Journal of the Senate of the State of Georgia, at the adjourned session of the General Assembly, commenced at Atlanta, Ga., July 2, 1879

JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA,
AT THE
ADJOURNED SESSION OF THE GENERAL ASSEMBLY,
COMMENCED AT
ATLANTA, GA., July 2, 1879.
ATLANTA, GA. JAS. P. HARRISON, STA1'E PRINTER.
18-79.

JOURNAL.

SENATE CHAMBER,

}

Wednesday, July 2, 10, o'clock a. m., 1879

The Senate met pursuant to adjournment, as provided

by the joint resolution of the General Assembly declaring

a recess until this day at 10 o'clock a. m., and was called

to order by the President:

Prayer was offered by Rev. D. E. Butler, D. D.

)n the call of the roll the following Senators answered

their names:

\1:. iyd,
B .Jwer,
"&ryan,
~ahaniss,
andler, fasey,
:lements of the 15th, )lements of the 44th, Jlifton,
Cumming, Drake, DuBoFe, . Duncan, Fain,

Folks, Grimes, Hamilton of the 14th, Hamilton of the 21st, Harrison, Hawkins,
Head, Hoclgers, Holcombe,
Holton, Howell, Hudson, Lumpkin, McDaniel,

McLeod, Perry, Preston, Russell, Simmons, Staten, Stephens, Tis n of the 4th, Tison of the lOth, Troutman, Turner, Wellborn,
MR. PRESIDENT.

Mr. Cabaniss offered . the following joint resolution,

which was taken up. read and agreed to, to-wit:

" Resolved, That a committee, consisting of two, on the

part of the Senate, and three from the House of Repre-

sentatives, be appointed to wait upon His Excellency, the

Governor, and notify him that the General Assembly has

met pursuant to adjournment, and is no\v ready to receive

any communication that he may wish to make."

The President appointed as the committee on the part

of the Senate, under the foregoing joint resolution,

Messrs. Cabaniss and Boyd.

4

jOURNAL OF THE SENATE

The joint resolution expressive of opposition to the policy of the General Government in affording aid to pri-

vate corporations and private enterprises, was taken up, in its order and read. On motion of Mr. Russell the same

was referred to the Committee on the State of the Re-

public. The Senate took up, in regular order, as the Report of
the Committee of the whole, a bill ''Prescribing the man-

ner by which county lines may be changed."

The same having been referred to the Committee on the

Judiciary, was reported back to the Senate with the recom-

mendation that it do pass by a substitute of the following

title, to-wit: ''A bill to carry into effect section I, parapraph 3 of article 1 I of the Constitution, prescrib. ing the manner of changing county lines."

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, as amended, the yeas and nays were recorded. Those who voted in the affirmative are, to-wit-Messrs.

Boyd, Bower, Bryan, Cabaniss, Candler, Casey. Clements of the 15th, Clements of the 44th, Clifton, Cumming, Drake, DuBose, Dancan, Fain,

Folks, Grimes, Hamilton of the 14th, Hamilton of the 21st, Harrison, Hawkins, Head Houges, Holton, Howell, Hudson, Lumpkin, McDaniel, McLeod,

Perry, Preston, Russell, Simmons, Staten, i:ltephens, Ttwn of tue 4th, Ti,on of the lOth, Troutman,, Turner,
Wellborn, ~JR. PRESIDENT.

Those who voted in the negative are, to wit-l\1r. Hol-

combe.

Ayes, 39 Nays, I. The bill having received a constitutional majority, was passed, as amended. The following message was received_from the House of

Representatives, through Mr. Goetchius, the Clerk thereof:

}ULY 2, 1879

5

.Mr. Pteszdent:
The House of Representati\'es has concurred in the following resolution of the Senate, to wit:
A resolution, "Appointing a committee of two on the part of the Senate, anq three from the House of Representatives, to wait upon His Excellency the Governor and notify him that the General Assembly has met pursuant to adjournment, and is now ready to receive any communication that he may wish to make, and has appointed as such committee on the part of the House, Messrs. McWhorter, Smith of Walton and Zellner.
Mr. Cabaniss, from the Joint Committee appointed to wait upon His Excellency the Governor and inform him that the General Assembly, having recovened in pursuance of adjournment, was ready to receive any communication he might desir~ to make, reported the performance of this duty, and that the Governor had at present no formal communication to submit, though he would, probably, during the session, desire to make communications on speci'ic subjects.
The Senate took up, as the report of the Committee of the Whole, the bill "To amend section 3293 of the Code, concerning attachments for purchase money."
The same having been referred to the Committee on the Judiciary, was reported back to the Senate with the recommendation that it do pass with the f,)llowing amendment, to wit: By adding to the first section the following words: "And judgments on such attachments shall take rank from the date of the levy of the attachment."
The amendment was adopted. The report as amended was agreed to.
The bill was read the third time and passed as amended by a constitutional majority, there being ayes, 3 1; nays, o.
The Senate took up, as the report of the Committee of the Whole, the bill "To amend section 3962 of the Code,

6

JouRNAL oF THE SENATE

as to the county in which mortgages on realty shall be foreclosed." The same was a reconsidered bill.
The report wa~ agreed to. The bill was read the third time and passed by a constitutional majority, there being ayes, 36; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill "To restore in the Code the true name of the writer whereby the judgment of the Supreme Court is remitted to the court below." The report was agreed to. The bill was read the third time and passed by a constitutional majority, there being ayes, 32 ; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill "To exempt from taxation such property and persons as paragraph I I of section 1 r of article
7 of the Constitution authorizes to be so exempted."
The same was referred to the Finance Committee, who recommended that it pass with an amendment, as follows, to-wit: ''Add after the word 'gain,' in the third line from the end of said section, the words 'shall be exempt from taxation.' "
The amendment was adopted. The report as amended was agreed to. The bill was read the third time and passed, as amended, by a constitutional vote, there being ayes, 32; nays, o. The Senate took up as the report of the Committee of the Whole, the bill ''To prescribe the manner of fixing the compensation of jurors in all the counties of the State." The Judiciary Committee, to whom the same was referred, recommended that it pass with the following amendments, to-wit: '' Strike out in first section the words 'by a majority vote and a.' " Add, at close of first section, the following : '' Provided, that jurors at the first term of the courts, after the passage of this act, shall be paid under existing laws." Add the following as the second section : '' At each

JuLY 2, 1879.

7

term of the Superior Court it shall be the duty of the Judge to give this law in charge to the grand jury."
The amendments were adopted.
The report as amended was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 32; nays, o.
The Senate took up, as the report of the Committee of the Whole, the bill ''To define the crime of poisoning and prescribe a penalty therefor."
The Judiciary Committee, to whom the same was referred, recommended that it do pass with the following amendment, to wit: Strike out proviso and insert as follows: ''Such poisoning results in death, the crime shall be murder."
The amended was adopted. The report, as amended, was agreed to.
The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 38 ; nays, o.
The Senate took up, as the report of the Committee of Whole, the bill ''To prevent the careless use of firearms, in certain cases, to provide a punishment for the same, and for other purposes."
The Judiciary Committee, to whom the same was referred, recommended that it pass with the following amendments, to-wit: Strike out of first section the words '' with or without malice," and insert in lieu thereof the words "and wantonly."
Also, strike out of first section the words ''whether such fire~rms be discharged or not.''
The report as amended was agreed to. The bill was read the third time and, on the question of its passage. as amended, the yeas and nays were required to be recorded.
Those who voted in the affirmative are, to-wit-Messrs.

8

JouRNAL oF THE SENATE

Bower,

Harrison,

Casey,

Hawkins,

Clement~, of the 15th. Head,

Drake,

H"dges,

Duncan,

Holton,

Folks,

Lumpkin,

Hamilton, of the 21st, McDaniel,

McLeod, Perry, Preston, Simmons,
:-\t~phens,
Tison, of the 4th,

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

Boyd, Bryan,
Cabani~s.
Candler, Clements, of the 44th, Clifton,
Cumming,

DuBose,

Staten,

Fain,

Tison, of the lOth,

GHarmimilets~n,

of

the

14th,

Troutman, Tumer

Holcombe,

Wellh(;I'Il,

Hudson,

Mr. President.

Bussell.

Ayes, 20. Nays, 20.

There not being a constitutional majority in favor of its passage, the same was lost.

Mr. Harrison gave notice that he should move a reconsideration of the bill on to-morrow.
The following bills were taken up, and, on motion, laid on the table, to-wit:
A bill "To amend Sections 3389 and 3390, of the Code, concerning the forms of actions."
A bill 'To provide for the further protection of the State, where its endorsement has been obtained upon railroad bonds, and enable the Governor to appoint commissioners," etc.
A bill ''To amend the Superior Court calendar of the State, so as to change the time of holding the Superior Courts in the Brunswick Circuit."
A bill ''To provide for classification of convicts in this State, and for other purposes," and
A bill ''To regulate the manner :of issuing executions by the Comptroller General against Wild Lands, for the collection of taxes, and for other purposes."
The following bills were taken up, and on motion, indefinitely postponed, to-wit:
A bill "To change the time of holding the Superior Court in Haralson and Floyd," and

9
A bill "To change the time of holding the Superior Court in Gordon County."
The following bill was taken up for a third reading, and on motion, recommitted, to-wit:
A bill "To amend section 267 of the Code of 1873, which relates to dockets of the Superior Court, and for other purposes."
The Senate took up as the report of the Committee of the Whole, a bill ' To regulate tax receivers as to receiving returns from agents."
The report was agreed to. The bill was read the third time, and, on the question of its passage. there were ayes, 22; nays, 8. There not being a constitutional majority in favor of its passage, the bill was lost.
Mr. Cabaniss gave notice that he would move a reconsideration of this bill on to-morrow.
The Senate took up as the report of the Committee of the Whole, the bill, "To create the office ofTax Receiver in each county of this State, and for other purposes."
The Judiciary Committee, to whom the same was referred, recommended that it do pass by a substitute of the following title, to-wit: 'A bill to restore the offices of Tax Receiver and Tax Collector in all counties where, by law, such offices are held by the same person, and to repeal all laws for consolidating said offices."
The substitute was adopted. The report as amended was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 23; nays, o.
The Se'1ate took up as the report of the Committee of the Whole, the bill "To provide for the return and the collection of all special taxes in this State, and for other purposes."
The Finance Committee, to whom the same was referred, recommended that it pass by substitute of the following

10

jOURNAL OF THE SENATE

title, to-wit: A bill "To provide for the return of special taxes by Collectors of this State."
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, as amended, there were ayes, 26; nays, o. So the bill was passed, as amended, by a constitutional majority.
Mr. Lumpkin offered the following joint resolution, towit:
"Resolved, By the Senate, the House of Representatives concurring, that the State Librarian be, and he is hereby instructed to furnish, at once, to each member of the General Assembly, one copy of the Journal of the proceedings of the Senate and of the House of Representatives at the present session, up to the time when a recess was taken by the General Assembly."
The same was taken up, read, and on motion of Mr. Wellborn, referred to the Committee on Public Printing.
Mr. Cumming offerred the following resolution, which was read, to wit:
"Resolved, That when the Senate adjourn Thursday, that it adjourn until 10 o'clock Monday morning, July 7th inst."
The Senate, on motion, adjourned until 10 o'clock, a. m. to-morrow.

SENATE CHAMBER, } Thursday, July 3, 1879, 10 o'clock, a. m.
The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by Rev. Dr. Gwin. On the call of the roll the following Senators answered to their names:

jt;LY 3, 1879.

II

Boyd, Bower, Bryan, Oabaniss, Casey,
Clarke, Clements of the 15th, Ulements of the 44th, Clifton, Cumming Drake,
DuBose, .Duncan, Fain,

Folks, Grantland, Grimes, Hamilton of the 14th, Hamilton of the 21st,
Harrison Hawkins, Head, Hodges, Holcombe, Holton,
Howell, Huds<m, Lumpkin,

McDaniel, McLeod, Perry, Preston, Russell, Simmons, Staten, Stephens, Tison of t~lE' 4th, Tison ol the lOth, Troutman, Turner, Wellborn,
J'liR. PRESIDENT.

The journal was read and approved.

The following message was received from the House of

Representatives through Mr. Goetchius, the Clerk thereof:

Mr. President:

The House of Hepresentatives have agreed to the follow-

ing resolution, in which they ask the concurrence of the

Senate, to wit :

A resolution ''To convene the General Assembly for the

purpose of electing certain Judges," and I am instructed

to transmit the same to the Senate forthwith.

Mr. Harrison moved a reconsideration of so much of the

journal of yesterday as relates to the refusal to pass the

bill "To prevent the careless use of fire arms in certain

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

purposes." The motion to reconsider prevailed.

On motion of Mr. Cabaniss, so much of the journal of

yesterday was reconsidered as relates to the refusal of the

Senate to pass the bill "To regulate tax receivers as tore-

ceiving returns from agents."

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

ed Mr. Speer on account of sickness, the same to take ef-

fect fr.om yesterday, inclusive.

Mr. McDaniel, Chairman of the Judiciary Committee,

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:

12

jOURNAL OF THE SENATE

By Mr. Clements, of the 44thA bill "To define and declare the different grades of the crime of murder, and to prescribe suitable penalties there for, and for other purposes." By Mr. PrestonA bill "To require the Judges of the Superior Courts of this State to report to the Judges of the Supreme Court, and the Judges of the Supreme Court to the Legislature, defects, modifications and changes in the Constitution and the Statute Laws of this State, and_ for other purposes," and, A bill "To provide for the cancellation of the record of deeds made to secure debts, mortgages and other liens required by law to be recorded in the Clerk's -()ffi.ce of the Superi0r Courts of this State, and for other purposes." Mr Cumming introduced a bill "To make certain enclosures therein defined, lawful fence, and to extend to the same existing provisions of law on the subject of lawful fence." The same was read the first time. and referred to the Committee on Agriculture. Mr. Clements, of the 44th district, offered the following resolution, which was read, to-wit: '' Resobed, That from and after Friday, the 1 Ith day of July, instant, the calling of the roll of the Senate for the introduction of new matter be dispensed with, and that thereafter no new matter shall be introduced except by vote of two-thirds of the Senators present." On motion of Mr. Holton, the joint resolution reported this day from the House of Representatives proposing that the General Assembly proceed at 12 m. to-day to elect Judges of the Superior Courts for certain circuits therein mentioned was taken up and read. On motion of Mr. Preston, the same was laid on the table. The following resolution was taken up, read and agreed to, to-wit:

'3
"Resohed, When the Senate adjourns Thursday that it adjourn until 10 o'clock Monday morning, July 7th instant."
The following bills of the Senate, which were reported upon adversely by the Judiciary Committee, were taken up for a second reading, and the adverse report thereon being agreed to, the bills were, severally, lost, to-wit :
A bill "To exempt from jury duty the guards and overseers of penitentiary convicts, employed as railroad and farm hands from road duty," and
A bill "To require prepayment of a portion of the costs in suits instituted in the Superior Courts of this State."
The bill "To change the times of holding the Courts in the Rome Circuit" was, on motion of Mr. Clements, of the 44th district, laid on the table.
The bill "To amend section 3694 of the Code of 1873' was read the second tiwe, and passed to a third reading.
Leave was granted the mover, Mr. Bower, to withdraw the 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."
The following message was received from His Excellency the Governor, through Mr. \Varren, his Secretary, to-wit: Mr. President :
I am directed by His Excellency the Governor to deliver to the Senate a communication in writing.
The Senate took up, as the report of the Committee of the Whole, the reconsidered bill ''To regulate Tax Receivers as receiving returns from agents."
Mr. Cabaniss moved to amend the same by adding after the word ''county" in the third line from the last, the worus, ''or a female," and by adding after the word "cause" in the second line from the last the words, "or prolonged ab5ence from the county."
This amendment was adopted, Mr. Preston moved to amend by adding after the word

14

JOURNAL OF THE SENATE

''correct" in the fourth line the words, 'To the best of his knowiedge and belief."
This amendment was also adopted. The report, as amended, \Vas agreed to. The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 26 ; nays, 2. On motion of Mr. Lumpkin, the reconsidered bill "To prevent the careless use of fire arms in certain cases, to provide a punishment for the same and for other purposes," was recommitted to the J u'diciary Committee. On motion of Mr. Holton, the following message of his Excellency the Governor was taken up and read :

EXECUTIVE DEPARTMENT, ATLANTA, GA., July 3, 1879.
To the General Assembly :
I have the honor to inform you that on the 20th day of
March, 1879, Hon. W. B. Fleming, of the county of Liberty, received an executive appointment as Judge ot the Superior Court of the Eastern Circuit to fill the vacancy in said office occasioned by the resignation of Hon. Henry B. Tompkins until the next (present) meeting of the General Assembly; also that on the gth day of May, 1879, the Hon. Martin L. Mershon, of the county of Glynn, received an executive appointment as Judge of the Superior Court of the Brunswick Judicial Circuit to fill the vacancy in said office caused by the death of Hon. John L. Harris, until the next (present) meeting of the General Assembly.
ALFRED H. COLQUITT.
On motion of Mr. Holton, the joint resolution reported from the House of Representatives to bring on the elec tion of judges of certain courts therein mentioned at I 2 m. this day, was taken up and concurred in. The same was ordered to be transmitted to the House of Representatives without delay.
Mr. Hodges mpved that the House of Representatives

JuLY 3. 1879.

IS

be requested to return the Senate message in regard to the foregoing joint resolution providing for the election of judges at I 2 m. this day. The motion did not prevail.

The Senate took up, as the report of the Committee of the Whole, the bill ''To amend the claim laws."

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 voting in the affirmative are, to-wit-Messrs.

Bower, Bryan, Cabaniss, Candler, Clarke, Cumming,
Hamilton of the 21st,

Head, Holton, Howell, Hudson, Lumpkin, McDaniel,
Perry,

Russell, Staten, Stephens, Tison of the lOth, Wellborn,
MR. PRESIDENT.

Those voting in the negative are, to-wit-Messrs.

Boyd,
Casey, Clements of the 15th, Clements of the 44th, Clifton,
Drake, DuBose, Duncan,

Fain, Folks,
Grantland, Grimes, Harrison, Hawkins, Hodge,

Ayes, 20. Nays, 22.

Holcombe, McLeod, Preston, Simmons,
Tison of the 4th, Troutman, Turner,

The bill not having received a constitutional majority was lost.

The bill of the House "To amend an act entitled an act to define the liability of railroad companies of this State for the injury or destruction of live stock, to regulate the mode of procedure against the same, etc., etc., approved February 20, I 854, and to increase the jurisdiction of justices of the peace in cases arising under said act," was laid on the table.
On motion of Mr. Fain, the Senate took a recess until I2 m. At this hour, being called to order by the President, the Senate proceeded in a body to the Representative Hall, in conformity to the joint resolution providing for the election of judges of certain judicial circuits therein

16

jOURNAL OF THE SENATE

named, and was received by the House of Represent? tives.
The General Assembly was called to order by the President of the Senate, who announced the purpose for which the same had convened, and instructed the Secretary to read the joiut resolution referred to, which he proceeded to do. It is as follows, to-wit:
Resolved by the House of Representatives, the Senate concurring, That the Senate and House of Representatives do meet in joint session at I 2 o'clock m. this day for the purpose of electing Judges for the Superior Courts for the following circuits, to-wit:
For the Eastern Circuit to fill the unexpired term of
Hon. H. B. Tompkins, resigned. For the Brunswick Cir-
cuit to fill the unexpired term of Hon. J. L. Harris, deceased.
The President then announced that the first business in order was the election of a Judge of the Eastern Judicial Circuit for the unexpired term of the Hon. H. B. Tompkins, resigned, and that r.ominations therefor would be received.
Mr. Russell, of Chatham, nominated for that office the Honorable William B. Fleming, of the county of Liberty.
There being no other name presented, the President instructed the Secretary to proceed with the call. This being done, the following Senators and Representatives cast their votes for the Honorable William B. Fleming, viz: Messrs. B )yd, Bower, Bryan, Cabaniss, Candler, Casey, . Clarke, Clements of the I 5th, Clements of the 44th, Clifton, Cumming, Drake, DuBose, Duncan, Fain, Folks, Grantland, Grimes, Hamilton of the qth, Hamilton of the 2 rst, Harrison, Hawkins, Head, Hodges, Holcomb, Holton, Howell, Hudson, Lumpkin, Mc.Daniel, McCleod, Perry, Preston, Russell, Simmons, Staten, Stephens, Tison of the 4th, Troutman, Turner, Wellborn and MR. PRESIDENT. These being the Senators :

JuLY 3, I879
.... Messrs. Adams, Anderson of Morgan, Anderson of
Newton, Anderson of Pulaski, Awtry, Barksdale, Barron, Bell, Bennett, Berry, Bleckley. Born, Branch, Brantley, Brintle, Buchanan, Burch, Butler, Butt, Cannon, Carr, Chambers, Chapman, Clegg, Colley, Collins, Cook, Cox of Harris, Cox of Troup, Crawford, Davis of Baker, Davis of Houston, Davison, DeLoach, Dickin, Dozier, DuBose, Duggar, Dupree, Duval, Elder, Farnell, Fitzgerald, Fletcher, Ford, Fort, Fuller, Gammage, Grant, Gray, Green of Baldwin, Green of Madison, Hall, Hammond, Hamilton, Hawks, Harrell, Harris, Harrison, Henderson, Hill, Hogan, Hollis, Howell of Lowndes, Howell of Pickens, Hulsey, Humber, Hutchins, Irvine, lvey, Janes, Johnson of Clay, Jordan of Wilkes, Kimsey, King, Kirby, Lang, Livingston, Luffman, M.1thews, Maund, McAfee McConald, McCurry, McDonald, McGourick,. McLucas, McWhorter, Miller of Houston, Miller of Liberty, Milner, . Mitchell, Mynatt, Nisbet, Northern, Oliver, Paine, Patterson, Paull, Perkins, Phillips of Carroll, Phillips of Coffee, Phinizy, Pike, Pope, Poppell, Prescott, Puckett, Rankin, Redwine, Reese, Riden, Roach, Roberts, Rogers, Roney, Russell, Shannon, Shurrrian, Sibley, Sikes, Sims, Smith of Butts, Smith ot Oglethorpe, Strickland, Strother, Taliaferro, Tate, Tatum, Thomas, Toole, Turner of Coweta;' Vick, Walters, Walton, Wehaut, Welch, Wilcox, Wilcox, Williams of Columbia, C. W. Williams, F. J. Williams, Willingham, Wilson, Wright, Yancey, Zellner and
MR. SPEAKER.
The total vote cast for the Honorable William B. Fleming was 192.
Mr. Tarver, of the House of Representatives, cast his vote for Hon. A. R. Lawton, of Chatham.
It appearing that the Honorable William B. Fleming had received a majority of all the votes cast and a majority also, of all the members of both Houses of the General Assembly, he was declared by the President to be duly
2

-{8

JouRNAL OF TH ~ENATE

elected Judge of the Eastern Circuit to fill the unexpired term of the Honorable H. B. Tompkins, resigned.
The President then announced as the next busine~s in order the election of a Judge of the Brunswick Judicial Circuit for the unexpired t-.!rm of the Honorable John L. Harris, deceased, and that nominations for that office would be received.
Mr. Fort nomimted the Honorable M. L. Mershon, and there being tY> other names presented, the President instructed the Secretary to proceed with the call of the roll. This duty having been performed, it appeared that
the following Senators and Representatives had cast their votes for the Honorable M. L. :Mershon, to-wit : Of the Senate-
Messrs. Boyd, Bowen, Bryan, Cabaniss, Candler, Casey, Clarke, Clements of the T5th, Clements of the 44th, Clifton, Cumming, Drake, DuBose, Duncan, Fain, Folks, Grantland, Grimes, Hamilton of the 14th, Hamilton of the 2 Ist, Harrison, Hawkins, Head, Hodges, Holcombe, Holton, Howell, Hudson, Lumpkin, McDaniel, McLeod, Perry, Preston, Russell, Simmons, Staten, Stephens, Tison of the 4th, Tison ofthe roth, Troudman, Turner, Wellborn and Mr. PRESIDENT.
Of the House of RepresentativesMessrs. Adams, Anderson of Morgan, Anderson of Newton, Anderson of Pulaski, Barksdale, Barron, Bell, Bennett, Berry, Bird, Bleckley, Born, Branch, Brantley, Brindle, Buchanan, Burch of Laurens, Burch of Lowndes, Butt, Carr, Chambers, Chapman, Clegg, Colley, Collins, Cook, Cox of Harris, Cox of Troup, Crawford, Davis of Baker, Davison, Deloach, Dickin, Dozier, DuBose, Duggar, Dupree, Duval, Elder, Farnell, Fitzgerald, Fletcher, Ford, Fort, Fuller, Gammage, Garrard, Grant, Gray, Greene of Baldwin, Greene of Madison, Hall, Hammond, Hamilton, Hanks, Harrell, Harp, Harris, Harrison, Henderson, Hill, Hogan, Hollis, Howell of Lowndes, Hulsey,

Humber, Irvine, Ivey, Janes, Johnson of Johnson, Jordan of Wilkes, Kimsey, King, Kirby, Luffman, Mathews, Maund, McAfee, McConnell, McCurry, McDonald, McGouirck, McLucas, McWhorter, Miller of Liberty, Milner, Mitchell, Mynatt, Nesbit, Northern, Oliver, Paine, Patterson, Paull, Peacock, Phillips of Carroll, Phillips of Coffee, Phinizy, Pike, Pope, Poppell, Prescott, Puckett, Rankin, Redwine, Reese, Riden, Roach, Roberts, Rogers, Roney, Russell, Scruggs, Shannan, Sherman, Sibley, Sikes, Sims, Smith of Butts, Smith of Oglethorpe, Smith of Walton, Strickland, Strother, Talliaferro, Tate, Tatum, Thomas, Toole, Turner of Coweta, Vick, Walters, Walton, Weehunt, Welch, Wheeler, Wilcox, Williams of Columhia, C. W. Williams, F. J. Williams, Wilson, Yancey, Zellner, and Mr. SPEAKER.
The total vote cast for the Honorable M. L. Mershon was l87.
Mr. Tarver, of the House of Representatives, cast his vote for the Hon. ]. A. Arnow, of the county of Camden.
It appearing that the Hon. M. L. Mershon, of the county of Glynn, had received a majority of the votes cast, and
also, a majority of all the members of both branches of the'
General Assembly, he was declared by the President to be duly elected Judge of the Brunswick Judicial Circuit to fill the unexpired term of the Honorable John L. Harris, deceased.
The General Assembly having accomplished the purpose for which it was convened, was, on motion, dissolved. The Senate repaired to the Senate Chamber, and was called to order by the President, when, on motion of Mr. Holcombe, it was declared adjourned until 10 o'clock, a. m., Monday, the 7th instant, in accordance with tl;e provisions of a resolution adopted this day.

-:zo

JouRNAL bF THE SE~A~



SENATE CHAMBER, }

Monday, July 7tlz, 1879, IO o'clock, a. m.

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

Prayer by the Hon. ]ohn T. Clark, of the I 1th district.

On the call of the roll the following Senators answered

to their names, to-wit:

Boyd, Bower, Bryan, Candler, Casey, Clarke, Clements of the li>th, Clements of the 44th, Clifton, Cumming, Drake,
DuBose, Duncan, Fain,

Folks, Grantland, GHarmimilets~n of the 14th, Hamilton of the 21st, Harrison, Hawkins, Head, Hodges, Holcombe, Holton,
Howell, Hudson, Lumpkin,

McDaniel, McLeod, Perry, Preston, Rt1ssell, Staten, Stephens, Tison of the 4th, Troutman, Turner, Wellborn,
MR. PRESIDENT.

Leave of absence was granted Mr. Cabaniss, of the 22d district, for this day, and to Mr. Simmons indefinitely, on account of personal indisposition.

Mr. McDaniel, chairman of the Judiciary Committee, made a report on certain bills, which was read.

Mr. Stephens, from the committee on Public Printing, to whom was referred a joint resolution instructing the State Librarian to furnish to each member of the General Assembly one copy of the Journals of the Senate and House of Representatives for the present session, prior to the recess therein, reported in favor of its adoption.

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

Mr. President:

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 7 of article 6 of the Constitution and to fix and
prescribe the jurisdiction of Justices of the Peace and No-

21
taries Public in this State, and to require them to hold their courts monthly and at fixed times ;111d places."
Also, the following bills of the Senate, to-wit: A bill to be entitled ''An act to prescribe the manner of allowing insolvent lists of tax collectors, by a vote of ayes, 120; nays, o. Also, a bill to be entitled "An act to provide for the filling of vacancies that may occur in the office of Governor, " tl_y a vote of ayes, ros; nays, 0. [he House insists upon its amendment to the following bill of the Senate, to-wit: ''A bill to be entitled an act to reduce and regulate the fees of Tax Receivers and Collectors in all of the counties of the State, to repeal all local Ia ws relating thereto, and for other purposes," and asks a committee of conference on the same, and has appointed as such committee on part of the House Messrs. Davis of Hanston, Garrard and PhinIzy. The House has passed the following- bill, to-wit: A bill to be entitled "An act to re-enact and declare of force section 4573 of the Code of this State, and for other purposes therein named," by a vote of ayes, 108; nays, 2. The House has agreed to the following resolution in which it asks the conni'rrence of the Senate, to-wit: A resolution "Requiring the joint committee on Lunatic Asylum to enquire and report if there can not be dis charged certain inmates of the asylum, not proper subjects for treament therein." This resolution was, on motion, taken up and concurred in. Mr. Russell, from the Committee on Wild Lands, made a report which was read. Mr. Candler, from the Committee on Wild Lands, offered a minority report, which was read. l\1r. Bryan moved that the foregoing majority and minority reports be made the special order for Monday
next, the l4th instant, and that one -hundred copies of

22

JouRNAL OF THE SENATE.

each, together with the evidence taken by said committee, be printed for the use of the Senate.
On motion ot Mr. Fain the question was divided. and the proposition to make the subject matter the special order for the 14th instant being first submitted to the Senate, was lost.
The motion to print was next submitted and prevailed.
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 Judiciary Committee, to-wit:
By Mr. Bower-
A bill "To repeal section 2443 of the Code of I873, in regard to abatement of letters testamentary;" and
A bill "To amend paragraph 5 of section 2484 of the Code of I873, as to inheritance," etc.
By Mr. CummingA bill ''For the prevention of cruelty to animals." By Mr. LumpkinA bill "To amend section 416 I of the Revised Code of Georgia of I 87 3, in relation to the practice in cases of garnishments in Justices' Courts, and for other purposes." A bill "To amend section 2573 of the Code of 1873 which provides for the return of a'"ppraisers, appointed to set apart and assign a year's support to the family of a deceased person, and for filing objections to the same." A bill "To amend sections 2042 and 2043 of the Code of 1873, the former of which provides for laying off and platting the homestead allowed by said Code, and the latter of which provides for the trial of objections to the same," and A bill ' To repeal an act entitled an act to repeal section 4323 of the revised Code of 1873, to prescribe the punishment of persons convicted of murder, and for other purposes, approved December 16th, 1878, and to re enact and declare of full force, said section 4323, which pre-

}ULY 7TH, 1879

23

scribes the punishment for the crime of murder m [this State.''
By Mr. PrestonA bill "To declare in what manner a judgment lien on transferred property may be lost, and for other purposes."
By Mr. Russell-
A bill "To amend an act entitled an act to empower the Judges of the Superior Courts of this State to appoint or employ a reporter or stenographer in their Courts, to define the duties of s1~ch reporter or stenographer, fix his fees, and for other purposes."
By Mr. Wellborn-
A bill ''To amend section 4528 of the Code of 1873. m relation to carrying deadly weapons to public places, so as to make the penalty in such cases the same as in misdemeanors g-enerally."
Mr. Hudson offered a resolution tendering the thanks of the Senate to Messrs. Gay & McCleskey for courtesies shown this body in the presentation of fans. The same was, on motion, taken up, read and agreed to.
The Senate took up, in regular order, the resolution instructing the State Librarian to furnish the members of the General Assembly one copy each of the Senate and House journals for the period of the present session, prior to the recess. The same was agreed to.
On motion of Mr. Bryan, it was 01 dered by the Senate that the majority and minority reports of the Special Committee on Wild Lands and the evidence taken by said committee be placed in the hands of the Pubiic Printer without delay.
Mr Preston reported a resolutiun fixing the hours for the meeting and adjournment of the Senate, which was ordered to lie over for a day, under the rules.
The resolution proposing to exclude new matter after the J I tp instant WfiS tflken up, and on motion of the mo\'er,

jOURNAL OF THE SENATE
Mr. Clements of the 44th district, laid on the table for the present.
The Senate took up as the report of the Committee of Whole, the bill ''to amend section 3694 of the Code of 1873-"
The report was agreed to. The bill was read the third time and passed by a Constitutional majority, there being ayes, 28; nays, r.
The adverse report of the Judiciary Committee was taken up on the following bills, the reports agreed to and the bills severally lost, to-wit :
A bill' 'To make betting a crime, and to provide a penalto therefor." and
A bill ''To amend the Constitution of this State in relation to the election of judges," etc.
The following bills of the House of Representatives were taken up, read the second time and passed to a third reading, to-wit:
A bill ''To alter amend section 441 1 of the Revised Code of 1873, in relation to the punishment of the offense of larceny from the person."
A bill "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;" and
A bill ''To fix the compensation of ordinaries, sheriffs and bailiffs in this State for services in cases of lunacy."
The following bills of the House were read the first time and referred to the Committee on the Judiciary, to-wit:
A bill ''To re-enact and declare of force section 4575 of of the Code of this State," and for other purposes therein mentioned ; and
A bill To carry into effect paragraph 2, section 7 of article 6 of the Constitution, and to fix and prescribe the j u-
risdiction of justices of the peace and notaries public in

25

this State, and to require them to hold their courts monthly, at fixed times and places."
The bill of the Senate 'To provide for allowing defendants in cases of the levy of distress warrant to replevy property distrained in fauma pauperis," was read the second time and passed to the third reading.
The Judiciary Committee were, at their request, relieved from further cousideration of the bill ''To compensate tax receivers wr returning defaulting tax payers," etc., and the same was, on motion, recommitted to the Committee on Finance.
The message from the House of Representatives received this day in relation to certain amendments to the bill of the Senate "To reduce and regulate the fees of tax receivers and collectors of the State, to repeal all local laws relating thereto, and for other purposes," was, on motion, taken up, and then, on motion of Mr. McDaniel, laid on the table for the present.
The Senate, on motion, adjourned until roo'clock, a.m., to-morrow.

SENATE CHAMBER,

}

Tuesday, July 8, 1879, 10 o'clock, a. m.

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

Prayer by the Rev. J. H. Martin, D.D.

On the call of the roll the following Senators answered

to their names, to-wit-Messrs.

Boyd, Bower, Bryan. Candler, Casey,
Clements of the 15th. Clements of the 44th, Clifton,
Cumming, Drake, DuBose, Duncan, Fain,
Folks.

Grantland, GHarmimilets~n of the 14th, Harrison, Hawkms, Head, Hodges, Holc:ombe, Holton,
Howell, Hudson, Lumpkin,
McDaniel,

:McLeod, Perry, Preston, Russell, Simmons, Staten, Stephens, Tison of the 4th, Tison of the lOth, Troutman, Turner, Wellborn,
MR. PR&SID&Nl",

26

jOURNAL OF THE SENATE

On motion of Mr. Hawkins, leave of absence was granted Mr. Hamilton of the 21st to attend the funeral of a deceased brother.
Mr. McDaniel, chairman of the Judiciary Committee, made a report on certain bills, which was read.
Mr. Russell offered the following resolution which was taken up, read and agreed to, to-wit:
''Whereas, in transcribing the report of the Special Wild Land Co.mmittee, a part of the report on the subject of the
costs charged for issuing the .ft. fas., was accidentally
omitted; therefore,
''Be it resolved, That said committee be, and is hereby authorized, to insert it in the appropriate place in the manuscript now in the hands of the printer."
Mr. Preston moved that the resolution on the times of meeting and adjournment of the Senate betaken up.
This motion 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 Excellency, the Governor, to de-
liver to the Senate a communication in writing, with an accompanying document.
Mr. Hodges offered a resolution making the reports of tha committee on the endorsement of the Northeastern Railroad bonds the special order for to-morrow. at 11 o'clock a. m.
The same was not agreed to. Mr. Grantland offered the following resolution, which was, on motion, taken up, read and agreed to, to-wit: "Resolved, That the Committee on Rules be directed to revise the rnles of the Senate, and that one hundred copies be printed for the use of the Senate." The Senate took up, as the report of the Committee of the Whole, the bill ''To provide for allowing defendants in

JuLY 8, 1879.

27

cases of the levy of distress warrant to replevy property distrained in fauma pauperis."
This bill was referred to the Judiciary Committee by whom it was reported back with the recommendation that it do pass by substitute.
The substitute was adopted. The report as amended was agreed to. The bill was read the third time and passed as amended by a constitutional majority, there being ayes, 24; nays, 2. The Senate took up for the second reading the bill "To amend section 4528 of the C:ode of 1873 in relation to carrying deadly we.tpons to public places, so as to make the penalty in _such case( the same as in misdemeanors generally." The Judiciary Committee recommended the passage of this bill by substitute. The same was read the second time, and on motion of Mr. Wellborn, recommitted to the Judiciary Committee. 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 4411 of the Revised Code of 1873 in relation to the punishment of the offense of larceny from the person. "
The report was agreed to. The bill was read the third time and passed by a consti tutional majority, there being ayes, 27; nays, I. The Senate took up, as the report of the Committee of the Whole, the bill of the House ''To require constables and bailiffs to sell only on the regular monthly court days and only between the legal hours of sale, except in cases of property likely to deteriorate in value by keeping." The same was amended in accordance .with the recommendation of the Judiciary Committee by inserting the words ''live stock or," after the word "perishable," in the proviso.
The report as amended was agreed to.

28

jOURNAL OF THE S~NATE

The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 25; nays, I.
The Senate took up, as the report of the Committee of the Whole, the bill of the House "To fix the compensa. tion of ordinaries, sheriffs and bailiffs of this State for services in cases of lunacy."
The report was amended as recommended by the Judiciary Committee by striking out from section 2 ~'one dollar," and inserting "three dollars."
The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 23; nays, o. The Senate took up for a second reading the bill of the Senate "To repeal section 4323 of the Revised Code of 1873, to prescribe the punishmt nt of persons convicted of murder and for other purposes, approved December 16, 1878, and to re-enact and declare in full force said section 4323, which prescribes the punishment for the crime of murder in this State." The Judiciary Committee reported adversely to the passage of this bill. The same was recommitted to said committee on motion of Mr. Howell. The bill "To declare in what manner a judgment lien on transferred property may be lost, and for other purposes," was taken up, read the second time and passed to a third reading. The following bills were taken up for a second reading, and, on motion, laid on the table for the present, without being read the second time, to-wit: A bill "To require the Judges of the Superior Courts of this !:>tate to report to the Judges of the Supreme Court, and the Judges of the Supreme Court to the Legislature, defects; modifications and changes in the Constitution and the statute laws of the State, and for other purposes;"
and

29
A bill 'To define and declare the d:ffuent ;;tades of the crime of murder, to prescribe suitable penalties there-. tor, and for other purposes."
The following report was received from the Committee on Enrollment through the chairman, Mr. Russell: Mr. President:
The Committee on Enrollment report as duly enrolled and ready for the signature of the President and Secretary of the Senate the following bills, to-wit :
An act to prescribe the manner of allowing insolvent lists of tax collectors.
Also, an act to provide for the filling of vacancies that may occur in the office of Governor.
The Senate took up for a second reading the bill "To provide for the cancellation of the record of deeds made to secure debts, mortgages and other liens required by law to be recorded in the clerk's office of the Superior Courts of this State, and for other purposes,"
This bill was reported upon adversely by the Judiciary Committee, to whom it had been referred.
On motion of Mr. Preston, the Senate disagreed to the report of the Judiciary Committee, and the bill being read the second time, was passed to a third reading.
The Senate, on motion, adjourned until to-morrow, 10 o'clock, a. m.
SENATE CHAMBER, } Wednesday, July g, 187g, 10 o'clock a.m. The Senate met pursuant to adjournment, 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.

30

jOURNAL OF THE SENATE

Boyd, Bower, Bryan, Cabaniss,
Cam1Ier, Casey, Clarke, Clements of the 15tu, Clements of the 44th, Clifton, Cumming, Drake, DuBilse,
Duncan,

Fain, Folks, Grantland, Grimes,
Hamilton of the 14th, Hanison, Hawkins, Head, Hodges, Holcombe, Holton, Howell, Hudson,
Lumpkin,

McDaniel, McLeod, Perry, Preston.
Hussen; Simmons, t-3ta.ten, Stephens, Tison of the 4th, Tison of the lOth, Troutman, Turner, Wellborn,
MR. PRESIDENT.

The journal was read and approved.

Mr. Harrison moved a reconsideration of so much of the

Journal of yesterday as relates to the action of the Senate

in passing the bill ''To allow defendants in distress war-

rants to stop proceedings and defend such proceedings in

fauma pauperis."

The motion to reconsider prevailed. On motion of Mr. Cumming, leave of absence, for this day, was granted Mr. McDaniel on important business. The following message of his Excellency, the Governor, was taken up and read:

EXECUTIVE DEPARTMENT, STATE OF GEORGIA, ATLANTA, GEORGIA, July 8th, 1879.
To tlze General Assembly: In conformity with a request of the Georgia State Ag-
ricultural Society, I have the honor to transmit to your body a preamble and resolutions of said society passed at its semi-annual convention m Hawkinsville on ~the zoth day of February, 1879.
ALFRED H. COLQUITT.

The subject matter referred to in the foregoing message was, on motion, referred to the Committee on Agriculture, the same being in the form of a preamble and resolu-

tions. The Senate took up, as the report of the Committee of
the Whole, the bill ''To declare in what manner a judg-

jULY 9 1879

31

ment lien on transferred property may be lost, and for

other purposes." The Judiciary Committee, to whom this bill was re-

ferred, reported favorably thereon.

Mr. Clark moved that the Senate disagree to the report

of said committee. This motion did not prevail, and the report 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 re-

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

Boyd, Candler,
Casey,
Clements of the 15th, Clifton, Drake, Duncan, Folks,

Grimes. hamilton of the 14th,
Harrison,
Hawkins, Hodges, Holton, Hudson, Lumpkin,

Preston, Simmons, Tison of the 4th, Troulman, Turner. Wellborn,
MR. PRESIDENT.

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

Bower, Bryan, Cabaniss, Clark, Clements of the 44th,
DuBose,

Fain, Grantland,
Head, Holcombe, McLeod,

Ayes, 23. Nays, 16.

Perry, H ussell,
Staten, Stephens, Tison of the lOth.

So the bill was passed by the requisite Constitutional

majority.

The following message was received from his Excellency,

the Governor, through Mr. Avery, his Secretary, to-wit:

JJfr. President:

I am directed by his Excellency, the Governor, to deliver

to the Senate a sealed communication, to which he respect-

fully invites the consideration of your honorable body in

Executive session.

Mr. Clark, from the ] udiciary Committee, made a report

on certain bills, which was read.

Under a suspension of the rules, Mr. Troutman offered

the following resolution, which was taken up, read and

agreed to, to-wit;

JouRNAL OF THE SENATE
'!Resolved, Thatthe courttsits of the Stuate be extended to the Hon. Warren D. Nottingham, of the county of Houston, by an invitation to a seat in the Senate Chamber during hi's stay in the city."
Under a suspension of the rules, Mr. Hudson presented a memorial, which was read, and, on motion of Holcombe, referred to the Committee on Education.
Mr. Cumming offered the following privileged resolution, which was read, and agreed to, to-wit:
"Resolved, That the Hon. James S. Hook, of the county of Richmond, be invited to a seat on the floor of the Senate."
Mr. Cabaniss offered the following privileged resolution, which was read and agreed to, to-wit:
''Resolved, That the Hon. C. C. Kibbee be invited to a seat upon the floor of the Senate during his stay in this . city."
The bill "To provide for the cancellation of the record of deeds made to secure debts, mortgages and other liens, required by law, to be recorded in the clerk's offiee of the Superior Courts of this State, and for other purposes," which was taken up for a third reading, was laid on the table, on the motion of Mr. Cumming.
The bill ''To amend section 2573 of the Code of 1873, which provides for the return of appraisers appointed to set apart and assign a year's support to the family of a deceased person, and for filing objections to the same," was read the second time and passed to a third reading.
The bill "To amend paragraph 5 of section 2484, of the Code of I 873 of Georgia, as to inheritance,'' etc., was taken up for a second reading, and without being read the second time, was, on motion of Mr. Bower, recommitted to the Judiciary Committee.
The Senate took up for a second reading the bill "To repeal section 2443 of the Code of 1873 of Georgia, m regard to the abatement of letters testamentary," etc.

33'
The Judiciary Committee, to whom this bill was referred, reported adversely to its passage.
Mr. Bower moved to disagree to the report of said committee. This motion did not prevail, and the report being agreed to, the bill was -lost.
The foll0wing bills werG read the second time, and passed to a third reading, to-wit:
A biil "To amend sections 2042 and 2043 of the Code of 1873, the former of which, provides for laying off and ,platting the homestead allowed by said Code, and the latter of which, provides for the trial and objections to the survey of the same," and
A bill "To amend section 4161 of the revised Code of Georgia of 1873, in relation to the practice in cases of garnishments, in justices courts, and for other purposes."
On the call of the roll for the introduction of new matter, the following bill was introduced, read the first time, and referred to the Committee on Education, to-wit :
By Mr. BoydA bill "To modify the common school laws of Georgia, so far as to authorize the people of the respective school districts to elect three trustees, who shall have the sole right of selecting their own teachers, except in towns, and where otherwise provided by law. The following bills were introduced, read the first time, and referred to the Judiciary Committee, to-wit: By Mr. HoltonA bill "To amend an act carrying into effect paragraph 2, section 18, article 6 of the Constitution of 1877," and A bill ''To be entitled an act to provide when and where certain suits may be brought against the Macon and Brunswick Railroad." By Mr. ClementsA bill ''To make it a penal offense to poison any domes tic animal, or to expose any poisonous substance with the intent that the life of any animal shall be destroyed thereby,
3

34 -~

JouRNAL OF THE SENATE

or to procure, counsel or command another to commit said crime."
By Mr. RussellA bill "To require the record of colors of title, and to prescribe the application of the statute of limitations in favor of possession under the same." By Mr. LesterA bill'' To amend section 1920 of the Code of Georgia, authorizing the formation of limited partnerships, in various business, for the purpose of adding to the list the banking business." The following bill was introduced, read the first time, and referred to the Committee on the Penitentiary, to-wit: By Mr. BoydA bill "To repeal an act of the Genera.! Assembly of Georgia, approved February 25th, 1876, or any other act or amendments which authorize the leasing or hiring of the penitentiary convicts to private individuals, companies or corporations; to authorize the Governor and principal keeper to work said LOnvicts in quarrying rock, to open, repair and construct public roads, railroads, bridges," etc., and for other purposes. Mr. Preston mo\ed a suspension of the rules, in order to take up the majority and minorty reports on the subject of the endorsement of the bonds of the Northeast Rail road Company. The rules were suspended, when Mr. Preston moved that said reports be recommitted to the Special Committee, by whom they were made. Mr. Cumming offered the following retolution, which was read, to wit: '' Whereas, There is no warrant in the Constitution of the State, or in legislative usages, for the Senate to investigate the conduct of the Executive, except when sitting as a court to try anicles of impeachment; and "Whereas, Such investigations without constitutional warrant, and outside of legislative usage, ought not to

}ULY 10, I879

35

come into practice, in view of obvious evils they would involve, among which evils, some are as follows, to wit:
"Such extra constitutional investigations might be used oppressively, injuriously and impertinently, against the Executive. . ''They would involve the expenditure of time and money which would be unproductive of any proper results.
"They would disqualify the Senate from trying articles of impeachment in the cases investigated and passed upon in this irregular way.
"Therefore, be it resolved, That the majority and minority reports of the Northeastern Railro-ad Bond Investigating Committee be indefinitely postponed."
The motion to recommit, taking precedence under the .rules, was submitted and prevailed.
The Senate, on motion, went into executive session, and having remained some time therein, returned to open session and adjourned, on motion, until 10 o'clock a. m. tomorrow.

