Journal of the Senate of the State of Georgia at the session of the General Assembly commenced at Atlanta, Ga., Nov. 6, 1878

JOU~NAL
OF THI<=
SENATE
OF THE
STATE oF GEORGIA
AT THE
SEssioN oF THE GENERAL AssEMBLY
CO~IMENn:D AT
ATLANTA, GA., Nov. 6, 1878.
ATLANTA, GA.:
.fAH. P. HAHHISON, STATE PRINTEH.. 1879.

JOURNAL.

SENATE CHAMBER, ATLANTA, GA., } November 6tlt, 1878, 10 o'clock a.m.

The Senate of Georgia met at IO o'clock a. m., this day,
in accordance with law, and was called to order by Hon. \Villiam A. Harris, Secretary, and the session opened with prayer by Rev. John Jones.

Upon the call of the roll the following Senators answered

to their names, to-wit-Messrs.

Boyd

Fain

Lester

Bower

Folks

Lumpkin

Bryan

Grantland

McDaniel

Cabaniss

Grimes

McLeod

Candler

Hamilton

Perry

Casey

ofthe 14th Preston

Clarke

Hamilton

Russell

Clements

of the 21st Simmons

of the 15th Harrison

Speer

Clements

Hawkins

Staten

of the 44th Head

Stephens

Clifton

Hodges

Tison of the 4th

Cumming

Holcombe

Tison of the 10th

Drake

Holton

Troutman

DuBose

Howell

Turner

Duncan

Hudson

Wellborn

4

JouR~AL OF THE SENATE

The following Senators elect took the oath prescribed by law, the same being administered by Hon. George T. Bartlett, to wit :

From the First District-Bon. Rufus E. Lester.

From the Second District-Ron. John H. Clifton.

From the Third District-Bon. G. J. Holton.

From the Fourth District-Bon. John M. Tison.

From the Fifth District-Bon. W. B. Folks.

From the Sixth District-Hon. J. W. Staten.

From the Sevmth District-Bon. J. P. Turner.

From the Eighth District-Bon. D. A. Russell.

From the Ninth District-Bon. E. C. Bower.

From the Tenth District-Ron. J. P. Tison.

From the Eleventh District-Bon. John T. Clark.

From the Twe!fth Di~trict-Hon. William Harrison.

From the Thirteenth District-Ron. John M. Hudson.

From the Fourteenth District-Ron. John J. Hamilton.

From the Fifteenth District-Hon. J. C. Clements.

From the Sixteenth District-Hon. Xeill McLeod.

From the Seventeenth District-Bon. H. H. Perry.

_From the Eighteenth District-Bon. ~eph B. Cum-

mmg.



From the Nineteenth District-Ron. John A. Stephens.

From the Twentieth District-Bon. Charles W. Du-

Bose.

From the Twenty-First District-Ron. A. S. Hamilton.

From the Twenty-Second District-Ron. T. B. Cabaniss.

From the T\\'enty-Third District-Bon. John F. Trout-

man. From the Twenty-Fourth District-Ron. Thomas W.

Grimes.

From the Twenty-Fifth Di~trict-Hon. J. C. Drake.

From the Twenty-Sixth District-Ron. Seaton Grant-

land.

?rom the Twenty-Seventh District-Hoh. Henry D.
McDaniel.
From the Twenty-Eighth District-Ron. Joseph W.
Preston.
From the Twenty-Ninth Distrid-Hon. H. K Casey.
From the Thirtieth District-Ron. Samuel Lumpkin. From the Thirty-First District-Ron. Frederick B. Hodges. From the Thirty-Second District-Ron. M. G. Boyd. From the Thirty-Third District-Ron. A. D. Candler. From the Thirty-Fourth District-Ron. George Bryan. From the Thirty-Fifth District-l-Ion. Evan P. Howell. From the Thirty-Sixth District--Hon. F. M. Duncan. From the Thirty-Seventh District--Ron. John A. Speer. From the Thirty-Eighth District-Ho;1. W. J. Head. From the Thirty-Ninth District-Hon. A. W. Holcombe.
From the Fortieth District-Ron C. J. Wellborn.
From the Forty-First District-Ron. W. H. Simmons. From the Forty-Second District-Ron. Samuel Hawkins. From :he Forty-Third District-l-Ion. J. C. Fain. From the Forty-Fourth District-Ron. J. C. Clements.
The Secretary announced that the next business in order was the election of a President, and that nominations for that position would be received.
Whereupon, Mr. McDaniel nominated the Hon. Rufus E. Lester, of the county of Chatham.
There being no other nomination the Secretary proceeded to call the roll, which being done, it <tppeared that the Hon. Rufus E. Lester had receiv:ed forty-two votes, the same being the entire vote of the Senate cast. He was therefore declared duly and unanimously elected President of the Senate.
On motion of Mr. Cumming, the Secretary appointed a

JouRNAL OF THE SENATE
committee of three to inform the President elect of his
election, and conduct him to the chair. Messrs. Cumming, Russell and Candler were appointed
as the committee. The President being conducted to the chair addressed
the Senate. The election of a Secretary was announced by the
President as the next business in order.
The Hon. C. J. Wellborn nominated the Hon. Wm. A.
Harris of the county of \Vorth, for that position.
There being no other nomination, the Secretary was instructed to proceed with the call of the roll, which resulted in forty-three votes-the entire vote of the Senate being cast in favor of the lion. \Vm. A. Harris, who was declared duly eleckd Secretary of the Senate.
Upon request of the President, the Secretary elect came forward, took the oath of office, and proceeded to the performance of its duties.
The Hon. H. H. Caba~iss , of the county of Monroe, was sworn in as Assistant Secretary of the Senate.
The Presic:ent announced the election of Doorkeeper as in order, when the following gentlemen were placed in nomination, to wit: L. J. Alred, Esq., of the county of Pickens; John B. Cumming, Esq., of the county of Bibb;
and J. S. Smith, Esq., of the county of Johnson.
Upon balloting for Doorkeeper the result of the same was as follows, to wit: On the first ballot, John B. Cumming, Esq., received sixteen votes; L. J. Alred, Esq., received eighteen votes, and J. S. Smith, Esq., received ten votes; twenty-three votes being necessary to elect anoth-
er ballot was ordered. On the second ballot, L. J. Alred,
Esq., received twenty-one votes; J. B. Cumming, Esq. ,received sixteen votes, and J. S. Smith, Esq., received seven

~OVEMB~R 6TH, ISJS.
votes. This being with the same result, there was no election, and ordered to ballot again.
The name of J. S. Smith, Esq., was withdrawn. Upon
casting up the third ballot the result was as follows, to
wit: L. J. Alred, Esq., received twenty-eight votes, and J. B. Cumming, Esq.. received fifteen votes.
L. J. Alred, Esq., having received a majority of the
votes cast, was declared by the President electeq Doorkeeper of the Senate.
The election of Messenger was ordered, and proceeded
with. The name of A. J. Cameron, Esq., of the county
of Telfair, was put in nomination. There being no other nomination, the. roll was called,
which resulted in forty-three votes-the entire vote of the
Senate being cast in favor of A. J. Cameron, Esq., who
was declared duly elected Messenger of the Senate. The following resolution was offered by .Mr. Harrison,
and unanimously adopted, to wit : Resolved, That a committee of three be appointed ro
confer with the ministers of the Gospel resident in Atlanta, and secure their gratuitous services as Chaplain, as they may deem most suitable from day to day.
The Senate then proceeded to the election of a President
protem. Whereupon, Mr. Harrison nominated the Hon. Evan P.
Howell of the county of Fulton. Upon the call of the roll, it appe1rec. that the Hon.
Evan P. Howell had received the entire vote cast, and was then.forc declared by the President to be duly elected President protem. of the Senate.
Mr. Cabaniss offered the following resolution, which was read and adopted, to wit :
Resolved, That the Senate hereby ado?t the rules of the last Senate for its government, and that the Secretary of

JOURNAL OF THE SENATE
State be instructed to fumish the Senate with one hundred copies each of the rules of the Senate, and list of the standing committees, as soon as said committees are appointed.
Mr. Wellborn offered the following resolution, which was read and adopted, to wit:
Resolved, That the Secretary inform the House of Representatives that the Senate is now organized, by the election of Hon. Rufus E. Lester, President; Hon. Evan P. Howell, President pro tem., and Hon. 'William A. Harris, Secretary.
On motion of Mr. Stephens, the drawing of seats was ordered by the President.
Mr. Hodges offered the following resolution, which was read and adopted, to wit:
Resolved, That the State Librarian be requested to furnish the Senate with seventy-five copies ofthe Constitution of the State.
Mr. Lumpkin offered the following resolution, which was read and adopted, to wit :
Resolved, That a committee of three be appointed by the President of the Senate to make such revision of the rules adopted for the government of the body, and to designate such additional standing committees as may be deemed necessary.
Mr. Bryan offered the following resolution, which was read and adopted, to wit:
Resolved, That the Doorkeeper of the Senate be, and he is hereby authorized, to appoint an assistant Doorkeeper for the gallery.
The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof: Mr. President :
The House of Representatives have organized by the

NovEMBER 6-rH, d~jS.
of ~ieetiori of the Hon. A. 0. Bacoh of the county Bibb,
as Speaker, and Hon. H. G. Turner of Brooks, as Speaker protem.; Henry R. Goetchius of the county of Muscogee, as Clerk; and B. H. Miller of the county of Hancock,
as Doorkeeper ; and J. R. Smith of the county of Coffee,
as Messenger, and are now ready to proceed with the business of the session, and I am instructed to inform theSeriate of the same.
Mr. Candler offered the following resolution, which was read and adopted, to wit:
Resolved, That the President of the Senate appoint a committee of two, to join a similar committee on the part of the House of Representatives, to wait on his Excellency, the Governor, and inform him that both branches of the General Assembly are organized, and ready to receive any communication he may desire to make.
In accordance with the same, the President appointed the following committee, to wit:
Messrs. Candler and Bower. The President appointed the following committee to confer with resident ministers of Atlanta, to secure their services as Chaplain of Senate, to wit : Messrs. Clarke, Hudson and Bryan. The President appointed the following committee on Rules of the Senate, to wit: Messrs. Lumpkin, Howell and Cumming. The following message was received from t:he House of Representatives, through Mr. Goetchius, the Clerk thereof. Mr. President : The House of Representatives have adopted the fot!ow_ ing resolution, to wit: Resolved, That the Speaker appoint a committee of three on the part of the House, to act in concert with a comniit-

tee on the part of the Senate, to wait on his Exceilenc}' the Governor, and inform him that both Houses of the General Assembly are organized, and ready to receive any communication he may ha,e to make-and have appointed as such committee on part of the House, Messrs. Mynatt, Gray and Burch; and I am instructed to inform the Senate of this action of the House forthwith.
Mr. Duncan offered the following resolution, which was taken up and read and adopted, to wit :
Resolved, That the hour of meeting of this body shall be 10 .J'clock a. m., and the hour of adjournment shall be 1 o'clock p. m., unless otherwise ordered.
Mr. Candler reported that the committee had waited on his Excellency the Governor, and he would send in his communication forthwith.
On motion of Mr. Duncan, the time for adjournment was extended one hour.
The Senate, on motion of Mr. Bower, adjourned untilxo o'clock a.m., to-morrow.

SENATE CHAMBER,

}

Thursday, November 7th, 1878, 10 o'clock a.m.

The Senate met pursuant to adjournment, the President

. in the Chair.
Prayerby the Hon. J. N. Hudson.

The roll was called, the following Senators answering to

their names, to wit :-Messrs.

Boyd

Folks

McLeod

Bower

Grantland

Perry

Bryan

Grimes

Preston

Cabaniss

Hamilton ofthe14thRussell

Candler

Hamilton of the 21stSimmons

NovEMBER JTH, rS7S.

tt

Casey

Harrison

Speer

Clarke

Hawkins

Staten

Clementsofthe 15thHead

Stephens

Clements ofthe 44thHodges

Tison of the 4th

Clifton

Holcombe

Tison of the 10th

Cumming

Holton

Troutman

Drake

H udsori

Turner

DuBose

Lumpkin

Welibom

Duncan

McDaniel

MR. PRESIDENT

The Journal was read and approved.

Mr. Lumpkin, Chairman of Special Committee on Rules,

moved to suspend the Rules to allow him to make a re-

port,. which was granted, and the report taken up and read

and adopted, as follows, to wit:

.!1-fr. Presidmt :

The Committee appointed to revise the Rules for the

government of the Senate, and designate such additional

standing committees as may be necessary, respectfully beg

to make the following changes, to wit:

First-By striking out the whole of Rule 8 ; which stri-

king, changes the numbers of the Rules following.

Second-That Rule 16 (new number) shall read as fol

lows, to wit: "When a question shall have been once de-

cided it shall be in order for any member to move for a re-

consideration thereof on next day of actual session of the

Senate, immediately after the reading of the Journal, and

notice of the intention to reconsider may be given at any

time after the action of the Senate and before the reading

of the Journal is finished."

Third-In .Rule 19 (new number) the following stand-

ing committees have been striken out, to wit: "On Manu-

factures, on Agricultural Bureau, and on New Counties and

County Lines;" and the following new standing commit-

tees have been added, to wit: "On Corporations, on Ge-

!2

JouRNAL OF THE SENATE

ological 13ureau, t)tt Rail Roads, and on Local and Special Bills."
Fourth-That Rule No. 23 (new number) shall read as follows, to wit:
"No debate shall be permitted upon any bill at the first reading, and the question shall be ''Shall this bill be committed or engrossed"? In cases where the report of a committee is favorable to the passage of a bill, the same shall be read the second time, and passed to a third reading without question. \Vhen the report of a committee is adverse to the passage of a bill, on the second reading thereof the question shall be on the report of the committee. If the report of the committee is agreed to, the bill shall be lost; but if the report of the committee is disagreed to, the bill shall be passed to a third reading, unless recommitted.

The following message was received from his Excellency the Governor, through Mr. Warren, his Secretary, to wit:
Mr. Pusz"dent : I am directed by his Excellency the Governor, to de-
liver to the Senate a message in writing, with accompanying documents, also a special communication.
The same was on motion, taken up and read, and 1s as follows, to wit :

ExEcuTivE DEPARTMENT,

}

Atlanta, Ga., November6, 1878.

To tlte General Assembly :

A grievous necessity has been imposed upon me to de-

mand at your hands a thorough investigation of my motives

and conduct, as the Executive of Georgia, in placing the

State's indorsement upon the bonds of the Northeastern

Railroad. This necessity has been created by widely cir-
culated slanders and innuendoes, vile and malignant, and

so m~ndacious and wicked as to make all comment and par-

aphrase upon them utterly futile. Nothing but a thorough

sifting of my every motive and act in regard to these bonds,

as far as human insight and judgment can reach these, can

satisfy aggrieved honor, or give such entire assurance to the

people of Georgia as they have a right to demand in the

premises. To a man who values his good name far more

than life, it would be an act of supremest injustice to deny

the most plenary vindication, rendered in the most august

and authoritative form known to the laws or to public opin-

ion. To the people of this great commonwealth it is of

the last consequence that they should know, beyond all

peradventure, that the man who fills, at their call, the

chief seat of authority is above reproach or suspicion.

My denunciations of an awful and stupenduousslander,

forged and uttered to dishonor me, will not be enough.

The General Assembly of this State, a co-ordinate power,

is appealed to for that justice which, while it will, I know

full well, exonerate me as a man, will also vindicate the

fair fame of Georgia, assailed by cruel slanders on her chief

Executive.

ALFRED H. COLQUITT.

ExECUTIYE DEPARTMENT,

}

Atlanta, Ga., 1Vtwember 5, 1878.

To tlze General Assembly: The circumstances attending the present assembling of
your body are so impressive and marked in their character as, in my judgment, to demand precedence over all other questions which I shall present in this message referring merely to our material condition and necessities.
The present year has been one of such afflictive experience in many sections of our land as to appal the heart an~ attract the sympathy of the civilized world.
The resistless pestilenee, baffling the utmost that man



}OURXAL OF THE SEXATE
could do, and leaving behind it the habiliments of woe in
thousands of households, has not touched one spot in all our borders. While our part has been that of the sympathizing friend and brother, we have been so blessed in our exemption from the awful visitation which we deplored for others that we should be filled with grateful acknowledgments. We have been spared from the desolating storms and inundations which have swept over other sections. Not one case of popular commotion has excited or alarmed us. The State has been blessed generally with such crops as leave no cause for complaint.
Our merchants and manufacturers have passed through the year with such rewards as should satisfy the moderate.
In review of all interests, and the fortune of every section of o~r State, we have very much to cheer and encourage us.
The depression which for years preceding this has s0 weighed us down is gradually giving way to the hopeful promise which rises up before us of a better day coming. Does it not become us to make forinal, as well as heartfelt, acknowledgment, for such a catalogue of signal benefits.
THE STATE Fl:\"Ai\"CES.
The cash balance in the Treasury, January 1st, 1877, was $564,283.33. The amount received from all sources into the Treasury during the year 1877, was $1,998,346.84, the details of which will appear by reference to the reports of the Treasurer and Comptroller-General, herewith submitted.
The disbursements during the year 1877 were $1,728,9 IO. So, leaving a cash balance in the Treasury of $833,719. 37 The objects of these disbursements are stated in the accompanying reports.
The public debt of the State on the 1st of January, 1878, was $Io,644,500, the annual interest on the same being

NOVE:\fBER 7TH, 1878.

IS

$719,135. Of the publ~c debt, $200,000 principal became payable, and was paid in 1878, and $Ioo,ooo was paid in 1877. In the year 1879 th~re will mature $300,000 of the public debt, for which provision must be made, as well as for the annual interest accruing of $708, I 35 ; the whole amount to be paid on the public debt, principal and interest, next year, being $1,008,135-
In consequence of the receipt of a considerable sum of money from unexpected sources, viz: $152,678.94 from the United States Government, on claim of the Western and Atlantic Railroad, and $25,000 income from the Macon and Brunswick Railroad, the temporary loan of the year 1876, of $3)0,000, was reduced to $200,000 in the year 1877. As the fiscal year begins the 1st of January and ends the 31st of De.cember, the full financial reports of the year 1878 are not ready, the present fiscal year not having expired. The Comptroller-General recommends that the fiscal year be changed from the present time, and made to run from October first to October first each year. I favor this recommendation, as under the new Constitution the General Assembly meets biennially on the first Wednesday in November, and the change is necessary in order for the General Assembly to have before it the reports of the year before its session.
The Treasurer, however, has made a supplemental report to the report of 1877, giving the financial operations of the nine months of the year 1878, to the 1st of October, which is herewith submitted. From this report it appears that the cash balance in the
Treasury January, 1878, was. . $833,719 37 Receipts during the nine months were . 612,080 35 And the disbursements . . . 1, ISO,OIO 04 Leaving a balance in the Treasury on the first
of October of. . $295,789 68

t6

JouR~AL OF THE SENATE

It is well to state the gratifying fact, as evincing the improved financial condition of the State, that for the first time in a number of years it has been unnecessary to make a temporary loan to meet the heavy summer payments upon the public debt that fall due before taxes begin to come in. In 1877, though the General Assembly
provided for a loan of Ssoo,ooo it was only necessary to borrow $200,000, while in 1878 no loan was made. As,
however, the expense of the Legislature is to be paid out of the incoming taxes, and as $300,000 will have to be paid on the principal of the public debt in 1879, a temporary loan will probably be necessary.
I shall be pardoned for a brief allusion to the general financ1al condition of our State. The facts of that condition show that no State in the Union is more solvent, or should have a stronger financial reputation than Georgia. Our public debt is but one twenty-third of our taxable property. The State has nearly ample assets in its two valuable railroads and other proper~y, if sold, to pay off the debt. There is a Constitutional prohibition against any further increase in our State indebtedness, while the annual income pays the expenses, and in addition liquidates >'early from two to three hundred thousand dollars of the public debt. This is a gratifying exhibit to all her citizens, and especially to the holders of Georgia securities who have the assurance that as the facts of the abundant financial resources of the State and its growing prosperity become known, their bonds will rise above even their present high value in the commercial world.

WILD LA::\DS.
In this financial connection it is proper to call your attention to the fact that the present wild land law needs some amendment. The Comptroller-General recommends that the present law, approved February 28th, 1874, be

NOVEMBER 'JTH, 1878.

11

amended so as to allo,..w the Comptroller to make up a list
of all unreturned wild lands and improved lands, and upon
these issue ft, jas. , and also, that section 89 I of the Code, requiring a transfer of wild land ft. jas. be amended so as to allow the State control of such ft. jas. Under the present law, by which the Comptroller issues ft. (as. on
lists of unreturned wild lands sent up by Receivers, and
the State is obliged to transfer the .ft. fas. to parties
applying, many errors are committed and injustice done.
The object to be served is such a moulding of the law as
will force the owners of wild lands to pay their legitimate
share of the burdens of taxation, and at the same time
avoid mistakes that work forfeiture of property upon indi-
viduals, or else put them to trouble and expense to correct
such mistakes. The matter is an important one, and I commend it to the General Assembly as urgently needing
careful attention.

A COLLECTED CLAIM.
During the year I8J7, a very timely payment into the State Treasury was received from an unexpected source. At the close of the war the United States Government was in possession of the Western and Atlantic Railroad, and when the road was turned over to the State the Federal Government sold the rolling stock to the State of Georgia for a certain amount of money, which our State paid, thus closing the tr.tnsaction. Col. Baugh was superintendent of the road at the time. Four years after, in 1869, Col. Baugh proposed to Governor Bullock to enter into an agreement to induce the United States Government to reopen the claim and refund to the State money alleged to have been in excess of the real value of the rolling stock sold and paid for. For eight years the claim was pressed, and success seemed impossible. The Quartermaster-Gen-
2

18

Jo-cRNAL O!" T~ SENATE

eral of the United States made a long and ?ecideq report against the claim. No less than ten attorneys were connected with the claim from first to last, and used en_ergy and expended time ar.d money upon what seemed to be a hopeless enterprise. Early in r877 the claim, however, was passed, and the ~.um of $rgg,o38.58 was paid by the United' States Government. The original agreement as to compensation betwe.:n Colonel Baugh and his partner, Gen. A. C. Garlington, an~ Governor Bullock, was that the State was tu pay a retainer of $3,000 to Baugh and Garlington, and a conditional fee of I 2 ~ per cent. of the amount recovered. Other attorneys were afterwards employed, and the cond tiona! fee was enlarged to a per cent. not to exceed 25 ;)er cent. of the amount recovered. The attorneys interested were, Col. Robert Baugh, Gen. A. C. Garlington, and Col. R. A. Alston, of A tlan~a. Ga.; the law firm of Jackson, Lawton & Basinger, of Savannah, Ga.; Col. J. C. Fain, of Gordon county, Ga.; and W. A. Prescott, Esq., and C. D. \Villard, Esq., of Washington, D. C. The 25 per cent. agreed upon was allowed the attorneys, the retainer of Sj,OOO being first deducted, and the balance, $I52,27:3.94 was paid into the treasury of the State. The only question to be considered in the allowance of fee to the attorneys for collecting the claim was whether the contract for conditional fee to be enlarged
from I 2 ~ per cent. to a sum not to exceed 2 5 per cent. of
the amount recovered was to be construed as giving them 25 per cent. or less. The evidence upon this point was, in my judgment, full and conclusive, that in case of recovery
the full amount o~ 2 5 per cent. was to be retained in case
of recovery, as the contingent fee.

THE STATE UNIVERSITY.
The condition of the State University of the College of

Agriculture and the Mechanic Arts, and of the North Georgia Agricultural College, is shown in the accompanying reports. The receipts for 1876-7, were $41,529.54, which with the balance on hand July 1, I8i6, made the revenue for the year $46, 518.8o. The disburesments were $34,886.44, leaving the balance on hand July, 1877, $11995 19, which, with scrip fund and tuition due, \Vould run the balance to $ 15,ooo. The amount of $I 5, ooo voted by the General Assembly to supplement the experimental and mechanical departments of the University has been received and judiciously used as far as expended.
For the year 1877-8 the receipts, not including the balance from the previous year, were $33,862.61, and the disbursements, including purchase of apparatus, were $382o6. 98, leaving a cash balance of $9,686. 79, belonging to the Library, Apparatus, Land Scrip and General Funds. The report gives Jetails of receipts and expenditures, and says that leaving out the expenditures for apparatus, the total debursements were $67.22 in excess of the total receipts, and including refunded tuition $990.70 less than the appropriation made in August, I 877.
The decline in the number of students, and in consequent income from tuition, caused the Board of Trustees to examine closely into the causes of such decline. There is no reason why this venerable and illustrious institution should fall into decadence, but on the contrary, very good ground for its increasing in usefulness and prosperity. The University has an able and full faculty, it is provided with $22,500 worth of apparatus for the instruction in science, it presents facilities for the education of our youth surpassed by no college in the country. In the increased number of pupils in attendance there is an indication of a more prosperous condition.
The plan of utilizing the public buildings in Milledgeville,

20

JouRNAL oF THE SENATE

by establishing in them a branch agricultural colJege, like the one at DahlonegCJ, is one that presents strong merits, and is respectfully brought to the consideration of the General Assembly. To show the value of the Dahlonega college, it may be st2.ted that the report of the President, submitted June 10. rB78, and approved by the Board for the scholastic year, shows that three hundred pupils received instruction in -che various departments of the institution at a total expense of the small sum of $4,440. If like favorable results can be reached by the ~stablishment of a similar institt,tion in the unoccupied public buildings at Milledgeville. it would be both a wise policy for the State and a grateful favor to the citizens of the old Capital.
THE LUNATIC ASYLUM.
The report of the Trustees of the Lunatic Asylum for the year 1877 is very satisfactory. The appropriation was $107,250. The balance on hand at the beginning of the year \vas $I, 965.36; expenses of the Asylum for the year were $8r,zso; leaving $26,000 of the amount appropriated undrawn from the Treasury.
The cost per c(lpita of maintaining the institution was $36.63 a day, against 37}.{ cents the year before. The number of patients was 673 at the close of the year against 605 the year before, being an increase of 68 in number. Accommodations were added during the year for about 136 additional patients, the capacity of the institution being enlarged to about "oo patients.
The death of n.. James F. Bozeman, for five years the
President of the Eoard of Trustees, during the year r87 was a loss to the In,;titution of a manager distinguished alike by a thorouf;h conception of the needs of the Asylum, superior exe.:uti:e management, and a Chri,.tian pub_ lie spirit.
For the ten months, beginning December I, 1877, and ex-

2t
tending to September 30, 1878, the Trmtees report the expenses $73,291.41 for an average of ;25 patients. On the Ist of Oc1:ober, 1878, the number of :)atients was 742. The expense per capita was $34.55 during the ten months. It will thus be seen that the manage1~1ent of the institution has been economical and efficient.
Of the amount appropriated by the General Assembly for the 22 months, from December 1, 1876, to October 1
' 1878, $40,625 has not been used and remains in the Treas-
ury. This large saving is due to the rigid economy used by the Board. The Trustees ask permi~>sion to use $25,ooo of this amount to enlarge the buildir.gs for the colored patients, and to finish a number of rooms in the main buildii,lg .that may be made available, and other improvements. The necessity of an enlargement of the negro buildings is represented to be pressing. The Trust<"es, after consultation with the Executive and Attorney~General, did not deem it proper to use the unexpended money appropriated for the maint~nance of the Asylum fer the construction of buildings, but preferred to ask the General Assembly for authority to so apply a portion of the undrawn appropriation.
The suggestion of the Trustees in this matter is in the spirit of humanity. The number of this unfortunate class of colored people is increasing yearly, aad the proper and humane care of them demands enlarged accommodations.
ACADEMY FOR THE BLIND.
The twenty-sixth annual report of the Trustees of the Georgia Academy for the Blind at Macon, for the year 1877, is herewith submitted. It shows the attendance of sixty-three pupils. The receipts for maintenance were $12,732.07, including balance of $33.D7 from the year 1876, and the expenditures were $1::.433.14. In addition
$I, 174 62 was expended for building a cistern.

jouRNAL OP THE SENATE
THE DEAF AND DUMB ASYLUM.
The institution for the Deaf and Dumb' at Cave Springs, is in excellent condition. The report of the Trustees covers the operations from July I, 1877, to June 30,. 1878. The pupils numbered 73, the largest number at one time being 71, and the average 65, or 25 more than the previous year. Of these 37 were males, and 36 females. The Asylum appears to have been managed economically. The Trustees urge that the Legislature make provision for completing the department for colored deaf mutes, and for increasing the accommodation for white mutes. The quarters are alleged to be inconvenient for the number of pupils now in the institution. There are said to be fully 300 deaf mutes in the State needing the benefits of this institution. The Trustees ask an increased appropriation for the sustenance of pupils.
THE COMMON SCirOOLS.
The report of the State School Commissioner shows an encouraging condition of the Public Schools in the State. In 1877 the attendance was 190,626; in 1876, 174,405; in 1875, 156,394, and in 1873, 83,677. These figures show the steady growth of the Common School system. In 1877 the attendance of white children was 126,962, and of colored children 61,664. The statistics for 1878 are not yet obtainable, as some of the schools are still in operation, and reports are not made until the close of the term. The State School Fund, including the Poll Tax, is about $300,000. The counties and cities raised by local taxation, under local laws, in 1877, the sum of $100,153.19, making the entire Free School Fund for that year about $400,000. The enumeration of the school population in 1878 shows 236,319 whites, and 197,125 colored; total, 433444This is a total increase over the enumeration of 1874 of
39,407; whites 17,586, colored 21,821.

Whiie there has been an increase in the school populalation, there has been a decrease in :he illiteracy in the State. In 1874 the number of perso11s between ten and eighteen unable to read was 106,444. of which the whites \vere 26,:; 52, and the colored 79.692. The returns for 1878 show a total of these illiterates of 85,630; whites 22.3i3; colored 63.307, showing a decrease of 20,614; whitcs4,229, colored 16,385. This is an encouraging result of the free school system.
The report recommends amendments of the school law, looking to an increased income for the support of the public schools. Your attention is respectfuJy called to the suggestions of the Commissioner.
DEPARTME:o<T OF AGRICULT\!RE.
The fourth annual report of the Commissioner of Agriculture for the year 1877, and the fifth annual report for the year 187g, are respectfully submitted. They present fully the work of this important departrrent, and show a valuable aggregate of result. The department has proven beneficial to the agricultural interests of the State, and has undoubtedly made the State reputation abroad for farming progress. The collection of farm statistics and planting experience has educated the farmer in improved methods of agriculture, in the use of labor-saving instruments, and in the general planting of better seeds. The inspection of fertilizers has saved a large amount,of money to the farmers, in the exclusion of inferior commercial manures from our markets. The railroad statistics of the sums spent for foreign provisions has shown the dependence upon other States and the large amount Sf cnt abroad for farm supplies. This information has stimulated the production of food crop5, to the great benefit of the State. During the last yeir the receipts for the State Treasury from the

'

.

JOURNAL OF THE SENATE

fees for the inspection of fertilizers under the new systen1 have not only paid the expenses of the Department of Agriculture, but left a very considerable balance in the Treasury. The gross amount from inspection in 1878 was $45,23577; expenses of inspection $11,150.30, leaving net balance of $34,085.47 Deducting from this $14,700, the cost of the Department of Agriculture, and there remains $19,385.47 in the Treasury of income for the State from this source. The reports contain a number of valuable matters that are commended to the careful consideration of the General Assembly.
GEOLOGICAL SURVEY.
The State Geologist has steadily progressed in the work of a survey of the State, covering the western third of the State, and nearly all north of the Chattahoochee river, embracing the main portion of the mineral territory. Maps have been completed of twenty-seven counties. The marl beds in fifty-two counties have been located, and analyses made of seventy-five marls, showing a great variety in character, as well as abundance in quantity. The measurements of water courses have been continued over nearly the whole State, especial attention having been given to the counties bordering on the Blue Ridge, on account of the immense value of these streams in working the gold mines. There are over four hundred stamps in operation in the forty gold mills in the State. A special collection of minerals, rocks and woods was sent and exhibited at the Paris Exposition.
ATTORNEY-GENERAL'S REPORT.
The Attorney-General embraces in his report the full operations in his department, from the first of January, 1877, to the present time. The litigation in which the State is interested, has been and is large, important and varied, and comprehends questions of legal difficulty as

NoVE\tRER 7tH. r87S.
well as of great pecuniary magnitude. The most important, perhaps, are the railroad tax cases, which involve over half a million dollars of money, and cover grave legal issues. These have been ably represented in the courts by Gen. Toombs and the Attorney-General. The attention of the General Assembly is directed to the suggestions of the Attorney-General in connection with these tax cases and other subjects.
THE PENITENTIARY.
The report of the Principal Keeper of the Penitentiary is full in its details.
There are now in the Penitentiary 1239 convicts. Since October, r866, the whole number of convicts received in the Penitentiary has been 3293, of which 265 were pardoned, 4o6 died, 555 escaped, and 828 discharged.
In 1878 were received 340, and in 1877, to October, 209
convicts. The report states that the lessees are faithfully endeavor-
ing to carry out their contracts with the State. The convicts are well treated in every respect. There has been a gratifying decrease in the deaths and escapes for 1878, the records showing one-third less in the number of deaths and two-thirds less in the number of escapes, thus evincing more careful attention to the comfort and health of the convicts, and greater watchfulness in guarding them.
The Principal Keeper recommends some amendments in the law, to which your attention is directed.
The receipts from the hire of convicts from January 1, 1877, to December 31st, were $14,100.47 The hire for 1878 will not be due until December 31st.
PARDONS.
In conformity with the new Constitution, I submit, in an accompanying document, a list of pardons granted by m~ since the new Constitution went into operation, with a

JouRNAL OF THE SENATR
~ta~en;ent of the grounds in each case for the exercise of
Executive clemency.
THE MACO~ AND BRUXSWICK RAILROAD.
This important work, now controlled by the State, de~~nds some decisive action by the Legislature. The direct pecuniary interest invol\'ed in this property is large, a,nd the incidental interests resulting from a wise and energetic management of its business, seem, to my mind, to prQmise incalculable benefit to that section penetrated by this road. It would be difficult to find a section which embraces a wider range of production, or which possesses such possibilities of profitable development. Favorable rates of transportation, and such general and permanent encouragement as a great line like the Macon & Brunswick road could give to industrial enterprise in all the territory within easy reach of it, would add largely to the value of such property, and thousands to our population. It will be for the Legislature to determine whether these desira_ ble results can be expected as reasonably while the State holds the road as property, as could be looked for if it was under the control of parties who were interested as private individuals.
Even under the State's fortunate ownership of railroad property, it is questionable if such ownership, under all consideration, is a wise policy. To my mind nothing is clearer than the wisdom of simplifying and restricting the duties and obligations of government. The great work to be accomplished by the State is the protection of life and property. Whenever the commonwealth attempts to act the part of a property-holder, entering into competit.ion with private individual enterprises, we may look for such complications, and increase of ex!Jenditure, and enlargement of State patronage, as will embarrass the success,
not ifit ci'oes threaten the purity of administration.

NovE~IBER 7Tlt, 1S7S.

us:, hefor:.; lt is a question of large import, which iS

bo

State soiution, how soon and on what terms should the

relinquish to the citizen all proprietorship in such property. It is a question that, to my mind, has long been s~ttl~d,
the that not a dollar should be drawn from the pocket o'(

tax, payer that could, with a wise economy, be lett there;

and that an interest-bearing debt is no benefit to any State that owes it, and the sooner a public debt is extinguisli~rl'.

when there are assets to pay it, the better it is for the

am public interest. Feeling and believing this, I

pr~

pared to advise a long lease, or the sale of the Macon &

Brunswick railroad, under such restrictions as will sec~re

the State against loss, and protect the citizens against. op-

pressive rates of transportation.
The report of the Commissioners of the Macon & Bruns-

wick road, herewith transmitted, shows that for the twen-

ty-two months, beginning December I, 1876, and ending

September 30, 1878, the total earnings were $631,911.79,

and the total expenses $554,352.47. leaving as net earn-

ings for that period the sum of $77,55932. OI this amount $65,000 has been paid into the State Treasury~
not Of the expenses, $37,03574, were paid on matters

chargeable to current expenses. This added to the. net

earnings would make the sum of $I I4, 594 96 over the actual cost of running the road. The road is in good con;. clition, and the limited motive power in fair order.

NORTH A:\'D SOUTH AND MEMPHIS BRANCH RAIL ROADS:
During the administration of Governor Smith, the North and South and the Memphis Branch Railroad companies; having failed to pay the interest upon their State indorsed bonds, said railroads, and all the property of said companies were seized and taken possession of by the Stale:
Under the discretion vested in the Governor by the' a2t
granting aid to said. companies, and in pursua.nce of'an'Ex-

JouRNAL OF ThE ~ENA~
ecutive order, of date July 26, 1877, the North and South railroad was sold in the city of Columbus, on the first Tuesday in September next thereafter, for the sum of forty thousand five hundred dollars. The purchaser at said sale failed to pay the amount of his bid, and having received an offer from Louis F. Garrard, and others of said city, to take 'said road and other property for the sum so bid at said sale, I deemed it for the best interest of the State to accept the same.
Accordingly a deed has been executed by the Governor on behalf of the State, conveying to the said Louis F. Garrard, and his associates, all the property and franchises of said North and South Railroad company. In consideration of said conveyance, the purchasers agree to pay to the State, on the first day of January, 18~4. the sum of forty thousand five hundred dollars, and also to pay to the Treasurer of Georgia, semi-annually, in advance, interest on said sum, at the rate of seven per cent. per annum, until said principal is paid. They further agree to expend, within twelve months from the date of said conveyance, the sum of twenty thousand dollars upon the extension and equipment of said road.
Under the terms of said deed the State holds a prior lien upon the property conveyed, and, also, upon all the property that may be added thereto, and expressly reserve the right to seize and resume possession thereof upon the f~ilure of said purchasers to pay the principal, or any part of said interest, within thirty days after the same may become due.
In accordance with said agreement, the sum of two thousand eight hundred and thirty-five dollars, interest on the amount of said purchase up to January I, 1879, has been paid into the State Treasury.
In pursuance of an Executive order issued June 6, 1877,

N'OYE:IIBER 7TH, 1878.
the property of the Memphis Branch Railroad company, except its franchise, road-bed, and the bridge across the Oostanoola river, was exposed for sale in the city of Rome, on the first Tuesday in August next thereafter, and was bid off by the Marietta and North Georgia Railroad company for the sum of nine thousand dollars. Said last named company being unable to pay the amount of said bid in cash, I consented, in bt:half of the State, that payment of said 'sum should be deferred until the first day of January, 1881, the company, in the meantime, paying interest thereon, annually, at the rate of seven per cent. per annum. Said sum of nine thousand dollars will be retained by the State from the proceeds of the hire of convicts for the year r88o, which proceeds have been annually loaned to said company by an act of the General Assembly approved February 24, 1877-
NORTHEASTERN RAILROAD.
In January of the present year I gave the State's endorsement upon the first mortgage bonds of the Northeastern railroad to the amount of $260,000, this being $6, 500. per mile for forty miles. By act of the General Assembly approved October 27, 1870, the State's guaranty was pledged to this road, upon the completion of each continuous twenty miles, to the amount of $I 5,000 per mile. The act of the General Assembly, approved February 25th, 1874, repealing the acts granting the right to such guarantees as this, excepted all cases where the right had vested. The same General Assembly that passed this repealing act, by express resolution, approved March 3, 1874, declares that the said repealing act did not apply to the Northeastern railroad, its right having vested. A board of skilled railroad commissioners, consisting of Job" H. Powers, John A. Grant and Charles B. Wallace, was
I
appointed by Governor Smith, on application of the rail-

JocR:s-Ar. OF THE SE~ATE

r~~--~!Efa~y, ,to inspect the road, and reported January
~' ]8J?' t~at _over forty miles of said road were completed,
e9~p~e.,r.l an~ in running order, and that the cost of said
road was $541,200, more than half of which amount was
th~,i~v~~tment of private capital. They also reported the
r;;3c:f f~e~ fr~~ legal incumbrances that would endanger th~s~c~,rity of the State.

"!pon my installation in office the company applied to

me for my endorsement of the bonds of the road, in con-

fo.rmity with the law. While the company presented a

strong case for endorsement, in view of the disasters con-

nected with similar enterprises where State aid was granted,

and of my own opposition to the policy of State aid, I used
ir~at c;leliberation in my action. I advised the company
to brip~ the subject before the General Assembly then in

session, but the session was too near its close to permit its

decisive action. In the repealing act of 1874, section

2, has this provision, viz: ' Should any of said compani~~ daim that they have a vested right to such aid, and

apply for the same to the Governor, any citizen of the S~te may interpose by bill to restrain the company, and

th_e question of whether said vested right exists shall be

fQ! the Courts to determine." I suggested to the compa-

ny to have the rights of the company tested under this

provision in the Courts, and in consequence a bill of in-

jiJnction was filed by William S. Morris to restrain the

cofllpany, the proceeding being instigated by the compa-

ny. The Attorney-General was instructed to ~upport the

injunction. The Supreme Court decided that it had no

iu!isdiction in the case, and referred the matter to the

Governor.

!

'

TJ;te subject thus finally falling to my decision, I gave it

thorough consideration. The statements of the officers
a~~ lea~.in~ members of the General Assembly of 1874,

that passed the State ~id repedling act, and t~e .,?e.~~~ tory resolution that the Northeastern Railroad w~ e~- ..t
cepted f~om the repeal, were obtained and ref~;re<;t t~ ~~:
They declared that it was the express and general intention of the Legislature not to apply the provisions of ~.ll~ repeal of State aid to the Northeastern railroad. Among those who thus wrote, were Hon. L. N. Trammell, President of the Senate; Hon. A. 0. Bacon, Speaker of the House; Hon. T. J. Simmons, Chairman of Finance Committee of the Senate; Hon. Geo. F. Pierce, Jr., Chairman of the House Judiciary Committee ; Hon. Geo. A. Mercer, protem. Chairman of the same Committee, and the Hon. Henry D. McDaniel, of the Finance Committee.In addition to this the opinions of some of the ablest lawyers were gi\'en to the Governor, notably among them Hon. Robert Toombs, Gen. A. R. Lawton, and ex-Chi<::f Justice Joseph E. Brown, arguing the endorsement of the bonds as a legal duty.
Even then, in the exercise of caution, I determined to defer action on the matter until the meeting of the present General Assembly, if it could be done without a serious sacrifice to the interests involved. It was represented to me that, upon the pledge of the endorsement of its bonds by the State, the company had incurred an indebtedness of $237,632.97 It was further exhibited to me by a transscript of the record of Clarke Superior Court, that this amotint of claims was already in suit against the road, and that judgment therefor would be entered up at the February Term, I 8;8, of said Court. I endeavored to impress upon the attorneys and officers o( the company that they must not look to the State for relief from their present embarrassment, but that they should, by negotiating a loan, or raising the money by some means, tide over their trouble until the Legislature could meet and consider the matter.

Jo~RNAL oF THE SEXATE
It was not until I had become fully satisfied that all hope of relief from other sources was abandoned, and that the whole property of the company would inevitably be sacrificed under the Sheriffs hammer, that I decided, within two weeks of the judgment term of the Court, to interfere.
I was satisfied that the faith of the State was pledged to the endorsement of the company's bonds, and becoming further satisfied that great and remediless injury would befall the company if such endorsement were longer withheld, my sense of official duty left me no alternative but to give it.
A.,; to the propriety of my conduct in this matter I invite the most rigid scrutiny of the General Assembly.
The road is doing well, and there is every prospect that it will meet its obligations and save the State from loss on account of the guaranty of its bonds, while it will contribute largely in developing a fine portion of the State.
In connection with this subject of State aid, it may be proper to say that application was made to me to ascertain whether the State's endorsement would be given to the bonds of the Griffin, Monticello and Madison railroad, and it was urged that its right had vested before the repeal of State aid. This road was not specially excepted by the General Assembly, nor was there any evidence that it intended to except this road, nor was it exposed to immediate hazard, as was the case with the Northeastern railroad. I therefore declined to give the State's guaranty, and advised the reference of the matter to the General Assembly.
CONCLUSION.
Upon a calm review of the condition of the State-her credit abroad-her resources-her wonderful productive power-the general salubrity of our climate-the almost limitless range of our valuable staples, and the energy, en-

terprise, admirable moral tone and intellectual balance of our people, we have the strongest reasons for our hope of a grand future for our beloved commonwealth. The path for us to tread is, to my mind, most distinctly indicated, and, if faithfully followed, will lead us inevitably to great happiness as a people, and controlling influence ainong the
States of the Union. Let our home tale.nt- and domestic
virtues be given with patriotic devotion, and ungrudgingly,
to the service of Georgia first, and as far as anything hu-.
man and contingent can be assured, we are' destined to be a rich, prosperous and powerful community.
ALFRED H. COLQUITT.
Mr. Speer offered the following resolution, which was !:aken up, read and adopted, to wit :
Resolved, That the President of the Senate and Speaker of the House of Representatives, appoint a joint committee, composed of two members from the Senate and three from the House, to investigate and ascertain from the records what officers are to be elected at the present session of the General Assembly under the Constitution of the State, and report thereon as early as practicable.
Mr. Cabaniss offered the following resolution, which was taken up, read and adopted, to wit:
Resolved, That the message of the Governor be referred to the appropriate committees, when appointed, and that five hundrc-:d copies be printed for the use of the Senate, Mr. Preston offered tbe following resolution, which was taken up, and read as follows, to wit:
Resolved, That in response to the special communicatioit of-His Excellency Governor A. H. Colquitt, on the subject of the endorsement by him of the bonds of the Northeastern railroad, a committee of five from the Senate, to act jointly with a committee of eight from the House of
3

jouRNAL oP THE SENATK
Representatives, be appointed to inveStigate the whole matter, and report their action to this body, and that the House be notified of the action of the Senate in the
~premises.
Mr. Harrison offered the following amendment to the said resolution, which was read, and the amendment together with the resolution, was adopted, to wit :
Resolved, That said committee be authorized to compel the attendance of persons, and send for papers conversant with, or relevant to, said endorsement.
Mr. Holcombe offered the following resolution, which was taken up, and read and adopted, to wit:
Resolved, That a special committee of five be appointed to take into consideration the propriety of reducing the number of the Judicial Circuits to sixteen in number, and equalizing the labors of the same.
In accordance with the reilolution of Mr. Speer on joint elections, the President appointed as the committee on the same the following, to wit :
Messrs. Speer and 'Grimes. . In accordance with the resolution of Mr. Preston, rela.. tive to investigating the Governor's endorsement of the bonds of the Northeastern railroad, the President appointed the following committee, to wit : Messrs. Prestort, Troutman, Casey, Tison ~f the 10th, and Mr. Hawkins. In accordance with the reso1ution of Mr. Holcombe, in regard to retfucing the number of Judicial Circuits, the President appointed the following committee, to wit: Messrs. Holcombe, Cumming, Boyd, Hodges, Russell. On motion of Mr.. Clements, the rules were susr;;nded, and the following bill was introduced and read the first time, which on motion was referred to a special committee of five, to be appointed by the President, to wit:,

By Mr. Clements-

A bill to prescribe the manner of publishing notice of

the intention to apply to the Legislature for the passage of

local and special bills.

.

In accordance with the same, the Presidentappointed as

the:: special committee on said bill, as follows, to ~it :

Messrs. Clements, Stephens, Wellborn, Cabaniss, Grant

land.

__,a.'e.

Under the suspension of the rules, the following bill

was introduced and read the first time, and referred to

a Committee of the Whole, to wit:

By Mr. Hodges-

A bill to regulate and restrict the rate of interest in this

State, and to make all titles to property growing out of

an usurious contract to evade the laws of this State void,

and for other purposes therein mentioned.

The Senate, on motion o$Mr. Holcombe; adjourned un-

til to-morrow, 10 o'clock a. m.

SENATE CHAMBER, } Friday, November 8, 1878, 10 o'clock a. m.

The Senate met pursuant to adjournment, the President

in the chair.

Prayer by the Rev. D. W. Gwinn.

The roll was called, the following Senators answering to

therr names, to wit-Messrs.

Boyd

Folks

McLeod

Bower

Grantland

Perry

Bryan

Grimes

Preston

Cabaniss

Hamilton ofthe 21stRussell

Candler

Harrison

Simmons

Casey

Hawkins

Speer

jouRNAL oF T~~ S~NAT~

Clarke

,, H e a d

Clementsofthe 15thHodges

'Clements ofthe44thHolcombe

Clifton

Holton

'Cumming

Hudson

Drake ' DuBose

Lester Lumpkin

Duncan

McDaniel

Fain

.Staten Stephens Tison of the 4th Tison of the 1oth Troutman Turner
'MR. PRESIDENT.

The J oumal was read and approved.
Mr. Casey moved that the committee on Reducing the Judicial Circuits be requested to make their report, and if not to state when they will be able to do so, which motion was carried. .. Mr. Holcombe, chairman ofcommittee o~ Reducing Judicial Circuits, reported that the committee have held no meeting as yet, but will do so this afternoon, when they will probably be able to determine how Lmg it will take to perform the work assigned them, but in his opinion it will be several days before they will be able to make their report.
Mr. Cumming offered the following resolution, which was read and adopted, to wit:
Resolved, That the joint committee, to whom was referred the special message of his Excellency, asking an investigation of his endorsement of the Bonds of the Northeastem railroad, be instructed to report, not only the conclusions at which it shall have arrived, but also the evidence on which the conclusions are based.
Mr. Troutman offered the following resolution, which was taken up and read, and adopted, as follows, to wit:
Resolved, That the select committee, appointed to investigate the matter referred to in the special mes5age of

the Governor, be authorized to employ a stenographer to.. take down the testimony of the witnesses sworn in. the, investigation, the compensation of such stenographer.. no~ to exceed five dollars per diem.
On motion,.the Senate took (recess_of half an hour, un-:.. til I I o'clock.
The hour of I I o'clock having arrived, the Senate resumed its-session.
The President ordered a call of the roll of the several districts for the introduction of newmatter.
Mr. Fain offered the following resolution, which was taken up and adopted, and ordered to be-transmitted forthwith to the House of Representatives, to wit:
Resolved, That the President of the Senat(and~Speaker of the House of Representatives appoint a joint commit tee, consisting of three from the Senate and five from the House of Representatives, to take into consideration~that portion of the Governor's message which refers to the lease or sale of the Macqn & Brunswick railroad,:and that such committee report to the General Assembly so soon as practicable, by bill or otherwise, looking to the best interest of the State.
In accordance with the said resolution, the President appointed the following committee, to wit:
Messrs. Fain, DuBose, Tison of the 4th.
The folowing bill was introduced on the call of the roll, and read the first time, and referred to the Committee on Corporations, to wit:
By Mr. Hodges-
4: bill ~o chan.ge the second paragraph of section 1676
of the Code of 1873, with reference to the mode of creating' corporations by the Courts of this State.
The following message was received from the House of

JouRNAL OF THx SENATK
Representatives, through Mr. Goetchius, the Clerk thereof, to wit: Mr. President:
The House of Representatives have concurred in the following resolution of the Senate, to wit :
A resolution '' To appoint a committee to investigate the endorsement of the bonds of the Northeastern railroad," and have appointed as such committee, on part of the House, to wit:
Messrs. Cox of Troup, Hammond, Humber, Wright, Hall, Northern, Fort and Gray.
The following bills were introduced and read the first
time, and referred to the Committee on the Judidary, to
wit: By Mr. LumpkinA bill to regulate the striking of juries in civil cases, and
in cases of misdemeanor in the Superior Courts of this State.
Also, a bill to allow persons against whom warrants are sued out as intruders, or as tenants holding over, three days within which to file counter affidavits to such warrants, and for othef" purposes.
Also, a bill to make it unlawful for the Clerk of the Supreme Court of this State to practice as an attorney in said Court.
By Mr. McDanielA bill to carry into effect article 9 of Constitution of 1877. By Mr. HudsonA bill to enforce paragraph Jst, section 9th, article 7th of the Constitution of 1877. By Mr. McDanielA bill to carry into effect paragraph 2, section 18, article 6 of the Constitution of 1877.

NOVEMBER 8TH, 1878.

39

Also, a bill to provide for the sale of railroads. Also, a bill to carry into effect paragraph 6, section 2, article I of the Constitution of 1877. By Mr. PrestonA bill to carry in to effect so much of article 1,. section 1, paragraph 1 of the Constitution of 1877, as relates to supplying artificial limbs to soldiers who lost limbs in the service of the Confederate States, and for other purposes,
Also, a bill to authorize appeals in the 1ustices' Courts
of this State ; to provide for the same, and for other purposes.
Also, a bill to authorize appeals from verdicts of juries and from confessions of judgments in the Superior Courts; to provide for the same, and for other purposes.
The following bill was introduced and read the first time, and referred to the Committee on Finance, to wit:
By Mr. SimmonsA bill to reduce and regulate the fees of Tax Receivers and Collectors in this State, and for other purposes. The following bills were introduced and read the first
time, and referred to the Committee on the 1udiciary, to
wit: By Mr. Speer-
A bill to provide for a 1udge to preside in cases where the 1udge of the circuit is disqualified.
Also, a bill to carry into effect paragraph 2, in section 7,
of the Constitution of the State, in relation to appeals and
jury trials in 1ustices' Courts.
Also, a bill to carry into effect the eighteenth section, paragraph 2 of the Constitution of this State, and to amend section 3907 of the Code, in relation to the selection of juries.
.By Mr. StephensA bill requiring the registering of all persons practicing dentistry in the State of Georgia.

40

jO~RNAL OF THE SENATE

Mr. Clements, chairman of Special Committee on bill to prescribe notice of intention to apply to the Legis lature for the passage of local bills, made a report, asking that the said bill should be adopted by substitute, and the following bill was read the second time, to wit :
A bill to prescribe the manner of giving notice of an in-
tention to apply to the Legislature for the passage oi local
and special bills. The following bill was read the second time, and referred
to the Committee on the Judiciary, to wit: A bill to regulate and restrict the rate of interest in this
State, and to make all titles to property grmving out of an usurious contract to evade the laws of this State void, and for other purposes.
The Senate, on motion of Mr. Bryan, adjourned until tomorrow, 10 o'clock a. m.

m.} SENATE CHAMBER,
Saturday, November 9, 1878, 10 o'clock a.

The Senate met pursuant to adjournment, the President

in the Chair.

Prayer by the Rev. H. H. Parks.

The roll was called, the following Senators answering to

their names, to wit-Messrs.

Boyd

Fain

McLeod

Bower

Folks

Perry

Bryan

Grimes

Preston

Cabaniss

Hamilton ofthe14thRussell

Candler

Hamilton of the21stSimmons

Clarke

Harrison

Speer

Clements of the I sthHawkins

Staten

Clemt;nts of the 44thHead

Stephens

NoVEMBER 9TH, 1878.

Clifton Cumming Drake DuBose Duncan

Hodges Holcombe Holton Hudson Lumpkin McDaniel

Tison of the 4th
Tison of the I oth
Troutman Turner Wellborn MR. PREsmENT.

The Journal was read, which was approved.
Mr. Lumpkin moved to reconsider so much of the Journal of yesterday as relates to the resolution asking the appointment of a stenographer to the investigating commi~tee of the sig-ning of the bonds of the Northeastern railroad, which was agreed to.
Mr. Bower offered the following resolution, which were read and adopted, t0 wit :
Resolved, That a committee of three be appointed to take into consideration the advisability of an early adjournment of this session of the General Assembly, with a view to meet again at some time in the year 1879, and that said committee make its report as early as practicable.
Mr. Preston offered the following resolutions, which was read and adopted, to wit:
Resolved, That a committee of three from the Senate, to co-operate with a similar committee of five from the House of Representatives, be appointed by the President to confer with the city authorities of Atlanta, with a view to ascertain with some degree of certainty, within what time it will be convenient for the city to begin the execution of the generous proposition made by it to the people of Georgia with reference to the location and construction of a State capitol, and that said committee do report the resu!t to this body.
Resolved, That the House be. n<>tified at once of the passage of this resolution.

42

JOUR..""AL OF THE SENATE

Mr. Turner offered the following resolution, which was read and adopted, to wit :
A resolution looking towards an adjournment of the General Assembly within thirty days.
Mr. Turner .moved to transmit the said resolution at once to the House of Representatives, which motion did not prevail.
Mr. Boyd offered the following resolution, which was read, to wit :
Resolved, That the committee appointed by the President on the reduction of Judicial Circuits be requested to confer and co-operate with a similar committee from the House of Representatives, that the report of the said committee be made at the earliest practicable time.
The resolution was not agreed to. Mr. Holcombe asked, that because of his physical disability, he be allowed to retain his seat when addressing the President, or on having the floor of the Senate for any purpose, whenever he felt unable to rise. On motion this request was agreed to.
The Senate took up, as the report of the Committee of the 'Whole, a bill to prescribe the manner of publishing notice of the intention to apply to the Legislature for the passage of local and special bills.
The special committee to whom it was referred, recommended its passage by substitute.
Mr. Duncan moved to amend the first section by adding as follows, to wit : '' By being published in the newspa pers in which the sheriff sales are published."
The report and amendment were agreed to.
The bill was read the third time and passed by the following vote-yeas, 38 ; nays, none.
In accordance with resolution of Mr. Bower, to consider

NovE~IBER 9TH, 18;8.
an early adjournment of the General Assembly, the President appointed the following committee, to wit :
Messrs. Bower, Hamilton of the 2 Ist, Holton. In accordance with resolution of Mr. Preston, to take into consideration the building of the capitol, the President appointed the following committee, to wit: Messrs. Preston, Hamilton of the 14th, Howell. On motion of Mr. McDaniel, which was agreed to, the President ordered the call of the roll of the several di~ tricts for the introduction of new matter. Mr. Candler offered the following resolution, which was on motion taken up, read and adopted, to wit: A resolution authorizing Hinton P. Wright to publish the public laws of the present session. The following bills were introduced on the call of the roll, and read the first time, and referred to the Committee on the Judiciary, to wit: By Mr. ClarkeA bill to repeal an act requiring Judgments to be recorded in county of defendant's residence. Also, a bill to amend Claim Laws. By Mr. CummingA bill to authorize the sale by common carriers of all goods unclaimed, and the deposit of the net proceeds in some bank. By Mr. HoltonA biU to carry into effect article zd, section 5th, of the Constitution uf this State. By Mr. CummingA bill to prescribe fees of Solicitors of County Courts, where the same are not prescribed by law. By Mr. LumpkinA bill to amend section 244 of the Code ot 1873, in re-lation to chargesof Judges of the Superior Courts to juries,

JouRNAL oF .THE SENATE.
sQ that the said Judges shall hereafter be required to give their charges to the jury in writing in all cases tried befor(t them, and for other purposes.
By Mr. RussellA bill to prescribe the manner of foreclosing certain chattel mortgages, and to confer jurisdiction on Justices of the Peace, and for other purposes. Also, a bill to prescribe for filling vacancy in the office of Governor. By Mr. SpeerA bill to facilitate the business of the courts, and prevent mistrials by juries in civil cases. Also, a bill to expedite business in the Courts of this State, and to effect as early as possible a reduction of the judicial circuits, and for other purposes. Also, a bill to amend section 274 of the Code of Georgia, in relation to the appointment of Receivers in certain cases, and cost and exp'enses.
By Mr. RussellA bill to amend section 3972 of Code of Georgia, in regard to Sheriff's sales.
By Mr. WellbornA bill to amend section 2967 of the Code 1873, by striking therefrom certain words.
a Also, a bill to provide for change of venue in civil
cases in the Superior Courts, and to carry into effect paragragh I, section 17, article 6 of the Constitution of Georgia.
The following message was received from the House of Representatives through Mr. Goetchius, the Clerk thereof, to wit: Mr. : Presti:lent :
Th~ House of Representatives have adopted the follow-

ing resolution, in which they respectfully ask the concurrence of the Senate, to wit':
A resolution relative to the adjournment of this General Assembly, and have appointed on part of the House the following committee, under said resolution, to wit:
Messrs. Smith of Oglethorpe, Crawford, Green of Baldwin, Pope, Dur-ree, Nisbet, Smith of Butts, Phinizy, Sheffield of Early, Walters.
The House has also concurred in the following resolution of the Senate, to wit:
A resolution instructing the committee of investigatioa of the endorsement of the bonds of the Northeastern raiL road to ''report their conclusions, as well as the evidence on which their conclusions are based."
.The following bill was introduced and read the first time, and referred to the Committee on Education, to wit:
.By Mr. Hudson.A bill to prescribe compensation of members of County Boards of Education. The following bill was introduced, and read the first .. time, and referred to the Committee on Finance, to wit: By Mr. HoltonA biil to regulate the manner of giving in wild lands for taxatiou, and the sale and redemption thereof, and for other purposes. On motion of Mr. Holcombe, the resolution from the House of Representatives was taken up and read, as follows, to wit: A resolution of the House of' Representatives lool;dng_ to an early adjournment of the General Assembly, witha view to meet again next year. The said resolution was concurred in by the Senate. Mr. Fain moved that the committee on the part of the Senate consist of five in number, whiCh was agreed to.

In accordance therewith the President appointed the following committee on said resolution, to wit:
Me5srs. Fain, Perry, Staten, Turner, Folks. On motion of Mr. Tison of the 4th, the Senate adjourned until 10 o'clock a. m., Monday next.

SENATE CHAMBER, } Monday, Novembe.K.I 1tk,. .1878.,. 10 o'clock a.m.

The Senate met pursuant to adjournment, the President

in the chair.

