hester,

Hopps, Hudson,
of the 28th, McDaniel,

McDonald, Newborn, Peavy, Slaughter.

Those voting in the negative are-Messrs.

Arnow, Brimberry, Cain, Carter, Chastain, Deadwiler, DuBose, Felton,

Freeman, Gilmore, Harris, Howell, Knight, Matthews, McAfee,
of the 32d,

McAfee, of the 39th,
Perry, Reese, Robinson, Rutherford, \Vilson, \Vinn.

Ycas, I I. Nays, 22.

So the amendment was not agreed to.

Mr. Peavy moved further to amend, by striking out from the 7th section the word "unpaid," and add also the words ''and the stockholders shall be liable for the debts of the bank to the full amount of their stock," which was agreed to.
Mr. Cooper moved further to amend the 6th section, by inserting after the word "property," the words "consistent with and for the purposes of the business of banking," which was lost.

Amend further, section 3d, by striking out the word "sue," and insert in lieu thereof, "use," which was agreed to.

200

JouR~AL oF THE SENATE

Amend further, section 3d-insert after the word ''to"'

the word "carry," which was agreed to.

Amend further, section 4th, by inserting after the word

"funds," the words "in bonds, notes, or other choses in

action," which was lost.

Amend further, by adding to the end of the 4th sec-

tion a proviso ''restricting the bank to the business of

banking," which was lost.

Amend further, by adding a section ''declaring the sus-

pension of the bank to be a forfeiture of the charter herein

granted," which was lost.

Amend further, by adding a section, ''requiring the

b~mk to keep within its vaults coin to the extent of one-

third of the issue of the bank," which was lost.

Mr. DuBose moved further to amend section 5th, by

adding the words, "not to exceed twelve per cent.," which.

was agreed to.

The report as amended \vas agreed to. The bill was

read the third time. Upon the question, ''shall this bill

now pass?" the yeas and nays were required to be recorded,

to-wit:

Those who voted in the affirmative are-Messrs.

Arnow,

DuBose,

McAfee, of the 32d,.

Black,

Felton,

McDaniel,

Blance,

Freeman,

Payne,

Brimberry,

Gilmore,

Perry,

Cain,

Hester,

Reese,

Cannon,

Howell,

Robinson,

Carter,

Hudson,

Rutherford,.

Chastain,

of the 28th, Wilson,

Crawford,

Knight,

Winn.

Deadwiler,

Matthews,

Those who voted in the negative are-Messrs.

Cooper,

McAfee,

Newborn,

Harris,

of the 39th, Peavy,

Hopps,

McDonald,

Slaughter,

Yeas, 28. Nays, 8.

FEBRUARY 3, 1876.

201

So the bill was passed by a constitutional majority. The followin;::- message was received from the House of Representatives, through Mr. Sweat, the Clerk thereof, to-wit: .frfr. Prcsidmt : The House of Representatives has passed the following bills, to-wit : A bill to regulate and define the pay of grand and petit jurors for the county of Chattahoochee. Also, a bill to amend an Act entitled an Act to form a Board of Commissioners for Roads and Revenues for the county of Appling, approved March 5, 1875 Also, a bill to prohibit emigrant agents fro:n plying their vocation in this State, \\ithout first obtaining a license therefor, and for other purposes. Also, a bill to levy a tax for the support of the Government for the year I 876 ; and to provide for the collection of taxes due the State, and for other purposes therein mentioned. Also, a bill to amend section 4083 of the Code of Georgia,
known as the Code of I 875, in reference to the replevying
of property levied on under distress warrants. Also, a bill to repeal an Act entitled an Act to create a
Board of Commissioners of Roads and Revenues in the counties of Floyd, Berrien, Effingham, Schley, Sumter, and Greene, approved December 13, 1871, so far as the same relates to the county of Berrien.
Also, a bill ro incorporate the Harper Sewing Machine Company of Atlanta.
The House has also concurred in the Senate amendments to the following House bill, to-wit:
A bill to amend the charter of the Rising Fawn Iron Company of Georgia, and to authorize said company to, issue its first and second mortgage bonds, and to provide for the security and payment thereof.
They have also passed the following bills of the Senate, to-wit:

202

JouR~AL OF THE SE~ATE

A bill to alter and amend an Act to prohibit the sale of intoxicating liquors in the county of Putnam, outside the corporate limits of the town of Eatonton, except under the authority granted for the same, and for other purposes.
Also, a bill to repeal an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for the county of Gilmer, and a Board of Commissioners of Roads for the county of Terrell, approved February 15, 1873, so far as the same applies to the county of Gilmer.
Also, a bill to regulate the pay of grand and petit jurors in the county of \ Yorth, and for other purposes.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to exempt from process of garnishment the wages of laborers, which was made the special order for to-morrow, at 1 I o'clock a. m.
Mr. Harris introduced a bill to amend an Act to prescribe the manner of taxing railroads, and for other purposes, which was read the first time.
Mr. Hudson introduced the following bills, which were read the first time, to-wit:
A bill to confer upon the Justices of the Peace of Putnam county jurisdiction to try misdemeanors, and for other purposes.
Also, a bill to provide a Board of Commissioners for the county of Putnam.
On motion, the rules were suspended, and the Senate took up the following bill of the House of Representatives, \vhich was read the first time, to-wit :
A bill to provide for levying and collecting a tax for the support of the Government for the year 1876.
On motion of Mr. Crawford, the Senate then went into Executive session.
The Senate having returned to open session, took up the following bills of the House of Representatives, which were read the first time, to-wit:

FEDUARY 4, I8j6.

203

A bill to incorporette the Harper Sewing Machine Company.
Also, a bill to require emigrant agents to take out license, and for other purposes.
Also, a bill to repeal an Act to create a Board of Commissioners for the county of Berrien.
Also, a bill to amend an Act to create a Board of Commissioners for the county of Appling.
Also, a bill to amend section 408 3 of the Code. Also, a bill to regulate the compensation of jurors m the county of Chattahoochee. The hour of adjournment having arrived, the Senate adjourned till IO o'clock to-morrow morning.

SENATE CHAMBER, ATLAXTA, GA., } Friday, Fcbntary 4, I 876, I o o'clock a. 111.

The Senate met according to adjournment, and was opened with prayer by the Chaplain.
The roll was called, and the following Senators were present, and answered to their names, to-wit-;'\Iessrs.

Arnow, Black, Blance, Brimberry, Cain, Cannon, Carter, Chastain, Cooper, Crawford, Deadwiler, DuBose, Felton, Freeman, Gilmore,

Harris, Hester,
Hopp~.
Howell, Hudson,
of the 25th, Hudson,
of the 28th, Knight, Lester, Matthews, McAfee,
of the 32d, McAfee,
of the 39th,

McDaniel, McDonald, Newborn, Payne, Peavy, Perry, Reese, Robinson, Rutherford, Slaughter, Wilcox, Wilson, Winn, MR. PRESIDENT.

204

}OCRXAL OF THE SENATE

Mr. Reese moved to reconsider so much of the Journal of yesterday as relates to the adoption of a resolution making inquiry of the Governor in relation to the alleged deficit of State funds, which was agreed to.
Mr. Rutherford moved to reconsider so much of the Journal of yesterday as relates to the loss of a bill of the House of Representatives to change the line between the counties of Marion and Taylor, which was agreed to.
Mr. Cooper moved to reconsider so much of the Journal of yesterday as relates to the passage of a bill to incorporate the :\Ierchants Bank of Atlanta, which was agreed to.
The biil just reconsidered was, on motion, re-committed to the Committee on Banks.
Mr. Black moved that a petition of certain citizens of the county of Screven be taken up and referred to the Committee on Finance, which was agreed to.
Mr. Hester offered a memorial of the Georgia State Grange in relation to the sale of farm produce, which was read and referred to the Committee on Agriculture.
The hour of I I o'clock a. m. having arrived, the Senate took up the special order, which was a bill to exempt from process of garnishment the wages of day laborers and journeymen mechanics.
The Committee on the Judiciary recommended adversely to its passage. The report was not agreed to.
Mr. Howell moved to amend by adding a proviso that t ~e provisions of this bill shall not apply to contracts already in existence, which was agreed to.
Mr. Gilmore moved to indefinitely postpone the bill, which was lost. The report, as amended, was agreed to. The bill was read the third time and passed.
Mr. Payn~, chairman of the Committee on Internal Improvements, made a report, which was read.
Leave of absence was granted to the Committee on Agriculture for a short while.
The Senate took up, as the report of the Committee of

FEBRUARY 4, 1876.

205

the Whole, a bill to prohibit the sale of ardent spirits within three miles of Pleasant Springs or New Bethel Church, in the county of \Vashington. The report was agreed to. The bill was read the third time and passed.
The Senate took up a bill which had been ordered to lie on the table, to protect the agricultural interests of this State, which was made the special order for to-morrow, at 1 1 o'clock a. m.
The Senate took up the following bills, which were read the second time and referred to the Committee on the Judiciary, to-wit:
A bill to amend section 3542 of the Code. Also, a bill to amend the tax laws relative to railroad companies, and for other purposes. Also, a bill to confer jurisdiction on the Justices of the Peace in the county of Putnam to try misdemeanors committed in said county. Also, a bill to amend section 4141 of the Code. Also, a bill to amend section 3888 of the Code. Also, a bill to define the law as to advertising citations and other notices of sales by Ordinaries, Clerks, Sheriffs, administrators, executors and guardians. Also, a bill to require Clerks of the Superior Courts to pay money arising from fines and forfeitures into the county treasury. Also, a bill to create a Board of Commissioners for the county of Putnam.
The Senate took up the following bills, 'vhich were read the second time and referred to the Committee on Finance, to-wit:
A bill to authorize the County Judge of the county of Hancock to issue bonds to build a court house for said county.
Also, a bill to repeal so much of an Act to provide for the collection and publication of farm statistics as imposes said duty on the Tax Receivers.

206

JouR~AL OF THE SEXATE

The Senate took up the following biiis, which were read the second time and referred to the Committee on New Counties and County Lines, to-wit:
A bill to change the line between the counties of Calhoun and Early.
Also, a bill to change the line between the counties of Calhoun and Clay.
The Senate took a bill to amend certain sections of the Code relative to the Asylum for the Deaf and Dumb, which was read the second time and referred to the Committee on the Asylum for the Deaf and Dumb.
The Senate took up the following bills, which were read the second time and referred to the Committee of the Whole, to-wit :
A bill to amend an Act to prohibit the sale of ardent spirits within one mile of :New Liberty Church, in the county of Catoosa.
Also, a bill to repeal an Act to create a County Court for the county of Lowndes.
The Senate took up the following bills of the House of Representatives, which \\'ere read the second time and referred to the Committee on the Judiciary, to-wit:
A bill to repeal an Act to consolidate the offices of Tax Collector and Sheriff, and of Tax Receiver and Clerk of the Superior Court for the county of Baker.
Also, a bill to regulate the sale of intoxicatin;; liquors in the county of Miller.
Also, a bill to prohibit the sale of intoxicating liquors in the town of Morgan, in the county of Calhoun.
Also, a bill to amend an Act to create a Board of Commissioners for the county of Appling.
Also, a bill to amend an Act creating a County Court for the county of Miller.
Also, a bill to create a Board of Commissioners for the county of Tattnall.
Also, a bill to repeal an Act to create a Board of Commissioners for the county of Berrien.

FEDRCARY 4, 1876.

207

Also, a bill to create a Board of Commissioners for the county of Talbot.
Also, a bill to fix the pay of jurors of the county of whitfield.
Also, a bill to regulate the pay of jurors in the county of Chattahoochee.
Also, a bill to amend section 4083 of the Code. Also, a bill to require emigrant agents to take out license to carry on their business, and for other purposes. Also, a bill for the relief of the sureties of Allen vVilliams, of the county of Morgan. Also, a bill for the protection of game in the county of l\Iorgan. Also, a bill to repeal an Act to regulate the letting out of county contracts to the lowest bidder, so far as it applies to the counties of Clarke and Oconee.
Also, a bill to specify the time when the property of County Treasurers and their sureties shall be bound upon their official bonds.
Also, a bill to define the term of the office of Mayor of the city of Augusta, and for other purposes.
Also, a bill to amend section 279 of the Code, and for other purposes.
Also, a bill to authorize Sheriffs to levy tax .ft. fas., irre-
spective of the amount of said tax.
Also, a bill to make certain county officers make returns to the grand juries, and for other purposes.
Also, a bill to amend an Act to create a County Court for each county in this State, so far as it applies to the county of Jackson.
Also, a bill to amend an Act to create a County Court for the county of Marion.
Also, a bill to provide for the holding of a Convention of the people of this State, for the purpose of revising the Constitution of this State, and to appropriate money to pay the expenses of said Convention.

208

JouRNAL OF THE SENATE

The Senate took up the following bills of the House of Representatives, which were read the second time and referred to the Committee on Finance, to-wit :
A bill to compensate Claiborne Snead and \V. \V. Montgomery, for legal services rendered to the State.
Also, a bill to reduce the Sheriffs' bonds of the counties of Marion, Baker and Macon.
Also, a bill to levy and collect a tax for the support of the Government for the year 1876.
The Senate took up a bill of the House of Representatives, to-wit:
A bill to incorporate the Harper Sewing Machine Company, which was read the second time, and referred to the Committee on Internal Improvements.
The Senate took up a bill of the House of Representatives, to-wit:
A bill to change the line between the counties of Appling and \Vayne, which was read the second time and referred to the Committee on New Counties and County Lines.
The Senate took up the following bills of the House of Representatives, which were read the second time and referred to the Committee of the \Vhole, to-wit :
A bill to prohibit the sale of intoxicating liquors within three miles of the town of Carsonville, in the county of Taylor.
Also, a bill to repeal an Act to provide for the payment of insolvent criminal costs in the county of Spalding.
Also, a bill to prohibit the sale of intoxicating liquors within one mile of Morgan camp ground, in the county of Calhoun.
The Senate took up a bill of the House of Representatives to license the keeping of dogs, and for other purposes, which was read the second time and referred to the Committee on Agriculture.
On motion, the rules were suspended, and a resolution

FEBRl.IARY 4, 1876.

209

.authorizing and requiring the Governor to appoint a Board of Visitors for the Institution for the Deaf arid Dumb was taken up, read and agreed to.
Mr. Freeman, chairman of the Committee on Enrollment, made the following report, to-wit :
.Mr. Presidmt: The Committee on Enrollment report as duly enrolled,
.and ready for the signatures of the President and Secretary of the Senate, the following bills, to-wit:
A bill to repeal an Act entitled an Act to repeal an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for the county of Gilmer, and a Board of Commissioners of Roads for the county of Terrell, approved February I), 1873, so far as the same applies to the county of Gilmer.
Also, a bill to regubte the pay of grand and petit jurors in the county of \Vorth, and for other purposes.
Also, a bill to alter and amend an Act entitled an Act to prohibit the sale of intoxicating liquors in the county of Putnam, outside of the corporate limits of the town of Eatonton, except under the authority granted for the same,
and for other purposes, approved February I 6, I 875.
l\lr. \V. H. McAfee introduced a bill to amend an Act to divide the State into Congressional Districts, and for other purposes ; which \\as read the first time.
The Senate took up, as the report_of the Committee of the \Vhole, a bill to authorize Ernest Roch to practice law in this State.
The Committee on the Judiciary recommended its passage. The report was agreed to, and the bill \\as read the third time and passed.
The Senate took up, as the report of the Comm:ttee of the Whole, a bill to amend section 894 of the Code.
The Committee on Finance recommended its passage. !he report was agreed to, and the bill was read the th:rd ,time and passed.
I4

210

JouR:-<AL OF TIIE SE~ATE

The Senate took up, as the report of the Committee of the Whole, a bill to incorporate the Fulton Cotton Spinning Company.
The Committee on Internal Improvements recommended its passage. The report was agreed to, and the bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, d bill for the relief of the sureties of D. B. Houser, of the county of Houston.
The Committee on Finance recommended its passage. The report was agreed to, and the bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vho!e, a bill to define for whom trust estates may be created, which was made the special order for Monday next, at I I o'clock a. m.
The Senate took up, as the report of the Committee of the \\'hole, a bill to transfer the county of Echols from the Brunswick to the Southern Circuit.
The Committee on the Judiciary recommended its passage.
Mr. Winn moved that the bill be indefinitely postponed, which was agreed to.
The Senate took up, as the report of the Committee of the \\'hole, a bill to amend section 283 of the Code.
The Committee on the J udicic.ry recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill to change the line between the counties of Coffee and Cl:nch. The report was agreed to. The bill was read the third time and passed.
Leave of absence was granted to I\1essrs. Simmons and
a Robinson for few days.
The Senate took up, as the report oi the Committee c f the \Nhole, a bill to change the tim': for holding the Superior Courts of the E:1stcrn Circuit.

s. FEBRUARY 1876.

211

The Committe~ on the Judiciary recommended its pass-
age. On motion, the bill was re-committed to the Committee
on the Judiciary. The Senate took up, as the report of the Committee of
the \\'hole, a bill for the better collection of State and county taxes.
The Committee on the Judiciary recommended adversely to its passage. The report was agreed to, and the bill was lost .
. The Senate took up, as the report of the Committee of the \\'hole, a bill to compel the collection of statistics of imports into and exports from this State.
The Committee on Internal Improvements recommended adversely to its pa:;sage. The report \\as agreed to, and the bill was lost.
The Senate took up, as the report of the Committee of the \\'hole, a bill to amend an Act for the protection of game in the counties of Chatham and Bryan.
The Committee on the Judiciary moved to amend by adding the counties of Bartow, Chattooga and Floyd.
Mr. Blance moved to strike from the bill the county of Chattooga, which was agreed to.
l\!Ir. Hudson moved to add the county of Putnam, which was agreed to. The report, as amended, was agreed to. The bill was read the third time and passed.
The hour of adjournment having arrived, the Senate adjourned till 10 o'clock to-morrow morning.

SENATE CHAMBER, ATLAXTA, GA., } .''lalurday, rcbruary' 5, I 876, 10 o'clock a. 11l.

The Senate met according to adjournmeat, and was

opened with prayer by the Chaplain.

The roll was called, and the following Senators were

present and answered to their name~. to-wit-Messrs.

Arnow,

Harris,

McDaniel,

Black,

Hester,

McDonald,

212

JOURNAL OF THE SENATE

Blance, Brimberry, Cain,

Hopps, Howell, Hudson,

Newborn, O'Daniel, Payne,

Cannon, Carter,

of the 25th, Peavy,

Hudson,

Perry,

Chastain, Cooper,

of the 28th, Reese,

Kibbee,

Robinson,

Crawford,

Knight,

Rutherford,

Deadwilcr,

Lester,

Slaughter,

DuBose,

l\htthews,

\Vilson,

Felton,

McAfee,

\Vinn,

Freeman,

of the 32d, MR. PRESIDE:\T.

Gilmore,

McAfee, ofthe 39th,

Mr. Gilmore moved to reconsider so much of the Journal

of yesterday as relates to the passage of a bill of the House

of Representatives to exempt from process of garnishment the \\ages of day laborers and journeymen mechanics.

Mr. Crawford moved to lay the motion to reconsider on

the table, which \vas agreed to.

Leave of absence was granted ::VIessrs. Perry, E. C.

McAfee, Crawford, Blance, and l\'Iatthews, for a few days. Mr. Lester, chairman of the Committee on the Judiciary,
made a report, \\hich was read.

Mr. \Vinn, chairman of the Committee oa Banks, made

a report, which was read.

Mr. Kibbee, chairman of the Committee on Finance,

made a report, which \\as read.

Mr. Cain, chairman of the Committee on Education,

made a report, which was read. On motion, the rules were suspended, and the Senate

took up a resolution of the House of Representatives, ap-

pointing a Committee to inquire into the expediency of

selling the Western & Atlantic Railroad, or of connecting

the same with the Macon & Brunswick Railroad, which

was lost. The Senate to::>k up the following bill, which was read

FEBRUARY 5, 1876.

213

the second time and referred to the Committee of the 'Whole, to-wit:
A bill to amend an Act to divide the State into Congressional Districts.
The roll was called, and the following bills were introduced and severally read the first time, to-wit:
By 1\Ir. BlanceA bill to amend section 4687 of the Code. Also, a bill to organize a Criminal Court for the county of Polk. By Mr. GilmoreA bill to amend the charter of the city of Sandersville. Also, a bill to create a Board of Commissioners for the county of Washington.
By Mr. J. W. Hudson-
A bill to repeal an Act to establish a County Court for the county of Putnam.
The following message was received from the House of
Representatives, through Mr. Sweat, the Clerk thereof, towit:
Jvlr. Presidmt :
The House of Representatives have passed the following bills, to-wit :
A bill to amend an Act entitled an Act to incorporate the town of Morgan, in Calhoun county, and appoint Com-
missioners for the same, approved March 5' I 856.
Also, a bill to amend an Act entitled an Act to incorporate the Mutual Protection Insurance Company in Georgia.
Also, a bill to fix the amount to be paid for license to sell spirituous liquors in the county of Emanuel, and for other purposes.
Also, a bill to prevent the shooting or firing of guns or pistols in the village of Vineville, in the county of Bibb, approved February 27, 1875.
Also, a bill to authorize the Ordinary of Hall county to sell and convey the pauper farm in said county.

2H

JouR~AL OF THE SE:->ATE

Also, a bill to fix the compensation allowed for 'feeding prisoners confined in Monroe county jail.
Also, a bill to amend an Act to create a Board of Commissioners of Roads, Public Buildings and Public Property and Finance for the county of Monroe, and for other prrposes, approved August 27, 1872.
Also, a bill to change the line between the counties of Newton and Jasper, and for other purposes.
Also, a bill to declare Yellow river, in Kewton and Rockdale counties, a lawful fence, and for other purposes.
Also, a bill to repeal an Act entitled an Act to establish a County Court in the counties of Dougherty and Lee, passed August 24, 1872, and an Act amendatory of the
same, passed February 5, 1873, and to extend the pro-
visions of said Act and amendatory Act to the county of
Decatur, approved February 2 5, I 874, and to abolish the
County Court of Decatur county.
Also, a bill to amend the Act, approved March 12,
I 866, incorporating the city of Madison; to vest power in
the Mayor and Aldermen thereof to license auctioneers;
charge for the same, and inflict penalties for exercising such privileges without license, and for other purposes.
Also, a bill to repeal an Act, approved February 19, 1873, abolishing the office of County Treasurer in and for the county of Burke, and thereby making the Tax Collector of said county ex-officio Treasurer of said county of Burke.
Also, a bill to repeal so much of an Act as relates to the county of Jasper, entitled an Act to consolidate the .offices of Sheriff and Tax Collector in Jones and Jasper counties, as also the offices of Tax Receiver and Clerk of the Superior Court of Jasper county, and for other purposes, approved August 23, 1872.
Also, a bill to amend the charter of the city of Milledgeville, so far as regards the election and removal of .City Marshal, and to authorize a city chain gang.

FEBRUARY 5, 1876.

215

Also, a bill to amend an Act to prohibit the buying, -selling, delivering or receiving of any farm products therein specified, between sunset and sunrise, in the counties of Lincoln, Brooks and other counties therein named, without permission of the owner or employer of the land on which the products are raised, and to prescribe the punishment therefor, and for other purposes, approved August 23, r872, so that said Act shall apply to and embrace the counties of Clayton, Houston, Echols and Bald\\in.
Also, a bill to provide compensation for the county officers of Oglethorpe county for extra services, upon recommendation of the grand jury of said county, and for other purposes.
Also, a bill to amend an Act entitled an Act to incorporate the city of Albany, passed on the 27th day of December, 1838, and the several Acts amendatory thereto, and to provide for the registration of voters in the municipal elections of Albany, Atlanta and X e,nnn, so far as rcbtes to Albany.
Also, a bill to change the times of holdin:;; the Superior Court in the county of \Vilcox.
Also, a bill to amend an Act entitled an Act to repeal an Act incorporating the town of Jonesboro, in Clayton county, and to re-incorporate the same, and to provide for Intendant and Commissioners, appro\ed August 24, 1872.
Also, a bill to change the times of holding the S:1perior Court in Oconee county.
Also, a bill to amend an Act entitled an Act to regulate the granting of license to retail spirituous liquors in Newton, ::itewart and Jasper counties.
Also, a bill to authorize the Grangers Life and Health Insurance Company to create and establish a State Department in the State of Georgia, and to incorporate the same, and for other purpose.
Also, a bill to prohibit persons from hunting or fishing

216

}OURNAL OF THE SENATE

on the enclosed lands of another, and to provide a punishment for the same, except certain counties therein named.
The hour of I I o'clock having arrived, the Senate took up the special order, which was a bill to protect the agricultural interests of this State, and for other purposes.
The Committee on Agriculture recommended a substitute in lieu of the original bill.
Mr. Felton offered a substitute for both, the original bill and the substitute offered by the Committee on Agriculture.
l\Ir. Felton moved the previous question, which being seconded, the main question was ordered to be put.
The substitute of Mr. Felton was agreed to. The report as amended was agreed to. The bill was read the third time and passed, and was ordered to be transmitted forthwith to the House of Representatives.
The call of the roll was resumed, when the following: bills were introduced and read the first time, to-wit:
By Mr. J. \V. Hudson-
A bill to regulate the admission into the State Lunatic Asylum of insane patients.
By 1\Ir. HowellA bill to amend an Act to create a City Court for the city of Atlanta. By Mr. O'DanielA bill to change the line between the counties of Bibb and '.lwiggs.
By Mr. ReeseA bill to amend an Act to regulate the sale of intoxicating liquors within the county of \Vilkes. By Mr. RutherfordA bill to transfer the county of Crawford from the Macon Circuit to the Flint Circuit, and for other purposes. Also, a bill for the relief of Lewis F. Hix, Tax Collector of the county of Crawford. The Senate, on motion of Mr. Harris, adjourned till IO o'clock a. m., on Monday next.

FEBRUARY J, 1876.

21T

SENATE CHAMBER, ATLAKTA, GA., } MoJtday, Febmmy 7, 1876, 10 o'clock a. m.

The Senate met according to adjournment, and was opened with prayer by the Chaplain.

The roll was called, and the following Senators were present and ans\\'ered to their names, to-wit-Messrs.

Arnow, Black, Brimberry, Cain, Cannon, Carter, Chastain, Cooper, Deadwiler, DuBose, Felton, Freeman, Gilmore, Harris,

Hester, Hopps, Howell, Hudson,
of the 25th, Hudson,
of the 28th, Kibbee, Knight, Lester, :McAfee,
of the 32d, McAfee,
of the 39th,

McDaniel, McDonald, Newborn, O'Daniel, Payne, Peavy, Reese, Rutherford, Slaughter, Wilson, Winn, MR. PRESIDEXT.

Mr. Cain, chairman of the Committee on Education~ made a report, which was read.

Mr. Lester, chairman of the Committee on the Judiciary, made a report, which was read.
The roll was called for the introduction of new matter,. when the following bills were introduced and read the first time, to-wit:
By Mr. ReeseA bill to prescribe the practice in the Superior and Supreme Courts in cases where the State is a party interested.

By Mr. GilmoreA bill to amend section 3961 of the Code.

218

JOURNAL OF THE SEXATE

The Senate took up the following bills of the House of Representatives, which were read the first time, to-wit:
A bill to amend an Act to prevent the firing of guns in the village of Vineville, in the county of Bibb.
Also, a bill to change the line between the counties of Newton and Jasper.
Also, a bill to declare Yellow river, in Newton and Rockdale counties, a lawful fence.
Also, a bill to fix the fees for dieting prisoners confined in the common jail of Monroe county.
Also, a bill to authorize the Ordinary of the county of Hall to sell and convey the pauper farm of said county.
Also, a bill to repe2.l an Act to abolish the office of County Treasurer of the county of Burke.
Also, a bill to change the time of holding the Superior Court for the county of \Vilcox.
Also, a bill to amend an Act to create a Board of Commissioners for the county of Monroe.
Also, a bill to amend the charter of the town of Madison.
Also, a bill to amend the charter of the Mutual Protection Insurance Company.
Also, a bill to amend the charter of the town of Morgan, in the county of Calhoun.
Also, a bill to fix the price of license to sell intoxicating liquors in the county of Emanuel.
Also, a bill to amend the charter of the city of Milledgeville.
Also, a bill to authorize the Grangers Life and Health Insurance Company to create a State Department for this State.
Also, a bill to repeal an Act to amend an Act to establish a County Court for the county of Decatur.
Also, a bill to amend an Act to prohibit the sale of farm produce in certain counties, so as to apply said Act to the -counties of Clayton, Houston, Echols and Baldwin.

FEBRUARY J, 1876.

219

Also, a bill to repeal an Act to consolidate certain county

offices of the county of Jasper.

Also, a bill to amend an Act to regulate the sale of

spirituous liquors in the counties of Kewton, Stewart and

Jasper.

Also, a bill to amend the charter of the city of Albany.

Also, a bill to amend the charter of the town of Jones-

boro.

Also, a bill to change the time of holding the Superior

Court of the county of Oconee.

Also, a bill to prohibit the hunting on the enclosed lands

of another in certain counties therein named.

Also, a bill to fix the compensation of certain county

officers tor the county of Oglethorpe.



The Senate took up the following bills, which were read

the second time and referred to the Committee on the J u-

diciary, to-wit:

A bill to transfer the county of Crawford from the l\Iacon

Circuit to the Flint Circuit.

Also, a bill to organize a Criminal Court for the county

of Polk.

Also, a bill to amend an Act to establish a City Court

for the city of Atlanta.

Also, a biU to amend the charter of the city of Sanders-

ville, in the county of \Vashington.

Also, a bill to amend section 4687 of the Code.

Also, a bill to abolish the County Court for the county

of Putnam.

Also, a bill to create a Board of Commissioners for the

county of \\'ashington.

The Senate took up a bill for the relief of Lewis F. Hix,

of the county of Crawford, which was read the second time

and referred to the Committee on Finance.

The Senate took up a bill to regulate the admission of

patients into the State Lunatic Asylum, which was read

the second time and referred to the Committee on Asylum

for Lunatics.

220

JocR::-IAL OF THE SENATE

The Senate took up a bill to change the line between the counties of Ribb and Twiggs, which was read the second time and referred to the Committee on New Counties and County Lines.

The Senate took up a bill to amend an Act to regulate

the sale of intoxicating liquors in the county of \Vilkes,

which was read the second time and referred to the Com-

mittee of the \\'hole.

Leave of absence was granted to Mr. Hopps for a few

days.

The hour of I I o'clock having arrived, the Senate took

up the special order, which was a bill to define the persons

for whom trust estates may be created.



The Committee on the Judiciary moved to amend by

inserting after the word ''recorded," the words ''where the

cestui que trust resides," which was agreed to.

Mr. DuBose moved further to amend by striking out

wherever they occur, the words "physical debility," which

was agreed to.

Mr. Reese moved further to amend, by adding to the

end of section 1st the words following: "Pro<.'ziied, also,

if at any time, the grounds of such trust shall cease, then

the beneficiary shall be possessed legally and fully of the

same estate as was held in trust, and any pen;on interested

may file any proper proceeding in the Superior Court,

where the cestui que trus(resides, to have the trust annulled

on that ground if he so desires; and it is further permitted

any persons having claims against the beneficiary, may avail himself of the pro~isions of the Code of 1873, in rela-

tion to condemning trust property at common law," which

was agreed to.

Mr. Cain moved further to add the following proviso :

''Provziied, that such trust instrument shall not go into effect until the person named as such trustee shall have entered into sufficient bond and security before the Ordinary for a faithful performance of his duty, which bqnd shall be

FEBRUARY j, 1876.

221

in double the value of the property so conveyed," which was lost.
The report as amended was agreed to. The bill was read the third time and passed.
The following message was received from the House of Representatives, through Mr. Sweat, the Clerk thereof, to-wit:
Mr. Presidmt:
The House of Representatives has passed the following bills, to-wit:
A bill to authorize the legal voters of the to\Yn of Dahlonega to hold an election for an Intendant and Board of Town Commissioners.
Also, a bill to prevent fishing in the waters of \Yorth county, with seines, traps, gill nets, or otherwise, except as hereinafter provided.
Also, a bill to consolidate the office of Tax Receiver with the office of Tax Collector, in the county of Pickens.
Also, a bill to amend an Act to provide a Board of Commissioners of Ro:1ds awl Revenues, for the county of Douglass.
Also, a bill to revive and amend, for Mcintosh county, the Act entitled an Act to prevent the destruction of game, approved March 2, 1874, and to provide better protection for deer on Sapello Island, in said county of Mcintosh.
Also, a bill to ratify and confirm the sale of Gilmer street, in the town of Perry, Houston county.
Also, a bill to prohibit the retailing of any spmtuous liquors within three miles of the village of Penfield, in the county of Greene.
Also, a bill to amend an Act in relation to selling farm products hetween sunset and sunrise, ifl the counties of Lincoln, Brooks and other counties, approved August 23, 1872, so that said Act shall embrace the counties of Hancock, Elbert, walton, Taylor and Crawford.

222

JouR~AL OF THE SENATE

Also, a bill to regulate the sale of poisons in this Sta~e
Also, a bill to prevent the sale, barter or exchange of spirituous liquors within certain limits in the county of Fulton, and for other purposes.
Also, a bill to organize a Criminal Court for the county of Burke.
Also, a bill to amend section 4127 of the Code of 1873, relating to jury fees, and for other purposes.
Also, a bill to change the line between the counties of Pulaski and Dodge.
Also, a bill to change the line between the counties of Laurens and Johnson, and the line between the counties of Randolph and Terrell.
Also, a bill to authorize the Governor to procure standard weights and measures, and to distribute the same.
Also, a bill for the protection of the farmers of Charlton county.
Also, a bill to amend an Act entitled an Act to provide for the registration of electors in the counties of Thomas, Lowndes, Decatur, I\Iitchell and Camden, and to prevent illegal voting in the same, approved February 23, 1875
Also, a bill to amend the several Acts providing for the registration of voters in the county of Chatham, approved, respectively, February 2 I, 1873, and February 28, 1874.
Also, a bill to consolidate the office of Tax Collector and Tax Receiver of the county of Gilmer, and for other purposes.
Also, a bill to amend an Act en ~itled an Act to exemr:t locomotive engine~rs from jury du~y, approved March 2, I 87 5, so as to include railroad conductors and station agents.
Also, a bill to change the line between the counties of Taliaferro and Greene.
Also, a bill to amend the jury law of this State, so far as the same relates to the county of Richmond.
A !so, a bill to amend an Act to incorporate the City

FEBRUARY J, I8J6.

223

Bank of Macon, approved February 28, IS74, which was passed by a constitutional majority of yeas I I I, nays none.
The House of Representatives has passed the following bill of the Senate, with an amendment thereto, in which they ask the concurrence of the Senate, and I am directed to transmit the same forthwith, to-wit :
A bill for the relief of A. B. Kerse and Barnett Kerse, of the county of \Vorth.
Mr. Kibbee introduced a bill to require railroad compapanies incorporated under the laws of this State to begin work within two years from the date of their incorporation, which was re:.:td the first tin:e.
On motion, the rules were suspended, and the Senate took up a bill for the relief of A. B. Kerse and Barnett Kerse, of the county of \Vorth.
On motion, the amendment of the House of Representatives was concurred in.
Mr. Freeman, chairman of the Committee on Enrollment, made the following report, to-wit:
JIIr. Presziimt : The Committee on Enrollment report as duly signed by
the President and Secretary of the Senate, the Speaker and Clerk of the House, and ready for transmission to his Excellency the Governor, the following bills, to-wit:
A bill to regulate the pay of grand and petit jurors in the county of \Vorth, and for other purposes.
Also, a bill to alter and amend an Act entitled an Act to prohibit the sale of intoxicating liquors in the county of Putnam, outside of the corporate limits of the town of Eatonton, except under the authority granted for the same, and for other purposes, approved February I 6, I 875.
Also, a bill to repeal an Act entitled an Act to repeal an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for the county of Gilmer, and a Board of Commissioners of Roads for the county of Ter-
rell, approved February 15, 1873, so far as the same
applies to the county of Gilmer.

224

} OURNAL OF THE SENATE

On motion, the rules were suspended, and the Senate took up a bill of the House of Representatives to levy and collect a tax for the support of the Government for the year 1876.
On motion, the bill was considered by sections.
The rst section was read. The Committee on Finance moved to amend by striking out the word "tax" and insert in lieu thereof the word "law," which was agreed to. The section, as amended, was agreed to. The 2d section was read. Mr. Kibbee moved to amend by inserting after the word '"bagatelle" the word "table," which >vas agreed to. The Committee on Finance moved to amend by striking out the words "cities and towns and" wherever it occurs in said section. Mr. Howell moved that the bill lie on the table for the present, and that it be made the special order for to-morrow, at I I o'clock a. m., which was agreed to. :Mr. Hudson, chairman of the sub-committee appointed from the Senate and House Committees on the Academy for the Blind, submitted the following report, to-wit:
.llir. President : The joint sub-committee from the Senate and House
Committees on the Academy for the Blind, to whom was assigned the duty of visiting said institution, beg leave to make the following report, to-wit:
They, in performing the duty assigned them, found an admirable system of discipline in force, that does credit to the ability and faithfulness of the Principal, Prof. williams, and his corps of assistants, and at the same time brings comfort and cheerfulness to the pupils. The exhibition given in the presence of the General Assembly gave sufficient evidence that the mental culture of the pupils has been thoroughly attended to; and we found, on personal examination, that a high and refined tone of morality pervades

FEBRUARY 7, I876.

225

the whole atmosphere of the place. \Ve also found that the refining and sanitary effects of personal cleanliness are fully understood and practiced.
\Ve also find the present buildings greatly in need of repairs, and are satisfied from the statement of the Principal that additional buildings are necessary, and will tend to make the Institution more self-sustaining. For additional information, we refer to the twenty-fourth annual report of the Trustees, printed for the use of the General Assembly.
In view of all these facts, we recommend an appropriation of $I 5, ooo for the year I876, for the payment of current expenses ; and also, for the repair of buildings, and the erection of additional houses, as the Trustees, by advice of the Principal, may deem necessary.
All of which is respectful:y submitted.
WM. I. HUDSON, Chairman Senate Committee.
The Senate took up, as the report of the Committee of the \Vhole, a bill to amend section 327 of the Code.
The Committee on the Judiciary moved to amend by adding at the end of the Ist section these words: "who shall take jurisdiction of the estate, and be clothed in reference thereto with the same powers as if he were the Ordinary, including the probate of the will, if this has not already been done; the qualifying the executor, and persons intrusted in any way, shall have the same privileges of exception and appeal, and all other privileges as they would have in the Court of Ordinary."
Mr. Lester moved to substitute for this, these words: "who shali have like powers over them as the Ordinary has, and from his decisions upon any matter affecting the estate, there may be an appeal or exception to the same, as there may be from the Court of Ordinary in like cases," ,\hich was agreed to.
The Committee on the Judiciary mo:ed further to
I5

226

JOURNAL OF THE SENATE

amend, by adding a section "requiring the Clerk, at the end of the administration, to file the record with the Ordinary," which was agreed to.
The report as amended was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill for the relief of F. W. Williams, of the county of Berrien.
The Committee on the Judiciary recommended its passage. The report was agreed to. The bill was read the third time anJ passed.
The Senate took up, as the report of the Committee of the whole, a bill to amend the charter of the city of Madison.
The Committee on the Judiciary recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the whole, a bill to prevent citizens ofNorth Carolina from grazing their stock in the counties of Rabun, Towns and Union.
The Committee on the Judiciary recommended a substitute in lieu of the original bill, ,..,.hich was agreed to. The report as amended was agreed to. The bill was read the third time and passed.
Mr. Freeman, chairman of the Committee on Enrollment, made the following report, to-\vit:
111r. Prcsidmt: The committee report as duly enrolled, and ready for
the signatures of the President and Secretary of the Senate, the following bill, to-wit:
A bill for the relief of A. B. Kerse and Barnett Kerse, of the county of vVorth.
The Senate took up, as the report of the Committee of the Whole, a bill to require chattel mortgages and mortgages on personal property to be recorded within thirty days from the date of their execution.

FEBRCARY 7, r876.

227

The Committee on the Judiciary recommended a substitute in lieu o: the original bill.

Mr. Reese moved to amend the substitute by providing that the law shall not go into effect until the rst day of July, 1876, which was agreed to. The report as amended was agreed to, and the bill was read the third time and passed.
The Senate took up, as the report of the Committee of the whole, a bill to amend the charter of the Savannah Bank and Trust Company.

The Committee on Banks moved to amend the 1st section by adding at the end thereof the following proviso, to-wit:
l'ro<z(lcd, that said reduction of th' e capital stock herein allowed shall in no manner interfere with the liabilities to the creditors of said bank ; which was agreed to.

The report as amended was agreed to, and the bill was read the third time.
Upon the question, "shall this bill now pass?" the yeas and nays were requ!rcd to be recorded, to-wit:

Those voting in the affirmative are-Messrs.

Arnow,
Black. Brimberry, Cain, Cannem, Carter, Chastain, Cooper, Deadwiler, DuBose, Felton, Freeman,

Gilmore,
Hester, Howell, Hudson,
of the 25th, Hudson,
of the 28th, Kibbee, Knight, Lester, McAfee,
of the 32d,

1\IcDaniel,
1\IcDonald, Newborn, O'Danicl, Payne, Peavy, Reese, Rutherford, Wilson, Winn.

Yeas, 3 I. Mr. Harris voted No.

So the bill was passed by a constitutional majority.

228

JouRxAL OF THE SEXATE

Mr. Freeman, chairman of the Committee on Enrollment, made the following report, to-wit:
Mr. Presidmt : The Committee on Enrollment report as duly signed by
the President and Secretary of the Senate, and Speaker and Clerk of the House of Representatives, and ready for transmission to his Excellency the Governor, the following bill, to-wit:
A bill for the relief of A. B. Kerse and Barnett Kerse, of Worth county.
The Senate took up, as the report of the Committee of the Whole, a bill to amend section 4376 of the Code.
The Committee on the Judiciary recommended its passage. The report was agreed to, and the bill was read the
third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill to incorporate the l\Ierchants Bank of
Atlanta. The Committee on Banks recommended its passage.
Mr. Cooper moved to amend by striking out the words "lawful money of the United States," and inserting in lieu thereof "gold and silver coin," wherever said words occur in the bill.
On motion, the bill was ordered to lie on the table for the present.
On motion, the rules were suspended, and Mr. J. \V.
Hudson introduced a bill to organize a Criminal Court for the county of Putnam, which was read the first time.
The Senate took up, as the report of the Committee of the \Vhole, a bill to provide for the appointment of stenograp~1ic reporters for the Superior Courts of this State.
The Committee on the Judiciary moved to amend by providing that the compensation to be paid to the reporter shall not exceed ten cents per hundred words, which was
agreed to. The report as amended was agreed to. The
bill was read the third time and passed. Mr. Kibbee offered a resolution in reference to removing

fEBRUARY 8, 1876.

229

such books in the State Library as are not needed for daily
use to some safe place, which was taken up, read and
agreed to.
The Senate took up, as the report of the Committee of
the Whole, a bill to amend an Act to create a Board of
Commissioners of the county of Clay.
The Committee on the Judiciary recommended its pass-
age. The report was agreed to. The bill was read the
third time and passed. The Senate took up, as the report of the Committee of
the Whole, a bill to amend an Act to prohibit the sale of
intoxicating liquors within two miles of New Liberty Church, in the county of Catoosa. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill to provide for the settlement of guardians with their minor female wards upon the marriage of such wards.
The Committee on the Judiciary recommended its passage. The report was agreed to.
Pending the consideration of this bill, the hour of adjournment having arrived, the Senate adjourned till 10 o'clock to-morrow morning.

SENATE CHAl\IBER, ATLAXTA, GA., } TucsdaJ', February 8, 1876, 10 o'clock a.m.

The Senate met according to adjournment, and was

opened with prayer by the Chaplain.

The roll was called, and the following Senators were

present anr. answered to their names, to-wit-Messrs.

Arnow,

Graham,

McAfee,

Black,

Harris,

of the 39th,

Blance,

Hester,

McDaniel,

Brimberry,

Howell,

McDonald,

230

]OUR:s'AL OF THE SE~ATE

Cain, Cannon, Carter, Chastain, Cooper, Crawford, Deadwiler, DuBo>e, Felton, Freeman, Gilmore,

Hudson, of the 25th,
Hudson, of the 28th,
Kibbee, Knight, Lester, Matthews, Mattox, McAfee,
of the 32d,

Newborn, O'Daniel, Payne, Peavy, Reese, Rutherford, Slaughter, Wilson, \\'inn, MR. PRESIDENT.

The Senate resumed consideration of the unfinished business of yesterday, which was a bill to provide for the settlement of guardians of minor female wards upon their marriage, which was, on motion, referred to the Committee on the Judiciary.
Mr. Lester, chairman of the Committee on the Judiciary, made a report, which was read.
Mr. Felton, chairman of the Committee on Agriculture, made a report, which \\as read.
Mr. Kibbee, chairman of the Committee on Finance, made a report, which was read.
Mr. Hester, chairman of the Committee on Xew Counties and County Lines, made a report, which was read.
Mr. Arnow offered a resolution requesting the Governor to transmit to the Senate the correspondence between the State and Henry Clews.
Mr. Chastain offered a resolution tendering Hon. J. R.
Brown a seat on the floor of the Senate during his stay in the city, which was taken up, read and agreed to.

The Senate took up a bill, which had been ordered to lie on the table, to incorporate the :Merchants Bank of Atlanta. The report of the committee, as amended, was agreed to. The bill was read the third time. Upon the

FEBRUARY 8, 1876.

231

'G_uestion, "shall this bill now pass?" the yeas and nays were re~ired to be recorded, to-wit:

Those voting in the affirmative are-l\Iessrs.

Arnow, Black, Brimberry, Cain, Cannon, Carter, Chastain, Cooper, Crawford, Deadwiler, DuBose,

Freeman,

McAfee,

Gilmore,

of the 32d,

Graham,

l\IcDaniel,

Hester,

McDonald,

Howell,

Newborn,

Hudson,

O'Daniel,

of the zsth, Payne,

Hudson,

Peavy,

of the 28th, Reese,

Kibbee,

Rutherford,

Knight,

\Vilson,

Felton,

Matthews,

\Vinn.

Those voting in the negative are-Ivlessrs.

Harris, Mattox,

McAfee,

Slaughter.

of the 39th,

Yeas, 33 Nays, 4 So the bill was passed by a constitutional majority.
The Senate took up, as the report of the Committee of the \Vhole, a bill to .prevent and punish fraud in setting apart homestead.
The Committee on the Judiciary recommended adversely to its passage. The report was agreed to, and the bill was lost.
The Senate took up, as the report of the Committee of the whole, a bill to incorporate the Blue Ridge ::\Iini'ng Company.
The Committee on Internal Improvements recommended it~ passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the vVhole, a bill to amend an Act to regulate the sale of intoxicating liquors in the county of vVilkes. The report

232

JouRNAL OF THE SE:\'ATE

was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Co~mittee of
the vVhole, a bill to incorporate the Toccoa and Tallulah Railroad Company.
The Committee on the Judiciary recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the vVhole, a bill to amend the charter of the city of Brunswick.
The Committee on Internal Improvements moved to amend section 4th, so that it may read ''that all retail liquor dealers be required to pay, etc," which was agreed to.
Amend section 5th, so that it may read "that all other liquor dealers, including-druggists, who sell for other than medicinal purposes, shall pay, etc," which was agreed to.
Amend section 6th, so that it may read "that all other persons, firms, companies and corporations be required to pay, etc.," which was agreed to.
Amend section 7th by inserting the word "allowed" between "to" and "all," which was agreed to.
Amend section 8th by striking out the word ''consolidate," and insert "and authority;" strike out "authority" in the eighth line, which was agreed to.
Amend further, by adding the following proviso :
"Provided ltowruer, That this Act shall be submitted to the qualified voters of said city, for their ratification or rejection," which was agreed to. The report as amended was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of of the Whole, a bill to regulate the sale of intoxicating liquors it the city of Brunswick.
The Committee on the Judiciary recommended its pass-

FEBRUARY 8, I876.

233:

age. The report was agreed to. The bill \vas read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill to declare the place and manner of bringing suits against the State in operating the Macon & Brunswick Railroad, and for other purposes.
The Committee on the Judiciary recommended its passage. The report was agreed to. The bill was read the third time and passed.
On motion, the rules were suspended, and the Senate took up a bill to provide for calling a Convention of the people of this State for the purpose of revising the Constitution of this State.
On motion of Mr. Lester, the bill was made the special order for Friday next at I I o'clock a. m.
The Senate took up, as the report of the Committee of the \Vhole, a bill to protect sheep raising in the county of \Vilkes, which was, by consent, withdrawn.
The Senate took up a biil to abolish the Geors-ia State Lottery, which was made the special order for to-morrow at I I o'clock a. m.
The hour of I I o'clock having arrived the Senate took up the special order, which was a bill to levy and collect a tax for the support of Government for the year I876.
The first section was read. The Committee on Finance moved to amend by striking out "tax," and insert in lieu thereof, ''law," which was agreed to. The section as amended was agreed to. The zd section was read. The committee moved to amend, by inserting after ''bagatelle," the word ''table," which was agreed to.
The committee moved further to amend, by striking out the words ''cities and towns," which was agreed to. The section as amended was agreed to.
The 3d section was read. Mr. Black moved to amend, by striking out the proviso

234

JouRNAL OF THE SE:-~ATE

to this section, which was lost. The section was then agreed to.
The 4th section was read and agreed to. The 5th section was read. The committee moved to amend, by striking out the word "banking," which was agreed to. The section as amended was agreed to. The 6th section was read and agreed to.

The 7th section was read and agreed to. The 8th section was read and agreed to. The 9th section was read and agreed to. The roth section was read and agreed to. The I rth section was read and agreed to. The I zth section was read and agreed to. The I 3th section was read. Mr. Kibbee moved to amend, by inserting before the word "law," the word "tax," which was agreed to. The section as amended was agreed to. The 14th section was read and agreed to. The report as amended was agreed to. The bill was read the third time. Upon the question, ''shall this bill now

pass?" the yeas and nays were required to be recorded, to-wit:

Those voting in the affirmative are-1\fessrs.

Blance,

Gilmore,

Lester,

Cain, Cooper, Crawford, Dead\viler, DuBose, Freeman,

Graham, Hester, Howell, Hudson,
of the 28th, Kibbee,

McAfee, ofthe 32d, McAfee,ofthe 39th, McDaniel, Reese, \Vinn.

Those voting in the negative are-:;\Iessrs.

Arnow, Black, Brimberry, Cannon,

Harris, Hudson,
of the 25th, Knight,

O'Daniel, Payne, Peavy, Rutherford,

FEBRUARY 8, 1876.

235

Carter,

Matthews,

Chastain,

Newborn,

Felton,

Yeas, 19. N"ays, 18.

So the bill was passed.

Slaughter, Wilson.

The following message was received from the House of Representatives, through Mr. Sweat, the Clerk thereof, to-wit:

Mr. Prcsidmt: The House of Representatives has passed the following
bills, to-wit :

A bill to amend section 2040 of the Code of 1873, in relation to property exempt from levy and sale, and for other purposes.

Also, a bill to res-ulatc the pay of grand and petit jurors of the county of Miller.

Also, a bill to regulate the pay of grand and traverse jurors and Bailiffs in the county of Bartow.
Also, a bill to provide per diem pay for the Criminal Court jurors of \Vebster county, and for other purposes.
Also, a bill to render certain the compensation which the County Judge is to receive for attending to county business of Richmond county.
Also, a bill to create a Board of Commissioners of Roads and Revenues in the county of Troup, and for other purposes therein named.
Also, a bill to create a Board of Commissioners of Roads and Public Buildings and Public Property and Finances for the county of Lee, and for other purposes.

The House of Representatives has also agreed to the following resolution, in which they ask the concurrence of the Senate, and I am directed to transmit the same forthwith, to-wit:

A resolution to investigate certain charges published in the Atlanta Herald, in relation to the endorsement of the

236

JoURNAL OF THE SENATE

lease of the \Vestern & Atlantic Railroad by the General Assembly; and the committee appointed on the part of the House of Representatives are Messrs. Furlow, Walsh and Peeples.
The Senate took up, as the report of the Committee of the \Vholc, a bill to incorporate the Atlanta College of Dental Surgery.
The Committee on Internal Improvements recommended its passage. The report was agreed to, and the bill was read the third time and passed.
The Semtc took up, as the report of the Committee of the \Vholc, a bill to regulate the sale of intoxicating liquors in the county of T'dg~s.
Mr. Cain moved to amend the report by extending the provisions of the bill to the county of Glascock, which was agreed to. The report as amended was a~reed to, and the bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill to amend an Act to prescribe the mode ot incorporating towns and villages.
The Committee on the Judiciary moved to amend the report by extending to towns already incorporated the provisions of this Act, and the Act of which it is amendatory, which was agreed to. The report as amended was agreed to, and the bill was read the third time and passed.
On motion, the ruies were suspended, and the Senate took up a resolution in reference to a charge made against the Legislature of I 87 I, of bribery in the ratification of the lease of the State Road, which was taken up, read, and concurred in, and was ordered to be transmitted forthwith to the House of Representatives. In pursuance of which, the President appointed as such committee, on the part of the Senate, Messrs. DuBose and McDaniel.
The Senate took up, as the report of the Committee of the vVhole, a bill of the House of Representatives to require Tax Receivers to take down, in full, the christian names of tax payers.

FEBRL'ARY 8, I8J6.

237

The Committee on Finance recommended its passage. The report was agreed to, and the bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to exempt from taxation annual crops in the hands of the producer on the 1st day of April thereafter.
The Committee on Finance recommended its passage. The report was agreed to. The bill was read the third time. Upon the question, "shall this bill now pass?" the yeas and nays were required to be recorded, to-wit :

Those voting in the affirmative are-Messrs.

Arnow, Black, Blance, Brimberry, Cannon, Chastain, Cooper, Deadwiler,

DuBose,

Knight,

Felton,

Mattox,

Gilmore,

McAfee,

Graham,

of the 39th,

Hudson,

O'Daniel,

of the 25th, Reese,

Hudson,

Rutherford.

of the 28th,

Those voting in the negative are-Messrs.

Cain, Carter, Crawford,

Kibbee, Lester, :VIcAfee,

Newborn, Payne, Slaughter,

Harris,

of the 32d, \Vilson,

Hester, Howell,

McDaniel, McDonald,

\Vinn.

Yeas, 20. Nays, 16.

So the bill was passed.

The Senate took up, as the report of the Committee of

the \Vhole, a bill of the House of Representatives to

change the time for holding the Superior Court for the

county of Burke. The report was agreed to. The bill was read the third time and passed.

The Senate took up, as the report of the Committee of

238

]OURN.\L OF THE SEc<:ATE

the \Vhole, a bill of the House of Representatives to fix the compensation of jurors in the county of Burke.
The Committee on the ] udiciary recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to provide for obtaining private ways to timber landings in the county of Emanuel.
The Committee on the ] udiciary recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to legalize the tax ordinances of the City Council of Augusta.
The Committee on the ] udiciary recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill to incorporate the Tybee Improvement Company.
The Committee on Internal Improvements recommended its passage. The report was agreed to. The bill was read the third time and passed, and was ordered to be transmitted forthwith to the House of Representatives.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to prohibit the sale of farm produce in the county of Heard, between the hours of sunset and sunrise. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the whole, a bill to abolish the County Court of the county of Lowndes. The report was agreed to. The hill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to ap-

FEBRUARY 8, I8J6.

239

point a Board of Trustees for the Macon Guards, and for other purposes.
The Committee on the Judiciary moved to amend by striking out the Ist section, and insert a section in lieu thereof reported by the committee, which was agreed to. The report as amended was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to repeal an Act to provide for paying the insolvent criminal cost due in the county of Spalding. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to prohibit the sale of intoxicating liquors within one mile of Morgan camp ground, in the county of Calhoun. The re-
port was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to protect owners of stock in the county of \Vayne.
The Committee on the Judiciary recommended its passage. The report was agreed to. The bill \vas read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to amend the charter of the city of Milledgeville.
The Committee on the Judiciary moved to amend section 3d, by providing for the election of Marshal by the City Council, which was agreed to. The report as amended was agreed to. The bill was read the third time and passed ; and was ordered to be transmitted forthwith to the House of Representatives.
The following message was received from his Excellency the Governor, through Mr. Warren, his Secretary, to-wit: Mr. President :
His Excellency the Governor, has approved the following Acts, to-wit:

'240

JouRNAL OF THE SENATE

An Act for the relief of A. B. Kerse and Barnett Kerse, of the county of \Vorth.
An Act to regulate the pay of grand and petit jurors in the county of \Vorth, and for other purposes.
An Act to alter and amend an Act entitled an Act to prohibit the sale of intoxicating liquors in the county of Putnam, outside of the corporate limits of the town of Eatonton, except under the authority granted for the same, and for other purposes, approved February 16,
1875 An Act to repeal an Act entitled an Act to repeal an
Act entitled an Act to create a Board of Commissioners of Roads and Revenues for the county of Gilmer, and a Board of Commissioners of Roads for the county of Terrell, approved February 15, 1873, so far as the same applies to the county of Gilmer.
The Senate took up, as the report of the Committee of the 'Whole, a bill of the House of Reprensativcs to amend the charter of the town of Camilla.
Mr. Brimberry moved to amend by providing that the corporate limits of the town shall extend one-half mile from the court house in all directions, which was agreed to.
Amend further, by prohibiting the corporate authorities from taxing farming lands, which was agreed to. The report as amended was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representative to abolish the County Court for the county of Mitchell.
The Committee on the Judiciary recommended its passage. The report was agreed to, and the bill was lost.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to .change the line between the counties of vVare and Pierce.
The Committee on New Counties and County Lines

FEBRCARY 8, 1876.

241

recommended its passage. The report was agreed to. The bill was read the third time and passed.
On motion, the rules were suspended, and the following bills were introduced and severally read the first time, to-wit:
By Mr. HowellA bill to amend an Act establishing the City Court for the city of Atlanta. Also, a bill to incorporate the Atlanta City Brewing Company. By Mr. KibbeeA bill to provide for rendering judgments at the first term in cases where no issuable defense is filed on oath. By l\1r. NewbornA bill to authorize Shimuel Timmerman to peddle with-out license in the counties of Echols, Clinch, Coffee and \Vare. The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to amend the charter of the city of Griffin. The Committee on Internal Improvements moved to amend section 4th by striking out these words: "who is the holder of any office under the Federal or State Government, or the holder of any county office." Strike out from section 6th the following: ''any office under the State or Federal Government, or of any county office nor am I the holder."
Add the following, to come before repealing section :
"Be it further enacted, That all the ordinances of said Mayor and Council not inconsistent with this Act, or the laws of this State, are hereby declared valid and binding, until modified, altered or repealed by said Mayor and Council of Griffin ;" which amendments were agreed to. The report, as amended, was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of tl1c Committee of r6

242

JouRNAL OF THE SE:-.rATE

the \Vhole, a bill of the House of Representatives to prohibit the sale of intoxicating liquors within three miles of Cedar Creek Baptist Church, in the county of Floyd. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representa.tives to fix the pay of jurors in the county of Dooly. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill to fix the pay of jurors in the county of Dougherty. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to change the line between the counties of Calhoun and Randolph.
The Committee on New Counties and County Lines recommended its passage. The report \\"aS agreed to. The bill was read the third time and passed.
Mr. Freeman introduced a bill to prohibit the sale of spirituous liquors within two miles of Henry church, 111 the county of Hart, which was read the first time.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to change the line between the counties of Irwin and \Vorth.
The Committee on New Counties and County Lines recommended its passage. The report was agreed to. The bill was read the third time and passed.
Mr. Reese moved that when the Senate adjourn it adjourn till 3:30 o'clock p. m., for the purpose of reading bills the first and second times, which was agreed to.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to fix the pay of jurors in the county of Dodge. The report

FEBRUARY 8, 1876.

243

was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to create the office of Commissioner of Roads for the county of Jones. The report \\as agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to regulate the pay of jurors in the counties of Montgomery and Telfair. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to reduce the Sheriffs' bond of the counties of Marion, Baker and Macon.
The Committee on Finance recommended its passage. The report was agreed to. The bill ,,as read the third time and passed.
The hour of adjournment having arri,ed, the Senate then adjourned till 3:30 o'clock p. m.

AFTER:t\OON SESSIO~.
3:30 o'CLOCK.
The Senate re-assemb!ed, and took up the following bills, which were read the second time and referred to the Committee on the Judiciary, to-wit:
A bill to amend section 396 I of the Code. Also, a bill to regulate the practice in the Superior Courts and the Supreme Court in cases where the State is a party interested. Also, a bill to establish a Criminal Court for the county of Putnam. Also, a bill to repeal an Act to create a Board of Commissioners for the county of Clay. Also, a bill to compel railroad companies to begin the

244

JOURNAL OF THE SENATE

construction of such roads ,,ithin two years from the date of their incorporation.
The Senate took up the following bills of the House of Representatives, which were read the second time and referred to the Committee on the Judiciary, to-Kit:
A bill to amend the charter of the town of Morgan, in the county of Calhoun.
Also, a bill to amend the charter of the l\Iutual Protection Insurance Company of Georgia.
Also, a bill to amend the charter of the city of l\Iadison. Also, a bill to abolish the County Court for the county of Lowndes. Also, a bill to repeal an Act abolishing the office of County Treasurer for the county of Burke. Also, a bill to prohibit hunting on the lands of another, except in certain counties therein named. Also, a bill to prevent the shooting, with guns or pistols, in the village of Vineville, in the county of Bibb. Also, a bill to amend an Act to create a Board of Commissioners for the county of Monroe. The Senate took up a bill of the House of Representatives to repeal an Act to consolidate the offices of Tax Collector and Sheriff of the c~unty of Jasper, which was read the second time and referred to the Committee on Finance. The Senate took up a bill of the House of Representatives to authorize the Grangers Life and Health Insurance Company to create a State Department in this State, which was read the second time and referred to the Committee on Banks. The Senate took up the follo\\ing bills of the House of Representatives, which were read the second time and referred to the Committee on Internal Improvements, to-wit: A bill to amend the charter of the city of Albany. Also, a bill to amend the charter of the town of Jonesbore.

FEBRUARY 8, I 876.

245

The Senate took up a bill of the House of Representatives to declare Yellow river, in Newton and Rockdale counties, a lawful fence, which was read the second time and referred to the Committee on Agriculture.
The Senate took up a bill of the House of Representatives to change the line between the counties of Newton and Jasper, which was read the second time and referred to the Committee on New Counties and County Lines.
The Senate took up the following bills of the House of Representatives, which were read the second time, and referred to the Committee of the \Vhole, to-wit:
A bill to amend an Act to prohibit the sale of farm produce in certain counties between sunset and sunrise, so as to apply the same to the counties of Clayton, Houston, Echols and Baldwin.
Also, a bill to authorize the Ordinary of the county of Hall to sell the pauper farm of said county.
Also, a bill to fix the compensation for feeding prisoners confined in the jail of the county of Monroe.
Also, a bill to amend the charter of the city of Milledgeville.
Also, a bill to fix the amount to be paid for license to sell intoxicating liquors in the county of Emanuel.
Also, a bill to change the time for holding the Superior Court for the county of Wilcox.
Also, a bill to provide compensation for the county officers of the county of Oglethorpe for extra services, upon recommendation of the grand jury, and for other purposes.
Also, a bill to change the time of holding the Superior Courts of the Oconee Circuit.
Also, a bill to amend an Act to regulate the sale of intoxicating liquors in the counties of Stewart and Jasper.
The Senate took up the following bills of the House of Representatives, which were read the first time, to-wit:
A bill to create a Board of Commissioners for the county of Douglas.

246

JouRNAL OF THE SE:->ATE

Also, a bill to prevent fishing in the waters of \Vorth county with traps, nets, or seines.

Also, a bill to change the line bet\Yeen the counties of Taliaferro and Greene.

Also, a bill to authorize the voters of Dahlonega to hold an election for Intendant and Board of Town Commis-

siOners. Also, a bill to ratify the sale of Gilmer street, in the town

of Perry, in the county of Houston.

Also, a bill to amend the several Acts providing for a

registration of the voters of the county of Chatham.

Also, a bill to consolidate the offices of Tax Collector

and Tax Receiver for the county of Gilmer.

Also, a bill to prohibit the sale of intoxicating liquors

of any kind within three miles of the village of Penfield.

Also, a bill to consolidate the offices of Tax Collector

and Tax Receiver of the county of Pickens.

Also, a bill to re-enact an Act for the protection of game

in the county of l\Iclntosh.

Also, a bill to create a Board of Commissioners for the

county of Lee.

Also, a bill to amend section 2040 of the Code. Also, a bill to regulate the pay of jurors in the county

of Miller. Also, a bill to fix the pay of jurors in the Criminal Court

for the county of \Vebster.

Also, a bill to regulate the pay of jurors in: the county

of Bartow.

Also, a bill to amend the jury law of Richmond county

Also, a bill to fix the compensation of the County

Judge of the county of Richmond.



Also, a bill to amend an Act to provide for the registra-

tion of voters for the counties of Thomas, Lowndes and Decatur.

Also, a bill to authorize the Governor to procure standard weights and measures.

FEBRUARY 9, 1876.

247

Also, a bill to change the line between the counties of Laurens and Johnson.
Also, a bill to prohibit the sale of farm products in the counties of Hancock, Elbert, \Valton, Taylor and Crawford.
Also, a bill to prohibit the sale of intoxicating liquors within a certain portion of Fulton county.
Also, a bill to amend section 4127 of the Code. Also, a bill to regulate the sale of poisons in this State. Also, a bill for the protection of the farmers of the county of Charlton. Also, a bill to amend the charter of the City Bank of Macon. Also, a bill to change the line between the counties of Pulaski and Dodge. Also, a bill to organize a Criminal Court for the county of Burke. Also, a bill to create a Board of Commissioners for the county of Troup. Also, a bill to exempt from jury duty locomotive engineers and conductors of railroad trains. The Senate then, on motion, adjourned till IO o"clock to-morrow morning.

SENATE CHAMBER, ATLANTA, GA., } TVednesday, February 9, 1876, IO o'clock a.m.

The Senate met according to adjournment, and was opened with prayer by the Chaplain.
The roll was called, and the following Senators were present and answered to their names, to-wit-Messrs.

Arnow, Black, Blance, Brimberry,

Harris, Hester, Hopps, Howell,

McAfee, of the 39th,
McDaniel, McDonald,

248

JoURNAL OF THE SENATE

Cain, Cannon, Carter, Chastain, Cooper, Crawford, Deadwiler,

Hudson, ofthe 25th,
Hudson, of the 28th,
Kibbee, Knight, Lester,

Newborn, O'Daniel, Payne, Peavy, Perry, Reese, Rutherford,

DuBose, Felton, Freeman, Gilmore,

Matthews, Mattox, l\1cAfee,
of the 32d,

Slaughter, \Nilson, \Vinn, l\1R. PRESIDENT.

Graham,

Mr. Harris moved to reconsider so much of the Journal

of yesterday as relates to the passage of a bill of the

House of Representatives to define the corporate limits of

the town of Camilla, which was agreed to.

On motion, the bill just reconsidered was taken up and

referred to the Committee on the Judiciary.

Mr. Howell moved to reconsider so much of the Journal

of yesterday as relates to the passage of a bill to incorpo-

rate the Atlanta College of Dental Surgery, which was

agreed to.

Mr. Harris moved to reconsider so much of the Journal of yesterday as relate~ to the passage of a bill of the

House of Representatives to levy and collect a tax for the

support of the Government for the year 1876, which was

agreed to.

Mr. W. H. McAfee moved to reconsider so much of

the Journal of yesterday as relates to the passage of a bill

of the House of Representatives to exempt from taxation

annual crops in the hands of the producer on the 1st day

of April, after such crops are produced; upon agreeing to

which the yeas and nays were required to be recorded,

to-wit:

Those who voted in the affirmative are-Messrs.

Brimberry,

Harris,

McAfee,

Cain,

Hester,

of the 39th,

FEBRUARY 9 I876.

24~

Carter, Chastain, Cooper, Crawford, Deadwiler, Freeman, Gilmore, Graham,

Howell, Hudson,
of the 28th, Kibbee, Lester, Matthews, McAfee,
of the 32d,

McDaniel, Newborn, Payne, Perry, Reese, Slaughter, \Vilson, \Vinn.

Those who voted in the negative are-Messrs.

Black,

Felton,

Mattox,

Blance,

Hudson,

O'Daniel,

Cannon,

of the 25th, Peavy,

DuBose,

Knight,

Rutherford.

Yeas, 27. Nays, I 1.

So the motion was agreed to.

Mr. Kibbee, chairman of the Committee on Finance,.

made a report, which was read.

Mr. Lester, chairman of the Committee on the Judiciary,

made a report, which was read.

Mr. O'Daniel, chairman of the Committee on State Li-

brary, made a report, which was read.