SENATE CHAMBER, } Thursday, July 10, 1879, 10 o'clock, a. m.

The Senate met pursuant to adjournment, the President

in the chair.

Prayer by Rev. Mr. Smith.

On the call of the roll, the following Senators answered

to their names, to-wit-Messrs.

Boyd, Bower, Bryan, Cabanis8, Candler,
Casey, CCllaermkel~ts of the 15th, Clements of the 44th, Clifton.
. Cumming, Drake, DuBose,
Duncan,

Fain, Folks, Grantland Grimes, Hamilton of the 14th,
Hamilton of the 21st, Harrison, Hawkins, Head, Hodges,
Holcombe, Holton, Howell,
Hudson,

Lumpkin, McDaniel, McLeod, Perry, Preston, Simmons, Staten,
Stephens, Tison of the 4th, Tison of the 10th, Troutman, Turner, Wellborn,
MR. PRKSIDEN'l'.

JouRNAL OF TffE SENATE

The journal was read and approved.

Mr. Clarke moved the reconsideration of so much of

the journal of yesterday as to the action of the Senate in

passing the bill "To declare in what manner a judgment

lien on transferred property may be lost, and for other

purposes.''

Mr. Harrison moved to lay the motion to reconsider on

the table.

The motion to lay on the table did not prevail.

On the question of reconsideration the ayes and nays

were required to be recorded.

Those voting in the affirmative are, to-wit-Messrs.

Bower, Bryan. Cabaniss, Candler,
Casey, Clarke, Clements of the 44tll,
Cumming, Drake,

DuBose, Fain, Folks, Grantland, Hawkins Head, '
Hodges,
Holconbe,

Holton, McDaniel,
~:cLeod,
Perry, Staten, Stephens, Tison of the 10th, Turner.

Those voting in the negative are, to-wit-Messrs.

Boyd, Clements of the lOti!, Clifton, Duncan, Grimes, Hamilton of the 14th,

Harrison. Howell,
H~;cl~on,
Lumpkin, Preston,

Simmons, Tison of the 4th, Troutman, Wellborn,
:MR. PRKSIDEN'l'.

Ayes, 25. Nays, 16.

So the same was reconsidered by a constitutional ma-

jority.

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

granted those members of the Finance Committee at pres-

ent in attendance at a meeting of said committee during

the morning session.

Leave of absence was granted Mr. Russell, of the 8th

district.

Mr. Preston, chairman on the part of the Senate of the

special committee to examine and report upon the endorse-

dorsement of the bonds of the Northeastern Railroad

Company, and to whom, on yesterday, the majority and

'

JuLY I I, 1879

37

minority reports of said committee were recommitted, sub mitted a report, which was read.
Mr. Preston moved a suspension of the rules for the purpose of taking up this report.
This motion prevailed. Mr. Harrison moved that the same be made the special order forTuesdaynext, the 15th instant, at II o'clock,a. m. Mr. Clarke moved to amend the motion to make the report the special order for Tue.:;day, the I 5th instant, at I I a. m., by deferring it until the House of Representatives shall have acted definitely thereon. Pending this motion and the proposed amendment thereto, the report was laid on the table for the present. The Senate, on motion, adjourned until 10 o'clock, a. m., to-morrow.

SENATE CHAMBER, } Friday,July II, 1879, 10 o'dock, a.m.

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

Prayer by the Rev. Mr. Heidt.

On the call of the roll, the followiug Senators answered to their names:

Boyd, Bower, Bryan,
Cabaniss, Candler. Casey, C:larke,
Clements of the 15th,
Ulements of the 44th, Clifton, Cumming, Drake, DuBose, Duncan, Fain,

Folks, Grantland, Grimes, Hamilton of t]u, 14th. Hamilton of the 2bt, Harrison, Hawkins. Head,
Hodges, Holcombe. Holton,
Howell, Hudson,
Lumpkin,

McDaniel, ;\1cLeod, Perry, Preston,
Hn~sell,
Simmons, Staten, Stt'phens, Tison of the 4th, Ti~on of the lOth, Tr011tman. Turner,
Wellborn,
MR. PRESIDENT.

The journal was read and approved.

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

}OURNAL OF THE SENATE

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

ter, the folllowing bills were introduced, read the first time,

anJ referred to the Committee on the Judiciary, to-wit:

By Mr Boyd-
A bill ''Requiring plaintiffs in .ft. fa. to take. property upon which they have caused their fl. jas. to be levied, at its

appraised value, or sell the same at their own risk, and for

other purposes."

Ry Mr. Clements, of the 44thA bill "To provide for the compensation of jurors for

services in Justices' Courts, and for other purposes."

By Mr. Holton-

A bill "To amend section 4159 of the Code of 1873, in

relation to the trial ot claim cases in Justices Courts,"

and

By Mr. Hudson-

A bill "To change the estray laws when the, value of

the estray shall not exceed twenty dollars."

The following bill was introduced, read the first time,

and referred to the Committee on Finance, to-wit:

By Mr. Staton-

A bill ''To require the owners of property, whether real,

personal or mixed, to give in and pay the tax upon the

same, in the county where the property is located."

Mr. McDaniel, chairman of the Judiciary Committee,

made a report on certain bills which was read.

.

The bill "To carry into effect paragraph r, section 8,

article 3, of the Constitution of 1877," was withdrawn by

the mover, Mr. Grantland, with the consent of the Senate

The following bills of the Senate were read the second

time and passed to a third reading, towit:

A bill "To amend section 1920 of the Code of Georgia,

authorizing the formation of limited parterships in various business, for the purpose of adding to the list the banking

business." A bill "To require the ordinaries of the different coun-

}ULY I l, 1879.

39

ties of this State to let the printing pertaining to the offices of ordinary, sheriff and c!erk of the Surerior Court of their respective counties, to the lowest bidder," and

A bill "To amend the act entitled 'an act to empower the Judges of the Superior Courts of this State to appoint or employ a reporter or stenographer, in their courts, to define the duties of such reporter or stenographer, fix his

fees, and for other purposes.'" The adverse report of the Finance Committee on the
following bill was agreed to, and the bill, therefore, lost, to-wit:
A bill ''To compensate tax receivers for returning de-

faulters, for JJreparing agricultural digests, and to pay tax receivers and tax collectors for collecting the taxes of defaulters."

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

''Resolved, That a seat on the floor or the Senate be tendered Mr. John W. Pearson, during his stay in the

city."

The adverse report of the Judiciary Committee on the . following bills of the House was agreed to, and the bills,
therefore, lost, to-wit :

A bill ''To re-enact and declare of force section 4573 of the Code of this State, :>.nd for othn purposes,'' and
A bill "To provide. for carrying into effect sentence in

certain criminal cases, and for other purposes." The following bills of the House were read the second
time and passed to a third reading, to-wit:

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 fur other purposes."

A bill "To repeal sections 4387 and 4388 of the revised

Code of I 873, and to prescribe the punishment for burglary

and for other purposes."



A bill ''To carry into effect paragraph 2, section 7, of

JouRNAL OF THE SENATE
article 8, of the Constitution, and to fix and prescribe the jurisdiction of justice;; of the peace and notarie:~ public in this State, and to require them to hold their courts monthly, at fixed times and places."
A bill ''To alter and amend section 3845 of the Code of 1873, providing for the payment of State's witnesses from other counties." and
A bill ''To authorize foreign corporations to be sued in this State, and to provide for service of writs and process on !'ouch corporation, and for other purposes."
The Senate took up as the report of the Committee of the Whole the bill of the Senate, "To amend section 2573 ofthe Code of 1873, which provides for the return of appraisers appointed to set apart and assign a year's support to the family of a deceased person, and for filing objections to the same."
The report was agreed to.
The bill was read the third time, and, pending the question of its passage, was, on motion, recommitted to the Judiciary Committee.
The Senate took up as the report of the Committee of the Whole, the bill "To amend sections 2042 and 2043 of the Code of 18 73. the former of which provides for laying off and platting the homestead allowed by said Code, and the latter of which provides for the trial of objections to the survey of the same."
The report was agreed to. The bill was read the third time, and passed by a constitutional majority, there being ayes, 29; nays, o. The Senate took up as the report of the Committee of the Whole, the bill " To amend section 4161 of the revised Code of Georgia of 1873, in relation to the practice in cases of garnishment in Justices' Courts, and for other purposes." The report was agreed to.

JuLY r r, I~79
The bill was read the third time, and passed by a constitutional majority, there being ayes, 26; nays, o.
The Senate, on motion of Mr. Preston, took from the table the message of the House in relation to the bill of the Senate ''To reduce and regulate the fees of tax receivers and collectors in all the counties in the State, to repeal all local laws relating thereto, and for other purposes," the House having passed the same by a substitute to which the Senate had disagreed.
The House refused to recede from its amendment, and asked a Committee of Conference thereon.
The Senate, on motion, insisted upon its disagreement and granted the committee asked.
The President appointed as said committee on the part of the Senate Messrs. Cabaniss, Simmons and Howell.
The reconsidered bill of the Senate 'To provide for allowing defendants in cases of the levy of distress warrants to replevy property distrained in fauma paupetis," was taken up.
Mr. Fain offered an amendment, which was read. other purposes."
Mr. Harrison offered an amendment, which was also read.
On motion of Mr. Harrison the bill and amendments were recommitted to the Judiciary Committee.
The reconsidered bill ''To declare in what manner a judgment lien on transferred property may be lost and for other purposes," was taken up.
Mr. Clark offered an amendent thereto, which was read. On his motion the bill with the proposed amendment was recommitted to the Judiciary Committee.
Mr. Howell moved that when the Senate adjourns this day it will adjourn until 10 o'clock a. m., Monday next.
On this motion the ayes and nays were required to be recorded.
Those who voted in the affirmative are, to-wit-Messrs.

jOURNAL OF THE SENATE

Bower, Bryan,
Cabaniss, Candler, Casey, Clements of the 15th, Clifton, Cumming,

DuBose, Grimes,
Hamilton of the 14th, Hamilton of the 21st, Harrison, Hawkins, Head, Howell,

McDaniel, Perry, Staten,
s~ephens,
Tison of the 4th, Tison of the lOth, Troutman.

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

Boyd, Clarke, Clements of the 44th, Drake, Duncan,
Fain,

Folks, Grantland, Hodg(s, Holcombe, Holton,
Hudson,

Lumpkin, McLeod, Preston, Simmons, Turner,
MR. PRESIDENT.

Ayes, 23. Nays, 18.

So the motion prevailed.

Mr. Howell, by consent of the Senate, introduced a bill,

''To incorporate The Georgia Telephone Company, and

define the objects, rights, powers, privileges and liabilities

of the same." This bill was read the first time and referred

to the Committee on Corporations.

The Senate on motion adjourned to 10 o'clock, a. m.,

Monday.

SENATE CHAMBER, } Monday, July 14th, 1879, 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 13th

District.

On the call of the roll the following Senators answered

to their names, to wit:

Boytl, Bower, Bryan, Cabaniss,
CasPy, ClarKe, Clements of the 14th, Clements of the 44th, Clifton,
Cumming, Drake, DuBose,

Duncan, Fain, Folks, Grantland, Griri1e's, Ham:lton of the 13th, Harrison,
Hawkins, Head, Holton, Hudson, Lumpkin,

McDaniel, HcLe)d,
PrestoH, SimmoHs, Staten, Stephens, Tison of the 4th Tison of the lOth, Troutman, Turner, Wellborn, MR. PRESIDENT.

43
The journal was read and approved.
On motion of Mr. Cabaniss, so much of the journal of Friday was reconsidered as relates to the agreement of the Senate to the adverse report of the Judiciary Committee on the bill of the House "To provide for carrying into effect sentence in certain criminal cases, and for other purposes," by which action said bill was lost.
The same was, on motion of Mr. Cabaniss, taken up and recommitted to the Judiciary Committee.
On motion of Mr. Cumming, leave of absence was granted Mr. Perry on account of sickness. in his family.
Leave of '!;bsence was granted Mr. Hodges, on motion of Mr. Hudson, on account of special business.
Mr. Grimes offered the following privileged resolution, which was rc::ad and agreed to, to-wit:
"Resolved, That Hon. Bennett H. Crawford, ex-Senator, be invited to a seat on the floor of the Senate during his stay in the city."
On motion of Mr. Grantland, the President was requested to re-appoint the original Committee on Rules, for the purpose of revising the same under resolution of the Senate.
The President re-appointed Messrs. Lumpkin, Howell and Cumming, as such committee.
Mr. McDaniel, chairman of the Judiciary Committee, made a report on certain bills, which was read.
Mr. Wellborn introduced the following bill, which was read the first time, and, on motion referred to the Judiciary Committee, to-wit :
A bill ''To establish the State line between Georgia and North Carolina, so far as the same is the line between Rabun County in Georgia and Macon County in North Carolina, and to provide for the survey of the same," etc.
On motion of Mr. Holton the bill "To carry into effect article 2, section 5 of the Constitution of this State," which was read the third time, December 2d, 1878, and

44

jOURNAL OF THE SEXATE

then laid on the table, was taken up, and on motion of Mr. McDaniel recommended to the Judiciary Committee.
The adverse report of the Committee on the State of the Republic on the bill ''To repeal sections I 305 and I319 of the Code of I873," was taken up, agreed to and the bill, therefore, lost.
The adverse report of the ] udiciary Committee on the following bills was agreed to and the bills, therefore, lost, to-wit:
A bill "To prescribe a form of oath in pauper cases carried to the Supreme Court of this State."
A bill ''Authorizing the formation of limited partnerships in which the capital subscribed shall alone be responsible for the d~bts, except under certain circumstances."
A bill "To amend section 2573 of the code of 1873, in relation to returns of appraisers for setting apart a year's support to the family of a deceased person," etc., and
A bill "To change the estray laws when the value of the estray does not exceed twenty dollars."
The following bills were read the second time and passed to a third reading, to-wit :
A bill "To provide for the compensrtion of jurors for services in Justices' Courts, and for other purposes."
A bill "To amend section 4159 of the Code of 1873, in relation to the trial of claim cases in ]ustices' Courts."
A bill ''To provide when and how certain suits may be brought against the Macon and Brunswick Railroad."
A bill 'To fix the fees to be raid to Ordinaries, and Surveyors by applicants for the homestead and exemptions under the provisions of the Constitution of 1877," and
A bill ''To amend an act carrying into effect paragraph 2, section 18, article 6 of the Constitution of I 877, and for other purposes."
The Senate took up the report of the Committee of the Whole, the bill of the House, ''To repeal sections 4387

45
and 4388 of the revised Code of 1873, and to prescribe the punishment for burglary, and for other purposes."
The report was agreed to. The bill was read the third time, and passed by a consti tutional m<>jority, there being ayes, 28; nays, o.
The Senate took up, as the report of the Committee of Whole, the bill of the House, '~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."
The re1-ort was agreed to.
The bill was read the third time and passed by a consti tutional majority, there being ayes, 28 ; nays, o.
The following message was received from His Excellency, the Governor, through his Mr. Avery, his Secretary, to-wit:
Mr. Presidmt: 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 Senate took up, as the report of the Committee of the Whole, the bill "To amend an act entitled an act to empower the Judges of the Superior Courts of this State to appoint or employ a reporter or stenographer in their courts, to define the duties of such reporter or stenographer, fix his fees, and for other purposes.''
The Judiciary Committee, to whom the same was referred, recommend that it do pass by substitute.
The substitute was adopted. The report, as amended, was agreed to. The bill was read the third time, and passed as amended
by a constitutional majority, there being ayes, 23; nays, 5
The Senate took up, as the report of the Committee of the Whole, the bill ''To amend section 1920 of the Code of Georgia, authorizing the formation of limited partnerships

JOVRNAL OF THE SENATE
in various business for the purpose of adding to the list the banking bt1siness."
The report was agreed to. The bill was read the third time and passed by a constitutional majority, there being ayes, 25 ; nays, o. The Senate took up, as the report of the Committee of the Whole, the 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 Judiciary Committee, to whom the same was referred, recomm(.nded that it pass by substitute. The substitute was adopted. The report, as amended, was agreed to. The bill was read the third time, and pending the question of its passage, as amended, the same was, on motion of Mr. Grantland, recommitted to the Judiciary Committee. The Senate took up, as the report of the Committee of the Whole, the bill of the House of Representatives, "To authorize foreig11 corporations to be sued in this State, and to provide for service of writs and process on such corporations, and for other purposes." . The report was agreed to. The bill was read the third time, and, not having received a constitutional majority, was lost, the vote being ayes, 22; nays, 3 Mr. Boyd gave notice that he would move a reconsideration of the same. The Senate took up, as the report of the Committee of the Whole, the bill of the House, "To alter and amend section 3845 of the Code of 1873, providing for the payment of State's witnesses from other counties." The Judiciary Committee, to whom the same was referred, recommt:nded that it pass with certain amendments, towit: Strike out of 22d line of rst section the word "one" and insert "two." Amend Ist section by striking

47
therefrom the word ''finally,''.and inserting in lieu thereof the words, "for the term."
The amendments were adopted. The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 27; nays, o. The Senate -took up, as the report of the Committee of the Whole, the bill of the House, "To carry into effect
paragraph 2, section 7 of article 6 ol the Constitution, and to
fix and prescribe the jurisdi.:tion of justices of the peace and notaries public in this State, and to require them to hold their courts monthly at fixed times and places."
The report was agreed to.
a The bill was read the third time and passed by consti-
tutional majority, there being ayes, 23; nays, 2. Mr. Lumpkin offered a resolution "To provide for the
acceptance by the State of Georgia of the proposal of the Mayor and Council of the City of Atlanta to convey to said State a site on which to build a capitol, and to adjust and settle with said Mayor and Council their proposal to build for said State a capitol building."
The same was taken up, read and, on motion, referred to the Judiciary Committee.
Mr. Cabaniss, by consent of the Senate, introduced the following bill, which was read the first time and referred to the Committee on Finance, to-wit:
A bill To amend an act entitled an act to change the the fiscal year, so the same shall begin on the first day of October and end on the 30th day September of each year."
Approved December 16, 1878. The Senate, on motion, went into executive~<;:ssio.n, and having returned to open session, adjourned until IO~'clock, a. m., to-morrow.

JoURNAL OF THE SENATE

SEN ATE CHAMBER, } Atlanta, Tuesday, July I 5, I 879, 10 o'clock, a. m.

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

P~ayer by the Rev. Mr. Reeves.

On the call ot the roll, the following Senators answered to thdr names, to-wit-Messrs.

Boyd, Bower, Bnan, Cabaniss, Can(jler, Cilbey, Clarke, Clements of the 15th, Clements of the 44tll,
Clifton, Cumming, Drake, DuBose,
Duncan,

Folks. Grantland, Grimes. Hamilton of the 14th, Hamilton of the 21st, Harrison. Hawkins, Head, Hodges,
Holton, Howell, Hudson, Lumpkin,
J.\llcDaniel,

McLeod, Perry, Preston, Russell, Simmons, Staten, Stephens, Tison of the 4th, Tison of the lOth, Troutman, Turner, Wellborn,
l\{1!. PRESIDENT.

The journal w.1s read and approved.

Mr. Boyd moved a reconsideration of so much of the journal of yesterday as relates to the rejection of the bill to authorize the suing of foreign corporations in this State, to prescribe the process against the same, and for other purposes.

The motion to reconsider prevailed.

Mr. McDaniel made a report from the Judiciary Com-

mittee, which was read. Mr. Hudson, chairman ofthe Committee on Education,
made a report on a certain bill, which was read. Mr. Cabaniss, chairman of the Committee on Finance,

made a report on certain bills, which was read.

Mr. Cabaniss offered the following privileged resolution, which was read and agreed to, to-wit :
Resolved, That a courtesy of a seat on the floor of the

Senate be extended to Ron. Thomas Hardeman, of Bibb,

during his stay in the city. The. following message was received from his Excel-

JuLY 15, 1879

49

Iency, the Governor, through Mr. Avery, his Secretary, to-wit: Mr. President:
His Excellency, the Governor, has approved and signed the following acts, to-wit :
. An act "To provide for the filling of vacancies that may occur in the office of Governor."
Also, an act ''To prescribe the manner of allowing insolvent lists of Tax Collectors."
Mr. Bryan offered the following privileged resolution, which was read and agreed to, to-wit:
" Resolved, That a seat on the floor of the Senate be tendered to ex-Senator Steadman during his stay in the city."
On motion of Mr. Preston the bill '' To provide for the cancellation of the record of deeds made to secure debts, mortgages and other liens, required by law to be recorded in the clerk's office of the Superior Courts of this State, and for other purposes," was taken from the table and made the special order for to-morrow at I I o'clock, a.m.
The Senate, on motion of Mr. Clements, of the 44th district, took up as the report of the Committee of the Whole, the reconsidered bill of the House '' 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."
The report was agreed to. The bill was read the third time and passed by a constitutional majority, there being ayes, 30 ; nays, o.
Mr. Clarke, ch~irman of the Committee on Corporations, made a report on certain bill, which was read.
Mr. Lumpkin, chairman of the Special Committee on Rules made the following report, which was read, to-wit : Mr. Preszdent:
The Special Committee on ~Rules have performed the
4

so

JouRNAL OF THE SENATE

duty of revising the rules of the Senate, as required by a

resolution of the Senate, and herewith return said rules,

together with the rules adopted for the government of the

General Assembly when assembled in joint session.

(Signed)

SAMUEL LuMPKIN,

Chairman.

The following bills were read the second time and pass-

ed to a third reading, to-wit:

A bill '' To require the owners of property, whether

real, personal or mixed, to give in and pay tax on the

same in the county where the property is located."

A bill '' To amend an act entitled an act to change

the fiscal year so that the same shall begin on the first day

of October and end on the thirtieth day of September of

each year," approved December 16th, 1878, and

A bill ''To make it a penal offense to poison any do-

mestic animal, or to expose any poisonous substance

with the intent that the life of any animal shall be de-

stroyed thereby, or to procure, or counsel, or command

another to commit said crime."

On motion of Mr. Turner, of the 7th, leave of absence,

for to-day, was granted Mr. Duncan on special business.

The adverse reports on the following bills of the Senate

were, severally, agreed to and the bills, therefore, lost,

to-wit:

A bill "To modify the common school laws of Geor-

gia so far as to authorize the people of the respective

school districts in said State to elect their trustees, who

shall have the sole right of selecting their own teachers,

except in towns and where otherwise provided by law,"

and
A bill "Requiring plaintiffs in .ft. fa. to take property upon which they have caused their .ft. fas. to be levied at

its appraised value, or sell the same at their own risk, and

for other purposes.''

On motion of Mr. Holton, the Senate took up as the re-

sr

port of the Committee of the Whole, the recon~mitted bill

'' To carry into effect article 2, section 5, of the Constitu-

tion of this State," etc. The same was recommitted to the Committee on the

Judiciary, who reported adversely to . the passage of the

same.

Mr. Holton moved that the Senate disagree to the re-

port of the Judiciary Committee, and on this proposition

required the yeas and nays to be recorded.

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

Bower Bryan,' Cabaniss, Candler Clements of t!Je 15th,
Clements of the 44th, Clifton, Drake, DuBose,

Folks,

Perry,

Grantland,

Preston,

Hamilton of the 14th, Simmons,

Hawkins.

Staten,

Head,

Stephens,

Hodges,

Tison of the lOth,

Holton,

Troutman,

Hudson,

Turner.

McLeod,

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

Boyd, Casey, Clarke, Cumming,

Fain, Grimes, Harrison, Lumpkin,

McDaniel, Tison gf the 4th, Wellborn,
MR. PRESIDENT.

Yeas, 26. Nays, 12.

So the report of the Judiciary Committee was dis-

agreed to.

Mr. McDaniel moved to amend by inserting after the

word " whatever," the words '' for the purpose of in

fluencing votes."

Mr. Turner moved to amend by adding the following

proviso : "Provided, that nothing herein contained shall be

construed to operate against prescriptions by physicians."

Mr. Grimes proposed to amend by prescribing the pen-

alty as follows : '' Shall be punished by a fine of one dol-

lar without costs.''

Mr. Preston moved to amend by adding the following

proviso, to-wit : Provided, that nothing in this act shall

be construed to prevent the sale or furnishing such liquors

in case.s of sickness, nor to prohibit any person, at his

JOURNAL OF THE S:aN~TP:

home, from furnishing the same, when not used to in. fluence votes."

Mr. Boyd moved to amend by striking out in the first line the words ''any person,'' and insert in lieu thereof

the words "any dealer in !'pirituous liquors."

Mr. Grantland proposed the following as an amendment

to the proposed amendment of Mr. McDaniel, to-wit : ' Provided, nothing in this act shall be construed to allow

the sale of liquor within the prescribed limits." Mr. McDaniel accepted the same as an amendment to this pro-

posed amendment.

Mr. Cabaniss moved to amend the title of the bill by

striking therefrom, after the word " State" the words "an act," and inserting in lieu thereof the word ''and."

The previous question was called for and sustained.

The main question was put, to-wit: The proposed

amendment of Mr. McDaniel.

On this the ayes and nays were required to be recorded.

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

Boyd, Casey, Clarke,
Clifton, Fain,
Grantland,

Grimes, Hamilton of the 4th, Harrison,
Hawkins, Hr;well,
Lumpkin,

McDaniel, Russell, Tison of the 4th, Wellborn,
MR. PRESIDENT.

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

Bower, Bryan, Cabaniss,
Candler, Clements of the 15th, Clements of the 44th,
Cumming, Drake,

DuBose, Folks, Head, Hodges, Holton, Hudson, McLeod,

Perry, Preston, Simmons, Staten, Stephens, Troutman, Turner.

Ayes, 17. Nays, 22. So this amendment was not adopted.

The question recurred upon the amendment proposed by Mr. Turner, which was adopted.

The next proposition submitted to the Senate was the

amendment as offered by Mr. Grimes. On the question

53

of its adoption the yeas and nays were required to be re-

corded.

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

13oyd,
'Casey, Cumming,

Grimes,
Harrison, Lumpkin,

McDaniel, Tison of the 4th,

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

Bower, Bryan, Cabaniss, Candler, Clarke, Clements of the 15th, Clements of the 44th, Clifton, Drake,
DuBose, Fain,

Folks, Grantland, Hamilton of the 14th, Hamilton of thp, 21st, Hawkins, Head, Hodges, Holton, Howell,
Hudson, McLeod,

Perry, Preston, Russell, Simmons, Staten, Stephens, Tison of the 10th, Tn,utman, Turner,
WelllJorn, 1\IR. PRESIDENT.

Ayes, 8. Nays, 33

So the amendment was not adopted.

The question recurring on the proposed amendment of

Mr. Preston, the same was so divided in its presentation

to the Senate, on motion of Mr. Clark, as to act first on

that provision which excludes from the operation of the

act, cases where intoxicating liquors are administered for

medicinal purposes, and this part of the amendment was

not adopted.

The remaining clause was then submitted, and the yeas

and nays thereon were required to be recorded.

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

Boyd,
Casey, Clarke, Clifton, Fain, Grimes,

Hamilton of the 14th,
Hamilton of the 21st, Harrison, Hawkins, Howell, McDaniel,

Preston,
Russell, Tison of the 4th, Tr utman, Wellborn, MR. PRESIDENT.

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

Bower,
Bryan, Cabaniss, C>:tndler,
Clements of the 44th, Cumming, Drake, DuBose,

Folks,
Grantland, Head, Hodges,
Holton, Hudson, Lumpkin McLeod,'

Perry, Simmons, Staten, Stephens,
Tison of the 10th1 Turner.

Ayes, 18. Nays, 22.

54

JouRNAL OF THE SENATE

So the amendment was not adopted.

The amendment proposed by Mr. Boyd was submitted, and not adopted.

The proposition of Mr. Cabaniss to amend the title to the bill, was next submitted to the Senate, and on this, the ayes and nays were required to be recorded.

Those who voted in the affirmative are, to-wit-:\fessrs.

Boyd, Bower, Bryan, Cabaniss, Candler, Clarke, Clements of the 44th, Clifton, Drake,
DuBose Fain,

Folks, Grantland, Hamilton of the 14th, Hawkins, Head,
Hodge~,
Holton, Hudson, Lumpkin, McDaniel, McLeod,

Perry, Preston, Simmons, Staten, Stephens, Tison of the 10th, Troutman, Turner, Welborn, MR. PRESIDENT.

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

Casey, Cumming, Grimes,

Hamilton of the 21st, Harrison,

Ayes, 32. Nays, 7

So the amendment was adopted

Howr>ll, Tison of the 14th.

The report, as amended, was agreed to.

The bill was re"'d the third time, and, on the question of

its passage, as amended, the yeas and nays were required to be recorded.
Those who voted in the affirmative are, to-wit-Messrs.

Bower, Bryan, Cabaniss, Candler, Clements of the 14th, Clifton, Drake, DuBose,

Folks, Grantland. Hamilton of the 14th, Hodges, Holton, Hudson, McLeod, Perry,

Preston, Simmous, Staten, Stephens,
Tion of the lOth, Troutman, Tnrner.

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

Boyd, Casey, Clarke, Clements of the 44th,
Cumming, Fain,

Hamilton of the 21st.,
Harrison, Hawkins, Head, Howell. Lumpkin,

McDaniel,
Hussell,
Tison of the 4t!J, Wellborn, MR. PRESIDE:-!'!'.

Ayes, 23. Nays, I8.

}ULY 16, 1879

ss

So the bill was passed, as amended, by a constitutional majority.
Mr. Grimes gave notice that he should move a reconsideration of the same.
Mr. Howell, with consent of the Senate, introduced the following bill, which was read the first time, and referred to the Judiciary Committee, to wit:
A bill "To organize the Medical Board of Georgia, and prescribed the duties of the members."
The Senate, on motion, adjourned until 10 o'clock a. m., to-morrow.

m.} SENATE CHAMBER,
Wednesday, July 16, 1879, 10 o'clock, a.

The Senate met pursuant to adjournment, the President

in the Chair.

Prayer by the Rev. Mr. Clarke, of the 1 Ith District.

On the call of the roll, the following Senators answered

to their names, to wit-Messrs.

Boyd, Bower, Bryan, Cabaniss, Candler, Casey, Clarke, Clements of the 15th,
Clements of the 44th, Clifton, Cumming,
Drake, DuBose, Fain,

Fain, Grantland, Grimes, Hamilton of the 14th, Hamilton of the 21st, HarriRon, Hawkins Head, '
Hodges, Holton, Howell,
Hudson, Lumpkin, McDaniel,

McLeod, Perry, Preston, Russell, Simmons, Staten, Stephens,
Tison of the 4th, Tison of the lOth, Troutman, Turner,
Well horn,
.Mn. PnESIDEN'r.

The journal was read and approved.

Mr. Grimes moved a reconsideration of so much of the

journal of yesterday as relates to the passage of the bill

"To carry into effect article 2, section 5 of the Constitution of this State, and prohibit the sale, etc., of intoxica-

ting liquors within two miles of any election precinct on election days."

JouRNAL OF THE SENATE
Mr. Holton moved to lay the motion to reconsider on the table. This motion prevailed.
Mr. McDaniel, chairman of the Judiciary Committee, made a report on certain bills, which was read.
The following bills were read the second time, and passed to a third reading, to-wit :
A bill "To establish the State line between Georgia and North Carolina, so far as the same is the line between Rabun County in Georgia, and Macon County in North Carolina, and to provide for the survey of the same;" and
A bill ''To incorporate the Georgia Telephone Company, and to define the objects, rights, powers, privileges and liabilities of the same.''
The Senate took up for a second reading the bill ''To repeal an Act entitled an act to repeal section 4323 of the revised Code of 1873, to prescribe for the punishment of persons convicted of murder, and for other purposes, approved December 16th, 1R7R, and to re-enact and declare of full force, said section 4323, which prescribes the punishment for the crime of murder in this State."
The same had been referred to the Committee on the Judiciary. A majority of said committee reported adversely to the passage of the bill, and the minority in favor thereof.
Mr. Lumpkin moved that the Senate disagree to the adverse report or the majority of said committee.
Pending discussion of this motion, the hour of I I o'clock a. m. arrived, and the special order for that hour being announced by the President, the same was discharged until the matter pending was disposed of, and the motion to
disagree to the adverse report of the majority of the Ju-
diciary Committee was resumed. After discussion thereon, Mr. Hodges called for the pre-
vious question. The call was sustained and the main question was put,
to-wit: the motion to disagree to the report of the majority

JuLY 16, 1879.

57

of the Committee on the Judiciary, which was adverse to

the passage of the bill.

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

Boyd, Clarke, Clements of the 15th, Clements of the 44th, Clifton, Cumming, Drake,
DuBose, Duncan,

Folks, Grantland, Grimes, Hamilton of the 14th, Hawkins, Howell, Hudson,
Lumpkin, McDaniel,

McLeod, Perry, Russell, Staten, Tison of tlw 4th. Tison of the lOth, Troutman,
Turner, Well born.

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

Bower, Bryau,
Cabaniss, Candler, Casey,

Fain, Hamilton of the 21st,
Harrison, Head, Hodges,

Holton, Preston,
Simmons, Stephens, MR. PRESIDENT.

Ayes, 27. Nays, 15.

So the motion to disagree to the majority report was

agreed to, and the bill being read the second time, was

passed to a third reading.

The Senate took up as the report of the Committee of

the Whole on the special order for the day, to-wit: A bill

''To provide for the cancellation of the record of deeds

made to secure debts, mortgages, and other liens, required

by law to be recorded in the clerk's office of the Superior

Courts of this State, and for other purposes."

Mr. Bower offered as a substitute therefor, a bill "To

provide for the cancellation of the record of deeds, mort-

gages, etc., 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 a constitutional majority, there being ayes, 25 ; nays, 3

The rules were suspended, on motion, for the introduc-

tion of new matter, when the following bills were intro-

duced, read the first time, and referred to the Judiciary

Committee, to-wit:

By Mr. Howell-

A bill "To create a board of Pharmaceutic Examiners

jOURNAL OF THE SENATE
to grant license to sell drugs and medicines, to regulate the sale of the same, and to prescribe certain regulations for said board. ''
By Mr. HodgesA bill'' To fix the time of the monthly sessions of justices of the peace and notaries public, carrying into effect paragraph 3, section 7, article 6 of the Constitution." By Mr. TroutmanA bill " To amend section 3,698 of the Revtsed Code of Georgia." By Mr. CliftonA bill ''To prevent persons from hunting and fishing on the lands of another, in this State, without the written consent of the owner thereof, and for other purposes," and By Mr. StephensA bill ''To regulate the publication and sale of the Supreme Court Reports and to fix the salary of the Reporter." Mr. Parks introduced a bill which was read the first time and referred to the Committee on Finance, to-wit: A bill ''To define by re-survey, the county lines of thiState, when the same are unknown or are in dispute, and for other purposes."
The Senate, on motion, adjourned until 10 o'clock, a.m., to-morrow.

SENATE CHAMBER, } TlmrsdaJ', July 17, 1879, 10 o'clock, a. m.

The Senate met pursuant to adjournment, 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:

Bower,
Bryan, Casey, Clarke,

Hamilton of the 14th, Hamilton of the 21st, Harrison, Head,

Preston, Russell, Simmons, Staten,

59

Clements of the 15th, Clements of the 44th,
Clifton, Cumming, Drake, Folks, Grantland,
Grimes,

Hodges, Holton,
Howell, Hudson, Lumpkin, :McDaniel, McLeod,
Perry,

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

The journal was read and approved.

Leave of absence, on motion of Mr. Preston, was granted Mr. Cabiness and Mr. Boyd on account of sickness.

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

ter, the following bills were introduced, read the first time,

and referred to the Judiciary Committee, to-wit:

By Mr. McDaniel-

A bill "To amend section 2638 of the Code of 1873, which renders void contracts for the sale of goods for fu-

ture delivery, where the parties are aware that the seller

expects to purchase himself to fulfill his contract, being a

mere speculation upon chances by providing that no agent of purchaser or seller in case of such illegal transaction,

shall recover from his principal money advanced to the lat-

ter, or expended for his benefit in:connection with such contract, and that either party may recover from the other,

or from the agent of either party, any money or other thing of value, hypothecated or paid in furtherance or in consequence of the contract."

By Mr. LumpkinA bill "To provide that motions for new trial in the Su-

perior Courts of this State shall not be entered on the minutes, and for other purposes.''
By Mr. Preston-

A bill ''To alter and amend section 4370 of the revised

Code of Georgia."

By Mr. Simmons-

A bill ''To amend section 4527 of th(revised Code of 1873"
By Mr. Tison of the 14th-

6o

JouRNAL OF THE SENATE

A bill "To define the rights and duties and regulate the liabilities of warehousemen in certain cases."
By Mr. Lester-
A bill "To prescribe the salaries of the Judges of the Supreme Court and the Judges of the Superior Courts of this State," and
By Mr. Troutman-
A bill "To protect employers and employes against the violation of contracts for labor, and for other purposes."
The following bills were introduced, read the first time and referred to the Committee on Finance, to-wit:
By Mr. McDaniel-
A bill "To provide for the choice of arbitrators in cases of disagreement upon returns of corporations, companies, persons or institutions required by law to make returns for taxatioP to the Comptroller General, and of assessment by the Comptroller General," and
By Mr. RussellA bill ''To repeal an act entitled an act to regulate the manner of giving in lands for taxation and the sale and redemption thereof, and for other purposes,' " approved Feb ruary 28, I874 Mr. Tison of the 4th District introduced a bill "To au thorize the taxable inhabitants of any incorporated city, town or village to have their charters amended or for a total surrender of their charters," etc. The same was read the first time and referred to the Committee on Corporations. Ml-. Stephens introduced a bill "To carry into effect article 7, section I 7 and paragraph I, of the Constitution of Georgia, prescribing the manner, terms and specifications for letting the public printing to the lowest responsible bidder." The same was referred to the Committee on Public Printing.

The following privileged resolution was introduced by Mr. Perry, and agreed to, to-wit:
Resolved, That a seat on the floor of the Senate be tendered to the Hon. George R. Black, former member of this body, during his stay in the city.
Leave of absence, on motion of Mr. Howell, was granted Mr. Hamilton of the 14th for a few days.
Mr. Preston offered the following resolution, which was read and agreed to, to wit :
Resolved, That a seat on the floor of the Senate be tendered to ex-Senator W. F. Jordan during his stay in this city.
Mr. Grantland offered the following privileged resolution, which was read and agreed to, to-wit:
"Rtsolved, That a seat upon the floor of the Senate be tendered to Col. }as. S. Boynton."
Mr. McDaniel offered the following resolution, which was, on motion, taken up, read and agreed to, to-wit:
"Resolved, That a standing committee of six shall be appointed on public health."
Under this resolution the President announced the following Senators as said committee, to-wit: Messrs. DuBose, Drake, Casey, Folks, Bryan and Turner.
On motion of Mr. Pryston, the Senate took upas the report of the Committee on the Whole, the bill 'To pro_ vide for the classification of convicts in this State, and for other purposes. "
The same was, on motion of Mr. Bryan, laid on the table for the present.
The Senate took up, as the report of the Committee of the Whole, the bill "To establish the State line between Georgia and North Carolina, so far as the same is the line between Rabun county, in Georgia, and Macon county, in North Carolina."
The report was agreed to.

62

JouRNAL oF THE SENATE

The bill was read the third time and passed by a constitutional majority, there being ayes, 27 ; nays, o.

The bill "To incorporate the Georgia Telephone Company and to define the objects, rights, powers, privileges and liabilities of the same," was taken up for a third reading, and, on motion of Mr. Clarke, recommitted to the Com-

mittee on Corporations. The Senate took up, as the report of the Committee of
the \Vhole, the bill "To repeal an act entitled an act to

repeal section 4323 of the revised Code of 1873 to prescribe the punishment of persons convicted of murder, and for other purposes, approved December 16, 1878, and to re-enact and declare of full force said section 4323, which prescribes the punishment for the crime of murder in this

State." :rhe 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.

Clarke, Clements of the 15th, Clements of the 44: h,
Clifton, Cumming, Drake, DuBose, Duncan,
Folks,

Grantland,
Grimes, Hamilton of the 14th, Hamiltcn of the 21st,
Hawkins, Howell, Hudson, Lumpkin,

McDaniel,
McLeod, Perry, Staten, Tison of the lOth, Troutman, Turner,
Wellborn.

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

Bower, Bryan, Casey, Fain,

Harrison,
Head, Hodges, Holton,

Preston, Simmons, Stephens,
.MR. PRRSIDE:'IT.

Ayes, 25. Nays, 12.

So the bill was passed by a constitutional majority.

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

the Whole, the bill ''To amend section 4528 of ths Code

of 1873, in relatron to carrying deadly weapons to public

places, so as to make the penalty in such cases the same

as in misdemeanors generally."

Jun 17, r879.
The same having been recommitted to the Judiciary Committee, the same committee recommended that it do pass by substitute.
Mr. Wellborn moved to disagree to the report of the Judiciary Committee.
Mr. Bryan moved that the whole subject matter pending be indefinitely postponed.
This motion did not prevail, and the question recurred on the motion to disagree to the report of the Judiciary Committee.
Mr. Cumming moved to amend the report of said committee as follows: ''But the provisions of this section of the Code shall apply only to the carryipg pistols, Bowie knives and dirks, and weapons of a like character."
Mr. Bryan proposed to amend the said report by the following to-wit: "Except wherein the same refers to any place of public worship.''
Pending discussion on this measure, the entire subject matter was, on motion of Mr. Hawkins, recommitted to a special committee of five.
The President appointed as said committee, Messrs. Hawkins, Welborn, Perry, Hodges and Cumming.
On motion of Mr. Fain, leave of absence was granted Mr. Head for a few days on important business.
Mr. McDaniel, Chairman of the Judiciary Committee, repot'ted back to the Senate the following bills, asked to be discharged from their further consideration, and recommended their reference to the Committee on Public Health, to-wit:
A bill ''To create a Board of Pharmaceutic Examiners to grant license to sell drugs and medicines, to regulate the sale of the same, and to prescribe certain regulations for said Board,'' and
A bill "To organize the Medical Board of Georgia, and prescribe the duties of its members.~'

JoURNAL OF THE SENATE
The same were referred to the Committee on Public Health.
On motion of Mr. Holton, the rules were suspended, when he introduced a resolution in reference to the counterfeiting and forgery of land grants in this State.
Mr. DuBose moved that the same be referred to the Committee on the State of the Republic, and this motion prevailed.
The Senate took up as the report of the Committee of the Whole, the reconsidered bill "To provide for allowing defendants. in cases of the levy of distress warrants to replevy property distrained in jauma pauperis.
The Judiciary Committee, to whom the same was recommitted, reported in favor of its passage, by a substitute.
The substitute was adopted. The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 25 ; nays, of The Senate took up as the report of the Committee of the Whole, the reconsidered bill ''To declare in what man manner a judgment lien on tranferred property may be lost, and for other purposes." The ] udiciary Committee, to whom the same was recommitted, submitted a majority report against, and a minority report. in favor of the passage of the bill. Mr. Preston moved to make the pending subject matter the special order for to-morrow. Mr. DuBose moved to amend this motion by making it the special order for Wednesday next. On motion of Mr. Harrison, these motions were laid on the table. Mr. Wellborn moved that the Senate adopt the minority in lieu of the majority report of the Judiciary Committee. Pending discussion on the adoption of the minority re port in lieu of the majority, Mr. Preston having the floor, Mr. Wellborn moved that the Senate adjourn.

JuLY 18, 1879

6s

This motion prevailed, and the President declared the Senate adjourned until 10 o'clock a. m., to morrow.

SENATE CHAMBER, } Fnday, fuly 18, 1879, 10 o'clock, a. m.

The Senate met pursuant to adjournment, the President

in the chair. Prayer by the Rev. Dr. Gwin. On the call of the roll, the following Senators answered

to their names :

Bower, Brvan,
Cabaniss, Candler Casey, ' ClarJ,e. Clement of the 15th, Clement of t!Je 44th,
Clifton, Cumming, Drake,
DuBose, Fain,

Folks, Grantland, Grimes, Hamilton, of the 21st, Harrison, Hawkins, Hodges, Holcomhe,
Holton, Howell, Hudson,
Lumpkin, McDaniel,

McLeod, Peny, Preston, Rnssell, Staten, Stephens,
Tison of the 4th. Tison of the 1Oth, Trontman, Turner,
Wel!Jorn,
Mil. PRESIDE:-.-T.

The journal was read.

Mr. McDaniel moved a reconsideration of so much of

the journal of yesterday as relates to the passage of the

bill "To repeal an act entitled ' an act to repeal section

4323 of the revised Code of 1873, to prescribe the punishment of persons convicted of murder, and for other pur-

poses, approved December 16th, 1878, and to reenact and declare of full force, said section 4323, which prescribes the punishment for the crime of murder in this State.' "
On motion of Mr. Lumpkin, the motion to reconsider was laid on the table.

Mr. Candler rose to a question of privilege, and made
an explanatory statement in relation to the subject matter of an article appearing in the Atlanta Constitutio1t of this
date, which article referred to him as a member of the Wild La~ds Committee.

5

66

JoURNAL OF THE_SENATE

The Senate resumed consideration of the unfinished. business of yesterday, to-wit:
The reconsidered bill ''To declare in what manner a Judgment lien on transferred property may be lost, and for other purposes.''
The Judiciary Committee, to whom, the same was re. committed, presented a majority report against and .a minority report in favor of the bill.
At the period of adjournment yesterday, the question pending was the motion of Mr. Wellborn to adopt the minority in favor of the majority report.
Mr. McDaniel, from the Committee on the Judiciary, by request of the majority of said committee, offered to amend the minority report as follows, to-wit:
I st. By adding to the first section, the following proviso: ''That this act shall not apply to cases pending in court, and that the time to be counted under this act in favor of the purchaser, shall, in no case begin before the passage of this act.
By adding at the end of this proviso, the following:
'' But no right of any purchaser or property subject to the lien of a judgment under existing laws shall be affected by this act."
Also, to amend by adding the following to section 1st,
''Provided, The statute of four years limitation (in case of real estate), shall commence to run in favor of the pur. chaser from the time of the recording of his deed, and not from the time of the purchase."
The foregoing amendments were severally agreed to. The minority report, as amended, was agreed to.
The bill was read the third time, and on the question of its passage, as amended, the a yes and nays were required to be recorded.
Those who voted in the affirmative are, to.wit-Messrs.

JuLY 18, 18]9

Clements of the 15th, Clifton, Cumri1ing,
Drake, Duncan, Folks,

Grime~,
Hamilton of the 21st., HarriRon,
Hodges, Howell, Hndson,

Lumpkin, Preston, Tison of the 4th, Turner, Wellborn,
MR. PHESIDENT.

Those who voted in the negative are, to-wit-Me?srs.

Bower,
Bryan, Cabiniss, nlarke, DuBose,

Fain,
Granrland, Holcombe, Holton. :McDaniel,

McLeod.
Perry, Hussell, Staten, Tison of the 10th.

Ayes, 18. Nays, 15.

So the bill not having received a constitutional majority,

was lost.