Prayer by the Rev. George McCauley.

Th(! roll was called, the following Senators answering to

their names, to wit-Messrs.

Boyd.

Folks

McLeod

Bower

Grantland

Perry

Bryan

Grimes

Preston

Cabaniss

Hamiltonofthe14thRussell

Casey

Hamilton of the21stSimmons

Clarke

Harrison

Speer

Clements ofthe15thHawkins

Staten

Clements of the44thHead

Stephens

Clifton

Hodges

Tison of tqe 4th

Cumming

Holcombe

Tison of the 10th

Drake

Holton

Troutman

DuBose

Rudson

Turner

Duncan

Lumpkin

Well born

Fain

McDaniel

MR. PRESIDENT

The Journal was read, which was approved.
..r.~r-. DuBose moved to reconsider so much of the Jour-
,$1 of yesterday as relates to the passage of a bill to pre

scribe the manner ot publishing notice of the intention to

apply to the Legislature for the passage of local and

special bills, which motion was agreed to.

NOVEMBER t TTH, 1878.

47

Mr. Holcombe, chairman of special committee, made a

report of said committee, on reducing judicial circuits,

both a majority and a minority report, as follows, to wit:

Mr. Presidmt:

It is the sense of the committee that there is nothing in

the Constitution requiring the present number of Judicial

Circuits to be reduced ; that it is also the sense of this

committee that it is inexpedient to reduce the number at

this time, and to ask that the committee be discharged

from the further consideration of the question of reduction,

hut be retained for the purpose of further considering the

equalization of the labor of the judges. And the commit-

tee recommend that if it be retained for the purpose indica-

ted, such action be taken by the Senate as will bring about

a co-operation of the committee with a similar committee

of the House.

(Signed)

CUMMING,

RUSSELL,

HODGES.

The following is the minority report of the said committee, which was read as follows, to wit :
,Mr. President:
The minority, consisting of the chairman and one other member of the committee, to wit: Holcombe .of the 39th District, and Boyd of the 2 3rd Distri.t, make the following minority report, that while there is nothing in the Constitution which makes it compulsory upon the General As~ sembly to reduce the number of the Judicial Circuits, it be. ing only an ordinance, having only the force of law as declared in the Constitution, and being in the power of the General Assembly either to reduce the number or increase if in their judgment it be necessary to do so, for the prompt discharge of the business of the country, yet it seems clear

JouttNAt o!t 'I'ti'E Si&An

to our minds that it was the sense of the Convention, or a

majority of the members of it, that the number of circuits

should be reduced to sixteen; and that the General As_

sembly, upon looking into the matter and finding it feasi-

ble, as we believe it is, would act in accordance with the

wishes of the people as expressed by their delegates assem-

bled in convention. We favor the reduction further, for

the reason that if you sum up the labor performed in the

circuits as now arranged into twenty, and get the whole

number of weeks work and divide that by sixteen, you will

find that, if equally distributed, you only give the Judge of

each circuit twenty-eight weeks in each year of actual

work; certainly not onerous or overburthensome labor

for twelve months services, for which he receives his salary.

And for the further reason, that before the war, in eight-

een hundred and sixty, we had but sixteen circuits, and no

complaint that they could not do the business of the coun-

try, with almost, or quite twice the amount of taxable pro-

perty in the State that there is now.

And further, we do not feel that it is right to tax them

now, in their impoverished con~ition, the large sum of

$9oo,ooo, to pay the expens.es of the Judges and Solicitors

that can be dispensed with.

(Signed.)

HOLCOMBE,

BOYD.

The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof, to wit:
Mr. Presidmt :
The House of Representatives have concurred in the following resolution of the Senate, to wit:
A resolution to appoint a committee to investigate the records to ascertain whatofficers are to be elected at the

NOVEMBER I ITH, 1878.

49

present session of the General Assembly, and have appointed as such committee on part of the House, Messrs. Polhill, Turner of Brooks, and Jones.
The following bills were introduced on the call of the roll, and read the first time, and referred to the Committee on the Judiciary, to wit :
By Mr. ClarkeA bill to repeal section 1677 of the Code of Georgia. Also, a bill to amend section 1779 of the Code of Georgia. Also, a bill to amend section 3854 of the Code of Georgia, concerning witnesses. Also, a bill for the better supplying the people with the laws of this State. Also, a bill to amend section 1832 of the Code of Georgia, relating to guardians and their wards. By Mr. FolksA bill prescribing the manner by which county lines may be changed. By Mr. LumpkinA bill to carry into effect the provisions of the Constitution of this State relating to juries and jurors, to amend the existing jury laws of said State, and f~r other purposes. By Mr. McDanielA bill to carry into effect paragraph 5, section 4, article 6 of the Constitution of 1877, in regard to powers of the Superior 'Courts in vacation. By Mr. SpeerA bill to regulate the advertisements of sales by sheriffs and administrators. The following bills were introduced on the call of the , roll and read the first time, and referred to the Committee -...._ on Finance, to wit:
4

50

JouRNAL oF THE SENATE

By Mr. Hamilton, of the 21stA bill to repeal an act to levy a tax for the support of the Government, etc. By Mr. McDanielA bill to~fix the fiscal year for the State, and to provide how and when the Message of His Excellency the Governor, and the Reports of the Comptroller-General and Treasurer shall be made. The following bill was read the first time, and referred to the Committee on the Judiciary, to wit: By Mr. SpeerA bill to repeal section 1954 of the Code, so far as it relates to mortgages on stocks of goods. Mr. Folks offered the following resolution, which was read and adopted, to wit : Resolved, That the Librarian furnish each member of the Senate with two copies of the laws and journals of the last Legislature for their use ; also, a copy of Code for use during the session. Mr. Hudson offered the following resolution, which was read as follows, to wit : Resolved, that the committee appointed to pros:;ure the gratuitous services of ministers to open the daily sessions of the Senate with prayer, be authorized to employ a Chaplain at a compensation to be fixed by the Senate, and not to exceed one hundred dollars for the session. The said resolution was not agreed to. Mr. Cumming moved to take up report~ of special com mittee on the reduction of Judicial Circuits, which was agreed to. Mr. Cumming moved to make the said reports the special order of to-morrow at 1I o'clock a. m., which was agreed to.
The fresicJent <!nnounced the appointment ()f ~he foUow-

NoVEMBER I ITH, 1878.

SI

ing Standing Committees of the Senate, which was read as follows, to wit :
Judzczary.-McDaniel, chairman; Clarke, Cumming, Harrison, Fain, Grimes, Russell, Bower, Head, Holton, Lumpkin, Preston, Perry, Speer, Wellborn, Stephens, Boyd.
Corporations. -Clarke, chairman ; Grantland, Clements of the 44th, Hawkins, Perry, Hudson, Cumming.
Local and Speczal Bills. -Clements of the 44th, chairman ; Boyd, DuBose, Duncan, Hawkins, Simmons, Bower.
Fzizance.-Cabaniss, chairman; Candler, Holcombe, Clifton, DuBose, Grantland, Hamilton of the 21st, Hawkins, McLeod, Simmons, Staten, Tison of the 4th, Troutman, Turner, Duncan.
Internal lmprovements.-Harrison, chairman; Holcombe, Simmons, Tison of the 10th, Hawkins, Staten, Clements ofthe 15th.
State of t!te Republt"c. - Cumming, chairman; Boyd, Head, Hodges, Holton, Speer, Stephens.
Educatzi:m.-Hudson, chairman; Bryan, Hamilton of the 14th, Boyd, Hodges, Grimes, Russell.
Banks.-DuBose, chairman; Grantland, Tison of the 4th, Casey, Bryan, Hamilton of the 21st, Turner.
Enrollment.-Russell, chairman; Wellborn, Bryan, Stephens, Clarke, Hodges, Hamilton of the 14th.
Privileges and."Elections.- Clifton, chairman'; _Candler, Drake, Casey, Folks.
Petitzons.-Hodges, chairman; Hudson, Clements of_ the I sth, Clifton, Head.
Lzmatzc Asylum.-Casey, chairman; Tison of th<_4th, DuBose, Speer, Simmons, Holton, Perry.
Penitentzary.-Turner, chairman; McLeod, Staten, Holcombe, Boyd, Duncan, Bryan.

JouRNAL oF THE SENATE

Publz''c Buildings.-Duncan, chairman; Drake, Howell,

Preston, Hamilton of the 21st, Casey, Holcombe.

Geologz'cal Bu1eau.-Candler, chairman; Hudson, Ham-

ilton of the 14th, Cumming, Holcombe, Head, Grimes.

Military.-Perry, chairn.an; Candler, Hamilton of the

21st, Harrison, Preston, Grantland, Cabaniss.

Pnnting.-Stephens, chairman; Folks, Clements of the

44th, Howell, Drake.

Deaf and Dumb Asylum.-Folks, chairman; Clifton,

Bower, Fain, Clements of the 15th, Duncan, Hamilton of

the 21st.

bzstitution for tlze Blz"nd.-Drake, chairman; Grantland,

Clarke, Troutman, Hawkins, Hodges, Clements of the

44th.

Agn'culture.-Troutman, chairman; Casey, Clements of

the Isth, Hudson, Hamilton of the 2 Ist, Tison of the 10th,

McLeod.

Auditing.-Fain, chairman; Howell, Hudson, Trout-

man, Grimes.

Engrosszng.-Simmons, chairman; Russell, Bryan, Steph-

ens, Hodges.

State Lzorary.-Bryan, chairman ; Wellborn, Preston,

Howell, Clarke, Stephens, Lumpkin.

Journals.-Head, chairman; Grimes, Hudson, Clifton,

Hamilton of the 14th.

'

Railroads.-Lumpkin, chairman; Holcombe, Howell,

Fain, Russell, Perry, Tison of the 10th.

Mr. DuBose moved to take up the reconsideration of

the Journal of Saturday, so far as relates to the passage of

the following bill, which motion was agreed to.

The Senate took up as the report of the Committee ofthe

Whole, to be reconsidered, a bill to prescribe the manner

of publishing notice of the intention to apply to the Legis-

lature for the passage of local and special bills.

NovEMBER liTH, 1878.

s3

Mr. DuBose offered the following amendment, to wit: After the word "to wit," in section 1st, "The title of the bill shall be published once in the newspaper in which the Sheriffs sales are advertised, and shall be posted at the door of the court house in the county or counties of the residence of the person or persons, natural or artificial, to be affected thereby, or in which the locality or municipality is situate, thirty days before the introduction of such bill in the House of Representatives." Mr. Hodges offered the following amendment, which was read, to wit: In section 1st, after the words "in the newspaper in which Sheriff sales of said county are advertised," the following be added : ''Or by written notice being posted at the court house door of the county, and the usual place of holding the justice's court for the District in which said corporation or local law is to operate, for thirty days." Mr. Clements offered the following amendment to section zd, to wit: ''And also a certificate, under seal, from the Clerk of the Superior Court of such county, of the fact and date of the posting of such bill at the court house door, as hereinafter required." Mr. Bower offered the following amendment, by adding an additional section, to wit : Section 4 Be it further enacted, That the production of such local acts in any of the courts of this State shall be conclusive evidence of the proper notice having been given and of the act having been properly passed. Mr. Clements offered the following amendment as fol" lows, to wit: ''Strike from the ninth line of the zd section the word ''bill," and insert in lieu thereof the word ''act."

jOURNAL OY THE SENATE
The amendment of Mr. Hodges was not agreed to. The amendment of Mr. DuBose was adopted. The amendment of Mr. Clements was adopted. The amendment of Mr. Bowers was adopted. The amendment of Mr. Clements was adopted.
On motion the question was put for the final passage of the bill, which was passed by a vote of yeas 36 and nays I.
The following resolution was offered by Mr. Hudson, which was read and adopted, to wit :
Resolved, That Charles Henry Smith and John Brown be appointed keepers of the water closets during the present session of the General Assembly, their pay to be fixed by the appropriation act.
Mr. Cabaniss moved that the said resolution be transmitted at once to the House of Representatives, which was agreed to.
The following bill was introduced, and read the first time, and referred to the Committee on the Judiciary, to wit:
By Mr. PrestonA bill to amend an act to require the payment of money arising from fines and forfeitures into the county treasury, and regulate the disbursement of the same, approved February 29th, 1876. On motion, Mr. Casey, the Senate adjourned until tomorrow morning, IO o'clock.

N'oVEMBER 12m, 1878.

55

SENATE CHAMBER, } Tuesday, November 12th, 1878, 10 o'clock a.m.
The Senate met pursuant to adjournment, the President in the chair.
Prayer by the Rev. J. H. Martin.

The roll was called, the following Senators answering to

their names, to wit-Messrs.

Boyd

Fain

Lumpkin

Bower

Folks

McDaniel

Bryan

Grantland

McLeod

Cabaniss

Grimes

Perry

Candler

Hamilton ofthe 14thPreston

Casey

Hamilton of the2 IstSimmons

Clarke

Harrison

Speer

Clements ofthe15thHawkins

Staten

Clements of the44thHead

Stephens

Clifton

Hodges

Tison of the 4th

Cumming

Holcombe

Tison of the 10th

Drake

Holton

Troutman

DuBose

Howell

Turner

Duncan

Hudson

MR. ~RESIDENT

The Journal ofyesterday was read, and approved.

The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof, to-wit:

Mr. President : The House of Representatives have concurred in the
following resolution of the Senate, to-wit:

A resolution "authorizing Hinton P. Wright to publish public acts of the General Assembly," and I am instructed to transmit the same to the Senate forthwith.

Also, a resolution ''to appoint a committee to confer

joURNAL OF THE SENAtt
with the city authorities of Atlanta in regard to the location and construction of a State Capitol," and have appointed as such committee on part of the House, Messrs. Yancy, Chisin, Hu"lber, Hall, Rankin and Mynatt.
Also, a resolution ''appointing a joint committee to take into consideration the lease or sale of the Macon and Brunswick railroad," and have appointed as such committee on part of the House, Messrs. Fort (chairman), Gar_ rard, Harris, Anderson of Pulaski, and Paine.
Mr. McDaniel, chairman of the Committee on the Judiciary, made a report which was read.
Mr. Hodges moved to disagree with so much of the report as relates to a bill on the subject of interest and usury ; and on motion the bill was read.
Mr. Perry mov~!d this bill be made the special order for to-morrow, at I I o'clock a. m.
Mr. Candler moved as a substitute, that this bill be made the special order for Thursday, i\ ovember 14th, at 10 o'clock a. m., and one hundred copies be printed for the use of the Senate, which was agreed to.
The Senate took up, as the report of the Committee of the Whole, a bill requiring the registering of all persons practicing Dentistry in the State of Georgia.
The Committee on the Judiciary recommended it do not pass.
The report was agreed to, and the bill was lost. Mr. Troutman asked leave to withdraw a resolution, relating to the appointment of a stenographer to the committee inquiring into the endorsement by the Governor of the bonds of the Northeastern railroad, which was agreed to. The following bills were introduced on the call of the roll, and read the first time, and referred to the Committee on the Judiciary, to wit :

NovEMBER t2TH, xS7S.

57

Tiy Mr. BryanA bill to amend section 456o of the Revised Code of Georgia of 1873, in relation to vagrants, their trial and punishment. Also, a bill to regulate tax returns on debts for the purchase of real estate.
By Mr. BowerA bill to amend the penal laws of Georgia, by making slander a crime, and prescribing a punishment therefor. Also, a bill to extend the modes of proving administration, by making certified copy Letters Testamentary and of Administration primary evidence. Also, a bill to make transfers by insolvent debtors, primia facia, void.
Also, a bill to throw restrictions around the reception of pauper affidavits in judiciill proceedings, and for other purposes.
By Mr. ClarkeA bill to allow certain levies of landlords to be foreclosed before due, in certain cases.
By Mr. CummingA bill to amend section 2558 of the Code of 1873, as to the sale of insolvent papers by administrators, and for other purposes.
By Mr. DuncanA bill to amend section 610 of the Code of Georgia, with regard to road duty. By Mr. McDanielA bill to make penal the failure of Tax Receivers in this State to require the proper oath required of tax payers, and agents of tax payers, to secure correct tax returns. Also, a bill to carry into effect paragraph I, section 17,

JouRNAL oF THE SENATE
article 6, of the Consti~u~:on of rS;;, so as '.:o provide for
change of venue in civil cases. Also, a bill to authorize creditors of any person making
a voluntary assignment to compel the assignee to give security to discharge his trust, and for other purposes.
By Mr. McLeodA bill to prescribe the amount of license for the sale of spirituous liquors in this State, to define ''spirituous liquors," and for other purposes. The following bill was introduced and read the first time, and referred to the Committee on Finance, to-wit: By Mr. CabanissA bill to prescribe the manner of allowing insolvent lists of Tax Collectors. The following bill was read the second time, to-wit : A bill to provide for a Judge to preside in cases when
the Juclge of the circuit is disqualified, a~d for other pur-
poses. On motion of Mr. Harrison, the Senate took a recess
until 1 I o'clock. The hour of I I o'clock having arrived, the Senate resum-
ed its session, and the President announced that the special order for to-day was the consideration of the report of the special committee, on the reduction of judicial circuits, which report (both majority and minority) was taken up and read.
Mr. Cumming mmed the adoption by the Senate of the report of the majority committee.
Pending the argument, the hour of adjournment having arrived, the Senate adjourned until to-morrow morning, ro o'clock.

59

SENATE CHAMBER, }
Wednesday, November 13, 1878, 10 o'clock a. m.

The Senate met pursuant to adjournment, the President

in the chair.

-

Prayer by the Rev. Dr. Gwinn.

The roll was called, and the following Senators answered

to their names, to wit-Messrs.

Boyd

Grimes

Preston

Bryan

Hamilton ofthe14thRussell

Cabaniss

Harrison

Simmons

Candler

Head

Speer

. Casey

Hodges

Staten

Clarke

Holcombe

Stephens

Clements of the 15thHolton

Tison of the 4th

Clements ofthe44thHowell

Tison of the 1oth

Cumming

Hudson

Troutman

Drake

Lumpkin

Turner

DuBose

McDaniel

Wellborn

Fain

McLeod

MR. PRESIDENT.

Grantland

Perry

On motion of Mr. Staten, leave of absence was granted

the Committee on the Deaf and Dumb Asylum.

The unfinished business of yesterday was resumed, to

w~t: The majority and minority reports of the committee

to whom was referred a resolution to reduce the number of

judicial circuits in this State, the pending question being

the motion of Mr. Holton to adopt the minority in lieu

of the majority report.

Mr. Tison of the 4th district, moved to lay both reports

on the table for the present, which motion did not prevail.

The question recurring on the motion to adopt the mi-

nority report in lieu of the majority, Mr. Holcombe requir-

ed the yeas and nays to be recorded.

6o

JouRNAL OF THE SENAT~

Th;:>.:;~ w!10 voted in the affirmative are, to wit-Messrs.

Boyd

Head

Candler

Holcombe

Clements ofthe 44thHolton

Drake

Lumpkin

Grimes

McLeod

Simmons Staten Tison of the 4th Turner Wellborn

Those who voted in the negative are, to wit-Messrs.

Bryan

Grantland

Perry

Cabaniss

Hamilton ofthe14thPreston

Casey

Harrison

Russell

Clarke

Hodges

Speer

Clements of the rsthHowell

Stephens

Cumming

Hudson

Tison of the 10th

DuBose

McDaniel

Troutman

Fain

Ayes, 15. Nays, 22.

So the motion to adopt the minority report in lieu of the

majority did not prevail.

The question recurred upon the motion to adopt the

majority report, and the motion prevailed.

The following message was received from His Excellency

the Governor, through Mr. A very, his Secretary, to wit :

Mr. President: I am directed by Hi.s Excellency the Governor, to de-
liver to the Senate a sealed communication, to which he respectfully invites the consideration of your honorable body in Executive session.
Mr. Cabaniss, chairman of the Committee on Finance, made a report which was read.
Mr. McDaniel, chairman of the Jndiciary Committee, made a report which was read.
Mr. Hudson offered the following resolution, which was taken up, read and agreed to, to wit :

NovEMBEH. 14TH, 1878.

61

Resolved, That the Hon. Philip Cook, member of Congress from the 3d Congressional district of Georgia, and other members of Congress, be invited to seats on the floor of the Senate during their stay in the city.
The bill ''to make it unlawful for the Clerk of the Supn:me Court of this State to practice as an attorney in said Court," was read the second time ; the report of the Judiciary Committee, which was adverse to its passage, was agreed to, and the bill, therefore, lost.
Mr. Cabanis<> gave notice of his intention to move an amendment of the Rules of the Senate, so as to allow the Assistant Secretary. to remain in the Chamber during Executive sessions.
On motion of Mr. Bryan, the Senate went into Executive session, and having spent some time therein returned to open session, and on motion adjourned until to-morrow morning, at 10 o'clock.

SENATE CHAMBER,

}

Thursday, November 14, 1878, 10 o'clock a. m.

The Senate met pursuant to adjournment, the President in the Chair.

Prayer by Rev. Dr. A. T. Spalding.

On a call of the roll the following Senators answered to

their names, to wit-Messrs.

Boyd

Fain

McDaniel

Bower

Folks

Perry

Bryan

Grimes

Preston

Cabaniss

Hamilton ofthe14thRussell

. Candler

Hamilton of the2 1stSimmons

Casey

Harrison

Speer

Clarke

Hawkins

Staten

62

JOURNAL OF THE SENATE

Clementsofthe 15thHead

Clements of the 44thHodges

Clifton

Holcombe

Cumming

Holton

Drake

Howell

DuBose

Hudson

Duncan

Lumpkin

Stephens Tison of the 4th Tison of the 10th Troutman Turner Wellborn
MR. PRESIDENT.

The Journal was read and approved.
On motion of Mr. Preston, leave of absence was granted the members of the committee to whom was referred the special message of His Excellency the Governor, in relation to the endorsement of bonds of the Northeastern railroad.
Leave was granted Mr. Duncan of the 36th district, and Mr. Folks of the 5th district, to have their votes recorded in the affirmative on the motion of yesterday to adopt the minority report of the Committee on Reduction of the Number of Judicial Circuits in this State, they having been absent on the Committee of the Deaf and Dumb Asylum, at the time the vote was recorded.
Mr. Russell, chairman of the Enrolling Committee, submitted the following report, to-wit

Mr. Presidntt : The Committee on Enrollment report as duly enrolled
and now ready for the signature of the President and Secretary of the Senate, the following resolution, to-wit :
A resolution authorizing Hinton P. \Vright to publish the public acts of the General Assembly.

Mr. McDaniel, chairman of the Judiciary Committee, made a report which was read, to wit:
The bill ''to amend secton 4560 of the Revised Code of Georgia, of 1873, in relation to vagrants, their trial and punishment," was read the second time ; the repol't of the

XovntBER 14TH, 1878
Judiciary Committee, which was adverse to its passage, was agreed to, and the bill, therefore, lost.
On a call of the roll for the introduction of new matter, the following bills were introduced, read the first time, and referred to the Committee on the Judiciary, to-wit:
By Mr. ClarkeA bill ''to amend section 3293 of the Code, concerning attachments for purchase money." Also, a bill ''to amend section 3962 of the Code, as to the county in which mortgages on realty shall be foreclos!i:d. '' Also, a bill ''to restore in the Code the true name of the writ whereby the judgment of the Supreme Court IS remitted to the Court below." Also, a bill 'to prescribe the manner of fixing the compensation of jurors in all the counties of this State." Also, a bill 'to exempt from taxation such property and persons as paragraph 2, of section 2, of article 7, of the Constitution, authorizes to be so exempted." By Mr. BowerA bill 'to relieve Confederate soldiers who lost a leg or an arm in the late war from special tax of State, County and Municipal Corporations." By Mr. HamiltonA bill "defining lobbying, and prescribing punishment for the same." By Mr. HodgesA bill "to amend section 4696 of the Code of 1873" By M!". McLeodA bill ''to create a Board of Commissioners of Roads, Public Buildings, Public Property and Finances of the county of Emanuel, and for other purposes. Mr. Hodges introduced a bill ''to carry into eftect paragraph !8, of section 7, of article 3 of the Constitution of

Jo~RXAL oF THE SENATE
1877," which was read the first time and referred to the Committee on Corporations.
Mr. Hudson introduced a bill ''to enforce section 4, article 8 of the Coustitution," which was read the first time and referred to the Committee on Education.
Mr. Preston introduced a bill ''to provide for the equal taxation of the citizen, and for other purposes," which was read the first time and referred to the Committee on Finance.
Mr. Wellborn offered a resolution "in relation to the destruction of useless papers in the office of the Secretary of State," which was on his motion referred to the Committee on the Judiciary.
Mr. Hodges offere-1 the following resolution, which was taken up, read and agreed to, "to-wit:
Resolved by the Senat~, that the Hon. Robt. Toombs, be invited to a seat in the Senate Chamber during his stay in the city.
The following message was received from the House of Representatives, through Mr. Goetchius,the Clerk thereof, to-wit:
Mr. President: The House of Representatives have refused to c~ncur
in the following resolution of the Senate, to-wit : A resolution appointing keepers of water closets.
The House has agreed to the following resolution, m which they ask the c.:mcurrence of the Senate, to-wit:
A resolution appointing a committee to investigate the \Vild Land sales of this State.
And the committee appointed on the part of the House are Messrs. Davis of Baker, Strickland and Mann.
On motion of Mr. Fain, the rules were suspended, and the joint resolutiou of the House of Representatives, "ap-

NoVEMBER 14TH, 1878.
pointing a committee to investigate the Wild Land sales of this State," was taken up, read and concurred in.
Mr. Speer, from the joint committee appointed to investigate and report what officers are .to be elected by the General Assemhly of 1878, submitted a majority and minority report, which were read.
The following bills were read the second time, and passed to a third reading, to-wit:
A bill "to regulate the striking of juries in civil cases and in cases of misdemeanor in the Superior Courts of this State."
A bill "to reduce and regulate the fees of Tax Receivers and Collectors in all the counties of this State, and for other purposes."
A bill "to repeal the 16th and 17th sections of an act to levy a tax for the support of the Government for the year 1877, and to provide for the collection of taxes due the State, and for other purposes therein mentioned, approved Feb. 21st, 1877."
A bill "to provide for the sale of railroads." A bill 'to fix the fiscal year for the State, and to provide how and when the message of his Excellency the Governor, and the reports of the Comptroller General and Treasurer shall be made." A bill "to allow persons against whom warrants are sued_out as intruders, or as tenants holding over, three days within which to file counter affidavits to such warrants, and for other purposes;" and A bill "to regulate the manner of giving in Wild Lands for taxation, and the sale and redemption thereof, and for other purposes." The special order for the day was taken up, to-wit: A bill ''to regulate and restrict the rate of interest in
s . this State, and to make all titles to property growing out

66

JouRNAL OF THE SENATE

of an usurious contract to evade the laws of this State, void, and for other purposes therein mentioned," the pending question being a motion to disagree to the report of the Committee on the Judiciary, which was adverse to the passage of the bill.
After discussion thereon, Mr. Harrison called the previous question, which the Senate refused to second.
Pending discussion of the motion to disagree to the report of the committee, the hour of adjournment arrived, and the President declared the Senate adjourned until to morrow morning, at 10 o'clock, Mr. Wellborn having the floor.

m.} SENATE CHAMBER,
Friday, November 15, 1878, 10 o'clock a.

The Senate met pursuant to adjournment, the President in the chair.

Prayer by Rev. Dr. A. G. Thomas.

On the call of the roll, the following Senators answered to their names, to-wit-Messrs.

Boyd

Folks

McLeod

Bower

Grantland

Perry

Bryan

Grimes

Preston

Cabaniss

Hamilton ofthe14thRussell

Candler

Hamilton of the2 1stSimmons

Casey

Harrison

Speer

Clarke

Hawkins

Staten

Clements of the I sthHead

Stephens

Clements of the44thHodges

Tison of the 4th

Clifton

Holcombe

Tison of the IOtq

NoVEMBER 15TH, 1878.

67

Cumming Drake DuBose Duncan Fain

Holton Howell Hudson Lumpkin McDaniel

Troutman Turner vVellborn MR. PRESIDENT

The Journal was read and approved.

Mr. Clarke moved a reconsideration of so much of the Journal of yesterday as relates to the concurrence of the Senate in the joint resolution of the House of Representatives, "appointing a committee to investigate the Wild Land sales of this State."
The motion to reconsider prevailed. On motion of Mr. Howell, the rules were suspended to allow the reference of the reconsidered matter to the Finance Committee, which reference was made. The Senate resumecf consideration of the unfinished business of yesterday, to-wit: A bill "to regulate the rate of interest in this State, and to make all titles to property, growing out of an usurious contract to evade the laws of this State, void, and for other purposes th~rein mentioned," the pending question being a motion to disagree to the report of the Committee on the Judiciary, which was adverse to the passage of the bill. Mr. Hodges moved that the bill be referred to the Committee on Finance, but the motion did not prevail. Mr. DuBose called for the previous question. The call was sustained, and the main question was put. On this Mr. Wellborn required that the yeas and nays be recorded.

Those who voted in the affirmative are, to wit-Messrs.

Boyd

Folks

Perry

Clements ofthe15thHamilton ofthezistSimmons

68

JouRNAL oF THE SENATE

Clements of the44th Hawkins

Clifton

Hodges

Duncan

Holcombe

Fain

McLeod

Staten Tison of the 10th Wellborn

Those who voted in the negative are, to wit-Messrs.

Bower Bryan Cabaniss Candler Casey Clarke Cumming DuBose
Ayes 17.

Grantland

Lumpkin

Grimes

McDaniel

Hamilton ofthe r4thPreston

Harrison

Russell

Head

Speer

Holton

Stephens

Howell

Tison of the 4th

Hudson

Troutman

Nays 24.

So the motion to disagree to the report of the Judiciary Committee did not prevail, and the bill was, therefore, lost.
Mr. McDaniel, chairman of the Judiciary Committee, made a report which was read.
On motion of J\'lr. Cabaniss the rules were suspended, when he offered the following resolution, which was taken up, read and agreed to, to-wit:
Resolved, That all regular reporters of newspapers be invited to seats on the floor of the Senate, during the present session.
;\fr. Hudson, chairman of the Committee on Education, made a report which was read.
Mr. Speer, from the special committee on the subject of officers to be elected by the General Assembly, submitted a supplemental report, which was read.
On motion of Mr. Lumpkin, the original and supplemental reports of the special committee to enquire and report what officers are to be elected by the General Assem-

NovEMBER IOH, 1878.
bly of 1878, were made the special order for 12 o'clock m., to-morrow.
Leave of absence was granted Mr. Duncan until Monday next, on important business.
Mr. Preston gave notice of his intention to move an amendment to rule No. 24 of the Senate.
The hour of adjournment having arrived, the President declared the Senate adjourned to 10 o'clock, to-morrow morning.

SENATE CHAMBER, } Saturday, November 16, 1878, 10 o'clock a. m.

The Senate met pursuant to adjournment, the President

in the chair.

Prayer by the Rev. Dr. Tucker.

On the call of the roll the following Senators answered

to their names, to-wit-Messrs.

Boyd

Grimes

Perry

Bower

Hamiltonof the 14thPreston

Bryan

Hamiltonofthe 21stRussell

Cabaniss

Harrison

Simmons

Candler

Hawkins

Speer

Casey

Head

Staten

Clarke

Hodges

Tison of the 4th

Clements of the44thHolcombe

Tison of the 10th

Cumming

Holton

Troutman

Drake

Hudson

Wellborn

Fain

Lumpkin

Ma. PRESIDENT.

Folks

McDaniel

Grantland

McLeod

The Journal was read and approved.

Mr. Hodges moved the reconsideration of so much of

JouRNAL OF THE SENATE
the Journal of yesterdq, as relates to the action of the Senate in agreeing to the report of the Judiciary Committee, on the bill to regulate and restrict the rate of interest in this State, etc., said report being adverse to the passage of the bill. The motion to reconsider did not prevail.
Mr. Cabaniss, chairman of the Committee on Finance, made a report which was read.
Mr. McDaniel, chairman of the Judiciary Committee, made a report which was read.
Mr. Bower, chairman of the special committee, on the subject of an early adjournment of the present General Assembly, made a report which was read, and is as follows, to-wit:
''The committee appointed to take into consideration an early adjournment of this session of the General Assembly, with a view to meet some time in the year 1879, make the following report:
''The committee recommend that the present session of the General Assembly take a recess on Saturday, the 30th November, 1878, or -earlier if found practicable, to meet again on the fourth Wednesday in January, 1879."
The bill ''to prescribe the amount ot license for the sale of spirituous liquors in this State, to define 'spirituous liquors,' and for other purposes," was read the second time. Pending a motion to disagree to the report of the Judiciary Committee, which was adverse to the passage of the bill, on motion of Mr. McLeod, the same was laid on the table, subject to hi5 call.
The bill ''to authorize appeals from verdicts of juries, and from confessions of judgments, in the Superior Courts, to provide for the same, and for other purposes," was read the second time. The Judiciary Committee, reported adversely to the passage of the same. On motion of Mr.

NovEMBER 16-rH, 1878.

71

Preston, the bill was made the special order for I 1 o'clock Wednesday, the 20th inst.
The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof, to-wit:
Mr. President: The House of Representatives have adopted the follow-
ing resolution, in which they ask the concurrence of the Senate, to wit :
A resolution "providing for the framing of joint rules," and I am instructed to transmit the same to the Senate forthwith, with the request from the House that the Senate concur therein.
The following bills were read the second time and passed to a third reading, to wit:
A bill "to prescribe the compensation of members of the County Boards of Education.''
A bill "to prescribe the manner of allowing insolvent lists of Tax Collectors."
A bill "to enforce paragraph I, section 9, article 7 of the Constitution.
A bill 'to amend section 1779 of the Code." A bill ''to provide for filling vacancies that may occur in the office of Governor." A bill ''to enforce section 4, article 8, of the Constitution." A bill ''to authorize appeals in Justices Courts of this State, to provide for the same, and for other purposes," and A bill ''to allow certain liens of landlords to be foreclosed before due in certain cases." The bill ''to carry into effect paragraph 5, section 4, of article 6, of the Constitution of I877, so as to

JouRNAL oF THE SENATE



enlarge the powers of Judges of the Superior Courts, was

read the second time. The report of the Committee on the

Judiciary, which was adverse to the passage of the bill,

was agreed to, dOd the bill, therefore, lost.

Mr. Harrison offered the following resolution which was

taken up and read, to wit:

Be t resolved by the Senate and House of Representati'ues,

That the two Houses of the General Assembly will assem-

ble in joint session, on Wednesday, the 2oth inst., at I I

o'clock a. m., for the purpose of electing Judges of the

Superior Courts, for the following circuits, and in the fol-

lowing order, for the term of four years, said term to begin

January I, 1879, to wit:

Ist-The Augusta Circuit.

2d-The P.ltaula Circuit.

3d-The Ocmulgee Circuit.

4th-The Flint Circuit.

5th-The Middle Circuit.

6th-The Brunswick Circuit.

7th-The Western Circuit.

And for a Judge of the Pataula Circuit, to fill the unex-

pired term, of Hon. W. D. Kiddoo, resigned.

Mr. Cabaniss offered the fo,llowing amendment, which

was received, to wit:

"And a Judge of the Flint Circuit, to fill the vacancy

occasioned by the resignation of Honorable John I.

Hall."

On motion of Mr. Clarke, the resolution was further

amended, by adding the following words :

"And Judges to fill such other vacancies as may then

appear by resolution to exist."

Mr. Holcombe moved to lay the resolution and

amendments received on the table. This motion did not

prevail.

Mr. Wellborn moved that the same be made the special order for 1 1 o'clock a. m., Monday, 18th inst. This motion did not prevail.
The resolution as amended was agreed to, and ordered to be transmitted forthwith to the House of Representatives.

The resolution of the House of Representatives, ''providing for the framing of joint rules for the General Assembly, was on motion, taken up, read and concurred m.
Mr. Clarke offered the following resolution, which was taken up, read and agreed to, to wit:
Resolved, That when notice of a motion to reconsider is given, on the day of the Senate's action on the matter referred to in the motion, the fact of such notice shall be entered on the Journal.

Mr. Lumpkin offered the following resolution which was taken up, read and agreed, to to-wit :
Resolved, That the President appoint a committee of three from the Senate, to act with the House Committee on rules, in framing and reporting rules for the government of the General Assembly in joint session.

The President announced a5 the Committee ori the part of the Senate under the foregoing resolution, Messrs. Lumpkin, Howell and Cumming.

Mr. Cabaniss offered the following amendment to the

rules of the Senate, after due notice thereof, which amend-

ment was ~greed to, to-wit :

.

"Amend rule 2, for the government of the Senate in

Executive Session, by striking out before the word 'Sec-

retary," the word "and," and adding after the said word,

the words "and Assistant Secretary," so tha:t the rule will

read, "When acting on Executive business, the Senate

74

JouRNAL o THE SENAT~

shall be cleared of all persons, except the Senators, the Secretary and Assistant Secretary."
Mr. Preston offered the following resolution which was taken up, read, agreed to, and ordered to be transmitted forthwith to the House of Representatives, to wit:

Resoh1ed, That when the General Assembly shall have

finished the election of the Judges, and other officers, they

shall proceed to the election of Solicitors General for the

Ocmulgee Circuit, to fill the vacancy caused by the res-

ignation of J. 'vV. Preston ; and for the Oconee Circuit, to

fill the-vacancy of Thomas Eason,whose term has expired,

and in the following order, to wit:

Ist~Oconee Circuit; zd-Ocmulgee Circuit.

Mr. Bryan offered the following resolution, which was read, a~d on mot!on of Mr. Russell, referred to the Com_

mittee on the State of the Republic, to wit:

''A resolution requesting the Senators and Representa-

tives of the present Congress of the United States, and

the said Senators and Representatives of the 46th Con-

gress, to use their influence and best exertions to procure

at as eady a date as possible a repeal of the Resumption

Act, and the National Bank Act, the substitution of legal

tender treasury notes fo~ the National Bank circulation,

making said legal tender currency, rec!!ivable for customs,

dues, and for other purposes."

.

On the call of the roll. for the introduction ot new mat-

ter the following Lills wer,; introduced, read the first time, and referred to the Committe~ on the Judiciary, to wit:

. By Mr. Bower---: A bill ''to define the crime of poisoning, and provide a
penalty therefor."

By Mr. BryanA bill ''to provide for the working of the public roads

NoVBmER. 16ni, iS7S

75

of this State by letting them out to the lowest bidder, pro.viding the means for the same, and for other purposes."
By Mr. CabanissA bill "to amend section 4570 of the Code of Georgia, so as to carry into effect paragraph I, section 5, article 2, of the Constitution of Georgia, relating to the sale, distribution and furnishing intoxicating drinks on days of elections." By Mr. ClarkeA bill ''to amend sections 3389 and 3390 of the Code, concerning the forms of actions ; and A bill "to amend section 3365 of the Code, and to prescribe conditions to the use of the fictitious forms of pleading in ejectment." By Mr. ClementsA bill "to prevent il!t:gal voting in elections in this State and to prescribe a penalty therefor.'' By Mr. HawkinsA bill "to regulate the manner of issuing executions by the Comptroller General against wild land for the collection of taxes, and for other purposes. " By Mr. SpeerA bill 'to provide for trials in the Superior Courts, by special juries, to be drawn from the Grand Jury." Mr. Holton introduced a bill ''to lease the Macon and Brunswick Railroad, and for other purposes therein mentioned," which was read the first time, and referred to the special committee on the Macon and Brunswick Railroad. The hour of I I o'clock a.m., having arrived, the special order for that hour was taken up, to wit: ''The reports, majority and minority, and supplemental of the joint special committee, appointed to ascertain and report what officers are to be elected by the General As. sembly of 1878."

Jou&NAL oF thx SENAT~
The majority report is as follows, to wit:
Mr. President : We the undersigned members of the joint committee,
appointed to ascertain and report what officers are to be elected by the present General Assembly, beg leave to make the follo\dng report, to wit :
"In our opinion, Judges of the Superior Courts are required by the Constitution to be elected for the. following circuits, to wit :
Augusta Circuit. Brunswick Circuit. Pataula Circuit. Flint Circuit. Ocmulgee Circuit. Middle Circuit. Southern Circuit. Western Circuit. Rome Circuit. Macon Circuit.
Their terms beginning on the first day of January next.
we are, also, of the opinion that a vacancy exists in
the Macon Circuit for the remainder of the term of the late Judge Hill; also a vacancy in the Atlanta Circuit for the remainder of the term of the late Judge Peeples ; also, a vacancy in the Southwestern Circuit for the remainder of the term of the late Judge Clark ; for all which vacancies elections are to be held."
''We are, also, of the opinion that an election is required for a Solicitor General of the Oconee Circuit for a full term, commencing January Ist, 1880, and also an

NovEMBER r6TH, 1878.

77

election for a Solicitor General of the Ocmulgee Circuit, to

fill the unexpired term of J. 'V. Preston, resigned."

(Signed.)

T. W. GRIMES, of the Senate,

]. H. POLHILL, of the House,

H. G. TURNER, of the House,

C. G. JANES, of the House.

The minority report is as follows, to wit :

''The undersigned members of a joint committee, appointed to ascertain from .the records, what officers are to be elected at the present session of the General Assembly, beg leave to make the following minority report, to-wit:

"] udges of the Superior Courts for the following circuits are to be elected," to wit:
Augusta Circuit. Brunswick Circuit. Flint Circuit. Pataula Circuit. Ocmulgee Circuit. Middle Circuit. Southern Circuit. Western Circuit. Rome Circuit. Macon Circuit.

The records show that the Judges of the first nine Circuits above mentioned, now have the oldest commissions.
In the case of the Macon Circuit, Judge Grice was appointed October the 3d, 1877, to fill a vacancy, after the adjournment of the Convention, and could not have been the incumbent referred to in the first part of the paragraph, section 3, article 6, of the Constitution. There being, therefore, a vacancy in this Circuit, it is included as one of the ten, ''or half as near as may be,'' for which an

JouRNAL oF THE SENATE,

election is to be held. Judge Crisp of the Southwestern, and Judge Hillyer of the Fulton Circuit, also, fill vacancies, with commissions dated June 26, and June 4th, 1877. They were in office at and before the Convention, and seem to have been recog-nized and confirmed as Judges under the words ''present incumbents," and other provisions of the Constitution.

In addition to the foregoing, there are also, ~two Solici-

tors General to be elected, one for the Ocmulgee Circuit,

and one for the Oconee Circuit.

(Signed.)

JOHN A. SPEER, of the Senate.

The following is the supplement to the majority report, to wit:

Mr. President :

We the undersigned memb~rs of the joint committee, appointed by the House and Senate, to ascertain what officers are to be elected by the present General Assembly, beg leave to submit the following supplemental report," to wit:

"In addition to the officers to be elected as stated in our previous report, we find a vacancy ex}sts in the Judgeship of the Flint Circuit, caused by the resignation of Judge John I. Hall, whose term would have expired on the first day of January next, and, in our opinion, an election IS necessary, under the Constitution, to fill the remainder of said term."

(Signed.)

T. W. GRIMES, of the Senate, J. H. POLHILL, of the House, H. G. TURNER, of the House, C. G. JANES, ofthe House.

NovEMBER t8TH, 1878.

79

Mr. Grimes offered the following as an amendment to the majority report, to wit:

"We submit the following additional-that it is our opinion that a vacancy exists in the Judgship of the Pataula Circuit, caused by the resignation of Judge Kiddoo, whose term would have expired on the first day of January next, and in our opinion, an election is necessary under the Constitution, to fill the remainder of said term."
(Signed.) T. W. GRIMES, of the Ser.ate, J. H. POLHILL, of the House, H. G. TURNER, of the House, C. G. JANES, of the House.

Mr. Cumming moved the adoption of the minority report. rending discussion thereon, the hour of adjournment arrived, Mr. Grimes having the floor, and the President declared the Senate adjourned until 10 o'clock, Monday morning.

~.} SENATE CHAMBER,
Monday, November 18, 1878, 10 o'clock a.

The Senate met pursuant to adjournment, the President in the Chair.

Prayer by Rev. George McCauley.

On the call of the roll the following Senators answered to

their names, to wit-Messrs.

Boyd

Folks

Perry

Bower

Grimes

Preston

Bryan

Hamilton ofthe14thRussell

Cabaniss

Hamilton of the2 1stSimmons

Candler

Hawkins

Speer

Casey

Head

Staten

8o

JouRNAL OF THE SENATE

Clarke

Hodges

Stephens

Clementsofthe 15thHolcombe

Tison of the 4th

Clements of the 44thHolton

Tison of the 1oth

Clifton

Howell

Troutman

Drake

Hudson

Turner

Duncan Fain

Lumpkin McDaniel

Wellborn
MR. PRESIDENT.

McLeod

The Journal was read and approved.

Mr. Wellborn offered the following resolution, which was taken up, read and agreed to, to wit:

Resolved, That Sir George Campbell, a member of the British Parliament, now on a visit to this country, be invited to a seat on the floor of the Senate during his stay in the city.

Leave of absence was granted Mr. Grantland on account of sickness ; also to Mr. Harrison for the same reason.

The unfinished business of Saturday was resumed,

to wit:

The several reports from the Joint Special Committee

appointed to enquire and report what officers are to be elec-

ted by the present General Assembly; the pending question

being the motion of Mr. Cumming to adopt the minority

report.

.

Mr. Speer offered the following as an amendment to the

minority report, to wit:

''1'hat the minority report be amended so as to bring on

elections to fill the following vacancies in the Pataula Circuit

to fill the unexpired term of Judge Kiddoo, resigned; in the

Macon Circuit, to fill the unexpired term of Judge Hill,

deceased; in W,e Fli11t Circuit, to fill the unexpired term of

Judge Hall, resigned; each of said terms to end January

I, 1879"

NOVEMBER 18TH, 1878~

81

Mr. Russell offered to amend the proposed amendment of Mr. Speer by the following, to wit :
''That no vacancy exists in the judgship of the Macon Circuit, because the present Judge of that circuit was an incumbent when the Constitution was adopted and ratified, and holds a junior commission to that of any other Judge in this State."
Mr. Candler offered the following as a substitute for the majority and minority reports, to wit:
Resolved, That Judges for the following circuits are to be elected by this General Assembly for the full term of four years from the first of January, 1879:
Augusta Circuit. Brunswick Circuit. Albany Circuit. Middle Circuit. Ocmulgee Circuit. Rome Circuit. Southern Circuit. Western Circuit.
And that an election is to be held in the Flint Circuit, to fill the unexpired term of John I. Hall resigned; and also, an election in said circuit for a full term of four years from the first of January, 1879.
Also, that an election is to be held, to fill the vacancy in the Pataula Circuit, occasioned by the resignation of Judge Kiddoo ; and an election for a Judge to fill the full term of four years, in said circuit, from the first of January, 1879.
Also, for Solicitor General for the Oconee Circuit, for the full term, commencing on the first of January, 1880; and a Solicitor General for the Ocmulgee Circuit to fill the
unexpired term of J. W. Preston, resigned."
6

JouRNAL oF THE SENATE

Mr. Holton called for the previous question, which was sustained, and the main question put, to wit :
First, The substitute offered by Mr. Candler for the majority and minority reports.
On the question of adopting the substitute, Mr. Howell required that the yeas and nays be recorded.
Those who voted in the affirmative are, to wit-Messrs.

Bower

Holcombe

Russell

Candler

Howell

Tison of the 1oth

DuBose

McDaniel

Troutman

MR. PRESIDENT.

Those who voted in the negative are, to wit-Messrs.

Boyd

Folks

McLeod

Bryan

Grimes

Perry

Cabaniss

Hamilton ofthe14thPreston

Casey

Hamilton ofthe2 1stSimmons

Clarke

Hawkins

Speer

Clements of the I sthHead

Staten

Clements ofthe 44thHodges

Stephens

Clifton

Holton

Tison of the 4th

Drake

Hudson

Turner

Fain

Lumpkin

Wellborn

Ayes, 10. Nays, 30.

So the subtitute was not adopted.

The vote was then taken on the proposed amendment of Mr. Speer to the minority report ; which amendment was received, and the question then recurred on the adoption of the minority report as amended.
The same was not adopted. The question recurring on the proposition to adopt the majority report, including the supplements thereto, as spread on the Journal of Saturday, th~ ~6th inst., the same was adopted.

NovEMBER 18TH, 1878.
Mr. Howell gave notice of his intention to move a reconsideration of the action of the Senate in adopting the foregoing majority report.
On the call of the roll for the introduction of new matter, the following bills were introduced, read the first time and referred to the Committee on the Judiciary, to wit:
By Mr. LumpkinA bill "to amend section 267 of the Code of 1873, which relates to dockets of the Superior Courts, and for other purposes;" and A bill ''to prevent the careless use of fire-arms in certain cases; to provide a punishment for the same, and for other purposes."
By Mr. DuBoseA bill "to prescribe a form of oath in pauper cases carried to the Supreme Court of this State."
By Mr. PrestonA bill ''to provide for the classification of convicts in this State, and for other purposes." By Mr. Tison of the 10th District. A bill ''to alter and amend the garnishment laws of this State." Mr. Holton offered the following resolution, which was taken up, read and agreed to, to wit: Resolved, That Mr. Hamilton of the 14th District, be added to the Committee on the Institution for the Bli .1d." On motion of Mr. Bryan, the Senate adjourned until 10 o'clock to-morrow morning.

JoURNAL OF THE SENATE



SENATE CHAMBER, }

Tuesday, November 19th, 1878, 10 o'clock a.m.

The Senate met pursuant to adjournment, the President

in the chair.

Prayer by Rev. H. H. Parks.

On the call of the roll the following Senators answered to

their names, to wit-Messrs.

Boyd

Folks

Perry

Bower

Grantland

Preston

Bryan

Grimes

Russell

Cabaniss

Hamilton of the 14thSimmons

Candler

Hamilton of the21stSpeer

Clarke

Head

Staten

Clements of the 15thHodges

Stephens

Clements of the44thHolcombe

Tison of the 4th

Clifton

Holton

Tison of the 10th

Cumming

Howell

Troutman

Drake

Hudson

Turner

DuBose

Lumpkin

Wellborn

Duncan

McDaniel

MR. PRESIDENT

Fain

McLeod

The Journal was read and approved.

Mr. Howell moved a reconsideration of so much of the Journal of yesterday as relates to the adoption by the Senate of the majo1ity report of the joint committee appointed to enquire and report what officers are to be elected by the present General Assembly. The motion to reconsider did not prevail.
The following message was received from his Excellency the Governor, through Mr. Avery, his Secretary, to wit: Mr. President.
I am directed by his Excellen:y 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. Cabaniss the Senate went into Executive Session on the foregoing message of his Excellency the Governor, and after some time spent therein returned to open session.
Mr. Lumpkin offered the following resolution, which was taken up, read and agreed to, to wit:
Resolved, that the Committe on Printing be and they are hereby instructed to prepare and report to the Senate a bill to carry into effect paragraph I, of section 17, of article 7 of the Constitution, so as to provide, by law, for letting the Public Printing to the lowest responsible bidder or bidders, after the expiration of the term of office of the present State Printer, as required by said Constitution.
Mr. Russell offered a resolution granting leave to H. J. Griffin to bring a suit against the State for damages, etc., which was read, and on motion referred to the Judiciary Committee.
The following message was received from his Excellency the Governor, through Mr. A very, his Secretary, to wit:
Mr. President: I am directed by his Excellency the Governor, to deliver
to the Senate a communication in writing, with an accompanying document.
On n1otion of Mr. Clements, the communication of his Excellency the Governor, referred to in the foregoing message, was taken up and read, the same being a submission of a report of the Hoard of Officers of Volunteers, appointed under the resolution of the General Assembly, approved February 25, 1876, to take into consideration that part of the Code which relates to the Volunteers, and to

86

JouRNAL OF THE SENATE

report a revision thereof, or a substitute therefor, together with a bill "to establish a Flag for the State of Georgia," submitted to the Governor by said Board of Officers.The message and report were, on motion, referred to the Committee on Military Affairs.
The Senate took up, as the report of the Committee of the Whole, a bill "to provide for the sale of Railroads."
The report 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 Fiscal Year for the State, and to provide how and when the message of his Excellency the Governor, and the reports of the Com{ltroller General and Treasurer shall be made.
The report was agreed to. The bill was read the third time and passed.
The bill''to repeal the 16th and 17th sectionsofanactto levy a tax for the support of the Government, etc., approved February 2I, I877," was, on motion of Mr. Hamilton of the 21st District, laid on the table subject to his call.
The Senate took up, as the report of the Committee of the Whole, a bill ''to reduce and regulate the fees ot Tax Receivers and Collectors in all the counties of this State, and for other purposes.''
For this bill a substitute was reported by the Committee on the Judiciary.
Mr. Cumming moved that one hundred copies of the proposed substitute be printed for the use of the Senate, and that the same be made the special order for I I o'clock a. m., Friday, the 22d inst. The motion prevailed.
On motion of Mr. Cabaniss the Senate took a recess until 12 m. this day.
At 12 meridian the Senate was called to order by the President, and proceeded to the election of a United States

NovEMBER 20TH, 1878

87

Senator, in conformity with the act of Congress, for the term commencing on the 4th of March, 1879, and ending the 4th of March, 1885.
Mr. Cumming placed in nomination for the position of United States Senator, for the aforesaid term, the Hon. J. B Gordon.
On the call of the roll, and the casting up of the vote, it appeared that the Honorable John B. Gordon had received 42 votes; the same being a majority of all the members elected to the Senate. Ihe result was so announced by the President, and ordered to be so recorded on the Journal.
On motion of Mr. Holton, the Senate adjourned until 10 o'clock a.m., to-morrow.

SENATE CHAMBER, } Wednesday, November 20, 1878, 10 o'clock a. m.

The Senate met pursuant to adjournment, the President

in the chair.

Prayer by the Rev. Dr. A. T. Spalding.

The roll was called, and the following Senators answered

to their names, to wit-Messrs.

Boyd

Folks

McLeod

Bower

Grantland

Perry

Bryan

Grimes

Preston

Cabaniss

Hamilton ofthe14thRussell

Candler

Hamiltonofthe 2 I stSimmons

Casey

Head

Speer

Clarke

Hodges

Staten

Clements ofthe44thHolcombe

Stephens

Clifton

Holton

Tison of the 4th

Cumming

Howell

Troutman

S8

JouRNAL oF THE SENATE

Drake

Hudson

Turner

DuBose

Lumpkin

Well born

Duncan

McDaniel

MR. PRESIDENT.

The Journal ofyesterday was read, and approved.

On motion of Mr. Preston, leave of absence was granted

the members of the committee appointed to enquire in re-

gard to the endorsement of the bonds of the Northeas';ern

Railroad, for the purpose of attending the morning ses-

sions of said committee.

Mr. McDaniel, chairman ofthe Committee on the Ju-

diciary, made a report on certain bills, which was read.

The following bills were read the second time and pass-

ed to the third reading, to wit:

A bill ''to authorize the sale, by common carriers, of all

goods unclaimed, and the deposit in bank of the net pro-

ceeds of sale, to await the claim of the owners, and for

other purposes. ''

A bill ''to repeal section I 677 of the Code, and in lieu

thereof provide for the granting and amending of charters

for schools, academies, colleges and churches."

A bill "to carry into effect so much of article I, section

I, of the Constitution of I 877, as relates to supplying ar-

tificial limbs to soldiers who lost limbs in the service of

the Confederate States ; to provide for the same, and for

other purposes."

A bill "to carry into effect article 2, section 5, of the

Constitution of this State."

A bill ''to alter and amend the garnishment laws of this

State.''

A bill ''to pre<>cribe the manner of foreclosing certain

chattel mortgages, and to confer jurisdicton on ] us-

tices of the Peace, and for other purposes;" and

A bill "to repeal an act requiring judgments to be re-

corded in the county of defendant's residence, etc."

NOVEMBER 20'tH, t87S.
The bill "to expedite business in the courts of this State, and to reduce as early as possible the number of ] udicial Circuits, as provided for by ordinance of the Convention, was read the second time; the report of the Judiciary Committee, which was adverse to the passage of tl-te bill, was agreed to, and the bill was, therefore, lost.
The following message was received from the House of Representatives, through Mr. Goetchius,the Clerk thereof, to-wit:
Mr. President:
The House have passed the following bill of the Senate, to-wit :
A bill ''to be entitled an act to prescribe the manner of giving notice of an intention to apply to the Legislature for the passage of Local and Special Bills, with amendments, in which they respectfully ask the concurrence of the Senate.
The following resolution was taken up and read, to wit:
Wltereas, The accumulation of election returns in the Secretary of State's office, during the last ten years, has become so large that it is necessary that the same be destroyed; therefore, be it
Resolved, That the Secretary of State, be, and he is hereby authorized to destroy, by burning or otherwise, all the election returns now on file in his office, of the election of all officers who have served out the time for which they were elected ; and be it further
Resoh,ed, That the Secretary of State, and his successors in office, be authorized to destroy, biennially, all returns of elections that are on file in his office, of those officials whose term of office have expired."
The ] udiciary Committee, to whom the same was refer-

red, reported in favor of amending, by striking out the words ''or otherwise," where they occur in the resolution, and by substituting the word ''quadrennially" for the word "biennially." The report of the Judiciary Committee was adopted, and the resolution as amended, agreed to.
The Senate, on motion, took up the amendments of the
' House of Representatives to the bill of the Senate, "To
prescribe the manner of giving notice of an intention to apply to the Legislature for the passage of local and special bills. Said amendments were concurred in with the exception of the following, in which the Senate refused to concur, to wit:
''That the provisions of this bill as to notice, shall apply only to those counties where a newspaper is published; in all other counties a notice posted at the Court House door shall be sufficient, and the certificate of the Ordinary of said county shall be sufficient evidence of the fact."
The Senate took up, as the report of the Committee of the Whole, the bill "To provide for a Judge to preside in cases where the Judge of the Circuit is disqualified, etc."
To this bill the Judiciary Committee recommended the following amendments, to wit :
Amend caption by inserting "A Bill to be entitled," and by inserting after the word "nine," in the the caption "article 6." Also, by striking from the caption the word "seven," and inserting the word "four."
After the word "presiding," in the I sth line, Ist section, insert the words in "any civil case."
Amend 1st section further, by striking from the 20th line the words "practicing in the Court," and inserting in lieu thereof the words ''of this State."
Amend 2d section, by striking from the 28th line thereof the words "all cases aforesaid," and inserting "all such cases." Also, amend the 2d section, by striking out

the words "practicing in that Court," and inserting "of this State."
Mr. Hodges moved to amend the 2d section, by adding after the word "Cle:rk," the words "Sheriff and Ordinary."
Mr. Russell offered as a substitute for the bill and proposed amendments, a bill "To organize Judicial Divisions throughout the State, to equalize the business and labor of the Judges of the several Circuits, and to otherwise improve the Judicial system of this State."
On motion of Mr. McDaniel the bill, with the propo~ed amend~ents and substitute, was laid on the table for the present.
The Senate took up, as the report of the Committee of the "Whole, the bill "To allow persons against whom warrants are sued out as intruders, or as tena,nts holding over, three days within which to file counter affidavits to such warrants, and for other purposes."
The report was agreed to. The bill was read the third time, and passed by the requisite constitutional majority.
The Senate took up, as the report of the Committee of the Whole, ~he bill "To regulate the striking of juries in civil cases, and in cases of misdemeanor, in the Superior Courts of this State."
The report was agreed to. The Bill was read the third time and passed by the requisite constitutional majority.
Mr. Lumpkin, chairman of the Committee on the part of the Senate to prepare and report rules for the government of the General Assembly, in joint session, made the following report, to wit:
The same was amended, on motion of Mr. Cumming, by adding at the end of the first rule, the words ''except where provided by law."
The rules as amended, were adopted, one hundred copies

jouRNAL oF THE SENAT~
ordered to be printed for the use of the Senate, and the
same ordered to be transmitted to the House of Representatives forthwith.
The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof: Mr. Presidmt :
The House of Representatives have adopted the rules reported by the joint committee of the two Houses for the government of the General Assembly when in joint sessiOn.
The Senate took up, as the report of the Committee of the Whole, a bill to provide for the filling of vacancies that may occur in the office of Governor.
The Judiciary Committee proposed to amend the same, by substituting the word "fifteen" for the word "five" in the last clause of the first section, so as to require the extra session to be convened in fifteen, instead of five days from the date of the special election. Also, by adding the following as a proviso to the first section, to wit :
"Provided, nevertheless that if such vacancy occurs within six months next preceding the time prescribed by law for the regular election for Governor, there shall be no special election, but the President of the Senate, or Speaker of the House of Representatives, as the case may be, shall exercise the Executive powers of the Government until such vacancy is filled by a regular election."
Also, to amend by adding section 2d, in the form of an ordinary repealing clause.
The amendments proposed were received. The report, as amended, was agreed to. The bill was read the third time and passed as amended, by the regular constitutional majority, there being 24 ayes, and 1 nay. The Senate took up, as the report of the Committee of

NOVEMBER 20TH, 1878.