The hour of I I o'clock having arrived, the Senate took

up, as a report of the Committee of the \Vhole, the spe-

cial order, which was a bill to abolish the Georgia State

Lottery, and for other purposes.

The Committee on the Judiciary moved to amend by

striking out the zd section, which was agreed to.

Mr. Reese moved to amend further, by providing that

the Act shall not take effect till November I, I876, which

was agreed to.

The report as amended was agreed to. The bill was

read the third time. Upon the question "shall this bill

now pass?" the yeas and nays were required to be recorded,

to-wit:

Those voting in the affirmative are-Messrs.

Black,

Gilmore,

Lester,

Brimberry,

Hester,

McDaniel,

250

JouRNAL oF THE SENATE

Cain, Cooper, Crawford, DuBose,

Hudson, of the 28th,
Kibbee,

O'Danicl, Perry, Reese.

Those voting in the negative are-Messrs.

Blance,

Hudson,

Newborn,

Cannon,

of the 25th, Payne,

Carter,

Matthews,

Peavy,

Chastain,

Mattox,

Rutherford,

Deadwiler,

1\TcAfee,

Slaughter,

Freeman,

of the 32d, \Nilson,

Graham,

McAfee,

\Vinn.

Harris,

of the 39th,

Howell,

Yeas, 15. Nays, 2I.

So the bill was lost.

Mr. Blance, chairman of the Committee on the Asylum

for the Deaf and Dumb, made a report, which was read.

1\Ir. J. \V. Hudson, chairman of the Committee on the

Lunatic Asylum, made a report, which was read.

The Senate took up, as the report of the Committee of

the \Vhole, a bill to change the line between the counties

of Calhoun and Early.

The Comm:ttee 'On New Counties and County Lines

recommended its passage. The report was agreed to.

The bill was read the third time and passed.

The Senate took up, as the report of the Committee of the \\'hole, a bill to create a Board of Commissioners for the county of Putnam.

The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill to regulate the fees of the Attorney General of this State.
The Committee on the Judiciary recommended a substitute in lieu of the original bill, which was agreed to. The

251
report as amended was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill to amend an Act to provide for the collection and publication of farm statistics.
The Committee on Finance recommended adversely to its passage. The report was agreed to and the bill was lost.
The follo\\ing message was received from the House of Representatives, through Mr. Sweat, the Clerk thereof, towit:
Jlfr. President : The House of Rrepresentatives have passed the follow-
ing bills, to-wit: A bill to organize a County Court for the county of
Randolph, in this State; to define its jurisdiction ; and to make applicable to the same certain provisions of the Code of 1873, and for other purpose.
Also, a bill to make the Ordinary of Greene county ex-officio Treasurer; to fix the bond thereof, and for other purposes.
Also, a bill to amend an Act entitled an Act to establish a permanent Board of Education. and Orphanage for the county of Bibb, and to incorporate the same, approved August 23, 1872.
Also, a bill to amend an Act entitled an Act to amend the road laws, so far as the 'f.Jorking of the roads of Chatham county is concerned, and for other purposes therein set forth, relating to the county of Chatham and the city of Savannah.
Also, a bill to abolish the County Court of Upson County, and for other purposes.
Also, a bill to repeal the third section of an Act to fix the compensation of the Tax Collector and Receiver of the county of Cherokee, and for other purposes.
Also, a bill to prohibit the sale of intoxicating drinks, of

252

JouRNAL OF THE SENATE

any kind whatsoever, within two miles of Sardis Baptist Church, in Cobb county.
Also, a bill to submit to the legal voters of Rutland District, in the county of Bibb, the question of prohibiting the sale of spirituous, vinous or malt liquors, in said District, and for other purposes.
Also, a bill to amend an Act to create a County Court in each county of the State of Georgia, except certain counties therein mentioned, approved January 19, 1872, so far as the same refers to the county of Clarke, and to provide therein for the appointment of a Solicitor for the County Court of Clarke.
Also, a bill to authorize the creditors of any person making a voluntary assignment, to compel the assignee to give security to discharge his trust, and for other purposes.
Also, a bill to amend an Act entitled an Act to regulate the weighing of cotton, rice, and other agricultural products, and to prescribe a penalty for a violation of the same, approved March 2, 1875.
Also, a bill to alter and amend an Act to incorporate the town of Waycross, in the county of Ware, and to provide for the election of Intendant and Commissioners therefor, and to define their duties and powers, and for other purposes, approved March 3, 1874.
Alsn. a bill to repeal and amend the last three lines of section 3d of an Act, approved March 3, 1874, to provide for the payment of the claims of school officers and teachers for services rendered in the year I 87J, so far as the same relates to the county of Campbell.
Also, a bill to alter and amend the charter of the city of Americus, in the county of Sumter; to change the terms of office of the Mayor and Board of Aldermen, and Clerk and Treasurer, from one year to two years, and for other purposes.
Also, a bill to change the line defining the corporate limits of the city of Newnan, in the county of Coweta.

FEBRUARY 9 1876.

253

Also, a bill to ratify and confirm the sale of certain real estate by the Trustees of the First Baptist Society of Augusta, and for other purposes.
Also, a bill to regulate the sale of spirituous, vinous and malt liquors in the counties of Floyd, Dade, Polk, and {)ther counties therein named, approved February 26, 1875, so as to apply the provisions of said Act to the county of Madison.
Also, a bill to prohibit the sale of intoxicating liquors within three miles in any direction of Bluffton, m the county of Clay.
Also, a bill to amend an Act, assented to February 28, 1874, to create a County Court for the county of Clayton, in this State, and to provide for the disposition of convicts therein.
Also, a bill to repeal so much of an Act entitled an Act to increase the pay of jurors in the counties of Stewart, \Vebster, Troup, and others, as relates to the county of Jasper, approved December 14, 1871, and for other purposes.
Also, a bill to regulate the pay of jurors in Macon county.
Also, a bill to amend an Act to organize a Criminal Court for the counties of DeKalb, Henry, Carroll and Sumter, approved February 22, 1873, so as to include in the provisions of said Act the county of Pike, in this State.
Also, a bill to prohibit attorneys at law from becoming securities on the official bonds of Sheriffs in this State.
Also, a bill to repeal so much of an Act entitled an Act to regulate the sale of spirituous, vinous and malt liquors in the counties of Floyd, Dade, Polk, Chattooga, Whitfield, 'vValker, Hall, Bartow, Gordon, Coweta, Carroll, Haralson, Murray, Paulding, and the town of Palmetto, in the county of Campbell, in the State of Georgia, approved February 26, 1875, as applies to the county of Polk.

.254

JOL'RXAL OF THE SE!\ATE

Also, a bill to repeal an Act entitled an Act to regulate the sale of spirituous, vinous and malt liquors in the counties of Floyd, Dade, Polk, Chattooga, \Vhitfield, Walker, Hall, Bartow, Carroll, Haralson, i\iurray, Paulding, and the town of Palmetto, in the county of Campbell, in the State of Georgia, and for other purposes, approved February 26, 1875, so far as the same relates to the city of Cartersville, in Bartow county.
Also, a bill to authorize the Superior Courts of this State to grant corporate powers to certain religious and educational associations, and to amend section 1677, of the Code relative to the same.
Also, a bill to require Judges of the Superior Courts, at each term of said court in every year, to give specially in charge sections 1402 and 1400 of the Revised Code of 1873.
Also, a bill to amend an Act entitled an Act to create a County Court in each county in the State of Georgia, except certain counties therein mentioned, approved January 19, 1872, so far as relates to the county of l\Iorgan; to increase the civil jurisdiction of said County Court of l\Iorgan ; to fix the time for the trial of cases returnable to the quarterly sessions of said court; to fix the fees of the officers of said court in certain cases ; to provide for the appointment of a County Solicitor, and for other purposes.
Also, a bill to grant the privilege to 0. S. Porter and others, of Newton county, to erect a dam across Ycllow river at Henry Shoals, in said county.
Also, a bill to consolidate the offices of Tax Receiver and Tax Collector of the county of Randolph, and to provide for the compensation for the duties of the same.
Also, a bill to authorize the County Treasurer of Screven county to pay certain orders of the Judge of the Superior Court of said county, for compensation of certain officers of said court for extra services.
Also, a bill to amend the laws in relation to the jurisdiction of the County Judge in county matters so far as

FEBRUARY 9' I8J6.

255

the same relates to the county of Screven, and to provide for the exercise of such jurisdiction by a County Board herein created, and for other purposes.
Also, a bill to repeal an Act entitled an Act to repeal the 1st section of an Act entitled an Act to change the line between the counties of Chattahoochee and Stewart, as far as the same affects the residence of \Villiam V. Collier (now Alvy D. Harp), and R. D. Sigemore, approved March 2, 1874
Also, a bill to limit and define the powers of the municipal authorities of the city of Augusta to issue bonds for the completion of the Au6usta canal, and to confirm the bonds already issued for the enlargement of said canal as valid and binding.
Also, a bill to repeal an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for the county of Calhoun, and to define the powers and duties thereof, and the various amendments thereto, approved February 22, 1875
Also, a bill to legalize the order passed by the Judge of the Superior Court of Henry county, at the Fall term of 1874, of said court, in favor of the Sheriff and Clerk of the Superior Court of said county, for scrv::.:es as to county business, and for compensation for extra services, for \vhich there are no fees prescribed by bw, and to authorize the Treasurer of said co~nty to pay the same.
The House of Representatives has also passed the following Senate bills, to-vit :
A bill to change the line betw-:e:1 t!1e countie::> of Appling and \Vayne, and for other purpo,;e,;.
Also, a bill to authorize the CorL;Jtrol!er Gener;d to collect, by execution, debts due the S;a~~ by lessees of Penitentiary convicts.
Also, a bill to define the time within IV,LC 1 proceed:ngs to set aside judgments and decrees 'll C<)Urt5 must be established.

JouRNAL OF THE SENATE
Also, a bill to define and punish criminal negligence. Also, a bill to alter and amend section 383 of the Code of r873. Also, a bill to provide for the adjustment of the rights of parties in cases where property which has been set apart, under the homestead and exemption laws of this State, has been sold. Also, a bill to legalize the election of municipal officers of the town of Cedartown, and for other purposes. The House of Representative has also passed the following Senate bills with amendments, in \Yhich they ask the concurrence of the Senate, to-wit : A bill to incorporate the Chestatee Quartz l\Iining and Sluice \Vashing Company. Also, a bill to punish any person or persons who shall sell, give, lend, or furnish any minor or minors "ith deadly \\"capons. Also, a bill to alter and amend an Act to incorporate the Chestatee Fluming and Mining Company, and fo rather purposes, approved December 3, r866. The House has also passed the following Senate bill, by the requisite constitutional majority of 102 yeas, to-wit: A bill to incorporate the Bruns\\ick Bank and Trust Company. The Senate took up, as the report of the Committee of the \Vhole, a bill to amend an Act to create a County Court for each county in this State, except certain counties therein named, so far as it applies to the county of Screven. The Committee on the Judiciary moved to amend the report, by adding after section 9th, a section to be numbered 10, which was agreed to. The report, as amended, was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill to authorize the Judge of the County Court of the county of Hancock to issue bonds of said county to build a court house under certain restrictions.

257
The Committee on Finance moved to amend by striking Qut the words, in 2d section, the following: ''and shall be exempt from taxation-State, county or municipal," which was agreed to. The report, as amended, was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill for the relief of B. H. Ivey and G. W. Cody, of the county of \Varren.
The Committee on the Judiciary recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the whole, a bill for the relief of the sureties of Thomas E. McRae.
The Committee on Finance recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill to repeal all local ordinances inconsistent with the provisions of section 1563 of the Code.
The Committee on the Judiciary recommended a substitute in lieu of the original bill, which was agreed to. The report, as amended, was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill to regulate the admission of patients 111 the Lunatic Asylum.
The Committee on the Lunatic Asylum recommended its passage.
Mr. \Vinn moved to indefinitely postpone the bill.
Mr. Harris moved to amend by striking out the 1st section, which was agreed to.
The motion of Mr. \Vinn was lost. The report of the committee, as amended, was agreed to. The bill was read the third time.
17

258

JouRN"AL oF THE SE:->ATE

On motion of :\Ir. Cain, the bill was indefinitely postponed.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to fix a salary for the Judge of the County Court of the county of Brooks. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to amend an Act to create a County Court for the county of Miller.
The Committee on the J uJiciary recommended its passage. The report was agreed to, and the bill was read the third time and passed.
On motion, the rules were suspended, and the following bills were introduced and severally read the first time, towit:
By 1\Ir. PcavyA bill to allow executors and administrators to purchase property at their own sales. By Mr. H:urisA bill to ailow Sheriffs in one county to levy executions in another county in certain cases therein named, and for other purposes. By Mr. BlanceA bill to amend the charter of the town of Van \Vert, in the county of Polk. Also, a bill to amend an Act to regulate the sale of intoxicating liquors in the counties of Floyd, Dade, Polk, and other counties therein named. By Mr. ReeseA bill to provide a rc:medy :or persons having liens on realty under section 1979 of the Code. By l\Ir. SlaughterA bill to amend an Act to rc;_ulate the sale of intoxicating liquors within two mi:es of t~1e v:Ilage of Villa Rio.

FEBRUARY g, I8J6.

259

By Mr. GrahamA bill to change the line between the counties=of Clay and Calhoun. Also, a bill to amend an Act to org-anize a Criminal Court for the county of Clay. Leave of absence was granted to Mr. l\1cDonald for today, on account of sickness. The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to fix the pay of jurors in the county of Clinch. The Committee on the Judiciary recommended adversely to its passage. The report was agreed to, and the bill was lost. The Senatt took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to regulate the sale of intoxicating liquors in the county of Miller. Mr. Brimberry moved to amend by striking out the provisions submitting the matter to a vote of the people, which was agreed to. The report, as amended, was agreed to. The bill was read the third time and passed. The Senate took up, as the report of the Committee of the \Vhole, a bill to amend section 4141 of the Code.
The Committee on the Judiciary recommended adversely to its passage. The report was not agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill to amend section 3542 of the Code.
The Committee on the Judiciary recommended adversely to its passage. The report was agreed to, and the bill was lost.
The Senate took up, as the report of the Committee of the \Vhole, a bill to provide for compensating physicians for post mortem examinations in cases where inquests are held.
The Committee on Finance recommended adversely to

260

}OUR~AL OF THE SENATE

its passage. The report was agreed to, and the bill was lost.
The Senate took up, as the report of the Committee of \Vhole, a bill to repeal an Act to authorize the Governor to issue bonds for educational purposes.
The Committee on Finance recommended its passage. The report was agreed to, and the bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill to amend the charter of the city of Sandersville, and for other purposes.
The Committee on the Judiciary moved to amend by adding a section known as section 4th, which was agreed to. The report as amended was agreed to. 'The bill was read the third time and passed.
The Senate took up, as the report of the Committee of \Vhole, a bill to provide for compensation to Ordinaries, Sheriffs, and Clerks of the Superior Court for extra ser-
VICes.
The Committee on the J udici;:.ry recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up the following bills, which \\ere read the second time, and referred to the Committee on the Judiciary, towit :
A bill to amend an Act to establish a City Court for the city of Atlanta, and for other purposes.
Also, a bill to require Judges of Superior Courts to render judgments at the first term of the Court, in cases where no issuable defense is filed on oath.
The Senate took up a bill for the relief of Shimuel Timmerman, which was read the second time and referred to the Committee on Finance.
The Senate took up a bill to incorporate the Atlanta City Brewing Company, which was read the second time and referred to the Committee on Internal Improvements.
The Senate took up abill to prevent the sale of intoxica-

FEBRUARY 9 1876.

261

ting liquors within two miles of Henry's Church, in the county of Hart, which was read the second time and referred to the Committee of the vVhole.
The Senate took up, as the report of the Committee of the vVhole, a bill to amend the garnishment laws of this State.
The Committee on the Judiciary recommended adversely to its passage. The report was agreed to, and the bill was lost.
The Senate took up, as the report of the Committee of the \Vhole, a bill to amend the law of legal advertising in this State.
The Committee on the Judiciary recommended a substitute in lieu of the original bill, which was agreed to. The report as amended was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill to amend sections 1227, 1228, 1235, 1236 and 1237, of the Code.
The Committee on the Asylum for the Deaf and Dumb recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill to prevent and punish escapes from the chain gang.
The Committee on the Judiciary recommended its pass-
age. The report was agreed to. The bill was read the third time and passed.
The Senate took up the following bills of the House of Repesentatives, which were read the first time, to-wit :
A bill to amend an Act to create a County Court for the county of Morgan.
Also, a bill to repeal an Act to regulate the sale of intoxicating liquors in certain counties, so far as it applies to the county of Polk.
Also, a bill to consolidate the offices of Tax Receiver and Tax Collector for the county of Randolph.

262

}Ot:RXAL OF THE SENATE

Also, a bill to authorize 0. S. Porter and others, of the County of Newton, to erect a dam across Yellow river.
Also, a bill to authorize the County Treasurer, of the county of Screven, to pay certain orders of the County Judge of said county.
Also, a bill to amend the laws in relation to the jurisdiction of the County Judge of the county of Screven, as to county matters.
Also, a bill to require Judges of the Superior Courts to give in special charge sections 1402 and 1408 of the Code.
Also, a bill to change the line between the counties of Chattahoochee and Stewart.
Also, a bill to limit the power of the municipal authorities of the city of Augusta to issue bonds, and for other purposes.
Also, a bill to repeal an Act to create a Board of Commissionsers for the county of Calhoun.
Also, a bill to legalize the order passed by the Judge of the Superior Court of the county of Henry, in favor of the Sheriff and Clerk of the Superior Court, for extra services.
Also, a bill to reguL1te the p:1y of jurors in the county of Macon.
Also, a bill to regulate the pay of jurors in the county of Jasper.
Also, a bill to prohibit the sale of intoxicating liquors within three miles of Bluffton, in the county of Clay.
Also, a bill to prohibit the sale of intoxicating liquors within two miles of Sardis Baptist Church, in the county of Cobb.
Also, a bill to amend an Act to regulate the sale of intoxicating liquors in certain counties, so far as it applies to the county of Madison.
Also, a bill to amend an Act to regulate the weighing of cotton, rice, and other agricultural products.
Also, a bill to change the limits of the city of Newnan.

FEBRUARY 9, I 876.

263

Also, a bill to abolish the County Court of the county ()f Upson.
Also, a bill to amend the road laws relating to the county Of Chatham.
Also, a bill to amend an Act to create a Board of Education and Orphanage for the county of Bibb.
Also, a bill to amend an Act to create a County Court for the county of Clayton.
Also, a bill to authorize the Superior Courts of this State to grant corporate powers. to certain religious and educational associations.
Also, a bill to amend an Act to provide for paying school teachers for the county of Campbell for the year 1871.
Also, a bill to regulate the sale of intoxicating liquors in the Rutland District, in the county of Bibb.
Also, a bill to repeal so much of an Act to regulate the sale of intoxicating liquors in certain counties, as applies to
the city of Cartersville, in the county of Bartow. Also, a bill to repeal the third section of an Act to fix the compensation of Tax Collector and Tax Receiver of the county of Cherokee.
Also, a bill to amend an Act to create a County Court for each county in this State, except counties therein named, so far as it applies to the county of Clarke, and for other purposes.
Also, a bill to amend the charter of the town of 'vVaycross, in the county of \Vare.
Also, a bill to amend an Act to create a County Court for the county of Coweta.
Also, a bill to amend the charter of the city of Americus, in the county of Sumter.
Also, a bill to make the Ordinary of the county of Greene ex-officio Treasurer, and for other purposes.
Also, a bill to extend to the county of Pike the provisions of an Act to organize a Criminal Court for the counties of DeKalb, Henry, Carroll and Sumter.



264

JouRNAL OF THE SENATE

Also, a bill to authorize any creditor of persons making voluntary assignments to compel the assignee to give bond for the faithful execution of the trust.
Also, a bill to prohibit attorneys at law from becoming sureties on the official bonds of Sheriffs of this State.
Also, a bill to organize a County Court for the county of Randolph, to define its jurisdiction, and for other purposes.
Also, a bill to ratify and confirm the sale of certain real estate by the Trustees of the First Baptist Society of Augusta, and for other purposes.
On motion, the rules were suspended, and Mr. vV. H.
McAfee introduced a bill to amend an Act to create a Board of Commissioners for the county of Lumpkin, and for other purposes, approved February 27, 1875, '.Vhich was read the first time.
The hour of adjournment having arrived, the Senate ad-
.journed till 10 o'clock to-morrow morning.

SENATE CHAMBER, ATLAXTA, GA., } Thursday, Febntary 10, I 876, 10 o'clock a. m.

The Senate met according to adjournment, and was opened with prayer by the Chaplain.

The rll was called, and the following Senators were present and answered to their names, to-wit-Messrs.

Black, Blance, Brimberry, Cain, Cannon, Carter, Chastain, Cooper, Crawford,

Hester, Howell, Hudson,
of the 25th, Hudson,
of the 28th, Kibbee, Knight, Lester,

McDaniel, Newborn, O'Daniel, Payne, Peavy, Perry, Reese, Robinson, Rutherford,


FEBR{}ARY IO, 1876.

265

Deadwiler,

Matthews,

Slaughter,

DuBose,

Mattox,

\Vilcox,

Felton,

McAfee,

'Wilson,

Freeman,

of the 32d, \Vinn,

r

Gilmore,

McAfee,

MR. PRESIDEKT.

Graham,

of the 39th,

Harri~,

Mr. Hester moved to reconsider so much of the Journal of yesterday as relates to the loss of a bill to abolish the Georgia State Lottery.
Mr. \Vinn moved the previous question, which being seconded, the main question was ordered to be put.
.Upon the question of reconsideration the yeas and nays. were required to be recorded, to-wit:

Those who voted in the affirmative are-Messrs.

Black, Cain, Cannon, Cooper, Crawford, DuBose, Felton, Gilmore,

Graham, Hester, Howell, Hudson,
of the 28th, Kibbee, Knight,

Lester, McDaniel, O'Daniel, Perry, Reese, Robinson, Slaughter.

Those who voted in the negative are-Messrs.

Blance,

Matthews,

Brimberry,

McAfee,

Carter,

of the 32d,

Deadwiler,

McAfee,

Freeman,

of the 39th,

Harris,

Newborn,

Hudson, of the 25th,

Payne, Peavy, Rutherford, Wilcox, \Vilson, Winn.

Yeas, 21. Nays, 17.

So the motion was agreed to.

Mr. O'Daniel moved to reconsider so much of the Journal of yesterday as relates to the loss of a bill to regulate

266

JouRNAL oF THE SENATE

the admission of patients into the State Lunatic Asylum, which was agreed to.
A communication from the Georgia Agricultural Convention, in reference to a law taxing dogs, was presented . by the President and read.
Mr. J. \V. Hudson presented a petition of citizens of
Putnam county for the abolition of the County Court of said county.
Mr. Kibbee, chairman of the Committee on Finance, made a report, which was read.
:Mr. Felton, chairman of the Committee on Agriculture, made a report, which was read.
Mr. Freeman, chairman of the Committee on Enrollment, made the following report, to-wit:
Mr. Presidmt : The Committee on Enrollment report as duly enrolled,
and ready for the signatures of the President and Secretary of the Senate, the following bills, to-wit:
A bill to define and punish criminal negligence. Also, a bill to provide for the adjustment of the rights of parties in cases where property which has been set apart under the homestead and exemption laws of this State has heretofore been sold. Also, a bill to alter and amend section 383 of the Code of 1873, in relation to fixing penalties for misconduct of Solicitors General. Also, a bill to define the time within which proceedings to set aside judgments and decrees of courts must be instituted. Also, a bill to change the line between the counties of Appling and \Vayne, and for other purposes. Also, a bill to authorize the Comptroller General to collect, by execution, debts due the State by lessees of Penitentiary convicts. Mr. Hester, chairman of the Committee on New Counties and County Lines, made a report, which was read.

FEBRUARY 10, 1876.

267

Mr. Lester, chairman of the Committee on the Judiciary, made a report, which was read.
The roll was called for the introduction of new matter, when the following bills were introduced and read the first time, to-wit :
By Mr. BlanceA bill for the relief of Ernest Veal, of the county of Floyd. Also, a bill to change the law as to admission of students to the Academy for the Deaf and Dumb. By Mr. BlackA bill to incorporate the Atlantic and Mexican Gulf Canal Company, and for other purposes. By Mr. O'DanielA bill to amend an Act to create a County Court for each county in this State, so far as it applies to the county of Twiggs. By Mr. SimmonsA bill to incorporate the Bibb Manufacturing Company. The Senate took up, as the report of the Committee of the \Vhole, a bill to establish a Criminal Court for the county of Putnam. The Committee on the Judiciary recommended adversely to its passage. The report was agreed to, and the bill was lost. The Senate took up, as the report of the Committee of the \Vhole, a bill to confer additional jurisdiction on the Justices of the Peace in the county of Putnam. The Committee on the Judiciary recommended adversely to its passage. The report was agreed to, and the bill was lost. The Senate took up, as the report of the Committee of the Whole, a bill to require railroad companies incorporated under the laws of this State to begin and conclude their lines of road within a certain period therein named. On motion, the bill was re-committed to the Committee on the Judiciary.

268

} OCRXAL OF THE SENATE

The Senate took up, as the report of the Committee of the \Vhole, a bill to amend section 267 of the Code.
The Committee on the J udieiary moved to amend, by striking out the words "common law," in the 1st section, and insert in lieu thereof the word "trial," which was agreed to. The report as amended was agreed to.
1Ir. Harris moved that the bill be indefinitely postponed. Pending consideration of this bill, the hour of adjournment having arrived, the Senate, on motion of Mr. Reese, adjourned until 3 o'clock p. m.

AFTERNOON SESSIOX. 3 o'CLOCK.
The Senate re-assembled, and resumed consideration of a bill to amend section 267 of the Code.
On motion of Mr. Reese, the Senate suspended the order of business in order to read bills the second time.
The Senate took up the following bills, which were read the second time and referred to the Committee on the Judiciary, to-wit :
A bill to amend an Act to create a Criminal Court for the counties of Marion, Talbot, Stewart and Chattahoochee, so far as to apply the same to the county of Clay.
Also, a bill to amend an Act to regulate the sale of intoxicating liquors in Floyd and other counties.
Also, a bill to provide a remedy for parties having liens. on realty under section 1979 of the Code.
Also, a bill to amend the charter of the town of Van Wert.
Also, a bill to provide for levy of executions in cases where the Sheriff is interested, and for other purposes.
Also, a bill to authorize executors or administrators to buy property sold by themselves.
The Senate took up a bill to change the line between the counties of Clay and Calhoun, which was read the second

FEBRUARY 10, 1876.

2!39

time and referred to the Committee on New Counties and County Lines.
The Senate took up the following bills, which were re:td second time and referred to the Committee of the \\'hole, to-wit:
A bill to prohibit the sale of intoxicating liquors in the village of Villa Rica.
Also, a bill to amend an Act to create a Board of Commissioners for the county of Lumpkin.
The Senate took up the following bills of the House of Representatives, which were read the second time and referred to the Committee on the Judiciary, to-wit:
A bill to repeal an Act to regulate the sale of intoxi_ eating liquors in certain counties, so far as it relates to the city of Cartersville.
Also, a bill to organize a Criminal Court for the county of Burke.
Also, a bill to amend section 2040 of the Code. Also, a bill to require Judges of the Superior Courts to give in special charge to grand juries sections 1402 and 1408 of the Code. Also, a bill to regulate the sale of poisons in this State.
Also, a bill to amend section 4 I 2 7 of the Code.
Also, a bill to consolidate the offices of Tax Receiver and Tax Collector of the county of Pic-kens.
Also, a bill to abolish the County Court of the county of Upson.
Also, a hill to consolidate the offices of Tax Receiver and Tax Collector of the county of Gilmer.
Also, a bill to legalize the sale of Gilmer street, in the town of Perry, in the county of Houston.
Also, a bill to authorize creditors of any person making a voluntary assignment to compel such assignee to give bond for the faithful execution of the trust.
Also, a bill to create a Criminal Court for the county of Pike.

270

}OCRC\AL OF THE SENATE

Also, a bill to amend an Act to create a County Court for the county of Clayton.
Also, a bill to prohibit attorneys at law from becoming sureties on the official bonds of Sheriffs.
Also, a bill to organize a County Court for the county of Randolph, and for other purposes.
Also, a bill to amend an Act to create a permanent Board of Education and Orphanage for the county of Bibb.
Also, a bill to make the Tax Collector of the county of Greene ex-officio Treasurer of said county.
Also, a bill to prohibit the sale of farm products between sunset and sunrise, in the counties of Hancock, Elbert, \Valton, Taylor and Crawford.
Also, a bill to exempt from jury duty conductors of railroad trains.
Also, a bill to amend the jury laws of this State so far as the same applies to the county of Richmond.
Also, a bill to authorize the Superior Courts to grant certain corporate powers to religious or educational associations.
Also, a bill to amend an Act to create a County Court for each county in this State, so far as it applies to the county of Morgan.
Also, a bill to amend the laws in relation to the jurisdiction of the County .Judge in regard to county matters.
The Senate took up the following bills of the House of Representatives, which were read the second time and referred to the Committee on Finance, to-wit:
A bill to regulate the pay of jurors in the county of Macon.
Also, a bill to authorize the Governor to procure standard weights and measures, and to distribute the same.
Also, a bill to limit the power of the municipal authorities of Augusta to issue bonds, and for other purposes.
The Senate took up the following bills of the House of Representatives, which were read the second time and

FEBRUARY IO, 1876.

271

referred to the Committee on Internal Improvements, towit:
A bill to amend the charter of the city of Americus, in the county of Sumter.
Also, a bill to create a Commissioner of Roads for the county of Troup, and for other purposes.
Also, a bill to create a Board of Commissioners for the county of Lee.
Also, a bill to grant the privilege to 0. S. Porter and others to erect a dam across Yellow river, in the county of Newton.
The Senate took up a bill of the House of Representatives to amend the charter of the City Bank of Macon, which was read the second time and referred to the Committee on Banks.
The Senate took up a bill of the House of Representatives to amend an Act to provide for the payment of school teachers of the county of Campbell for the year I87J, which was read the second time and referred to the Committee on Education.
The Senate took up the following bills of the House of Representatives, which were read the second time and referred to the Committee on Agriculture, to-wit :
A bill to amend an Act to regulate the weighing of cotton, rice and other agricultural products.
Also, a bill for the protection of the farmers of Charlton county.
Also, a bill to prevent fishing in the waters of \Vorth county with seines, traps and nets.
The Senate took up the following bills of the House of Representatives, which were read the second time and referred to the Committee on New Counties and County Lines, to-wit :
A bill to change the line between the counties of Randolph and Terrell.
Also, a bill to change the line between the counties of Chattahoochee and Stewart.

272

JouRNAL OF THE SENATE

Also, a bill to change the line between the counties of Pulaski and Dodge.
Also, a bill to change the line between the counties of Taliaferro and Greene.
The Senate took up the following bills of the House of Representatives, which were read the second time and referred to the Committee of the vVhole, to-wit:
A bill to regulate the sale of intoxicating liquors in certain portions of the county of Fulton.
Also, a bill to amend the several Acts providing for a registration of the legal voters in the county of Chatham.
Also, a bill to prohibit the sale of intoxicating liquors within. three miles of the village of Penfield, in the county of Greene.
Also, a bill to fix the pay of jurors in the county of \Vebster.
Also, a bill to regulate the pay of jurors in the county of Miller.
Also, a bill to authorize the voters of Dahlonega to hold an election for Intendant and Town Commissioners.
Also, a bill to regulate the compensation of the County Judge of the county of Richmond.
Also, a bill to amend an Act to create a Board of Commissioners for the county of Douglas.
Also, a bill to change the corporate limits of the town of Newnan.
Also, a bill to amend an Act to create a County Court for the county of Coweta.
Also, a bill to amend the charter of the town of \Vaycross, in the county of \Vare.
Also, a bill to regulate the sale of intoxicating liquors in the Rutland District, in the county of Bibb.
Also, a bill to consolidate the offices of Tax Collector and Tax Receiver in the county of Randolph.
Also, a bill to regulate the pay of Jurors in the county oQ[ Jasper.

FEBRUARY 10, 1876.

273

Also, a bill to prohibit the sale of intoxicating liquors within two miles of Sardis Baptist Church, in the county of Cobb.
Also, a bill to prohibit the sale of intoxicating liquors within three miles of Bluffton, in the county of Clay.
Also, a bill to authorize the County Treasurer of the county of Screven to pay certain orders of the County Judge of said county.
Also, a bill to repeal an Act to regulate the sale of spirituous liquors in the county of Polk.
Also, a bill to amend an Act to create a County Court in each county in this State, so far as it applies to the county of Clarke.
Also, a bill to regulate the pay of jurors in the county of Bartow.
Also, a bill to amend an Act to fix the compensation of the Tax Collector and Receiver in the county of Cherokee.
Also, a bill to amend the road laws so far as they apply to the county of Chatham.
Also, a bill to amend an Act to provide for a registration of the legal voters of the counties of Thomas, Lowndes, Decatur, Mitchell and Camden.
Also, a bill to repeal an Act to create a Roard of Commissioners for the county of Calhoun.
Also, a bill to revise an Act for the protection of game in the counties of Mcintosh and Liberty.
Also, a bill to legalize the order passed by the Judge of the Superior Court of Henry county, for county officers of said county, for extra services..
Also, a bill to ratify and confirm the sale of real estate by the Trustees of the First Baptist Society of Augusta.
The Senate resumed consideration of a bill to amend section 267 of the Code.
On motion of Mr. Harris, the bill was made the special oQrder for Saturday next, at 10:30 o'clock a. m.
18

274

]OURXAL OF THF. SEXATE

The Senate took up, as the report of the Committee of the \Vhole, a bill to prevent the sale of intoxicating liquors within two miles of Henry's Church, in the county of Hart. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill to amend an Act establishing a City Court for the city of Atlanta.
The Committee on the ] udiciary recommended its passage. The report was agreed to. The bill was read the third time and passed.
The :::;enate took up a bill to authorize settlements to be made with \Vm. H. Hulsey, Esq., which was, by consent, withdrawn.
The Senate took up, as the report of the Committee of the \Vhole, a bill to regulate official advertising in this State.
The Committee on the ] udiciary recommended a su bstitute in lieu of the original bill, which was agreed to. The report as amended was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill to amend an Act to establish a City Court for the city of Atlanta, which was, by consent, withdrawn.
The Senate took up, as the report of the Committee of the vVhole, a bill to change the line between the counties of Twiggs and Bibb.
The Committee on New Counties and County Lines recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \\'hole, a bill to al::o!ish the County Court of the county of Putnam.
The Committee on the Judiciary recommended adversely to its pass1ge. The report was agreed to, and tl:e bill was lost.

FEBRCARY 10, I 876.

275

The Senate took up, as the report of the Committee of the Whole, a bill)o amend section~3961 of the Code.
The Committee on the Judiciary recommended its passage. The report was agreed to. The bill was read the third time and lost.
The Senate took up, as the report of the Committee of the whole, a bill to consolidate the offices of Tax Receiver and Tax Collector of the county of Twiggs, and for other purposes. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the whole, a bill to amend the tax laws of this State m relation to railroad companies.
The Committee on Finance recommended a substitutein lieu of the original bill, which was agreed to. The report as amended was agreed to. The bill was read the third time and passed.
The following bills were introduced and severally read the first time, to-wit:
By l\Ir. LesterA bill to protect the planters of oyster beds, and for other purposes, approved February I 8, I 856.
By Mr. HowellA bill to provide:for the registration of judgments in the Justices' Courts.
Also, a bill to incorp01ate the Fulton Manufacturing Co:npany.
On motion, the Senate adjourned until 10 o'clock tomorrow morning.

276

JouRNAL OF THE SENATE

SENATE CHAMBER, ATLANTA, GA., } Friday, Februmy I I, 1876, 10 o'clock a. m.

The Senate met according to adjournment, and was

opened with prayer by the Chaplain. The roll \\as called, and the following Senators were
present and answered to their names, to-wit-1\Iessrs.

Black,

Harris,

McAfee,ofthe 39th,

Blance,

Hester,

McDaniel,

Brimberry,

Hopps,

Newborn,

Cain,

Howell,

O'Daniel,

Cannon,

Hudson,

Payne,

Carter,

of the 25th, Peavy,

Chastain,

Hudson,

Perry.

Cooper,

of the 28th, Reese,

Crawford,

Kibbee,

Robinson,

Deadwilcr,

Knight,

Rutherford,

DuBose,

Lester,

Slaughter,

Felton,

Matthews,

\Vilcox,

Freeman,

:1\Iattox,

\Vilson,

Gilmore,

McAfee,

\Vinn,

Graham,

of the 32d, 1\IR. PRESIDE~T.

Mr. J. \V. Hudson moved to reconsider so much of the

Journal of yesterday as relates to the loss of a bill to abol-

ish the County Court of the county of Putnam.

Mr. DuBose moved to lay the motion to reconsider upon

the table. Upon agreeing to which, the yeas and nays

were required to be recorded, to-wit :

Those voting in the affirmative are-:;\Iessrs.

Cain, DuBose, Felton, Gilmore,

Lester, McAfee,
of the 32d, McDaniel,

Payne, Peavy, Reese, \Vinn.

Howell,

Those voting in the negative are-Messrs.

Blance,

Harris,

Newborn,

FEBRUARY I I, 1876.

277

Brimberry,

Hopps,

Perry,

Carter,

Hudson,

Robinson,

Chastain,

of the 25th, Rutherford,

Cooper,

Hudson,

Slaughter.

Crawford,

of the 28th, wilcox,

Freeman,

Matthews,

\Vilson.

Graham,

l\IcAfee, ofthe 39th,

Yeas, 12. Nays, 21.

So the motion was lost.

The motion to reconsider was then agreed to.

Mr. ]. \V. Hudson moved to reconsider so much of the Journal of yesterday as relates to the loss of a bill to establish a Criminal Court for the county of Putnam, which was lost.
Mr. Gilmore moved to reconsider so much of the Journal of yesterday as relates to the loss of a bill to amend section 3961 of the Code. Upon agreeing to which the yeas and nays were required to be recorded, to-wit:

Those voting in the affirmative are-Messrs.

Black, Cain, Cannon, Carter, Cooper, DuBose, Felton, Gilmore, Graham,

Harris, Hopps, Hudson,
of the 28th, Kibbee, Knight, Lester, McDaniel, O'Daniel,

Payne, Peavy, Perry, Reese, Robinson, Rutherford, \Vilcox, \Vilson, Winn.

Those voting in the negative are-Messrs.

Blance, Brimberry, Chastain, Crawford, Freeman,

Howell,

McAfee,

Hudson,

of the 39th,

of the 25th, Newborn,

Matthews,

Slaughter.

McAfee, of the 32d,

Yeas, 26. Nays, 12. So the motion was agreed to.

:278
Mr. Payne, chairman of the Committee on Internal Improvements, made a report, which was read.
Mr. \Vinn, chairman of the Committee on Banks, made a report, which was read.
The Senate took up and concurred in an amendment of the House of Representatives to a bill to amend the charter of the Chestatee Fluming and Mining Company.
The Senate took up a bill to legalize the election of municipal officers for the town of Cedartown.
On motion, the amendment of the House of Representatives was concurred in.
The Senate took up a bill:to make it penal to furnish minors with deadly weapons.
On motion, the amendment of the House of Representatives was concurred in.
The Senate took up a bill to incorporate the Chestatee Quartz Mining and Sluice Working Company.
On motion, the amendments of the House of Representatives were concurred in.
The rules were, on motion, suspended, and the following bills were introduced and severally read the first time, towit:
By l\Ir. GilmoreA bill for the relief of Hayward Brookins, of the county of \Vashington. By Mr. CarterA bill to am~nd section 416S of the Code. By Mr. KibbeeA bill to authorize parties buying railroads to organize themselves as corporations, and to prescribe the manner thereof. By Mr. HowellA bill to incorporate the Atlanta Glass Plate Insurance Company. By Mr. PerryA bill to reduce the official bond of the Sheriff of the county of Calhoun.

FEBRC1ARY I I, I876.

2i9

The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to prohibit the sale of intoxicating liquors within two miles of Sardis Baptist Church, in the county of Cobb. The report was agreed to, and the bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the Hc.use of Representatives, to require emigrant agents to take out license to carry on their business.
The Committee on the Judiciary recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives, to prohibit the sale of intoxicating liquors within three miles of Bluffton, in the county of Calhoun.
The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of
the Whole, a: bill to amend an Act to provide for the reg-
istration of voters in certain counties therein named. The report was agreed to. The bill was read the third
time and passed. The Senate took up, as the report of the Committee of
the vVhole, a bill of the House of Representatives, to regulate the sale of intoxicating liquors in the town of Morgan, in the county of Calhoun.
The report was agreed to. The bill was read the third .time and passed.
The following message was received from the House of Representatives, through Mr. Sweat, the Clerk thereof, towit:
Mr. Prcsidmt : The House of Representatives have passed the following
,bills, to-wit : A bill to regulate the manner in which costs in criminal

280

JouRNAL OF THE SENATE

'Cases shall be paid to the Solicitor General and other officers of courts in the county of Chatham, and the city of Savannah, and for other purposes.
Also, a bill to alter and amend section 6 IO of the Revised Code of Georgia, as to exemptions from road duty, and torepeal section 659.
Also, a bill to fix and regulate the salary of the County Treasurer of the county of Campbell, and for other purposes.
Also, a bill to require the payment of moneys arising from fines and forfeitures into the County treasury, and to regulate the disbursement of the same.
Also, a bill to amend section 1646 of the Code of 1873, so far as the same relates to the fees of Solicitor General, in certain cases.
Also, a bill to compensate E. C. Murphy and the legal representative of M. 'vV. Rasbury, deceased, late of Fulton county, for services rendered the State of Georgia in capturing certain persons therein named, and to refund money expended by said Murphy and Rasbury in the ~arne manner.
Also, a bill for the relief of William C. Peek, of the county of Fulton, and for other purposes.
Also, a bill to legalize certain acts of the County Commissioners of Mcintosh county.
Also, a bill to regulate the fees of the President of the Board of Town Commissioners and Marshal of the town of Laurenceville, in Gwinnett county.
Also, a bill to amend an Act entitled an Act to regulate the sale of spirituous, vinous and malt liquors in the counties of Floyd, Dade, Polk, Chattooga, Whitfield, 'vValker, Hall, Bartow, Gordon, Coweta, Carroll, Haralson, Murray and Paulding, and in the town of Palmetto, in the county of Campbell, in the State of Geor5ia, and for other purposes, approved February 26, 1875
Also, a bill to be entitled an Act to fix the compensa-

FEBRUARY II; I876.

281

tion of grand and traverse jurors, and Bailiffs, serving in the Superior Court of Calhoun county.
Also, a bill to be entitled an Act to amend an Act entitled an Act to create a Board of Commissioners of Roads. and Revenues for the county of Calhoun, and to define their duties, approved February 22, I873
Also, a bill to amend an Act to establish a City Court in the city of Atlanta, approved December I5, I87r.
Also, a bill to confer upon the chief executive officer of the city of Darien, the power to pass an alternate sentence of fine or imprisonment.
Also, a bill to submit to the legal voters of Lithonia, m DeKalb county, the question of prohibiting the sale of spirituous liquors, within one mile in every direction of said town.
Also, a bill to empower the Building Committee of the Austell Collegiate Institution, of Fairburn, in the county of Campbell, to levy a special ad valorem tax, and for other purposes.
The House has also passed the following bill, which I am directed to transmit forthwith to the Senate, to-wit :
A bill making appropriations for the Executive, Legislative and Judicial expenses of the Government, and for other purposes therein mentioned, for the year I876.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to amend an Act to create a Board of Commissioners for thecounty of Appling.
The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives for the protection of game in the county of Morgan.
The Committee on the Judiciary recommended its passage. The report was agreed to. The bill was read the third time and passed.

'282

JOURNAL OF THE SENATE

The Senate took up, as the report of the Committee of the whole, a bill of the House of Representatives to fix the pay of jurors in the county of Chattahoochee. The report was agreed to. The bill was read the third time and passed.
The hour of I I o'clock having arrived, the Senate took up the special order, which was a bill of the House of Representatives to provide for calling a Convention of the people of this State to revise the Constitution of said State, and to appropriate money to pay the expenses of such Convention.

The Committee on the Judiciary moved to amend the Ist section, by inserting first \Vednesday in April, I876, in lieu of first \Vednesday in January, I877. Strike out also first \Vednesday in March, I 876, and insert in lieu thereof first \Vednesday in May, I876.
Upon agreeing to the amendments of the Committee on the Judiciary, the yeas and nays were required to be recorded, to-wit:

Those voting in the affirmative are-Messrs.

Blance, Brimberry, Cannon, Carter, Crawford, Deadwiler, DuBose, Freeman,

Gilmore, Hester, Hopps, Howell, Hudson,
of the 28th, Kibbee, Lester,

Matthews, :Mattox, McAfee,
of the 32d, Payne, Perry, Slaughter, \Vinn.

Those voting in the negative are-Messrs.

Black, Cain, Chastain, Cooper, Felton,

Hudson, of the 25th,
Knight, McAfee,
of the 39th,

O'Daniel, Peavy, Reese, Robinson, Rutherford,

FEBRUARY I I, I876.

283

Graham,

McDaniel,

Wilcox.

Harris,

Newborn,

\Vilson.

Yeas, 22. Nays, I9. So the amendments were agreed to.

Mr. Gilmore moved further to amend by adding a sec-

tion submitting the question of holding a Convention to

the people of the State; upon agreeing to which the yeas

and nays were required to be recorded, to-wit:

Those voting in the affirmative are-Messrs.

Black,

Hester,

McDaniel,

Brimberry,

Hopps,

Ne\vborn,

Carter,

Kibbee,

Payne,

Cooper,

Knight,

Reese,

Crawford,

Matthews,

Robinson,

Deadwiler,

Mattox,

Slaughter,

DuBose,

McAfee,

\Vilcox,

Freeman,

of the 32d, \Vinn.

Gilmore,

Those voting in the negative are-Messrs.

Blance,

Hudson,

O'Daniel,

Cannon,

of the 25th, Peavy,

Chastain,

Hudson,

Perry,

Felton,

of the 28th, Rutherford,

Graham,

Lester,

\Vilson.

Harris,

McAfee,

Howell,

of the 39th,

Yeas, 24. Nays, I6.

So the amendment was agreed to.

Mr. Slaughter offered a substitute for the bill as

amended; upon agreei.-:t!" to which the yeas and nays were

required to be recorded, to-wit:

Those voting in the affirmative are-Messrs.

Black, Blance, Cannon,

Graham, Harris, Hopps,

McAfee, ofthe 39th, O'Daniel, Perry,

284

}OURXAL OF THE SENATE

Carter,

Howell,

Rutherford,

Chastain,

Hudson,

Slaughter,

Cooper, Deadwiler, Felton,

of the 25th, vVilcox,

McAfee,

Wilson.

of the 32d,

Those voting in the negati\e arc-Messrs.

Brimberry,

Hudson,

:McDaniel,

Cain,

of the 28th, Newborn,

Crawford, DuBose,

Kibbee, Knight,

Payne, Peavy,

Freeman,

Lester,

Reese,

Gilmore,

Matthews,

Robinson,

Hester,

Mattox,

vVinn.

Yeas, 21. Nays, 20.

So the substitute was agreed to.

Pending the consideration of the bill, the Senate, on mOtion, adjourned till IO o'clock to-morrow morning.

SENATE CHAMBER, ATLAXTA, GA., } Saturday, February 12, 1876, IO o'clock a. m.,

The Senate met according to adjournment, and was opened with prayer by the Chaplain.

The roll was called, and the following Senators were present and answered to their names, to-wit-Messrs.

Arnow, Black, Brimberry, Cain, Cannon, Carter, Chastain, Cooper, Crawford,

Hester, Hopps, Howell, Hudson,
of the 25th, Hudson,
of the 28th, Kibbee, Knight,

McDaniel, Newborn, O'Daniel, Payne, Peavy, Perry, Reese, Robinson, Rutherford,

FEBRUARY 12, 1876.

285

Deadwiler, DuBose, Felton,

Lester, Matthews, Mattox,

Slaughter, Wilcox. vVilson,

Freeman, Gilmore, Graham,

McAfee, of the 32d,
McAfee,

Winn,
MR. PRESIDE"'T.

Harris,

of the 39th,

The Senate resumed consideration of the unfinished business of yesterday, which was a bill to provide for call-

ing a Convention of the people of this State for the pur-

pose of revising the Constitution of the State. Mr. Cooper moved to amend the substitute of Mr.

Slaughter, as follows : after the word ''Governor," add

''who shall sum up the vote for and against a proposition

for a Convention, and proclaim the result to the people of

Georgia, and at the same time, if a majority vote for a Con-

vention, indicate a day in said proclamation on which the

people shall assemble in their respective counties to vote

for delegates to said Convention, in number equal to the

number of the members of the House of Representatives

of their respective counties, which delegates when elected

shall assemble at the capitol of this State, and organize themselves into a Convention to adopt a new Constitution, '

which was withdrawn.

Mr. Peavy moved to amend the substitute as follows:

"by submitting to the voters at the same election, whether or not the capitol shall or shall not be removed from

Atlanta to Milledgeville;" upon agreeing to which the

yeas and nays were required to be recorded, to-wit:

Those who voted in the affirmative are-Messrs.

Cain, Crawford,

Knight, Lester,

Peavy, Perry,

DuBose,

Matthews,

Reese,

Gilmore,

Mattox,

\Vilcox,

Hudson,

McDaniel,

Winn.

of the 28th, Payne,

286

}OUR~AL OF THE SENATE

Those who voted in the negative are-Messrs.

Arnow, Black, Brimberry, Cannon, Carter, Chastain, Cooper, Deadwiler, Felton,

Graham, Harris, Hester, Hopps, Howell, Hudson,
of the 25th, McAfee,
of the 32d,

McAfee, of the 39th,
Newborn, O'Daniel, Robinson, Rutherford, Slaughter, \Vilson.

Yeas, I6. Nays, 23. So the amendment was lost.

l\Ir. DuBose moved to amend by striking out ''the first \Vednesday in January, I877," and insert in lieu thereof "first \Vednesday in April, I 876." Amend further, by adding a section providing for the calling of a Convention, to meet on the first \Vednesday in July, I 876, should the majority of the people vote for calling the Convention at the election on the first Wednesday in April.

Pending consideration of the amendments of :\Ir. DuBose, the following message was received from the House of Representatives, through l\Ir. Sweat, the Clerk thereof, to-wit:

Mr. President :

The House of Representatives has passed the following bills, to-wit:
A bill to be entitled an Act to alter and fix the pay of the County Treasurer of the county of DeKalb, and also to alter and fix the per diem that shall be allowed the Sheriff of the said county for board of prisoners in the county jail.
Also, a bill to be entitled an Act to amend the several Acts incorporating the town of Franklin, in the county of Heard, and all amendatory Acts; to change and define the incorporate limits of said town, and for other purposes.

FEBRUARY I 2, 1876.

287

Also, a bill to be entitled an Act to regulate the compensation of Tax Collector and Receiver of Tax Returns for the collection of the county tax for the co~nty of Talbot, and to fix the salary of County Treasurer for said county.
Also, a bill to be entitled an Act to amend an Act entitled an Act to amend the charter of the town of Athens, and the various Acts amendatory thereof, approved August 24, I 872.
Also, a bill to be entitled an Act for the relief of B. B. Hinton and Thomas B. Lumpkin, of the county of Marion, State of Georgia.
Also, a bill to be entitled an Act to authorize the consolidation of the Savannah, Skidaway & Seaboard Railroad Company, and of the Coast Line Railroad Company; the issue of bonds by such consolidated company; the removal and replacing of the tracks of said companies respectively, and for other purposes therein named.
Also, a bill to be entitled an Act to reorganize the government of the State University, and for other purposes.
Also, a bill to be entitled an Act to incorporate the Macon Gas Light and Water Company.
Also, a bill to be entitled an Act to amend an Act entitled an Act to incorporate the town of Carnesville, in Franklin county; to provide for Commissioners for the same; to define their powers and duties; to repeal all former laws incorporating said town, and for other purposes, approved August 24, 1872, so as to allow said Commissioners to subscribe stock to the Franklin County Institute.
Also, a bill to be entitled an Act to incorporate the town of \Vrightsville, in the county of Johnson; to appoint Commissioners for the same, and for other purposes therein mentioned, approved February 23, 1866.
Also, a bill to be entitled an Act to change the line between the counties of \Vorth and Jrwin, by adding to

288

jOURNAL OF THE SENATE

the county of worth lots of land Nos. 303 and 296, in the 6th Di-strict of now Irwin county.
Also, a bill to be entitled an Act to amend an Act entitled an Act to prohibit hunting on the lands of another in the counties of Quitman and Camden, and for other purposes, approved February 27, I874, by extending the provisions of the same to the county of \Vayne.
Also, a bill to be entitled an Act to alter and amend the charter of the town of Harlem, in the county of Columbia.
Also, a bill to be entitled an Act to extend the provisions of an Act entitled an Act to prescribe and enact a separate and distinct stock law for certain territory therein specified, the same territory being partly in Milton and partly in Forsyth counties, in this State, approved February 26, I874
Also, a bill to be entitled an Act to repeal an Act entitled an Act to repeal an Act to regulate the commissions to be allowed the County Treasurer of the county of Bartow, approved February 22, I873
Also, a bill to be entitled an Act to incorporate the Provident Savings and Loan Association of Savannah.
Also, a bill to be entitled an Act to regulate the compensation of the Tax Receiver and Tax Collector of Meriwether county.
Also, a bill to be entitled an Act to repeal an Act .authorizing Justices of the Peace, in their discretion, to award costs against the accused or prosecutor (I I th section of Act of I8 II).
Also, a bill to be entitled an Act to amend an Act entitled an Act to incorporate the town of Blakeley, in the county of Early, and State of Georgia, appoint Commissioners for the same, and for other purposes, approved October 24, I870.
Also, a bill to be entitled an Act to regulate the payment of insolvent costs claimed by the county officers of Effingham county.

FEBRUARY 12, 1876.

289

Also, a bill to be entitled an Act to change the line between the counties of Pierce and Charlton.
Also, a bill to be entitled an Act to provide for the admission of colored deaf mutes to the benefits of the Deaf and Dumb Asylum of this State, and to authorize the purchase of suitable property therefor, and to appropriate money therefor.
Also, a bill to be entitled an Act to amend and apply the provisions of an Act to prohibit the buying, selling or delivering of any farm products therein specified, between sunset and sunrise, in the counties of Lincoln, Brooks and other counties therein named, without permission of the owner or employer of the land on which the products are raised, and to prescribe the punishment therefor, and for other purposes, approved August 23, 1872, so .that said Act shall apply to the county of Muscogee.
Also, a bill to be entitled an Act to incorporate the Middle Georgia Co-operative Association of Patrons of Husbandry.
Also, a bill to be entitled an Act to suppress and prohibit the sale of spirituous and intoxicating liquors within one and a half miles of the court house in the town of Carnesville, Franklin county, Georgia, and for other purposes.
Also, a bill to be entitled an Act to prevent the sale or barter of either malt or spirituous liquors within one mile of Lulah Church, in Habersham county.
Also, a biil to be entitled an Act to authorize the Mayor .and Council of the city of Macon, to issue certain bonds, and for other purpose.
Also, a bill to be entitled an Act to amend the charter of the Commercial Bank of Augusta, and to authorize a reduction of its capital stock.
Also, a bill to be entitled an Act to amend an Act entitled an Act to authorize the Road Commissioners of the <:ounty of Bibb to use the labor of certain convicts therein
19

290

JouRXAL OF THE SEXATE

named, in working the public roads of said county, and for

other purposes, approved Februz>ry 26, 1874

Also, a bill to be entitled an Act to repeal an Act enti-

tled an Act to authorize the Ordinary of the county of

Telfair to issue county bonds, to aid in the completion of

the court house in said county.

The House has abo passed the following bill of the Sen-

ate, to-wit :

A bill to prescribe the mode of taxation upon shares or

stocks of banks or building associations, organized under

authority of this State or of the United States, and located

within this State.

The consideration of the matter before the Senate ,,as

resumed.

Mr. Harris moved the previous question, \\hich being

seconded, the main question was ordered to be put. Upon

agreeing to the amendment offered by :;..rr. DuBose, the

yeas and nays were required to be recorded, to-wit :

Those voting in the affirmative are-~Tessrs.

Brimberry,

Hudson,

l\Iattox,

Cain,

of the 28th, l\IcDaniel,

Crawford,

Kibbee,

Payne,

Deadwiler,

Knight,

Peavy,

DuBose,

Lester,

Reese,

Gilmore,

Matthews,

Winn.

Hester,

Those voting in the negative arc-Messrs.

Arnow,

Hopps,

Newborn,

Black,

Howell,

O'Daniel,

Cannon,

Hudson,

Perry,

Carter,

of the 25th, Robinson,

Chastain,

:;..rcAfee,

Rutherford.

Cooper,

of the 32d, Slaughter,

Felton,

McAfee,

Wilcox,

Graham,

of the 39th, \Vilson.

Harris,

Yeas, 18. Nays, 22.

FEBJ:WARY 14, 1876.

291

So the amendment was lost. The report as amended was ag-recu to. The bill was read the third time and passed.
The follo\\ing message was received from his Excellency the Governor, through ~Ir. \Varrcn, his Secretary, to-wit:
Jlfr. Prcsidmt :
I am directed by his Excellency the Governor, to deliver to the Senate a scaled communication, to \vhich he respectfully invites the consideration of your honorable body in Executive se~sion.
Leave of absence \ras granted to :\Iessrs. Freeman and Blancc for a few days.
The hour of adjournment haYing arrived, the Senate adjourned till 10 o'clock a. m., on l\Ionday next.

SEXATE CHAl\IBER, An..\Nn, G,\., } Jfo!ldil)', Fl'bruary I 4, I 876, I o o'clock a. m.

The Senate met according to adjournment, and was

opened with prayer by the Chaplain.

The roll W;J.s called, and the following Senators were present an~ answered to their n'lmes, to-wit-Messrs.

Arnow,

Hopps,

l\IcDaniel,

Black, Cain,

Howell, Huuson,

Newborn, O'Danicl,

Cannon, Carter,

of the 25th, P<1yne,

Hudson,

Peavy,

Chastain,

of the 28th, Perry,

Cooper, Crawford, Deadwiler,

Kibbee, Knight, Lester,

Reese, Robinson, Rutherford,

DuBose,

Matthews,

Slaughter,

Felton,

Mattox,

\Vilcox,

Gilmore,

McAfee,

wilson,

Graham, Harris,

of the 32d, \Vinn,

McAfee,

MR. PRESIDENT.

Hester,

of the 39th,

2D2

JouRNAL OF THE SENATE

Mr. Felton, chairman of the Committee on Agriculture, made a report, which was read.
Mr. Graham, from the Committee on Internal Improvements, made a report, which was read.
Mr. Hester, chairman of the Committee on Kew Counties and County Lines, made a report, which was read.
Leave of absence was granted to Messrs. Payne and Brimberry for a few days, on account of business.
The roll was called for the introduction of new matter, when the following bills were introduced and severally read the first time, to-wit:
By Mr. HesterA bill to prevent the sale of intoxicating liquors within two miles of Rehoboth Baptist Church, in the county of Elbert. By l\Ir. MatthewsA bill to incorporate the Gold l\Iountain l\Iining Company. By 1\Ir. WilsonA bill to fix the time within which motions for new trials may be made. l\Ir. Cooper offered a resolution that all bills of general application shall be printed before they arc put upon their passage, which was read. Mr. E. C. l\'IcAfee offered a resolution providing for an afternoon session, for the purpose of reading bills the first and second time, which was read. Mr. Simmons offered a resolution for the relief of the Planters Banking Company, which was read and referred to the Committee on Finance. Mr. Reese offered a resolution that, hereafter, the Senate meet at 10 o'clock a. m., and adjourn at r o'clock p. m. meet at 3 o'clock p. m., and adjourn at 5 o'clock p. m., which was taken up, read and agreed to. Mr. Cannon introduced a bill to repeal sections 1456 and 1457, so far as they apply to the counties of Rabun, Union and Towns, which was read the first time.

FEBRUARY 14, 1876.

293

The Senate took up a bill which had been ordered to lie on the table, to transfer the county of Calhoun from the Albany Circuit to the Pataula Circuit, and the county of Miller from the Pataula Circuit to the Albany Circuit.
Mr. Harris moved to amend, by striking out all relating to the county of Miller, which was agreed to.
The report as amended was agreed to. The bill was read the third time, and was then, on motion, referred to the Committee on the Judiciary.
On motion of Mr. McDaniel, the Senate took up a re considered bill to levy and collect a tax for the support of the Government for the year 1876.
The 1st section as amended was agreed to. Mr. Harris moved to amend the 2d section, by striking out the exemption from specific taxation on theatrical troupes, which was agreed to. The section as amended was agreed to. The 3d, 4th, sth, 6th, 7th, 8th, gth, lOth, I Ith, 12th, 13th, 14th, and 15th sections were read and agreed to. The report as amended was agreed to. The bill was read the third time and passed.
On motion, the rules were suspended, and the Senate took up a reconsidered bill to abolish the Georgia State Lottery, and for other purposes.
The Committee on the Judiciary moved to amend, by striking out the 2d section, which was agreed to.
Mr. Reese moved to amend, by providing that the Act shall not go into effect until November I, 1876, which was agreed to.
Mr. Reese moved further to amend, by adding a section allowing the Trustees to hold the property free from rent until the Legislature shall take measures to dispose of the property.
Amend, also, by adding a section giving to teachers a lien on the real estate for money due them for teaching, which amendments were agreed to.

294

] OURXAL OF THE SEXATE

The report as amended was agreed to. The bill was read the third time. Upon the question, "shall this bill now pass?" the yeas and nays were required to be recorded, to-wit:

Those voting in the affirmative are-~Icssrs.

Arnow, Black, Cain, Cannon, Carter, Cooper, Crawford, Deadwiler, DuBose, Felton,

Gilmore,

McAfee,ofthe 39th,

Graham,

McDaniel,

Hester,

Newborn,

Hopps,

O'Daniel,

Hudson,

Perry,

of the 2)th, Reese,

Hudson,

Robinson,

of the 28th, Slaughter,

Lester,

\Vilcox.

McAfee, ofthe 32d,

Those voting in the negative are-~Icssrs.

Harris, Matthews, Mattox,

Peavy, Rutherford,

\Vilson, \Vinn.

Y cas, 27. Nays, 7

So the bill was passed.

The Senate took up a reconsidered bill to regulate the admission of patients into the State Lunatic Asylum, which was, on motion, indefinitely postponed.

The Senate took up, as the report of the Committee of the \Vhole, a bill to prohibit the sale of spirituous liquors within four miles of the village of Villa Rica. The report was agreed to, and the bill was read the third time and passed.

The Senate took up, as the report of the Committee of the \Nhole, a bill to amend an Act to create a Board of Commissioners for the county of Lumpkin. The report was agreed to, and the bill was read the third time and passed.

The following message was received from the House of

FEBRUARY J4, 1876.

295

Representatives, through Mr. Sweat, the Clerk thereof, to-wit:
.Jfr. Prcsidmt:
The House of Representatives has passed the following bills, to-\\i t :
A bill to amend an Act to create a County Court in each county in the State of Georgia, approved January 19, 1872, so far as relates to the county of Bibb-said amended Act approved March 2, 1874.
Also, a bill to change the Northern terminus of the Marietta and North Georgia Railroad, and to authorize the building of a branch to the Tennessee line, ncar Ducktown, and for other purposes.
Also, a bill to incorporate the Northwestern Railroad Company, and for other purposes.
Also, a bill to pro~ide for the payment of insolvent costs .of the officers of the Superior Court of Jackson county.
Also, a bill to fix the compensation of the County Treasurer of l'deriwether county.
Also, a hill to limit the Ordinary of Decatur county in fixing the fees of the Jailor of said county.
Also, a bill to amend sections 3699 and 3700 of the Code of 1873.
Also, a bill to fix the compensation of Tax Collector and Tax Receiver and Treasurer of Monroe county, and to provide extra compensation of officers.
Also, a bill to repeal an Act for the payment of insolvent costs to the Solicitor General of the Macon Circuit. and for other purposes.
Also, a bill to authorize the Ordinary of Fulton county to issue bonds for the purpose of raising money to build a court house.
Also, a bill to prescribe the mode of granting license to sell intoxicating liquors in the county of Muscogee, and in the county of Stewart, and for other purposes.

296

JouRNAL OF THE SE~ATE

Also, a bill to incorporate the town of Crawford, in the county of Oglethorpe, and for other purposes.
The Senate took up, as the report of the Committee of the Whole, a bill to define the line between the counties of Irwin and \Vilcox. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the whole, a bill to change the line between the counties of Calhoun and Clay. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the whole, a bill to incorporate the Atlanta College of Dental Surgery.
The Committee on Internal Improvements moved to amend by adding the names of certain corporators to those named in the original bill, which was agreed to. The report as amended was agreed t9. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill to change the line between the counties of Calhoun and Clay. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill to amend section 267 of the Code. The report as amended was agreed to. The bill was read the third time and passed.
Mr. Freeman, chairman of the Committee on Enrollment, made the following report, to-wit:
Mr. President :
The Committee on Enrollment report as duly enrolled and ready for the signatures of the President and Secretary of the Senate, the following bills, to-wit:
A bill to legalize the election of municipal officers of Cedartown, held on the first Saturday in January, 1876.
Also, a bill to alter and amend an Act entitled an Ac.t

FEBRUARY J4, 1876.

297

to incorporate the Chestatee Fluming and Mining Company, and for other purposes, approved December 3, 1866.
Also, a bill to punish any person or persons who shall sell, give, lend, or furnish any minor or minors deadly weapons, and for other purposes.

Also, a bill to incorporate the Chestatee Quartz Mining and Sluice \Vashing Company.

The Senate took up, as the report of the Committee of the whole, a bill for the protection of sheep raising, and for other purposes, which was ordered to lie on the table.

The Senate took up, as the report of the Committee of the whole, a bill to amend section 3961 of the Code. The report was agreed to. The bill 11as read the third time, and upon the question, "shall this bill now pass?" the yeas and nays were required to be recorded, to-wit:

Those voting in the affirmative are-Messrs.

Arnow, Cain, Carter, Cooper, Deadwiler, DuBose, Felton, Gilmore, Harris, Hester,

Hopps, Hudson,
of the 28th, Lester, Matthews, Mattox, McAfee,
of the 32d, McAfee,
of the 39th,

Newborn, O'Daniel, Peavy, Perry, Reese. Rutherford, Wilcox, Wilson, \Vinn.

Those voting in the negative are-Messrs.

Cannon,

Howell,

Robinson,

Crawford,

Hudson,

Slaughter,

Freeman,

of the 25th,

Graham,

Yeas, 26. Nays, 8.

So the bill was passed.

Mr. Freeman, chairman of the Committee on Enroll-

ment, made the following report, to-wit :

298

JouR~AL OF THE SE~ATE

Mr. Prcsidmt :
The Committee on Enrollment report as duly signed by the President and Secretary of the Senate, Speaker and Clerk of the House of Representatives, and ready for transmission to his Excellency the Governor, the following bills, to-wit :
A bill to define and punish criminal negligence. Also, a bill to provide for the adjustment of the rights of parties in cases where property which has been set apart under the homestead and exemption laws of this State, has heretofore been sold. Also, a bill to alter and amend section 383 of the Code of 1873, in relation to fixing penalties for misconduct of Solicitor Generals. Also, a bill to define the time within which proceedings to set aside judgments and decrees of courts must be instituted. Also, a bill to change the line between the counties of Appling and \Vayne, and for other purposes. Also, a bill to authorize the Comptroller General to collect, by execution, debts due the State by lessees of Penitentiary convicts. The Senate took up, as the report of the Committee of the whole, a bill to create a Board of Commissioners for the county of \Vashington. The report was agreed to. The bill was read the third time and passed. The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to change the line between the counties of Newton and Jasper.
The Committee on New Counties and County Lines recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill to change the line between the counties of Chattahoochee and Stewart.

FEBRUARY 14, 1876.

29!)