On motion of Mr. Cabaniss, the Senate took up as the

report of the Committee of the Whole, the bill of the

House ''To change the charter of the University of Geor-

gia, so as to add four additional trustees to the board, and

give the election of said trustees to the Georgia State Ag-

ricultural Society, and for other purposes."

The report was agreed to.

The bill was read the third time, and passed by a consti-

tutional majority, there being ayes, 26; nays, o.

The following message was received from His Excel-

lency, the Governor, through Mr. Avery, his Secretary,

to-wit:

Mr. Prestdent:

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.

Mr. Clarke, from the Committee on Corporations, to

whom the bill ''To incorporate the Georgia Telephone

Company," etc. etc., which had been recommitted to said

committee, made a report thereon, which was read.

On motion ofMr. Howell, the foregoingbillwasreferred

to the Judiciary Committee with instructions to enquire

and report as to whether the same be a general or special

bill.

t58

) OURNAL OF THE SENATE

Mr. McDaniel, chairman of the Judicrary Committee, made a report on certain bills, which was read.

On motion of Mr. Bryan, the Senate went into executive session, and having spent some time therein, returned to open session.

The Senate took up as the report of the Committee of the Whole, the bill "To amend an act to change the fiscal year so the same begin on the first day of October, and end on the 30th day of September of each year," approved December 16th, 1878.

The report was agreed to.

The bill was read the third time and passed by the required constitutional majority, there being ayes, 27; nays, o.

The Senate took up as the report of the Committee of the Whole, the bill "To make it a penal offense to poison any domestic animal, or to expose any poisonous :::.ubstance with the intent that the life of any animal shall be destroyed thereby, or to procure, counsel or command another to commit said crime."

The Judiciary Committee, to whom the same was re

ferred, reported in favor of its passage by substitute.

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 as amended, the yeas any nays were required to

be recorded.

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

Bower, Bryan, Cabaniss, Candler,
Casey, Clarke, Clements of the 15th Clements of the 44th, Clifton, Cumming,
Drake,

DnBoRe, Duncan, Fain, Folks, Grantland, Hawkins, Holcombe, Holton, Howell, Hudson, Lumpkin,

McDaniel, 1\TcLeod, Perry, Preston, Russell, Staten,
Stephens, Troutman, Turner, Wellborn,
Mn. PREbiDENl'.

jULY IS, 1879

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

Grime~.
.Q;Iatrison,

Hntlges,

Tison, of the lOth,

Ayes, 33 Nays, 4 So the bill, as amended, was passed by a constitutional

majority. The following bills were taken up for a second reading,

and, on motion, laid on the table, to-wit :

A bill '' To amend section 3698 of the revised Code of

Georgia," and A bill "To authorize the. taxable inhabitants of any

incorporated city, town or village to have their charters

amended, or for a total surrender of their charters," etc.

The bill '' To amend paragraph 5 of section 2484 of

the Code of 1873 of Georgia as to inheritance," etc., was

taken up for a second reading. The adverse report of the

Judiciary Committee was agreed to and the bill was, there fore, lost.

By consent of the Senate, Mr. Clifton, the mover, with-

drew the bill " To prevent per-ons from hunting and fish-

ing on the lands of another, in this State, without the

written consent of the owner thereof and for other purposes."

The bill ''To require the owners of property, whether

real, personal or mixed, to give i;J and pay the tax upon

the same in the county where the pL)perty is located, kept

or used," being taken up for a th1rd reading, was, on

motion, recommitted to the Finance Committee.

The Senate took up for a second reading the bill of the

House " To provide for carrying into effect sentence in

certain criminal cases and for other purposes." The same

which wao; lost by the Senate's agreement to the adverse

report of the Judiciary Committee and reconsidered and

recommitted to said committee, was again reported upon adversely.

Mr. Cabaniss moved to disagree to said report. Pend-

ing discussion of this motion Mr. Howell moved that this

70

JoURNAL OF THE SENATE

day's session ofthe Senate be extended until the measure

pending be disposed of, and that when the Senate adjourn

it do adjourn until 10 o'clock, a. m., Monday. On motion

of Mr. Russell the motion to extend the session was so

amended as to include in the business of the morning the

introduction of a bill by him.

Mr. Preston called for a division of the question.

The President first submitted to the Senate the proposi

tion to extend the session for the purpose mentioned. This

motion prevailed.

The question of adjournment until 10 o'clock, a. m.,

Monday, was then submitted, and on this the ayes and

nays were required to be recorded.

Those who voted in the affirmative are, to-wit-~[essrs.

Boyd, Bower Bryan,' Cabaniss. Candler, Casey, Clements of the 15th,

Clifton. Cummin" DuBose,"''
Gritnes, Harrison. Hawkins,

Holton, Lumpkin, Perry,
Hussell. Troutrnan,
MR. PRESIDENT.

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

Clarke, <nements of the 44th,
Drake, Duncan, Fain. Folks, Grantland,

Hamil tnn on the 21st.

Hodges,



Holcombe,

HowPll.

Hudson,

.McDaniel,

McLeod,

Ayes, 19; nays, 20.

Preston. Staten, Stephens, Tison of the lOth, Turner, Wellborn.

So the motion to adjourn until 10 o'clock, a. m., Monday,

did not prevail.

The question then recurred upon the motion of Mr.

Cabaniss to disagree to the report of the ] udiciary Com-

mittee on the pending bill, the same being adverse to the

passage of the bill.

On this proposition the ayes were 14 and the nays were 14

There being a tie, the President then submitted the

question of agreeing to the report of the ] udiciary Com

mittee.

On this the ayes and nays were required to be recorded.

71

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

Boyd, Bower,
Candler,
Clarke, Cumming,
Fain, Grantland,

Grimes, Hamilton of the 21st
Harrison, Hawkins, Holcombe, Holton, Howell,

Lumpkin, McDaniel,
Perry, Preston. Staten, Tison of the 10th,
Troutman,
Wellborn,

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

Bryan,

Drake,

Cabaniss,

DuBose,

Casey,

Duncan,

Clements of the 15th, Folks,

Clements of the 4!th, Hodges,

Clifton,

Hudson,

McLeod,
Rw'SI'll, Stephens, Turner, MR. PRESIDENT.

Ayes, 22. Nays, 17.

So the adverse report of the Judiciary Committee was

agreed to, and the bill, therefore, lost.

Mr. Russell introduced a bill ''To abolish the Wild Land

Department of the office of the Comptroller-General, and

for other purposes," which was read the first time and re-

ferred to the Committee on Finance.

The Senate then adjourned until 10 o'clock, a. m., to-

morrow.

SENATE CHAMBER,

}

Saturday, July r9, I 879, 10 o'clock, a. m.

The Senate met pursuant to adjournment, Mr. Howell,

President pro tem. , in the chair.

Prayer by the Rev. Mr. Macalla.

On the call of the roll the following Setldtors answered

to their names, to-wit :

Boyd, Bower, Bryan,
Cabaniss, Candler, Casey, Clarke,
Clements of the 15th, Clements of the 44th, Clifton,
Drake,
DuBose,

Duncan, Fain, ~o!ks, Gnmes,
Grantland, Harrison, Hawkins, Hodges,
Hlcombe, Holton, Howell,
Hudson,

Lumpkin, .McDaniel, .McLeod, Perry, Russell, Staten, Stephens, Tiwn of the 4th,
'fimn of the lOth, Troutman, Turner,
Wellborn.

72

}OURNAL OF THE SENATE

The journal was read and approved.
On motion of Mr. Cabaniss, leave of absence for this day was granted the President, Mr. Lester.
On motion of Mr. Grimes, leave of absence was granted Mr. Preston for a few days.
On motion of Mr. Troutman, leave of absence was granted Mr. Hamilton of the 2 rst, on account of sickness in his family.
Mr. McDaniel, chairman of the Judiciary Committee, made a report on certain bills, which was read.
The bill "To prescribe the salaries of the Judges of the Supreme Court and of the Judges of the Superior Courts of this State," was taken up for a second reading and, on motion of Mr. McDaniel, laid on the table, subject to the call of the President.
The bill ''To amend section 45 27 of the revised Code of 1873" was taken up for a second reading and, on motion of Mr. Holcombe, laid on the table, subject to the call of the Senator from the 41st district.
The bill ''To define the rights and duties and regulate the liabilities of warehousemen in certain cases," was taken up for a second reading, the Judiciary Committee having reported adversely thereon.
The adverse report of the said committee was agreed to, and the bill, therefore, lost.
On motion of Mr. McDaniel, the bill "To protect employers and employes against the violation of contracts for labor and for other purposes," was recommitted to the Judiciary Committee.
The following bills were read the second time and passed to a third reading, to-wit:
A bill ''To alter and amend section 4370 of the revised Code of Georgia."
A bill ''To provide that motions for new trials in the Superior Courts of this State shall not be entered upon the minutes," and

73
A bill 'To amend section 2638 of the Code of 1873, which renders void contracts for the sale of goods for future delivery, where the parties are aware that the ~eller expects to purchase himself to fulfil his contracts, being a mere specubtion upon chanLes, by providing that no agent of purchaser or seller, in cases of such illegal transactions shall recover from his principal money :advanced to the latter, or expended for his benefit in connection with such contract, and that either p;:~rty may recover from the other, or from the agent of either party, any money or other thing of value hypothecated or paid in furtherance or in consequence of the contract."
The bJ!l 'Defining lobbying, and prescribing punishment for the same," was taken up for a second reading.
This bill was referred to the Judiciary Committee, who reported in favor of its passage by substitute.
The bill was read the second time, and, on motion of Mr. McDaniel, 100 copies of the substitute reported by the Judiciary Committee were ordered to be printed for the use of the Senate.
The Senate took up as the report of the Committee of the Whole, the bill ''To fix tbe fees to be paid to ordinaries and surveyors, by applicants for the homestead and exemptions under the provisions of the Constitution of 1877.,
The Judiciary Committee, to whom the same was referred, reported in favor of its passage by substitute.
Mr. Bower proposed to amend the substitute, as reported, by adding the following proviso, to-wit :
''Provided, The provisions of this act shall not apply to any ordinary or surveyor now in office."
This amendment was not 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, the ayes and nays were required to be recorded.

74

]OURNAL OF THE SENATE

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

Boyd, Candler, Clarke, Clements of the 15th, Clements of the 44th, Clifton, Drake, Dnncan,

Fain, Folks, Grimes. Hodges, Holcombe, Holton, Howell, Lumpkin,

McDaniel, McLeod, Perry, Rnssell, Staten, Turner, Welborn.

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

Bower, Bryau, Cabaniss, Casey,

DuBose, Hawkins, Hudson, Stephens,

Tison of the 4th,
Tison of the lOth, Trontman.

Ayes, 23. Nays, I I. So the bill, as amended, was passed by a constitutional majority.

The Senate, on motion, adjourned until 10 o'clock, a. m., Monday.

m.} SENATE CHAMBER,
Monday,July 21, 1879, 10 o'clock, a.

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

Prayer by the Rev. Dr. Gwin.

On the call of the roll the following Senators answered to their names:

Boyd, Bower, Bryan,
Cabaniss. Candler, ,
Casey, Clarke. Clements of the 15th, Clements of the 44th, Clifton, Cumming. DrakE>, DuBose,

Duncan, Fain, Folks,
Grantland, Grimes,
Harrison, Hawkins, Hodges, Holcombe, Holton, Howell. Hudson, Lumpkin,

McDaniel, McLeod, Perry, Russell, Simmons, 1:-ltatcn. 1:-ltephens, Tyson of the 4th, Troutman, Turner, Wellborn,
MR, PRESIDEN1".

The journal was read and approved.

Mr. Cabaniss, chairman of the Finance Committee, made

a report on certain bills, which was read.

Mr. Cumming, chairman of the Committee on the State

juLY 2I, 1879

75

of the Republic, made a report on a resolution in relation to fraudulent land grants, which report was read.
On the call of the roll for the introduction of new matter, the following bills were introduced, read the first time, and refereed to the Judiciary Committee, to wit:
By Mr. HoltonA bill "To amend section 1458 of the revised Code of this State of r87 3, in relation to the penalty for setting fire to woods, without notice," and By Mr. Lester, the PresidentA bill "To prevent cruelty to children." The Senate took up the following resolution, to-wit: " Whereas, Public attention has been called to the fact that grants of land, by the State of Georgia, have been counterfeited and forged to a great extent ; and "Wltereas, Great injury has resulted to a large number of the citizens of our State, by the issuing of these forged grants and under a counterfeited seal of the State, and ''Whereas, It is the duty of the State, not only to protect her own citizens against direct injury from the frauds thus perpetrated, but to maintain her own credit and fair fame. Therefore, "ResOlved by the Smate and House oj Representatives, That His Excellency, the Governor be, and he is hereby authorized and requested to offer a reward of one thousand dollars for the apprehension and delivery in any safe jail of this State, and with proof to convict, of any and all persons engaged in such forgeries, and illegal use of counterfeits of the great seal of the State." The Committee on the State of the Republic, to whom the same was referred, reported in favor of its adoption with the following amendment, to-wit: Amend by striking out all after the word ''offer," and insert in lieu of the part of the resolution so stricken, the following, to-wit: ''A suitable reward for the apprehension and imprison

JOURNAL OF THE SENATE
ment in any safe jail of this State, and for the furnishing proof for the conviction of any person feloniously implicated in such forgeries, and in the use of the counterfeits of the great seal of the State."
The amendment was agreed to, and the resolution, as amended, adopted.
On motion of Mr. Clark, the Senate took up as the report of the Committee of the Whole, the bill "To amend secthereof. tion 38 54 of the Code concerning witnesses."
The Judiciary Committee recommended that the same be amended by striking out the second and third sections
The amendments were agreed to. The report, as amended, was agreed to. The bill was read the third time, a'1d passed as amended, by a constitutional majority, there being ayes, 33 ; nays, o. The Senate, also, on motion of Mr. Clarke, took up, as the report of the Committee of the Whole, the bill ''To amend sections 3389 and 3390 of the Code, concerning the forms of actions." The Judiciary Committee recommended that the same do pass, with the following amendments, towit: Strike out the words ''to make" in the 1st section, and substitute the word '' that." Strike out the word '' available" in Ist section, and substitute the words ''may be used." Add the following as a proviso to the Ist section. " Provided, That the abstract of title may be amended at any stage of the proceedings, in form of substance." Mr. Cumming moved to amend by adding the following to the end of the 1st section, to precede the proviso proposed by the Judiciary Committee, to-wit : ' And pro7Jt'ded, The real original plaintiff has leave of the person whose name appears in the abstract of title to maintain the suit in his name." The foregoing amendments were adopted. The report, as amended, was agreed to.

JuLY 21, 1R79.

77

The bill was read the third time, and pas:;ed, as amended, by a constitutional majority, there being ayes, 3 I ; nays, 2.

The Senate took up, as the report of the Committee of the Whole, the bill ''To provide that motions for new

trials in the Superior Courts of this State, shall not be entered upon the minutes, and for other purposes."

The same was amended, on motion of Mr. Lumpkin, by

adding after word ''minutes," where it occurs in the title, the words " except by order of the presiding Judge."

The report, as amended, was agreed to. The bill was read the third time, and on the question of its passage, as amended, the ayes and nays were required to be recorded.

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

Boyd, Bower, Bryan, Cabaniss,
Candler, Casey,
Clements of the 15th, Clements of the 44th, Clinton, Cumming, Drake,

DuBose, Duncan, Fain, Folks,
Grantlm.:cl, Ha\\'kins,
Hodges, Holcombe, Holton, Howell, Hudson,

Lumpkin, McDaniel, McLeod, Perry, Russell,
Simmon~,
t-\tateu, Tison of the 4th, Turner,
MR. PRESIDENT.

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

Grimes, Harrison,

Stephen~.

Troutman.

Ayes, 32. Nays, 4 So the bill was passed, as amended, by a constitutional majority.

The Senate took up as the report of the Committee of the Whole, the bill "To alter and amend section 4370 of the revised Code of Georgia.''

The Judiciary Committee recomended that the same do pass, with the following amendments, to-wit :
Ist. Amend the title by adding thereto the words ''which relates to the description and punishment of the offense of shooting at a1nther." 2d. Amend the 1st section by inserting between the words '' months " and " or "

JouRNAL OF TME SENATE

in the 33d line, the words " or both," so that it will read " shall be punished by a fine not exceeding one tho1,1sand

dollars, or imprisonment in the common jail not exceeding

twelve months, or both, or confinement in the penitentiary not less than one, nor more than four years, in the discre-

tion of the Courts."

The amendments were adopted.

The report as amended, was agreed to.

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

its passage, as amended, the ayes and nays were required

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

Boyd, Bryan, Cabaniss, t 'andler, Casey,
Clarke, Clements of the 15th, C:lements of the 44th,
1 Iifton, Cumming, Drake,

DuBose, Duncan, Fain, Folks, Grantland,
Grimes, Hawkins, Holcombe.
Holton, Hudson, McDaniel,

McLeod, Perry, Russell, Simmons, Staten, Tison of the 4th, Troutman, Turner, Wellborn,
MR. PRESIDENT.

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

Bower, Harrison,

Hodges, Lumpkin,

St"phens.

Ayes, 32. Nays, 5. So the bill was passed, as amended, by a constitutional

majority. The Senate tnok up as the report of the Committee of

the Whole, the bill "To amend section 4159 of the Code

of 1873, in relation to the trial of claim cases in Justices'

Courts." The report wa<> agreed to. The bill was read the third

time and passed by a constitutional majority, there being ayes, 3 I ; nays, o.
The Senate took up as the report of the Committee of

the Whole, the bill '' To provide when and how certain suits may be brought against the Macon and Brunswick

Railroad. "

JuLY 2f, r8i9

79

The report was agreed to. The bill was read the third time and passed by a constitutional majority, there being ayes, 29 ; nays, o.
The Senate took up as the report of :the Committee of the Whole, the bill "To amend an act carrying into effect paragraph 2, section r8, article 6, of the Constitution of 1877, and for other purposes."
The report was agreed to. The bill was read the thirci time and passed by a constitutional majority, there being ayes, 34 ; nays, o.
The Senate took up, as the report of the Committee of the Whole, the bill "To provide for the compensation of jurors for services in Justices' Courts, and for other purposes."
The Judiciary Committee recommended the passage of the bill, with the following amendment, to-wit : " Amend section 1st by striking out "two dollars," and all balance of section, and inserting in lieu thereof '' one dollar and twenty-five cents, to be paid by the appellant and divided equally among the jurors, and taxed in the bill of costs, and said jurors shall not receive further compensation."
The amendment was adopted. The report as amended was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 28; nays, o. The following bills were read the second time and passed to a third reading, to-wit : A bill ''To repeal an act entitled an act to regulate the manner of giving in land for taxation, and the sale and redemption thereof, and for other purposes," approved February 28th, 1874 A bill "To abolish the wild land department of the office of the Comptroller General, and for other purposes." A bill '' To define, -.by resurvey, the county lines of this State, when the same are unknown or are in dispute, and for other purposes," and

8o

JouRNAL oF THE SENATE

A bill ''To provide for the choice of arbitrators in

cases of disagreement, upon returns of corporations, companies, persons or institutions required by law to make returns for taxation to the Comptroller General, and of assessment by the Comptroller General."

The bill ''To amend section 2638 of the Code of 1873, in relation to certain sales of property for future delivery," etc., was taken up for the third reading, and on motion,

was made the special order for Tuesday, the 22d instant,

and one hundred copies of the same ordered to be printed

for the use of the Senate. The bill "To require the owners of property, whether
real, personal or mixed, to give in and pay the tax upon the same in the county where the property is located, kept

or used," was taken up for a third reading, and on motion of Mr. Troutman, made the special order f~r Wednesday, the 23d instant.

The bill ''To define lobbying, and prescribe punishment [or the same," was taken up for a third reading, and on motion of Mr. YlcDaniel, was made the special order for

Monday, the 28th instant. On motion of Mr. fain, the Senate took up, as the

report of the Committee of the 'Whole, the reconsidered bill of the House of Representatives, 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 stock, etc., etc., and to increase the juris-

diction of justices of the peace, in cases arising under said act."
The Judiciary Committee reported adversely. :to the same.
On the question of agreeing to the said report, the ayes and nays were required to be recorded.
Those who voted in the affirmative are, to-wit-Messrs.

Bower. Cabani,s,
Cundler,

DuBose, Jo',,Jks, Grantland,

Hudsnn, Lumpkin, .McDuuiel,

}ULY 22, 1879

8r

Casey. Clarke, Cumming, Drake.

Grimes, Harrison, Hodges, Holton,

Perry, Simmons, Stephens.

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

Boyd, Bryan, Clements of the 15th, Clements of the 44th, Clifton, Duncan,

Fain, Hawkins, Holcombe, Howell, Russell. Staten,

Tison of the 4th, Turner, Wellborn,
MR. PRESIDENT.

Ayes, 20. Nays, 16.

So the same was agreed to, and the bill, therefore, lost.

Mr. Duncan, by permission of the Senate, introduced a

bill ''To alter and amend section 4161 of the Code of the

State of Georgia."

The same was read the first time, and referred to the

Committee on the Judiciary.

The Senate, on motion, adjourned until 10 o'clock, a.

m., to-morrow.

SENATE CHAMBER, } Tuesday, July zzd, 1879, 10 o'clock, a. m.

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

Prayer by the Rev. Dr. ]ones, Chaplain of the House of Representatives.

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

Boyd, Bower, Bryan, Cabaniss, Candler, Casey, Clarke, Clements of the 15th, Ciemeuts pf the 44th, . Clifton Cumming, ))rake,
DuBose, Duncan,
(j

Fain, Folks, Grantland, Grimes, Hamilton of the 21st, Harrison, Hawkins,
Hodges, Holcombe, Holton, Howell, Hudson, Lumpkin, McDaniel,

McLeod, Perry, Preston, Russell, Simmons, Staten, Stephens, Tison of the 4th, Tison of the lOth, Troutman, Turner, Wellborn,
MR. PRESiDE::.TT.

JouRNAL oF THE SENATE
The journal was read and approved. Mr. Stephens, chairman of the Committee on Public Printing, made a report on a certain bill, which was read. Mr. McDaniel, chairman of the Judiciary Committee, made a report on certain bills, which was read. Mr. DuBose, chairman of the Committee on Public Health, made a report on a certain bill, which was read Mr. Turner, chairman of the Committee on the Penitentiary, made a report on a certain bill, which was read. Mr. Hawkins, chairman of a Special Committee, to whom was referred a bill in relation to carrying deadly weapons, made a report thereon, which was read. On motion of Mr. Clements, of the 44th, leave of absence was granted Mr. Troutman, on account of the extreme illness of a relative. The following bills were taken up for a third reading, and, on motion of Mr. DuBose, laid on the table, for the present, owing to the absence of the mover, to-wit: A bill ''To abolish the Wild Land Department of the office of the Comptroller-General, and for other purposes," and A bill "To repeal an act, entitled an act to regulate the manner of giving in land for taxati(;)n, and the sale and redemption thereof, and for other purposes," approved February 28th, 1874. The Senate took up, as the report of the Committee of the Whole, the bill "To define, by resurvey, the county lines of this St;lJe, when the same are unknown, or are in dispute, and for other purposes." The Finance Committee recommended that the bill do pass, with the following amendments, to-wit:
''Amend section 4 by striking out the words 'or such other fees as they and the ordinary of the two counties may agree upou, not to exceed eight dollars per day,"' and insert at the end of said section the following:
paidi "And the time fo< which .Ud '"'veyo<> ><e to be

JuLY 22, 1879
shall include the time required in going to and returning home from the survey."
The same were adopted. The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 30; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill "To provide for the choice of arbitrators in cases of disagreement upon returns of corporations, companies, persons or institutions required by law to make returns for taxation to the Comptroller-General, and of assessment by the Comptroller-General." The report was agreed to. The bill was read the third time, and passed by a constitutional majority, there being ayes, 27; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill "To amend sectim; 4528 of the Code of 1873, in relation to carrying deadly weapons to public places, so as to make the penalty in such cases the same as in misdemeanors generally." The original bill and substitute reported by the Judiciary Commictee were referred to a special committee, who reported a substitute for the original bill and substitute. Mr. Lumpkin offered the substitute reported by the Judiciary Committee, in lieu of the substitute reported by the special committee. The same was not adopted. Mr. Holton moved to lay the whole subject matter pending on the table. This motion did not prevail. Mr. Holcombe moved to amend the substitute reported by the special committee, by striking therefrom the word "razors."
Mr. Bryan moved that the subject matter be indefinitely postponed ..
This motion did not prevail.

JouRNAL OF THE SENATE

The motion to amend by striking out the word "razors''

did not prevail.

The substitute of the special committee was adopted.

The report, as amended, was agreed to.

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

its passage, as amenued, the ayes and nays were required

to be recorded.

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

Boyd,
Bower,
Bryan, Candler,
Casey,
CCllearmkee~ts of the 15th, Clements of the 44th,
Clifton,

Cumming, Drake, DuBose, Duncan, Fain, Folks, Hawkins, Hodges, Holcombe,

Howell, McLeod, Perry, Russell. Simmons, Staten, 8tephens, Wellborn.

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

Cabaniss, Grantland, Grimes, Hamilton of the 21st, Harrison,

Holton, Hudson, Lumpkin, McDaniel, Preston,

Ayes, 26. Nays, 14.

'rison of the 4th, Tison of the lOth, Turner,
MR. PRESIDENT.

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

The hour of I I o'clock having arrived, the Senate took

up the special order for the day, to-wit: the report of the

committee on the bill ''To amend section 2638 of the Code

of 1873, which renders void contracts for the sale of goods

for future delivery, where the parties arc aware that the

seller expects to purchase himself to fulfill his contract,

being a mere speculation upon chances, by providing that

no agent of a purchaser or seller, in case of such illegal

transaction, shall recover from his principal money advanced

to the latter, or expended for his benefit, in connection

with such contract, and that either party may recover fr.om

the other, or from the agent of either party, any money,

or other thing of value, hypothecated or paid, in further-

ance or in consequence of the contract."

The report was agreed to.

JuLY 22, 1879.

ss

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-~fessrs.