93

the Whole, the bill ''to allow certain liens of landlords to be foreclosed before due, in certain cases."
The report was agreed to. The bill was read the third time and passed by the requisite constitutional majority, there being ayes 25, nays 2.
The Senate took up, as the report of the Committee of the Whole, the bill ''to prescribe the manner of allowing Insolvent Lists of Tax Collectors."
The Committee on Finance recommended the following as a substitute for section 3, of the original bill, to wit:
''.Section 3, Be t"t furt!ter macted, etc. That before any officer named in this section shall allow any insolver.t list, the officer in whose hands the tax fi. fas. have been placed for collection shall make oath that he has made every effort in his power to collect the same, and that he verily believes the tax payers on said list have no property out of which the tax can be collected." The proposed amendment of the Finance Committee was received. The report as amended was agreed to. The bill was read the third time and passed as amended, by the requisite constitutional majority, there being ayes 28, and nays o.
The Senate took up, as the report of the Committee of the Whole, the bill "to prescribe the compensation of members of County Boards of Education."
Mr. Holcombe proposed to amend the same by inserting after the words ''County Board of Education," the words "and County School Commissioners ; " which amendment was not received.
The report was agreed to. The bill was read the third time and lost.
The following message was received from the House of Representatives, through Mr. Geotchius, the Clerk thereof, to wit :

94

JouRNAL OF THE SENATE

Mr. President : I am directed by the House of Representatives to in-
form the Senate that at 12 o'clockm. ofthisday, the House will be ready to receive the Senate in the Hall of the House of Representatives for the purpose of consolidating and declaring, as required by law, the vote of the respective Houses for a United States Senator for the term beginning March 4th, 1879.
The hour of 12 o'clock meridian, having arrived, the Senators, in a body, repaired to the Hall of Representatives, where they were received.
The President of the Senate called the General Assembly to order, and announced the business for which the two houses had assembled in joint session, to wit:
"The publication and consolidation of the vote cast on yesterday by the Senate and House of Representatives, respectively, for a United States Senator, whose term of office commences on the 4th of March, 1879, and terminates on the 4th of March, ~885.
By order of the President, the Secretary of the Senate read the law under which the General Assembly had convened, after which the Journals of each House relating to the votes cast for United States Senator were read by the Secretary of the Senate, and the Clerk 0f the House of Representatives.
From the Journals it appeared that the Honorable John B. Gordon, had received a majority of all the votes cast in each House, the same being a majority of all the Senators and Representatives, elected to this General Assembly. The President of the Senate therefore declared the Hon. John B. Gordon, duly and co,nstitutionally elected United States Senator for the term of six years, commencing on the 4th day of March, 1879.
The Senate, on motion, withdrew to the Senate Chamber,

NovEMBER 21ST, 1878.

95

and being called to order by the President, adjourned. on motion, until 10 o'clock a. m., to-morrow.

SEN ATE CHAMBER, } Thursday, lvo<tmber 21st, 1878, 10 o'clock a. 111.

The Senate met pursuant to adjournment, the President in the chair.
Prayer by Rev. Dr. Gwinn.

On the call of the roll the following Senators answered

to their names, to wit-Messrs.

Boyd

Folks

McLeod

Bower

Grimes

Perry

Cabaniss

Hamiltonof the 14thRussell

Candler

Hamiltonof the 2 1stSimmons

Clarke

IIead

Speer

Clementsof the44thHodges

Staten

Clifton

Holcombe

Stephens

Cumming

Holton

Tison ofthe 4th

Drake

Hudson

Turner

DuBose

Lester

Wellborn

Duncan

Lumpkin

MR. PRESIDENT

Fain

McDaniel

The Journal was read and approved.

The following message was received from his Excellency the Governor, through Mr. Avery, his Secretary, to wit:

Mr. President: I am directed by his Excellency the Governor, to de-
liver to the Senate a sealed communication,to which he respectfully invites the. consideration of your honorable body in Executive session.
The following message was received from the House of

JoURNAL OP THE SENATE
Rr:presentatives, through Mr. Goetchius, the Clerk thereof, to wit:
Mr. President: The House of Representatives have adopted a substi-
tute for the following resolution of the Senate, to wit :
A resolution "To bring on the election of Judges for certain Circuits," and respectfully request the concurrence of the Senate in the same.
On motion of Mr. Cabaniss, the Senate took up the amendments of the House of Representatives to the resolution of the Senate, in relation to the election of certain Judges of Superior Courts in this State.
On motion of Mr. Grimes, the amendments were concurred in, and the Secretary instructed to inform the House of Representatives forthwith.
Mr. McDaniel, chairman of the Committee on the J udiciary, made a report on certain bills, which was read.
On the call of the roll for the introduction of new matter, the following bills were introduced, read the first time and referred to the Committee on the Judiciary, to wit :
By Mr. BowerA bill ''To discharge witnesses who have been subpcenaed in certain cases;" and A bill To make husband and wife incompetent witnesses in certain cases." By Mr. DrakeA bill "To establish in each county in this State a court to be known as the Inferior Court, to confer jurisdiction on the same, and to revive and re-enact certain sections of the Code of I 86 I, etc." By Mr. RussellA bill "To authorize Superior and County Courts to render judgment at the first term in certain cases."

I

NoVEMBER ZIST, 1878.

97

Mr. Clements of the 44th District, offered the following resolution, to wit :
lfesolved, That the session of the Senate to-day, be indefinitely extended. The same was taken up, read and agreed to.
Mr. Tison of the 4th District, offered the following resolution, which was taken up, read and agreed to, to wit:
Resolved, That the Hon. G. J. Holton, Senator from the
3d District, be added to the Special Committee on the Macon and Brunswick Railroad."
The following message was received from the House of Representatives, through Mr. Goetchi us, the Clerk thereof, to wit:

Mr. President :
The House of Representatives have adopted the following resolution, to wit:
A resolution, ''inviting the Superintendents of the Institution for the Deaf and Dumb; and the Institution for the Blind, to appear before the General Assembly with some of their pupils, to exhibit the practical operation of their schools," and I am instructed to transmit the same to the Senate forthwith.
Leave of absence was granted Mr. Tison of the 10th District, Mr. Clements of the 15th District, and Mr. Bryan.
The following bills were read the second time and passed to a third reading, to wit:
A bill ''to amend the Claim Laws," and
A bill ''To amend section 274 of the Code of Georgia, in relation to the appointment of Receivers in certain cases, and cost and expenses.''
The following bills were taken up for a second reading,
7

JoURNAL OF THE SENATE
and on motion were laid on the table for the present, to wit:
A bill "To carry into effect paragraph 2, section I 8, of article 6, of the Constitution of I 877" ; and
A bill ''To carry into effect the provisions of the Constitution of this State, relating to juries and jurors, to amend the existing Jury Laws of this State, and for other purposes.''
The bill ''To carry into effect the I 8 ~ h section, paragraph 2, of the Constitution of this State," was read the second time. The Judiciary Committee recommended the adoption and passage of a substitute for this bill.
On motion of Mr. Hudson the bill and substitute were laid on the table for the present anrl one hundred copies of the substitute ordered to be printed for the use of the Senate.
The bill "To amend section 2967 of the Code of I873," was read the second time. The report of the Judiciary Committee, which was adverse to the passage ofthe same, was agreed to, and the bill, therefore, lost.
On motion of Mr. DuBose, the resolution of the House of Representatives, inviting the Superintendents of the Institutions for the Blind, and the Deaf and Dumb, to appear before the General Assembly with such pupils as they may select, for the purpose of showing the proficiency of said pupils, was taken up, read and agreed to.
The hour of 1 I o'clock a. m., having arrived, the SenatOT sin a body proceeded to the Hall of Representatives, where they were received.
The General Assembly was called to order by the President of the Senate, who announced that the purpose for which the two Houses had convened in joint session, was the election of Judges of the Superior Court for cer

NOVEMBER 21ST, 1878.

99

tain circuits in this State, in accordance with the joint resolution of the Senate and House of Representatives.
The Secretary of the Senate, by direction of the President, read said joint resolution.
The President then announced that the General Assembly would proceed first to the election of a Judge of the Superior Court for the Augusta Circuit, and that nominations would be received for that office.
The names of William Gibson, Claiborne Snead and C. C. Jones, all of the county of Richmond, were placed in nomination, and the General Assembly proceeded to vote <r'va vou.
The following is an exposition of the vote of each Senator, to wit:
Messrs. Boyd, Casey, Clements of the I sth, Clements of the 44th, Hamilton of the I4th, Hodges, McLeod, Simmons, and Wellborn, cast their votes for Mr. Gibson.
Messrs. Cabaniss, Candler, Drake, Duncan, Fain, Grimes, Hamilton of the 2 Ist, Hawkins, Head, Holton, Howell, Hudson, Lumpkin, McDaniel, Preston, Staten, Stephens, Tison of the 4th, Tison of the 10th, Turner, and Mr. PRESIDENT, cast their votes for Mr. Snead.
Messrs. Bower, Clarke, Clifton, Cumming, Folks, Holcombe, Perry, Russell, Speer, and Troutman, cast their votes for Mr. Jones.
The aggregat~ number of Senators voting was 39-and of these Mr. Gibson received 9 ; Mr. Jones 9, and Mr. Snead 21.
The following is an exhibit of the votes of members of the House of Representatives, respectively, to wit :
Messrs. Adams, Alston, .Barron, Bell, .Bennett, Berry,

100

JouRNAL OF THE SENATE

Bird, Blec.kley, Born, Brintle, Burch, Butt, Cannon, Carr, Chambers, Chapman, Clegg, Collins, Cook, Cox of Harris, Crawford, Cunningham, Daniel, Davis of Houston, Davison, DeLoach, Dickin, DuBose, Dupree, Duvall, Elder, Fitzgerald, Fletcher, Ford, Fort, Gammage, Gar rard, Grant, Greene of Madison, Hall, Hammond, Hanks, Harp, Harris, Harrison, Henderson, Hogan, Hollis, Howell of Lowndes, Hudson, Hulsey, Humber, Ivey, Janes, Johnson of Clay, Jordan of Crawford, Kendrick, Kimsey, King, Kirby, Lamb, Lang, Luffman, Mathews, Maund, McConnell, McDonald, McGouirck, McRae, McWhorter, Miller of Houston, Milner, Mitchell, Mynatt, Nisbet, Northern, Oliver, Patterson, Paull, Phillips of Coffee, Phinizy, Pike, Polhill, Prescott, Puckett, Rankin, Redwine, Roach, Russell, Shannon, Sheffield of Miller, Sikes, Sims, Smith of Oglethorpe, Smith of walton, Strickland, Strother, Taliaferro, Tatum, Thomas, Vick, \Vall, Walters, Weehunt, Welch, Westbrook, \\'illiams C. W., Williams F. J., Willingham, Wilmot, Wilson, Wright, Yancey, Zellner and Mr. SPEAKER, cast their votes for Mr. Snead.
Messrs. Anderson of Morgan, Anderson of Pulaski, Anderson of Newton, Barksdale, Brannon, Brantley, Buchan, Butler, Colley, Duggar, Farnell, Fuller, Glover, Greene of Baldwin, Harrell, Howell of Pickens, Irvine, Johnson of Johnson, McAfee, McCurry, McLucas, Paine, Park, Peacock, Perkins, Phillips of Carroll, Phillips of Cobb, Pope, Riden, Roberts, Rogers, Roney, Scruggs, Sharman, Sheffield of Early, Smith of Butts, Tate, Toole, Turner of Coweta, Walton, Wheeler, Wilcox, Williams of Columbia, cast their votes for Mr. Gibson.
Messrs. Awtry, Cox of Troup, Davis of Baker, Hill, Hutchins, Jordan of Wilkes, Livingston~ Miller of Liberty,

NovEMBER 21ST, 1878.

IOI

Reese, Sibley, Tarver, Turner of Brooks, cast their votes for Mr. Jones.
The total vote ofthe House of Representatives was 165 Of these Mr. Gibson received 41; Mr. Jones 12, and Mr. Snead, 112.
The consolidated vote of both houses of the General Assembly was 204. Of these Mr. Gibson received 50 ; Mr. Jones 21, and Mr. Snead 133
It appearing that the Honorable Claiborne Snead, had received a majority of all the votes cast, the same being also a majority of all the members elected to both Houses of the General Assembly, he was declared, by the President, duly and constitutionally elected Judge of the Supe. rior Court of the Augusta Circuit, for the term of four years, commencing on the first day of January, 1879.
The President announced, as next in order, an election forJudge of the Superior Court for the Brunswick Circuit, and that nominations would be received for that office.
The names of John L. Harris, and L. M. Mershon, both of the county of Glynn, were placed in nomination, and the General Assembly proceeded to vote viva voce.
The following is the vote of Senators respectivelly, to wit:
Messrs. Boyd, Bower, Cabanis, Candler, Casey, Clarke, Clements of the 15th, Clements of the 44th, Clifton, Cumming, Drake, DuBose, Duncan, Fain, Folks, Hawkins, Head, Hodges, Holcombe, Holton, Howell, Hudson, Lumpkin, McDaniel, McLeod, Perry, Preston, Russell, Simm01as, Speer, Staten, Stephens, Tison of the 4th, Tison of the 10th, Troutman, Turner, Wellborn, and Mr. PRESIDENT, cast their votes for Mr. John L. Harris.
Messrs. Grimes, Hamilton of the 14th, and Hamilton of the 21st, cast their votes for Mr. L. M. Mershon.

io2

JouRNAL OF THE SENATH

The aggregate vote of the Senate was 41. Of these Mr. Harris)eceived 38, and Mr. Mershon received 3

The following is an exhibit of the votes of members of the House of Representatives, respecttively, to wit:
Messrs. Adams, Alston, Anderson ofMorgan, Anderson of Newton, Anderson of Pulaski, Awtry, Barksdale, Bell, Bennett, Berry, Bleckly, Branch, Brannon, Brantley, Burch, Butler, Butt, Cannon, Carr, Chambers, Chapman, Clegg, Colley, Cook, Cox of Harris, Cox of Troup, Cunningham, Daniel, Davis of Baker, Davis of Houston, Davison, DeLoach, Dickin, DuBose, Duggar, Dupree, Duvall, Elder, Farnell, Fitzgerald, Fletcher, Ford, Fuller, Gammage, Garrard, Grant, Glover, Greene of Baldwin, Greene of ~fadison, Hall, Hammond, Hanks, Harrell, Harris, Harrison, Henderson, Hill, Howell of Lowndes, Howell of Pickens, Hudson, Hulsey, Humber, Hutchins, hey, Johnson of Clay, Jordan of Wilkes, Kendrick, Kimsey, King, Kirby, Lamb, Lang, Livingston, Luffman, Mathews, Maund, McAfee, McConnell, McCurry, McDonald, McGouirck, McLucas, McRae, McWhorter, Miller of Houston, Miller of Liberty, Milner, Mitchell, Mynatt, Nisbet, Northern, Oliver, Paine, Park, Patterson, Paull, Peacock, Phillips of Carroll, Phillips of Cobb, Phillips of Coffee, Phinizy, Pike, Polhill, Pope, Prescott, Puckett, Rankin, Redwine, Reese, Riden, Roach, Roberts, Rogers, Roney, Russell, Scruggs, Shannon, Sharman, Sheffield of Early, Sheffield of Miller, Sibley, Sikes, Smith of Oglethorpe, Smith of Walton, Strickland, Strother, Taliaferro, Tarver, Tate, Tatum, Thomas, Toole, Turner of Brooks, Turner of Coweta, Vick, Wall, Walters, Walton, Weehunt, Welch, Westbrook, Wheeler, Wilcox, Williams of Columbia, Williams F. ]., Willing-

NovEMBER 21ST, 1878.

103

ham, Wilmot, Wright, Yancey, Zellner, MR. SPEAKER, cast their votes for J. L. Harris.
Messrs. Bird, Buchan, Crawford, Fort, Harp~ Hogan, Hollis, Irvine, Janes, Jordan ofCrawford, and Wilson, cast their votes for L. M. Mershon.
The total vote of members of the House of Representatives was 162. Of these Mr. Harris received I 51, and 1\Jr. Mershon received I I.
The consolidated vote of both Houses was 203. Of these Mr. Harris received 189, and Mr. Mershon received 14.
The Hon. John L. Harris having received a majority of all the votes cast, the same being, also, a majority of all the members elected to both Houses of the General Assembly, was declared, by the President, to be duly and constitutionally elected Judge of the Brunswick Circuit for the term of four years, commencing on the first day of January, 1879
The President announced as next in order an election for a Judge of the Superior Court for the Flint Circuit, and that nominations for said office would be received.
The names of Alexdnder M. Speer of the county of Spalding; John J. Floyd of the county of Newton; and James S. Boynton of the county of Spalding, were placed in nomination, and the General Assembly proceeded to vote viva voce.
The Senators who voted for Mr. Speer are: Messrs. Boyd, Candler; Clements of the 44th, Cumming, Drake, DuBose, Duncan, Grimes, Hamilton of the 14th, Harri son, Hawkins, Hodges, Hudson, Lumpkin, McDaniel,
Simmons, Speer, Staten, Tison of the 4th, Tison of the
10th, Troutman, and Turner. The Senators who voted for Mr. Boynton are : Messrs.
Bower, Cabaniss, Casey, Clarke, Clements of the 15th,

JouRNAL oF THE SENATE
Ciifton, Fain, Folks, Hamilton of the 2 rst, Head, Hol combe, Holton, Howell, McLeod, rerry, Preston, Russell, Stephens, Wellborn, and Mr. PRESIDE;o.;T.
The name of Mr. Floyd was withdrawn, at his request, by Mr. McDaniel.
The whole vote of Senators was 42. Of these Mr. Speer received 22, and Mr. Boynton 20.
The following shows the vote cast by members of the House of Representatives, respectively, to wit:
Messrs. Adams, Alston, Berry, Brantley, Butler, Butt, Carr, Chapman, Colley, Collins, Cook, Cox of Troup, Crawford, Daniel, Davis of Baker, DuBose, Buggar, Fitzgerald, Ford, Fort, Garrard, Grant, Glover, Greene of Baldwin, Greene of Madison, Hammond, Hanks, Harp, Harris, Harrison, Hollis, Howell of Lowndes, Howell of Pickens, Hudson, Humber, Hutchins, Ivey, Johnson of Clay, Johnson of Johnson, Jordan of Crawford, Jordan of Wilkes, Kimsey, King, Kerby, Lamb, Lang, Livingston, Luffman, Mathews, Maund, McDonald, McRae, McWhorter, Milner, Nisbet, Northern, Paine, Park, Patterson, Peacock, Phillips of Carroll, Phillips of Coffee, Phinizy, Polhill, Prescott, Rankin, Reese, Roberts, Rogers, Scruggs, Sharman, Sheffield of Early, Smith of Butts, Smith of Oglethorpe, Strickland, Tate, Tatum, Toole, Turner of Brooks, Vick, Wall, Walton, Weehunt, Westhrook, Williams F. J., Willingham, Wilmot, Yancey, Zellner and Mr. Speaker, cast their votes for Mr. Speer.
Messrs. Anderson of Morgan, Anderson of Newton, Bennett, Elder, Paull, Phillips of Cobb, Pike, Redwine, Sims, Smith of Walton, Strother, Williams C. W., cast their votes for Mr. Floyd.
Messrs. Anderson of Pulaski, A wtry, Barron, Bell, Bird, Bleckley, Branch, Brannon, Brintle, Buchan, Burch, Cannon, Chambers, Clegg, Cox of Harris, Cunningham,

NovEMBER 21ST, 1878.

105

Davis of Houston, Davison, DeLoach, Dickin, Duvall, Farnell, Fletcher, Fuller, Gammage, Harrell, Henderson, Hill, Hogan, Hulsey, Irvine, Janes,. Kendrick, McAfee, McConnell, McCurry, McGouirck, McLucas, Miller of Houston, Miller of Liberty, Mitchell, Mynatt, Oliver, Perkins, Pope, Riden, Roach, Roney, Russell, Shannon, Sheffield of Miller, Sibley, Sikes, Taliaferro, Tarver, Thomas, Turner of Coweta, Walters, Welch, Wheeler, \\'ilcox, Williams of Columbia, Wilson, Wright, cast their votes for Mr. Boynton.
The total vote cast by members of the House of Kepresentatives was 165. Of these Mr. Speer received 90; Mr. Boynton 63, and Mr. Floyd 12.
The consolidated vote of both Houses was 207. Of these Mr. Speer received I 12 ; Mr. Boynton 85, and Mr. Floyd 12.
Mr. Speer having received a majority of all the votes cast, and the same being, also, a majority of all the members elected to both Houses of the General Assembly, was declared, by the President, to be duly and constitutionally elected Judge of the Superior Court of the Flint Circuit for the term of four years, commencing on the first of January, 1879
The President announced, as next in order, an election for Judge of the Superior Court for the Macon Circuit, and that nominations would be received for that office.
The names of Thomas J. Simmons of the county of
Bibb, and Vv. L. Grice of the county of Houston, were
placed in nomination, and the General Assembly proceeded to vote viva voce.
The Senators who voted for Mr. Simmons are: Messrs. Boyd, Cabaniss, Casey, Clarke, Clement~ of the 15th, Clements of the 44th, Clifton, Cumming, DuBose, Duncan, Fain, Folks, Grimes, Hamilton of the 14th, Hamil-

to6

JouRNAL oF THE SENATE

ton of the 21st, Harrison, Hawkins, Head, Hodges, Holcombe, Holton, Howell, Hudson, Lumpkin, McDaniel, Perry, Preston, Simmons, Speer, Stephens, Tison of the 4th, Turner, and Wellborn.
The Senators who voted for Mr. Grice are : Messrs. Candler, Drake, McLeod, Russell, Staten, Tison of the 10th, Troutman, and Mr. PRESIDENT.
The total number of Senators voting was 41. Of these Mr. Simmons received 33. and Mr. Grice received 8.
The following is an exhibit of the vote of members of the House of Representatives, respectively, to wit:
Messrs. Adams, Anderson of Pulaski, Buchan, Davis of Baker, Davis of Houston, Farnell, Fuller, Gammage, Garrard, Greene of Baldwin, Johnson of Clay, Maund, Miller of Houston, Mitchell, Prescott, Russell, Sheffield of Early, Sikes, Toole, Turner of Brooks, Walters, cast their votes for Mr. Grice.
Messrs. Alston, Anderson of Morgan, Anderson of Newton, Awtry, Barksdale, Barron, Bell, Bennett, Berry, Bird, Bleckley, Branch, Brannon, Brantley, Brintle, Burch, Butler, Butt, Cannon, Carr, Chambers, Chapman, Clegg, Colley, Collins, Cook, Cox of Harris, Cox of Troup, Crawford, Cunningham, Daniel, Davison, DeLoach, Dickin, DuBose, Duggar, Dupree, Duvall, Elder, Fitzgerald, Fletcher, Ford, Fort, Grant, Glover, Greene of Madison, Hall, Hammond, Hanks, Harp, Harris, Harrison, Henderson, Hill, Hogan, Hollis, Howell of Lowndes, Howell of Pickens, Hudson, Hulsey, Humber, Hutchins, Irvine, lvey, Janes, Jordan of Crawford, Jordan of Wilkes, Kendrick, Kimsey, King, Kerby, Lamb, Lang, Livingston, Luffman, Mathews, McAfee, McConnell, McCurry, McDonald, McGouirck, McLucas, McRae, McWhorter, Miller of Liberty, Milner, Mynatt, Nisbet, Northern, Oliver, Park, Patterson, Paull, Perkins, Phillips

NovEMBER 1 tsT, 1878.

107

of Carroll, Phillips of Cobb, Phillips of Coffee, Phinizy, Pike, Polhill, Pope, Rankin, Redwine, Reese, Riden, Roach, Roberts, Rogers, Roney, Scruggs, Shannon, Sharman, Sheffield of Miller, Sibley, Sims, Smith of Butts, Smith of Oglt thorpe, Smith of Walton, Strickland, Strotcher, Taliaferro, Tarver, Tate, Tatum, Thomas, Turner of Coweta, Vick, Wall, Walton, Weehunt, Welch, Westbrook, Wheeler, Wilcox, Williams of Columbia, Williams C. W., Williams F. J., Willingham, Wilmot, \Vilson, Wright, Yancey, Zellner, and Mr. SPEAKER, cast their votes for Mr. Simmons.
The total number of votes cast by members of the House of Representatives was 165. Of these Mr. Simmons received 144, and Mr. Grice received 21.
The con~olidated votes cast by both Houses was 206. Of these Mr. Simmons received 177, and Mr. Grice 29.
The Honorable Thomas J. Simmons having received a majority of all the votes cast by both Houses of the General Assembly, and the same being, also, a majority of all the members elected to the General Assembly, he was declared, by the President, duly and constitutionally elected Judge of the Superior Court of the Macon Circuit for the term of four years, commencing on the first day of January, 1879.
The President announced, as next in order, an election for Judge of the Superior Court of the Middle Circuit
and that nominations would be received for that office. '
The name of the Honorable Herschel V. Johnson, of the county of Jefferson, was placed in nomination. For him the following Senators cast their votes, to-wit :
Messrs. Boyd, Bower, Cabaniss, Candler, Casey, Clarke, Clements of the I sth, Clements of the 44th, Clifton, Cumming, Drake, DuBose, Duncan, Fain, Folks, Grantland, Grimes, Hamilton of the 14th, Hamilton of

108

JouRNAL OF THE SENATE

the 21st, Harrison, Hawkins, Head, Hodges, Holcombe, Holton, Howell, Hudson, Lumpkin, McDaniel, McLeod, Perry, Preston, Russell, Simmons, Speer, Staten, Stephens, Tison of the 4th, Tison of the 10th, Troutman, Turner, and Mr. PRESIDENT.
The entire number of Senators voting was 42, and the entire vote cast was given to the Honorable Herschel V. Johnson.
The following exhibit shows the vote of members of the House of Representatives, respectively, to wit:
Messrs. Adams, Alston, Anderson of Morgan, Anderson of Newton, Anderson of Pulaski, Awtry, Barksdale, Barron, Bell, Bennett, Berry, Bird, Bleckley, Branch, Brannon, Brintle, Buchan, Burch, Butler, Butt, Cannon, Carr, Chambers, Chapman, Clegg, Colley, Collins, Cook, Cox of Harris, Cox of Troup, Crawford, Cunningham, Daniel, Davis of Baker, Davis of Houston, Davison, DeLoach, Dickin, Dozier, DuBose. Duggar, Dupree, Elder, Farnell, Fitzgerald, Fletcher, Ford, Fort, Fuller, Gammage, Garrard, Grant, Glover, Greene ofBaldwin, Greene of Madison, Hall, Hammond, Hanks, Harrell, Harp, Harris, Harrison, Henderson, Hill, Hogan, Hollis, Howell of Lowndes, Howell of Pickens, Hudson, Hulsey, Humber, Hutchins, Irvine, lvey, Janes, Johnson of Clay, Jordan of Crawford, Jordan of Wilkes, Kendrick, Kimsey, King, Kirby, Lamb, Lang, Livingston, Luffman, Mathews, Maund, McAfee, McConnell, McCurry, McDonald, McGouirck, McLucas, MeRae, MeWhorter, Miller of Houston, Miller of Liberty, Milner, Mitchell, Mynatt, Nisbet, Northern, Oliver, Paine, Park, Patterson, Paull, Peacock, Perkins, Phillips of Carroll, Phillips of Cobb, Phillips of Coffee, Phinizy, Pike, Polhill, Pope, Prescott, Rankin, Redwine, Rtese, Riden, Roberts, Rogers, Roney, Russell, Shannon, Sharman, Sheffield of Early, Sheffield of

NovEMBER 21ST, 1878.

109

Miller, ~ibley, Sikes, Sims, Smith of Butts, Smith ot Oglethorpe, Smith of Walton, Strickland, Strother, Taliaferro, Tarver, Tate, Tatum, Thomas, Toole, Turner of Brooks, Turner of Coweta, Vick, Wall, Weehunt, \Velch, Westbrook, Wheeler, wilcox, Williams of Columbia, Williams C. W., Williams F. J., Willingham, Wilmot, Wilson, Wright, Yancey, Zellner, and Mr. SPEAKER, cast their votes for Mr. Johnson.
The total vote of members of the House of Representatives was I6o, and these were all cast for the Honorable Herschel V. Johnson.
The consolidated votes of both Houses was 202, and these were all given to the Honorable Herschel V. Johnson, who was declared, by the President, duly and constitutionally elected Judge of the Superior Court of the Middle Circuit, for the term of four years, from the first of January, 1879'
The General Assembly, on motion, dissolved to meet again, in joint session, at 3 o'clock p. m. this day, in the Hall of Representatives, to complete the elections provided for by the resolution under which the two Houses were convened in General Assembly, and the Senate withdrew to the Senate Chamber, where, being called to order, a motion prevailed to adjourn until 2:50 o'clock p. m., and the President so announced.

2:50 o'CLOCK P. :11. The Senate met pursuant to adjournment, and was called to order by the President. At the hour of 3 o'clock p. m. the Senators, in a body, repaired to the Hall of Representatives, where they were received. The General Assembly was called to order by the

IIO

JouRNAL ov THE SENATE

President, who announced, as next in order, an election for Judge of the Ocmulgee Circuit, and that nominations would be received for that office.
The names of Augustus Reese of the county of Morgan, George T. Bartlett of the county of Jasper, and Thomas G. Lawson of the county of Putnam, were placed in nomination, and the General Assembly proceeded to vote <'tva voce.
The Senators who voted for Mr. Reese, are : Messrs. Casey, Cumming, DuBose, Grimes, Hodges, Holcombe, Stephens, and Wellborn.
The Senators who voted for Mr. Bartlett, are : Messrs. Boyd, Bryan, Cabaniss, Clements of the 15th, Duncan, Grantland, Hamilton of the 21st, Lumpkin, McLeod, Simmons, Staten, Tison of the 4th, Tison of the 10th, and Troutman.
The Senators who voted for Mr. Lawson, are : Messrs. Bower, Candler, Clarke, Clements of the 44th, Clifton, Drake, Fain, Folks, Hamilton of the 14th, Harrison, Hawkins, Head, Holton, Howell, Hudson, McDaniel, Perry, Preston, Russell, Speer, Turner, and MR. PRESI-
DENT.
The whole number of votes cast by Senators was 44 Of these Mr. Reese received 8; Mr. Bartlett received 14, and Mr. Lawson received 22.
The following exhibit shows the vote cast, respectively, by members of the House of Representatives, to wit:
Messrs. Adams, Anderson of Newton, Anderson of Pulaski, Awtry, Bell, Berry, Bird, Branch, Brantley, Burch, Butler, Butt, Carr, Chambers, Chapman, Clegg, Colley, Collins, Cook, Cox of Harris, Daniel, Davis of Baker, Davis of Houston, Davison, DeLoach, Dickin, Dozier, Dupree, Duvall, Elder, Farnell, Fitzgerald, Fletcher, Ford, Fort, Fuller, Grant, Glover, Greene of

NovE~fBER 2IsT, 1878.

III

Baldwin, Hammond, Hanks, Harrell, Harrison, Henderson, Hogan, Hollis, Howell of Lowndes, Hudson, Humber, Irvine, Johnson of Johnson, Kendrick, King, Lamb, Lang, Livingston, Mathews, McDonald, McGeuirck, McRae, McWhorter, Miller of Liberty, Milner, Mitchell, Mynatt, Nisbet, Northern, Oliver, Paull, Peacock, Perkins, Phinizy, Polhill, Pope, Rankin, Roach, Rogers, Sheffield of Miller, Sikes, Sims, Smith of Oglethorpe, Smith of Walton, Taliaferro, Tatum, Thomas, Toole, Turner of Brooks, Vick, Wall, Walters, Walton, Westbrook, Wheeler, Wilcox, Williams C. W., Williams F. J., Wilmot, Zellner, and MR.. SPEAKER, cast their votes for Mr. T. G. Lawson.
Messrs. Alston, Barron, Bennett, Brannon, Brintle, Buchan, Cannon, Cox of Troup, Duggar, Gammage, Gray, Hall, Harris, Hill, Howell of Pickens, Hulsey, Ivey, Janes, Johnson of Clay, Jordan of Crawford, Kimsey, Kirby, Luffman, Maund, McAfee, McConnell, Miller of Houston, Paine, Patterson, Ph ill ips of Coffee, Prescott, Russell, Sheffield of Early, Smith of Butts, Strickland, Tarver, Weehunt, Wilson, cast their votes for Mr. G. T. Bartlett.
Messrs. Anderson of Morgan, Barksdale, Bennett, Rleckley, Crawford, Cunningham, DuBose, Garrard, Greene of Madison, Harp, Hutchins, Jordan of Wilkes, Park, Phillips of Carroll, Phillips of Cobb, Pike, Redwine, Reese, Riden, Roberts, Roney, Scruggs, Shannon, Sharman, Sibley, Strother, Tate, Turner of Coweta, \Velch, Williams of Columbia, Willingham, Wright, and Yancey cast their votes for Mr. Augustus Reese.
The entire vote cast by members of the House of Representatives was 167. Of these Mr. Reese received 30; Mr. Bartlett received 38, and Mr. Lawson 99
The consolidated vote cast by both Houses, was 2 I I.

112

JovRNAL OF: THE SENATE

Of these Mr. Reese received 46; Mr. Bartlett received 52, and Mr. Lawson IZI.
The Honorable Thomas G. Laws,:m having received a majority of all the votes cast, and likewise a majority of all the members elected to both Houses of the General Assembly, was, by the President, declared duly elected Judge of the Superior Court for the Ocmulgee Circuit, for the term of four years, from the first of January, 1879
The President announced an election for Judge of the Superior Court for the Pataula Circuit as next in order, and that nominations for that office would be received.
The names of Arthur Hood of the county of Randolph, and L.~C. Hoyle of the county of Terrell, were placed in nomination, and the General Assembly proceeded to vote ~~zva voce.
The following Senators cast their votes for Mr. Hood, to wit:
Messrs. Boyd, Bower, Bryan, Cabaniss, Casey, Clarke, Clements of the I 5th, Clements of the 44th, Cumming, Drake, DuBose, Duncan, Fain, Grantland, Grimes, Hamilton of the 14th, Hamilton of the 21st, Harrison, Hawkins, Holton, Howell, Lumpkin, McDaniel, Perry, Preston, Russell, Simmons, Speer, Stephens, Turner and Wellburn.
The Senators who voted for Mr. Hoyle, are : Messrs. Candler, Clifton, Polks, Head, Hodges, Holcombe, Hudson, McLeod, Staten, Tison of the 4th, Tison of the 10th, Troutma 1, and MR. PRESIDENT.
The entire number of vote cast by Senators, was 44 Of these Mr. Hood received 3 I, and Mr. Hoyle I 3
The following exhibits the votes of members of the House of Representatives, respectively, to wit:
Messrs. Anderson of Morgan, Anderson of Pulaski, Bell, Bennett, Bird, Brannon, Brantley, Brintle, Buchan,

NovEMBER 21ST, r8j8.

113

Butler, Butt, Carr, Chambers, Clegg, Cox of Harris, Daniel, Davison, DeLoach, DuBose, Duggar, Dupree, Duvall, Elder, Farnell, Fitzgerald, Fletcher, Ford, Gammage, Garrard, Greene of Madison, Hanks, Harp, Henderson, Hill, Hollis, Howell of Lowndes, Hulsey, Hutchins, Ivey, Janes, Jordon of Crawford, Jordan of \Vilkes, Kendrick, Kirby, Lamb, McAfee, McConnell; Miller of Houston, Miller of Liberty, Mynatt, Oliver, Park, Peacock, Phillips of Carroll, Phillips of Cobb, Phinizy, Pike, Prescott, Rankin, Redwine, Riden, Roach, Roberts, Rogers, Scruggs, Shannon, Sharman, Sikes, Sims, Smith of Butts, Turner of Coweta, Vick, Wall, \\1alton, and Weehunt cast their votes for Mr. Hoyle.
Messrs. Adams, Alston, Anderson of Xewton, Awtry, Barksdale, Barron, Berry, Bleckley, Branch, Burch, Cannon, Chapman, Colley, Collins, Cook, Cox of Troupe, Crawford, Cunningham, Davis of Houston, Dickin, Dozier, Fort, Fuller, Grant, Glover, Greene of Baldwin, Hall, Hammond, Harrell, Harris, Harrison, Hogan, Howell of Pickens, Hudson, Humber, Irvine, Johnson of Clay, Johnson of Johnson, Kimsey, King, Lang, Livingston, Luffman, Mathews, Maund, McDonald, McGouirck, McLucas, McRae, Mc\Vhorter, Milner, Mitchell, Nisbet, Northern, Paine, Patterson, Paull, Perkins, Phillips of Coffee, Polhill, Pope, Reese, Roney, Russell, Sheffield of Early, Sheffield of Miller, Sibley, Smith of Walton, Strickland, Strother, Taliaferro, Tarver, Tate, Tatum, Thomas, Toole, Turner of Brooks, Walters, Welch, Westbrook, Wheeler, Wilcox, Wiiliams of Columbia, Williams C. W., Williams F. J., Willingham, Wilson, Wright, Yancey, Zellner, and Mr. SPEAKER cast their votes for Mr. Hood.

The entire vote cast by members of the House, was r(5s. 8

114

JouRNAL oF THE SENATE

Of these Mr. Hoyle received 76, and Mr. Hood received 8g.
The whole consolidated vote cast by both Houses, was 209. Of these Mr. Hoyle received 8g, and Mr. Hood received 120.
The Honorable Arthur Hood having received a majority of all the votes cast by both Houses, and, also, a majority of all the members elected to the General Assembly, was declared, by the President, duly elected Judge of the Pataula Circuit, for the term of four years, beginning on the first day of January, 1879
The President announced as next in order, an election for Judge of the Superior Court for the Rome Circuit, and that nominations would be received for that office.
The names of William Dabney, Thomas W. Alexander, C. M. Featherston, and John W. H. Underwood, all of the county of Floyd, were placed in nomination.
The Senators voting for Mr. Dabney are, to wit : Messrs. Candler, Head, Perry and Stephens.
The Senators voting for Mr. Alexander are, to wit: Messrs. Clifton, Holcombe, Howell, Preston, Turner and Mr. PRESIDEt-iT.
The Senators voting for Mr. Featherston are, to wit : Messrs. DuBose, Duncan, Harrison, Russell and Spear.
The Senators voting tor Mr. Underwood are, to wit: Messrs. Boyd, Bower, Bryan, Cabaniss, Casey, Clarke, Clements of the I sth, Clements of the. 44th, Cumming, Drake, Fain, Folks, Grantland, Grimes, Hamilton of the 14th, Hamilton of the 21st, Hawkins, Hodges, Holton, Hudson, Lumpkin, McDaniel, McLeod, Simmons, Staten, Tison of the 4th, Tison of the 10th, Troutman and Wellborn. The whole number of votes. ~ast by Senatm:s, was 44

NOVEMBER 21ST, 1878.
Of these Mr. Dabney received 4 ; Mr. Alexander 6; Mr. Featherston 5, and Mr. Underwood received 29.
The following.exhibit shows the vote of members of the House of Representatives, respectively, to wit :
Messrs. Adams, Brintle, Chapman, Colley, Collins, Davis of Houston, Davison, Gray, Hollis, Howell of Lowndes, Hulsey, Irvine, Jordan of Wilkes, Livingston, McGouirck, McRae, Mynatt, Park, Phillips of Carroll, Pope, Rankin, Roach, Sheffield of Miller, Tatum, Thomas, Toole, and \iVheeler, cast their votes for Mr. Dabney.
Messrs. Alston, Carr, Hammond, Humber, Miller of Houston, Miller of Liberty, Mitchell, Tate, Wilmot, and Yancey, cast their votes for Mr. Alexander.
Messrs. Anderson of Newton, Baiksdale, Bell, Bennett, Bird, Brannon, B:.~chan, Cook, Cox of Harris, Cox of Troup, Daniel, DeLoach, DuBose, Dt~vall, Harp, Henderson, Hogan, Hudson, Janes, Jordan of Crawford, Kendrick, Mathews, Maund, McLucas, Nisbet, Northern, Polhill, Roney, Sims, Walters, Walton, and Wilson, cast their votes for Mr. Featherston.
Messrs. Anderson of Morgan, Anderson of Pulaski, Awtry, Barron, Berry, Bleckley, Branch, Burch, Butler, Butt, Cannon, Chambers, Clegg, Crawford, Cunningham, Davis of Baker, Dickin, Duggar, Dupree, Elder, Farnell, Fitzgerald, Fletcher, Ford, Fort, Fuller, Gammage, Garrard, Grant, Glover, Greene of Baldwin, Greene of Madison; Hall, Hanks, Harrell, Harris. Harrison, Hill, Howell of Pickens, Hutchins, lvey, Johnson of Clay, Johnson of Johnson, Kimsey, King, Kirby, Lamb, Lang, Luffma:, McAfee, McConnell, McDonald, McWhorter, Milner, Oliver, Paine, Patterson, Paull, Peacock, Perkins, Phillips of Cobb, Phillips of Coffee, Phinizy, Pike, Prescott, Redwine, Ree~e, Riden, Roberts, Rogers, Russell, Scruggs, Shannon, Sharman, Sheffield of Early, Sibley, Sikes,

JI6

JouRNAL OF THE SENATE

Smith of OglethorPe, Smith of Walton, Strickland, Strother, Taliaferro, Tarver, Turner of Brooks, Turner of Coweta, Vick, Wall, \Veehunt, Welch, Westbrook, Wilcox, Williams of Columbia, Williams C. W., Williams F. J., Willingham, \Vright, Zellner, and Mr. SPEAKER, cast their votes for Mr. Underwood.
The entire vote cast by the members of the House of Representatives was I65. Of these Mr. Dabney received 27; Mr. Alexander received 9 ; i\1r. Featherston received 32, and Mr. Underwood received 97
The consolidated vote cast by both Houses was 209. Of these Mr. Dabney received 3I; Mr. 1\lexander received Is; Mr. Featherston received 37. and Mr. Underwood received 126.
Mr. Underwood .having received a majority of all the votes ca~t. and likewise a majority of all the members elected to the General Assembly was, by the President, declared duly elected Judge nf the Superior Court for the Rome Circuit, for the term of four years from the first day of January, 1879
The President announced as the next in order, an election for Judge of the Southern Circuit, and that nominations 'would be received therefor. The name of Augustin H. Hansell of the county of Thomas, was placed in nomition, and the General Assembly proceeded to vote viva voce.
The Senators voting for Mr. Hansell are, to wit:
Messrs. Boyd, Bower, Bryan, Cabaniss, Candler, Casey, Clarke, Clements of the I5th, Clements ofthe 44th, Clifton, Cumming, Drake, DuBose, Duncan, Fain, Folks, Grantland, Grimes, Hamilton of the 14th, Hamilton of the 21st, Hawkins, Head, Hodges, Holcombe, Holton, Howell, Hudson, Lumpkin, McDaniel, McLeod, Perry, Preston, Russell, Simmons, Speer, Staten, Stephens, Tison 0f the 4th,

117
Tison of the 10th, Troutman, Turner, Wellburn and Mr.
PRESIDENT.
The entire vote cast by Senators was 43, and Mr. 1-tati sell received the whole number cast.
The following exhibit shows the vote of the members of the House of Representatives, to wit:
Messrs. Adams, Alston, Anderson of Morgan, Ander son of Pulaski, Awtry, Barksdale, Bell, Bennett, Berry, Bleckley, Branch, Brannon, Brantley, Brintle, Buchan
Burch, Butler, Butt, Ca:1non, Carr, Chambers, Chapman,'
Clegg, Collins, Cook, Cox of Harris, Cox of Troup, Crawford, Cunningham, Daniel, Davis of Baker, Davis of Houston, Davison, DeLoach, Dickin, DuBose, Duggar Dt: pree, Duvall, Elder, Farnell, Fitzgerald, Fletcher, Ford, Fort, Fuller, Garrard, Grant, Gray, Glover, Greene of Balrlwin, Greene of Madison, Hammond, Hanks, Harrell, Harp, Harris, Harrison, Hogan, Hollis, Howell of Lowndes, Howell of Pickens, Hudson, Hulsey, Humber, Hutchins, Irvine, lvey, Janes, Johnson ofClay, Johnson of Johnson, Jordan, of Crawford, Jordan of Wilkes, Kendrick, Kimsey, King, Kirby, Lamb, Lang, Living!>tone, Luffma~, Mathews, Maund, McAfee, McConnell, McGouirck, McLucas, McRea, McWhorter, Miller of Houston, Miller of Liberty, Milner, Mitchell, Mynat, Nisbet, Northern, Oliver, Paine, Park, Patterson, Paull, Peacock, Perkins, Phillips of Carroll, Phillips of Cobb, Phillips of Coffee, Phinizy, Pike, Polhill, Pope, Prescott, Rankin, Redwine, Reese, Riden, Roach, Roberts, Rogers, Roney, Russell, Scruggs, Shannon, Sharman, Sheffield of Early, Sheffield of Miller, Sibley, Sikes, Sims, Smith of Oglethorpe, Smith of Walton, Strickiand, Strother, Tarver, Tate, Tatem, Thomas, Toole, Turner of Brooks, Turner of Coweta, Vick, Walters, Walton, Weehunt, Welch, Westbrook, W.heeler,
Wilcox, Williams C. W., Williams F. J., Willingham,

i 18

JouRNAL~oF THE SENATE

Wilmot, Wilson, Wright, Yancey, Zellner, and Mr. SPEAKER cast their votes for Mr. Hansell.
The whole vote cast by members of the House of Representatives was I 57, and Mr. Hansell received the entire vote.
'i'he consolidated vote cast by both Houses was 200, and the Honorable Augustin H. Hansell having received the entire vote cast, and it being a majority ofall the members elected to the General Assembly, was declared, by the President, to be duly elected Judge of the Southern Circuit, for a term of four years, beginning on the first day of January, 1879
The President then announced as next in order, an election for Judge of the Superior Court for the Western Circuit, and that nominations therefor would be received.
The names of Alexander S. Erwin of the county of Clarke; Samuel J. vVynn of the county of Gwinnett, and John B. Estes of the county of Hall, were placed. in nomination, and the General Assembly proceeded to vote viva voce.
The Senators who voted for Mr. Erwin are, to wit: Messrs. Bower, Casey, Clarke, Clifton, Cumming, Drake, DuBose, Duncan, Folks, Grantland, Grimes, Hamilton of the 14th, Hamilton of the 21st, Hawkins, Hodges, Hudson, Lumpkin, McDaniel, P~rry, Preston, Speer, Staten, Stephens, Tison of the 4th, Tison of the 10th, Troutman, and Turner.
The Senators who voted for Mr. Wynn are, to wit: Messrs. Bryan, Cabaniss, Candler, Head, Holcombe, Russell, Simmons, Wellborn, and Mr. PRESIDENT,
The Senators who voted for Mr. Estes are, to wit: Messrs. Boyd, Clements of the 15th, Clements of the 44th, Fain, Holton, and McLeod.

NovEMBER 2 tST, 1878.
The whole vote cast by Senators wa(43 Of these Mr. Erwin received 27; Mr. Wynn 9, and Mr. Estes 6.
The following exhibits the vote cast by members of the House of Representatives, respectively, to .wit:
Messrs. Adams, Alston, Anderson of Morgan, Barksdale, Bell, Bird, Branch, Brantley, Buchan, Burch, Butler, Cannon, Carr, Chambers, Clegg, Colley, Collins, Cook, Cox of Troup, Crawford, Daniel, Davis of Baker, Davis of Houston, Davison, DeLoach, DuBose, Dupree, Duvall, Elder, Farnell, Fitzgerald, Ford, Fort, Gammage, Garrard, Grant, Gray, Glover, Hammond, Hanks, Harrell, Harp, Harris, Henderson, Hill, Hogan, Hollis, Howell of Lowndes, Howell of Pickens, Hulsey, Hutchins, lvey, Johnson of Clay, Jordan ofWilkes, Lamb, Lang, Livingston,Luffman, Matews, McDonald, Me Whorter, Miller of Houston, Miller of Liberty, Milner, Mitchell, Nisbet, Northern, Oliver, Paine, Park, Patterson, Peacock, Phillips of Cobb, Phillips of Coffee, Polhill, Pove, Prescott, Roach, Roberts, Rogers, Roney, Russell, Shannon, Sheffield of Early, Sheffield of Miller, Sibley, Sims, Smith of Oglethorpe, Smith of Walton, Strickland, Strother, Taliaferro, Tate, Toole, Turner of Brooks, Vick, Wall, Walters, Welch, Westbrook, Wilcox, Williams of Columbia, Williams C. W., Willingham, Wilmot, Wilson, Wright, Yancy, Zellner, and Mr. SPEAKER, cast their votes for Mr. Erwin.
Messrs. Anderson of Newton, Anderson of Pulaski, Awtry, Barron, Bennett, Berry, Bleckley,- Brannon, Brintle, Butt, Cox of Harris, Duggar, Fletcher, Fuller, Greene of Madison, Harri:;on, Jordan of Crawford, Kendrick, Kimsey, King, Maund, McAfee, McConnell, McGouirck, McLucas, McRc.a, Paull, Phillips of Carroll, Pike, Rankin, Redwine, Reese, Scruggs, Sharman, Sikes, Tarver, Thomas, Walton, Weehunt, Wheeler, and Williams F. J., cast their votes for Mr. Estes.

120

JOURNAL OF THE SENATE

Messrs. Chapman, Cunningham, Greene of Baldwin, Hall, Hudson, Humber, Irvine, Janes, Mynatt, Phinizy, Riden, Tatum, and Turner of Coweta, cast their votes for Mr. Wynn.
The entire vote cast by members of the House of Representatives was I64. Of this number Mr. Erwin received I I I; Mr. \Vynn I3, and Mr. Estes' 40.
The consolidated vote cast by both Houses was 207. Of this number Mr. Erwin received I38; Mr. Estes 46, and Mr. W yon 22.
Hon. Alexander S. Erwin having received a majority of all the votes cast, and the same being, likewise, a majority of all the members elect to the General Assembly, was declared, by the President, duly elected Judge of the Western Circuit, for the term of four years, beginning on the first day of January, I879
On motion, the General Assembly was diso;olved to meet again at I I o'clock a. m., to-morrow, for the purpose of completing the elections provided for in the resolution under which the two Houses were convened in joint session. The Senate repaired to the Senate Chamber, and, on motion, adjourned until 10 o'clock a. m., to-morrow.

.

SENATE CHAMBER, }

Friday, November 22, I878, 10 o'clock a. m.

The Senate met pursuant to adjournment, the President

in the chair.

Prayer by the Rev. Dr. Evans.

On the call of the roll the following Senators answered

to their names, to wit-Messrs.

Boyd

Folks

Lumpkin

Bower

Grantland

McDaniel

Bryan

Grimes

McLeod

NovEMBER 22o, 1878.

121

Cabaniss

Hamiltonof the14thPerry

Candler

Hamiltonof the 2 1stPreston

Casey :

Harrison

Russell

Clarke

Hawkins

Simmons

Clementsof the 15thHead

Speer

Clifton

Hodges

Staten

Cumming

Holcombe

Stephens

Drake

Holton

Tison ofthe 4th

DuBose

Howell

Tison of the 10th

Duncan

Hudson

Troutman

Fain

Lester

Turner

MR. PRESIDENT.

The Journal was read and approved.

The f8llowing message was received from the House o Representatives, through Mr. Geotchius, the Clerk thereof, to wit:

Mr. President : The House of Representatives have adopted the fol-
lowing resolution, in which they ask the concurrence of the Senate, to wit :
A resolution instructing the Comptroller General to suspend sales of Wild Lands and transfers of executions on the same, until the Coll!mittee on Wild Lands have reported their investigations. ; , ....

The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof, to wit :
Mr. President : I am instructed by the House of Representatives to in-
form the Senate that the House insists upon its amendment to the fol!owing bill of the Senate, to wit :
A bill to be entitled an act to prescribe the manner of giving notice of an intention to apply to the Legislature

122

JoURNAL OF THE SENAT~

for the passage of local and specia! bills, and respectfully ask for a committee of conference upon the disagreement of the two Houses to the same, and have appointed as such committee on the part of the House, Messrs. Harris, Alston, and D1ggar.
The follow;ng utessage was received from his excellency the Governor, through Mr. Avery, his Secretary, to wit: Mr. Presldent:
I am directed by his Excellency the Governor, to deliver to the Senate a communication in writing, with accompanying document.
On motion of Mr. Hawkins, leave of absence was granted Mr. Clements of the 44th, for this day.
On motion of Mr. Drake, leave of absence, after to-day, was granted the Committee on the Institute for the Blind.
On motion of Mr. Ho.vell, leave of absence was granted Mr. Hamilton of the 14th District, on account of sickness.
Mr. Cumming presented a memorial of a committee of the Medical Association of Georgia, which, on his motion, was referred to the Finance Committee without being read.
On motion of Mr. Harrison, the bill "To organize Judicial Divisions throughout this State; to equalize the
business and labo~of the Judges," etc., offered by him as a
substitute for the bill "To provide the manner of appointing Judges where the presiding Judge is disqualified from presiding," was made the special order for Monday next, 11 o'clock a. m., and, on motion of Mr. Lumpkin, fifty copies were ordered to be printed for the use of the Senate.
On motion of Mr. Cabaniss, the bill '' To reduce and regulate the fees of Tax Receivers and Collectors in all the counties of this State, and for other purposes," which was

NovitMBER 220, r878.

t23

made the special order for this day, was made the special

order for Tuesday n~xt, the 26th i_nst., at 1I o'clock a. m.

On motion of Mr. Preston, the bill "To authorize ap-

peals from verdicts of juries, and from confessions of judg-

ments, in the Superior Courts, to provide for the same, and

for other purposes, was made the special order for Wed-

nesday next, the 27th inst., at I I o'clock a. m.

The Senate, on motion, went into executive session, and

having remained therein some time, returned to open ses-

sion.

The Senate, on motion, took up the message of his Ex-

cellency, the Governor, communicating his reasons for

withholding his approval ofa resolution authorizing Hinton

P. Wris-ht, Esq., to publish the public laws of the present

General Assembly, etc.

Upon the question: ''Shall the resolution stand, not-

withstanding the veto of the Governor," the yeas and nays

were required to be recorded.

Those who voted in the a.::-lirmative are, to wit-Messrs.

Boyd

Folks

McLeod

Cabaniss

Grantland

Perry

Candler

Grimes

Preston

Casey

Harrison

Simmons

Clifton

Holcombe

Staten

Cumming

Holton

Tison of the 4th

DuBose

Hudson

Wellborn

Duncan

Lumpkin

Those who voted in the negative are, to wit-Messrs.

Bo.-ver

Hamiltonofthei4thMcDaniel

Bryan

Hamilton ofthe21 stRussell

Clarke

Hawkins

Speer

Clements ofthe I sthHead

Stephens

Drake

Hodges

Tison of the roth

Fain

Howell

Ayes, 23. Nays, 18.

Turner

124

jouRNAL oF THE ~ENATE

The same was not ordered to stand over the veto of his
Excellency, the Governor, there not being a vote of two. thirds in the affirmative.
The hour of I I o'clock a. m. having arrived, the Senators, in a body, repaired to the Hall of Representatives, and were received therein.
The General Assembly was called to order by the Presi dent of the Senate, who announced the purpose for which the two Houses had convened in joint session, to wit : The completion of the election for Judges and Solicitors General begun yesterday, under a resolution of the Senate and House of Represt:ntatives, the first bu,;iness in order being an election to fill the vacancy in the Judgeship of the Atlanta Circuit, caused by the death of the Honorable Cincinnatus Peeples.
The Honorable George Hillyer of the county of Fulton, was placed in nomination for said office, and the General Aso;embiy proceu.:~d to V'"'te therefor viva voce.
The Senators who voted for Mr. Hillyer are, to wit: Messrs. Boyd, Bower, Bryan, Cabaniss, Candler, Casey, Clarke, Clements of the I 5th, Clifton, Cumming, Drake, DuBose, Duncan, Fain, Polks, Gra"ntland, Grimes, Hamilton of the 14th, Hamilton of the 2 Ist, Hawkins, Head, Hodges,, Holcombe, Holton, Howell, Hudson, Lumpkin, McDaniel, McLeod, Perry, Preston, Russell, Speer, Sta ten, Stephens, Tison of the 4th, Tison of the 10th, Turner, Wellburn, and M H.. PRESIDENT. The entire number of votes cast by Senators, was 40, and the whole number were given to Mr. Hillyer. The following exhibits the vote of members of the House of Representatives, respectively, to wit: Messrs. Adams, Alston, Anderson of Morgan, Anderson of Newton, 'Anderson of Pulaski, Awtry, Bell, Bennett, Berry, Bird, Bleckley, Branch, Brannon, Brantley, Brin-

~OVE:O.!RER 22D1 1878
tie, Buchan, Burch, Butler, Butt, Cannon; Carr, Chambers, Chapman, Clegg, Colley, Collins, Cook, Cox of Harris, Crawford, Cunningham, Daniel, Davis of Baker,. Davis of Houston, Davison, DeLoach, DuRose, Duggar, Dupree, Duvall, Elder, Farnell, Fitzgerald, Fletcher, Ford, Fort, Fuller, Gammage, Grant, Gray, Glover, Greene of Baldwin, Greene of Madison, Hall, Hammond, Hanks, Harrell, Harp, Harrison, Henderson, Hill, Hogan, Hollis, Howell of Lowndes, Howell of Pickens, Hudson, Hulsey, Humber, Hutchins, Irvine, Ivey, Jar.es, Johnson of Clay, Johnson of Johnson, Jordan of Crawford, Jordan of Wilkes, h.endrick, Kimsey, King, Lamb, Lang, Livingston, Luffman, Mathews, Maund, McAfee, McConnell, McGouirck, McLucas, McRae, McWhorter, Miller of Houston, Miller of Liberty, Milner, Mitchell, Mynatt, Nisbet, Northern, Oliver, Paine, Park, Patterson, Paull, Peacock, Perkins, Phillips of Carroll, Phillips of Cobb, Phillips of Coffee, Phinizy, Pike, Polhill, Pope, Prescott, Pucket, Rankin, Redwine, Rt.ese, Riden, Roach, Rober~s, Rogers, Roney, Russell, Scruggs, Shannon, Sharman, Sheffield of Early, Sheffield of Miller, Sibley, Sikes, Sims, Smith of Butts, Smith ot Oglethorpe, Smith of Walton, Strickland, Taliaferro, Tarver, Tate, Tatum, Thomas, Toole, Turner of Brooks, Turner of Cow~ta, Vick, Wall, Walters, 'Valton, \Veehunt, welch, Wheeler, Wilcox, Williams of Columbia, Williams C. W., Willingham, Wilmot, Wilson, Wright, Yancey, Zellner, and Mr. SPEAKER, cast their votes for Mr. Hillyer.
The whole number of votes cast by members of the House of Repre!'entatives was I 59, and the entire number were given to Mr. Hillyer.
The consolidated votes of both Houses were 199. These were cast for .'\1r. Hillyer, who, having received a majority of all the votes cast, and the same being, like-

JouRNAL OF :t"HE SENATE,
wise, a majority of all the members elected to the General Assembly, was, by the President, declared duly and constitutionally elected Judge of the Atlanta Circuit, to fill the vacancy therein caused by the death of the Honorable Cincinnatu~ Peeples.
The President announced the next business in order, an election to fill the vacancy in the Judgeship of the Southwestern Circuit, caused by the death of the Honorable James M. Clarke, and that nominations therefor would be received.
The name of Mr. Charles F. Crisp was placed in nomination, and the General Assembly proceeded to vote vrva vou to fill said vacancy.
The Senators who voted for Mr. Crisp are, to wit : Messrs. Boyd, Bower, Bryan, Cabaniss, Candler, Casey, Clarke, Clements of the 15th, Clifton, Cumming, Drake, DuBose, Duncan, Grantland, Grimes, Hamilton of l.he 14th, Hamilton of the 21st, Harrison, Hawkins, Head, Hodgt;.S, Holton, Howell, H udso 1, Lumpkin, McDaniel, McLeod, Perry, Preston, Russell, Simmons, Speer, Staten, Stephens, Tison of the 4th, Tison of the I oth, Turner, Wellborn, and Mr. PRESIDENT. The whole vote cast by Senators was 39, and these were given to Mr. Crisp. The following is an exhibit of the vote of members of the House of Representatives, to wit : Messrs. Alston, Anderson of Morgan, Anderson of Newton, Anderson of Pulaski, Awtry, Barron, Bell, Bennett, Berry, Bird, Blec.kley, Branch, Brintle, Buchan, Burch, Butler, Butt, Cannon, Carr, Chambers, Chapman, Clegg, Colley, Collins, Cox of Harrris, Crawford, Cunningham, Daniel, Davis of Baker, Davis of Houston, Davison, DeLoach, Duggar, Dupree, Duvall, Farnell, Fitzgerald, Ford, Fort, Fuller, Gammage, Grant, Gray,

NovEMBER 22n; r87R.