The Committee on New Counties and County Lines recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives for the protection of the farmers of Charlton county. The Committee on Agriculture recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to prevent fishing in the waters of \Vorth county, with traps or nets. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives, to authorize the County Board of Education of Upson county to convey to the Trustees of the Thomaston High School the Academy lot in Thomaston, and for other purposes.
The Committee on Education recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to au-
thorize and require Sheriffs to levy tax .ft. fas., irrespective
of the amount of the same.
The Committee on the Judiciary recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to amend section 4083 of the Code.
The Committee on the Judiciary recommended adversely to its passage. The report was agreed to, and the bill was lost.
The Senate took up, as the report of the Committee of

300

JouRNAL oF THE SENATE

the Whole, a bill of the House of Representatives to repeal an Act consolidating the offices of Sheriff and Tax Collector, Clerk of the Superior Court, and Tax Receiver of the county of Baker.
The Committee on the Judiciary recommended its pa~s age. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to require Ordinaries, Tax Collectors, County Treasurers, School Commissioners, Clerks of the Superior Courts and Sheriffs, to make certain returns to the grand juries.
The Committee on the Judiciary moved to amend, by striking from the bill, wherever they occur, the words "Tax Collectors and School Commissioners," which was agreed to. The report as amended was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives for the relief of the sureties of Allen \Villiams, of the county of Morgan.
The Committee on the Judiciary recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to create a Board of Commissioners for the county of Wayne.
The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to pro hibit the sale of farm products between the hours of sunset and sunrise, in the county of Butts.
The Committee on the Judiciary moved to amend, by adding the counties of Putnam and Washington, which was agreed to.

FEBRUARY 14, 1876.

301

Mr. Graham moved to amend, by adding the county of Terrell, which was agreed to.
Mr. Cain moved to amend, by adding the county of Jcf-
ferson, which was agreed to. Mr. DuBose moved to amend, by adding the county of
\Varren, which was agreed to. Mr. Crawford moved to amend, by adding the county of
Polk, which was agreed to. The report as amended was agreed to. The bill was
read the third time and passed. The Senate took up, as the report of the Committee of
the Whole, a bill of the House of Representatives to confer power upon the Tax Collector of the county of Sumter to levy tax executions.
The Committee on Finance recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the whole, a bill of the House of Representatives to create a Board of Commissioners for the county of Talbot. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to amend the charter of Cave Springs, in the county of Floyd. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to prohibit the sale of farm products between the hours of sunset and sunrise, in the county of Morgan. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to regulate the sale of intoxicating liquors in th.e counties of

302

JocRNAL OF THE SE~ATE

Brooks and Tattnall. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to repeal an Act to provide tor letting out of county contracts to the lo,,est bidder, so far as it applies to the counties of Clarke and Oconee.
::\Ir. \V. I. Hudson moved to amend by adding the county of Harris, which was agreed to. The report as amended was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee ot the \\'hole, a bill of the House of Representatives to change the line between the counties of Laurens and Johnson. The report \Yas agreed to. The bill \\as read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to change the line between the counties of Taliaferro and Greene. The report was agreed to. The bill \\as read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to regulate the sale of ardent spirits ,,ithin a certain portion of the county of Fulton.
Mr. Howell moved to amend by extending the provisions of the bill to the village of Adamsville, which was agreed to. The report as amended was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to change the corporate limits of the city of Newnan. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to

FEBRL'ARY 14, 1876.

303

amend an Act to create a Board of Commissioners for the county of Coweta. The report was agreed to. The bill was read the third time and pas9Cd.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to regulate the pay of jurors in the county of Bartow. The report was agreed to. The bill \\"aS read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to create a Supervisor of Roads for the county of Columbia.
The Committee on the Judiciary recommended its passage. The report was agreed to, and the bill \\as read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole,a bill of the House of Representatives to declare Yellow river a lawful fe11ce in Newton and Rockdale counties.
The Committee on Agriculture recommended its passage. The report was a;;-reed to, and the bill \Yas read the third time and passed.
The Senate took up, as the report nf the Committee of the \\'hole, a bill of the House of Representatives to change the line between the counties of Appling and Wayne.
The Committee on New Counties and County Lines moved to amend by striking out the f.gures '' 378," and inserting "373," which w~ts agreed to. The report as amended was agreed to, anJ be b:ll was read t1e third time and passed.
The Senate took up, as t!1e report of the Committee of the \Vhole, a bill of the House of Repr.cscntafves to regulate the pay of jurors in the county of EH:n iHrn. The report was agreed to, anJ the bili w;;s read ti:c thi1 d time and passed.
The Senate took up, as the report of tl:e Cor-r1:!ittce of

304

JoURNAL OF THE SENATE

the \Vhole, a bill of the House of Representatives to regulate the pay of jurors in the county of whitfield.

Mr. Harris moved to a'mend by adding the county of \Valker, which was agreed to. The report as amended was agreed to, and the bill was read the third time and

passed. The Senate took up, as the report of the Committee of
the Whole, a bill of the House of Representatives to consolidate the offices of Tax Receiver and Tax Collector of the county of Fannin. The report was agreed to, and the bill was read the third time and passed.

The Senate took up, as the report of the Committee of

the \Vhole, a bill of the House of Representatives to regu-

late the sale of intoxicating liquors in the county of

Emanuel. The report was agreed to, and the bill was read

the third time and passed.

The Senate took up, as the report of the Committee of

the \Vhole, a bill of the House of Representatives to

amend the charter of the town of Swainsboro, in the

/

county of Emanuel. The report was agreed to, and the

bill was read the third time and passed.

The Senate took up, as the report of the Committee of

the \Vhole, a bill of the House of Representatives to

amend the charter of the city of Milledgeville. The report

was agreed to, and the bill was read the third time and

passed.

The Senate took up, as the report of the Committee of

the \Vhole, a bill of the House of Representatives to

amend an Act to create a Board of Commissioners for the

counties of Clayton and Campbell, so far as it applies to

the county of Campbell.

The Committee on the Judiciary recommended its passage. The report was agreed to, and the bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to con-

FEBRUARY f4, 1876.

305

solidate the offices of County Treasurer and Clerk of the Superior Court of the county of \Vebster. The report was agreed to. The bill was read the third time and .passed.
The hour of adjournment having arriYed, the Senate adjourned till 3 o'clock p. m.

AFTERNOO~ SESSION.
3 o'CLOCK.
The Senate re-assembled and took up the following bill~, which were read the second time and referred to the Committee on the Judiciary, to-wit :
A bill to authorize persons purchasing railroads to organize themselves into a corporation for the purpose of Qperating said roads.
Also, a bill to amend an Act to create a County Court for each county in this State, except certain counties therein named, so far as it applies to the county of Twiggs.
Also, a bill to amend section 4166 of the Code. Also, a bill to provide for the registration of judgments of Justices' Courts.
Also, a bill to reduce the Sheriff's bond of the county of Calhoun.
Also, a bill for the relief Joseph Ernest V cal, of the county .of Floyd.
Also, a bill to amend an Act to protect the planters of oyster beds, and for other purposes, approved February r8, 1856.
The Senate took up the follo\\ing bills, which were read the second time and referred to the Committee on Internal Improvements, to-wit :
A bill to incorporate the Bibb Manufacturing Company. Also, a bill to incorporate the Atlantic and Mexican Gulf Canal Company.
20

306

JouR~AL OF THE SENATE

Also, a bill to incorporate the Atlanta Glass Plate Company.
The Senate took up a bill to change the age of admission of children to the Georgia Institute for the Deaf and Dumb, which was read the second time and referred 'to the Committee on the Institution for the Deaf and Dumb.
The Senate took up the following bills, which were read the second time and referred to the Committee of the \Vhole, to-wit :
A bill to prohibit the sale of intoxicating liquors within two miles of Rehoboth Baptist Church, in the county of Elbert.
Also, a bill to authorize the County Treasurer of \Vashington county, to pay Hayward Brookins, Ordinary, for extra services, and for other purposes.
The Senate took up the follo\\ing bills of the House of Representatives, which were severally read the first time, to-wit :
A bill to make appropriations for the support of the Government for the year 1876.
Also, a bill to re-organize the Government of the State U nivcrsity.
Also, a bill to authorize the Mayor and Council of the city of Macon to issue certain bonds, and for other purposes.
Also, a bill to authorize the consolidation of the Savannah, Skida\\ay & Seaboard Railroad Company, with the Coast Line Railroad Company, and for other purposes.
Also, a bill to amend the charter of the town of Athens. Also, a bill to amend an Act to authorize the Road Commissioners of the county of Bibb to use convict labor on the public roads of said county. Also, a bill to compensate E. C. Murphy and the representative of M. W. Rasbury, for:services rendered thl:' State. Also, a bill to require the payment of fines anrl forfeit-

FEBRUARY 14, 1876.

307

ures into the county treasury, and regulate the disbursement of the same.
Also, a bill to amend section 610 of the Code. Also, a bill to regulate the fees of the President of the Board of Commissioners and Marshal of the town of Laurenceville. Also, a bill to regulate the sale of spirituous liquors within one mile of the depot in the town of Lithonia. Also, a bilL to amend an Act to create a Board of Commissioners for the county of Calhoun. Also, a bill to empower the Building Committee of the Austell Collq~iate Institute to levy a tax for educational purposes. Also, a bill to amend an Act to regulate the sale of spirituous liquors in the counties of Floyd, Dade and others, approved February 26, 1875 Also, a bill to confer upon the chief executive officer of the town of Darien the power to pass an alternate sentence of fine or imprisonment. Also, a bill to incorporate the Provident Savings and Loan Association of Savannah. Also, a bill to incorporate the Macon Gas Light and \Vater Company. Also, a bill to amend the charter of the town of Harlem, in the county of Columbia. Also, a bill to prohibit the sale of intoxicating liquors within one and a half miles of the town of Carnesville.
Also, a bill to regulate the compensation of Tax Receiver and Tax Collector of the county of Meriwether.
Also, a bill to amend the charter of the town of Franklin, in the county of Heard.
Also, a bill to regulate the compensation of Tax Receiver and Tax Collector ot the county of Talbot.
Also, a bill to repeal an Act to authorize Justices of the Peace to award costs against the accused or prosecutor.
Also, a bill to fix the pay of Treasurer of the county of DeKalb.

308

JOL'RNAL OF THE SENATE

Also, a bill to prevent the sale of ardent spirits within one mile of Lulah Church, in the county of Habersham.
Also, a bill to amend the charter of the town of vVrightsville, in the county of Johnson.
Also, a bill to incorporate the Middle Georgia Co-operativ(Association of Patrons of Husbandry.
Also, a bill for the relief of B. B. Hinton and Thos. B. Lumpkin, of the county of Marion.
Also, a bill to amend the charter of the town of Blakeley, in the county of Early.
Also, a bill for the relief of William C. Peek, of the county of Fulton.
Also, a bill to regulate the distribution of costs in crimical cases between the Solicitor and county officers of the county of Chatham, and for other purposes.
Also, a bill to change the line betvveen the counties of Pierce and Charlton.
Also, a bill to legalize certain acts of the County Commissioners of the county of Mcintosh.
Also, a bill to amend section 1646 of the Code. Also, a bill to regulate the compensation of the County Treasurer of the county of Campbell. Also, a bill to fix the pay of jurors of the county of Calhoun. Also, a bill to regulate the compensation of the County Treasurer of the county of Bartow. Also, a bill to amend the charter of the town of Carnesville, in the county of Franklin. Also, a bill to change the line between the counties of \Vorth and Irwin. Also, a bill to amend the charter of the Commercial Bank of Augusta. Also, a bill to regulate the payment of insolvent criminal costs to the county officers of the county of Effingham. Also, a bill to amend an Act to prohibit the sale of

FEBRUARY 14, 1876.

309

farm products between sunset and sunrise, in the counties of Lincoln, Brooks, and other counties therein named.
Also, a bill t.o prohibit hunting on the lands of another in the county of \Vayne.
Also, a bill to enact a .stock law for portions of the counties of Milton and Forsyth.
Also, a bill to repeal an Act to authorize the Ordinary of the county of Telfair to issue county bonds, and for other purposes.
Also, a bill to provide for the admission of colored deaf mutes to the Academy for the Deaf and Dumb, and to authorize the purchase of a suitable house, and to appropriate money for the same.
Also, a bill to amend sections 3699 and 3700 of the Code.
Also, a bill to incorporate the town of Crawford, in the county of Oglethorpe.
Also, a bill to fix the pay of certain county officers for the county of Monroe.
Also, a bill to regulate the sale of intoxicating liquors in the counties of Muscogee and Stewart.
Also, a bill to amend an Act to create a County Court for the county of Bibb.
Also, a bill to authorize the Ordinary of Fulton county to issue bonds to build a court house for said county.
Also, a bill to amend an Act to create a City Court for the city of Atlanta.
Also, a bill to repeal an Act to provide for the payment of insolvent criminal costs in the Macon Circuit.
Also, a bill to fix the compensation of the County Treasurer of the county of Meriwether.
Also, a bill to provide for the payment of insolvent criminal costs for the county of Jackson.
Also, a bill to incorporate the Northwestern Railway Company.
Also, a bill to limit the Ordinary of the county of Decatur in fixing the fees of Jailor of said county.

310

JouRNAL OF THE SENATE

Also, a bill to change the terminus of the Marietta & North Georgia Hailroad, and for other purposes.
Also, a bill to fix the compensation of County Treasurer of the county of Campbell.
Also, a bill to change the line between the counties of \Vorth and Irwin.
Also, a bill to repeal an Act to authorize the Ordinary of the county of Telfair to issue bonds, and for other purposes.
The Senate, on motion, adjourned till IO o'clock tomorrow morning.

SE~ATE CHAMBER, ATLA::\TA, GA., } Tuesday, February 15, 1876, IO o'clock a. m.

The Senate met according to adjournment, and was

opened with prayer by the Chaplain.

The roll was called, and the following Senators were

present and answered to their names, to-wit-Messrs.

Arnow, Black, Cain, Cannon, Carter, Chastain, Cooper, Crawford, Deadwiler, DuBose, Felton, Freeman, Gilmore, Graham,

Hopps, Howell, Hudson,
of the 25th, Hudson,
of the 28th, Kibbee, Knight, Lester, l\Iatthcws, Mattox, McAfee,
of the 32d, McAfee,

1\IcDaniel, 1\IcDonald, Newborn, O'Daniel, Peavy, Perry, Reese, Robinson, Rutherford, Slaughter, Wilcox, Wilson, \Vinn, MR. PRESIDENT.

Harris,

of the 39th,

Hester,

FEBRUARY I 5, 1876.

311

Mr. \Vilson moved to reconsider so much of the Journal of yesterday as relates to the passage of a bill of the House of Representatives to fix the compensation of jurors for the counties of \Vhitfield and \Valker, which was agreed to.
On mot:on, the rules were suspended, and the bill just reconsidered was taken up and was indefinitely postponed.
On motion, the rules were suspended, and the Senate took up a resolution that all bills of a general interest shall be printed before the third reading, "hich was read and lost.
The following message \\as received from the House of Representatives, through l\Ir. Sweat, the Clerk thereof, towit: Jlfr. Prcsidmt:
The House of Representatives has passed the following bills, to-\Yit:
A bill to be entitled an Act to amend an Act entitled an Act to create a County Court in each county of the State of Georgia, except certain counties therein mentioned, approved January 19, 1872, and an Act amendatory thereof, in so far as relates to the counties of Troup and Baldwin, approved March 5, 1875, in so far as relates to the county of Troup, and to more clearly define the criminal jurisdiction and practice in the County Court of Troup county.
Also, a bill to be entitled an Act to abolish the office of County Treasurer, so far it relates to the county of Bibb, and for other purposes.
Also, a bill to be entitled an Act to amend an Act entitled an Act to authorize the Judge of the County Court of Richmond county to pay the school debt due the .officers and teachers of Richmond county for the years 1871, and 1872, and to borrow money to replace the same in the treasury.

312

JouR!'<AL OF THE SENATE

Also, a bill to be entitled an Act to reduce the bond of the Sheriff of tl:c county of Chattahoochee, and for other purposes.
Also, a bill to tc c.t:t"c::! an Act to authorize the Gov-
ernor to draw h:s W-lL"<tnl upon the Treasurer for an mount sufficient to pay the claim of Messrs. Ragland & \Vynn, proprietors of the Columbus Enquirer, for advertising during the years 1871 and 1872.
Also, a bill to be entitled an Act to repeal an Act approved March 2, 1874, to prevent the sale of intoxicating liquors within two miles of Beula Church, in the county of Hancock.
Also, a bill to be entitled an Act to fix the salaries of the County Treasurers of Sumter and Randolph counties.
Also, a bill to be entitled an Act to amend an Act entitled an Act to consolidate the offices of Clerk of the Superior Court and Treasurer of the county of Jackson, approved February 26, 1875.
Also, a bill to be entitled an Act to regulate the per diem pay of grand and petit jurors in the county of White.
Also, a bill to be entitled an Act to prescribe the duties of Tax Collectors in the several counties in this State, and for other purposes.
Also, a bill to be entitled an Act to exempt the members of the Quitman Guards, of Monroe county, from jury, road and street duty.
Mr. J. \V. Hudson, chairman of the Committee on the Lunatic Asylum, made the following report, and fifty copies of the report were ordered to be printed for the use of the Senate.

Mr. Prcsidmt:

REPORT.

The Committee on the State Lunatic Asylum beg leave to submit the follO\ving report, to-wit:

After a visit to that institution, and a careful inspection of its different departments, we would respectfully submit

313
that we find the institution in a prosperous and excellent condition-ju5t such as reflects much credit on the Trustees and the entire corps of officers connected ,..,,ith and entrusted with its management. The medical department connected with its government we find, after a careful examination, tObe as perfect and as well conducted as it can be with the means at the command of those in charge. \V e find the department deficient in medical books and instruments, and, in view of the fact that we believe it would be greatly to the benefit of the unfortunate inmates in allowing the medical officers to more perfectly and successfully apply means of relief, we would respectfully recommend the appropriation of two hundred and fifty dollars to supply said deficiency.
The laundry department of the institution, after a close and scrutinous examination, we found to be neatly kept, and, so far as we were able to judge, properly managed. The modern appliances of art, for the purpose of affording facility and dispatch to the work belonging to this department, we found in full play, and everything else well adapted to the purposes designed.
The engineer's department of the institution we found in a most excellent condition; the engines, pumps and machinery in good order ; also, the rooms are kept in a neat and tidy condition, and the tools of this department are in fine condition. \Ve also commend the gentlemanly engineer who has charge of that section of the institution (Mr. \Vilcox) for the manner in which everything is worked pertaining to his department.
After a very thorough inspection of the halls of the institution, and the patients, we beg leave to report that we found the hall and room floors beautifully clean, showing the utmost care at;d attention on the part of those in immediate charge of them. A few of the floors are old, with large open cracks, but we learn that the Trustees intend unflooring of them and substituting good flooring. The

314

JoURNAL OF THE SENATE

patients are well clothed, and show every evidence of being

well and cleanly cared for. There are several water closets,

especially in the old buildings, which give out a sort of

offensive, injurious odor ; but this, we believe, cannot be

remedied except by increasing the supply of water, and

therefore we heartily endorse the suggestions in the Trus-

tees' report to his Excellency the Governor to increase the

water facilities of the institution. This, we feel, cannot be

too earnestly advocated. \Ve would further respectfully

recommend the erection of a separate and cheap depart-

ment for the care and training of idiots.

\Ve found, upon examination into the treasurer's and

steward's departments of the institution, their books neatly

and correctly kept, and the vouchers properly numbered

and filed away. The steward, we found, has been very

careful in purchasing supplies, and, by his good judg-

ment and economy, we find him fully competent for the

position he occupies.

The Trustees, by their judicious management, assisted by

the officers of the asylum, have greatly reduced the ex-

penses of the institution, leaving $20,000 of the last year's

appropriation still in the hands of the State Treasurer,

which amount we recommend be appropriated to complete

a good system of water works. \\'e find cash on hand,

December I, $236.73.

Amount received for pay patients . . .

. $8,481 8r

Amount of sale of Florida old warrants .

1,695 00

Amount of miscellaneous resources . . .

717 05

\Ve find the average number of pay patients to be about

twenty; the aYerage amount paid by each pay patient, per

annum, $350.

vVe cannot speak in too high terms of the able and effi-

cient manner in which the officers in charge of this depart-

ment have discharged their duties; and feel it our duty to

make special mention of Mr. Flemming G. Grieve, secre-

tary, for the very able, neat and correct manner in which

he has discharged his duties.

FEBRUARY I 5, 1876.

315

We found, on examination of the buildings and the grounds connected with them, that they were in good condition, with the little exceptions mentioned as aforesaid. The plastering on the old buildings, we noticed in many places, was falling off; but the trustees, we think, are doing a sensible and economical work in using the old plastering to paint the buildings with in lieu of the plastering.
The public grounds \\e found in an excellent, neat, sanitary condition, with nothing connected with the sewerage department of the institution to beget disease or endanger life. \Ve cheerfully commend the improvements that have been made in the front yards of the asylum buildings, by planting them out and cultivating them in flowers and shrubbery, as we think it will be a source of much amusement and diversion to the inmates.
\Ve think there are several rooms on the lower floors of the new and old buildings, on the male side, that might, with but little cost, be utilized, that are now unfinished and vacant; and, in view of our appreciation of the heavy burden of taxation that is upon our people, would respectfully recommend that if, in the opinion of the trustees and other officers of the institution, these rooms could be finished up and used in safety, and without endangering the life and health of an inmate, that such be done.
After a full and careful examination of the culinary department of the institution, we beg leave to report that, after such examination, we are gratified to know that no effort on the part of the mdnagers of this branch of the institution has been spared to make it, in all respects, suited to the wants of the inmates. Connected with the asylum we notice a garden, under the immediate management of a skillful gardener, planted exclusively in vegetables for the use of the inmates. This garden contains nineteen acres, and is highly enriched by compost made from the barn-yard of the asylum. This garden is situated on a creek one-half mile south of the asylum, where the land is naturally very

316

JouRNAL OF THE SE~ATE

prodtctive and well adapted to the production of garden products. It is invaluable to the institution, even upon a score cf economy, without taking into consideration the indispe~:<lLi:ity a vegetable diet is to such a class of patients as ma:~c.: t:p the inmates of the asylum. Besides this interest manifested in the garden department, we notice, also, that the officials ha,e under their supervision a farm, cultivated by the employees of the asylum, and, in some instances, assisted by the patients, voluntarily, of the asylum. On this farm they have been very successful in raising products in very great variety, which has been a very great saving to the State, in assisting in support of the institution. They have made upon the farm sweet potatoes enough to supply the wants of that institution, which is of itself no small interest.
\\'e find another very valuable acquisition added to this institution, and that is the dairy department By this acquisition, they are enabled to supply milk almost sufficient for this institution, which, we are informed by the officials of the asylum, requires no little for its support, and for the supply of which the State at one time bore a heavy burden.
It is with pleasure that we notice the success of the poultry department belonging to the institution. Besides the poultry raised and cat, they are enabled to furnish eggs sufficient fc; the inmates.
\Ve notice with pleasure the hog-raising by the institution. With very little feed or cost, the officials have been able to raise nine thousand pounds of pork-raised almost entirely off of the \Vaste' and refuse about the asylum. The stock of hogs now reported to be on hand is one hundred and thirty head.
Your committee, believing that such a course in officials of that institution works a very great saving to the .State and convenience of the asylum, therefore most cheerfully indorses the action of the officers in this management, and feel that we are not authorized to make any suggestion for

FEBRUARY 15, 1876.

317

their guidance-they having exhibited a most thorough

understanding of what is needful and necessary for the

numerous wants of this unfortunate class.

We beg leave, in conclusion, to recommend the appro-

priation of

dollars, to be used for the erection of

substantial buildings for the accommodation of one hundred

additional patients demanding admission into the institu-

tion. \Ve further recommend that the law be so amended

as to vest in the Superintendent of the Institution a wise

discretion as to the reception or rejection of applicants for

admission into the institution-in respect, especially, to the

utility of such admissions ; and that all citizens of Georgia,

adjudged to be lunatic, epileptic or idiotic, shall be re-

ceived, according to the above discretion of the General

Superintendent, on equal terms, whether pauper or not,

and, where extra attention or luxuries are asked, to be paid

for by contract between the officials of the institution and

the said patient's representative, under regulations pre-

scribed by the Trustees of the institution.

Ali of which is respectfully submitted.

JOHN W. HUDSON,

Chairman Senate Committee.

Mr. J. \V. Hudson presented a petition from citizens of the county of Putnam, asking the continuance of the County Court of said county.
Mr. Hester, chairman of the Committee on New Counties and County Lines, made a report, which was read.
Mr. Lester, chairman of the Committee on the Judiciary, made a report, which was read.
Mr. Cain, chairman of the Committee on Edu::at!on, made a report, which was read.
Mr. Crawford, from the Committee on the Institution for the Deaf and Dumb, made a report, \vhich \vas read.
Mr. Gilmore offered a resolution instructing the Secretary to transmit all matter passed upon by the Senate, im-

318

JouR~AL OF THE SE~ATE

mediately, unless notice is given of a motion to reconsider, which was taken up, read, and agreed to.
The Senate took up, as the report of the Committee of the \Vhole, a bill to amend section 3888 of the Code.
The Committee on the Judiciary recommended a substitute in lieu of the original bill, which was agreed to. The report as amended was agreed to, and the bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill to incorporate the Atlanta City Brewing Company.
The Committee on Internal Improvements moved to amend the 4th section by striking out the words ''unpaid subscription," and inserting in lieu thereof the word "stock," which was agreed to. The report as amended was agreed to, and the bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill to change the age of admission of pupils to the Academy for the Deaf and Dumb, and for other purposes.
The Committee on the Institution for the Deaf and Dumb recommended its passage. The report was agreed to, and the bill was read the third time and passed.
Mr. Freeman, chairman of the Committee on Enrollment, made the following report, to-wit:
Jlfr. Presidmt :
The Committee on Enrollment report as duly signed by the President and Secretary of the Senate, Speaker and Clerk of the House of Representatives, and ready for transmission to his Excellency the Governor, the fol1owing bills, to-wit:
A bill to incorporate the Chestatee C:uartz Mining and Sluice Washing Company.
Also, a bill to legalize the election of municipal officers of the town of Cedartown.

FEBRUARY 15, 1876.

31!.}

Also, a bill to punish any person or persons who shall sell, give, lend or furnish any minor or minors deadly weapons.
Also, a bill to authorize the Comptroller General to collect, by execution, debts due the State by lessees of Penitentiary convicts.
Also, a bill to alter and amend an Act entitled an Act to incorporate the Chestatee Fluming and Mining Company, and for other purposes.
The following message was received from his Excellency the Governor, through Mr. \Varren, his Secretary, to-wit: l'rft. Prcsidcut:
His Excellency the Governor has approved the following Acts, to-wit:
An Act to alter and amend section 383 of the Code of I 873, in relation to fixing penalties for misconduct of Solicitors General.
Also, an Act to change the lines between the counties of Appling and \Vayne, and for other purposes.
The Senate took up, as the report of the Committee of the Whole, a bill to organize a Criminal Court for the county of Polk.
The Committee on the Judiciary recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill to amend an Act to regulate the sale of
intoxicating liquors in certain counties therein named. The Committee on the Judiciary recommended its pass-
age. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \\'hole, a bill to amend the charter of the town of Van Wert.
The Committee on the Judiciary recommended its passage. The repor~ w.Js ai:.reeJ to, and the bill was read the third time and passe-1.

320

JOL'RNAL OF THE SE::-!ATE

The Senate took up, as the report of the Committee of the Whole, a bill to amend an Act to organize a Criminal Court in the county of Marion and others, so far as it applies to the county of Clay.
The Committee on the J ucliciary recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the vVhole, a bill to reduce th.e official bond of the Sheriff of the county of Calhoun.
The Committee on the Judiciary recommended adversely to its passage. The report was not agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the vVhole, a bill to authorize and require Sheriffs to levy executions out of the county where the Sheriffs reside, in certain cases.
The Committee on the Judiciary recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill to authorize the County Treasurer of the county of \Vashington to pay the widow of Haywood Brookins for services rendered said county by her late husband.
The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill to require the registration of judgments of Justices' Courts.
The Committee on the Judiciary recommended adversely to its passage. The report was agreed to, and the bill was lost.
The Senate took up, as the report of the Committee of the \Vhole, a bill for the protection of persons planting -oyster beds, and for other purposes.

FEBRUARY 15, 1876.

321

The Committee on the Judiciary recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the whole, a bill of the House of Representatives to amend an Act to create a County Court for the county of Marion.
The Committee on the Judiciary recommended adversely to its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of .the \Vhole, a bill of the House of Representatives to require persons keeping dogs to take out a license to keep such dogs, and for other purposes.
The Committee on Agriculture recommended its passage.
Mr. \Vilson moved to amend by excepting from the ~provisions of the Act the counties of Murray, \Vhitfield and Gordon, which was lost.
Mr. \V. H. McAfee moved to except the counties of Lumpkin, Dawson and White, which:was)ost.
Mr. Cannon moved to except the counties of Un:on, Towns and \Vhite, which was lost.
Mr. Newborn moved to except the portion of Clinch county east of the Sunanoochee river and Moore's mill pond, which was lost.
Mr. Chastain moved to except the counties of Gilmore, Pickens and Fannin, which was lost.
Mr. E. C. McAfee moved to except the counties of Forsyth, Milton and Cherokee, which was lost.
Mr. Freeman moved to except the counties of Habersham, Franklin and Fayette, which was lost.
Mr. Graham moved to amend by striking out of the 4th .section the words "or chase," which was lost.
Mr. Gilmore moved to amend by allowing to each head
21

322

JouRNAL OF THE SENATE

of a family one dog, which shall be exempt from taxation~ which was lost.
Mr. McDonald offered a substitute for the original bill, which was lost.
Mr. Black offered a substitute for the bill, which was lost.
Mr. \Vinn offered a substitute for the bill, which was lost.
The report of the committee was agreed to. The bill \Vas read the third time. Upon the question "shall this bill now pass?" the yeas and iays were required to be recorded, to-wit:

Those who voted in the affirmative are-Messrs.

Arnow, Cain, Carter, Crawford, Graham, Howell,

Hudson, of the 25th, Mattox,

Hudson,

l\IcDonald,

of the 28th, Perry,

Knight,

Rutherford,

Lester,

\Vilcox.

Those who voted in the negative are-:Mcssrs.

Black, Cannon, Chastain, Cooper, Deadwiler, Felton, Freeman, Gilmore,

Hester, Hopps, Matthews, McAfee,
of the 32d, McAfee,
of the 39th, McDaniel,

Kewborn, O'Danicl, Reese, Robinson, Slaughter. \Vilson, \Vinn.

Yeas, 15. Nays, 21.

S::> the bill was lost.

The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representati,es to regu~ate marriages in this State.
The Committee on the Judiciary recommended acversely to its passage.

FEBRUARY 15, 1876.

323

On motion, the bill was re-committed to the Committee on the Judiciary.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to amend section 279 of the Code, and for other purposes.
The Committee on the Judiciary recommended its passage. The report was agreed to. The bill was read the third time and passed.
The following message was received from his Excellency the Governor, through Mr. \Varren, his Secretary, to-wit:
Jl[r. President: His Excellency the Gov~norhasapproved the following
Acts, to-wit: An Act to define and punish criminal negligence. Also, an Act to define the time within which proceedings
to set aside judgments and decrees of courts must be instituted.
Also, an Act to provide for the adjustment of the rights of parties in cases where property, which has been set apart under the homestead and exemption laws of this State, has heretofore been soid.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to create a Board of Commissioners for the county of Tattnall. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to prchibit hunting on the lands of another, except in the counties therein named.
The Committee on the Judiciary recommended its pas~age.
Mr. McDaniel moved to amend by adding to the proviso the counties of Newton and Rockdale, which was agreed to.
Mr. Hopps moved to strike out of the proviso the county of Wayne.

:224

JOURNAL OF THE SENATE

On motion, the bill was indefinitely postponed. The Senate took up, as the report of the Committee of the 'Whole, a bill of the House of Representatives to amend an Act to create a County Court for each county in this State, except certain counties therein named, so far .as it applies to the county of Thomas. The Committee on the Judiciary recommended its pass-age. The report was agreed to.. The bill was read the third time and passed. The Senate took up, as the report of the Committee of .the whole, a bill of the 1-Jt>use of Representatives to repeal an Act to regulate the sale of intoxicating liquors in certain counties therein named, so far as it applies to .the city of Cartersville. The report was agreed to. The .bill was read the third time and passed. On motion of Mr. Crawford, the Senate went into Executive session. The Senate having returned to open session, on motion, ..adjourned till 3 o'clock p. m.

AFTERNOO~ SESSIO~.
3 o'CLOCK.
The Senate re-assembled, and took up the following bills, which were read the second time and referred to the Committee on the Judiciary, to-wit:
A bill to change the time within which motions for new trials shall be made.
Also, a bill to repeal sections 1456 and 1457 of the Code, so far as they apply to the counties of Rabun, Union and Towns.
The Senate took up the following bills, which were read the second time and referred to the Committee on Internal Improvements, to-wit :
A bill to incorporate the Fulton Manufacturing Company.

FEBRUARY IS, 1876.

325",

Also, a bill to incorporate the Gold Mountain Mining Company.
The Senate took up a bill to prohibit the sale of intoxi-eating liquors within two miles of Rehoboth Church, in thecounty of Elbert, which was read the second time and referred to the Committee of the whole.
The Senate took up the following bills of the House of Representatives, \vhich were read the second time and referred to the Committee on the Judiciary, to-wit:
A bill to authorize the consolidation of the Savannah, Skidaway and Seaboard Railroad Company with the Coast Line Railroad Company.
Also, a bill to provide i>r the payment of insolvent criminal cost in the county of Jackson.
Also, 'a bill to empower the Building Committee of the Austell Collegiate Institute to levy a tax for educational purposes.
Also, a bill to amend an Act to regulate the sale of intoxicating liquors in certain counties therein named.
Also, a bill to regulate the manner in which costs in criminal cases shall be paid to the Solicitor General, and county officers of the county of Chatham.
Also, a bill to amend section 1646 of the Code. Also, a bill to require the payment of fines and forfeitures into the county treasury, and to regulate the disbursement of the same. Also, a bill to regulate the compensation of Tax Collector and Tax Receiver of the county of Talbot. Also, a bill to amend an Act to establish a City Court for the city of Atlanta. Also, a bill to repeal an Act authorizing Justices of thePeace to award costs against the prosecutor or accused, in his discretion. Also, a bill to amend sections 3699 and 3700 of the Code. Also, a bill to repeal an Act to provide for the payment

326

JoGRKAL OF THE SEXATE

of insolvent costs to the Solicitor General of the Maco!l Circuit, and for other purposes.
The Senate took up a bill of the House of Representatives to reorganize the government of the State University, and for other purposes, which was read the second time and referred to the Committee on Education.
The Senate took up the following bills of the House of Representatives, which were read the second time and referred to the Committee on Finance, to-wit:
A bill to regulate the pay of Tax Receiver and Tax Collector of the county of 1\'Ieriwether.
Also, a bill to fix the compensation of the Tax Collector, Tax Receiver and Treasurer of the county of Monroe.
Also, a bill to amend the charter of the town of Carnesville, in the county of Franklin, and for other purposes.
Also, a bill to authorize the l\Iayor and Council of the city of l\Iacon to issue bonds, and for other purposes.
Also, a bill to compensate E. C. Murphy and the legal representatives of M. \V. Rasbury for services rendered the State.
Also, a bill to authorize the Ordinary of Fulton county to issue bonds to build a court house for said county.
Also, a bill for the relief of B. B. Hinton and Thos. B. Lumpkin, of the county of Marion.
Also, a bill to fix the compensation of the County Treasurer of the county of Meriwether.
Also, a bill to limit the power of the Ordinary of the county of Decatur in fixing the fees of the jailor of said county.
Also, a bill to regulate the compensation of the Treasurer of the county of DeKalb.
Also, a bill to amend the charter of the town of Athens. Also, a bill for the relief of William C. Peek, of the county of Fulton. Also, a bill making appropriations for the support of the Government for the year 1876.

FEBRUARY IS, I8J6.

327

The Senate took up the following bills of the House of Representatives, which were read the second time and referred to the Committee on Banks, to-wit:
A bill to incorporate the Provident Savings and Loan Association of Savannah.
Also, a bill to incorporate the Middle Georgia Co-operative Association of Patrons of Husbandry.
Also, a bill to amend the charter of the Commercial Bank of Augusta, and to authorize a reduction of its capital stock.
The following message was received from the House of Representatives, through Mr. Sweat, the Clerk thereof, to-wit:
.JIIr. Presidmt :
The House of Representatives have passed the following bills, which I am instructed to transmit forthwith to the Senate, to-wit :
A bill to re-enact an Act entitled an Act to organize a Criminal Court for each county of this State, approved October 7, 1868, so as to make said Act apply to the county of Bartow.
Also, a bill to define and make permanent the line between the counties of Marion and Chattahoochee.
Also, a bill to amend an Act to regulate the sale of spirituous, vinous and malt liquors in the counties of Floyd, Dade, Polk, Chattooga, whitfield, Walker, Hall, Bartow, Gordon, Coweta, Carroll, Haralson, Murray, Paulding, and the town of Palmetto, in the county of Campbell, in the State of Georgia, and for other purposes, approved February 26, 1875, so far as to apply the same to the county of Douglas.
Also, a bill to amend an Act to extend the jurisdiction Of the Justices' Court of the district embracing the county site of Clinch county, and for other purposes, approved March 2, 1874, so as to apply the provisions of the same to the district embracing the county site of Douglas county.

328

JouRNAL OF THE SENATE

Also, a bill to fix the compensation of the Treasurer of the county of Muscogee.
Also, a bill to amend the several laws in relation to the Institution for the Deaf and Dumb at Cave Springs, in Floyd county; to define the duties of the principal and such other assistant teachers, and to appoint Trustees for the same, and for other purposes.
Also, a bill to incorporate the Citizens Loan and Trust Company of Marietta, Georgia, which they have passed by a constitutional majority of yeas, 142 ; nays, 1.
Also, a bill to provide for supplemental proceedings against debtors after judgment against them, and return of the execution unsatisfied, and for other purposes.
The Senate took up the following bills of the House of Representatives, which were severally read the second time and referred so the Committee of the Whole, to-wit:
A bill to regulate the sale of intoxicating liquors within one mile of the depot in the town of Lithonia, in the county of DeKalb.
Also, a bill to fix the salary of the County Treasurer of the county of Campbell.
Also, a bill to amend an Act to authorize the Road Commissioners for the county of Bibb, to employ convict labor on the public roads of said county.
Also, a bill to prohibit the sale of intoxicating liquors within one and a half miles of Carnesville, in the county of Franklin.
Also, a bill to amend an Act to create a Board of Commissioners for the county of Calhoun.
Also, a bill to amend an Act to create a County Court for each county in this State, except certain counties therein named, so far as it applies to the county of Bibb.
Also, a bill to incbrporate the Macon Gas Light and Water Company.
Also, a bill to amend section 610 of the Code, and torepeal section 659 of the Code.

FEBRUARY IS, 1876.

329'

Also, a bill to confer upon the chief executive officer of the city of Darien the power to pass an alternate sentence <>f fine or imprisonment.
Also, a bill to regulate th:: fees of the Presidentof the Board of Town Commissioners and Marshal of the town of Lawrenceville.
Also, a bill to amend an Act to prohibit the sale of farm products between the hours of sunset and sunrise, in the counties of Lincoln, Brooks and others.
Also, a bill to fix the compensation of jurors in the county of Calhoun.
Also, a bill to legalize certain acts of the County Commissioners of the county of Mcintosh.
Also, a bill to prevent the sale of intoxicating liquors. within one mile of Lulah Church, in the county of Habersham.
Also, a bill to amend the charter of the town of Harlem, in the county of Columbia.
Also, a bill to regulate the payment of insolvent costs in the county of Effingham.
Also, a bill to regulate the commissions of the County Treasurer of the county of Bartow.
Also, a bill to amend the charter of the town of Blakeley, in the county of Early.
Also, a bill to amend an Act to prohibit hunting on the lands of another in the counties of Quitman and Camden.
Also, a bill to repeal an Act to authorize the Ordinary of the county of Telfair to issue bonds to aid in the completion of the court house of said county.
The Senate took up the following bills of the House of Representatives, which were read the second time and referred to the Committee on Internal Improvements, towit:
A bill to incorporate the town of Crawford, in the county of Oglethorpe.

330

}m.JRKAL OF THE SENATE

Also, a bill to incorporate the Northwestern Railroad Company.
Also, a bill to change the Northern terminus of the Marietta & North Georgia Railroad, and for other purposes.
Also, a bill to amend the charter of the town of \Vrightsville, in the county of Johnson.
The Senate took up the following bills of the House of Representatives, which were read the second time and referred to the Committee on New Counties and County Lines, to-\\it :
A bill to amend the charter of the town of Franklin, 111 the county of Heard.
Also, a bill to change the line between the counties of Pierce and Charlton.
Also, a bill to change the line between the counties of vVorth and Irwin.
The Senate took up a bill of the House of Representatives to provide for the admission of colored deaf mutes to the Academy for the Deaf and Dumb, and for other purposes, which was read the second time and referred to the Committee on the Institution for the Deaf and Dumb.
The Senate took up a bill of the House of Representatives to enact a stock law for certain port.ions of the counties of Milton and Forsyth, which was read the second time and referred to the Committee on Agriculture.
Leave of absence was granted to the Committee on the Judiciary for this afternoon.
The Senate took up the following bills of the House of Representatives, which were read the first time, to-wit:
A bill to amend an Act to create a County Court for each county in this State, except certain counties therein named, so far as it applies to the county of Troup.
Also, a bill to abolish the office of County Treasurer of the county of Bibb, and for other purposes.
Also, a bill to amend an Act to authorize the Judge of the County Court of Richmond county to pay the school debt of said county for the years 1871 and 1872.

FEBRUARY 16, 1876.

331

Also, a bill to reduce the bond of the Sheriff of the county of Chattahoochee.
Also, a bill to authorize the Governor to draw his warrant on the treasury to pay the claim of Messrs. Ragland & Wynne for advertising in the years of 1871 and 1872.
Also, a bill to repeal an Act to prohibit the sale of ardent spirits within two miles of Beulah Church, in the county of Hancock.
Also, a bill to fix the salaries of the County Treasurers of the counties of Sumter and Randolph.
Also, a bill to amend an Act to consolidate the offices of Clerk of the Superior Court and Treasurer of the county of Jackson.
Also, a bill to regulate the pay of jurors in the county of White.
Also, a bill to prescribe the duties of Tax Collectors of the various counties in this State.
Also, a bill to exempt the members of the Quitman Guards, of the county of Monroe, from jury, road and street duty.
The Senate then, on motion, adjourned till 10 o'clock to-morrow morning.

SENATE CHAMBER, ATLANTA, GA., } 1Vednesday, February 16, I 876, 10 o'clock a. 11t.

The Senate met according to adjournment, and was opened with prayer by the Chaplain.

The roll was called, and the following Senators were present and answered to their names, to-wit-Messrs.

Arnow, Black, Cain, Cannon, Carter,

Hester, Hopps, Howell, Hudson,
of the 25th,

McDaniel, McDonald, Newborn, O'Daniel, Peavy,

33.2

JouRNAL OF THE SENATE

Chastain,

Hudson,

Perry,

Cooper,

of the 28th, Reese,

Crawford,

Knight,

Robinson,

Deadwiler,

Lester,

Rutherford,

DuBose,

l'vlatthews,

Slaughter,

Felton,

Mattox,

\Vilcox,

Freeman,

McAfee,

Wilson,

Gilmore,

of the 32d, \Vinn,

Graham,

McAfee, ofthe 39th, MR. PRESIDENT.

Harris,

Mr. Peavy moved to reconsider so much of the Journal

of yesterday as relates to the indefinite postponement of

a bill of the House of Representatives to prevent fishing

on the lands of another in certain counties therein named,

which was agreed to.

Mr. J. \V. Hudson moved to reconsider so much of the Journal of yesterday as relates to the loss of a bill to require persons keeping dogs to take out a license to keep such dogs, which was agreed to.

On motion, the bill was taken up and referred to a special committee of seven.
Mr. Felton, chairman of the Committee on Agriculture, made a report, which was read.

Mr. McDaniel, from the Committee on Finance, made a report, which was read.
Mr. Lester, chairman of the Committee on the Judiciary, made a report, which was read.
Mr. Crawford, from the Committee on the Institution for the Deaf and Dumb, made a report, which was read.
Mr. Cain, chairman of the Committee on Education, made a report, which was read.
The Senate took up, as the report of the Committee of the Whole, a bill to prohibit the sale of intoxicating liquors within two miles of Rehoboth Baptist Church, in the county of Elbert. The report was agreed to. The bill was read the third time and passed.

FEBRUARY 16, 1876.

333

The Senate took up as the report of the Committee of the Whole, a bill to amend section 4166 of the Code.
The Committee on the Judiciary recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill to regulate the practice in the Superior and Supreme Courts, in cases where the State is a party plaintiff.
The Committee on the Judiciary recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the whole, a bill to provide a remedy for persons having a lien under section 1979 of the Code.
The Committee on the Judiciary recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill to provide for the publication of the public laws of this State.
The Committee on the Judiciary moved to amend by repealing the provisions of the law requiring the publication of public laws, which was agreed to. The report as amended was agreed to. The bill was read the third time and passed.
The Senate, on motion, took up a bill of the House of Representatives to prevent hunting and fishing on the enclosed lands of another.
Mr. Peavy moved to amend by restricting the operations -of the bill to the counties of Campbell and Bartow, which was agreed to. The report as amended was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill to enable purchasers of railroads to form corporations, and to prescribe the manner thereof, and for other purposes.

334

JouRNAL oF THE SE:-.ATE

The Committee on the Judiciary moved to amend by adding a section extending the provisions of the bill to all cases where railroads have been heretofore sold at judicial sale, or to sales by the State, which was agreed to.
Amend further, by striking out of the 4th section the following words: ''and to hold meetings of its stockholders and Board of Directors, and do all other things without this State as validly as if done within this State;" which was agreed to. The report as amended was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill to authorize executors and administrators to purchase property at their own sales.
The Committee on the Judiciary recommended adversely to its passage. The report was agreed to, and the bill was lost.
The following mess'lge was received from the House of Representatives, through Mr. Sweat, the Clerk thereof, towit:
Jl,fr. President :
The House of Representatives has concurred m certain amendments of the Senate, and has refused to concur in certain other amendments, to the following bill of the House, to-wit :
A bill to levy a tax for the support of the Government for the year I 876, and to provide for the collection of taxes due the State, and for other purposes therein mentioned.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to levy and collect a tax for the support of the Government for the year I 876.
On motion of Mr. McDaniel, the Senate receded from the amendment to the twelfth clause of the Ist section.
On motion of Mr. McDaniel, the Senate receded from the amendment in relation to theatrical companies and opera troupes.

FEBRUARY I6, 1876.

335

The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to authorize the 1\'Iayor and Council of Macon to issue bonds.
The Committee on Finance recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to change the line between the counties of Marion and Taylor.
The Committee on New Counties and County Lines moved to amend by striking out "so much as;" also, strike out "as" in the eighth line, and insert "which;" which amendments were agreed to. The report as amended was agreed to. The bill was read the third time and pa;;sed.
The Senate took up, as the report of the Comn1ittcc of the \Vhole, a bill of the House of Representatives to regulate the sale of'intoxicating liquors in the counties of Muscogee and Stewart.
The Committee on Agriculture moved to amend by striking out the county of Stewart; strike out also the words "one mile from the court house," and insert in lieu thereof ''one-half mile from the corporate limits," wLercver these words occur; which was agreed to. The report as amended was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives for the relief of \V. C. Peek, of the county of Fulton.
The Committee on Finance moved to amend by inserting after the word "except," in section rst, "the fine of three hundred and fifty dollars adjudged against James R. Peek;" which was agreed to. The report as amended was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to amend

~36

JouRNAL OF THE SE~ATE

an Act to create a County Court for each county in this State, so far as it applies to the county of Jackson. . The Committee on the Judiciary moved to amend, by striking out in section zd "one hundred and fifty," and insert in lieu thereof ''two hundred and fifty," which was .agreed to. The report as amended was agreed to. The bilL was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to regulate the time for which the Mayor of the city of Augusta shall hold office, and for other purposes.
The Committee on the Judiciary moved to amend, by striking from the 3d section the words ''other than for the ordinary current expenses," and insert in lieu thereof the following : ''or creating any new debt other than for the ordinary current expenses, or for the payment of debts already incurred," which was agreed to. The report as amended was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the vVhole, a bill of the House of Representatives to prohibit the sale of farm products between the hours of sunset and sunrise, in the counties of Hancock, Elbert, \Valton, Taylor and Crawford.
The Committee on the Judiciary moved to amend, by striking out the county of Walton, which was agreed to. The report as amended was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to allow the Grangers Health and Life Insurance Company to create a State Department, and for other purposes.
The Committee on Banks moved to amend section 1st, by striking out the words "or secured to the satisfaction of the President and Board of Directors of said State Department," which was agreed to.

FEBRUARY 16, 1876.

337

Amend section 4th, by striking out all after the words '"shall be," in the last line but one, and insert in lieu thereOf the words, "individually liable to creditors in proportion to the amount of stock owned by each, respectively, at the time the debt was created," which was agreed to. The report as amended was agreed to.
The bill was read the third time. Upon the question, "shall this bill now pass?" the yeas and nays were required to be recorded, to-wit:
Those voting in the affirmative are-Messrs.

Arnow, Black, Cain, Cannon, Chastain, Crawford, Deadwiler, DuBose, Freeman, 'Gilmore,

Howell, Hudson,
of the 25th, Hudson,
of the 28th, Lester, Matthews, McAfee,
of the 32d,

McAfee, ofthe 39th, McDaniel, McDonald, O'Daniel, Perry, Reese, Robinson, \Vilson, \Vinn.

Those voting in the negative are-Messrs.

Cooper, Harris,

Hopps, Mattox,

Slaughter.

Ye'as, 25. Nays, 5

So the bill was passed by a constitutional majority.

The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to create a Criminal Court for the county of Burke.
The Committee on the Judiciary recommended a substitute in lieu of the original bill, which was agreed to. The report as amended was agreed to, and the bill was read the third time and passed.

The Senate took up, as the report of the Committee of
the \Vhole, a bill of the House of Representatives to abol-
ish the County Court of the county of Upson. The report 22

338

}OUR~AL OF THE SENATE

was agreed to, and the bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to regulate the sale of intoxicating liquors within the county of Marion.
The Committee on the Judiciary recommended its passage. The report was agreed to, and the bill was read the third time and passed.
The Senate took up, as the report of the Committee of the vVhole, a bill of the House of Representatives to amend an Act to prohibit the sale of farm products, between the hours of sunset an_~ sunrise, in the counties of Lincoln, Brooks and others. The report was agreed to, and the bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to amend an Act to create a permanent Board of Education and Orphanage for the county of Bibb.
The Committee on the Judiciary recommended its passage. The report was agreed to, and the bill was read the third time and passed.
On motion of Mr. Cain, a resolution agreed to on yesterday, instructing the transmission immediately o bills passed, was rescinded.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to amend an Act to create a County Court for each county in this State, so far as it applies to the county of Morgan.
The Committee on the Judiciary recommended its passage. The report was agreed to, and the bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to provide for the payment of insolvent criminal costs in the county of Jackson.

FEBRL'ARY 16, I8J6.

339

The Committee on the Judiciary recommended its passage, and the bill was read the third time and passed.
The Senate took up, as the report of the Committee~of the Whole, a bill of the House of Representatives to fix the pay of jurors in the county of Muscogce. The report was agreed to, and the bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to legalize certain acts of the County Commissioners for the county of l\Iclntosh. The report was agreed to, and the bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \\'hole, a bill of the House of Representatives to amend the law as to the jurisdiction of the County Judge of the county of Screven in relation to county matters.
The Committee on the Judiciary recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to consolidate the offices of Tax Receiver and Tax Collector of the county of Gilmer.
The Committee on the Judiciary recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to regulate the compensation of Tax Receiver and Tax Collector of the county of Meriwether.
The Committee on Finance recommended its passage. The report was agreed to. The bill was read the third fmc and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to incorporate the Macon Gas Light and \Vater Company. The

340

JouRNAL OF THE SENATE

report was agreed to. The bill was read the third time and passed.
The hour of adjournment having arrived, the Senate adjourned till 3 o'clock p. m.

AFTERNOON SESSION.
3 O'CLOCK.
The Senate re-assembled, and took up the following bills of the House of Representatives, which were read the second time and referred to the Committee on the J udici~ry, to-wit:
A bill to amend an Act to create a County Court for each county in this State, except certain counties therein named, so far as applies to the county of Troup.
Also, a bill to repeal an Act to prohibit the sale of intoxicating liquors within two miles of Beulah Church, in the county of Hancock.
The Senate took up tht:: following bills of the House of Representatives, which were read the second time and referred to the Committee on Finance, to-wit:
A bill to authorize the Governor to draw his warrant on the treasury to pay the claim of Messrs. Ragland & Wynne, of the Columbus Enqui1cr newspaper.
Also, a bill to abolish the office of County Treasurer for the county of Bibb.
Also, a bill to amend an Act to consolidate the offices of Clerk of the Superior Court and Treasurer of the county of Jackson.
Also, a bill to prescribe the duties of Tax Collectors in the various counties of this State.
Also, a bill to fix the salaries of the Treasurers of the counties of Sumter and Randolph.
Also, a bill to reduce the bond of the Sheriff of the county of Chattahoochee.
The Senate took up a bill of the House of Representatives to amend an Act to authorize the County Judge of

FEBRUARY 16, 1876.

341

the county of Richmond to pay the school debt of said county for the years 1871 and 1872, which was read the second time and referred to the Committee on Education.
The Senate took up the following bills of the House of Representatives, which were read the second time and referred to the Committee of the Whole, to-wit:
A bill to exempt the members of the Quitman Guards, of the county of Monroe, from road and jury duty.
Also, a bill to regulate the compensation of jurors in the county of \Vhite.
The Senate took up the following bills of the House of Representatives, which were read the first time, to-wit :
A bill to organize a Criminal Court for the county of Bartow.
Also, a bill to fix the line between the counties of Marion and Chattahoochee.
Also, a bill to regulate the sale of intoxicating liquors in the county of Douglas.
Also, a bill to extend the jurisdiction of Justices' of the Peace of the district embracing the county site of Douglas.
Also, a bill to fix the compensation of the County Treasurer of the county of Muscogee.
Also, a bill to amend the law relative to the Institution for the Deaf and Dumb, and for other purposes.
Also, a bill to incorporate the Citizens Loan and Trust Company of Marietta.
Also, a bill to provide for supplemental proceedings against debtors after judgment against them, and return of the execution unsatisfied, and for other purposes.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to fix the compensation of the Treasurer of the county of M eri wether. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to

342

jOURNAL OF THE SENATE

change the times for holding the Superior Court of the county of Oconee. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to fix the compensation of the County Treasurer of the county of DeKalb, and for other purposes.
The Committee on Finance recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to amend the charter of the town of Morgan, in the county Calhoun.
The Committee on the Judiciary recommended its passage. The report was agreed to, and the bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to prevent the firing of guns or pistols in the village of Vineville in the county of Bibb.
The Committee on the Judiciary recommended its passage. The report was agreed to. The bill \\as read the third time and passed.
The Senate- took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to make the Ordinary of the county of Greene ex-officio Treasurer of said county.
The Committee on the Judiciary reco!J1mended its passage. The report was agreed to. The bill was read the third time and passed.
The following message was received from his Excellency the Governor, through Mr. \Varren, his Secretary, to-wit:
Mr. President: I am directed by his Excellency the Governor, to deliver
to the Senate a communication in writing, with accompanying document.

FEBRVARY 16, 1876.

343

The Senate took up, as the report of the Committee of

the \Vhole, a bill of the House of Representatives to change

the line between the counties of Newton and Rockdale.

The Committee on New Counties and County Lines recommended its passage. The report was agreed to. The

bill was read the third time and passed.

The Senate took up, as the report of the Committee of

the Whole, a bill of the House of Representatives to regu-

late the compensation of the Tax Collector and Tax Re-

ceiver of the county of Cherokee. The report was agreed

to. The bill was read the third time and passed.

The Senate took up, as the report of the Committee of

the Whole, a bill of the House of Representatives to repeal

11n Act to create a Board of Commissioners for the county

.of Berrien.

The Committee on the Judiciary recommended its passage. The report was agreed to. The bill wa~ read the

third time and passed.

The Senate took up, as the report of the Committee of

the Whole, a bill of the House of Representatives to render

certain the compensation of the County Judge of the county of Richmond, for atten~ing to county business. The report was agreed to. The bill was read the third time and passed.

The Senate took up, as the report of the Committee of

the \Vhole, a bill of the House of Representatives to amend the_ charter of the town of \Vaycross, in the county of Ware. The report was agreed to. The bill was read

the third time and passed.

The Senate took up, as the report of the Committee of

the Whole, a bill of the House of Representatives to amend

an Act to create a Board of Commissioners for the county

of Douglas. The report was agreed to. The bill was read

the third time and passed.

The Senate took up, as the report of the Committee of

',

the 'Whole, a bill of the House of Representatives to fix

the compensation of jurors in the county of Webster. The

344

JouRNAL OF THE SENATE

report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to authorize the legal voters to elect an Intendant and Board of Town Commissioners for the town of Dahlonega. The report was agreed to, and the bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to regulate the sale of intoxicating liquors in the county of Madison. The report was agreed to, and the bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to regulate the pay of jurors in the county of Miller. The report was agreed to, and the bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to fix the compensation of jurors and bailiffs of the county of Calhoun. The report was agreed to, and the bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to ratify and confirm the sale of certain real estate by the Trustees of the First Baptist Society of Augusta. The report was agreed to, and the bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to organize a Criminal Court for the county of Pike. The rsport was agreed to, and the bill was read the third time and passed.
The Senate took up, as the report of the Commttee of the Whole, a bill of the House of Representatives to repeal

FEBRUARY 16, 1876.

34.S

an Act to authorize the Ordinary of the county of Telfair to issue bonds to aid in the completion of the court house of said county. The report was agreed to, and the bill was read the third time and passed.
The Senate took up, as the report of the Committee of the vVhole, a bill of the House of Representatives to fix the compensation of jurors for the county of Calhoun. The report was agreed to, and the bill was read the third time and passed.
The Senate 'took up, as the report of the Committee of the Whole, a bill of the House of Representatives to create a Board of Commissioners for the county of Greene.
The Committee on the Judiciary recommended its passage. The report was agreed to, and the bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to regulate the fees of President of the Board of Town Commissioners and Marshal of the town of Lawrenceville, in the county of Gwinnett. The report was agreed to, and the bill was read the third time and passed.
The Senate took:up, as the report of the Committee of the Whole, a bill of the House of Representatives to amend an Act to create a Board of Commissioners for the county of Calhoun. The report was agreed to, and the bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to prohibit the sale of farm products between the hours of sunset and sunrise, in the counties of Clayton, Houston, Echols, and Baldwin. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to regulate the fOmpensation of jurors in the county of Jasper.

346

JoURNAL OF THE SENATE

The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report oi the Committee of the vVhole, a bill of the House of Representatives to repeal an Act to create a Board of Commissioners for the county of Calhoun. The report was agreed to. The bill was read the third time and passed.
The Senate then, on motion of Mr. Crawford, adjourned until 10 o'clock to-morrow morning.
,

SENATE CHAMBER, ATLANTA, GA., } T!tursday, Febntary 17, 1876, 10 o'clock a. m.

The Senate met according to adjournment, and was Qpened with prayer by the Chaplain.

The roll was called, and the following Senators \Vere present and answered to their names, to-wit-Messrs.

Arnow,

Hester,

McAfee,ofthe 39th,

Black,

Hopps,

McDaniel,

Cain,

Howell,

McDonald,

Cannon,

Hudson,

O'Daniel,

Carter,

of the 25th, Peavy,

Chastain,

Hudson,

Perry,

Cooper,

of the 28th, Reese,

Crawford,

Kibbee,

Robinson,

Deadwiler,

Knight,

Rutherford,

DuBose,

Lester,

Slaughter,

Felton,

Matthews,

Wilcox,

Freeman,

Mattox,

Wilson,

Gilmore,

McAfee,

Winn,

Graham,

of the 32d, MR. PRESIDENT.

Harris,

Mr. Peavy moved to reconsider so much of the Journal

.of yesterday as relates to the loss of a bill to authorize ex-

ecutors and administrators to purchase property at their

.own sales, which motion was lost.

FEBRUARY 17, 1876.

347

The President offered a memorial of the Agricultural Convention on the subject of fish culture, which was read.
Mr. Hester, chairman of the Committee on New Counties and County Lines, made a report, which was read.
Mr. Arnow, from the Committee on Internal Improvements, made a report, which was read.
Mr. McDaniel, from the Committee on Finance, made a report, which was read.
The following message was received from his Excellency the Governor, through Mr. vVarren, his Secretary, to-wit:
lr'fr. President:
I am directed by his Excellency the Governor to deliver to the Senate a communication in writing, with accompanying documents.
Mr. Lester, chairman of the Committee on the Judiciary; made a report, which was read.
Mr. Cain, chairman of the Committee on Education, made a report, which was read.
The Senate took up the message of his Excellency the Governor, in reference to establishing an Asylum for Inebriates, which was read.
Mr. Hopps introduced a bill to change the line between the counties of Appling and \Vayne, which was read the first time.
Mr. Kibbee offered a resolution authorizing the Governor to make temporary loans to operate the Government for the year 1876, which was read.
On motion, the rules were suspended, and the resolution was taken up, read and agreed to.
Mr. Wilcox introduced a bill to make penal the catching of fish in the waters of the county of Irwin with traps or nets, which was read the first time.
On motion, the rules were suspended, and the Senate took up a reconsidered bill to protect sheep raising, and for other purposes.

348

JouRNAL OF THE SENATE

The special committee, to which this bill was referred, recommended a substitute in lieu of the original bill.
Mr. Peavy moved to amend the 2d section by striking out the provision allowing damages at least three times the value of sheep killed or injured to the party plaintiff.
Mr. Howell moved the previous question, which, being seconded, the main question was ordered to be put. The amendment of Mr. Peavy was agreed to.

Upon agreeing to the substitute as amended, the yeas and nays were required to be recorded, to-wit:

Those who voted in the affirmative are-Messrs.

Arnow, Black, Cannon, Cooper, Crawford, DuBose, Felton, Freeman, Gilmore,

Graham, Hester, Hopps,. Howell, Hudson,
of the 25th, Knight, McAfee,
of the 32d,

McDaniel, McDonald, Peavy, Perry, Reese, Robinson, Wilson.

Those voting in the negative are-Messrs.

Brimberry, Cain, Carter, Chastain, Deadwiler, Harris,

Hudson, of the 28th,
Kibbee, Lester, Matthews, Mattox,

McAfee, of the 39th,
O'Daniel, Rutherford, vVilcox.

Yeas, 23. Nays, 15.

So the substitute was agreed to.

The bill was read the third time. Upon the question " shall this bill now pass?" the yeas and nays were required to be recorded, to-wit:

Those voting in the affirmative are-Messrs.

Arnow, Black,

Gilmore, Graham,

Knight, Lest( r,

FEBRUARY 17, 1876.

249

Brimberry, Cannon, Cooper, Crawford, DuBose, Felton,

Hester, Hopps, Howell, Hudson,
of the 25th,

McDonald, Peavy, Perry, Reese, RobinoO:l.

Those voting in the negative are-Messrs.

Cain,

Kibbee,

Carter,

Matthews,

Chastain,

Mattox,

Deadwiler,

McAfee,

Freeman,

of the 32d,

Harris,

McAfee,

Hudson, of the 28th, of the 39th,

Yeas, 21. Nays, 17.

So the bill was passed.

McDaniel, O'Daniel, Rutherford, \Vilcox, \Vilson.

The following message was received from the House of Representatives, through Mr. Sweat, the Clerk thereof, to-wit:

11-'fr. President: The House of Representatives have passed the following
bill, to-wit: A bill to encourage the propagation of fish in the waters
of the State of Georgia, and for the protection of the same.
The House has also agreed to the following resolution, in which they ask a concurrence of the Senate, to-wit :

A resolution in relation to charges on the floor of the United States Senate, regarding the privileges enjoyed by citizens of this State under the Constitution of the United States.

The following message was received from his Excellency the Governor, through Mr. Warren, his Secretary, towit:

350

JouRNAL oF THE SENATE

JI;Ir. Preszdetlt:
His Excellency the Governor, has approved the following Acts, to-wit:
An Act to punish any person or persons who shall sell, give, lend or furnish any minor or minors with deadly weapons, and for other purposes.
An Act to authorize the Comptroller General to collect, by execution, debts due the State by lessees of Penitentiary convicts.
An Act to alter and amend an Act entitled an Act to incorporate the Chestatee Fluming and Mining Company, and for other purposes, approved December 3, 1866.
An Act to legalize the election of municipal officers of the town of Cedartown, held on the first Saturday in January, A. D. 1876, to adopt a new charter for said town, and fix the houndaries of the same.
An Act to incorporate the Chestatee Quartz Mining and Sluice Washing Company.
Mr. Freeman, chairman of the Committee on Enrollment, made the following report, to-wit:
Mr. President :
The Committee on Enrollment report as duly enrolled, and ready for the signatures of the President and Secretary of the Senate, the following bill, to-wit:
A bill to prescribe the mode of taxation upon the shares or stock of banks, or banking associations, organized under the authority of this State, or of the United States, and located within this State.
The Senate took up, as the report of the Committee of the Whole, a bill to amend an Act to create a County Court for each county in this State, so far as it applies to the county of Twiggs.
The Committee on the Judiciary recommended its passage. The report was agreed to, and the bill was read the third time and passed.

FEBRUARY IJ, 18J6.

351

The Senate took up, as the report of the Committee of the vVhole, a bill of the House of Representatives to confer upon the chief executive officer of the city of Darien jurisdiction to pass an alternative sentence of fine or imprisonment. The report was agreed to, and the bill was read the third time and passed.
Mr. Freeman, chairman of the Committee on Enrollment, made the following report, to-wit:
llfr. Presidctzt: The Committee on Enrollment report as duly signed by
the President and Secretary of the Senate, the Speaker and Clerk of the House ot Representatives, and ready for transmission to his Excellency the Governor, the following bill, to-wit:
A bill to prescribe the mode of taxation of shares or stock of banks or banking associations within this State.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to authorize the Board of Commissioners of the county of Coweta to pay jurors for the year 1875 The report was agreed to, and the bill was read the third time and passed.
The Senate took up and concurred in the amendments of the House of Representatives to a bill to incorporate the Brunswick Bank and Trust Company.
The Senate took up, as the report of the Committee of the Whole, a bill to incorporate the Atlanta Glass Plate Company.
The Committee on Internal Improvements recommended its passage. The report was agreed to, and the bill \Vas read the third time and passed.
The hour of adjournment having arrived, the Senate adjourned till 3 o'clock p. m.

AFTERNOON SESSION. 3 o'CLOCK.
The Senate re-assembled, and took up the following bill of the House of Representatives, which was read the

.352

JOURNAL OF THE SENATE

second time and referred to the Committee on the Judidary, to-wit:
A bill to provide for supplemental proceedings in cases where executions against debtors have been returned un:satisfied.
The Senate took up a bill of the House of Representatives to incorporate the Citizens Loan and Trust Company of Marietta, which was read the second time and referred to the Committee on Banks.
The Senate took up a bill of the House of Representatiees to amend the several Acts in relation to the Institution for the Deaf and Dumb, which \Vas read the second time and referred to the Committee on the Institution for the Deaf and Dumb.
The Senate took up a bill of the Hous~ of Representatives to define the line between the counties of Marion and Chattahoochee, which was read the second time and referred to the Committee on New Counties and County Lines.
The Senate took up the following bills of the House of Representatives, which were read the second time and referred to the Committee of the vVhole, to-wit :
A bill to fix the compensation of the Treasurer of the -county of Muscogee.
Also, a bill to re-enact an Act to create a Criminal Court for each county in this State, so as to apply it to the county of Bartow.
Also, a bill to amend an Act to regulate the sale of intoxicating liquors in certain counties therein named, so as to make it apply to the county of Douglas.
Also, a bill to extend the jurisdiction of Justices of the Peace in the district wherein is situated the county site of Douglas county.
The Senate took up a bill of the House of Representatives to encourage the propagation of fish in the waters of this State, which was read the first time.
The Senate took up, as the report of the Committee of

FEBRUARY 17, 1876.

353

the Whole, a bill to repeal sections 1456 and 1457 of the

Code, so far as they apply to the county of Rabun.

The Committee on the Judiciary moved to amend by

striking out the figures "1457" wherever they occur,

which was agreed to. The report as amended was agreed

to,. and the bill was read the third time and passed.

The Senate took up, as the report of the Committee of

the Whole, a bill of the House of Representatives to

.amend the charter of the Mutual Protection Insurance

Company.

The Committee on the Judiciary recommended its pass-

age. The report was agreed to, and the bill was read the

third time and passed.



The Senate took up, as the report of the Committee of

the Whole, a bill of the House of Representatives to regu-

late the manner in which costs in criminal cases shall be

.distributed in the county of Chatham.

The Committee on the J u~iciary recommended its pa~s

age. The report was agreed to, and the bill was read the

third time and passed.