B~~
Bryan, Candler, Casey. Clements of the 15th Clifton, Cumming, Drake, DuBose,
Duncan,

~~~
Hamiiton of the 21st, Ha,,kins, Hodges, Holcombe, Holton, Howell, Lumpkin, McDanicl,
McLeod,

Perry, Preston, Russell, Simmons,
Staten, Tison of the 4th Tison of the lOth Turner,
Wellborn.

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

Bower,

Grantland,

Cabaniss,

Grimes,

Clements of the 44th, Harrison,

Huclson,
MR. PRESIDENT.

Ayes, 29. Nays, 8.

So the bill was passed by a constitutional majority.

The bill "To incorporate the Georgia Telephone Com-

pany," etc., was, on motion, laid on the table.

The following bills were read the second time, and passed to a third reading, to-wit:

A bill ''To repeal an act of the General Assembly of Georgia, approved February 25th, 1876, or any other act or amendments which authorize the leasing or hiring of the penitentiary convicts to private individuals, companies or corporations, and to authorize the Governor and principal keeper to work said convicts in quarrying rock, to open, repair and construct public roads, railroads, bridges, etc., and forother purposes."

A bill "To amend section 1458 of the revised Code of this State, of 1873, in relation to the penalty for setting fire to woods without notice."

A bill ''To carry into effect article 7, section I 7, and paragraph rst of the Constitution of Georgia, prescribing the manner, terms and specifications for letting the public printing to the lowe~t responsible bidder," and
A bill ".To require the record of colors of title, and to

86

JouRNAL OF THE SENATE

prescribe the application of the statue of limitations, m favor of possession under same."
The 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, Berrien," etc., was taken up for a second reading.
The adverse report of the Judiciary Committee thereon, was agreed to, and the bill, therefore, lost.
The following bills were taken up for a second reading, and without being read, were, on motion, laid on the table for the present, to-wit:
A bill to protect employers and employes against the violation of contracts for labor and for other purpo~es."
A bill "To organize the Medical Board of Georgia, and prescribe the duties of its members," and
A bill ''To create a Board of Pharmaceutic Examiners to grant license to sell drugs and medicines, to regulate the sale of the same, and to prescribe certain regulations for said board."
There being no further business on the Secretary's desk, the Senate, on motion, adjourned until IO o'clock, a. m., to morrow.

SENATE CHAMBER, Wednesday, July 23d, 1879, 10, o'clock, a. m. }

The Senate met pursuant to adjournment, the President

in the chair. Prayer by the Rev. H. H. Parks, D. D.

On the call of the roll the following Senators answered

to their names, to-wit :

Boyd, Bower, Bryan, Cabaniss, Candler,
Casey, Clarke,

l<'ain,

::\lcDaniel,

Folks,

McLeod,

Grautland,

Perry,

Grimes,

Preston

Hamilton of the 14th. RuRsell,'

Hamilton of the 21st, Simmons,

Harrison,

Speer,

JULY 23, 1879

Clements of the 15th, Clements of the 44th,
Clifton. Cumming,
Drnke, DuBoFe, Duncan,

Hawkins, Horlges, Holcombe, Holton, Howell, Hudson, Lumkin,

Staten, Stephens, Tis n of the 4th, Tison of the 10th, Turner, Wellborn,
MR. PRESIDENT.

The journal was read and approved.

Mr. Bryan moved a reconsideration of so much of the journal of yesterday as relates to the passage of the bill ''To amend section 4528 of the Code of 1873, in relation to carrying deadiy weapons to public places, so as to make the penalty the same as in misdemeanors generally."

On motion of Mr. Hawkins, the motion to reconsider was laid on the table.

Mr. McDaniel moved a reconsideration of so much of the journal of yesterday as relates to the passage of the bill "To amend section 2638 of the Code of 1873, which renders void contracts for the sale of goods for future delivery," etc., etc., etc.

The motion to reconsider prevailed.

Mr. Clark offered the following privileged resolution, which was read and agreed to, to-wit:

"Whereas, Hon. John A Speer, Senator for the 37th, is in ill health,
''Resohed That, during the present session, he have leave to absent himself from the sessions, at any time, as he may deem suitable to his health, attending only at such times as he may feel able."
Mr. Harrison offered the following privileged resolution, which was agreed to, to-wit:
"Resolved, That Dr. James W. Mercer, of the county of Quitman, be invited to a seat on the floor of the Senate during his stay at the capital."
The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof:

88

JouRNAL OF THE SENATE

Mr. President: The House of Representatives have passed the following
bill, towit: A bill "To be entitled an act to appropriate the sum of
twenty-five thousand dollars, and the walls and buildings of the old penitentiary, to the trustees of the lunatic asylum, for the purpose of enlarging the buildings for the colored patients, to fit up a number of rooms in the main building, and to make other improvements and repairs as set forth in their official report to the Governor for the year 1878, and for other purposes," by a constitutional majority of ayes, 129; nays, 2.
Mr. Lumpkin, by consent of the Senate, withdrew the resolution ''To provide for the acceptance, by the State of Georgia. of the proposal of the mayor and council of the city of Atlanta, to convey to said State a site on which to build a Capitol, and to adjust and settle with said mayor and council their proposal to build for said State a Capitol building."
The same having been referred to the Judiciary Committee, by whom a substitute was reported, the withdrawal of the original carried therewith the substitute proposed by said committee.
Under a suspension of the rul~s, Mr. Lumpkin offered, as original matter, the substitute as reported by the J udiciary Committee, which is a resolution "In relation to the proposal of the city of Atlanta to convey to the State of Georgia a site on which to build a Capitol, and to build a capitol building for said State."
The same was taken up and read. On motion of Mr. Lumpkin, the resolution was amended by inserting between the word ''by" and the word ''resolution," in the next to the last line, the word "bill," so that it will read,' 'by bill, resolution or otherwise." The resolution, as amended, was adopted. The Senate took up as the report of the Committee of

}ULY 23, I879

89

the Whole, the bill ''To amend section 1458 of the revised Code of this State, of 1873, in relation to the penalty for setting fire to woods, without notice."
The report was agreed to. The bill was read the third time and passed by a constitutional majority, there being ayes, 23; nays, o.
The bill "To repeal an act of the General Assembly of Georgia, approved February 25th, I876, or any other act or amendments, which authorize the leasing of penitentiary convicts, etc., and to authorize the Governor and principal keeper of the penitentiary, to employ the convicts in quarrying rock for opening, repairing and constructing public roads, railroads, bridges," etc., was, on motion of Mr. Boyd, made the special order for Friday next, the 25th inst.' immediately after the reading of the journal, and one hundred copies of the same v.:ere ordered to be printed for the use of the Senate.
The Senate took up as the report of the Committee of the Whole, the reconsidered bill to be entitled ''An act to amend section 2638 of the Code of 1873, which renders void contracts for the sale of goods for future delivery, where the parties are aware that the seller expects to purchase himself to fulfil his contract, being a mere speculation upon chances, by providing that no agent of a purchaser or seller, in case of such illegal transaction shall recover from his principal money advanced to the latter, or expended for his benefit, in connection with such contract, and that either party may recover from the other, or from the agent of either party any money, or other thing of value, hypothecated or paid, in furtherance or in consequence of the contract."
The same was amended, on motion of Mr. McDaniel, by adding to the Ist section the following: "By suit com menced within twelve months of the date of such hypothecation, or of such payment."
Mr. Bower moved to amend by striking out the word

90

JouRNAL OF THE SENATE

"latter" in the 10th line of section I, and inserting the words "purchaser or seller." Also, to amend by striking out the word ''his" in the 10th line of the 1st section and inserting the word 'the" before the word ''benefit," and inserting the words "of either" after the word 'benefit." The amendments proposed by Mr. Bower were not adopted.

The report, as amended. was agreed to. The bill was read the third time, and on the question of its passage, as amended, the ayes and nays were required to be recorded.

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

Boyd,
Candler, Clarke, Clements of the 15th, Clifton, Cumming Drake, DuBose, Duncan,
Folks,

Hamilton of the 14th,
Hamilton of the 21st, Hodges, Holcombe, Holton, Howell, Lumpkin, McDaniel, McLeod,
Perry,

Preston,
Russell, Simmons, Staten, Stephens, Tison of the 4th, Tison of the lOth, Tnrner, Wellborn,

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

Bower,

Grantland,

Bryan,

Grimes,

Oabaniss,

Harrison,

Olements of the 44th, Hawkins,

Hudson, l\'IR. PRESIDENT,

Ayes, 29. Nays, 10.

So the bill, as amended, was passed by a constitutional majority.
The hour of 1 I o'clock having arrrived, the Senate took up the special order for this day, to-wit : the report of the Committee of the Whole on the bill 'To require the owners of property, whether real, personal or mixed, to give in and pay the tax upon the same in the county where the property is located, kept or used."
The Finance Committee recommended that it do pass

with the following amendment, to-wit: Strike out the word and" in the last line of the I st section and insert

the word ''or." Mr. (]arke moved to amend by striking out from the
1st section the words ''every SfeCies of," and inserting in

lieu thereof the word ''real," and by striking out the words ''whether the same be real, personal or mixed."
Mr. Cumming moved to amend by inserting after the word ''mixed" in the first section, the following, to-wit : ''Except bonds, promissory notes and other choses in action, money and solvent debts, which shall be returned in the county of the residence of the owner."
Pending discussion of the bill and proposed amendments, the hour of adjournment arrived, and the President declared the Senate adjourned until ro o'clock, a. m., to-. morrow.

SENATE CHAMBER, } Thursday, July 24tlz, I 879, ro o'clock, a. m.
The Senate met pursuant to adjournment, the President in the chair.
Prayer by the Rev. Mr. Smith.

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

Boyd, Bower, Bryan,
Cabaniss, Casey, Clarke, Clements of the 15th, Clements of the 44th, Clifton, Cumming, Drake, DuBose, Duncan,
Fain,

Folks,

McLeod,

Grantland,

Perry,

Grimes,

Preston,

Hamilton of the 14th, Russell.

Hamilton of the 21st. Simmons,

Harrison,

Speer.

Hawkins,

Staten,

Hodges,

Stephens,

Holcombe,

Tison of the 4th,

Holton,

Tison of the lOth,

Howell,

Turner,

Hudson.

Wellborn,

Lumpkin,
~IcDaniel,

MR. PRESIDENT.

The journal was read and approved.

The ::;enate resumed consideration of the unfinished business of yesterday, to-wit : The bill ''To require the

owners of property, whether real, personal or mixed, to

give in and pay the tax upon the same in the county where

the property is located, kept or used," to which certain

}OURNAL OF THE SENATE

proposed amendments were pending at the hour of ad-

journment, the same being spread in full on the journal of yesterday.

The first question submitted for the action of the Senate

was the probosed amendment of Mr. Clarke, which is as

follows, to-wit: "Amend section Ist by striking out the

words 'every species of and inserting in lieu thereof the

word 'real, I and by striking out the words 'whether the same be real, personal or mixed. I "

On this question the ayes and nays were required to be recorded.

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

Bower, (;asPy, Clarke, Clements of the 15th, Clements of the 44th, Fain,

Hamilton of the 14th, Hawkins, Hodges, Lumpkin, McDaniel, McLeod,

Speer, Stephens, Tison of the 10th,
MR. PRESIDENT.

Those voting in the negative are, to wit-Messrs.

Boyd, Bryan. Cabaniss, Clifton Cumming, Drake. DnBose, Duncan,
Ayes, 16.

Folk~,
Grantland, Grimes, Hamilton of the 21st, Harrison, Holcombe, Holton, Hudson,
Nays, 24.

Perry, Preston,
Russell, Simmons, Staten, Tison of the 4th,
Turner, Wellborn.

So the amendment proposed by Mr. Clarke was lost.

The amendment proposed by Mr. Cumming, as appear-

ing upon the journal of yesterday, was adopted.

The amendment, as proposed by the Finance Committee,

and spread on the journal of yesterday, was also adopted.

The report, as amended, was agreed to.

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

its passage, as amended, the ayes and nays were required

to be recorded.

Those voting in the affirmative are, to-wit-Messrs.

Boyd,
Bryan, Cabaniss,
Clifton,

Hamilton of the 21st, Russell,

Harrison,

Simmons,

Hawkins,

8taten,

Holcombe,

Tison of the 4th,

93

DuBose, Duncan, Fain,
Folks, Grantland,

Holton, Hudson, Lumpkin,
Perry, Presion,

Turner, Wellborn,
MR. PRESIDENT.

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

Bower, Casey, Clarke,
Clements of the 15th, Clements of the 44th,

Drake, Grimes, Hamilton of the 14th,
Hodges, McDanilll,

1\icLeod, SpPer, Stephens, Tison of the 10th.

Ayes, 25. Nays, 14

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

Mr. McDaniel, chairman of the Judiciary Committee, made a report on a certain resolution and certain bills, which was read.

Mr. Perry, chairman of the Committee on Military Affairs, made a report, which was read.

Mr. DuBose, chairman of the Committee on Public Health, reported the following bill, which was read, and committed to the Committee of the Whole, to-wit:

A bill "To amend chapter 3, title 16, part 1 of the Code
of 1373, embracing sections 1394 to 1409, inclusive, in relation to physici~ns and druggists."

On the call of the roll for the introduction of new matter, the following bills were introduced, and referred to the Judiciary Committee, to-wit :

By Mr. Hamilton of the 2 IstA bill "To alter and amend section 4373 of the Code of Georgia, in reference to the abandonment of his child or children by a father." By Mr. Tison of the lOthA bill ''To amend the license laws of this State, so as to require all persons dealing in, vending, exchanging, bar tering, keeping, using, or owning a pistol or pistols, to obtain license therefor, and to affix penalities for the violation of said act."

94

JouHNAL OF THE SENATE

By Mr. WellbornA bill "To declare the effect upon third parties of the record of mortgages in certain cases," and
By Mr. LesterA bill "To cede to the United States of America certain lands in the Savannah river, opposite Cockspur Island, and the jurisdiction over the same." Mr. Perry introduced a bill "To provide for the better 0rganization, government and discipline of the volunteer troops of this State, and for other purposes." The same was read the first time, and referred to the Committee on Military Affairs. The report of the Committee on Military Affairs, in relation to volunteer troops of the State, etc., was, on motion of Mr. Perry, laid on the table, subject to his call as chairman of said committee. The adverse report of the Judiciary Committee in relation to a resolution "Granting leave to H. I. Griffin to sue the State for damages" was taken up and agreed to, and the resolution lost. The Senate took up as the report of the Committee of the Whole the bill "To require the record of color or title, and to prescribe the application of the statute of limitations in favor of possession under the same." The Judiciary Committee reported in favor of the passage of the bill by substitute. The substitute was adopted. The report as amended was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 26 ; nays, 2. The Hon. Alexander H. Stephens having paid an informal visit to the Senate at half-past I I o'clock, a. m., the Senate, on motion of Mr. Cumming, took a recess for five minutes for the purpose of allowing personal salutations bet\\een Senators and their distinguished visitor.

95
At the expiration of the period of recess the President called the Senate to order.
Mr. Stephens, before retiring, addressed the Senate as follows: Gentlemen o.f the Senate :
I thank you-I thank you profoundly, for this great honor you have done me. I am glad to meet the Legislature of Georgia, the first for upwards of ten years. I am gratified to see you in the discharge of your duties, and to know that your are performing them so well, and I trust to the satisfaction of the State in the interest of reform, for the relief of the masses of the people, and to the prosperity ofour grand old Commonwealth-for if there is anything earthly that is nearer and dearer to my heart than everything else, it is the honor, the pride, the glory and the prosperity of Georgia."
On motion of Mr. Holton, the Senate adjourned until 10 o'clock, a.m. to-morrow.

SENATE CHAMBER, } Fnday, July 25, 1879, IO o'clock, a. m.

The Senate met pursuant to adjournment, the President

in the chair.

Prayer by the Rev. John W. Heidt.

On the call of the roll the following Senators answered

to their names, to-wit-Messrs.

Boyd, Bower,
Bryan. Cabaniss, Candler, Clarke, Casey,
Clements of the 15th. Clements of the 44th, Clifton,
Cumming, Drake,
DuBose, Duncan,

Fain, Folks. Grantland, Grimes, Hamilton of the 21st, Harri:,on,
Hawkms,
Hodges, Holr:ombe, Holton,
Howell, Hudson, Lumpkin,

1\lcDaniel, McLeod, Perry, Preston, Russell; Simmons, Staten, Stephens, Tison of the 4th, Tison of the lOth, Turner, Wellborn,
MR. PRESIDENT.

JouRNAL oF THE SENATE

The journal was read and approved.

Mr. McDaniel moved a reconsideration of so much of the journal of yesterday as relate;; to the passage of the bill

"To require the taxes given in and paid on property, whether real, personal or mixed, in the county where the property may be located, kept or used."

Mr. Holton moved to lay the motion to reconsider on the table.

On this motion the yeas and nays were required to be

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

Boyd, Bower, Bryan, Cabaniss, Cliftou, Drake,
DuBose,

Folks, Grantland, Hamilton of the 21st, Harrison, Holcombe, Holton, Hudson,

Preston,
Russ~ll,
Simmons, Staten, Turner,
MR. PRESIDENT.

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

Candler, Casey, ( 'Iarke,
Clements of the 15th, Clements of the 44th, Cumming, Duncan,

Fain, Grimes, Hamilton of the 14th,
Hawkins, Hodges, Lumpkin, :McDaniel,

McLeod, Perry, Stephens, Tison of the 4th, Tison of the 10th, Wellborn.

Ayes, 20. Nayes, 20. So the motion to lay on the table did not prevail. After discussion on the motion to reconsider, Mr. Bryan called for the ''previous question." The call was sustained, and the main question was put, to-wit: the question of reconsideration. On this the ayes and nays were required to be recorded. Those who voted in the affirmative are, to-wit-Messrs.

Bower," Candler,
Casey, Clarke, Clements of the 15th, Clements of tbe.44th,
Cumming,

Duncan,

Lumpkin.

Fain,

McDaniel,

Grimes,

McLeod,

hamilton of the 14th, Stephens,

Hawkins,

Tison of the 10t.h.

Hodges,

Wellborn.

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

97

Boyd, Bryan, Cabaniss, Clifton, Drake, DuBose, Folks,

Grantland, Hamilton of the 21st,
Harrison. Holcombe, Holton, Howell, Hudson,

Perry, Preston, Russell, Simmons, Staten, Turner.
MR. PRESIDENT.

Ayes, 19. Nays, 21.

So the motion to reconsider did not prevail.

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 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 Representatives, through Mr. Goetchius, the Clerk thereof: Mr. Pteszdent:
The House of Representatives have adopted the report of the Joint Committee on the Governor's endorsement of

the North Eastern Georgia Railroad bonds,with the accompanying resolution, in which they ask the concurrence of

the Senate. The Senate took up the special order for this day, to-wit:

the report of the Committee of the Whole, on the bill ''To repeal an act of the General Assembly of Georgia, approved February 25th, 1876, to regulate the leasing out of the convicts of the penitentiary to private individuals, companies or corporations."

On motion of Mr. Cabaniss, further action on this bill was postponed until Thursday next, the 3 Ist inst., at I I o'clock, a. m.

Mr. Cabaniss offered the following privileged resolution which was read and agreed to, to-wit: ''Resolved, That the courtesy of a seat on the floor of the Senate, be extended to Ron. William M. Reese, ex-Senator."

Mr. Fain, chairman, on the part of the Senate of the

7

JOURNAL OF TRESENATE

Joint Committee, appointed under a resolution adopted

November 8th, 1878, providing that said committee should

take into consideration that portion of the Governor's mes-

sage, which refered to the lease or sale of the Macon and

Brunswick Railroad, and that such committee report to the

General Assembly by a bill or otherwise, looking to the

best interests of the State, submitted the following report:

Mr. President:



The committee after a full and prolonged investigation of

this great piece of property belonging to the State, its

management, its receipts and expenditures, looking to its fu-

ture operation and prospects, have concluded that the best

policy to be adopted by the State, in reference to this

property is to lease or sell the same; and to that end your

committee as a part of their report, recommend a substitute

for the bill, which was introduced in the Senate and which

was referred to the committee, which is a bill ''To be enti-

tled an act to lease the Macon and Brunswick Railroad,"

and for other purposes therein mentioned.

}. C. FAIN,

Chairman on the part of the Senate,

On motion of Mr. Preston, the Senate took up the sub-

ject matter of the message of the House o{ Representatives

communicated this day, to-wit :

The report of the Joint Committee on the Governor's

endorsement of the bonds of the Northeastern Railroad

Company, and an accompanying resolution. .

Said report and resolution are as follows, to-wit :

To the Senate and House of Representatives :

On the 7th day of November, 1878, His Excellency, the

Governor of Georgia, laid before the General Assembly of

the State a special message asking of the Assembly a

thorough investigation of his motives and conduct, as the

Executive of Georgia, in placing the State's endorsement

upon the bonds of the Northeastern Railroad Company.

In response thereto the General Assembly raised a

99
Joint Committee of thirteen to make the investigation demanded, with instructions to report, not only the conclusions at which it shall have arrived, but, also, the evidence on which the conclusions are based.
The committee having thoroughly investigated the whole matter, beg leave, in obedience to instructions, to submit the accompanying evidence, and to report the following conclusions :
In reference to the evidence submitted, the committee state that, as printed, it is as nearly correctly reported as possible under the circumstances, which were rendered embarrassing by the severe and continued ill11ess of the reporter first employed, and rendered more embarrassing by the fact that the first reporter used a short hand system not familiar to any other reporter whom the committee could procure. But the committee state that, to their knowledge, no substantial fact or statement has been omitted from the report of said evidence. In order to arrive at the isstJes involved, the Governor was requested to specify ''the charges made against him in connection with his endorsement of the Northeastern Railroad bonds, which (charges) induced the sending of his special message to the General Assembly." To this request of the committee he replied as follows :
''The nature of the charges is that I participated in a fee which was received by Mr. John W. Murphey, who, it is said, was employed to procure the endorsement of the bonds. The nature of the charges coupled me with
the fee that John W. Murphey received, and that it was
the motive which controlled me in my endorsement of the bonds."
Your committee, from the want of any evidence sustaining such=charges,:andJrom the mass of evidence disproving such charges, report this~conclusion: That His Excellency deserves, a( the hands~of the General Assembly, complete vindication on the issues made by him and specified above.

'too

}OURNAL OF THE'SENATE

Your committee have unanimously concluded that His Excellency did not, in any way, shape or form, participate in the fee received by Mr. John W. Murphey; that no offer of any such thing was made by any one to His Excellency; that said fee did not control his conduct in said endorsement, and that whether the act of endorsement wa:s legal or illegal, the motives of the Governor were pure.
In closing this report the committee submit this

resolution : Resolved, That the conclusions of this committee be

adopted as the sense of the General Assembly of the

State of Georgia.

}. W. PRESTON, Clzairman Senate Committet.

H. F. CASEY,

]OHN F. TROUTMAN,

SAMUEL HAWKINS,

IsAAC P. TYsoN. Senate Committee.

ALBERT Cox,
Chairman House Committee.
\V. J. NORTHERN,

WM. H. HAMMOND,
H. c. HUMBER,

H. G. WRIGHT,
JOHN J. HALL,

ALLEN FORT,
ARTHUR H. GRAY, House Committee.

Mr. Cumming moved the following resolution as a sub

stitute for the foregoing report and resolution of the com

mittee: 'Whereas, There is no warrant in the Constitution of

the State or in legislative usage for the Senate to investigate the conduct of the Executive, except when sitting as a. court to try articles of impeachment.

}ULY 25, 1879.

IOI

"And, whereas, Such investigations without constitutional warrant and outside of legislative usage ought not to come into practice in view of the obvious evils they would in volve~ among which evils some are as follows, to-wit:
''Such extra-constitutional investigations might be used oppressively, injuriously and impertinently against the
Executive; ''They would involve the expenditure of time and money
which wou!d be unproductive of any proper result; "They would disqualify the Senate fro'? trying articles of
impeachment in the cases investigated and passed upon in this irregular way; therefore, be it
''Resolved, That the majority and minority reports of the Northeastern Railroad Bond Investigating Committe be indefinitely postponed."
Mr. Bower offered the foilowing as a substitute for the report and resolution communicated from the House of Representatives and the proposed substitute of Mr. Cumming. to-wit:
''Whereas, On the 6th day of November, 1878, His Excellency, Alfred H. Colquitt, had transmitted to this body the following special message :

''EXECUTIVE DEPARTMENT,

}

Atlanta, Ga., November 6, 1878.

'To the Members of tlze General Assembly:

'A grievous necessity has been imposed upon me to

demand 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

Northeastern Railroad. This necessity has been created

by widely circulated slanders and inuendoes, vile and ma-

lignant, and so mendacious and wicked as to make all com

ment and paraphrase upon them utterly futile. Nothing

but a thorough sifting of my every motive and act in re-

gard to these bonds, so far as human insight and judgment

.can reach these, can satisfy an aggrieved honor ; or give

10.2

}OURNAL OF THE SENATE

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 m.me, 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 p~ople of this great conmonwealth, 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 stupendous slander, forged and_uttered to dishonor me, will not be enough,
The General Assembly of the State-a co-ordinate poweris 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, of her Chief Executive,' " and
"Whereas, On the 7th day of November, I 878, in obedience to the request and in compliance with the demand of His Excellency, expressed in the foregoing message, the Senate appointed a committee of five, to act jointly with a committee of eight from the House of Representatives, to investigate the motives and conduct of His Excellency, touching his endorsement of the bonds of the Northeastern Railroad, with instructions to report, not on!y their conclusions, but also the evidence upon which the conclusions are based; and
''\Vhereas, Said committee, after a:faithful and thorough investigation, have submitted their report, which contains, not only the conclusions they reached, but also the evidence on which such conclusions are based ; and
''\Vhereas, The conclusions reached by said committee, fully exonorate His Excellency from any improper motive, or conduct, and, also, from any complicity in any fraud; or improper practices touching the matter refered to in his said special message-clearly and fully vindicating him as.

}ULY 26, 1879
a man and the Chief Executive of the State of Georgia, and "Whereas, The Senate is that branch of the government
which, by the organic law of the State, is constituted a court of impeachment, and should not act on said report in an informal way, and
' Whereas, As the Senate did take action in said matter, by the appointment of said committee, it might operate as injustice to his Excellency, to p:1ss the matter by now, entirely nnnoticed. Be it, therefore
"Resolved, rst. That said report be received and entered on the journals of the Senate.
''Resolved, 2nd. That the Senate decline to act on said report, or express an opinion as to the subject matter thereof, because they believe,under the Constitution, it would be improper for them to act therein in an informal manner."
Mr. Cumming withdrew the substitute proposed by him. Pending the discussion of the report of the Joint Committee as communicated this day from the House of Representatives, and the substitute offered therefor by Mr. Bower, the hour of adjournment arrived, and the President declared the Senate adjourned until ro o'clock, a. m., tomorrowt.._

SENATE CHAMBER,

}

Saturday, July 26, 1879. ro o'clock, a.m.

The Senate met pursuant to adjournment, the President

in the chair.

Prayer by the Rev. Mr. McCalla.

On the call of the roll the following Senators answered

to their names, ,to-wit-Messrs.

Bovd, Bower,
Bryan, CabanisB, Candler.,
Casey, Clark.t>,

Fain,
Folk~,
Grantland, Grimes, Hamilton of the 14th, Hamilton of the 21st, Hanison,

Lumpkin,
McDaniel, McLeod, Perry, Preston,
Hussell, Simmons,

104

JouRNAL oF THE SENATE

Clements of the 15th, Clements of the 44th, Clifton, Cumming, Drake, DuBdse,

Hawkins, Hodges, Holcom!Je, Holton. Howell, Hudson,

Speer, ::\ta.ten, Stephens, Tison of the lOth, Wellhorn,
MR. PRESIDENT,

The journal was read and approved.

Leave of absence was granted Mr. Tison of the 4th, Mr.

Duncan of the 36th, and Mr. Turner of the 7th district.

The Senate resumed consideration of the unfinished bus-

ness of yesterday, to wit:

The report of the Joint Committee of the General As-

sembly in regard to the endorsement of the bonds of the

Northeastern Railro~ and accompanying resolution, as

communicated from the House of Representatives. For

this report and resolution, Mr. Bower proposed a substitute

which was spread in full on the journal of yesterday.

The follO\ving privileged resolution was introduced by

Mr. Holcombe, and read and agreed to, to-wit: ''Resolved,

That a seat on the floor of the Senate be granted the Hon.

James R. Brown, ex-State Senator, during his stay in the

city."

'i'he following message was received from the House of

Representatives through Mr. Goetchius, the Clerk thereof:

Mr. Preszdmt:

The House of Representatives have passed the f0llowing

bill to-wit :

A bill "To be entitled an act to confer additional powers

upon the tax collectors of the several counties of the State,

and to make said tax collectors ex-officio sheriffs in certain

cases, and for other purposes," by a constitutional majority

of ayes, 89; nays, 24.

On motion of Mr. Lumpkin, the morning session was

extended until the final disposition of the pending subject

matter.

After further discussion thereon, the action by which the

session was extended, was reconsidered, and the Senate, on

motion, adjourned, until 10 o'clock, a. m., Monday.

JULY 28, 1879.

I05

SENATE CHAMBER, } Monday,July 28, 1879, 10 o'fJlock, a. m.

The Senate met pursuant to adjournment, the President

in the chair.

Prayer by the Rev. Dr. Gwin.

On the call of the roll, the following Senators answered

to their names, to-wit-Messrs.

Bower, Bryan, Cabaniss, Candler. Casey,
Clarke,
Clements of the 15th, Clements of the 44th, Clifton, Cumming, DuBose, Fain,

Folks, Grantland, Grimes, Hamilton of the 14th, Hamilton of the 21st,
Harrison,
Hawkins, Hodges, Holton, Howell, Hudson, Lumpkin,

McDaniel, McLeod, Perry, Preston, Russell, Simmons, Speer, Staten, Stephens, Tison of the lOt.h, Wellborn,
MR. PRESIDENT.

The journal was read and approved.

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

Mr. Drake for to-day.

The President announced Messrs. Lumpkin and Clarke as the committee on the part of the Senate under the Joint Resolution concerning the proposition of the City of Atlanta to furnish a capitol site, and construct a capitol build ing for the State.

The Senate resumed consideration of the unfini~hed business of Saturday, to-wit : the report and accompanying

resolution of the special Joint Committee to investigate the motives of the Governor in fixing the State's endorsement to the bonds of the Northeastern Railroad, and the proposed substitute offered by Mr. Bower, the subjects matter of the unfinished business being spread in full on the jour_ nal of Friday, the 25th inst.

Mr. Harrison moved that the speeches on the pending matter, except those of the mover and chairman of the committee, be limited to fifteen minutes each. This motion did not prevail.

106

jOURNAL OF THE SENATE

Mr. Grimes offered the following as a substitute for the whole of the pending subject matter, to-wit:
"Whereas, There is no warrant in the Constitution of the State, nor in legislative usage, for the Senate to investigate:the conduct of the Executive, except when sitting as a court to try articles of impeachment; and
"Whereas, Such investigations, without constitutional warrant, and outside of legislative usage, ought not to come into practice in view of obvious evils they would involve, among which evils, some are as follows, to wit:
''Such extra constitutional investigations migflt be used oppressively, injuriously and impertinently, against the Executive.
"They would involve the expenditure of time and money which would be unproductive of any proper results.
"They would disqualify the Senate from trying articles of impeachment in the cases investigated and passed upon in this irregular way.
"Tltereforc, be it resolved, That the reports of the Northeastern Railroad Bond Investigating Committee, and the substitute therefor, be indefinitely postponed."
Pending discussion of the unfinished business, the hour of I I o'clock, a. m., arrived. For this hour the bill "defining lobbying and prescribing punishment for the same," was the special order.
On motion of Mr. McDaniel, the same was discharged for this day and made the special order for to-morrow, imdiately after the reading of the journal.
Mr. Hamilton offered the following privileged resolution, which was read and agreed to :
"Resolved, That the honorable J. R. Fo;;ter be invited
to a seat on the floor of the Senate during his stay in the city.'
The following message was received from the House of Representatives, through Mr. Goetchius, the clerk thereof:

,.:Iii

107
Mr. President: The House of Representatives has passed the following
bill, tOWit : . A bill to be entitled '' an act to prescribe the manner,
terms and specifications for letting the public printing to the lowest bidder, in accordance with article 7, section 17, paragraph I, of the Constitution," by the constitutional rna jority of ayes, 101 ; nays, o.
The House has concurred in the amendment of the Senate to the following bill of the House, to-wit :
A bill lo be entitled '' an act to fix the pay of ordi-
naries of this State for making out commissions of lunacy.',
The House has also passed the following bill, which I am instructed to transmit forthwith to the Senate, to-wit :
A bill to be entitled '' an act to amend an act entitled an :act to authorize the city of West Point, in Troup county, to organize a public school system independent of the public school system of the State of Georgia, by changing the number of commissioners from seven to nine, to fix their terms of office and to prescribe for the manner by which elections for commissioners may be provided for, and to provide for elections to fill vacancies occurring in said board," by a constitutional majority of ayes, 100; nays, o.
Mr. Russell, chairman of the Committee on Enrollment, made the following report: jJ,fr. President :
The Committee on Enrollment report duly enrolled and ready for the signatures of the President of the Senate and Secretary, the following House bill, towit :
"An act to fix the compensation of ordinaries, sheriffs and bailiffs of this State for services in cases of lunacy."
Mr. Fain offered the following privileged resolution, which was read and agreed to:
"Resolved, That the Hon. Carey W. Styles, ex-Senator

ro8

jOURNAL OF THE SENATE

be tendered a seat on the floor of the Senate during his stay in the city."
On motion of Mr. Perry, the Senate adjourned until 10 o'clock, a. m., to-morrow.

SENATE CHAMBER, } Tuesday, July 29, 187g, 10 o'clock, a. m.

The Senate met pursuant to adjournment, the President

in the chair.

Prayer by Rev. On the call of

John Jones, the roll, the

D. D. following

Senatorsanswered

to their names, to-wit-Messrs.

Boyd, Bower, Bryan, Cabaniss, Candler,
Vasey, VClleamrkee~ts of the 15th, Clements of the 44th, Clifton.
Cumming, Drake, DuBose,

Fain, Folks, Grimes, Hamilton of the 14th, Hamilton of the 21st, Harrison, Hawkins, Head,
Hodges, Holcombe,
Holton, Howell, Hudson,

Lumpkin, McDaniel, McLeod, Perry, Preston, Russell, 8immons, Spe~r,
Staten, Tison of the 10th, Wellborn,
MR. PRllSIDEN'l'.

The journal was read and approved.

On motion of Mr. Cabaniss, leave of absence was grant

ed Mr. Grantland on account of sickness.

On motion of Mr. Simmons, leave of absence was

grant'ed Mr. Stephens on account of sickness of his family.

On motion of Mr. Hodges, the rules were suspended to

allow the offering of reports of committees.

Mr. Hodges, chairman on the part of the Senate, of the

joint committee appointed under resolution of the Senate

and House of Representatives, to equalize the labor of the

judges of the Superior Courts, submitted the following

report:

Mr. Preszdenf:

The joint committee appointed to equalize the labor of

the judges of the Superior Courts of this State, have con-

eluded that the only method by which the work and business of the several judges can be equalized, without redistricting the entire the State (which your committee believe to be impracticable), is by creating judicial divisions, to be composed of two or more contiguous circuits, requiring the judges to alternate in their work ; and for the purpose of carrying out the conclusions of this committee, they respectfully recommend the passage of House bill number 78, to-wit:
A bill "To be entitled an act to organiz~ judicial divisions throughout the State; to equ.dize the business and labor of , the judges of the several circuits, and to otherwise improve the judicial system of this State."
FRED. B. HODGES, Chairman Senate Committee.
Mr. McDaniel, chairman of the Judiciary Committee, made a report, which was read.
On motion of Mr. McDaniel, the special order for the hour immediately after the reading of the journal, to-wit: The bill '' Defining the crime of lobbying and prescribing a penalty therefor," was discharged until the unfinished business of yesterday should be disposed of.
The unfinished business was resumed, to-wit: The report of the joint committee on the endorsement of the bonds of the Northeastern Railroad, with accompanying resolution, as communicated from the House of Representatives, for which Mr. Bower proposed a substitute.
Also, the proposed amendment of Mr. Grimes for the substitute offered by Mr. Bower, the said amendment, as offered by Mr. Grimes, being spread in full on the journal of yesterday.
After discussion, Mr. Casey called for the ''previous question."
The call was sustained, and the main question was put,

I 10

JOURNAL OF THE SENATE

to-wit : rst. The amendment proposed by Mr. Grimes to the

substitute offered by Mr. Bower.

On this, the ayes and nays were required to be recorded.

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

Cumming, Grimes,

Hamilton of the 14th, Holcombe. Head,

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

Boyd,

Bower,

Bryan.

Cabaniss,

Candler,



Casey,

Clarke,

Clements of the 15th,

Clements of the 44th,

Ulifton,

Drake,

DuBose, Fain, Folks, Hamilton of the 21st, Harrison. Hawkins,
Hod~es,
Holton, Howell,
Hud~on,
Lumpkin,

McDaniel, McLeod, Perry, Preston, Russell, Simmons, Speer, Staten, Tison of the lOth,
Wellborn, .!\ln. PRESIDENT.

Ayes, 5 Nays, 33

So the proposed amendment of Mr. Grimes was not

agreed to.

The question recurred upon the proposed substitute, as

offered by Mr. Bower for the report of the joint committee.

On this proposition, the ayes and nays were' required to

be recorded.

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

Bower, Cumming,

Hamilton of the 14til, Holcombe,

Head,

Perry.

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

Boyd,

}'"l,tin,

Brvan,
Cab~tniss,

Folks, Hamilton of the 21st,

Candler,

Harri8on,

Casey,

Hawkins,

Clarke,

HodgEs,

Clements of the 15th,1 Holton,

Clements of the 44th, Howell,

Clifton,

Hudson,

Drake,

Lumpkin,

DuBose,

Ayes, 6. Nays, 3 I.

McDaniel,
McLeod, Preston, Russell, Simmons, Speer, Staten,
Tison of the lOth, Wellborn, Mn. PRESIDENT.

So the substitute proposed by Mr. Bower was not

adopted.

Ry request of Mr. Grimes, he was excused from voting

on the last proposition.

III

The question recurring on the adoption of the report of

the joint committee, as communicated from the House of

Representatives, the ayes and nays thereon were required

to be recorded.

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

Boyd,
Bryan, Cabaniss, Candler,
Casey, ClarKe, Clements of the 15th, Clements of the 44th, Clifton, Drake,

DuBose,
Fain, Folks, Hamllton of the 21st,
Harrison, Hawkins, Hodges, Holton, HHuodwseol~l ,

Lumpkin, McDaniel, McLe)d,
Preston, Russell, Simmous, Speer, Tisou of the lOth, Wellbnrn,
MR. PRESIDENT.

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

Hamilton of the 14th, Head,

Holcombe, Staten.

Ayes, 30. Nays, 4

So the report of the committee was adopted.

At their request, and for reasons assigned by them,

Messrs. Grimes, Cumming, Perry and Bower were excused

from voting on the question of adopting the report of the

joint committee.

On motion of Mr. Holcombe, and at his request, Mr.

Stephens was also excused from voting on said question.

The following message was received from the House of

Representatives, through Mr. Goetchius, the clerk thereof:

Mr. President :

The House of Representatives have concurred in the

following resolution of the Senate, to-wit :

A resolution' 'In relation to the proposals of the city of

Atlanta to convey to the State of Georgia a site on which

to build a capitol building for said State," and have ap-

pointed as a committee on part of the House, under said

resolution, Messrs. Polhill, chairman ; Park and Cox of

Harris.

The Senate proceeded to the consideration of the spectal

order of the day, towit : The report of the Committee of

the Whole, on the bill ''To define lobbying and to carry

1!2

JoURNAL OF THE SENATE

into. effect section 2, paragraph 5, of the Constitution of I87J."
For this the Judiciary Committee reported as a substikte a bill ''To carry into effect paragraph 5, section 2, article I of the Constitution, to define the crime of lobbying, and to provide for the punishment of the same.
Mr. Clements offered as a substitute for the proposed substitute of said committee a bill of identical title.
On motion of Mr. Harrison, the original bill and proposed substitutes were recommitted to the Judiciary Com. mittee.
On motion of Mr. Hodges, the rules were suspended for the introduction of bills.
On the call of the roll the following bills were introduced, read the first time and referred to the Judiciary Committee, to wit :
By Mr. FainA bill ''To regulate and fix the fees of ordinaries, for services to be rendered where no fees are now presq-ibed by law, and to prescribe who shall pay such fees." By Mr. HodgesA bill "To prevent obstructing the free passage of fish around any dam built in any navigable stream in the State, and to make a violation of the same a misdemeanor." By Mr. PrestonA bill "To require that judgments and decrees founded on notes and other instruments in writing, which contain w<!ivers ofhomesteads and exemption under the constitution and laws of this State, express such waivers in the judgments and execution, and for other purposes," and By Mr. CummingA bill' 'To amend section 1646 of the Code of Georgia in reference to the fees of Solicitors General." The following bills were introduced, read the first time and referred to the Commit tee on Railroads, to-wit:

By Mr Tison of the lOthA bill 'To establish a board of railroad commissioners, and to prescribe their powers and duties," and A bill "To prevent extortion and unjust discrimination in the rate charged for the transportation of freights and passengers on Railroads in this State, and to punish the same, and to prescribe a mode of procedure and rules of evidence in rela(ion thereto, carrying into effect paragraph 1, section 2, of article 4 Qf the Constitution." Mr. Russell, chairman of the Committee on Enrollment, made the following report : Mr. Preszdent: The Committee on Enrollment report duly enrolled and ready for the signature of the President and Secretary of the Senate, a Senate resolution in relation to the proposals of the City of Atlanta to convey to the State of Georgia a site on which to build a capitol, and to build a capitol building for said State. On motion of Mr. Cumming, the rules were suspended for the purpose of taking up the following bills, to-wit: A bill ''To organize the Medical Board of Georgia," and A bill ''To create a Board of Pharmaceutic Examiners," etc. Mr. Howell, the mover, with the consent of the Senate, withdrew the foregoing bills. Mr. Staten offered the following privileged resolution, which was read and agreed to, to-wit. "Resolved, That a seat on the floor of the Senate be tendered the Hon. A. T. McEntyre during his stay in this city."
On motion of Mr. Perry, the Senate went into executive session, and after spending some time therein, returned to open session.
Under a suspension of the rules, the following bills of the House were read the first time, and referred to the several committees indicated, to-wit:
8

\JOURNAL OF 'THE SENATE
To the !Committee on Education: A bill "To amend an act entitled an act to authorize the
cityof West Point in Troup county to organize a public school system independent of the public school system of the State of Georgia, by changing the number of commis' sioners from seven to nine, to fix their terms of office, and to prescribe the manner by which elections for commissioners may be provided for, and to provide for elections to fill vacancies occurring in said board." To the Committee on tlze Lunatic Asylum :
A bill "To appropriate the sum of $z5,ooo, and the
walls and buildings of the old penitentiary to the trustees of the lunatic asylum, for the purpose of enlarging the building for the colored patients, and for other purposes." To the Finance Committee:
A bill ''To confer additional powers upon the tax collectors of the State, and to make said tax collectors ex officio sheriffs in certain cases, and for other purposes." To the Committee on Public Printing:
A bill "To prescribe the manner, terms and specifications for letting the public printing to the lowest bidder, in accordance with article 7, section 17, paragraph I, of the Constitution."
The adverse report of the ]udiciary Committee on the Senate bill "To regulate continuances, and to provide for taking interrogatories in certain cases," was taken up and agreed to, and the bill, therefore, lost.
Mr. Cumming introduced the following privileged resolution, which was read and agreed to, to-wit:
"Resolved, That the use of the Senate Chamber be permitted the Southern Historical Society, for the purpose of holding a meeting next Thursday e\ening, July 31st."
The following bills were, on motion, laid on the table, to-wit:
A bill "To amend the license laws of this State, so as to require all persons dealing in, vending, exchanging, barter

ing, keeping or using a pistol, or pistols, to obtain license therefor," etc., and
A bill "To change section 4814 of the Code, and prevent the punishment of female persons by sentence to work in the chain gangs, or on public works."
On motion of Mr. Clements, leave of absence, to take effect after Thursday next, was granted Mr. McLeod for a few days.
Leave of absence was granted Mr. Hodges after to-morrow, for a few days, on special business.
The fotlowing bills were read the second time and passed to a third reading, to-wit:
A bill "To cede to the United States of America certain iand in the Savannah river, opposite Cockspur Island, and the jurisdiction over the same.'
A bill "To alter and amend section 437 3 of the Code of Georgia, in reference to the abandonment of his child, or children, by a father.''
A bill "To regulate the publication and sale of the Supreme Court reports, and to fix the salary of the reporter."
A bill "To declare the effect upon third parties of the record of mortgages in certain cases.''
A bill ''To fix the time of the monthly sessions of jus tices of the peace and notaries public."
A bill "To lease the Macon and Brunswick Railroad," etc., and
A bill "To amend chapter 3, title r6, part I, of the Code of 1873, embracing sections 1394 to 1409 inclusive, in relation to physicians and druggists."
The hour of adjournment having arrived the President declared the Senate adjourned until 10 o'clock, a. m., to morrow.

JouRNAL OF THE SENATE

SENATE CHAMBER, } Wednesday, July 30th, 1879, 10 o'clock, a. m.

The Senate met pursuant to adjournment, the President

in the chair.

Prayer by the Rev. John Jones, D. D., Chaplain of the

House of Representatives.

.

On the call of the roll, the following Senators answered

to their names, to wit:

Boyd,
Bower, Brvan, Cabaniss, Canc.Jler, Casey, Cla.ke, Clements of the 15th, Cle .euts of the 44th, Clifton,
Cumming, Drake,
DuBose,

Folks,
Fain, G1'mes, Hamilton of the 14th, Hamilton of the 21st, Han-ison, Hawkins, Head, Hodges, Holcombe,
HoLon, Howell,
Hudson,

Lumpkin, McDaniel, McLeod, Perry, Preston, Ru: >ell, Sim.nons, Spee,,
Staten, Tison of the lOtb, Wellborn, Mil. PRESIDENT.

The journal was read and approved.

Leave of absence was granted Messrs. Staten, Hudson

and Clarke, after Friday next, and to Mr. DuBose, after

Thursday, on special business.

The Senate took up, read the second time, and passed to

a third reading the bill of the House "To amend an act

entitled an act to authorize the city of West Point, in

Troup county, to organize a public school system inde-

pendent of the public school !'.ystem of the State of Geor-

gia, by changing the number of commissioners from seven

to nine, to fix their terms of office, and to prescribe

the manner by which elections for commissioners may

be provided for, and to provide for elections to fill vacan-

cies occurring in said board."

.

The following message was received from the House of

Representatives, through Mr. Goetchius, the clerk thereof:

Mr. President:

The House of Hepresentatives have passed the follow-

ing bills, to-wit :

A bill " To be entitled an act to amend section

JuLY 30, 1879

117

3793 of the Code of I873, and for other purposes," by a constitutional majority of ayes, 90; nays, 9
Also a bill " To be entitled an act to prevent the giving, or promising to give, by any person, for himself or for another, or for any bank or corporation, any fee, interest or reward, to the State Treasurer, or any other officer of the State, or to any other person whatever, for the deposit or use of money of the State, and to prescribe a penalty therefor," by a constitutional majority of ayes, Iog ; nays, o.
Also, a bill "To be entitled an act to alter and amend section, 28 of school law 'of August 22d, I872, and to carry into effect as to the past the concluding words of that section," by a constitutional majority of ayes, 9 I ; nays, o.
Also, a bill "To be entitled an act to prohibit railroad or other incorporated companies of this State, or of other States, or foreign States, doing business in this State, from making contracts with their employes, whereby said employes are required to waive damages in case of injury, and to declare such contracts null and void," by a constitutional majority of ayes, 99 :. nays, 9
Also, a bill" To be entitledanact to amend and enlarge section 4310 of the Code of 1873. in relation to the punishment of persons convicted of misdemeanors, and for other purposes," by a constitutional majority of ayes, 96; nays, o.
Also, a bill "To be entitled an act to protect the liberty of the citizen in proceedings requiring bail in actior-s for the recovery of personal property," by a constitutional majority of ayes, 102; nays, 5
Also, a bill ''To be entitled an act to prevent railroad companies from purchasing or leasing- other railroads, or from buying shares or stocks in the same," by a constitutional majority ot ayes, 127; nays, 8.
Also, a bill ''To be entitled an act to regulate the rates and manner of legal advertising in this State, and to prohibit sheriffs, coroners, clerks, marshals or other officers, from

Il8

JouRNAL OF THE SENATE

receiving or collecting either from plaintiffs or defendants, other or greater fees than herein provided, and making a disregard of the requirements of this act, extortion, and prescribing the punishment therefor," by a constitutional majority of ayes, 100; nays, 7
The House has also concurred in the amendments of the the Senate to the following bills of the House, to-wit :
A bill ''To be entitled an act to alter and amend section 3845 of the Coje of 1873, providing for the payment of States' witnesses from other counties.''
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."
On motion of Mr. Fain, the bill "To lease the Macon and Brunswick Railroad," and the substitute 1eported therefor by the special committee on said railroad, were made the special order for Monday next, and one hundred copies of the substitute ordered to be printed for the use of the Senate.
The Senate took up, as the report of the Committee of the vVhole, the bill ''To cede to the United States of America certain land in the Savannah river, opposite Cockspur Island, aml the jurisdiction over the same."
The report was agreed to. The bill was read the third time, and passed by a constitutional majority, there being ayes, 25; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill "To alter and amend section 4373 of the Code of Georgia, in reference to the abandonment of his child, or children, by a father."
The Judiciary Committee, to whom the same was referred, recommended that the title thereof be amended by adding thereto, the following words, towit: " And to provide for

119

the punishment of such father," and that it be passed with

said amendment.

The amendment was adopted.

The repoct, as amended, was agreed to.

The bill was read the third time and passed, as amended,

by a constitutional majority, there being ayes, 30; nays, o.

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

the Whole, the bill "To amend section 267 of the Code of

1873, which relates to dockets of the Superior Courts, and

for other purposes."

The Judiciary Committee, to whom the same was refer-

red, reported in favor of its passage by a substitute.

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, as amended, the ayes and nays were required to

be recorded.

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

Boyd, Bower,
Bryan, C11ndler, Casey, Clarke, Ulements of the 15th, Clift.on,

Fai, Folks,
Hamilton of the 14th, Harrison, Head, Hodges, Holcombe, Holton,

Lumpkin,
Prc~ton,
Rmsell, Simmons, Tison of the lOth,
MR. PRESIDENT.

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

Uabaniss,

DuBose,

Hudson,

Clements of the 44th, G1imes,

McDa"Jiel,

Cumming,

Hamillon of the 21st, McLeod,

Drake,

Hawkins,

Speer.

Ayes, 22. Nays, 12.

So the bill, as amended, not having received a constitu~

tiona! majority, was lost.

Mr. Lumpkin gave notice of his intention to move a Ire-

consideration of the same.

On motion of Mr. Cabaniss, leave of absence, for to-day,

was granted Mr. Grantland on account of sickness.

On motion of Mr. Cabaniss, the bill "To carry into effect

article 7, section 17 and paragraph I, of the Constit\.ltic;m of

120

JouRNAL oF THE SENATE

Georgia, prescribing the manner, terms and specifications

for letting the public printing to the lowest responsible bid-

der," was laid on the table for the present.

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

the Whole, the bill "To preveilt the careless use of fire-

arms in certain cases, to provide a punishment for the same,

and for other purposes."

This was a reconsidered bill.

The Judiciary Committee reported in favor of its passage,

with the following amendments, to-wit : 'Strike out of first

section, the words 'with or without malice," and insert in

lieu thereof, the words ''and wantonly." Also, strike out

of first section, the words "whether such fire-arms be dis

charged or not."

The amendments, reported by the Judiciary Committee,

were adopted.

The report, as amended, was agreed to.

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

its passage, as amended, the ayes and nays were required

to be recorded.

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

Bower,
Candler, (;a y,
Clarke, Clement~ of the 15th, Clifton, Drake, Fain, Folks,

Hamilton of the 14th,
Harrison, Hawkins,
Head. Hodges, Holcomb, Holton, Lumpkin, J\lcDaniel,

McLeod, P eston, I:ussell. ::lim mons, Sp ~r,
8t:. t Jll,
Wellbi>rn.