127

Glover, Greene of Baldwin, Greene of Madison, Hall, Hammond, Hanks, Harrell, Harp, Harris, Harrison, Henderson, Hill, Hogan, Hollis, Howell of Lowndes, Howell of Pickens, Hudson, Hulsey, Humber, Hutchins, Irvine, lvey, Janes, Johnson of Clay, Jordan of Crawford, Jordan of Wilkes, Kendrick, Kimsey, King, Kirby, Livingston, Luffman, Mathews, Maund, McAfee, McConnell, McGouirck, McLucas, McWhorter, Miller of Houston, Miller ofLiberty, Milner, Mitchell, Mynatt, Nisbet, Northern, Oliver, Paine, Park, Paull, Peacock, Perkins, Phillips of Carroll, Phillips of Cobb, Phillips of Coffee, Phinizy, Polhill, Pope, Puckett, Rankin, Redwine, Reese, Riden, Roach, Roney, Russell, Shannon, Sharman, Sheffield ofEarly, Sheffield of Miller, Sibley, Sikes, Sims, Smith of Butts, Smith of Oglethorpe, SmithofWalton, Strother, Taliaferro, Tarver, Tate, Tatum, Thomas, Toole, Turner of Brooks, Turner of Coweta, Vick, \\'all, Walters, Walton, Weehunt, Welch, Westbrook, Wheeler, Wilcox, Williams of Columbia, Williams C. W., Wilmot, Wilson,
Yancey, Zellner, and Mr. SPEAKER, cast their votes f~r Mr.
Crisp. The whole number of votes cast by the members of the
House of Representatives was! 146, and these were gjven to Mr. Crisp.
The consolidated vote of both Houses was 185, and the whole number ca5t was given to Mr. Crisp.
The Honorable Charles F. Crisp having received a majority of all the votes cast, and the same being, also, a majority of all the members elected to the General Assembly, was declared, by the President, duly elected Judge to fill the vacancy in the Southwestern Circuit caused by the death of the Honorable James M. Clark.
The President announced as next in order, an election to fill the vacancy in the Judgeship of the Macon Judicial

128

JocRxAL oF THE SEXATE

Circuit, caused by the death of the Honorable Barnard Hill, and that nominations therefor would be received.
The name of Mr. William L. Grice was put in nomination, and the General Assembly proceeded to vote 'i/tVa voce to fill said vacancy.
The Senators who voted for Mr. Grice are, to wit: Messrs. Boyd, Bower, Bryan, Cabaniss, Candler, Casey, Clarke, Clements of thersth, Clifton, Cumming, Drake, D:.~Bose, Duncan, Folks, Grantland, Grimes, Hamilton of the I 4th, Hamilton of the 21 "t, Harri;;on, Ha\Ykins, Head, Hodges, Holcombe, Holton, Howell, Hudson, Lumpkin, McDaniel, McLeod, Perry, Preston, Russell, Simmons, Speer, Staten, Stephens, Tison of the 4th, Tison of the 10th, Troutman, Turner, Wellborn, and Mr. PRESI-
DENT.
The whole vote cast by Senators was 42, and these were given to Mr. Grice.
The following exhibit shows the vote of members of the House of Representatives, respectively, to wit:
Me~srs. Adams, Alston, Anderson of Morgan, Anderson of Newton, Anderson of Pulaski, Awtry, Barron, Bell, Bennett, Berry, .Bird, Bleckley, Branch, Brannon, Brantley, Brintle, Buchan, Burch, Butler, "Butt, Cannon, Carr, Chambers, Chapman, Clegg, Collins, Cook, Cox of H.uris, Cox of Troup, Crawford, Cunningham, Daniel, Davis of Baker, Davis of Houston, Davi:;on, DeLoach, Dickin, DuBose, Duggar, Dupree, Duvall, Elder, Farnell, Fitzgerald, Fletcher, Ford, Fort, Fuller, Gammage, Garrard, Grant, Gray, Glover, Greene of Baldwin, Greene of Madison, Hammond, Hanks, Harrell, Harris, Harrison, Henderson, Hill, Hogan, Hollis, Howell of Lowndes, Hudson, Hulsey, Humber, Hutchins, Irvine, lvey, Johnson of Clay, Johnson of Johnson, Jordan of Crawford, Jordan of Wilkes, Kendrick, Kimsey, King, Lamb, Lang, Livings

NovEMBER 22o, 18;8.

12'9

ton, Luffman, Mathews, Maund, McAfee, McConnell, McGouirck, McLucas, McRae, McWhorter, Miller of Houston, Miller of Liberty, Milner, Mitchell, Mynatt, Nisbet, Northern, Oliver, Paine, Park, Patterson, Paull, Peacock, Phillips of Carroll, Phillips of Cobb, Phillips of Coffee, Phinizy, Pike, Polhill, Pope, Prescott, Pucket, Rankin, Redwine, Riden, Roberts, Rogers, Roney, Russell, Shannon, Sharman, Sheffield of Early, Sibley, Sikes, Sims, Smith of Butts, Smith of Oglethorpe, Smith of \Valton, Strickland, Strother, Taliaferro, Tarver, Tate, Tatum, Thomas, Toole, Turner of Brooks, Turner of Coweta, Vick, Wall, Walters, Walton, Weehunt, Westhrook, Wheeler, Wilcox, Williams of Columbia, Williams C. W., Willingham, Wilmot, Wilson, Wright, Yancey, Zellner, and Mr. SPEAKER, cast their votes for Mr. Grice.
The whole number of votes cast by members of the House of Representatives was I 56, and these were given to Mr. Grice.
The consolidated votes of both Houses was 194, and these were cast for Mr. Grice.
The Honorable William L. Grice having received a majority of all the votes cast, and the same being, likewise, a majority of all the members elected to the General Assembly, he was declared, by the President, duly elected to fill the vacancy in the Judgeship of Macon Judicial Circuit, caused by the death of the Honorable Barnard Hill.
The President announced as next in order, an election to fill the vacancy in the Judgeship of the Pataula Circuit, caused by the resignation of the Honorable W. D. Kiddoo, and that nominations therefor would be received, whereupon the name of Honorable Arthur Hood was placed in nomination, and the General Assembly proceeded to vote viva voce to fill said vacancy.
9

130

JouRNAL oF THE SENATE

The Senators who voted for Mr. Hood are, to wit: Messrs. Boyd, Bower, Bryan, Cabaniss, Candler, Casey, Clarke, Clements of the 15th, Clifton, Cumming, Drake, DuBose, Duncan, Grantland, Grimes, Hamilton of the 14th, Hamilton of the 21st, Harrison, Hc.dges, Holton, Lumpkin, McDaniel, McLeod, Perry, Preston, Speer, Staten, Stephens, Tison of the 4th, Tison of the 10th, Turner, and Mr. PRESIDENT. The whole number of votes cast by Senators was 32, and these were given to the Honorable Arthur Hood. The following exhibit shows the vote cast by members of the House of Representatives, respectively, to wit : Messrs. Adams, Alston, Anderson ofMorgan, Anderson of Newton, Anderson of Pulaski, Awtry, Barron, Bell, Berry, Bird, Bleckley, Branch, Brannon, Brintle, Buchan, Burch, Butler, Butt, Cannon, Carr, Chambers, Chapman, Colley, Collins, Cook, Cox of Harris, Cox of Troup, Crawford, Cunningham, Danid, Davis of Baker, Davis of Houston, Davison, DeLoach, Dickin, DuBose, Duggar, Dupree, Elder, Fitzgerald, Fletcher, Ford, Fort, Fuller, Gammage, Garrard, Grant, Gray, Glover, Greene of Baldwin, Greene of Madison, Hall, Hammond, Hanks, Harrell, Harp, Harrison, Henderson, Hill, Hogan, Hollis, Howell of Lowndes, Howell of Pickens, Hudson, Hulsey, Humber, Hutchins, Ivey, Johnson of Clay, Johnson of Johnson, Kimsey, King, Lamb, Livingston, Luffman, Mathews, Maund, Me Afee, McConnell, McDonald, McGouirck, McLucas, McRae, Miller of Houston, Miller of Liberty, Milner, Mitchell, Mynatt, Nisbet, Northern, Oliver, Park, Patterson, Paull, Peacock, Phil lips of Cobb, Phillips of Coffee, Phinizy, Pike, Polhill, Pope, Prescott, Puckett, Rankin, Redwine, Reese, Riden, Roach, Roberts, Rogers, Roney, Russell, Scruggs, Shannon, Sheffield of Early, Sheffiel.d. o( Miller, Sibley, Sikes.

NOVEMBER 22D, I8J8.

I3I

Sims, Smith of Butts, Smith of Oglethorpe, Strickland, Taliaferro, Tarver, Tatum, Thomas, Toole, Turner of Brooks, Walters, \\'alton, Weehunt, \Velch, Westbrook,
Wheeler, Wilcox, Williams of Columbia, Williams C. 'N.,
Willingham, \Vilmot, Wilson, Wright, Yancey, Zellner, and MR. SPEAKER, cast their votes for M. Hood.
The whole number of votes cast by members of the the House of Representatives was 144, and these were given to the Honorable Arthur Hood.
The consolidated vote of both Houses was 176. These were cast for the Honorable Arthur Hood, who having received a majority of all the votes cast, the same being a majority of all the members elected to the General Assembly, was, by the President, declared duly elected to fill the vacancy in the Judgeship of the Pataula Circuit, caused by the resignation of the Honorable W. D. Kiddoo.
The President announced as next in order, an election for Judge to fill the vacancy in the Judgeship of the Flint Circuit, caused by the resignation of the Hon. John I. Hall, and that nominations would be received therefor. \Vhereupon the name of Hon. AlexaJ;~der M. Speer was placed in nomination, and the General Assembly proceed ed to vote viva voce to fill said vacancy.
The Senators who voted for Mr. Speer are, to wit: Messrs. Bower, Bryan, Cabaniss, Candler, Casey, Clarke, Clements of the I sth, Clifton, Cumming, Drake, DuBose, Duncan, Fain, Folks, Grantland, Grimes, Hamilton of the 14th, Hamilton of the 21st, Hawkins, Head, Hodges, Holton, Howell, Hudson, Lumpkin, McDaniel, McLeod, Perry, Preston, Simmons, S~eer, Stephens, Tison of the 4th, Tison of the 10th, Troutman, Turner, and Mr. PRESIDENT. The number of votes cast by Senators was 37, and these
were received by the Hon. Alexander M. Speer.

132

JouRNAL OF THE SENATE

The following exhibit shows the vote of members of the House of Representatives, respectively, to wit:
Messrs. Alston, Anderson of Morgan, Anderson of Newton, Anderson of Pulaski, Bell, Berry, Bird, Bleckley, Branch, Brannon, Brintle, Buchan, Butler. Butt, Cannon, Chambers,Chapman, Collins, Cook, Cox of Harris, Crawford, Cunningham, Daniel, Davis of Houston, Davison, DeLoach, Dickin, DuBose, Duggar, Dupree, Duvall, Elder, Farnell, Fitzgerald, Fletcher, Ford, Fort, Fuller, Gammage, Garrard, Grant, Glover, Greene of Baldwin, Greene of Madison, Hall, Hammond, Hanks, Harrell, H~rp, Harrison, Henderson, Hill, Hogan, Hollis, HowellofLowndes, Howell of Pickens, Hudson, Hulsey, Humber, Hutchins, Irvine, Ivey, Janes, Johnson of Clay, Jordan of Wilkes, Kendrick, Kimsey, King, Lamb, Lang, Livingston, Luffman, Mathews, Maund, McAfee, McConnell, McGouirck, McLucas, McRae, McWhorter, Miller of Houston, Miller of Liberty, Milner, Mitchell, Mynatt, Nisbet, Northern, Oliver, Paine, Park, Patterson, Paull, Peacock, Perkins, Phillips of Catroll, Phillips of Cobb, Phillips of Coffee, Phinizy, Pike, Polhill, Pope, Prescott, Pucket, Rankin, Redwine, Reese, Riden, Roach, Roberts, Rogers, Roney, Russell, Scruggs, Shannon, Sharman, Sheffield of Early, Sibley, Sikes, Sims, Smith of Butts, Smith of Walton, Strickland, Taliaferro, Tarver, Tate, Tatum, Thomas, Toole, Turner of Brooks, Turner of Coweta, Vick, Wall, Walton, W eehunt, \Velch, \Vestbrook, \Vheeler, Wilcox, Williams of Columbia, Williams C. W., Wilmot, Wilson, Wright, Yancey, Zellner, and Mr. SPEAKER, cast their votes for Mr. Speer.
The whole number of votes cast by Members of the House of Representatives was 146, and these were received by Mr. Speer.
The consolidated votes cast by both Houses was 173,

133
and these were given the Honorable Alexander M. Speer, who, having received a majority of all the votes cast, the same being, likewise, a majority of all the members elected to the General Assembly, he was declared, by the President, duly elected Judge, to fill the vacancy in the Judgeship of the Flint Circuit, caused by the resignation of the Honorable John I. Hall.
The President announced, as next in order, an election for Solicitor General of the Ocmulgee Circuit, to fill the vacancy caused by the resignation of the Honorable J. 'vV. Preston, and that nominations for said office would be received, whereupon the names of the following gentlemen were placed in nomination, to wit: Messrs. R. C. Whitfield, F. G. DuBignon, Charles P. Crawford, Fred C. Foster, John W. Lindsey, F. C. Furman, and John A. McWhorter. The General Assembly then proceeded to vote for said office viva voce.
The following Senators cast their votes for Mr. Whitfield, to wit :
Messrs. Cabaniss, Clements of the I5th, Clifton, Drake, Hamilton of the 14th, Hamilton of the 2Ist, Lumpkin, Perry, Spear, and Turner.
The following Ser.ators cast their votes for Mr. DuBignon, to wit:
Messrs. Bryan, and Grantland.
The following Senators voted for Mr. Crawford, to wit: Messrs. Boyd, Casey, Clarke, DuBose, Folks, Harrison, Holton, Hudson, Tison of the 10th, and Troutman.
The following Senators cast their votes for Mr. Foster, to wit:
Messrs. Candler, Cumming, Hodges, Holcombe, How-
ell, Holton, McDaniel, and Wellborn.

134

oF JouRNAL THE SENATE

The following Senators cast their votes for Mr. Fur man, to wit:
Messrs. Bower, Duncan, Fain, Hawkins, Head, McLeod, Simmons, Staten, and Mr. PRESIDENT.
The following Senator cast his vote for Mr. 1\IcWhorter, to wit:
Mr. Stephens. The whole vote cast by Senators, was 42. Of these Mr. Whitfield received 10; Mr. DuBignon received 2 ; Mr. Crawford received 10; Mr. Foster received 8; Mr. Furman received 9, and Mr. McWhorter I vote. The following exhibit shows the vote of members of the House of Representatives, respectively, to wit: Messrs. Adams, Anderson of Morgan, Carr, Colley, Collins, Cunningham, Davis of Baker, Dicken, Elder, Fitzgerald, Greene of Madison, Hall, Henderson, Howell
of Lowndes, Howell of Pickens, Humber, Hutchins, Jor-
dan of Wilkes, Kendrick, McAfee, Oliver, Perkins, Pike, Puckett, Redwine, Riden, Russell, Scruggs, Shannon, Sharman, Sims; Smith of Butts, Smith of Walton, Wheeler, and Wilson, cast their votes for Mr. Foster.
Messrs. Alston, Anderson of Pulaski, Barksdale, Bell, Berry, Burch, Chambers, Cox of Harri,, Cox of Troup, Davis of Houston, DuBose, Duggar, Dupree, Fletcher, Ford, Fuller, Gammage, Gray, Hammond, Harrell, Harris, Hogan, Hollis, Hudson, Lang, Mathews, McRea, Milner, Nisbet, Northern, Paull, Phillips of Carroll, Phillips of Cobb, Phillips of Coffee, Phinizy, Polhill, Prescott, Rankin, Reese, Hoach, Roberts, Rogers, Roney, Sibley, Sikes, Taliaferro, Tarver, Tate, Tatem Thomas, Toole, Vick, Weehunt, Wilcox, Wilmot, Wright, and Zellner, cast fheir votes for Mr. Whitfield.
Messrs. Branch, Brannon, Cannon, Clegg, Cook, Crawford, Davison, DeLoach, Duvall, Farnell, Fort, Garrard,

NoVEMBER 22n, 1878
Harp, Hill, Hulsey, lvey, Johnson of Clay, Kimsey Livingston, Maund, McConnell, McDc~:!!d, Mitchell, Mynatt, Patterson, Pope, Strother, Turner of Brooks, Turner of Coweta, Wall, Walton, Welch, Westbrook, Williams of Columbia. Williams C. W., and Yancey, cast their votes for Mr. Crawford.
Messrs. Awtry, Bird, Brantley, Chapman, Daniel, Janes, King, McWhorter, Park, Smith of Oglethorpe, Strickland, and Willingham, cast their votes for Mr. McWhorter.
Messrs. Lamb, Miller of Liberty, Paine, \Valters, and Mr. SPEAKER, cast their votes for Mr. DuBignon.
Messrs. Butt, Grant, Gi'cene cf Baldwin, Hanks, Harrison, Luffman, McGouirck, McLucas, Miller of Houston, Sheffield of Early, and Sheffield of Miller, cast their votes for Mr. Furman.
Messrs. Buchan, Butler, Glover, Irvine, and Peacock, cast their for Mr. Linosay.
The whole number of votes cast by members of the House of Representatives, was 163. Of these Mr. Whitfield received 58; Mr. DuBignon received 5 ; Mr. Crawford 37; Mr. Foster received 34; Mr. Furman received 10; Mr. McWhorter received 12, and Mr. Lindsay~receiv ed 6.
The consolidated vote ot both Houses was 205. Of these Mr. Whitfield received 68 ; Mr. DuBignon received 7; Mr. Crawford received 47; Mr. Foster received 42; Mr. Furman r:::ceived 19; Mr. Mc\Vhorter received 13, and Mr. Lindsay received 6.
None of the candidates having received a majority of the whole vote cast, the President ordered that the General Assembly proceed with a second ballot.
The names of Calvin George and H. H. Baldwin were placed in nomination for said office, and the names of Messrs. McWhorter, Lindsay, DuBignon, and Furman,

JouRNAL oF THE SENATE,
were withdrawn, and the General Assembly proceeded to vote vva voce.
The Senators who cast their votes for Mr. Whitfield, are, to wit:
Messrs. Bryan, Cabaniss, Clements of the 15th, Clifton, Drake, DuBose, Folks, Hamilton of the 14th, Hamilton of the 21st, Harrison, Head, Holton, Hudson, Lumpkin, McLeod, Perry, Simmons, Speer, Staten, Stephens, Tison of the 10th, Tur~er, and Mr. PRESWE!'T.
The Senators who cast their votes for Mr. Foster are, to wit:
Messrs. Candler, Clarke, Cumming, Duncan, Fain, Grantland, Hodges, Holcombe, Howell, McDaniel, Preston, Russell, Tison of the 4th, and Wellborn.
The Senators who voted for Mr. Crawford are, to wit: Messrs. Boyd, Bower, Casey, Grimes, Hawkins, and Troutman. (The name of Mr. Crawford w.1s withdrawn pending the voting on the second ballot.)
The whole number of votes cast by Senators, was 43 Of these Mr. Whitfield received 23; Mr. Foster received 14, and Mr. Crawford received 6 votes.
The following exhibit shows the vote of members of the House of Representatives, respectively, to wit:
Messrs. Adams, Anderson of Morgan, Anderson. of Newton, Brannon, Brantley, Butt, Carr, Chapman, Colley, Collins, Cunningham, Daniel, Davis of Baker, Dickin, DuBose, Elder, Fitzgerald, Greene of Madison, Hall, Harp, Harrison, Henderson, Howell of Pickens, Humber, Hutchins, Johnson of Johnson, Jordan of Wilkes, Kendrick, Kimsey, McAfee, McLucas, McWhorter, Oliver, Park, Peacock, Perkins, Phinizy, Pike, Pope, Puckett, Redwine, Riden, Russell, Scruggs, Shannon, Sharman, Sheffield of Miller, Sims, Smith of Butts, Smith of Wal-

NovEMBER 2~n, 1878.

137

ton, Strother, Turner of Coweta, Williams C. W., and
Wilson, cast their votes for Mr. Foster. Messrs. Bleckley, Branch, Clegg, Crawford, Duvall,
Farnell, Garrard, Hulsey, Johnson of Clay, McConnell, Mynatt, 'Valton, and Welch, cast their votes for Mr. Crawford.
Messrs. Alston, Anderson of Pulaski, Awtry, Bell, Berry, Bird, Brintle, Buchan, Burch, Butler, Cannon, Chambers, Cook, Cox of Harris, Cox of Troup, Davis of Houston, Davison, DeLoach, Duggar, Dupree, Fletcher, Ford, Fort, Fuller, Gammage, Grant, Gray, Glover, Hammond, Hanks, Harrell, Harris, Hogan, Hollis, Howell of Lowndes, Hudson, Irvine, Ivey, Janes, King, Lamb, Lang, Livingston, Luffman, Mathews, Maund, McDonald, McGouirck, McRae, Miller of Houston, Miller of Liberty, Milner, Mitchell, Nisbet, Northern, Patterson, Paull, Phillips of Carroll, Phillips of Cobb, Phillips of Coffee, Polhill, Prescott, Rankin, Reese, Roach, Roberts, Rogers, Roney, Sheffield of Early, Sibley, Sikes, Smith ot Oglethorpe, Strickland, Taliaferro, Tarver, Tate, Tatum, Thomas, Toole, Turner of Brooks, Vick, Wall, Walters, Weehunt, Westbrook, Wheeler, Wilcox, Williams of' Columbia, Willingham, Wilmot, Wright, Yancey, Zellner, and Mr. SPEAKER, cast their votes for Mr. Whitfield.
The whole number of votes cast by the members of the House of Representatives was I 7 I. Of these Mr. Whitfield received 94; Mr. foster received 54; Mr. Crawford received I 3.
The consolidated vote of both Houses was 202. Of
these Mr. Whitfield re~eived 79; Mr. Foster received 48;
Mr. Crawford received 43 R. C. Whitfield, Esq., of the county of Baldwin, having
received a majority of all the votes cast, which was likewise

JouRNAL OF THE SENATE
a majority of all the members elected to the General As sembly, he was declared, by the President, duly elected Solicitor General of the Ocmulgee Circuit, to fill the vacancy caused by the resignation of Hon. J. W. Preston.
The President announced as next in order, an election of a Solicitor General of the Oconee Circuit, for the term of four years, commencing on the first day of January, I 88o, and that nominations therefor would be received.
The names of Thomas Eason, Esq., of the county of Montgomery, and J. H. Martin of the county of--were placed in nomination, and the General Assembly proceeded to vote viva voce.
The Senators who voted for i\1r. Eason are, to wit: Messrs. Boyd, Bower, Candler, Clarke, Clements of the I sth, Clifton, Drake, Duncan, Folks, Hamilton of the 14th, Hamilton of the 21 <>t, Harrison, Head, Hodges, Holton, Lumpkin, McLeod, Preston, Simmons, Spee", St::~.ten, Tison of the 4th, Tison of the 10th, 'vVdlborn, and Mr.
PRESIDENT.
The Senators who voted for Mr. Martin are, to wit: Messrs. Bryan, Cabaniss, Casey, Cumming, DuBose, Grantland, Hawkins, Holcombe, Howell, Hudson, McDaniel, Perry, Russell, Stephens, and Turner. The whole number of votes cast by Senators was 40. Of these Mr. Eason received 25, and Mr. Martin received IS. The following exhibit shows the vote of the members of the House of Representatives, to wit: Messrs. Adams, Alston, A wtry, Bell, Berry, Bird, Bleckiey, Brancl1, Brann::-~, Buchan, Burch, Butler, Butt, Ca:-mon, Chambers, Colley, Cook, Cox of Troup, Crawford, Daniel, Davispn, DeLoach, Dickin, DuBose, Duggar, Dupree, Duvall, Fitzgerald, Fletcher, Ford, Fort, Fuller, Gammage, Garrard, Grant, Gray, Glover, Greene of Madison, Hall, Hanks,Harp, Harris, Harrison, Hender-

NovEMBER 22n, 1878.
son, Hogan, Hollis, Howell of Lowndes, Howell of Pickens, Hudson, Hulsey, Humber, Ivey, Janes, Johnson ofClay, Jordan of Wilkes, Kendrick, Kimsey, King, Lang, Living~ton, Luffman, Mathews, McAfee, McGouirck, McLucas, McRea, Miller of Liberty, Milner, Mynatt, Nisbet, Oliver, Paine, Patterson, Paull, Peacock, Phillips of Cobb, Phillips of Coffee, Phinizy, Pike, Pope, Prescott, Puckett, Rankin, Redwine, Reese, Roach, Roberts, Rogers, Roney, Russell, Scruggs, Shannon, Sharman, Sibley, Sikes, Sims, Smith of Butts, Smith of Oglethorpe, Smith of Walton, Strickland, Strother, Tarver, Tate, Thomas, Toole, Turner of Brooks, Turner of Coweta, Walters, Walton; Weehunt, Welch, Westbrook, Wheeler, Wilcox, Williams C. W., Willingham, Wilson, Wright, Yancey, Zellner, and Mr. SPEAKER, cast their vote~ for Mr. Eason.
Messrs. Anderson of Morgan, Anderson of Pulaski, Briotie, Chapman, Clegg, Collins, Cox of Harris, Cunningham, Davis of Baker, Davis of Houston, Elder, Farnell, Greene of Baldwin, Harrell, Hutchins, Irvine, Lamb, Miller of Houston, Mitchell, Phillips of Carroll, Polhill, Taliaferro, Vick, Wall, Williams of Columbia, and Wilmot, cast their votes for Mr. Martin.
The whole vote cast by members of the House of Representatives was 144. Ofthis number Mr. Eason receiveC: :21, and Mr. Martin received 23.
The consolidated vote of both Houses was 184. Of these Mr. Eason received 146, and Mr. Martin received 38.
Thomas Eason, Esq., having received a majority of all the votes ca~t, the same being likewise a majority of all the members elected to the General Assembly, was, by the President, declared duly elected Solicitor General of the Oconee Circuit, for the term of four years, commencing on the first day of January, 188o.

JouRNAL oF THE SENATE
The following is a recapitulation of the eiectlons for Judges and Solicitors General by the General Assembly, on the 21st and 22d days of the present month, under and by virtue of the following joint resolution, to wit:
Be tt resolved by the Senate and House of Representatives,
That the two Houses of the General Assembly will assemble in joint session, on Thursday, 21st instant, at I 1 o'clock a. m., for the purpose of electing Judges of the Superior Court for the following circuits, and in the following order, fortheterm of four years, said term to begin January Ist, I879, to wit:
Ist. Augusta Circuit. 2d. Brunswick Circuit. 3d. Flint Circuit. 4th. Macon Circuit. 5th. Middle Circuit. 6th. Ocmulgee Circuit. 7th. Pataula Circuit. 8tlt. Rome Circuit. 9th. Southern Circuit. 10th. \Vestern Circuit. Resolved, That an election be held to fill vacancies in the following named circuits, to wit: A vacancy in the Atlanta Circuit, caused by the death of the Honorable C. Peeples, the term to end January Ist, I88o; a vacancy in the Southwestern Circuit, caused by the death of the Hon orable James M. Clark, the term to end J anuarv Ist, I881 ; a vacancy in the Macon Circuit, caused by the death of the Honorabie Barnard Hill, the term to end January Ist, I879; a vacancy in the Pataula Circuit, caused by the resignation of the Honorable W. D. Kiddoo, the term to end January Ist, I879; a vacancy in the Flint Circuit, caused by the resignation of the Honorable John I. Hall,
the term to end January Ist, I879 That an election is to

NOVEMBER 22D, 18]8.
be held of a Solicitor General for the Ocmulgee Circuit, to fill the unexpired term of Joseph W. Preston, resigned, the term to end January 1st, 1881, and an election of a Solicitor General for the Oconee Circuit, for the term of four years, beginning January 1st, 1880.
The Honorable Clairborne Snead was elected Judge of the Augusta Circuit.
The Honorable John L. Harris, of the Brunswick Circuit.
The Honorable Alexander M. Speer, of the Flint Circuit.
The Honorable Thomas J. Simmons, of the Macon Circuit.
The Honorable Herschel V. Johnson, of the Middle Circuit.
The Honorable Thomas J. Lawson, of the Ocmulgee Circuit.
The Honorable Arthur Hood of the Patuala Circuit. The Honorable John W. H. Underwood, of the Rome Circuit. Tne Honorable Augustin H. Hansell, of the Southern Circuit ; and The Honorable Alexander S. Erwin of the Western Circuit-each for the term of four years, beginning January 1st, 1879. The Honorable George Hillyer was elected Judge of the Atlanta Circuit, to fill the vacancy caused by the death of Honorable C. Peeples, his term to end January 1st, 188 I. The Honorable C. F. Crisp was elected Judge of the Southwestern Circuit, to fill the vacancy caused by the death of Honorable James M. Clark, the term to end January Ist, 1881. The Honorable W. L. Grice was elected to fill the vacancy in the Macon Circuit, caused by the death of the

JouRNAL oF THE SENATE
Honorable Barnard Hill, the term to end January Ist,
1879 The Honorable Arthur Hood was elected Judge of the
Pataula Circuit, to fill the vacancy caused by the resignation of Honorable W. D. Kiddoo, the term to end January 1St, 1879.
The Honorable Alexander M. Speer was elected J udgc of the Flint Circuit, to fill the vacancy caused by the resignation of Honorable John I. Hall, the term to end January 1st, 1879.
Robert C. Whitfield, Esq., of the county of Baldwin, was elected Solicitor General of the Ocmulgee Circuit, to fill the vacancy caused by the resignation of the Honorable Joseph W. Preston, the term to end on the Ist of January, I 88 I.
Thomas Eason, Esq., ofthe county ofMontgomery, was elected Solicitor General of the Oconee Circuit, for the term of four years, commencing January Ist, I880.
The elections under the foregoing resolutions having been completed, the General Assembly, on motion dissolved.
The Senators in a body returned to the Senate Chamber, and were called to order by the President. The Senate, on motion, adjourned until 10 o'clock a.m., to-morrow.

SENATE CHAMBER, } Saturday, Nm,ember 23d, I878, 10 o'clock a.m.

The Senate met pursuant to adjournment, the President

in the chair.

Prayer by the Rev. Dr. Thomas.

On the call of the roll the following Senators answered to

their names, to wit-Messrs.

Boyd

Folks

McLeod

NoVEMBER 23n, 1878.

143

Bower

Grantland

Perry

Bryan

Grimes

Preston

Cabaniss

Hamilton of the21stRussell

Candler

Harrison

Simmons

Casey

Hawkins

Speer

Clarke

Head

Stephens

Clements ofthe I sthHodges

Tison of the 4th

Clifton

Holcombe

Tison of the 10th

Cumming

Holton

Turner

Drake

Howell

Wellborn

DuBose

Hudson

MR. PRESIDENT

Duncan

Lumpkin

Fain

McDaniel

The Journal was read and approved.

The following message was received from his Excellen-

cy the Governor, through Mr. Avery, his Secretary, to

wit:

j'yfr. President:

I am directed by his Excellency the Governor, to deliv-

er to the Senate a sealed communication, to which he re-

spectfully invites the consideration of your honorable body

in executive session.

Mr. McDaniel, Chairman of the Committee on the Judi-

ciary, made a report on certain bills referred to said com-

mittee.

The Senate took up the message of the House of Rep-

resentatives, in which the refusal of that body to recede

from their amendment to the bill of the Senate, in relation

to the manner of giving notice of intention to apply to the

General Assembly for the enactment of local legislation,

and their request for a committee of conference thereon

was communicated to the Senate.

Mr. McDaniel moved that the Senate adhere to its re-

fusal to agree to the said amendment of the House of

144

JocRNAL OF TRE SENATR

Representatives, and consent to the appointment of a com-

mittee of conference.

Mr. Wellborn moved that the Senate recede from its

refusal to agree to the same.

The vote was taken first on the motion to recede from

the refusal of the Senate to agree to the House amend-

ment.

On this proposition the yeas and nays, by Mr. Staten,

were required to be recorded.

Those who voted in the affirmative are, to wit-Messrs.

Bryan

Fain

Russell

Candler

Hamilton ofthe2 1stSimmons

Clarke

Head

Staten

Clements ofthe I sthHodges

Turner

Drake

Holcombe

Wellborn

Duncan

Holton

Those who voted in the negative are, to wit-Messrs.

Boyd

Grantland

McLeod

Bower

Grimes

Perry

Cabaniss

Harrison

Preston

Casey

Hawkins

Speer

Clifton

Howell

Stephens

Cumming

Hudson

Tison of the 4th

DuBose

Lumpkin

Tison of the 1oth

Folks

McDaniel

Ayes, 17. Nays, 23.

So the motion to recede did not prevail.

The motion of Mr. Daniel to adhere to the refusal to

agree to the amendment of the House of Representatives,

and that a committee of conference be appointed, was sub-

mitted and prevailed.

Leave of absence was, on motion of Mr. Cabaniss,

granted Mr. McLeod, to allow his attendance upon the

United States Court at Savannah.

NovEMBER 230, 1878.

145

The President announced Messrs. Hawkins, Stephens, and Howell as the committee of conference, on the part of the Senate, on the foregoing amendment of the House of Representatives.
The Senate, on motion, went into executive session, and having remained -,orne time therein, returned to open session.
The folloY:ing bills were read the second time, and passed to a third reading, to wit:
A bill "To amend section 244 of the Code of 1873, m relation to charges of Judges of the Superior Courts to juries, so that said Judges shall hereafter be required to give their charges to the jury in writing, in all cases tried before them, and for other purposes."
A bill ''To regulate the advertisements of sales by Sheriffs and Administrators."
A bill "To amend section 3854 of the Code, concerning witnesses."
A bill "To prescribe fees of Solicitors of County Courts, where the same are not prescribed by law ;" a 1d
A bill To amend section 3,972 of the Code of Georgia, in regard to Sheriff's sales."
The following bills were taken up for a second reading, and, on motion, laid on the table for the present, to wit :
A bill ''To regulate appeals in Justices Courts;" and A bill ' To ~arry into effect paragraph 2d in section 7th of the Constitution of this State, in r~lation to appeals pending trials." The bill "To facilitate business in the Courts, and prevent mistrials in civil ca!'>es," was, on motion of Mr. Perry, made the special order for Thursday, November 28th.
Mr. Turner offered a resolution "To consolidate the Committees of the Senate and House of Representatives on
10

JoURNAL oF THE SENATE
the Penitentiary, into one committee of the General Assembly."
The same was taken up, read and agreed to.
Mr. Turner, also, offered a resolution "To add the Honorable J. P. Tison to the Committee on the Penit-:?ntiary," which was taken up, read and agreed to.
The Senate took up as the report of the Committee of the Whole, the bill "To authorize common carriers, to sell all unclaimed goods and deposit the net proceeds in some bank."
The Judiciary Committee, to whom the same was referred, reported as a substitute therefor a bill "To authorize the sale, by common carriers, of all freight unclaimed, and the deposit, in bank, of the net proceeds of. sale, to await the claim of the owners, and fer othc.; pu.-puses."
The substitute was adoptee.:. The report as amended was agreed to.
The bill was read the third time, and passed as amended, by the regular constitutional majority ; there being ayes, 35; nays, -.
The Senate took up, as the report of the Committee of Whole, the bill to amend the Claim Laws."
The report was agreed to. The bill was read the third time, and after argument thereon, Mr. Fain called for the previous question. The call was sustained, and the main question was put, to wit: "Shall the biil now pass?"
Upon the casting up of the vote, it appeared that the bill had not received the required constitutional majority, and the same was, therefore, lost.
On motion of Mr. Holton, the rules swere suspended, and he introduced a bill "To amend the Superior Court calenendar of this State, so as to change and fix the time of holding the Superior Courts in the Brunswick Circuit."

NoVEMBER 25TH, 1878.

147

The same was read the first time and ordered to be engrossed.
The Senate, on motion, adjourned until 10o'clock a. m. Monday.

SENATE CHAMBER, } Monday, November 25, 1878, 10 o'clock a. m.

The Senate met pursuant to adjournment, the President

in the chair.

Prayer by the Rev Mr. Macauley.

On the call of the roll the following Senators answered

to their names, to wit-Messrs.

Boyd

Duncan

McDaniel

Bower

Fain

McLeod

Cabaniss

Folks

Perry

Candler

Grantland

Preston

Casey

Grimes

Russell

Clarke

Harrison

Simmons

Clementsof the15thHead

Speer

Clementsof the44thHodges

Staten

Clifton

Holcombe

Stephens

Cumming

Holton

Tison ofthe 4th

Drake

Howell

Turner

DuBose

Hudson

Wellborn

Lumpkin

MR. PRESIDENT.

The Journal was read and approved.

Leave of absence, for to-day, was granted on motion of

.Mr. Cabaniss, to Messrs. Candler, Hamilton of the 21st,

and DuBose, as a sub-committee of the Committee on F i-

nance, appointed to examine the books of the Treasurer.

Mr. McDaniel moved to reconsider so much of the

Journal of Saturday as relates to the action of the ~ u ate

in refusing to pass the bill "To amend the claim laws."

JouRNAL oF THE SENATE
The hour of 11 o'clock a. m. having arrived, and there being a special order for that hour, Mr. \Vellborn moved that the same be discharged until immediately after the disposal of the motion to reconsider.
This motion did not prevail, and the SIJecial order was, therefore, taken up, to wit :
A bill "To carry into effect section 7, paragraph 9 of the Constitution of this State, in relation . to the appointment of some person to preside in cases where the presiding Judge is disqualified.''
The Judiciary Committee, to whom the bill was referred, proposed the following as amendments thereto, to wit: " 1st. Amend caption by adding thereto, 'A bill to be entitled.' zd. Also, after the word ' nine' in the caption, insert 'Article IV.' 3d. In the 15th line of 1st section, insert the words: ' In any civil case.' Amend 20th line of said section by striking out the words: '?raetieing in the Courts,' and i:1sertin!{ in iieu thereof the words: 'Of this State.' Amend zd s<::ction, 28rh line, by striking out the words: 'All cases aforesaid,' and inserting in lieu thereof the words : ' All such cases.' Amend section zd further, by striking out the words: ' Practicing in that Court,' and inserting of ' Of this State.' "
Mr. Hodges moved to amend, by adding after the word '' Court" where it occurs in the zd section of the bill, the words: "Sheriff and Ordinary."
Mr. Harrison offered as a substitute for the original bill and proposed amendments, a bill ''To organize Judicial divisions throughout the State, to equalize the business and labor of the Judges of the several circuits, and to otherwise improve the Judicial system of this State." :Mr. Lumpkin proposed to amend the substitute as follows, to. wit: By striking out of the 4th and 5th lines of
section 3, the words: ''The Judge ho~ding the senior or

oldest commission," and inserting in lieu thereof the words:

''In the division containing only two Judges, the senior

Judge in age, and in all the other divisions a majority of

the three Judges."

Mr. Harrison offered to amend the substitute by add-

ing the following to the 3rd section thereof, to wit: ''Provi-

ding each Judge shall hold one entire riding in each of the

other Circuits of his division, before holding the Courts of

his own circuit, and this rule shall be continuously ob

served by said Judges in arranging the order of holding .

the Courts of their respective divisions." The same. was

received.

The question recurring upon the proposed amendment

of Mr. Lumpkin the same was received.

Mr. Bower moved to lay the whole subject matter on

the table. This motion did not prt>vail.

Mr. Bower then moved to recommit the whole subject.

matter to the Judiciary Committee, which motion did !1 ot

prevail.

Mr. Fain called for the previous question. The call was

sustained, and the main question was put, to wit : The

adoption of the substitute, as amended, for the original bill'

and the proposed amendments thereto.

On this proposition Mr. Harrison required that the

yeas and nays should be recorded.

Those who voted in the affirmative are, to wit-Messrs.

Cliiton

Folks

Hudson

Cummir.gs Duncan Fain

' GrantlanJ Harrison Head

Lumpkin Russell Tison~of the 4th,

MR. PRESIDENT.

Those who voted in the negative are, to wit-Messrs,

Boyd

Drake

Simmons

Bower

Hodges

Speer

150

JouRNAL oF THE SENATE

Cabaniss

Holcombe

Staten

Clarke

Holton

Stepheni

Clements of the44thMcDaniel

Turner

Perry

Wellborn

Ayes, 13. Nays, 17.

So the substitute, as amended, was not adopted.

The question then recurred on the proposed amend-

ment of Mr. Hodges. The same was not received.

The amendments proposed by the Committee on the

Judiciary were severally received, and the report, as

amended, was agreed to. The bill was read the third

time, and on the question of its passage, as amended, Mr.

McDaniel required the yeas and nays to be recorded.

Those who voted in the affirmative are, to wit-Messrs.

Boyd

Folks

Russeli

Candler

Grimes

Simmons

Clarke

Hamilton of thez 1stSpeer

Clementsofthe44thHead

Stephens

Clifton

Hodges

Tison of the 4th

Cumming

Holcombe

Turner

DuBose

Lumpkin

Wellborn

Duncan

McDaniel

MR. PRESIDENT

Fain

Perry

Those who voted in the negative are, to wit-Messrs.

Bower

Harrison

Hudson

Drake

Holton

Staten

Grantland

Ayes, 26. Nays, 7

So the bill, as amended, was passed by the requisite

constitutional majority.

The following message was received from his Excellency

the Governor, through Mr. A very, his Secretary, to wit :

Mr. President:

I am directed by his Excellency the Governor, to deliv~

r8;8 NoVEMBER 26TH,

IS I

et to the Senate a sealed communication, to which the consideration of your honorable boriy is invited in executive session
The Senate resumed consideration of the motion to reconsider, the disposal of which had been deferred by the special order for the day.
Pending argument thereon, the hour of adjournment ,
arrived, Mr. Clarke having the floor, and the Senate (Mr. Cumming in the Chair) was adjourned until 1 I o'clock a. m., to-morrow.

SENATE CHAMBER, } Tuesday, November 26, r8;8, 10 o'clock a. m.

The Senate met pursuant to adjournment, the President in the chair.
Prayer by the Rev. Dr. Martin. On the call of the roll the following Senators answered

to their names, to-wit-Messrs.

Boyd

Grimes

Preston

Bryan

Hamiltonof the 21stRussell

Cabaniss

Harrison

Simmons

Candler

Hawkins

Speer

Casey

Head

Staten

Clarke

Hodges

Stephens

Clifton

Holton

Tison of the 4th

Drake

Howell

Troutman

DuBose

Hudson

Wellborn

Duncan

Lumpkin

MR. PRESIDENT.

Folks

McDaniel

Grantland

Perry

The Journal was read and approved.

On motion of Mr. Russell, so much of the Journal of

JouRNAL OF THE SENATE

yesterday was reconsidered as relates to the bill ''To carry into effect section 7, paragraph 9 of the Constitution of the State, ''in relation to the appointment of some person to preside in cases where the presiding Judge is disqualified," said motion embracing, als0, the action of the Senate on the substitute offered thereto, with amendments.

The motion to reconsider prevailed. On motion of Mr. McDaniel, the reconsidered matter was taken up for final disposition.

Mr. Russell withdrew the substitute.

The amendments proposed by the Committee on the Judiciary to the original bill, as spread in full upon the Journal of yesterday, were received.

The amendment proposed by Mr. Hodges, which was, also, spread upon the Journal of yesterday, was not received.

The report, as amended, was agreed to. The bill was read the third time, and on the question of its passage, the yeas and nays were (by Mr. Speer) required to be recorded.

Those who voted in the affirmative are, to wit-Messrs.

Cabaniss

Fain

Lumpkin

Candler

Grantland

McDaniel

Casey

Grimes

Perry

Clarke

Hamilton of thez I stPreston

Clements of the44thHawkins

Russell

Cumming

Head

Simmons

Drake

Hodges

Speer

DuBose

Holcombe

Stephens

Duncan

Holton

Tison of the 4th

Howell

Well born

NovEMBER 26TH, 1878.'

153

Those who voted in the negative are, to wit........Messr.>.

Bower

Clifton

Staten

Bryan

Hudson

Ayes, 29. ~ays, S

So the bill, as amended, was passed, having received

the requisite constitutional. majority.

Leave of absence was granted Mr. Boyd of the 32d,

and Mr. Clements of the I sth, on account of sickness.

On motion of Mr. Fain, leave of absence was granted the Committee on the Penitentiary, to give them time to visit that institution.
Mr. Cumming, under a suspension of the rules, offered the followi~g resolution, which was taken up, read and agreed to, to wit:

Resolved, That those subjects of legislation upon which the Constitution makes it obligatory. on this General Assembly to legislate, to wit : Lobbying, concealment o( property by debtors, sale of spiritous liquors on election , days. railroad ta..iffs, profits from use of public money, compensation and selection ofjurors, homestead, appropr.iation bills, and tax acts, be, until they are finally acted upon by the Senate, entitled to precedure over all other business before the Senate.
On motion of Mr. Hodges, the rules were suspended, when he offered the following resolution, which was taken up, read and agreed to, and ordered to be transmitted to the House of Representatives, forthwith, to wit:

''Resolved, That a committee of ten be appointed by the Senate, to act with a committee of twenty appointed by the House of Representatives; for the purpose of equalizing the work in the Judicial Circuits of thisState, and that said committee report the result of their action at as early a day as practicable.

154

JouRNAL oF THE SENATE

The Senate resumed consideration of the unfinished busi-

ness of yesterday, to wit: The motion to reconsider so

much of the Journal of Saturday as relates to the refusal of

the Senate to pass the bill ''To amend the claim laws."

Pending discussion of the same, the hour of I I o'clock

a. m. arrived, for which hour a special order had been set

down.

On motion of Mr. Cumming, the special order was dis-

charged until immediately after the disposal of the pending

proposition to reconsider, and the Senate proceeded there-

with.

After discussion thereon, Mr. Russell called for the pre-

vious question. The call was sustained, and the main

question was put.

On this Mr. Preston required the yeas and nays to be

recorded.

Those who voted in the affirmative are, to wit-Messrs.

Bower

Folks

Perry

Bryan

Hamilton of the2 IstRussell

Candler

Hawkins

Speer

Casey

Head

Staten

Clarke

Holton

Stephens

Clifton

Howell

Troutman

Cumming

Hudson

Wellborn

Drake

Lumpkin

MR. PRESIDENT.

Duncan

McDaniel

Those who voted in the negative are, to wit-Messrs.

Cabaniss

Grantland

Holcombe

Clements of the 44thGrimes

Preston

DuBose

Harrison

Simmons

Fain

Hodges

Tison of the 4th

Ayes, 26. Nays, I2.

So the motion to reconsider prevailed.

The President announced as the committee of the Sen-

t55
ate, under the resolution relative to the equalization of labor of the Judicial Circuits of this State, Meesrs. Hodges, Holcombe, Boyd, Cumming, Russell, Clements of the 44th, Bryan, Holton, Staten, and Hudson.
The special order for the day was taken up, to wit: A bill ''To reduce and regulate the fees of Tax Receivers and Collectors in all the counties of this State, and for other purposes."
The same was on its third reading, the question being, the agreement to the report of the Committee of the Whole.
The Committee on Finance reported a substitute for the original bill, which is a bill "To reduce and regulate the fees of Tax Receivers and Tax Collectors in all the coun ties of this State, to repeal all the local laws relating thereto, and for other purposes."
Mr. Cumming moved to amend the substitute, by striking out the second section thereof. Pending argument thereon, Mr. Cumming having the floor, the hour of adjournment arrived, and the President declared the Senate adjourned until 10 o'clock a. m., to-morrow.

SENATE CHAMBER,

}

Wednesday, November 27, 1878, 10 o'clock a. m.

The Senate met pursuant to adjournment, the President in the Chair.
Prayer by the Rev. Dr. Spalding. On the call of the roll the following Senators answered to their names, to wit-Messrs.

Boyd Bower Bryan

Folks Grantland Grimes

McDaniel Perry Russell

jouRNAL OF THE SENAT~

Cabaniss

Hamilton ofthe21 stSimmons

Candler

Harrison

Speer

Clementsof the44th Head

Staten

Clifton

Hodges

Stephens

Cumming

Holcombe

Tison of the 4th

Drake

Holton

Wellborn

DuBose

Howell

.MR. PRESIDENT.

Duncan

Hudson

Fain

Lumpkin

The Journal was read and approved. Under a suspension of the rules, Mr. McDaniel, chairman of the Judiciary Committee, made a report on certain bills, which was read. The report of the Judiciary Committee, which was ad verse to the passage of the following bills, was agreed to, and the bills, therefore, lost, to wit: A bill "To amend section 3962 ofthe Code; as to the county in which mortgages on realty shall be foreclosed.'' A biB "To amend section 4696 of the Code of 1873" A bill "To make transfers by insolvent debtors pnma facie void;" and A bill ''To amend section 6ro of the Code of Georgia." Mr. Folks, chairman of the Committee on the Asylum for the Deaf and Dumb, made the following report, which was read, and, on motion of Mr. Cabaniss, one hundred copies thereof ordered to be printed for the use of the Senate, to w1t :

REPORT Oj tlwfoint Committee of tlze Smate and House.. of Rffre&m-
ta#ves upon the Institution for tlze Deaf and Dumb:
To tlze Senate and House oj Representatives: The Committees 1Jpon the State's Institution for the-
Deaf and Dumb jointly made a visit to- the Institution on

NovEMBER 27TH, 1878.

I 57

Wednesday, the 13th in.st. The day was spent in investi_gating. the condition of the buildings and grounds, in carefully examining into the management of the Institution, and in observing the exercises in the school rooms, so as .to ascertain the benefits accruing to the deaf mute wards ..of the State. The books of the Secretary, and Treasurer, -and of.the Principal, were submnted to the committee, with vouchers for every dollar expended, which were examined, and found to be coaect in every particular. The thorough system which characterizes the books and vouchers of these officers elicited the admiration of the examining committee.
On our committees were seven gentlemen who were , members of the committees on this Institution from the .last Legislature, and who visited it in January, 1877. These members of our committees are unanimous in the expression that a vast improvement characterizes the con. clition of the Institution, over that in which the: last com.rnittee found it. Neatness and order pervades every de. partment. In the management, we can see nothing de.serving adverse criticism. \Ve are satisfied that the Trustees and officers have done everything in their power for the good of the unfortunate children, while, considering 'the increased attendance, th-: managf'ment has been economical.
The appropriation made by the Legislature of 1877, was $12,000.00, for the support of the white Institution, with forty children in attendance. The Constitutional Convention~ after abolishing the session of the Legislature for January last, continued, for 1878, the same appropriation as for 1877.
The attendance during the present year ran. as high as ...sewenty-three-,.nearly double the number for which the !appropriation of $12.000. oo was made. The .appropria-

t;8

JouRNAL OF THE SENATE

tion for the present year will not cover the expenses of the Institution, and, in the approp~iation for 1879 and 1880, an allowance must be made to cover this deficiency, which is estimated at about $I, 500.00.
When the attendance reached seventy, the Institution was too much crowded to justify the Superintendent b receiving a larger number of children. Thirty-seven gids were compelled to occupy two sleeping rooms, there being but two apartments for the girls. The beds in these rooms are literally touching each other. We most heartily indorse the statement in the report of the Board; that this is not as it should be ; that it is not conducive to health, convenience or modesty. Again, there is no part of the building which can be spared for an infirmary or hospital apartment-an imperative requisite in an Institution of this kind, where so many persons are together, and where contagious diseases may at any time appear.
In view of the inadequacy of the room for even the present attendance on the Institution, and the certainty of a continuance in the future, we recommend an appropriation for the immediate construc:ion of an addition to the present building, which shall comprise six school rooms, a chapel, a library room, an office room, and an exhibition hall for the children. Then the apartments in the present buildings, used for the purposes above named, can be remodeled and used as dormitories. Almost the entire interior of the present building should be remodeled, as its present internal construction is most awkwardly designed
being neither convenient nor economicai in arrangement.'
'vVe recommend that the new building shall be constructed in a substantial manner, as it would be poor economy for the State to erect a building which would have, at some time, to be rebuilt. It should also furnish accommodation for two hundn:d childn:n, for it is probable that with

NOVEMBER 2]TH, 18]8.

159

the large number of this unfortunate class in our State, the attendance will, within a few years, approximate, if not reach that number.
The State purcbsed in 1876, property located near the Institution, to be us-:d as an Institute for colored deafmute children of the State, under the direction of the Board of Trustees of the present Institution. To complete the repairs on this property, requisite for the reception of the colored mutes, some two thousand dollars must be expended. Then, furniture, school books and apparatus, and every necessary convenience for the support and instruction of this class, are to be supplied.
The money which the Board of Trustees have had to expend, has been insufficient to enable them to rr..ake all the rcp:dr$ and improvements r.<:cded upor. t:1e premises of the Institution for the white children. It is important that sewerage be at once provided for the drainage of the grounds about the building. The physician of the Institution calls upon the Trustees not to delay this. A laundry is needed, there being no house on the premises that can be used for this purpose. A barn house and stable are greatly needed, considerabie fencing, and various important repairs upon the property.
For the support of the two Institutions, white and colered, and for the making of the needed repairs upon both, the Board of Trustees, in their report, ask for $25,000 per annum, for the years 1879 and 1880. In view of the depressed condition of the financial affairs of the State, we have decided to recommend that the annual appropriation for support and incidental expenses be $20,000 instead of $25,000. This, we believe, will be necessary to properly provide for the Institution. It will be remembered that, aside from sustenance alone, the expenses of instructors, officers ofthe Institutions, and attendants upon the afflict-

t6o

JouRNAL oF THE SENATE,

ed childr.en,.have to be paid; and, on account of their .poverty, a large number of them have also to be clothed. We also recommend that, instead of the $25,000 asked for by the Board, for the constructbn of an additional building, $20,000 be. appropriated fc:- building purposes and 1cpairs.
Our observations satisfy us that the educatiunal interests of the deaf and dumb are well subserved at our Institution. We desire also to say, that the importance of this charity cannot be over estimated. This class of our afflicted ftl!O"A'cjtizens are wholly dependent upon this Institution for education. Here they receive instruction which they can nowhere else receive, enabling them to communicate wit': their fellow-men. They are also taught trades, enabling them to Le self-supporting when their terms of schooling dre ended.
W. B. FOLKS, Chairman Senate Committee.
W.M. WILLINGHAM, Chairman House Committee.
Thefollowing message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof, to wit: Mr. Presidnt:
The House of Representatives have concurred in the following resolution of the-Senate, to-wit:
''A resolution to appoint a joint committee to equalize work in Judicial Circuits," and have appointed as such committee on the part of the House, Messrs. Chambers, chairman; Daniel, Dicken, Hulsey, Farnell, Williams of Columbia, Smith of Walton, Lang, Hudson, Luffman, Berry, Davis of Houston, Peacock, Barksdale, Wall, Dozier, Tali,:lferro, Vick, Riden; and Fletcher, and lam instrUcted to transmit the same to the Senate forthwith.

NOVEMBER 27TH, 1878.

161

On motion of Mr. Cabaniss, the rules were suspended,

and the call of the roll for the introduction of new matter

was ordered.

The following bills were introduced, read the first time

and referred to the Committee on the Judiciary, to wit:

By Mr. Bower-

.

A bill "To define a judgment note, authorize the same

to be given, prescribe the manner of giving and enforcing

the same, and for other purposes therein mentioned."

By Mr. Cumming-

A bill ''To enlarge the powers of, and to amend the laws

regulating proceedure in the Superior Courts of this State,

so as to facilitate the trial of causes, and speed the adminis-

tration of justice."

By Mr. Duncan-

A bill "To amend section 453 I of the Code of the State

of Georgia. ''

By Mr. Fain-

A bill to change the time of holding the Superior Court

in the county of Gordon."

By. Mr. Head-

A bill "To change the time of holding Superior Courts

of the counties of Harrelson and Floyd ;" and

By Mr. Preston-

A bill "To amend section 3694 of the Code of 1873."

The following bills were introduced, read the first time,

and referred to the Committee on Finance, to wit :

By Mr. Holton-

A bill "To relieve John Wilcox and William Ryals, se-

curities on the the bond of Archibald H. Graham, Tax

Collector of Telfair county;" and,

By Mr. Cabaniss-

A bill ''To regulate Tax Receivers as to receiving re~

turns from agents."

II

162

JouRNAL OF THE SENATE

Mr. Holton introduced a bill "To repeal sections I 305 and I 309 of the Code of I 873.'' which was read the first time and referred to the Committee on the State of the Republic.
Mr. Head introduced a bill ''To require the Ordinaries of the different counties of this State to let the printing pertaining to the offices of Ordinary, Sheriff and Clerk of the Superior Court of their respective counties, to the lowest bidder." The same was read the first -time and referred to the Committee on Public Printing.
Mr. Hudson introduced a hill "To alter and amend section 4th of an act to render more efficient and economical the inspection and analysis of fertilizers, and to amend the laws in relation to the inspection, analysis and sale of the same, approved 26th of February, I877." The same was referred to the Committee on Agriculture.
Under a suspension of the rules, Mr. Folks offered a resolution in relation to the reduction of postage on certain official publications of State Boards and Departments of Agriculture," which was taken up, read and agreed to.
Mr. Head offered a resolution "Authorizing the Com mittee on Journals turn to the Journals over to the Public Printer." The same was taken up, read and agreed to.
Mr. Clark, chairman of the Committee on Corporations, made a report which was read.
Leave of absence, was, on motion of Mr. Clemer.ts, granted Mr. Troutman, on special business.
The hour of I I o'clock a. m. having arrived, and there being a special order for that hour, the same was, on motion of Mr. Cabaniss, discharged until immediately after the disposal of the unfinished business of yesterday.
On motion of Mr. Preston, the rules were suspendedf when he offered the following resolution, to wit:

"Resolved, That the committee to whom was referred the special message of his Excellency, Governor A. H. Colquitt, be, and they are hereby, authorized to have their report, and all the facts in the matter, printed.by the Public Printer."
Mr. DuBose moved to amend the same by fixing the number to be printed at five hundred. After discussion thereon, Mr. Speer called for the previous question. The call was sustained, and the main question wa!' put, to wit: The amendment proposed by Mr. DuBose. The same was received, and the resolution, as amended, was agreed to.
Mr. Clements ofthe 44th, chairman of the Committee on the Asylum for the Blind, made the following report, which was read, to wit:
Mr. President: The joint committee of the Senate and House, on the
Academy for the Blind, to whom was assigned the duty of visiting and examining that Institution, beg leave to make the following
REPORT: Your committee have visited the InstitutioR, and after a thorough inspection of the building and grounds, find them in admirable condition. New oil cloths are needed on the hall floors, some additional stair rails and wainscoting, and some re-painting are also needed ; but \\'ith these exceptions, we find the building in perfect repair, and the perfect order and thorough neatness and cleanliness throughout the same is very commendable. We were especially gratified by the skill and proficiency exhibited by the pupils, both in instrumental and vocal music, and the aptness and zeal with which they appear to have pursued their studies in other departments. Upon examination of the books of the Institution, we find that on September 30th, last, there remained in the hands of the Treasurer of tht~

JouRNAL OF THE SENATE
Institution the sum of one thousand three hundred and twelve dollars, unexpended, from the appropriation made for the support and maintenance of the Institution, and for improvements. We find that in accordance with the appropriation made for that purpose, a cistern has been built on the most approved plan, capable of holding over thirty thousand gallons of water, and the Institution is thus assured of a full supply of good, pure water for drinking purposes, besides having in this cistern a protection in case of fire.
We were also much pleased with the practical operations of the work shop connected with the Institution, and consider this one of the best features of the Institution. We find in the shop boys who are hopelessly blind, who have within a short time been prepared by their training there to make a comfortable support for themselves.
The Board of Trustees meet once each month, and from the thorough economy and care with which the Institution is managed, and the expenditures made, we feel no hesitation in commending their faithful and competent discharge of their duties.
The Board of Trustees ask for an appropriation of $24,000 for the maintenance of the Institution for two years, commencing October 1st, 1878. Your committee are so thoroughly satisfied that the strictest care and economy are exercised in all the expenditures connected with the Institution, and in view of the improvements in the way of brick privies, which it has been found necessary to build, and which are now in course of construction ; and in view of the necessity of the re-furnishing and repairs above alluded to, we recommend that the ap[:>ropriation be granted as asked for.
In conclusion, your committee take pleasure in com-
mendin&" the I3oard of Trustees~ an~ the Principal, Mr. W.

D. Wiiliams, for their faithful and efficient discharge of
all their duties. All of which is respectfully submitted. ]. C. CLEMENTS, of the 44th, Acting Chairman of Senate Committee. ROBT. A. NISBET, Acting Chairman of the House Committee.
The unfinished business of yesterday was resumed, to wit: A bill "To reduce and regulate the fees of Tax Receivers and Collectors in all the counties of this State, and for other purposes."
For this bill the Committee on Finance reported the following as a substitute, to wit :
A bill "To reduce and regulate the fees of Tax Receivers and Tax Collectors in <til the counties of this State, to repeal all the local laws relating'thereto, and for other purposes."
Mr. Cumming's motion, made yesterday, to amend the proposed substitute, by striking out the second section, was by him withdrawn.
Mr. Boyd proposed to amend the substitute by adding the following proviso, to wit:
'' Provided, that no Receiver or Collector in this State shall receive a gr.eateramount for receiving and collecting a special tax than for the general State and county taxes."
Mr. Cumming moved to amend the second section of the substitute by adding thereto the following, to wit: '' Provided, that the Receivers of tax returns and Tax Collectors, in the counties of Bibb, Chatham, Fulton, and Richmond, be allowed commissions at two per cent., instead of the three per cent. as now allowed."
On motion of Mr. Cabaniss, the session of the Senate

JoURNAL oF THE SENATE
was extended until the pending matter should be dis posed of.
Mr. Lumpkin proposed to amend the substitute as follows, to wit: "Strike from the substitute the 4th, 5th, 6th, 7th, 8th, gth, 10th, I I th, I 2th, and I3th lines, and insert in lieu thereof the following, to wit :
''On all digests of $I ,CX>O and under, 8 per cent. "On all digests over $I,ooo, and under $2,000, $So on the first $I, 000, and 6 per cent. on the excess. ''On all digests over $2,000, and under $3,000, $140 on the first $2,000, and 5 per cent. on the excess. ''On all digests over $3,000, and under $4,000, $Igo on the first .$3,000, and 4,% per cent. on the excess. ''On all digests over $4,000, and under $6,000, $235 on the first $4, ooo, and 4 per cent. on the excess. '' On all digests over $6,000, and under $I o, ooo, $3 I 5 on the first $6,ooo, and 3,% per cent. on the ex..:ess.
''On all digests over$ w,ooo, and under $I 5,ooo, $45 5
on the first $10, ooo, and 3 per cent. on the excess. " On all digests over $I 5, ooo, and under $20,000, $6o5
on the first $IS,CX>O, and 2,% per cent. on the excess. "On all digests over $2o,ooo, $720 Ol) the first $20,000,
and 2 per cent. on the excess." Mr. Grimes moved to amend the substitute, by striking
out the 13th line of the first section, and amend the I2th line thereof by making it read : ''On all digests of over $20,000, two per cent."
Mr. Lumpkin moved to refer the whole subject matter pending back to the Finance Committee. This motion did not prevail.
Mr. Speer called for the previous question. The call was sustained, and the main question was put, to wit: The adoption of the amendment offered by Mr. Boyd to the proposed substitute.