The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to authorize the consolidation of the Savannah, Skidaway & .Seaboard Railroad Company with the Coast Line Railroad

Company, and for other purposes.

The Committee on the Judiciary recommended its passage. The report was agreed to, and the bill was read the third time and passed.

The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to err. power the Building Co:nmittee of the Austell Collegiate Institute of Fairburn, to levy a tax for educational purposes.
The Committee on the Judiciary recommended adverse'y .to its passage. The report was agreed to, and the bill was

lost. 23

354

JouRNAL OF THE SENATE

The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to amend an Act to create a County Court for the county of Clayton.
The Committee on the ] udiciary recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to amend the charter of the city of Albany.
The Committee on Internal Improvements recommended its ~assage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the repott of the Committee of the \Vhole, a bill of the House of Representatives to amend the charter of town of Athens. The Committee on Finance recommended its passage. The report \>vas agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to organize a County Court for the county of Randolph, and for other purposes.
The Committee on the] udiciary recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to authorize the Ordinaries of the counties of Randolph and Calhoun to hire out convicts.
The Committee on the ] udiciary recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to repeal an Act for the payment of insolvent criminal costs to the S )licitor General of the Macon Circuit.

FEBRUARY IJ, 1876.

35!)

The Committee on the Judiciary recommended its passage. The report was agreed to. The bill was read the time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to change the line between the counties of \Vorth and Irwin.
The Committee on New Counties and County Lines recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole a bill of the House of Representatives to prohibit attorneys at law from becoming sureties on Sheriff's b'Jnds.
The Committee on the Judiciary recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \\'hole, a bill of the House of Representatives to amend section 2040 of the Code of Georgia.
The Committee on the Judiciary recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the. Committee of the \Vhole, a bill to transfer the county of Colhoun from the Albany to the Pataula Circuit, and the county of Miller from the Pataula to the Albany Circuit.
The Committee on the Judiciary moved to amend, by striking out all relating to Miller county, which was agreed to. The report as amended was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to repeal an Act to consolidate the offices of Tax Receiver and Tax Collector of the county of Union.
Mr. Reese moved to amend, by inserting the wares, "after the Ist of January, 1877," which was agreed to.

356

JOURNAL OF THE SENATE

The report as amended was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to amend section 1646 of the Code.
The Committee on the Judiciary recommended its passage. The report was agreed to, and the bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to regulate the pay of jurors and bailiffs in the county of Wilkinson. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to amend an Act to regulate the sale of intoxicating liquors in certain <::ounties therein named.
The Committee on the Judiciary recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to consolidate the offices of Tax Receiver and Tax Collector of the county of Pickens.
The Committee on the Judiciary recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives for the relief of B. B. Hinton and Thomas B. Lumpkin, of the county of Marion.
The Committee on Finance recommended its passage_ The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of

FEBRUARY 17, 1876.

357

the Whole, a bill of the House of Representatives to amend the charter of the town of Carnesville.
The Committee on Finance recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to amend an Act to create a County Court for the county of Clarke.
The Committee on the Judiciary recommended its passage. The report was agreed to. Tr.e bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to ratify and confirm the sale of Gilmer street, in the town of Perry, in the county of Houston.
The Committee on the Judiciary recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to repeal an Act to abolish the office of Treasurer of the county of Burke, and for other purposes.
The Committee on the Judiciary recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the-report of the Committee of the Whole, a bill of the House of Representatives to abolish the County Court of the county of Decatur.
The Committee on the Judiciary recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to amend an Act to create a Board of Commissioners for the county of Monroe.
The Committee on the Judiciary recommended its pass-

358

}OURNAL OF THE SENATE

age. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to limit the power of the Ordinary of the county of Decatur in fixing the fees of the jailor for dieting prisoners.
The Committee on Finance recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the vVhole, a bill of the House of Representatives for the protection of game in the county of Mcintosh. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the vVhole, a bill to prevent hunting on the lands of another in the county of Wayne. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to fix the salary of the Treasurer of the county of Campbell. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the vVhole, a bill of the House of Representatives to fix the fees of the jailor of the county of Monroe for feeding prisoners in the jail of said county. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to fix the compensation of jurors in the county of Webster. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to .change the line between the counties of Pierce and Charlton.

I

359

The Committee on New Counties and County Lines recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to amend an Act to authorize the Road Commissioners of the county of Bibb to use convict labor on the public roads of said county. TJ1e report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to exempt the members of the Quitman Guards of the county of Monroe from road and jury duty. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \\'hole, a bill of the House of Representatives to regulate the pay of jurors in the county of \Vhite. The report was agreed to, and the bill was read the third time and passed.

The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to incorporate the town of \Vadley, in the county of Jefferson.
The Committee on the Judiciary recommended its passage. The report was agreed to, and the bill was read the third time and passed.

The Senate took up, as the report of the Committee of the vVhole, a bill of the House of Representatives to regulate the sale of intoxicating liquors within one and a half miles of the court house in the town of Carnesville, in the county of Franklin. The report was agreed to, and the bill was read the third time and passed.

The Senate took up, as the report of the Committee of

the Whole, a bill of the House of Representative to au-

I
. '~

thorize the Ordinary of Hall county to sell and convey the

pauper farm of said county. The report was agreed to,

and the bill was read the third time and passed.

360

JouRNAL OF THE SENATE

The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives tO' change the line between the counties of Dodge and Pulaski.
The Committee on New Counties and County Lines recommended its passage. The report was agreed to, and the bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to authorize the Superior Courts of this State to grant certain corporate powers.
The Committee on the Judiciary recommended its passage. The report was agreed to, and the bill was read the third time and passed.
The Senate took up, as the report of the Committee of the whole, a bill of the House of Representatives to authorize the County Treasurer of the county of Screven to pay certain orders of the Judge of the Superior Court of said county for compensation of county officers. The report was agreed to, and the bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to prohibit the sale of intoxicating liquors within three miles of the village of Penfield, in the county of Greene. The report was agreed to, and the bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to repeal an Act to prevent the sale of intoxicating liquors. within two miles of Beulah Church, in the county of Hancock.
The Committee on the Judiciary recommended adverselyto its passage. The report was agreed to, and the bill was lost.
The Senate took up, as the report of the Committee of

FEBRUARY IJ, I8J6.

361

the Whole, a bill of the House of Representatives to amend the several Acts providing for a registration of the legal' voters of the county of Chatham. The report was agreed to, and the bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to amend an Act to create a City Court for the city of Atlanta.
The Committee on the Judiciary moved to amend by striking out the word "hereafter," and insert "from and after its passage," and strike out the proviso to the 4th section, which was agreed to. The report as amended was. agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to define the time when the property of County Treasurers and their sureties shall be bound.
The Committee on the Judiciary recommended its passage. The report was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to amend an Act to authorize the Judge of the County Court of the county of Richmond to pay the school debt of said county for the years 1871 and 1872.
The Committee on Education recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to regulate the sale of intoxicating liquors in the town of Lithonia, in the county of DeKalb.
Mr. Slaughter moved to amend by extending the provisions of the Act to the town of Dallas, in the county of Paulding, which was agreed to. The report as amended was agreed to. The bill was read the third time and passed.

362

JoURNAL OF THE SENATE

The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to amend the charter of the town of Blakely, in the county of Early. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as a report of the Committee of the Whole, a bill of the House of Representatives to regulate the compensation of the Treasurer of the county of Bartow. The report was agreed to. The bill was read the third time and passed.
Mr. Hester introduced a bill to prohibit the sale of intoxicating liquors within three miles of Eureka Mills, in the county of Elbert, which was read the first time.
The hour of adjournment having arrived, the Senate adjourned till IO o'clock a. m., to-morrow morning.

SENATE CHAMBER, ATLANTA, GA., } Friday, Febmmy 18, 1876, 10 o'clock a.m.
The Senate met according to adjournment, and was opened with prayer by the Chaplain.
The roll was called. 1\Ir. O'Daniel moved to reconsider so much of the Journal of yesterday as relates to the passage of a bill of the House of Representatives to reduce the compensation of certain county officers of the county of \Vilkinson, which was agreed to. On motion, the rules were suspended, and the Senate took up the bill just reconsidered. Mr. O'Daniel moved ro amend, by striking out all relative to Tax Collectors and Tax Receivers, which was agreed to. The report as amended was agreed to. The bill was read the third time and passed. Mr. Kibbee, chairman of the Committee on Finance~ made a report, which was read.

FEBRUARY I8, 1876.

363

Mr. Feiton, chairman of the Committee on Agriculture, made a report, which was read.
Mr. Crawford, from the Committee on the Institution for the Deaf and Dumb, made a report, which was read.
Mr. Hester, chairman of the Committee on New Counties and County Lines, made a report, which was read.
The Senate took up, as the report of the Committee of the Whole, a bill for the relief of Lewis F. Hix.
The Committee on Finance recommended adversely to its passage. The report was agreed to, and the bill was lost.
The Senate took up, as the report of the Committee of the whole, a bill to allow Shimuel Timmerman to peddle without license.
The Committee on Finance recommended adversely to its passage. The report was agreed to, and the bill was lost.
The Senate took up, as the report of the Committee of the whole, a bill to change the time for holding the Superior Court for the county of \Vilcox, which \Yas, on motion, indefinitely postponed.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representati\es to amend the charter of the town of Camilla.
Mr. Brimberry moved to amend, by striking out the words "three-fourths of a mile," and insert "one-halfmile," which was agreed to. The report as amended was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill to require railroad companies to begin and complete their lines of road in a certain time.
The Committee on the Judiciary recommended adversely to its passage. The report was agreed to, and the bill was lost.
The Senate took up, as the report of the Committee of the Whole, a bill to incorporate the Bibb Manufacturing Company.

364

JOURNAL OF THE SENATE

The Committee on Internal Improvements recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill to incorporate the Fulton Manufacturing Company.
The Committee on Internal Improvements moved to amend, by striking out the 7th section, which was agreed to. The report as amended was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill to incorporate the Atlantic and Mexican Gulf Canal Company.
The Committee on Internal Improvements moved to amend section Ist, by adding the names of John B. Bachlatt, John Collier and S. T. Burns.
Amend section 7th by striking out ''at the discretion of the court," and insert in lieu thereof "as prescribed in section 43 IO of the Code;" which amendments were agreed to. The report as amended was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill to incorporate the Gold Mountain Mining Company.
The Committee on Internal Improvements moved to amend section 7th, by inserting after the word "Act," in the nineteenth line, the following: ''all stockholders shall be liable to the creditors of said corporation according to the amount of stock they may respectively own." Insert in the twenty-second line the word "nevertheless;" which amendments were agreed to. The report as amended was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to amend the laws relating to the Institution for the Deaf and Dumb.
The Committee on the Institution for the Deaf and

FEBRUARY 18, 1876.

365

Dumb recommended its passage. The report was agreed to. The bill was read the third time and passed.
The following message was received from the House of Representatives, through Mr. Sweat, the Clerk thereof, towit:
Mr. President:
The House of Representatives has passed the following bills, to-wit:
A bill for the relief of the heirs of John Caldwell, de<:eased.
Also, a bill to punish fceticide or criminal abortion in this State.
Also, a bill to consolidate the office of County Treasurer of the county of Cobb with the office of Clerk of the Superior Court of said county, to prescribe their duties, and for other purposes.
Also, a bill to regulate the compensation of Tax Receiver, Tax Collector and Treasurer of the counties of Troup and Coweta.
Also, a bill to establish a County Court in and for the cou'nty of Dodge, to appoint a Solicitor for the same, and for other purposes.
Also, a bill to change the line between the counties of Murray and Gordon.
Also, a bill to prevent camp hunting in the counties of Douglas and Haralson, and for other purposes.
Also, a bill to authorize and require the Governor to purchase for the counties of Oconee, Douglas and Mcintosh, certain volumes of the decisions of the Supreme Court of this State, and to appropriate money for the same.
Also, a bill to amend an Act entitled an Act to create a State Board of Health for the protection of life and health, and to prevent the spread of diseases in the State of Georgia, and for other purposes, approved February 25, 1875, and for other purposes.

366

}oUR:"<AL OF THE SENATE

Also, a bill for the relief of Thomas vV. Davis, late Tax
Collector of Bryan county.
Also, a bill to prescr.ibe the manner of granting injunctions in certain cases.
Also, a bill to create a Board of County Commissioners for the county of Mcintosh and the city of Darien, and to define their powers and duties.
Also, a bill to incorporate the Blue Ridge Mining Company.
Also, a bill to authorize the Commissioners of Roads and Revenues of the county of Camden to issue bonds not to exceed two thousand dollars, to rebuild the county jail recently destroyed by fire, and for completing the court house.
Also, a bill to amend an Act entitled an Act for the relief of maimed and indigent soldiers, approved March 3, I875
Also, a bill to relieve J. vV. Grubbs, A. G. Inman, S. J. Bell and L. D. Mathews, securities on the bond of Co-
lumbus \Vimberly, Tax Collector of the county of Burke in the year I874
Also, a bill to amend an Act entitled an Act to amend the several Acts incorporating the city of Gainesville, in Hall county, and for other purposes, approved February 22, I873
Also, a bill to amend an Act entitled an Act to establish a Board of Commissioners of Roads and Revenues in the counties of' Habersham and Lowndes ; to define their duties, and for other purposes therein named, approved December I I, I 87I, and to make the provisions of said Act and the Acts amendatory thereof applicable to the county of Rabun.
Also, a bill to provide for the creation of a Board of Commissioners of Roads and Revenues for the county of Oconee, and to define the powers and duties thereof.
Also, a bill to be entitled an Act to amend an Act to

FEBRUARY 18, 1876.

367

establish a Board of Commissioners for the county of Bibb, approved February 6, 1873, and to amend an Act amending said above recited Act, approved March 2, 1874, so far as relates to the county of Bibb, and for other purposes.
Also, a bill to define and regulate the practice and mode of trial in certain chancery causes in this State, and for other purposes.
Also, a bill to amend an Act entitled an Act to amend an Act entitled an Act to alter, change and amend an Act to incorporate the town of Decatur, in the county of DeKalb, assented to December ro, 1823, approved March 3, 1856; to extend the corporate limits of said town, and confer additional powers upon the Commissioners of said town, approved December I 5, 187 I, by striking out of section 5th of said Act the words "not exceeding two hundred and fifty dollars," in the eighth line of said 5th section, and inserting in lieu thereof the words ''not exceeding one thousand dollars."
Also, a bill to regulate the leasing out of Penitentiary convicts by the Governor, authorizing him to make contracts in relation thereto, and for other purposes.
Also, a bill to repeal sections 1254, 1255, 1256, 1257, 1258, 1259, 1260, 1261, 1262, 1263, 1264 and 1265 of the Code of Georgia, and repeal so much of other portions of said Act of August 23, 1872, as are inconsistent with the provisions of this Act, and organize anew the public school system of this State.
And the House of Representatives has also passed the following Senate bill, to-wit :
A bill to reduce and regulate the fees of Tax Receivers and Tax Collectors in this State, and for other purposes.
The Senate took up a resolution of the House of Representatives in relation to charges made on the floor of the United States Senate against the General Assembly of this State, which was referred to the Committee on the State of the Republic.

"368

JouRNAL OF THE SENATE

The Senate took up, as the report of the Committee of the Whole, a bill to amend the jury laws of this State.
The Committee on the Judiciary recommended adversely to its passage.
Mr. Felton moved the previous question, which being seconded, the main question was ordered to be put.
The report was agreed to, and the bill was lost.
The Senate took up and concurred in the amendments -of the House of Representatives to a bill to reduce the compensation of Tax Collectors and Tax Receivers of this State.
The Senate took up a bill to prohibit fishing in the waters -of the county of Irwin, except as therein stated, which was read the second time and referred to the Committee on Agriculture.
The Senate took up a bill to change the line between the counties of Appling and Wayne, which was read the second time and referred to the Committee on New Counties and County Lines.
The Senate took up a bill to prohibit the sale of ardent spirits within three miles of Eureka Mills, in the county of Elbert, which was read the second time and referred to the Committee of the Whole.
The following bills were introduced and read the first time, to-wit :
By Mr. MattoxA bill to authorize Edward J. DeLagne to practice medicine in the county of Liberty. By Mr. PerryA bill to provide for the appointment of a Solicitor for the County Court for the county of Calhoun. Also, a bill to amend an Act to regulate the law of liens in this State, so far as to include architects. The following message was received from his Excellency the Governor, through Mr. \Varren, his Secretary, to-wit:

FEBRUARY I 8, I 876.

369

.Afr. Presidmt :
I am directed by his Excellency the Governor, to deliver to the Senate, a sealed communication, to which he respectfully invite3 the consideration of your honorable body in Executive session.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to organize a Criminal Court for the county of Heard.
The Committee on the Judiciary recommended adversely to its passage. The report was agreed to, and the bill was lost.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to authorize the Ordimry of the county of Fulton, to issue bonds to build a court house for said county.
The Committee on Finance recommended adversely to its passage. The report was agreed to, and the bill was lost.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to abolish the office of County School Commissioner for the county of Fannin, and for other purposes.
The Committee on Education recom:nended adversely to it3 passage. The report was agreed to, and the bill was lost.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to amend an Act for the pervention of cruelty to animals.
The Committee on the Judiciary recommended adversely to its passage. The report was agreed to, and the bill was lost.
The S.:!nate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives making appropriations for the support of the government for the year I876.
On motion, the bill WlS cons!dered by sections. 24

370

JouRNAL OF THE SENATE

The 1st and 2d sections were respectively read and agreed to.
The 3d section was read. The committee moved to amend bypayingto the Messengers and Doorkeepers the sum of eight dollars per day, which was agreed to, and the section as amended was agreed to. The 4th, 5th and 6th sections were read and agreed toThe Committee on Finance moved to amend by adding a section appropriating one hundred and fifty dollars to Sam. \V. Small for services rendered to the State, and the sum of seven dollars and seventy cents for money paid by him for telegraphing for the State, which was agreed to. Mr. Black moved to amend further by appropriating the sum of ten thousand dollars to the Geological Bureau. Pending the consideration of this bill, the hour of adjournment having arrived, the Senate adjourned till 3 o'clock p. m.

AFTERNOON SESSION.
3 O'CLOCK.
The Senate re-assembled, and resumed consideration of a bill of the House of Representatives making appropriations for the support of the Government for the year 1876.
On motion of Mr. Reese, the matter before the Senate was discharged for the present, and the Senate took up a bill of the House of Representatives to encourage the propagation of fish in the waters of this State, and to appropriate money for the carrying out the intentions of this Act; which was read the second time and referred to the Committee on Finance.
The Senate took up the following bills of the House of Representatives, which were read the first time, to-wit:
A bill for the relief of the heirs of John Caldwell, deceased.

FEBRUARY 18, 1876.

371

Also, a bill to punish fceticide or criminal abortion in this State.
Also, a bill to consolidate the offices of County Treasurer and Clerk of the Superior Court for the county of Cobb.
Also, a bill to regulate the compensation of Tax Receiver and Tax Collector dnd Treasurer of the counties of Troup and Coweta.
Also, a bill to establish a County Court for the county of Dodge.
Also, a bill to change the line between the counties of Murray and Gordon.
Also, a bill to prevent camp hunting in the counties of Douglas and Haralson.
Also, a bill to authorize and require the Governor to purchase for the counties of Oconee, Douglas and Mcintosh, certain volumes of the Supreme Court reports, and to appropriate money to pay for the same.
Also, a bill to amend an Act to create a State Board of Health for the protection of life and health, and for other purposes.
Also, a bill for the relief of Thomas W. Davis, late Tax Collector of the county of Bryan.
Also, a bill to prescribe the manner of granting injunctions in certain cases.
Also, a bill to create a Board of Commissioners for the county of Mcintosh, and for other purposes.
Also, a bill to incorporate the Blue Ridge Mining Company.
Also, a bill to authorize the Commissioners of tr.e county of Camden to issue bonds to rebuild the county jail of said county.
Also, a bill to amend an Act for the relief of maimed and indigent soldiers.
Also, a bill for the relief of J. \V. Grubbs, A. G. Inman
and L. D. Matthews, of the county of Burke.

372

JouRNAL OF THE SENATE

Also, a bill to amend the charter of the city of Gainesville, in the county of Hall.
Also, a bill to create a Board of Commissioners for the Gounty of Rabun.
Also, a bill to create a Board of Commissioners for the 'ounty of Oconee.
Also, a bill to amend an Act to create a Board of Commissioners for the county of Bibb, and all Acts amendatory thereof.
Also, a bill to regulate the practice in certain chancery cases in this State, and for other purposes.
Also, a bill to amend the charter of the town of Decatur, in the county of DeKalb.
Also, a bill to regulate the leasing out of Penitentiary convicts by the Governor, and for other purposes.
Also, a bill to repeal sections 1254, 1255, 1256, 1257, 1258, 125;), 126::>, 1261, 1262, 1263, 1264, and 1265 of the Code, and to organize anew the public school system of this State.
The Senate resumed consideration of a bill of the House of Representatives, making appropriation for the support of the Government for the year 1876.
The amendment of Mr. Black was lost. The report as amended was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to amend section 4127 of the Code.
The Committee on the Judiciary recommended adversely to its passage. The report was agreed to, and the bill was lost.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to require Judges of the Superior Courts to give in special harge to grand juries sections 1402 and 1408 of the Code.
The Committee on the Judiciary recommended adversely

FEBRUARY 18, 1876.

to its passage. The report was agreed to, and the bill was lost.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to define the line between the counties of Marion and Chattahoochee.
The Committee on New Counties and County Lines recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to regulate the pay of jurors in the county of Macon.
The Committee on Finance recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to amend the charter of the Commercial Bank of Augusta.
The Committee on Banks recommended its passage. The report was agreed to. The bill was read the third time. Upon the question, "shall this bill now pass?" the yeas and nays were required to be recorded, to-wit :

Those voting in the affirmative are-Messrs.

Black, Cannon, Carter, Deadwiler, Felton, Freeman, Gilmore, Graham,

Hester, Howell, Hudson,
of the 25th, Lester, McAfee,
of the 32d,

McDonald, O'Daniel, Peavy, Perry, Reese, Robinson.

Those voting in the negative are-l\Iessrs.

Brimberry,

Mattox,

Slaughter,

Cooper,

::\fcAfee,

\Vilcox.

Harris,

of the 39th,

Hopps,

Yeas, 19.. Nays, 8.

So the bill was passed by a constitutional majority.

374

JouRNAL OF THE SENATE

The Senate took up, as the report of the Committee of the Whole, a bill of the House of Repre~entatives to amend the charter of the City Bank of Macon.
The Committee on Banks moved to amend by adding a proviso, ''that nothing in this Act contained shall have the effect of diminishing, or in manner removing the personal liability of stockholders for all debts now existing or that hereafter may be incurred by said bank in the prosecution of its business, which was agreed to. The report as amended was agreed to. The bill was read the third time. Upon the question ''.;hall this bill now pass?'' the yeas and nays were required to be recorded, to-wit:

Those voting in the affirmative are-Messrs.

Black,

Graham,

McDonald,

Cannon,

Hester,

O'Daniel,

Carter,

Howell,

Peavy,

Cooper,

Hudson,

Perry,

Crawford,

of the 25th, Reese,

Deadwiler,

Lester,

Robinson.

Felton,

McAfee,

Freeman,

of the 32d,

Gilmore,

Those voting in the negative are-Messrs.

Harris, Hopps, Mattox,

McAfee,

Slaughter,

of the 39th, Wilcox.

Yeas, 21. Nays, 6.

So the bill was passed by a constitutional majority.

The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to authorize the Governor to procure standard weights and measures, and to distribute the same.

The Committe on Finance recommended adversely to its passage. The report was agreed to, and the bill was lost.
The Senate took up, as the report of the Committee of

FEBRUARY IS, 1876.

375

the Whole, a bill of the House of Representatives to fix the salaries of the County Treasurers of the counties of Sumter and Randolph.
The Committee on Finance recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to prescribe the duties of Tax Collectors of the various counties of this State.
The Committee on Finance recommended adversely to its passage. The report was agreed to, and the bill was lost.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to compensate E. C. Murphey and M. \V. Rasbury for services rendered to the State.
The Committee on Finance recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to reduce the bond of the Sheriff of the county of Chattahoochee.
The Committee on Finance recommended its passage. The report was agreed to, and the bill was read the third time and passed.

The senate took up, as the report of the Committee of

the Whole, a bill of the House of Representatives to con-

solidate the offices of Clerk of the Cuperior Court and

Treasurer of the county of Jackson.

The Committee on Finance recommended its passage.

The report was agreed to, and the bi_ll was read the third

...

time and passed.

If.

The following message was reeeived from the House of

Representatives, through Mr. Sweat, the Clerk thereof,

to-wit:

376

JouRNAL OF THE SE~ATE

.Jft. President:
The House of Representatives has passed the following bills, to-wit :
A bill to amend section 2617 of the Code of 1873, relating to the sale of land lying in this State by foreign executors and administrators.
Also, a bill to make and constitute the Sheriff of the county of Cobb ex-officio Tax Collector of said county; to prescribe his duties as such ; to fix the compensation therefor, and for other purposes therein mentioned.
Also, a bill to make penal the harboring, secreting, entertaining, employing or keeping escaped convicts from the Penitentiary and chain gangs of this State, and to prescribe penalties therefor.
Also, a bill to change the time of holding the Superior Court, for the Summer term, for the county of Cherokee, and for other purposes.
Also, a bill to exempt from jury duty in the:courts held in the county of Fulton certain members of the volunteer military company known as the Fulton Blues, and also the members of the Board of Arbitration appointed pursuant to the provisions of the charter of the Atlanta Chamber of Commerce, and for other purposes.
Also, a bill to create and organize a County Court for the county of Habersham, in this State.
Also, a bill to alter and amend an Act entitled)n:Act to designate the holidays to be observed in the acceptance and payment of bills of exchange, bank checks and promissory notes, approved February 23, r875, and when protests and notice to endorsers is necessary and days of grace shall be allowed, and for other purposes therein named.
Also, a bill to alter, amend and consolidate the various road laws applicable to the county of Chatham, and for other purposes.
Also, a bill to amend an Act entitled an Act to amend section 46oo of Irwin's Revised Code, relating to the sale

FEBRUARY 18, 1876.

371

of personal property while under mortgage, by extending the same to fraudulent sale or purchase of crops while under landlords' lien for rent or other cause, approved February 22, 1875.
Also, a bill to prohibit the sale of intoxicating liquors or alcoholic bitters, in quantities less than five gallons, within the corporate limits of the town of Fort Valley, Houston county, Georgia, except in certain cases herein specified, and in less quantity than one gallon within one-half mile of Sunny Side Station, on the Central Railroad, in Spalding- county, and for other purposes.
Also, a bill to amend an Act entitled an Act to provide for a Board of County Commissioners for Decatur county~ and to prescribe and define the powers and duties thereof, approved December 13, 187I, and to confer additional powers on said board.
Also, a bill to prevent the killing of partridges and wild turkeys, by shooting, hunting, trapping, netting and other means, in the county of Greene, and for other purposes.
Also, a bill to provide for the payment of insolvent costs of the officers of the Superior Court of Clarke county.
The House of Representatives has also agreed to the following resolution, in which they ask the concurrence of the Senate, to-wit:
A resolution on the supposed debts of the United States to the State of Georgia for advances to support the war of 1812.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to repeal an Act to consolidate the offices of Tax Collector and Sheriff of the county of Jasper.
The Committee on Finance recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives for the relief of J. E. McGuire, of the county of Bartow.

878

JouRNAL OF THE SENAlE

The Committee on Finance recommended adversely to its passage. The report was agreed to, and the bill was lost.
The Senate took up, as the report of the Committee of the vVhole, a bill of the House of Representatives to abolish the office of County Treasurer of the county of Bibb.
The Committee on Finance recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the vVhole, a bill of the House of Representatives to regulate the sale of ardent spirits in Rutland District, in the county of Bibb, and for other purposes. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the vVhole, a bill of the House of Representatives to regulate the sale of poisons in this State.
The Committee on the Judiciary recommended its passage. The report was agreed to. The bill 'Was read the third time and lost.
The Senate took up, as the report of the Committee of the vVhole, a bill of the House of Representatives to exempt from taxation farm products in the hands of the producer on the Ist day of April after its production.
The Committee on Finance recommended its passage. The report was agreed to. The bill was read the third time. Upon the question, "shall this bill now pass?" the yeas and nays were required to be recorded, to-wit:

Those voting in the affirmative are-Messrs.

Black,

Hopps,

McDonald,

Cannon,

Hudson,

O'Daniel,

Carter,

of the 25th, Peavy,

Deadwiler,

Knight,

Perry.

Felton,

Mattox,

Gilmore,

McAfee,

of the 39th,

FEBRUARY 18, 1876.

379

Those voting in the negative are-Messrs.

Brimberry, Cooper, Crawford, Freeman, Graham, Harris,

Hester, Howell, Lester, Matthews, McAfee,
of the 32d,

Reese, Robinson, Slaughter, Wilcox, 'Wilson.

Yeas, 15. Nays, 16. So the bill was lost.

Mr. Perry, chairman pro tem. of the Committee on Enrollment, made the following report, to-wit:

Mr. President:

The Committee on Enrollment report as duly enrolled and ready for the signatures of the President and Secretary of the Senate, the following bill, to-wit:
A bill to incorporate the Brunswick Bank and Trust Company.

The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to repeal an Act to allow Justices of the Peace to award costs against the prosecutors or accused in their discretion.
The Committee on the Judiciary recommended its passage. The report was agreed to. The bill was read the third time and passed.

The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to amend an Act to regulate the weighing of cotton, corn and other products.
The Committee on Agriculture recommended its passage. The report was agreed to. The bill was read the third time. Upon the question, "shall this bill now pass?" the yeas and nays were required to be recorded, to-wit:

Those voting in the affirmative are-Messrs.

Crawford, Felton,

McDonald, O'Daniel,

Reese, Rutherford,

380

JouRNAL OF THE SE~ATE

Freeman, Graham,

Peavy, Perry,

Wilcox, Wilson.

Lester,

Those voting in the negative are-~Iessrs.

Black, Brimberry,

Hester, Hopps,

Mattox, McAfee,

Cannon, Carter, Cooper, Deadwiler, Gilmore,
Harri~,

HO\vell, Hl!dson,
of the 25th, Knight, nlatthews,

of the 32d. McAfee,
of the 39th, Robinson, Slaughter.

Yeas, 13. Nays, 19.

The Senate took up the following bills of the House of Representatives, which were read the first time, to-wit:

A bill to amend section 2617 of the Code. Also, a bill to amend an Act to create a Board of Commissioners for the county of Decatur.

Also, a bill to amend section 4600 of the Code. Also, a bill to provide for the payment of insolvent criminal costs for the county of Clarke. Also, a bill to exempt from Jury duty the Fulton Blues, of the county of Fulton. Also, a bill to organize a County Court for the county of Habersham. Also, a bill to prevent the killing of partridges or wild turkeys in the county of Greene. Also, a bill to amend and consolidate the road laws ap-

plicable to the county of Chatham. Also, a bill to amend an Act to define the days which
shall be held as holidays, and for other purposes. Also, a bill to constitute the Sheriff of the county of
Cobb ex-officio Tax Collector of said county. Also, a bill to prohibit the sale of ardent spirits in the
town of Fort Valley, in the county of Houston, and for other purposes.

FEBRUARY 18, 1876.

381

Also, a bill to punish persons for harboring escaped Penitentiary convicts.
. Also, a bill to change the time for holding the Superior Court for the county of Cherokee.
Mr. Reese moved that when the Senate adjourn it adjourn until 8 o'clock p. m., which was agreed to.
The Senate took up, as the report of the. Committee of the Whole, a bill of the House of Representatives for the relief of James K. Strickland.
The Committee on Finance moved to amend the report which was agreed to. The report as amended were agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to fix the compensation of the Treasurer of the county of Muscogee. The report 'Yas agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to reenact an Act to organize a Criminal Court for each county so as to make it apply to the county of Bartow. The report was agreed to. The bill was read the third time and passed.
The hour of adjournment having arrived, the Senate adjourned till 8 o'clock p. m.

KIGHT SESSIOX.
8 o'CLOCK P. !\L The Senate re-assembled. On motion of Mr. McDaniel, the Senate went into Executive session. The Senate having returned to open session, took up, as the report of the Committee of the Whole, a bill of the House of Representatives to amend an Act to provide for the payment of school teachers for the county of Camp. bell for the year 187 1.

382

JouRNAL OF THE SENATE

Mr. Cannon moved to amend, so as to include Rabun county, which was agreed to. The report as amended was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to extend the jurisdiction of Justices of the Peace in the town district of the county of Douglas. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole a bill of the House of Representatives to amend an Act to regulate the sale of intoxicating liquors in certain counties therein named, so as to include the county of Douglas. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to provide for payment of claims of county officers of the county of Effingham, of insolvent criminal costs. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to repeal an Act to create a Board of Commissioners for the county of Dooly. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to prevent the sale of intoxicating liquors within one mile of Lulah Church, in the county of Habersham. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to amend section 610, and to repeal section 659 of the Code. The report was agreed to. The bill was read the third time and passed.
The Senate took up, ilS the report of the Co:nmittee of

FEBRUARY 18, 1876.

383

the Whole, a bill of the H:>use of Representatives to amend an Act to create a County Court for the county of Bibb. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to amend an Act to regulate the sale of spirituous liquors in the counties of Newton, Stewart and Jasper. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to amend the charter of the town of Bowdon, in the county of Carroll. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to fix the compensation of jurors and bailiffs in the county of \Vayne. The report was agreed to. The bill was read the third time and passed.
The following message was received from the House of Representatives, through Mr. Sweat, the Clerk thereof, to-wit:
Jlfr. Presidmt :
The House of Representatives have passed the following bills, to-wit:
A bill to amend section 456o of Irwin's Revised Code (second edition), so far as it relates to the arrest of vagrants.
Also, a bill to amend section 1844 of the Code relative to the issuing of executions by Ordinaries against gu;.:rdians in this State.
Also, a bill to amend the law of limitations in this State, and for other purposes.
Also, a bill to reduce the compensation allowed the Tax Collector, Tax Receiver and County Treasurer, on county taxes collected in Butts county, in this State.

.384

JouRNAL OF THE SENATE

Also, a bill to prohibit the sale of intoxicating liquors within the limits of Cross Keys District, DeKalb county, in this State.
Also, a bill to regulate the notice to be given in cases of applications for new public roads, or alterations of old roads, in Macon county.
Also, a bill to prohibit the sale and use of spirituous, malt, or other intoxicating liquors, within three miles cf Camak Church, in the county of \Varren, and prescribe a penalty for the same.
Also, a bill to repeal an Act to prohibit the retail of intoxicating liquors within the incorporation of Hampton, Henry county, Georgia, approved March 6, 1875.
Also, a bill to abolish the City CGurt of Augusta, and for other purposes.
Also, a bill to prescribe and limit the compensation of Tax Receiver and Tax Collector in the county of Bibb for receiving and collecting the county tax of said county of Bibb, and to provide for the payment of the same.
Also, a bill to define the duties and liabilities of the several Overseers and Commissioners of Public Roads in certain cases, and also to direct the disbursement of funds arising from fines collected from defaulting Overseers and road hands.
Also, a bill to repeal certain local Acts for the county of Chatham, so far as they have reference to criminal matters and the criminal costs of Magistrates of Chatham county, to-wit: An Act to repeal an Act entitled an Act to extend the civil jurisdiction of the Justices of the Peace of the dty:of Savannah, and to compel Justices of the Peace and Constables of county districts in the county of Chatham to be residents of the districts of which they are elected, assented to December 21, 1835, so far as the civil jurisdiction of the Justices of the Peace for the I st, 2d, 3d and 4th Districts Georgia Militia, in the city of Savannah, is concerned, and for other purposes.

FEBRUARY 18, 1876.

385

Also, a bill to amend an Act entitled an Act to regulate

the sale of spirituous, vinous and malt liquors in the coun_

ties of Floyd, Dade, Polk, Chattooga, Whitfield, Walker,

Hall, Bartow, Gordon, Coweta, Carroll, Haralson, Mur-

ray, Paulding, and the town of Palmetto, in the county of

Campbell, in the State of Georgia, and for other purposes,

approved February 26, 1875.

,

Also, a bill to protect Ordinaries of this State in estafes

where the administration is vested in the Clerk of the Su-

perior Court.

Also, a bill to amend section 2527 of the Revised Code

of 1873, requiring the returns of administrators to be re-

corded within sixty days from the date of the order admi!:-

ting said returns to record.

Also, a bill to alter and amend an Act entitled an Act

to incorporate the town of Butler, in the county of Tay-

lor, approved August 27, 1872, and for other purposes.

Also, a bill to repeal an Act entitled an Act to create a

Board of Commissioners of Roads and Revenues for the

county of Pierce, approved March 2, 1874.

Also, a bill to prevent the sale of intoxicating liquors in

the 223d and 225th Districts Georgia Militia, known as

Wild Cat and Scull Shoals Districts, in Oconee county.

Also, a bill to prohibit the killing of partridges, wild turkeys and deer, at certain seasons, in the counties of Lowndes, Thomas and Putnam, in this State.

Also, a bill to prescribe the mode and terms of sale of the property of the North & South Railroad Company of Georgia.
Also, a bill to provide for keeping a record of all bond3 issued in this State, and for other purposes.

Also, a bill to amend an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for the counties of Floyd, Berrien, Effingham, Schley, Sumter and Greene, approved December 13, 1871, so far as relates to the county of Sumter, and for other purposes.
25

386

JouRNAL OF THE SENATE

The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to legalize the orders of the Judge of the Superior Court in favor of the county officers of Henry county for extra services. The report was agreed to, and the bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to prevent the sale of ardent spirits within three miles of Union Church, in the county of Richmond, and for other purposes. The report was agreed to, and the bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to provide compensation for the county officers of the county of Oglethorpe, for extra services rendered said county. The report was agreed to. The bill was read the third time and passed.
The s~nate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to prohibit the sale of intoxicating liquors in certain portions of the county of Taylor. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to amend an Act to amend the road laws, so far as they apply to the county of Chatham. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the~House of Representatives to amend the charter of the town of Harlem, in the county of Columbia. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Who~e, a bill of the House of Representatives to provide for the admission of colored deaf mutes into the Insti-

FEBRUARY 18, 1876.

387

tution for the Deaf and Dumb, and to appropriate money to pay for the expenses of the same.
The Committee on the Institution for the Deafand Dumb recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to amend sections 3~9 and 3700 of the Code.
The Committee on the Judiciary recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Repre:.entatives to regulate the compensation of County Treasurer and Tax Collector of the county of Talbot.
The Committee on the Judiciary recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to exempt from jury duty conductors of railroad trains.
The Committee on the Judiciary recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up the following bills of the House of Representatives, which were read the first time, to-wit :
A bill to prevent the sale of ardent spirits in certain portions of the county of Oconee.
Also, a bill to prescribe the mode and time of the North & South Railroad.
Also, a bill to amend section 456o of the Code. Also, a bill to prohibit the sale of ardent spirits in Cross. Keys District, in the county of DeKalb. Also, a bill to repeal an Act to prohibit the sale of ardent spirits in the town of Hampton. Also, a bill to prohibit the killing of partridges and

388

JouRNAL oF THE SENATE

wild turkeys in the counties of Lowndes, Thomas and Putnam.
Also, a bill to reduce the compensation of Tax Collec~or, Tax Receiver and Treasurer, of the county of Butts.
Also, a bill to protect Ordinaries of this :::>tate when administration is vested in the Clerk of the Superior Court.
Also, a bill to amend an Act to create a Board of Commissioners for the counties of Floyd and others, so far as ;relates to the county of Sumter.
Also, a bill to repeal certain local Acts in reference to -criminal matters, and the criminal costs of Magistrates, of the county of Chatham, and for other purposes.
Also, a bill to amend an Act to regulate the sale of .spirituous liquors in certain counties therein named, approved February 26, 1875.
Also, a bill to abolish the City Court for the city of Augusta.
Also, a bill to amend section 2527 of the Code. Also, a bill to prescribe the compensation of Tax Re-ceivers and Tax Collectors for the counties of Bibb, and for other purposes.
Also, a bill to amend the last three lines of section 3d of an Act, approved March 3, 1874, to provide for the payment of the claims of school officers and teachers for services rendered in the year 1871, so far as the same relates to the county of Campbell.
Also, a bill to define the duties and liabilities of the se\eral Overseers and Commissioners of Public Roads in cer.tain cases.
Also, a bill to repeal an Act to create a Board of Commissioners for the county of Pierce.
Also, a bill to amend the charter of the town of Butler, in the county of Taylor.
Also, a bill to amend the law of limitations in this State. Also, a bill to amend section 1844 of the Code. Also, a bill to prohibit the sale of intoxicating liquors

FEBRUARY 19, 1876.

389J

within three miles of Camak Church, in the county o[ Warren.
Also, a bill to provide for keeping a record of all bonds issued by the State.
Also, a bill to regulate the notice to be given in cases of" application for new public roads in the county of Macon.
The Senate, on motion, then adjourned till 10 o'clock to-morrow morning.

SENATE CHAMBER, ATLA~TA, GA.,

}

Saturday, February 19, 18;6, 10 o'clock a. m.

The Senate met according to adjournment, and was opened with prayer by the Chaplain.

The roll was called, and the following Senators were present and answered to their names, to-wit-Messrs.

Arnow, Black, Brimberry, Cain, Cannon, Carter, Chastain, Cooper, Crawford, Deadwiler, DuBose, Felton, Freeman, Gilmore, Graham,

Harris, Hester, Hopps, Howell, Hudson,
of the 25th, Hudson,
of. the 28th, Kibbee, Knight, Lester, Matthews, Mattox, McAfee,
of the 32d,

McAfee, of the 39th,
McDaniel, McDonald, O'Daniel, Peavy, Perry, Reese, Robinson, Rutherford, Slaughter, Wilcox, \Vilson, Winn, MR. PRESIDENT.

Mr. Kibbee moved to reconsider so much of the Journal of yesterday as relates to the loss of a bill of theHouse of Representatives to regulate the sale of poisons in. this State, which was agreed to.

390

JouRNAL OF THE SEXATE

Mr. Reese moved to reconsider so much of the Journal of yesterday as relates to the loss of a bill of the House of Representatives to amend section 4127 of the Code, which was agreed to.
Mr. Felton moved to reconsider so much of the Journal of yesterday as relates to the loss of a bill of the House of Representatives to amend an Act to regulate the weighing of corn, cotton, rice, and other agricultural products, which was agreed to.
Mr. Slaughter moved to reconsider so much of the Journal of yesterday as relates to the loss of a bill of the House of Representatives to organize a Criminal Court for the county of Heard, which was agreed to.
Mr. Lester moved to reconsider so much of the Journal of yesterday as relates to the loss of a bill of the House of Representatives to authorize the Governor to procure standard weights and measures, and to distribute the same, which was agreed to.
Mr. Howell moved to reconsider so much of the Journal of yesterday as relates to the loss of a bill of the House of Representatives to authorize the Ordinary of the county of Fulton to issue bonds to build a court house for said county, which was agreed to.
Mr. Kibbee, chairman of the Committee on Finance, made a report, which was read.
Mr. Graham, from the Committee on Internal Improvements, made a report, which was read.
Mr. Crawford offered a memorial of citizens of the city of Columbus in reference to the North & South Railroad, which was received.
Mr. Hester, chairman of the Committee on New Counties and County Lines, made a report, which was read.
The Senate took up the message of his Excellency the Governor in reference to the Macon & Brunswick Railroad, which was read and referred to the Committee on Finance.

FEBRUARY 19, 1876.

391

Leave of absence was granted to Mr. \Vinn for to-day. The following message was received from the House of Representatives, through Mr. Sweat, the Clerk thereof, towit:
Mr. President : The House of Representatives has passed the following
bills, to-wit : A bill to suppress and prohibit the sale of spirituous and
intoxicating liquors within two miles of the town of Jacksonville, Telfair county, Ga., and for other purposes.
Also, a bill to repeal the Act of October 18, 1870, .amending the Act of incorporation of the First Presbyte. rian Church in Augusta.
Also, a bill to prevent persons from fishing and hunting <>n the premises of others, in the county of Macon.
Also, a bill to amend an Act entitled an Act to authorjze the Governor to farm or lease out the convicts of the Penitentiary of the State of Georgia, approved March 2, 1874, and for other purposes.
Also, a bill to amend an Act entitled an Act to incorporate the town of Whitesburg, in the county of Carroll, approved March 2, 1874.
Also, a bill to amend an Act entitled an Act to regulate the sale of vinous and malt liquors in the counties of Floyd, Dade, Polk, Chattooga, vVhitfield, \Valker, Hall, Bartow, Gordon, and certain other counties in this State, and for -other purposes.
Also, a bill to appropriate money to David Cleage, in settlement of certain certificates of the Western & Atlantic Railroad, and for other purposes.
Also, a bill to better prevent the sale of intoxicating liquors within the corporate limits of the towns of Carrollton, Bowdon, Whitesburg and Villa Rica, in the county of ~; Carroll.
Also, a bill for the relief of G. W. Cochran and Thomas

392

joURNAL OF THE SENATE

Leslie, securities on an appearance bond of D. G. Whitman, from liability on said bond, and for other purposes.
Also, a bill to authorize the Governor to draw his warrant on the treasury of the State for a sum sufficient t<> pay for certain services hereinafter mentioned, and for other purposes.
Also, a bill to amend the Act incorporating the town of Homerville, in the county of Clinch, approved February IS, 1869.
Also, a hill to prevent persons from fishing and hunting on the premises of others in the county of Macon.
Also, a bill to prohibit the sale of spirituous, malt or other intoxicating liquors within the incorporation of the town of Warrenton, and within a radius of two miles of said incorporation, and to provide a punishment for the same.
Also, a bill to amend an Act to incorporate the town of Statenville, so as to vest the municipal authority of said town in a Mayor and three Aldermen, and for other purposes.
Also, a bill to amend an Act to create a County Court in each county of the State of Georgia, except certain counties therein mentioned, so far as the same applies tothe county of Oconee.
Also, a bill to regulate the sale of spirituous or intoxicating liquors of any kind in the county of Cobb, and for other purposes.
Also, a bill to create a Board of Commissioners of Roads. and Revenues for the county of Early, and to define the duties of the same.
Also, a bill to fix the manner in which judgments of foreclosure may be taken upon mortgages given to Building and Loan Associations.
Also, a bill to amend an Act to incorporate the town of Whitesburg, in the county of Carroll, approved March 2.
!874 Also, a bill to amend section 456o of Irwin, Lester an
Hill's Revised Code, in regard to vagrancy.

FEBRUARY 19, 1876.

393"

Also, a bill to amend section 3309 of the Code of 1873, relating to notice to be served on the defendant in case of attachment.
Also, a bill to amend an Act to create a Board of Commissioners of Roads and Revenues in the county of Harris, assented to March 17, 1869, so far as to make it applicable to the counties of Spalding and Butts, approved February 5, 1873.
Also, a bill to relieve the obligors on a penal bond for the appearance of Waldemar Moody at the Superior Court of Greene county, Georgia.
Also, a bill to amend an Act entitled an Act to make the County Court of Hancock county a Court of Record, and for other purposes, approved March 2, 1875, and to regulate the fees of the Judge, and for other purposes.
Also, a bill to amend an Act to organize a County Court in each county of the State, so as to add to said Act the office of County Solicitor of the county of Calhoun.
Also, a bill to prevent persons from fishing in any manner in the waters of Lake Douglas, in Decatur county, and for other purposes.
Also, a bill to incorporate the Tallapoosa Mining Company.
Also, a bill to repeal section 798 of the Revised Code. of Georgia, referring to persons and property exempt from taxation, and for other purposes therein mentioned.
Also, a bill to amend section 4127 of the Code of 1873, relating to jury fees for decrees, verdicts, confessions of judgment, and for other purposes.
Also, a bill to amend section I 676 of the Code, relative to the creation of corporations by the Superior Courts of this State, and for other purposes.
Also, a bill to enable and authorize the Judges of the: Supreme Court, in their discretion, to purchase or to have purchased for the use of the State Library, by the Library fund, now in their control, the fifty years' bound files of

394

JOURNAL OF THE SENATE

the gazette formerly published at Milledgeville, called the Southern Recorder.
Also, a bill to alter and amend an Act to create a County Court in each county of the State of Georgia, except certain counties therein mentioned, approved January 19, 1872.
Also, a bill to change the county line between the counties of Houston and Macon, and Stewart and Randolph.
The Senate took up the following bills, which were read the second time and referred to the Committee of the Whole, to-wit :
A bill to authorize Edward J. DeLagne to practice medicine and charge for the same.
Also, a bill to provide for the appointment of Solicitor of the county of Calhoun.
The Senate took up a bill to amend the laws regulating liens, which was read the second time and referred to the Committee on the Judiciary.
The Senate took up, as the report of the Committee of the \Vhole, a bill to change the line between the counties of Appling and Wayne.
The Committee on New Counties and County Lines recommended its passage. The report was agreed to, and the bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill to prohibit the sale of intoxicating liquors within three miles of Eureka Mills, in the county of Elbert.
Mr. Hester moved to amend by extending the provisions of the bill to Dove's Creek Baptist Church, which was agreed to. The report as amended was agreed to. The bill was read the third time and passed.
The Senate took up the following bills of the House of Representatives, which were read the second time andreferred to the Committee on the Judiciary, to-wit:
A bill to authorize the transfer of criminal cases pending in the Superior Court of the county of Taylor to the Criminal Court of said county.

FEBRUARY 19, 1876.

395

Also, a bill to amend section 2527 of the Code.

Also, a bill to abolish the City Court of the city of Augusta.

Also, a bill to regulate the granting of injunctions in

this State.



Also, a bill to amend an Act to amend section 46oo of the Code.

Also, a bill to create a County Court for the county of Habersham.

Also, a bill to prescribe the compensation of Tax Receiver and Tax Collector, in the county of Bibb.

Also, a bill to organize a County Court for the county of Dodge.
Also, a bill to amend the law relative to criminal costs in the Justices' Court of the county of Chatham, and for other purposes.
Also, a bill to amend section I 844 of the Code. Also, a bill to protect Ordinaries in cases where administration of estates is vested in the Clerk of the Superior
ro Courts. Also, a bill prevent and punish fceticide in this State. Also, a bill to amend the law relative to public holidays so far as is applicable to days of grace.
Also, a bill to make it penal to harbor escaped convicts.

Also, a bill to amend the limitations of this State.

Also, a bill to authorize the keeping a record of all bonds issued by the State.
Also, a bill to amend section 26 I 7 of the Code. Also, a bill to regulate the practice in trials of chancery cases in this State. Also, a bill to amend an Act to create a State Board of Health, and for other purposes.

Also, a bill to amend the road laws so far as they apply to the county of Chatham.
Also, a bill to providefor the payment of insolvent costs

396

JouRNAL OF THE SENATE

to the officers of the Superrior Court for the county of Clarke.
Also, a bill to consolidate the office of Treasurer with

the office of Clerk of the Superior Court for the county of

Cobb, and for other purposes.

Also, a bill to amend section 4560 of the Code. Also, a bill to define the duties of Overseers and Com-

missioners of Roads, and for other purposes.

The Senate took up a bill of the House of Representa-

tives to reorganize the public school system of this State, which was read the second time and referred to the Committe on Education.

The Senate took up the following bills of the House of Representatives, which were read the second time andre-

ferred to the Committee on Finance, to-wit : A bill to prescribe the mode and terms of sale of the

North & South Railroad.

Also, a bill to appropriate money for Solomon F. Williams, of the county of Carroll.
Also, a bill for the relief of the sureties of R. C. Wim-

berly, of the county of Burke.



Also, a bill for the relief of Thos. W. Davis, of the

county of Bryan.

Also, a bill for the relief of the heirs of John Caldwell. Also, a bill to constitute the Sheriff of the county of Cobb ex-officio Tax Collector of said county.

Also, a bill to authorize the Governor to purchase Su-

preme Court reports for the counties of Oconee, Douglas

and Mcintosh.

Also, a bill to amend an Act for the relief of maimed and indigent soldiers.

Also, a bill to regulate the compensation of Tax Collector, Tax Receiver and Treasurer of the county of

Troup.

The Senate took up a bill of the House of Represen ta

tives to regulate the leasing out of Penitentiary convicts.

FEBRUARY 19, 1876.

397

and for other purposes, which was read the second time and referred to the Committee on the Penitentiary.
The Senate took up the following bills of the House of Representatives, which were read the second time and referred to the Committee on Internal Improvements, to-wit:
A bill to incorporate the Blue Ridge Mining Company. Also, a bill to amend the charter of the town of Butler, in the county of Taylor. The Senate took up a bill of the House of Representatives to exempt from jury duty the members of the Fulton Blues, in the county of Fulton, which was read the second time and referred to the Committee on the Military. The Senate took up a bill of the House of Representatives to change the line between the counties of Murray and Gordon, which was read the second time and referred to the Committee on New Counties and County Lines. The Senate took up the following bills of the House of Representatives, which were read the second time and referred to the Committee of the Whole, to-wit: A bill to prevent camp hunting in the county of Douglas. Also, a bill to prohibit the sale of intoxicating liquors within the corporate limits of the town of Fort Valley, in the county of Houston. Also, a bill to prevent the sale of intoxicating liquors in certain portions of the county of Oconee. Also, a bill to prevent the killing of partridges and wild turkeys in the county of Greene. Also, a bill to create a Board of Commissioners for the county of Mcintosh. Also, a bill to repeal an Act to create a Board of Cornmissioners for the county of Pierce. Also, a bill to amend an Act to create a Board of Cornmissioners for the county of Bibb. Also,-a bill to regulate the sale of ardent spirits within the Cross Keys District of the county of DeKalb.

398

JouRNAL OF THE SENATE

Also, a bill to prohibit the sale of intoxicating liquors

within three miles of Camak Church, in the county of

Warren.

Also, a bill to repeal an Act to prohibit the sale of

ar.dent spirits in the corporate limits of the town of Hamp,

ton.

Also, a bill to amend an Act to create a Board of Com-

missioners for the county of Sumter.

Also, a bill to exempt from jury duty the members of

the Washington Rifles and Washington County Dragoons.

Also, a bill to authorize the Commissioners of the county

of Camden to issue bonds to build a county jail.

Also, a bill to prescribe the notice to be given upon ap-

plications for opening public roads in the county of Ma-

con.

Also, a bill to reduce the compensation of Tax Collector

of the county of Butts.

Also, a bill to amend an Act to regulate the sale of in-

toxicating liquors in certain counties therein named.

Also, a bill for the protection of game in the counties of

Lowndes, Thomas and Putnam.

Also, a bill to amend the charter of the town of Gaines-

ville, in the county of Hall.

Also, a bill to amend an Act to create a Board of Com-

missioners for the county of Decatur.

Also, a bill to create a Board of Commissioners for the

county of Oconee.

Also, a bill to amend an Act to create a Board of Com-

missioners for the county of Habersham.

Also, a bill to amend the charter of the town of Deca-

tur.

'

Also, a bill to change the time for holding the Superior

Court for the county of Cherokee.

The Senate, on motion, took up, as the report of the

Committee of the:: Whole, a bill to make it penal to catch

fish in the waters of the Allapa~a river, within the county

of Irwin, with traps or nets.

FEBRUARY 19, 1876.

399'

The Committee on Agriculture recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up the following bills of the House of Representatives, which were read the first time, to-wit:
A bill to prohibit the sale of intoxicating liquors within two miles of the town of Jacksonville, in the county of Telfair.
Also, a bill to repeal an Act to amend the charter of the First Presbyterian Church of Augusta.
Also, a bill to prevent hunting on the lands of another in the county of Macon.
Also, a bill to authorize the Governor to hire out the convicts of the Penitentiary of this State.
Also, a bill to amend the charter of the town of Whitesburg, in the county of Carroll.
Also, a bill to amend an Act to regulate the sale of intoxicating liquors for certain counties therein named.
Also, a bill to appropriate money to pay David Cleage.
Also, a bill to better prevent the sale of intoxicating liquors in the town of Carrollton.
Also, a bill for the relief of G. W. Cochran and Thomas Leslie, securities on the appearance bond of D. G. Whitman.
Also, a bill to authorize the Governor to draw his warrant on the treasury of the State for a sum sufficient to pay for certain services hereinafter mentioned.
Also, a bill to amend the charter of the town of Homerville.
Also, a bill to prevent persons from fishing and hunting on the premises of others, in the county of Macon.
Also, a bill to prohibit the sale of spirituous liquors in the town of Warrenton.
Also, a bill to amend the charter of Statenville. Also, a bill to amend an Act to create a County Court for the county of Oconee.

400

JOURNAL OF THE SENATE

Also, a bill to regulate the sale of spirituous liquors in the county of Cobb.
Also, a bill to create a Board of Commissioners for Early .county.
Also, a bill to fix the manner in which judgments of foreclosure upon mortgages given to Building and Loan Associations.
Also, a bill to amend the charter of vVhitesburg. Also, a bill to amend section 4560 of the Code. Also, a bill to amend section 3309 of the Code. Also, a bill to amend an As:t to create a Board of Commissioners, so as to apply to the counties of Spalding and Butts. Also, a bill for the relief of\Valdemar Moody, of Greene county. Also, a bill to amend an Act to create a County Court for Hancock county. Also, a bill to amend an Act to create a County Court for the county of Calhoun. Also, a bill to prevent persons from fishing in the waters of Lake Douglas. Also, a bill to incorporate the Tallapoosa Mining Company. Also, a bill to repeal section 798 of the Code. Also, a bill to amend section 4127 of the Code. Also, a bill to amend section 1676 of the Code. Also, a bill to authorize the Judges of the Supreme Court to purchase for use of the State Library, the fifty years bound files of the gazette, formerly published at Milledgeville, called the Southern Recorder. Also, a bill to amend an Act to create a County Court in each county in this State, except certain counties therein mentioned. Also, a bill to change the line between the counties of Houston and Macon, and Stewart and Randolph.
The Senate took up, as the report of the Committee of

FEBRUARY 19, x8;6.

401

the Whole, a bill of the House of Representatives to authorize the Governor to draw his warrant on the treasury to pay Messrs. Ragland and \Vynne, proprietors of the Columbus Enquz"rer, for printing done for the State.
The Committee on Finance moved to amend by inserting the figures "xS;o" before "ISJI," which was agreed to. The report as amended was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to compensate W. W. Montgomery and Claiborne Snead for legal services rendered to the State.
The Committee on Finance recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to grant privilege to 0. S. Porter and others, of the county of Newton, to erect a dam across Yellow river.
The Committee on Internal Improvements recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to .amend the charter of the city of Americus, and for other purposes.
The Committee on Internal Improvements recommended its passage. The report was agreed to. The biil was read the third time and passed.
The Senate took up, as the report of the Committee of the 'Whole, a bill of the House of Representatives to amend the charter of the town Jonesboro, in the county of Clayton.
The Committee on Internal Improvements recommended its passage. The report was agreed to. The bill was read the third time and passed.
26

402

JoURNAL OF THE SENATE

The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to limit the power of the municipal authorities of the city of Augusta to issue bonds, 2.nd for other purposes.
The Committee on Finance recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to amend the charter ot the city of Madison.
The Committee on Internal Improvements recommended' its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to incorporate the town of Crawford, county of Oglethorpe.
The Committee on Internal Improvements recommended its passage. The repon was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the vVhole, a bill of the House of Representatives to amend the charter of the to\vn of Wrightsville, in the county of Johnson.
The Committee on Internal Improvements recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to change the Northern terminus of the Marietta & North Georgia Railroad, and for other purposes.
The Committee on Internal Improvements recommended its passage. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to require the payment of moneys arising from fines and

FEBRUARY 19, 1876.

403

forfeitures into the county treasury, and to regulate the dis-

bursement of the same. The Committee on the Judiciary recommended its pass-

age. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House of Representatives to amend

the jury laws so far as they apply to the county of Rich-

mond.

The Committee on the Judiciary recommended its pass-

age. The report was agreed to. The bill was read the

third time and passed. Mr. Freeman, chairman of the Committee on Enroll-

ment, made the following report, to-wit:

Jlfr. President: The Committee on Enrollment report as duly signed by

the President and Secretary of the Senate, and Speaker and Clerk of the House of Representatives, and ready for transmission to his Excellency the Governor, a bill to

incorporate the Brunswick Bank and Trust Company.

The Senate took up, as the report of the Committee of

the \Vhole, a bill of the House of Representatives to

create a Board of Commissioners for the county of Lee.

The report was agreed to. The bill was read the third

time and passed.

The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives to incor-

porate the Middle Georgia Co-operative Association of the

Patrons of Husbandry.

The Committee on Banks recommended its passage. The report was agreed to. The bill was read the third

time. Upon the question, "shall this bill now pass?" the yeas and nays were required to be recorded, to-wit:

Those voting in the affirmative are-Messrs.

Arnow,

Gilmore,

McDaniel,

Black,

Graham,

McDonald,

404

JouRNAL oF THE SENATE

Cain, Cannon, Carter, Crawford, Deadwiler, Felton, Freeman,

Hester, Hudson,
of the 28th, Kibbee, Lester, McAfee,
of the 32d,

O'Daniel, Peavy, Reese, Rutherford, \Nilson.

Those voting in the negative are-Messrs.

Cooper, Hopps, Mattox,
Yeas, 23.

McAfee, of the 39th,
Nays, 6.

Slaughter, Wilcox.

So the bill was passed by a constitutional majority.

The follO\ving message was received from the House of Representatives, through Mr. Sweat, the Clerk thereof, to-wit:

Mr. President : The House of Representatives have passed the following
bills, to-wit : A bill to amend an Act to incorporate the town of
Barnesville, in the county of Pike, and for other purposes, assented to February 20, 1854, and to amend an Act conferring additional powers upon the corporate authorities of the town of Barnesville, in the county of Pike, approved December I 1, 1871, and to confer additional powers upon the corporate authorities of said town.
Also, a bill to amend an Act to create a Board of Commissioners of Roads and Revenues for the county of Houston, and for other purposes.
Also, a bill to incorporate the Traders and Planters Savings Bank of Rome, Georgia.
Also, a bill to prohibit the sale of intoxicating liquors within three miles of Oak Grove Church, in Macon county.
Also, a bill to authorize and empower the Mayor and

FEBRUARY 19, 1876.

405

City Council of Rome to adjust and settle the bonded debt

of the city, and to provide for the payment of the same.

Also, a bill to organize a Criminal Court for the county

of Decatur, and to define its jurisdiction, and for other

purposes.

Also, a bill to prescribe an oath for special bailiffs of Su-

perio(Courts. Also, a bill to amend an Act entitled an Act to amend

section 4441 of the Code of Georgia, in relation to hunt-

ing on lands in this State, so far as the same applies to the

counties of Richmond, Columbia, Troup, Jefferson, Mc-

Duffie and Lincoln.

Also, a bill to amend an Act incorporating the town of

Smyrna, in the county of Cobb; to appoint Commissioners

for the same ; to define the corporate limits of said town;

to confer certain powers upon the officers of said corpora-

tion, and for other purposes, approved August 23, 1872.

Also, a bill to define the duties and fix the liability' of

receivers appointed for railroad companies, in certain

cases, and to create liens in favor of certain creditors, and

provide for the enforcement of such liens, and for other

purposes.

Also, a bill to relieve the Ruilding and Loan Associa-

tions in this State from liability to certain taxes of and for

the year 1875, herein mentioned, and for other purposes.

The House of Representatives have agreed to the follow-

ing resolution, and ask the concurrence of the Senate, to-

wit: _A resolution in relation to the adjournment of the Gen-

eral Assembly, and the committee appointed on the part

of the House are Messrs. Hoge and Candler.



The House of Representatives have abo passed the fol-

lowing bill of the Senate by substitute, in which they ask the concurrence of the Senate, to-wit :

A bill to authorize the issue of bonds of the State where-

with to retire, by exchange, the .recognized bonds of the

406

JouRNAL oF THE SENATE

Macon & Brunswick and North & South Railroads, and for other purposes.
The Senate took up, as the report of the Committee of the Whole, a reconsidered bill of the House of Representatives to amend section 4127 of the Code.
The Committee on the Judiciary recommended adversely to its passage. The report was not agreed to. The bill was read the third time and passed.
The hour of adjournment having arrived, the Senate-adjourned till 3 o'clock p. m.

AFTERNOON SESSIOX.
3 o'CLOCK.
The Senate met pursuant to adjournment-the President pro tem. in the chair.
On motion of Mr. Kibbee, the rules were suspended, when the resolution of the House in relation to the adjournment of the General Assembly sine die, was taken up and concurred in. In pursuance of the same, the President protem. appointed Mr. Kibbee, on the part of the Senate.
On motion of Mr. Reese, leave of absence was granted Mr. Cain for this evening, on important business.
On motion of Mr. Kibbee, leave of absence was granted Mr. Simmons, President of the Senate, until Monday next.
The Senate took up, as the report of the Committee of the Whole, the bill of the House of Representatives to be entitled an Act to amend an Act entitled an Act to create a County Court in each county of this State, except certain counties therein mentioned, approved J~nuary 19, 1872, and the Act amendatory thereof, in so far as relates
to the counties of Troup and Baldwin, approved March 5,
1875, in so far as relates to the county ofTroup, and to more clearly define the criminal jurisdiction and practice in the County Court of Troup county. The report was agreed to. The bill was read the third time and passed ; and, on

FEBRUARY 19, 1876.

407

motion of Mr. Peavy, ordered to be transmitted to the House of Representatives without delay.
The Senate took up, as the report of the Committee of the Whole, the reconsidered bill of the House, to be entitled an Act to amend an Act entitled an Act to regulate the weighing of cotton, rice, and other agricultural products, and to prescribe a penalty for a violation of the same, approved March 2, 1875. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, the reconsidered bill of the House to be entitled an Act to regulate the sale of poisons in this State. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, the bill of the House to be entitled an Act to incorporate the Northwestern Railroad Company, and for -other purposes. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, the reconsidered bill of the House to be entitled .an Act' to organize a Criminal Court for the county of Heard.
The report of the Judici try Committee, which was ad-
verse to the passage of the bill, was disagreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, the bill of the House to be entitled an Act to .create a Commissioner of Roads and Revenues in the county of Troup, and for other purposes. The report was agreed to. The bill was read the third time and passed.
The following message was received from the House of Representatives, through Mr. Sweat, the Clerk thereof, towit: Mr. President:
The House of Representatives has passed the following bills, to-wit:

408

JouRNAL OF THE SENATE

A bill to incorporate the town of Oconee, in the county of Washington; to provide for the election of Commissioners for the same ; to define the corporate limits of said town, and to confer certain powers upon the officers or said corporation.
Also, a bill to provide for the payment of school officers and teachers for services rendered in Whitfield county~ during the year 1871.
Also, a bill to create a Board of Commissioners of Roads and Revenues for the county of Johnson, and to define its powers and duties.
Also, a bill to appropriate money for the use and improvement of the State Lunatic Asylum.
Also, a bill to repeal an Act entitled an Act to reduce the official bond of the Sheriff of the county of Heard, and increase the bonds of the Ordinary and Sheriff of Dougherty county, approved August 19, 1872, so far as the same applies to the bond of the Sheriff of Dougherty county.
Also, a bill to amend an Act entitled an Act to regulate the sale of spirituous, vinous or malt liquors in the counties of Floyd, Dade, Polk, Chattooga, Whitfield, Walker, Hall, Bartow, Gordon, Coweta, Carroll, Haralson, Murray, Paulding, and the town of Palmetto, in the county of Campbell, in the State of Georgia; and for other purposes.
Also, a bill to change the line between the counties of Randolph and Terrell.
Also, a bill to consolidate the offices of Sheriff and Tax Receiver, and Clerk of the Superior Court and Tax CoL lector in the county of Oconee.
Also, a bill to make the Tax Collector ex-officio Sheriff
for the purpose of collecting all tax fl. fas., so far as relates.
to the counties of Troup, Emanuel and Douglas, and to provide compensation for the same.
Also, a bill to regulate the fees of Constables in the county of Wilkes, as far as the same relates to the levying
or settling and collection of tax ft. [as. not over fifty
dollars, in said county, and for other purposes.

FEBRUARY 19, 1876.

409>

Also, a bill to encourage valuable immigration into this. State, and to appropriate money for that purpose.
Also, a bill to provide for the dissolution of grand juries. in certain cases, and for the reorganization of the same,. and for other purposes.

The Senate took up, as the report of the Committee of the Whole, the bill of the House of Representatives to be entitled ''an Act to incorporate the Provident Savings and Loan Association of Savannah." The report was agreed to. The bill was read the third time, and on the question, ''shall this bill now pass?" the yeas and nays were recorded, to-wit:

Those voting in the affirmative are-Messrs.