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

Boyd,

Bryan,

Cabaniss, Clements

or

the

44th,

Cununing, Dul 'ose, Crimes Humilt:,u of th<J 2h<t,

Hudson, 'l'i~on of the 10th, Mil. PHESIDEN'l'.

Ayes, 25. Nays, 11.

So the bill was passed, as amended, by a constitutional,

majority:

The Senate took up the report ot the Committee of the

\Vhole, the bill ''To amend chapter 3, title 16, part I

JULY 30, 1879

121

of the Code of 1873, embracing sections I 394 to 1409, inclusive, in relation to physicians and druggists."

The report was agreed to. The bill was read the third time, and on the question of its pa<>sage the ayes and nays were required to be recorded.

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

Boyd, Bower,
Bryan, Cabaniss, Cantller, Casey,
Clements of the 15th, Clifton,
Cumming,

Drake, DuBose,

Lumpkin, :.\IcDaniel,

Folks,

Preston,

Grimes,

Russell,

Hamilton of the 21st, Simmons,

Hawkins,

Tson of the lOth,

Hodges,

Wellbn n.

Hulton,

MR. PRESIDII:NT.

Hudson,

Those who voted in the negative are, towit-Messrs.

Clements of the 44th, Hamilton of the 14th, Holcombe,

Fain,

Head,

McLeod,

Staten.

Ayes, 26. Nays, 7

So the bill was passed by a constitutional majority.

On motion of Mr. Cumming, the bill "To regulate the

publication and sale of the Supreme Court reports, and to

fix the salary of the Reporter," was recommitted to the

Judiciary Committee. The Senate took up as the report of the Committee of
the Whole, the bill ''To declare the effect upon third par

ties of the record of mortgages in certain cases."

The report was agreed to. The bill was read the third time and passed by a constitutional majority, there being ayes, 26; nays, o.

The Senate took up, as the report of the Committee of the Whole, the bill to fix the time of the monthly sessions of justices of the peace and notaries public."

The Judiciary Committee, to whom the bill was referred, reported in favor of its passage, by a substitute of the following title, to-wit :
A bill ''Defining the mode of fixing the times of the
monthly sessions of justices of the peace." The substitute proposed was amended, on motion of Mr.

122

JOUkNAL OF THE SENATE

Preston, by adding to its title the following words, to-wit : ' 1And notaries public."
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 a constitutional majority, there being ayes, 24; nays, o. The following bills of the House of Representatives were read the first time and referred to the Judiciary Committee, to-wit : A bill "To prevent the giving, or promising to give, by by any person, for himself, or for another, or for any bank, or corporation, any fee, interest or reward to the State Treasurer, or any other officer of the State, or to any otehr person whatever, for the deposit, or use, of money of the State, and to prescribe a penalty therefor." A bill To prohibit railroad or other incorporated companies of this State, or of other States, doing business in this State, from making contracts with their employes, whereby said employes are required to waive damages in case of injury, and to declare such contracts null and void." A bill "To amend section 3793 of the Code of 1873, and for other purposes.'' A bill "To protect the liberty of the citizen in proceedings requiring bail in actions for the recovery of personal property," and A bill ''To amend and enlarge section 4310 of the Code of 1873, in relation to the punishment of persons convicted of misdemeanors, and for other purposes." The bill of the House of Representatives ''To alter and amend section 28 of the s.:hool law of August 22d, 1872, and to carry into effect, as to the past, the concluding words of that section," was read the first time and referred to the Committee on Education. The bill of the House of Representatives ' To prevent railroad companies from purchasing, or leasing other railroads, or from buying shares or stocks in the same,'' was

jULY 31, 1879
read the first time and referred to the Committee on Railroads.
The bill of the House of Representatives " To regulate the rates and manner of legal advertising in this State, and to prohibit sheriffs, coroners, clerks, marshals, or other officers, from receiving or collecting, from either plaintiffs or defendants, other or greater fees than herein provided, and making a disregard of the requirements of this act, extortion, and prescribing the punishment therefor," was read the first time and referred to the Committee on Finance.
The Senate, having disposed of all matter on the Secre tary's desk, adjourned, on motion, till 10 o'clock, a. m., to-morrow.

SENATE CHAMBER,

}

Tlzursday, f't!y 3I, I 879, IO o'clock, a. m.

The Senate met pursuant to adjournment, the President

in the chair.

Prayer by the Rev.]. E. Evans, D.D.

On the call of the roll, the following Senators answered

to their names, to-wit:

Boyd, Bower, Bryan, Cabaniss, Candler,
Casey, Clarke, (;lements of the 15th, Clements of the 44th,
Clifton, Cumming,
Drake,

DuBose, Fain, Folks. Grantland, Grimes.
Hamilton of the 14th, Hamilton of the 21st, HarriRon, Hawkins,
Head, Holcombe,
Holton,

Howell, Hudwn, Lumpkin, McDaniel, Perry,
Preston, Russell, Simmons, Speer,
Ti3on of the lOth, Wellborn,
MR. PRESIDENT.

The journal was read and approved.

On motion of Mr. Lumpkin, so much of the journal of

yesterday was reconsidered as relates to the refusal of the

Senate to pass the bill " To amend section 267 of the

Code of 1873, which relates to dockets of the Superior

Court, and for other purposes."

124

}OUkNAL OF THE SENATE

Mr. McDaniel, from the Committee on the Judiciary, made a report on certain bills.

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

Mr. Casey, chairman of the Lunatic Asylum Com mittee, made a report on a certain bill of the House of Representatives.

Mr. Lumpkin, chairman on the part of the Senate of the special joint committee, to whom was referred the proposals of the mayor and council of Atlanta to convey to the State of Georgia a site on which to build a Capitol, and to build for said State a Capitol building, submitted the following report, which was read, to-wit:
Mr. Preszdent: The special joint committee, to whom was referred the
proposals of the mayor and council of Atlanta to convey to the State of Georgia a site on which to build a Capitol, and to build for said State a Capitol building, have had said proposals under consideration, and they herewith submit, as a part of this report, a resolution, which they recommend be agreed to by the General Assembly, entitled:

"'A resolution, to provide for the acceptance by the

State of Georgia of the proposal of the mayor and council

of the city of Atlanta, to convey to said State a site on

which to build a Capitol, and to adjust and settle with said

mayor and council their proposal to build for said State a

Capitol building.

Respectfully,

SAMUEL LUMPKIN,
Clzairman Senate Committee. JoHN T. CLARK.
J. H. POLHILL,
Clzairman House Committee. }ESSE Cox, }Al\IRS B. PA}{K.
On the call of the roll for the introduction of new mat-

JuLY 3 r, r879.

125

ter, the following bills were introduced, rc.:td the first time, and referred to the Judiciary Committee, to-wit:
By Mr. Grantland;\ bill ''To provide for the payment of insolvent costs:"
By Mr. RussellA bill "To define the crime of being a tramp, anoto prescribe a penalty therefor."
By Mr. McDanielA bill "To provide for the more speedy hearing of cases in which the State is a party .plaintiff in the courts of this State."
By Mr. CabanissA bill "To amend section 64 of the Code of Georgia, authorizing the Governor to buy property in certain cases, by striking out the words, 'except tax.fi.fas.,' in the third line of said section."
The following message was received from the House of Representives, through Mr. Goetchius, the Clerk thereof:
Mr. President: The House of Representatives has disagreed to the
first and second amendments of the Senate to the following bill of the House, to wit:
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," and have concurred in the amendment of the Senate to the second section of said bill.
The following bills of the Senate were read the second time, and passed to a third reading, to-wit :
A bill ''To prevent obstructing the free passage of fish around any dam built in any navigable stream in this State, and to make a violation ofthe same a misdemeanor."
A bill ''To regulate and fix the fees of ordinaries, for services to be rendered where no fees are now prescribed by law, and to provide who shall pay such fees."

t26

JouRNAL OF THE SENATE

A bill ''To amend section I646 of the Code of Georgia, in reference to the fees of Solicitors."
The following bills of the House of Representatives were read the second time, and passed to a third reading, to-wit:
A bill "To appropriate $25,000, and the walls and buildings of the old penitentiary, to the trustees of the Lunatic Asylum, to enlarge the building for the colored pa tients, and for other purposes," and
A bill "To confer additional powers upon the tax collectors of the several countie_s of the Stete, and to make said tax collectors ex-officio sheriffs in certain cases, and for other purposes."
The adverse report of the Judiciary Committee on the bill 6f the House of Representatives "To amend section 3793 of the Code of I 873, and for other purposes," was agreed to, and the bill was, therefore, lost.
On motion of Mr. Folks, the bill of the Senate "To change section 4814 of the Code, and to prevent the punishment of female persons, by sentence to work in chain gangs, or on public works," was taken from the table and recommitted to the Judiciary Committee.
On motion ol Mr. Simmons, the bill "To amend section 4577 of the revised Code of I 873," was taken from the table, the adverse report of the Judiciary Committee disagreed to, and the bill passed to a third reading.
.The hour of II o'clock, a.m., having arrived, the special order for this day was taken up, to-wit: the report of the Committee of the Whole, on the bill "To repeal an act of the General Assembly of Georgia, approved February 25th, 1876, to regulate the leasing out of the convicts of the penitentiary to private individuals, companies or corporetions."
For this bill, Mr. Cumming offered a substitute of the following title, to-wit: "For the better government of the convicts of the State."
Mr. Folks moved to amend the original bill, by adding

AuGULT T, 1879

127

between the word "railroads" anJ the word "in," in the fifth line, of the third section of the same, the following,
to wit: "ancl such other public property." Pending discussion of the measure before the Senate (Mr.
Boyd yielding the floor for this purpose), and under a suspension of the rule, Mr. Hudson offered the following resolution which, on his motion, was taken up and read, to-wit:
"Resolved, That the Committee on Education be authorized and permitted to attend the approaching annual commencement exercises of the State University, embracing the first Wednesday of August next, provided the State shall incur no risk thereby."
Pending a motion to adopt the foregoing resolution, (Mr. Cumming in the chair), the hour of adjournment arrived, and the Senate was declared adjourned until ro o'clock, a. m., to-morrow.

SENATE CHAMBER, } Fn'day, August 1, 1879, IO o'clock, a. m.

The Senate met pursuant t0 adjournment, the President in the chair.

Prayer by the Rev. Mr. Quillain.

On the call of the roll, the following Senatorslanswered

to their names, to-wit:

Boyd, Bower
Bryan: Cabaniss.
Candler, Casey, Clements of the 15th, Clemtnts of the 44th,
Clifton, Cmuming, Drake, Duncan,

Fain, Folks,
Grantland, Grimes,
Hamilton of the 14th, H:.milton of the 21st, Hat. ison, Hawkins,
Head, Holcombe, Holton, Howell,

Hudson, Lumpkin, McDa.iiel, Perry,
Preston, l
PuFsell, Simlltons, Speer, Tison of the lOth, Troutman, Wellborn,
MR. PRESIDENT.

The journal was read and approvedJ

Mr. Clements, of the 44th, moved a reconsideration of

128

}OURNAL OF THE SENATE

so much of the journal of yesterday as relates to the re fusal of the Senate to pass the bill of the House of Representatives, " To amend section 3793 of the Code of 1873, and for other purposes."
The motion to reconsider did not prevail. The Senate resumed consideration of the resolution pending at the time of last adjournment, granting leave to the Committee of Education to visit the State University during the ensuing commencement exercises thereof, provided the State shall incur no expense thereby. Mr. Bryan moved to amend the resolution by extending its provision only to the chairman of the committee. This motion did not prevail. The resolution was agreed to.
Mt. Holton orfered the following privileged resolution,
which was agreed to :
" Resolved, That the Hon. J. C. Nicholls be invited to
a seat on the floor of the Senate during his stay in this city."
The following message was received from the House of Representatives, through Mr. Goetchius, the clerk thereof: Mr. Preszdent :
The House of Representatives has passed the following bills, to-wit :
A bill "To be entitled an act to authorize each and every county in this State to establish and maintain a system of drainage, and to ratify established systems," by a vote of ayes, 9 I. ; nays, o.
Also a bill " To be entitled an act to fix the fees of justices of the peace and notaries public, who are ex officio justices of the peace, and constables, in appeal cases in justices courts," by a constitutional majority of ayes,
102 ; nays, 6. Also a bill 'To be entitled an act to exempt from jury
duty ministers of the gospel, physicians, apothecaries, school teachers, millers, ferrymen, certain railroad em

Auau.sT I, 1879
ployes, all male persons over sixty years old, and all telegraph operators," by a constitutional majority of ayes, 103 ; nays, 32.
Also a bill'' To be entitled an an act to incorporate the Hartwell Railroad Company, and for other purposes," by a constitutional majority of ayes, 93 ; nays, o. '
Also has adopted a resolution '' To provide for the acceptance by the State of Georgia of the proposal of the mayor and council of the city of Atlanta to convey to said State a site on which to build a capitol, and to adjust ~nd ~ettle with said mayor and council their proposal to build for said State a capitol building."
Also passed a bill ''To be entitled ::m act to authorize the issue of interest bearing bonds by the mayor and council of the city of Macon for refunding the present bonded debt, and funding that part of the floating debt of the city of Macon herein specified, to provide for the sale and exchange of said bonds, through a commission, to redeem and pay off said bonded and floating debt, to provide for the levy and collection of a tax for the payment of the principal and interest of said bonds, and to prescribe the manner in which said bonds shall be issued and paid off, and for other purposes," by a constitutional majority of ayes, 107 ; nays, o.
The Senate resumed consideration of the unfinished business of yesterday, to-wit:
The bill " To repeal an act of the General Assembly of Georgia, approved February 25th, 1876, to regulate the leasing out of the convicts of the penitentiary to private individuals, companies or corporations."
For this bill Mr. Cumming offered a substitute, the same being a bill ''For the better government of the convicts of the State," which was, also, pending at the hour of adjournment.
The amendment proposed by Mr. Folks, to the original bill, which was spread in full on the journal of yester-
9

130

JouRNAL OF THE SENATE

d3.y was, also, pending as part of the unfinished business. Mr. Bryan moved that the whole subject matter pend-
ing be laid on the table. This motion did not prevail. Pending discussion on this measure (Mr. Wellborn
yielding the floor for the purpose), Mr. Lumpkin offered the following resolution, which was taken up, read and agreed to :
"Resolved, That when the Senate adjourn to-day, it adjourn until 10 o'clock, a.m., ofMondaynext.
By the further courtesy of Mr. \Vellborn, and under a suspension of the rule, Mr. McDaniel, chairman of the Judiciary Committee, and Mr. Hudson, chairman of the Committee on Education, made reports on certain bills, which were read.
Mr. Russell, chairman of the Committee on Enrollment, submitted the following report: Mr. Preszdent :
The Committee on Enrollment report as duly enrolled, signed by the Speaker of the House of Representatives, and ready for the signature of the President of the Senate, the following acts, to wit:
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, an act "To alter and amend section 3845 of the Code of 1873, providing for the payment of States' witnesses from other counties."
D. A. RussELL, Chairman.
Under a suspension of the rule, Mr. Howell introduced the following bill, which was read the first time, and referred to the Judiciary Committee, to-wit:
A bill "To prevent and suppress the introduction, exhibition and circulation of obscene literature."

AuGUSt' 4, 1879
On motion of Mr. Perry, leave of absence was granted Mr. Harrison, for one week, on important business.
The hour of adjournment having arrived, the President declared the Senate adjourned until I I o'clock, a. m., Monday.

SENATE CHAMBER, } Monday, A11gust 4, I 879, 10 o'clock, a. m.

The Senate met pursuant to adjournment, 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, towit-~essrs.

Boyd, Bower, Brvan, Cailctler Casey, '
Clement of the 15th, Clement of the 44th, Clifton,
Drake, Duncan,

Fain, Folks, Grimes, Hamilton of the 141h, Hamilton, of the 21st,
Hawkins, Head, Holton,
Howell, Lumpkin,

McDaniel, Preston, Simmons,
Speer, Stephens,
Tison of the 4th, Troutman, WMRe.llbPoREr~nIDE~<T.

The journal was read and approved.

On motion of Mr. Clements of the 44th, leave of

absence was granted Mr. Cabaniss for two days.

Leave of absence was also granted Mr. Lumpkin for

to-morrow, and to Mr. Cumming for to-day and to-morrow.

The Senate resumed consideration of the unfinished

business of Friday, to-wit: the bill "To repeal an act of

the General Assembly of Georgia, approved February 25,

1876, to regulate the leasing out of the convicts of the penitentiary to private individuals, companies or c~rpora

tions," together with the substitute offered by Mr.. Cum-

ming, and the amendment proposed by Mr. Folks.

On motion of Mr. Preston, the entire subject matter

pending was laid on the table for the present.

Mr. McDaniel, chairman of the Judiciary Committee,

made a report on certain bills, which was read.

}OURNAL OF THE iENATE

Mr. Stephens, chairman of the Comm-ittee btl Fublic

Printing, made a report on a certain bill of the House of

Representatives, which was read.



On motion of Mr. Preston, the bill "To add to and amend section 898 of the Code of 1873, in relation to the mode of redeeming land, sold under taxji. jas., and for other purposes," was taken from the table and put upon its passage, the question of agreeing to the report of the Committee of the Whole being first in order.

The report 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,
Bryan, Uandler, CasPy, Clements of the 15th, Clements of the 44th, Clifton, Drake,
Duncan,

Fain,
Hamilton of the 14th, Hamilton of the 21st, Hawkins, Head, Holton, Howell, Lumpkin,
McDaniel,

Preston, Russell, Simmons, Speer, Stephens, Tisou of the 4th. Troutman, Wellborn,
MR. PRESIDENT.

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

Boyd,

Grimes,

Ayes, 27. Nays, 2.

So the bill was passed by a constitutional majority.

Leave was granted Mr. Stephens to withdraw from the

consideration of the Senate the bill No. 17 5, introduced by

him in relation to the letting of the public printing to the

lowest responsible bidder, etc.

The following bills of the Senate were read the second

time and passed to a third reading, to-wit:

A bill ''To prevent and suppress the introduction, exhi-

bition and circulation of obscene literature."

A bill ''To require that judgments and decrees founded

on notes and other instruments in writing, which contain

waivers of homestead at1d exemption, under the Constitu-

AuGUST 4, 1879

133

tion and laws of this State, express such waivers in the judgment and execution, and for other purposes."
A bill "To change section 4814 of the Code, and to prevent the punishment of female persons by sentence to werk on chain gangs, or on public works."
A bill ''To amend section 64 of the Code of Georgia, authorizing the Governor to buy property in certain cases, by striking out the words 'except tax.ft. fas.' in the third line of said section."
A bill "To define the crime of being a tramp, and to prescribe a penalty therefor."
A bill "To prevent cruelty to children," and A bill 'To provide for the more speedy hearing of cases in which the State is a party plaintiff in the courts of this State." The Senate took up and agreed to the adverse report of the Judiciary Committee on the bill "To provide for the payment of insolvent costs," and the bill was, therefore, lost. The following bills of the House of Representatives were taken up, read the second time, and passed to a third reading, to-wit: A bill ''To prescribe the manner, terms and specifications for letting the public printing to the lowest bidder, in accordance with article 7, section r7, paragraph I, of the Constitution." A bill "To alter and amend section 28 of the school law of August 22, 1872, and to carry into effect as to the past the concluding words of that section."
A bill ''To protect the liberty of the citizen m proceedings requiring bail in actions for the recovery of personal property," and
A bill "To amend and enlarge section 4310 of the Code of 1873, in relation to the punishment of persons convicted of misdemeanors, and for other purposes."
The Senate took up, as the report of the Committee of

134

JouRNAL OF THE SENATE

the Whole, the bill ''To prevent obstructing the free passage of fish around any dam built in any navigable stream in this State, and to make a violation of the same a misdemeanor."

The re1-ort 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, Bryan, Casey, Clements of t~Je 15th, ( 'lifton,
Drake, Duncan. Fain,

Hamilton of the 14th, Hamilton of the 21st, Hawkins, Head, Holton,
Howell, Lumpk<n, McDaniel,

Preston, Simmons, Speer, titephens, Tison of the 4th, Troutman,
'Vdlb)rn,
M.R. PRE~!DENT.

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

Clements of the 44th, Grimes,

Holcombe.

Yeas, 24. Nays, 3

So the bill was passed by a constitutional majority. The bill "To regulate and fix the fees of ordinaries, for services to be rendered where no fees are now prescribed by law, and to provide who shall pay such fees," was, on motion of Mr. Fain, recommitted to the Judiciary Committee. The following bills were taken up for a third reading, and without being read, laid on the table for the present, to-wit: A bill "To amend section 1646 of the Code of Georgia, in reference to the fees of Solicitors General," and A bill ''To amend section 45 27 of the revised Code of 1873." The Senate took up, as the report of the Committee of the \Vhole, the bill uf the House of Representatives "To appropriate the sum of twenty-five thousand dollars, and the walls and buildings of the old penitentiary, to the trustees of the Lunatic Asylum for the purpose of enlarging the buildings for the colored patients; to fit up a number of rooms in the main building, and to make other improve-

I3S

ments and repairs as set forth in their official report to the Governor, for the year 1878, and for other purposes."

The report was agreed to.

The bill was read the third time, and on the question of its passage, the ayes and nays were recorded.
Those who voted in the affirmative are, to-wit-Messrs.

Boyd, Bower, Bryan,
Casey, Clements ,of the 15th, Clements of the 44th, Clifton, Drake, Duncan.
Fain,

Grime~,
Hamilton of the 14th, Hamilton of the 21st,
Hawkins, Head, Holcombe, Holton, Howell. Lumpkin, McDaniel,

Preston, Russell, t5immons,
t5peer, Stephens, Tison of the 4th, Troutman, Wellborn, MR. PnKSIDKNT.

Ayes, 29. Nays, o. So the bill was passed by a constitutional majority. The bill of the Senate "To amend section 267 of the Code of 1873" (which is a reconsidered bill), was taken up, and, on motion of Mr. Lampkin, laid on the table, subject to his call. The bill of the House of Representatives ''To confer additional powers upon the tax collectors of the several counties of the State, and to make said tax collectors exofficio sheriffs in certain cases," was taken up for the third reading, and without being read, 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 amend an act entitled an act to authorize the city of West Point, in Troup county, to organize a public school system independent of the public school system of the State of Georgia, by changing- the number of commissioners from seven to nine, to fix their terms of office, and to prescribe the manner by which elections for commissioners may be provided for, and to provide for elections to fill v~cancies occurring in said board."

The report was agreed to. The bill was read the thin:}

JoURNAL OF THE SENATE
time and passed by a constitutional majority, there being ayes, 26 ; nays, o.
The following bills of the House of Representatives were read the first time, and referred to the Judiciary Committee, to-wit:
A bill ''To fix the fees of justices of the peace and notaries public, who are ex-officio justices of the peace, and constables, in appeal cases in ju,tices' courts," and
A bill "To exempt from jury duty, ministers of the gospel, physicians, apothecaries, school teachers, millers, ferrymen, certain railroad employes, all male persons over sixty years old, and all telegraph opeeators."
The bill of the House of Representatives '' To authorize the issue of interest bearing bonds by the mayor and council of the city of Maeon for refunding the present bonded debt, and funding that part of the floating debt ofthe city of Macon herein specified ; to provide for the sale and exchange of said bonds through a commission, to redeem and pay off said bonded and floating debt, to provide for the levy and collection of a tax for the payment of the principal and interest of said bonds, and to prescrihe the manner in vvhich said bonds shall be issued and paid off, and for other purposes," was read the first time and referred to the Committee on Finance.
The bill of the House of Representatives ''To incorporate the Hartwell Railroad Company, and for other purposes," was read the first time, and referred to the Committee on Corporations.
The bill of the House of Representatives '' To authorize each and every county in this State to establish and maintain a system of drainage, and to establish systems," was read the fitst time, and referred to the Committee on Internal Improvements.
The Senate having disposed of all matter on the Secretary's desk, adjourned, on motion, until 10 o'clock, a. m., to-morrow.

s. AGGGST

1~79

137

SENATE CHAMBER, }
Tuesday, August 5, 1879, IO o'clock, a. m,

The Senate met pursuant to adjournment, the President

in the chair.

Prayer by the Rev. Dr. Gwin.

On the call of the roll the following Senators answered to

their names, to-wit:

Boyd,

Bower,

Bryan,

Candler,

Casey,

Clarke,

Clements of the 15th,

Clements of the 44th,

Clifton,



Drake,

Duncll.n,

Fain, Folks, Grimes, Hamilton of the 14th, Hamilton of lhe 21st, Hawkins,
Head. Holcombe, Holton,
Howell, l\IcDaniel,

Perry, Preston,
Ru~sell,
Simmons, Speer, St!'phens, Tyson of the 4th, Troutman, Tnruer, Wellborn,
.Mu. PuESIDENT.

The journal was read and approved.

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

Mr.-Tison, of the 10th, for a few days, on important busi-

ness, said leave to embrace Monday, August 4th.

Mr. McDaniel, Chairman nf the Judiciary Committee,

made a report on certain bills, which was read.

Mr. Turner, rising to a question of privilege, submitted

the following to the Senate : Mr. President:

I rise to a question of privilege. Owing to my absence,

caused by unavoidale circumstances, I was not present to_

vote on the report of the committee appointed to investi-

gate the conduct of Governor Colquitt, in endorsing the

bonds of the Northeastern Railroad. I now respectfully

ask to be permitted to do so, and that the same be enter-

ed on the journal of the Senate. Believing that the Gov-

ernor's motives were pure in the premises-my faith in his

integrity as firm as ever-I take pleasure in recording my

vote in the affirmative for the adoption of the report of the committee.

It was ordered by the Senate that the Hon. :Mr. Tur-

138

JouR~AL OF THE SENATE

ner be allowed to record his vote as indicated in the foregoing privileged statement.
The following bills of the House of Representatives were read the second time, and passed to a third reading, to-wit:
A bill "To exempt from jury duty ministers of the gospel, physicians, apothecaries, school teachers, millers, ferrymen, certain railroad employes, all male persons over sixty years old, and all telegraphic operators," and
A bill "To fix the fees of justices of the peace and notaries public, who are ex-officio justices of the peace, and constables, in appeal cases in justices courts."
The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof:
Mr. President: The House of Representatives has passed the following
bills, to-wit:
A bill "To be entitled an act to establish State depositories in the cities of Atlanta, Athens, Augusta, Columbus, Macon, Savannah, Rome, Americus, Albany, Gainesville, Hawkinsville, Griffin and LaGrange, and to prescribe their duties and liabilities."
Also, a bill "To be entitled an act to authorize the county commissioners of Bibb county to purchase the Wiley Turnpike, in said county, and make the same a free crossing ; to levy a tax for the purchase money, and for other purposes therein named."
Also, a bill 11 To be entitled an act to make it penal for tax collectors in this State to have, and hold in their possession, an amount of money belonging to the State, or any ot the counties therein, exceeding the sum of five thousand dollars, at any one time, and to prescribe the punishmennt therefor."
The Senate took up, as the report of the Committee of the Whole, the bill "To prevent and suppress the intro-

AucusT s, 1879

I39

duction, exhibition and circulation of obscene literature,"
etc. The Judiciary Committee, to whom the same was re-
ferred, recommended that the bill be amended by striking from the I st section thereof, the word " fined," where it occurs in the 25th line, and inserting in lieu thereof, the word ''punished.''
The amendment reported by the Judiciary Committee was adopted.
The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 30 ; nays, o.
The hili " To change section 48 r4 of the Code, and to prevent the punishment of female persons by sentence to work in chain gangs, or on public works," was, on motion of Mr. Russell, recommitted to the Committee on the Judiciary.
At the hour of 1 I o'clock, a. m .. Messrs. Phillips, of Cobb; McWhorter, ofGreene; Calley, ofWilkes; Sibley, of Richmond; Cannon, of Bartow; Westbrook, of Dougherty; and DuBose, of Hancock, Representatives, appeared at the bar of the Senate, and were announced as the committee from the House of Representatives.
Being received by the Senate, Mr. Phillips, chairman of the Committee, addressed the Senate as follows: Mr. President:
In obedience to a resolution of the House of Representatives, we are directed to appear before you, and in the name of the House of Representatives, and all the people of the State of Georgia, impeach Washington L. Goldsmith, Comptroller-General, of high crimes and misdemeanors in office, and to inform you that articles of impeachment are being prepared against said Washington L. Goldsmith, Comptroller-General, and will in due time be exhibited by the House of Representatives, which will

JouRNAL oF THE SENATE
make good the same ; and we are further instructed to request the Senate to take such order in the premises as it may deem proper.
The President replied as follows: Gentlemen:
The Senate will take due order in the premises, of which the House of Representatives will be notified." Whereupon the committee withdrew from the Senate Chamber.
Mr. Howell offered the following resolution, which was taken up, read and agreed to, to-wit:
'Resolved, That the message of the House of Representatives relative to the impeachment of W. L. Goldsmith, Comptroller-General of the State of Georgia, be referred to a special committee of three to consider the same, and report thereon to the Senate, what arrangements are necessary to be made, and what order should be taken in the premises."
The President appointed ;'vlessrs. Howell, Clarke and Stephens as the committee under the foregoing resolution.
The Senate took up, as the report of the Committee of the Whole, the bill' 'To require that judgments and decrees, founded on notes and other instruments in writing, which certain waivers of homestead and exemption under the Constitution and laws of this State, express such waivers in the judgments and executions, and for other purposes."
The Judiciary Committee recommended that it do pass by substitute.
The proposed substitute of the committee was amended, on motion of Mr. Clements of the 44th, by inserting the words ''or other" after the word "city," where the same occurs in the title and in the first section.
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 a constitutional majority, there being ayes, 24; nays, o. The Senate took up, as the report of the Committee of

AuccsT 5, 1879

LP

the Whole, the bill ''To define the crime of being a tramp, and to prescribe a penalty therefor."
Mr. Bower offered a substitute for the same. The subject matter pending was, on motion of Mr. Russell, recommitted to the Judiciary Committee. The Senate took up, as the report of the Committee of the Whole, the bill "To amend section 64 of the Code of Georgia, authorizing the Governor to buy property in certain cases, by striking out the words 'except tax.fi. jas.' in the third line of said section." The report 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.

Boyu, Bower, Bryan, Candler, Casey; Clements of the 15th, Clements of the 44th, Clifton, Drake, Duncan,

Fain.

Preston,

Folks,

Russell,

Grimes,

Simmons,

Hamilton of the 14th, Speer,

Hawkins,

Tison of the 4th,

Head,

Troutman.

Holcombe,

Turner,

Holton,

Wellborn.

McDaniel,

Mil. PRESIDE8'l'.

Perry,

Ayes, 29. Nays, o.

So the bill was passed by a constitutional majority.

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

the Whole, the bill of the House 'To provide for the

more speedy hearing of cases in which the State is a party

plaintiff in the courts of this State."

The Judiciary Committee recommended that the bill be

amended by adding at the end of the 1st section the fol-

lowing proviso, to-wit :

''Provided, That nothing in this act shall apply to pro-

ceedings to forfeit r~cognizances."

The amendment of the Judiciary Committee was adopted.

The report, as amended, was agreed to.

The bill was read the third time and passed, as amended,

by a constitutional majority, there being:ayes, 25 ; nays, o.

JouRNAL OF THE SENATE

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 E}!:ecutive session.

The Senate took up, as the report of the Committee of the Whole, the bill of the House of Represeentatives "To alter and amend section 28 of the school law of August 22, 1872, and to carry into effect as to the past the concluding words of that section."

The report were agreed to.

The bill was read the third time, and on the question of its passage, as amended, the ayes and nays were required to be recorded.

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

Boyd, Bower, Casey, Clements of the 15th,
Clifton, Drake,

Duncan, Grimes, Hamilton of the 14th,
Hearl, Holton,
:MeDani~l,

Preston, Russell, Speer, Tison of the 4th, Tr utman.
.MR. PRESIDENT.

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

Bryan,

Grimes,

Candler,

llawldus,

Ulements of the 44th, Holcombe,

Fain,

Perry,

Simmons, Turner WeJlbo':n.

Ayes, r8. Nays, 11.

So the bill, not having received a constitutional ma;ority,

was lost. Mr. Russell gave notice th;:~t he should move a recon-

sideration of the action of the Senate on the foregoing bill,

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

the Whole, the bill of the House of Representatives " To

amend and enlarge section 4310 of the Code of 1873, in

relation to the punishment of persons convicted of mis-

. demeanors, and for other purposes."

AuGusT 5, 1879

143

The Judiciary Committee recommended that the bill pass with the foll~wing amendments, to-wit :

Amend 1st section by inserting the word "on" in the 12th line, between the words "or" and ''such." Also, insert the word "on" in the twenty-second line, between the words ''or" and ''such." Add the following pro-

viso, to-wit: "Provided, that nothing herein contained shall authorize the giving the control of convicts to private persons, or their employment by the county authorities in

such mechanical pursuits as will bring the products of their labor into competition wil:h the products of free labor."
The amendments were adopted.

The report as ~mended was agreed to. The bill was re<td the third time, and, on the question of its passage, as amended, the ayes and nays were required to be recorded.

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

Bower, Candler, Casey, Clarke,
Clements of the 15th, Clements of the 44th, Clifton, Drake,
Fain,

Folks,

Preston.

Hamiltr>n on the 14tll. Hussell,

Hawkins,

Simmons,

Head,

Speer,

Holcombe,

Stephens,

Holton,

Tison of the 4th,

Howell.

Troutman,

McDaniel,

Wellborn.

Perry,

MR. PRESIDEl'IT.

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

Boyd, Bryan,

Duncan, Grimes,

Turner.

Ayes, 26; nays, 5.

So the bill was passed by a constitutional majority.

Mr. Boyd gave notice that he should move a reconsideration of the action of the Senate on said bill.

The Senate took up, as the report of the Committee of the Whole, the bill of the House of Representatives " To prescribe the manner, terms and specifications for letting

the public printing to the lowest bidder, in accordance with arti'cle J, section 17, paragraph 1, of the Constitution."

144

JouRNAL OF THE SENATE

The report was agreed to. The bill was then, on motion of Mr. Preston, recom"mitted to the Committee on Public Printing. The Senate took up, as the report of the Committee of the Whole, the bill of the House of Representatives . '' To protect the liberty of the citizen in proceedings requiring bail in actions for the recovery of personal property." The Judiciary Committee reported in favor of the passage of the bill, with the following amendments, to. wit : '' Amend section 1 by inserting after the word 'office,' in the fifteenth line, the following words, to-wit : 'In term time or vacation.' Also, amend by striking out the words 'his inability as aforesaid,' in the tenth line, and inserting the words 'that he is neither able to give the security required by law, nor produce the property, and can furnish satisfactory reasons for its non-production.' '' Also, by striking out the words '' Such state of facts to be true," in the twenty-first line, and inserting the words ''that the petitioner can neither give the security nor produce the property, and that the reasons for its non-production are satisfactory." The foregoing amendments were adopted. The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 28 ; nays, o. The following bills of the House of Representatives were read the first time, and referred to the Committee on Finance: A bill ''To establish State depositories in the cities of Atlanta, Athens, Augusta, Columbus, Macon, Savannah, Rome, Americus, Albany, Gainesville, Hawkinsville, Griffin and LaGrange, and to prescribe their duties and liabilities," and

s, AuGusT 1879.
A bill ''To make it penal for tax collectors in this State, to have and holrl in their posse.,sion, an amount of money belonging to the State, or any of the counties therein, ex-
ceeding the sum of$ 5,ooo at any one time, and to pre-
scribe the punishment therefor." The bill of the House of Representatives "To authorize
the county commissioners of Bibb county, to purchase the Wiley Turnpike in said county, and make the same a free crossing; to levy a tax for the purchase money, and for other purposes therein named," was read the first time and referred to the committee on Local and Special Bills.
The Senate, on motion,went into executive session, and, having remained some time therein, returned to open session.
By consent of the Senate, the following bills were introduced, read the first time, and referred, as respectively designated, to-wit:
By Mr. PerryA bill "To declare a flag for the State of Georgia." Referred to the Committee on the State of the Republic. By Mr. RussellA bill ''To provide for the assessment for taxes of all property not given in by the owners, to prescribe the manner of collecting taxes due on the same; to regulate the manner of sale of unreturned property for taxes, the keeping ofrecords of such sale, to provide for the disposition of the proceeds of such sale, and for other purposes." Referred to the Finance Committee. By Mr. CaseyA bill ''To require the Governor to appoint a competent physician as one of the board of trustees of the Lunatic Asylum." Referred to the Committee on the Lunatic Asy_ lum.
The Senate having disposed of all business on the Secretary's desk, adjourned, on motion, until 10 o'clock, a. m., to-morrow.
10

JouRNAL oF THE SENAT

SEN ATE CHAMBER, } Wednesday, August 6, 1879, 10 o'clock, a. m.

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

Prayer by the Rev. Mr. Qui!lain.

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

Boyd, Bower, Bryan, Cabaniss, Candler, Casey, Clarke, ClemO?nts of the 15th, Clemeuts pf the 44th,
Clifton Cumming, Drake,

Dnnose,

McDaniel,

Duncan,

Perry,

Fain,

Preston,

Folks,

Russell,

Hamilton of the 14th, Simmons,

Hamilton of the 21st, Speer,

Hawkins

Stephens,

Htad, '

Tison of the 4th,

Holcombe,

Troutman,

Holton,

Turner,

Howell,

Wellborn,

Lumpkin,

MR. PRESIDENT.

The journal was read and approved.

Mr. Holton moved a reconsideration of so much of the journal of yesterday as relates to the refusal of the Senate to pass the bill of the House of Representatives ''To alter and amend section 28 of the school law of August 22d, 1872, and to carry into effect, as to the past, the concluding words of that section."

The motion to reconsider prevailed.

On motion of Mr. Cabaniss, leave of absence was granted Mr. Grantland for a few days, on account of sickness, said leave to take effect from Monday, the 4th inst., inclusive.

Mr. Wellborn presented a memorial of the Hon. James A. Green, of the county of Baldwin, and offered the fol lowing joint resolution in reference thereto, which was taken up, read and agreed to, to-wit :
''Resolved by tlze Senate and House o.f Representatives, That the memorial of the Hon. James A. Green, in relation to his services as an agent of the State for the prosecution. and collection of certain claims against the General Government, be referred to the Finance Committees of the two

AUGUST 6, 1879.
Houses, which committees shall meet in joint session for the consideration of said memorial."
Mr. McDaniel, chairman of the Judiciary Committee, made a report on certain bills, which was read.
Mr. Cabaniss, chairman of the Finance Committee, made a report on a certain bill, which was read.
The bill "To repeal section 3095 of the Code, and substitute another in lieu thereof," was read the second time and passed to a third reading.
The following message was received from the House of Representatives, through Mr. Goetchius, the clerk thereof:
.klr. President: The House of Representatives has passed the following
bills, to-wit:
A bill ''To be entitled an act to prevent the forfeiture of recognizances in criminal cases, except when the prose cuting officer is ready for trial and for other purposes."
Also a bill ''To be entitled an act to alter and amend section 930 of the revised Code of 1873, which relates to the amount and conditions of tax collectors' bonds."
Also a bill "To be entitled an act to amend an act to incorporate the town of Talbotton, and to extend the limits of the same, and to repeal all laws in relation to said town in conflict with this act, assented to 2oth December, r86o."
Also a bill "To be entitled an act to amend an act entitled an act to charter the Louisville Branch Railroad Company, approved August 24th, 1872, to change the name of said company; to make the town of Wadley the point of junction with the Central ~ilroad; to reduce the amount of stock to be subscribed before election of directors; to change the mode of assessing damages for right of way; to ratify and confirm the acts ol the corporators and stockholders in electing directors, and for other purposes.''
Also a bill "To be entitled an act to prohibit the catch ing of fish, for the purpose of shipping or selling, from the

JouRNAL OF THE SENATE
waters of the Little Ocmulgee river, in the county of Telfair, and to prescribe a penalty for the same."
Also a bill "To be entitled an act to amend an act entitled an act to regulate the manner of holding municipal elections in the city of West Point, and to require voters to register, and to define who are legal voters in said city," approved :V1arch zd, 1874.
Also a bill ''To be entitled an act to alter and amend section 2970 of the Code of I 873, and for other purpose."
The following bills of the House of Hepresentatives were read the second time, and passed to a third reading, towit:
A bill "To prohibit' railroad or other incorporated companies of this State, or of other States, or foreign States, doing business in this State, from making contracts with their employes, whereby said employes are required to waive damages in case of injury, and to declare such contracts null and void."
A bill to regulate the rates and manner of legal advertising in this State, and to prohibit sheriffs, coroners, clerks. marshals, or other officers, from receiving or collecting either from plaintiffs or defendants, other or greater fees than herein provided, and making a disregard of the requirements of this act, extortion, and prescribing the punishment therefor," and
A bill "To authorize the issue of interest bearing bonds by the mayor and council of the city of Macon for refunding the present bonded debt, and funding that part of the floating debt of the city of Macon herein specified; to provide for the sale and exchange of said bonds through a commission; to redeem and pay off said bonded and floating debt; to provide for the levy and collection of a tax for the payment of the principal and interest of said bonds, and to prescribe the manner in which said bonds shall be issued and paid off, and for other purposes."
The bill of the House of Representatives ''To alter and amend section 930 of the revised Code of I 873, which

AuGusT 6, 1879.

149

Jrelates to the amount and conditions of tax collectors' ibonds," was read the first time, and referred to the ComJmhtee on Finance.
The bill of the House of Representatives ''To amend an act entitled an act to incorporate the towu of Talbotton, and to extend the limits of the same, and to repeal all laws in relation to said town, in conflict with this act, assented to zoth December, I86o," was read the first time, and referred to the Committee on Corporations.
The following bills of the House of Representatives were read the first time, and referred to the Judiciary Committee, to-wic:
A bill ''To prevent the forfeiture of recognizances in criminal cases, except when the prosecuting officer is ready for trial, and for other purposes," and
A bill "To alter and amend section 2970 of the Code of 1873, and for other purposes."
The foiJowing bills of the House of Representatives were read the first time, and referred to the Committee on Local and Special Bills, to-wit:
A bill "To prohibit the catching of fish for the purpose of shipping or selling, from the waters of the Little Ocmulgee river, in the county of Telfair, and to prescribe a penalty for the same."
A bill "To amend an act entitled an act to regulate the manner of holding municipal elections in the city of 'West Point, and to require voters to register, and to define who are legal voters in said city," approved March zd, 1874, and
A bill ''To amend an act entitled an act to charter the Louisville Branch Railroad Company, approved August 24th, 1872, to change the name of said company; to make the town of Wadleythe point of junction with the Central Railroad; to reduce the stock to be subscribed before election of directors; to change the mode of assessing damages for right of way; to ratify and confirm the acts of

ISO

JouRNAL oF THE SENATE

corporators and stockholders in electing directors, and for other purposes."

Mr. Preston offered the following privileged resolution, which was read and agreed to, to-wit :

" Resolved, That a seat on the floor of the Senate be, and the same is hereby tendered, to General George D. Johnson, during his stay in this city."

The hour of I I o'clock, a. m., having arrived, the Senate took up the special order for that hour, to-wit: the report of the Committee of the Whole on the bill ''To authorize the lease of the Macon and Brunswick Railroad, and for other purposes therein mentioned."

The special committee, to whom this bill was referred,

recommend that it do pass by a substitute of the following

title, to-wit:

'

A bill ''To authorize the lease or sale of the Macon and Brunswick Railroad, and to confer certain chartered powers and privileges upon the lessees of said road, to build extensions of the same from Macon to Atlanta, from Brunswick to the Florida line, and from Hawkinswille or Eastman to Americus, and to appoint commissioners to run the same, and prescribe their powers and duties, and for other purposes."

On motion of Mr. Well born, the substitute was taken up by sections.
Mr. Holcombe moved to amend the rst section by striking out from the 4th line of the printed copy, the words '' twenty years," and substituting in lieu thereof, the words '' ten years."
Mr. Br.Yan moved to pass the rst section of the substitute without action, until the remaining sections should have been disposed of.
This motion did not prevail. Mr. Bower proposed to amend the 1st section of the
substitute by striking out "$6o,ooo" where the same occurs

AUGUST 6, I 879

I 5I

~n the 5th line of said section, and inserting in lieu thereof,

~,s-so,ooo."

The motion of Mr. Holcombe to amend by striking out

'' twenty years,~ and to insert ''ten years," was not agreed

to.

The amendment proposed by Mr. Bower was not agreed

to.

The rst section of the substitute was adopted.

Pending further action upon this measure, the rules were

suspended, on motion of Mr. Howell, when he submitted,

as chairman of the special committee on the subject of

the impeachment of Washington L. Goldsmith, Comptrol-

ler General, the following report, to-wit:

Mr. President:

The committee to whom was referred the message of the

House of Representatives, relative to the impeachment of

Washington L. Goldsmith, beg leave to submit the accom-

panying rules of procedure in said impeachment trial, and

ask that they be adopted by the Senate, and that one hun-

dred copies be printed for the use of the Senate in said

trial.

(Signed.)

E. P. HowELL,

JOHN T. CLARKE,

JoHN A. STEPHENs,

Committee of Senate.

The following are the rules submitted as a part of said

report, to wit:

The rules of procedure in the Senate upon the impeach-

ment of Washington L. Goldsmith, Comptroller-General,

impeached of high crimes and misdemeanors by the House

of Representatives:

1. When the House of Representatives shall notify the

Senate of the appoiotment and direction of managers to

bring the articles of impeachment into the Senate, the

President, unless otherwise ordered, shall direct the Secre-

tary, forthwith, to inform the House, that the Senate is

JouRNAL OF THE SENATE
ready to receive the managers for the purpose of exhibiting such articles.
2. When such managers shall appear at the bar of the Senate and signify their readiness to exhibif such articles, the Presi9ent shall direct the Doorkeeper to ''make proclamation according to the order in such case made and provided." \Vhereupon, the Doorkeeper shall make the following t: roclamation : "0, yes! 0, yes! all persons are commanded to keep silence, on pain of imprisonment, while the House of Representatives exhibits articles of impeachment against Washington L. Goldsn:ith, Comptr .llerGeneral of this State." The managers shall then read the articles; whereupon, the President shall respond, thus: ''The Senate will take proper order on the subject of this impeachment, of which the House of Representatives will have due notice."
3 The managers retiring, the Senate shall, immediately, fix the time for considering such impeachment, and send notice of such appointment to the House, and to the Chief Justice of the Supreme Court, and the Secretary shall issue, for the defendant, an original and a copy summons, bearing test in the name of such Justice, anc of the President, and in form as follows:
'' Tlte State of Georgia, ss. ''The Senate of Georgia to \Va~hington L. Goldsmith, Comptroller-General, greeting: "vVhereas, The House of Representatives of this State did, on the---day of-----, 1879, exhibit to the Senate articles of impeachment against you, the said Comptroller-General; in the words following:
(Here insert the articles.) ''And demand that you should be put to answer the accusations as set forth in said articles. 'You are, therefore, hereby summoned to appear before the Senate of Georgia, at their Chamber, in the City of Atlanta, on the---day of----at--o'clock, then

AuGUST 6, 1879

153

and there to answer to said articles of impeachment, and to

abide by, obey and perform such orders, directions and judgments, as the ~enate of Georgia shall make in the

premises, according to the Constitution and laws of said

State.

'Hereof fail not.

''Witness--

, Chief Justic of the

Supreme Court, and-------, President of the Sen-

ate of said State, this--day of---, I879

"------------,

Secretary of tlte Senate oj Georgia."

Said summons shall be served by the Messenger of the

Senate, on the defendant, personally, or by leaving a copy

at his residence, at least two days before the time appoint-

ed, of which service the said

shall make

return on said original.

5 The time having arrived, the President of the Senate

shall announce as follows: 'According to order, the Sen-

ate will now be organized as the High Court of Impeach-

ment, of the State of Georgia, for the trial of Washing-

ton L. Goldsmith, \.omptrollcr-Gcneral ;" whereupon,

said Chief Justice shall assume the chair and proceed to

administer to all Senators present, the following oath, the

Secretary calling them from the roll.

"You solemnly swear (or affirm) that in all things ap

pertaining to the trial of the impeachment of \Vashington

L. Goldsmith, now pending, you will do imparlial justice,

according to the Constitution and laws of this State. So

help you God."

Senators coming in after>vards shall take the same oath.

6. The Court being thus organized, the justice presi-

ding shall inquire of the managers if they are now ready

to proceed ? Should they reply in the negative, and ask

for further time, reasonable time may be granted by the

Senate, on motion. But should they be ready, the Secre-

tary shall proceed to arraign the defendant, as follows :

151

JOURNAL OF THE SENATE

"Washington L. Goldsmith, attend the articles of impeachment which the House of Representatives has exhibited against you, and say, are you guilty, or not guilty."
And shall read said articles.
7 Upon motion of defendant, or his counsel, such time may be allowed to plead as the Senate may adjudge reasonable.
8. Should the defendant appear in person, or by counsel, the fact of his appearance, and by whom, shall be recorded; if he fails to appear, and no other appointment for such appearance is made, his non-appearance shall be recorded, and the trial may proceed in his absence, as on plea of " not guilty."
9 In examining witnesses, the rules of the Superior Courts of this State shall prevail ; but a witness, who is a Senator, having been sworn, shall testify standing at his seat.
IO. Should a Senator desire a question put to a witness it shall be reduced to writing, and put by the presiding justice.
1 r. Counsel, not exceeding two for each party, may be heard.
I 2. All motions, while the said court is sitting, shall be addressed to the presiding justice in the terms of address usual in the courts of this State, and upon demand of him, or any Senator, shall be reduced to writing and read by the Secretary.
I 3- Pending the trial the presiding justice shall rule upon all questions of evidence and practice, which ruling shall stand as the judgment of the Senate, unless a Senator shall ask, or the presiding justice shall see fit, to take a formal vote.
I 4- Preliminary, or interlocutory qnestions, and all motions, by either side, may be argued not exceeding one

AuGUST 6, 1879

I 55

hour on each side, unless the Senate shall grant an exten-

sion of time.

15. All orders and decisions by the Senate, except on

motions to adjourn, and extend a speaker's time, shall be

by ayes and nays, and, except upon the final question,

the majority shall prevail.

16. No Senator shall speak more than ten minutes on

any preliminary or interlocutory question, nor more than

fifteen minutes on the final question, including all the arti-

cles of impeachment, unless by consent of the Senate,

without debate.

17. The Secretary of the Senate shall issue subpcenas

in behalf of either party, which shall be served by the

messenger, and of which the following shall be the form :

' To - - - - Greetiag:

'' You arc hereby comm,mded to appear before the

Senate on the -day of--, 1879, at the Senate Cham-

ber, in Atlanta, in said State, then and there to testify

your knowledge in the cause before the Senate, wherin

the House of Representatives has impeached Washington

L. Goldsmith. Fail not.

" Witness

, Chief ]ustice of the Supreme

Court, and ----, President of the Senate, at Atlanta,

Georgia, this- day of--, 1879

"-------

" Secretary of tlte Senate of Geotgia."

18. The presiding justice shall direct the form of all

processes and proceedings not defined by these rules.

19. The said court shall have power to enforce all pro-

cesses issued by it, and to punishment all contempts.

20. The case on each side shall be opened by one per-

son. The final argument on the merits may be made by