NovEMBER 27'i'H, 1878.

On this Mr. Boyd required the yeas and nays to be re-

corded.

Those who voted in the affirmative are, to wit-Messrs.

Boyd

Clifton

Well born

Candler Those who voted in the negative are, to wit-Messrs.

Bower

Fain

Hudson

Bryan

Folks

Cabaniss

Grantland

Casey

Grimes

Clarke

Hawkins

Clements ofthe I sthHead

Cumming

Hodges

Drake

Holcombe

DuBose

Holton

Duncan

Howell

Lumpkin McDaniel Perry Preston Russell Simmons Staten Speer Stephens Tison of the 4th

Ayes, 4 Nays 33 So the same was not received.

Mr. Cumming withdrew the amendment offered by

him. The amendment offered by Mr. Lumpkin was not re-
ceived. The amendment offered by Mr. Grimes was not receiv-

ed. The question recurred on the adoption of the substitute
as reported by the Committee on Finance. The same was

adopted, and the report, as amended, was agreed to. The bill was read the third time and passed, as amended,

by the requisite constitutional majority-there being

ayes, 27 ; nays, 7 Mr. Cumming gave notice of his intention to move a
reconsideration of the action of the Senate on the forego-

ing subject matter.

168

JouRNAL OF THE SENAT~

Mr. Hudson offered the following resolution, which was taken up, read and agreed to, to wit:
"Resolved, That when the Senate adjourns to-day, it adjourn to meet at 10 o'clock a. m., Friday, 29th. inst., that Thursday, the 28th inst. may be observed by this body as a day of thanksgiving and prayer."
The Senate, on motion adjourned, and was, by the President, declared adjourned under the foregoing resolution, until 10 o'clock a. m., Friday, the 29th instant.

SENATE CHAMBER, } Friday, No'ZJember 29th, 1878, 10 o'clock a. m.

The Senate met pursuant to adjournment, the President

in the chair.

Prayer by the Rev. Dr. Gwinn.

On the call of the roll the following Senators answered to

their names, to wit-Messrs.

Boyd

Fain

McLeod

Bower

Grimes

Perry

Bryan

Hamilton of the2 1stPreston

Cabaniss

Harrison

Russell

Candler

Head

Simmons

Clarke

Hodges

Speer

Clements ofthe44thHolton

Staten

Clifton
C~ummm. g

Howell HUdson

Tison of the 4th MR. PRESIDENT

Drake

Lumpkin

DuBose

McDaniel

The Journal was read and approved.

Mr. McDaniel moved to reconsider so much of the

Journal of Wednesday, as relates to the agreement of the

Senate to the report ofthe Judiciary Committee, which was

NovEMBER 2gtit, iB78.

I6g

adverse to the passage of a bill ''To amend section 3962 of the Code, as to the county in which mortgages on realty shall be foreclosed." The motion to reconsider prevailed, and the bill recommitted to the Judiciary Committee.

Leave ot absence was granted Messrs. Folks, Stephens, Grantland, and Duncan, and to Mr. Hodges, for Monday and Tuesday next.

On motion of Mr. Cumming, so much of the Journal of Wednesday was reconsidered as relates to the action of the Senate on the bill "To reduce and regulate the fees of Tax Receivers and Collectors in all the counties of this State, and for other purposes," for which the substitute reported by the Committee on Finance was adopted and passed, to wit: A bill ''To regulate the fees of Tax Receivers and Tax Collectors in all the counties of this State, to repeal all local laws relating there, and for other purposes therein mentioned."

The rules were suspended, on motion of Mr. Cumming,

and the reconsidered matter was taken up.

.

Mr. Cumming moved to amend the substitute, by strik-

ing from the I 2th line thereof the words : '' And under

$5o,ooo," and by striking out the whole of the 13th line.

Mr. Cabaniss proposed to amend the substitute, by adding the following proviso, to wit : '' Provided, that no Receiver of Tax Returns, or Tax Collector, shall receive more than fifteen hundred dollars commission on the general State tax."

Mr. Grimes proposed to amend the substitute as follows, to wit:
''Strike out the 13th line of section Ist, an--! amend the 12th line so as to make it read: 'On all digests of over
$2o,ooo, two per cent., provided no Tax Collector or Re-

JouRNAL oF THE SENAT~
ceiver shall receive over fifteen hundred dollars on the State tax. ' "
Mr. Simmons proposed to amend the substitute, by adding the following proviso, to wit: ''Provided, no Tax Collector or Tax Receiver shall receive from all sources, more than two thousand dollars."
The amendments proposed by Messrs. Simmons, Grimes, and Cabaniss, were respectively submitted to the Senate and not agreed to.
The amendment offered by Mr. Cumming, was agreed to.
The substitute as amended, was adopted. The report as amended, was agreed to. The bill was read the third time, and passed as amended by the requisite constitutional majority, there being ayes, 27; nays, 1. The following message was received from the Hou:>e of Representatives, through Mr. Goetchius, the Clerk thereof, to wit: Mr. Prest"dent : The House of Representatives have passed the following bills, to wit: A bill ' To be entitled an act to increase and fix the amount of the bond to be given by the Treasurer of the State Lunatic Asylum." Also, A bill ''To be entitled an act to provide for the probate of foreign wills, and for the appointment and qualification of Administrators in this State to carry out the provisions of foreign wills when adr.~itted to probate and record in this State."
Mr. McDaniel, chairman of the Committee of the Ju-
diciary, made a report, which was read. The following bills were reported upon adversely by the
] udiciary Committee, to wit:

iJI
A bill "To amend section 3365 of the Code, and to prescribe conditions to the use of the fictitious forms of pleading in ejectment;" and
A bill ''To provide for the working of the public roads of this State, by letting them out to the lowest bidder, providing the means tor the same, and for other purposes." The report was agreed to, and the bills lost.
The bill to create a Board of Commissioners of Roads, Public Buiidings, Public Property, and Finances for the county of Emanuel, and for other purposes," on which the Judiciary Committee reported adversely, was, on motion of Mr. McDaniel, laid on the table for the present.
The Senate, on motion of Mr. Harrison, went into executive session, and having remained therein some time, returned to open session.
The resolution of the House of Representatives, " Instructing the Comptroller General to suspend sales of Wild Lands and transfers of executions against the same," was taken up in its order, and agreed to.
Mr. Russell, chairman on the Committee of Enrollment, made the following report, which was read, to wit: Mr. President:
The Committee on Enrollment have examined Messrs. J.
R. Christy, G. W. Webb, and W. E. Candler, presented to us by the Secretary of the Senate as Engrossing and Enrolling clerks, and find each of them competent to filL said positions.
Mr. Howell offered a re!"olution which was taken up, read and agreed to, requesting the House of Representatives to return to the Senate the bill in relation to the manner of giving notice of intention to introduce local measures into the General Assembly.
Mr. Perry offered a resolution to memorialize Congress in regard to a certain railroad, which was, on his motion,

Jou~NAt oF tHE SENATE
referred to the Committee on Railroads, without being read.
On motion of Mr. Perry, Mr. Grimes was added to the Committee on Military Affairs.
Mr. Wellborn offered the following resolution, which was taken up, read, and agreed to, to wit:
'' Resolved, That the Committee on Printing be, and they are hereby required, to prepare and present a bill, if necessary, to compel the publication of the laws early after the adjournment of the Legislature.,.
The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof, to wit: Mr. President:
In response to a request of the Senate, I am instructed, by the House of Representatives, to return to the Senate, a bill "To be entitled an act to prescribe the manner of giving notice of an intention to apply to the Legislature for the passage of local and special bills."
The special order for the day was taken up, to wit: A bill "To authorize appeals from verdicts of juries, and from confessions of judgment in the Superior Court, to provide for the same, and for other purposes." The Committee on the Judiciary reported adversely to the passage of the same.
Mr. Preston moved to disagree to the report of the Judiciary Committee.
Mr. Harrison called for the previous question. The call was sustained. The main question was put, to wit: The motion of Mr. Preston to disagree to the adverse report of the Committee on the Judiciary.
The motion to disagree did not prevail, and the bill was, therefore, lost.
Mr. Preston gave notice of an intention to move a re-

173

consideration of the action of the Senate on the foregoing

bill.

On motion of Mr. Howell, the rules were suspended,

when, as chairman of the Senate committee of conference

on the bill of the Senate in relation to the method of giv-

ing notice of intention to introduce local and special meas-

ures into the General Assembly, he made the following

report, to wit :

Mr. President :

The majority of the committee of conference appointed

by the Senate and House of Representatives, in reference

to an amendment adopted by the House to the Sele bill

as to local legislation, beg leave to report and rec mend

the following amendment, as a substitute for the amend-

ment heretofore adopted by the House, to wit :

''Provided, that when there is no newspaper published

in the county where the local legislation is asked, notice of

said bill shall be published in the paper where Sheriff's

sales are published, and, in all notices to be published un-

der this act it shal! not be lawful for any newspaper to

charge more than one dollar per square for !'aid notice, and

in case of refusal to publish at said rate, then a publication

in any other newspaper having a circulation in the county

where the local legislation is desired, shall be sufficient."

(Signed.)

HOWELL, of theSenate.

STEPHENS,

''

ALSTON, of the House.

The minority recommend that the House adhere to its

original amendment.

(Signed.)

HARRIS, of the House.
DUGGAR, '' ,, ''

The Senate, on motion, receded from its disagreement

to the amendment of the House of Representatives, and

adopted the foregoing report of the majority of the com-

174

JoURNAL OF THE SENATE

mittee of cor.ference, as a substitute for the House amendment.
The Secretary was instructed to communicate the action of-the Senate thereon, forthwith, to the House of Representatives.
The bill "To facilitate busines~ in the Courts, and prevent mistrials in civil cases," was, on motion, made the special order for Saturday. the 30th instant, at 11 o'clock a.m.
The Senate took up as the report of the Committee of Whole, a bill '' To amend section I 779 of the Code."
Th-port was agreed to. The bill was read the third time~ passed by the requisite constitutional majority, there being ayes, 29; nays, o.
The Senate took up, as the report of the Committee of the Whole, a bill "To carry into effect the 18th section, paragraph 2d, of the Constitution of this State."
The Committee on the Judiciary reported as a substitute therefor, a bill "To carry into effect section 18th, article 6th of the Constitution of I 877, so as to provide for the selection of the most experienced, intelligent and upright men to serve as grand jurors, and of intelligent and upright men to serve as traverse jurors, and for the drawing of juries."
The substitute was adopted. The report as amended was agreed to.
The bill was read the third time and passed, as amended, by the requisite constitutional majority, there being ayes, 29 ; nays, o.
On motion of Mr. McDaniel, the same was directed to be transmitted to the House of Representatives, forthwith.
The Senate took up as the report of the Committee of

175
the Whoie, a bill "To alter and amend the garnishment laws of this State."
The Judiciary Committee proposed to amend the Ist section of the bill, by inserting the word '' claimed " after the word "amount," so as to read : "The amount claim ed to be due." Also, to strike out the words: " In the county of the debtor's residence," and insert the words: '' In some county having jurisdiction of the debtor." The amendments were agreed to.
The report as amended was agreed to. The bill was read the third time and passed, as amended, by the requisite constitutional majority, there being ayes, 25; nays, I.
The Senate took up, as the report of the Committee of the Whole, a bill ''To authorize appeals in the Justice Courts of this State, to provide for the same, and for other purposes."
The Judiciary Committee reported the following as a
substitute for the original bill, to wit: '' To carry into effeCt article 6th, section 7th, paragraph
2d of the Constitution of this State, as to appeals in Justice Courts, and therefrom."
The substitute was adopted. The report as amended, was agreed to. The bill was read the third time, and passed, as amended, by the requisite constitutional majority, there being ayes, 24; nays, I.
The Senate took up, as the report of the Committee of the Whole, a bill "To regulate the advertisements of sales by Sheriffs and Administrators."
The Judiciary Committee reported the following amendment, to wit: "Strike out the word 'or' in the first section, after the word 'times,' and insert the words 'that is.'"
The amendment of the Judiciary Committee was agreed to. The report, as amended, was agreed to. The bill was read the third time and passed, as amended,

JouRNAL OF THE SENATE
by the requisite constitutional majority, there being ayes, 26; nays, o.
The Senate took up, as the report of the Committee of the Whole, a bill "To enforce paragraph I, section 9, of article 7, of the Constitution."
The Judiciary Committee reported the following amendments, which were agreed to, to wit:
Add to the rst section the words, "and disqualification from holding office."
Strike out from rst section, "Not less that one year, nor longer than ~wo years," and insert ''not less than two years nor longer than seven years."
The report as amended, was agreed to. The bill was read the third time and passed, as amended, by the requisite constitutional majority, there being ayes, 27; nays.-. On motion of Mr. Cumming, leave of absence was granted Mr. Casey on special business. The Senate took up, as the report of the Committee of th~ Whole, a bill ''to amend section 3854 of the Code, concerning witnesses." The Judiciary Committee proposed to amend by striking out the second and third sections of the bill. Mr. DuBose moved that the bill be laid on the table for the present, and that fifty copies thereof be printed for the use of the Senate. Pending action of this motio:-a, the hour of adjournment arrived, and the President declared the Senate adjourned until 10 o'clock a. m., to-morrow.

NoVEMBER 30TH, 1878.

177

m.} SENATE CHAMBER,
Saturday, November 30, 1878, 10 o'clock a.

The Senate met pursuant to adjournment, the President

in the Chair.

Prayer by the Rev. Dr. Thomas.

,On the call of the roll the following Senators answered to

their names, to wit-Messrs.

Boyd

Fain

McDaniel

Bower

Grantland

Perry

Bryan

Grimes

Preston

Cabaniss

Hamilton ofthe2 I stRussell

Candler

Harrison

Simmons

Clarke

Head

Speer

Clementsof the44th Holcombe

Staten

Clifton

Holton

Tison of the 4th

Cumming

Howell

Wellborn

Drake

Hudson

MR. PRESIDENT.

DuBose

Lumpkin

The Journal was read and approved.

The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof, to wit:

Mr. President: The House has passed the following bills, to wit : A bill '' 'l'o be entitled an act to permit parties defend-
ant, in all cases where a plea of recoupment has been filed, to recover therein any damages proven in excess of the claim of the plaintiff." Also,
A bill '' To be entitled an act to amend an act entitied an act to enable the purchasers of railroads to form corporations, and to exercise corporate powers and privileges, assented to February 29th, 1876, by giving to said purchasers time to finish roads where the same are incom
13

JouRNAL OF THE SENATE
plete, and I am instructed to transmit the same to the Senate, forthwith.
Mr. Preston moved a reconsideration of so much of the ]ournal of yesterday as relates to the action of the Senate in agreeing to the adverse report of the ] udiciary Committee on the bill ''To authorize appeals from verdicts of juries and confession of judgments in the Superior Courts, to provide for the same, and for other purposes."
Mr. Cumming moved to lay the motion to reconsider on the table, which motion did not prevail.
The motion to reconsider did not prevail. The unfinished business of yesterday was resumed, to wit: A bill "To amend section 38 54 of the Code, concerning witnesses." The proposition of the] udiciary Committee to amend, by striking out the second and thir~ sections of the bill, and of Mr. DuBose that the subject matter be laid on the table and fifty copies of the bill be published, were pending at the time of adjournment yesterday. Mr. DuBose withdrew his motion, and the bill, on motion of Mr. Clark, was laid on the table, subject to his call. On motion of Mr. Perry the rules were suspended, when the bill of the House "To amend an act to enable the purchasers of railroads to form corporations, and to exercise corporate powt>rs, and to define their rights, powers and privileges, assented to February 29th, 1876, by giving to said purchasers time to finish roads where the same are incomplete," was taken up, read the first time, and referred to the Committee on Railroads. Mr. Cumming presented a memorial of the Medical Association of Augusta, which was, on his motion, without being read, referred to the Finance Committee. The special order for the day was taken up, to wit: The majority anri minority reports of the Judiciary Committee on the bill "To facilitate bllsiness in the Courts and pre

NOVEMBER 30TH, 1878

179

vent mistrials in civil cases," the majority report being adverse to the bill a::d the minority in favor thereot.

Mr. Speer moved the adoption of the minority report in lieu of the majority report, and upon this required the yeas and nays to be recorded.

Those who voted in the affirmative are, to wit-Messrs.

Bryan

Hawkins

Perry

Hamilton of the21stLumpkin

Speer



MR. PRESIDENT.

Those who voted in the negative are, to wit-Messrs.

Boyd

DuBose

Hudson

Bower

Fain

McDaniel

Cabaniss

Grantland

Preston

Candler

Grimes

Russell

Clarke

Harrison

Simmons

Clifton

Head

Staten

Cumming

Holcombe

Tison of the 4th

Drake

Holton

Troutman

Howell

Wellborn

Ayes, 7 Nays, 26.

So the motion to adopt the minority report did not prevail. The majority report, which was adverse to the bill, was agreed to, and the bill lost.

The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof, to wit:
Mr. President : The House of Representatives has receded from its
amendment, and has concurred in the amendment pro posed by a majority of the committee, and adopted by the Senate, to the following bill of the Senate, to wit:

A bill "To be entitled an act to prescribe the manner of giving notice of an intention to apply to the Legislature

180

JoURNAL oF THE SENATE

for the pa!.sage of local and special bills," and I am in-

structed to transmit the same to the Senate, forthwith.

The regular order of business was resumed, and Mr.

Cabaniss,. chairman of the Committee on Finance, made

the following report, to wit :

Mr. Prest'dent :

The joint committee of the Senate and House of Repre-

sentatives, to whom was assigned the duty of examination

of the offices of the Comptroller General and Treasurer of

the State, respectfully report that, by sub committee, the

said offices have been examined, and the report of the sub-

committee is herewith submitted, which is adopted, and

presented as the report of the joint Finance Committee.

(Signed.)

T. B. CABANISS,

Chairman Finance Committee Senate.

N. L. HUTCHINS,

Chairman Finance Committee of the House.

Report of the sub-committee of the joint Finance Committee: Mr. Chairman :
The joint Committee on Finance have, as required by section 186 of the Code, examined the accounts and voucher~ of tlte Comptroller and Treasui"er, as to all moneys received into, and pa1d out of the Treasury since the adjournment of the last Legislature. This duty has been performed through a sub committee, and has been made as thorough as the time at the disposal of the committee would allow. We find in the office of the Comptroller, every evidence that that officer has been faithful in the discharge of his duties. His books are neatly, carefully, and, so far as we were enabled to judge, correctly kept. As then~ is another committee charged with the duty of examining the Wild Land office, we did not extend our examination into it. We examined as carefully as possi-

NovEMBER 30Tll, 1878.

ble, the records and vouchers of the Treasurer, and count-

ed the cash in the vault, .and find that the report of this

officer, submitted to the Governor on the 1st of Janu-

ary, and his supplemental report of the 1st of Octo-

ber, are sustained by the true condition of his office. Un-

der the admirable system which prevails in both offices, it

is difficult to see how any error could occur in the admin-

istration of the finances of the State; and it is to the present

incumbents that we are indebted for this system. It is

cause for congratulation that the administration of the

finances of tht: State is in hands at once so faithful and

capable.

} (Signed.) C. W. DuBOSE, A. D. CANDLER.

Senate.

A. G. HAMILTON, Sub-committee.

} J. E. REDWINE,
GEO. R. SIBLEY.

House.

ROBT. A. NISBET, W. T. IRVINE.

} Sub-committee.

The rules were suspended, and the roll called for the introduction of new matter, when the following bill was introduced and referr.::d to the Committee on Education, to wit:
By Mr. ClarkeA bill "To authorize the Trustees of the State University to accept as branches of said University, Colleges of Agricultural and Mechanical Arts and Sciences to be established at Cuthbert and Thomasville in this State, and for other purposes." The following bills were introduced, read the first time, and refer:-ed to the Committee on the Judiciary, to wit: By Mr. HawkinsA bill "To change the time of holding the Courts in the Rome Circuit; and

-182
~By~Mr. PerryA bill "To repeal section 3095 of the Code and substi
tute another in lieu thereof." The following bills were taken up for a second read-
ing, and on motion, laid on the table for the present, to wit:
A bill "To provide for trials in the Superior Courts by special juries to be drawn from the grand jury."
A bill ''To relieve John Wilcox and William Ryals, securities on the bond of Archibald H. Graham, Tax Collector of Telfair county;" and
A bill "To provide for the change of venue in civil cases.''
The Senate took up the report of the Judiciary Committee on the bill "To make certain witnesses incompetent, in certain cases. "
The report, which was adverse, was agreed to, and the bill, therefore, lost.
The following resolution, offered by Mr. Cabaniss, under a suspension of the rules, was taken up, read and agreed to, to wit:
"Resolved, That Mr. G. W. Bryan, Senator from the 34th district, be added to the Committee on Finance."
The Senate, on motion, adjourned until IO o'clock a.m. Monday.

SENATE CHAMBER, } Monday, December 2, 1878, IO o'clock a. m.

The Senate met pursuant to adjournment, the President

in the chair.

Prayer by the Rev. George Macauly.

On the call of the roll the following Senators answered

to their names, to-wit-Messrs.

Boyd

Grantland

Perry

bECEMBER 20, IS78.

Bower

Grimes

Preston

Bryan

Hamilton ofthe14thRussell

Cabaniss

Hamiltonofthe 21stSimmons

Clarke

Harrison

Speer

Clements of the44thHead

Staten

Clifton

Holton

Tison of the 4th

Drake

Howell

Wellborn

DuBose

Hudson

MR. PRESIDENT.

Fain

Lumpkin

Folks

McDaniel

The Journal was read and approved.

Mr. Lumpkin, chairman of the Committee on Railroads,

made a report, which was read.

Leave of absence was granted Messrs. Cumming, Cand-

ler and Holcombe.

Mr. Lumpkin offered the following resolution, ..which was

taken up, read, and agreed to, to wit:

"Resolved, That Senator J. N. Hudson be, and he )s

hereby, added to the Committee on Railroads."

On the call of the roll, .i\lr. Folks introduced a bill ''To

change section 4814 of the Code, and to prevent the pun-

ishment of. female persons by sentence to work in chain
gangs, o~ on public works," which was referred to the Ju-

diciary Committee.

The resolution to memorialize Congress in relation to a

certain railroad, which was referred to the Committee on

Rdilroads, was, on motion of Mr. Lumpkin, chairman of

said Committee, taken up and referred to the Committee

on Corporations.

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

the Whole, a bill "To repeal section 1677 of the Code, a!!d

in lieu thereof, provide for the granting and amending of

charters for schools, academies, colleges and churches."

The Judiciary Committee proposed to amend the bill as

JoURNAL OF THE SENATE
follows, to wit: ''Amend the 1st section by striking out the words: "The constitutional authority of the State," and inserting in lieu thereof the word '' law," so as to. read: " Unless sooner revoked by law." The amendment of the Judiciary Committee was agreed to.
The report, as amended, was agreed to.
The bill was read the third time and passed, as amended, by the requisite constitutional majority, there being ayes 25 ; nays, o.
Mr. Russell, chairman of the Enrolling Committee, submitted the following report, to wit : Mr. Presidmt :
The Committee on Enrollment report as duly enrolled, and ready for the signature of the President and Secretary of the Senate, the following bill, to wit:
"An act to prescribe the manner of giving notice of an intention to apply to the Legislature for the passage of local and special bills."
The rule was suspended, on motion of Mr. McDaniel, and the following bills were read the second time and passed to a third reading, to wit:
A bill "To amend section 4570 of the Code of Georgia, so as to carry into effect paragraph I, section 5, article 2 of the Constitution of Georgia, relating to the sale, distribution, and furnishing of intoxicating drinks on days of election."
A bill "To amend the penal laws, by making slander a crime, and prescribing a punishment therefor."
A bill "To amend section 267 of the Code of 1873, which relates to dockets of the Superior Cotrt, and for ether purposes."
A bill " To repeal section 1954 of the Code, so far a:; relates to mortgages on stocks of goods."

DECEMBER :20, JS7S.

t85

A bill "To regulate Tax Receivers as to receiving returns from agents."
A bill ''To amend sections 3389 and 3390 of the Code, concerning the forms of action."
A bill " To carry into effect paragraph 6, section 2, article I of the Constitution of I877."
A bill ''To amend section 3962 of the Code, as to the county in which mortgages on realty shall be foreclosed."
A bill "To amend section 3293 of the Code, concerning attachments for purchase money."
A bill "To provide for the classification of convicts in this State, and for other purposes."
A bill ''To extend the modes of proving administration, by making certified copy letters testamentary, and of administration, primary evidence."
A bill "To define the crime of poisoning, and prescribe a penalty therefor."
A bill '' To carry into effect paragraph I 8, of section 7, of article 3, of the Constitution of I877."
A bill '' To amend the Superior Court calendar of the State, so as to change and fix the time of holding the Superior Courts in the Brunswick Judicial Circuit."
A bill ''To amend section 2558 of the Code, as to the sale of insolvent papers by administrators, and for other purposes."
A bill ''To compel assignees, in certain cases, to give se_ curity."
A bill "For better supplying the people with the laws, etc."
A bill "To prevent illegal voting at elections in this State, and to prescribe a penalty therefor.''
A bill "To amend section I832 of the Code." A bill ''To amend an act to require the payment of money arising from fines and forfeitures, into the county

t86

jouRNAL 6F THE SENAt~

treasury, and regulate the disbursement of the same, approved February 29th, 1876.
A bill ''To carry into effect paragraph I, section 17, ar tide 6 of the Constitution of 1877, so as to provide for change of venue in certain cases."
A bill "To throw restrictions around the reception of pauper affidavit" in judicial proceedings, and for other purposes therein mentioned."
A bill "To prescribe the manner of fixing the compensa tion of jurors in all the counties of this State;" and
A bill "To restore, in the Code, the true name of the writs whereby the judgment of the Supreme Court is remitted to the Court below."
The following bills were, on motion, recommitted to the Finance Committee, to wit :
A bill ''To regulate tax returns on debts for the purchase of real estate."
A bill To relieve Confederate soldiers who lost a leg or an arm in the late war from special tax of State, county, and municipal corporations;" and
A bill ''To exempt from taxation such property and persons as paragraph 2, of section 2, of article 7. of the
Constitution authorizes to be so exempted." The bill to carry into effect article 9 of the Constitution
of 1877, so as to provide for taking the homestead under the same, was, on motion of Mr. McDaniel, recommitted to the Judiciary Committee.
The bill of the House of Representatives, ''to amend an act entitled a act to enable the purchasers of railroads to form corporations and to exercise corporate powers, and to define their rights, powers, and privileges, assented to February 29th, .876, by giving to said purchasers time to finish roads where the same are incomplete," was read the second time and passed to the third reading.

DF.cEMBER 20, t8;8.

t87

The bill of the House of Representatives ''To incr~ase
and fix the amount of the bond to be given by the Treasurer of the State Lunatic Asylum," was read the first time and referred to the Committee on the Lunatic Asylum.
The following bills of the House of Representatives were read the first time, and referred to the Judiciary Committee, to wit:
A bill "To provide for the probate of foreign wills, and for the appointment and qualification of administrators in this State to carry out the provisions of foreign wills when admitted to probate and record in this State;" and
A bill "To permit parties defendant in all cases where a plea of recoupment has been filed, to recover therein any damages proven in excess of the claim of the plaintiff."
The Senate took up, as the report of the Committee of the Whole, the bill ''To carry into effect so much of article I, section I, paragraph I, of the Constitution of 1877, as relates to supplying artificial limbs to soldiers who lost limbs in the service of the Confederate States, to provide for the same, and for other purposes."
The Judiciary Committee reported, as a substitute, a bill ''To carry into effect so much of article 7, section 1, paragraph 1, of the Constitution of 1877, as relates to supplying substantial artificial limbs to soldiers who lost limbs in the military service of the Confederate States, to pro vide for the same, and for other purposes."
The proposed substitute was adopted. Tile report of the committee, as amended, was agreed to. The bill was read the third time, and on motion of Mr. Russell, laid on the table, subject to the call of Mr. Pre'>f:on of the 28th district. The Senate took up, as the report of the Committee of

188

the Whole, the bill "To carry into effect article 2, section

5, of the Constitution of this State."

The Judiciary Committee proposed to amend the cap-

tion of this bill, by striking therefrom the words "an act"

and inserting in lieu thereof the word ''and." The amend-

ment was adopted.

The report, as amended, was agreed to. The bill was

read the third time, and, on motion of Mr. McDaniel, laid

on the table for the present.

The bill "To regulate the manner of giving in Wild

Lands for taxation, and the sale and redemption thereof,

and for other purposes," was, on motion of Mr. Cabaniss,

recommitted to the Finance Committee.

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

the Whole, the bill "To repeal an act approved Fbruary

28tn, 1874, entitled 'an act to require judgment creditors

in certain cases to have their judgments recorded in the

county of the defendant's residence,' and in lieu there-
of to require a proper docketing of the fl. fas. in such

cases."

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.

Those who voted in the affirmative are, to wit-Messrs.

Boyd

Grantland

McDaniel

Bower

Grimes

Perry

Bryan

Hamiltonof the14thPreston

Cabaniss

Hamilton of the2 1stRussell

Clarke

Harrison

Simmons

ClemeJl ts of the44thHead

Speer

Drake

Holton

Staten

DuBose

Hudson

Tison of the 4th

Fain

Lumpkin

Wellborn

Folks Ayes, 28. Nays, o.

DEcEMBER 2n, 1878.
So the bill was passed by the requisite constitutional majority.
~ve of absence, on motion of Mr. Fain, was granted to a subcommittee on the Macon and Brunswick Railroad f~r two days.
Leave of absence was, on motion of Mr. Boyd, granted the Committee on the Penitentiary for one day.
The Senate took up, as the report of the Committee of th~ Whole, a bill ''To prescribe the manner of foreclosing certain chattel mortgages, and to confer jurisdiction on Justices of the Peace, and for other purposes."
The report was agreed to. The bill w~s read the third time, and, on motion of Mr. DuBose, recommitted to the Judiciary Committee. The Senate took up, as the report of the Committee of the Whole, the bill ''To amend section 274 of the Code, in relation to the appointment of Receivers in certain cases, and cost and expenses." The Judiciary Committee reported, as a substit1te for the bill, a bill of similar title. The same was adopted. The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by the requisite constitutional majority, there being ayes. 24; nays, o. On motion of Mr. Hudson, the time of the session was extended. The Senate took up, as the report of the Committee of the Whole, a bill "To amend section 244 of the Code of 1R73, in rel~tion to charges of Judges of the Superior Courts to juries, so that said Judges shall hereafter be required to give their charges to the jury in writing in all cases tried before them, and for other purposes." The Judiciary Committee reported, as a substitute therefor, a bill "To amend section 244 of the Code of 1873, in

I go

JoURNAL oF THE SENATE

relation to charges of Judges of the Superior Courts to the jury in writing, and for other purposes."
The substitute was adopted. The report, as amended, was agreed to.
The bill was read the third time and passed, as amended, by the requisite constitutional majority, there being ayes, 24; nays, o.
On motion of Mr. DuBose, the rule was suspended, when he introduced a bill '' To provide for the return and collection of all special taxes in this State, and for other purposes. The same was read the first time, and referred to the Finance Committee.
The Senate, on motion, adjourned until 10 o'clock a.m. to-morrow.

SENATE CHAMBER, } Tuesday, December 3, 1878, 10 o'clock a. m.

The Senate met pursuant to adjournment, the President in the chair.

Prayer by the Rev Mr. Hudson, Senator from the I 3th district.

On the call of the roll the following Senators answered

to their names, to wit-Messrs.

Boyd

Duncan

Lumpkin

Bower

Folks

McDaniel

Bryan

Grantland

Perry

Candler

Grimes

Preston

Clarke

Hamilton ofthe14thRussell

Clementsof the I 5thHamilton of the 2 I stSimmons

Clementsof the44thHarrison

Speer

Clifton

Head

Staten

DECEMBER 3D, 1878.

Cumming

Holcombe

Tison ofthe 10th

Drake

Howell

Turner

DuBose

1;-Iudson

Wellborn

MR. PRESIDENT.

The Journal was read and approved.

Mr. Hudson offered the following resolution, which, on

his motion, was taken up, read, agreed to, and ordered to

be transmitted, forthwith, to the House of Representa.

tives, to wit:

" WHEREAS, Certain measures are now pending before

the Congress of the United States, which propose to raise

from the sales of the public lands, and other sources, a fund

to be distributed among the States in aid of popular edu-

cation ; and,

"WHEREAS, These measures provide that this distribu-

tion shall be made for a term of years upon the basis of

illiteracy, and, afterwards, upon the basis of school popu-

lation; and,

"WHEREAS, The measures referred to do not claim for

the National Government the right to control education in

the States; but provide, simply, for turning over the fund

raised to the constituted authorities of the several States,

to be applied under State laws; therefore, be it

'' Resolved, That this General Assembly does, most

heartily, approve the adoption of some measure of national

legislation which shall embody the principles set forth in

the foregoing preamble.

" Resolved, That inasmuch as the educational wants of

the Southern States are immediate and pressing, this Gen-

eral Assembly would suggest to Congress the consideration

of the question as to whether it might not be best to dis-

tribute and apply the entire corpus of whatever educational

funds that body, from time to time, may provide, to the

immediate relief of these wants.

JouRNAL oF THE SENATE
' Resoh1ed, That as the educational laws of this State make no discrimination in favor of, or against, the children of any class of citizens, and, as those charged with the administration of these laws have endeavored, in the past, to have them carried into effect impartially, so does this General Assembly pledge every department of the State Government to take the necessary steps to secure even-handed justice to all classes of citizens, in the application of any educational fund provided by the National Government.
' Resolved, That our Senators and Representatives in Congress, are hereby requested to give their support to whichsoever of the measures now before the National Legislature may, in their judgment, be best adapted to carrying into effect the views and objects expressed in the foregoing preamble and resolutions.
"Resolved, That his Excellency the Governor, is hereby instructed to transmit a copy of this preamble and these resolutions, in customary form, to be laid before both Houses of Congress."
The following message was received from his Excellency the Governor, through Mr. Avery, his Secretary, to wit: Mr. President :
His Excellency the Governor, has approved and ~igned the following act, to wit :
"An act to prescribe the manner of giving notice of an intention to apply to the Legislature for the passage of local and special bills."
The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof, to wit: Mr. President:
The House of Representatives have passed the following bill, to wit:

DECEMBER 3D, 1878.

193

A bill ''To be entitled an act to amend section 297 I of the Code of 1873, so as to provide that in case of suits under said section either the widow or children, as the case may be, shall recover the full value of the life of the deceased, and prescribing the manner in which the widow shall hold the amount recovered, and for other purposes."
The Senate took up, as the report of the Committee of the Whole, a bill "To prescribe fees of Solicitors of County Courts where the same are not prescribed by law."
The report was agreed to. The bill was read the third time and passed by the requisite constitutional majority, there being ayes, 27; nays, - .
The Senate took up, as the report of the Committee of the Whole, a bill ''To prevent illegal voting in elections in this State, and to prescribe a penalty therefor."
The Judiciary Committee reported, as a substitute, a bill "To amend section 4569 of the Code of 1873, which provides a punishment for buying or selling, offering to buy or sell, or being concerned in buying or selling a vote, and for voting unlawfully, at any election in this State." The substitute was adopted.
The report, as amended, was agreed to. The bill was read the third time, and passed, as amended, by the requisite constitutional majority, there being ayes, 27; nays, I. The Senate took up, as the report of the Committee of the Whole, a bill ''To amend section 397 2 of the Code of Georgia, in regard to Sheriff sales.'' The Judiciary Committee reported, as a substitute, a bill "To amend section 3972 of the Code of 1873, \\hich provides for advertising Sheriff's sales of mortgaged personal property." The substitute was adopted. The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by the re-
13

l94

JouRNAL OF TSE SENATE

quisite constitutional majority, there being ayes 28 ; nays,
I.
The bill ''To carry into effect paragrarh 6, section 2, article I, of the Constitution of I877, was taken up on its third reading."
For this bill the Judiciary Committee reported, as a substitute, a bill 'To provide for reaching the property of the debtor, concealed from the creditor, as required by paragraph 6, section 2, of article I, of the Constitution of Georgia.''
On motion of Mr. Clements of the 44th, the original bill and substitute were laid on the table, and fifty copies of the substitute ordered to be printed for the use of the Senate.
On motion of Mr. McDaniel, the bill ''To amend section 4570 of the Code of Georgia, so as to carry into effect paragragh 1, section 5, article 2 of the Constitution of Georgia, relating to the sale, distribution, and furnishing of intoxicating drinks on days of election," was laid on the table for the present.
Mr. Speer offered the following resolution, which was taken up and read, to wit:
'' Resolved, By the Senate and House of Representatives, that both Houses of the General Assembly take a recess from Saturday, 14th instant, until 10 o'clock on the first Wednesday in July next."
On motion of Mr. McDaniel, the resolution was amended by striking out ''Saturday, the 14th instant," and inserting ''Thursday, the 12th instant."
Mr. Cumming moved to amend by striking out the first "Wednesday in July," and inserting ''the fourth Wednesday in January." This amendment was not agreed to.
The resolution, as amended, was agreed to.. and,, on

DECEMBER 30, 1878.
motion of ~{r. Speer, ordered to be transmitted to the House of Representatives, forthwith.
Mr. Clark, from the Committee on Corporations, made a report, which was read.
On motion of Mr. Clark, the rules were suspended, for the purpose of taking up a bill of the House in relation. to the rights and privileges of purchasers of railroads.
The same was taken up, and, on motion of Mr. McDaniel, laid on the table subject to his call.
The Senate took up, as the report of the Committee of the Whole, a bill "To amend section 1832 ofthe Code."
The report was agreed to. The bill was read the third time and passed, by the requisite constitutional majority, there being ayes, 28; nays, o.
The Senate took up, as the report of the Committee of the Whole, a bill ''For better supplying the people with the laws of this State."
The Judiciary Committee proposed to amend by striking out the second section. and changing the numbers of succeeding sections to correspond with this amendment. The same was adopted.
The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by the requisite constitutional majority, there being ayes, 25; nays,-.
The Senate took up, as the report of the Committee of the Whole, a bill "To repeal section 1954 of the Code, so far as relate;; to mortgage;; on stocks of goods."
For this bill the Judiciary Committee offered as a substitute, a bill "To amend section 1954 of the Code of Georgia, in relation to mortgages." The substitute was adopted.
The report, as amended, was agreed to. The bill was read the third time, and, on the question of its passage, Mr. Speer required the yeas and nays to be recorded.

JouRNAL OF THE SENATE

Those who voted in the affirmative are, to wit-Messrs.

Boyd

Drake

Perry

Bower

Duncan

Preston

Bryan

Folks

Russell

Candler

Hamilton ofthe 2 IstSpeer

Clarke

Harrison

Staten

Clements ofthe IsthHead

Tison of the 10th

Clements of the 44th Hudson

Turner

Clifton

Lumpkin

Wellborn

McDaniel

MR. PRESIDENT.

Those who voted in the negative are, to wit-Messrs.

Cummin~

Grantland

Holcombe

DuBose

Grimes

Howell

Hamilton ofthe I4thSimmons

Ayes, 26. Nays 8.

So the bill was passed, as amended, by the requisite constitutional majority.

Mr. Grantland gave notice of his intention to reconsider the action of the Senate on the foregoing bill.

The Senate took up, as the report of the Committee of the Whole, a bill "To extend the mode~ of proving administration by making certified copy letters testamentary and of admini~tration primary evidence."

Th~ Judiciary Committee proposed the following amendm~nts, which were agreed to, to wit:

''Insert after the word 'administration' in the third line of the caption, the words 'and guardianship,' and by inserting after the word 'administration' in the fifth lioe of the caption, the words 'and of guardianship.' Amend the Ist section, by inserting after the word 'administration' in both instances where this word occurs the words 'and of guardianship.' "

The report, as amended, was agreed to. The bill

bECEMBER 3D, IS7S.

was read the third time and passed, as amended, by the

requisite constitutional vote, there being ayes, 26; nays, - .

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

the Whole, a bill ''To amend an act to require the pay-

n.ent of money arising from fines and forfeitures into the

County Treasury, and to regulate the disbursement of the

same."

The Judiciary Committee proposed to amend, by adding

a section to be designated as section second, and by

changing the original section 2, to section 3 The amend-

ments were agreed to.

The report, as amended, was agreed to. The bill was

read the third time and passed, as amer1ded, by the requi-

site constitutional majority, there being ayes, 26; nays, o.

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

Whole, a bill '' To throw restrictions around the reception

of pauper affidavits in judicial proceedings, and for other

purposes."

The Judiciary Committee proposed the following amend-

ments, which were agreed to, to wit : ' Amend by

striking out vf the 1st section all that clause beginning

with the words: '' Also, file with such," and ending with

the words: "Choses in action and;" also, amend by

strilcing out the words: " Foregoing and the," interlined

in the 15th line of said section. Also, amend by striking

out the word ''possible" in the 16th line of the 1st sec

tion, and inserting the word "reasonable."

The report as amended was agreed to. The bill was

read the third time, and on the question of its passage, the

ayes and nays were required to be recorded.

Those who voted in the affirmative are, to wit-Messrs.

Bower

Folks

Preston

Clarke

Hamiltonofthe14thSpeer

Clements ofthe I 5thHamilton of the21stStaten

198

JouRNAL oF THE SENATE

Clifton

Head

Tison of the 10th

Cumming

Howell

Turner

Drake

Hudson

Wellborn

DuBose

Lumpkin

MR. PRESIDENT

Duncan

McDaniel

Those who voted in the negative are, to wit-Messrs.

Boyd

Clements ofthe 44thPerry

Bryan

Grantland

Simmons

Candler

Holcombe

Ayes, 23. Nays, 8.

So the bill was passed, as amended, by the requisite

constitutional majority.

The Senate took up, as the report of the Commit-

tee of the Whole, a bill ''To amend the penal laws, by

making slander a crime, and prescribing a punishment."

The Judiciary Committee reported the following amend-

ment, to wit: ''Strike from the 1st section the proviso therein contai~ed, and insert the following : Provided,

that no Court in this State shall have jurisdiction to inquire

into the offenses set forth in this section, except the Su-

perior Court, upon presentment made, or indictment

found, by the Grand Jury of the county in which the

offense has been committed.' "

The same was further amended, on motion of Mr. Lump-

kin, by striking out ''may" and inserting '' would tend

to," in the 6th line of the 1st section.

The report, as amended, was agreed to.

The bill was read the third time, and on the question of

its passage the yeas and nays were, by Mr. Bower, requir-

ed to be recorded.

Those who voted in the affirmative are, to wit-Messrs.

Boyd

Clifton

Perry

Bower

Hamiltonofthe 14thPreston

Bryan

Harrison

Russell

Candler

Head

Simmons

Clarke

Howell

Speer

Clementsof the 15 thLumpkin

Wellborn

Those who voted in the negative are, to wit-Messrs.

Clements of the44thGrantland

McDaniel

Cumming

Grimes

Staten

Drake

Hamilton of the21stTison of the 1oth

DuBose

Holcombe

Turner

Duncan

Hudson

Mt. PRESIDENT.

Folks

Ayes, 18. Nays, 16. The bill, not having received the requisite constitutional majority, was lost.

Mr. Bower gave notice of his intention to move a reconsideration of the same.

The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives: ''To amend an act entitied an act to enable the purchasers of railroads to form corporations, and to exercise corporate powers, and to define their rights, powers, and privileges, assented to February 29th, 1876, by giving to said purchasers time to finish roads where the same are incomplete."

The same was amended, on motion of Mr. McDaniel, by adding the following to the proviso of the 1st section, to wit : '' Or any right to exemption from taxation."

The report, as amended, was agreed to.

The bill was read the third time and passed, as amended, by the requisite constitutional majority-there being ayes, 26; nays, o.

Leave of absence was granted Mr. Cabaniss, for a few days, on important business.
The Senate took up, as the report of the Committee of

200

JouRNAL OF THE SENATE

the Whole, a: bill "To compel assignees in certain cases, to give security."
The report was agreed to. The bill was read the third time and passed, by the requisite constitutional majority, there being ayes, 24; nays, 4 The Senate took up, as the report of the Committee of the Whole, a bill "To amend section 2558 of the Code, as to the sale of insolvent papers by administrators, and for other purposes." The reJ-ort was agreed to. The bill was read the third time and passed, by the requisite constitutional majority, there being ayes, 25; nays, 1. The Senate took up, as the report of the Committee of the Whole, a bill "To carry into effect paragraph 1, section 17th of article 6 of the Constitution of 1877, so as to provide for change of venue in civil cases." The Judiciary Committee proposed to amend the bill, by striking out the words "civil cases," wherever they occur, and inserting : '' All cases, either at law or in equity, in the caption, and in section rst." Also, strike from section 1st, the words: "In civil cases where the defendant is the county itself in which suit is brought, and." Also, by adding the following, to wit: ''Section 2. The same rules as to the attendance of witnesses, or taking testimony by commission, as now prevail, shall apply to cases removed just as if the case had originated in the county to which it has been transferred." Pending action on the foregoing amendments, the hour of adjournment arrived, Mr. Boyd having the floor, and the President declared the Senate adjourned until 10 o'clock a. m., to-morrow

~0[

SENATE CHAMBER, } Wednesday, December 4Jk, 1878, 10 o'clock a.m.

The Senate met pursuant to adjournment, the President in the chair.

Prayer by the Rev. Dr. Spalding.

On the call of the roll the following Senators answered to their names, to wit-Messrs.

Boyd

Folks

Bower

Grantland

Preston

Bryan

Grimes

Russell

Cabaniss

Hamiltonof the 14thSimmons

Candler

Hamilton of the21stSpeer

Clarke

Harrison

Staten

Clementsofthe 15thHead

Stephens

Clements ofthe44thHolcombe

Tison the of 10th

Clifton

Hudson

Turner

Drake

Lumpkin

Wellborn

DuBose

McDaniel

MR. PRESIDENT

Duncan

McLeod

The Joumal was read and approved.

The rule was suspended, and Mr. Cabaniss made a report on certain bills, which was read.
Under a further suspension of the rules, Mr. McDaniel, chairman of the Judiciary Committee, made a report '>.:hich was read. On his motion, one hundred copies of the bill offered as a substitute for the bill "To carry into effect article 9, of the Constitution of 1877, in relation to the homestead," were ordered to be printed for the use of the Senate.
Mr. Grantland moved the reconsideration of so much of the Journal of yesterday a.S relates to the passage of the bill "To amend section 1954 of the Code of Georgia, in

202

jouRNAL OF THE SENAT~

relation to mortgages." The motion to reconsider prevailed.
Mr. Bower moved the reconsideration of so much of the Journal of yesterday as relates to the refusal of the Senate to pass the bill ''To amend the penal laws by making slander a crime, and prescribing a penalty therefor."
On motion of Mr. Clements of the 44th, this motion to reconsider was laid on the table.
The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof, to wit :
Mr. President : The House of Representatives h;we passed the following
bills, to wit:
A bill "To be entitled an act to provide for the appointment of some proper person to preside in cases where the presiding Judge is disqualified;" also
A bill ''To be entitled an act to amend section 4692 of the revised Code of 1873, relating to the trial of joint defendants;" also
A bill "To be entitled an act to authorize foreign corporations to be sued in this State, and to provide for service of writs and process on such corporations, and for other purposes."
Under a suspension of the rules, Mr. Russell introduced a bill "To create in each county of this State the office of Tax Receiver, and to repeal local and other laws in conflict." The same was read the first time and referred to the Judiciary Committee.
Under a further suspension ofthe rules, Mr. Cumming, chairman of the Committee on the State of the Republic, made a report, which was read.

bECEMBER 4'l'H, IS7S.

Mr. Hudson, from the Committee of Agriculture, made

a report, which was read.

The unfinished business of yesterday was resumed, to

wit : The report of the Committee of the Whole, on

the bill ''To carry into effect paragraph 1, section 17, ar-

ticle 6, of the Constitution of 1877, so as to provide for

change of venue in civil cases." Certain amendments,

proposed by the Judiciary Committee, which were spread

in full upon the Journal of yesterday, were pending at the

time of adjournment.

Mr. Weliborn moved to amend the bill by adding the

following, to wit:

"Section 3 Be t furtlzer enacted, That the applicant for

the removal of any such cause, shall be required, as a con-

dition precedent to the removal of the same, to give bond

and security for the payment of the costs of the suit,

and judgment may be entered on such bonds as in appeal

cases."

After argument, Mr. Holcombe called for the previous

question. The call was sustained, and the main question

was put, to wit: The amendments proposed by the Judi-

ciary Committee. The same were adopted.

The question then recurred, on the motion of Mr.

Wellborn, to amend. The same was agreed to.

Mr. Boyd moved to disagree to the report of the com-

mittee, as amended, and on this required the yeas and

nays to be recorded.

Those who voted in the affirmative are, to wit-Messrs.

Boyd

Clements ofthe44thHarrison

Bryan

Grantla'ld

Head

Candler

Hamilton ofthe14thSimmons

Those who voted in the negative are, to wit-Messrs.

Bower

Folks

Perry

Cabaniss

Grimes

Preston

Clarke

Hamilton of the2 1stRussell

Clements ofthe I 5thHolcombe

Speer

Cumming

Howell

Staten

Drake

Hudson

Stephens

DuBose

Lumpkin

Turner

Duncan

McDaniel

Wellborn

McLeod

1\h. PRESIDENT.

Ayes, 9 Nays, 26.

So the motion to disagree to the report of the committee, as amended, did not prevail.
The report; as amended, was agreed to. Tfie bill was read the third time, and on the question of ils passage, Mr. Boyd demanded the yeas and nays to be recorded.

Those who voted in the affirmative are, to wit-Messrs.

Bower

Folks

Perry

Cabaniss

Grimes

Preston

Clarke

Hamilton of the2 I stRussell

Clements oftheiSthHolcombe

Speer

Cummings

Howell

Staten

Drake

Hudson

Stephens

DuBose

Lumpkin

Turner

Duncan

McDaniel

Wellborn

McLeod

MR. PRESIDENT.

Those who voted in the negative are, to wit-Messrs.

Boyd

Clements of the44th Harrison

Bryan

Grantland

Head

Candler

Hamiltonof the qthSimmons

Ayes, 26. Nays, 9

So the bill was passed, as amended, by the requisite constitutional majority.
Mr. Boyd gave notice of his intention to move a reconsideration of the same.
The following message was received from the House of

DECEMBER 4TH, 1878.

205

Representatives, through Mr. Goetchius, the Clerk thereof, to wit:
Mr. President: The House of Representatives have passed the following
bill, to wit:
A bill "To be entitled an act to amend section 24 of an act establishing a public school system for this State, approved August 23, 1873."
The following message was received from his Excellency the Governor, through Mr. Avery, his Secretary, to wit:
Mr. Presi'dent: I am dire~ted by his Excellency the Governor, to deliv-
er to the Senate a sealed communication, to which he respectfully invites the consideration of your honorable body in executive session.
On motion of Mr. McDaniel, the rules were suspended for the purpose of taking up the report of the Committee of the Whole, on the bill "To carry into effect article 9, of the Constitution of I877, so as to provide for taking the homstead under the same."
For this bill the Judiciary Committee reported as a substitute, a bill "To provide for setting apart homesteads and exempti~ns of property, for the sale thereof, and the reinvestment of the proceeds in other property upon the same uses, and for waiving the right to the benefit of such exemptions, in accordance with the provision of article 9, of the Constitution of this State."
Mr. Harrison moved that the foregoing subject matter be made the special order for to-morrow at I I o'clock a. m. This motion did not prevail.
Mr. DuBose moved that the substitute proposed by the Judiciary Committee be taken up by sections, and that the call ofthe previous question shall be construed as. relating

JouRNAL oF THE SENATE
exclusively to the section under consideration at the time of the call. This motion prevailed.
The first section was taken up and amended by changing the word "law" to "laws," where it occurs in the 18th line of the printed copy of the substitute.
Pending action on the question of agreeing to the first section, as amended, the hour of adjournment arrived (Mr. Harrison having the floor) and the President declared the Senate adjourned untiliO o'clock a. m., to-morrow.

m.} SENATE CHAMBER,
T!tutsday, December 5, 1878, IO o'clock a.

The Senate met pursuant to adjournment, Mr. Howell, the President pro tem. in the Chair.

Prayer by the Rev. Dr. Gwinn. On the call of the roll the following Senators answered to their names, to wit-Messrs.

Boyd Bower Bryan Cabaniss

DuBose . Duncan Folks Grantland

Lumpkin McDaniel McLeod Perry

Candler \.Iarke

Hamilton of the 14thPreston Hamilton ofthe 21stSimmons

ClementsofthersthHarrison

Speer

Clementsof the44th Head

Staten

Clifton

Hodges

Stephens

Cumming

Holcombe

Tison of the roth

Drake

Howell

Turner

Hudson

Wellborn.

The Joumal was read and approved.

Mr. .Boyd moved the reconsideration of so much of the

DECEMBER 5TH, 1878

207

Journal of yesterday as retates to the passage of the bill authorizing change of venue in certain cases.
On motion of Mr. Wellborn, the motion to reconsider was laid on the table.
On motion of Mr. Wellborn, leave of absence was granted Mr. Lester, the President, on important business.
On motion of Mr. Turner, leave of absence was granted the Committee on the Penitentiary, to allow them an opportunity for visiting the convict camps.
Mr. Cabaniss offered the following privileged resolution which was taken up and read, to wit:
"Resolved, That the Honorable James W. Cureton be invited to a seat upon the floor of the Senate during his stay in the city."
On motion of Mr. Bryan, the rules were suspended, when the following resolution was taken up, to wit:
"WHEREAS, great distress prevails among the people of this State, as well as most of the other States of this Union, and great apprehension and want of confidence pervade all circles, and business relations, by reason, as is generally thought, of the changeableness of values, and an inadequate supply of currency, and the uncertainty thereof, resulting from the contraction policy of the Federal Government, and unwise legislation in favor of classes, therefore, be it
Resolved, by the Senate, the House of Representatives concurring, that the Senators and Representatives of Georgia in the present Congress of the United States, and also, the said Senators and Representatives, elect, in the 46tlt Congress, are hereby most earnestly requested to use their influence and best exertions to procure, at as early a date as possible, a repeal ofwhat is known as the Resumption Act of 1875, and, also, of the National Bank Act, the substitution of legal tender Treasury notes (commonly call-

208

JouRNAL OF THE SENATE

ed greenbacks) for the outstanding circulation of said National banks, making said legal tenders receivable in payment of customs dues. And whatever other legislation may be necessary to provide a sufficient and healthy circulation of such legal tender currency to meet all the wants and necessities of the people and countrv.
''Resolved, That the Governor be requested to transmit to each of the said Senators and Representatives a certified copy of this resolution at as early a date as practicable."
The same was amended, on motion of Mr. Duncan, by adding the following, to wit:
"Resolved, jurtlzer, That we pray the present Congress of the United States to at once repeal the law requiring State banks and banking institutions to pay a tax of ten per cent. on all bills issued for currency."
The resolution, as amended, was agreed to. Mr. Bryan offered a resolution, adding Mr. Clifton to the Committee on the Penitentiary, which was taken up, read and agreed to. The roll call for the introduction of new matter, under a suspension of the rules, was ordered, and the following bills being introduced, were read the first time and referred to the Finance Committee, to wit: By Mr. CabanissA bill "To authorize and direct the Treasurer of the State of Georgia to pay certain past due bonds of the State of Georgia, held and owned by E. P. Scott & Co., of New York, the same being six per cent. bonds, signed by Chas.
J. McDonald, Governor, and being a portion of the public
debt of the State not declared invalid by the Constitution of -1877," and
By Mr. GrantlandA bill 'To carry into effect paragraph 1, section 8, article 3, ofthe Constitution of 1877."

DECEMBER 5TH, 1878.
The following bills were introduced, read the first time, and referred to the Committee on the Judiciary, to wit:
Ey Mr. P;cstonA bill "To add to and amend section 898 of the Code of 1873, in relation t.) the mode of redeeming land sold under tax fi. fas., and for other purposes." By Mr. Tison of the 10th districtA bill "To require pre-payment of a portion of the costs in suits instituted in the Superior Courts of this State;" also By Mr. TisonA bill "To exempt from jury duty the guards and overseers of penitentiary convicts emplcyed as railroad and farm hands, and to exempt said hands from road duty, etc.;" and By Mr. WellbornA bill "To extend the provisions of an act, entitled an act to provide for a Board of Commissioners of Roads and Revenue in the counties of Floyd, Berricn1 Effingham, Schley, Sumter, and Greene, approved December 13, 1871, to all the counties of this State on certain conditions." Mr. McLeod introduced a bill ''To amend section 742 to 751 of the Code of 1873, so as to extend the privileges therein granted to owners and lessees of steam mills, and for other purposes." The same was read the first time, and referred to the Committee on Corporations. The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof, to wit: Mr. President: The House of Representatives have passed the following bill, to wit : A bill "To be entitled an act authorizing the issue of
14

210

JoURNAL OF THE SENATE

bonds of the State of Georgia for t!"!e redemption of certain bonds of the State of Georgia falling due in the next three years, and to reduce the rate of interest on the same."
The House has concurred in the amendmenLs of the Senate, to the following bill of the Hous~, to wit:
A .bill "To be entitled an act to amend an act entitled an act to enable the purchasers of railroads to form corporations, and to exercise corporate powers, and to define their rights, powers and privileges, assented to February 29, 1876, by giving to c;aid f;Urchasers time to finish roads where the same are incomplete."
The unfinished business of yesterday was resumed, to wit: The bill in relation to homesteads and exemptions, as set out on the Journal of yesterday, the substitute proposed by the Judiciary Committee having been taken up by sections, and the first section thereof having been amended, by substituting the word '' laws" for the word "law," where the same occurs in the I 8th line of the printed copy.
Mr. Holcombe moved to amend the first section, by striking out all after the word '' claimed," in the 8th line of said section, with the view of inserting the following, to wit : '' Setting forth in full all the property of which petitioner, or beneficiaries, may be possessed, as well as that which petitioner claims to have set apart, as homestead and exemption, under this act."
Mr. Hodgesoffered the following as a substitute for the motion of Mr. Holcombe, to wit:
''Strike out from the I 3th line of the first section, the words, 'and ages.' "
Mr. Bryan moved to amend the first section, by striking out the word "he" in the sth line thereof, and inserting the words : '' The beneficiaries." Strike off the letter 's'

DECEMBER 5TH, 1878.

2I I

at the end of the wo;d ''resides," and strike out all between the word ''resides" and the word '' stating."
Mr. Hudson proposed to amend said section, by adding after the word " females," where it occurs in the I 3th line thereof, the words : ' Of any age."
On motion of Mr. DuBose, the morning session was extended to 2 o'clock p. m., to enable the Senate to dispose of the section of the substitute under consideration.
Under a suspension of the rules, Mr. Boyd introduced a bill ''To distribute the Land Script Fund as appropriated by act of Congress of July 2, 1862, to this State," which bill was read the first time, and referred to the Committee on Education.
The consideration of the unfinished business was resum ed, and, after argument thereon, Mr. DuBose called for the previous question. The call was sustained, and the main question was put, to wit: The substitute -of Mr. Hodges for the amendment of Mr. Holcombe. The same was lost. The an>endments of !.\ir. E0lcombe, Mr. Bryan, and Mr. Hudson, were severally submitted to the Senate, and lost.
The question then recurred on the adoption of the first section of the substitute, as amended on yesterday, by striking out the word ''law," where it occurs in the 18th line, and inserting the word '' laws." The same was adopted as amended.
The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof, to wit: ..Wr. President:
The House of Representatives have passed the following bills, and I am instructed to transmit the same forthwith to the Senate, to-wit :
A bill ''To be entitled an act to authorize the municipal

212

JoURNAL OF THE SENATE

authorities of towns and cities to compromise their bonded

debt, to provide for the issue and exchauge of new bonds

for outstanding bonds and coupons, to provide for the

establishment and management of a sinking fund for the

redemption of such new bonds and coupons, and for other

purposes;" also

A bill '' To be entitled an act to provide for the redemp-

tion of land sold under tax executions, to provide for the

mode of re-conveying the same."