Brimberry, Cannon, Carter,

Graham, Hester, Hudson,

McAfee, of the 32d,.
McDaniel,

Crawford, Deadwiler, DuBose, Felton, Freeman, Gilmore,

of the 25th, Hudson,
of the 28th, Knight, Lester, Matthews,

McDonald, Peavy, Perry, Reese, Robinson, Rutherford.

Those voting in the negative are-Messrs.

Cooper, Hopps,

McAfee,

Slaughter.

of the 39th,

Yeas, 24. Nays, 4

So the bill was passed by the constitutional majority of two-thirds.

The Senate took up, as the report of the Committee oi the Whole, the bill of the House of Representatives to be entitled an Act to re-organize the Government of the State University, and for other purposes.
The Committee on Education, to whom this bill was referred, reported adversely to its passage.

Mr. Cooper moved to lay the bill on the table for the

410

JouRNAL OF THE SENATE

present, and to print the same. The motion did not prevail.
On motion of Mr. DuBose, the report of the Committee on Education was disagreed to, when he offered to amend the bill as follows: strike out the zd section, and insert the following, to-wit:
Be t furt/zer enacted, etc., That at the original organization of said Board of Trustees the members of the same shall be chosen as follows : The several Judges of the Supreme Court and the present Board of Trustees shall assemble in the city of Atlanta, on the first Wednesday in May, 1876, and shall, by ballot, elect the members of said Board; the members of the present Board of Trustees to be all elected by said Judges as members of said new Board of Trustees. The said Judges shall have authority to adjourn from day to day until the completion of the election of the members of said Board.
Amend section 3d, by striking from the same the word "Governor," and inserting the words " said Judges." Also, strike from said section the word ''appointed," wherever the same occurs in said section, and insert the word "elected" in lieu thereof. Also, strike from the said section the word "him," and insert the word "them" in lieu thereof.
From section 6th strike all in relation to mileage of regents.
Mr. Reese moved that the bill and proposed amendments be referred to a special committee of five, with instructions to report on the same Monday morning next. This motion was withdrawn.
After discussion, Mr. McAfee, of the 32d District, called the' previous question, but, by request, withdrew the call, which was renewed by Mr. Deadwiler, and sustained.
The main question was put, to-wit: ''the question of agreeing to the amendments offered by Mr. DuBose." The same were agreed to. The report as amended was adopted.

FEBRUARY 19, 1876.

411

The bill was read the third time, and on the question of its passage, the yeas and nays were required to be recorded, to-wit:

Those voting in the affirmative are-Messrs.

Arnow, Black, Brimberry, Carter, Deadwiler, DuBose, Freeman, Gilmore, . Harris,

Hopps, Hudson,
of the 25th, Kibbee, Knight, Lester, Matthews, McAfee,
of the 32d,

McAfee, of the 39th,
O'Daniel, Perry, Robinson, Slaughter, Wilcox, \Vilson .

Those voting in the negative are-Messrs.

Cannon,

Graham,

Cooper,

Hester,

Crawford,

Howell,

Felton,

Yeas, 23. Nays, 10.

So the bill was passed as amended.

Hudson,ofthe 28th, McDaniel, McDonald.

Mr. Howell gave notice that he would move its reconsideration on Monday.

Mr. Reese was, on his request, excused from voting on the passage of the foregoing bill.

Mr. Kibbee, from the Joint Committee on adjournment, made the following report, to-wit:

Mr. President:

The Joint Committee of the Senate and House, ap-

pointed to ascertain and report the state of the business of

the two Houses, respectfully submit :

In Senate, for Ist reading-House bills .

9

In Senate, for 2d reading-House bills

29

In Senate, for 3d reading-House bills .

I5

In Senate, for 3d reading-Senate bills .

25

House and Senate resolutions . .

3

412

JouRNAL oF THE SENATE.

In House, for 1st reading-Senate bills .

30

In House, for 2d reading-Senate bills .

38

In House, for 3d reading-Senate bills .

So

In House, for 3d reading-House bills .

136

House resolutions . . . . . . .

18

Senate resolutions . . . . . .

3

CHARLES C. KIBBEE, of Senate.

E. F. HOGE, of House. A. D. CANDLER, of House.

Mr. Kibbee, from the Finance Committee, submitted a report which was received without being read.

On motion of Mr. McDaniel, the rules were suspended

for the purpose of reading House bills the first time.

The following message was received from the House of

Representatives, through Mr. Sweat, the Clerk thereof.

to-wit:

Mr. President :

The House of Representatives have agreed to the following resolution by the requisite constitutional majority, of

yeas, 95 ; nays, 12; in which they ask the concurrence of

the Senate, to-wit:

A resolution prolonging the present session of the Geneneral Assembly until Wednesday, 12 o'clock p. m., on the 23d instant.

The House of Representatives has concurred in certain Senate amendments, and has disagreed to certain others,

to the following bills of the House, to-wit :

A bill to authorize the Grangers Life and Health Insurance Company to create and establish a State Department in this State.
Also, a bill to change and define the corporate limits of the town of Camilla, in the county of Mitchell.

The House has also passed the following bills, to-wit :

A bill to amend an Act to prescribe the mode of granting license to Sell intoxicating liquors in the counties of

FEBRUARY 19, 1876.

413

Jefferson, Burke and \Vashington, approved February 20,
1873 Also, a bill to reduce the commissions of the County
Treasurer of the county of Clay. Also, a bill to prohibit the sale of spirituous liquors
within three miles in every direction from Island Creek Church, in Hancock county.
The following bills of the House were read the first time, to-wit:
A bill to consolidate the offices of Sheriff and Tax Receiver, and Clerk of the Superior Court and Tax Collector in the county of Oconee.
Also, a bill to provide for the payment of school officers and teachers for services rendered in Whitfield county.
Also, a bill to regulate the fees of Constables in the county of Wilkes, as far as the same relates to the levying and set-
tling and collection of tax .ft. fas., not over fifty dollars in
said county, and for other purposes. Also, a bill to encourage valuable immigration into this
State, and to appropriate money for that purpose. Also, a bill to repeal an Act entitled an Act to reduce
the official bond of the Sheriff of the county of Heard, and increase the bonds of the Ordinary and Sheriff of Dougherty county, approved August 19, 1872, so far as relates to the bond of the Sheriff of Dougherty county.
Also, a bill to make the Tax Collector ex-officio Sheriff
for the purpose of collecting all tax .ft. fas., so far as relates
to the counties of Troup, Emanuel and Douglas, and to provide compensation for the same.
Also, a bill to appropriate money for the use and improvement of the State Lunatic Asylum.
Also, a bill to change the line between the counties of Randolph and Terrell.
Also, a bill to amend an Act entitled an Act to regulate the sale of spirituous, vinous or malt liquors in the counties of Floyd, Dade, Polk, Chattooga, and other counties,

414

JOURNAL OF THE SENATE

and the town of Palmetto, in the county of Campbell, and for other purposes.
Also, a bill to provide for the dissolu.tion of grand juries in certain cases, and for the reorganization of the same, and for other purposes.
Also, a bill to amend an Act entitled an Act to prescribe the mode of granting license to sell intoxicating liquors in the counties of Jefferson, Burke and Washington, approved
February zo, 1873.
Also, a bill to incorporate the town of Oconee, in the county of Washington, and for other purposes.
Also, a bill to prescribe an oath for special Bailiffs of Superior Courts.
Also, a bill to prohibit the sale of intoxicating liquor5 within three miles of Oak Grove Church, in Macon county.
Also, a bill to amend an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for the county of Houston, and for other purposes.
Also, a bill to incorporate the Traders and Planters Savings Bank of Rome, Georgia.
Also, a bill to define the duties and fix the liability of receivers appointed for railroad companies in certain cases, and to create liens in favor of certain creditors, and to provide for the enforcement of such liens, and for other purposes.
Also, a bill to organize a Criminal Court for the county of Decatur, and to define its jurisdiction, and for other purposes.
Also, a bill to amend the charter of the town of Barnesville, in the county of Pike.
Also, a bill to amend an Act entitled an Act to amend section 4441 of the Code of Georgia in relation to hunting on lands in this State, so far as the same applies to the counties of Richmond, Columbia, Troup, Jefferson, McDuffie and Lincoln.

FEBRUARY 21, 1876.

415

Also, a bill to amend an Act incorporating the town of Smyrna, in the county of Cobb, and for other purposes, approved August 23, 1872.
Also, a bill to authorize and empower the Mayor and Council of Rome to adjust and settle the present bonded debt of that city, and provide for the payment of the same.
Also, a bill to relieve the Building and Loan Associations in this State from liability to certain taxes of and for the year 1875, herein mentioned, and for other purposes.
Also, a bill to create a Board of Commissioners of Roads and Revenues for the county of Johnson, and to define its powers and duties.
Also, a bill to prohibit the sale of spirituous liquors within three miles, in every direction, from Island Creek Church, in Hancock county.
Also, a bill to reduce the commissions of the County Treasurer for the county of Clay.
Leave of absence was granted Mr. DuBose for the balance of the session.
On motion of Mr. Harris, the Senate adjourned until 10 o'clock a. m., Monday.

SENATE CHAMBER, ATLANTA, GA., } Monday, Febrnary 2 1, 1876, 10 o'clock a. m.

The Senate met according to adjournment-the President in the chair. Prayer by the Chaplain.
The roll was called, and the following Senators were present and answered to their names, to-wit-Messrs.

Arnow, Black, Blance, Brimberry, Cain, Cannon,

Harris, Hester, Hopps, Howell, Hudson,
of the 25th,

McAfee, ofthe 39th, McDaniel, McDonald, O'Daniel, Payne, Peavy,

I

416

JouRNAL OF THE SENATE

(;arter,

Hudson,

Perry,

Chastain,

of the 28th, Reese,

Cooper,

Kibbee,

Robinson,

(;rawford,

Knight,

Rutherford,

Deadwiler,

Lester,

Slaughter,

Felton,

Matthews,

\Vilcox,

Freeman,

Mattox,

\Vilson,

Gilmore,

McAfee,

vVinn,

Graham,

of the 32d, MR. PRESIDE::-;T.

The Journal was read and approved.

Mr. Howell moved a reconsideration of so much of the

Journal of Saturday as relates to the passage of the bill of

the House to reorganize the government of the State U ni-

versity, with certain amendments.

Pending discussion thereon, on motion of Mr. Reese,

the rules were suspended, when the following resolution of

the House was taken up and read, to-wit:

Resolved by the Senate a1ld House of Representatives, two-

ilzi'rds of each branch concum"ng therez"n, That the present

session of the General Assembly be prolonged until I2

o'clock p. m., Wednesday, the 23d inst., and that the Gen-

eral Assembly do, at that time, adjourn siue die.

Mr. McDaniel moved to amend the resolution, by strik-

ing out the words "I 2 o'clock p. m.," and inserting "I 2

o'clock m." The amendment was not agreed to.

Mr. Graham moved to amend, by striking out "I2 p.

m.," and inserting "9 p. m." This amendment was not

agreed to. Upon the question of concurring in the reso-

lution, the yeas and nays were required to be recorded,

to-wit:

Those voting in the affirmative are-Messrs.

Arnow, .Black, Blance, Brimberry, Cannon,

Graham, Harris, Hester, Hopps, Howell,

McAfee,ofthe 39th, McDonald, O'Daniel, Peavy, Perry,

FEBRUARY 21, 1876.

417

Carter, Chastain, Cooper, Crawford, Deadwiler, Felton, Freeman, Gilmore,

Hudson,

Reese,

of the 25th, Robinson,

Hudson,

Rutherford,

of the 28th, Slaughter,

Kibbee,

\Vilcox,

Lester,

\Vilson,

Matthews,

\Vinn.

McAfee, of the 32d,

Those voting in the negative are-Messrs.

Cain, Mattox,

McDaniel,

Payne.

Yeas, 36. Nays, 4

The resolution hadng received the required constitutional majority of two-thirds, was concurred in.

On motion of Mr. Graham, leave of absence was granted Mr. Perry, after to-day, for the balance of the session, on important business.

Mr. Freeman, chairman of the Committee on Enrollment, made the following report, to-wit : JVlr. Presidmt:
The Committee on Enrollment report as being duly enrolled, and ready for the signatures of the President and Secretary of the Senate, the following bill, to-wit :
A bill to reduce and regulate the fees of Tax Receivers and Tax Collectors in this State, and for other purposes.
Mr. Freeman, chairman of the Committee on Enrollment, made the following report, to-wit : ~fr. President:

The Committee on Enrollment report as duly enrolled, :signed by the proper officers of the General Assembly, and transmitted this day to his Excellency the Governor, the following bill, to-wit :
A bill to reduce and regulate the fees of Tax Receivers and Tax Collectors in this State, and for ot!l.er purposes.
27

418

JouRNAL OF THE SENATE

The following message was received from the House of Representatives, through Mr. Sweat, the Clerk thereof:
Mr. President:
The House of Representatives has passed the following bills, to-wit :
A bill to alter and amend the charter of the town of DeSoto, in the county of Floyd, and for other purposes.
Also, a bill to reduce the commissions of the Tax Collector and Tax Receiver for collecting the county tax for the county of Clay.
Also, a bill to authorize the Trustees of Salacoa Academy, of Gordon county, to sell the same, and for other purposes.
Also, a bill to incorporate the Merchants and Planters Bank of Griffin.
Also, a bill to require the Mayor of the city of Augusta to discharge the duties of the Recorder of said city; to limit the salary of said Mayor, and for other purposes.
Also, a bill to change the incorporate limits of the town of Cochran, in the county of Pulaski, and for other purposes.
Also, a bill to alter an Act to repeal an Act to create an Advisory Board for the counties of Laurens and Glascock,. so far as relates to the county of Laurens, and to provide a Board of Commissioners for the counties of Johnson and Laurens, approved February 22, 1875.
Also, a bill to:abolish the County Court, so far as the same relates to the county of Carroll, and for other purposes.
Also, a bill to change the corporate limits of the city of Cartersville, in Bartow county.
Also, a bill to:amend an [Act to organize a Criminal Court in the counties therein named, approved March 2, 1874, and to extend the criminal jurisdiction therein grante::l to the town Justices of said counties to the Justices

FEBRUARY. 21, 1876.

419

of the Peace and Notaries Public of the several militia districts of Meriwether county.
Also, a bill prescribing the time and manner of making and hearing motions for n~w trials in criminal cases before the County Court.
Also, a bill to exempt all male citizens over forty-five years of age in Dodge, Union and Fannin counties from road duty.
Also, a bill to provide for changin.:; the time of holding the Superior Court of Echols county.
Also, a bill to repeal an Act entitled an Act to require the voters of the city of Bainbridge, Decatur county, Ga., to register their names with the Clerk of the Council of said city thirty days before the annual municipal election, and tor other purposes, appro\'ed March 3, 1874.
Also, a bill for the relief of Mrs. G. \V. Underwood, of Bartow county.
Also, a bill to amend the charter of the Vernon Shell Road Company, approved December 13, 1859.
Also,. a bill to limit the amount of taxes to be leYied for county purposes in the county of Decatur, and to legalize the uncollected county taxes of said county, levied for the fiscal year I 875.
Also, a bill for the relief ofT. S. Chester, Thomas Savage and John \Vilkinson, captors of the murderers of Charles Long, of Camden county.
Also, a bill to amend an Act, approved January 19, 1872, to create a County Court for each county in this State, except certain counties therein named, so far as the said Act relates to the county of Putnam.
Also, a bill to provide for the payment of the fees of tl-.e Solicitor General of the Southern Judicial Circuit of th.'s State, in cases of misdemeanor transferred to the County Courts in said circuit, and for other purposes.
Also, a bill to prohibit the sale of intoxicating liquors within three miles in any direction from Bethlehem and Wilson Churches, in the county of Jackson.

420

JouRNAL oF THE SENATE

~Also, a bill to change the line between the counties of Coffee and \Vare.
Also, a bill to alter and amend an Act to incorporate the town of Hogansville, in the county of Troup, and State of Georgia ; to appoint Commissioners for the same, and for other purposes, approved October 12, 1870.
Also, a bill to prescribe the mode of granting license to sell intoxicating liquors in the connties of Telfair and Montgomery.
Also, a bill to regulate the sale of schnapps, or other intoxicating drinks, in the county of Union, under the guise of medicines, and for other purposes.
Also, a bill to amend an Act to regulate the sale of spirituous liquors in the various counties therein named, so far as the same relates to the county of Haralson.
Also, a bill to make the Tax Collector of Dougherty county ex-officio Sheriff, and for other purposes.
Also, a bill to prohibit the sale of intoxicating liquors within two miles of Red Hill Church and Masonic Lodge, in Stewart county, and to provide a punishment for the same.
Also, a bill to regulate the sale of schnapps and other liquors in the county of Union, and for other purposes.
Also, a bill to authorize David Shuler, of the county of Fannin, to erect and keep up a gate across the public road leading from Ellijay, Georgia, to Murphy, North Carolina, at or near Bench Leg's Ford, in Fannin county, and for other purposes.
Also, a bill to alter and amend the charter of the city of Columbus, so as to abolish the office of Deputy Marshal of said city.
Also, a bill to prohibit the municipal authorities of the city of Bainbridge from assessing, for the purpose of taxation, any lands within the corporate limits of said city used only for agricultural purposes, at any greater value than such lands are really worth for such purposes.

FEBRUARY 2I, 1876.

421

Also, a bill to compensate Stephen Saucer, of Dougherty county, for the capture of James Brown, and for other purposes.
Also, a bill to authorize J udge.s of the Superior Courts of this State to strike criminal cases from the dockets under certain circumstances, and for other purposes.
Also, a bill to incorporate the. town of Duluth, in the county of Gwinnett, and for other purposes.
Also, a bill to prescribe the duties and fix the term of office of Solicitor of the County Court of Richmond county, and for other purposes.
Also, a bill to alter and amend an Act to regulate the sale of spirituous liquors in the various counties therein named, approved February 26, 1875.
Also, a bill to allow the placing of fish traps in the waters of Big Indian creek, in Houston county.
Also, a bill to alter and amend section 4368 of the Code of 1873, upon the subject of inveigling children, and for other purposes.
Also, a bill to regulate the compensation of jurors in the county of Decatur, and to require the Clerk of the Superior Court of said county to report the amount of jury fees collected to the Treasurer of the county.
Also, a bill to authorize the Governor to farm or lease out convicts of the Penitentiary to the Gainesville, Blairsville & Northwestern Railroad Company, and for other purposes therein mentioned.
The House of Representatives has concurred in the Senate amendment of the following House bill, and amended the same, and asks the concurrence of the Senate thereto, to-..,-it:
A bill to prohibit persons from hunting or fishing on the enclosed lands of another, and provide a punishment for the same, except in certain counties therein named.
The following message was received from the House of

422

} OURNAL OF THE SENATE

Representatives, through Mr. Sweat, the Clerk thereof, to-wit:
Jl[r. Prcsidmt:
The House of Representatives have passed the following bills, to-wit :
A bill to authorize the Commissioners of Roads and Revenues in the county of Baker, in said State, to issue bonds for the purpose of building certain bridges in said county, and for the support of paupers.
Also, a bill to exempt from road duty the officers and members of the Liberty Independent Troop of Cavalry, in the county of Liberty.
Also, a bill to incorporate the town of Stockton, in the county of Clinch, and to confer certain powers upon the Town Council of said town.
Also, a bill to submit to the qualified voters of the city of LaGrange, in the county of Troup, the question whether or not spirituous, vinous or malt liquors shall be sold, bartered, or in any way disposed of, for valuable consideration, within the corporate limits of said city, and for other purposes.
Also, a bill to protect farm products in the county of Decatur, and to prevent the fraudulent purchase of the same.
Also, a bill to authorize married women to act as guardians for their minor children by a former husband.
Also, a bill to authorize and require the State Treasurer to pay certain past due coupons of this State therein specified.
Also, a bill to prohibit any person or persons from placing obstructions in Toccoa river, in Fannin county, in this State, so as to interfere with the rafting of timber in said stream, and for other purposes.
Also, a bill to amend the charter of the town of Belton, in the counties of Hall and Banks.

FEBRUARY 2I, 1876.

423

Also, a bill to regulate the traffic in seed cotton, and for other purposes therein named.
Also, a bill to prohibit the sale, barter or other disposition for value, intoxicating liquors within three miles of Red Creek Baptist Church, and Harmony Presbyterian Church, in the I I I 5th District G. M., of the county of Hart, and Dove's Creek Church, in Elbert county, and for other purposes.
Also, a bill to relieve Wallis Haley & Co., Fields McAfee, Tate & Company, and John McAfee & Co., from the hire of tonvicts leased to work on the Marietta & North Georgia Railroad, and for other purposes therein mentioned.
Also, a bill to amend an Act establishing County Courts in certain counties, so far as the same relates to the county of Wilkes.
Also, a bill to amend an Act to extend the corporate limits of the town of \Vatkinsville, m the county of Clarke.
The House has also passed the following bills of the Senate, to-wit:
A bill to transfer the county of Twiggs from the Macon to the Oconee Circuit, and for other purposes.
Also, a bill to amend an Act entitled an Act to amend the tax laws of this State, relating to railroad companie~, so far as the same applies to the Brunswick & Albany Railroad.
Also, a bill to authorize the Ordinary, or Board of Com_ missioners of Stewart county, to hire out convicts in said county.
Also, a bill to declare invalid, null and void certain six per cent. currency bonds of the State, issued under an Act approved February 17, I854
Also, a bill for the relief of R. N. Varnell, and his securities, of Whitfield county.

424

JouRNAL OF THE SENATE

Also, a bill to amend an Act to prohibit hunting on lands of another, in the counties of Quitman and Camden.
Also, a bill to authorize County School Commissioners, and members of County Boards of Education, to administer oaths in certain cases.
Also, a bill to alter and amend an Act for the prevention of cruelty to animals.
Also, a bill to prevent unlawful traffic in farm products in this State, and for other purposes.
The following message was received from the House of Representatives, through Mr. Sweat, the Clerk thereof, towit:
.llfr. Presidmt:
The House of Representatives has passed the following bills of the Senate, to-wit:
A bill to define in what court awards provided to be entered on the minutes of the Superior Court, under section 4242 of the Code of 1873, shall be entered.
Also, a bill to authorize and empower the Court of Ordinary of the county of Troup to have and take jurisdiction of the execution of the last will and testament of Joseph L. Banning, deceased, of Meriwether county, and for other purposes.
Also, a bill to change the county line between the counties of Clinch and Ware.
Also, a bill to prescribe the fees of the County Treasurer of the county of Twiggs; to fix the time when the Act shall go into effect, and for other purposes.
Also, a bill to amend the laws of this State for the protection of the State treasury; to define the obligations pertaining to the office of Treasurer, and for other purposes.
Also, a bill to provide a jury in Justices' Courts for the trial of cases of forcible entry and detainer, or forcible detainer.
Also, a bill to repeal all local laws or ordinances inconsistent with section I 563 of the Revised Code of 18]'

FEBRUARY 21, 1876.

425

in relation to the inspection of lumber, and for other pur-

poses.

Also, a bill for the relief of the securities of Thomas E.

McKewn gn a criminal bond.

The House has also passed the following bills, to-wit:

A bill for the relief of Elizabeth Tanner, of Dawson

county. Also, a bill to consolidate the offices of Sheriff and Tax

Receiver, and Clerk of the Superior Court and Tax Col-

lector of Oconee county.

Also, a bill to regulate the sale of opium and the prepa-

ration thereof and therefrom.

Also, a bill consolidating the offices of Clerk of the Su-

perior Court and Treasurer of Dougherty county, and for

other purposes.

The consideration of the proposition to reconsider was

resumed.

Mr. Lester moved to lay the motion to reconsider on

the table.

Upon this motion Mr. Cain demanded the yeas and

nays, which were recorded, to-wit :

Those voting in the affirmative are-Messrs.

Arnow,

Hudson,

McAfee,ofthe 39th,.

Blance,

of the 28th, O'Daniel,

Brimberry,

Kibbee,

Peavy,

Chastain,

Lester,

Perry,

Deadwiler,

Mattox,

Wilcox,

Freeman,

McAfee,

Wilson,

Gilmore,

of the 32d, \Vinn.

Hopps,

Those voting in the negative are-Messrs.

Black,

Felton,

McDaniel,

Cain,

Graham,

McDonald,

Cannon,

Howell,

Reese,

Cooper,

Hudson, of the 25th, Slaughter.

Crawford,

Yeas, 20. Nays, 13.

426

JouRNAL OF THE SENATE

So the motion to lay on the table prevailed. Mr. Hester had paired off with Mr. DuBose on the "foregoing bill, and therefore did not vote. The hour of adjournment having arrived, the President declared the Senate adjourned until 3 o'clock p. m.

AFTERNOON SESSION.

3 O'CLOCK. The Senate met pursuant to adjournment.
Mr. Kibbee, from the Committee on Finance, made a report, which was read.
Mr. Felton, chairman of the Committee on Agriculture, made a report, which was read.
Mr. Howell, chairman of the Committee on the Penitentiary, made a report, which was read.
Mr. Kibbee also made a report in relation to the sale of the Macon and Brunswick Railroad, which he asked to be placed on the Journal of the Senate, to-wit:

ExECCTIVE DEPARTMEJXT, } STATE OF GEORGIA,
Atlanta, Georgia, Fcbmmy 17, 1876.

To the Gmeral Assembly:

I have the honor to submit for the information of the General Assembly that, in accordance with an advertise-

ment by the Directors of the Macon & Brunswick Railroad

Company, sealed bids were received by them on the 25th day of January last for the sale or lease of said road, with its franchises, equipments, and all the property of said

company. After full consideration of the propositions

then submitted, the Directors have decided to reject them all. The bids and the correspondence in relation thereto,

together with the reasons which controlled the Directors in their action thereupon, will be found in the papers here-

with transmitted.

JAMES M. SMITH.

FEBRUARY 2I, I8J6.

427

MACON, GEORGIA, January 24, 1876.

To E. A. Fleuellen, W. A. Lofton and G. S. Jones, Directors Macon &

Brunswick Railroad:

GENTLEMEN-I herewith submit two bids for the lease of the ~lacon & Brunswick Railroad for the term of twenty years from date-one upon a per cent. of the gross earnings, and turning over the accumulated rolling stock, etc.; the other upon the payment of a specific amount per month, the rolling stock, etc., to be retained by me or my heirs, assigns,

or legal representatives, leaving the improvements and extensions, etc., to the State. By improvements I desire to be understood in both bids as meaning the construction of such depot buildings, shops, office~, turn outs, etc., as the business of the road may demand. And by extensions I mean the construction of such additional track as may be necessary, from time to time, to enable the road to compete with any and all railroads or transportation companies, or parties engaged in caiTying freight or passengers. In the exl\mination of said bids, any alterations you may suggest will be duly considered by mE.
I desire [word omitted in original] of your acceptance or refusal of said bids at your earliest convenience. Hespectfully,

(Signed)

L. F. H.\.TFIELD.

MAcoN, GA., January 25, 1876.
To Messrs. E. A. Flewellen, W. A. Lofton, and Geo. S. Jone&, Directors :
GENTLE)!EN-I respectfully tender to your consideration, on behalf of mywlf and associates, and such stockholders of the former l\Iacon & Brunswick Railroad Company as may desire to reorganize anew, the following proposition looking to a lease of the Macon & Brunswick Railroad, its roadway, shops, depots, landed property, machinery and outfit, and for a subsequent purchase of the above road.
We agree to pay semi-annually in advance the interest on one million one hundred thousand dollars of such bonds of the State of Georgia as may be substituted for outstanding l\Iacon & Brunswick bonds.
We further agree to pay such amount of one million one hundred thousand dollars bonds at maturity-placing in the State treasury a sinking fund of twenty-five thousand dollars bonds annually, within five years from date of lease, in furtherance of this purpose.
The State to retain all right and title to road, landed property, and outfit, until final payment be made ; and, on any default in payment of interest in advance, or from any other cause which might appear to be an infraction of the terms of this lease, such as an evident deterioration of the road or machinery, we bind ourselves to return said property witliout suit or hindrance to the State, and to submit to a forfeiture of such semi-annual interest paid in advance, and of whatever sinking fund may have been deposited with the State Treasurer,

428

JouRNAL OF THE SE~ATE

I offer the above as a general proposition, subject to such proper

amendments as may seem desirable to you. Respectfully,

(Signed)

GEO. H. HAZLEHURi:!T,

Former President of the l\I. & B. R. R. Company.

[Copy.]
MAco~, GA., January 24, 1876. To Messrs. E. A. Flewellen, W. A. Lofton, G. S. Jones, Esqrs., Di-
rectors .Jlacon & Brunswick Railroad: GENTLEMEN-In response to your advertisement requesting tenders for the lease of the Macon & Brunswick Railroad, we would respectfully ~ubmit the following proposition: We will appear at such time as you may appoint, and enter into contract with you for said Railroad on the following terms : 1st. We will pay for the use of said property for the (1st) first year twenty (20) twenty per cent. of the gross receipts fromevery source. 2d. We will pay (22,!) twenty-two and a half percent. of the receipts for the (2J) year. 3J. For each and every year thereafter, to cover in all the space of
of (5) years in all from commencing time (after time named), the sum of (25) twenty-five per centum of all receipts.
4th. All percentages to be taken out of all amounts as received daily, to be paid unto any person to be named by said Directors. Books,showing such receiptR, to be:open to the inspection of the company or its agents, the same as if conducted by them. The road to be kept up and improved afthe entire cost and expense of lessees (except as hereafter named), who will add, by lease or purchase, such rolling stock as may be necessary for the buiness which we shall strive to increase.
5th. If the Directors desire renewals of iron (which must be needed from time to time), to be of a heavier rail than that to be taken up, then at time of delivery by the lessees of said road to owners, they shall receive from the owners the difference in value, to be determined by the difference in weight of said iron.
6th. Iron purchased for new sidings that may have to be put in from time to time, to be paid for when turned over by lessees to owners.
7th. The lessees to receive cash for all rolling stock (when turned over) purchased by them, the value to be determined by reference if it cannot be amicably arranged and agreed by the parties interested.
8th. At the expiration of lease, all property to be turned over in as g<!od condition as when taken by the lessees, natural wear, and that only, excepted.
9tl).. Depot property, shops, tools, etc., to be inventoried, and to be kept insured for the benefit of all parties interested-the insurance at expense of lessees.
lOth. In case of non-fulfilment of any part of this contract, the property to revert to owners at once.

FEBRUARY 2I, 1876.

429

11th. A part of this contract is, that the labor shall be paid regularly by the lessees ; also, that all claims for loss and damage to property and persons, shall be settled promptly, when determined, by lessees.
HATCH & VAN EVERY. P. 0. address, Chillicothe, Mo.
~Ir. Van Every's references: Gen. !:;ingleton, Quincey, Ill.; Hon. A. W. Lamb, Hannibal, :M:o.
H. Hatch's references: Wm. A. Wales, late of firm Giles, Wales & & Co., :Maiden Lane, N. Y.; C. V. Whitten, firm Whitten, Burdett & Young, Boston; l'!Ir. Sands, President Traders National Bank, Boston.
References for both: Hon. Casper W. BJll, Brunswick, Ill.; Col. 1Ym. R. Arthur, late Gen'l Sup't 8. & L. R. C. & U. Railway, St. Louis; T. P. Corby & Co., Railway Supplies, St. Louis; Hon. A. \V. Lamb.
NoTE.-In case our proposition is accepted, we expect to associate ourselves with Mr. \V. H. Vaughan, late Division Superintendent of S. & L. R. C. & N. Railway Co.
HATCH & VA~ E\""ERY.

~IAco:s-, GA., February 15, 1876.

To His Excellency James .ll. Smith, Atlanta, Ga.:

GovERXOR-ln our official report made to your Excellency, December 11, 1875, it was stated that the :Macon & Brunswick Railroad was being

advertised for sale or lease, and that sealed bids were invited up to 12

o'clock m., January 25, 1876.

We have now the honor to transmit herewith copies of the bids re-

ceived, and to report our action in relation thereto.

Two bids were received from ~Ir. Lewellyn Hatfield, one from 1\Iessrs.

Hatch & Van Every, all of the State of Missouri; and one from ~rr. Geo.

H. Hazlehurst, of this State, for himself and associates.

The three first named were promptly rejected-the latter being deemed

the best, and the only one worthy of consideration. It was substantially

as follows, to-wit:

To pay semi-annually, in advance, the interest in advance on eleven

hundred thousand dollars of such bonds as may be substituted for those

of the :Macon & Brunswick Railroad Company, endorsed by the State,

and to pay said amount of bonds at maturity. Also, to deposit annually



with the State Treasurer twenty-five thousand dollars of such bonds,

as a sinking fund, commencing five years from the date of lease. The

State to retain titles till full payment is made, and to have the right to

re-possess the road and its property without suit or hindrance, should the

interest not be paid in advance, or should the road and machinery be-

come evidently deteriorated, and all payments that may have been made

to be forfeited.

430

JOVR~AL OF THE SENATE

This offer was made, as stated therein, as a general pror,osition, sub-

ject to such proper amendments as the Directors might desire.

Having ascertained that this bid was objectionable because no bonds

of the kind mentioned are in existence, Mr. Hazlehurst explained by

letter, dated January 28, 1875, a copy of which is transmitted, that his

meaning was to propose to pay eleven hundred thousand dollars of bonds

of the State of Georgia, bearing seven per cent. interest, currency, hav-

ing fifteen to twenty years to run.

After mature deliberation, the Board of Directors unanimously decided

that the terms offered were not sufficiently protective of the State's in-

terest, and Mr. Hazlehurst was requested by letter, dated the 1st instant,

a copy of which is forwarded herewith, to so amend his proposals as to

protect the State against the possibility of loss or damage, either by pre

payment of a sufficient amount, in cash or bonds, or by giving ample

and satisfactory security.

He was also requested to amend, by stating a definite time for the pro-

posed lease and ultimate purchase; and also to provirle for annual pay-

ments or deposits of "sinking fund," in sufficient amount to extinguish

the eleven hundred thousand dollars by the expiration of the te.-m of the

l<'ase. The amendments suggested would require >l corresponding change

in the amount of interest to be paid semi-annually.

On the 12th instant, a reply without further delay was urged, and on

yesterday Col. Hazlehurst addressed us a communication, a copy of

which is herewith tran,;mitted, stating that he is not warranted in "mod-

ifying to any material extent the bid first made." "\Ye have, therefore,

unanimously decided to nject the bid, and to make this report to your

Excellency.

(Signed)

E. A. FLEWELLEN,

WM. A. LOFTON,

GEO. S. JONES.

[Copy.]

MACO", GA., Feb~uary 1, 1876. Geo. H. Hazlehurst, E~q., Macon, Ga.:

DEAR Sm-The Board of Directors have had your proposal for lease

and ultimate purchase of the l\lacon & Brunswick Hai!r.md under con-

sideration, and are unanimously of the opinion that the terms thereof

are not sufficiently protective of the State's interest. Bu', as you state



in the concluding paragrah that your proposal is general, and subject to

such proper amendments as may seein desirable, we wish to inform you

that we would be pleased to have you so amend the proposal as to pro-

vide for the pre-payment of a sufficient amount to protect the State

against the possibility of loss or damage, by failure of the lessee3 to

keep the ro~>d in good repair,. or else to provide for ample alill satisfac-

tory security, within the jurisdiction of the State, to secure the same

FEBRUARY 21, 1876.

431

end. We will accept in pre-payment either cash, bonds of the State of

Georgia, or bonds of the Macon & Brunswick Railroad Company, en-

dorsed by authority of the State, which are now recognized as valid and

binding. It is also desired that the payments, or deposits proposed as a

sinking fund, shall be made annually, beginning at the end of the first

year, and that, instead of twenty-five thousand dollars, the amount be

fufficiently increased to extinguish the eleven hundred thousand dollars

by the expiration of the time for which the lease may be proposed. We

also desire you to state, definitely, a time for which the lease and ulti-

mate purchase is proposed.

The amendments suggested will neces~itate a change in the amounts

proposed to be paid as intet"est upon so much of the principal as may

from year to year remain unpaid.

If inclined to make the above, or any other acceptable amendments,

please communicate the fact to-morrow, in writing, and state, as nearly

as possible, what further time will be necessary to enable you to com-

plete the amended proposals.

Yery respcctfullr,

(Signed)

E. A. FLEWELLEN,

W. A. LOFTON,

G. S. JONES,

Directors.

[Copy.]

MACON, GA., January 28, 1876.

Messrs. E. A. Flewellen, W. A. Lofton, Geo. S. Jones, .Directors: GENTLEMEN-Being informed that there may be some informality iu

my bid, whereby reference is made to "bonds to be substituted for outstanding l'llacon & Brunswick Railroad Company bonds," I desire to say that my meaning was to pay one million one hundred thousand dollars of State bonds, 7 per cent. currency interest, fifteen or twenty years

to. run.

(Signed)

Respectfully yours, GEO. H. HAZLEHURST.

[Copy.]
ATL.\NTA, GA., February 14, 1876.
Messrs. E. A. Flewellen, W. A. Lofton, G. S. Jones, Directors: GENTLEMEN-Yours of the 12th inst., and telegram of same date, did
not ~ach me until a few minutes ago. At the same time, I am in receipt of letters from some of the pa1ties in New York. Their reply is not sufficiently definite to warrant me in modifying, to any material extent, the bid first made.
It is thought that a further cash or bond payment other than that of the $38,500 semi-annual interest in advance, the immediate payment of a sinking fund within twelve months from date of lease, and exaction.

432

JouRNAL OF THE SENATE

-of additional security other than that of the property itself, should not

be insisted on. The short time allowed for conference, and that

through the medium of letters, is so unsatisfactory, that I may err in

thus advising you; but I prefer doing so rathe:- than subject you to

further delay.

Thanking you for your conskleration, I am very respectfully, gentle-

men, your obedient liervant,

(Signed)

GEO. II. HAZLEHl:"RST.

To E. A. Flewellen, W. A. Lofton, and G. S. Jones, Directors Mruon & Brunswick Railroad.

The undersigned respectfully propose the following as a bid for the

lease of the ~lacon & Brunswick Railroad, as advertised by you in pur-

suance of the Act of the Legislature of the State of Georgia, approved

March 5, 1875, including in said lease all the property, privileges and

franchises of said railroad, with any and all rights to telegraph facilities,

together with the hranch road from Cochran to Hawkinsville, in said

State, for the term of twenty years from date.

The undersigned to receive said propmiy in its present condition.

To put on, pay for and maintain such additional rolling stock as may

be requisite to transact the business of said railroad.

To maintain the road way, make such improvements and extensions as

the exigencies of business may demand, ancl pay for such maintenance,

improvements and extensions.

To have exclusive control of all the real estate described in your ad-

vertisement, improved and unimproved. To adjust and discharge all

legal demands against said road arising from the operations thereof by

the undersigned, and pay all damages and losses resulting from the un-

skillful operation of said road.

And upon the expiration of said term of twenty years, turn over to

said State of Georgia, or its legally constituteu agent, said railroad,

with everything appertaining thereto, in good order and free from in-

cumbrance.

And, in consideration of said lease, said undersigned, his heirs or legal

representatives will pay to said State of Georgia the sum of six per cent.

of the annual gross earnings of said railroad, in addition to the delivery

to said State of the improvements and accumulated rolling stock. Said

six per cent. of gross earnings to be paid on or before the first ~Ionday

of January and July of each year. The undersigned to comply with

the condition of an acceptance of the above bid within twenty days

from notice of such acceptance.

Dated January 24, 1876.

Respectfully,

.(Signed)

LEWELLYN T. HATFIELD,

Brookfield, Linn Co., Missouri.

FEBRUARY 2I, I8J6.

433

'To E. A. Flewellen, W. A. Lofton and G. S. Jones, Directors Macon &i Brunswick Railroad :

The undersigned respectfully proposes the following as a bid for the lease of the Macon & Brunswick Railroad, as advertised by you in pur:suance of the Act of the Legislature of the State of Georgia, approved l\'Iarch 5th, 1875, including in said lease all the property, privileges and franchises of said railroad, with any and all rights to telegraph facilities, together with the branch road from Cochran to Hawkinsville, in said State, for the term of twenty years from date. The undersigneLl to receive said property in its present condit.ion ; to maintain the road way, make such extensions and improvements as the business of the road may demand, and pay for such maintenance, extensions and improvements; to have exclusive control of all real estate described in your advertisement, improved and unimproved; to adjust and discharge all legal demands against said road arising from the operation thereof by the undersigned, his heirs, assigns, or legal representatives, and pay all -damages and losses resulting from the unskillful operation of said road. And upon the expiration of said term of twenty years, the undersigned, his heirs, assigns, or legal representatives, to turn over to said State of Georgia, or its legally authorized agent, said r~ilroacl, and everything appertaining thereto, in good order, except all rolling stock, portable machinery and furniture placed thereon or used in connection therewith, purchased by the undersigned, or his heirs, assigns, or legal representatives. And in consideration of said lease, and the above premises, the undersigned, his heirs, assigns, or legal representatives, will pay to the legally authorized agent of said State, at such time and place as may be agreed upon, the sum of four thousand one hundred and sixty-six dollars and sixty-six cents per month for said term of twenty years-the undersigned to comply with the conditions of an acceptance of the above .bid within twenty days after notice thereof.
Dated Janua,ry 24, 1876. Respectfully,

(Signed)

LEWELLY~ F. HATFIELD,

Brookfield, Linn County, :uo.

On motion of Mr. Blance, the rules were suspended, when the bill of the House to repeal an Act regulating the sale of spirituous liquors in the county of Polk and other .counties, was indefinitely postponed.
On motion of Mr. \Vinn, the rules were suspended, when he offered a resolution limiting speeches to ten minutes during the remainder of the session, except by unanimous .consent extended. The same was read and agreed to.
28

434

JoURNAL OF THE SENATE

Leave of absence was granted Mr. Kibbee, for attendance upon a session of the Finance Committee.
The following bills of the House were read the first time, to-wit:
A bill to submit to the qualified voters of the city of LaGrange, in Troup county, to vote on the question of allowing the sale of spirituous liquors in said city.
Also, a bill to authorize David Shuler, of Fannin county~ to erect and keep up a toll gate on the road from Ellijay, Georgia, to Murphy, North Carolina.
Also, a bill for the relief of Elizabeth Tanner, of Dawson county.
Also, a bill to alter and amend the charter of the city of Columbus, so as to abolish the office of Deputy Marshal of said city.
Also, a bill to consolidate the offices of Clerk of the Superior Court and Treasurer of Dougherty county.
Also, a bill to incorporate the town of Duluth, in the county of Gwinnett.
Also, a bill to prohibit the placing of. obstructions in Toccoa river, in Fannin county.
Also, a bill to regulate the traffic in seed cotton, and for other purposes.
Also, a bill to authorize married women to act as guardians for their minor children by a former husband.
Also, a bill to amend the County Court Act, so far as the same relates to the county of Putnam.
Also, a bill to prohibit the municipal authorities of the city of Bainbridge from assessing for taxation any lands in said city used only for agricultural purposes, at any greater rate than the real value for such purposes.
Also, a bill to alter and amend the charter of the town of DeSoto, in the county of Floyd, and for other purposes.
Also, a bill to regulate the sale of opium and the preparations thereof and therefrom.
Also, a bill to authorize the Commissioners of Roads

FEBRUARY 21, 1876.

435

and Revenues in the county of Baker to issue bonds to build bridges in said county, and for support of paupers.
Also, a bill to incorporate the town of Stockton, in the county of Clinch.
Also, a bill to protect farm products in the county of Decatur, and prevent the fraudulent sale of the same.
Also, a bill to prohibit the sale, barter, etc., of spirituous liquors within three miles of Reed Creek Baptist Church and Harmony Presbyterian Church, in the I I I 5th District G. M., of the county of Hart, and Dove's Creek Church, in Elbert county.
Also, a bill to amend the charter of \Vatkins,ille, in the county of Clarke.
Also, a bill to relieve Wallis Haley & Co., Fields, McAfee, Tate & Co., and John McAfee & Co., from the hire of convicts leased to work on the Marietta & North Georgia Railroad, and for other purposes.
Also, a bill to so change the corporate limits of the town of Cochran, in Pulaski county, as to include lots Nos. 172, 173 and 158, in the 21st District of said county.
Also, a bill for the relief ofT. S. Chester, Thos. Savage and John Wilkinson.
Also, a bill to exempt all male citizens over forty-five yeats of age in Dodge, Union and Fannin counties, from / road duty.
Also, a bill to limit the taxes to be levied for county purposes in the county of Decatur, and for other purposc:s.
Also, a bill to amend the charter of the Vernon Shell Road Company, assented to December I3, 1859.
Also, a bill to change the corporate line of the city of Cartersville, in Bartow county.
Also, a bill to co;npensate Stephen S:lUcer, of the county of Dougherty, for certain services.
Also, a bill to amend the charter of the town of Belton, in the counties of Hall and Banks.
Also, a bill to reduce the commissions of the Tax Collector and Tax Receiver for the county of Clay.

436

JouRNAL OF THE SENATE

Also, a bill to amend the County Court Act so far as the same relates to the county of 'Wilkes.
Also, a bill to exempt from road duty the officers and members of the Liberty Independent Troop, in the county of Liberty.
Also, a bill to prohibit the sale of intoxicating liquors within three miles from Bethleham and \Vilson Churches, in Jackson county.
Also, a bill to abolish the County Court of Carroll county.
Also, a bill to change the time of holding the Superior Court in Echols county.
Also, a bill to repeal an Act requiring the registration of voters in the city of Bainbridge, approved March 3, 1874.
Also, a bill to make the Tax Collector of the county of Dougherty ex-officio Sheriff, and for other purposes.
Also, a bill to regulate the sale of schnapps or other intoxicating drinks, under the guise of medicine, in the county of Union.
Also, a bill to prescribe the mode of licensing the sale of spirituous liquors in Telfair and Montgomery counties.
Also, a bill to alter and amend sections 4368 of the Code of 1873.
Also, a bill to change the line between the counties of Coffee and Ware.
Also, a bill to provide for the payment of the fees of the Solicitor General of the Southern Judicial Circuit in cases of misdemeanor transferred to the County Courts in said Circuit, and for other purposes.
Also, a bill to authorize the Trustees of Salacoa Academy, of Gordon county, to sell the same, and for other purposes.
Also, a bill to require the Mayor of the city of Augusta to discharge the duties of the Recorder of said city ; to limit the salary of said Mayor, and for other purposes.
Also, a bill to authorize and require the State Treasurer

FEBRUARY 21, 18;6.

437

to pay certain past due coupons of this State therein specified.
Also, a bill to alter and amend an Act to repeal an Act to create an Advisory Board for the counties of Laurens and Glascock, so far as relates to the county of Laurens, and to provide a Board of Commissioners for the counties of Johnson and Laurens, approved February 22, 1875.
Also, a bill prescribing the time and manner of making and hearing motions for new trials in criminal cases before the County Court.
Also, a bill to alter and amend an Act to incorporate the town of Hogansville, in the county of Troup, etc., approved October 12, 1870.
Also, a bill to amend the Act regulating the sale of intoxicating liquors in the counties of Floyd, Dade, Polk, and other counties therein mentioned, so far as the same relates to the county of Harralson.
Also, a bill to amend the Act to regulate the sale of intoxicating liquors in Floyd, Dade, Polk and other counties, and the town of Palmetto, in Campbell county, passed February 26, 1875.
Also, a bill to regulate the compensation of jurors in the county of Decatur, and for other purposes.
Also, a bill to prohibit the sale of intoxicating liquors within three miles of Red Hill Church and Masonic Lodge, in Stewart county.
Also, a bill to prescribe the duties and fix the term of office of the Solicitor of the County Court of Richmond county.
Also, a bill for the relief of Mrs. G. \V. Underwood, of Bartow county.
Also, a bill to amend an Act entitled an Act to amend an Act to organize a Criminal Court in the counties of Marion, Talbot, Stewart and Chattahoochee, approved March 2, 1874, and to extend the criminal jurisdiction therein granted to the town Justices of said counties to the

438

JoURNAL OF THE SENATE

Justices of the Peace and Notaries Public of the several

Militia Districts of Meriwether county.

.

Also, a bill to incorporate the Merchants and Planters

Bank of Griffin.

Also, a bill to allow the placing of fish traps in the

waters of Big Indian creek, in Houston county.

Also, a bill to authorize Judges of the Superior Courts

of this State to strike criminal cases from the dockets, un-

der certain circumstances, and for other purposes.

Also, a bill to authorize the Governor to farm or lease

out convicts of the Penitentiary to the Gainesville, Blairs-

ville & Northwestern Railroad Comp::my, and for other

purposes.

Also, a bill to incorporate the Augusta Insurance Com-

pany.

Also, a bill to provide for the printing of the Depart-

ment of Agriculture of the State of Georgia.

Also, a bill to fix the compensation of Tax Collectors,

Tax Receivers and County Treasurers, and the per diem

of jurors, in the county of Washington, and the per diem

of jurors in the county of Johnson.

Also, a biil for the relief of James D. Collins, of the

county of Fulton, as security of E. E. Vaughn.

Also, a bill to alter and amend the road laws of this

State, so far as relates to the county of Fulton, and for

other purposes.

Also, a bill to appropriate money for the relief of A. A.

Paul, John \V. \Vilson and the representative of Robert

L a d d.

Also, a bill to create a Criminal Court for the county of

Bartow.

The following bills of the House were read the second

time and ordered to be committed for a third reading, to-

wit:

A bill to amend an Act entitled an Act to incorporate

the town of Whitesburg, in Carroll county, approved

March 2, 1874.

FEBRUARY 2 I, I876.

439

Also, a bill to prohibit the sale of intoxicating liquors within three miles of Oak Grove Church, in Macon county.
Also, a bill to regulate the sale of spirituous liquors in the county of Cobb, and for other purposes.
Also, a bill to regulate the fees of Constables in the county of Wilkes, in relation to tax ft. fas.
Also, a bill to better prevent the sale of intoxicating liquors within the corporate limits of the towns of Carrollton, Bowdon, \Vhitesburg and Villa Rica, in the county of Carroll.
Also, a bill to reduce the commissions of the County Treasurer of the county of Clay.
Also, a bill to amend an Act in relation to the sale of :spirituous liquors in Floyd, Dade and other counties, approved February 26, I875, so as to include the county of Jackson.
Also, a bill to amend an Act to create a County Court in each county of this State, except certain counties therein mentioned, so far as the same applies to the county of Oconee.
Also, a bill to so amend the County Court Act of this .State as to make the Clerk of the Superior Court of the County of Macon ex-officio the Clerk of the County Court, and prescribe his costs therein.
Also, a bill to amend an Act making the County Court .of Hancock county a Court of Record, and for other purposes, approved March 2, I875, and to regulate the fees of the Judge, Bailiff, Sheriff and Clerk of said court in civil .cases, and to prescribe certain duties of said officers.
Also, a bill to create a Board of Commissioners of Roads and Revenues for the county of Johnson, and to define its powers and duties.
Also, a bill to prohibit the sale of spirituous liquors within three miles of Island Creek Church, in Hancock county.
Also, a bill to amend the charter of the town of Homerville, in Clinch county, approved February I 5, 186g.

440

JouRNAL oF THE SE~ATE

Also, a bill to incorporate the Tallapoosa Mining Company.
Also, a bill to prohibit the sale of spirituous liquors within two miles of the town of Jacksonville, in Telfair county, and within two miles of Trinity and Fletcher Churches, in the county of Meriwether.
Also, a bill to incorporate the Traders and Planters Savings Bank of Rome, Georgia.
Also, a bill to amend the Act prescribing the mode of granting license to sell intoxicating liquors in the counties of Jefferson, Burke and \Vashington, approved February
20, 1873 Also, a bill to amend an Act regulating the sale of in-
toxicating liquors in Floyd, Dade, Polk, and other counties, and for other purposes.
The following bills of the House were read the second time and referred to the Committee on the Judiciary~ to-wit:
A bill to amend an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for the county of Houston, and for other purposes.
Also, a bill to prevent persons from fishing in any manner in the waters of Lake Douglas, in Decatur county, and from hunting within high water mark of the same.
Also, a bill to define the duties and fix the liability of receivers appointed for railroad companies in certain cases~ and for other purposes.
Also, a bill to organize a Criminal Court for the county of Decatur and to define its jurisdiction, and for other purposes.
Also, a bill to provide for the dissolution of grand juries in certain cases, and for the reorganization of the same, and for other purposes.
Also, a bill to prescribe an oath for the special Bailiffs of Superior Courts.
Also, a bill to amend an Act entitled an Act to authorize

FEBRUARY 21, 1876.

441

the Governor to farm or lease out the convicts of the Penitentiary of the State of Georgia, approved March 2, 1874, so as to authorize the Governor to farm or lease . out convicts of the Penitentiary to the Marietta & North Georgia Railroad, and for other purposes.
Also, a bill to amend an Act incorporating the town of Smyrna, in Cobb county, approved August 23, 1872.
Also, a bill to amend section 3309 of the Code of 1873 relating to notice to be served on the defendant in cases of attachment.
Also, a bill to make the Tax Collectors of the counties of Troup, Emanuel and Douglas ex-officio Sheriffs for the
collection of tax .ft. fas., and to prescribe compensation for
the same. Also, a bill to amend an Act amendatory of section 4441
of the Code of Georgia, in relation to hunting on lands in this State, so far as the same applies to the counties of Richmond, Columbia, Troup, Jefferson, McDuffie and Lincoln.
Also, a bill to amend an Act entitled an Act to organize a County Court in each of the counties of Calhoun, Baker, Quitman and Miller; to define their jurisdiction, and for other purposes, so as to provide for a County Solicitor forthe county of Calhoun, and to define his duties.
Also, a bill to prohibit the sale of spirituous or malt liquors in the town of Warrenton, and within a radius of two miles of said incorporation, and to provide a punishment for the same.
Also, a bill to amend an Act to incorporate the town of Statenville, and for other purposes.
Also, a bill to create a Board of Commissioners of Roads and Revenues for the county of Early, and to define the duties of the same.
Also, a bill to fix the manner in which judgments of foreclosure may be taken upon mortgages given to Building and Loan Associations.

442

JouRNAL OF THE SENATE

Also, a bill to amend section 1676 of the Code relative to the creation of corporations by the Superior Courts of this State, and for other purposes.
Also, a bill to amend section 456o of Irwin, Lester and Hill's Revised Code in regard to vagrancy.
Also, a bill to amend an Act creating a Board of Com- missioners of Roads and Revenues in the county of Harris, assented to March 17, 1869, so far as to make it applicable to the counties of Spalding and Butts, approved February
5. 1873 The following bills of the House were read the second
time and referred to the Committee on Finance, to-wit:
A bill to appropriate money for the use and improvement of the State Lunatic Asylum.
Also, a bill to appropriate money to David Cleage, in settlement of certain certificates of the Western & Atlantic Railroad.
Also, a bill to authorize the Governor to draw his warrant on the treasury of the State for a sum sufficient to pay lor certain military services therein mentioned, and for other purposes.
Also, a bill to repeal section 798 of the Revised Code of Georgia, referring to persons and property exempt from taxation, and for other purposes.
Also, a bill to relieve the Building and Loan Associations of this State from liability to certain taxes of and for the year 1875.
Also, a bill to repeal an Act entitled an Act to reduce the Sheriff's bond ofthecounty ofHeard, and increase the bonds of the Ordinary and Sheriff of Dougherty county, approved August 19, 1872, so far as the same relates to the bond of the Sheriff of Dougherty county.
Also, a bill to authorize the Judges of the Supreme Court, in their discretion, to purchase or to have purchased, for the use of the State Library, by the Library Fund now in their control, the fifty years' bound files of the gazette

FEBRUARY 2I, 1876.

443

formerly published at Milledgeville, called the Southern Recorder.
Also, a bill to authorize and empower the Mayor and City Council of Rome to adjust and settle the present bonded debt of that city, and provide for the payment of the same.
Also, a bill to consolidate the offices of Sheriff and Tax Receiver and Clerk of the Superior Court and Tax Collector, in the county of Oconee.
Also, a bill for the relief of G. \V. Cochran and Thomas Leslie, securities of D. G. \Vhitman, arid for other purposes.
Also, a bill to encourage valuable immigration into this State, and to appropriate money for that purpose.
Also, a bill to relieve the obligors on a penal bond for the appearance of Waldemar Moody at the Superior Court of Greene county.
The following bills of the House were read the second time and referred to the Committee on Internal Improvements, to-wit :
A bill to incorporate the town of Oconee, in the county of Washington, to provide for the election of Commissioners for the same, and for other purposes.
Also, a bill to amend the charter of the town of Barnesville, in the county of Pike.
Also, a bill to repeal the Act of October r8, 1870, amending the Act incorporating the First Presbyterian Church in Augusta.
The following bills of the House were read the second time and referred to the Committee on New Counties and County Lines, to-wit:
A bill to change the county line between the counties of Houston and Macon, and Stewart and Randolph.
Also, a bill to change the line between the counties of Randolph and Terrell.
Also, a bill of the House to prevent persons from fishing

444:

JouRNAL OF THE SENATE

and hunting on the premises of others in the county of Macon, was rea-: the second time and referred to the Committee on Agriculture.
Also, a bill of the House to provide for the payment of school officers and teachers for services rendered in Whitfield county during the year 1871, was read the second time and referred to the Committee on Education.
The following message was received from the House of Representatives, through Mr. Sweat, the Clerk thereof, to-wit:
Jib. Prcsidmt:
The House of Representatives have agreed to the following resolution, in which they ask the concurrence of the Senate, to-wit:
A resolution for the appointment of a joint committee to inform his Excellency the Governor that the present session of the General Assembly has been prolonged until Wednesday, the 23d instant, at 12 o'clock p. m., and the committee appointed on the part of the House are Messrs. Bacon, of Bibb, and Searcy, of Talbot.
On motion of Mr. Kibbee, the resolution mentioned in the foregoing message was taken up and concurred in, and Mr. Felton was appointed on the part of the Senate.
On motion of Mr. Mattox, the rules were suspended, and the Senate took up, as the report of the Committee of the Whole, the bill to allow Edward A. Delagal to practice medicine in the county of Liberty, and charge and collect for the same. The report was agreed to. The bill was read the third time and passed.
On motion of Mr. Mattox, the same was ordered to be transmitted to the House without delay.
On motion of Mr. Wilson, the rules were suspended, and the Senate took up, as the report of the Committee of the Whole, the bill of the House to amend an Act entitled an Act to abolish the offices of Tax Collector and Tax Receiver of Murray county as separate offices; to make



FEBRUARY 21, 1876.

445

the Sheriff Tax Collector, and the Deputy Sheriff Tax Receiver, approved February 4, 1875, and for other purposes. The report was agreed to. The bill was read the third time and passed.
Mr. vVilson, chairman of the Committee on Military Affairs, made a report, which was read.
Mr. Lester, chairman of the Judiciary Committee, made a report, which was read, referring to certain bills.
Mr. Kibbee, chairman of the Committee on Finance, made a report, which was read.
Mr. Felton, appointed on the part of the Senate, under a joint resolution to inform the Governor of the resolution of the General Assembly to adjourn si11e die at 12 o'clock p. m. on Wednesday next, reported the performance of that duty.
The following message \Vas received from the House of Representatives, through Mr. Sweat, the Clerk thereof, to-wit:
Mr. Preszdent: The House of Representatives have passed the following
bills, to-wit : A bill to. incorporate an insurance company in the city
of Augusta to be called the Augusta Insurance Company. Also, a bill to appropriate money for the relief of A. A.
Paul, John vV. \Vilson and the representative of Robert L a d d.
The House has also passed the following Senate bills, to-wit:
A bill to provide a penalty for escapes from the chain gang, and for other purposes.
Also, a bill to change the line between the counties of Calhoun and Early.
Also, a bill to amend an Act to regulate the sale of intoxicating liquors in the counties of wilkes and Polk, ap-
proved February 27, 1875
Also, a bill to authorize Ernest G. Roch, an alien, to



446

JouRNAL OF THE SENATE

practice law in this State before he is twenty-one years of age.
Also, a bill to amend an Act to create a County Court in each county of the State of Georgia, except certain counties therein mentioned, approved January 19, 1872, and for other purposes.
Also, a bill to amend an Act entitled an Act to amend an Act entitled an Act to prescribe the mode of granting license to sell intoxicating liquors in the counties of Burke, Jefferson and Washington, and to extend the said recited Act to certain counties, approved March 5, 1875, so as to apply its provisions to the county of Liberty.
Also, a bill to prevent the sale of spirituous liquors within two miles of Henry's Church, in Hart county.
Also, a bill to regulate the fees of the Attorney General of this State.
Also, a bill to amend section 283 of the Code of 1873 in relation to the special jurisdiction of the County Court Judges.
Also, a bill to amend section 414r of the Code of 1873 relating to the date of summons, when the amount involved is fifty dollars or under.
Also, a bill to regulate and define the liability of the State of Georgia as owner of the Macon & Brunswick Railroad, and to prescribe how and where suits shall be brought against the same.
Also, a bill to amend an Act to organize a Board of County Commissioners for the county of Twiggs.
Also, a bill to define the laws as to advertising citations and other notices or sales, by Ordinaries, Clerks, Sheriffs, administrators, executors, guardians, etc., in this State.
Also, a bill to amend section 4376 of the Code, so as to include in the definition of the crime mentioned in said section the person who shall burn, set fire to, or attempt to burn his own house.
The House has also passed the following bills of the

FEBRUARY 21, 1876.

447

Senate, with amendments, in which they ask the concur. n nee of the Senate, to-wit:
A bill to repeal the 3d section of an Act to amend an Act to establish a City Court in the city of Atlanta, approved March 10, 1875, and for other purposes.
Also, a bill to change the line between the counties of Bibb and Twiggs_
The House has also passed the following bills, to-wit: A bill to fix the compensation of Tax Collector, Tax Receiver, County Treasurer, and the per diem pay of jurors in the county of Washington, and the per diem pay of jurors in the county of Johnson. Also, a bill to create a Criminal Court for the county of Bartow. The following message was received from the House of Representatives, through Mr. Sweat, the Clerk thereof, to-wit:
Mr. President : The House' of Representatives have passed the following
bills of the Senate, to-wit: A bill to amend section 2J.79 of the Code of Georgia. Also, a bill to make minors parties to proceedings in the
courts of this State. Also, a bill to amend an Act entitled an Act to prohibit
the sale of spirituous or malt liquors within two miles of New Liberty Church, in Catoosa county, and to provide punishment for the violation of this Act, and for other purposes.
The House of Representatives have also passed the following Senate bills, with amendments thereto, in which they ask the concurrence of the Senate, to-wit:
A bill to amend an Act entitled an Act to provide for the payment of certain insolvent criminal costs in the Northern Judicial Circuit, and for other purposes.
Also, a bill to change the time of holding the Superior Court of the county of Washington, and for other purposes.

448

JouRNAL OF THE SENATE

Also, a bill to amend an Act to consolidate and amend

the several Acts incorporating the city of Brunswick, and

for other purposes therein mentioned, and to confer addi-

tional powers on the Mayor and Council of the city of

Brunswick.

The House of Representatives have also passed the fol-

lowing bill of the House of Representatives, to-\vit :

A bill to alter and amend the road law of this State,

so far as relates to the county of Fulton, and to provide

for the working of the public roads of said county by

convict labor, and to authorize the Ordinary of said county

to levy and collect a tax for said purposes.

The House of Representatives have also passed the fol-

lowing bill of the Senate, to-wit :

A bill to permit the Savannah Bank and Trust Company

to reduce their capital stock.

The House of Representatives have also passed the fol-

lowing bill of the Senate by the constitutional majority of

yeas, 137; and nays, 5, to-wit:

'

A bill to amend the charter of the Bank of 'vVashington

at Washington, Georgia.

The House of Representatives have passed the following

bill, to-wit:

A bill for the relief of James D. Collins, of the county

of Fulton, as security on a forfeited recognizance in the

case of the State vs. E. E. Vaughn.

The House of Representatives have also agreed to the following resolution, in which they ask the concurrence of the Senate, to-wit :

A resolution asking the aid of Congress for surviving soldiers of the war with Mexico.
The Senate, on motion, took up and receded from its amendment to the bill of the House to authorize the Grangers Life and Health Insurance Company to create and establish a State Department in the State of Georgia, and to incorporate the same, and for other purposes.

FEBRUARY 21, 1876.

449

The Senate, on motion, took up its amendment to the bill of the House to change and define the corporate limits oQf the town of Camilla, in Mitchell county in this State, in which amendment the House refused to concur.

Mr. Brimberry moved that the Senate adhere to its amendments.

On this proposition, Mr. Peavy demanded the yeas and nays, which were recorded, to-wit :

Those voting in the affirmative are-Messrs.

"Brimberry,

Gilmore,

McAfee,

Cain,

Hopps,

of the 39th,

Cannon,

Howell,

McDonald,

Chastain,

Mattox,

vVilson,

Cooper,

McAfee,

vVinn.

Crawford,

of the 32d,

Deadwiler,

Those voting in the negative are-Messrs.

Arnow, Carter, Freeman, Graham, Harris,

Kibbee, Lester, O'Daniel, Peavy, Reese,

Robinson, Rutherford, Slaughter, Wilcox.

Yeas, 16. Nays, 14. So the motion to adhere to the amendment of the Senate prevailed.

On motion of Mr. Peavy, the same was ordered to be transmitted to the House without delay.

The Senate took up and concurred in the House amendments to the following bills of the Senate, to-wit:

A bill to authorize the issue of bonds of the State wherewith to retire, by exchange, the recognized bonds of the Macon & Brunswick Railroad endorsed by the State, as also the bonds of the North & South Railroad having like endorsement, and for the purpose of paying the in-
29

450

JouRNAL oF THE SENATE

terest now due and falling due thereon, up to the date of retirement by exchange, and for other purposes.
Also, the bill to change the line between the counties of Bibb and Twiggs, so as to include lots Nos. I32, I33, I22, I23, I20, I2I, 110, I I I, and parts of lots Nos. I08, 109, and 92, West of Stone creek, in the county of Bibb.
Also, a bill to amend an Act to provide for the payment of certain insolvent criminal costs in the Northern Judicial Circuit, and for other purposes.
Also, a bill to repeal all local laws or ordinances inconsistent with section I563 of the Revised Code of I873, in relation to the inspection of lumber or timber; to fix the maximum fees to be charged by inspectors thereof; toprescribe the penalty of over charges, and for other purposes.
Also, a bill for the relief of the securities of Thomas E. McRae on a criminal bond.
Also, a bill to change the time of holding the Superior Court of the county of Washington, and for other purposes.
Also, a bill to amend an Act to consolidate and amend the several Acts incorporating the city of Brunswick, and for other purposes therein mentioned, and to confer additional powers on the Mayor and Council of the city of Brunswick.
The Senate receded from its amendment, so far as the county of Bartow is concerned, to the bill of the House toprohibit persons from hunting or fishing on the enclosed lands of another, and provide a punishment for the same, except in certain counties therein named.
The following message was received from the House of Representatives, through Mr. Sweat, the Clerk thereof,. to-wit:
Mr. President: The House of Representatives have passed the following
Senate bills, to-wit: A bill to re4l~al so much of the present general school

FEBRUARY 21, 1876.

451

law as requires the county;school fund to be apportioned among the sub-districts.
The House has also passed the following bill of the Senate by a constitutional majority of yeas, I I 2; nays, 3, to-wit:
A bill to incorporate the Merchants Bank of Atlanta. The House has also concurred in the Senate substitute for the following biil of the House, to-wit : A bill to organize a Criminal Court for the county of
Burke. The House has refused to adopt the substitute of the
of the Senate for the following bill of the House, to-wit: A bill to license the keeping of dogs in this State, and
for the protection of sheep raising, and for other purposes. The House has passed the following bill, to-wit: A bill to provide for the printing of the Department of
Agriculture of the State of Georgia. On motion of Mr. Lester, leave of absence was granted
Mr. J\rnow, of the 4th District, for the remainder of the sesswn.
Mr. McDaniel, chairman of the special committee appointed to inquire in regard to the lease of the vVestern & Atlantic Railroad, made a report, which was read.
On motion of Mr. Kibbee, the same was ordered to be spread upon the Journal of the Senate, and one hundred and fifty copies thereof ordered to be printed for the use of the Senate.
The Senate, on motion, took up for consideration its amendment to the bill of the House to license the keeping of dogs in this State, and for the protection of sheep raising, and for other purposes, in which the House refused to concur.
Mr. Kibbee moved that the Senate recede from its amendment. Pending this motion, Mr. Wilson moved that the subject matter be made the special order for 1 1 o'clock to-morrow morning.
The hour of adjournment having arrived, the Semite was declared adjourned until 10 o'clock a. m., to-morrow.

~52

JOURNAL OF THE SENATE .

SENATE CHAMBER, ATLANTA, GA., } Tuesday, February 22, 1876, 10 o'clock a.m.

The Senate met pursuant to adjournment, the Presiident in the Chair, and was opened with prayer by the Chaplain.
The roll was called, and the following Senators were present, and answered to their names, to-wit-Messrs.