not more than two on each side (unless otherwise ordered

by the Senate on application) ; and the argument shall be

opened and closed by the House.

2 I. The argument closed, the presiding justice shall put

JouHNAL OF THE SE~ATE
the following question: "Senators, are you now ready to decide upon the articles of impeachment now pending?" Should the majority not vote affirmatively, the Senate, upon motion, shall fix the time when further proceedings shall be had. Should the majority be ready, the articles of impe,lchment shall be read separately, and the voting shall be by ayes and nays on each, seriatim. The question shall be: "Senator, what say you, is he guilty or not guilty?" And the Senator, rising at his seat, shall announce his vote, ''guilty" or ''not guilty."
22. If no article of such impeachment is sustained by two-thirds of the Senators present, judgment of acquittal shall be entered in such terms as the presiding justice shail direct; but if conviction shall be had on any of said articles, the sentence of removal from office, and of disqualification to hold any office of honor or trust in this State, shall be pronounced by the presiding justice, in proper terms, and an engrossed and certified copy of such judgment shall be deposited in the office of the Secretary of State.
23. The trial having begun, the said court shall sit, and proceed therein, continuously, tiorn day to day, till final judgment and adjournment sine die by vote. But, upon proper cause, it may make such adjournments as may seem fit. No adjournment of said court shall adjoLW"n the Senate for other purposes, but the President of the Senate shall resume his seat, and, announcing, "The Senate is now in session for legislative purposes," shall proceed with the order of business; or if the fixed hour of adjournment of the Senate has arrived, shall announce the Senate adjourned.
24. The times of session of the court, after trial begun, shall, till otherwise ordered, be as follows: The court shall sit each day (Sundays excepted), immediately after the usual opening of the Senate, and after the reading of the journal of any legislative proceedings of the preceding day,

I 57

and, unless otherwi~e on.lered, shall adjourn at the time

fixed for adjournment of the Senate by standing order.

25. When any time appointed for proceeding in the case

shall arrive after the trial begun, any pending legislative

business shall be suspended, and the Pre3ident shall an-

nounce as follows : ''The hour for such purpose having

arrived, the Senate will now resume its se:,sion as a Court

of Impeachment," and shall yield the chair to the Chief
J usticc.

26. The proceedings of said court shall be recorded by

the Secretary of the Senate on the journal of the Senate,

prefacing the entry of such matter, at the beginning of

each session, thus : ''The Senate having, according to

order, resumed its session as a Court of Impeachment, and

--, ChiefJustice, presiding."

27. The proceedings shall be public, but the Senate, by

a two-thirds vote of those present, and, voting, may close

the doors for deliberation on the final or any interlocutory

questions. Such deliberation ended, the decisions shall

be made in op~n session.

28. Before the final adjournment of the court, the

minutes of the entire proceeding upon the impeachment

shall be read from the journal, and an order of approval,

reciting the fact of such reading-, shall be entered on the

journal and signed by the presiding justice.

29. These rules may be altered or added to by the said

court by a two-thirds vote of all the Senators present.

(Signed)

EvAN P. HowELL,

JoHN T. CLARKE,

JoHN A. STEPHENs,

Committee of the Senate.

On motion of Mr. Clarke, the 22d rule was so amended

as to add the words ''or profit" after the word ''trust,"

and by striking out the word, "or" where it immediately

precedes the word ''trust" in said rule.

The report, as amended, was adopted.

JouRNAL OF THE SENATE
Mr. Russell, chairman ofthe Committee on Enrollment, submitted the following report: Mr. President:
The Committee on Enrollment report as duly enrolled, signed by the Speaker of the House of Representatives, and ready for the signature of the President of the Senate, the following report of the Joint Committee of the Governor's endorsement of the Northeastern (Georgia) Railroad bonds, with accompanying resolution.
D. A. RussELL, Cltairman.
Pendingconsideration of the bill providing for the lease or sale of the Macon and Brunswick Railroad, the hour of adjournment arrived, and the President declared the Senate adjourned until ro o'clock, a. m., to-morrow.

SENATE CHAMBER, } Tltursday, August 7tlt, 1879, ro o'clock, a. m.

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

Prayer by the Rev. Mr. Smith.

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

Boyd, Bower, Bryan, Cuban iss, Candler,
Casey, Clarke, Clements of the lfllh, Ule111ents of the 44th,
Clifton, Cumming,
Drake, DuBose,

Duncan,

:1\IcDaniel,

Fain,

Perry,

Folks,

Preston,

Grimes,

Russell.

Hamilton of the 14th, tlimmons,

Hamilton of the 21st, Staten,

Hawkins,

Stephens,

Head,

Tison of the 4th,

Holcombe,

Troutman,

Hollon,

Turner

Howell,

Wellbo'rn,

Lumpkin,

MR. PRESIDENT.

The journal was read and approved.

159
On motion of Mr. Lumpkin, leave of absence was granted Mr. Holton, after to-day, for a few days, on special business.
On motion of Mr. Holcombe, leave of absence was granted Mr. Hamilton of the 14th, after to-day, for a few days, on important business.
The Senate resumed consideration of the unfinished bu!:';iness of yesterday, to-wit: The bill providing for the lease of the Macon and Brunswick Railroad, and the substitute reported therefor by the special committee on said railroad, the substitute having been taken up by sections, and the first section thereof having been adopted.
The second section was read. Mr. Hamilton mo\ed to amend the 6th line of said section, by substituting "6o" for "45," where the same occurs. This amendment was agreed to. On motion of Mr. DuBose, the 7th line of 2d section was amended by substituting the word "for" for the word ''at," where the same occurs therein. The second section, as amended, was adopted. The third section was read. Mr. Bower proposed to amend the third section, by adding at the end of the r-!th line, the words "after being required." The same was agreed to. Mr. Russell moved to amend said section, by adding after the word "lessees" in the 3d line, the words ''and their securities." Also, by striking out the words' 'at least $I 50,000," and inserting in lieu thereof, the words, "the amount of the bond." Also, by adding at the end of the fifth line, the words, ''or other good security, to be judged of by the Governor." This amendment was not agreed to. Mr. Bryan moved to amend by striking out the word ''non-resident" in the 7th line. This amendment was agreed to.

160

JouRNAL OF THE SENATE

Mr. Holton proposed to amend the 3d section by striking out all of the 6th line after the word "doubtful" to the word ''the" in the 7th line.
The amendment was agreed to.
Mr. Hamilton, of the 21st, moved to amend by striking out" $5oo,ooo," in the 3d line, and inserting '' $250,000."
On motion of Mr. Lumpkin, the 3d section was further amended by striking out the words "provided that should," and inserting the words " and if."
The 3d section, as amended, was adopted.
The 4th section was read.
Mr. Fain moved to amend the 4th section by striking out all of the 91 h line, after the word ''property " to the word " in," and inserting in lieu thereof, the words " or land purchased by the lessees."
The amendment was agreed to. The 4th section, as amended, was adopted. The 5th section was read. ~fr. Clarke m wed to amend said section by striking out from the 12th and 13th lines thereof, the words ''and the excess, if any, over the original valuation, shall be paid to the lessees by the State," and inserting in lieu there-of the words "and shall, in such return, value the improvements which the lessees may have made, and the additions which they have made to its appurtenances, and shall estimate to what extent any excess of the then present value of said road, and its appurtenances, over said original valuation, is due to such improvements and additions, and such excess of value so found to be due to such improvements and additions shall be paid by the State to the lessees." Mr. Lumpkin offered the following as a substitute for the proposed amendment of Mr. Clarke: Strike out '' and the excess, if any, over the original valuation, shall be paid to the lessees by the State," and insert "which shall be laid before the next General Assembly by the Governor,

AuGUST 7, 1879

r6r

and the General Assembly shall take said action therein as is just to the State and the lessees."
Mr. Clarke moved to amend his foregoing amendment as follows, to-wit: Add in the gth line of the 5th section between the words "said" and "road," the word "original;" also, insert the word "original" in the 1 rth line, between the words "said" and "railroad." The same was agreed to as an amendment to his proposed amendment to the sth section.
Mr. Holron proposed to amend by striking out the word ''jointly" in the IOth line of the 5th section, and the word "lessees" in the I Ith line thereof.
Mr. Bower proposed to amend by adding to the 5th section the following proviso : "Provided that, in no case of forfeiture of said lease, shall the State be liable for any improvements made by said lessees, or any excess in the value of said property."
Mr. Cumming moved to amend the 5th section by striking out all of the same after the word "thereof" in the I2th line thereof.
Mr. Lumpkin accepted the proposed amendment of Mr. Cumming, in lieu of the amendment offered by him as a substitute for the proposed amendment of Mr. Clarke.
The amendment of Mr. Cumming was adopted, and the remaining amendments proposed, not being insisted upon, were passed without definite action, and the 5th section was adopted, as amended.
The 6th section was read. Mr. Bower proposed to amend the said 6th section by adding thereto the words ''or any lien created by them." The same was agreed to. The 6th section, as amended, was adopted. The 7th section was read and adopted. The 8th section was read. Mr. Fain proposed to amend said section by adding : "And provide by-laws and rules for the government ofsaid
II

JOURNAL OP THE SENATE
road and its officers, not inconsistent with the Constitution and laws of the State of Georgia."
The same was agreed to. The 8th section was adopted as amended. The 9th section was read and adopted. The 10th section was read and adopted. The I I th section was read. Mr. Candler moved to amend said I Ith section by striking out the 5th, 6th and 7th lines thereof, to the word "provided." The said amendment was adopted. Mr. Fain moved to amend the I Ith section by striking out from the I8th line, the words ''leasing or renting," and inserting the words 'chartering or hiring." The same was agreed to. Mr. Bower moved to amend said I Ith section by striking out all after the word "shall," in the 8th line, and before the word ''readvertize," in the ninth line, and insert in lieu thereof the following: "Again, at such other times as he may deem proper." Also, by striking out the words ''in this case," where they occur in the 10th line. Also, by striking out of the 10th line the words "minus the said six months," and inserting the words, less the time which may elapse between the passage -of this act and the date of said lease." The said amendments were agreed to. On motion of Mr. Lumpkin, the I Ith section was amended by inserting after the word "read," in the 22d line, the following words: ''or so much thereof as may be necessary." Mr. Grimes proposed to amend by striking out the word "receipts" in the 22d line, and inserting in lieu thereof the word ''profits." The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof:

AuGusT ;, 1879
Mr. President: The House of Representatives has concurred in the
following resolution of the Senate, to-wit : A resolution ''That the Governor offer a suitable reward
for the apprehension of any person forging the great seal of the State in the matter of land grants."
They have also passed the following bill, in which they ask the concurrence of the Senate, to-wit :
A bill "To be entitled an act to create a board of police commissioners for the city of Augusta, in this State, to define its powers and duties, and for other purposes."
And I am instructed to transmit the same forthwith to the Senate.
The amendments proposed by Mr. Grimes was agreed to. The I rth section, as amended, was adopted. The I 2th section was read. Mr. Wellborn moved to amend said section by striking out the words "or near Sterling," and insert "any point in the county of Glynn." The same was agreed to. The I zth section was further amended, on motion of Mr. Preston, by substituting the word ''terminus" for the word " termeni," wherever the same occurs in said section. This amendment was also agreed to. The 12th section, as amended, was adopted. Section I 3th was read. Mr. McDaniel moved to amend said section by adding the following as a proviso, after the word "cities," in the 8th line, to-wit : 'i Provzded, that if said company can procure a joint occupancy contract over the Macon and Augusta Railroad to any point outside the city of Macon, and ajoint occupancy contract over the Georgia Railroad from any point at or near Social Circle, or Covington, into Atlanta, then said company may build the connecting

JouRNAL oF THE SENATE
link only between said last named railroads, or may build the line from Macon to the Georgia Railroad, or may build the line from Macon to Atlanta."
Mr. Cumming moved to strike out all of section I 3th contained in the 8th line.
Mr. Bryan moved to amend said section by striking out the words ''to be paid in the recognized bonds of the State of Georgia," occurring in the I I th line.
Mr. Holton proposed to amend said section by striking out of the 9th line thereof the words ''or before."
Mr. Wellborn moved to amend said 13th section by adding the words ''or money," after the word ''Georgia," in the I Ith line; also to amend by striking out the word "three" in the 6th line, and inserting in lieu thereof the word "five."
Pending action on the 13th section, and proposed amendments thereto, the rules were suspended on motion of Mr. McDaniel, for the purpose of receiving reports of committees.
Mr. McDaniel, chairman of the Judiciary Committee, made a report on certain bills, which was read.
Mr. Casey, chairman of the Committee on the Lunatic Asylum, made a report, which was read.
Mr. Clements, chairman of the Committee on Local and . Special Bills, made a report, which was read.
Mr. Stephens, chairman of the Committee on Public Printing, made a report, which was read, on a certain bill.
The rule was further suspended, on motion of Mr. Cumming, when the bill.of the House of Representatives To amend an act entitled an act to charter the Louisville Branch Railroad Company, approved August 24th, 1872; to change the name of said company; to make the town of Wadley the point of junction with the Central Railroad; to reduce the amount of stock to be subscribed before election of directors; to change the mode of assessing damages for right of way; to ratify and confirm the acts of

AUGUST 8, 1879.
the corporators and stockholders in electing directors, and for other purposes," was read the second time, and passed to a third reading.
The rule was further suspended, when Mr. Hawkins introduced a bill "To create a board of commissioners for railroads; to prescibe the bond and oath for each commissioner; prescribe the duties of said commissioners; pre scribe penalties against railroad companies for violating regulations adopted by said commissioners; provide for collection of same, and for other purposes."
This bill was read the first time, and referred to the Committee on Railroads.
The hour of adjournment having arrived, the President declared the Senate adjourned until ro o'clock, a. m., tomorrow.

SENATE CHAMBER, } Friday, August 8, 1879, ro o'clock, a. m.

The Senate met pursuant to adjournment, the President

in the chair.

Prayer by the Hon. Mr. Hudson of the 13th.

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

their names, to-wit:

Boyd,

Bower,

Bryan,

Cabaniss,

Candler,

Casey,

Clarke.

Clements of the 15th,

Clements of the 44th,

Clifton,



Cumming,

Drake,

DuBose,

Duncan, Fain,
~o~ks,
Gnmes,
Hamilton of the 21st, Hawkins, Head, Holcombe, Holton, Howell,
Hudson, Lumpkin, McDaniel,

Perry, Preston,
Ru~sell,
Simmons, Speer, Staten, Stephens, Tison of the 4th, Troutman, Tnrner, Wellborn,
MR. PRESIDENT.

Thejournal was read and approved.

Leave of absence was granted Mr. Bryan, for a few days1 on important busin~ss.

166

JouaNAL OF THE SENATE

On motion of Mr. McDaniel, the rules were suspended for the purpose of receiving reports of standing committees.
Mr. McDaniel, chairman of the Judiciary Committee, made a report on certain bills, which was read.
Mr. Cabaniss, chairman of the Committee on Finance, made a report on certain bills, which was read.
Mr. Russell, chairman of the Committee on Enrollment, submitted the following report: Mr. President:
The Committee on Enrollment report as duly enrolled, and ready for the signature of the President and Secretary of the Senate, ''a resolution that the Governor offer a suitable reward for the apprehension of any person forging the great seal of the State in the matter of land grants."
Mr. Hudson offered the following privileged resolution, which was read and agreed to :
"Resolved, That the Hon. C. B. Hudson, of the county of Schley, be invited to a seat on the floor of the Senate during his stay iu the city."
The following message from the House of Representatives was received, through Mr. Goetrhius, the clerk thereof: Mr. Preszdent :
The House of Representatives has passed the following bill, to-wit :
A bill "To authorize the board of Education of Whitfield county to order the payment of one hundred and three dollars of the common school funds, a balance due the county school commissioners for services rendered and expenses incurred in the year 1871," by a vote of ayes, 90; nays, o.
The House has concurred in the amendment::. of the Senate to the following bills of tlie House, to-wit :
A bill " To be entitled an act to amend and enlarge

AUGUST 8, 1879

167

section 4310 of the Code of 1873, in relation to the punishment of persons convicted of misdemeanors, and for other purposes."
Also a bill "To be entitled an act to protect the liberty of the citizen in proceedings requiring bail in actions for the recovery of personal property."
The rules were further suspended, on motion of Mr. Cumming, and the Senate took up, as the report of the Committee of the Whole, the bill of the House of Representatives ''To amend an act entitled an act to charter the Loui~ville Branch Railroad Company, approved. August 24th, 1872; to change the name of said company; to make the town of Wadley the point of junction with the Central Railroad; to reduce the amount of stock to be subscribed before election of directors; to change the mode of assessing damages for right of way; to ratify and confirm the acts of the corporators and stockholders in electing directors, and for other purposes."
The report was agreed to. The bill was read the third time, and passed by a constitutional majority, there being ayes, 32 ; nays, o. On motion of Mr. Cumming, the ::=ecretary was directed to transmit the same forthwith to the House of Representatives. The Senate resumed consideration of the unfinished business of yesterday, to-wit: the bill "To provide for leasing the Macon and Brunswick Railroad," for which a substitute was offered by the special committee on said railroad; the 13th section of the substitute and certain proposed amendments thereto, being under consideration at the time of adjournment, the S'lid amendments being spread in full upon the journal of yesterday. Mr. Bower moved to strike out the entire section (13th). The amendment proposed by Mr. McDaniel on yesterday, and spread in full on the journal of that day, was agreed to.

!68

JoURNAL OF THE SENATE

Mr. Lumpkin offered the following, as a substitute for the amendment proposed on yesterday by .:vir. Cumming, and the same was accepted by Mr. Cumming, to-wit: _?trike out all of the 9th, roth, 1lth, I zth, I 3th, 14th 15th, r6th, 17th, r8th, 19th, 2oth and zrst lines and all of the 22d line, down to the word "should."
The following message was received from His Excelleny, 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.
Mr. Russell, chairman of the Committee on Enrollment, submitted the following report: Mr. President :
The Committee on Enrollment report as duly enrolled, signed by the Speaker of the House of Representatives, and ready for the signature of the President of the Senate, the following acts, to- wit:
An act "To appropriate the sum of twenty-five thousand dollars, and the walls and buildings of the old penitentiary to the trustees of the Lunatic Asylum, for the purpose of enlarging the building for the colored patients; to fit up a number of rooms in the main building, and to make other improvements and repairs, as set forth in their official report to the Governor for the year 1878, and for other purposes."
Also, an act "To amend and enlarge section 43 ro of the Code of I 87 3, in relation to the punishment of persons convicted of misdemeanors, and for other purposes."
Also, an act "To amend an act entitled an act to authorize the city of West Point, in Troup county, to organize a public school system independent of the public school system of the State of Georgia, by changing the number of commissioners from _seven to nine; to fix their terms of

AuGUST g, 1879
office, and to prescribe for the manner by which elections for commissioners may be. provided for; and to provide for elections to fill vacancies occurring in said board."
Also, an act ''To protect the liberty of the citizens in proceedings requiring bail m actions for the recovery of personal property."
D. A. RussELL, Chairman.
Pending the measure under consideration, the hour of adjournment arrived, and the President declared the Senate adjourned until IO o'clock, a. m., to-morrow.

SENATE CHAMBER,

}

Saturday, August gth, 1879, IO o'clock, a. m.

The Senate met pursuant to adjournment, the President

in the chair.

Prayer by the Rev. Mr. McCalla.

On the call of the roll, the following Senators answered

to their names, to-wit:

Boyd, Bower, Cahaniss,
Canoler, Casey, Clarke,
Clements of the 15th, Clements of the 44th, Cumming, Drake,
DuBo~e,
Duncan,

Fain, Folks, Grimes,
Hamilton of the 21st, Hawkins, Head,
Hodges, Holcombe, Howell, Hudson, Lumkin,
McDaniel,

Per~y, Preston, Simmons, Speer, Staten, Stephens, Tis n of the 4th, Troutman, Turner, Wellborn,
MR. PRESIDE)<I'T.

The journal was read and approved.

Leave of absence, for a few days, on important business,

was granted Messrs. Clifton and RusselL

The Senate resumed consideration of the unfinished bus-

iness, to-wit: the bill "To provide for the lease of the

Macon and Brunswick Railroad," for which the special

committee on said railroad proposed a substitute-the said

substhute having been taken up by sections, and the T3th

1]0

JouRNAL OF THE SENATE

section thereof being under consideration at the last adjournment, together with certain proposed amendments to said section.
The amendment proposed by Mr. Wellborn, to substitute "five" for "three," in the 6th line of the r3th section, was agreed to.
Mr. \Vellborn moved to further amend said section by striking out all of the second proviso.
Mr. Holcombe moved to amend the 13th section by ad-
ding thereto the following proviso, to-wit: '' P1ovziied, That the State shall have the right, in case the lessees do not buy the road, to take possession of the branch contemplated to be built from Macon to Atlanta by the lessees under this bill, by the State paying them the amount ex pended in the construction, or such sum as may be agreed upon between them and the State."
The amendments spread on the journal, not declared agreed to, were severally submitted to the Senate and lost.
The r3th section, as amended, was adopted.
The 14th section was read.
On motion of Mr. McDaniel, said section was amended by striking out all between the word "State," in the roth line, and the word ''should," in the 14th line.
The 14th section, as amended, was adopted. Mr. Cabaniss offered, as a substitute for the substitute of the special committee, as amended, a bill ''To authorize the sale of the Macon and Brunswick Railroad, or lease the same upon terms herein prescribed, and to confer chartered powers and privileges upon the purchasers or lessees of said road; to authorize the extension of the same from Macon to Atlanta, and upon failure to sell or lease, to continue to operate said road. as is now prescribed by law." Mr. Bryan called for the "previous question." The call was sustained. The main question was put, to-wit : The adoption of the

171

substitute offered by Mr. Cabaniss, in lieu of the substi-

tute reported by the committee, as amended.

The same was not adopted.

The question recurring upon the adoption of the substitute reported by the committee, as amended, the ayes and

nays were required to be recorded.

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

Bryan,
Candler, Casey, Clarke,
Clements of the 15th, Clements of the 44th, Cumming,
Drake, DuBose, Duncan,

Fain,

Folks,

Hamiltr>n of the 21st.

Hawkins,

,

Head,

Hodges,

Holcombe,

Howell.

Hudson,

Lumpkin,

McDaniel,
Perry, Preston. Simmons,
Staten, Stephens, Tison of the 4th,
Troutman, Turner. Wellborn.

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

Boyd, Bower,

Grimes,

Ayes, 30; nays, 4

MR. PREsiDENT.

So the substitute, reported by the committee, as amend ed, was adopted.

, The report, as amended, was agreed to.

The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 30 ;

nays, 4 Mr. Duncan gave notice of his intention to move a recon-
sideration of the same. Mr. Perry, chairman of the Committee on Military Af-
fairs, made a report on a certain bill, which was read. Mr. Clarke, chairman of the Committee on Corpora-
tions, made a report on certain bills, which was read. Leave was granted Mr. Lester, the President, to record
his vote in the negative, on the question of adopting the substitute reported by the special committee on the lease or sale of the Macon and Brunswick Railroad.
Leave of absence was granted Mr. Folks, for a few days, on special business.

172

JouRNAL oF THE SENATE

Mr. 'N ellborn, chairman, pro !em., of the Committee on

Enrollment, submitted the following report:

Mr. President:

The Committee on Enrollment report as duly enrolled,

and ready for the signature of the President of the Senate,

the following resolution, to-wit :

"A resolution in relation to the proposals of the city of

Atlanta, to convey to the State of Georgia, a site on which

to build a capitol, and to build a capitol building for said

State.

C. ]. WELLBORN,

Clzairman, pro tem.

Mr. Casey, chairman of the Committee on the Lunatic

Asylum, made the following report, to-wit :

''To the Preszdmt of tlze Senate and House of Representatives:

"The Joint Committee on the State Lunatic Asylum,

beg leave to submit the following report:

''In the first place, your committee have to report the

death of the venerable Dr. Thos. F. Green, which sad

event happened during the recess of the present session of

the Legislature. Dr. Green was one of the inaugurators

of this institution, and for about thirty-three years was

thoroughly and prominently connected and identified with

it. In the death of Dr. Green, the asylum has lost a

friend and benefactor. But, while this is true, by Dr. T.

0. Powell your committee are satisfied his mantle will be

well worn ; and under his administration, the asylum will

continue in the future, as it has been in the past, the

pride and honor of the State.

''Your committee have visited the asylum and inspected,

in detail, its various departments, and found the institu-

tion, as a whole, in a prosperous and excellent condition,

reflecting much credit on the trustees and the entire corps of

officers immediately interested in, and connected with, its

management.

''The medical department your committee found to be

in charge of those who are not only professionally quali-

AuGusT 9 1879

173

fied, but who have at heart the best interest of those whom they serve.
''The laundry department your committee found to be neatly kept, and, as far as they could judge, properly managed.
''The engineers department they found in most excellent condition, reflecting much credit upon the officer in charge. The engines, pumps and machinery were found in excellent order, the rooms kept clean, and the tools well preserved, each in its appropriate place.
"In passing through the halls, and on inspection of the patients and the rooms, your committee found the greatest care and attention paid to cleanliness and com fort ; and they feel, as a simple act of justice, they must put this on record: that, however much praise is due those in charge of the other departments, the matron, with her assistants, deserves at our hands, this premium commendation 'for the best kept house" in the State, the thanks of her citizens !
"The treasurer's and steward's departments made a good exhibit, showing their books neatly and systematically kept, with vouchers to tally with all disbursements. Your committee found in this latter department a reformation)n the system of puschasing supplies, which not only works well, but has proven a great saving to the State in a pecuniary point of view. ( Vzde steward's report, 1878).
"On examining the buildings and the ground, your committee found them, generally, in good condition. By close and exact observation of the sanitary condition of the institution, and its surroundings, they were not able to find anything calculated to .produce sickness or endanger life. Your committee were well pleased with the improvements made in the front yard, by the ornamentation of flowers and shrubbery. These flowery promenades without, and the pictured walls within, your committee think will. prove a source of much amusement and diver-

174

JouRNAL OF THE SENATE

sion to the inmates of the institution, and have a wholesome moral effect.
''The culinary department is in good order, and well adapted to the requirements of the establishment. The vegetable garden they consider a valuable adjunct to the institution, not only on the score of economy, but in the furnishing fresh, and to hand, these indispensible dietetics. The farm, also, is a great help to the asylum, by its annual. contribution to the supply fund. From the dairy department is received a large supply of milk and butter for the inmates, while the poultry yard furnishes its contribution of chickens and eggs. Besides these necessary supplies to the table, it is confidently expected that 20,000 pounds of bacon will be raised this year, and at little or no cost to the State.
"After a careful and thorough inspection of all the departments of the institution, your committee are of the opinion that the State's interest and honor, as well as the care and well-being of this unfortunate class of our citizens, are securely and properly protected, and they do not feel called upon to make any additional suggestions, further than are contained in the legislation asked for, and now pending before the General Assembly.
"The rush with chronic and harmless cases is so great at this time, when the institution is already overcrowded, as to demand that some legislation should be had to protect the State and give preference as to admittance to recent and dangerous cases.
'Having great confidence in the wisdom and sound discretion of the very able superintendent of the institution, we recommend that discretionary power be given him in the premises by a law passed to this effect.
"Your committee further recommend the passage of a law requiring the appointment of a competent physician as one of the Board of Trustees of the Lunatic Asylum. Your

AuGUST g, 1879

175

committee submit the following summary of the inmates of the institution in numbers, sex and color :
White male patients.................... ".......... 347 White female patients........................... 307 Colored male patients...... . . . . . . . . . . . . . . . . . . . . . . . . 58 Colored female patients............................ 55

Total. ......................................... 767

"For colored patients there are only 74 rooms, into which are crowded I I 3 patients. Application for reception on record:

Colored males ...................................... 19

Colored females .................................... 2 5

Sex not given...................................... 52

"[Signed]

H. R. CASEY,

''Chairman Senate Committee.

''0. H. PAULL,

'' Clzairmall House Committee.''

Mr. Howell offered the following :privileged resolution,

which was read and agreed to : "Resolved, That Hon. William Gibson, of Richmond
county, be invited to a seat on the floor of the Senate during his stay in this city."
Mr. Hawkins offered the following privileged resolution,

which was read and agreed to, to-wit : "Resolved, That the messenger of the Senate be author-
ized and required to shade the windows on the western side of the Senate chamber."

Mr. Bryan offered a resolution providing for the removal of the books of the State Library, for the purpose of their protection against damage, which was, on his motion, referred to the Committee on the State Library.
The bill ''For prevention of cruelty to animals" 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:

JouRNAL OF THE SENATE
A bill 'To incorporate the Hartwell Railroad Company, and for other purposes."
A bill "To authorize the county commissioners of Bibb county to purchase the Wiley Turnpike in said county, and make the same a free crossing, to levy a tax for the purchase money, and for other purposes therein mentioned."
A bill ''To alter and amend section 2970 of the Code of 1873, and for other purposes."
A bill ''To prevent the forfeiture of recognizances in criminal cases, except when the prosecuting officer is ready for trial, and for other purposes."
A bill "To amend an act entitled an act to incorporate the town of Talbotton, and to extend the limits of the same, and to repeal all laws in relation to said town, in conflict with this act, assented to 2oth December, 186o."
A bill ''To amend an act entitled an act to regulate the manner of holding municipal elections in the city of West Point, and to require voters to register, and to define who are legal voters, in said city, approved March 2d, I 874."
A bill "To make it penal for tax collectors in this State to have and hold in their possession an amount of money belonging to the State, or any of the counties therein, exceeding the sum of $5,000, at any one time, and to prescribe the punishment therefor," and
A bill 'To establish State depositories in the cities of Atlanta, Athens, Augusta, Columbus, Macon, Savannah, Rome, Americus, Albany, Gainesville, Hawkinsville, Griffin and LaGrange, and to prescribe their duties and liabilities."
The bill of the Senate ''To provide for the better organization and discipline of volunteer troops," was read the second time, and passed to a third reading.
The bill of the House of Representatives ''To authorize the Board of Education of Whitfield county, to order the payment of one hundred and three dollars of the common

AuGUST 9, 1879.

i77

school funds, a balance due the County School Commissioners for services rendered and expenses incurred in the year r8;r," was read the first time, and referred to the Com-
mittee on Finance. The bill of the House of Representatives "To create a
board of Police Commissioners for the city of Augusta, in this State, to define its powers and duties, and for other purposes," was read the first time.
Mr. Cumming presented a memorial of the city council 'of Augusta, in opposition to the passage of said bill.
The same was read and, on motion of Mr. Cumming, referred, together with the bill, to the Judiciary Committee.
The bill of the House of Representatives "To alter and amend section 930 of the revised Code of 1873, which relates to the amount and conditions of tax collector's bonds, was taken up for a second reading, and without being read, was laid on the table for the present.
The bill of the Senate "To alter and amend section 4161 of the Code of Georgia," was taken up for the second reading, and, without being read, 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 authorize the issue of interest bearing bonds by the mayor and council of the city of Macon for refunding the present bonded debt, and funding that part of the floating debt of the city of Macon herein specified; to provide for the sale and exchange of said bonds through a commission; to redeem and pay off said bonded and floating debt; to provide for the levy and collection of a tax for the payment of the principal and interest of said bonds, and to prescribe the manner in which said bonds shall be issued and paid off, and for other purposes."
The Committee on Finance, to whom the same was referred, reported in favor of its passage, with the following amendments, which were severally adopted, to-wit: Amend
12

t78

JouRNAL OF THE SENATE

section 2d, by adding after the words '' treasurer of the

city," in the 4th line from the bottom of the page, the words

"and each coupon or interest warrant shall indicate the

bond to which it belongs.''

Amend by substituting the following, for the whole of

the 6th section, to wit: " To enable the mayor and council

of the city of Macon to levy and collect annually, the said

tax of three-fourths of one per centum, herein authorized;

in addition thereto, the said mayor and council are hereby

authorized to levy and collect a tax of one-half of one per

centum, upon the real and personal property in said city,

so that the entire tax for all purposes, upon the real and

personal property, in said city, shall not exceed one and

one-quarter per centum per annum, of which total ad valo-

rem tax, the tax of three-fourths of one per centum shall

be separately levied and collected for the purposes herein

provided; after the year 1879, the entire amount levied

and collected by the mayor and council of the city of

Macon, as business and license tax, shall not exceed a total

of fifteen thousand dollars per annum."

Amend section 7th by striking out the word "five," in

the second line from the bottom, and inserting '' nine."

Amend section 7th further, by inserting the following

additional names as commissioners, viz: Henry L. Jewell,
J. C. Plant, William H. Ross and J. F. Hanson."

Amend section 7th further, by striking out of the 9th line

from the top of 6th page, the word '' five," and inserting

''nine.''

Also amend section 7th by adding at the end of the same,

the following: ''The decision of any question by said

board, except the filling of vacanies in said board, shall

require the concurrence of a majority of the whole of said

board.''



Amend section 9th by adding at the end of said section,

the following words: " Upon their warrar.1t, signed by the

president of said board of commissioners."

Auaust' 9, 1879

179

The report, as amended, was agreed to.

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

of its passage, as amended, the ayes and nays were

required to be recorded.

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

Bower, Cabaniss, Candler, Casey,
Clarke,
Clements of the 15th Clements of the 441 h, Cumming, Drake, DuBose, Duncan,

Fain, Folks, Grimes, Hamilton of the 21st,
Hawl{ins,
Head, Hodges, Holcombe, Howell, Hndsnn, Lumpkin,

McDaniel, Perry, Preston, Simm<'ns, Staten, Stephens, Tison of the 4th, Troutman, Turner,
MR. PRESIDENT,

Ayes, 32. Nays, o.

So the bill, as amended, was passed by a constitutional

majority. The evidence of the publication of the notice of inten-

tion to apply for the passage of the last foregoing bill, in

the manner and for the time prescribed by law, was sub-

mitted, by Mr. Cabaniss, to the Senate.

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

the Whole, the bill ''To regulate the publication and sale

of the Supreme Court reports, and to fix the salary of the

reporter."

Mr. Clarke moved that the same be made the special

order for Wednesday next, at J I o'clock, a. m.

Mr. Hudson moved to amend the motion of Mr. Clarke by providing that roo copies of the bill be printed for the

use of the Senate

The ayes- and nays were required to be recorded, on

agreeing to the amendment of Mr. Hudson.

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

Bower, 1 Iarke,
Ulements of the 15th,
Clements of the 44th, Duncan, Fain,

Folks, Hawkins, Head, Hudson, Preston, Simmons,

Staten,
Stephens, Turner, Wellborn.

:jOURNAL OF THE SENATE

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

Cabaniss, Candler, Casey, Cumming, Drake,
Ayes, 16.

DuBose, Hamilton of the 21st, Hodges, Holcombe, Howell.
Nayes, IS.

Lumpkin, McDaniel, Perry, Troutman,
MR. PRESIDENT.

So the amendment was agreed to.

The proposition of Mr. Clarke, as amended, was sub

mitted to the Senate and agreed to.

On motion of Mr. Cumming, the Senate granted leave

of absence to Mr. Hudson covering the period of his re

cent absence from the Senate on urgent business, which was

in excess of the period for ;vhich leave oi absence had been

granted him.

The .hour of adjournment arrivt:d, and the President de-

clared the Senate adjourned until IO o'clock, a m., Monday.

SENATE CHAMBER, } Monday, August I I, 1879, 10 o'clock, a. m.

The Senate met pursuant to adjournment, the President

in the chair.

Prayer by the Rev. D. W. Gwin, D. D.

On the call of the roll, the following Senators answered

to their names, to-wit :

:Boyd, Bower,
Cabaniss, Candler, Casey, Clarke, Clemeuts pf the 44th, Clifton Cumming, nrake, DuBose, Duncan,

Grimes, Hamilton of the 21st,
Harrison, Hawkins, Head, Hodges, Holcombe, Howell, Hudson, Lumpkin, McDaniel, McLeod,

Perry, Preston, Simmons, Speer, Staten, Stephens,
Tison of the 4th, Tison of the lOth, Troutman, Turner, Wellborn,
MR. PRESIDENT.

Fain,

The journal was read and approved.

Mr. Duncan moved a reconsideration of so much of the

journal of Saturday as relates to the passage of the bill

AuausT n, 1879

181

in relation to the leasing or selling the Macon and Bruns-

wick Railroad,

On this proposition Mr. Holcombe required the ayes

and nays to be recorded.

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

Boyd, Bower, Drake,

Harrison, Head, Holcombe,

Simmons, Turner, Wellborn,

Duncan,

Perry,

MR. PRESIDENT 0

Fain,

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

Candler, Casey. Clements of the 44th,
Clifton, Cumming, DuBose, Grimes,

Hamilton of tbe 21st, H a1\ kins, Hodges,
Howell, Hudson, Lumpkin, McDaniel,

McLeod, Preston, Speer,
Stephens, Tison of the 4th
Troutman.

Ayes, 13 Nays, 20.

So the motion to reconsider did not prevail.

Mr. Cabaniss, chairman of the Finance Committee,

made a report on a certain bill, which was read.

Mr. Hudson offered the following privileged resolution,

which was agreed to, to-wit:

''Resolved, That the Hon. D. B. Harrell be invited to a

seat on the floor of the Senate during his stay in this city."

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

ter, the following bill was introduced, read the first time,

and referred to the Committee on Finance, to-wit:

By Mr. Stephens-

A bill "Requiring receivers= and _collectors of taxes in

this State to return, by name, dealers in spirituous, vinous

or malt liquors, or intoxicating bitters, and to give the

amount of special tax paid by each dealer, or from any person

from whom a special .tax has been received, and the date

of said payment, and for other purposes.''

Mr. Turner offered a bill "To amend section 1717 of the

Code, in relation to proceedings in divorce cases," which

was read the first time and referred to the Judiciary Com-

mittee.

182

JouRNAL oF THE SENATE

Mr. Duncan introduced a bill ''To change the time of holding the Superior Courts of Douglas county, which was read the first time and ordered to be engrossed.
Mr. Lester, the President, introduced a bill "To preSCI ibe the times for holding the Superior Courts, which was read and committed."
Mr. Casey offered the following privileged resolution, which was agreed to, to-wit:
"Resolved, That one hundred copies of. the report of the Committee on the Lunatic Asylum be printed for the use of the Senate."
Mr. Hawkins offered the following privileged resolution, which was agreed to, to-wit:
"Resolved, That the Hon. J. M. Mobley be invited to a seat in the Senate Chamber, at his pleasure, during his stay in the city."
'j'he following message was received from the House of Representatives through Mr. Goetchius, the Clerk thereof: Mr. President:
The House of Representatives has passed the following bills, to-wit:
A bill "To be entitled an act to repeal an act entitled an act, to provide for the payment of certain insolvent costs in the Augusta Judicial Circuit, approved February 15, 1873, in so far as said act applies to the county of Rich mond," by a constitutional majority of ayes, 1 I I; nays, o.
Also a bill 'To be entitled an act to regulate the publication of the registered voters of the city of Augusta," by a constitutional majority of ayes, 101 ; nays, o
Also a bill "To be entitled an act to confirm an ordinance of the city council of Augusta, entitled an ordinance to create a sinking fund, passed the 10th day of March, A. D., 1877, as amended by an ordinance, passed the 6th day of August, A. D., 1877, and for other purposes," by a constitutional majority of ayes, 100; nays, o.
Also a bill 'To be entitled an act to amend an act en-

, AuGusT I I, 1879

183

titled an act to authorize the city council of Augusta to create a board of health for said city," by a constitutional majority of ayes, 96; nays, o.
Also a bill "To be entitled an act to amend an act to require the mayor of the city of Augusta to discharge the duties of recorder of said city, to limit the salary of said mayor, and for other purposes," by a constitutional majority of ayes, 96; nays, o.
Also a bill "To be entitled an act to amend the charter of the town of Crawfordville, so as to authorize the town council of said incorporation to levy a special tax on the sale of spirituous or malt liquors within said incorporation," by a constitutional majority of ayes, 96 ; nays, I.
Also a bill 'To be entitled an act f~>r the relief of Richard H. Leonard, ordinary of the county of Talbot, from his disability under sections 327 and 328 of the revised Code of I873, so far as it relates to estates not fully administered at the time of his election and qualification, by allowing and requiring him to make his returns, as executor of James
P. Leonard, as trustee for Annie J. Turner, as trustee of
Sarah C. Weeks, and as guardian of Harriet V. Boon, to the ordinary of Taylor county," by a constitutional majority of ayes, 9-! ; nays, o.
Also a bill 'To be entitled an act to amend an act entitled an act to provide that the treasurer of Richmond county shall be allowed a salary, and to fix the amount thereof, and for other purposes, approved February 2d, 1876, '' by a constitutional majority of ayes, 105 ; nays, o.
Also a bill ''To be entitled an act to revise the jury box in the county of Harris, and for other purposes," and I am instructed to transmit the same to the Senate immediately.
Also a bill "To be entitled an act to amend section 1676 of the Code of Georgia, with reference to the creation of private corporations by the courts of this State," and I am instructed to transmit the same to the Senate immediately.

JouRNAL OF THE SENATE.
.The House has agreed to the following resolution, in which they respectfully ask the concurrence of the Senate, to-wit:
A resolution instructing the superintendent of the Lunatic Asylum as to the admission of a certain class of pa tients.
On motion of Mr. Lumpkin, the Senate took up, and concurred in, the joint resolution from the House of Representatives ''To provide for the acceptance, by the State of Georgia, of the proposal of the mayor and council of the city of Atlanta, to convey to said State a site on which to build a capitol, and to adjust and settle with said mayor and council their proposal to build for said State a capitol building."
The Senate took up and concurred in the joint resolution from the House of Representatives, "Instructing the superintendent of the Lunatic Asylum as to the admission of a certain class of patients."
The following bills of the House of Representatives were read the first time, and referred to the Committee on Local and Special Bills, to-wit:
A bill "To confirm an ordinance of the city council of Augusta, entitled an ordinance to create a sinking fund, passed the 10th day of March, A. D., 1877, as amended by an ordinance passed the 6th day of August, A. D., 1877, and for other purposes."
A bill ''To amend an act to require the rna) or of the city of Augusta to discharge the duties of recorder of said city, to limit the salary of said mayor, and for other purposes."
A bill "To amend an act entitled an act to authorize the city council of Augusta to create a board of health for said city."
A bill "To regulate the publication of the regi~tered voters of the city of Augusta."
A bill ''For the relief of Richard H. Leonard, ordinary

AUGUST I I, 1879
of the county of Talbot, from certain disabilities," etc., and
A bill ''To amend an act entitled an act to provide that the treasurer of Richmond county shall be allowed a salary, and to fix the amount thereof, and for other purposes, approved February 2d, I 876."
On motion of Mr. Cabaniss leave of absence was granted Mr. Clements, of the I sth, on account of personal indiSJ.OSition.
The bill of the House of Representatives "To repeal an act entitled an act to provide for the payment of certain insolvent costs in the Augusta Judicial Circuit, approved February I 5th, I873, in so far as said act applies' to the county of Richmond," was read the first time and referred to the Committee on the Judiciary.
The bill of the House of Representatives ''To amend the charter of the town of Crawfo.rdville, so as to authorize the town council of said incorporation to levy a special license tax on the sale of spirituous or malt liquors within said incorporation," was read the first time and referred to the Committee on Corporations.
The bill of the House of Representatives 'To authorize the board of education of Whitfield county to order the payment of one hundred and three dollars of the common school fund, a balance due the county school commissioners for services rendered and expenses incurred in the year I87 I," was read the second time and passed to a third reading.
The bill of the Senate "To require the Governor to appoint a competent physician as one of the Board of Trustees of the Lunatic Asylum," was read the second time and passed to a third reading.
The Senate took up, as the report of the Committee of the Whole, the bill ''Defining lobbying and prescribing punishment for the same," for which the Committee on the Judiciary reported a substitute of the following titl.e,

186

JouRNAL OF THE SENATE

to-wit: A bill "To carry into effect paragraph 5, section 2, article r, of the Constitution, to de'ine the crime of lobbying, and to provide for the punishment of the same."
The Judiciary Committee, to whom the subject matter was recommitted, reported the following amendment to the proposed substitute, which was agreed to, towit : Strike out in the 10th line the words "purely professional services," between the words ''include" and "such," and insert after the word ''such" the word "services." Also strike out in the I 2th and I 3th lines, the words "other proper authority,'' and insert the words ''member of the General Assembly."
Mr. Clements, of the 44th, offered to amend the substi tute by a bill "To carry into effect paragraph 5, section 2, articie I, of the Constitution, to define the crime of lobbying, and to provide for the punishment of the same."
Pending discussion on the proposition to adopt the last mentioned amendment, the rules were suspended, on motion of Mr. Hodges, and the time of the session extended, on motion of Mr. Cumming, when the Senate took up, as the report of the Committee of the Whole, the bill of the House of Representatives, "To incorporate the Hartwell Railroad Company, and for other purposes, said railroad to run from Bowersville to Hartwell, Hart county, Ga."
The Committee on Corporations, to whom the same was referred, recommended that the bill do pass with the following amendments, which were severally agreed to, to wit : Amend section 2d by striking out the words "charging such an amount for freight and passenger tariffs as may be considered expedient."
Amend section 3d by striking out between the words "minutes" and "ratified" the word "or" and inserting in lieu thereof the word "are."
Amend section 4th by striking out the final ''s" in the word ''summons.''

AuGUST I I, I 879
Amend section 5th by inserting after the words "touching the same" this proviso, to-wit:
"Provided, That such prospective value shall not be offset against the actual value of the land taken by the company."
The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 32; nays, I. The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof: JVIr. President : The House of Representatives has passed the following bill, which I am instructed to transmit forthwith to the Senate, to-wit: A bill "To be entitled an act to change the time of holding Lumpkin and Dawson Superior Courts, of the Blue Ridge Circuit," by a vote of ayes, 9 I ; nays, o. The House has concu.rred in the amendments of the Senate to the following bill of the House, and I am instructed to inform the Senate immediately, to-wit: A bill ''To be entitled an act to authorize the issue of interest bearing bonds by the mayor and council of the city of Macon, for refunding the present bonded debt, and funding that part of the floating debt of the city of Macon hert:in specified; to provide for the sale and exchange of said bonds through a commission; to redeem and pay off said bonded and floating debt; to provi::le for the levy and collection of a tax for the payment of the principal and interest of said bonds, and to prescribe the manner in which said bonds shall be issued and paid off, and for other purposes." The House has also passed the following bill of the Senate, which I am instructed to transmit immediately to the Senate, to-wit: A bill "To be entitled;an ,act to_ cede to the United States of America certain land in the Savannah nver, op-

188

JouRNAL oF THE SENATE

posite Cockspur Island, and the jurisdiction of the same,"

by a vote of ayes, 99 ; nays, o.

Mr. Wellborn, chairman of the Committee on Enrollment,

submitted the following report :

Mr. President:

The Committee on Enrollment report as duly enrolled,

signed by the Speaker of the House of Representatives,

and ready for the signature of the President of the Senate,

the following act, to-wit:

An act "To amend an act to charter the Louisville

Branch Railroad Company, approved August 24, 1872; to

change the name of said company; to make the town of

Wadley the point of junction with the Central Railroad,

and for other purposes.''

c. J. WELLBORN,

Cltarman, pro tem.

Mr. Howell offered the following privileged resolution,

which was agreed to, to-wit :

"Resolved, That Hon. Thomas 0. Wicker, of the county

of Washington, be invited to a seat on the floor of the

Senate during his stay in this city."

The hour of adjournment arrived, and the President

declared the Senate adjourned until 10 o'clock, a. m., to-

morrow.

SENATE CHAMBER, } Tuesday, August 12tlz, 1879, 10 o'clock, a. m.

The Senate met pursuant to adjournment, the President

in the chair.

Prayer by the Hon. Mr. Clarke of the 13th.

On the call of the roll, the following Senators answered

to their names, to-wit:

Boyd, Bower,
Cabaniss,

Grimes,

Preston,

Hamilton of the 21st, Russell,

Harrison,

;;immons,

AuGUST rz, r879

Candler, Casey, Clarke, Clements of the 44th,
Clifton, Cumming, Drake, DuBose, Duncan, Fain,

Hawkins, Head, Hodges, Holcombe,
Howell, Hudson, Lumpkin, McDaniel, McLeod, Peny,

Speer. Staten, Stephens, Tison of the 4th, Tison of the 10th, Troutman, Tumer, Wellborn,
MR. PRESIDENT.

The journal was read and approved. The Senate resumed consideration of the unfinished business of yesterday, to-wit: the bill ''Defining lobbying, and prescribing punishn:ent for the same," together with a substitute proposed by the Judiciary Committee, as

amended by the Senate, and the amendment offered by Mr. Clements of the 44th, in the nature of a substitute for the substitute reported by the committee.
On the question of adopting the substitute proposed by Mr. Clements, the ayes and nays were required to be recorded.
Those who voted in the affirmative are, to-wit-Messrs.

Cabaniss,
Clements of the 44th, Cumming, DuBose, Duncan, Grimes, Harrison,

Hawkins,
Head, Hodges, Howell, Hudson, McLeod, Simmous,

Stephens, TiPon of the lOth, Troutman, Turner,
MR. PRESIDENT.

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

Boyd, Bower, Candler, Casey. Clarke, Clifton,
Ayes, 19.

Drake, Fain, Hamilton of the 21st, Holcombe, Lumpkin, McDaniel,
Nays, I 8.

Perry, Preston, Russell,
Staten, Tison of the 4th, Wellbom.

So the substitute was adopted, and the report, as amended, was agreed to.

The bill was read the third time, and on the question of its passage, as amended, the ayes and nays were required to be recorded.

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

19()

JouRNAL oF THE SENATE

Cahani~R,
Clements of the 44th, Clifton, DuBose, Duncan, Fain, Grimes, Hawkins,

Head, Hodges, Howell, Hudson, Lumpkin, McLt'Od, Husscll,

Sinunons:,
Staten, Tison of the 4th, Tison of the lOth Troutman, Turner. Wellborn.

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

Boyd, Bower, Candler,
Casey, Clarke,

Cumming, Drake Hami!'ton of the 21st,
Harrison, Holcombe,

McDaniel, Perry, Preston, Stephens,
MR. PRESIDENT.

Ayes, 22. Nays, 15.

So the same, not having received a constitutional major ity, was lost.

Mr. Hudson offered the following privileged resolution, which was agreed to, to-wit:

"Resolved, That the Hon. T. :VL Norwood be invited to a seat on the floor of the Senate."

Mr. Cabaniss offered the following privileged resolution, which was agreed to, to-wit:
''Resoh1ed, That the Hon. F. G. Wilkins, mayor of the city of Columbus, be invited to a seat on the floor of the Senate during his stay in this city."
On motion of Mr. Clarke, the rules were suspended, when he offered the following resolution, which was read and agreed to, to-wit :
"Resolved, That the rules of procedure, upon the impeachment of W. L. Goldsmith, be amended by adding to rule 6th the following words: 'Before assuming the chair, the Chief Justice shall take the same oath, which shall be administered by one of the associate justices ofthe Supreme Court, or by some judge of the Superior Court of this State,' "
The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof:

AucusT I 2, 1879
Mr. President : The House of Representatives insist upon its amend-
ment to the hllowing bill of the Senate, to-wit: A bill "To be entitled an act to carry into effect para-
graph I8, section 7, article 3 of the Constitution, in reference to granting corporate powers," and request a committee of conference on said bill, and has appointed as such committee, on part oi the House, Messrs. Yancey, Mynatt and Kinsey.
The House has concurred in the following resolution of the Senate, to-wit:
A resolution ''To authorize the Governor to employ some proper person to remove from the State House the odious sign, 'Kimball Opera House.' "
The House has passed the following bills, to-wit: A bill "To be entitled an act to so alter and amend section 6 of an act entitled an act to create a board of commissioners for the county of Gwinnett, and to prescribe and define the powers and duties thereof, approved August 26th, I872, and for other purposes." Also a bill "To be entitled an act to incorporate the Brunswick and St. Simons Telegraph Company, and for other purposes." Also a bill "To be entitled an act to amend section 1961 of the Code of 1873, in relation to the probate of mortgages for record. " Also a bill ''To be entitled an act to change the time of holding the Superior Court for the county of Mitchell." Also a bill ''To be entitled an act to amend the charter of the Cherokee Iron Company, so as to authorize said compony to build and operate a railroad from Cedar Town, Georgia, to the Selma, Rome and Dalton; Railroad, and for other purposes." Also a bill "To be entitled an act to incorporate the town of Thomson, in the county of Columbia, now McDuffie, approved December 16th: I859, so far as relates to increase

}OUR~AL OF THE SENATE
of the tax on sale of spirituous liquors, and for other purposes."
Also a bill "To prevent the driving or grazing of dis eased cattle into places other than those where the cattle are diseased, and to fix a penalty for the same."
A bill 'To be en.titled an act to amend the fifth section of an act to alter an amend an act entitled an act to incorporate the stockholders of Cartersville and Van Wert Railroad Company, etc., approved October 25th, 1870," so as to strike from s:.id section the words ''and all suits against said company shall be instituted and tried at Cartersville, Georgia, in the courts there to be held, of competent jurisdiction.
Also a bill "To be entitled an act to amend sections 95 r, 952 and 953 of the Code, relative to the issuance of lost bonds or coupons, so as to apply the same to bonds or coupons, as well as to lost bonds and coupons."
Also a bill ''To be entitled an act to declare and amend the laws of this State touching the jurisdiction and modes of procedure in the Superior Courts in certain cases, so far as relates to counties having therein a city of ten thousand or more inhabitants."
Also a bill "To be entitled an act to amend an act, approved February the 21st, 1876, which amended an act, approved August 27th, 1872, to ':reate a board of commissioners ofroads, public buildings, public property and finances of the county of Monroe, and for other purposes."
Also a bill ''To be entitled an act to prohibit the sale or furnishing of spirituous, malt or other intoxicating liquors within McDuffie county, and to provide a punishment for the same."
Also a bill "To be entitled an act to authorize the Comptroller-General to administer oaths."
Also a bill 'To be entitled an act to alter an amend

AuGusT r2, rS;9.
section 4747 of the Codeof 1873, on the subject of bail in criminal cases."
Also a bill "To be entitled an act to authorize and empower the county commissioners of Houston county to purchase property whenever and wherever put up forsale in said county, or elsewhere, under executions for State and county taxes, or under any legal process in which said county is plaintiff, or is otherwise interested, either directly or collaterally, and for other purposes."
Also a bill "To be entitled an act to fix the pay of tax receiver and collector of Laurens county, and to consolidate the office of county treasurer and clerk of the Superior Court of said county, and for other purposes, approved February 27th, r877."
Also a bill 'To be entitled an act to repeal an act entitled an act to apportion the road hands in the counties of Emanuel and Johnson, and for other purposes, approved February 27th, r877, so far as the same applies to the county of Johnson."
Also a bill "To be entitled an act to amend section 3036 of the Code of I 873, authorizing employes of railroad companies to recover for injuries done them by employes."
Also a bill ''To be entitled an act to provide for the redemption of land sold for State and county taxes, and and taxes due municipal corporations in this State, and for other purposes.''
The bill ''To change the time of holding the Superior Courts of Douglas county," was read the second time and passed to a third reading.
The bill "To prescribe the times for holding the Su_ perior Courts," was read the second time and passed to a third reading.
Mr. Bower gave notice of his intention to move a reconsideration of the action of the Senate in relation to the bill on the subject of lobbying.
13

JouRNAL OF THE SENATE
The reconsidered bill of the House of Representatives ''To alter and amend section 28 of the school law of August 22d, 1872, and to carry into effect, as to the past, the concluding words of that section," was taken up, on motion of Mr. Russell, and, on motion of Mr. Holcombe, recommitted to the Commi~tee on Education.
The bill of the House of Representatives "To confer additional powers upon the tax collectors of the several counties of the State, and to make said tax collector!:. exofficio sheriffs in certain cases, and for other purposes," was, on motion of Mr. Cabaniss, taken from the table and recommitted to the Committee on Finance.
The following bills of the House of Representatives were read the first time and referred to the Judiciary Committee, to-wit:
A bill "To revise the jury box in the:county of Harris, and for other purposes," and
A bill "To change the times of holding Lumpkin and Dawson Superior Courts, of the Blue Ridge Circuit."
The bill of the House of Representatives "To amend section 1676 of the Code of Georgia, with reference to the crea[ion of private corporations by the courts of this State," was read the first time and referred to the Committee on Corporations.
The Senate took up, as the report of the Committee of the Whole, the bill "To require the Governor to appoint a competent physician as one of the Board of Trustees of the Lunatic Asylum."
The report was agreed to. The bill was read the third time and passed by a consti tutional majority, there being ayes, 28 ; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill "To change section 4814 of the Code, and to prevent the punishment of female persons by sentence to work in the chain gangs, or on public works." The Committee on the Judiciary reported in favor of its

AuGUST 12, 1879
passage by a substitute of the follo~ing title, to-wit : a bill "To prohibit the employment of females convicted of misdemeanors and sentenced to work in chain gangs, or in any labor unsuitable to their sex."
The substitute was adopted. The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 30; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill "To repeal section 3095 of the Code, and the substituting another in lieu thereof." The Judiciary Committee recommended that the bill do pass, with the following amendments, which wereadopted, to-wit: Amend section rst by striking out of the 13th line thereof the words "demurred to, or." Also, by striking out the word "motion," in the 14th line of said section, and inserting the word 'demurrer." Also, by adding after the word ''law," in the 16th line of said section, the following words, to-wit: "But that the complainant may have the same right to proceed, as if his cause had been commenced at law." The report, as amended, was agreed to. The bill was read the third time and passed, as amended, . by a constitutional majority, there being ayes, 24; nays, 2. The Senate took up, as the report of the Committee of the Whole, the bill ''For the prevention of cruelty to animals." The Judiciary Committee reported in favor of its passage by a substitute. The substitute was adopted. The report, as a;nended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 28; nays, 3 The bill "To define the crime of being a tramp, and to prescribe a penalty therefor," was taken up for a third

JouRNAL oF THk 'SENATE
reading. For this bill the Judiciary Committee recom mended a substitute.
On motion of Mr. Harrison, the subject matter pending was made the special order for Thursday next, 1 2 o'clock,
m., and fifty copies oi the substitute, as offered by the Ju-
diciary Committee, were ordered to be printed for the use of the Senate.
On motion of Mr. Clements, of the 44th, the Senate went into executive ::.ession. After remaining some time therein, it returned to open session, and on motion, the time of the morning session was extended, and the Senate again went into executive session. Some time being again spent therein, the Senate returned to open session, and the time of adjournment having arrived, the President declared the Senate adjourned until 10 o'clock, a. m., tomorrow.

m.} SENATE CHAMBER,
Wednesday, August 13, 1879 10 o'clock, a.

The Senate met pursuant to adjournment, the President

in the chair. Prayer by the Rev. W. F. Qui!lain.

On the call of the roll, the following Senators answered

to their names, to-wit:

Boyd, Bower, Cabaniss, Candler, Casey, Clarke, Clements of the 44th,
Clifton, Cumming, Drake, DuBose, Duncan, Fain, Grimes,

Hamilton of the 14th, Hamilton of the 21st, Harrison, Hawkins, Head,
H"dg~s,
Holcombe, Holton, Howell, Hudson, Lumpkin, McDaniel, 1\'IcLeod,

The. journal was read and approv

Perry, Preston, Russell, SimmoDs,
Speer, Staten, Stephens, Tison of the 4th, Tison of the 10th,
Troutman, Turner Wellborn, Mn. PRESIDENT.

197

Mr. Bower moved a reconsideration of so much of the

journal of yesterday as relates to the action of the Senate

on the bill "defining lobbying, and to provide punishment

for the same."

Pending discussion of this proposition, the hour of I I o'clock, a. m., arrived, for which the bill in relation to the

publication of the decisions of the Supreme Court, and to fix a salary for the reporter of the same, had been made

the special order.

On motion of Mr. Bower, 1he said special order was discharged until the proposition to reconsider should be dis-

posed of. 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 respect-

fully invites the consideration of your honorable body m

executive session. The Senate resumed the question of reconsideration.

The ayes and nays thereon were required to be recorded. Those who voted in the affirmative are, to-wit-Messrs.

Boyd, Bower, Candler, Casey, Clarke Clements of the 44th, Ulifton, DrakP, Duncan, Fain,
Hamilton of the 14th,

Hamilton of the 21st,

Hawkins,

Hercd.

Hodges.

Holcombe,

Holton,

Howell,

Lumpkin,

McDaniel,

McLeod,

Perry,

.

Preston, Russell, Simmons, tlpeer, Staten, Tisc.n of the 4th, Troutman, Tnrne:, wellborn,
MR. PRESIDENT.

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

Cabaniss, Cumming, DuBose,

Harrison, Hudson,

Stephens, Tiwn of the lOth,

Ayes, 32. Nays, 7

So the motion to reconsider prevailed.

The following messages were received from the HousQ

JoURNAL OF THE SENATE
of Representatives, through Mr. Geotchius, the Clerk thereof. Mr. President:
The House of Representatives has passed the following bills, to-wit:
A bill ''To be entitled an act to amend the acts incorporating the Georgia Banking and Trust Company, so as to provide for the reduction of its capital stock."
Also a bill "To incorporate the Georgia Branch of the National Bell Telephone Company, and for other purposes."
Also a bill '' To be entitled an act to authorize the ordinary of Jackson county to issue county bonds to build a court house in said county, and to provide for the redemption of the same, and for other purposes."
Also a bill "To be entitled an act to repeal an act con solidating the offices of clerk of the Superior Court and county treasurer of Paulding county, approved February 22d, 1877."
Also a bill ''To be entitled an act to alter and amend the road laws of this State, so far as relates to the county of Fulton, and for other purposes."
Also a bill ''To be entitled an act to amend an act to establish a new charter for the city of Atlanta, approved February 28th, 1874, and the several acts amendatory thereof, in so far as to authorize the mayor and general council of said city to levy and collect a business tax, as therein provided; to make a just and proper classification ; fixing the time for opening and closing the tax books of said city, and for other purposes therein mentioned."
Also a bill "To be entitled an act to amend an act approved February 28th, 1874, entitled an act to establish a new charter for the city of Atlanta, and for other pur poses.
Also a bill '' To be entitled an act to create a city government for the town of Eatonton, in Putnam county, and

AUGUST J J, I8]Q.
to confer upon the authorities thereof certain powers, in lieu of the present town government, and for other purposes."
The House has concurred in the amendments of the Senate to the following bill of the House, to-wit:
A bill "To be entitled an act to incorporate the Hartwell Railroad Company," and I am instructed to transmit to the Senate the action of the House thereon, forthwith.
The House has also passed the following bill, to-wit: A bill "To be entitled an act to amend an act to establish a nt!w charter for the city of Atlanta, approved February 28th, 1874, and the general acts amendatory thereof, so far as to provide for three instead of five water commissioners for said city, and to provide their compensation," etc. The following message was received from His Excellency the Governor, through his Secretary, Mr. Avery, to-wit: Mr. President: His Excellency, the Governor, has approved and signed the following resolution, to-wit : A resolution that the Governor offer a suitable reward for the apprehension of any person forging the great seal of the State in the matter of land grants. On motion of Mr. McDaniel, the special order of this day was discharged and made the special order for Friday, the 15th instant, at 1 1 o'clock, a. m. Mr. McDaniel moved that the rules be suspended for the purpose of taking up the bill, just reconsidered, in relation to "lobbying." On motion of Mr. Clarke, the s:J.me was so amended as to include, in the object of the suspension, the bill "To carry into effect paragraph 18, section 7, article 3, of the Constitution, by prescribing the manner in which corporate powers may be granted." The motion of Mr. McDaniel, as amended, prevailed,

200

JouRNAL oF THE SENATE

and the Senate took up the last mentioned bill; the same being a Senate bill, was amended in the House by a substitute, and passed. The Senate refused to concur in the House amendment, and the House refused to recede therefrom, and asked a committee of conference thereon.

On motion of Mr. Clarke, the Senate insisted upon its disagreement to the House amendment, and granted the committee of conference asked.

The President appointed as such committee, on the part ofthe Senate, Messrs. Clarke, Hawkins and Head.

The Senate took up, as the report of the Committee of the Whole, the reconsidered bill ''defining lobbying, and prescribing punishment for the same," etc.

For this bill the Judiciary Committee reported a substitute, and Mr. Clements, of the 44th, proposed to amend the substitute reported by the said committee, by a bill ''To carry into effect paragraph 5, section 2, article I, of the Constitution, to define the crime of lobbying, and to provide for the punishment of the same."

On the question of agreeing to the amendment of Mr. Clements, the ayes and nays were required to be recorded.

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

Cabaniss, Clements of the 44th,
Cumming, DuBose,

Harrison, Head, Hodges, Hudson,

McLeod, Simmons, Stephens, Turner.

Duncan,

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

Boyd, Bower, Uandler, U>1sey, Clarke, Clifton, Drake, Fai:I,
Ayes, r3

Hamilton of tbe 14til, Hamilton of the 21st, Holcombe, Holton, Howell, Lumpkin, :McDaniel. Perry,
Nays, 23.

Prl'~ton,
Huosell, Speer, Staten, Tison of the 4til, 'Veil born,
MR. PI!EBIDENT.

So the proposed amendment of Mr. Clements was lost. Mr. Head offered to amend the substitute of the Judi

AUGUST 13, 1879.

201

ciary Committee by a bill ''To declare lobbying a crime,

and to provide suitable penalties for the same."

On the question of agreeing to this amendment, the

ayes and nays were required to be recorded.

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

Cabaniss, Clements of the 44th,
Cumming, Duncan, l!'ain,

Harrison, Head, Hudson, McLeod,

Bussell,

Simmons,

Tur
MR.

nPe~rESIDENT.

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

Boyd, Bower, Candler, Casey, Clarke, Clifton, Drake,
DuBose,

Hamilton of the 14th, Hamilton of the 21st, Hodges, Holcombe, Holton, Howell, Lumpkin,
McDaniel,

Perry, Preston, Speer, Staten, t';tephens, Tison of the 4th, Wellborn.

Ayes, 13. Nays, 23.

So the amendmei1t proposed by Mr. Head was not

agreed to.

Mr. Duncan moved to amend the substitute proposed

by the Judiciary Committee, by striking out from the Ist

section, the words "during a session thereof."

On the question of agreeing to this amendment the ayes

and nays were required to be recorded.

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

Cabaniss,

Clements of the 44th,

Cumming,

1

Drake,

DuBose,

Duncan,

Harrison, Head, H,Jdges,
Holton, Howell, Hudson,

McLe1d,
Hussell, Speer, ::;tephens, Turner.

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

Boyd, Bower, Candler Casey, ' Clarl{e, Clifton,
Fain,

Hamilton of the 14th, Hanl:lton of the 21st, Holcombe, Lumpkin, McDaniel, Perry,

PrestO I, Simmons, Staten, Tison of the 4th, Wellbnrn,
MR. PRESIDENT.

Ayes, 17. Nays, 19.

So the amendment proposed by Mr. Duncan was not

agreed to.

202

JOURNAL OF THE SENATE

Mr. DuBose moved to amend the substitute of the committee by striking out of the 6th line thereof the words "by any person who misrepresents the nature of his interest in the matter to such member."

The same was not agreed to. The following amendments, proposed by the Judiciary Committee to the substitute of said committee, on its recommittal thereto, were .:;everally agreed to, to-wit :

Amend section 1st by striking out in the 10th line, the words ''purely professional services," between the words ''include" and ''such," and insert after the word "such" the word "services.''

Also amend by striking out from the 12th and J 3th lines the words ''other proper authority," and inserting the words "member of the General Assembly."

The substitue, as amended, was adopted.

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.

Bnyd, Bower,
Candler, Casey, Clarke, Clements of the 44th, Clifton, Drake.
Duncan,

Fain, Hamilton of the 14th,
Hamilton of the 21st, Holcombe, Holton, Howell. J,umpkin, McDaniel,
Perry,

Preston, Russell, Speer, Staten, Stephens, Tison of the 4th, Wellborn,
MR. PRESIDENT.

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

Cabaniss, Cumming, DuBose,
Harrison,

Read, Hodgs, Hudson,

McLeod, Simmons, Turner.

Ayes, 26. Nays, 10.

So the bill was passed, as amended, by a constitutional

majority.

Mr. McDaniel, chairman of the Judiciary Committee,

made a report on certain bills, which was read.

AuGUST 13, 1879

20,3

Mr. Russell, chairman of the Committee on Enrollment, submitted the following report : Mr. President:
The Committee on Enrollment report as duly enrolled, and ready for the signatures of the President and Secretary, "An act to cede to the United States of America certain land in the Savannah river, opposite Cockspur Island, and the jurisdiction over the same."
Also a resolution "To authorize the Governor to employ some proper person to remove from the State House the odious sign, ''Kimball Opera House."
Mr. l.abaniss, chairman of the Committee on Finance, made a report on certain bills, which was read.
Mr. Clements of the 44th, chairman of the Committee on Local and Special Bills, made a report on certain bills, which was read.
On motion of Mr. Lumpkin, the Senate went into executive session, and, having spent some time therein, returned to open session.
On motion of Mr. Candler, the rules were suspended, and the session extended for the purpose of reading House bills the first time.
The following bills of the House were read the first time and referred to the Judiciary Committee, to-wit:
A bill "To prevent the driving or grazing of diseased cattle into places other than those where the cattle are diseased, and to fix a penalty for the same."
A bill 'To provide for the redemption of land sold for State and county taxes, and taxes due municipal corporations in this State, and for other purposes."
A bill "To amend section 3036 of the Code of 1873, authorizing employers of railroad companies to recover for injuries done them by employes."
A bill ''To amend section 1951 of the Code of 1873, in relation to the probate of mortgages for record."
A bill ''To declare and amc:nd the laws of this State

204

JouRNAL oF THE SENATE.

touching the jurisdiction and modes of procedure in the Superior Court, in certain cases, so far as relates to the counties having therein a city of ten thousand or more inhabitants."

A bill ''To change the time of holding the Superior Court for the county of Mitchell."

A bill "To amend the 5th section of an act to alter and amend an act entitled an act to incorporate the stockholders of the Cartersville and Van Wert Railroad Company, etc., approved October 25th, 1870," so as to strike from said section the words, "and all suits against said company shall be instituted and tried at Cartersville, Georgia, in the courts there to be held, of competent jurisdiction."

A bill "To alter and amend section 4747 of the Code of 1873, on the subject of bail in criminal cases," and

A bill ''To authorize the Comptroller-General to ad-

minister oaths."

The following bills of the House were read the first time

and referred to the Commiitee on Local and Special Bills,

to-wit:

A bill ''To authorize and empower the county commissioners of Houston county to purchase property whenever

and wherever put up for sale in said county, or elsewhere, under execution for State and county taxes, or under any legal process in which said county is plaintiff, or is otherwise interested, either directly or collaterally, and for other purposes."

A bill ''To ameud an act to incorporate the town of Thomson, in the county of Columbia" (now McDuffie),

aproved December16th, 1859, so far as relates to increase

of the tax on the sale of spirituous liquors, and for other

purposes."

,

A bill ''To amend an act to fix the pay of. tax receiver

and collector of Laurens county, and to consolidate the

office of county treasurer and clerk of the Superior Court

205
of said county, and for other purposes, approved February
27th, r8n." A bill "To amend an act to establish a new charter for
the city of Atlanta, approved February 28th, 1874, and the several acts amendatory thereof, so far as to provide for three, instead of five, water commissioners for said city, and to provide their compensation."
A bill "To amend an act entitled an act to establish a new charter for the city of Atlanta, approved February 28th, 1874, and the several acts amendatory thereof, in so far as to authorize the mayor and general council of said city to levy and collect a business tax, as therein provided; to make a just and proper classification of business for taxation; fixing the time for opening and closing the tax books of said city, and for other purposes therein mentioned."
A bill "To amend an act, approved February 21st, 1876, which amended an act, approved August 27th, 1872, to create a board of commissioners of roads, public buildings, public property and finances, for the county of Monroe, and for other purposes."
A bill ''To repeal an act consolidating the offices of clerk of the Superior Court and county treasurer of Paulding county, approved February 22d, 1877."
A bill ''to alter and amend the road laws of this State, so far as relates to the county of Fulton, and for other purposes."
A bill "To prohibit the sale or furnishing spirituous, malt, or other intoxicating liquors, within McDuffie county, and provide punishment for the same."
A bill ''To repeal an act entitled an act to apportion the road hands in the counties of Emanuel and Johnson, and for other purposes, approved February 27th, 1877, so far as the same applies to the count)' of Johnson," and
A bill "To alter and amend section 6 of an act entitled an act to create a board of commissioners for the county

2o6

JouRNAL oF TH~ SENATE

of Gwinnctt, and to prescribe and define the powers and duties thereof, approved August 26th, 1872, and forother purposes."
The bill of the House "To amend the acts incorpora ting the Georgia Banking and Trust Company, so as to provide for the reduction of its capital stock," was read the first time and referred to the Committee on Banks."
The following bills of the House were read the first time, and referred to the Committee on Finance, to-wit:
A bill "To authorize the ordinary of Jackson county to issue county bonds to build a court house in said county, and to provide for the redemption of the same, and for other purposes."
A bill ''To amend sections 9 5 I, 9 52 and 953 of the Code, relative to the issuance of lost bonds or coupons, so as to apply the same to the bonds or coupons, as well as to lost bonds and coupons," and
A bill "To amend an act, approved February 28, 1874, entitled an act to establish a new charter for the city of Atlanta, and for other purposes."
The following bills of the House were read tp.e first time, and referred to the Committee on Corporations, to-wit:
A bill "To incorporate the Brunswick and St. Simons Telegraph Company, and for other purposes."
A bill "To amend the charter of the Cherokee Iron Company, so as to authorize said company to build .md operate a railroad from Cedartown, Georgia, to the Selma, Rome and Dalton Railroad, and for other purposes."
A bill 'To create a city government for the town of Eatonton, in Putnam county, and to confer upon the au thorities thereof certain powers, in lieu of the present town government, and for other purposes."
A bill "To incorporate the Georgia Branch of the National Bell Telephone Company, and for other purposes."
The hour of adjournment having arrived, the President

AUGUST 14, 1879

207

declared the Senate adjourned until 10 o'clock, a. m., tomorrow.

SENATE CHAMBER, } Thursday, August 14, 1879, 10 o'clock, a. m, .

The Senate met pursuant to adjournment, the President

in the chair.

.

Prayer by the Hon. Mr. Clarke of the I Ith.

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

their names, to-wit:

Boyd, Bower,
Cabaniss, Candler, Casey, ('Iarke. Clements:of the 44th, Clifton, Cumming, Drake, DuBose,
Dunc>Ln, Fain,

Hamilton of the 14th, Hamilton of 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 lOth, Troutman, Tnrner, Wellborn,
MR. PRESIDENT

The journal was read and approved.

Mr. McDaniel, chairman of the Judiciary Committee,

and Mr. Clements of the 44th, chairman of the Commit

tee on Local and Special Bills, made reports on certain

bills, which were read.

Mr. Russell, chairman of the Committee on Enrollment,

submitted the following report:

Mr. Presz"dmt:

The Committee on Enrollment report as duly enrolled,

signed by the Speaker of the House of Hepresentatives,

and ready for the signature of the President of the Senate,

the following resolutions, towit:

"A resolution instructing the superintendent of the Lu-

natic Asylum as to the admission of a certain class of

patients.

Also a resolution 'To provide for the acceptance by the

State of Georgia of the proposal of the mayor and council

208

JouRNAl oP THE SENATE

of the city of Atlanta, to convey to said State a site on which to build a capitol, and to adjust and settle with said mayor and council their proposal to build for said State a capitol building."
Also an act "To authorize the issue of interest bearing bonds by the mayor and council of the city of Macon, for refunding the present bonded debt, and for other purposes "
D. A. RussELL, Chairman.
On the call of the roll, the following bills were introduced, read the first time, and referred to the Judiciary Committee, to-wit :
By :Mr. HoltonA bill "To make it unlawful to kill wild deer, under certain circumstances," and By Mr. Simmons-
A bill "To amend section 66 r of the revised Code of 1873, in relation to the amount of the fine to be imposed upon the road commissioners."
Mr. Holton offered the following resolution, which was read, to-wit :
"Resolved, That on and after Monday, the 18th instant, the Senate will meet at 9 o'clock, a. m., each day, and adjourn on motion."
The following privileged resolutions were introduced, read and agreed to, to-wit :
By Mr. HudsonA resolution inviting Hons. B. A. Strang-e, A. Allen, B. W. Ray and John McRae to seats on the floor of the
Senate." By Mr. TurnerA resolution inviting Hon. Wm. D. Mitchell to a seat
on the floor of the Senate during his stay in this city. By Mr. Tison of the lOthA resolution inviting Colonel B. G. Lockett, Major R.
S. Rust, Colonel L. E. Welch, Captain R. Hobbs, Hon.

AUGUsT 14, 1879
John W. Forrister and Colonel E. G. Simmons to seats on the floor of the Senate during their stay in this city.
By Mr. DuncanA resolution tendering a seat on the floor of the Senate to Hon. James H. Fannin, of Troup county, during his stay in the city.
By Mr. CliftonA resolution inviting Captain S. D. Bradwell to a seat on the floor of the Senate during his stay in this city.
The following bills of the House were read the second time, and passed to a third reading, to-wit:
A biii "To repeal an act to provide for the payment of certain insolvent costs in the Augusta Judicial Circuit, approved February I 5th, 1873, in so tar as said act applies to the county of Richmond."
A bill "To confirm an ordinance of the city council of Augusta, entitled an ordinance to create a sinking fund, passed the 10th day of March, A. D. I 877, as amended by an ordinance passed the 6th day of August, 1877, and for other purposes."
A bill "To authorize the Comptroller-General to administer oaths."
A bill ''To regulate the publication of the registered voters of the city of Augusta."
A bill "To amend an aet to require the mayor of the city of Augusta to discharge the duties of recorder of said city; to limit the salary of said mayor, and for other purposes."
A bill ''To change the time of holding Lumpkin and Dawson Superior Courts, of the Blue Ridge Circuit."
A bill ''To amend an act entitled an act to provide that the treasurer of Richmond county shall be allowed a salary, and to fix the amount thereof, and for other purposes, approved February zd, 1876."
A bill ''To prohibit the catching of fish for the purpose of shipping or selling, from the waters of the Little.
14

:ilo

JouRNAL OF THE SENATE

Ocmulgee river, in the county of Telfair, and to prescribe a penalty for the same."
A bill ''To amend an act entitled an act to authorize the city council of Augusta to create a board of health for said city."
A bill "For the relief of Richard H. Leonard, ordinary of the county of Talbot, etc."
A bill "To amend the 5th section of an act to alter and amend an act entitled an act to incorporate the stockholders of the Cartersville and Van V\Tert Railroad Company, etc., approved.,October 25th, I 870."
A bill ''To prevent the driving or grazing of diseased cattle into places other than where the cattle are diseased, and to fix a penalty for the same."
A bill "To alter and amend section 4747 of the Code of 1873, on the subject of bail in criminal causes," and
A bill ''To change the time of holding the Superior Court for the county of Mitchell."
The bill of the House ''To amend section I96I of the
Code of I 873, in relation to the probate of mortgages for
record," on which the Judiciary Committee reported adveresely, was taken up, the report agreed to, and the bill, therefore, lost.
The Senate bill "To amend section I7 I7 of the Code, in relation to proceedings in divorce cases," wa::; taken up for a second reading, and, on motion, laid on the table.
The Senate bill "Requiring receivers and collectors of taxes in this State, to return by name dealers in spirituous, vinous or malt liquors, or intoxicating bitters, and to give the amount of special tax paid by each dealer, or from any person from whom a special tax has been received, and the date of said payment, and for other purposes," was read the second time, and passed to a third reading.
The bill of the Senate "To provide for the better organization and discipline of the volunteer troops of the State," etc., was taken up for a third reading, and, on motion of

211
Mr. Perry, the same was made the sprcial order for Tuesdav next, 11 o'clock, a.m., and one hundred copies thereof ordered to be printed for the use of the Senate.
The Senate took up, as tht: report of the Committee of the Whole, the bill "To prescribe the time for holding Superior Courts.
The report was a,greed to. The bill was read the third ti~e and passed, by a constitutional majority, there being ayes, 23; nays, o. Mr. Troutman offered the following privileged resolution: ' Resolved, That the courtesies of the Senate be extend-
ed to ex-Senator vV. J. Anderson, of the county of Hous-
ton, by an invitation to a seat in the Senate chamber during his stay in the city."
The Senate took up, as the report of the Committee of the Whole, the bill ''To change the time of holding the Superior Court of Douglas county."
The report was agreed to. The bill was read the third time and passed, by a constitutional 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 "To confer certain additional powers upon the tax collectors of the several counties of the State, and to make said tax collectors ex-officio sheriffs, in certain cases, and for other purposes," The Finance Committee, to whom the same was referred, recommended that the bill do pass, with the following amendment, which was agreed to, to-wit : Add after the word "State" in the 5th line of the 1st section (from the bottom), the words ''except when it may become necessary for the purpose of enforcing the same, to send said executions to any other county or counties than that which issued." On motion of Mr. McDaniel, the same was further amended by adding to section 1st the following proviso, towit: "Provided, levies upon realty shall be returned to

212

JouRNAL oF THE SENATE

the sheriff, and sales be made by him, as now provided by law."

The report, as amended, was agreed to. The bill was read the third time, and on the question of its passage, as amended, the ayes and nays were required to be recorded. Those who voted in the affirmative are, to-wit-Messrs.

Cabaniss,
Candler, Casey, Clarke, Clifton, Cumming, Dmke,
DuBose,

Duncan,
F11'" Hamilton of the 14th, Hamiltnn of the 21st, Harri,;un, Holcombe, Howell.
Hudson,

McLeod,
Perry, Simmons, Speer, Staten, Troutman, Turner.
Wellborn.

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

Boyd, Bower, Clements of the 44th, Head, Hodges,

Holton, Lumpkin, McD11uiel, Preston.

Bussell, Stephens, Tison of the 4t!J, Mn. PRESIDENT.

Ayes, 24. Nays, 13. So the bill was passed, as amended, by a constitutional majority. Mr. Boyd gave notice of his intention to move a reconsideration of the last mentioned bill. The bill of the House ''To regulate the rates and man. ner of legal advertising in this State, and to prohibit sheriffs, coroners, clerks, marshals, or other officers, from receiving or collecting, either from the plaintiffs or defend ants, other or greater fees than herein provided, and making a disregard of the requirements of this act, extortion, and prescribing the punishment therefor," was taken up for the third reading, and, without being read, recom mitted to the Judiciary Committe. The Senate took up, as the report of the Committee of the Whole, the bill ''To define the crime of being a tramp, and provide punishment therefor." The Judiciary Committee reported in favor of its pass age, by substitute, of the following title, to-wit: A bill

AuGUST 14, 1879

213

''To amend section 4560 of the revised Code of 1873, which relates to the definition and punishment of vagrants."
The subject matter having been recommitted to the Judiciary Committee, viz : the original bill, and proposed substitute, said committee recommended the following amendments to the latter, which were severally agreed to, to-wit:
Amend caption by inserting after the word ''vagrants," where it occurs therein, the following words: ''And to provide for the punishment of tramps therein."
Amend, further, by striking out of the 1zth line of the rst ::.ection, the word "persons," and inserting, in lieu thereof, the word ''tramps."
The 3d line of the 1st section was amended, on motion of Mr. Bower, by striking out the word "persons," where it occurs therein, and inserting, in lieu thereof, the word ''tramps."
On motion of Mr. Harrison, the substitute was further amended, as follows, to-wit:
Amend 1st section of substitute, by inserting, after the word' 'by, "in the zd line, the words' 'or shall,in the discretion of the court, be bound out to so:ne person, for a time not longer than one year, upon such valuable consideration as the court may prescribe ; the person giving bond, in a sum not exceeding three hundred dollars, payable to said court, and conditioned to clothe and feed and provide said convict with medical attention for and during said time." Also amend the 1st section of said substitute by striking therefrom ',all that part beginning with the words "o1 shall," in the I 8th line, and ending with the word "time," in the zzd line.
Mr. Fain called for the previous question. The call was sustained and the main question put, towit: The proposition to adopt the substitute as amended. On this the ayes and nays were required to be recorded. Those who voted in the affirmative are, to-wit-Messrs,

214

JoURNAL OF THE SENATE

Boyd, Bower, Cabaniss, Candler, Vasey, Clifton,

Cumming, DuBose, Fain, Harrison, Head, Howell,

Hudson, Lumpkin, McDaniel,
~peer,
Turner,
Wellbnrn.

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

Clarke,
Clements of the 44th, Drake, Duncan, Hawkin~, Hodges, Holcombe,

Holton,
McLeod, Perry, Preston.
Russell, Simmons,

Ayes, 18. Nays, 19.

Statr>n.
Stephen~,
Toson of the 4th, Tison of the lOth, Troutman,
MR. PRESIDENT.

Sa the substitute, as amended, was not adopted.

The report 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.

Boyd, Cabaniss, Casey,
Clifton, Drake,
Duncan, Hodges,

Holcombt, Holton, Howell,
McLeod, Perry,
Preston, Russell,

Simmons. Speer, Staten,
Tison uf the 4th, Tis0n of the lOth,
Troutman. l\IR. PnESJDENT.

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

Bower, Candler, Clarke, Clements of the 44th, Cumming,
DuBose,

Fain, Harrison, Hawkins, Head, Hudson,

Lumpkin, McDaniel, Stephens, Turner, Wellborn.

Ayes, 21. Nays, 16.

So the bill, not having received a constitutional ma-

jority, was, therefore, lost.

Mr. Russell gave notice of his intention to move a re-

consideration of the same.

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

the Whole, the bill of the House "To exempt from jury

duty ministers of the gospel, physician5, apothecaries,

school teachers, millers, ferryman, certain railroad em-

:us

ployees, all male persons over sixty years old, and all tele-

graph operator!'." The Judiciary Committee reported in favor of the
passage of the bill, with the following amendments, which were agreed to, to-wit: Strike from the title the words "all male persons over sixty years old," and insert the words ''certain firemen."
Amend section rst by <>triking out the words, "all male persons over sixty years old," and inserting "officers and members of any fire company in this State, to the number of twenty-five, doing active duty as firemen, whose names shall be filed in the office of the clerk of the Superior

Court, by the secretary of each company, on or before the first day of January of each year."
The report, as amended, was adopted.

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.

Boyd, Bower, Cabaniss, Casev, Clarke, Clifton, Cumming,
DuBose,

Duncan, Fain, Head,
Hodges, Howell, Hudson, McDaniel,
:McLeod,

Perry, Preston,
Rus~ell,
Speer, Stephens, Troutman, Turner,
We1lbtJrn.

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

Candler, Clements of the 44th, Drake, Hanis.m,
Hawkins,

Holcombe,
Holton, Lumpkin, Simmons,

Staten, Tison of the 4th, Tison of the 10th.
MR. PRESIDENT.

Ayes, 24. Nays, 13.

So the bill was passed, as amended, by a constitutional

majority.

The hour of adjournment having arrived, the President declared the Senate adjourned until 10 o'clock, a. m., to-morrow.

216

JouRNAL OF THE SENATE

SENATE CHAMBER,

}

Friday, August IStlz, 1879, 10 o'clock, a.m.

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

Prayer by the Hon. Mr. Hudson of the 13th. On the call of the roll, the following Senators answered to their names, to-wit:

Boyd, Bower, Cabaniss, Candler, Casey, Clarke,
Cliftou,
Clements uf the 44th, Cumming, Drake,
DuBo~e,
Duncan, Fain,

Hamilton of the 14th, Hamilton of the 21st, Harrison, Head, Hodges, Holcombe, holton, Howell, Hudson, Lumpkin, McDaniel, McLeod, Perry,

Preston, Russell, Simmons, Speer, Staten,
St~pbens,
Tis n of the 4th, Tison of the lOth, Troutman, Turner, Wellborn,
MR. PRESIDENT.

The journal was read and approved.

The following privileged resolutions were offered and agreed to, to-wit:
By Mr. ClarkeA resolution inviting the Hon. R. E. Kennon and Colonel M. L. McDowell to seats on the floor of the Senate during their stay in this city. By Mr. CaseyA resolution extending a similar courtesy to Captain F. E. Eve, of Columbia county; also By Mr. PerryA resolution extending an invitation to Hon. John C. Dell to a seat in the Senate Chamber during his stay.in this city; also By Mr. Tison of the)othA resolution inviting Judge Robert J. Ragan to a seat on the floor of the Senate during his stay in the city. On motion of Mr. Troutman, leave of absence was granted Mr. Hawkins for a few days, on account of sickness.



217

On motion of Mr. Cabaniss, leave of absence was granted the Secretary of the Senate for a few days, on account of personal indisposition.
On motion of Mr. Russell, so much of the journal of yesterday was reconsidered as relates to the bill "To declare it a crime to be a tramp, and prescribe a penalty for the same."
On his motion, this bill was referred to a special committee of three.
The President announced as said committee: Messrs. Russell, Speer and DuBose.
On motion of Mr. Harrison, so much of the journal of yesterday was reconsidered, as relates to the passage of the bill of the House "To exempt from jury duty ministers of the gospel, physicians, apothecaries, school teachers, millers, ferrymen, certain railroad employes, all male persons over sixty years old, and all telegraph operators."
The rule was suspended, on motion of Mr. Harrison, and the last foregoing bill was taken up.
The Juciciary Committee proposed to amend the title
by striking out the words '' all male persons over sixty years of age," and inserting in lieu thereof, the words " certain firemen."
Also to amend section 1 by striking out the words ''all male persons 0\er sixty years old," and inserting, in lieu thereof, '' officers and members of any fire company in this State, to the number of twenty-five, doing active duty as firemen, whose names shall be filed in the office of the clerk of the Superior Court, by the secretary of such company, on or before the first day of January in each year."
Mr. Harrison offered the followi,-.g as an amendment to the proposed amendment of the Judiciary Committee, towit: Amend title by adding the words ''and certain firemen;" amend section Ist, by adding the following after the word "operates" in the 16th line, towit: "Officers and members of any fire company in this State, to the number

JOURNAL OF THE SE~ATE.



of twenty-five, doing active duty as firemen, whose names shall be filed in the office of the clerk of the Superior Court, by the secretary of such company, on or before the first day of January of each year."

The amendment offered by Mr. Harrison was agreed to.

Mr. McDaniel moved to amend the title, and the 1st section of the biil, by striking out the. wore ''sixty" and inserting the word "seventy."

Mr. Holcombe proposed to amend the amendment of Mr. McDaniel by substituting ''sixty-five" for "seventy," where it occurs.

The amendment of Mr. Holcombe was agreed to, and the amendment of Mr. McDaniel agreed to, as amended.

On motion of Mr. Russell, the bill was amended, by striking out the words '' of fire companies," and inserting in lieu thereof, the words ''of each fire company."

On motion of Mr. \Vel!born, the bill was further amended by adding to the 1st section the following words, to-wit: "Or to exclude them from the jury box."
The report, as amended, was agreed to. The bill was read the third time, and on the question of its passage, as amenued, the ayes and nays were required to be recorded. Those who voted in the affirmative are, to-wit-Messrs.

Boyd, B,wer, Cabaniss, Casc>y, Clarlw, Clifton, Cumming Drake, DuBose,

Duncan, Fain. Hamilton of the 14th, Ha111ilton of the 21st,
HmTi~cm,
Hndgrs, Howell, H wlsnn, McDaniel,

Perry, Preston, Russell, Simmons, Speer, Stephens, Troutman, Turner.

Those who voted in the negative are, to-wit-Me~srs.

Candler, (JlenJPnts of the 44th, Head, Holcombe,

Holton,
Lnmpkin, MeLeod, Staten,

Ayes, 26. Nays, 12.

Tison of the 4th, Tisnn o! the lOth, Wellbom,
MR. PRESIDENT,

AuGUST 15, 1879
So the bill, as amended, was passed by a constitutional majority.
The following message from the House of Representatives was received, through Mr. Goetchius, the Clerk thereof: Mr. President:
The House of Representatives has passed the following bill, in which they ask the concurrence of the Senate, towit:
A bill ''To be entitled an act to amend section 4370 of the Code of Georgia, defining the offense of shooting at another, and prescribing a penalty therefor," by a constitutional majority of ayes, 98; nays, o.
The House has also passed the following bill of the Senate, to-wit :
A bill "To be entitled an act to establish the State line between Georgia and North Carolina, so far as the same is the line between Rabun county, in Georgia, and Macon county, in North Carolina, and to provide for the survey of the same," and I am instructed to transmit the action of the House thereon forthwith to the Senate.
Mr. Boyd moved the reconsideration of so much of the journal of yesterday as relates to the passage of the bill of the House "To confer additional powers upon the tax collectors of the several counties of the State, and to make them ex-officio sheriffs in certain cases, and for other pur poses."
The motion to reconsider did not prevail. The Senate took up the special order for this day, towit, the bill !'To regulate the publication and sale of the Supreme Court reports, and to fix the salary of the reporter." Pending discussion on the same, Mr. Wellborn having the floor, and yielding for the purpose, on motion of Mr. Boyd, the rules were suspended, and the Senate took up the report of the Committee of the Whole on the bill of

'220

jOURNAL OF THE SENATE

the House "To change the time of holding Lumpkin and Dawson Superior Courts, of the Blue Ridge Circuit."
The report was agreed to.
The bill was read the third time and passed, by a constitutional m2jority, there being ayes, 29; nays, o.
Under a further suspension of the rules, the Senate took up, as the report of the Committee of the Whole, the bill of the House "To authorize the county commissioners of Bibb county to purchase the 'Wiley Turnpike, in said county, and make the same a free crossing; to levy a tax for the purchase money, and for other purposes."
The report was agreed to.
The bill was read the third time and passed, by a consti tutional majority, there being ayes, 31; nays, o.
On motion of Mr. Cumming, the Secretary was instructed to transmit the two last mentioned bills forthwith to the House of Representatives.
Mr. Wellborn yielded the floor further for a motion submitted by Mr. Howell, that the session be extended indetinitdy. This motion prevailed.
The rule was further suspended, on motion of Mr. Hudson, to allow reports of standing committees.
Mr. Hudson, chairman of the Committee on Education; Mr. Cabaniss, of the Finance Committee, and Mr. McDaniel, of the Judiciary Committee, made reports on certain bills, which were read.
Mr. Russell, chairman of the Committee on Enrollment, submitted the following report: Mr. President :
The Committee on Enrollment report as duly enrolled, signed by the Speaker of the House of Representatives, and ready for the signature of the President of the Senate, the following acts of the House of Hepresentatives, to-wit:

rs. AuGUST

1879

2ZI

An act "To incorporate the Hartwell Railroad Com-

pany, and for other purpnses."

D. A. RussELL,

Chairman.

On m~tion of Mr. Hudson, the rules were further sus-

pended, when the Senate took up, as the report of the

Committee of the Whole, the bill of the House ''To alter

and amend section 28 of the school law of August 22,

1872, and to carry into effect, as to the past, the concluding

words of that section.

The same was amended, on motion of the Committee on Education, by adding after the word coul}ty, in the sixth line of the 1st section, the words "or city, as the:case may be."

The report, as amended, was agreed to.

The bill was read the third time and on the question of its passage, as amended, the ayes and nays were required to be recorded.

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

Boyd, (;abaniss, Candler, Clarke,
Clifton, Cumming, Drake, DuBose,

Duncan,

Russell,

Fain,

1:5pcer,

Hamilton of the 14th, Stephens,

llead,

Tison of the lOth,

Hodges,

Trontman,

Holconbe.

Wl.'llborn

Hucl~on,

l\ln. PRE;IDENT.

!\; cLeod,

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

Bower, CI~ments of the 44th, Hamill on of the 21st, Howell,

Lumpkin, McDaniel, Perry, Preston,

Simmons, Staten, Turner.

Ayes, 23. Nays, 1 r.

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

Under a suspension of the rules, the following bills of the House were read the second time, and passed to a third reading, to-wit:

A bill "To authorize the ordinary of Jackson county to issue county bonds to build a court house in said county,

222

}OURNAL OF THE SENATE

and to provide for the redemption of the same, and for other purposes," and
A bill "To create a Board of Police Commissioners for the city of Augusta, in this State; to define its powers and duties, and for other purposes."
The following message was received from the House, through Mr. Goetchius, the Clerk thereof:
.1Wr. Presz"dent: I am directed by the House of Representatives to lay
before the Senate the following resolution, to wit:
A resolution, ''That the House of Representatives have framed and adopted articles of impeachment against Washington L. Goldsmith, Comptroller-General, and that the House of Representatives is, at such time as the Senate may designate, ready to appear and lay before the Senate said articles of impeachment; and that the House of Representatives have selected as managers to conduct, in behalf of the House of Representatives and all the people of the
State, the trial of the said Washington L. Goldsmith,
Comptroller-General,_ under said articles of impeachment, the following members of the House of Representatives, to wit: Hon. H. G. Turner, Hon. \V. M. Hammond, Han. C. D. Philipp, Hon. I. H. Polhill, Han. B. M. Davis, Han. W. I. Pike and lion. A. P. Ad<tms.";
Mr. Clarke offered the following resolution, which was taken up, read and agreed to, to-wit:
"Resolved, That the House of Representatives be forth with informed that the Senate will be ready to-morrow
morning, at IO! u'clock, to receive the managers appoint-
ed by the House for the purpose of exhibiting articles of
impeachment against Washington L. Goldsmith, Comp-
troller-General." The action of the Senate in adopting the foregoing
resolution was unanimously reconsidered, for the purpose of amending the same by striking out the words ''the

AuGUST 16, 1879

223

managers appointed by the House," and inserting, in lieu thereof, the words ''the House of Representatives."
The resolution, as amenued, was agreed to, and the President instructed the Secretary to inform the House of Representatives in accordance with its terms.
The Senate, on motion, adjourned until 10 o'clock, a. m.,
to-morrow.

SENATE CHAMBER,

}

Saturday, August 16, 1879, lO o'clock, a. m.

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:

Boyd, Hower,
Cai.Janiss, Candler,
Casey, CCllearmkee~ts of the 44th, Clifton, Cumming,
Drake, DuBose, Duncan, Fain,

Folks, Hamilton of the 14th,
Hamilton of the 21st, Harnson,
Head, H oclges, Holcourbe, Hollon, Howell,
Hudson, MLcu.Dm~tpukiienl,, MeLevd,

Perry, Preston, Hussell, S11nnwns, Speer, t'itaten, Stephens, Tison of the 4th, Tison of the lOth, Troutman, Turner WelllH;rn,
Mu. Pu&SIDENT.

The journal of yesterday was read and approved.

T.he consideration of tht; bill to regulate the publication

and sale of the Supreme Court reports, and to fix the

salary of the reporter, was resumed, Mr. wellborn having

the floor.

The following message was received from the House of

Representatives, through Mr. Goetchius, the Clerk thereof:

Mr. Preszdent:

The House of Representatives has concurred in the

Senate amendments to the following House bill, to-wit:

A bill "To be entitled an act to confer additional pow-

ers upon tax collectors of the several counties of the

224

JouRNAt oF TRR SENATE

Srate, and to make said tax collectors ex-o.f!ido sheriffs in certain cases, and for other purposes," and I am instructed to transmit to the Sen<:.te the action of the House thereon forthwith.
On motion of :\fr. Cumming, the bill now pending was laid on the table for the present.
Mr. McDaniel, chairman of the Judiciary Committee, made a report, which was read.
Mr. Clements, chairman of the Committee on Local and Special Bills, made a report, which was read.
Mr. Russell, chairman of the Committee on Enrollment, submitted the following report:
Mr. President: The Committee on Enrollment report as duly enrolled,
and ready for the signature of the President, the following act, to-wit:
An act "To establish the State line between Georgia and North Carolina, so far as the same is the line between Rabun county in Georgia, and Macon county, in North Carolina, and to provide for the survey of the same."
At this juncture, the regular progress of legislative business was suspended by the appearance of the Speaker and members of the House of Representatives at the door of the Senate, for the purpose preferring, formally, articles of impeachment against Washington L. Goldsmith, Comptroller-General.
This duly being performed (see appendix), and the Speaker and members of the House of Representatives having retired, the ordinary business of legislation was resumed by the Senate.
Mr. Russell offered the following resolution: ''Resolved, That one hundred copies of the articles of impeachment against Washington L. Goldsmith, ComptrollerGeneral, be printed for the use of the Senate." Mr. Lumpkin moved to amend, by striking out one

AuGUST 16, 1879.
. hundred, and inserting five hundred, which was agreed to, and the resolution, as amended, was adopted.
The resolution "To change the hour of meeting of the Senate," was, on motion, referred to a special committee, consisting of Messrs. Lumpkin, Howell and Cumming.
Mr. Russell, chairman of the Committee on Enrollment, submitted the following report: Mr. President:
The Committee on Enrollment report as duly enrolled, signed by the Speaker of the House of Representatives, and ready for the signature of the President of the Senate, the following act, towit:
An act ''To authorize the county commissioners of Bibb county to purchase the \Viley Turnpike, in said county, and to make the same a free crossing; to levy a tax for the purchase money, and for other purposes therein named."
D. A. RussELL, Chairman.
On motion of Mr. Holcombe, House bills were taken up for second reading, as foiiows:
A bill "To revise the jury box in the county of Harris." A bill ''To amend the act incorporating the Georgia Banking and Trust Company." A bill "To declare and amend the laws of this State, touching the jurisdiction and modes of procedure in the Superior Courts."
A bill "To amend sections 951, 952 and 953 of the
Code.'' A bill "To amend an act, approved February 28, 1874,
entitled an act to establish a new charter for the city of Atlanta."
A bill "To provide for the redemption of lands sold for State and county taxes."
A bill "To alter and amend section 6 of an act entitled an act to create a board of commissioners for the county Gwinnett, etc."
IS

226

JouRNAL oF THE SENATE

A bill "To amend an act, approved February 21, 1876, which amended an act, approved August 27, 1872, to create a board of commissioners of roads, public buildings, etc., in the county of Monroe."
A bill "To authorize and empower the commissioners of Houston county to purchase property put up for sale in said county for State and county taxes."
A bill "To amend an act to fix the pay of tax receiver and tax collector of Laurens county."
A bill 'To amend an act entitled an act to establish a new charter for the city of Atlanta, approved February 28, 1874"
A bill ''To repeal an act consolidating the office of clerk of the Superior Court and county treasurer of Paulding county.''
A bill "To repeal an act entitled an act to apportion the road hands in the counties of Emanuel and Johnson."