The following message was received from the House of

Representatives, through Mr. Goetchius, the Clerk

th~reof, to wit :

Mr. President:

The House of Representatives have agreed to the fol-

lowing resolution, as a substitute for the resolution of the

Senate, by the requisite constitutional majority-yeas, I 19;

na.ys, 39-and I am instructed to transmit the same forth-

with to the Senate, and to ask their concurrence therein,

to wit~

A resolution "To take a recess from Friday, December

13, to first Wednesday in July, 1879, and to prolong the

session as long asthe public interest may ; equire."

On motion of Mr. Hudson, the rules were suspended

when the amendments ofthe House of Representatives to

the resolution ofthe Senate on the subject of a recess, was

taken up, the same being in the nature of a substitute,

with the following title, to wit:

A resolution ''To take a recess from Friday, December

13, to the first Wednesday in July, 1879, and to prolong

the session as long as the public interest may require."

Onthe-question of agreeing to the same, the yeas and

were recorded.

Those who voted in the affirmative are, to wit-M~s~rs.

Bower

Duncan

McDanie\

Bryan

Folks

McLeod

Cabaniss

Grantland

Perry

Candler

Hamilton ofthe14thPreston

Clarke

Hamilton of the 21stRusselL

Clements ofthe 15thHarrison

Simmons

Clements of the 44th Head

Speer

Cumming

Hodges

Stephens

Drake

Howell

Tison of the~IOth

DuBose

Hudson

Turner

Lumpkin

Wellborn

Those who voted in the negative are, to wit-Messrs.

Holcombe

Ayes, 32. Nays, 1.

The same having received the required constitutional

vote of two-thirds of all the Senators elected, was agreed

to.

The unfinished business was again resumed, and the 2nd

section of the substitute was taken up and adopted.

Section 3d, was amended, on motion of Mr. McDaniel, by

inserting after the word ''exemption" in the 7th line, the

words '' in which he shall state on oath, the value of the

realty piatted by him for exemption." The same was

adopted as amended.

Section 4th was adopted.

Section 5th was adopted.

Section 6th was adopted.

On motion of Mr. McDaniel, the session was further

extended until the disposal of the bill under consideration,

and it was ordered, on motion of Mr. Cumming, that no

leave of absence be granted to Senators during the remaiLl-

der of this day's session, except for Providential causes.

Section ;th was then adopted.

Section 8th was adopted.

The substitute as amended, was adoptod.

JouRNAL OF THE SENATE
The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by the requisite constitutional majority, there being ayes 24; nays, I. The Senate adjourned, on motion, until 10 o'clock a. m. to-morrow.

SENATE CHAMBER, } Friday, December 6, 1878, 10 o'clock a. m.

The Senate met pursuant to adjournment, the President pro tem., Mr. Howell, in the chair.
Prayer by the Rev. Mr. Hudson, Senator from the I 3th

district.

On the call of the roll the following Senators answered

to their names, to wit-Messrs.

Bower

Grantland

McD miel

Cabaniss

Grimes

McLeod

Candler

Hamilton oftheI 4thPerry

Clarke

Hamilton of the 2 I stPreston

Clementsof the I 5thHarrison

Russell

Clementsof the44thHawkins

Simmons

Cumming

Head

Speer

Drake DuBose Duncan Fain

Hodges Holcombe Howell Hudson

Stephens Tison ofthe 4th Troutman Wellborn

Folks

Lumpkin

MR. PRESIDENT.

The Journal was read and approved.

On motion of Mr. DuBose, leave of absence was grant-

ed Mr. Cumming, on important business.

Mr. 11 udson, chairman of the Committee on Education,

made a report, which was r(ad.

DECEMBER 6TH, 1878.

215

Mr. Hodges, chairman on the join~ ~pecial committee on

the equalization of the labors of Judges of the various cir-

cuits of this State, made the following report, to wit:

'' To tlze Senate and House of Representatives :

''The following resolution was adopted by tl1e joint com-

mittee, with the request that the same be reported to the

House and Senate:

"Resolved, That the committee do adjourn until the re-

assembling of the Legislature, in July, and that during the

adjournment of this committee, the members from each

Judicial Circuit on this committee do ascertain the num-

ber of weeks actually devoted by the Judge of his circuit,

both of regular and adjourned terms, per year, taking the

last four years and making an average from them, and so

near as pos;;ible ascertain the amount of duties performed

by such Judges at Chambers, and report the same to this

committee on its ri.;-assembling in July."

(Signed.)

FRED. B. HODGES,

Chairman Senate Committee.

F. CHAMBERS,

Chairman House Committee.

The rule was suspended, and the bill ''To authorize the

Trustees of the State University to accept as branches of

said University, Colleges of Agricultural and Mechanical

Arts and Sciences, to be established at Cuthbert and

Thomasville, in this State," was taken up, read the second

time, and passed to a third reading.

Under a further suspension of the rules, the following

bills of the House of Representatives were read the first

time, and referred to the Committee on the Judiciary, to wit:

A bill ''To authorize foreign corporations to be sued in

this State, and to provide for service of writs and process

on such corporations, and for other purposes."

A bill "To provide for the redemption of land sold

jouRNAL OF THE SENATE
under tax executions, to provide for the mode of reconveying the same, and for other purposes therein mentioned."
A bill ''To amend section 4692 of the Revised Code of 1873, relating to the trial of joint defendants."
A bill "To provide for the appointment of some proper person to preside in cases where the presiding Judge is disqualified;" and
A bill ''To amend section 2971 of the Code of 1873, so as to provide that in case of suits under said section, either the widow, or the children, as the case may be, shall recover the full value of the life of the deceased, and prescribing the manner in which the widow shall hold the amount recovered, and for other purposes."
The following bills of the House of Represen.tatives were read the first time, and referred to the Finance Committee, to wit:
A bill "To authorize the municipal authorities of towns dnd cities, to compromise their bonded debt, to provide for the issue and exchange of new bonds for outstanding bonds and coupons, to provide for the establishment and management of a sinking fund for the redemption of such new bonds and coupons, and for other purposes;" and
A bill '' To authorize the issue of bonds of the State of Georgia, for the redemption of certain bonds of the State of Georgia, falling due in the next three years, and to reduce the rate of interest on the same."
The bill of the House of Representatives, "To amend section 24 of an act establishing a public school system for this State, approved August 23, 1873," was read the first time and referred to the Committee on Education.
The following bills, undei a suspension of the rules, were read the second time and passed to a third reading, to wit:

217

A bill "To provide for the r.eturrt of collection of all

special taxes in this State, and for other purposes."

A bill ''To create the office of Tax Receiver in each

county of this State, and for other purposes."

A bill "To alter and amend, section 4th of an act to

render more efficient and economicali the inspection a.nd

analysis of fertilizers, and to amend the laws in relatio11

to the inspection, analysis, and sale of the same, approv-

ed 26th February, 1877."

A bill "To exempt from ta~tion, such propetty and

persons as paragraph 2, of section 2, of article 7, of the

Constitution, authorizes to be so exempted."

A bill "To prevent the careless use of fire arms in cer-

tain cases, to provide a punishment for the same, and for

other purposes;" and

A bill " Prescribing the manner by which county lines

may be changed."

The Senate took up the bill ''To pr-ovide for the equa.l

taxation of the citizen, and for other purposes."

The same was reported upon adversely by the Finance

Committee.

Mr. Preston moved to disagree to. the report of the Fi-

nance Committee.

Mr. Hodges called for the previous question, which was

sustained. The main question was. put, to w.it: Th.e mo-

tion to disagree to the report of the Finance <...ommittee.

On this proposition Mr. Prest-on required the yeas

and nays to be recorded.

Those who voted in the affirmative are, to wit-.Messrs.

Bower

Drake

Preston

Clements of the15thHamiltonof the 14th

Those who voted in the negative are; to wit--Messrs.

Cabaniss

Hamilton ofthezist~Leod

Candler

Harrison

Perry

218

JoukNAt oF tak SkNAT~

Clarke

Hawkins

Russell

Clements oi the44thHead

Simmons

DuBose

Hodges

Speer

Duncan

Holcombe

Stephens

Fain

Howell

Tison of the 4th

Folks

Hudson

Wellborn

Grantland

Lumpkin

Grimes

McDaniel

Ayes, 5 Nays, 28.

So the motion to disagree to the report of the Finance

Committee, which was adverse to the passage of the bill,

did not prevail.

The report of said Committee was agreed to and the bill

lost.

The adverse report of the Finance Committee on the

following bi:Is was :!greed to, an:i the bills lost, to wit: A bill "To reg~late tax returns on debts for the pur-

chase of real estate ;" and

A bill 'To relieve Confederate soldiers who lost a leg or

an arm in the late war from special tax of State, county

and municipal corporations."

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

the Whole, a bill "To carry into effect paragraph 18, sec-

tion 7, of article 3, of the Con~titution of 1877."

The Committee on Corporations reported the following

amendments, to wit :

Amend by striking out of section 1, the words "once a

week for one month," and substituting the words ''four

times l:n as many consecutive weeks."

Amend by substituting for section 8, the following, to

wit:

''Nothing in this act shall apply to schools, academies,

colleges or churches, and all laws in conflict with this act,

iLre hereby repealed."

s: DEcEMBER 6TH, r87

2Ig

The amendments were adopted. The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by the requisite constitutional majority, there being ayes, 23; nays, o. On motion of Mr. Hodges, the same was ordered transmitted, forthwith, to the House of Representatives. The Senate took up, as the report of the Committee of the Whole, a bill "To carry into effect paragraph 6, sec tion 2, article I, of the Constitution of I87J." For this bill the Judiciary Committee reported as a sub stitute a bill ''To provide for reaching the property of the debtor, concealed from the creditor, as required by paragraph 6, section 2, of article I, of the Constitution of Georgia." On motion of Mr. Holcombe, the substitute was taken up, for consideration by sections. The first section was adopted. The following message was received from his Excellency the Governor, through Mr. Avery, his Secretary, to wit: Mr. Presdent: 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. Duncan offeree the !"ollowing privileged resolution, which was taken up, read, and agreed to, to wit : Resolved, That the H on. Geo. N. Lester be invited to a seat on the floor of the Senate during hisstay in the city." The 2d section was taken up, and pending argument of the motion to adopt the same, the hour of adjournment arrived (Mr. Bower having the floor) and the President

j OURNAi. OP THJ! SENATE
pro. tem. declared the Senate adjourned until 10 o'clock a. m., tomorrrow.

a.m. . SENATE CHAMBER, }
Saturday, December 7,th, 1878, 10 o'clock. The Senate met pursuant to adjournment, the Presid,:mt in the chair. Prayer by the Rev. Mr. Perdue. On the call of the roll the following Senators answered to their names, to-wit-Messrs.

Boyd,

Grantland

Peny

Bower

Hamilton -of the 14thPreston

BryAA.

Hamiltonofthe 21stRussell

Cabaniss

Harrison

Simmons

candler

Haw~ins

Speer

Clarke

Head

Staten

Clementsof the15thHodgcs

Stephens

Clements ofthe44thHolcombe

Tison of th~ 4th

Cumming

Holton

Troutman

Drake

Howell

Turner

DuBose

Hudson

Wellborn.

Duncan

Lumpkin

MR; PRESID~NT.

Fain

McDaniel

Folks.

McLeod

The Journal was read and approved.

On motion of Mr. Hudson, leave of absence was granted Mr. Cumming on important business before the Supreme Court.
On motion of Mr. Clarke, the rules were suspended, and the Senate took up, as the report of the Committee of the Whole, the bill ''To authorize the Trustees ofthe State- University to accept as branches of said University, Colleges of Agricultural' and Mechanical Arts and Sciences,

DECEMBER 7TH, 1878.

221

to be established at Cuthbert and Thomasville, in this

State."

;J;he -report was agreed to.

Mr. Boyd moved to make this bill the special order

for Monday 'next, at II o'clock a. m. The motion did

not -prevail.

Mr. Clarke called for the previous question. The call

was sustained, and the main question was put, to wit~

"Shall the bill pass ?"

On this question Mr. Boyd required the ayes and nays

to be .recorded.

Those who voted in the affirmative are, to wit-Messrs.

:Bower

Grantland

Perry

Bryan

Hamiltonofthe14thRussell

Cabaniss

Hamilton of the21stSimmons

Candler

Harrison

Speer

Clarke

Head

Staten

Clements ofthe15thHodges

Stephens

.Clementsofthe44thHolcombe

Tison of the 4th

DuBose

Howell

Turner

Duncan

Hudson

MR. PRESIDENT.

Fc:.in

Lumpkin

.Folks

McDaniel

Those who voted in the negative are, to wit-Messrs.

Boyd

McLeod

Preston

-Holton

Ayes, 3 1. Nays, 4

So the bill was passed, having received the requisite

constitutional majority, and on motion of Mr. Clarke, was

ordered to be transmitted, forthwith, to the House of

Representatives.

On motion of Mr. Holcombe, the rules were suspended

when Mr. McDaniel, chairman of the Judiciary Committe-e,

made a rtWort, which was read.

222

jOURNAL OF TAR SRNATR

On motion of Mr. Holcombe, the rule was further sus-

pended, and the bill of the House of Representatives "To

provide for the redemption of land sold under tax exe-

cutions, to provide for the mode of re-conveying the same,

and for other purposes," was taken up. This bill had

been referred to the Judiciary Committee, who asked to be

discharged from its further consideration. The commit-

tee was discharged therefrom. The bill was recommitted

to the Committee of the Whole, read the second time, and

passed to a third reading.

On motion of Mr. Hudson, the .rule was suspended,

when the Senate took up, as the report ot the Committee

of the Whole, the bill "To alter and amend section 4, of

an act to render more efficient and economical the inspec-

tion and analysis of fertilizers, and to amend the laws in re-

lation to the inspection, analysis and sale of the same."

Approved 26th of February, 1877.

Mr. Howell proposed to am:!nd the bill by striking out

"fifteen" in the 18th line, and inserting m lieu thereof

''twenty-five."

Mr. Hudson called for the previous question. The call

was sustained. The main question was put, to wit: The

proposed amendment of Mr. Howell. The same 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. Perry required the yeas and

nays to be recorded.

Those who voted in the affirmative are, to wit-Messrs.

Boyd

Fain

McLeod

Bower

Grantl<lnd

Perry

Bryan

Hamilton ofthe 14thPreston

Cabaniss

Harrison

Russell

Candler

Head

Simmons

223

Clements ofthe15thHodges

Tison of the 4th

Drake

Hclcombe

Tison of the 1oth

DuBose

Hudson

Troutman

Duncan

Lumpkin

Turner

McDaniel

MR. PRESIDENT.

Those who voted in the negative are, to wit-Messrs.

Clements ofthe44thHolton

Stephens

Folks

Speer

Ayes, 29. Nays, 5

So the bill was passed, as amended, by the requisite constitutional majority.

Mr. Cabaniss, chairman of the Committee on Finance, made a report, which was read.

On motion of Mr. Holcombe, the bill of the House, ''To provide for the redemption of land sold under tax executions, to provide for the mode of reconveying the same, and for other purposes," which was read the second time this day, was recommitted to the Judiciary Committee.

On motion of Mr. Russell, the rules were suspended, and a resolution of the House of Representatives, " Appointing a committee to investigate the Wild Land sales of this State," was taken up and concurred in. The President announced Messrs. Russell and Candler as the committee on the part of the Senate, under the foregoing resolution.

On motion of Mr. Perry, the Senate went into executive session, and having remained some time therein, returned to open sess;on.

On motion of Mr. Howell, the time of this day's session was extended indefinitely.
On motion of Mr. Hodges, the rules were suspended, and the call of the roll, for the introduction of new matter, was ordered, when the following bills were introduced,

224

JouRNAL OF THE SENATE

read thefirst time, and referred to the Committee on the Judiciary, to wit:
By Mr. Clements of the 44thA bill '' 1'o regulate official advertising in this State, and to protect persons and parties interested therein, and for other purposes. "
By Mr. FolksA bill ''To make betting a crime, and to provide a punishment therefor."
By Mr. PrestonA bill ''To provide for allowing defendant:o in cases of the levy of distress warrant to replevy property distrained in fonna pauperis."
By l\1r. Tison of the rothA bill '' To compensate Tax Receivers for returning defaulting tax payers, and for preparing agricultural digests, and for commissions of Tax Receivers and Tax Collectors for collecting taxes of defaulters." By Mr. Troutman~ A bill "To amend the Constitution of this State, in relation to the election of Judges ;" and By Mr. Lester, the PresidentA bill '' Authorizing the -formation of limited partnership, in which the capital subscribed shall alone be responsible for the debts, except under certain circumstances." Mr. Fain introduced a bill "To amend an act to provide for the further protection of the State, where its en dorsement has been obtained upon railroad bonds, and enable the Governor to appoint commissioners to manage, on>therwise -di~pose of tlte same, under his authority, so far as said -act may affect the Macon and Brunswick Railroad." The same was read the first time, and referred to

DECEMBER 9TH, 1878.

225

the special committee on the Macon and Brunswick Railroad.
Mr. Hodges offered a bill "To repeal an act approved 26th February, 1877, to render more efficient and eco nomical the inspection of fertilizers," which was read the first time and referred to the Committet: on Agriculture.
On motion of Mr. DuBose the rules were suspended, and the bill '' To prescribe a form of oath in pauper cases carried to the Supreme Court of this State," was recommitted to the Judiciary Committee.
The unfinishec' business of yesterd,q was resumed, to wit: A bill "To carry into effect paragraph 6, section 2, article I of the Constitution of 1877." For this bill the Judiciary Committee reported as a substitute a bill ''To provide for reaching the property of the debtor, concealed from the creditor, as required by paragraph 6, section 2, of article I of the Constitution of Georgia." The substitute was taken up by sections, and the first section was adopted on yesterday, the question of adopting the second section pending at the hour of adjournment on Friday.
Pending argument upon the second section, the Senate, on motion of Mr. Perry, adjourned until 10 o'clock a. m. Monday.

a.m.} SENATE CHAMBER,
Monday, December 9, 1878, 10 o'clock

The Senate met pursuant to adjournment, the President

in the chair.

Prayer by the Rev: Mr. McCauley.

On the call of the roll the following Senators answered to

their names, to wit-Messrs.

Boyd

Fain

McLeod

Bower
IS

Folks

Perry

226

JouRNAL OF THE SENATE

Bryan

Grimes

Preston

Cabaniss

Hamilton ofthe 14thRussell

Candler

Hamilton ofthe 2 IstSimmons

Casey

Harrison

Speer

Clarke

Hawkins

Staten

Clementsofther 5th Head

Stephens

Clementsofthe44thHodges

Tison of the roth

Clifton

Holcombe

Troutman

Cumming

Holton

Turner

Drake

Hudson

Wellborn.

DuBose

Lumpkin

MR. PRESIDENT.

Duncan

McDaniel

The Journal was read and approved. The following message was received from th~ House of Representatives, through Mr. Goetchius, the Clerk thereof, to wit :

Mr. Presz'dent: The House of Representatives have passed the following
bill, to wit: A bill '' To be entitled an act making appropriations
for the Executive, Legislative, and Judicial expenses of the Government, and for other purposes herein mentioned, per annum, for the years 1879 and r88o."
Mr. Cabaniss moved a reconsideration of so much of the Journal of Saturday as relates to the concurrence of . the Senate in the resolution of the House of Representatives "Appointing a committee to investigate the Wild Land sales of this State."

After argument, Mr. Speer called for the previous question. 'l'he call was sustained, and the main question was put, and the motion to reconsider did not prevail.
On motion of Mr. Hudson, the rules were suspended to allow reports of the standing committees1 and under the

DECEMBER 9TH, 1878.

227

suspension of the rules, he made a report on certain bills, which was read.

Under a fur!her suspension of the rules, Mr. Preston, cha:rman of the special committee to confer with the a'-1thorities of the city of Atlanta, in regard to the time when it will be convenient for the city to begin the execution of the generous proposition made by it to the people of Georgia with reference to the location and construction of a State Capitol," made the following report, to wit :

''The joint committee of the Senate and House of Representatives, appointed to confer with the Mayor and General Council of the city of Atlanta, with a view to ascertain with some degree of certainty within what tin,e it will be co.;venient for the city to begin the execution of the generous proposition made by it to the people of Geogia, with reference to the location and construction of a State Capitol, beg leave to report:
' That the committee have discharged the duty devolved upon them; that the committee have had an interview with the General Council of the city of Atlanta, and report the resolution of the General Council of the city of Atlanta, and report the response of the General Council contained ;n the foliowing resolution:

''Resolved, That in response to the resolution of the General Assembly in reference to Atlanta's offer to the State to furnish a site for a capitol, and to huild one as good as the old capitol at Milledgeville, that the city of Atlanta is ready to comply with the offer to the State, when called upon by the General Assembly to do so."

The resolution of which the foregoing is a copy, is herewith made a part of this report, duly certified by the

228

JouRNAL OF THE SENATE

Clerk of Council as correct, and attested by the seal of the

city of Atlanta.

Respectfully submitted,

(Signed.)

JOSEPH W. PRESTON,

Chairman of the Senate Committee.

(Signed.)

BEN. C. YANCEY,

Chairman of the House Committee.

Cnv CLERK's OFFICE, }
Atlanta, Ga., December 6, 1878.

At a called meeting of the Mayor and General Council

held this day at the Mayor's office, Cour.cilman English

introduced the following resolution, which was unanimous-

ly adopted, viz:

Resolved, That in response to the resolution of the Gen-

eral Assembly in reference to Atlanta's offer to the State

to furnish a site for a capitol, and to build one as good as

the old capitol at Milledgeville, that the city of Atlanta is

ready to comply with her offer to the State when called

upon by the General Assembly to do so.

I hereby certify that the above is eo. true and correct

transcript from the regular minutes of the Mayor and Gen-

eral Council of the city of Atlanta, Georgia.

[Seal.]

FRANK T. RYAN,

City Clerk.

The Senate resumed consideration of the unfinished business of Saturday, to wit: The question of agreeing to the second section of the substitute reported by the Judiciary Committee for a bill "To carry into effect paragraph 6, section 2, article 1, of the Constitution of 1877."
After argument thereon, Mr. Perry called for the previous question. The call was sustained. The main question was put, to wit: The question of agreeing to the second section of the substitute. The same was agreed to.
The 3d section was taken up.

Mr. Clements proposed to amend the same by inserting

between the words ''debtor" and "when" in the 6th line,

the following, to wit:

''Provided, that before such order shall be granted, such

creditor shall make and file a bond, with good and suffi-

cient security, conditioned for the payment of all costs and

damages that may be sustained by such debtor in con-

sequeilce of the granting of such order, in the event that

the issue in such case shall be found in favor of such debtor,

and it shall appear that such affidavit to procure such

order was made without reasonable grounds therefor."

Mr. Cabaniss moved that the whole of the third section

be stricken out.

Mr. Hodges called for the previous question. The call

was sustained. The main question was put, to wit: 1st,

the proposed amendment of Mr. Clements of the 44th dis-

trict. The same was agreed to.

The question recurred on the motion of Mr. Cabaniss to

strike out the whole of the third section. On this Mr.

Bryan required the yeas and nays to be recorded.

Those who voted in the affirmative are, to wit-Messrs.

Boyd

Duncan

Perry

Bryan

Fain

Simmons

Cabaniss

Foli<:s

Staten

Casey

Grantland

Stephens

Clarke

Grimes

Tison of the 10th

Clementsofthe44thHawkins

Troutman

Clifton

Holcombe

Turner

Cumming

Holton

Wellborn

Drake

Lumpkin

MR. PRESIDENT

DuBose

McLeod

Those who voted in the negative are, to wit-Messrs.

Candler

Head

Russell

Hamiltonofthe14thHodges

Speer

230

JouRNAL OF THE SENATE

Hamiltonof the2 I stHowell

Tison of the 4th

Harrison

Preston

Ayes, 29. Nays, 1I.

So the motion to strike out the 3d section was

agreed to.

On motion of Mr. Holcombe, it was ordered that when

the Senate adjourns this day, at the usual hour, it will ad-

journ to meet again at 3 o'clock p. m., for the purpose of

reading bills of the Senate and House of Representatives,

the first and second times.

On motion of Mr. Cabaniss, leave of absence was grant-

ed Mr. Hudson for the remainder of this day's session.

The following message was received from his Excel-

lency the Governor, through Mr. A very, his Secretary,

to wit:

Mr. President:

.I am directed by his Excellency the Governor, to deliv-

er to the Senate a sealed communication, to which he re-

spectfully invites the consideration of your honorable body

in executive session.

The 4th section of the substitute under consideration,

was taken up, and, on motion of Mr. Clarke, was stricken

out.

The 5th section was taken up. Mr. McDaniel proposed

to amend this section as follows, to wit: "Amend 5th

section by striking out the words '' on arrest made," and

inserting instead the words : '' A debtor is committed to

jail," in 1st and 2d lines. Also, strike out the words "ar-

rest and," in the 2d line, and in 3d and 4th lines the

words: ''If the issue be found against him.'

Mr. DuBose called the previous question. The call was

sustained. The main question was put, to wit: The

amendment offered by Mr. McDaniel. The same was

~greed to. The 5th section, as amended, was agreed to.

The question recurred upon the adoption of the substitute as amended. The same was adopted.

The report, as amended, was agreed to. The bill was read the third time, and, on its passage, Mr. Holcombe required the yeas and nays to be rec01dcd.

Those who voted in the affirmative are, to wit-Messrs.

Boyd

Folks

Preston

Cabaniss

Grimes

Russell

Candler

Hamilton ofthe14thSimmons

Casey

Hamilton of the21stSpeer

Clarke

Harrison

Staten

Clementsofthe 15thHawkins

Stephens

Clements of the44thHodges

Tison of the Ioth

Clifton

Holton

Troutman

Cumming

Howell

Turner

DuBose

Lumpkin

Wellborn

Duncan

McDaniel

Mr. PRESIDENT.

Fain

Perry

Those who voted in the negative are, to wit-Messrs.

Bower

G!"antland

McLeod

Bryan

Head

Drake

Holcombe

Ayes, 35 Nays, 7

So the bill was pas;;ed, as amended, by )he requisite constitutional majority, and, on motion of Mr. DuBose, was ordered to be transmitted, forthwith, to the House of Representatives.

Under a suspension of the rules, Mr. Fain, chairman of the special committee on the Macon and Brunswick Kailroad, made a report, which was read.

The hour of adjournment having arrived, the President declared the Senate adjourned until 3 o'clock p. m.

JouRNAL OF THE SENATtt
3 O'CLOCK P. M. The Senate met pursuant to adjournment, the President in the chair. The bill of the House of Representatives '' Making appropriations for the Executive, Legislative, and Judicial expenses of the Government, and for other purposes herein mentioned, per annum, for the years 1879 and 1880," was read the first time, and referred to the Committee on Finance. On motion of Mr. Speer, one hundred copies of the foregoing bill were ordered to be printed for the use of the Senate. Leave of absence was granted the members of the Finance Committee for this afternoon. The following bills of the House of Representatives were read the second time, and passed to a third reading, to wit: A bill "To amend section 24 of an act establishing a public school system for this State," approved August 23, 1873 A bill "To authorize the municipal authorities of towns and cities to compromise their bonded debt, to provide for the issue and exchange of new bonds for outstanding bonds and coupons, to provide for the establi:.hment and management of a sinking fund for the redemption~of such new bonds and coupons, and for other purpuses ;" and A bill "To permit parties defendant, in all cases where a plea of recoupment has been filed, to recover therein any damages proven in excess of the claim of the plaintiff." The following bills of the Senate were read the ~econd time and passed to a third reading, to v:i::

233

A bill "To change the time of holding the Superior

Courts of the counties of Haralson and Floyd."

A bill ''To change the time of holding the Superior

Court in the county of Gordon;" and

A bill 'To amend an act to provide for the further pro

tection of the State where its endorst:ment has been ob-

tained upon railroad bonds, and enable the Governor to

appoint Commissioners to manage or otherwise dispose of

the same under his authority, so far as said act may affect

the Macon and Brunswick Railroad."

The Senate took up the report of the Judiciary Commit-

tee on the bill "To discharge witnesses who have been

subp<rnaed, in certain cases," said report being adverse

to the passage of the bill.

1\Ir. Bower moved to disagree to the report, and on this

propcs\tion required the yeas and nays to be recorded.

Those who voted in the affirmative are, to wit-Messrs.

Bo\Yer

Speer

Those who voted in the negative are, to wit-Messrs.

Boyd

Grimes

Lumpkin

Casey

Hamiltonofthe14thMcDaniel

Clarke

Harri,;on

Perry

Clements ofthe15thlf;mkins

Preston

Clements ofthe 44thHead

Simmons

Cumming

Hodges

Stephens

Fain

Holcombe

Troutman

Folks

Holton

Well born

MR. PRESIDENT.

Ayes, 2. Nays, 25.

So the motion to disagree to the report of the Judiciary

Committee did not prevail, and the biH was, therefore,

lost.

Ti1e bill of the House of Representatives "To increase

and fix the amount of the bond to be given by the Treasu-

.

234

rer of the State Lunatic Asyluni," ~as read the second

time and p'assed to a thi~d reading.

.

The bill to authorize Superior and County Courts to

render judgment at the first term, in certain cases,. was

withdrawnby Mr. Russell, with the unanimous consent of

the Semite.

.

The aclverse report of the Judiciary Committee, on the

following bills, was agreed to, and the bills lost, to wit:

A bill "To establish in each county in this State a

Court to be known.as .tl)e Inferior Court ;" and

I A bill .. .. To amend . section 453 I of the Code of th:e

Sta":~ of Georgia."

The bill "To di stribute .the Land Script Fund, as appropriated by act of Congress of July 2rl, 1862, to this State, and for other purposes," was read the second time. The Committee on Education reported adversely to its passage. .
Mr. Boyd n10nd to d i.;agree to the report of the Committee. .Pend ;ng a ,ti Oil on th is propos: tion, Mr. Wellborn mo ved that dH:: oil! be_lll. ttle the special order for Tuesday, the 1oth in;;taut, at I 1 o' clock a. m., whi\:h motion prevailed.

The Senate, on motion, adjourned until 10 o'clock a. m., to-morrow.

. SE~ A TE CHAMBER, } Tut'sday , Deccmbrr 10:/t , t l:ijS, 10 r'uH~ a. 111_
The Sen <~ le met pu r;;uant to adjou rnment, the President in the Chair.
Praye'r by the Rev. John T. Clarke, Senator frcm the 11th District.

- -

'

235

On the call of the roll the follo.,ving Senators answered to

.their ~lames, to ~it-Messrs.

Boyd Bower

F ain Fo .;s

McLeod Perry

_Bryan Cabaniss

G. rantla. .nd

Pr.eston

H am ilton of the14thRussell

.Candler . .~: Casey

.H am-i lton of the21stSimmons

H a\rkin.s

Speer

Clarke

Head

Stateri

Clements of the I 5th H odges

Stephens

Clements ofthe44thHofcombe

Tison of the 4th

Clifton

H olt on

Tison the of 1oth

Cumming

Howell

Troutman

Drake

Hudson

T~rner

DuBose. Duncan'

Lumpkin McDaniel

W~llbo,-n
MR~ PkEsiDENT

The J oull!al was read and approved.

Mr. Cabaniss, chairman of the Finance Committee, made a r~port on the following bills of the House ~f Represen-

W.tives, w~ich bills, on his motion, were taken up and read

~he second time, to wi~:

A bill "To authori~e the issue of b.onds of the State of

Georgia for the redemption -of certain bonds of the State

?f Georgia falling due in the next thr~e years, ~nd to 're-

duce the rate of interest on the same ;" and .

A bill ''Making appropriations for the Executive, Leg-

islative and Judicial expenses of the Government, and for

other purposes, herein mentioned, per annum, for the

years 1879 and 1880."

On motion of Mr. Speer, one hundred, copies of the

foregoing bill in relation to the issue of bonds, etc., were

ordered to be printed for the use of the Senate..

Mr. Boyd, under a suspe~sion of the rules, offered a

resolution to appoint a joint committee of the Sen~~e and
"

jouRNAL oF THE SENA~
House of Representatives to visit and report upon the condition ot the North Georgia Agricultural College. The same was read, and on motion of Mr. Speer, laid on the table.
Mr. McDaniel, chairman of the Committee on the Ju-
diciary, made a report, which was read. The Senate, on motion of Mr. Lumpkin, went into ex
ecutive session, and having remained some time therein, returned to open session.
The Senate took up, as the report of the Committee of the Whole, a bill of the House of Representatives: ''To authorize municipal authorities of towns and cities to compromise their bonded debt, to provide for the issue and exchange of new bonds for outstanding bonds and coupons, to provide for the establishment and management of a sinking fund for the redemption of such new bonds and coupons, and for other purposes."
The report was agreed to. The bill was read the third time, and, passed by the requisite constitutional majority, there being ayes 26; nays, o.
The same, on motion of Mr. Cabaniss, was ordered to be transmitted forthwith to the House of Representatives.
The tollowing message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof, to wit : Mr. President:
The House of Representatives have passed the following bills, to wit :
A bill ''To be entitled an act to prevent any coroner in the State of Georgia receiving as fees, either for holding inquests or for hurrying the dead bodies, a sum, per annunJ, of mpre than fifteen hundred dollars, out of the County Treasury;" also
A bill ''To be entitled an act to levy and cotlect a tax

DECEMBER lOTH, 1878.

237

for th~ support of the State Government an~ the public institutions, to pay the interest and a portion of the principal of the public debt, and for educational and other purposes, herein mentioned, for the fiscal years 1879 and 1880," and I am instructed to transmit the same to the Senate forthwith.
Under a suspension of the rules, the bill of the House of Representatives "To levy and collect a tax for the -support of the State Governmer.t and the public institu tions, to pay the interest and a portion of the principal of the public debt, and for educational and other purposes herein mentioned, for the fiscal years I 879 and I 88o," was read the first time and referred to the Committee on Finance.
The bill of the House of Representatives ''To prevent any Coroner in the State of Georgia receiving as fees, either for holding inquests, or for burying the dead bodies, a sum, per annum, of more than fifteen hundred dollars out of the County Treasury," was read the first time and committed to the C0mmittee of the Whole. . Ti1e hour of 11 o'clock a. m. having arrived, the Senate took up the special order, to wit : The motion to disagree to the adverse report of the Committee on Education on the bill " To distribute the Land Script Fund, as appropriated by act of Congress of July 2d, 1862, to this State, and for other purposes."
On motion of Mr. DuBose, the motion to disagree to the report of the Committee on Education, and the bill were laid on the table for the present.
Under a suspension of the rules, Mr. Preston offered the following resolution, to wit:
"WHEREAS, It now becomes a fixed fact th<!-t the capi~ol of the State of Georgia is to . be permanently located in the city of Atlanta; and, whereas, the present capitol

JoURNAL oF TH!': SENATE
is unfitted, in many respects, for the purposes or Government; and, whereas, it is expedient that the work of constructing a new capitol should be commenced at as early a date as practicable; and, whereas, the city of Atlanta, by resolution of her General Council, has formally indicated her readiness to comply with her offer to the State whenever called upon to do so by the Legislature ; therefore, be it
' Resolved by the Smale and House of Representatives n Gnural Assembly met, that a committee of five from the Senate, to co-operate wit!. a similar committee of eight from the House, be, and they are hereby appointed to cuufer with the city authorities of Atlanta, and to select and agree upon the particular grounds, or site, for the lo..:ation of the capitol building; to take into careful consideration the style, plan, character, and probable cost of the new capitol. To that end they are hereby instructed to consult the best architectural skill within their power, and to report the piat, place, plan, style, character, and all their acts and doings in the premises, to this General Assembly when it shall re-assemble.
''Resolved, That it shall be the further duty of this committee to negotiate for the sale of the present capitol; to ascertain at what price, and on what terms, the sale can be affected, and to report thereon as aforesaid : Provided, that no proposition shall be made looking to the delivery of exclusive possession until the new capitol shall have been completed."
Mr. Lumpkin proposed to amend the first resolution by adding thereto the following, to wit : Provided, said committee may, also, consider and report upon any proposition which may be made by the city of Atlanta, to pay a given sum of money in lieu of her proposition to build a State Capitol."

DECEMBER lOTH, 1878.

239

Mr. Speer proposed. to amend, by striking from the resolution everything except the selection of the capitol site."

Mr. Fain moved to amend, by striking out the whole of the second clause of the resolution.

Mr. Bryan moved the indefinite postponement of the pending subject matter.

On this motion, Mr. Hamilton of the 21st, called for the previous question. The call was sustained, and the main question was put, to wit: The motion to indefinitely postpone.

On this Mr. Preston required the yeas and nays to be recorded.

Those who voted in the affirmative are, to wit-Messrs.

Bower

Fain

Holcombe

Bryan

Folks

Howell

Cabaniss

Grantland

Hudson

Candler

Grimes

McLeod

Clarke

Hamiltonofthe14thSimmons

Clements of the 44thHarrison

Speer

Cumming

Hawkins

Tison of the 4th

Drake

Head

Wellborn

DuBose

Hodges

Those who voted in the negative are, to wit-Messrs.

Boyd

McDaniel

Clements ofthe I sthPerry

Clifton

Preston

Duncan

Russell

Hamilton of the 2 IstStaten

Holton

Stephens

Nays, 26. Nays, 16.

Tison of the 10th Troutman Turner MR. PRESIDENT.

So the motion to indefinitely postpone prevailed.

The followini bills of thtt House of Representatives

JoURNAL OF THE SENATE
were read the second time and passed to a third reading, to wit:
A bill ''To amend section 2971 of the Code of 1878, so as to provide that in case of suits under said section, either the widow or the children, as the case may be, shall recover the full value of the life of the deceased, and prescribing the manner in which the widow shall hold the amount recovered, and for othl!r purposes;" and
A bill ''To amend section 4692 of the Revised Code of 1873, relating to the trial of joint defendants."
The report of the Judiciary Committee on the bill of the House of Representatives "To provide for the appointment of some proper person to preside in cases where the presiding Judge is disqualified," was taken up. The same, which was adverse to the passage of the bill, was agreed to, and the bill was, therefore, lost.
The Senate took up, as the report of the Committee of the Whole, the bill "To prescribe the manner of foreclosing certain chattel mortga~es, and to confer jurisdiction on Justices of the Peace, and for other purposes."
The report was agreed to. The bill was read the third time and passed by the requisite constitutional majority, there being ayes, 28 ; nays, 1. The Senate took up, as the report of the Committee of the Whoie, a bill ''To regulate the manner of giving in Wild Lands for taxation, and the sale and redemption thereof, and for other purposes." The same was amended, on motion of Mr. Holton, by striking out of the title the words "and redemption." Also, by striking out the ;th section, and making succeeding sections conform in numbers to the altered condition of the bill. The same was further amended, on motion of Mr.

. DECEMBER I ITH, I8]8.
Cabaniss, by inserting, after the word '' execution," in the 3d line of the 6th section, the words : '' In double the amount of the tax assessed."
The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by the requisite constitutional majority, there being ayes, 26; nays, o. On motion, the Senate adjourned until IO o'clock a. m. to-morrow.

.

SENATE CHAMBER, }

Wednesday, December I I, 1878, IO o'clock a. m.

The Senate met pursuant to adjoun;ment, the President

in the chair.

Prayer by the Rev. A. T. Spalding, D. D.

On the call of the roll the following Senators answered

to their names, to wit-Messrs.

Boyd

Folks

McLeod

Bower

Grantland

Perry

Bryan

Grimes

Preston

Cabaniss

Hamilton oftheI 4thSimmons

Candler

Hamilton ofthe 2I stSpeer

Casey

Harrison

Staten

Clarke

Hawkins

Stephens

Clementsof thersthHead

Clementsof the44thHodges

Clifton

Holcombe

Cumming

Holton

Drake

Howell

Tison of the 4th Tison of the 10th Troutman Turner Wellborn

DuBose

Hudson

MR. PRESIDENT.

Duncan

Lumpkin

Fain

McDaniel

The Journal was read and approved. 16

JoURNAL OF THE SENATE
Mr. Holton moved a reconsideration of so much of the Journal of yesterday as relates to the indefinite postponement of a resolution in relation to the location, etc., of a site for the State capitol.
On motion of Mr. Holcombe, the motion to reconsider was laid upon the table.
Mr. Turner, chairman of the Committee on the Penitentiary, made the following report, which was read, and on motion of Mr. Howell, one hundred copies of the same were ordered to be printed for the use of the Senate.
Mr. Turner, chairman of the Committee on the Penitenitentiary, made the following report, to wit :
The Committee on the Penitentiary have given the Penitentiary system of the State very careful and laborious consideration. Sub-committees have visited every camp in the State except one, and that one they have obtained specific information about from the principal keeper.
They feel, therefore, that they are prepared to make a very full report in regard to the working of the present lease system, which has been in operation for the past ten years, and which by law, approved February 25th, 1876, is to be continued for twenty years from the 1st of April 1879. By this act, which was intended to go into operation on the 1st of April, 1879, or sooner, if the emergency of forfeited leases should render it necessary, the Governor was authorized to advertise for bids for all the convicts which might be on hand on the 1st of April, 1879. He did so advertise, and on the 21st of June, I 876, the whole convict force were let to the then following companies: Penitentiary No. I, composed of Joseph E. Brown, Julius L. Brown, John T. & W. D. Grant of Georgia, and Jacob W. Seaver of Boston, Mass. Penitentiary No. 2, composed of Benj. G. Leckett, John B. Gordon, L. A.
Jordan, and W. B. Lowe. Penit~ntiary No. 3, composed

DECEMBER I ITH, 1878.

243

of William D. Grant, W. W. Simpson, Thomas Alexander, John W. Murphy, and John W. Renfroe. By the terms of this lease, Penitentiary No. I, which is known as the Dade Coal Mines, is to be kept up to three hundred able-bodied long term men, and the balance of the convicts are to be divided between Penitentiary No. 2 and Penitentiary No. 3 This will give, from present calculations, about four hundred and fifty convicts to each of these two prisons on the first of April, I879 To this number are to be added, whenever the Marietta and North Georgia Railroad is completed, whatever number of hands that road may have in their employ. By the terms of the twenty years' lease act, the Governor was authorized to furnish to the Directors of that road, upon their application for the same, two hundred and fifty hands, or so many thereof as they should desire. They now have nearly one. hundred and fifty. A more recent act of the General Assembly, also gave to this road the nett proceeds arising from the hire of the whole Penitentiary for three years. The State gets ($25,000) twenty-five thousand dollars per annum for the whole number, out of which are to be paid the expenses of the salaries of the principal keeper, Chaplain, and Physician. In December, I876, the Marietta and North Georgia Railroad declined to accept riine convicts who were assigned to them, and this devolved upon Governor Smith the necessity of establishing the three Penitentiaries under the law of 1876. Accordingly, Penitentiary No. I was established at the Dade Coal Mines, under the management of Joseph E. Brown; Penitentiary No. 2, in Greene county, under Thomas Alexander. Since that time, to wit: on the ISth day of Januury, I878, a branch Penitentiary has been established by Governor Colquitt, in Taylor county, on the lands of General J o~n B. Gordon. The hands in this prison are divided into two

244

JouRNAL oF THE SENATE

camps, one of which is in charge of Mr. C. B. Howard, and the other is under the control of Edward Cox, agent and manager for John B. Gordon. The convicts now un der the control of W. D. Grant, at Old Town, in Jefferson county, and at his home place in Fulton county, at his Richmond County Camp, and at his camp in Bartow county, numbering in the aggregate about three hundred; then with Henry Taylor, in Washington county, to the number of fifty; then with A. Smith Barnwell, on Champney Island, to the number of sixty-five, and then under the control of T. Jack Smith, in Washington county, and at Savannah, to the number of about one hundred, are all held under the act of March, 1874, which will expire on Ist April, 1879 It will be the duty of the Governor, when their leases expire, to instruct the principal Keeper to turn them .all over to the three established Penitentiary Companies, and your committee recommend that all the convicts who then are in the hands of these various lessees, be ordered into these respective prisons as soon as their present leases are terminated, either by act of law or for other causes. This will enable the law, which requires that a Physician and a Chaplain be appointed for their medical attention and moral improvement, to be enforced. At present, there are neither Physician or Chaplain, as the camps are so numerous and so widely separated, that it would require one month of steady traveling for the principal keeper to spend ten hours in each camp. Therefore, the Governor has not found it practicable to appoint either a Physician or Chaplain. Neither has the principal keeper been able to comply with section 8 of the law, which requires that he should make a monthly inspection.
We regret to find in many of the camps, that the law requirihg the convicts to be safely kept and properly guarded, is not observ~d. In but two of the camps visited is

DECEMBER I ITH, 1878

245

there a compliance with the regulations, namely, the camp of B. G. Leckett, in Dougherty county, and at the Dade Coal Mines. We are glad to report these camps in thorough order and under strict discipline, and hence it is, as will be found by reference to the report of the principal keeper, that in these camps the escapes are less than the average for forty-nine years, when they were kept in walls. The average term of a prisoner is five and a half years. The average of escapes under the old system was seven per cent. for a term.. At the Dade Coal Mines for the same period, thert: has been only one escape in an average of nearly three hundred men, about one-third of one per cent. Col. Leckett has had his convicts only about two y.ears, but in that time he has had only four escapes. The average of escapes at all the rest of the camps, including .those killed i~ attempting to escape, owing to insufficient number of guards, has been from twenty to forty-five per cent. Hence it is, that there are now upwards of five hundred and twenty-three escaped convicts roaming at large, being nearly one half of the present number now confined, who have escaped since the lease system went into operation. The law provides a penalty of two hundred dollars for every negligent escape, unless the convict is recaptured and returned to work within sixty days. Although there .are now at large over five hundred, not one dollar has been recovered to the State. The principal .keeper assigns as a reason for not prosecuting for escapes that it would be impossible for him to get testimony to prove that the escape was the result of negligence. Your committee think in every instance where the lessees fails to
keep the number of guards required by the regulation, that negligence is established, and the party allowing the escape ought to pay the penalty. Under this rule, which .in our opinion is the proper one, there .would be a large

JoURNAL oF THE SENATE
amount in the Treasury to reimburse the State for the cost of their trials and convictions. It costs the State an average of thirty-five dollars for every conviction, under the immense cost of jail fees and jury fees paid by the county, and it is unjust to society, who have this to pay, that such gross carelessness should prevail among the lessees who have them in charge.
The next point which your committee desires to bring to the attention of the General Assembly is, the fearful mortality which prevails in many of the camps. Although this mortality has been greatly lessened by the humane and watchful care of the principal keeper, it is neverthe less great enough still to be a reproach to our humanity. That it cannot be ascribed entirely to the system, we will instance the fact, that in Jack Smith's camp, in Washington county, the mortality has been only one per cent., and in C. B. Howard's camp, in Taylor county, there has been no death. In W. D. Grant's camp, in Jefferson county, not very far distant, the mortality has exceeded ten per cent., and in Grant's camp, in Richmond county, the mortality has been forty per cent. for four months, or ten per cent. per month. Leaving out the mortality at the Dade Coal Mines, which is but four per cent. per annum, and take the average mortality in the rest of the camps, and it will average ten per cent.. per annum. In Mr. A. S. Barnwell's camp, the average mortality, for three years, has been sixteen per cent. per annum. This is a fearful death rate, and whether caused by the location of the camps, or the cruelty of the overseers, calls for immediate remedy. The startling character of these figures will be appreciated when it is considered that the reports from nearly all the prisons in the United States (and your committee have had them before them), only show an average mortality of one per

DECEMBER liTH, 18;8.
cent. More prisoners have died in one year in the respective camps of A. Smith Barnwell and W. D. Grant, than die in the Maryland Penitentiary in fifteen years among the same number of persons. Your committee have not selected this Penitentiary because of the low rate of mortality, because eveo there it is greater than in Kansas or Indiana, or almost any of the Western or Middle States, hut from the fact that in Maryland they have the same class of population to deal with ; the blacks largely predominating over the whites on the prison roll. Even in Texas, where they have the same system that we have in Georgia, the death rate is less than three and a half per cent. per annum. The lease act in section 3 says, there shall be such ''regulations, restrictions, and arrangements made by the Governor," to be enforced by him, as will '' associate only persons convicted of crimes of moral terpitude, which shall regard the condition of the sexes and ages ot convicts, and ability to labor." We are compelled to say that this part of the law is not observed. We find in some of the camps, men and women chained together, and occupying the same sleeping bunks. The result is that there are now in the Penitentiary twenty-five bastard children, varying from three months to five years of age, and many of the women are now far advanced in pregnancy. This we regard as a flagrant wrong.
The lease law prescribes, that '' the lessees shall not use as guards any of the convicts, or place them in positions of trust and control over the convicts," and makes the violation of the law a breach of their bond. This provision is also disregarded. In all the camps we found a number of " trustys," who were used as night-watch, or occupied positions of trust.
In conclusion, we beg leave to add a few comments. The protection of society, by the punishment and repres-

JouRNAL OF THE SENATE
sion of crime, should be the object of penal servitude, and one of the concomitants of this punishment should be an effort at the reformation of the criminal. That many of them are susceptible of reformation, cannot be doubted ; but we would ask, where is the possibility of reformation in a system where men and women are chained together, and are annually raising a number of children from mothers who are on the chains, where there is neither Physician nor Chaplain, 'except such as the lessees choose to provide ? The lease system at best, is a very bad one, and seems to have been forced on the State by an inablity to provide for the great increase in the number of criminals growing out of the changed condition of labor. Nevertheless, it is fastened upon us for the next twenty years, and we should endeavor to guard it by all the restrictions which wise and humane legislation can suggest. It was the purpose of this committee to endeavor to have a law passed looking to this end, but the necessitr for an early adjournment will prevent our doing so. Th~ present
law should be s? amended as to have some officer appoint-
ed by the State to stand between the prisoner and the lessee. To turn the criminals over to private parties, who have no interest in them, except that which is prompted by averice, is to subject them to treatment which is as va-
rious as the characters c:?f those who have them in charge,
and in many cases amounts to nothing less than capital punishment, with slow torture added. Your committee recommend that the camps of W. D. Grant, at Old Town, in Jefferson county, and his camps in Richmond county, be at once abolished, and his contract, made with the State, in March, 1874, be cancelled. They further recommend that the camp on Champney Island be discontinued as a prison, on the expiration of Mr. Barnwell's present lease, owing to the unhealthiness of the location, also that the principal

DECEMBER 1 ITH, 1878.

249

keeper be instructed to immediately inspect Mr. C. B. Howard's camp, in Taylor county, and cause his police regulations to be impr6ved, and the camp to be at once removed to a more suitable and less dangerous location, and to this end they offer the following resolutions :
Resolved, That the camps of W. D. Grant, in Jefferson county at Old Town, and his camps in Richmend county, near Augusta, be abolished, and his contract with the State, under which he holds the prisoners in these camps, be cancelled.
Resolved, That upon the expiration of Mr. A. S. Barnwell's lease with the State, which will expire on the first of April, 1S79, that Champney Island be discontinued as a prison.
Resolved, That Mr. C. B. Howard be required to increase his guards up to the number required by the prison regulations, and also to remove his camp from its present location to one which is less dangerous to the safety of the prisoners in his charge.
we found, in our visits to the various camps, several cases, which in our judgment, strongly demand the exercise of Executive clemency. Their names we will present in a supplemental report.
The tollowing message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof, to wit :
Mr. President: The House of Representatives have passed the following
bills, to wit :
A bill '' To be entitled an act to fix the compensation of Ordinaries, Sheriffs, and Bailiffs of this State, fpr services in cases of lunacy." Also,
A bill "To be entitled an act for the protection: of com-

JouRNAL o~ THE SENATtt
mercia! fertilizers from exposure to rain while in the hands of common carriers." Also,
A bill "To be entitled an act. to authorize the granting of the writ of certiorari in all appeal cases tried by a jury in the Justices' Courts of this State." Also,
A bill "To be entitled an act to require transfers of executions issued prior to February 2oth, 1875, to have their executions recorded, and fixing the time when they must be placed upon record, and to destroy the lien of such executions as against transferred property in the hands of third parties, when this act has not been complied with." Also,
A bill ''To be entitled an act to alter and amend section 4528 of the Revised Code of Georgia of 1873, in reference to carrying deadly weapons about the person to public places in this State, by adding a proviso thereto, so that said section shall not apply to any Sheriff, Deputy Sheriff, Coroner, Constable, Marshal, Policeman, or other arresting officer, or officers, of this State, or their posses acting in the discharge of their official duties." Also,
A bill. ''To be entitled an act to repeal section 4323 of the Revised Code of 1873, to prescribe the punishment for persons convicted of murder, and for other purposes. " Also,
A bill '' To be entitled an act prescribing the manner in which county lines may be changed in this State." Also,
A bill "To be entitled an act to forbid the sale, distribution, or furnishing of intoxicating drinks, within two rriiles of election precincts, on days of election, State, county, or municipal, and to prescribe punishment for any violation of the same." Also,
A bill ''To be entitled an act to provide for an appeal in all civil cases tried in a Justice's Court, to juries in such Courts, and in certain cases to appeal to the Superior

Courts, carrying out paragraph 2, section 7, article 6 of

the Constitution of 1877, and for other purposes." Also,

A bill ''To be entitled an act to prescribe the manner

of fixing the compensation of jurors and Bailiffs in all the

counties of this State." Also,

A bill "To be entitled an act to change the beginning

of the terms of the Supreme Court." Also,

A bill ''To he entitled an act to amend section 2573 of

the Code of 1873."

Mr. Russell, chairman of the Committee on Enrollment,

submitted the following report, to wit:

Mr. President:

The Committee on Enrollment beg leave to report that

the following resolution is duly enrolled, and ready for the

signature of the President and Secretary, to wit:

'' A resolution appointing a committee to investigate

the Wild Land sales of this State."

Mr. Fain offered the following privileged resolution,

which was taken up, read, and agreed to, to wit :

"Resoh,ed, by the Senate, that the Hon. T. M. Norwood

be invited to a seat in the Senate Chamber during his stay

in the city of Atlanta."

Leave of absence was, on motion of Mr. Fain, granted

Mr. Troutman for the remainder of this session, on ac-

count of the extreme illness of a member of his .family.

Mr. Clark, chairman of the Committee on Corporatirms,

made a report, which was read.

,,.,,

Mr. Troutman, chairman of the Committee on Agricul-

ture, made a report, which was read.

Mr. McDaniel, chairman of the Judiciary Committee,

made a report, which was read.

.,

Mr. Cabaniss, chairman of the Committee on Finance,

made a report, which was read.

The following bills were taken up for the second read-

JouRNAt o~ THE SENA~

ing, and the adverse reports of the several committees to

whom the same were referred, were agreed to, and the

bills, therefore, lost, to wit :

A bill "To amend section 742 to 75 I of the Code of

I873, so as to extend the privileges therein granted to

owners a:nd lessees of steam mills, and for other purposes."

A bill "To add to and amend section 898 of the Code of

v/

1873, in relation to the mode of redeeming land sold under tax fi. fas., and for other purposes;" and

A bill "To repeal an act approved 26th of February,

I 877, to render more efficient and economical the inspec

tion of fertilizers, etc."

The bill ''To r~gulate the manner of issuing executions

by the Comptroller General against Wild Lands for the

collection of taxes, and for other. purposes ;" was read the

second time and passed to a third reading.

The following bills of the House of Representatives

were read the second time, and passed to a third reading,

to wit:

A bill ''To provide for the probate of foreign wills, and

for the appointment and qualification of administrators in

this State, to carry out the provisions of foreign wills,

when admitted to probate and record in this State."

A bill "To levy and collect a tax for the support ofthe

State Government, and for other purposes herein mention-
.ed, for the years I 879 and I 88o ;" and
A bill ''To prevent any Coroner in the State of Geor-

. gia receiving as fees, either for holding inquests or for

burying the dead bodies, a sum, per annum, of more than

fifteen hundred dollars, out of the County Treasury.'~

On motion of Mr. Boyd, the following resolution was

taken from the table, to wit :

Resolved, That a committee of two from the Senate and

three from the House, be and they are hereby-appointed

DECEMBER 'ITH, 1878.

253

to visit and examine the North Georgia Agricult1.1ral Col-

lege, and that said committee report the condition of saip

College at the July session of the Legislature of Geo,r-

gia.''

On the question of agreeing to the same the yeas an<;l

nays were required to be recorded.

Those who voted in the affirmative are, to wit-Messrs.

Boyd

DuBose

Hudson

Cabaniss

Duncan

McLeod

Candler

Fain

Perry

Casey

Folks

Preston

Clements of the44thGrantland

Simmons

Clifton

Hamiltonofthe14th Staten

Cumming

Head

Stephens

Drake

Holton

Tison of the 4th

~Wellborn.

Those who voted in the negative are, to wit-Messrs.

Bower

Hamilton of the 21st Russell

Bryan

Hawkins

Speer

Clarke

Hodges

Tison of the 10th

Clements ofthe I 5thHolcombe

Troutman

Grimes

Lumpkin

Turner

McDaniel Ayes, 25. Nays, 17.

MR. PRESIDENT.

So the resolution was agreed to.

On motion of Mr. Perry, the resolution to memorialize

Congress in regard to the bill in favor of the Great South-

ern Railway Company, and requesting our members in

Congress to examine into the merits of the same, and give

it their support, was taken up and agreed to.

The same was, on motion, ordered to be transmitted,

together with the resolution appointing a joint committee

of visitation to the North Georgia Agricultural College,

to the House of Representatives without delay.

The following message was received from the House of

254

JouRNAL OP THE SENATE

Representatives, through Mr. Goetchius, the Clerk thereof, to wit: Mr. Pr~sidmt:
The House of Representatives have passed the following bills, to wit :
A bill ''To be entitled an act to carry into effect paragraph 2, section 18, article 6 of the Constitution of I 877, so as to provide fm the selection of the most experienced, intelligent, and upright men to serve as grand jurors, and of intelligent and upright men to serve as traverse jurors, and for the drawing of juries in all City Courts, whose Judges are commissioned by the Governor of this State, and whose civil jurisdiction does not extend beyond the limits of the city where such Court is held. > Also,
A bill ''To be entitled an act to alter and amend section 441 I of the Revised Code of 1873, in relation to the punishment of the offense of larceny from the person." Also,
A bill ''To be entitled an act to repeal sections 4387 and 4388 of the Revised Code of 1873, and to prescribe the punishment for burglary, and for other purposes." Also,
A bill "To be entitled an act to amend an act entitled an act to define the liabilities of the several Railroad Companies of this State for injury to, or destruction of, l,ive stock killed or injured, or for destruction of, or injury or damage to property other than live stock, by the running of cars, engines, or locomotives, or by the operation or use of any machinery whatever, upon a railroad in this State, or damage done, or caused to be done, by the agent or agents, person or persons, in the employ of any Railroad Company or Companies; to regulate the mode of proceeding, and define the cost in such cases, and to repeal con-. flicting laws approved February 20, 1854, and to increase

DECEMBER I ITH, 1878.

255

the jurisdiction of Justices of the Peace m cases arising under said act." Also,
A bill "To be entitled an act to fix the time for holding the Superior Courts in the counties of Webster, Lee, Pierce, Ware, Clinch, Coffee, Camden, Charlton, Glynn, Harralson, Floyd, Walton, Jackson, Gwinnett, Clarke, Rockdale, Echols, Appling, Wayne, Pike, and for drawing juries in certain cases, and for other purposes." Also,
A bill "To be entitled an act to am end section 4379 of the Code of 18 73, in relation to burning out houses, by specifically including gin houses in said section, and in- creasing the penalty prescribed in said section." Also,
A bill'' To be entitled an act to require constables and bailiffs to sell only on the regular monthly Court days, only between the legal hours of sale; except in case of property likely to deteriorate in value by keeping." Also,
A bill ''To be entitled an act to keep open, remove, and prevent obstructions to the free passage of fish in the waters of all rivers and mouths of creeks in this State."
On motion of Mr. Cabaniss, the Senate took up, as the report of the Committee of the Whole, the bill of the House of Representatives, "Making appropriations for the Executive, Legislative and Judicial expenses of the Government, and for other purposes herein mentioned, per annum, for the years 1879 and 1880."
On motion of Mr. Cabaniss, it was ordered that the bill be taken up for consideration by sections, with the exception of the 2d section, which it was ordered should be taken up by paragraphs, and that the call of the previous question be construed to apply, exclusively, to the section or paragraph under consideration at the time that the call therefor is sustained.
Section 1st was read and agreed to.

JouRN~L OF TH~ SENATE

Section zd w~s taken up by paragraphs, and paragrphs 1, 2 and 3 were agreed to.
The Finance Committee proposed to amend the 4th paragraph of ~id sec~~op by striking out all of said paragraph after the word ''Representatives" where it occurs in the second line of tpe same.
Mr. Harrison called for the previous question. The call was sustained. The main question was put, to wit: The foregoing amendment of the Committee on Finance.

On this proposition the yeas. and nays were required to be recorded.

Those who voted in the affirmative are, to wit-Messrs.

Bryan

DuBose

Lumpkin

Cabaniss

Duncan

McDaniel

Candler

Folks

Perry

Casey

Grantland

Preston

Clarke

Grimes

Simmons

Clifton

Hamiltonofthe 21stTison of the 4th

Cumming

Harrison

Tison of the 10th

Hawkins

Troutman.

Those who voted in the negative are, to wit-Messrs.

Bower

Head

McLeod

Clementsofthe15thHodges

Speer

Clements ofthe44thHolcombe

Staten

Drake

Holton

Stephens

Fain

Howell

Turner

Hamilton ofthe 14thHudson

Wellborn

Ayes, 23. Nays, 19.

MR. PRESIDENT

So the amendment was agreed to.

The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof, to wit:

DECEMBER I ITH, 1878.