Arnow, Black, Blance, Brimberry, Cain, Cannon, Carter, Chastain, Cooper, Crawford, Deadwiler, Felton, Freeman, Gilmore, Graham,

Harris, Hester, Hopps, Howell, Hudson,
of the 25th, Hudson,
of the 28th, Kibbee, Knight, Lester, Matthews, Mattox, McAfee,
of the 32d,

McAfee, of the 39th,
McDaniel, McDonald, O'Daniel, Payne, Peavy, Reese, Robinson, Rutherford, Slaughter,
' Wilcox,
Wilson, Winn, MR. PRESIDENT.

The Journal was reacl.

Mr. Cooper moved a reconsideration of so much of the Journal of yesterday as relates to the action of the Senate in receding from its amendment to the bill of the House to prohibit persons from hunting or fishing on the lands of another, and provide punishment for the same, except in eertain counties therein named.
The motion prevailed.

On motion of Mr. Kibbee, the bill of the House for the relief of Thomas W. Davis, and the bill to relieve J. W. Grubbs, A. G. Inman and others, were re-committed to the Committee on Finance.

The following bills of the House were read the second

FEBRUARY 22, 1876.

453

time and ordered to be committed for a third reading, to-wit:
A bill to alter an Act to repeal an Act creating an Advisory Board for the counties of Laurens and Glascock, so far as relates to the county of Laurens, and to provide a Board of Commissioners of the counties of Johnson and Laurens, approved February 22, 1875.
Also, a bill to exempt all male citizens over forty-five years of age from road duty in the counties of Dodge. Union and Fannin.
Also, a bill to incorporate the town of Stockton, in the county of Clinch.
Also, a bill to authorize the Trustees of Salacoa Academy, of Gorclon county, to sell the same, and for other purposes.
Also, a bill to repeal an Act requiring the registration of voters in the city of Bainbridge, and for other purposes, approved March 3, 1874.
Also, a bill to authorize the Governor to farm or lease out convicts of the Penitentiary to the Gainesville, Blairsville & Northwestern Railroad Company, and for other purposes.
Also, a bill to alter and amend an Act to regulate the sale of intoxicating liquors in the counties of Floyd, Dade and other counties, approved February 26, 1875.
Also, a bill to alter and amend the charter of the city of Columbus, so as to abolish the office of Deputy Marshal of said city.
Also, a bill to reduce the commissions of Tax Collector and Tax Receiver for collecting the county tax for Clay county.
Also, a bill to amend the charter of the town of Belton, in the counties of Hall and Banks.
Also, a bill to prohibit the sale of spirituous liquors within two miles of Red Hill Church and Masonic Lodge., in Stewart county, and to provide for punishing the same.

454

JouRNAL oF THE SENATE

Also, a bill to submit to a vote of the citizens of LaGrange the question of allowing the sale of spirituous liquors within the corporate limits of said city.
Also, a bill to authorize David Shuler, of the county of Fannin, to erect and keep a toll gate on the road from Ellijay, Georgia, to Murphy, North Carolina.
Also, a bill to prescribe the mode of granting license to sell intoxicating liquors in the counties of Telfair and Montgomery.
Also, a bill to make the Tax Collector of Dougherty county ex-officio Sheriff, and for other purposes.
Also, a bill to provide for the printing of the Department of Agriculture of the State of Georgia.
Also, a bill to incorporate the Merchants and Planters Bank of Griffin.
Also, a bill to allow the placing of fish traps in the waters of Big Indian creek, in Houston county.
Also, a bill to prohibit the s<:.le of intoxicating liquors within three miles of Bethlehem and \Vilson Churches, in Jackson county.
Also, a bill amendatory of the County Court Act, so far as the same relates to the county of Putnam, and for other purposes.
Also, a bill to prohibit the authorities of the city of Bainbridge from taxing lands in the corporate limits of said city used for agricultural purposes at a greater rate than their value for such uses.
Also, a bill to create a Criminal Court for the county of Bartow.
Also, a bill to amend an Act regulating the sale of intoxicating liquors in Floyd, Dade, Polk and other counties, so far as the same relates to the county of Harralson.
Also, a bill to regulate the sale of schnapps, and other intoxicating drinks, in the county of Union, under the guise of medicine, and for other purposes.
Also, a bill to alter and amend the road laws of this

FEBRUARY 22, 1876.

455

State, so far as relates to the county ot Fulton, and for other purposes.
Mr. Freeman, chairman of the Committee on Enrollment, made the following report, to-wit :
M1. President:
The Committee on Enrollment report as duly enrolled and ready for the signatures of the President and Secretary .of the Senate the following bills, to-wit:
A bill to amend section 4376 of the Code, so as to indude in the definition of the crime mentioned in said section the person who shall burn, set fire to, or attempt to burn his own house.
Also, a bill to change the line between the counties of Calhoun and Early.
Also, a bill to amend an Act to regulate the sale of intoxicating liquors in the counties of Wilkes and Polk, approved February 27, 1875
Also, a bill to prevent the sale of spirituous or malt liquors within two miles of Henry's Church, in the county -of Hart.
Also, a bill to amend section 283 of the Code of 1873, in relation to the special jurisdiction of the County Court Judges.
Also, a bill to authorize Ernest G. Roch, an alien, to practice law in this State before he is twenty-one years of .age.
Also, a bill to amend an Act entitled an Act to amend .an Act entitled an Act to prescribe the mode of granting license to sell intoxicating liquors in the counties of Burke, Jefferson and Washington, approved February 20, 1873 and to extend the said recited Act as so amended to the various counties in this bill mentioned, the said Act having been approved March 5, 1875, so as to apply its provisions to the county of Liberty.
Also, a bill to amend section 4141 of the Code of 1873,

456

JoURNAL OF THE SENATE

relating to the date of summons, when the amount involved is fifty dollars or under.
Also, a bill to provide a penalty for escapes from the chain gang, and for other purposes.
Also, a bill to amend an Act entitled an Act to organize a Board of County Commissioners for the county of Twiggs, approved March 2, 1875.
Also, a bill to define the law as to advertising citations, and other notices or sales, by Ordinaries, Clerks, Sheriffs, administrators, executors, guardians, etc., in this State.
Also, a bill to regulate the fees of the Attorney General of this State.
Also, a bill to regulate and define the liability of the State of Georgia as owner of the Macon & Brunswick Railroad, and to prescribe how and where suits shall be brought against the same.
Also, a bill to authorize and empower the Court of Ordinary of the county of Troup to have and take jurisdiction of the execution of the last will and testament of Joseph L. Banning, deceased, late of Meriwether county.
Also, a bill to create a County Court in each county of the State of Georgia, except certain counties therein mentioned, approved January 19, 1872, and for other purposes, so far as the same relates to the county of Screven, and for other purposes therein mentioned.
The following message was received from the House of Representatives, through Mr. Sweat, the Clerk thereof, to-wit:
Mr. President : The House of Representatives have agreed to the fol-
lowing resolution, in which they ask the concurrence of the Senate, to-wit :
A resolution authorizing the Governor to sell certain real estate belonging to the State of Georgia.
The House has also concurred in the following resolution of the Senate, to-wit :

FEBRUARY 22, 1876.

457

A resolution to authorize the Governor to effect temporary loans during the year 1876.
The House has also passed the following bills of the Senate, to-wit :
A bill to repeal the 10th section of an Act to create a Board of Commissioners for the county of Clay, and toprescribe the powers and duties of the same, approved. February 20, 1873.
Also, a bill to amend the charter of the city of Sandersville, and to authorize the corporate authorities of said city to invest in the stock of the Sandersville & Tennille Railroad Company.
Also, a bill to amend an Act to prescribe the mode of incorporating towns and villages in this State, approved August 26, 1872, and Acts amendatory thereof, by addingadditional sections to the general Act.
Also, a bill to regulate the sale of spirituous liquors in the city of Brunswick, county of Glynn, and to submit the same to a vote of the people.
The House has also passed the following Senate bills, with amendments, in which they asks the concurrence of the Senate, to-wit :
A bill to incorporate the Toccoa & Tullulah Railway Company, and for other purposes.
Also, a bill to amend an Act to prescribe the mode of granting license to sell intoxicating liquors in the counties of Jefferson, Burke and Washington, approved February 20, 1873, so as to make all the provisions of said Act apply to and embrace the counties of Twiggs and Glascock.
Also, a bill to incorporate the St. Mary's Air Line Railroad Company.
Also, a bill to prohibit the sale of intoxicating liquors. within three miles of Holly Springs Baptist Church, in the county of Elbert.
Mr. Freeman, chairman of the Committee on Enrollment, made the following report, to-wit:

458

JouRNAL oF THE SENATE

Mr. President :
The Committee on Enrollment report as duly enrolled, and ready for the signatures of the President and Secretary of the Senate, the following bills, to-wit :
A bill to prescribe the fees of the County Treasurer of the county of Twiggs, to fix the time when the Act shall go into effect, and to impose certain duties on said officer.
Also, a bill to define in what court awards provided to be entered on the minutes of the Superior Court, under section 4242 of the Code of 1873, shall be entered.
Also, a bill to alter and amend an Act entitled an Act for the prevention of cruelty to animals, approved March I, 1875.
Also, a bill for the relief of R. N. Varnell, Tax Collector of the county of Whitfield, and his securities, for the year 1874.
Also, a bill to provide a jury in Justices' Courts for the trial of cases of forcible entry and detainer, or forcible detainer.
Also, a bill to authorize the Ordinary or Board of Commissioners of Stewart county to hire out prisoners confined in the jail of said county for misdemeanors, and for ~ther purposes.
Also, a bill to declare invalid, null and void certain six per cent. currency bonds of the State of Georgia, issued under an Act approved February 17, 1854.
Also, a bill to amend an Act to prohibit hunting on the lands of another in the counties of Quitman and Camden, and for other purposes.
Also, a bill to prevent unlawful traffic in farm products in this State, and to prescribe a penalty for the same.
Also, a bill to change the county line between the counties of Clinch and Ware.
Also, a bill to transfer the county of Twiggs from the Macon Circuit to the Oconee Circuit, and to fix the time ~r holding the Superior Courts of the counties composing .said Oconee Circuit as organized under this bill.

FEBRUARY 22, 1876.

459

Also, a bill to authorize County School Commissioners and members of County Boards of Education to administer oaths in certain cases.
Also, a bill to amend an Act entitled an Act to amend the tax laws of this State relating to railroad companies in this State, so far as the same applies to the Brunswick & Albany Railroad, and for other purposes.
Mr. Freeman, chairman of the Committee on Enrollment, made the following report, to-wit :
Mr. President:
The Committee on Enrollment report as duly signed by the President and Secretary of the Senate, and Speaker and Clerk of the House of Representatives, and ready for transmission to his Excellency the Governor, the following bills, to-wit :
A bill to prescribe the fees of County Treasurer of the county of Twiggs ; to fix the time when the Act shall go into effect, and to impose certain duties on said officer.
Also, a bill to define in what court awards provided to be entered on the minutes of Superior Courts, under section 4242 of the Code of 1873, shall be entered.
Also, a bill to alter and amend an Act entitled an Act for the prevention of cruelty to animals, approved March I, 1875.
Also, a bill for the relief of R. N. Varnell, Tax Collector of the county of Whitfield, and his securities, for the year 1874.
Also, a bill to provide a jury in Justices' Courts for the trial of cases of forcible entry and detainer, or forcible detainer.
Also, a bill to authorize the Ordinary or Board of Commissioners of Stewart county to hire out prisoners confined in the jail of said county for misdemeanors, and for other purposes.
Also, a bill to declare invalid, null and void certain six

460

} OURNAL OF THE SENATE

per cent. currency bonds of the State of Georgia, issued under an Act approved February 17, 1854
Also, a bill to amend an Act to prohibit hunting on the lands of another in the counties of Quitman and Camden, and for other purposes.
Also, a bill to prevent unlawful traffic in farm products in this State, and to prescribe a penalty for the same.
Also, a bill to change the county line between the counties of Clinch and Ware.
Also, a bill to transfer the county of Twiggs from the Macon Circuit to the Oconee Circuit, and to fix the time of holding_ the Superior Courts of the counties composing said Oconee Circuit, as organized under this bill.
Also, a bill to authorize County School Commissioners and members of County Roards of Education to administer oaths in certain cases.
Also, a bill to amend an Act entitled an Act to amend the tax laws of this State relating to the railroad companies in this State, so far as the same applies to the Brunswick & Albany Railroad, and for other purposes.
Mr. Freeman, chairman of the Committee on Enrollment, made the following report, to-wit:
Mr. President :
The Committee on Enrollment report as duly signed by the President and Secretary of the Senate, Speaker and Clerk of the House of Representatives, and ready for transmission to his Excellency the Governor, the following bills, to-wit :
A bill to amend section 4376 of the Code, so as to include in the definition of the crime mentioned in said section the person who shall burn, set fire to, or attempt to burn his own house.
Also, a bill to change the line between the counties of Calhoun and Early.
Also, a bill to amend an Act to regulate the sale of in-

FEBRUARY 22, 1876.

461

toxicating liquors in the counties of Wilkes and Polk, approved February 27, 1875.
Also, a bill to prevent the sale of spirituous or malt liquors within two miles of Henry's Church, in the county of Hart.
Also, a bill to amend section 283 of the Code of 1873 in relation to the special jurisdiction of the County Court Judges.
Also, a bill to authorize Ernest G. Roch, an alien, to practice law in this State before he is twenty-one years of age.
Also, a bill to amend an Act entitled an Act to amend an Act entitled an Act to prescribe the mode of granting license to sell intoxicating liquors in the counties of Burke, Jefferson and Washington, approved February 20, 1873, and to extend the said recited Act, as so amended, to the various counties in this bilhnentioned, the said Act having been approved March 5, 1875, so as to apply its provisions to the county of Liberty.
Also, a bill to amend section 4141 of the Code of 1873 relating to the date of summons, when the amount involved is fifty dollars or under.
Also, a bill to provide a penalty for escapes from the chain ga,ng, and for other purposes.
Also, a bill to amend an Act entitled an Act to organize a Board. of County Commissioners for the county of Twiggs, approved March 2, 1875.
Also, a bill to define the law as to advertising citations and other notices or sales by Ordinaries, Clerks, Sheriffs, administrators, executors, guardians, etc., in this State.
Also, a bill to regulate the fees of the Attorney General of this State.
Also, a bill to regulate and define the liability of the State of Georgia as owner of the Macon & Brunswick Railroad, and to prescribe how and where suits shall be brought against the same.

462

JouRNAL OF THE SENATE

Also, a bill to authorize and empower the Court of Ordinary of the county of Troup to have and take jurisdiction of the execution of the last will and testament of Joseph L. Banning, deceased, late of Meriwether county.
Also, a bill to create a County Court in each county of the State of Georgia, except certain counties therein mentioned, approved January 19, 1872, and for other purposes, so far as the same relates to the county of Screven, and for other purposes therein mentioned.
The following message was received from the House of Representatives, through Mr. Sweat, the Clerk thereof, to-wit:
Mr. President : The House of Representatives has passed the following
bills of the Senate, to-wit : A bill to amend an Act entitled an Act to prohibit the
sale of intoxicating liquors or alcoholic bitters, in quantities less than one gallon, within two miles of the village of Villa Rica, in the county of Carroll, approved February
26, 1874 Also, a bill to make penal the catching of fish in the
Allapaha river, and its tributaries, within the boundary lines of the county of Screven.
Also, a bill to incorporate the Harper Sewing Machine Company of Atlanta, Georgia.
Also, a bill to repeal an Act entitled an Act to amend an Act to create a County Court in each county of tl:e State of Georgia, except certain counties therein mentioned, approved January 19, 1872, and for other purposes, so far as the same relates to the county of Screven.
Also, a bill to change the line between the counties of Calhoun and Clay.
Also, a bill to incorporate the Fulton Cotton Spinning Company.
Also, a bill to amend an Act entitled an Act for the protection of deer, partridges and wild turkeys in the counties

FEBRUARY 22, 1876.

463

of Chatham and Bryan, and to make the killing or trapping of the same in said counties a penal offense during certain seasons of the year, and for other purposes, so as to include Camden, Bartow, Putnam and Floyd counties.
Also, a bill for the relief of John A. Houser and L. M. Houser, of the county of Houston, and F. M. Houser, of the county of Chatham, from all th~ pains and penalties incurred by them by reason of their securityship on a penal bond of twenty-five hundred dollars, for the appearance of D. B. Houser at the November term, 1874, of Houston Superior Court.
The House recedes from its amendment, and concurs in the Senate amendment to the following bill of the House, to-wit:
A bill to prohibit persons from hunting or fishing on the lands of another, and to provide a punishment for the same, except in certain counties therein named.
The House insists upon its refusal to concur in the Senate amendment to the following bill of the House, to-wit :
A bill to define the corporate limits of the town of Camilla, in Mitchell county, and requests a committee of conference on the same. The committee appointed on the part of the House are Messrs. Davis, Candler and McGill.
The following bills of the House were read the second time and referred to the Committee on Finance, to-wit :
A bill to appropriate money for the relief of A. A. Paul, John W. Wilson, and the representative of Robert Ladd.
Also, a bill to authorize and require the State Treasurer to pay certain past due coupons of this State.
Also, a bill to limit the amount of taxes to be levied for county purposes in the county of Decatur, and for other purposes.
Also, a bill to amend the incorporation of the town of Cochran, in Pulaski county.
Also, a bill to compen5ate Stephen Saucer, of the county of Dougherty.

464

JouRNAL oF THE SENATE

Also, a bill for the relief ofT. S. Chester, Thos. Savage .and John Wilkinson.
Also, a bill to fix the compensation of Tax Collectors, Tax Receivers, County Treasurer, and fix the per diem of jurors in the counties of \Vashington and Johnson.
Also, a bill for the relief of Elizabeth Tanner, of Dawson .county.
Also, a bill for the relief of Mrs. G. W. Underwood, of .Bartow county.
Also, a bill for the relief of']ames D. Collins, of the county of Fulton.
The following bills of the House were read the second time and referred to the Committee on Internal Improvements, to-wit :
A bill to change the corporate line of the city of Cartersville, in Bartow county.
Also, a bill to alter and amend the charter of the town of DeSoto, in Floyd county.
Also, a bill to prohibit any person or persons fr.om ob.structing Toccoa river, in Fannin county.
Also, a bill to alter and amend an Act to incorporate the town of Hogansville, in the county of Troup.
Also, a bill to incorporate the town of Duluth, in the .county of Gwinnett.
Also, a bill to amend an Act to extend the corporate limits of the town of Watkinsville, in the county of Clarke.
Also, a bill of the House to incorporate an insurance company in the city of Augusta, to be called the Augusta Insurance Company, was read the second time and referred to the Committee on Banks.
Also, a bill of the House to change the line between the counties of Coffee and \Vare, was referred to the Committee -on New Counties and County Lines.
Also, a bill of the House to exempt officers and members .of the Liberty County Independent Troop was read the .second time and referred to the Military Committee.

FEBRUARY 22, 18J6.

465

Also, a bill of the House to protect farm products in the <eounty of Decatur, was read the second time and referred :to the Committee on Agriculture.
Also, a bill of the House to relieve Wallis Haley & Co., and others, was read the second time and referred to the Committee on the Penitentiary.
The following bills of the House were read the second time and referred to the Committee on the Judiciary, towit:
A bill to regulate the sale of opium and the preparations thereof and therefrom.
Also, a bill to provide for payment of the tees of the Solicitor General of the Southern Judicial Circuit in cases .of misdemeanor transferred to the County Courts in said Circuit, and for other purposes.
Also, a bill to amend the charter of Vernon Shell Road Company, assented to December 13, 1859.
Also, a bill to authorize Judges of the Superior Courts of this State to strike criminal cases from the dockets, un.der certain circumstances, and for other purposes.
Also, a bill to prohibit the sale of intoxicating liquors within three miles of Reed Creek Baptist Church and Harmony Presbyterian Church, in the county of Hart, and Dove's Creek Church, in Elbert county, and for other purposes.
Also, a bill prescribing the time and manner of making and hearing motions for new trials, in criminal cases, before the County Court.
Also, a bill to consolidate the offices of Clerk of the Superior Court and Treasurer of Dougherty county, and fixing the pay for the same.
Also, a bill to regulate the pay of jurors in the county .of Decatur, and for other purposes therein mentioned.
Also, a bill amendatory of the County Court Act, so far as the same relates to the county of vVilke!", and for -other purposes.
30

466

jOURNAL OF THE SENATE

Also, a bill to amend an Act to amend an Act to organize a Criminal Court in the counties of Marion, Talbot, Stewart and Chattahoochee, approved March 2, 1874, and for other purposes.
Also, a bill to authorize the Commissioners of Roads and Revenues in the county of Baker to issue bonds to build certain bridges, and for the support of paupers.
Also, a bill to alter and amend section 4368 of the Code of 1873, on the subject of inveigling children, and for other purposes.
Also, a bill to require the Mayor of the city of Augusta to discharge the duties of Recorder of said city, and to limit the salary of said Mayor.
Also, a bill to provide for changing the time of holding the Superior Court of Echols county.
Also, a bill to abolish the County Court of Carroll county, and for other purposes.
Also, a bill to authorize married women to act as guar-dians for their minor children by a former husband.
Also, a bill to prescribe the duties and fix the term of service of the Solicitor of the County Court of Richmond county.
Also, a bill to regulate the traffic in seed cotton, and for other purposes.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to prohibit the sale and use of spirituous, malt or other intoxicating liquors within three miles of Camak Church, in the county of Warren, and to prescribe a penalty for the same. The report was. agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to repeal an Act to prohibit the retail of intoxicating liquors within the corporate limits of Hampton, Henry county, approved March 6, 1875. The report was agreed to. The bill was read the third time and passed.

FEBRUARY 22, 1876.

467

The Senate took up, as the report of the Committee of the Whole, a bill of the House to protect Ordinaries of this State in estates when the administration is vested in the Clerk of the Superior Court.
The report of the Judiciary Committee, which was adverse to the passage of the same was agreed to, and the bill, therefore, lost.
The Senate took up the special order, to-wit: The question of receding from its amendment to the bill of the House to license the keeping of dogs in the State, and for the protection of sheep raising, and for other purposes.
Mr. Wilson moved that the Senate insist upon its amendment. This motion was withdrawn.
Mr. Reese moved that the Senate recede from the amendment, which motion prevailed.

Mr. Reese offerred the following amendment, which was agreed to : amend by adding a section to the bill before the repealing clause, to read as follows: 'That this Act shall only take effect in those counties of this State where two-thirds of the grand jury, at any regular term, shall so distinctly and fully recommend in their general presentments, giving fully the names of said two-thirds."
Mr. Cain offered the following amendment, which was agreed to, to-wit : amend by striking out in the 3d line of the 3d section the words, ''that has been enumerated and returned for license under this Act."
On motion of Mr. Graham, the bill was further amended by striking from the 4th section, the words "or chase."
The report of the Committee as amended, was agreed to.
The bill was read the third time, and on the question of its passage, Mr. Winn required the yeas and nays to be recorded, to-wit :

Those voting in the affirmative are-:VIessrs.

Arnow, Black,

Hopps, Howell,

McDonald, O'Daniel,

468

JouRNAL OF THE SENATE

Blance, Brimberry, Cain, Carter, Crawford, Deadwiler, Graham,

Hudson,

Payne,

of the 28th, Perry,

Kibbee,

Reese,

Knight,

Robinson,

Lester,

Rutherford.

Matthews,

Slaughter,

Mattox,

\Vilcox.

Those voting in the negative are-Messrs.

Cannon, Chastain, Cooper, :Felton, Freeman,

Gilmore,

McAfee,

Hudson,

of the 39th,

of the 25th, McDaniel,

McAfee,

Wilson,

of the 32d, Winn.

Yeas, 26. Nays, 12.

So the bill was passed as amended, and, on motion of Mr. Graham, ordered to be transmitted to the House without delay.

The Senate took up by sections, as the report of the Committee of the whole, the bill of the House to regulate the leasing out of Penitentiary convicts by the Gov ernor, authorizing him to make contracts in relation thereto, and for other purposes.

This bill was referred to the Committee on the Penitentiary, who recommended the passage of the same, with certain amendments, which were severally agreed to.
Mr. Black proposed to amend by adding the following as an additional section, to precede the repealing clause:

SEc. - . Be it fU11ltcr enacted, That the Goverqpr, in determining the party or parties to whom convicts shall be leased under the provisions of this Act (except in cases of railroad companies, hereinbefore mentioned), shall give favorable consideration to the bid or bids offering the highest price for said convicts, all other things being equal.

The same was agreed to. The report as amended wc:s agreed to. The bill was read the third time, passed o.s

FEBRUARY 22, 1876.

46~

amended, and, on motion of Mr. Reese, ordered to be transmitted to the House without delay.
The Senate took up, as the report of the Committee of the Whole, the bill of the House to prescribe the mode and terms of sale of the property of the North & South Railroad Company.
The Committee on Finance recommended the passage of the same, with an amendment. The report as amended was agreed to. The bill was read the third time, passed as amended, and, on motion of Mr. Crawford, ordered to be transmitted to the House without delay.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to authorize the transfer of criminal cases pending in the Superior Court of Taylor county below the grade of felony, to the Criminal Court for said county, enacted by an Act approved March 4, 1875, and to provide for the payment of insolvent costs in cases of felony in said Superior Court, and for other purposes. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to prevent camp hunting in the counties of Douglas and Haralson. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to amend an Act entitled an Act for the relief of maimed and indigent soldiers, approved March 3, 1875 The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to prevent and punish fceticide or criminal abortion in the State of Georgia.
The Committee on the Judiciary recommended that the same do pass, with certain amendments, which were severally agreed to.
On motion of Mr. Reese, the same was further amended

470

JOURNAL OF THE SENATE

by adding after the word imprisonment the words "for life." The report as amended was agreed to. The bill was read the third time, passed as amended, and, on motion of Mr. Harris, ordered to be transmitted to the House without delay.
The Senate took up, as the report of the Committee of the Whole, the bill of the House to change the county line between the counties of Houston and Macon, and Stewart and Randolph.
The Committee on New Counties and County Lines, to whom the same was referred, recommended that it do pass, with an amendment. The amendment was agreed to. The report as amended was agreed to. The bill was read the third time, and passed as amended.
The Senate took up, as the report of the Committee of the vVhole, the bill of the House to incorporate the town of Oconee, in the county of \Vashington; to provide for the election of Commissioners for the same, and for other purposes. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the vVhole, a bill of the House to amend an Act entitled an Act to amend the several Acts incorporating the city of Gainesville, in Hall county, and for other purposes, approved February 22, 1873 The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the vVhole, a bill of the House to prevent persons from fishing and hunting on the premises of others in the county of Macon. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the vVhole, a bill of the House to organize a Criminal Court for the county of Decatur, to define its jurisdiction, and for other purposes.
Mr. Brimberry moved to amend the same by fixing the

FEBRUARY 22, 1876.

471

salary of the Judge at six hundred dollars. 'The amendment was not agreed to. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee cf the Whole, a bill of the House to alter and amend an Act entitled an Act to incorporate the town of Butler, in the county of Taylor, approved August 27, 1872, and for other purposes.
The Committee on Internal Improvements recommended the passage of the same, with an amendment, which was agreed to. The report as amended was agreed to. The bill was read the third time and passed as amended.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to regulate the compensation of Tax Receiver, Tax Collector and Treasurer of Troup and Coweta counties. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to relieve all actual bona fide active members of the Washington County Dragoons, and Washington County Rifles, from jury duty. Thereport was agreed to. The bill was read the third time and passed.
The hour of adjournment having arrived, the President .declared the Senate adjourned till 3 o'clock p. m.

AFTERNOON SESSION.
3 o'CLOCK.
The Senate met pursuant to adjournment-the President in the chair.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to change the line between the counties of Randolph and Terrell. The report was agreed to. The bill was read the third time and passed.
On motion of Mr. Freeman, the bills of the Senate

472

} OURNAL OF THE SENATE

amended in the House were taken up, and the amend-

ments of the House to the following bills of the Senate

were concurred in, to-wit :

,

A bill to incorporate the Fulton Cotton Spinning Com-

pany. Also, a bill to incorporate the Harper Sewing Machine
Company of Atlanta, Georgia.

Also, a bill to prohibit the sale of intoxicating liquor~ within three miles of Holly Springs Baptist Church, in the

county of Elbert. Also, a bill to incorporate the St. Mary's Air Line Rail-
road Company.

Also, a bill to amend an Act to prescribe the mode ot granting license to sell intoxicating liquors in the counties of Jefferson, Burke and Washington.
Also, a bill to incorporate the Toccoa and Tallulah Railroad Company, and for other purposes.
Also, a bill to repeal the 3d section of an Act to amend an Act to establish a City Court in the city of Atlanta, ap-

proved March 4, 1875, and to ratify acts done under said Act.

Also, a bill to incorporate the Merchants Bank of Atlanta.

The Senate took up, as the report of the Committee. of

the Whole, a bill of the House to change the time of holding the Superior Court for the Summer term for the county of Cherokee, and for other purposes. The report was

agreed to. The bill was read the third time and passed. The Senate took up, as the report of the Committee of
the Whole, a bill of the House to amend the Acts incorporating the town of Decatur, in the county of DeKalb.

The report was agreed to. The bill was read the third time and passed.

The Senate took up, as the report of the Committee of

the Whole, a bill of the House to incorporate the Citizens Loan & Trust Company of Marietta, Ga. The report was.

FEBRUARY 22, 1876.

47~

agreed to. The bill was read the third time, and on the question, ''shall this bill now pass ? " the yeas and nays were required to be recorded, to-wit:

Those voting in the affirmative are-Messrs.

Arnow,

Hester,

O'Daniel,

Brimberry,

Hudson,

Perry,

Cannon,

of the 25th, Reese,

Carter,

Kibbee,

Robinson,

Crawford,

Lester,

Rutherford,

Deadwiler,

McDaniel,

vVilson,

Gilmore,

McDonald,

\Vinn.

Graham,

Those voting in the negative are-Messrs.

Cooper, Harris, Hopps,
Yeas, 21.

Howell, McAfee,
of the 39th, Nays, 8.

Payne, Slaughter, Wilcox.

So the bill received the required constitutional majority of two-thirds, and was therefore passed.

The following message was received from the House of Representatives, through Mr. Sweat, the Clerk thereof, towit:

Mr. Presidmt:

The House of Representatives has passed the following bills of the Senate, to-wit:
A bill to amend an Act to prevent the destruction of insectiverous birds, etc., in the counties of Richmond, Dougherty and Randolph, approved February 22, 1874amended by extending the same to the counties of Calhoun, Baker and Bartow.
Also, a bill to repeal an Act to fix the official bonds of certain county officers of the counties of Monroe, Camden, Houston and Ware, so far as it relates to Camden.

Also, a bill to relieve F. W. Williams from all liability which has or may be incurred by him by the forfeiture, in

474

JouRNAL oF THE SENATE

Berrien Superior Court, of the appearance bonds of Har-

rison Carter, upon which he is security.

Also, a bill to reduce the Sheriff's bond of Calhoun

county to five thousand dollars.

Also, a bill to authorize the County Treasurer of Wash-

ington county to pay the wife of Haywood Brookins, Or-

dinary, for extra services, and for other purposes. Also, a bill to repeal so much of section 1272 of the



Code of 1873 as to make it the duty of the Governor to

issue new bonds of this State in lieu of all such legal

bonds as shall be paid off, or purchased and cancelled,

which said new bonds are intended to be added to and

made a part of the school fund of this State.

Also, a bill to fix the fees of the Jailor of Twiggs county

for dieting prisoners confined in Twiggs county jail on any

ground whatever.

Also, a bill to relieve the officers and agents of the

Georgia Railroad & Banking Company in certain cases

therein specified.

The House has also refused to adopt the Senate substi-

tute for the following bill of the House, to-wit:

A bill to provide for the holding of a Convention of the

people of Georgia for the purpose of revising the Consti-

tution of said State, and to appropriate money for the

same.

The following bills of the House, reported upon ad-

versely by the Judiciary Committee, were severally taken

up, the report of the Judiciary Committee agreed to, and

the bills, therefore, lost, to-wit :

A bill to regulate marriages in this State, and for other

purposes.

Also, a bill to amend section 456o of Irwin's Revised

Code, in relation to the arrest of vagrants.

Also, a bill to amend an Act to incorporate the town of

Statenville.

Also, a bill to prescribe an oath for Special Bailiffs of

Superior Courts.

FEBRUARY 22, 1876.

475

Also, a bill to amend section 3309 of the Code of 1873, relating to notice in cases of attachment.
Also, a bill to amend an Act incorporating the town of Smyrna, in Cobb county.
Also, a bill to authorize creditors of persons making voluntary assignment to compel the assignee to give security to discharge his trust, and for other purposes.
Also, a bill to prevent persons from fishing in any manner in the waters of Lake Douglas, and for other purposes.
Also, a bill to make the Tax Collectors of Troup, Emanuel and Douglas counties ex-officio Sheriffs for the collection of tax ft. fas.
Also, a bill to amend section 1844 of the Code, relative to issuing executions by Ordinaries against guardians in this State.
Also, a bill to provide for the dissolution of grand juries in certain cases.
The report of the Finance Committee on the following bills of the House, which were adverse to their passage, were agreed to, and the bills therefore severally lost, to-wit :
A bill to encourage valuahle immigration to this State, and to appropriate money for that purpose.
Also, a bill to relieve the Building and Loan Associations in this State from certain liability to taxes for the
year 1875 The adverse report of the Finance Committee on the
resolution of the Senate for the relief of the Planters Bank of Macon was adopted, and the resolution therefore lost.
Mr. Reese offered a resolution, which was agreed to, that the Secretary transmit all House bills acted on in the Senate forthwith, unless notice of reconsideration be given.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to provide for the keeping a record of all bonds issued in this State, and for other purposes. The report of the committee was agreed to. The bill was read the third time and passed.

476

JOURNAL OF THE SENATE

The Senate took up, as the report of the Committee of the Whole, the bill of the House to amend the laws of limitations in this State, and for other purposes. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill to amend section 2527 of the Revised Code of 1873.
The report of the Judiciary Committee, which was adverse to the passage of the same, was agreed to, and the bill, therefore, lost.
The Senate took up, as the report of the Committee of the whole, the bill of the House to authorize and require the Governor to purchase for the counties of Oconee, Douglas and Mcintosh, certain volumes of the decisions of the Supreme Court of this State, and to appropriate money for the same.
The report of the Finance Committee, which was adverse to the passage of the same, was agreed to, and the bill, therefore, lost.
The Senate took up, as the report of the Committee of the Whole, the bill of the House to provide for supplemental proceedings against debtors after judgments against them, and return of the executions unsatisfied, and for other purposes.
The adverse report of the Committee on the Judiciary was agreed to, and the bill, therefore, lost.
The Senate took up, as the report of the Committee of the Whole, the bill of the House for the relief of the heirs of John Caldwell, and for other purposes.
The adverse report of the Committee on Finance was agreed to, and the bill, therefore, lost.
The Senate took up, as the report of the Committee of the Whole, the bill of the House to amend section 456o of Irwin, Lester and Hill's Revised Code, in regard to vagrancy. The report was agreed to. The bill was read the third time and passed.

FEBRUARY 22, 1876.

477

The Senate took up, as the report of the Committee of the Whole, the bill of the House for the relief of Thomas \V. Davis, late Tax Collector of Bryan county. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, the bill of the House to repeal the Act of October 18, 1870, amending the Act of incorporation of the First Presbyterian Church in Augusta. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to repeal an Act to reduce the official bond of the Sheriff of Heard county, and increase the bonds of the Ordinary and Sheriff of Dougherty county, approved August 19, 1872, so far as the same applies to the bond of the Sheriff of Dougherty county.
The adverse report of the Committee on Finance was agreed to, and the bill, therefore, lost.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to amend an Act entitled an Act to regulate the sale of spirituous liquors in the counties of Floyd, Dade, Polk and other counties, and for other purposes. The report was agreed to. The bill was read the third time and lost.
Mr. McDaniel gave notice of his intention to move a reconsideration of the foregoing bill.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to provide for the payment of school officers and teachers for services rendered in Whitfield county during the year 1871.
The Committee on Education recommended the passage of the same as amended.
Mr. Graham proposed to amend so as to apply the provisions of the bill to the county of Taylor. The amendment was agreed to. The report as amended was agreed to. The bill was read the third time and passed as amended.

478

JoURNAL OF THE SENATE

The Senate took up, as the report of the Committee of the Whole, a bill of the House to incorporate the Tallapoosa Mining Company. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to encourage the propagation of fish in the waters of the State of Georgia, and for the protection of the same.
The Committee on Finance, to whom this bill was referred, recommended that it do pass with an amendment.
The report as amended was agreed to. The bill was read the third time and passed as amended.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to incorporate the Traders and Planters Savings Bank of Rome, Georgia. The report was agreed to. The bill was read the third time, and on the question of its passage, the yeas and nays were required to be recorded, to-w:t:

Those voting in the affirmative are-Messrs.

Brimberry,

Howell,

McDonald,

Cain,

Hudson,

O'Daniel,

Cannon,

of the 25th, Payne,

Carter,

Hudson,

Peavy,

Chastain,

of the 28th, Perry,

Crawford,

Kibbee,

Reese,

Deadwiler,

Lester,

Robinson,

Felton,

Matthews,

Rutherford,

Freeman,

McAfee,

Wilson,

Gilmore,

of the 32d, Winn.

Graham,

McDaniel,

Those voting in the negative are-Messrs.

Hopps, Mattox,

McAfee,

Slaughter,

of the 39th, Wilcox.

Yeas, 29. Nays, 5

So the bill having received the required constitutional majority of two-thirds, was passed.

FEBRUARY 22, 1876.

479

On motion of Mr. Cain, the amendment of the Senate to the bill of the House to provide for calling a Constitutional Convention, in which the House refused to concur, was taken up.
Mr. Wilson moved to lay the whole subject matter on the table for the present.
Mr. McDaniel submitted, as a point of order, that the only propositions upon which the Senate can now act are to insist upon or to recede from their amendment.
The point of order was sustained.
Mr. Howell moved to insist upon the amendment of the Senate. On this proposition the yeas and nays were demanded and recorded, to-wit:

Those voting in the affirmative are-Messrs.

Cannon, Carter, Chastain,

Hopps, Howell, Hudson,

McDonald, O'Daniel, Perry,

Cooper, Deadwiler,

of the 25th, Robinson,

McAfee,

Rutherford,

Felton, Graham,

of the 32d, Slaughter,

McAfee,

Wilcox,

Harris,

of the 39th, Wilson.

Those voting in the negative are-Messrs.

Brimberry,

Gilmore,

Payne,

Cain, Crawford, Freeman,

Lester, Mattox, McDaniel,

Peavy, Reese.

Yeas, 21. Nays, I I.

So the Senate insisted upon its amendment.

The Senate took up, as the report of the Committee of the Whole, the bill of the House to repea~/ sections 1254,

1255, 1256, 1257, 1258, 1259, I26o, 1261, 1262, 1263, 1264 and 1265 of the Code of Georgia, and for other pur-

poses.

The report of the Committee on Education, which was

480

JouRNAL OF THE SENATE

adverse to the passage of the same, was agreed to, and the bill was, therefore, lost.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to amend an Act to create a State Board of Health for the protection of life and health, and to prevent the spread of diseases in this State, .and for other purposes, approved February 25, 1875, and for other purposes. The report was agreed to. The bill was read the third time and passed.
The Senate, on motion, took up and concurred in the amendments of the House to the bill of the Senate to reduce the Sheriff's bond of Calhoun county.
The bill of the House to amend an Act establishing a Board of Commissioners of Roads and Revenues in the counties of Habersham and Lowndes, and for other purposes, was, on motion, indefinitely postponed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to make penal the harboring, secreting, entertaining, employing or keeping escaped <:onvicts from the Penitentiary and chain gangs of this State, and to prescribe penalties therefor. The report was agreed to. The bill was read the third time and passed.
T~ following message was received from the House of Representatives, through Mr. Sweat, the Clerk thereof, to-wit:
_j,fr. Presidmt: The House of Representatives have refused to adopt the
substitute of the Senate for the following bill of the House, to-wit:
A bill to license the keeping of dogs in the State, and for the protection of sheep raising, and for other purposes.
The House has also passed the following bills of the Senate, to-wit:
A bill to alter the laws of this State relative to the summary establishment of lost papers.
Also, a bill to repeal so much of the Code of 1873, sec-

FEBRUARY 22, 1876.

481

tion 3d, as requires publication of certain public laws of this State.
Also, a bill to amend an Act to protect the planters of -oyster beds, and to give exclusive right to the usufruct of natural beds of oysters in certain cases, and to prevent the taking of terrapins and turtles in certain seasons, approved February 18, 1856.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to amend an Act to create .a Board of Commissioners of Roads and Revenues in the -county of Harris, assented to March 17, 1869, so far as to make it applicable to the counties of Spalding and Butts, .approved February 5, 1873. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the vVhole, a bill of the House to fix the compensation of Tax Collector, Tax Receiver and Treasurer of the county of Monroe, and to provide extra compensation of officers. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to amend an:Act to estab_ !ish a Board of Commissioners for the county of Bibb, approved February 6, 1873, and to amend an Act amending .said above recited Act, approved March 2, 1874, so far as relates to the county of Bibb, and for other purposes. The report was agreed to. The bill was read the third time .and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to appropriate money for the use and improvement of the State Lunatic Asylum. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to fix the manner in which judgments of foreclosure may be taken upon mortgages
31

482

JOURNAL OF THE SENATE

given to Building and Loan Associations. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to consolidate the offices of Sheriff and Tax Receiver, and Clerk and Tax Collector, in the county of Oconee. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to incorporate the Blue Ridge Mining Company. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to amend an Act regulating the sale of spirituous liquors in the counties of Floyd, Polk, Dade, and other counties therein mentioned, approved February 26, 1875. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to amend an Act entitled an Act to provide for a Board of County Commissioners for Decatur county, and other purposes. The report was
(lgreed to. The bill was read the third time and passed. The Senate took up, as the report of the Committee of the Whole, a bill of the House to amend an Act to regulate the sale of spirituous liquors in Floyd, Dade and other counties, approved February 26, 1875, so as to include the county of Jackson in the provisions thereof. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to reduce the compensation allowed the Tax Collector, Tax Receiver, and County Treasurer, on county taxes collected in Butts county, in this State. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of

FEBRUARY 22, 1876.

483

the Whole, a bill of the House to create a Board of Commissioners for the county of Mcintosh and city of Darien, and to define their powers and duties. The report was was agreed to. The bill was read the third time and passed.

The following message was received from the House of Representatives, through Mr. Sweat, the Clerk thereof, towit:

Mr. Presidmt :

The House of Representatives has passed the following bills of the Senate, to-wit:

A bill to amend sections 1955 and 1956 of the Code of Georgia, of 1873, so as to alter the time for recording mortgages on real and personal property, and prescribing_ the place of record of mortgages on personalty.

Also, a bill to keep open, remove and prevent obstructions to the free passage of fish in the Kinchafoonee creek.

Also, a bill to change the time for holding the Court of Ordinary_in the county of Terrell.

Also, a bill to define and declare a portion of the line

between the counties of Irwin and Wilcox.



Also, a bill to compensate Clerks of the Superior Court and Sheriff for services rendered not otherwise provided for by law, so far as relates to the county of Liberty.
Also, a bill to provide tribunals where claims and illegalities interposed to executions issued from the Courts cf Ordinary shall be tried.
Also, a bill to define for whom trust estates may be created, and the reasons for such creation.
Also, a bill to provide for the compensation of the Judge of the County Court ; to regulate the fees of the County Solicitor, and for other purposes.
Also, a bill to change the line between the counties of Clay and Calhoun.
Also, a bill to empower the Judges of the Superior

484

JouRNAL OF THE SENATE

Courts of this State to employ stenographers, and for other purposes.
Also, a bill to change the county line between the counties of Coffee and Clinch.
The House has also passed the following Senate bill, with an amendment thereto, in which they ask the concurrence of the Senate, to-wit:
A bill to regulate the pay of grand, petit and County Court jurors for the county of Laurens.
The House of Representatives requests a committee of conferenc'e on the disagreement of the two Houses on the following bill of the House, to-wit:
A bill to provide for a Constitutional Convention of the people of this State to revise the Constitution, and to appropriate money for the same ; and the committee appointed on the part of the House are Messrs. Miller, of Marion; Hammond, of Thomas; and Candler, of Hall.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to amend an Act to prescribe the mode of granting license to sell intoxicating liquors in the counties of Jefferson, Burke and vVashington, ap~roved February 20, 1873. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to define the duties and liabilities of the several Overseers and Commissioners of Public Roads in certain cases, and for other purposes. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the vVhole, a bill of the House to amend an Act to make the County Court of Hancock county a Court of Record, and for other purposes. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to prevent the killing of

FEBRUARY 22, 1876.

485

partridges and wild turkeys, by shooting, hunting, trapping, netting and other means, in the county of Greene, and for other purposes.
The same was amended, on motion of Mr. Howell, by extending its provisions to the county of Cobb. The report as amended was agreed to. The bill was read the third time and passed.
Messrs. Peavy, Freeman and Brimberry were appointed on the part of the Senate to join the committee of conference appointed by the House on the bill to change and define the corporate limits of the town of Camilla.
Messrs. Howell and Hudson were appointed on the part of the Senate to join the committee of conference appointed by the House on the bill to provide for calling a Constitutional Convention.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to consolidate the office of County Treasurer of the county of Cobb with the office of Clerk of the Superior Court of said county, and for other purposes. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, the bill of the House to repeal an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for the county of Pierce, approved March 2, 1874 The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, the bill of the House to prohibit the sale of spirituous liquors within three miles of Island Creek Church, in Hancock county. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to create a Board of Commissioners of Roads and Revenues for the county of John-

486

JouRNAL oF THE SENATE

son, and to define its powers and duties. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to alter and amend an Act entitled an Act to designate the holidays to be observed in the acceptance and payment of bills of exchange, bank checks and promissory notes, approved February 23, 1875, and when protest and notice to endorsers is necessary, and days of grace shall be allowed, and for other purposes therein named. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to amend an Act to incorporate the town of vVhitesburg, in the county of Carroll, approved March 2, 1874. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to authorize the Commissioners of Roads and Revenues of the county of Camden to issue bonds, not to exceed two thousand dollars, to rebuild the county jail and complete the court house. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the vVhole, a bill of the House to provide for the payment -of insolvent costs of the officers of the Superior Court of Clarke county. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to abolish the City Court of Augusta, and for other purposes. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to suppress and prohibit the sale of intoxicating liquors within two miles of the town of Jacksonville, in the county of Telfair, and within

FEBRUARY 22, 1876.

487

two miles of Trinity and Fletcher Chapels, in Meriwether county. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to alter, amend and consolidate the various road laws relative to the county of Chatham, and for other purposes. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, the bill of the House to prohibit the killing of partridges, wild turkeys and deer, at certain seaSOI).S, in the .counties of Lowndes, Thomas and Putnam. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, the bill of the House to provide for the creation of a Board of Commissioners of Roads and Revenues for the county of Oconee, and to define the powers and duties thereof. T~e report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, the bill of the House to prohibit the sale of intoxicating liquors within the limits of Cross Keys District, -of DeKalb county, in this State. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of .the 'Whole, the bill of the House to define and regulate the practice and mode of trial in certain chancery causes in this .State, and for other purposes. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, the bill of the House to define the duties and fix the liability of receivers appointed for railroad companies, in certain casf!s, and to create liens in favor of certain creditors, and pro\ 'de for the enforcement for such liens, and for other purr )Ses. The report was agreed to. The bill was read the f 1rd time and passed.

488

JouRNAL OF THE SENATE

The Senate took up, as the report of the Committee of the Whole, the bill of the House to prevent the sale of intoxicating liquors in the 223d and 225th Districts G. M., known as the Wild Cat and Scull Shoals Districts, in Oconee county. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, the bill of the House to alter and amend an Act to create a County Court in each county of the State of Georgia, except certain counties therein mentioned, approved January 19, 1872, so as to make the Clerk of the Superior Court ex-officio the Clerk of the County Court, so as to apply to the county of Macon, and prescribe the cost therein. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, the bill of the House to amend the County Court Act, so far as the same applies to the county of Oconee. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, the bill of the House to prohibit the sale of intoxicating liquors, or alcoholic bitters, in quantities less than five gallons, within the corporate limits of the town of Fort Valley, Houston county, Ga., except in certain cases therein specified; and in less quantity than one gallon within one-half mile of Sunny Side Station, on the Central Railroad, in Spalding county, and for other purposes. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to reduce the commissions of the County Treasurer of the county of Clay. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of

FEBRUARY 22, 1876.

489'

the Whole, a bill of the House to create and organize a County Court for the county of Habersham, in this State. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole a bill of the House to create a Board of Commissioners of Roads and Revenues for the county of Early, and to define the duties of the same. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to appropriate money to Solomon F. Williams, of the county of Carroll. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to amend an Act to create a Board of Commissioners of Roads and Revenues for the county of Houston, and for other purposes. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to prescribe and limit th.e compensation of Tax Receivers and Tax Collectors of the county of Bibb for receiving and collecting the county tax of said county, and to provide for the payment of the same. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to amend the Act incorporating the town of Homerville, in the county of Clipch, approved February 16, 1869. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House for the relief of G. W. Cochran and Thomas Leslie, securities on an appearance bond of G. D. Whitman, from liability on said bond and

490

JouRNAL oF THE SENATE

judgment of the Superior Co.urt of Walker county thereon, and for other purposes. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to authorize and empower the Mayor and City Council of Rome to adjust and settle the present bonded debt of that city, and to provide for the payment of the same. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to repeal certain local Acts for the county of Chatham, so far as they have reference to criminal matters, and the criminal costs of Magistrates in Chatham county, to-wit: an Act to repeal an Act entitled an Act to extend the civil jurisdiction of the Justices <>f the Peace in the city of Savannah, and to compel Justices of the Peace and Constables of Country Districts, in the county of Chatham, to be residents of the Districts of which they are elected, assented to 2Ist day of December, I835, so far as the civil jurisdiction of the Justices of the Peace for the Ist, 2d, 3d, and 4th Districts G. M., in the city of Savannah, are concerned ; and to establish rates of fees of Magistrates and Constables in the city of Savannah, approved February 17, I854, to-wit: an Act to point out the mode and manner of collecting Magistrates' and Constables' fees in the county of Chatham, and to amend an Act to repeal an Act to extend the civil juri3<diction of the Justices of the Peace in the city of Savannah; and to compel Justices of the Peace and Constables of the Country Districts in the county of Chatham to be residents of the Districts of which they are elected, assented to 21st day of December, 1835, so far as the civil jurisdiction of the Justices of the Peace for the 1st, 2d, 3d, and 4th Districts G. M., in the city of Savannah, are concerned; and to establish rates of fees of Magistrates and Constables in the city of Savannah, approved March 5, 1856;

FEBRUARY 23, 1876.

491

and, to-wit : an Act to establish rates of fees of Magistrates and Constables in the city of Savannah, and to provide for the payment of costs, by the county of Chatham, in criminal cases, approved March 2, 1874, and to point out the manner of collecting criminal costs in Chatham county, so far as Magistrates and Constables are concerned, and to repeal all Acts and parts of Acts which authorize the Magistrates, and ex-officio Magistrates of Chatham <:ounty, to collect costs in criminal cases from the treasury of said county, or the city of Savannah. The report was agreed to. The bill was read the third time and passed.
The hour of adjournment having arrived, the Senate was declared adjourned until 10 o'clock a. m., to-morrow.

SENATE CHAMBER, ATLANTA, GA., } Wednesday, Febntary 23, 1876, 10 o'clock a. m.

The Senate met pursuant to adjournment. Prayer by

the Chaplain.

The roll was called, and the following Senators were

present and answered to their names, to-wit-Messrs.

Arnow,

Harris,

McAfee, ofthe 39th,

Black,

Hester,

McDaniel,

Blance,

Hopps,

McDonald,

Brimberry,

Howell,

Newborn,

Cain,

Hudson,

O'Daniel,

Cannon, Carter,

of the 25th, Payne,

Hudson,

Peavy,

Chastain,

of the 28th, Reese,

Cooper,

Kibbee,

Robinson,

Crawford,

Knight,

Rutherford,

Deadwiler,

Lester,

Slaughter,

Felton,

Matthews,

Wilcox,

Freeman,

Mattox,

Wilson,

Gilmore,

McAfee,

Winn,

Graham,

of the 32d, MR. PRESIDENT.

The Journal was read.

492

JouRNAL oF THE SENATE

Mr. McDaniel moved to reconsider so much of the Journal of yesterday as relates to the indefinite postponement of the bill of the House to amend an Act regulating the sale of intoxicating liquors in Floyd, Dade, Polk, and other counties, and for other purposes. The motion .prevailed.
On motion of Mr. McDaniel, the rules were suspended for the purpose of taking up the foregoing bill.
The bill was amended on his motion. The report as amended was agreed to. The bill was read the third time and passed as amended.
On motion of Mr. Peavy, so much of the Journal of yesterday was reconsidered as relates to the loss of th~ bill of the House to make the Tax Collectors of Troup, Emanuel and Douglas counties ex-officio Sheriffs for the
collection of tax fl. fas.
The rules were suspended. The bill was taken up. The report thereon was agreed to. The bill was read the third time and passed.
On motion of Mr. Peavy, so much of the Journal of yesterday was reconsidered as relates to the loss of the bill of the House to authorize the Governor to supply the counties of Oconee, Douglas and Mcintosh with certain volumes of the Georgia Reports, and to appropriate money therefor.
On motion of Mr. Peavy, the rules were suspended, and the bill taken up.
Mr. Winn moved to amend by adding the county of Gwinnett. Agreed to.
Mr. Black moved to amend by adding the county of Bullock. Agreed to.
Mr. Gilmore moved to amend by adding the county of Washington. Withdrawn.
Mr. Paine moved to amend by adding the counties of Walker, Dade and Catoosa. Agreed to.
Mr. Cooper moved to amend by adding the county of Bartow. Withdrawn.

FEBRUARY 23, 1876.

493

Mr. Wilcox moved the indefinite postponement of the bill as amended. Upon this Mr. Howell called the previous question, which was sustained.
The main question was put, and the bill was indefinitely postponed.
Mr. Harris moved to reconsider so much of the Journal of yesterday as relates to the loss of the bill of the House to prevent fishing in any manner in Lake Douglas. The motion prevailed.
The bill was taken up under a suspension of the rules. The report of the committee was agreed to. The bill was read the third time and passed.
The following message was received from the House of Representatives, through Mr. Sweat, the Clerk thereof:
Mr. President:
The House of Representatives has passed the following bills of the Senate, to-wit:
A bill to prevent the obstructing, by traps or otherwise, the free passage of fish, between the first day of February , and the first day of May in each year, in the counties of Miller, Calhoun and Baker.
Also, a bill to amend section 1540 of the Code of Georgia.
Also, a bill to amend sections 1227, 1228, 1235, 1236 and 1237 of the Code of 1873.
Also, a bill to prohibit the sale of intoxicating liquors within certain limits of the depot, on the Atlanta & Richmond Air Line Railroad, at Somerville, in the county of Gwinnett.
Also, a bill to regulate the trial of cases pending in the Superior Courts of this State, and the Supreme Court, in which the State is a party plaintiff in civil cases so pending.
Also, a bill to alter and amend section 3961 of Irwin's Revised Code of 1873.
Also, a bill to amend an Act entitled an Act to organize a Criminal Court in the counties of Marion, Talbot, Stew-

494

JouRNAL OF THE SENATE

art and Chattahoochee, approved February 22, 1873, so far as relates to the county of Clay.
Also, a bill to amend section 4166 of the Code of 1873. Also, a bill to amend an Act to create a Board of Commissioners of Roads and Revenues of the county of Lumpkin, approved February 27, 1875 Also, a bill to change the age of admission of deaf and dumb children to the privileges of the Georgia Deaf and Dumb Institute. Also, a bill to amend an Act to create a County Court in each county in this State, except certain counties therein named, approved January 19, 1872. The House has also passed the following bills of the Senate, with amendments, to-wit: A bill to prohibit the sale or disposal of any kind of intoxicating or ardent spirits within two miles of Rehoboth Baptist Church, in Elbert county. Also, a bill to repeal section 1456 of the Code, so far as relates to the counties of Rabun, Young and Union. Also, a bill to repeal an Act to so far modify the laws against lotteries as to make Wm. 'vV. Boyd, of the city of Atlanta, State of Georgia, and Mrs. William Wilson, widow of Col. W. T. Wilson, of the 7th Georgia ; Mrs. Mary Ann Williams, Mrs. Phcebe Pember, Mrs. Chas. D. Pearson, Mrs. Hosa E. Deloney, Mrs. Sarah Doles, or so many of them as may accept the same, a majority of whom shall receive the powers herein granted, to adopt a scheme to raise money for the purpose of building a home for supporting indigent widows and orphans, the home to be called the Masonic Orphans' Home, approved December 12, I 866 ; and also to dispose of the property acquired under said Act. Also, a bill to amend the homestead laws of this State. Mr. Freeman, chairman of the Committee on Enrollment, made the following report, to-wit :
Mr. President : The Committee on Enrollment report as duly enrolled

FEBRUARY 23, 1876.

495

and ready for the signatures of the President and Secretary of the Senate, the following bills, to-wit :
A bill to permit the Savannah Bank & Trust .Company to reduce its capital stock.
Also, a bill to repeal so much of the present general school law, as requires the county school fund to be apportioned among the sub-districts.
Also, a bill to amend the charter of the Bank of Washington, at Washington, Ga.
Also, a bill to amend section 2279 of the Code of Georgia, as to renting real estate.
Also, a bill to amend an Act entitled an Act to prohibit the sale of spirituous or malt liquors within two miles of New Liberty Church, in Cotoosa county, and to provide punishment for the violation of this Act, and for other purposes, approved March 3, 1874, by striking out of the 1st section the word "two," and inserting "one," in lieu thereof.
Also, a bill to make minors parties to proceedings in the courts of this State.
Also, a resolution to authorize the Governor to effect temporary loans during the year 1876.
Also, a bill to repeal the 10th section of an Act entitled an Act to create a Bo" rd of Commissioners for the county of Clay, and to prescnbe and define the powers and duties thereof, approved February 20, 1873, and for other purposes.
Also, a bill to amend the laws of this State, and for the protection of the State treasury; to define the obligations pertaining to the office of State Treasurer, and to prescribe his duties, and for other purposes.
Also, a bill to change the line between the counties of C~lhoun and Clay.
Also, a bill to change the line between the counties of Bibb and Twiggs.
Also, a bill to provide for the payment of certain insol-

496

JouRNAL oF THE SENATE

vent criminal costs in the Northern Judicial Circuit, and for other purposes.
Also, a bill to authorize the issue of bonds of the State for the purpose of paying the interest now due, and falling due, on the recognized bonds of the Macon & Brunswick Railroad, endorsed by the State, and the interest due on recognized bonds of the North & South Railroad, endorsed by the State, and for other purposes.
Also, a bill to amend an Act to prescribe the mode of incorporating towns and villages in this State.
Also, a bill to relieve F. W. Williams from liability on a criminal bond.
Also, a bill to fix the fees of the Jailor of Twiggs county.
Also, a bill to authorize the County Treasurer of Washington county to pay the wife of Haywood Brookins, Ordinary, for extra services, and for other purposes.
Also, a bill to regulate the sale of spirituous liquors in the city of Brunswick, and to submit the same to a vote of the people.
Also, a bill to repeal an Act to fix the official bonds of certain county officers of the county of Camden.
Also, a bill to change the time of holding the Superior Court of the county of Washington, and for other purposes.
Also, a bill to amend the charter of the city of Sander~ ville, and to authorize the corporate authorities of said dty to invest in the stock of the Sandersville & Tennille Railroad Company.
Also, a bill to amend an Act to create a County Court for the county of Screven.
Also, a bill to make penal the catching of fish in tte Allapaha river and its tributaries, in the county of Irwin.
Also, a bill to amend an Act for the protection of deer, partridges and wild turkeys in the counties of Chatham and Bryan, and for other purposes.

FEBRUARY 23, 1876.

497

Also, a bill to amend an Act to consolidate and amend the several Acts incorporating the city of Brunswick, and for other purposes.
Also, a bill to relieve the securities of Thomas E. McRae on a criminal bond.
Also, a bill to repeal so much of section 1272 of the Code of 1873, as to make it the duty of the Governor to issue new bonds of this State in lieu of all such legal bonds as shall be paid off or purchased and cancelled, which said new bonds are intended to be added to, and made a part of, the school fund of this State.
Also, an Act to compensate the Clerk of the Superior Court and Sheriff for services rendered in the county of Liberty.
Also, a bill to keep open, remove and prevent obstructions in Kinchafoonee creek.
Also, a bill to change the line between the counties of .clay and Calhoun.
Also, a bill to provide a tribunal where claims from the Courts of Ordinary shall be tried.
Also, a bill to prqvide compensation for the Judge of the County Court ; fees of the Solicitor, and the per diem for jurors, so far as relates to the county of Carroll.
Also, a bill to define the line between the counties cf Irwin and \Vilcox.
Also, a bill to define for whom trust estates may te created.
Also, a bill to repeal all local laws or ordinances incor.:sistent with section 1563 of the Revised Code of 1873.
Also, a bill for the relief of John A. Houser, L. M. Houser and F. M. Houser.
Also, a bill to repec.l so much of the Code, section 3d, .as requires publication of certain public laws of this State.
Also, a bill to amend an Act entitled an Act to prohibit the sale of intoxicating liquors within two miles of Villa Rica, in the county of Carrol!.
32

498

jOURNAL OF THE SENATE

Also, a bill to amend 3d section of an Act entitled an Act to amend an Act to establish a City Court in the city of Atlanta.
Also, a bill to empower the Judges of the Superior Court to employ a stenographer.
Also, a bill to alter the laws of this State relative to the summary establishment of lost papers.
Also, a bill to change the time of holding the Court of Ordinary in the county of Terrell.
Also, a bill to change the line between the counties of Coffee and Clinch.
Also, a bill to amend sections 1955 and 1956 of the Code of 1873.
The following message was received from~his Excellency the Governor, through Mr. Warren, his:secretary, thereof, to-wit:
Mt. President:
I am directed by his Excellency the Governor, to deliver to the Senate a sealed communication, which he respectfully invites the consideration of your honorable body in Executive session.
The House amendments to the following bills of the Senate were taken up and concurred in, to-wit:
A bill to repeal section 1456, so far as relates to the counties of Rabun, Young and Union.
Also, a bill to amend the homestead laws of the State of Georgia.
Also, a bill to prohibit the sale or disposal of any kind of intoxicating or ardent spirits within two miles of Rehoboth Baptist Church, in Elbert county.
Also, a bill to repeal an Act to so far modify the faws against lotteries as to enable Wm. W. Boyd, of the city of Atlanta, State of Georgia, and Mrs. Wm. Wilson, widow of Col. W. T. Wilson, 7th Georgia ; Mrs. Mary Ann Williams, Mrs. Phrebe Pe:nber, Mrs. Chas. D. Pearson, Mrs. Rosa E. De'oney, Mrs. Sarah Doles, or so many of

FEBRUARY 23, 18J/?.

499

them as may accept the same, a majority of whom shall receive the powers herein granted to adopt a scheme to raise money for the purpose of building a home for and supporting indigent widows and orphans, the home to be called the Masonic Orphans' Home, approved December 12, 1866, and also to dispose of the property acquired under said Act.
Also, a bill to change the age of admission of deaf and dumb children to the privileges of the Georgia Institute for the Deaf and Dumb, and to extend the term of pupilage.
Also, a bill to amend an Act to protect the planters of oyster beds, and for other purposes, approved February 18, 1856.
The House amendments to the Senate bill to regulate the pay of grand, petit and County Court jurors for the county of Laurens, were taken up and concurred in, except the amendment that refers to the county of vVhitfield, in which the Senate, on motion of Mr. Wilson, refused to concur.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to relieve T. S. Chester, Thomas Savage and John vVilkerson.
The adverse report of the Finance Committee was agreed to; and the bill was, therefore, lost.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to authorize the Ordinary of Fulton county to issue bonds for the purpose of raising money to build a court house.
The adverse report of the Finance Committee was agreed to, and the bill was, therefore, lost.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to authorize the Judges of the Supreme Court to purchase certain bound volumes of the gazette known as the Southem Recorder.
The report of the Finance Committee, adverse to tt e

500

JouRNAL oF THE SENATE

passage ot the same, was agreed to, and the bill was, therefore, lost.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to change the corporate limits of the town of Cochran, in the county of Pulaski.
The adverse report of the Finance Committee was agreed to, and the bill was, therefore, lost.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to repeal section 798 of the Revised Code of Georgia in relation to the exemption of persons and property from taxation, and for other purposes.
The adverse report of the Finance Committee was agreed to, and the bill was, therefore, lost.
The Senate took up, as the report of the Committee of
the Whole, a bill of the House to relieve J. W. Grubbs, A. G. Inman, S. J. Bell and L. D. Mathews, securities on
the bond of R. Columbus Wimberly, Tax Collector of the county of Burke in the year 1874
The Finance Committee recommended the passage of the bill, with an amendment, which was agreed to. The report as amended was agreed to. The bill was read the third time and passed as amended.
The following message was received from the House of Representatives, through Mr. Sweat, the Clerk thereof, to-wit:
Mr. Preszdent:
The House of Representatives have passed the following bills of the Senate, to-wit :
A bill to grant R. C. Mitchell & Co. certain privileges in making an abstract of the records of deeds and mortgages in the county of Fulton.
Also, a bill to authorize Edward J. Delagal, of the county
of Liberty, to practice medicine. The House has also concurred in the following resolution
of the Senate, to-wit:

FEBRUARY 23, 1876.

501

A resolution authorizing and requiring the Governor to appoint a Board of Visitors to the Deaf and Dumb Institute at Cave Spring, Ga., and for other purposes.
The House has also passed the following bills of the Senate, with amendments thereto, in which they ask the concurrence of the Senate, to-wit:
A bill to create a Board of Commissioners of Roads, Public Buildings and Public Property, and Finance, for the county of Washington.
The House has also concurred in the Senate amendments to the following bills of the House, to-wit:
A bill to encourage the propagation of fish in the waters of this State.
Also, a bill to regulate the leasing out of Penitentiary convicts by the Governor, and to authorize him to make contracts therefor, and for other purposes.
The House has also passed the following bills of the Senate, to-wit:
A bill to alter and amend section 888 of the Code, regu-
lating the levy of tax .ft. fas., and the sales thereunder.
Also, a bill to exempt from road duty certain persons in this State.
The House has also agreed to the following resolutions, in which they ask the concurrence of the Senate, to-wit :
A resolution authorizing the Governor to appoint a board to revise that portion of the laws of this State which relates to the volunteers.
Also, a resolution in relation to a modification of the revenue laws.
Also, a resolution authorizing the Governor to destroy certain bonds.
Also, a resolution authorizing the Attorney General to compromise certain.ft. fas. belonging to the State.
The Senate took up, as the report of the Committee of the Whole, the bill of the House to authorize the Governor to draw his warrant on the Treasurer of the State for a sum

502

JOURNAL OF THE SENATE

sufficient to pay for certain military services hereinafter mentioned, and for other purposes.
After the amendment of the same, on motion of Mr. Kibbee, the bill as amended was, on motion of Mr. Cain, referred to a special committee of three. The special committee appointed consists of Messrs. Cain, Gilmore and Reese.
The Senate took up, as the report of the Committee of the Whole, the bill of the House to amend section 1676 of the Code, relative to the creation of corporations by the Superior Courts of this State, and for other purposes. The
report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to alter and amend section 4368 of the Code of 1873, upon the subject of inveigling children, and for other purposes. The report was agreed to. The bill was read the third time and passed.
On motion of Mr. Kibbee, the Senate insisted on its amendment to the bill of the House to license the keeping of dogs, and to encourage sheep raising in this State, in which the House refused to concur, and requested a committee of conference on the same.
The committee on the part of the Senate consists of Messrs. Payne, \Vinn anrl O'Daniel.
On motion of Mr. Harris, the rules were suspended, when he offered a resolution adopting the report of the special committee appointed to investigate certain charges of fraud in relation to the lease of the Western & Atlantic Railroad.
The same was taken up, read, and agreed to. On motion of Mr. Harris, the Senate went into Executive session. After some time spent therein, the Senate took up, as the report of the Committee of the \Vhole, a bill of the House to authorize the Governor to procure standard weights and measures, and to distribute the same.

FEBRUARY 23, I8J6.