257

Mr. President: The House of Representatives have passed the follow-
ing bills, to wit: A bill "To be entitled an act to authorize the Courts
in the cities, towns, and villages of this State t.:> impose sentences or judgments in the alternative, and for other purposes." Also,
A bill. '' To be entitled an act to amend section 4045 of the Revised Code of 1873, by striking from the third line of said section the words 'of an adjoining county,' so as to authorize Commissioners appointed to assign dower to procure the aid of the County Surveyor, or any otlt.er competent surveyor, and to further amend said section, by adding at the end thereof, a clause prescribing the time and manner of filing objection to the application of the widow, and for the hearing or trial of said objection." Also,
A bill ''To be entitled an act to authorize incorporated cities in this State to permit the enclosure of lanes, or alleys, in such cities where owners of the lots abutting on such lane, or alley, or part of such lane, or alley, sought to be secluded, consent." Also-,
A bill ''To be entitled an act to alter and amend section 3845 of the Code of 1873. providing for the payment of State's witnesses from other counties." Also,
A bill "To be entitled an act to change the charter of the University of Georgia, so as to add four additional Trustees to the Board, and give the election of said Trustees to the Georgia State Agricultural Society, and for other purposes." Also,
A bill ''To be entitled an act to carry into effect paragraph 2, of section 2, of article 7 of the Constitution of this State, in reference to the exemption from taxation of certain property therein described."
The Senate took up for consideration the fifth paragraph
I]

JouRNAL oF THE SENATE

of the second section. The FinaRce Committee proposed

to amend the same by striking out " twenty," and insert

ing "ten" in the third line thereof. This motion did not

prevail, and the paragraph was agreed to.

The Finance Committee moved to amend the first line

of the sixth paragraph, by striking therefrom the word

'' four," and inserting '' two." This motion was not

agreed to. The paragraph was agreed to.

The Committee on Finance moved to an.end the seventh

paragraph, by striking from the second line thereof the

word '' fifty," and inserting ''one hundred." The same

was agreed to, and the paragraph was adopted as

amended.

The Committee on Finance proposed to amend the

eighth paragraph, by adding thereto the following: "And

the same mileage as that received by members of the

General Assembly." This amendment was agreed to, and

the pardgraph, as amended, was adopted.

On motion of Mr. Holcombe, it was ordered that when

the Senate adjourns it's morning session, it adjourn to

meet again at 3 o'clock p. m.

Mr. Cabaniss moved that the session be extended to

1:30 o'clock p. m., and on this proposition required the

yeas and nays to be recorded.

Those who voted in the affirmative are, to wit-Messrs.

Cabaniss

Duncan

Holton

Candler
Casey C

Folks Grantland

Hudson McDaniel

Clements of the44thGrimes

Speer

Cumming; .,

Harrison

Staten

DuBose

Hodges

Tison of the 4th

Those who: voted in thelnegative are, to wit-Messrs.

4

Boyd ~~ Hawkins

Preston

Bryan --~ ~~ Head _.. ..~ ..:-: 1~ 1nL l!.. Simmons

DECEMBER I ITH, 1878.

259

Clementsofthe 15thHolcombe

Stephens

Clifton

Howell

Tison of the 1oth

Fain

Lumpkin

Turner

Hamilton ofthe14thMcLeod

Wellborn

Hamilton of the21stPerry

Mr. PRESIDENT.

Ayes, 18. Nays, 21.

So the motion to extend the session to 1:30 p. m., did

not prevail.

The 9th paragraph of the 2d section was taken up, and

on motion of Mr. Hudson, amended by substituting

''four" for ''three" in the second line thereof. The same

was agreed to as amended.

The 10th paragraph of said section was taken up, and on

motion of Mr. Tison of the lOth, amended by substituting

''two and one-half" for ''one and one-half," where the

same occurs in the third line thereof. The paragraph as

amended was agreed to.

The hour of adjournment having arrived, the President

declared the Senate adjourned until 3 o'clock p. m.

3 o'cLOCK P.M. The Senate met pursuant to adjournment, the President in the chair, and resumed consideration of the appropriation bill, the 11th paragraph of the 2d section being first in order. On motion of Mr. Hamilton of the 21st, the same was amended, by striking from the second line thereof the words ''one and one-half' and inserting in lieu thereof, the word "two." The paragraph as amended was agreed to. Tlie 12th paragraph was taken up, and amended by striking from its second line the words ''one and one-half"

JouRNAL OF THE SENATE

and inserting in lieu thereof, the word "two." The para-

graph was further amended, on motion of Mr. Cabaniss,

by adding at the end of the same the following words,

"provided, they pay out of this John Brown for the 13

days that he served." The 1zth paragraph as amended,

was agreed to.

The 13th paragraph was then taken up.

Mr. Speer moved to amend by striking out the entire

paragraph. This motion did not prevail.

The 13th paragraph was agreed to.

Mr. G~imes, proposed to amend the 2d section by adding

the following as an additional paragraph, to wit: "For

compensation of the Clerk of the Judiciary Committee of

[the House five dollars per diem, and the Clerk of the En-

rolling Committee of the House four dollars per diem,

for the days actually (mployed, the number of days they

may be so employed to be reported to the House by the

said Committees respectively."

Mr. Hudson called for the previous question. The call

was sustaint:d and the main question was put, to wit: The

adoption of the amendment proposed by Mr. Grimes. On

this proposition Mr. Hodges required the ayes and nays to

be recorded.

Those who voted in the affirmative are, to wit-Messrs.

Bryan

Folks

McDaniel

Cabaniss

Grantland

McLeod

Casey

Grimes

Perry

Clements of the 15th Hamiltonof the 14thRussell

Clifton

Hamilton of the21stSimmons

Cumming

Harrison

Stephens

DuBose

Howell

Tison of the roth

Duncan

Hudson

Wellborn

Those who voted in the negative are, to wit-,...Messrs.

Candler

Head

Speer

Clarke

Hodges

Staten

Clements ofthe44thHolcombe

Turner

Fain

Holton

MR. PRESIDENT

Ayes, 24. Nays, 12.

So the amendment was agreed to.

The following message was received from the House

of Representatives, through Mr. Goetchius, the Clerk

thereof, to wit:

Mr. Prest"dent:

The House of Representatives have concurred in the

following resolution of the Senate, to wit:

A resolution ' Approving legislation by the National

Congress for distributing the proceeds of public lands to

public schools in the several States," and I am instructed

to transmit the same to the Senate, forthwith.

The House has also agreed to the following resolution,

to wit:

A resolution ''Ordering sale of personal property within

the walls of the Penitentiary, at Milledgeville," in which

they respectfully ask the concurrence of the Senate, and I

am instructed to transmit the same to the Senate, forth-

with.

'i'he House has concurred in the following resolution

of the Senate, to. wit:

A resolution "Approving legislation by the National

Congress for distributing the proceeds of public lands to

public schools in the several States," and I am instructed

to transmit the same to the Senate, forthwith.

The House has also passed the following bill, to wit:

A bill " To be entitled an act to provide for carrying

into effect sentences in certain criminal cases, and for other

purposes," and I am instructed to transmit the same to

the Senate, forthwith.

The House has adopted the following resolution, to wit:

262

JouRNAL o THE SENATk

A resolution ''Requesting the Governor to correspond

with the authorities of Alabama, with a view to the ad-

justment of a claim therein specified," in which they re-

spectfully request the concurrence of the St!nate, and I am

instructed to transmit tl-te same to the Senate, forthwith.

Section zd of the appropriation bill was agreed to as

amended.

The 3d section was agreed to.

The 4th section was taken up. The Committee on Fi-

nance proposed to amend this section by striking from the

23d line thereof the words ''eighty-five hundred" and

inserting in lieu thereof the words ''ten thousand."

Mr. Cumming proposed to amend th':! 4th section by

adding to the 2oth line of the same, the following, to wit :

"For the expenses of the State Board of Health, twenty-

five hundred dollars."

Mr. Cabaniss moved to amend said section by adding af-

ter the word "Atlanta" in the 22d line, the following, to

wit: ''Keeper of public buildings and grounds."

Mr. Grimes offered to amend the proposed amendment

of Mr. Cumming by adding thereto the following, to wit :

''Provided, that no portion of the appropriation shall be

paid over to said Board unless the Governor is satisfied

that said Board i:; proceeding in good faith to carry out

the objects for which said Board was created."

Pending discussion of the foregoing amendments, the

following message was received from the House of

Representatives, through Mr. Goetchius, the Clerk thereof,

to wit:

Mr. President :



The House of Representatives have passed the follow-

ing bill, and I am instructed to transmit the same forth-

with to the Senate, to wit:

A bill "To regulate the manner of giving in Wild Land

DECEMBER I ITH, 1878.
for taxation, and the sale and redemption thereof, and for other purposes. "
Pending further discussion of the foregoing amendments, Mr. Holcombe having the floor, and by his courtesy the rule was suspended for the purpose or reading bills of the House of Representatives the first time, with the understanding that after disposal of the business for which the rule was suspended, Mr. Holcombe should, if he desired, resume his argument.
The following bills of the House of Representatives were read the first time, and committed to the Committee of the Whole, to wit:
A bill "To authorize incorporated cities in this State to permit the enclosure of lanes or alleys in such cities where owners of the lots abutting on such lane or alley, or part of such lane of alley sought to be secluded, consent."
A bill ''To fix the time for holding the Superior Courts in the counties of Webster, Lee, Pierce, Ware, Clinch, Coffee, Camden, Charlton, Glynn, Harralson, Floyd, Walton, Jackson, Gwinnett, Clarke, Rockdale, Echols, Appling, Wayne, Pike, and for drawing juries in certain cases, and for other purposes."
The following bills of the House of Representatives were read the first time, and referred to the Committee on the Judiciary, to w!t:
A bill " Prescribing the manner in which county lines may be chan6ed in this State."
A bill "To change the beginning of the terms of the Supreme Court."
A bill "To keep open, remove and prevent obstructions to the free passage of fish in the waters of all rivers and mouths of creeks in this State."
A bill "To amend section 4379 of the Code of 1873

JotiRNAL OF THE SENATE
in relation to burning out houses, by specifically including gin houses in said section, and increasing the penalty prescribed in said section."
A bill "To alter and amend section 44I I of the Revised Code of I873,in relation to the punishment of the offense of larceny from the person."
A bill ''To repeal section 4387 and 4388 of the Revised Code of I 873, and to prescribe the punishment lor burglary, and for other purposes."
A bill to amend an act to define the liabilities of railroad companies of this State for injury to or destruction of live stock, etc., approved February 2oth, I854, and to increase the jurisdiction of Justices of the Peace in cases arising under said act.''
A bill ''To amend section 4045 of the revised Code of I873, by striking from the 3d section the words "of an adjoining county," so as to authorize commissioners appointed to assign dower to procure the aid of the County Surveyor, and to further amend said section, by adding at the end thereof a clause prescribing the time and manner of filing objections to the application of the widow, and for the hearing, or trial, of said objections.
A bill "To amend section 2573 of the Code of I873 A bill ''To fix the compensation of Ordinaries, Sheriffs and Bailiffs of this State, for services in cases of lunacy." A bill ''To provide for an appeal in all civil cases tried in Justices' Courts, to juries in said Courts, and in certain cases to appeal to the Superior Court, carrying out parapraph 2, section 7, article 6, of the Constitution of I 877, and for other purposes." A bill "To forbid the sale, distribution, or furnishing of intoxicating drinks, within two miles of election precincts, on days of election." A bill ''To repeal section 4323 of the Revised Code of

DECEMBER I ITH, tS;S
1S73, to prescribe the punishment for murder, and for other purposes."
A bill ''To alter and amend section 4528 of the Revised Code of 1873, in reference to carrying deadly weapons."
A bill "To require transferees of tax executions, issued prior to February 20th, 1875, to have their executions recorded, etc."
A bill "For the protection of commercial fertilizers against injury while in charge of common carriers."
A bill "To authorize the granting of. the writ of certz'orari in all appeal cases tried by a jury in the Justices' Courts of this State."
A bill "To authorize the Police Courts in the cities, towns, and villages of this State, to impose sentences or judgments in the alternative, and for other purposes."
A bill ''To alter and amend section 3845 of the Code of 1873."
A bill '' To require constables and bailiffs to sell only on the regular Court days, and only between the legal hours of sale, except in certain cases."
A bill ''To provide for carrying into effect sentences in certain criminal cases, and for other purposes."
A bill "To change the charter of the University of Georgia, so as to add four additional Trustees to the Board, and give their election to the Georgia State Agricultural Society, and for other purposes;" and
A bill ''To carry into effect paragraph 2, section 18, article 6 of the Constitution of 1877, in relation to the selection of grand and traverse jurors."
The tollowing message was received from the House of Representatives, through Mr. Goetchius,. the Clerk thereof, to wit :

oF JouRNAL

THE SEMAn

Mr. President: The House of Representatives have agreed to the follow-
ing resolution, in which they ask the concurrence oi the Senate, and I am instructed to transmit the same, forthwith, to the Senate, to wit:
A resolution "Authorizing the Governor to inquire whether any penalties or forfeitures have been incurred by any le!."see of Penitentiary convicts, and for other purposes."
The following bills of the House of Representatives were read the first time, and referred to the Committee on Finance, to wit:
A bill "To carry into effect paragraph 2, of section 2, of article 7 of the Constitution of this State."
A bill "To prescribe ti1e manner of fixing the compensation of jurors and Bailiffs in all the counties of this State;" and
A bill "To regulate the manner of giving in Wild Lands for taxation, and for the sale and redemption thereof, and for other purposes. ' 1
The Senate adjourned, on motion, until 10 ~-..::~-.::_ - m., to-morrow.

SENATE CHAMBER, } Thursday, December 12, 1878, 10 o'clock a. m.

The Senate met pursuant to adjournment, the President

in the chair.

Prayer by the Rev. Dr. Gwinn.

On the call of the roll the following Senators answered

to their names, to wit-Messrs.

Boyd

Duncan

Hudson

Bower

Fain

Lumpkin

DECEMBER 12TH, IS7S.

Bryan

Grantland

McDaniel

Cabaniss

Grimes

McLeod

Candler

Hamilton ofthe14thPerry

Casey

Hamilton ofthe21stRussell

Clarke

Harrison

Simmons

Clementsof the I 5thHawkins

Speer

Clementsof the44thHead

Staten

Clifton

Hodges

Stephens

Cumming

Holcombe

Tison of the 4th

Drake

Holton

Tison of the 10th

DuBose

Howell

Well born

MR. PRESIDENT.

The Journal was read and approved.

Mr. McDaniel offered the lollowing privileged resolution, which was taken up, read and agreed to, to wit:
Resolved, That during the remainder of the session the Senate adjourn at I o'clock p. m., to meet at 3 o'clock p. m., adjourn at 5 o'clock p. m., to meet at 7 o'clock p.m.

The unfinished business of yesterday was resumed, to wit: The general appropriation bill of the House of Representatives, the 4th section thereof being first in order, with the several amendments proposed thereto, as spread on the Journal of yesterday.

Mr. Cumming moved to amend the amendment proposed by him yesterday, by substituting' 'fifteen hundred" for "twenty-five hundred," where the same occurs therein.

Mr. Cumming called for the previous question; which was sustained. The main question was put, to wit: Ist, the proposition to amend, submitted by the Finance Committee to strike out the words "eighty-five hundred" and in. sert ''ten thousand." On this Mr. Holcombe required the yeas and nays to be recorded.

jouRNAL OF THE SENAT!

Those who voted in the affirmative are, to wit-Messrs.

Boyd

DuBose

Howell

Bower

Duncan

Hudson

Bryan

Fain

Lumpkin

Cabaniss

Folks

McDaniel

Candler

Grantland

Perry

Casey

Grimes

Russell

Clarke

Hamilton ofthe 14thSimmons

Clements ofthe I sthHamilton of the 2 IstTison of the lOth

Clifton

Harrison

Turner

Cumming

Hawkins

Wellborn

Drake

Hodges

MR. PRESIDENT.

Those who voted in the negative are, to wit-Messrs.

Clements of the44thHolcombe

McLeod

Head

Holton

Speer

Stephens

Ayes, 33 Nays, 7

So the amendment was agreed to.

The question recurred on the amendment proposed by Mr. Cumming on yesterday, and the amendment prQposed thereto by Mr. Grimes on yesterday, and by Mr. Cumming to-day. The amendments to this amendment were agreed to severally.

On the question of agreeing to the amendment as amended, Mr. Clements of the 44th, required-the y:eas and nays to be re.corded.

Those who voted in the affirmative are, to wit-Messrs.

Boyd Bower
Cabaniss
Casey Cumming Drake

DuBose Duncan Folks Grimes Harrison Lumpkin

McDaniel McLeod Russell Turner
MR~ PRESIDENT

DECEMBER I 2TH, I 878.

Those who voted in the negative are, to wit-Messrs.

Bryaa

Hamilton ofthei4thHudson

Caadler

Hawkins

Perry

Clarke

Head

Simmons

Clements oftheI 5thHodges

Speer

Clements ofthe44thHolcombe

Stephens

Grantland

Holton

Ayes, 17. Nays, 17.

There being a tie in the vote, the President declared the

amendment lost.

The amendment offered by Mr. Cabaniss to the 4th

section, as spread in full on the Journal of yesterday, was

taken up and agreed to.

The 4th section, as amended, was agreed to.

Section 5th was agreed to.

Section 6th was taken up. Mr. Cumming moved to amend by striking out the entire section. This motion did not prevail, and the 6th section was agreed to.

The 7th section was agreed to.

The report, as amended, was agreed to.

The bill was read the third time, and on the question of its passage, the yeas and nays were recorded.

Those who voted in the affirmative are, to wit-Messrs

Boyd

DuBose

Lumpkin

Bryan

Duncan

McDaniel

Cabaniss

Fain

McLeod

Candler

Folks

Perry

Casey

Grantland

Russell

Clarke

Grimes

Simmons

Clements of the 15 thHamilton ofthe 21 stStephens

Clements of the44thHarrison

Tison of the 4th

Clifton

Hawkins

Tison of the 10th

Cumming

Holton

Turner

270

JouRNAL oF THE SENATE

Drake

Howell

Wellborn

Hudson

MR. PRESIDENT.

Those who voted in the negative are, to wit-Messrs.

Bower

Hodges

Speer

Head

Holcombe

Ayes, 35 Nays, 5

So the bill was passed, as amended, by the requisite

constitutional majority. There being ayes, 35; nays. 5

On motion of Mr. DuBose, the bill was ordered to be

transmitted to the House of Representatives, forthwith.

Leave of absence was granted Mr. Preston, on account

of illness.

Mr. Clements of the 44th, gave notice of his intention to

offer a resolution limiting debate during the remainder of

the session.

Mr. Russell, chairman of the Committee on Enrollment,

submittted the following report, to wit:

Mr. Preside1lt:

The Committee on Enrollment, report as duly enrolled,

and ready for the signature of the President, the followmg

resolution, to wit:

A resolution ''approving legislation by the National Con-

gress for distributing the proceeds of public lands to public

schools in the several States."

Mr. Turner, chairman of the Committee on the Peniten-

tiary, made the following report, which was read, to wit:

To the General Assembly:

"In our visits to the various camps, we met with cases

which, in our opinion, strongly demand the exercise of Executive clemency. -The fa~t that these convicts under-

stand that a continuance of good behavior wi!l cause their

cases to be brought before the Governor for his considera-

tion, will have a strong tendency to promote discipline,

and will thus diminish the number of escapes, and

DECEMBER 12TH, 1878.

avoid the necessity for the exercise of vigorous measures

by the lessees. After a careful examination; we recom-

mend that the following persons be recommended to the

Governor, with the request that he cause them to be

set at liberty.

Accompanying this report, we annex the special recom-

mendation of B. E. Wells, superintendent of the prison

where most of them are confined. We, also, from personal

examination and investigation of the facts in the cases,

make a special appeal in behalf of J. W. Wooten, from

Decatur county, and \V. B. Law of Macon county, and

David M. Watson from Laurens county.

In the case of George Browne of Cobb county, we re-

commend that the death penalty be commuted to impri-

sonment for life. We, also, annex in this case, the peti-

tion signed by nearly all the public officers and leading

citizens of the county in his behalf.

In the case of Dolphus White, colored, sentenced for

burglary from Camden county, we would, also, bring to

the attention of the Gene~al Assembly, with the recom-

mendation that he be set at liberty.

(Signed)

J. P. TURNER,

Chairman of the Senatt! Committee.

1<.. A. ALSTON,

Chairman ofthe House Committee.

Mr. McDaniel, Chairman of the Judiciary Committee, made a report, which was read.
Mr. Cabaniss, chairman of the Finance Committee, made a report which was a read.
The following bills were introduced, read the first time, and referred to the Judiciary Committee, to wit :
By Mr. FainA bill ''To fix the fees to be paid to Ordinaries and

272

JOURNAL OF THE SENATE

Surveyors by applicants for the homestead and exemptions under the provisions of the Constitution of r877." And,
By Mr. SpeerA bill ''To regulate continuances, and to provide for taking interrogatories in certain cases." The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof, to wit: Mr. President : The House of Represe11tatives have passed the following bills of the Senate, and I am instructed to transmit the same, forthwith, to the Senate, to wit : A bill "To be entitled an act to carry into effect paragraph 2, section r8, article 6 of the Constitution of r877, so as to provide for the selection of intelligent and upright jurors." Also, A bill '' To be entitled an act to regulate the striking of juries in civil cases, and in cases of misdemeanor, in the Superior Courts of this State." The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk there, of, to wit: Mr. Presidmt: The House of Representatives have passed the following bill of the Senate, with an amendment thereto, in which they ask the concurrence of the Senate, and I am instructed to transmit the same, forthwith, to the Senate, to wit: A bill "To allow persons against whom warrants are sued out as intruders, or as tenants holding over, three days in which to file counter affidavits to such warrants." They have, also, passed the following bill of the Senate, and I am instructed to transmit the same, forthwith, to the Senate, to wit:

DECEMBER 12TH, 1878.

273

A bill "To provide for setting apart homesteads and exemptions of property, for the sale thereof, and the reinvestment of the proceeds, etc."
Mr. Hudson offered the following resolution, which was taken up, read, and agreed to, and ordered to be transmitted, forthwith, to the House of Representatives, to wit:
'' Resolved, That the Governor is hereby directed to employ some proper person to remove from the State House the odious sign " Kimball Opera House."
The Senate took up, and concurred in, the following resolutions of the House of Representatives, to wit:
A resolution "Authorizing the Governor to enquire whether any penalties or forfeitures have been incurred by any lessee of Penitentiary convicts, and for other purposes."
A resolution ''Ordering sale of personal property within the walls of the Penitentiary, at Milledgeville;" and
A resolution " Requesting the Governor to correspond with the authorities of the State of Alabama, with a view to the adjustment of a claim therein specified."
Mr. Fain gave notice of intention to move a reconsideration of the foregoing resolution, in relation ''to the sale of personal property within the walls of the Penitentiary, at Milledgeville."
Mr. Cumming offered a resolution relating to changes in the present Penitentiary system of this State, whTch, on his motion, was ordered to lay on the table for the present.
The Senate took up the resolution of the House of Representatives "Authorizing C. H. Williams to publish the acts of the present session."
On motion of Mr. Clarke, the same was amended, by adding the following, to wit: '' Provided, that no higher
!8

274

JouRNAL oF THE SENATE

price than fifty cents a copy shall be charged any one for such pamphiet."
The resolution, as amended, was concurred in.
The Senate took up, as the report of the Committee of the \Vhole, the bill of the House of Representatives "To levy and collect a tax for the support of the State Government and the public institutions, to pay the interest and a portion of the principal of the public debt, and for educational and other purposes herein mentioned, for the fiscal years 1879 and 188o." The same was taken up by sections.
Section I st was adopted.
Section 2d was taken up. The roth paragraph thereof was amended on the proposition of the Finance Committee, by striking out from the 2d line of said paragraph the words "twenty-five" and inserting in lieu thereof "ten."
The 2d section was further amended on motion of Mr. Simmons, by the following, which was adopted as a substitute for the whole of I Ith paragraph, to wit:
'' 1 1. On all sleight-of-hand performances, magicians, and negro mintstrels, all shows or exhibitions, including each side show accompanying circus companies, except for literary or charitable purposes, twenty-five dollars in each and every town or city of five thousand inhabitants, twenty dollars in towns offour and under five thousand inhabitants, 1rfteen dollars in towns of three and under four thousand inhabitants, ten dollars in towns oftwo and under three thousand inhabitants, five dollars in towns of less than two thousand inhabitants, and the sum of five dollars for each performance not in a town or city. Provided, this shall not apply to histrionic, dramatic, operatic, ard elo::utionary performances, usual in theatres, to be

DECEMBER 12TH, IS78.
collected by the Tax Collector of the county in which such exhibition may take place.
The hour of adjournment having arrived, the President declared the Senate adjourned until 3 o'clock p. m.
3 O'CLOCK P. M.
The Senate met pursuant to adjournment, the President in the chair, and resumed consideration of the general tax act, the second section thereof being first in order.
Mr. McLeod moved to amend said section by striking from the 16th paragraph thereof the words ''twenty-five dollars," and inserting ''one thousand dollars."
Mr. C::mdler moved to amend said section by striking from the r8th paragraph thereof, the words "twelve hundred" and inserting in lieu of the same the words ''one thousand."
Mr. Hudson moved to amend the zd section by striking from the 1zth paragraph thereof the words "twenty-five," and inserting in lieu of the same the word "fifty."
The Finance Committee proposed to amend said section by striking therefrom the 18th, 19th and 2oth paragraphs, and inserting the ..following, to be designated as the 18th paragraph, to wit:
All Express, Telegraph, and Sleeping Car Companies, doing business in this State, shall pay a tax of one per cent. on their gross earnings, and the Superintendents, or General Agent of each Express, Telegraph, and Sleeping Car Company, doing business in this State, shall make a return, under oath, quarterly, as follows : On the last day of March, June, September, and De.:ember, each year, to the Comptroller General, an account of their gross earnings during the quartersendingon that day, andsaid taxes here-

276

JouRNAL oF THE SENATE

in levied shall be paid by the respective companies to the

Comptroller General on or before the last day of Decem-

ber of each year. "

Mr. Cabaniss called for the previous question. The call

was sustained, and the main question was put, to wit: I st.

The amendment proposed by the Committee on Finance.

The same was agreed to.

The Finance Committee proposed, also, to change the

numbers of the paragraphs to correspond with the altered

condition of the section.

The question recurred upon the amendment of Mr.

McLeod, to strike out "twenty-five dollars," and insert

in lieu thereof, "one thousand dollars."

Mr. Bryan called for a division of the question, so that

the motion to strike out ''twenty-five" was first submitted

to the Senate_

On this proposition, Mr. McLeod required the yeas and

nays to be recorded_

Those who voted in the affirmative are, to wit-Messrs

Bryan

Holton

Russell

Clifton

Howell

Staten

Folks

Hudson

Hamilton ofthe14thMcLeod

Tison of the 4th Turner

Holcombe

Perry

Those who voted in the negative are, to wit-Messrs.

Bower

r;>uncan

McDaniel

Cabaniss

Fain

Simmons

Candler

GrantlaPd

Speer

Casey

Grimes

Stephens

Clementsof the15thHamiltonofthe 21stTison of the 10th

Cumming

Hawkins

\ V ell b o r n

Drake

Hodges

MR. PRESIDENT.

DuBose

Lumpkin

Ayes, 14. Nays, 23.

DECEMBER I 2TH, 1878.

277

So the amendment was not agreed to. The amendments offered by Mr. Candler and Mr. Hudson, were not agreed to. The second section, as amended, was agreed to. On motion ot Mr. Casey, the rules were suspended, when he submitted, in behalf of the special committee to investigate the subject of the endorsement of th~ Northeastern Railroad bonds, a report which was read and made the special order for to-night, at 8 o'clock. Mr. Perry, chairman of the Committee on Military Affairs, made a report, which was read. On motion of Mr. Turner, the rules were suspended, when it was ordered, on his motion, that the supplemental report of the Committee on the Penitentiary be transmitted to the House of Representatives. The following message was received from the House of Representatives, throul:{h Mr. Goetchius, the Clerk thereof, to wit: Mr. Presz'dent : The House of Representatives hav~ p~sse_d the following. bills of the Senate, with amendmep.ts thereto, in which they respectfully requ~st the concurrence of the Senate, to wit: A bill "To be entitled an act to authorize the sale, by common carriers, of all freight unclaimed, and the deposit in bank of the net proceeds of sale, to await the claim of the owner, and for other purposes." Also, A bill "To he entitled an act to enforce paragraph 1, section 9 article 7, of the Constitution." Also, A bill ''To be entitled an act to fix the fiscal .year for the State, and to provide how and when the message of his Excellency the Governor, and reports of the Comptroller Generai and Treasurer, shall be made." Also, A bill ''To be entitled an act to carry into effect parag,raph

}oURNAt OF THE SENATE
I8, sectiort 7, article 3, of the Constitution, by prescrib-
ing the manner in which corporate powers may be granted," by a substitute, which is a bill "To be entitled an act to prescribe the manner of creating corporations by the Courts," in which they respectfully ask the cnncurrence of the Senate.
The House of Representatives have also passed the following bills o{ the Senate, to wit:
A bill ''To be entitled an act to provide for the people to be better supplied with the laws of this State." Also,
A bill ''To be entitled an act to repeal section 1677 of the Code." Also,
A bill ''To be entitled a act to allow certain liens of laborers to be foreclosed before due in certain cases."
All of which I am instructed to transmit to the Senate, forthwith.
The 3d sectio~ of the general L:-.-..:: :-.':~ :.--.,_:: !:aken up and agreed to.
The 4th section was taken up and amended, on motion of the Committee on Finance, by inserting before the word ''rate" in the last line thereof, the word "same." The 4th section was further amended, by striking out .the word "banking" from the last line thereof.
The 5th, 6th, 7th and 8th sections were agreed to. The 9th section was amended, on motion of Mr. Russell by adding to the end thereofthe following, to wit: ''Either by way of specific tax or license fee." The 9th section, was agreed to as amended. The 10th, I I th and 12th sections were agreed to. The report as amended was agreed to. The bill was read the third time and passed, as amended, and ordered t~ be transmitted, forthwith, to the House of Representatives. The following Senate bills, amended in the House of

DECEMBER 12TH, 1878.

279

Representatives, were taken up, and the amendments thereto concurred in, to wi~:
A bill "To enforce paragragh 1, section 9, article 7, of the Constitution."
A bill "To authorize the sale by common carriers of all freights unclaimed, and deposit in bank of the net proceeds of sale, to await the claim of the owner.;, and for other pur..poses." And,
A bill ''To allow persons against whom warrants are sued out, as intruders, or as tenants holding over, three days within which to file counter affidavits to such warrants."
Leave of absence was granted Mr. Boyd during this night's session on account of indisposition.
The biil of the Senate "To carry into effect paragraph 18, section 7, article 3 of the Constitution, prescribing the manner in which corporate powers may be granted," amended in the House by substitute, was referred to the Committee on Corporations.
The bill of the Senate "To fix the fiscal year for the State, and to provide how and when the message of his Excellency the Governor, and reports of the Comptroller General and Treasurer, shall be made," amended in the House by substitute, was referred to the Judiciary Com mittee.
~ The hour of 5 o'clock p. m. having arrived, the Senate adjourned until 7 o'clock p. m.

7 o'CLOCK P. M.
The Senate met pursuant to adjournment, the President in the Chair.
The following bills of the House of Representatives

280

JouRNAL oF THE SENATE

I

were read the second time, and passed to a third reading,

to wit:

A bill "To prescribe the manner of fixing the compen

sation of jurors and Bailiffs, in all the counties of this

State."

A bill "To forbid the sale, distribution, or furnishing

intoxicating liquors, within two miles of election _Pre-

cincts, on days of election."

A bill "To change the beginning of the terms of the

Supreme Court."

A bill ''To amend section 4045 of the Code of 1873,

in regard to homesteads."

A bill ''To provide for an appeal in all civil cases m

Justices' Courts, and for other purposes."

A bill ''To require transferees of tax executions issued

prior to February 20th, 1875, to have "the same recorded,

and for other purposes therein specified."

A bill "To repeal section 4323 of the Revised Code of

1873, and to prescribe the punishment for murder."

A bill "To carry into effect paragraph 2, of section 2, of

article 7, of the Constitution of this State, in regard to ex-

emption of certain property from taxation."

A bill ''To regulate the manner of giving in Wild Land

for taxation, and the sale and redemption thereof."

A bill "To authorize incorporated cities in this State to

permit the enclosure of lanes and alleys under certain con-

ditions."

A bill "To fix the time holc!ing the Superior Courts

n the counties of Webster, Lee, Pierce, Ware, Clinch,

Coffee, Camden, Charlton, Glynn, Harralson, Floyd, Wal-

ton, Jackson, Gwinnett, Clarke, Rockdale, Echols, Ap-

pling, Wayne, Pike, and for drawing juries in certain

.cases, and for other purposes."

A bill ''To authorize the granting of the writ of cedzorari

DECE~!Bl':R 12TH, ISJS.

281

in all appeal cases tried by a jury in Justices' Courts of this State."
A bill " To alter and amend section 45 28 of the Revised Code of Georgia of 1873, in reference to carrying deadly weapons, and for other purposes.
A bill "To amend section 4379 of the Code of 1873, in relation to burning of out houses, by specifically including gin houses in said section, and increasing the penalty therein prescribed." And,
A bill ''To carry into effect paragraph 2, section 18, article 6, of the Constitution of 1877, in regard to the selection of grand and traverse jurors."
The bill of the House of Representatives, "Prescribing the manner in which county lines may be changed in this State," was taken up and laid on the table.
The adverse report of the Judiciary Committee on the following bills of the House of Representatives, was taken up and agreed to, and the bills were, therefore, lost, to wit:
A bill "For the protection of commercial fertilizers from exposure and injury, while in the hands of common carriers." And
A bill "To amend an act defining the liability of Railroad Companies in this State for injury to live stock," etc.
The bill of the House of Representatives "To amend section 2573 of the Code of 1873," was read the second time, and laid on the table.
The bill of the House of Representatives, to change the charter of the University of Georgia, so as to add four additional Trustees to the Board, and to give the election of said Trustees to the Georgia State Agricultural Society, and for other pu~poses," was read the second time, and recommitted to the Committee on Education.
The Senate took up, as the report of the Committee of 19

.

282

JouRNAL oF THE SENATE

the Whole, the bill of the House of Representatives ''To

amend section 4692 of the Revised Code of 1873, relating to the trial of joint defendants."

The Judiciary Committee proposed to amend the same by adding to the first section the following proviso, to wit:

"Provided, that the State, also, shall have the right of

severence on the trial."

The amendment was agreed to.

The report, as amended, was agreed to. The bill was read the third time and passed, as amend!.!d, by the requisite 1..onstitutional majority, there being ayes 28; nays, o.

The Senate took up, as the report of the Committee of the Whole, the bill of the House of Representatives, "Authorizing the issue of bonds of the State of Georgia, for the redemption of certain bonds of the State of Georgia falling due in the next three years, and to reduce the rate of interest on the same."

Mr. Spear moved that the bill be laid on the table until July next.
Pending discussion of this motion, the hour of 8 o'clock p. m. arrived, and the special order therefor was taken up, to wit: The majority and minority reports of the com mittee to enquire and report in regard to the endorsement of the bonds of the Northeastern Railroad Company.

The reports were taken up and read, and are as follows, to wit:

MAJORITY REPORT.
To the Senate and House of Representatives: On the 7th day of November, 1878, his Excellency the
Governor, laid before the General Assembly the following special message, to wit~

DECEMBER 12TH, 1878.
} ExECUTIVE DEPARTMENT,
ATLANTA, GA., November 6, 1878.
To t/ze General Assembly: "A grievous necessity has been imposed upon me to de-
mand at your hands a thorough investigation of my motives and conduct, as the Executive of Georgia, in placing the State's endorsement upon the bonds of the Northeast~rn Railroad. This necessity has been created by widely circulated slanders and inuendoes, vile and malignant, and so mendacious and wicked as t'l make all comment and p:1r:1phrase upon them utterly futile. Nothing but a thorough sifting of my every motive and act in regard to these bonds, as far as human insight and judgment can reach these, can satisfy an aggrieved honor, or give such entire assurance to the people of Georgia as they have a right to demand in the premises. To a man who values his good name far more than life, it would be an act of supremest injustice to deny the most plenary vindication, rendered in the most august and authoritative form known to the laws, or to public opinion.
"To the people of this great corrunonwealth, it is of the last consequence that they should know, beyond all peradventure, that the man who fills, at their call, the chief seat of authority, is above reproach or suspicion.
"My denunciations ofan awful andstupenduous slander, forged and uttered to dishonor me, will not be enough. The General Assembly of the State-a co-ordinate power -is appealed to for that justice which, while it will, I know full well, exonerate me as a fnan, will also vindicate the fair fame of Georgia, assailed by cruel slanders on her Chief Exeutiv.
"ALFRED H. COLQUITT,''

joURNAL OF THE SENATE
In response to the foregoing. the General Assembly passed the following joint resolution :
'' Resoh1ed, That in response to the special communication of his Excellency Gov. A. H. Colquitt, on the subject of the endorsement by him, of the bonds of the Northeastern Railroad, a committee of five from the Senate, to act jointly with a committee of eight from the House, be appointed to investigate the whole matter, and report their action to this body, and that the House be notified of the action of the Senate in the premises, and that said committee be authorized to compel the pre<>ence of persons and production of papers."
And 5ubsequently the following additional joint resolution was adopted, to wit:
"Resobrd by the ~enate and House of Representatves, That the joint committee, to whom was referred the special message of his Excellency, asking an investigation of his endorsement of the bonds of the Northeastern Railroad, be instructed to report not only the conclusions at which it shall have arrived, but also the evidence on which the conclusions are based."
The committee appointed under the first of the foregoing resolutions, submit the following report, to wit:
Impressed with the gravity and magnitude of the matter submitted to it, the committee have patiently and rigidly investigated every charge and every rumor which might in any way affect the motives and conduct of the Governor in fixing the State's endorsement to the bonds of the Northeastern Railroad Company. Every witness connected in any way with the transaction, has been subjected to a most thorough examination. The committee has no~~been able to find any proof, that has, directly or indirectly, implicated Governor Colquitt in this transaction in-

DECEMBER I2TH,_I878

2S5

't:i

consistent with the honest and conscientious discharge of

the duties of his high position.

They also find that he has not been guilty of any illegal conduct or corrupt practices in the matter of said endorse ment.

In the opinion of this committee, the reports and rumors that connect the name of the Governor with any improper conduct in the mJ.tter of the endorsement of the bonds of the Northeastern Railroad Company, are vile and malignact slanders.

This committee Jid not investigate the legality of the State's endorsement of the bonds of the Northeastern Railroad Company, except in so far as the same was calculated to illustrate the conduct and motives of the Governor, because they did not believe that the investigation of this purely legal question was within the scope of the investigation ordered by the General Assembly.

In investigating the motives and conduct of the Governor, the committee have found it necessary to examine into the conduct of Mr. John W. Murphy, a clerk in the Trea sury Department of the State, and it is the opinion of this committee that Mr. Murphy was not guilty of any illegal conduct or corrupt practices in the matter of the endorse ment of the bunds of the Northeastern Railroad Com pany.

While we do not believe that any wrong has been done in this instance, and while thus exonerating his Excellency Governor Colquitt, and Mr. Murphy, we are of opinion that the independence of the departments of the State government, and the purity ot the public service, w,1uld b.:: seriously threate:1ed if it were tolerated, th:1t an official .r subordinate of o.1e dep:trtment sho:.t~d !::>:! pe:-mitted to practice before or mass infh:ences upon the chief of anotil

jouRNAL OF THE SENATE

er department of the State government, with a view to in

fluence his official conduct.

Therefore, to avoid any wrongs fro'll such a practice in the future, we suggest the propriety of such legislation on

the subject as will prevent any officer of this State, or any

person holding office by authority of the State, from ac-

cepting a fee, or being employed to represent before the

Governor any matter or claim that the Governor is required

to pass 11pon.

In closing their report, this committee submit all the testimony taken by them, and also submit the following

resolution:

Resolved, That the report of this committee be adopted

as the sense of this General Assembly.

ALBERT H. COX, Chairman H. C.
W. J. NORTHERN, ARTHUR H. GRAY, ALLEN FORT, H. G. WRIGHT, JOHN I. HALL.

JOSEPH W. PRESTON, Chairman S. C.
II. R. CASEY, JOHN F. TROUTMAN, SAM'L HAWKINS, ISAAC P. TISON,

MINORITY REPORT.
To tlu Senate and House oj Representatives : The undersigned, members of the joint committee of the
Senate and House of Representatives, appointed to investigate the conduct and motives of his Excellency the Governor, in placing the State's endorsement on the bonds of the Northeastern Railroad Company, being unable to concur fully in all the conclusions arrived at by a majority of the committee, beg leave to submit the following mir.ority report, to wit :
From the very general nature of the matters embraced in the inquiries, w!1ich the committee were by joint reso-

bECEMBER 12TH, 1878.

-

lution instructed to make, their investigation has necessari-

ly taken a wide range, touching at times on occurrences

which, when considered separately and apart from other

facts developed by the committee, may not seem to bear

any necessary relation to the main purpose of the inquiry,

and while recognizing the impossibility of opening at large

within the limits of a formal report the various facts elicit-

ed in the course of the investigation, yet we deem it

necessary to a proper understanding of the report we have

feit called on to make, that it should contain at least a brief

outline of some o! the more prominent features of the tes-

timony. In the month of October, 1874, the authorities

of the Northeastern Railroad Company, for the first time,

made formal application to the then Governor, to have the

State's endorsement placed on their bonds; this application

was not successful ; Governor Smith declining to determine

at that time the question as to the right of the company

to receive the endorsement, on the ground (among others),

that the application had been prematurely made, and post-

poning the consideration of the matter until such time as

the condition of the work would authorize and require

definite action at his hands. The claim of the company

to receive the endorsement seems to have been brought to

the Governor's attention several times afterwards, but in

an informal way, and without definite result, until late in

the fall of 1876, when he wa:> notified by the officials of the

company that the road had been completed, and requesteJ

to appoint commissioners to examine into its condition,

and regort whether the terms imposed by the act, granting

the aid of the State, had been complied with. The com-

missioners were appointed as requested, and soon thereaf-

ter reported to the Governor that forty miles of the road

bad been completed and equipped, and that there were no

288

JouRNAL oF THE SENAT~

prior liens outstanding against the property of the company ; it appeared, however, that no continuous section of 20 miles had been completed in the terms of the State Aid act, at the date of the passage of the repealing act
of March, I 874 Soon after this report was made, the
Attorney General, Mr. HamnJOnd, at the request of Governor Smith, furnished an official opinion as to the rights of the road to receive the State's endorsement; this opinion was adverse to the right claimed by the company, and the authorities of the road were promptly notified of its tenor. On being further importuned by them, the Governor suggested, in view of the alleged "equities" underlying the claim, that the matter be brought before the Legislature ; and in this situation the claim of the railroad company stood when the official term of the present Executive begun. The questions involved were of the gravest moment to the people of the State, as well as to the holders of the bonds; they had been widely discussed and diversity ofopinion existed respecting them, even among those best qualified for their determination. The claim of the company was brought before the Legislature as had been suggested by Governor Smith, and afterwards by Governor Colquitt, but at so late a period of the session that an adjournment took place before any action was had in regard to it, and for some months the matter rested here. It appears that the Schofield Rolling Mill Company, doing business in Atlanta, dnd having large claims against the Northeastern Railroad Company on account of iron
furnished for the use of the road, had had transferred
to it, as a security for the payment of these claims, bonds of the railroad company to a large amount, some of which had been used by the authorities of the rolling mill company in negotiating loans from banks in Atlanta, Ath-

bECEMBER 12TH, 1878.

289

ens, and at perhaps other places; and in the spring of 1877 the rolling mill company, for its own protection, and that ofthe banks, determined to urge anew on the Governor the signing of the bonds, and to this end legal advice was secured. In the course of the efforts that followed, attention was called by the Governor to the propriety of procuring the institution of proceedings in the Courts under the provisions of the repealing statute of March, 1874; this suggestion was immediately adopted, and an equity suit commenced in the Superior Court of Clarke county in the
name of a Mr. Morris, of Athens, with the view to hav-
ing the right of the railroad company to receive the endorsement determined. This suit resulted adversely to the claim of endorsement, and the case was carried to rhe Supreme Court, where the constitutionality of that section of the act of 1874, under which the suit was brought, was denied, and the whole matter virtually relegated to the Governor, who, although very strongly impressed with the ''equities" of the case, and notwithstanding the great concurrence of opinion among those whose advice and opinions were sought by him in favor of the right to endorsement, yet i:1 view of the magnitude of the interests inolved, felt that it would be the safer course to postpor,e action in the premises, and let the whole matter be determined by the Legislature, and so advised the parties interested; nor did he think of departing from this policy, until near the close of 1877, when it appearing that suits instituted by the creditors of the railroad company were about to culminate, and its entire property threatened .to be sacrificed under the executions that would follow, the Governor believing that nothing less than immediate action on his part would save the company from impending ruin. After a most careful consideration of all the

questions involved, and in pursuance of the advice of some of the wisest and most prominent men in the State, on the 17th of January, 1878, p1ssed an executive order for the 5igning ofthe bonds, and on the 23d day of the same month they were delivered to the authorities of the railroad company.
As to the sufficiency, in a legal point of view, of the con. elusions on which this action of the Governor was based, we do not deem it either necessary or proper to express an opinion, concurring as we do with a majority of the committee, that thi::; is a matter not indudt::d ir. the :.cope of the investigation they were directed to make.
It appears further, that during the year of 1877 intimations were made to an official of the rolling mill company, that for a sum of money to be paid to an employee in the office of the State Treasurer, the endorsement of the bonds could be procured. No arrangement or contract was then perfected, but early in January of the present year these negotiations were re-opened, and a written contract was entered into between the officials above referred to and the Citizens Bank of this city, in which it was stipulated that $8,000 ::;hou!d be :_:>aid to Samuel B. Hoyt, if the Governor of the State should, within ten days, pass an order for the endorsement of the bonds, and the signing of the same should actually begin. On the roth of January, by a supplemental contract, the time within which the order for the signing of the bonds was to be passed was extended to ao days ; the order for the signing of the bonds was passed on the 17th of January, and the money was paid to Mr. Hoyt for Mr. J. W. Murphy, 'then and now Clerk in the Treasurer's office, on the 23d of January. The services rendered by Mr. Murphy, and for which he received the the sum stated, consisted in procurring and presenting to

bEcEMBER I 2TH, 1.S7S.

2gt

the Governor the opinions, official and professional, of exmembers of the Legislature, and prominent lawyers in Atlanta and elsewhere, and in arguments made by himself and by Col. D. P. Hill, his attorney, before the Governor, urging the endorsement of the bonds.

It further appears that during the progress of his efforts to procure the favorable action of the Governor, Mr. Murphy informed him that he was interested in the endorsement, but it is shown by the testimony that neither the terms of Murphy's employment, nor the fact that a fee was to be paid to him, were known to the Governor, until after the endorsement was made and the bonds delivered. Whatever, then, may have been the motives that moved the parties to this contract to enter into it, it is absolutely certain that neither its terms nor anything growing out of it could have in the least degree influenced the conduct of the Governor in endorsing the bonds; and we do, therefore, nrand as a libel the insinuation that the determination of Governor Colquitt to endorse the bonds was induced by any sinister influence or unworthy motive.
But underlying that mass ofcalumny and slander which has lately assailed the fair lame of the <;iovernor, and the real occasion for the existence and currency of the loose libels that have sc alarmed and grieved all good men, the testimony in this case discloses an evil too great to be passed over without notice and condemnation at our hands. As the guardians of whatever concerns the safety of the Government, and the purity of the public service, it is our first duty to point out abuses that may seem to threaten either, to the end that they may be removed and fresh securities provided against their recurrence, and it is to avoid the imputation of unfaithtulness in this respect, that . we invite the attention of the General Assembly to the

jouRNAL 6F THE SENATE
evils that must flow from the toleration of the practice among officials or employees of any department of the Government, of exacting ft!es, or receiving rewards, in considt!ration of influencing or atterr "1ting to influence, or pretending to influence the official conduct of other officials of the same, or of different departments of the Go~ ernment. This is certainly a matter of the gravest concern, and one most nearly affecting the integrity and independence of the several departments of government. Nor can it be said that this abuse is not a proper subject for our animadversion, since it is out of its evil operation that the occasion for this inquiry arose. It lies at the bottom of "the whole matter." It has banished members of this body for weeks from their appropriate places of duty, and so hindered the public service; it has filled the public mind with anxiety and alarm ; it has furnished food for the whole brood of malignant slanderers ; and, worse than all, it has imperiled the peace, the influence, aye, even the reputation of one whose honorable fame is among the most precious of our public treasures; and, if permitted to go unrebuked, we may, under its operations, see each departme!!t of the Government converted into a ''tolling house" for the exaction of unjust and unauthorized fees. There is small reason to fear that the Executive Chamber itself will ever become the scene of corruption or extortion ; but for its perfeet protection it is, in our opinion, necessary that the precincts thereof, and the approaches thereto, be likewise preserved from all occasion for suspicion or scandal.
This much we have, under a sense of duty, felt necessary to say in explanation ofthe conclusions we have reached. If our conclusions be wrong, these errors have proceeded from no lack of pains on our part to know what was right.

DECEMBER 12TH, 1878
This pledge of rectitude we gave to this General Assembly when entering on the discharge of the grave and delicate duties entrusted to us as members of the committee; and this pledge we have el;deavored faithfully to redeem.
And, to guard against the evils adverted to herein, we respectfully recommend the enactment of such legislation as will prevent the contracting for, receiving directly or indirectly, by any official or subordinate of any department of the State government, any fee or reward for influencing or attempting to influence, the official conduct of the head of any other department.
Respectfully submitted WM. M. HAMMOND, R. C. HUMBER.
On motion of Mr. Casey the pending reports were laid on the table for the present.
The Senate resumed the consideration of the unfinished business, to wit: The motion of Mr. Speer to lay on the table, until July next, the bill of the House of Representatives, ''Authorizing the isssue of bonds of the State of Georgia, for the redemption of certain bonds of the State of Georgia falling due in the next three years, and to reduce the rate of interest on the same."
Mr. Fain called for the previous question. The same was sustained, and the main question was put, and the motion to postpone did not prevail.
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.
19~

294

JouRNAL oF THE SENATE

Those who voted in the affirmative are, to-wit-Messrs.

Bryan, Cabaniss, f'andler, Clements of the 15th, Clifton, Cumming, Drake, Duncan, Fain,

Folks, Grimes, Hamilton of the 14th. Harrison, Hawkins, Hodges, Holcombe, Holton, Howell,

Lumpkin, McDaniel, McLeod, Perrv, Simmons, Staten. Stephens, Tyson of the 101h, Wellborn.

Those who voted in the negative are, to-wit-Messrs.

Bower,

Hud!>on,

Clements of the 44th, Russell,

Ayes, 27. Nays, 7

Speer, Tnrner,
MR. PRESIDENT.

So the bill was passed by the requsite constitutional ma-

jority.

Mr. Bower gave notice of his intention to move a re-

consideration ofthe same.

On motion of Mr. Staten, the bill of the House of Rep-

resentatives ''Prescribing the manner in which county lines

may be changed in this State" was taken from the table

and read the second time.

The Senate took up, as the report of the Committee of the Whole, the bill of the House of Representatives, "To prevent any Coroner in the State of Georgia receiving as fees, either for holding inquests or for burying the dead bodies, a sum per annum of more than fifteen hundred dollars out of the county treasury."
The report was agreed to. The bill read the third time, and passed by the requisite constitutional majority, there being ayes, 26 ; nays, o.
The Senate took up, as the report of the Committee of

DECEMBFR 12TH, 1878.
the Whole, the bill of the House ot Representatives "To provide for the probate of foreign wills, and for the appointment and qualification of administrators in this State, to carry out the provisions of foreign wills when admitted to probate and record in this State."
The same was amended, on motion of the Committee on the Judiciary, by striking out of the second section the word ''testamentary" where it occurs the second time, and inserting in lieu thereof the words " of administration." Also, by adding to the second section the following proviso, to wit :
"Provided, That nothing in this act shall authorize the appoinment of such administrator in case of such foreign will, when a duly authorized and qualified administrator or executor, under the laws of another State, is willing to discharge, and does, within twelve months from the testator's death, proceed to discharge his duties, conce.rning such property in this State, according to the laws now existing in this State as to foreign executors and administrators."
The third section was amended, on motion of the Judi-:iary Committee, by striking therefrom, in the last clause, the words, "except that resident."
The report as amended was agreed to. The bill was read the third time and passed as amended, by the requisite constitutional majority, there being ayes, 27; nays, o. On motion of Mr. Hodges, the bill of the House of Representatives "To keep open and prevent obstructions to the free passage of fish in the waters of all rivers and mouths of creeks in this State," was called from the hands

296

JouRNAL OF THE SENATE

of the Judiciary Committee. and read the second time. The Senate took up, as a report of the Committee of
the Whole, the bill of the House of Representatives "To permit parties defendant, in all cases where a plea of recoupment has been filed, to recover therein any damages proven in excess of the claim of the plaintiff."
The report was agreed to. The bill was read the third time, and passed by the requisite constitutional majority. On motion of Mr. Speer, the Senate took up, as the report of the Committee of the Whole, the reconsidered bill of the Senate "To repeal section 1954 of the Code, so far as relates to mortgages on stocks of goods." Mr. Holcombe moved that the same be indefinitely post-

poned. On this motion Mr. Speer required the ayes and nays to

be recorded. Those who voted in the affirmative are, to-wit-Messrs.

Bryan, Cabaniss, Candler, Clements of the 15th, Clements of the 44th, Cumming, Drake,

Folks,

Lumpkin,

Grimes,

McLeod,

Hamilton of the 14th, Russell,

Harrison

Simmons,

Holcombe

Stephens,

Holton,

Turner,

Howell,

MR. PRESIDENT.

Those who voted in the negative are, to-wit :

Bower, Casey, Duncan, Fain.

Hawkins, Hodges, Perry,

Speer, Staten, Tison of the lOth,

Ayes, 21. Nays, 10.

So the motion to indefinitely postpone prevailed.

On motion of Mr. Simmons, the Senate adjourned until

10 o'clock a.m., to-morrow.

DECEMBER 13TH, 1878.

} SENATE CHAMBER,
Friday, December 13th, 1878, 10 o'clocka. m.

The Senate met pursuant to adjournment, the President

in the chair.

Prayer by the Rev. Dr. Parks.

On the call of the roll, the following Senators answer-

ed to their names, to wit-Mess.rs :

Bower

Folks

McDaniel

Bryan

Grantland

McLeod

Cabaniss

Grimes

Perry

Candler

Hamilton ofthe 14thRussell

Ca~y

Ha~mn

Simmons

Clarke

Hawkins

Speer

Clements of the I 5thHead

Staten

Clements ofthe44thHodges

StepheAs

Clifton

Holcombe

Tison of the

Cumming

Holton

Tison of the 10th

Drake

Howell

Turner

DuBose

Hudson

Wellborn

Duncan

Lumpkin

MR. PRESIDENT.

Fain

The Journal was read and approved.

The following message was received from the House of

Representatives, through Mr. Goetchius, the Clerk there-

of, to wit:

Mr. President : The House of Representatives having considered the
amendments of the Senate to the bill of the House "To be entitled an act making appropriations for the Executive, Legislative and Judicial expenses of the government, and for other purposes herein mentioned, per annum, for the years 1879 and 1880," have concurred in the following amendment to the same, to wit : The 4th amendment to
20

2g8

JouRNAL oF THE SENATE

section 2, 24th line, striking out the word " fifty" and

inserting the words "one hundred," and have disagreed

to all the other amendments of the Senate to said bill of

the House, and respectfully requests the Senate to recede

therefrom.

On motion of Mr. Fain, so much of the Journal of yes-

terday was reconsidered as relates to the concurrence of

the Senate in the Resolution of the House of Representa-

tives ''To anthorize the sale of personal property within

the walls of the Penitentiary."

Mr. Bower moved a reconsideration of so much of the

Journal of yesterday, as relates to the passage of a bill of

the Honse of Representatives "Authorizing the issue of

bonds of the State of Georgia, tor the redemption of cer-

tain bonds of the State of Georgia falling due in the next

three years, and to reduce the rate of interest on the

same."

On this proposition, Mr. Bower required the yeas and

nays to be recorded.

Those who voted in the affirmative are, to wit-Messrs:

Bower

Hudson

Speer

Clements ofthe44thRussell

Turner

Clifton Those who voted in the negative are, to wit-Messrs:

Bryan

Folks

McDaniel

Cabaniss

Grantland

McLeod

Candler

Grimes

Perry

Clarke

Hamiltonof the 14thPreston

Clements of the I 5thHawkins

Simmons

Cumming

Head

Staten

Drake

Holcombe

Stephens

DuBose

Holton

Tison of the 4th

Duncan

Howell

Tison of the 10th

Fain

Lumpkin

Ayes, 7 Nays, 30.

MR.. PRESIDENT.

DECEMBER 13TH, 1878

299

So the motion to reconsider did not prevail. On motion of Mr. Cabaniss, the foregoing bill was ordered to betransmitted, forthwith, to the House of Representatives. Mr. Fain moved a reconsideration of so much of the Journal of yesterday, as relates to the action of the Senate in agreeing to the adverse report of the Judiciary Committee onthe bill of the House of Representatives, amending an act in relation to tt.e liability of railroad companies in this State, for the destruction of or injuries to live stock, etc. The same was reconsidered. Mr. McDaniel, chairman of the Committee on the J udiciary, made the following report, to wit: Mr. President: The Committee on the Judiciary have been unable, for want ot time, to consider the following bills of the Senate, to wit: Nos. 65, 86, 98, IOO, 103, 104, 105, 107, 108, 95, III, II6, I17, I2I, I22, 123, 124, I25 and I26, and resolution No. 38. Also, the following bills of the House of Representatives, to wit: Nos. 79, 150, I 59, I75, 199, 260, 285 and 295, and respectfully ask further time for the consideration of said bills and resolution, and that the same be returned by the Secretary at the expiration of the recess of the General Assembly. Mr. Russell, chairman of the Enrolling Committee, submitted 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: An act "To regulate the striking of juries in civil cases and in cases of misdemeanor in the Superior Courts of this State." Also, An act "To carry into effect raragraph 2, section I8,

300

JouRNAL OF THR SENATE

article 6, of the Constitution of 1877, so as to provide for the selection of the most experienced, intelligent and upright men to serve as grand jurors, and of intelligent and upright men to serve as traverse jurors, and for the drawing of jurors."
An act "To provide for the people to be better supplied with the laws of this State."
An act "To repeal section 1677 of the Code, and in lieu thereof to provide for the granting and amending of charters for schools, academies, colleges and churches."
An act "To allow persons against whom warrants are sued out as intruders, or as tenants holding over, three days within which to file counter-affidavits to such warrant!', and for other purposes."
An act "To enforce paragragh I, section 9, article 7, of the Constitution."
An act ''To provide for setting apart homestead and exemptions of property, for the sale thereof, and the reinvestment of the proceeds," etc.
An act "To allow certain liens of landlords to be foreclosed before due, in certain cases." Also,
An act "To authorize the sale by common carriers of ail freight unclaimed, and the deposit in bank of the net proceeds of sale to await the claim of the owner, and for other purposes."
Mr. Clarke, chairman of the Committee on Corporations, reported in favor of disagreeing to the House amendments to the Senate bill "To carry into effect para-
graph 18, section 7, article 3 of the Constitution, by pre-
scribing the manner in which corporate powers may be granted." The motion to disagree prevailed.
The amendment, by way of substitute, of the House of Reptesen'tqtives, to the Senate bil~ ''To fix the fiscal year

DECEMBER IJTH, 18]8.
for the Stata, and to provide how and when the message of his Excellency the Governor, and reports. of the Comptroller General and Treasurer, shall be made," was taken up and concurred in.
The following resolution, amendatory of the rules, was, on motion of Mr. Clements, taken up and agre~td to; to wit:
'' Resolved, 'l'hat until a recess of the General Assembly, no member shall be allowed to speak more than ten minutes on any one subject of debate, except by leave of two-thirds of the Senate."
On motion of Mr. Cabaniss the appropriation bill was taken up. The House of Representatives having refused to agree to certain amendments of the Senate to said bill, the said amendments were taken 1,1p, and disposed of as follows, to wit:
The Senate receded from its amendment to strike out after the word '"Representative" at the end of the 12th line of the 2d section, "the 13th, qth, I 5th and 16th lines inclusive."
The Senate insisted on the following amendment to the 2d section, to wit : by adding to the end of the 27th line the foliowing words. ''And the same mileage as. that received by members of the General As!'>embly."
The Senate insisted on its amendment to the 32d line of the 2d section, striking therefrom $1.50 and inserting
<J,2.00.
The Senate insisted on its amendment to the 34th line of the second section, striking out $ 1. 50 and inserting $2.00.
The Senate insisted on its amendment to tlt.e 23d: line of the 4th section, striking out "eighty-five hundred" and inserting "ten thousand."
The Senate insisted on its amendment to the 22d line of

the 4th section, which adds, after the word ''Atlanta'' in said line, the words "Keeper of public buildings and grounds."
The Senate insisted on its amendment to the 2d section, which added to the 36th line thereof the following proviso: "Provided they pay John Brown for the 13 days he served out of their pay."
The Senate insisted on its amendment to the 29th line of the 2d section, striking out from said line ''three" and inserting ''four."
The Senate receded from its amendment of the 2d section, which provides for the payment of the Clerks of the Judiciary and Enrolling Committees of the House of Representatives.
The Senate receded from its amendment to the 2d section, striking out $1.50 and inserting $2.00 in relation to the pay of the keepers of the water closets.
The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof, to wit :
M~. President: The House of Representatives has wncurred in the
amendment of the Senate to the following bill of the House, to wit:
A bill ''To be entitled an act to amend section 4692 of the Revised Code of 1873, relating to the trial of joint defendants."
The following bills of the Senate have been lost in the House, to wit:
A bill ''To be entitled an act to regulate the advertisement of sales by Sheriffs and Administrators." Also,
A bill "To be entitled an act to amend section 1832 of the Code. " Also,

DECEMBER 13TH, 187S.
A bill "To be entitled an act to amend section 1779 of
the Code." Also, A bill "To be entitled an act to amend section 3972 of
the Code of 1873." Also, A bill "To be entitled an act to amend section 244 of
the Code of 1873." Also, A bill ''To amend section 274 of the Code in relation
to appointment of receivers." Also,
A bill ''To be entitled an act to repeal an act approved February 28th, 1874, entitled an act to require judgment creditors in certain cases to have their judgments record ed in the county of the defendant's residence," and in lieu thereof to require a proper docketing of the fi. fas. in such cases."
Mr. Russell offered the following resolution, to wit : ''A resolution expressive of disapprobation of the policy of aiding private corporations and private enterprises by appropriations from the Treasury of the United States, or the endorsement of the bonds of private corporations by the General Government."
The Senate took up, as the report of the Committee of the Whole, the bill of the House of Representatives ''To fix the time of holding the Superior Courts in the counties of Webster, Lee, Pierce, Ware, Clinch, Coffee, Camden, Charlton, Glynn, Harralson, Floyd, Walton, Jackson, Gwinnett, Clarke, Rockdale, Echols, Appling, Wayne, Pike, and for drawing juries in certain cases, and for other purposes.
On motion of Mr. McDaniel, the 1st section was amended by striking out "Walton" where it occurs, and inserting ''Jackson," and by striking out "Jackson" where it occurs and inserting 'Walton," so as to leave the 3d Mondays in February and August to Walton, and to give

jouRNAL oF THE SENATE
Jackson the xst Mondays in February and 2d Monday in August."
The bill was further amended, so as to fix the time of holding the Superior Court of Irwin county on the Mon"day after the 4th Monday in March and September, and to fix the time for holding the Superior Court of Gordon county, on the 4th Mondays in February and August of each year.
The same was further amended on motion of Mr. Clarke, by striking out the 3d section and changing the ntlmbers of following sections to correspond with the altered condition of the bill.
The report, as amended, was agreed to. The bill was read the third. time and passed by the requisite constitutional majority, there being ayes, 27; nays, I.
The time of the morning session was, on motion of Mr. Cabaniss, extended until twenty minutes after one p. m.
The Senate took up, as the report of the Committee of the Whole, the bill of the House of Representatives "To authorize incorporated cities in this State to permit the enclosure of lanes or alleys in such cities where owners of the lots abutting on such lane or alley, or part of such lane or alley sought to be secluded, consent.
The report was agreed to. The bill was read the third time and passed by the requisite constitutional majority, there being ayes, 32; nays, -.
The Senate took up, as the report of the Committee of the Whole, the bills of the House of Representatives "To carry into effect paragraph 2, section 18, article 6, of the Constitution of 1877, providing for the selection of grand and traverse jurors, etc."
The report was agred to. The bill was read the third time and passed by the requisite constitutional majority, there being ayes, 27; nays,-.

bECEMBER 13TH, 187S.

305

On motion, it was ordered that all bills passed this day
shall be transmitted forthwith to the House of Representatives, unless otherwise ordered by the Senate.
The hour having arrived for adjournment, the President declared the Senate adjourned until 3 o'clock p. m.

3 O'CLOCK P. M.
The Senate met pursuant to adjournment, the President in the chair.
The Senate took up, as the report of the Committee of the Whole, the bill of the House of Representatives '' To alter and amend section-- of the Revised Code of 1873, in relation to the carrying of concealed weapons."
The report was agreed to. On motion of Mr. Fain, the bill was laid on the table for the present. The Senate took up, as the report of the Committee of the Whole, the bill of the House of Representatives ''To provide for the redemption of land sold under tax executions, to provide for the mode of reconveying the same, and for other purposes therein mentioned." For this bill the Judiciary Committee reported as a substitute, a bill ''To provide, more satisfactorily for the redemption of lands sold for taxes." The substitute was amended, on motion of Mr. Russell, by inserting after the word "sold," in the 3d line of the 1st section, the words "or has heretofore been sold." The substitute was further amended, on motion of Mr. Clarke, by striking out of section gth, all after and including the words " except so far. " The report, as amended, was agreed to. The bill was read the third time and passed, as amend-

jouRNAL OF THK SE~AT
ed, by the requisite constitutional majority, there being ayes, 2 5 ; nays, o.
The Senate took up, as the report of the Committee of the Whole, the bill of the House of Representatives '' To amend section 2971 of the Code of 1873, so as to provide in case of ~uits under said section either the widow or the children, as the case may be, shall recover the full value of the life of deceased, and prescribing the manner in which the widow shall hold the amount recovered."
The same was amended, by striking out the 3d section thereof.
The report as amended was agreed to. The bill was read the third time and passed as amended by the requisite constitutional majority, there being ayes, 24; nays-.
The Senate took up, as the report of the Committee of the Whole, the bill of the House of Representatives ''To. increase and fix the amount of the bond to be given by the Treasurer of the State Lunatic Asylum."
The report was agreed to. The bill was read the third time and passed by the requisite constitutional majority, there being ayes, 26; nays, -.
Mr. Russell, chairman of the Enrolling Committee, submited 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, the following Senate bill, to wit:
An act ''To change the fiscal year, so that the same shall begin on the first day of October and end on the thirtieth da'y of September."
The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof, to wit.

Mr. President:
The House of Representatives has receded from its disagreement to the following amendments of the Senate to the bill of the House ''To be entitled an act making appropriations for the Executive, Legislative, and Judicial expenses of the Government, and for other purposes herein mentioned, per annum, for the years I879 and I88o," to wit: Adding the words'' And the same mileage as that received by members of the General Assembly." Also, the amendment to the 2d section, paragraph 9, in striking out ''three" and inserting ''four" as the pay of the gallery keepers. Also, amendment to section 2, paragraph 12, regarding pay of keepers of water closets, by adding the following words: "Provided, they pay John Brown for the thirteen days he served out of their pay."
The House refuses to recede from its disagreement to the following amendments of the Senate to said bill, to wit: Amendments to section 2d, paragraph 10, in striking out ''one and a half" and inserting ''two" as the pay of the porters. Also, amendment to 2d section, paragraph I I, in striking out ''one and a half' and inserting ''two,'' as the pay ofthe pages. Also, amending section 4th, paragraph 7 (printed copy) in striking out ''eighty-five hundred" and inserting ''ten thousand." Also, amending section 4th, paragraph 7th, by inserting after the word "Atlanta" the words "keeper of public buildings and grounds, ' and respectfully ask of the Senate a committee of conference on said disagreements, and have appoint~d as such committee, on part of the House, Messrs. Miller of Hous_ ton, chairman, Awtry and Cook.
The House has also concurred in the amendments of the Senate to the following bill of the House, to wit :
A bill "To be entitled an act to provide for the probate of foreign wills and for the appointment and qualification

JouRNAL OF THE SENAT~
of administrators in this State, to carry out the prov1s1~ of foreign wills when admitted to probate and record in this State.
The Senate took up, as the report of the Committee of the Whole, the bill of the House of Representatives "To change the beginning of the terms of the Supreme Court."
The report was agreed to. The bill was read the thi.td time and passed by the requisite constitutional majority, there being ayes, 23; nays, o.
Leave of absence was granted Mr. McLeod for the remainder of the session.
On motion of Mr. Cabaniss, the message of the House of Representatives, relating to the Senate amendments to the general appropriation bill, and asking a committee of conference, was taken up.
On his motion, the Senate insisted on its amendments, and granted the committee of conference. The President appointed as said committee, on the part of the Senate, Messrs. Cabaniss, Tison of the roth, and Mr. DuBose.
The following message was recieved from. the House of Representatives, through Mr. Goetchius, ta~ Clerk thereof, to wit : .Mr. President :
The House ofRepresentatives have passed the:following bill of the Senate, to wit:
A bill ''To be entiled an act to-reduce and regulate the fees of Tax Receivers and Collectors in all the counties of the State, to repeal all local laws relative thereto, and for other purposes," by a substitute, which is
A bill "To be entitled an act to provide for the more just, equitable and economical compensation of 'Fax Re-
..tx ceivers and T Collectors of this State," io which substi-
tute they respectfully ask the concurrence of the Senate. The House of Representatives has concurred in all the

DECEMBER 13TH, 1878.
amendments of the Senate to the following bill of the House, to wit:
A bill "To be e:~titled an act to levy and collect a tax for the support of the State Government, and for other purposes herein mentioned, for the years 1879 and:188o."
The House has concurred in the amendment of the Senate to the following resolution of the House, to wit:
A resolution ''Authorizing C. H. Williams to publish the acts of the present session."
The' following bills of the House of Representatives were, on motion, laid on the table for the present, to wit:
A bill "To prescribe the manner of fixing the compensation of jurors and bailiffs in all the counties of this State."
A bill "To authorize the granting of the writ of cerliOt'arz' in all appeal cases tried by a jury in the Justice's Courts of this State."
A bill "To amend section 24, of an act establishing a public school system for this State, approved August 23, 1'873." And,
A bill "Prescribing the manner in which county lines may be changed in this State."
The Senate took up, as the report of the Committee of the Whole, the bill of the House of Representatives ''To repeal section 4323 of the Revised Code of 1873, to prescribe the punishment for persons convicted of murder, and for other purposes."
The report was agreed to. The bill was read the third time and passed by the requisite constitutional majority, there being ayes, 23 ; nays, - .
The Senate took up, as the report of the Committee of the Whole, the bill of the House of Representatives "To cmy into effect paragraph 2, section 2, of artick: 7, of the

310

JouRNAL oF THE SENATE

Constitution of this State, in reference to the exemption from taxation of certain property therein described."
The report was agreed to. The bill was read the third time and passed by the requisite constitutional majority, there being ayes 23; nays, o.
The Senate took up, as the report of the Committee of the Whole, the bill of the House of Representatives, "To require transferees of tax executions issued prior to February 20th, 1875, to have their executions recorded, and fixing the time when they must be placed upon record, and to destroy the lien of such executions as against transferred property in the hands of third parties when this act has not been complied with."
The same was amended, as proposed by the Judiciary Committee, by striking out all that part of the 1st section between the word ''be" in the 1zth line and the word "and" in the 19t~ line, and inserting the following in lieu thereof, "entered within six months after the passage of this act on the execution docket of the Superior Court of the county in which the same were issued, and if the same were issued against a person or property residing or located in a different county, then, also, in the county of such person's residence, or where such property is located."
The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by the requisite constitutional majority, there being ayes, 23; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill of the House of Representatives "To amend section 4379 of the Code of 1873, in relation to burning out houses, by specifically including gin houses in said section, and increasing the penalty therefor." The report was agreed to. The bill was read the third

DECEMBER 13TH, 18]8

311

time, and passed by the requisite constitutional majority, there being ayes, 25; nays, o.
On motion of Mr. Cabaniss, the House amendment in the character of a substitute to the Senate bill, ''To regulate the fees of Tax Receivers and Tax Collectors in all the counties of this State, and to repeal all local laws relating thereto, and for other purposes," was taken up and disagreed to.
The rules were suspended, on motion of Mr. Boyd, when he offered a resolution to prolong the present session for the purpose of enabling members of the General Assembly to act intelligently upon the question involved in the reports of the committee on the endorsement of the Northeastern Railroad Company.
The following bills of the House of Representatives were taken up, and on motion, laid on the table until July next, to wit :
A bill "To change the charter of the University of Georgia by adding to her Board nf Trustees four additional Trustees, etc."
A bill "To forbid the sale, destribution and furnishing intoxicating liquor on days of election."
A bill ''To provide for appeals in all civil cases tried in Justice Courts, etc., to carry into effect paragraph 2, section], article 6, ofthe Constitution of1877."
A bill "To regulate_the manner of giving in Wild Land, for taxation, and for other purposes."
A bill ' To keep open and prevent obstructions to the free passage of fish in the waters of all rivers and the mouths of creeks in this State." And,
A bill "To amend section 4045 of the Revised Code of 1873, in relation to homesteads."
The Senate adjourned, on motion of Mr. Hodges, until 7 o'clock p. m.

312

JouR~AL OF THE SENATE

7 O'CLOCK P. Jol. The Senate met pursuant to adjournment, the President in the chair. Mr. Fain offered the following resolution, which was taken up, read and agreed to, to wit: '' Resolved, by tlu Senate and House of Representatives, That Mr. Hawkins, Senator from the 42d district, and Mr. Mitchell, Representative in the House of Representatives from the county of Taylor, be added to the joint committee on the sale or lease of the Macon and Brunswick Railroad." On motion of Mr. Fain, the Senate took up the reconsidered resolution of the House of Representatives "To a.uthorize the sale of personal property within the walls of the Penitentiary at Milledgeville." Mr. Fain offered to amend the same as follows, to wit: Resolved further, That before selling said property referred to in this resolution, the principal keeper of the Penitentiary shall advertise the same once a week for four weeks in a newspaper published in the city of Milledgeville, stating day of sale and giving full description of the property to be sold." The amendment was agreed to, and the resolution agreed to as amended. Mr. Russell offered the following resolution, which was taken up, read and agreed to, to wit: Resolved by the Smate, That the Commmittee on Enrollment of the Senate be and are hereby authorized to remain at the Capitol after the adjournment of the General Assembly, for the purpose of superintending the enrollment. of bills and resoiutions, as long as may be.necessary for that purpose." Mr. Cumming moved to take up from the table a resolution offered by him, instructing the Committee on the

DECEMBER 13TH, 1878.

313

Penitentiary to report a bill repealing the act of 1876, under which so-called contracts have been made for the lease of the convicts of this State for twenty years from April 1st, 1876, and for other purposes therein specified.
On motion of Mr. Comming, the same was laid on the table until ] uly next.
Mr. Preston offered the following resolution, to wit: WHEREAS, the report of the committee appointed to investigate the motives and conduct of his Excellency Governor A. H. Colquitt, after the most persevering efforts, have not been able to lay before the General Assembly the facts, and their conclusion in the premises, until the 1zth instant. And, whereas, the facts are so voluminous that it is impossible for the General Assembly to pass upon the !lame advisedly in the short time ldt them by the joint resolution for adjournment. And, whereas, the General Assembly are unwilling that their motives for deferring final action on the report of the committee should not be fully understood; therefore, be it Resolved, That this General Assembly have the utmost confidence in the correctness of the conclu~ions at which the committee arrived, and hereby proudly believe in the honesty and sincerity of purpose of the Governor in his act of signing the bonds of the Northeastern Railroad Company. Mr. Lumpkin offered therefor the following substitute, to wit: \VHEREAS, the majority and minority reports of the special joint committee appointed to invatigate the motives and conduct of the Governor in endorsing the bonds of the Northeastern Railroad were" not laid before the General Assembly until a late hour on yesterday. And, whereas, the evidence accompanying said reports, covering more than one hundred pages of matter closely print-
. 21

JouRNAL OF THE SENATE
ed in srnall type, rendering it entirely impracticable to read and consider said evidence during the present session, therefore,
Resolved, That the consideration of said reports be and the same is hereby postponed until the July adjourned session of the General Assembly.
The proposed substitute was withdrawn by the mover, Mr. Lumpkin.
The original resolution was withdrawn by the mover, Mr. Preston.
The following message was received from the House of Representatives, through Mr. Goetehius, the Clerk thereof, to wit:
Mr. Preszi:icnt : The House of Representatives has concurred m the
amendments of the Senate to the following bill of the House, to wit:
A bill "To be entitled an act to fix the time for holding the Superior Courts in the counties of Webster, Lee, Pierce, ware, Clinch, Coffe~, Camden, Charlton, Glynn, Harralson, Floyd, Walton, Jackson, Gwinnett, Clarke, Rockdale, Echols, Appling, vVayne, Pike, and for drawing juries in certain cases, and for other purposes," with an amendment, in which they ask the concurrence of the Senate.
The House has concurred in the Senate amendment to the foll~wing bill of the House, to wit:
A bill ''To be entitled an act to amend section 2971 of the Code of 187,, so as to provide that in case of suits under said section, eithe~ the widow or children, as the case may be, shall recover the full value of the life of the deceased, and prescribing the manner in which the widow shall hold the amount recovered, and for other purposes."

DECEMBER 13TH, IS]S.

315

The House has concurred in the amendment of the Senate to the following resolution of the House, to wit:
A resolution "Ordering sale of personal property within the walls of the Penitentiary at Milledgeville." Mr. Presdeat:
The Committee of Conference, to whom was referred the adjustment of certain differences between the Senate and House of Representatives, in regard to Ho.use bill 93, known as the appropriation bill, beg leave to make the following report, to wit:
We recommend that the House of Representatives recede from their disagreement to the Senate amendment, fixing the pay of the porters of the House of Representa_ tives at two dollars each, per diem, and that the Senate recede from its amendment disagreeing to the pay of pages fixed by the House of Representatives, at one and a half dollars each, per diem.
\Ve further recommend that the amount to be appropriated for the repairs of the public buildings in Milledgeville, the State House and Execut!ve Mansion in Atlanta, furniture, coal, wood, gas, insurance, repairs of boilers to engine, hire of engineer, guards, servants and general incidental expenses, the sum of ninety-four hundred dollars, or as much thereof as may be necessary to be expended under the direction of the Governor, including one thousand dollars to be paid to the keeper of public grounds and buildings.
T. B. CABANISS,
ISAAC P. TISON, C. W. DuBOSE.
Senate Committee. S. K. COOK, ]. F. AWTRY,
House Committee.

316

JouRNAL oF THE SENAT~

I concur in the above report, except as to the amendment proposed by the conference committee to paragraph 7, of section 4, of the hill.
A. S. MILLER, Of the House Committee.

The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof, to wit :
Mr. President: The House of Representatives has passed the following
bill of the Senate, to wit :
A bill "To be entitled an act for the establishing of branches of the State University at Cuthbert and Thomasville, etc."
On motion of Mr. Cabaniss, the Senate took up and concurred in the report of the committee of conference on the Senate amendments to the general appropriation bill.
The Senate, on motion, took up the amendment by the House of Representatives to an amendment of the Senate to the bill of the House, fixing the time for holding the Superior Courts in the counties of Webster, Lee, Pierce, Ware, Clinch, Coffee, Camden, Charlton, Glynn, Harralson, Floyd, Walton, Jackson, Gwinnett, Clarke, Rockdale, Echols, Appling, Wayne, Pike, and for drawing juries in certain cases, and for other purposes," and concurred in the same.
Mr. McDaniel offered the following resolution, which was taken up and read, to wit:
WHEREAS, on the second day of the present session of this General Assembly, his Excellency Governor Colquitt, demanded, as an act of justice to himself and of moment ous interest to the State ot which he is the Chief Execu

DECEMBER I3TH, ISJS

tive officer, an investigation into his conduct and motives

in reference to endorsing the bonds of the Northeastern

Railroad Company. And, whereas, a joint committee of

thirteen, after the most rigid and thorough examination,

have unanimously vindicated his conduct in regard thereto,

however different and differently expressed, the views of

the majority and minority on minor points. And, whereas,

the General Assembly have not time, without a prolonga-

tion of the session, to examine the testimony, acc11mpany-

ing said reports, with a view to adopt or reject said t eports,

therefore,

Resolved, That this General Assembly cannot ~'1journ,

in justice to a co-ordinate branch of the Govern.,.,cnt, to

themselves, and to the State, without placing upon the re-

cord an avowal of our undiminished confidence in the in-

tegrity and purity of the Governor of our State.

The same was amended, on motion of Mr. Cumming, by

adding the following thereto, to wit:

"Resolved, That the postponement by the General As-

sembly of action on the report of the Investigating

Committee, is not to be construed as an expression that its

confidence in the character of the Governor, a character

exalted by his civil, military and private career, is at all

shaken, but such postponement by the General Assembly

is simply due to its own appreciation of the proprieties of

judicial proceedings, which forbid judgment in any and all

cases, before the cases have been heard."

On the question of agreeing to the resolution as amend-

ed, the ayes and nays were required to be recorded.

Those who voted in the affirmative are, to wit-Messrs:

Bower

DuBose

McDaniel

Bryan

Duncan

Perry

Cabaniss

Fain

Preston

Candler

Folks

Russell

JouRNAL oF THU SENATe

Casey

Grantland

Speer

Clarke

Hodges

Staten

Clements.ofthe 15thHolcombe

Stephens

Clements ofthe 44thHolton

Tison of the 10th

Clifton

Howell

Turner

Cumming

Hudson

Wellborn

Drake

Lumpkin

MR. PRESIDE~T.

Those who voted in the negative are, to wit-Messrs:

Boyd

Head

Ayes, 33 Nays, 2.

So the resolution, as amended, was agreed to.

Leave of absence was granted to Mr. Turner and ~r.

Hawkins.

Mr. Clarke offered the following resolution, which was

taken up and read, to wit:

WHEREAS, A joint resolution of the two Houses of the

General Assembly has been passed by a two thirds majority

of each House, providing for a recess of the General As-

sembly to begin on Friday, the 13th of December, 1878,

and continue until the first \Vednesday in July, I 879, and

that, on re-assembling on the last named day, the General

Assembly will remain in session as long as the public in-

terest may require. And, whereas, some doubt has

been raised, whether the language of said resolution suffi-

ciently expresses the determination to prolong the present

session beyond the constitdionallimit of forty days. It

is, therefore, hereby

"Resolved by tlze Senate, tlze House of Represmtatives colt-

curring, That the General Assembly will prolong its present

session after the said recess, and beyond the said constitu-

tional limit of forty days, for so long a time as the public

interest mc1.y require.'"

On the question of agreeing to the same, the ayes and

nays were recorded.

DECEMBER 13TH, 1878.

Those who voted in the affirmative are, to wit-Messrs.

Bower

Drake

Lumpkin

Bryan

DuBose

McDaniel

Cabaniss

Fain

Perry

Candler

Folks

Preston

Casey

Grantland

Russell

Clarke

Head

Speer

Clements of the 15 thHodges

Stephens

Clements ofthq4thHolton

Tison of the 10th

Clifton

Howell

Wellborn

Cumming

Hudson

.lVIR. PRESIDENT.

Those who voted in the negative are, to wit-Messr!'.

Grimes

Holcombe

Ayes, 30. Nays, 2.

So the resolution was agreed to.

On motion of Mr. Grimes, leave of absence was granted

Mr. Hudson for the remainder of the session.

The following message was received from the House

of Representatives, through Mr. Goetchius, the Clerk

the-reof, to wit:

_J,fr. Preszdent:

The House of Representatives having considered the

report of the conference committee on the disagreements

of the two Houses on the amendments to House bill 93,

known as the appropriation bill, have receded from their

disagreement to the Senate amendment fixing the pay of

porters of the House of Representatives at two dollars each

per diem.

The House has also adopted the following recommenda-

tion of said committee, to wit:

''That the amount to be appropriated for the re'pairs of

the public buildings in Milledgeville, the State House and

Executive Mansion in Atlanta, furniture, coal, wood, gas,

insurance, repairs of boilers to engine, hire of engineer,

320

JouRNAL oF THE SENATE

guards, servants, and general incidental expenses, the sum of ninety-four hundred dollars, or so much thereof as may be necessary to be expended, under the direction of the Governor, including one thousand dollars to be paid to the keeper of public grounds and buildings."
The House has concurred in the amendment of the Senate to the following bill of the House, to wit:
A bill ''To be entitled an act to require transferees of tax executions issued prior to February 20th, 1875, to have their executions recorded, and fixing the time when they must be placed upon record, and to destroy the lien of such executions as against transferred property in the hands of third parties when this act has not been complied with."
Mr. Russell, chairman of the Enrolling Committee, submitted 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 :
''To authorize the Trustees of the State University to accept as branches of said University, Colleges of Agriculture and Mechanic Arts and Sciences to be established at Cuthbert and Thomasville in this State, and for other purposes."
The following message was received from his Excellency the Governor, through Mr. Avery, 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.
The Senate, on motion, went into executive session,

DECEMBER T3TH, 1878.

321

and having spent some time therein returned to open

session.

On motion of Mr. Hodges, the bill of the House of

Representatives "To keep open, remove and prevent ob-

structions to the free passage of fish in the waters of all

rivers and mouth of creeks in this State," was taken up

from the table.

The report of the Committee of the Whole was agreed to.

The bill was read the third time, and on the question of

its passage, the ayes and nays were, by Mr. Fain, required

to be recorded.

Those who voted in the affirmative are, to-wit-Messrs.

Boyd,
Bower, Bryan,
Candler, Casey,
Clements of the 44th, Drake,
DuBose,

Duncan, Fain,
Grantla~:.d,
Grimes, Head, Hodges, Holcombe, Holton,

Lumpkin,
l\lcDaniel, Preston, Russell,
Speer,
Stephens, Welborn.

Those who voted in the negative, are towit-Mr. Tison

of the 10th.

Ayes, 23. Nays, 1.

So the bill was passed by the requisite constitutional

majority.

Mr. Clarke offered the following resolution, which was

taken up, read and agreed to, to-wit:

''Resolved, by tlze Senate and House of Representatives,

That his Excellency the Governor, be informed by a com-

mittee, to be appointed by the presiding officers of the two

Houses, that the General Assembly will take a recess from

this day until the first Wednesday in July, 1879, and that

the session will then be continued as long as the public

interests will require.''

Messrs. Clarke and Welborn were appointed as the com-

mittee on the part of the Senate under the foregoing reso-

lution.

Mr. Welborn offered the following resolution, which

was taken up, read and unanimously adopted, to-wit:

22

322

JouR~AL OF THE SE:>!ATE.

"Resolved, by the Senate, That the thanks of the Senate are due, and are hereby tendered the Hon. Rufus E. LesterPresident of the Senate, and Hon. Evan P. Howell, President pro tem., and Hon. William A. Harris, Secretary of the Senate, and his assistants, for the prompt, efficient and courteous manner in which they have each discharged their respective duties during that part ofthe ses~ion now about to close."

The following message was received from the House of

Representatives, through Mr. Goetchius, the Clerk thereof,

to wit:



Mr. President : The House of Representatives has passed the following
bill of the Senate, to wit :

A bill "To be entitled an act to authorize appeals in the Justices' Courts of this State, to provide for the same, and for other purposes," with an amendment, in which they respectfully ask the concurrence of the Senate.

The House has also concurred in the following resolution of the Senate, to-wit :

A resolution ''Appointing Mr. Hawkins and Mr. Mitch-

ell on the committee on sale of the Brunswick Railroad."

The House has also concurred in the following resolution of the Senate, to-wit:
A resolution ''Appointing a joint committee to inform the Governor that this General Assembly will take a recess from this day until the first Wednesday in July, 1879" The committee on the part of the House are Messrs. Fort, Pike and Irvine.
The Senate, on motion, took up the Senate bill reported as amended in the foregoing message, and concurred therein.
The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof, to-wit:

DECEMBER 13TH, 1878.
Mr. Presttient: The House of Representatives has concurred in the fol-
lowing resoluti.m of the Senate. to wit: A resolution "In regard to Governor Colquitt's endorse-
ment of the bonds of the Northeastern Railroad Company." 1 Mr. Bryan offered the following resolution, which was taken up, read and unanimously agreed to, to wit:
'' Resolved, That the thanks of the Senate are due, and are hereby tendered to the Reverend Ministers of the Gospel, who have, frorn day to day, during the present session of this General Assembly, invoked the blessings of God upon the labors of this body, as well as upon their family and individual interests."
Mr. Duncan offered the following resolution, which was taken up, read and unanimously agreed to, to wit:
" Resolved, That the thanks of this body be tendered the reporters of the Atlanta Constztution and Evening Post for their fidelity in reporting the proceedings of the Senate during the session."
Mr. I.Jements of the 44th district, offered the following resolution, which was taken up, read and unanimously agreed to, to-wit:
''Resolved, That the thanks of the Senate are hereby tendered Messrs. A. J. Cameron, Messenger; L. J. Allred, Doorkeeper ; and J. Speer, Gallerr Keeper of the Senate, for the faithful performance of their respective duties during the present session."
The Journals were read by order of the President. The hour of eleven o'clock having arrived, and the matter on the Secretary's desk having been .disposed of, Mr. Holcombe moved that the Benate adjourn until 10 o'clock a. m., on the first Wednesday in July, 1879, in accordance with the joint resolution of the General Assembly, and the President declared the Senate to be so adjourned,

'

INDEX TO SENATE jOURNAL

INDEX.

A
ADVERTISING-OFFICIALTo regulate......................................................2U
ALFRED, L. J.-DooRKEEPERElection of...................................................67

B
BARTLETT, Hon. Geo. T.-
Qualified Senators.............................................................4 IS

BETTINGDeclared criminal and punishment tlefined....................224.

BONDS-
To authorize Treasurer of State to pay certain bonds of State
held by i::lcott, of New York ..........................................20S
To protect the State in endorsement of railroad bonds..... 224 233

BOWER, Hon. E. C.-9TH DrsTRIOT......................3 4 9 41 53 54 57 63

70 74 96149199

161 233 294 297

BOYD, Hou. M. G-32o DrsTRIOT ......................3 5 34 42 43 48 67153

155 165 167 189 208

204 206 211 235 252

279 311

BRYAN, Hon George-34TH DISTRICT................3 5 8 9 57 61 74 83 97

155 207 208 210 239

c

276 821

CABANISS, Bon. T. B.-22o DrsTRICT.............3 4 7 33 35 54 58 60 61 68 70 72 73 75 85 86 96 122 144147 156 161 162 165 169 170 180 188 199 201 207 228 226 229 230 285 286 241 251 255 258 260 262 269 271 276 298 301 304 308 311 315
CABANISS, H. H.-AsSISTANT SECRETARY-
Qualified ............................................................................e

INDEX TO SENATE JOURNAL.

CA.NDLER, Hon. A.. D.-33D DrsTRIOT..............3 56 9 48 56 81 82 147 183 275 277
CA.NDLER, W. E.Examined as Enrolling Clerk ...........................................171

CA.SEY, Hon. H. R.-29TH DrsTRICT......................3 5 34 36 54 176

CHRISTY, J. R.-

277 293

Examinedas Enrulling Clerk ..............................................171

CLA.RKE, Hon. John T.-llTH DrsTRIOT...............3 4 9 43 49 57 63 67 72 73 75 151 162 181 195 230 334 271 305 318 321
CLEMENTS, Hon. J. C.-15TH DrsTRIOT.......................3 4 97153

CLEMENTS, Hon. J. C.-44TH DrsTRICT ..............3 5 35 40 53 54 75 85 97 122 155 162 163 194 202 224 229 268 270 301 323
CLIFTON, Hon. John H.-2D DrsTmcT.............................3 4

CODE-A.:~~:ENDMENTs, ETc.To amend section 1676 ot the Code .......................................37 To amend section 244 of the Code ............................. .43 145189 To amend section 274 of the Code .............................. .44 97 189 To amend section 3972 of the Code ............................44145 193 To amend section 2967 of the Code....................................44 98 To repeal section 1677 of the Code................... _... .49 88 183 184. To amtnd section 1779 of the Code................................ .49 174 To amend section 3854 of the Colle ................... .49 145 176 178 To amend section 1832 of the Code........................... .49 185 195 To repeal section 1954 of the Code.......................50 184 195 296 To amend section 4560 of the Code ......................................57 To amend the penal Code as to slander... . .. ........ 57 184 198 199 To amend s~ction 2558 of the Code ...........................57 185 200 To amend section 610 of the Code ................................. 57 156 To amend section 3293 of the Code................................63 185 To amend section 3962 of tile Code .....................63 156 168 185 To restore in the Code the true name of the writ by which Supreme Court judgments are remitted to the court bdow ...................................................................... 63186 To amend section 46:JG of the Code..................................63 156 To amend section 4570 of the Code (and carry into effect paragraph 1, section 5, article 2 of the Constitution). 75 184 194 To amend sections 3389 autl 3390 of the Code ...................75 185 To amend section 3365 of the Code ..................................75171 To amend section 267 of the Code .............................83 184 To amend section 4531 of the Code........................161 234

'INDEX TO SENATE jOURNAL.

327

To amend section 3694 of the Code......................................161 To 1epeal sections 1305 and 1309 of the Code...........162 To rPpeal section 3095 of the Code.....................................182 To amend section 4814 of the Code.....................................183 To amend section 898 of the Code .................................209 252 To amend Code from section 742 to 751........................209 252
COMMITTEESTo inform Hou. R. E. Lester of his elention as President . 6 To revise the Hules and designate the Standing Committees...... 8 To inform Governor of the organization of General Assembly... 9 To confer with resident ministers as to service as Chaplain....... 9 On Bill as to introduction of Local Bills ...............................34 On recluetion of J uclicial Circuits..........................................36 On early adjournment ....................................................... .43 On capitol question-conferenee with Atlanta anthorities........ .43 On the Judiciary.................................................................51 On Corporations..................................................................51 On Local and Special Bills...................................................51 On Finance ........................................................................51 On Internal ImprovemPnts ..................................................51 On State of t!Je Republic ......................................................51 On ELlur.ati.m ...................................................................51 On Banks..........................................................................51 On Enrollment.................................................................. 51 On Privilt-ges and Ell'ctions................................................51 On Petitio!JS ......................................................................51 On Lnnatic Asylum .............................................................51 Un Penitl'ntiary ................................................................51 On Public Buildi!Jgs... :.......................................................52 Ou Gological Bureau ........................................ ;................li2 On .\lilitary ......................................................................52 On Printing........................................................................52 On Deaf and Dumb Asylum ............................................... 52 On Institution for t!Je Blind ................................................ 52 On Agriculture..................................................................52 On Auditing ....................................................................52 On Engro~sing ....................................................................52 On State Library.............................................................. 52 On Journals......................................................................52 On Huilroa,ls......................................................................52 On what officers to he elected ................................................65 On Equalization of Judicial Labors................................154155
CO:\L\10~ CAHRIEHS:::iales by .............................................................43 88146 279
CONSTITGTIO~-
To carry iuto effect article 9 of Constitution 38 186 205 210 218 214.

INDEX To SENATE JouRNAL.
To enforce paragraph 1. section 9, article 7 of Constitution 38 176 279
To carry into effect paragraph 2, section 18, article 6 ..........38 98 To enforce paragraph 6, section 2, article 1......39 185 194 219 225
228 229 230 231 To enforce article 1, section 1, paragraph 1, as to artificial limbs
39 88187 To enforce paragraph 2 of section 7, of Constitution ........ 39 145 To enforce section 18, p>~ragraph 2, of Co nstitution, and amend
section 3907 of the Code..........................................39 98 174 To enforce article 2, ~ection 5, of the Constitution .......... 43 88 188 To enforce paragraph 1, Eection 17, article 6 of the Constitution
44 186 182 200 203 204 206 To enforce the Constitution as to juries and jurors...............49 98 To enforce the Constitution as to changes of county lines.. .49 217 To enforce parapraph 5. section 4, article 6 of the Constitution.49 To enforce paragraph 1, section 17, article 6of theConstitution.58 To exempt property under paragraph 2, section 2, article 7
of the Constitution.....................................................63 186 Certain exemptions......217
To enforce paragraph 18, section 7, article 3 of the Constitution 63 185 218 279 300
To enforce section 4, article 8 of the Constitution ................... 64 To enforce paragraph 1, section 8, articleS of the Cunstitution.208 To amend the Constitution as to electh,n of Judges ............224
CONVICTS-STATE-
Classification of........................................................83 18()
COUNTY COMMISSIONERS-
To create a Board of Commissioners for Emanuel county...63 171 To extend the provisions of an Act of Dec. 1a, 1871, in rela-
tion to Commissioners, to all the counties of the State.........209
COURTS-INFERIORFor each county.........................................................96 234
COURTS-JusTIOETo provide for appeals in....................................... 39 145 175 Foreclosure of certain mortgages by, etc.............44 88 189 240
COURTS-SuPERIORTo authorize appeals from verdicts and confessions in Superior Courts............................................................39 70 123 172 To provide for appointment of Judges pro hac vice . .... 39 58 90122 148 149 150 151152153 240 To provide for trial by special juries in 8uperior Courts......75 182 To change the times of holding Superior Courts in Bruns wick Circuit.............................................146 18ti

INDEX To SENATE JouRNAL
To enlarge the powers c,f and regulate proceedings in Supe rior Courts...................................................................liS!
To change the time of holding Superior Court for Gordon county................................................................... 161 238
To ehange the time of holding Superior Courts for Harralson and Floyd counties....................................................161 233
To change the tilue of llolcling Superior Courls in Rome Circuit.181 To require prepayment of portion of costs in Superior Cowts.209
COURTS-SUPRKMETo prohibit Clerk of from practicing therein........................88 61
CUMMING, Hc.n. Joseph B.-18m DrsTRICT.................. 3 4 56 9 34 36 43 47 50 57 58 73 79 80 86 87 91 122 151 153 154 155 161 165 167169 170 176 178 183194 202
213 214 220 262 267 268 269 273 312 317
D
DENTISTSRegistration of...............................................................39 56
DRAKE, Hon. C. J.-25TH DrsTRIOT...................................3 4 96122
DuBOSE, Hon. Charles W.-20ru DrsTRICT......3 4 37 46 52 53 54 67 83 147 163 176 178 189 205 211 225 230 231 237 270 308
DUNCAN, Hon. F. M.-- 36TH DrsTRIOT...3 5 10 42 57 62 69 161169 323
E
EDUCATION-ComiTY BoARDS OFUompensation prescribed................................................4ll 98
ELECTIONSOf Hon. R. E, Lester, President of the Senate.........................5 Of Wm. A. Harris, Esq., Secretary of the Senate .....................6 Of L. J. Alfred, Esq., Doorkeeper of the Senate...................... 6 Of A. J. Cameron, Esq., Mes~enger of the Senate................... 7 Of Hon. E. P. Howell, President pro tem ............... :...............7 To prPvent illegal voting in this State.........................75185 198 Election of Hon Jo!m B. Gordon, U.S. Senator..................87 94 Election of Judges........................................................84 138 OfJion. Claiborne Snead, Augusta Circuit.. .... ..................99 101

330

INDEx TO SENATE JouRNAL

Of Hon. John L. Harris, Brunswiek Circuit...................101103 Of H n. Alexander :IL SpePr, Flint Circuit ..................... 103 105 Of Hon. Thomas J. Simmons, Macon Circuit ................ 10.1 107 Of Hon. Herschel V. Johnson, Middle Circuit.........107 109 Ot Hon. Thmas G. Lawson, Ocmulgee Circuit.. ..............110 112 Of Hon. Arthur Hood, Pataula Circuit...........................112 114 Of Hon. John W. H. Underwood, Home Circuit ............ 114 116 Of Hon. Augustin H. Hansell, Southern Circuit............116118. Of Hon. Alexander R. Erwin, Western Circuit. .................118120 Of Hon. George Hillyer, Atlanta Circuit......................... 124 126 Of Hon. Charles F. Crisp. Southwestern Circuit. ..............12G 127 Of Hon. William L. Grice, :llai' n Circuit.. .................... 127 129 Of Hon. Arthur Hood, Pataula Circuit. .........................129 131 Of Hon Alexander M. Speer, Flint Circuit.. ................... 131 1:!3 Election nf Solicitors-General.. .......................................... .133 Of R. C. Whitfield, Esq.. Ocmnlgee Circuit ....................133 138 Of Thomag Eason, Esq., Oconee Circuit ........................ 138 139 Recapitulation of Election of .JU!lges and Sulicitors ....140 141142
EXECUTIVE OFFICEVacancies in-how filled ............................................... .44 92
EXEMPTIOSSTo exempt certain gnards of convicts from jury duty............209 To exempt, maimed Confederate soldiers from taxation. 63 186 218
F
FAIN, Hon. J. C.-43D DISTRIOT.....................3 5 37 45 46 64 146 149 153 161 189 224 231 239 251 271 293 298 298 312
FERTILIZERSInspecti~n of........................................................162 217 222 Analysis of................................................................ 225 252
FINES AND FORFEITURESPayment of into county treasnries, regnlated.............54, 185 197
FillE ARl\18Ca.reless use of prohibited................ ............................83 217
FISCAL YEARFixed........................................................... 50 65 86 279 300
FOLKS, Hon. W. B.-5TH DisTRICT..................~ 4 46 49 50 62 67156 162 169 183 224
G
GRANTLAND, Hon. Seaton, 26TH DrsTRICT..............3 4 35 80 169 196 GRIMES, Hon. Thomas W.-24TH DISTRICT ............3 4 34 77 78 79 96
166 169 170 260 262 268

INDEX ro SENATE JoURNAL.

.r.... ,.
331"

H
HAMILTON, Hon.John Jo-14TH DISTRICT...................3 4 42 83 122
HAMILTON, Hon. A. ~.-21sT DISTRIOT .............3 4 50 63147 289 259
HARRISON, Hun. William.-12m DISTRICT........... 3 4 7 34 58 66 72 75 80 122 148 149 171 172 205 250
HARRIS, Hon. Wm. A.-SECRETARY-
Organization of Senate....................................................3 5 6
HAWKINS, Hon Samuel-42n DISTRICT .......3 5 34 122 145181 312 318
HEAD, Hon. W. J.-38TH DISTR!CT.................................. 3 5 161162
HODGES, Hon. Frederick B.-31sT DISTRICT......3 58 34 35 37 47 53 54 56 63 64 67 69 91 148 150 152 153 155169 210 215 217219 223 229 260 295 321
HOLCOMBE, Hon. A. W.-39TH DISTRICT............3 5 34 36 42 4.'i 47 48 72 93 155 203 210 219 221 222 223 230 231 242 258 . 263 267 296 323
HOLTON, Hon. G. J.-3n DrsTRICT..................3 4 43 45 59 82 83.87 97 146155 161162 183 240 242
HOUSE BILLSTo grant certain privileges to purchasers of railroads...178 186 199 To fix the bond of Treasurer ot Lunatic Asylum .......187 233 306 To provide for probate of foreign wills, etc .......... 187 252 294 295 To regulate recovery where recoupment is pleaded... o.187 232 296 To authorize foreign corporations to be sued in this State ...... 215 To provide for redemption .,f land sold under tax fio fas ...215 222 305 To amend section 4692 of the Code......................... 216 240 2~2 To provide for appointment of judges pro hac 'Dice....... .........216 . To amend section 2971 of the Code ..........................216 240 306 To authorize compromise of bonded debts of cities and towns, etc...................................................... o............216 232 236 To authorize issue of bonds of State to redeem bonds...216 235 282 293 Tl amend the public school law.....................................216 232 General appropriation bill for 1879 and 188(1.........232 235 255 2fi6 258 259 267 268 269 270 301 302316 General tax:act for support of govcmment for 1879 and 180..:237 252 374 277 278 To limit the: fees of coroner~....................................237 252 294

INDEX TO SENATE JOURNAL.
To authorize cities and towns to control lanes, alleys, etc...263 280
304 To fix the terms of Superior Courts for certain counties ....263 280
303 316 To prescribe the manner of changin~ county lines ...... 263 281 294 To change beginning of terms of Supreme Court ... 263 280 308 To prevent obstructions to free passage of :fi:Jh in rivers, etc- ..263
295 311 321 To amend section 4379 of the Cnde ...........................263 281 310 To amend section 4411 of the Code.................................... 21>4 To repeal sections 4387 and 4388 of the Code........................ 264 To define liability of railroads for debtruction of stock, etc...264
281 299 To amend section 4045 of the Code ...........................264 280 311 To amend section 2573 of the Code ...............................264 281 To provide for appeals from Justice to Superior Court~ ....264 280
311 To prevent sale or furnishing liquor on election days, etc .. 264 280
311 To repeal section 4323 of the Code..........................264 280 309 To amend section 4528 of the Code...........................265 281 305 To require certain transferees of tax executions to have same
recorded............................................................. 265 280 310 To protect commercial fertilizers .................................... 265 281 To authorize the writ of certiorari in cases tried inJustice~
Courts................................................................... 265 280 To authorize alternative sentences in Police Courts ................265 To amend section 3845 of the Code ....................................265 To require bailiffs to sell on regular court days, etc................265 To carry into effect sentences in certain criminal cases ..........265 To change the charter of the State University and add four
Trustees............................................................ 265 281 311 To carry into effect paragraph 2, section 18, art. 6 of thtJ Con-
stitution, as to jurors.........................................265 281 304 To enforce paragraph 2, section 2, art. 7 of the Consti-
tution.............................................................266 280 309 To prescribe the manner of fixing pay of jurors and bailiffs... 266
280 To regulate the manner of giving in wild lands for taxes...266 280
311
HOWELL, Ron. E. P.-35TH DISTRIOT-PRESIDENT protem-
3579436773828384 122145171173 222 223 242

INDEX TO SENATE Jou:rtNAL.

333

HUDSON, Bon. John !I.-18TH DISTRIOT... S 4 9 10 38 45 50 54 60 64 68 155 162 168 208 211 214 222 223 226 289 259 260 275 277 819
I
INTERESTHate of.......................................................85 40 65 67 69 90
J
JONES, Rev. JohnOpeneu Senate with prayrr..................................................S
JUDGES AND SOLICITORS OF COUNTY COURT::!~ees of prescribed ................................................. .48 145 198
JURORSTo regulale striking of in civil cases and misdemeanors...SB 65 91 To presCiibe mode of comptnsating................................63 186
JUSTICES OF THE PEACEForeclosure of chattel mortgages by.....................................44
L
LAND SCRIPT FUNDDistribution of....................................................... 211 284 287
LAWSDistribution of to the people....................................49185 195
LESTER, Hon. Rufus E.-1sT DISTRIOT-PRESIDENT.....................S 4 Elected President of Senate.............., ....................................5 Addressed Senate................................................................ 6 207 224
LIQUORS-TAXES ON SALE OF AND PROHffiiTION OF SALESTo prescriLe license fees for sale ,,f liquor in this ::itate. etc...58 70
LOBBYINGDefinition of and penalty for................................................63
LOCAL BILLSIntroduction of regulated .............................. 35 40 42 90:148 144
LUMPKIN, Hon. ::lamuel-30TH DISTRICT............ 8 58 9 11 38 41 48 49 68 73 83 85 91 122 148 149166 183 236 238 313
M
McDANIEL, Bon. Henry D.-27TH DisTRICT... S 5 3843 49 50 56 57 60 62 68 70 88 91 96 148 144 147 150 152 156 168 170171174184 188 195 201 205 213 221 230 236 251 267 271 299 803 316

334

lNoEx TO SEXATE JouRNAL.

McLEOD, Ron. Neili-16TH DrsTRICT ...3 4 58 63 70144 209 275276 808
MEMORIALS-Of Medical Asi1ociation of Georgia..................................122 Of Medical Association of Augusta..................................... 178
MESSAGES-EXECUTIVE.........................12 31 60 84 85 95 122 143 151 52 l!J2 205 219 230 283 320
MESSAGES FROM HOUSE...................... 8 9 10 37 38 44 4,5 48 55 56 64 71 89 92 !J3 !J5 !J6 97 121 HiO 170 172 177 179 192 202 204 20!J 211 212 226 23(1 249 2.i4 256 257 261 262 265 272 277 297 302
306 308 314 316 319 322 323
0
ORDINARIES AND CLERKS SUPERIOR COCRTSTo rt>q1ire Ordinaries to let public printing of counties to lowest bidder ..........................................................................162 To fix the fees of Ordinaries and Surveyors by applicants for homesteads, etc.........................................................271

p

P ART111'"ERSHIPSLimited partnerships, authorized, etc ...............................224

PERRY, Hon. H. H.-17TH DrsTmcT................3 4 46 56 67 171172

178 182 222 223

POISONING-

228 253 277

Definition of, and penalty for, as a crimc...........................74185

PRESTON, Hon. Joseph W.-28TH DrsTRICT.........3 5 33 34 39 4143 54 62 64 69 74 83 88 123 154161 162 172178 209 217 227 237 239 270 313 314
PRACTICEAs to recording certain judgments .............................43 88 188 To facilitate trials, etc ........................................44 144 174 178 Certified copy letters testamentary evidence..................... 37 185 Reception of pauper affidavits.................................. 57 186197 Pauper oath in cases carried to Supreme Court.. ...................83 Replevying property distrained ...................................... 224 Continuances and interrogatories, etc.................................. 272 Claims .........................................43 97 146 147 151154 To expedite business in the Courts, etc-......................44 89

Fort>closure of landlord liens ............................................57 93 Assignees of debtors-security of..............................58185 200

INDEX TO SENATE JouRNAL

335

Garnishment Laws-amended .....................................83 88175 JudgmPnt at first term-Superior and County Courts....... 96 234 Witness-how discharged in certain case~........................ 96 233 Husband and wife-when incompetent witnesses...............96 182 Juugment note-ddinition of, etc........................................161

R.
RAILROADSTo provifle for sale of................................................89 65 86 Lease of Macon and Brunswick Railroad ...............................75
RECOXSIDER.\TI1 >NOf Hcwlution allowing Stenographer toN. E. R. R. Bond Committee............................................................................ .41 Of Bill rl'guhting introduction of local bills............... .4G 52 53 54 Of Honse Hesolution creating a committee to investigate sale of '.Yilt! Land ................................................................. 67 Of report of Judiciary Commit tee on !Jill to restrict :nterest. 69 70 Of Bill toamencl the Claim Law ............................145 151 154 Of Bill to provide for appointment of J11dgcs pro hao vice .. 151152 Of Bill to fix and reduce the fees of Tax Rccdvers and Collectors...................................................................167 109 Of Bill to amend section 39G2 of Code........................ 168 169 Of Bill to provide for appeals from verdicts and confessions.............................................................................178 Of Bill to amencl section 1954 of the Code............................ 201 Of Bill to amend the Code so as to make slander a crime .......202 Of Resolution relative to location of capitol. .......................... 242 Of House Hesolution as to sale of property in Penitentiary. 273 298 Of House Bill fixing liabilities of Railroatls for killing stock ... 299
RELIEFOf John Wilcox and William Ryals...............................161 182
REPORTSOf Committee on Rul-!s..................................................1112 Of Committee on reduction of Judicial Circuits....... 36 44 47 50 58 59 60 Of Special Committee on Introduction of Local Bills........ 40 173 Of the Judiciary Committee...................56 60 68 70 89 90 96 143 156 170 201 236 271 299 Of Committee on the Deaf and Dumb Asylum ......59 15G 157 158 159160 Of Committee on Finance................ 60 67 70 180 201 218 238 285 251 271 Of Committee on endorsement of N. E. R. R. Bonds......62 88 184 251 277 Majority report.................................................... 282 to 286

INDEX TO SENATE JOURNAL.
Minority report ................................................... 286 to 293 Of Committee:on:Enrollment........................62 171 270 299 306 Of Committee on what officers to be elected-majority,
minority, supplemental and substitute............65 68 75 76 77 78 79 80 81 82 84
Of Committee on Education ..........................................68 214 Of Committee on Early Adjournment.. ................................70 Of Committee on Rules for Joint Sessions..............................91 Of Committee on C>rporatiuns ..........................162 195 251 300 Of Committeeon:A.;ylum f<>l' tile Blind ..................163164 165 Of Committee on Railroads ...............................................183 Of Committee on Agriculture ........................................203 251 OfCommittee_on State of the RPpnblic ...............................202 Of Speciai.Committee on Eq,Ja!izatHm of Judidal Labors ......215 Of Joint.Committee to confer with City Authorities of At-
lanta iu relation to the capitol. .........................................226 Of Special Committee on ~lacon and_Brunswick R. R ..........231 Of Committee on the Penitentiary......................242 249 270 277 Of Committee on the Military ............................................277
RESOLUTIONS-OF SE:-iATE.Adopting rules and ,instructing S?cretary nf State to furnish copies of rules of Senate to Standing Committees..................8 That Secretary inform House of Senate's <Jrganization...............8 That State LibrarianJurnisil copies of Constitutiou ..................8 Providing'a committee to revise the rules, etc .........................8 Authorizing Doo:-keeper to 'appoint an assistant ........................8 Proviciing a joint committee to inform the Governor of orgmization of General Assembly ..........................................9 Providing a committee to confer with resident ministers as to gratuitous eervices as chaplains ...........................................7 Fixing hours of daily meetings and adjournments ...................10 As to what officers~are to be elected (joint) ...........................33. Referring and printing Executive message.............................33 Providing a special joint committee on endorsement of N. E. R. H. bonds.............................................................33 Authorizing the Committee on N. E. R. R. bouus to compel atte11danee of witnesses, etc.......... .. ................................34 Providing special committee f)ll reduction of judicial circuits...34 Requesting N. E. R. R. Houd Committee to report evidence on which their conclusions are based ..................................36 A<lthorizlng C"mmittee ou N. E. R. R. B:mds to employ a stenographer ........................................................36 41 56 Relative to lease or sale of i\Iaeon and Brunswick Railroad ......37 Providing eommittee on the question of an early adjournment.41

INDEX To SENATE JouRNAL.

337

Provitling a rommittee to inqnirP a~ to the time when the city of Atlanta can conveniently comply with her proposition as to the capitol.. ................................................... .41
Proposing an adjournment within thirty days.................42
Requesting Sen'lte Committee on reduction of Judicial Circuits to confer with similar committee of House, etc............42
Authorizing Hinton P. Wright to publish the laws..................43
Directing Librarian to furnish members laws and journals. 50 123
Authorizingempl9yment of chaplain ...................................50 Appointing keeper of water closets.......................................55 Tendering seats to members of Congresa.............................66 Authorizing destruction of certain useless papers in office of
Secretary of State........................................................64 89 Tendering a seat to Hon. Robert Toombs..............................64 Tendering seats t<J regular reporters.......................................68 To elPct certain Judgs...................................................72 96 To require entries on tile journal of notice to move a recon-
sideration .......................................................................73 That Pre idtnt appoint a Commttec on Rules for j'Yint ses-
sion to act with Committee of the House........................... 73 Rdating to election of certain Solicitor-Generals.....................74 Requesting Senators and Representatives in Congress to effect
tile repeal of Hesumption act, etc................................74 207 Tendering a seat to Sir George Campbell, of British Parlia-
n:ent..............................................................................80 To add Mr. Hamilton, of the 14th district, to Committee
on Institution for tile Blind ..........................................83 Instructing Committee on Printing to draft bill for letting
the public printing to lowest bidder...................................85 Allowing H. G. Griffin to sue tbe State .... .... . .....................85 To t>xtend the session of the day...........................................97 To add Hon. G..T. Holton to Committee on M. & B. R. R .......97 To consolidate the Committees of Senate and House on the
Penitentiary...................................................................145 To add Hon. I. P. Tiwn to Committee on Ptnitt:ntiary ..........146 Gi\'ing priority to certain subject matter of legL;lation ............158 Providing a Joint Committee on Equalization of Work of
J u d g e s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158 Relating to reduction of postage on certain mail matttr ..........162 Authorizing Committee un Journals to deliver same to Pubiic
Printer....................................................................... 1~2 Authorizing Committee on Endorsement of N. E. R. R. bonds
to have their report andevidence printed..................... 162168 Relating to adjournment....................................................168 Asking return of bill from House........................................171

lNoEx To SENATE JouRNAL.
Memorializing Cougress iu regard to a certain railroad.171l83 253 Directing Committee on Printing to prepare a bill to expedite
the public printing .......................................................179 Addin1, .1\'Ir. Bryan to Committee on Finance ....................182 Adding Mr. Hudson to Committee on Railroads.....................183 Relating to distribution of money accruing from.sale:> of pub-
lic lands to the purposes of education ..........................191192 Relating to a recebs................................................194 212 213 Tenderin!?; a seat to Hou. Ja9. W. Cureton .......................207 To add Mr. Clifton to Committee on Penitentiary ..................208 'I ending a scat to Hun. Geo. N. Lestcr.................................219 Providing a joint committee tu visit and report upon the
Norrh Geor;;ia Agricultural College ..................235 236 252 258 Relating to the ~election of the grounds for a permanent
Capitol............ ................................................237 238 239 Tendering a seat to Hou. T. M. Norwood............................ 251 Relating to hom" of daily meeting and adjonrnme~ts ............267 To rem<,ve the sign "Kimball Opera House'' from Capitol.. .....273 Relative to cba:1ges in present penitentiary system ................273 Limitation of B>t,eche.: ......................................................301 To atld Hun. 8amuel Hawkins to Committee on Macon & B.
R. H ........................................................................312 Relaive to Committee on Eurollment.................................312 Relating to r<'port of Cummi ttee on Endorsement of N. E. H.
R. bonds........................................................... ;..........313 Conrlemnin~ the policy of the General Government in aiding
prin1te c:Eierpriscs with pulllic money.............................. 303 To prolong the present session .......................................... 311 Exoner~ting the Governor from all censure in cmlorsement uf
N. E. H. R. bonds .........................................................317 To prolong the 5ession after the recess to snbscrve the
public interest...... ............. ...... .. ... .. ............................ 318 Informing th" Guvcrnot t!Jat General Assemllly, had resolved
to take a rcct-ss until .Jnly, 1879........................................321 Of tballks to Hon. R E. Lt'Sler, President; Hun. E P.
Huwdl, President protem; Hou. W. A. Harris, Secretary, antl his as~istants.........................................................322 Of thanks to ministers serving as Chaplains .......................... 323 Of thanks to reporter of Constitution and Po.,t . ..................... 323 Of thanks to Hon.. A. J. Cameron, 1\lessc:nger; Hon. L. J. AlrHl, Doorkeeper, and J. Speer, Assistant.......................323
RESOLUTIONS OF HOUSP:On adjoumment to meet again in 1879....................................45 On wild Janel sales.......................................................64 65 67 Relating to the preparation of mles for joint sessions...............73

INDEX TO SENATE JouRNAL.

339

Relating to exhibitions of deaf and dumb and the blind.........98 Instructing Comptroller.General to suspend sales of wild lands,
transfers of executions against ~ame................................171 Authorizing the Governor to inquire whether any penalties
had been incurred by lessees of convicts.........................273 Ordering sales of personal property in penitentiary at ~iillcdge-
ville......................................................................273 312
Requesting the Governor to correspond with Governor of Alabama, in regard to a ceriain claim ..............................273
Authorizing C. H. Williams to publish the laws ...................273

ROADS-PuBLICTo let out work on.........................................................74 171

RUSSELL, Hon. D. A.-8TH DrsTRICT............3 4 6 34 44 47 62 81 85 91

96 151 152 154 155 171

184 187 202 2;i1 270

299 303 305 306 312

s

320

SHERIFFS-

To regulate advertising of................................... .4!) 145 175 176

SUIMONt:', Hon. W. H.-41sT DrsTmcT..............................3 5 39 170

SPEER, lion. John A.-37m DrsnrcT.........3 5 33 34 39 44 49 50 65 68 78 80 tl1 82 162 166 179 194 226 ~32 235 236 239 260 272 293 296

STATEN, Hon. J. W.-6TH DrsTRICT........................3 4 46 59 155 294

STEPHENS, Hon. John A.-19m DrsTIRIOT......3 4 8 35 59 145 169 173

T
TAXE"\, TAX OFFICERS, ETC.To reduce and regulate fees of receivers and eollectors......39 65 86 122 155 165 166 167 169 19:) 311 To repeal Rn act to levy a tax for supp<>rt. of government..50 65 86 To regulate tax returns on debts for pmchase of real estate.. 57 186 218 To make penal the failure of tax receivers to require proper oat!Js of certain tax payers, etc........................................57 To prescribe the manner of allc.wing insolvent tax lists......58 !)3 To provide for the l'qnal taxation of the citizP.ns...............64 217 To regulate the manner of returning wild lands for taxation ..................................................a........... .45 65 188 2!0
To regulate tax fl. fas. (by Cc.mptroller.General), for wild
land taxes................................................................. 75 252 To regulate tax receivers as to re~urn& by agents .............161185

340

INDEX TO SENATE JouRNAL

To provide fnrcollection and return of all special taxes.....190 217 To create the office of tax receiver in each county, and repeal
all local laws in confiict.............................................202 217 To compensate tax receivers for returning defaulters, etc .......224
TENANTB-Couotrr affidavits of.....................................38 65 91 279
TISON, Hon. John M.-4TH DrsTRICT...........................3 4 37 46 59 97
TISON, Hon.J. P.-10TH DISTRIOT ......3 4 3! 83 97 146 209 224 259 315 TROUTMAN, Hon. John F.-23o DISTRIOT ......3 4 34 36 56 162 224 251
TURNER, Hon. J. P.-7TH DISTRIOT....... 3 4 42 46 145 207 242 270 277 318
u
UNIVERSITYBranches of authorized.....................................181 215 220 221
w
WELLBORN, Hon. C. J.-40TH DISTRIOT.........3 56 8 35 44 64 67 73 80 144 148 172 203 207 209 321