503

Mr. Lester offered as a substitute therefor a bill to authorize the Governor to procure standard weights and measures for the county of Chatham. The same was adopted. The report as amended was agreed to. The bill was read the third time and passed as amended.
The following message was received from the House of Representatives, through Mr. Sweat, the Clerk thereof, to-wit:
Mr. President :
The House of Representatives have passed the following Senate bills, to-wit :
A bill to incorporate the Bibb Manufacturing Company. Also, a bill to make all true bills found by the grand juries of Calhoun county, below a felony, returnable to the County Court of said county. Also, a bill to repeal so much of the Act of incorporation of the town of Louisville, in the county of Jefferson, .and the Acts amendatory thereof, as gives to the Chairman and Commissioners the power to sell the common belonging to said town, and for other purposes. Also, a bill to amend an Act to incorporate the city of Dawson. The House has also passed the following Senate bills, with amendments thereto, in which they ask the concurrence of the Senate, to-wit: A bill to enable the purchasers of railroads to form corporations and to exercise corporate powers, and to define their rights, powers and privileges. Also, a bill to incorporate the Atlantic and Mexican Gulf Canal Company, and to grant certain privileges therein named. Also, a bill to incorporate the Pigeon Roost Gold Mining Company. Also, a bill to incorporate the Lamar Mining Company. Also, a bill to incorporate the Gold Mountain Mining Company.

504

JouRNAL oF THE SENATE

Also, a bill to incorporate the Fulton ManufacturingCompany.
On motion of Mr. Reese, his Excellency the Governor of North Carolina, was invited to a seat on the floor of the Senate.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to relieve Wallis Haley & Co., Fields, McAfee, Tate & Co., and John McAfee & Co., from the hire of convicts leased to work on the Marietta & North Georgia Railroad, and for the purposes therein mentioned
The Committee on the Penitentiary recommended that the same do pass with an amendment. The report of the Penitentiary Committee was agreed to. The report as amended was agreed to. The bill was read the third time and passed as amended.
The reports of the Committee on the Judiciary, which was adverse to the passage of the following bills of the House were agreed to, and the bills, therefore, lost, to-wit:
A bill to amend an Act to organize a Criminal Court in the counties of Marion, Talbot, Stewart, and Chattahoochee, approved March 2, 1874, and for other purposes.
Also, a bill to abolish the County Court so far as the same relates to the county of Carroll, and for other purposes.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to amend the charter of the town of Belton, in the counties of Hall and Banks. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to reduce the commissions of the Tax Collector and Tax Receiver for collecting the county tax for the county of Clay. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of

FEBRUARY 23, 1876.

50&

the Whole, a bill of the House to provide for the printing of the Department of Agriculture of the State of Georgia.

On motion of Mr. Felton, the same was so amended as. to reduce the sum appropriated to $2, 500. The report as amended was agreed to. The bill was read the third time, and on the question "shall this bill now pass as amended?" Mr. Black demanded the yeas and nays, which were re- quired to be recorded, to-wit :

Those voting in the affirmative are-Messrs.

Black, Cain, Cooper, Felton, Gilmore,

Graham, Hester, Hopps, Mattox,

Reese, Rutherford, Slaughter, Wilcox.

Those voting in the negative are-Messrs.

Brimberry, Cannon, Crawford, Deadwiler, Freeman, Harris, Howell,
Yeas, 13.

Hudson, ofthe 25th, McDaniel,

Lester,

McDonald,

Matthews,

Payne,

McAfee,

Peavy,

of the 32d, Wilson,

McAfee, ofthe 39th, Winn.

Nays, 18.

So the bill as amended was lost.

The Senate took up, as the report of the Committee of the Whole, a bill of the House to authorize the Governor to farm or lease out convicts of the Penitentiary to theGainesville, Blairsville & Northwestern Railroad Company. The report was agreed to. The bill was read the third time and passed.

The Senate took up, as the report of the Committee of the Whole, a bill of the House to authorize David Shuler to erect and keep a toll gate on the public road leading from Ellijay, Ga., to Murphy, N. C. The report was agreed to. The bill was read the third time and p-essed.

JOURNAL OF THE SENATE
The Senate took up, as the report of the Committee of the Whole, a bill of the House to authorize married women to act as guardians for their minor children by a former husband. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to make the Tax Collector of Dougherty county ex-officio Sheriff, and for other purposes. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to regulate the sale of schnapps and other intoxicating drinks, in the county of Union, under the guise of medicine, and for other purposes. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to fix the compensation of Tax Collector, Tax Receiver, County Treasurer, and the per diem of jurors in the county of Washington, and the p~r diem of jurors in the county of Johnson. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to alter and amend the charter of the city of Columbus so as to abolish the office of Deputy Marshal of said city. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to alter and amend an Act to regulate the sale of spirituous liquors in Floyd, Dade, Polk, and other counties, and for other purposes, passed February 26, 1875 The report was agreed to. The bill was read the third time and passed.
The hour of adjournment having arrived, the Senate was declared adjourned until 3 o'clock p. m.

FEBRUARY 23, 1876.

507

AFTERNOON SESSION.

3 o'CLOCK.

The Senate met pursuant to adjournment, the President in the Chair.
On motion of Mr. McAfee, of the 32d District, the Senate took up the House amendments to the bill of the Senate to incorporate the Pigeon Roost Mining Company. The Senate refused to concur in the second amendment, and concurred in the remainder.
The amendments of the House to the bill of the Senate, to incorporate the Fulton Manufacturing Company, were concurred in.
On motion of Mr. Black, the bill of the House to provide for the printing of the Agricultural Department of this State, lost this morning, was reconsidered, and, on a suspension of the rules, taken up.
Mr. Hudson moved to lay the bill on the table. This motion was lost.
Mr. Reese moved to amend by limiting the amount to be expended to one thousand dollars.
Mr. Hudson moved to amend the proposed amendment of Mr. Reese by adding the proviso ''that the amount appropriated shall be taken from the appropriation of ten thousand dollars already appropriated."
The amendment of Mr. Hudson was not agreed to; that of Mr. Reese was agreed to. The report as amended was agreed to. The bill was read the third time, and on the question of its passage as amended, Mr. McAfee required the yeas and nays to be recorded, to-wit :
Those voting in the affirmative are-Messrs.

Black, Cain, Carter, Cooper, Gil.morc, Graham,

Hester, Hopps, Howell, Kibbee, McDaniel, O'Daniel,

Peavy, Reese, Robinson, Rutherford, Wilcox.

508

JOURNAL OF THE SENATE

Those voting in the negative are-Messrs.

Cannon, Chastain, Crawford, Freeman,

Harris, Hudson,
of the 25th, Lester,

McAfee, of the 32d,
Payne, \Vilson.

Yeas, 17. Nays, IO.

So the bill as amended was passed.

On motion of Mr. Hester, leave of absence was granted Mr. Blance for the remainder of the session.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to authorize and require the State Treasurer to pay certain past due coupons of this

State therein specified. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to prescribe the mode of

granting license to sell intoxicating liquors in the counties of Telfair and Montgomery. The report was agreed to. The bill was read the third time and passed.
On motion of Mr. Black, the House amendment to the bill of the Senate to incorporate the Atlantic and Mexican Gulf Canal Company, and to grant certain privileges therein named, was taken up and concurred in.
The amendments of the House to the following Senate bills were taken up and concurred in, to-wit:
A bill to incorporate the Gold Mountain Mining Company.
Also, a bill to incorporate the Lamar Mining Company. Also, a bill to create a Board of Commissioners of Roads, Public Buildings and Public Property for the county of Washington. The bill of the House to regulate the sale of opium and the preparations thereof was, on motion, indefinitely post-

pohed. The amendments of the House to the bill of the Senate
to enable the purchasers of railroads to form corporations

FEBRUARY 23, I8J6.

509

and exercise corporate powers, and to define their rights, powers and privileges, were concurred in.
The Senate took up, as the report of the Committee of the Whole, the bill of the House to prohibit the sale of int<>xicating liquors within three miles of Oak Grove Church, in Macon county. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, the bill of the House to provide for changing the time of holding the Superior Court of Echols county. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, the bill of the House to change the lines between the counties of Murray and Gordon. The report was agree~ to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, the bill of the House to extend the provisions of an Act to prescribe and enact a separate and distinct stock law for certain territory therein specified, the said territory being partly in Milton and partly in Forsyth <:ounty, in this State, approved February 26, 1874 The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, the bill of the House to relieve Elizabeth Tanner, of Dawson county.
The Finance Committee recommended the passage of the bill, with an amendment. The report as amended .was agreed to. The bill was read the third time and passed as amended.
On motion of Mr. Lester, the bill of the House to amend an Act entitled an Act to amend section 46oo of Irwin's Revised Code, relating to fraudulent sale of personal property while under mortgage, by extending the same to fraudulent sale or purchase of crops while under landlord's

510

joURNAL OF THE SENATE

lien for rent or other cause, approved February 22, 1875, which was lost this morning, was reconsidered. The bill was taken up as amended, on motion of Mr. Lester. The report as amended was agreed to. The bill was read the third time and passed as amended.
The following message was received from the House of Representatives, through Mr. Sweat, the Clerk thereof, to-wit: Mr. President :
The House of Representatives has passed the following bills of the Senate, to-wit:
A bill to facilitate service on railroad companies, in certain cases.
Also, a bill to prohibit traffic in intoxicating drinks in any quantity within three miles of Pleasant Spring Church. and of New Bethel Church, in Washington county.
Also, a bill to repeal section 5th of the charter of Van Wert and to substitute another in lieu thereof, and for other purposes.
Also, a bill to incorporate the Atlanta City Brewing Company.
Also, a bill to incorporate the Atlanta Glass Plate Insurance Company of Georgia.
The House has also concurred in the Senate amendments to the following House bills, to-wit :
A bill to prevent the killing of partridges and wild turkeys by shooting, hunting, trapping, netting, and other means, in the county of Greene, and for other purposes.
Also, a bill to relieve G. W. Grubbs, A. G. Inman, S. ]. Bell and L. D. Mathews, securities on the bond of R. Columbus Wimberly, Tax Collector of the county of Burke, in the year 1874
Also, a bill to provide for the payment of school officers and teachers for services rendered in \Vhitfield and Taylor counties during the year 187 1.
The House has also concurred in the following reso~u tions of the Senate by substitute, to-wit :

FEBRUARY 23, 1876.

511

A resolution in relation to the charges of bribery in connection with the lease of the Western & Atlantic Railroad.

The House has also agreed to the following resolution. in which they ask the concurrence of the Senate, to-wit:
A resolution to authorize the Governor to present a banner to the Clinch Rifles of Augusta.
The House also insists on its amendment to the following bill of the House, to-wit:
A bill to regulate the pay of grand, petit and County Court jurors for the county of Laurens.

The following message was received from his Excellency the Governor, through Mr. Warren, his Secretary, to-wit:

Mr. President:

I am directed by his Excellency the Governor, to deliver to the Senate a sealed communication, to which he respectfully invites the consideration of your honorable body in Executive session.

Mr. Cain, from the Special Committee, to whom was referred a bill of the House to authorize the Governor to draw his warrant on the treasury for a sum sufficient to pay for certain military services, and for other purposes, reported the same back to the Senate and recommended its passage with certain amendments.

Mr. Reese offered as a substitute for the bill and proposed amendments, ''a bill to pay for certain military services rendered during the late reported insurrection, and prescribe the mode of paying the same." On the question of adopting the substitute, Mr. Gilmore demanded the yeas and nays, which were recorded, to-wit :

Those voting in the affirmative are-Messrs.

Black, Brimberry, Cannon, Carter,

Graham, Hester, Hopps, Kibbee,

McDonald, Payne, Peavy, Reese,

-512

JouRNAL OF THE SENATE

Chastain, Cooper, Felton, Freeman,

Mattox, McAfee,
of the 39th, McDaniel,

Rutherford, Slaughter, Wilcox, Wilson.

Those voting in the negative are-Messrs.

Cain, ,Gilmore,

Hudson,

O'Daniel,

of the 28th, Robinson.

Harris,

Lester,

Yeas, 23. Nays, 7

So the substitute was adopted.

The report as amended was agreed to. The bill was read the third time and passed as amended.

On motion of Mr. Harris, the substitute of the House

for the resolution of the Senate, adopting the report of the

special committee to investigate charges of fraud in rela-

tion to the lease of the Western & Atlantic Railroad, was

concurred in.

On motion of Mr. Black, the rules were suspended,

when a resolution of the House to authorize the Governor

to present a banner to the Clinch Rifles, of Augusta, was

taken up, read, and concurred in.

Mr. Peavy, from the committee of conference to whom

was referred a bill of the House, amended in the Senate,

to change the corporate limits of the town of Camilla,

made a report, recommending that the Senate recede from

its amendment.

Upon the question of agreeing to the report of the com-

mittee of conference, Mr. Peavy demanded the yeas and

nays, which were recorded, to-wit :

Those voting in the affirmative are-Messrs.

Black,

Hopps,

Peavy,

Cooper,

McDaniel,

Reese,

Freeman,

McDonald,

Rutherford,

Graham,

O'Daniel,

Slaughter,

Harris,

Payne,

Wilcox.

FEBRUARY 23, 18;6.

513

Those voting in the negative are-Messrs.

13rimberry, Cain, Cannon, Chastain, Crawford,

Gilmore,

McAfee,

Hester,

of the 32d,

Hudson,

McAfee,

of the 28th,

of the 39th,

Mattox,

vVilson.

Yeas, 17. Nays, 12.

So the report was agreed to, and the amendment of the Senate, therefore, receded from.
Mr. Howell, from the committee of conference on the
vill of the House to provide for calling a Constitutional
Convention, made a report, recommending the indefinite postponement of the entire subject matter.
Mr. Peavy submitted as a point of order that the motion to postpone was not in order, the only questions in .order being to insist or recede from the amendment.
The Chair ruled the point of order well taken. Mr. Harris appealed from the decision of the Chair.

The Senate sustained the Chair.

The following message was received from his Excellency the Governor, through Mr. Warren, his Secretary, to-wit:

Mr. Presi'deut :

I am directed by his Excellency the Governor to deliver to the Senate a sealed commun..ication, to \vhich he respectfully invites the consideration of your honorable body in Executive session.

The Senate took up, as the report of the Committee of the Whole, a bill of the House to amend an Act establishing courts in certain counties in this State, as far as the :same relates to the county of Wilkes, and for other purposes. The report was agreed to. The bill was read the third time and passed.

The Senate took up, as the report of the Committee of the Whole, a bill of the House to relieve the obligors on
33

514

JoURNAL OF THE SENATE

a penal bond for the appearance of Waldemar Moody at the Superior Court of Greene county. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House for the relief of James D. Collins, of Fulton county, as security on a forfeited recognizance in the case of the State vs. E. E. Vaughn. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to appropriate money to David Cleage in settlement of certain certificates of the Western & Atlantic Railroad, therein mentioned. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to regulate the traffic in seed cotton, and for other purposes therein mentioned. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a hill of the House for the relief of Mrs. G. W. Underwood, of Bartow county. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to regulate the fees of the Constables in the county of Wilkes, so far as the same re-
lates to the levying or settling and collection of tax .ft. fas.
not over fifty dollars, in said county, and for other purposes. The report was agreed to. The bill was read the third time and lost.
On motion of Mr. Reese, the foregoing bill was reconsidered and taken up. The report was agreed to. The bill was read the third time and passed.
The following message was received from the House of Representatives, through Mr. Sweat, the Clerk thereof~ to-wit:

FEBRUARY 23, 1876.

515

Mr. President :
The House of Representatives recedes from its amendment, in which the Senate refused to concur, to the following bill of the Senate, to-wit:
A bill to incorporate the Pigeon Roost Gold Mining Company.
The House has also concurred in the Senate amendments to the following bills of the House, to-wit:
A bill to provide for the printing of the Department of Agriculture of this State.
Also, a bill to relieve Wallis Haley & Co., Fields, McAfee, Tate & Co., and John McAfee & Co., from the hire of cpnvicts leased to work on the Marietta & North Georgia Railroad.
Also, a bill to authorize the Governor to procure standard weights and measures, and to distribute the same.
Also, a bill to amend an Act to regulate the sale of spirituous liquors in certain counties therein named.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to compensate Stephen Saucer, of Dougherty county, for the capture of James Brown, and for other purposes. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to regulate the notice to be given in cases of application for new public roads in Macon county. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to regulate the compensation of jurors in the county of Decatur, and to require the Clerk of the Superior Court of said county to report the amount of jury fees collected to the Treasurer of the coutity. The report was agreed to. The bill was read the third time and passec'.
The Senate took up, as the report of the Committee of

516

JouRNAL OF THE SENATE

the Whole, a bill prescribing the time and manner of making and hearing motions for new trials in criminal cases before the County Court. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to limit the amount of taxes to be levied for county purposes in the county of Decatur ; and to legalize the uncollected county taxes of said county, levied for the fiscal year 1875 The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to prescribe the manner in which injunctions shall be granted in certain cases. The report was agreed to. The bill was read the third time and passed.
Mr. Peavy gave notice that he should move a reconsideration of the foregoing bill.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to protect farm products in the county of Decatur, and to prevent the fraudulent purchase of the same. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the 'Whole, a bill of the House to prohibit the municipal authorities of the city of Bainbridge from assessing for taxation, lands in said city used for agricultural purposes, at a higher rate than their value for said use. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to consolidate the offices of Clerk of the Superior Court and Treasurer of Dougherty county, and fixing the pay for the same. The report \\as agreed to. The bill was read the third time and passed.
The Senate, on motion, went into Executive session, and after some time spent therein, returned to open session.

FEBRUARY 23, 1876.

517

The Senate took up, as the report of the Committee of the Whole, the bill of the House to establish a County Court in and for the county of Dodge, to appoint a Solicitor for the same, and for other purposes. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, the bill of the House to alter and amend the road laws of this State, so far as relates to the county of Fulton, and to provide for the working of the public roads of said county, and for other purposes. The report was agreed to. The bill was read the third time and passed.
The Sen~te took up, as the report of the Committee of the Whole, the bill of the House to repeal an Act to require the registration of the voters of the city of Bainbridge, and for other purposes. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, the bill of the House to prohibit any person or persons from placing obstructions in Toccoa river, in Fannin county, and for other purposes. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, the bill of the House to amend an Act entitled an Act to aJ;llend section 4441 of the Code of Georgia, in relation to hunting on lands in this State, so far as the same applies to the counties of Richmond, Columbia, Troup, Jefferson, McDuffie and Lincoln.
The Committee on the Judiciary recommended the passage of the same, with an amendment. The report as amended was agreed to. The bill was read the third time and passed as amended.
The Senate took up, as the report of the Committ_ee of the Whole, the bill of the House to change the corporate line of the city of Cartersville, in Bartow county.
On motion of Mr. Cooper, the same was indefinitely postponed.

518

JouRNAL OF THE SENATE

The Senate took up, as the report of the Committee of the Whole, the bill of the House to authorize the Commissioners of Roads and Revenues in the county of Baker, in said State, to issue bonds for the purpose of building certain bridges in said county, and the support of paupers.
The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, the bill of the House to amend an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for the counties of Floyd, Berrien, Effingham, Schley, Sumter and Greene, approved December 13, I8JI, so far as relates to the county of Sumter; to provide for the election of the Board of Commissioners, to extend and enlarge the duties of said Board. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, the bill ot the House to authorize Judges of the Superior Courts of this State to strike criminal cases from the dockets, under certain circumstances, and for other purposes. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, the bill of the House to prohibit the sale, barter or other disposition, for value, of intoxicating liquors within three miles of Reed Creek Baptist Church, and Harmony Presbyterian Church, in the 1115 th District G. M., of the county of Hart, c:.nd Dove's Creek Church, in Elbert county. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, the bill of the House to amend the charter of the town of Barnesville, in Pike county. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, the bill of the House to exempt from jury duty

FEBRUARY 23, I8;6.

519

1n the courts of Fulton county, certain members of the volunteer military company known as the Fulton Blues ; and also the members of the Board of Arbitration appointed pursuant to the provisions of the charter of the Atlanta Chamber of Commerce, and for other purposes. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to allow the placing of fish traps in the waters of Big Indian creek, in Houston county. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to prohibit the sale of spirituous, malt or other intoxicating liquors within the incorporation of the town of Warrenton, and within a :radius of two miles of said incorporation, and to provide a _punishment for the same. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to better prevent the sale Of intoxicating liquors within the corporate limits of the towns of Carrollton, Bowdon, Whitesburg and Villa Rica, in the county of Carroll. The report was agreed to. The hill was read the third time and passed.
The Senate took up, ail the report of the Committee of the Whole, a bill of the House to incorporate the town of Duluth, in the county of Gwinnett, and for other purposes. The report was agreed to. The bill was read the third time and passed.
The Senate, on motion, took up and concurred in a resolution of the House asking the aid of Congress for surviving soldiers of the war with Mexico.
The Senate, on motion of Mr. Harris, adjourned until 8 .o'clock p. m.

.520

JOURNAL OF THE SENATE

NIGHT SESSION.
8 o'CLOCK.
The Senate met pursuant to adjournment.
Mr. Kibbee offered a resolution authorizing the President of the Senate to sign the bills of this General Assembly, or other matter requiring his signature as such President, after the adjournment thereof: Provided, such signing shall be within twenty-four hours after said adjournment. The same was taken up and concurred in.
Mr. Harris offered the following resolution, which was taken up, read, and agreed to, to-wit:
Resolved, That two members of the Senate be appointed by the President, together with two clerks named by the Secretary, to bring up the unfinished business of the Senate, and that five days be allowed them, at the usual per diem.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to prohibit the sale of intoxicating liquors within three miles of Bethleham and Wilson Churches, in the county of Jackson. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to amend an Act to regulate the sale of spirituous liquors in Floyd, Dade and other counties, so far as the same applies to Haralson county. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to. authorize the Trustees of Salacoa Academy, of Gordon county, to sell the same. and for other purposes. The report was agreed to. Thebill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to amend the several Acts incorporating the town of Franklin, in the county of

FEBRUARY 23, 1876.

521

Heard, and for other purposes therein mentioned. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to prohibit the sale of spirituous and malt liquors within two miles of Red Hill Church and Masonic Lodge, in Stewart county, and punish the same. The report was agreed to. The bill was read the third time and passed.
The following message was received from the House of Representatives, through Mr. Sweat, the Clerk thereof~ to-wit:
Jrlr. President:
The House of Representatives have passed the following resolution, in which they ask the concurrence of the Senate, to-wit:
A resolution authorizing H. P. Wright, of the county of Fulton, to publish a pamphlet of the Public Laws of the State, passed at the present session of the General Assembly, and to authorize his Excellency the Governor to purchase three hundred copies of the same.
The following message was received from the House of Representatives, through Mr. Sweat, the Clerk thereof, to-wit:
Mr. Presi'dent:
The House of Representatives have concurred in theSenate amendments to the following bills of the House, to-wit:
A bill for the relief of Elizabeth Tanner, of Dawson county.
Also, a bill to authorize the Governor to draw his warrant on the treasury of the State for a sum sufficient t<> pay certain military services therein mentioned.
Mr. Freeman, chairman of the Committee on Enrollment, made the following report, to-wit:

.522

JouRNAL OF THE SENATE

Mr. Presidmt:
The Committee on Enrollment report as duly enrolled and ready for the signatures of the President and Secretary of the Senate the following bills, to-wit:
A bill to amend section 4166 of the Code relative te Justices' Courts.
Also, a bill to authorize the running of freight trains over the Georgia Railroad on Sunday, in certain cases.
Also, a bill to prohibit the sale of intoxicating liquors in the depot, on the Atlanta & Richmond Air Line Railroad, at Sandersville, in the county of Gwinnett.
Also, a bill to amend an Act to prevent the destruction of insectiverous birds, etc., in the counties of Richmond, Dougherty and Randolph, and to extend the same to the -counties of Calhoun, Baker and Bartow.
Also, a bill to amend section I 540 of the Code. Also, a bill to prevent the free passage of fish in the -counties of Miller, Calhoun and Baker. Also, a bill to amend sections 1227, 1228, 1235, 1236 and 1237 of the Code of 1873. Also, a bill to amend an Act to prescribe the mode of granting license to sell intoxicating] liquors in the county of Jefferson, etc., so as to embrace the county of Twiggs. Also, a bill to prohibit the sale of intoxicating liquors within three miles of Holly Springs Church, in the county of Elbert. Also, a bill to reduce the Sheriff's bond of Calhoun -county and other counties to five thousand dollars.
Also, a bill to provide compensation for the Commissioners of Roads and Revenues of the county of Lumpkin.
Also, a bill to enlarge the jurisdiction of the County Court, and for other purposes.
Also, bill to .amend an Act to organize a Criminal Court in the counties of Marion, Talbot, Stewart and Chattahoo-chee, so far as it relates to the county of Clay ; also, to

FEBRUARY 23, 1876.

523

amend the Act amendatory thereto, making said Act apply to the county of Clay.
Also, a bill to regulate the trial of cases pending in the Superior Courts of this State, and Supreme Court, in which the State is party plaintiff, in civil cases.
Also, a bill to incorporate the Harper Sewing Machine Company of Atlanta, Georgia.
Also, a bill to repeal section 1456, so far as relates to the counties of Rabun, Towns and Union.
Also, a resolution authorizing and requiring the Governor to appoint a Board of Visitors to the Deaf and Dumb Institute, at Cave Spring, Georgia, and for other purposes.
Also, a bill to authorize Edward J. Delagal, of the
county of Liberty, to practice medicine. Also, a bill to incorporate the St. Mary's Air Line Rail-
road Company. Also, a bill to make all true bills found by the grand
juries of Calhoun county below a felony, returnable to the County Court of said county.
Also, a bill to incorporate the Fulton Cotton Spinning Company.
Also, a bill to repeal an Act to modify the laws against lotteries, so as to enable Wm. W. Boyd, and other pursons therein named, to adopt a scheme to raise money for purposes therein named, approved December 12, 1866, and to dispose of the property acquired under said Act.
Also, a bill to amend an Act to incorporate the city of Dawson, in Terrell county.
Also, a bill to incorporate the Toccoa and Tullulah Railway Company, and for other purposes.
Also, a bill to change the age of admission of deaf and dumb children to the privileges of the Georgia Institute for the Deaf and Dumb.
Also, a bill to exempt from road duty certain persons in this State.

,

524

JoURNAL OF THE SENATE

Also, a bill to prohibit traffic in intoxicating drinks within three miles of Pleasant Springs Church and New Bethel Church, in Washington county.
Also, a bill to prohibit the sale of intoxicating liquors within two miles of Rehoboth Baptist Church, in Elbert county.
Also, a bill to facilitate service on railroad companies in certain cases.
Also, a bill to amend section 888 of the Code. Also, a bill to grant R. C. Mitchell & Co. certain pnvtleges in making an abstract of the records of deeds and mortgages in the county of Fulton. Also, a bill to incorporate the Merchants Bank of Atlanta. Also, a bill to repeal so much of an Act as gives to the Chairman and Commissioners of Louisville, in the county of Jefferson, power to sell the commons belonging to said town, and to invest such power in the Trustees of the Louisville Academy. Also, a bill to incorporate the Bibb ManufacturingCompany. Also, a bill to repeal section 5th of the charter of Van Wert, and substitute another in lieu thereof. Also, a bill to amend the homestead laws of the State of Georgia. Also, a bill to incorporate the Atlanta Glass Plate Insurance Company. Also, a bill to incorporate the Atlanta City Brewing Company. Also, a bill to protect the planters of oyster beds, and for other purposes, in this State.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to appropriate money for the relief of A. A. Paul, John W. Wilson, and the representative of Robert Ladd. The report was agreed to. The bill was read the third time and passed.

FEBRUARY 23, 1876.

525

The Senate took up, as the report of the Committee of the Whole, a bill of the House to alter an Act entitled an Act to create an Advisory Board for the counties of Laurens and Glascock, so far as relates to the county of Laurens, and for other purposes, approved February 22, 1875. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the \Vhole, a bill of the House to alter and amend the charter of the town of DeSoto, in the county of Floyd, and for other purposes. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to exempt from road duty the officers and members of the Liberty Independent Troop of Cavalry, in the county of Liberty. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to submit to the qualified voters of the city of LaGrange, in the county of Troup, whether spirituous or vinous liquors shall be sold in said city, and for other purposes. The report was agreed to. The bill was read the third time and passed.
Mr. Cain, from the committee of ~onference on the bill of the House to license dogs and encourage sheep raising in this State, to whom an amendment of the Senate was referred, in which the House refused to concur, made a report, in which it was recommended that the Senate recede from its amendment, and certain amendments were proposed to the bill..
Mr. Kibbee submitted, as a point of order, that it was not within the province of the committee of conference to propose amendments to the bill. The point of order was declared to be well taken.
The report of the committee of conference was dis-

526

JouRNAL oF THE SENATE

agreed to, and the Senate, on motion, insisted on its amendment.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to alter and amend an Act to incorporate the town of Hogansville, in the county of Troup, and for other purposes, approved October 12, 1870. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to amend an Act entitled an Act to organize a County Court in each of the counties of Calhotln, Baker, Quitman and Miller, and for other purposes, so as to provide a County Solicitor for the county of Calhoun, and for other purposes. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to change the line between the counties of Coffee and Ware. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to amend an Act entitled an Act to amend an Act, approved January 19, 1872, to create a County Court in each county, except certain counties, approved February 15, 1873, so far as the same relates to Putnam county, and for other purposes. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to amend the charter of the Vernon Shell Road Company, assented to December 13, 1859. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to provide for the payment of the fees of the Solicitor General of the Southern Judicial Circuit of this State in cases of misdemeanor trans-

FEBRUARY 23, 1876.

527

ferred to the County Courts in said Circuit, and for other

purposes. The report was agreed to. The bill was read

the third time and passed.

The Senate took up, as the report of the Committee of

the Whole, a bill of the House to require the Mayor of

the city of Augusta to discharge the duties of the Recorder

of said city, to limit the salary of said Mayor, and for other

purposes. The report was agreed to. The bill was read

the third time and passed.

The House resolution authorizing Hinton P. Wright,

Esq., to publish the Public Laws of the present General

Assembly, was, on motion, taken up and read.

On motion of Mr. Harris, the same was so amended as

to limit the price per copy to one dollar, and require that

the publication should not be delayed beyonci twenty days

from the adjournment of the present General Assembly.

The resolution as amended was concurred in.

The Senate took up, as the report of the Committee of

the Whole, a bill of the House to incorporate the Mer-

chants and Planters Bank of Griffin. The report was

agreed to. The bill was read the third time, and on the

question of its passage, the yeas and nays were recorded,

to-wit:

Those voting in the affirmative are-Messrs.

Black,

Gilmore,

Lester,

Brimberry,

Graham,

McDaniel,

Cain,

Hester,

McDonald,

Cannon,

Howell,

Peavy,

Carter,

Hudson,

Reese,

Crawford,

of the 25th, Wilson.

Freeman,

Kibbee,

Those voting in the negative are-Messrs.

Harris,

McAfee,

Slaughter,

Hopps,

of the 39th, Wilcox.

Mattox,

Yeas, 19. Nays, 6.

So the bill received the required constitutional ma~or:ty

of two-thirds, and was, therefore, passed.

.528

JouRNAL OF THE SENATE

The Senate took up, as the report of the Committee of the Whole, the bill of the House to make and constitute the Sheriff of the county of Cobb ex-officio Tax Collector of said county, and for other purposes therein mentioned. The report was agreed to. The bill was read the third time .and passed.
The following message was received from the House of Representatives, through Mr. Sweat, the Clerk thereof, to-wit:
Mr. President :
The House of Representatives has adopted the reports -of the conference committees upon the disagreement of the .two Houses on the following bills of the House, to-wit :
A bill to provide for a Constitutional Convention of the people of this State to revise the Constitution, and to appropriate money for the same.
Also, a bill to license the keeping of dogs, and to promote sheep raising in this State.
The Senate took up, as the report of the Committee of the Whole, the bill of the House to prescribe the duties .and fix the term of office of the Solicitor of the County Court of Richmond county, and for other purposes. The report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, the bill of the House to incorporate an insurance company in the city of Augusta, to be called the Augusta Insurance Company. The report was agreed to. The bill was read the third time and passed.
On motion of Mr. Peavy, the bill of the House prescribing the manner in which injunctions shall be granted in certain cases, passed this day by the Senate, was reconsidered and again taken up. The report was agreed to. The bill was 'read the third time, and on the question of its passage, the yeas and nays were required to be recorded, to-wit:

FEBRUARY 23, 1876.

529

Those voting in the affirmative are-Messrs.

Cain, Cannon, Crawford, Freeman, Gilmore,

Graham, Hester, Howell, Lester,

Mattox, McDaniel, McDonald, Slaughter.

Those voting in the negative are-Messrs.

Black, Carter, Harris, Hopps, Hudson,
of the 25th,

Kibbee, McAfee,
of the 32d, McAfee,
of the 39th; O'Daniel,

Payne, Peavy, Reese, Rutherford, Wilcox, Wilson.

Yeas, 12. Nays, 15.

So the bill was lost.

The Senate took up, as the report of the Committee of the Whole, a bill of the House to amend an Act entitled .an Act to extend the corporate limits of the town of Watkinsville, in the county of Clarke, and for the better regulation and government of said town, approved December 6, 1872;

The same was amended, on motion of Mr. McDaniel, by striking trom the caption of the bill the word ''Clarke,'' .and inserting in lieu thereof the word "Oconee." The report as amended was agreed to. The bill was read the third time and passed as amended.

The Senate took up, as the report of the Committee of the Whole, a bill of the House to incorporate the town of Stockton, in the county of Clinch, and to confer certain powers upon the Town Council of said town. The report was agreed to. The bill was read the third time and passed.
On motion of Mr. McDaniel, the bill of the House, .amended and passed this day, amending an Act to incorporate the town of Watkinsville, was reconsidered. The
34

530

JouRNAL oF THE SENATE

report was agreed to. The bill was read the third time and passed.
The Senate took up, as the report of the Committee of the Whole, a bill of the House to regulate the sale of spirituous liquors in the county of Cobb, and for other purposes. The report was agreed to. The bill was read the third time and passed.
On motion of Mr. Wilson, the Senate adhered to its refusal to concur in the amendment of the House to the bill of the Senate to regulate the pay of grand, petit and County Court jurors for the county of Laurens.
The following bills of the House were, on motion, indefinitely postponed, to-wit:
A bill to create a Criminal Court for the county of Bartow.
Also, a bill to exempt all male citizens of Dodge county, over forty-five years of age, from road duty.
Also, a bill to repeal an Act to create a Board of Commissioners for the county of Clay.
On motion of Mr. Lester, the resolution of the House of Representatives authorizing the Governor to appoint a: board to revise that portion of the laws of this State which relates to ''the volunteers," was indefinitely postponed.
The resolution of the House authorizing the Attorney General to compromise certain ji. fas. belonging to the State, was read and concurred in.
The Senate took up the resolution of the House as t() the destruction of State bonds.
Mr. Cain proposed to amend the same by striking therefrom $3 50, ooo. The amendment was not agreed to.~ l The resolution was concurred in.
The Senate took up and concurred in the resolution of the House in regard to the modification of revenue laws.
The Senate took up and concurred in the resolution of the House authorizing the Governor to sell certain real estate belonging to tl-.e State of Georgia.

FEBRUARY 23, 1876.

531

The Senate took up and concurred in the joint resolutions of the House in relation to the supposed debt of the United States to the State of Georgia, for advances to support the war of I 8 I 2.
The President appointed as the committee to bring up the unfinished business, Messrs. Harris and Kibbee.
Mr. Harriss offered the following resolution, which was, on motion, taken up, read and unanimously agreed to, towit:
Resoh,ed, That the thanks of this Senate be and ~they
are hereby returned, to Rev. J. P. Duncan, who has
served us as Chaplain during the session soon to close, with so much dignity, pious eloquence and Christian zeal; that our warmest sympthies shall follO\v him wherever he m:1y go, and our hope is that he who is not permitted in his old age to see the beauties of earth may wake to the glories of Heaven, when his Master calls him to his last account ; that we recommend him to those who may succeed us here, and trusthe may for many years be chosen to ask the blessings of God upon the deliberations of the Senate of Georgia.
Mr. Cain offered a resolution fixing the hour of I I o'clock p. m., to-day, as the:hour of adjournment st1u die, the House concurring.
The same was amended on motion of Mr. Harris, so as to notify the House of the readiness of the Senate to adjourn sine die.
On motion of Mr. Hester, the Senate took a recess of one-half hour.
The Senate resumed consideration of business.
The following message was received from the House of Representatives, through Mr. Sweat, the Clerk thereof, towit:
Mr. Pns "dent:
The House has agreed to the following resolution, in which they ask the concurrence of the Senate, to-wit :

532

JouRNAL oF THE SENATE

A resolution further prolonging the present session of the General Assembly until 12 o'clock m., to-morrow, the 24th instant.
On motion of Mr. Harris the resolution mentioned in the foregoing message, was taken up and read.
On the proposition to concur in the same, the yeas and nays were required to be recorded, to-wit:

Those voting in the affirmative are-Messrs.

Black, Cannon, Chastain, Crawford, Graham, Harris, Hester, Howell,

Hudson, of the 25th,
Kibbee, McAfee,
of the 32d, McAfee,
of the 39th,

McDonald, O'Daniel, Peavy, Rutherford, Slaughter, Wilson.

Those voting in the negative are-Messrs.

Cain,

Mattox,

Lester,

Payne,

Yeas, 18. Nays, 6.

fl Reese, vVilcox.

The resolution having received the required constitutional majority of tv.-a-thirds, was concurred in.
On motion of Mr. Kibbee, the President was requested to appoint a committee to join a committee on the part of the House to inform his Excellency the Governor that the General Assembly, by the required majority of twothirds, have prolonged its session until 12 o'clock m., tomorrow.
The President appointed Mr. Kibbee as the committee on the part of the Senate.

Mr. Freeman, chairman of the Committee on Enrollment, made the following report, to-wit : Mt. Presdent:

The Committee on Enrollment report as duly enrolled, signed by the President and Secretary of the Senate, the

FEBRUARY 23, 1876.

533

Speaker and Clerk of the House, and delivered to his Excellency the Governor, this day, the following bills, to-wit:
A bill to permit the Savam1ah Bank & Trust Company to reduce its capital stock.
Also, a bill to repeal so much of the present general school law as requires the county school fund to be apportioned among the sub-districts.
Also, a bill to amend the charter of the Bank of Washington, at Washington, Ga.
Also, a bill to amend section 2279 of the Code of Georgia, as to renting real estate.
Also, a bill to amend an Act entitled an Act to prohibit the sale of spirituous or malt liquors within two miles of New Liberty Church, in Catoosa county, and to provide punishment for the violation of this Act, and for other purposes, approved March 3, 1874, by striking out of the 1st section the words "two," and inserting "one," in lieu thereof.
Also, a bill to make minors parties to proceedings in the courts of this State.
Also, a resolution to authorize the Governor to effect temporary loans during the year 1876.
Also, a bill to repeal the 1xth section of an Act entitled an Act to create a Board of Commissioners for the county of Clay, and to prescribe and define the powers and duties thereof, approved February 20, 1873, and for other purposes.
Also, a bill to amend the laws of this State, and for the protection of the State treasury ; to define the obligations pertaining to the office of Treasurer, and to prescribe his duties, and for other purposes.
Also, a bill to change the line between the counties of Calhoun and Clay.
Also, a bill to change the line between the counties of Bibb and Twiggs.
Also, a bill to provide for the payment of certain insol-

534

JOURNAL OF THE SENATE

vent criminal costs in the Northern Judicial Circuit, and for other purposes.
Also, a bill to authorize the issue of bonds of the State, for the purpose of paying the interest now due and falling due on the recognized bonds of the Macon & Brunswick Railroad, endorsed by the State, and the interest due on the recognized bonds of the North & South Railroad, endorsed by the State, and for other purposes.
Also, a bill to amend an Act to prescribe the mode of incorporating towns and villages in this State.
Also, a bill to relieve F. W. Williams from liability on a criminal bond.
Also, a bill to fix the fees of the Jailor of Twiggs county.
Also, a bill to authorize the County Treasurer of \:Vashington county to pay the wife of Haywood Brookins, Ordinary, for extra services, and for other purposes.
Also, a bill to regulate the sale of spirituous liquors in the city of Brunswick, and to submit the same to a vote of the people.
Also, a bill to repeal an Act to fix the official bonds of certain county officers of the county of Camden.
Also, a bill to change the time of holding the Superior Court of the county of Washington, and for other purposes.
Also, a bill to amend the charter of the city of Sandersville, and to authorize the corporate authorities of said city to invest in the stock of the Sandersville & Tennille Railroad Company.
Also, a bill to amend an Act to create a County Court for the county of Screven.
Also, a bill to make penal the catching of fish in the Allapaha and its tributaries, in the county of Irwin.
Also, a bill to amend an Act for the protection of deer, partridges and wild turkeys, in the counties of Chatham and Bryan, and for other purposes.

FEBRUARY 23, 1876.

535

Also, a bill to amend an Act to consolidate and amend the several Acts incorporating the city of Brunswick, and for other purposes.
Also, a bill to relieve the securities of Thomas E. McRea <>n a criminal bond.
Also, a bill to repeal so much of section 1272 of the Code of 1873 as to make it the duty of the Governor to issue new bonds of this State in lieu of all such legal bonds as shall be paid off or purchased and canceled, which said -new bonds are intended to be added to, and made a part of, the school fund of this State.
Also, a bill to compensate the Clerk of the Superior Court and Sheriff for services rendered in the county of Liberty.
Also, a bill to keep open, remove and prevent obstructions in Kinchafoonee creek.
Also, a bill to change the line between the counties of Clay and Calhoun.
Also, a bill to provide a tribunal where claims from the Court of Ordinary shall be tried.
Also, a bill to provide compensation for the Judge of the County Court, fees of the Solicitor, and the per diem for jurors, so far as relates to the county of Carroll.
Also, a bill to define the line between the counties of Irwin and Wilcox.
Also, a bill to define for whom trust estates may be created.
Also, a bill to repeal all local laws or ordinances incon .sistent with section 1563 of the Code of 1873.
Also, a bill for the relief of John A. Houser, L. M. Houser and F. M. Houser.
Also, a bill to repeal so much of the Code, section 3d, as requires publication of certain public laws of this State.
Also, a bill to amend an Act entitled an Act to prohibit ~he sale of intoxicating liquors within two miles of Villa Rica, in the county of Carroll.

536

JouRNAL oF THE SENATE

Also, a bill to amend section 3d of an Act entitled an Act to amend an Act to establish a City Court in the city of Atlanta.
Also, a bill to empower the Judges of the Superior Courts to employ a stenographer.
Also, a bill to alter the laws of. this State relative to the summary establishment of lost papers.
Also, a bill to change the time of holding the Court of Ordinary of Terrell county.
Also, a bill to change the line between the counties of Coffee and Clinch.
Also, a bill to amend sections 1955 and 1956 of the Code of 1873.
Mr. Freeman, chairman of the Committee on Enrollment, made the following report, to-wit :
Mr. Presidmt:
The Committee on Enrollment report as duly signed by the President and Secretary of the Senate, and Speaker and' Clerk of the House of Representatives, and ready for transmission to his Excellency the Governor, the following bills, to-wit:
A bill to amend section 4166 of the Code, relative t() Justices' Courts.
Also, a bill to authorize the running of freight trains over the Georgia Railroad on Sundays, in certain cases.
Also, a bill to prohibit the sale of intoxicating liquors in the depot on the Atlanta and Richmond Air Line Railroad, at Sandersville, in the county of Gwinnett.
Also, a bill to amend an Act to prevent the destruction of insectiverous birds, etc., in the counties of Richmond, Dougherty and Randolph, and to extend the same to the counties of Calhoun, Baker and Rartow.
Also, a bill to amend section I 540 of the Code: Also, a bill to prevent obstructions to the free passage of fish in the waters of the counties of Miller, Calhoun and Baker.

FEBRUARY 23, 18]6.

53T

Also, a bill to amend sections 1227, 1228, 1235, 1236 and 1237 of the Code of 1873.

Also, a bill to amend section 3961 of the Code of 1873.

Also, a bill to amend an Act to prescribe the mode of granting license to sell intoxicating liquors in the county of Jefferson, etc., so as to "embrace the county of Twiggs.

Also, a bill to prohibit the sale of intoxicating liquors within three miles of Holly Springs Church, in the county of Elbert.
Also, a bill to reduce the Sheriff's bond of Calhoun and other counties to five thousand dollars.
Also, a bill to provide compensation for the Commissioners of Roads and Revenues of the county of Lumpkin.

Also, a bill to enlarge the jurisdiction of the County

Court of Twiggs county, and for other purposes.

Also, a bill to amend an Act to organize a Criminal

Court in the counties of Marion, Talbot, Stewart and

Chattahoochee, so far as it relates to the county of Clay ;

also, to amend the Act amendatory thereto, making said

Act apply to the county of Clay.

Also, a bill to regulate the trial of cases pending in th~

Superior Courts of this State, and Supreme Court, in

which the State is party plaintiff, in civil cases.

Also, a bill to incorporate the Harper Sewing Machine

Company of Atlanta, Georgia.

Also, a bill to repeal section 1456 so far as relates t()

the counties of Rabun, Towns and Union.

Also, a resolution authorizing and requiring the Gov-

ernor to appoint a Board of Visitors to the Deaf and Dumb

Institute, at Cave Spring, Georgia, and for other purposes.

Also, a bill to authorize Edward J. Delagal, of the



county of Liberty, to practice medicine.

Also, a bill to incorporate the St. Mary's Air Line Rail-

road Company.

Also, a bill to make all true bills found by the grand

538

JouRNAL OF THE SENATE

juries of Calhoun county, below a felony, returnable to

the County Court of said county.

Also, a bill to incorporate the Fulton Cotton Spinning

Company.

Also, a bill to repeal an Act to modify the laws against

lotteries so as to enable Wm. W. Boyd, and other persons

therein named, to adopt a scheme to raise money for pur-

poses therein named, approved December 12, 1866, and

to dispose of the property acquired under said Act.

Also, a bill to amend an Act to incorporate the city of

Dawson, in Terrell county.

Also, a bill to incorporate the Toccoa & Tullulah Rail-

way Company, and for other purposes.

Also, a bill to change the age of admission of deaf and

<lumb children to the privileges of the Georgia Institute

for the Deaf and Dumb.

Also, a bill to exempt from road duty certain persons in

this State.

Also, a bill to prohibit traffic in intoxicating drinks with-

in three miles of Pleasant Springs Church, and New Bethel

Church, in Washington county.

Also, a bill to prohibit the sale of intoxicating liquors

within two miles of Rehoboth Baptist Church, in Elbert

county.

Also, a bill to facilitate service on railroad companies in

certain cases.

Also, a bill to amend section 888 of the Code.

Also, a bill to grant R. C. Mitchell & Co. certain privi-

leges in making an abstract of the records of deeds and

mortgages, in the county of Fulton.

Also, a bill to incorporate the Merchants Bank of At-



lanta. Also, a bill to repeal so much of an Act as gives to the

Chairman and Commissioners of Louisville, in the county

of Jefferson, power to sell the common belonging to said

town, and to invest such power in the Trustees of the

Louisville Academy.

FEBRUARY 24, 1876.

539

Also, a bill to incorporate the Bibb Manufacturing Company.
Also, a bill to repeal section 5th of the charter of Van Wert and substitute another in lieu thereof.
Also, a bill to amend the homestead laws of the State of Georgia.
Also, a bill to incorporate the Atlanta Glass Plate Insurance Company of Georgia.
Also, a bill to incorporate the Atlanta City Brewing Company.
Also, a bill to protect the planters of oyster beds in this State, and for other purposes.
The following message was received from the House of Representatives, through Mr. Sweat, the Clerk thereof, to-wit:
Mr. President :
The House of Representatives have concurred in the Senate resolution for the appointment of a joint committee to inform his Excellency the Governor that the present session of the General Assembly has been prolonged until 12 o'clock m., to-morrow, the 24th instant; and the committee appointed on the part of the House are Messrs. Graham, of Dade; and Bacon, of Bibb.
Mr. Kibbee, from the committee on the part of the Senate to inform the Governor that the General Assembly had prolonged the present session until 12 m., to-morrow, reported the performance of that duty.
On motion of Mr. Harris, the Senate adjourned until 10 o'clock a. m., to-morrow.

SENATE CHAMBER, ATLANTA, GA., } Thursday, Febntary 24, 1876, 10 o'clock a.m.
The Senate met pursuant to adjournment, the Presiident in the Chair, and was opened with prayer by the Chaplain.

540

JouRNAL OF THE SENATE

On motion of Mr. Paine, the call of the roll was dispensed with.
On motion of Mr. Crawford, the reading of the Journal of yesterday was dispensed with.
Mr. Cain moved to reconsider so much of the Journal of yesterday as relates to the refusal of the Senate to adopt the report of the committee of conference on the amendment of the Senate to the bill of the House to provide for licensing dogs and to encourage the raising of sheep in this State, the refusal to adopt said report being, in effect, adherence to the Senate amendment to said bill. On the question of reconsidering the same, the yeas and nays were demanded by Mr. Hudson, of the 25th, but withdrawn. The motion to reconsider prevailed.
Mr. Slaughter moved to reconsider so much of the Journal of yesterday as relates to the loss of the bill of the House to create a Criminal Court for the county of Bartow. The motion did not prevail.
On motion of Mr. Lester, so much of the Journal of yesterday was reconsidered as relates to the indefinite postponement of a resolution of the House in relation to the revision of the military laws of this State. The same was, on motion, taken 'Up and concurred in.
The following message was received from the House of Representatives, through Mr. Sweat, the Clerk thereof, to-wit: Mr. President:
The House of Representatives recedes from its amendment to the following bill of the Senate, to-wit :
A bill to regulate the pay of grand, petit and County Court jurors for the county of Laurens.
Mr. Freeman, chairman of the Committee on Enrollment, made the following report, to-wit : Mr. President :
The Committee on Enrollment report as duly enrolled and ready for the signatures of the President and Secretary of the Senate, the following bills, .to-wit:

FEBRUARY 24, 1876.

541

A bill to incorporate the Vesey Mining Company. Also, a resolution in relation to the charges of bribery in connection with the lease of the Western & Atlantic Railroad. Also, a bill to. incorporate the Gold Mountain Mining Company.
Also, a bill to incorporate the Pigeon Roost Gold Mining Company.
Also, a bill to create a Board of Commissioners of Roads and Public Property, etc., for the county of Washington.
Also, a bill to incorporate the Atlantic & Mexican Gulf Canal Company.
Also, a bill to enable the purchasers of railroads to form corporations, and to exercise corporate powers, and for other purposes.
Mr. Freeman, chairman of the Committee on Enrollment, made the following report, to-wit :
.!Ylr. President : The Committee on Enrollment report as duly signed by
the President and Secretary of the Senate, and the Speaker and Clerk of the House of Representatives, and ready for transmission to his Excellency the Governor, the following bills, to-wit :
A bill to incorporate the Vesey Mining Company.
Also, a resolution in relation to the charges of bribery in connection with the lease of the Western & Atlantic Railroad.
Also, a bill to incorporate the Gold Mountain Mining Company.
Also, a bill to incorporate the Pigeon Roost Gold Mining Company.
Also, a bill to create a Board of Commissioners of Roads, Public Property, etc., for the county of Washington.
Also, a bill to incorporate the Atlantic and Mexican Gulf Canal Company.

542

JouRNAL oF THE SENATE

Also, a bill to enable the purchasers of railroads to form corporations and to exercise corporate powers, and for other purposes.
Mr. Reese offered a resolution, which was taken up, read and agreed to, fixing, with the concurrence of the House, I I: I5 o'clock a. m. this day, as the hour for final adjournment of the General Assembly, and the Secretary was directed to transmit the same forthwith to the House of Representatives.
Mr. Mattox moved the appointment of a second committee of conference on the amendment of the Senate to the bill of the House in relation to the licensing of dogs and encouragement of sheep raising in this State. The motion prevailed, and the committee appointed on the part of the Senate consists of Messrs. Mattox, McAfee, of the 32d District, and Cooper.
The following message was received from the House of Representatives, through Mr. Sweat, the Clerk thereof, to-wit:
Mr. President:
The House of Representatives have concurred in the following Senate resolution, to-wit:
A resolution to adjourn at I I: I5 o'clock a. m., sine die. The following message was received from the House of Representatives, through Mr. Sweat, the Clerk thereof, to-wit:
Mr. President: The House of Representatives have concurred in the
resolution of the Senate in reference to adjournment at I I: I5 o'clock a. m., and have appointed a committee, consisting of Messrs. Speer, Peeples and Hutchins, to notify the Governor of their action.
On motion of Mr. Graham, the Chair appointed the committee on the part of the Senate, under the foregoing resolution. The same consists of Messrs. Graham and Kibbee, who, having performed the duty assigned them,

FEBRUARY 24, I8J6.
reported that the Governor had no further communication to make, except one to the Senate, which he de~ired to be considered in Executive session.
The following message was received from his Excellency the Governor, through Mr. Warren, his Secretaryr to-wit:
Mr. President:
I am directed by his Excellency the Governor to deliver to the Senate a sealed communication, to which he respectfully invites the consideration of your honorable body in Executive session.
On motion of Mr. Kibbee, the Senate went into Executive session, and after some time spent therein, returned to open session, when Mr. Mattox, from the second committee of conference on the Senate amendment to the bill of the House, to provide for the licensing of dogs and the encouragement of sheep raising in this State, reported the same back without recommendation.
Mr. Freeman, chairman of the Committee on Fnrollment, made the following report, to-wit: Mr. President:
The Committee on Enrollment report as duly enrolled and ready for the signatures of the proper officers, the following bills, to-wit:
A bill to incorporate the Fulton Manufacturing Company.
Also, a bill to regulate the pay of grand and petit jurors in the county of Laurens.
Mr. Cain offered the following resolution, which was taken up, read, and unanimously agreed to, to-wit:
Resolved, That the Senate, with pleasure, expresses its -obligation to the reporters of newspapers for the accurate reports made by them of the proceedings of the Senate, during the present session.
Mr. McAfee, of the 32d District, offered the following resolution, which was unanimously adopted, to-wit :

.544

JouRNAL oF THE SENATE

Resolved, That Hon. John W. Murphey, Secretary; C. B. Wellborn, Assistant Secretary; R. J. McCamey, Journalizing:Clerk; John B. Cumming, Door-Keeper; and A.
J. Cameron, Messenger, deserve the highest commenda-
tion of the Senate for the faithful manner in which they hav(discharged their duties during the present session.
Mr. Reese offered the following resolution, which was unanimously agreed to, to-wit :
Resolved, That the thanks of the Senate are due, and are hereby tendered to the Hon. Thomas J. Simmons, President of the Senate, for the able, efficient and courte-ous manner in which he has performed the duties of his :Office during the present session.
Mr. Crawford offered the following resolution, which was .also unanimously agreed to, to-wit:
Resolved, That the thanks of this body be and the same .are hereby tendered to the Hon. Rufus E. Lester, President pro tem., for the efficient manner in which he has discharged his duties as presiding officer.
The following communication was presented by A. J. Cameron, Messenger; and J. B. Cumming, Door-Keeper, .and read by the Secretary, to-wit:
.Mr. Presi'dent and Smators: You will please allow us to return you our sincere and
heartfelt thanks for the trusts you have conferred upon us. We have, doubtless, committed errors in the performance of our duties, but you have done us the kindness not to complain, and we claim that they were errors of the head, .and not of the heart.
You may hereafter have better and more efficient officers than we have been, but you will have none truer or more faithful than we have tried to be.
May Heaven vouchsafe to you all a safe return to your homes, a happy meeting with your family and friends; :and should you again be called upon to serve as Legislators, may it be your lots to enact laws for a happier and more prosperous people.

...

FEBRU.~RY 24, I8J6.

;j45

!'RESIDENT SD1MON:-i' ADDRE:"S.
GCilt!cmen of the ~'icnatc : The hour has arrived when it becomes my duty, under
the joint resolution of the General Assembly, to adjourn this body forever.
\Vhat a flood of memories roll oYer my mind as I am about to pronounce the words that separates us. l\Iemories of our great struggles when we first came here, for the interest and welfare of our noble old State, and of the grand triumphs we ha\e achieved, in placing her once more on the highway to honor and prosperity.
\Vill you pardon me if, for a few moments. I recur to he history of this Senate and its labors. \\'hen some of us who will part tp-night-perhaps forever, in our official capacity-reached here in November, I 871, we found the State Government without a head, and the whole machinery of government in utter confusion. :'\o man knew what our obligations were-whether they were millions or tens of millions. Our bonds \\'ere quoted in the markets of the world at nominal rates, but by the prudence and wisdom of our action, our securities to-day command a higher premium than the securities of any State in the South, and as high a price as any State in the Union.
This is especially gratifying to me, because when, as chairman of the Bond Committee, in connection with my associates, the Hon. John I. Hall and the lamented .Mdlil1an, I visited the city of New York to complete our investigation. I was informed that if Georgia refused to recognize all these illegal and fraudulent bonds, that her credit would be worthless in the markets of the world, and her name \\"ould be a byword and reproach amongst all the States in the future. Regardless of all these threats, ami regardless of the reproaches of the money lenders, I made the report, which some of you helped to adopt. and freed our State from eight millions of fraudulent securities, that had been f.1stcncd on her by fraud and fqrce. I congratu-
35

546
late myself and you tu-day that I had the firmness to make this report, and that you had courage to adopt it, against the threats and menaces of the brokers of \Vall street. To-day our bonds arc sought as imcstmcnts by the prudent and cautious of the whole Union, because they know that we will pay what we honestly O\\c, and nothing more.
These are some of the fruits arising from your action and that of your predecessors. But this is not all. \Vhen you came into office you knew \\c had a State rich in mineral resources but unknown to own people and to the world. That the world might know that Georgia was an empire in herself, that she contained all the elements of greatness and prosperity ,,ithin her own boundaries, you had the wisdom to establish a bureau of geology, which is now astounding us with the proof of her unparalleled resources and riches. You found the great agricultural.intcre:-;t of the State in a languishing condition. You have established a bureau of agriculture, which under its present able and scientific management, will in a few years reclaim her worn out hills, and cause her valleys to increase a thousand fold.
You found portions of our State afflicted with diseases, whose cause was unknown, and by your wisdom and liberality, you have established a bureau of health, which in my opinion will do as much to promote the advancement and prosperity of our people as any law you have enacted. These arc some of the Acts passed by you. \Vhile you may not live to sec their wisdom fully exemplified, yet when you and I ha\c passed away, and our bodies have been consigned to the cosom of our grand old mother, whom we love so well, these will be our monuments, more lasting than brass and more enduring than marble.
And our children and children's children, in future year~. when they are receiving the benefits of these our labors ; when they will be citizens of the richest, the healthiest and most prosperous State in the Union, and arc enjoying these great blessings, will rise up and bless OU1" memories_

FEimC.\RY 24, 1876.

;)47

Senators, my fricnus-I may say my brothers-there is but one more word for me to say, which will separate us forever. 1 am loth to speak that word, even in obedience to your command. Before I do speak it, let me again return you my sincere thanks for the great kindne'is, courtesy and forbearance sho\\ n me during thL: time I han: occupied this chair.
Doubtless I have committeJ many error:;, but you han~ thro\\"n the mantle of charity over them, and ha\-c not remembered them against me.
If I have ever offended one of you, let me assure you that it was unintentional, that I deeply regret it, and here ask your pardon. From each and all of you I ha\c had nothing but the utmost kindness and forbearance. \Vith the humble, but fern:nt invocation to our merciful Father to have you in His gracious keeping now and forever, I declare this Senate adjourned sim die.

1:\IJE.'\ To HoLs~: Bn.r.~.
INDEX TO HousE BILLS
.-\
ASYTX:\{--1h:AF .\XI> Dnm, AXI> LrX.\TH'To amend tlH law in relation to the DPaf and Dnmh Asylum 341 3ti2 3M To proYitle for at1mi~sion of rolorcrl DPaf ~[ntl'g ...... 300 330 3$ To appropriate monPy to the Lnnatit .\~ylnm .......... .41:1 442 4Sl
B BOAHD OF liE"\LTII-
To anHml an Act to crcatP .................................... :~71 3!lti 4.~~ BO:\DS-
To proYitl<' for l'l'_e!:istration of all homb. .................. :1S!l m;, 475
To rdil'YP from taxl'~ ........................................... 41ii 4-!2 475 To rPgnlatP forP<"lm;lln' of nwrtp:agts to .........................4110 441
c
('I L\HTEHS-(~1:.\XTEI> .\Xf> .\~IEXDEI>To amend the charter o[ Homlon ............................ 1il2 l!JO :38:1 To amend the charter o I' At hPns .............................. 1G.2 1!)1 354 To amciHl the rharter of :\[org-an ........................... 218 244 3-1~ To anwml tlu charttrof (:ri1lin .............................1Gt 180 2!1 To :tllH'IHl tiH chartl'r of Blakely..........................!l08 329 3G2 To amend tht chartl'r of C':trne:<Yilh- ....................... :lOS 320 :3;)7 To anwml the charttr of .\thens .......... ................ :lOG 3'2G :J;'i4 To :tllH'IH1 Ihe charter of CaY(> Spri11~ .................. HiO 180 301 To amentl th<' eharftr of }fatli;;on ........................... 2ltl :2Ji 4.0~ Toa1nentl the ('hnrtt>r of' J[arl!'l1l ........................... :307 :1~n aSGTo amend the charttr of Alban~ ............................. 21 !l .'2-H !].)4 To nmemlthr: charter of .Jnnf'shoro ........................ :21!! 2-H 401 To amend the charter of \\-aycr"'' ........................ ~Gil 272 ;}4?, To an:cncl the charter of }[illetlg-f'Yille ..................... 1:12 Hfi 289 To anwml tht charter of Franklin ...........................:l07 3:10 i'i21J To amen'! tlH charter of 'Vright~rillt ..................... 308 3:30 402 To an:en1 tlH <hartPl' of sw,linsloro ..................... 1G2 1!10 flO.{

550

hnEX TO Houm Brr.1.s.

To amcllll the clmrtPr of Gaiucsvillt ...................... :J7:.l 3fiS 470 To ameml the charter o E Decatur..........................372 398 472 To amend the charter of Americn~ ....................... 263 271 401 To amend the charter of Barnesville ................ ...: 414 443 518
1\J amrrHl the charter of Entler............................. ass 397 471
To amend the charter of 'Yhitesbnrg ...................... 39!) 43!) 41-!6 To amentl the charter of Slatcmille ........................ 89!) Ml 47-1 To amcml the thartcr of Colnmun~ ........................ .43-1 403 ii06 To amend the charter of DeSoto ........................... .434 46! !i~5 To amend the charter of WatkinsYillc .................... .435 464 iJ:.l!l To amend the charter of the Vernon :-;hell Hmul Co .. .435 46ii ii~ti To amcntl the chartt-r of Bellton..... .................... .435 45:{ flO-! To incorporate Provitlent !'avings ami Loan "\.ssodation... 327 40!l To incorporate Blnc Hidgc :\fining Company ............. 371 397 48'3 To incorporate Harper Kewing :IIadline Company............203 208 Tl ilworporate :IIitldle Ueon.da Co-operative Association
:lOS 3~7 -ltlil To incoqltlrak :\!aeon (;a, Li:.rht :lllll \\"akr Company
;~o; a~s u;~H
To incorporate :Smtltwe,tern Haillnly Ct>mp;uty ...... ilOn 330 407 To incorporate Angtbta lnsnrance Company ............ .488 46-l fi~K To incorporatt Crawfonl. ..................................... :lO!l 3~\l -W:! To incorporate Tybtt' Im[H"OYtnwnt C01upany .......... 13:! 147 ~:l8 To in<orpt>rate Citizens Loan aml Trwt Company. )larietta
:341 30"! 472 To incorporate :-;toC"kton ...................................... .43i) 4;j;J ;j~!)
To incorporate Dnlnth ......................................... .4il4 46-t iil!l To incorporate Honwrdlle .................................... :}!)[) 43!) ..JN!l To incorporak Tallapoo'a :\lining Company ............ 400 "14.0 47tl To incorporate Oconee .......................................... 414 4i:l 4711 To incorporatt Trafkrs aHtl Planter,; :-;ayin~!>' Bank of Honw
414 -1-10 titl To i11corporate "\Yalll<'y ...................................... ... lGO 188 ;l:"i~) To incorporate c;ran.~cr,; Lift antl Health ln,nranee Compan.1
~18 244 3;)1i 4i&
To anwml tiH' eharter of City Bank of :1Iacon .......... '247 271 il74 To a.mentl the charll'r of thP )[ntnal Proteclion Insurance Co.
~18 ~H :J.i3 To amen<] the charll'r of the Rbin_~ Fawn Iron Company
133 1-lli 170 Tu :uncntl tltt charier of CommHcial Bank of Au~nsta
aos ::127 ;r;;l
To atnctHl the ('lwrt<r of liogan~Yilk ... ............... ... 437 4ll-l D2G To am~ntl the chart(r of Camilla .... 1:12 141 240 248 363 449 512 To an1cnd the <hart<'r of Nc"nan ...... ............... ...... ~62 27~ H0.3 To amrnrl thf' chartl'r of CartcrO'Yilll'.... ................. ..t:l!) 464 !l17

l:\"DEX TO HOC:'E BILL:;;.
To anwml the charter of C'oehran ......................... .43:i 46:3 JOO To incorporate the )[erchants anrl Planters Bank of Griflin
438 45-l 5~7 To amend tlw charter of First Presbyterian Chnreh, .\.ugusta
399 4-13 477 To incorporate :-;myrna, in Cobb county ................. .41:i 1-ll 475
{)lTlES AXD TOWXS-
To authorize the )[ayor of )[aeon to issm !Jontb.......30G 3~(i ;)3:) To limit tiH' po11er of the mtmidpal authorities of An~nsta
;262 270 -!02 To enlarge thr pO\rer of tlw chief cxt!ntin of Darien ... 307 32!)
ura
To require the )layor of the City of Angnsta to act as Heeorrler............................................................ .431l 4(il.i J27
To authorize an election in Dahlonega ...................... 246 27~ 3-!4 To fix the term of )fayor of Augnsta... ... .. .. .. .. .. .. ......... 192 ~07 To fix fees of Marshal of LawrenccYille ................307 3~9 ;J45 To preycnt 1iring of guns in Yineyille .....................218 244 042 To declare certain tax ordinances of Angusia in fone.132 HG 2:.38 To limit the taxing of lanrl in Bainbridge .................434 -1:i-l :)16 To repeal an Act rettniring tht reg;i:<tration of \otcrs in
Bainbridge .................................................. .436 4G;l :J17 To ratify the sale of ( ;IJmer strl'l't. PPrry. Ga ............ 246 ~6!1 0;;7 To authorize )fayor and Comwil of Honw to ~l'ttle lomled cll'lJt
,115 14:) 4~0
CODE-
To tuntnll ~ccti<in -!3GB of tlH; CtH!t- ............................. .436 4(]6 To amend section 45()0 of the Ccl(h-........ :l87 ;l!l() 400 442 17-1 476 To amend section 330!) of the Cotk ....................... .400 441 475 To repPal section 'i'!JS of lhl' Cocle ........................... .400 4-12 iiOO To ametid section 41:!7 of the Coclt ................................. 400 To anwncl section l(jj() of the Cock ........................ .400 4-!2 ~0:.3 To amend section 18H o!' thP Cocle ........................ 388 3!):) 475 To anlC'nd section 25:i7 of tlw COtlt ....................... 388 3[):) 47() To amentl section 40S;l of the Cock ........................ 203 207 2\l!l To atmml section 2617 of the Cocle...... ....... ...... .. ......... BSO :195
To amend section 4600 of the Coclt .........................:380 an::; 50!l
To amtml sections 3H!l!l and 3700 of tht; Cotk ............ 309 32:; 3~7 To amcml section 279 of the Cotk ...........................192 207 323 To amrml ~ec-tion 610 of the Cocle ........................... 307 :J28 382 To UlllCIHl sect;on l(j!{) of the ('otlt ...... ............. ...... 308 B~;"'j 3;)6 To amend section 4127 of the Cock.................. 2-!7 260 37~ 406 To npeal sections 1254, 12.)5, 125G, 1:!:i7, 12GS, 1259, 12GO, 1261,
1262, 1263, 1264, 12():) of the Cocle ..............................:J'i'2 4'i'9 To amend section 4441 of the Coclt .........................-114 -!41 517 To amPntl scetinn 2040 of the ('ode ........................ 246 269 ::lii5

552
CO:!IH!ISSIO);"EHSTo create a Boarrl for Troup cotmly ......................... ~47 271 407 To create a Board for Douglas county ........................... 245 272 To cnatc a Board for Lee county ...........................246 271 403 To create a Board for 'Vaync county ........................161 191 300 To create a Board for Oconee county......................372 398 487 To create a Board for :\ldntosh county................... 371 397 482 To create a Board for .Jones county ........................162 190 248 To create a Board for Habnn county.................................. 372 To create a Board for Appling county.....................203 2{)6 281 To create a Board for Talbot county........................192 207 301 To create a Board for Tatnall county......................192 206 323 To create a Board for Bibb county ..........................306 328 359 To repeal a Board for Dooly county.........................161 191 382 To repeal a Board for Calhoun county ......................262 273 346 To rcp('a] a Board for Clay county............................... 162 243 To repeal a Board for Berrien county...................... 203 206 343 To amend an Act to create a Board for Bihb county... :J72 397 481 To legalize Acts of Commissionrrs for :Mcintosh county... 308 32!) 339 To ameml an Act creating a Board for Decatur county ..... 880 398 To anwnd r.n Act rrcatin~ a Board for )lonroe county 218 244 3!i7 'fo authorize Commi>sioncr~ of Coweta county to pay jurors 161 190 iJ;'il To anHntl an .\.ct creating Conunissioncrs for Calhoun county 307 ~28 843 To :t['point SnperYisor of Hoa<l~ for Columbia county 160 189 :303 To crl'ai<' n Bo:u.l of l'ommi~simHr,; f,n U rern(' <mmty 160 188 8 To create a Board for Laur<'ns eonnty............. .43i 453 525 530 To aholish l:khool Connnis"ioners of Ctilmcr antl Fannin <onutic>' .............................................................160 lUO 36!l To authoriz< l'onnni,:;.ioncr,; lu issue homls in Cmmlcn fotmty
;m B98 48G
To authorize l!il'hool Connub:<imhr,; of Thomaston to <'Oll\'CY town lots ...................................................... Hil 1UO 29!)
To :mthoriz<' thl' Commission<rs of Baker to is,:ne bmuls 485 466 5115
To dclilH' <lntirs of Commis,.ioncrs nf l'nhlic Hua<ls... 888 3()6 48-! To npeal an Af:l l'l'C:ttin~ C'o:nmi,:siorwrs for Pierce r'Otmty
:388 307 4R;) To anwml an Act <'rtating Comnibi'inners for llabcrsham
county.................................................................... 3!l8 480

bnEx To HoLsE BILLS.
To cnatl' a Boanl of Commis.ioner;; for Early pounty 400 401 489
To <reate a Board of Conunis:<ioners for Spalding and Butts counties ...........................................................400 442 481
To create a Board of Commission('rs for Snmt('r county 388 3!J8 51H
To create a Boanl of Commissioners for Houston county 414 440 48!1
To create a Board of Conuui,sioners for Johnson county 415 439 485
To :nncml an Act ereat ing: ~\ Board of Commissioners for Coweta ('Oilnty.......................................................... 30;~
To amend an Act creal ing: a Board of Commissioners for Campbell county..... ... .. .. .. .. .. .. .. .. .. .. .. .. .. .... ... .. .. .... ... .. 804
COXVEXTIOXTo provide for a Constitntional eonnntion ... 193 ~07 ~82 28il ;)1:!
COXVICTSTo punish the harboring of.. ................................... 1lt:!1 3!J,'j 480 To regulate the lea;;ing- of...........................................372 31Jfi
COSTS AXD FINES--
To regulate payment of, in Ellingham rotmty ......... :308 3:.?!J 382 To provhlc for payml'nt of, in ,Jackson county ......... 309 32'i 331:1 To provi<lc for payment of, in Clarke county ............ 308 3!l5 18H To provide for distribution of, in Chatham county......:308 323 3513 To pro,itle payment of, in :Macon Circuit .................. ~Oil 32;) 3;)4 'l'o provi<le payment of, in Spal<ling county............... 192 208 23!1
To repeal an .\et autlwrizing Justices to awan\ costs. 307 323 ;r:n
To reqnirc pa~ment of line,; into th<' l'onnty Treasury
aon :3:.?'i 40~
COL'XTY LIXES CIL\X<.<EDTo l'hange thP line lwtwetn JIon,;! on :mel ~[aeon, aiHI i"tcwart aiHI Handolph ................................................... .400 443 470 To change th<.' litH' h!'!Wl'<'ll Coffee and ""are .......... .4;)(; 4G! iJ~(j To change tlH litw httwel'n Hamlolph :mtl Terre:! .... A1:l 443 471 To ehan~" tlH litH' between "\pplin.~ nllfl 'Yaym ....... 1!1:; '20R 30>3 ;)47 308 To chang<' the line lH'tW<'tn :Jiurby nllll l.{onlon........ :Jjl ;l!J7 50!)
To change the line between ""orth al!l\Jrwin ............:no H30 3.);)
To change the line hctmcn Irwin ancl 'Vorth ........... 1:3:) 1!7 ~,12 To cl1ang:e the line hetwecn Xcwtnn :uul Hor~k<lalc ...... lHO 1!)0 34>) To change the line bet11ecn }[arion ~mel Taylor ... lliO l!JO 1!)8 3:).') To chango the line het,nen Wnrc am\ Piere< ............ lG'! 1DO ~40 To change the line hct w<en Ste11nrt and 'Vchster ...... 1()'? 1DO l!l8 'l'o f'h:mp:;' the \in(' b~t,nen Clinch am\ Coffee .......... lU:.? 1!)0 l!JX

1).)-l

INDEX TO Hot:sE BILLs.

To change the line between Chattahooehe and Stewart.262 271 2!J8 To change the line between Newton and Jasper.........218 245 2!l8 To change the line between Laurens and Johnson ........... 247 302 To change the line between Pulaski and Dodge.......... 247 272 360 Tn change the line between Calhoun and Randolph ...161 190 242 To change the line between Taliaferro and GrecnP ...... 24G 272 302 To clnnge the line between Pierce and Charlton ....... :308 330 3;38 To change the linP lJetwccn ){arion and Chattahoochc<
:!41 3:;~ 373

{'0C;\T1 <>FFICEH~-

To tkfinp th< liability of County Treasurl'n<. alHI thl'ir suretie~

1!)2 207

To rt'peal an ~\.d authorizing County ollker>' to let ont convict~

l!J2 207
Tu fix .Tailors fep,; for )fonroe county ...................... 218 24<J ::.is

To anthorizP tht Orclinary of Hall county to f'<'ll tlw Pauper

Farm .............................................................. 218 2-l;i

To rPpeal ~n Act auolishin.~ the Trea,nnr of Bnrke <mmty

218 244

To fix the <"Oill]Wnsation of Treasurer of )ln~eog-,p <"Oimty

To

tlefine

Tax

Collector,'

:l-!1 <Inti<> ............................. :331

352 340

.:1,-8.1-
l),,)

To lix the salary of Treasnrcr~ of ::-;mut<'r :tml Han<1olph countie;<

il31 340 ;;);)

To consolidate certain ofliccs of .Jackson connty ............ 331 :l40

To n1wal an Act consolidating certain otlices in Dak<r connty

.

200 :100

To abolish the Trcasnrers olllc2 of Biuu connty ....... :)30 il-!0 ;;;s

To fix the compensation of County ofliccrs of Troup ami

Coweta............................................................. 871 ;l!)fi 411

To nttuire Ordinarie;;, and other County oflie<r~, to make

ret.nrns to Grand .Tnries ....................................192 201 ;)(10

To amend an Act aholishing the otlict~ of Tax Hec:einr ami

Colltctor of :!'llurray ernmty ................................162 18!l H-l

To lix compensation of Ticeeiver ami Collector of )leriwetll!'r

connty .............................................................!{07 32fi ;;:}H

To n1lnec the hnn<l of t3hcriff of Chattaho<WhPe county

331 340 ;~;;)

To lix the pay of TreasurPr of l>eKalb eonnty ......... 307 32fi a42

To lix tlw pay of lteel'iver ami Colledor for Tal hot l'otmty

:!07 32;"i 387

To make th<' Onlinary of <:reenc tonnty r.r-offido Tmasurcr

263 270 B4.2 To ntlnce the ~heriff's boJ](l of )!arion, Baker ami )[aeon

cotmtks ......................................................... 19a 2!J8 243

hDE'i: To HocsE BILL:-;.

555

To repeal an ~.l..ct authorizing lltP Ordinary of Telfair to issue bonds .....................................................300 310 329 345
To consolidate the offices of Treasurer and Collector of Fannin county ........................................................140 1(]~ 304
To reduce compensation of officers of 'Wilkinson county 14!l 1G2
To fix compensation of Trcasnrer of Campbell county......B08 3.38 To eonsolidate certain ofliccs in Cobb county ...........371 8!1(] 485 "To make the ShC'riff of C'oblJ county e:r-of!Ho Tax Collector
ilHO U9G To limit the po\\cr of the Onlinary of Dceatm county.BO!l :l'!G 3..i8 To authorize the Onlitmry of Fnlton eounty to issue bomb
U09 32G ilG!l 499 To rc![uire Tax Hecei\cr~ to takP !lown fnll christian n::nnc~
1(]1 lt'!l 2;)6 To 1ix comlH~nsation of Treasmer of )IeriwPther county
3on ;~:2r. a-t1
To tix !'Olllpensation of Trca>unr, H!'ccin'r and Collector of Floy!l county.........................................................1;J2 146
To consolidate the ollic!'H of Hecl'iyer an!l Collector for Han-
<lo1ph county ................. ................................. ...... ~Gt ;372
To repeal au Act eonsoliclating: the otlic!s of Hcceinr and Collcetor of Lnion county ................................... 1H3 1-!G 3.j5
'To fix the pay o E ollicers for ::\Ionroe eounty ...... 301J a~G iJ;)::-1 481 To authorize the Treasurer of Screven county to pay certain
orcltr~ ..... .................................................. ...... 2()2 2';-H 360 To fix the salary of Treasurer of Hichmoml connty...132 1-G l!JS To confer certain po\n~rs on Tax Collector of Sumter county
lliO 189 To tix pay of HccPivcr and C'ollcctor of Chcrok!'(' county
26;{ :2-;";1 D43
To consolidate Hceeinr aml Culketur of (~ilml'l' C'\Jtmly
24G ~G\'l a;m
To tix compensation of olli~:cr' of O;.!ldlwrpe county :21!1 ~-1.) i38(l
To consoli<late oflices of RPeeinr an<l Colkdor of Pickens county .......................................................... 241i ~li!l il5G
To npcal an Act eonsolhLtling: ofli!'''' of .Jasper <ounty :21\) 2-14 377
To fix compenation of certain o11icer,: of 'Va:.:hington county 438 4t4 506
To 11x compensation of lkcl'inr aml Colhctor of Bibh county :38H il!l;'i 489
To l'l'!lttc!' !'OllljlP!l:'ation of thP otlicers of Ilntt.' connty :J8S B98 482
To eonoolidate cPrtain o1lie!rs of Ocum connty ........ .41il 443 482

556

hm:x TO Holsic BII.Lc;.

To regulate Constables' fees in Wilkes county ............ 4Vl 4o!) 514 To reduce the Sheriff'~ bond of Heard county ...........413 442 4l7 To makc the Tax Collectors of Troup, Emanuel aiH! Dou~;1as
l.l'-o.J!icio Sheriff................................................. 418 441 47ii To recJucc the commissions of the Treasnnr of Chy county
41ii 4io ian
To consolidate the otli.ces of Clerk ~npcrior Court mHl Treasurer of Dougherty county .................................. .4:34 46i 5Hi
To authorize Commissioners of Baker connty to issue hou<ls 4o5 466 51~
To reduce' comp<'nsation of Hecei\'C'r am1 Collector of Clay ('()Unty......................................................435 439 488 50-l
To mnb; Tax Collector of Doughlrty county e.r-o_gicio Sheriff 435 454 50fi
T" fix the pay of Treasurer of Bartow counly..........308 32U 362 To rellucL the bond of Sheriff of Chattahoochee conntv
331 o!b o7i To f'onsoli!late the otliccs of Treasurer aud Clerk of SupC'rior
Conrt for "\Ycbstcr county..................................160 li:l8 30i To autlwrize Onlinari<s of Hamlolph and Calhoun counties to
hir< convicts .................................................... 161 18!) 3i! To extend jnrisdiction of eertain .lu~ticls in Donglas county
341 B!32 o8~ To ti.-..: the pay of Bailiffs in \YaynP couuty..................... Hil 191 To protl'ct Ordinaries............................................388 3!li) 467 To repeal Cl'rtain .\.ets in relation to )Iagistrate~ of Chatham
!'Ollllty ......................................................... :l88 39.) 4!J0

COCHTS-Cor;o.;TY, CITY, C'm~HX.\1.-
Prr~erihing mamH'r an<! lime of motion~ for new trial 13i 46;) ;'jl(i
Tn amem1 the County C'cmrl A<t a,; to Clayton county ....... 263 2711 To ameiHI the County Court Act as to Morgan county.261 270 338 To npeal an Act anu'IHling thu County Conrt Ael as to De-
catnr county ............. ,................................................ 21:-< To almlish the County Court of l'pson cotmt,v.......... 26:3 :16!! :337 To lix the term and <il'linc the clnties of Soli<oitor of County
('ourt of Hiduuoml county ................................. .437 466 0~8 To nrate a Criminal Court for Bartow <"onnt_,..... .43/i ,1.'5-lc ;;;;o !i411 To amend th< County Court A<l a.s to ('lark< cotmty
2fJ3 273 B02 H.)-; To Pr~anize a County Comt for liab!'rsham connty.... :380 il!);i 48!1 Tn amencl an .\.ct creating a City Court for Atlanta .... 30!l :l:?.i :ltil To :llli':IHl nn Aet to f'rent<' a C'onnty Conrt for Bibb county
:JO!l at:'! at>:~ To th the pay of County .Tmlgc of Hiehmnnd <otmty. 216 27~ ;)!;:

1:\'DEX To Hot:sE BILLS.

;)57

To amend the County Court Aet as to .Tack~on tounty

193 ~07 336

To amend the County Court Act as to .Marion eounty..193 207 321

To confer certain powers on the County .Judge of Uichmollli

county.............................................................330 341 361 To am~JHl an Act to crtate a Count Court for Troup eounty

830 3-10 4Jl6

To amend the County Court Act as to :\Iiller county ...1!12 206 2ii8

To organize a County Court for Handolph eounty ...... 264 ~70 3.:)4

To organize a Criminal Court for Burke eounty .........247 2611 Bil7

To create a Criminal Court for Heard county............132 Hc6 369

To amend an A(t to enall a County Court for Cowell\ eounty

263 272

To organize a Criminal Court for Barto \II' county....... a41 3;)2 3tl1

To tstablish a County Court for Dodge eounty..........371 :J!l;i i;l7

To amtJHl tlw County C'onrt Act a~ to Thmnal< county

Hil lt-IM 321

To repeal an ~\tt enating a ComlJy Comi for :IIikhell euunty

160 188 240

To tlt'Jine the jnriS~lktion of the totmty Judge of Sc:-ewn

county ............................................................. 262 270 ;JH!l

To amtml the County Court Aet as to Clayton eonnty

161 1Hii a.i.t

To fix the salary of the County .Judgt of Brook~ fonnty Hil 1!)0 :_!.)H

To anwnd the Connty Cm1rt Act as to Putnam touuty

43-1 1.)4 526 To amend the C'ount/( 'onrt Aet. as to \Vilke~ ('onnty. .436 46.i fila

To abolish the Connty Coi1rt for Carroll county ........ .436 1!16 504
To abolish the City Court of Augusta....... ..............ass 3!J:i 4>!6

To anthorizP eases tmnsferretl to Criminal Court of Taylor

eonnty .................................................................. a94 46!1

To amend the County Court Aet as to Oconee eounty. 3fi!J 4afl 4&!

To anwnd tlw Connty Court Aet as to Hancoek countv

-

.400 4;J!) 4ti4

To ameJHl the Connty Court Act a~ to C~tlhoun county ..... .400 fi21i

To amend the County Conrt Aet ............................ .400 44.2 4H!l

To organize a Criminal Coart for Decatur county...... 414 440 470 To organize a Criminal Court for Pike county........... 263 ~?67 :-lM

To amend an Aet to ereate a Criminal Court as tfl :IIeriwethPr

eounty .. ... ...... .. ... ... ... ... ... ... .... ...................... .4~~ llili fJ04

('OCHTS-SIH'EI!l!Jl: .l:s-n,TUPOEsTo authorize Judges of the tluperior Court~ to strike eriminal cases from their docket, etc .............................. .438 46:; 518 To chru!gt the tim< for holdin[:( Superior Court o!' Wikox ('0\lllly .................................................................... 218 245

558

b:DEX TO HOl'SE BILLS.

To change the time for holtling- the Superior Court of Eehol~ county .......................................................... .4ilti 46G 50!)
To chang-e the tin:e for holding the Superior Court of Burke county ............................................................ lGl 18\1 2:37
To change tlw time for holding the Superior Conrt of Cherokee county ............................................................ 381 39H 472
To change the time of holding the Snpr-1 ior ( :onrt of Cconec county.............................................................. 219 24:) 342
To nquin Judges of the Superior Court to chr.rge t'trtain st'ctions of tlw Corle specially ..................................... ::lt.i~! 2fl!l
To authorize Snjwrior Conrts to grant corporate powt,rs 2Gil 270 il()O
To legaliz<' an onlcr of .Tllllgl' of the Sntwrior Court of lil'nry tonnty .............................................................. 262 27:3 3\:ltl
To prescribe an oath for '<Jll'Cial Bailiff,; of SnpPrior Courts 114 440 474
COUHT-St'J'I!DIETo anthorizt .Jmlg''" t> pttrchasc certain files of paperR 400 442 4!)9
CHDII::s-AL LAWTo punbh f<rticitlt or triminal abortion .................. :371 89-i 4611

E
EDUC.\.TIOl\-
To authorizl' thl' Tru>'tel'~ of i:'ala~:oa "\.calkmy to sdl samP -136 4:)!J :i2()-
To reorg-aniz!' the ;.:overnment of the Stat!' Cnhersity B06 32(; 40!i
To authorize Commi~sioners of Au~tell Collegiate Institute to levy a tax ......................................................... :J07 325 358
To provide pay for Teachers in Campbell county ..... 263 271 381 To create a Board of Education for Biub county ...... 263 270 338 To pay school expenses in 'VhitfieM eonnty..............413 4H 477 To pay Teaehcrs of Campbell c:>unty ......................... :l'iR 3!Hl
EMIGl~ATIO:N"-
To encourage and appropriate money tn same ........... .41il 4-!:j 47ii To requin Emigrant Agents to obtain license ............203 207 27!1
BQUITY~
To prescriue the manner of granting injunctions.371 395 516 528 To regulate the practice in certain Chancery ca~s ......372 39ii 487

INDEX TO HOUSE BILLS.

559

F

FAR~l PRODl7CTS AKD STOCK LAWSTo protect farmers of Charlton county ....................~7 271 2!)!) To exempt farm products from taxation ......159 189 237 248 378 To regulate the sale of farm products in Hancock and other cotmties........................................................247 270 :!:3() To rt'6'1Jlale the sale of farm products in )!organ county 132 146 :301 To amend an Act regulating the sale of farm products in certain counties...................... .... ........ ...... ..... ... ... .....218 2.J}i 345 To regulate the sale vf farm products in He:ml county 133 147 238 To regulate the ~al!' of farm products in Bntts county
162 189 aoo
To protect farm products in Decatm county ............ .485 465 516 To regulate the sale of farm products in J,incoln and Brooks
counties.......................................................... .ilOS 329 :338 To regulate weighing of farm productL ........... 2(j2 271 379 407 To enact a Stock law for 1\Iilton and For~yth ............ 309 330 509 To protect stock ownera in Wayne county...............161 188 239 To regulate the traffic in Seed Cotton ................... .434 466 514 To prevent cruelty to animals................................160 188 369 To license the keeping of Dogs ..................193 208 321 332 4;31
467 !i02 !)40 !i42
G
GAR~~SHMENT LAWSTo exempt certain wages from garnishment .........132 146 202 204.
GOVERNMENTTo make appropriations for Rupport of for 1876......... :306 326 334 369 372 To leyy and collect a tax for support of for 1876.202 208 22! 248
GOVERNORTo authorize the Governor to farm out the convicts to the Gainesville, Blairsville, and Northwestern R.R.Co.. .438 453 505 To authorize the Governor to hire out convicts of Penitentiary 399 441 468 To authorize the Governor to draw his warrant on the Treasury to pay for certain services..............................399 442 501 511 To authorize the Governor to procure Standard Weights and Measures....................................................246 270 374 502 To authorize the Governor to draw his warrant to pay claim of Messrs. Ragland & Winn...............................331 340 401 To authorize the Governor tQ purchase certain volumes for the counties of Douglas, Oconee, and Mcintosh..........371 396 476

IxoEx TO HoL'SE BILLS,
H
HOLIDAYS-
aso To legalize certain bolitlays,,,.,., ........................ B!Ji ~86
lll'NTl:\U AND FISHING-
To prcn~nt Camp Hunting in Donglas aml Haral,;on counties 371 3!Ji 4()9
To proteet ganw in )forgan otmty ..... , .. , , .... , .... ,,l!J2 207 21:!1 To prohibit hunting on lant!f; of another in \Yayn<' count.y
:lOH :l'itl To amend an Act to proted ~anw in J\Iclnto~h county
246 273 aatl To prevent fishing in tile water~ of Worth c~c><mty. 24ti 271 2!J!J 3:J2 To JH'C'YCllt the killing of IYihl TnrkT" 1'1<'.. in (:rene cotmty
a~an;w
To allow Ji~h traps in Hi~!; In<lian cntk, llom.t.on c:onnty 438 4M 'ilH
To Jll'f'Yl'nt hunting on lands ot anothtr in ;\laon cmmty :mu a 4io
To pnHnt ti~hing in Lakt Douglas .. , , .. , .... , ... ,,400 440 4i;) To l'neonragc propagation of fish ... ,,. ,., ... , . ,,.:J::i2 370 471:! To prohibit the killing of Partritlg<f' and ~Wilt] Turky,; in l'<'l'-
tain counties,,, ,,, , , , , , . , , , , .. , , ... , , .. , .. il8i 3!JH 48i To amend an Act to prohibit hunting on anotlwr's lnncl.414 441 ;)11 To prohibit hunting on nelosPd lam!~ ... , .... 21!) 2!4 323 4;)0 4;)2
1
IXTOXICATIXU LIQUOW:l'fo prohibit sale of in Penfil'ld .. , ..... , , ...... , ..... , .. 24(} 2i2 a60 To regulate salt of in Haralson Hmty ............. .437 454 ;)06 520 To rPgulate sale of in Palmetto, Campbell eonnty ......437 45H 482 To regulate sale of in Madison county ...........................262 34-( To regulate ~ale of in Hntland District, Bibb l'onnty ........263 272 To regulate sale of in Cartei~yille, Bartow count.y ...... 2ii:3 269 324 To regnlat sale of in Polk ('Otmty .................... ,....261 :.liB 43;: To regnlak ~nle of in parts of Fulton connty ............ 24i 212 302 To ngnhh ~ale of in Xwton, .Ta~per alHl :-tewart fotmtie,; 219 24.'> 3H:{ To rtgnlatt ~ale of in Marion county ........................ 132 146 :Jail To regulatt sale of in Jiusco!!ce and Stewart eonntil'F.... _,309 3.% To ngnlnte sale of in Fort Yalley ... ~ .......... , ........... :-180 397 483 To regalatt sale of in Oconee county ....................... 387 39i 4R8 To ngnllltl' ~ale cf at Cedar Creck Chnreh, Flo~'d county
161 191 ua

IxnEx TO Hoc~E Btr.L~.

5tH

To regulatc ~ale of in Brooks an<l Tattuall c<mnties.......: ...160 302 To rrguhtll' ~ale of at Union Church. Hidtmmul county
l(l() 1\)1 386 To regulate >;ale of in Dougla~ <otmty ....................:341 352 3i6
Tn regulate sale of in ]<'loyd, Datle :m<l other cotmlil's......307 325 To regulate sale of near Carnes,ille .........................307 l328 359 To regulate l'ak of 1war Lulah Chunh, ll:oll<'rsham county
!-108 B2H HH2 To regulate salt- of JH:tr :IIorgan Camp l;l'<llliHL Calhoun
<'Ollllly........................................................... 192 206 28!1 To regula!< ~ak of JH'ar Car~onYill< ........................ 1!)2 20:-{ ilH6 To ngnlat<' sak of near B11lah Chunh, llmHoek <'o11nty
illl1 3!0 ilHO To r<'gnlate sal< of in :llill<r otmly ................................206 _2;)!)
To regulate sale of in .J:ukson\"ilh. 'I'<'Ifair <'011nty .... :mn 440 4.'!6
To regulate sal< of in Carrollton ............................ 3!l!l 4:1!1 :)1!1 To re.!!,"nlat< sale of in ""arrenton ............................. :1!l!l 441 !il!l
To regnlatl' sale nf in Cohh mmty ......................... .!00 439 :;ao
"To regnlatf~ salt) of in LaUrnn~e .................. ...... ...... 4a4 4:)4 ;J~i To ngula.t< sal<- of near B<'lhlehtJll anl \\'ilson Chnrc:hts
4;!6 434 482 ;)20 To r<'gnlall' sak of Sehnapps in Union onnty ............4:-lG Fi4 ;,()(} To r<'gnlate sal<- of in Cmss KLys Distri<-1. I>.Kalh <onnty
:.!87 ;J\)7 4~7 To regulatP ~a!<- of in Hampton ..............................:.ltli ;i!lt! 4Hii To regulate salt of in Palmdto., ............................ 414 440 477 To regulate sale of in .J<offprson. Burk< and \Yashin~ton
rounties ......................................................... .414 4!0 4'>4 To J'<gnlah ~ak of Jw.ar Oak <:ron Chur<'h, )[a!'on <'onnty
414 4:J!J ;)()!)
To ameml an .\.ct to regnl:ttc sah- of in rertain eonnti t'S. apprmed l~ehruary 2ti, 11~7;).. ........................................ i~88 ;j!)li
To regulat< sal. of in Lithonia ...............................:!07 :128 :ltit To regulate sale of at H"d HiU Chmeh :I!Hl )[a~oni< L:>Llgt-.
~tewart county .................................................. .4;)7 45:.! >21 To rPgulatl' sale of in Bluffton, Cia.' county ............262 273 27!1 To regulat<' sale of at Sar<lis Chnreh, ('obh mmty .... 2.()2 27il 27!1 To regulate salt of JH'fU lslan<l Crcl'k Chttr!'h. Hancock
<onnty .......................................................... 41.) 4il!l 4B> Tn rPgnlalt ,:ale of in T<l fair arul :IIont~onwr,l <onnt.ies
4ill.i 454 :;oo
To regulate sale of in Emannel eonnty .........................21H 245 To regulate sale of ne:u <<rtain c:hnr!'lws in I Iart and Elhert
connli<'s ....................................................... ... 4:~:; 46.) !itS To ngnl:\tt >al< of Jl<':lr Camak ( 'hnr!'h, \\'arr<n eounty
;]88 :l98 466

-~.
;.,..{~-.;;_~, ~. ; '

562

l!\DEX To HovsE BILL".

J
JURORS AND .JURY LAWS-
To fix the pay of jurors in Decatur county ..............437 465 515 To fix the pay of jurors in !Iiller county................246 272 344 To fix the pay of jurors ia Criminal Court of 'Vebster county
246 35tl To fix the pay of jurors in Bartow eounty ...............246 273 303 To fix the pay of jurors in Baldwin, Jefferson and Quitman
counties ..................................................................132 1-tG. To fix the pay of jurors in County Court of Dooly county
161 191 24:3 To fix the pay of jurors in Dodge county .................133 146 242 To fix tlic pay of jurors in Calhoun county...............308 829 344 To fix the pay of jurors in Effingliam county...........162 191 30:~To fix the pay of jurors in l\Iuscogee county.............160 188 33!) To fix the pay of jurors in 'Vayne county.......... .. ....160 38:1To fix the pay of jurors iu Clinch county..................160 188 25!) To fix the pay of jurors in Webster county..............160 272 34:~ To fix the pay of jurors in Butts county.............................. 14!r To fix the pay of jurors in Macon county ................. 262 270 27i~ To fix the pay of jurors in Burke eounty ..................149 162 23i' To fix the pay of jurors in Jasper eounty..................262 272 345 To fix the pay of juror~ in Montgomery and Telfair counties
162 191 243 To fix the pay of jurors in Chattahoochee county ......203 207 282 To fix the pay of jurors in Dougherty county................. 162 24~ To fix the pay of jurors in Whitfield county ........... 192 207 303 To fix the pay of jurors in White county................331 341 35!)To amend the jury laws of Richmond county ............246 270 403 To fix the pay of jurors in Washington and Johnson counties
438 464 50r. To proYid" for the dissolution of Grand Juric!l in certain cases
414 440 47;') To (':O:cmpt the Fulton Blue~; from jury duty .............380 397 51& To exempt Engineers aud Conductors of railroads from jury
duty................................................................. 247 270 387 To exempt members of 'Vashington Hifics antl Dragoons from
jury duty.................................................................... 4il

M
:MARHIAGI-::.'3Tn rcgulat~ tbe l~t\li of ManiaKC............................160 188 3~

Ixm:x TO HoL"SE BILLS..

563

p

POI~O~t\-
To regulall' tlJP ~ale of ................................... 247 20!'1 378 40';
PRAM'ICE-LF.GAL-To amend the law of limitation~ ............................ :\88 39i:i 476 To provitle fOI' supplemental proceP<Iin!!:~ a~aim:t tlehtm.~ :341 352 476 To authorize any c:rnlitor to eompf'l hoJHl ............... 2().1, 209 475
PHINTIXGTo providt' for printing for Dcpartment of .\~rkulture 4a8 4M !i04 507

To dumg! tht' t,.rminons of thP :.\l:uietta aH<l Xorth (.;corgia H. R. ;JlO 330 402
To authorize consolidation of Savannah, Skidaway aml fleahoard with Coast Line H. IL ...............................30fi 325 353
To fix duties and Iiabilitie~ of Reeeherf: of H. H ...... .414 440 487 To prescribe mode and terms of salt of Xorth ant! South R. H.
387 396 461
REGISTHATIOX-
To amellll Acts in !"dation to registration iu Chatham.. 2-Hi 272 366 To amend an .Act in relation to regi~tration in Thomas,
Lowmle~ and Deeatur....................................... 246 273 279
HELIEI<~-
To compen8ate St<'phen Saucer. ............................. .43;'; 463 :';Vi To reliew heirs of ,John Caldwell. ......................... 370 396 476 'fo relieve B. B. Hinton and Tho,. B. Lnmpkin ......... 308 326 356 To relieve J. E. }fcGuire.....................................101 189 :377 To relieve :Mrs. G. \V. Umlerwoml.. ....................... .437 464 5H To relien~ .J. D. Collins ........................................ .438 464 514 To reliPve A. A. Paul, John Wilson and Hoht. Lade\. 438 403 524 To relieve James K. St.riekland .............................. 102 189 381 To relieve C. Snead and \V. W. 1\lontgomcry....................... 191 To relieve E. C. "Murphey and l\I. W. Hashury.......... 306 32G 375 To relieve maimed and indigent soldiers ................... 371 396 4611 'l'o rdievc Thomas Hollis................................................19!1 'fo relieve Thomas W. Da\is ..................................371 396 477 'fo relieve J. \V. Grubb~, A. 0. Inman and L. D. :Matthews
3il 396 452 500 'l'o relieve William C. Peek .................................... 308 326 331) To rdi<ve Allen Williams.............................................207 300

Ixm:x To HoL:-;E B1 LLS.
To rt"lien: Elizabeth Tanmr. .................................. .4:!4 4G4 ,j(l!J To relien' T. :-:;, Chester antl oth<n; ....................... .43G 41i4 4!19 To relie1c t'olomon 'Villiams ........................................ 3!16 48!) To relic1e "altkmar :'l!ootly ................................. .400 443 iil3 To rdicYc "am~ llalpy & Co. :nHl otht:r, ................. .43:; 465 G04 To reline(;." Cochran ...................................... ;J!J!l 443 4:-l!l
HO.\J)~ .\.~D W ).\D LAW:-;To exempt Quitman (;nards from roa<l duty ............. i.l:ll <H 1 ;Jii!l To amen<l t]H' Hoatl La".' a' to Fnlton <"otlllty ......... .4HR 4;j.j. ii17 To exempt Liberty ln<kp<'IH\(nt Troop from roa<l <lnty
4iJ!i 41i-1 i;~;j To ameml the ltoatl Law' of Chatham tounty .... :!(;:~ :)j":l 3~1i 487 To anH'n<l an<I eon:<olidat<' Hna<l La11, of Chatham !'Ollllty
To proYid< pay for Timll(:r ]{oa<b in Emannel <otmty l:l:! 14ti ;.!:ll{
To l'X<mpt per""" in Do<ig:l'. Cnion an I Fannin (otmtic' from roa<l tlnty....................................................... 43;""; 4;i:1 ii:IO
To anthoriz<' ])ayit\ ~hnh>r to ketp a trtll g-alt .......... 4:H 1:>4 ;jl.).i To n,!!n!alt applic-ation for pnhlil' roal' in )[a('oll county
~OL[Cl'l'OH~ UE~ELL\L A~D .\TTOH~EY:-;-
To provitk pay for !"olifilor of :-;outh<rn Circuit ....... 431i 41~; ;i'.l6 To pro hi hit Attorm.'-' from hP!'oming- 'urdy on o1lkiallumds
~H-~ ~;o ;~35
T
THC:-;TEE:-;To appoint for Ill<' :\!:won t:uar<b ............................ 1:1:! 1-ifi '.lil8 To ratify "'ak made h,,- Trn,lt<' of llapti't :-;orit'ly tlf .\ll)('ll>~ta :!fi-l :!73 UH
y
YELLO\\' Hl\'EB-To helan.' it a la\\ful l'c!H'l ................................... :!lt-! 24;; :103 To al!o1Y 0. !". Porter to hnild a hrich:l' on ............ 26~ '.l71 41>1

1:\nE:-..: TO SE:\ATE Bn.rs.
INDEX TO SENATE BILLS.
ABSE~('E-
Leavc ................................ .4 111i 125 152 1H 1G3 168 1i4 204 210 212 25!) 3!)1 41!i 417 4!i1 508
AD)rJXISTHATORSRcturns of removed ndmini~trators ...........................38 104 120 To allow purchase of property hy ........................ 258 268 334
ADVEHTISING-OFFICIA I.Fees o.................................... :......................102 108 145 274 To define the law of official aml fhlnciary ...............,.1!)7 205 261
AGHICULTUHALTo protect ngricultmc ....................... 2\l 33 121 13!) 155 20ti 216 To define rights and liabilities of cropper~ .................. 35 103 178 To repeal Act in nlation to farm products..................37 105 118 To provitlc for coll('<"!ion of agricultural stati~tics ..... 1!l3 205 2;i1
ANDUL8To ameml an Ad to prevent cruelty to .............................. .ii !.l6
AHX<nV ........................................ ,-, :32 ;}:~ :34 :l.} ll.'i 130 158 1!)7 2:30 347 451
ATTOHXEY <iE:\l~IL\f.To re!-!'nlatP ftes of. in rt;1in t'<l"~" ........................ 172 lRi 2i0
AWAHT>~-
Tn provitk for r..tnrn" all<I ncord of. ................. :l';' 104 11!) 13;'i
B
J3ALLtiT-Tu prolect lilt hallot in lhi~ !"LLil' ............ ................ :.!:1 ;);J 100
BA"NK~-
To incorporate Brnw-wil'k Banking antl Trn'-1 Company Jj fl8 :!51 To ngulate thn ta:~:ing of bank stock ......................... :l7 104 112 To ameml the charter of the Bank of 'Yashington ...... il8 105 119 To incorporate the Bank of .\tlantrt....... 12!) 133 181 1!)!) 204 228 'fo mnencl thn chart('r of the San,nnalt Bank ant11'rnst Com-
pany........................................ ., ..... ,. ............... 171 187 227

566

IxnEx TO SEXATE Brr.r.s.

BLACK .............................. ..... A 35 38 128 131 141 159 lt'i 177 204 267 322 370 372 468 492 507 512
BLAXCE .................................. 33 36 113 115 154 155 1:36 177 180 Hl3 212 213 2:30 2ii8 267 2!ll 433 508
BO~D::i-
To declare certain Bomb in valid and ,oil!.. ..................30 34 VJ To provillc for the issue of bonds to retire honds of Macon aud
Brunswick and Xorth and ::;outh H. H. Co'"......37 105 118 449 To authorize the Govern:>r to issue educational bonds ............ 260
mu.mn:mn:-.............................114 n> 23n 2!H 362 4!!l 470 485
BHO'\Y~, lion.T. E ...........................................................97 103
BROIYX, lion..)a5. It ...............................................................103

c
c.u~ ........................................ H.i 10~ n> 117 1'2() 127 uo 1-11 H8
1:i3 l:i:i li!l 171 177 186 HJG 212 217 ?20 2HG 2.'iS SOl 317 332 338 347 406 42-i 4G7 ,170 ;'i02 ;"ill :330 5:31 :iclO :i43
l'.\.~IEHOX .............................,. ...............................................i-11
ta~xox........................................................... 1w 1:;4 2n2 3'.ll
C.\.HTEH ...................................................................... !JG 10'3 278
CIL\.ST.\.IX ................................................................:l(l 230 321
CIHCC'IT::i-J l'DIUA!.-
To mhl Twiggs county to Oconee Circuit, ete ..............:37 10ii 120 To t:rcate a new J thlil'ial Circuit-Apalaehee
102 lOS 120 1-!D 1:i3 To transfer Ee!wb count-y to :'outhern Circuit ................. l:Jfl 173 To transfer (\tllmun c<mnty to l'ataula and ~lillcr to .\lhany
Circuit.. ..........................................................172 187 To transfer Crawford count.<tn Flint Circuit ................. 216
CITIES .\XD TO\YX::;To amend the chartlr of Brun:,;wick .....................3J 104 232 4-30 To amcml the charter of Lonisdllc ........................ 11:) 12:l 1<16 To ameml the charter of D.1wson .........................11:) 1~G 13G To ameml thP law for incorporation of town~ and Yillage~ l:J!l 172 To am(ULl the ch:u'lc'rof :3amler:;\'ilk ............ 17l 187 213 2l!l 2HO To amend the charter of ::\[adison ............................174 18G 226 To amend the chartPr of Van \Yrrt ....................... .':?:38 268 :l19

INDEX TO SEXATE BILLS.

567

CLAIMSTo rcgnlat<Hmlcr Ordinary, txecution,; .................1~lS 148 195
.com~~ To amend section 860..........................................:3! 96 100 109 To amend section 888 .............................................. 34 96 109 To amend sectbn 440:.? ...........................................36 104 137 To amcml section 3647 ............................................36 101 178 To amf'ml section 383 .............................................36 104 112 To amcml section 2353 ................................................... 37 206 'To amend section 4i2:L .........................................!JS 104 1!J5
To am::ml section 2~7!) ...............................................103 136 To amend section 3:.?7 .............................................1l;i 123 22;) To amend section89L...... ... .. ............................. 1:.?8 133 209 To amend section 4805 ........................................... 1:.?9 133 167 ~ro ameml section~ 36!l!l, :l700 .................................... 130 144 To anwn!l section 127:.? .............................................. 131 145 To amcml scetion il514.............................................. 131 144 To amcml sections 242, :.?4:).................................... 138 14!) 182 To amend sed ion 1:340........................................... :.?58 173 1!l6 To amend section 267 ..................... l!i!l \78 1!Hi 1!l7 268 278 296 To amend sections 920, !)3!.....................................15!l 172 1!l4
vm To preSCI'\'C in force section [;j(j:J.. ............................ 178 450
To rcpcal section 737. 7:J8 ..................................... 1;3!) 173 1!J6 'l'<> amcml seetion 28:l........................................... 171 187 210 To amend sectiou 4376 .......................................... 17:2 187 228 To amend section 3!l72..... .. ... ... . .. . .. .. ... ... .. .. .... .. .. .. .. .. ... .. .. . 181 T\J amend ~ections 1227, 12:!8, 12:J;1, 1:!3li, ant! 1237.........1!J3 261 To ameml section 3542" .........................................1!)3 20.3 25!l To repeal sPctiuns 145G, 1457 of the C()(h- ............ 292 324 35:3 4!l8 To amend scetiou 3888 ......................................... 1!l7 20;j 318 To amen:! sed ion 4141. .......................................... 197 205 259 To amend Rectiou4Gtl7 ............................................... 2.::1 219 To ameml section 3!J61.. ................................... 21 7 243 21;3 2!l7 To aJnen!lscetion l!J7!l .......................................... 21i8 2fi8 333
To amend S<>ction 4Hiti ..........................................~78 ::o:; 333
COXSTIT'CTIOX-To alliP!Hl (pas-<l'd hy last Llgi,;lattm:; ................................. 101
COOPEIL ................................... :: ;a !Hi 130 1g!J 141 l!l!J 204 228
:,?g;; 2!l2 40!l 4.i2 4!l2
CO:'iTSTo proYid! fur tw paynwnt of !'l'rtain ('!'imina] eost~ 38 103 165 4;j0 To pn,erilw time of paympnt of !'OSb in 8ntHrior Court,., etc. 102 108

568

I :\])EX TO SE:\ATE Blf.L".

COC~TY Co:\DIISSIO~EH::;-
To authorize Commissioner~ of Stewart c-ounty to hire out persons eonfinccl in jail for mistkmeanor,; ................... , .... 36 104
To repeal an Act cr~atin).!' a Board for Gilmer county .. :!6 106 108 To provide Commissioners for Stewart county........... 102 108 1()7 To create a Board of Commissioners for Twiggs c-ounty...131 16:> To authorize Commissioners of Clay County to hire certain
convicts................................................... .. ...... 138 149 1().; To amend an Act creating a Bo:ml of Conunissiomrs for Clay
county.....................................................171 187 229 24:~ To providt a Board of Commis~imwrs for Putnam county
202 205 2;j(~ To create a Board of Conuni,sioner for "a,Jlington county
21iJ 219 298 ij0X To amend an Ad c-reating a Bwml of Commissioners for
Lumpl,in county ................................................. ?IH '26!) 2!)-t

coe:s-TY LIXE::;-
To ehangc line lJetween \\'nyne and Appling....... :16 10.3 109 3!!4 To define the line between \\'ilcox ancl Irwin ...........116 123 2!)6 To change the line between Coffte all(] Clinch .... 1:H 14:i 188 2W To ('hange the line betwe<n Clinch [t!Hl '1Yarc ............131 145 17!) To change the line between Calhoun ancl Clay ........... 1Hi 206 29!> To change the line between Calhoun and Early......... 197 206 25(} To change the line hetween Bihh ami Twig_g~ ..... 2!(i 220 274 450 To chang-e the line bct\H't'll ('Jay :mel Calhoun................ 2.jH 26~
COl~~TY OFFICEH~-
To make Clerks Superior Comt t.t-ojlido Onlinarit,; ....102 108 1H6 To provicle for eompensation to Clerks, :-;[uriffs an<l Onlinaries
128 133 143 2611 To repeal an Act paying ccrtain ollicer,; of CanHltn <'Otmty
180 14ij 167 To prl''<ribe tlw fees of th< ( 'onnty TrPasnnr of Twiggs county
.li:ll 14i) Hi+ To lix the fees of the Jailor of Twiggs county .......... 1:31 14! 181 To eompcll5atc Clerk of Snperior Conrt and ~hl'riff of Liberty
county.............................................................. 13!) 149 167 To require Clerks of Superior Conrls to pay fine momy into tlH'
County Treasury .....................................................1!18 20i) To allow Sheriffs in one county to l<>vy executions in another
county............................................................ .'3:i8 268 320 To retluce Sheriff's hom! of Calhoun connty ........ 278 30;i 320 48()
COlJHTS-CnYTo ameml the .\c-t cnating City Court for Atlanta 21G 2!!) 2!1 274

hDEX TO SE::\ATE BILLS.
CI)CJ:T::-;-Cot::\TY-
To provide a Solicitor for Calhoun county ....................368 39! To regulate return of trne bills to Calhoun County Court
115 123 135 To amend the County Court law aR to Screven county
128 133 256 159 1j;~ To provide compensation for oflkcr~ of Carroll County Court
129 133 1!)4 To npcal an Act ercating a County Court for Lowndes
193 206 238 To authorize the eounty JtHlge of Hancock to is~ne bonds
193 205 256 To create a County Court for Twiggs eounty ............ 26i 305 3GO To repeal an Act creating a County Court for Putnam county
213 274
Cl)l"HTS-CunnX.\L-
To organize a Criminal Court for Polk .......................... 213 21!) To organize a Criminal Court for Putnam................228 243 267 To organize a Criminal Court for Clay...................... 259 268 320
COL"HTS-Jt:STICE-
To provirk for n!!islration of jllllgments.................. 2i;) 30;) 320
C<>l"l{T:'\-ScPEJ:IOI:-
To anthorizt Judge~ to appoint reporters, cte .................. 1:H 1tl6 To change the time of holding Superior Courts of certain eonn-
ti(s of the Eastern Circuit .................................. 171 186 210 To <'hangc the time of Iwhling Superior Court of \Yashington
eounty ...................................................... 1i 4 188 198 450 To allow ont: ll<'W tri<>l in Superior Conrts ..............102 108 1tl2 To JH'e,erihP praclicl' in Superior antl Snprenw ('onrh
217 2!3 333 To proYide for rendering jmlgments at the fir~t term when no
is:.:uaiJ!c tlefcnse b filellnndcr oath .............................. 241 ~60 To fix the time "ithin which motion~ for IW\1' trials may ])('
made .................................................................. ~!I~ :]24 To <"h:-tnge the tillH' for hohling ~npcrior Court of "'ilr-ox
('Oilllty ..................................................................... ;J6'J
ClUWFOHD .................................... !H; 17;) li6 202 212 ~01 317 324
:J:J2 362 :mo 46!) ,;4o !iM
CREEKS AXD IUVEHS-
To open Kinchafoonec CJ'('l'k to fish .................. llfi 1:?4 174 11-lO Tn se('ure free passage of ti;;h in Calhoun anrl Baker t"ountics
13ll 14f! 164

570

INDEX TO SENATE BILLS.

CRIMINAL LAWTo punish persons furnishing deadly weapons to minor~.. 6 95 218 To make cheating and swindling a felony.................... 33 96 1'j'tl To amend the law against cruelty to animals....................... .i) 30 To prevent merder lly moll or lynch law.............. il6. 10<3 179 1~0 To define and punish criminal negligence ....................38 lOB 1til To regulate tlte law of larceny.................................38 104 19il To make it felony to usc pulJlic moneys illegally, etc ...102 108 1tl2 To make it penal to obtain homesteads fraudulently........ 129 13il To provide a penalty for escaped conyicts................1il 186 261 To amend the law of arson................................................ 187
CC'::'\L\IIXG ......................................................................... i'i44

D
'D.EAD\VILEH ....................................................................36 131 DEAF AND DUMB .\.SYLL'::'\1-
To change thP ht\\ of aclmi~>'ion to Deaf aml Dumb Academy 267 306 318 499
DISTHICT~-Coxc;l!E~,;IoX.\1.---
To anwiHl an .\.ct cliY.idin~ the State inh Ctmgr~ssional Di:-;triets 209 213
DrBOSE .......................................... :J-1 1-10 1i'i:i 171 1!)3 200 220 276 286 301 410 41:"i 426
E
EDlTATIOX.\.LTo authori;r,e County Sehoul Commissioner,; mHl Boanls of Eclucation to administer oaths ................................. 3;3 97 118 To anH'ml the Gmcral School Law ............................. 33 !J7 195 To authori;r,c the Gon-rnor to i~f'nc bnmls for Eclncational pnrpo,.;e:-; ............................................................................260
ELECTION:-;-
Of State Treasurer ........................................................... 31 ::'\Innkipal election of CedarTown ....................... 33 !Jil 100 2'j'8
EST.\T.ESTo declare the ( 'ommon Law cloctrinc of Life estates ........ ilS 104 ILL. Bannin!.; ..........................................................102 108 To r<gnlatc the ('f'lation of Trnst Estates ......1:ll 144 1-'3;) 18(1 ~10

F
FELTOX....................... 3:l 34 114 120 12G 13:3 1;');.? 1;).) ISO 21G 228 2ao 266 292 33.2 :363 3GS sno 4~6 44ii 505

I~OEX TO SEN.-\TE BILLS.

571

FHEE~IA~ ......................... .4 116 159 180 209 223 226 242 266 291 296 29~ 318 321 350 351 403 417 455 4<.7 41J9 460 472 4~5 494 521 532 536 i)40 i)41 543

G

(i.\_HNISIBIE~T LAWTo amend the I~aw of Garnblunent. ........................ 1:.W 13i1 261 To amrnd the Garnishment La\, .............................. 1ii!l 172 1!l4

tHL:\IORE ....................................... 2H :l6 11:J ll-1 12-i 121i 1:3ll 171 172 1!1!1 204 212 213 217 277 317 321 4!!2

<lHAlLDL. .................................. ll:i 171 l!l7 Zii!l 2!J:3 301 il21 il!JO 416 117 4R7 408 477

t;L\HDL\~S-
HP<Jniring: stttlc-ment \\ ith l"tmale wanb on thdr mat-riag:t 131 141 187
To rPg-nlatc ~.-ttlemcnt with l"tIwtle wnnJ,; on their marriag:t 171 1H6 220 22!l 230
IL\HHIS ....................................... :JO 31 ::a 3fi 108 12H 130 1:a 1ii6
1:i!) 16-i 20.2 248 2ii7 2;)8 268 273 290 2!1:l 415 4!);] 502 512 513 527 ;,:n

IIESTEIL. .....................................:lti 107 114 140 148 171 1!17 204 2:10 2tl:i 2(i(i 2!l2 31 j' 34j' 362 363 :l!JO 42G :iOt!

IIO:\IESTE.\.DTo repeal an .\ct am~thling: eon;.;titulional provi;.;ions .... :l2 !JU 101 To repeal an Act relating to wai,er of homc>tl'atl.. ....... 32 !JG 100 To atljust rights where lwmcstcntl has hctn ;.;old ...... il:l !l6 111 113 To proYidc for sale of ltomcstead .............................. Bli 103 l!l4 To provide for sale or cncnmhrance of lwmcstcatl.. .......... 37 10:1 To amend the Homestead Law............... :lS 104 143 152 133 4!l8 To amend the limitation ht\1~ as to homcsttatls.......... 115 123 11i7 To amcntl the Constitution nml abolish ltomesteaLb ....116 133 136Tu makt it penal to ohtain homcsteatls frautlnlently ...12!1 133 281

l!Ol'PS ............................................................ 36 1G8 220 :l23 il47

110\YELL .................................... 3il ili 12\l 130 1G5 lil 181 1!17 204

216 224 241 248 275 278 348 890

411 416 42(i 479 48;3 513

l!t:DSOX

OF TIIF 2:iTII

..... .

.,~
. )1

102

15;)

15!1

163

171

11)7 202

216

22-4- 228 2.';0 2(ifi 271i 277 4t!.) 507

572
Ht:Dsox, oF THE 21-lm ............................. ..... :; 21:l ill:? 31; :J32
HCNTI:-\1: .\XD FlSIIIlW~-
To amend an Act ngulating hunting in Quitlll:lll county .... :J(j HJ4 To anwJHI an Aet nlatin to killing in,<ftivoroui' hirds
:lj 10-i W!l To pren-nt killing of ganw in Camden county .....1:)0 144 1iiJ 1~2 To amcml an Ad for prot<<! ion of game in the <'Ollllti<~ of
Chatham ami Bryan ...................................................... 211 To make JWnal tbhing in watl'rR of Irwin <otmt.\ ....... :l-G :)6~ :3!lS
nnw;J:.\.TIOXTo <ncourag<' immigration of ~kill<<I ptr,-<111~ ................... 1Li 124 To rcquir<' <llli!!rant ag<nts to pay 1ieew<........................1iJ!l 1i2
lNSCHAXCETo regulatl' til<' law of in~tmmet ............................ 110 123 1j;) To amen,: thl' law of Fire in~nran<t ........................ 1;{0 144 16!i To amend tht law of insnrall('<' ............................... 132 144 11<2
lXTOXIC.ATIN<: T.TQCOUSTo flllll'IHI an Aet prohihitin.~ ;;ah of in l'n!n:tlll founly ........ Ji !1.) To prohibit salt- of JH'ar llolly Spring' (']tnr('h, Ellwrt ounty :j{i 1'2lJ 11if3 iiZ To :1meml tlle liquor law a' to 'l'\\'igg-; eonnty ............ t:Jl 144 2;{{i To pmhihit tlu ,:ah of liqnor at Snwan<<' .................. l-lj 14!1 1!)4 'fo regulate the ~a1e of liquor~ in B11111~\'\'i(k ............. 1;)!) 173 ~3~ To prohibit the >-ak of liqnor n<'ar Bethel Chm!'h, in th<' eounty of wa,hington ................................................. 1.}() 1i2 204 To regulate tht ':th of liquor in I.i1wrty <mmty ......... 16i 1~2 1!14 To ameml an .\d prohibitin.l! the 'alto of liquor 1war Xew f.i!Jl'rty Church. ('atoo"a tounty .................................. 1!17 201i 22!t To rcgnl;t!<' thP sale of' liquor in \\'ilk<i< eolml.\'. ........ 216 21!l 2:H To prohibit the sale of liqnors in Hart connty ............ :!-!2 261 27-! To tlll't'!Hl an .\.d to ng:nl.ttc ,;al<of' lil)llOl'~ in Floy<l, Da<h aJHl Polk <'otmtic~ ................................................... ... :!;)!' :!liS To am<'IHI an .\<'1 to n.~nla\P ,:ak of' liqnor in Yilla Hifa '.'.)~ 21 j!) 2!1-l To ]ll'lnnt ;:air- of liqnor JH'ar J:ehoh til ( 'ilnnh, Elb!'rt <onnty 2!12 :306 :12;} :1:12 4!1S To prohibit sah- of liqnor 11!':11' Ennka ~Iii I", Elh('rt county ;;()".? :HtH :;nt
J
JUDmiE)IT~--
To limit til<' tim<' in \Yhi<-h th<'Y may he sl't asitlc ......... :J~ 104 llK

l:\LlEX TO SI:X.\TE Btr.J.,;.

573

Tt:HOHS .\~D .TCHY LA\rS-
To proted aTHl pnHrn tltP ri~ht of trial hy jury :~::~ !lfi 100 1~1 1:?,) 128
To ngnlatc pay of in \Yorth ounty ......................... :!6 105 109 To amend IIH' jnry lawH of tlH State . .. ................. :!6 104 :168 To rt'l!'lllat<' the pay of jurors for Lannn" omJty
1W 1~:l 1ilii 499 To anuwl till' jnry !:111' '"to forl'ihlt tntry and <letnin<r
lill 1-1-! 178
.J t:STICES l W TilE l'E.\.CE, Ert'-
To exten<l jmis<lidion in Cam<itn ronnt~ ........................... ii 101 To txtPJHl jnristlietion of to mi,<lt'lllt'llll<ll's in Putnam tounty
:?02 205

KlBBEt:.. ............................... :1 -1 ~t' :)7 HH 101 10~ 1:?1'1 1:ltJ l:l!J UO 141 14i'l J;j!) l(i!} 212 22:1 224 228
2ao 2il4 :241 24Q 266 278 a4; ar.2
:lH!I 40fl 111 412 426 434 444 445 451 502 !i20 ii4:l
K_:iilUIIT ............................................................................Btl 193

L

LEE, GE~. H. E.............. .

.. ........................... 112

LESTEH. ...................................... :::; !18 10::1 114 11;i 117 125 1:!8

J.IEXS--

148 16:1 l'iO l'i1 174 212 217 225
~:w ~aa 249 26'i 275 m; :!32 a47
:;uo 4:?:; 44i 431 50a m:o !i40

To ani!'JHI an Ad n~nlatin.!! Ill<' law of litn.; .................. il6f:~ 394

LOST P.\PEUSTo JH'oYi<k for tlwir ~nmmary t>:tahlishnH'nt ............... :18 104 19,;

LOTTEHYTo nJHal tlw C~tor.!.dll :--;tal< Lottt-ry ............. til lt'i ~3:! 249 26,) ~!lil 4!lS

LC\.\TIC .\SYLL')[-To fP~!Ulat.e ;Hlmision to ...................... ~11\ 21!1 :?iO ~.;-; :?6;i 2!}4

)1:\:'\l'.F:\C'ITHI:'W AXD :m:\I:\t~ CmlP.\.:1\IES-To ameml tht ehart.Pr of Lnmpkin Chest:\!<"' Flnmin~ au.-1 )l;nin)! rompan~ ........................................... 2!l <l4 11\l ~78

574

I:-.UEX TO SE:-.ATE BILLS.

T,J incorporate Pigeon Hoost Gold 1\Iining company

.

29 i4 117 507

To incorporate Chcstatec Quartz 1\lining Company. 2!) ~ 118 2i8

To incorporate Harper Sewing l\lachine Company.... lO:l. 14il 472

To incorporate the Dry Hollow 1tlining Compa.ny ......ll!i 123 16f>

To incorporate Dlue Ridge Mining Company .............1~11 \45 23l ,

To incorporate Fulton Cotton Spinning Company.1 71 1A7 ~10 47;.1

ro incorporate Atlanta City Brewing Company .........2!1 2\V) 311:1

To incorporate Fnlton1tlanufacturing Company ... 275 !32-l !I~ !iO':

To incorporate Atlanta GlaFs Plate Tns111anee Company
27A aoo ;J;-;t

To incorporate Gold 1\lountain Mining Company. 2!12 :32;1 B64. !>OB

To incorp01ate the Bihh Manufacturing Company ..... .'267 :'.05 863

MATTHEWS.......................................................................:!4 ~l2

.MATTOX ...................................................... W7 161-l 212 :lli8 4-lJ

McAFEE. oF Tm: B21> ................ 115 W1 14\l 1!):) 20\l :HR ~12 :121 41f)
;j()7 54;)

.McAFEE, Ol' THE 39TH ................................................212 21i4 321
McDAXIEL.. ..........................:r; 115 1!iH 169 :l2il i3ll2 B3t :!47 41:l
411l 451 477 479 4!12 52!1

llcDOXALD............................................................. Hl2 172 322

MEDICA I.-Legalizing acts of Ee!eetic Board of Physieiam!.. ........ a6 Wi 11~ To incorporate Atlanta Dental College ........1iliJ U5 236 248 29!> To prescribe medical fees in eusfs of inquest ............ 174 186 25!) To authorize Edward ,J. DeLagle to practice mcdieine in Liberty county............................................................. 868 :3!).1 44!
:MESRAGE8-ExECT'TIVE............... ll 28 31 39 94 110 111 114 122 17:-> 28\J 2!l1 :!!!) H47 WiO illit' ;l!JO 511 :it:J 54:~
)fE,':;SAClEH-HocSK .................. .4 <l8 39 !J!l 106 122 !261M 141 150 151l 174 17!) 181 183 184 18!i 201 202 213 221 235 251 279 286 294 :!11 323 327 334 349 365 375 383 391 404 407 412 418 421 42<1 414 445 4-17 450 45(l 462 473 480 483 493 498 500 503 510 f>14 521 531 53!) !)40 i>42
MINORS-To provide for making them parties to leg-al proceedingg 33 104 137 To punish persons f11mi~hing rleadly weapon~ to ..................... 9:;

hDEX TO SE~ATE BILLS.

575-

MORTGAGESRecord of on personalty...................................................33 96 To amend the law of foreclosurl' ...................................129 133

N
NEWBORN................................................................. 131 241 321
NtTISAKCE~
To define and abate..................................................... 35 103
0
O'DANIEL .............................................. 37 120 131 164 172 21!1 249 265 267 362 502
OHDIXARIESOf Troup county-estate of H. L. Banning...............102 108 166 Of Stewart county-to hire county convicts ..................104 195 To change time for holding Court for Terrell county... ll;) 123 165 To provide compensation for............................................128 To regulate returns of claims under Ordinaries executions ......138
OYSTERSTo protect planters of......................................275 305 320 499
p
PAYNE. .................... ,.........................102 125 129 140 148 154 155 159 197 204 278 292 492 502 540
PEAVY................................................ 37 102 169 199 258 285 332 333 346 348 449 492 512 513 528
l'NNITENTIA.HYTo provide for collection of debts due by lessee!' of convicts 37 105 108 To allow convicts worked on public roads........ . ............102 107
PETITIONS AND l'tlEMORIA.LSFrom the State Grange................................................. 107 114 From Joel Branham.........................................................107 From H. E. Lee Monumental Association..............................108 .Memorial of Citizens of Whitfield county...........................148 Memorial uf Convention of Crop Reporters... .. .............148 154 Memorial of People's Loan Association...............................169 Memorial of Georgia State Grange.......................................204. Memorial of Agricultural Convention..................................347 Petition of citizens of Screven county...........................174 204 Petition of citizens of Putnam county .................................266

h:DEX TO SEKATE BILLS.

PERRY. ..........................102 1Vi 1Hii 172 l!li 21:? 27S :J6H :)7fl 417
l'FBLIC PRIXTEH A:\D PnH,IC PHIXTIXGTo pro \"ide for publication of the law~ of the ~tat ... il7 lO:J 3:m To atlYimee i5,000 to Pnhlic- Printer .......................: ...........101

R

RAILROADS AXD CAXAL~-
To incorporate St. Mar~~ .Air Line H. H. Co .......... :Ja !l!i 117 472 To fadlitalc leg-al scnicc on H. H. Co,:. in ('trtain caf<ts
11i) 123 117 To <!dine tltate liability a,: to Brunswil'k H. H .......... 130 18i tail To inl'orporatc Toccoa and Tallulah H. H. Co .....1ifl 172 21!2 4i2 To l'l'!:(lllatc lax on railroad~ .................................202 205 2ii To nctnirc railroad compani<,: to ummrnc work within two
~'<ars ... ..................................................... 22a 24:l !!G7 ati:~ To anthorizl' pnr('hasl'r,: of railro:ub to organizt n.s corporation,:
27H 805 388 f,(IH To ineorporalt the ,\tlantic- ancl )!cxican c;u]f l'anal Company
267 ;)1):) HH4 iOH H<port on sale of :!llmon ,~,; Bmn,:wick H. H....................... .42fi Hf'port on IPilSt' of \Y. ,\: .\. H. H ....................................4i1

HEE~E ......................................... .4 1!7 il8 !);) 11.1 l:.W 1ll0 J:l1 W:l 172 17i 18;) 1!)8 204 21H 217 220 22i 24{1 2)S 20l 2!12 2!11! lliH iiH I :)!10 401i 110 411 411i 41i7 468 .-tfi!l 47i !iH4 ii07 iil1 !il-l ii42

HELIEF. l'HIYILEGE~ AXD EXE)fi'TIOXS--

To relieveR. X. Yarnell and suretil'~ ........................... 2!1 il4 !1!1 To r!'lic\c A. B. ,\:. Barnett Kerst ... ... .. .. . ............ :l:{ !l(i lHO 22:1 To nlicvc \Ym. H. Hulsey, fonmr :';oJieitor (~<'11C'ral. .. :li 104 2i-l To reliew officers and a:.rcnt~ of Geor)!:ia H. H. Co ...... ili 104 1:17 To relitYc .T. M. LiYing~ton and )[at hew Tncktr. ...... 102 1{1!:-l 1:!H To rclieyc .TotI Branham, Solicilor )[aeon ( 'ireuil ...... 1117 1~:) 1!l:l

To relieve F. W. William,: ..................................... 12H 1:l:l 22H

To rclien' Earne;;t Hor,ht, prattirlaw ................... 12!1 1:1:3 20!1 To relicvr .T. A., L. )[.and F. :'11. Hmls<r ...............liiO 14.) 21() To allow It C. )litchell & Co. Cl'rtain prhile~c' ........ 1:J9 14!1 Hl7 To rclic\c B. IL hey ami G. W. <'o<ly ...................171 1R7 2iili To nlitYc the S\ll'l'tics of Tho;;. E. :'Ire Hat .........112 1H7 2ii6 4iiO To rditvc Lewis F. Hix ......................................:!lfi 21!1 !lH:l l'o relien Shimucl Timmerman ............................ 241 21i0 :Jfi;J

To relil'\'t' Hayward Brookins................................27H flll6 :120 To rPlitv Enwst Y!'al.. ....................................... ......261 1)0;)

.
'

INDEX TO SENATE BILLS.

577

RESOLUTIONS-SENATE-
To appoint committee on organization.......... ... .. ...... ...... ...... 4 On Chaplain .. ... .. .. ... .. .. .. .. .. .. .. ... .. .. .. .. ... .. ... .. .. .... .. ...... .. .. .. 4 On Reporters........................ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... .. .. .. . . 4 On Journal of last Senate.............................. ...... ...... ...... ... 4 On Rules of Senate and Standing Committees........................ 4 On hours of meeting and adjourning................. .................. 4 On printing annual Executive Message........ ...... .. .... .... .... .... 28 On election of State Treasurer............................................. 30 On destruction of certain bonds........................................... 31 On certain coupons as credits to the late Treasurer ................ 34 On the condition of the Treasury.......................................114 On accepting invitation of Hon. J. E. Brown, for excursion.... 114 Inviting Col. W. K. Moore to a &eat on the floor .................. .i52 In r~lation to the insurrection of 1875.................................172 Resolution to appoint a Geological Committee...................... 174 Resolution appointing a Board of Visitors to the Asylum f(lr the
Deaf and Dumb...................................................... 175 208 Resolutions on coi)solidation of bills ............................... 191 Resolution relative to deficit in account of the late Treasurer...198 Resolution relative to correspondence bdween the State and
Henry Clews.................................................................230 Resolution to investigate charges published in Atlanta Herald
235 236 Resolution authorizing the Governor to make temporary loans.3!7 Resolution on supposed debts of United States to State of Georgia
377 531 Resolution limiting speeches .. .. ... .. ... .. .. .. .. .. ....................... .433 Resolution for relief of Planters Bank, Macon ..................... .475 Resolution adopting Report of Con:mittee on Lease of W. & A.
R. R .............................................. I ................... 502 512 Authorizing President of Senate to sign bills after adjournment
520 Appointing a committee to bring up. unfinished business........ 520 Thanks to Rev. J. P. Duncan, Cilaplain........................... 5ill In relation to hour of final adjournmc:nt ............................ 542 In relation to reporters of the press.............................. .. ... 543 Of thanks to Hons. John W. Murphy, M.T. Welburn, McCamy
and others.............................. .. .. .... .. . . ... .. ... .. . ... ... 54! Of thanks to Hon. Thob. J. Simmons, President ................. 544 Of thanks to Hon. R. E. Lester, President pro tem... ... ... ...... 544

""'-

RESOLUTIONS-HousE-

Authorize Governor to present banner to Clinch RifiPs. ... ... .. . 512 To advance $5,000 to Public Printer .................................. 101 Relative to sale of Foster Blodgett place. ..................169 530

37

...

I.

. ....

INDEX TO SENATE BILLS.

',Revision of Military Law.............................................530 540

..

Iri.-elation to lessees of W. and A. R. R .........................169 512

"'

,

Destruction of certain State bonds ............- ..... ..........:...... 530 Outrages of Revenue officers.....................................191 530

..

Hinton P. Wright, to publish laws.................................... 627



Charges in United States Senate ......................................... 867 Mexican soldiers-pensions asked .................................... 519

Prolongation of session ................................................. 444

'Attorney General-compromise ofji. fas. of the State..... ... 580

Debts due by United States to State of Georgia...............877 581

Deaf and Dumb Asylum ..............................................156 250

Academy for the Blind .................................................... 224



Prolonging session .......................................................... 532

..ROADS AND ROAD DUTY-

'To exempt certain persons from road duty................ 115 122 165

ROBINSON-...................................................................116 210

ltUTHERFORD- ............................................125 152 174 204 216

"

s

t

SUIMONS-MR. PRESIL>ENT .................. 131 148 210 267 292 406 545

SLAUGHTER............................................116 129 258 283 390 540

STATISTICS-

To provide for collection of statistics of exports and imports

130 211

STOCK LAWS-

To prohibit the grazing of cattle owned in North Carolina on

.

land)n the counties of Union and Towns.............. 116 123 226

To protect sheep in the 29th Senatorial District...129 133 233 297

To. protect sheep raising and for other purposes ........172 187 34'i

T

..

TAXES-

' .....

To provide for their better collection........................ 38 103 211

To provide for taxing Bank stock.................................... 37 104

To exempt certain persons from ............................115 123 163

TAX R:BCEIVERS AND COLLECTORS-

To consolidate the offices of in llacon county............... 29 34 95

To require Receivers of the counties of Pierce, Appling and

Wayne to receipt for land given in........... : ............37 104 109

To consolidate the offices of.. ......................38 103 109 1641711

To consolidate the offices of for Twiggs county

.

181 145 164 178 275

~ ..
.t:'\.

"'" I'

.1"~



INDEX TO SENATE BILLS.
THWEATT, PETERSON-

"
579 . " '

Authorizing him to sue the State......................:.......31105 164

TRAMMELL, Hon. N. L ....................... ... :: ........... 145 0 ;

TREASURY-STATETo better protect ............................................101 108 139 f71).

w

WILCOX.....................................................................116 180 493 0

.

WILSON.............................. 0 148 152 155 156 292 311 444 5 467 479530

WINN .......................................:38 98 102 114 127 128 147 148 153 155 168 198 212 257 265 278 322 391 433 467 492'502

"~
). Q

...