A bill 'To alter and amend the road Ia ws of this State." A bill ''To amend an act to establish a new charter for the city of Atlanta, approved February 28, 1874, and the several acts amendatory thereof." The following House bill was read the first time, to-wit : A bill "To amend section 4370 of the Code of Georgia, defining the offense of shooting at another." The following Senate bills were read the first time, to-wit: A bill ''To make it unlawful to kill wild deer, under certain circumstances." A bill "To amend section 661 of the Code, in relation to fines to be imposed upon road commissioners." The Senate took up, as the report of the Committee of the Whole, the bill of the House "To amend an act entitled an act to provide that the treasurer of Richmond county shall be allowed a sal;1ry, and to fix the amount thereof, and for other purposes, approved February 2d, 18]6." The report was agreed to.

AuGUST 16, I879

227

The bill was read the third time and passed, by a constitional majority of ayes, 31; nays, o.
The Senate took up, as the report of the Committee of the Whole, the bill of the House ''To amend an act to require the rna) or of the city of Augusta to discharge the duties of recorder of said city, to limit the salary of said mayor, and for other purposes."
The report was agreed to. The bill was read third time and passed by a constitutional majority, there being ayes, 29; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill of the House ''To authorize the ordinary of Jackson county to issue co,unty bonds to build a court house in said county; to provide for the redemption of the same, and for other purposes." The report was agreed to. The bill was read the third time and passed, by a constitutional majority, there being ayes, 30; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill of the House "To authorize the Comptroller-General to adrr:inister oaths." The report was agreed to. The bill was read the third time and passed, there being ayes, 26 ; nays, o.
The Senate took up, as the report of the Committee of the Whole, the bill of the House ''To regulate the publication of the registered voters of the city of Augusta."
The report was agreed to. The bill \vas read the third time and passed, there being ayes, 28; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill of the House ''To amend an act entitled an act to authorize the city council of Augusta to create a board of health for said city." The bill was read the third time and passed, there being ayes, 29 ; nays, o.

'228

JOURNAL OF THE SENATE

The Senate took up, as the report of the Comttiittee of the Whole, the bill of the House ''For the relief of Richard H. Leonard, ordinary of the county of Talbot, from his disability under section-; 127 and 328 of the revised Code of 1873, so far as it relates to estates not fully administered at the time of his election and qualification, by allowing and requiring him to make his returns as executor of James P. Leonard, as trustee of Sarah C. Weeks, and as guardian of Harriet V. Boon, to the ordinary of Taylor county."
Mr. Bower moved to refer to the Committee on the J udiciary.
The motion was lost. The report of the committee was agreed to. The bill was read the third time and passed, by a constitutional majority, there being ayes, 24; nays, 8. The Senate took up, as the report of the Committee of the \Vhole, the bill of the House ''To prohibit the catching of fish for the purpose of shipping or selling, from the water:; of the Little Oc:nulgee river, in the county of Telfair, and to provide a penalty for the same." The Judiciary Committee reported the following amend ments, to-wit: Amend the 7th line of sectio'l I st by inserting after the word 'fish," the following words, ''except upon his own land." Also amend the I I th line of sc:ction I st, by striking out the word5 "or to se:l them without shipping." The report, as amended, was agreed to. The bill was;read the third time and p1ssed, as amended,
by a constitutional majority, there being ayes, 27; nays, o.
Under a suspension of the rules, Mr. Cumming introduced the following bill, which was read the first time, to-wit:
A bill ''To declare the time of holding the Superior Courts of this State."
Referred to Committee on the Judiciary.

AuGusT IS, 1879.
Leave of absence was granted Messrs. McDaniel and Boyd, for a few days, on important business.
The hour of adjournment arrived, and the President declared the Senate adjourned until 10 o'clock, a. m., Monday.

SENATE CHAMBER, } Monday, August I8, I879, 10 o'clock, a. m.

The Senate met pursuant to adjournment, the President

in the chair.

Prayer by the 1Ton. Mr. Clarke of the I I th. On the call of the roll, the following Senators answered

to their names, to-wit :

Boyd, B0wer, Bryan, Cabaniss, Candler, Casey, Clarke, Clemeuts 11f the 44th, Clifton
Cumming, llrake, DuBose,

Dl<ncan, Fa\n, Folks, Hamilton of the 14th, Harrison,
H~ad,
Hodges, Holton, Howell,
Hudson, Lumpkin, McLeod.

Perry, Preston, Russell, Simmons, Speer, Staten, Stepilens, Tison of the 4th, Tison of the lOth, Turner, Wellborn,
lVIR. PRESIDENT.

The journal was read and approved.

Leave of absence was granted Messrs. Hamilton of the

21st, and Troutman of the 23d, fur a few days, on impor-

tant business.

Mr. Hudson offered th~ following privileged resolution,

which was read and agreed to, to-wit :

"Resolved, That the Hon. \Villis A. Hawkins be invited

to a seat on the floor of the Senate during his stay in this

city."

Mr. Clarke, chairman of the of the Committee on Cor-

porations, made a report, which was read.

Mr. Russell, chairman of the special committee to

whom was referred the bill " To define the crime of being

JouRNAL OF THE SENATE
a tramp, and to prescribe a penalty therefor," made a report thereon, which was read.
On motion of Mr. Howell, the biil of the House'' To alter and amend the road laws of this State, so far as relates to the county of Ft1lton, and for other purposes," was taken up and recommitted to the Committee on Local and Special Bills.
On the call of the"roll for the introduction of new matter the following bills V:ere introduced, read the first time: and referred to the Judiciary Com:nittee, to wit:
By Mr. Russell (by request)A bill "To prevent the sale of spiritous liquors after the 1st of January, 188o, except in incorporated towns, villages and cities, having by law authority to grant licenses, and for other purposes," and By Mr. Tison of the 4thA bill "To require the plaintiff in a case of bail in trover, or \Vrit of possession for personal property, to deposit the jail fees in advance, or give a bond with good security for the payment of jail fees weekly, said bond to be approved by the keeper of the jail, and for other purposes." On motion of Mr. Clarke, the bill of the House "To prohibit railroad or other incorporated companies of this State, or of other States, or foreign States, doing business in this State, from making contracts with their employes, whereby said employes are required to waive damages in case of injury, and to delaresuch contracts null and void," was laid on the table. The Senate took up, as the Committee of the Whole, the bill of the House "To fix the fees of justices of the peace and notaries public, who are ex-officio justices of the peace, and constables, in appeal cases in Justices' Courts. The report was agreed to. The bill was re3.d the third time and passed by a constitutional majority, there being ayes, 26; nays, o. On motion of Mr. Cabaniss,_the bill of the House ''.To

AUGUST I8, 1879
make it penal for tax collectors in this State to have and hold in their possession an amount of money belonging to the State, or any of the counties therein, exceeding the sum of five thousand dollars, at any one time, and to prescribe the punishment therefor," was laid on the table.
The following message was received from the House of Repre-;entatives, through Mr. GJetchius, the Clerk thereof: Mr. Presidmt:
The House of Represe 1tatives has passed the following bill, to-wit:
A bill "To be entitled an act to repeal an act entitled an act to provide for the registration of electors in the counties of Thomas, Lowndes. Decatur, Mitchell and Camden, and to prevent illegal votin:; in the same, approved Febi'Uary 23d, r875. so tar as the county of Mitchell is concerned."
The House has also had under con-;ideration the Senate amendments to the following bill of the House, to-wit:
A bill "To be entitled an act to exempt from jury duty ministers of the gospel, physicians, apothecaries, school teachers, millers ferrymen, certain railroad employes, all male persons over sixty years old and all telegraph operators," and have concurred in the third amendment to said bill, and have refused to concur in the first and second amendments to said bill, and have also refused to concur in the amendments to the title of said bill, and I am in. structed to transmit the action of the House thereon to the Senate forthwith.
The Senate took up, as the report of the Committee of the Whole, the bill of the House "To amend an act, approved February 28th, I 874, entitled an act to establish a new charter for the city of Atlanta, and for other purposes."
The evidence that notice of the intention to apply for the passage of the said bill had been published in. the place and manner, and for the time prescribed by the constitu-

JouRNAL OF THE SENATE

tion and laws of this State, was exhibited in the Senate at

and before the passage of the bill.

The report 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.

Boyd, Bower, Cabaniss, Candler, Casey. Clements of the 44th, Clifton, Drake, DuBose, Duncan, Fain,

Folks. Hamilton of lhe 14th, Harrison, Heacl, Hotltres Holt';;n,' Howell, Hudson, Lumpkin, :McLeod, Perry,

Preston, Russell, Simmons, Speer, Staten, Tison of the 4th, Ti~on of the 10th, Turner, Wellborn,
MR. PRESIDENT.

Ayes, 32. Nays, o.

So the bill was passed by a constitutional majority.

On motion of Mr. Lumpkin, the bill of the House of

Representatives ''To establish State depositories in the

cities of Atlanta, Athens, Augusta, Columbus, Macon,

Savannah, Rome, Americus, Albany, Gainesville, Haw-

kinsville, Griffin and LaGrange, and to prescribe their

duties and liabilities," was recommitted to the Judiciary

Committee.

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

the Whole, the biil "To prevent the forfeiture of recog-

nizances in criminal cases, except when the prosecuting

officer is ready for trial, and for other purposes.''

The report was agreed to.

The bill was read the third time and passed, by a consti-

tutional majority, there being ayes, 24; nays, o.

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

the Whole, the bill of the House of Representatives "To

prescribe the manner and specification,; for letting the

public printing to the lowest bidder, in accordance with

article 7, section I 7, paragraph I, of the Constitution."

The report was agreed to.

AuGUST 18, 1879.

233

The bill was read the third time and passed, by a con stitutional majority, there being ayes, 28; nays, r.
Mr. Preston gave notice of his intention to move a re consideration of said bill.
The following message was received from His Excel-
lency, the Governor, through Mr. A very, his Secretary, to-wit:' Mr. President:
His Excellency, the Governor, has approved and signed the following act, to-wit:
An act "To cede to the United States of America certain land in the Savannah river, opposite Cockspur Island, and the jurisdiction of the same,"
Also a resolution "To authorize the Governor to employ some proper person to remove from the State House the odious sign, 'Kimball Opera House.' "
The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof: Mr. Presidmt :
The House of Representatives has adopted the following resolution, to-wit:
A resolution "Inviting the Senate to meet the House in joint session, during the presentation and reception of the portrait of the late Dr. Crawford W. Long, recently donated to the'State."
The House has also adopted the following resolution, to-wit:
A resolution "Postponing the special order f0r 12 o'clock to-day, to some future day, notice of which will be duly given the Senate," and I am instructed to transmit the action of the House thereon to the Senate forthwith.
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 2970 of the Code, and for other purposes."
The ] udiciary_ Committee,_to ~whom the same was re-

234

JouRNAL OF THE SE~ATE

ferred, reported in favor of its passege, with the following amendment, which was agreed to, to-wit: Strike out from section I st the words ''other common carriers," and insert the words "other incorporated companies."

Mr. DuBose proposed to amend further by adding to the ISt section, the following words: ''Nor shall the same apply to natural persons."

So the same wa~ agreed to.

The report, as amended, was agreed to.

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

of its passage, as am~nded, the ayes and nays were re-

quired to be recorded.

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

Boyd, Candler, Clifton, DuBose, Duncan, Fain,
Folks, Harrison,

Head, Hodges, Holcombe, Holton, Lumpkin, l\Ic Leod,
Perry, Preston,

Rmsdl, Simmons, Staten, :I'ison of the 4th, Tison of the 10th, Turner, Weliborn,
MR. PHESIDENT.

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

Bower, Bryan, Cabmiss,

Clements of the 41th, Howell,

Cumming,

Hudson,

Drake,

Speer.

Ayes, 24. Nays, 9
. s~ the bill was passed by a constitutional majority.

Mr. Head, from the committee of confetence appoint-

ed on the bill "To carry into effect paragraph IS, section

7, article 3, of the Constitution, by prescribing the man-

ner in which corporate powers m:1y be granted," made the

following report:

Mr. President:

The undersigned committee of the Senate, appointed to

confer with a like committee from the House upon the

amendment made by the House to Senate bill No. 67,

having met said House committee in joint conference, said

joint committee have agreed upon the following recom-

mendations:

AuGusT 18, 1879.

235

1st. That the substitute adopted by the House, in lieu of Senate bill No. 67, be amended by striking off the final ''s" from the words ''sections,'' which occurs in section 2d.

zd. That said substitute be amended by striking out of section 2d the words and figures following: ''And sixteen hundred and seventy-seven (1677)."

3d. That said section be amended by adding thereto the following proviso: "Provzded, that this act shall not apply to the incorporation of associations of churches, and

shall not repeal or affect an act, approved December I 6th, r8;8, entitled an act to repeal section r677 of the Code, and, in lieu thereof, to provide for the granting and amending of charters for schools, academies, colleges and churches."

The said committee recommend that said substitute, .when so amended, be passed.

[Signed]

JOHN T. CLARKE,
W.J. HEAD,
SAMUEL HAWKrc;s,
Senate Committee.
w. B. YANCEY,
Clzaziman.
P. L. MYNATT,
J. J. KIMSEY,
House Committee.

On motion of Mr. Head, the foregoing report was taken up and adopted.

Mr. Russell, chairman of the Committee on Enrollment, submitted the following report:

Mr. Pteszdent:

The Committee on Enrollment report as duly enrolled, signed by the Speaker of the House of Representative, and ready for the signature of the President of the Senate, the following acts, to-wit :

An act "To change the time of holding the fall term. of

JouRNAL OF THE SENATE
the Superior Court of Lumpkin and Dawson counties, of the Blue Ridge Circuit."
Also an act' 'To confer additional powers upon the tax collectors oithe several counties of the ~tate, and to make said tax collectors ex officio sheriffs in certain cases," and for other purposes.
D. A. RussELL, Clzairman.
The Senate, on motion, adjourned until IO o'clock, a. m., to-morrow.

SENATE CHAMBER, } Tuesday, August 19, 1879, IO o'clock, a. m.

The Senate met pursuant to adjournment, the President in the chair.
Prayer by the Rev. John Jones, D. D., Chaplain of the House of Representatives.
On the call of the roll, the following Senators answered to their names, to-wit-Messrs.

Boyd, Bower, Bryan.
Ca!)ani~s,
Camllcr, Uasey, Clarke, Clements of the 44th, Clifton, Cumming, DDurBa0k~ee, Duncan,

Fain, Folks.
Hamilton of the 14th, Hamilton of the 21st, Harrison, Hawkms Head, '
Hodgt's, Holr:ombe, Hollon, Howell, Hudson, Lumpkin,

Me Lend, Perry, Preston, Hnssell, Simmons, Speer, Staten, St('pllens, Tison of the 4th, Tison of t!Je 10th, Tnrner Well!H;rn,
l\ln. PI!E81DENT.

The journal was read and approved. Mr. Preston moved a recoi1sideration of so much of the journal of yesterday as reiates to the passage of the biil of the House of Representatives "To prescribe the manner, terms and specifications for letting the public printing to the lowest bidder, in accordance with article 7, section 17, paragraph 1, of the Constitution."

Audust '9 r879.

237

Pending the discussion of the motion to reconsider, the hour of II o'clock, a. m., arrived, for which the bill "To provide for the better org:mization and discipline of the volunteer tro::>ps," etc., had been made the special order.

On motion of Mr. Boyd, the special order was discharged until I r o'clock, a. m,, to-morrow.

Mr. Harrison called for the previous question. The call was sustained, and the main question was put, to-wit: Shall the bill be reconsidered ? On this the ayes and nays were required to be recorded.

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

Boycl, Br.van, Callan iss, Candler, Ciil'ton,
Cununing,

DnBose, Folks, Hamilton of the 21st, Hoclcres, Hm!8on,

Perry,
Pr<'ston, Tis m of the lOth Turner.
~Ill!. PRESIDENT.

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

Bower Casey,'
CClleamrkme~ts of the 44th,
Drake, Duncan Humiltdn of the 14th,

Harri..:Pn, 1-fawkius,
Head Hok;mhc, B<>lton, Lumpkin,

M<>Lmcl,
Hu~sell,
SL'tllllOllS,
Staten, StPphens, Wei! born.

Ayes, I6. Nays, 19.

So the motion to reconsider did not prevail.

Mr. Harrison, chairman of the Committee on Internal Improvements, mJ.de a report on a certain bill, which was read.

The following mess:1ge was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof: .JJfr. President :
The House of Representatives has passed the following bill, to-wit:

A bill "To be entitled an act to authorize and provide for the organization of chain gangs for misdemeanor convicts in this State," by a constitutional majority of ayes, 99; nays, o.

JouRNAL OF ThE SENATE

The House has also agreed to the following resolution, to-wit:

A resolution' 'To present the name of Crawford W. Long, the discoverer of ancesthesia, and James Oglethorpe, the historic founder of the Commonwealth, to the art gallery established by Congress, to represent Georgia," and I am instructed to transmit the action of the House thereon to the Senate forthwith.

Mr. Hudson offered the following privileged resolution, which was read and agreed to, to-wit :

''Resolved, That Hon. L. M. Felton, Hon. W. H. Willis and Maj. Moses Speer, be invited to a seat on the floor of the Senate during their stay in this city."

Mr. Fain offered the following privileged resolution,

which was read and agreed to, to-wit:

"Resolved, That the Rev. W. P. Cramer, of the city of New Orleans, be tendered a seat on the floor of the Senate during his stay in this city."

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

Mr. Presidmt:

His Excellency, the Governor, has approved and signed

the following act, to-wit:

An act' 'To establish the State line between Georgia and

North Carolina, so far as the same is the line between

Rabun county, ia Georgia, and Macon county, in North

Carolina, and to provide for the survey of the same."

Mr. Clarke offered the following resolutions, which, on

motion, was takea up, read and agreed to, to ~vit:

''Resolved, That the committee appointed to arrange for

the services of ministers of the gospel as voluntary chap-

lains during the session, be, and they are hereby, dis-

charged, at their own request."

.

"Resolved, That the Senate elect a Chaplain by ballot."

It was ordered, on motion of Mr. Stephens, that th~

AuGUST 19, 1879

239

Senate proceed to elect a Chaplai~a immediately after the reading of the journal on to-morrow.
The Senate took up, as the report of the Committee of the Whole, the bill of the House of Representatives 'To create a board of police commissioners for the city of Augusta, in this State; to define its powers and duties, and for other purposes."
Mr. Cumming submitted to the Senate a memorial of the Representatives of the county of Richmond, which, on his motion, was read.
The memorial of the city council of Augusta, in opposition to the passage of said bill, was previously laid before the Senate by Mr. Cumming.
On motion of Mr. Cumming, the bill was amended by striking out of the I6th line of the 3d section, the words "etc."
Mr. Cumming then offered the following amendment, by request of the city council of Augusta, to-wit: Amend that clause of the bill \vhich relates to the term of office of the police commissioners, by providing "That their appointment shall be for and during the term of one year, instead of two, as provided in the bill."
This amendment was lost. The following amendments were offered by Mr. Cumming, by request of the Representatives of the county of Richmond, and were severally submitted to the Senate, and agreed to, to-wit: Amend section Ist by striking out all after the words "authority of the same, " and inserting the following, in lieu thereof:
"That from and after the first day of January, 188o, there shall be established a board of police commissioners for the city of Augusta, in this State, consisting of five upright and intelligent citizens, who shall hold their offices for the term of two years. The first commissioners, under this

JOURNAL OF THE SENATE

act, shall be M. A. Stovall, E. J. O'Connor, John W.

Clark, W. H. Barrett and John U. Meyer.

''Their successors shall be elected viva voce, by the city

council of said city, and in all such elections the persons

chosen shall be, and for one year preceding, shall have been

residents of said city, and no person shall be eligible as a

member of said board who, at the time of his election,

hold>. any office of profit or trust under the national, State,

county or municipal government. Before entering upon

the discharge of the duties of their office, the commission-

ers named in this act, and their successors, shall take,

before the mayor of said city, an oath to faithfully dis-

charge the duties of the office of police commissioner of

the city of Augusta. Should any of the commissioners

named in this act fail or refuse to serve, then the rema.in-

ing commissioners shall proceed to fill such person's place

by election, 7JZVa voce.''

Amend section 6th by inserting after the words, "and

the" in line 8th, the following: 'Remaining members of

said board shall at once proceed to elect, 7'l'lla 'voce, his suc-

cessor to serve until the expiration of the term of the

person so disqualified. The board shall, in like manner,

fill any vacancy occasioned by the death, resignation or

disqualification of any member of said board."

Mr. Cumming, at the request of the city council of

Augusta, proposed to amend the bill by adding the follow-

ing proviso to the end of the 7th section: "Pro'i.Jtaed, a

majority of the legally registered and qualified voters of

said city shall, at the annual election in December next,

for mayor and members of council, vote to ratify and con-

firm the same."

On the question of agreeing to this amendment, Mr.

Cumming required the ayes and nays to be recorded.

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

Boyd, Bryan, Casey,

Folk~,

lllcLcod,

Hamilt01: of the 14th, Hussell,

Hamilton of the 21st, Simmons,

Cumming, Drake, DuR>se,

Head, Hodges, Holton,

Staten, Wellbmn.

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

Bower, Cabaniss,
Landler, Clarke, Clements of the 44th, Clifton, Duncan,

Harrison, Hawkins,
Holcombe, Howell, Hudson, Lumpkin,

Perry, Preston,
St~phens,
Tison of the 4th, Tison of the lOth, Turner.

Ayes, 17. Nays, Ig.

So this amendment vV;.!S not agreed to.

Mr. Cumming, by request of the city council, proposed to add the fol;owing proviso at the end of 7th section, towit: ''Provided, That one-third of the legally registered voters of the city, shall at the annual election in December next, for mayor and members of council, vote to ratify and confirm the same."

On this pro1-o,.;ition, Mr. Russell required the ayes and

nays to be recorded.

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

Boyd,
Bryan,
llr~ke,
DuBose,

Fain, ll olton, .McLeod,

Husfell,
Simm"ns, Staten.

Those who voted in the negative are, to-wit-~1essrs.

Bowpr,
~ almni~s,
Candler, ( a~t~y,
Chments of the 44th, I lifton. ( nn1ming, Duncan, FoiKs,

ITmnillon of the 14th, llalldit, n of the 21st, llarri;.rm,
Hawkins, Head,
liod~PS,
Hokmnhe,
Howe. I,

H111b''ll, Lnmpkin, Perry,
J'n~ton,
::-;<']>hens,
TiHon of the 4th,
Tison of tile lOth, Turner.

Ayes, 25. Nays, 10.

So the amendment was not agreed to.

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 requireci to be re-

corded.



Those who voted in the affirmative are, to-wit-Messrs. 16

joURNAL OF THE SENATE

Bower, Cabaniss, Candler, Casey,Clements ofthe 44th, Clifton, Cumming, DuBose, Duncan,

Fain, Folks, Hamilton of the 14th, Hamiltr:n of the 21~t, Harrison. Hawkins, Hodges, Holcombe, Howell,

Hudson, Lumpkin, Perry, Preston, Staten, Stephens. Tison of the 4th, Tison of 1he lOth, Tmner.

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

Boyd, Bryan, Drake,

React, Holton, McLeod,

RusgcJ1, Simmons.

Ayes, 27. Nays, 8.

So the bill was passed, as amended, by a constitutional

majority.

The rules were suspended, when Mr. Clarke offered the

following resolution, which was taken up, read and agreed

to, to-wit

" Resolved, That the invitation of the House of Repre-

sentative to this body to attend the ceremonies to be con-

conducted in the House, upon the reception of the portrait

of Dr. Crawford W. Long, be accepted by the Senate; and

that on notice from the House of the time appointed for

such ceremonies, .and the arrival of such time, the Senate

will, in a body, attend the said ceremonies."

On motion of Mr. Clarke, the resolution communicated

this day from the House of Representatives '' To present

the names of Crawford W. Long, the discoverer of

an~sthesia, and James Oglothorpe, the historic founder of

the Commonwealth, to the art gallery established by Con-

gress, to represent Georgia," was taken up and concurred

in.

The Senate, on motion, adjourned until TO o'clock, a.

m., to-morrow.

SENATE CHAMBER, } Wednesday, August 20, I 879, 10 o'clock, a. m. The Senate met pursuant to adjournment, the President
in the chair.

AuGUST 20, LR79

243

Prayer by the Hon. Mr. Clarke, Senator for the I Ith.

On the call of the roll, the following Senators answered

to their names, to-wit:

Boyd,. Bower; Bryan, Cabaniss. Candler,
Casey, Clarke, Clemtuts of the 44th, Clifton, Cumming, Drake, DuBose, Duncan,

Fain, Folks, Hamilton of the 14th, Hamilton of the 21st, Harrison, Hawkins,
Head,
Hdg..:s, Holcombe, Holton,
Howell, Hudson, Lumpkin,

McLeod, Perry, Preston, Russell, Simmors, Staten, Stepllens, Tison of the 4th, Tison of the lOth, Turner wellborn,
MR. PRESIDENT.

The journal was read and approved.

Mr. Wellborn offered a privileged resolution inviting Major \Villiam G. B. Shelton, of Boston, Mass., to a seat on the floor of the Senate during his stay in this city.

Mr. Tison offered a similar resolution, which was agreed to, in relation to the Hon. L. P. D. warren and the Hon. K. J. Warren.
Also by Mr. Lumpkin, a resolution, which was agreed to, inviting the Hon. Paul Faver, of the county of Fayette, to a similar courtesy.
The hour having arrived for the election of a Chaplain of the Senate, the President appointed Messrs. Howell

and Cabaniss to receive and count the ballots, and the election was ordered to proceed.

The Hon. Mr. Hudson of the I 3th, placed in nomination the Rev. John W. Duncan.

On casting up the ballots it appeared that the Rev.

John W. Duncan had received a majority of all the votes cast,. and the President declared him duly elected Chaplain of the Senate.

Mr. Bryan, from the Committee on the State Library, made a report, which was read.

Reports were also made by Mr. Cumming, chairman of the Committee on the State of the Republic, and Mr.

244

jOURNAL OF THE SENATE

Clements, chairman of the Committee on Local and Special Bills.
On motion of Mr. Russell, the Senate took up the message of the House in relation to the action of that body on the Senate amendments to bill of the House "To exempt from jury duty ministers of the gospel, physicians, apothecaries, school teachers, millers, ferrymen, certain railroad employes, all male persons over sixty years old, and all telegraph operators. II
On motion of Mr. Harrison, the Senate insisted upon its amendment:; to said bill, and asked a committee of conference thereon. The committee appointed by the President, on the part of the Senate, consists of Messrs. Harrison, Russell and Holton.
On motion of Mr. Clarke, the Senate took up the message of the House of Representatives on the bill of that body "To repeal sections 43~7 and 43i<8 of the revised Code of 1873, and to prescribe the punishment for burglary, and for other purposes. II The llouse having refused to concur in the amendments of the Senate to said bill, Mr. Clarke m'wed to adhere to the same, and ask a committee of conference thereon. This motion prevailed, and the President appointed as s1id committee, on the part of the Senate, Messrs. Clarke, Bower and Preston.
The resolution in relation to the removal of the books of the State Library was taken up and agreed to, and ordered to be tran,.;mitted furthwith to the House of Representatives.
The action of the S::nate in relation to the two last fore going bills was ordered to be transmitted to the House of Representatives forthwith.
Mr. Clarke offered the following privileged resolution, which was read and agreed to, to-wit:
"Resolved, That a committee of three be appointed to escort the Chief Justice to the chair, on each occasion of

Auausr 20, 1879
his presiding over the Senate, sitting as a Court of Impeachment."
The President, by virtue of said resolution, appointed as the committee, Messrs. Clarke, Howell and Stephens.
The bill of the Senate ''To declare a flag for the State ot Georgia," 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 amend an act to incorporate the town of Thomson, in the county of Columbia, now McDuffie, approved December I 6th, I 859, so far as relates to increase of the tax on sale of spirituous liquors, and for other purposes.''
A bill "To authorize each and every county in this State to establish and maintain a syste!T' of drainage, and to ratify established systems," and
A bill "To prohibit the sale or furnishing of spirituous, malt, or other intoxicating liquors, within McDuffie county, and provide punishment for the same."
The Senate took up, as the report of the Committee of the Whole, the bill of the House of Representatives ''To regulate the rates and manner of legal advertising in this State, and to prohibit sheriffs, coroners, clerks, marshals, or other officers, trom receiving or collecting, either from plaintiffs or defendants, other or greater fees than herein provided, and making a disregard of the requirements of this act, extortion, and prescribing the punishment therefor."
The following amendments, reported by the Judiciary Committee, were agreed to, to-wit:
Amend the Ist section by striking out "thirty days" and inserting "four insertions."
Amend further, by striking out the words ''when the advertisement runs for a greater time than thirty days."
lnsert before the word ''fractional" the words ''in all

246

JouRNAL OF THE SENATE

cases," and insert after the word "parts" the words "shall be charged for."

Amend further, by inserting the word 'ordinaries" before the word "sheriff'' in the 3d line of the caption.

Strike out "sixty-five" in the first section, and insert "thirty-five," and strike out "thirty-five" and insert "fifty."

Insert before the word ''sheriff," in the I 4th line of the 1st section, the word ''ordinary."

Insert before the word ''sheriff,"in 3d line of the 2d section, the word "ordinary."

Insert before the word' ':;heriff," in the 2d line of the 3d section, the word ''ordinaty."

Insert before the word "sheriff, "in the 2d line of the 4th section, the word ''ordinary."

Amend section 3d by striking out the words "shall fail" and inserting the words "is unable."

Also strike out the words "where said levies are made."

Amend section -lth by striking out the words ''to collect or retain any amount over and above the sum allowed the publishers for any legal advertisement," and inserting, m lieu thereof, the words ''to demand or retain any part of said rates as commissions, directly or indirectly."

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, by Mr. Head, to be recorded.

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

Bower, Candler,
Casey, Clarke, Clifton, Cumming, Drake, Fain,

Folk~.
Hamilton of the
Harrison, Ho(\ges, Holton, HowPll Hudsm;, Lumpkin,

21st,

Perry, Preston Bussell,' t'ltephens, Tison of the 4th, Well horn,
MR. PRESIDEN'l'.

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

AuGUST 20, 1879

247

Boytl, Bryan, Cabaniss, Clements of the 44th, DuBose,

Duncan, Hamilton of the 14th, Hawkins, Head,
Holcombe,

McLeod, Simmons, S!leer, Tison of the lOth, Turner.

Ayes, 23. Nays, 15.

So the bill was passed, as amended, by a constitutional

majority.

Mr. Head gave notice of his intention to move a recon-

sideration of the same.

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

the Whole, the bill of the House of Representatives "To

confirm an ordinance of the city council of Augusta, en-

titled an ordinance to create a sinking fund, passed the

10th day of March, A. D. 1877, as amended by an ordi

nance passed the 6th day of August, A. D. 1877, and

for other purposes." [Mr. Cumming submitted to the Senate evidences of

compliance with the requirements of the Constitution and

laws of this State as to notice of intention to the General

Assembly for the passage of this bill.]

The report was agreed to.

The bill was read the third time and passed, by a consti-

tutional me>jority, there being ayes, 32 ; nays, o. The Senate took up, as the rep~);t of the Commiitee of

the Whole, the bill of the House of Representatives ''To

prevent the driving of diseased cattle into places other

than those where the cattle are diseased, and to fix a

penalty for the same." The report was agreed to.

The bill was read the third time and passed, by a consti-

tutional majority, there being ayes, 32 ; nays, o.

The Senate, at the hour of 1 I o'clock, a. m., took up

the special order, to-wit: the report of the Committee of

the Whole ''To provide for the better organization, gov-

ernment and discipline of the volunteer troops of this

State, and to repeal all that part of the Code of Georgia,

JouRNAL oF THE SENATE
consisting of articles 2 and 3 of chapter 2, title I 2, part I, and comprising all those sections numbered from 1075 to I 103, both included in the revised Code of 1873. relating to the volunteer corps of the State, and for other purposes connected therewith."
On motion of Mr. Lester, the President, Mr. Lumpkin in the chair, the bill was amended by striking out all that portion of section 3, after the word 'numbers," in the 8th line.
On motion of Mr. Perry, the title of the bill was amended by in"erting before the words ''an act, etc.," the words a bill to be entitled."
On motion of Mr. Perry, the bill was further ame11ded by striking out all between the title anJ section Ist.
Also amended, on his motion, by inserting, at the beginning of 1st section the words "the General Assembly does enact.''
Mr. Hamilton of the 21st, moved to amend the 3d section by inserting after the word "members," h the 8th line thereof, the following: '' And each company not entitled by law now in force, or which may hereafter be passed, to any exemption from jury duty, may have not more than five honorary members, each of whom, upon payment of twenty-five dollars into the treasury of the company, at the beginning of each year of his membership, shall be exempt from jury duty that year."
This amendment was not agreed to. The bill was amended, on motion of Mr. Perry, by striking out the period after the word "color," in the sth line of the 4th section of the printed bill, and substituting a small '' s" for the capital " S" at the beginning of the word '' subject ;" also, by placing period after rhe word "provisions" in said 5th line, and suustituting a capital '' \V" for the small "w" at the beginning of the word "whenever," in the 6th line of the 4th section. On motion of Mr. Stephens, the bill was amended, by

249

striking out of the 39th seetion, all between the words " road duty," in the 2d line, and the words " and shall

not," in the 4th line of said section.

On motion of Mr. Hawkins, the words "of course," occurring in the 7th line of the 17th section, were stricken

out.

On motion Mr. Perry, the words "without legal process " were stricken from the 6th line of the 24th section, and the following words substituted therefor, to-wit: " By such summary process as the law provides."

On motion of Mr. DuBose, the 39th section was amended by striking from the 4th line thereof, the words " during such time," and inserting, in lieu thereof, the following, to-wit: " When going to, or returning from, any parade or muster of the command to which they belong."

Mr. Boyd moved to amend by striking out the whole of the 39th section, and on this proposition the ayes and nays were required to be recorded.

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

BoyJ., Bower, Bryan, Candler. Casey,
Clements of the 44th,

Clifton, Duncan,
Folk~,
Hamilton of the 14th,
Head,

Holeonbe. Stt>phens,
Tisln of the 4th, Ti~on of the 10th, Turner.

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

Cabaniss, Clarke, Cumming, DuBose, Hamilton of the 21st,
Harrison,

Hawkins, Hodges, Holton, Hudson, Lumpkin,
l\IcLeod,

Perry, Preston, Simmons, Staten, Well horn,
MR. Pl,ESlDENT.

Ayes, 16. Nays, 18.

So the amendment of Mr. Boyd was not agreed to. Mr. Bower moved to amend th"! bill by striking out all of the 39th section to the word '' no," in the 5th line thereof, and on this proposition, the ayes and nays were required to be recorded.

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

250

JouRNAL oF THE SENATE

Boyd, Bower, Bryan, Candler, Casey, Clements of the 44th,

Clifton, Duncan, Folks,
Hamilton of the 14th, Head,

Holcombe, Stephens, Tison of the 4th, Tison of the lOtb, Turner.

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

Cabaniss, Clarke,
Cumming, Dral\e, DuBose, Hamilton of the 21st,

Harrison, Hawkins,
Ho<lges, H- I ton, Jimison, Lnn1pkiu,

Ayes, I6. Nays, IS.

~[cJ,eod,
Perry, Preston, Simmous, t'\taten, Mt:. PRESIDENT.

So the amendment of Mr. Bower was not agreed to.

On motion of Mr. Perry, the 45th section was amended,

by striking out the last sentence thereof, and substituting

.therefor, the following to-wit: "All that part ofthe Code

of I 873, from section ro; 5 to section I ro3, inclusive; all

treating of the volunteers of this State, consisting of articles

2 and 3 of chapter 2, title I 2, part I, and all laws consistent

with this act, are, hereby repealed."

Mr. Hudson called for the' 'previous question."

The call was sustained and the main question put, to-

wit: the question of agreeing to the report of the commit-

tee, as amended.

The report, as CJ.mended, was agreed to.

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

its passage, as amended, the ayes and nays were required

to be recorded.

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

Bryan, C11.baniss, Candler, Casey, Clarke,
Cununing, Drake, DuBose,

Duncan, Folks. Hamilton of the 21st,
ILurisou, Hodges, Hudson, Lumpkin,

Perry, Preston. Simnwns, Staten, Stephens, Tison of the lOth, Mn. PnESIDENT.

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

Boyd, Bower, l :lements of the 44th,
Clifton,

Hawkins, Head, Holcombe, Holton,

l\lcLeocl, Tison of the 4th, Turner.

AuGus'l 20, 1879

251

Ayes, 22. Nays, 11.
So the bill,not having received a constitutional majority,
was lost. Mr. Cabaniss gave notice of his intention to move a re-
consideration of the action of the Senate on the foregoing bill.
The Senate took up, as the report of the Committee of the Whole, the biil of the House of Representatives ''To revise the jury box in the county of Harris, and for other purposes."
Mr. Holcombe presented to the Senate satisfactory evidence that the requirements of the constitution and laws, in relation to notice of the intention to apply to the General Assembly for the passage of said bill, had been complied with.
The report was agreed to. The bill was read the third time and passed, by a constitutional majority, there being ayes, 29; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill of the House of Representatives ''To authorize the board of education of Whitt1eld county to or. der the payment of one hundred and three dollars of the common school funds, a balance due the county school commissioners for services rendered and expenses incurred in the year 1871." The report was agreed to. The bill was read the third time and passed, by a constitutional majority, there being ayes, 23; nays, 1. The bill o( the House of Representatives 'To repeal an act entitled an act to provide for the registration of electors in the counties of Thomas, Lmvndes, Decatur, Mitchell and Camden, and to prevent illegal votiag in the same, approved February 23, 1875, sofar as the county of Mitchell is concerned," was read the first time and referred to the Committee on Local and Special Bills. The bill of the House of Representatives To a~thorize

JouRNAL OF THE SENATE.
and provide for the organization of chain gangs for misdemeanor convicts in this State,'' was read the first time and referred to the Committee on the Judiciary,
The Senate, on motion, adjourned untiliO o'cloek,a. m., to morrow.

SENATE CHAMBER,

}

Tltursday, August 21st, 1879, ro o'clocl.:, a. m.

The Senate met pursuant to adjournment, the President

in the chair.

Prayer by the Rev. John P. Duncan, Chaplain of the

Senate.

On the call of the roll, the following Senators answered

to their names, to-wit:

Boyd, Bo\ver, Bnan, Caianiss, Candler,
CasPy, Clarke, Cliftou, Clements of the 44th,
Cnmming, Drake, DuBMe, Duncan, Fain,

Folk~.
Halllilton of the 14th, Hamilton of the 21st, Harrison, Hawkins HPacl, ' Hodges, Holcombe, holton, Howell, Hudson, I,umpkin,
McDaniel,

l\hL~ol,
P<"rry, PrPS!Pn, Hnssell, Simmons, 8taten, St<>phenR, Tis n of the 4th, Tison n f tile lOth,
Troutman, Turner, Wellborn,
MR. PRESiDENT.

The journal was read and approved.

The following message was received from the House

of Representatives, through Mr. Geotchius, the Clerk

thereof.

Mr. President:
The House of Representatives has agreed to the follow-

ing resolution, to wit: A resolution 'That the hour of II o'clock, a. m., on

Friday next, the 22d instant, be made the time for the pre sentation ~and acceptance of the portrait of the late Dr.

Crawford \V. Long," and I am instructed to transmit the

action of the House thereon forthwith to the Senate.

AucusT 21, 1879.

253

The House has concurred in the Senate amendments to the following House bill, to-wit :
A bill 'To be entitled an act to alter and amend section 2970 of the Code of 1873, and for other purposes," and I am instructed to transmit the action of the House thereon to the Senate forthwith.
Mr. Hudson offered the following privileged resolution, which was read and agreed to, to->vit:
"Resolved, That the Hon. W. H. Fish be invited to a seat on the floor of the Senate during his stay in this city."
Mr. Russell rose to a privileged question, and presented to the Senate a request, based on certain specified reasons, that the Hon. A. D. Candler of the 33d, and himself, be excused from serving as triors in the impeachment trial of Washington L. Goldsmith, Comptroller-General.
The same was read, and on motion of Mr. Preston, laid on the table for the pre~ent.
On motion oi Mr. Cabaniss, so much of the journal of yeO'terday was reconsidered, as relates to the refusal of the Senate to [JaS~ the bill '"To provide for the better organization and discipline of the volunteer troops of this State," etc.
Mr. Head moved a reconsideration of so much of the journal of yesterday, as relates to the passage of the bill of the llom:e of Representatives "To regt_Ilate the rates and manner of lcg.1l advertising in this State, and to prohibit sheriffs, coroners, clerks, marshals, or other officers, from receiving or collecting, either from plaintiffs or defendants, other or !!realer fees than herein provided, and m:ddng a disregard of the rcquiremt'nts of this act extortion. a11d prescrib:n,c; the punishment therefor," the same having been rassed with amendments by the Senate.
Mr. Lumpkin moved to lay the motion to reconsider on the table.
On this motion, Mr. Holcombe required the ayes and nays to be recorded.

254

JouRNAL OF THE SENATE

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

Bower, Casey,
ClarLe, Clifton,
DuBose, Folks,

Hamilton of the 14th, Harrison,
Hodges, Hudson, Lumpkin, .McDaniel,

Preston, Russell, Speer, 81ephens, Tison of the 4th,
l\>IJ~. PRKSIDENT.

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

Boytl, Bryan, Uabauiss, Candler, Clements of the 44th, Cumming, Drake, Duncan,

Fain, Ham!lton of the 21st, HawkiuR, Hearl, Holcombe, Holton,
Ho~ell,
McLc>cl,

Perry, Simmous, Staten, Tison !if the 10~ h, Troutman, Turne1. Wellborn.

Ayes, I8. Nays, 23.

So the motion to lay on the table did not prevail.

The motion to reconsider prevailed. At I I o'clock, a. m., the Pret.ident announced that the hour had arrived for the organization of the Senate as a

High Court of Impeachment, and requested the commit-

tee, appointed for the purpose, to conduct the Chief

Justice of the Supreme Court of the State to the chair.

The Senate, standing, received the Chief Justice, who

was escorted by the committee, and accompanied by the

Hon. James Jackson, Associate Justice of the Supreme

Court of GeorgLt.

The President then announced, as follows, to-wit: '' Ac-

cording to order, the Senate will now be organized as the

High Court of Impeachment of the State of Georgia, for the trial of \Vashington L. Goldsmith, Comptroller-

General." Whereupon, the Chief Justice took the following oath,

the same being administered by the Hon. James Jackson,

Associate J usticc of the Supreme Court of this State,

to-wit: "You solemnly swear that in all things appertaining to
the trial of the impeachment of Washington L. Goldsmith,

now pending, you will do impartial justice, according to

AuGUST 21, 1879

.255

the Constitution and laws . of this State. So help you

God."

The President then retired from the chair, which was

assumed by the Chief Justice.

The High C:ourt of Impeachment having adjourned, the

President resumed the chair and announced ''The Senate

is now in session for legislative purposes."

Mr. McDaniel offered the following privileged resolution,

which was read and agreed to, to-wit:

"Resolved, That the Special Committee on rules for the

High Court of Impeachment, be instructed to procure the

services of a competent stenographic reporter, who shall

report the testimony in the trial therein pending."

Mr. Holton offered the following resolution as an amend-

ment to the rules of the Senate:

"Resolved, That on and after Monday, the 25th instant,

no Senator shall be allowed to speak longer than ten min-

utes on any one subject, unless his time is extended by a

two-thirds vote of the Senators present."

The same was read.

Mr. Russell, chairman of the Committee on Enroll-

ment, submitted the following report:

Mr. President :

The Committee on Enrollment report as duly enrolled,

signed by the Speaker of the House of Representatives,

and ready for the signature of the President of the Senate,

the following acts, to-wit:

An act "For the relief of Hichard H. Leonard, ordinary

of the county of Talbot, from his disabilities under sections

327 and 328 of the Code of 1873, so far as it relates to

estates not fully administered at the time of his election

and qualification, and for other purposes."

.

Also an act "To fix the fees of justices of the peace and

notaries public, who are ex-officio justices of the peace, and

constables, in appeal cases in justices court."

Also.an act "To prevent the forfeiture of recognizances

JouRNAL o~ THE SENATE
in criminal cases, except where the prosecuting officer is ready for trial, and for other purposes."
Also an act ''To authorize the ordinary of Jackson county to issue county bonds to build a court house in said county, and to provide for the redemption of the same, and for other purposes."
Also an act ''To regulate the publication of the registered voters of the city of Augusta."
Also an act "To amend an act entitled an act to authorize the city council of Augusta to create a board of health for said city."
Also an act "To require the mayor of the city of Augusta to discharge the duties of recorder of said city; to limit the salary of said mayor, and for other purposes."
Also an act '' To authorize the Comptroller-General to admini:,ter oaths."
Also an act '' To amend an act entitled an act to provide that the treasurer of Richmond county shall be allowed as:tlary, and to fix the amount thereof, approved Feb ruary zoth, 1876. ''
Also an act "To amend an act, approved February 28th, 1874. entitled an act to eiltablish a new charter for the city of Atlanta, and for other purposes."
Also an act "fo pre~cribe the manner, terms and specifications for letting- the public printin6 to the lowest bidder, in accord,mce with article 7, section 17, 10aragraph 1 of the Constitution."
Also a resc)lution "To present the names of Crawford W. Long, the discoverer of an -est hcsia, and James Oglethorpe, the historic founder of the Commonwealth, to the art gallery established by Congress, to represent Georgia."
D. A. RussELL, Chairman.
On m Jtion of VIr. Clarke, the bill of the HcHise of Re presentttives '' f,) amend section 1676 of the Code of Georgia, with reference to the creation of private corpora-

AuGUST 22, 1879

257

tions by the courts of this State," was read the second time and passed to a third reading, under a suspension of the rules.
The Senate adjourned, on motion, until 10 o'clock, fl. m.,. to-morrow.

SENATE CHAMBER, } Friday, August 22, 1879, 10 o'clock, a. m,

The Senate met pursuant to adjournment, the President

in the chair. Prayer by the Chaplain, the Hev. JohnP. Duncan.

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

their names, to-wit:

Boyd, Bow_er, Bryan, Cabaniss, Candler, Casey,
Clarke, Clements of the 44th, Cumming, Drake, DuBose, Duncan, Fain,

Folks, Grantland, Hamilton of the 14th, Harrison, Hawkins Head, '
Hodges, Holcombe, Holton, Howell, Hudson, Lumpkin, McDaniel,

McLeod, Perry, Preston, Simmons, Speer, Staten, Stephens, Tison <Jfthe lOth, Troutman, Turner, Wellborn,
MR. PHES!DENT.

The journal was read and approved.

Leave of absence was granted Messrs. Tison of the 4th,

Turner, Clifton, Russell, McLeod and Hamilton of the

14th, for a few days.

'i'he following message was received from the House of

Representatives, through Mr. Goetchius, the Clerk thereof:

Mr. President:

The House of Representatives has concurred in the

amendment of the Senate to the following bill of the

House of Representatives, to-wit:

A bill "To be entitled an act to amend section 2970 of the Code."

The House has passed the following bjll of the Senate, to-wit:

17

jOURNAL OF THE SENATE
A bill ''To be entitled an act to authorize the lease or sale of the Macon and Brunswick Railroad, and to confer certain chartered powers and privileges upon the lessees of said road to 'build extensions of the same from Macon to Atlanta, from Brunswick to Florida line, and from Hawkinsville or Eastman to Americus, and to appoint commissioners to run the same, and prescribe their powers and duties, and for other purposes," with amendments, in which they respectfully ask the concurrence of the Senate.
Mr. Lumpkin, chairman of the Special Committee on the Rules of the Senate, submitted the following report:
Mr. President: The Special Committee on the Rules of the Senate have
had under consideration a resolution in relation to the hours of meeting and adjournment of the Senate, and respectfully recommend the adoption of the following as the rule of the Senate upon that subject:
The hours of meeting and adjournment of the Senate shall remain, as now fixed by existing rules, until Monday, the Ist day ofSeptembernext, upon which day, and thereafter, till otherwise ordered, the Senate shall meet at 9~ o'clock, a. m., and remain in session till adjourned upon motion.
Respectfully submitted,
SAMUEL LUMPKIN,
Clzairman.
On motion of Mr. Perry, the rules were suspended, and the Sen.tte took up, as the report of the Committee of the Whole, the reconsidered bill "To provide for the better organization, government and discipline of the volunteer troops of this State, and to repeal all that part of the Code of Georgia consisting of articles 2 and 3, of chapter 2, title I 2, paragraph I, and comprising all those sections numbered from 1075 to 1103, both included, in the revised

AUGUST 22, 1879-

259

Code of 1873, relating to the volunteer corps of the State, and for other purposes connected therewith."

On motion of Mr. Perry, the bill was taken up, and acted upon by sections.

The bill was amended as follows, to-wit:

On motion of Mr. Perry: Amend the title by inserting before the words ''an act, etc.,' in the first line, the words ''a bill to be entitled." Also amend by striking out all between the title and section Ist. Also amend section first by inserting the words '' the General Assembly of the State of Georgia does enact." Also amend by striking out of section 3d, all after the word ''members," in the 8th !me of that section. Also amend by striking out punctuation after the word ''color,~ in the 5th line of the printed bill, and substituting for the capital "S," in the word "subject," a small "s." Also by placing a period after the word "provisions," and substituting a capital "W" for the small ''w," in the word ''whenever," in the 6th line.

On motion of Mr. Hawkins, the I 7th section was amended by striking from the 7th line thereof the words ''of course."

Mr. Bower moved to amend by striking out all of the 39th section down to the word ''no," in the 5th line."
On this proposition the ayes and nays were required to be recorded.

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

BlJyd, Bower, Bryan, Candler, Casey, Clements of the 4.4til, Duncan, Fain, Folks,

Hamilton of the 14th, Head, Hodges, Holcombe, Holton, Howell, McDaniel, McLeod,

Preston, Simmons, Staten, Stephens, Tison of the lOth, Troutman, Turner. Wellborn.

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

JOURNAL OF TH~ SENATE

Cabaniss, Clarke,
Cumming, Drake,

DuBose, Grantland, Harrison, Hawkins,

Hudson, Lumpkin,
Perry,
Speer.

Ayes, 25. Nays, 12.

So the amendment was agreed to.

On motioo of Mr. Perry, the bill was further amended

by striking out from the 6th line of the 24th section, the

words "without legal process," and inserting the words

"by such 5ummary process as the law provides." The bill was a~so amended, on motion of Mr. Perry, by

striking out from the 45th section the last sentence thereof,

and inserting, in lieu of the same, the following, to-wit: ''All

that part of the Code of r87 3, from section 107 5 to section

1103, inclusive, all treating of the volunteers of this State,

consisting of articles 2 a.nd 3, of chapter 2, title) 2, part 1, and all laws in~onsistent with this act are hereby repealed."

The report, as amended, was agreed to.

The bill was read the third time and passed, by a con-

stitutional majority, there being ayes, 36; nays, o.

Mr. McDaniel, chairman of the Judiciary Committee,

made a report on certain bills, which was read.

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

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

of the Whole, the bill of the House of Representatives "To

amend section 1676 of the Code of Georgia, with reference

to the creation of private corporations by the courts of this

State." The same was amended, as follows, in accordance with

the report of the Committee on Corporations, to-wit : Amend section 1st by striking out the words "first

division," and inserting the words "paragraph I." Also

by adding t0 said section, the following. to-wit: "And

paragraph 3 of said section shall not apply to such cor-

porations, and the publication of notice required shall

be in the nearest public gazette to the county where the

publication is made."

AUGUST 22, 1879

261

The report, as amended, was adopted.
The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 3 I ; nays, o.
On motion of Mr. Cumming, the time of the session of this day was extended indefinitely.
At the hour of I I o'clock, a. m., the Senate, in a body, repaired to the House of Representatives, in accordance with an accepted invitation, to attend the CPremonies inci-
dent to the presentation of the portrait of Dr. Crawford vV.
Long, the recognized discoverer of an;esthesia.
The Senators returned to the Sena.te Chamber and were called to order by the President.
Mr. Folks offered a joint resolution in relation to the construction of a canal from the mouth of the St. Mary's river to the Mississippi river. The same was read, and, on motion, referred to the Committee on the State of the Republic.
The resolution offered by Mr. Holton, to change the time of the daily meetings of the Senate from IO o'clock, a. m., to 9 o'clock, a. m., on and after Monday, the I8th instant., was taken up and passed by a substitute, reported by the Special Committee, to whom the same was referred, to-wit:
"Resolved, That on and after Monday September I, the
Senate will meet at the hour of 9 _0 o'clock, a. m., and ad-
journ on motion." On motion of Mr. Cumming, leave ofabsence was granted
Mr. Clarke, for a few days. The resolution, offered by Mr. Holton, to limit the
speeches of Senators to ten minutes, except when the time shall be extended by a two thirds vote, to take effect on and after Monday the 25th inst., was taken up, amendments proposed thereto, and laid on the table.
The Senate took up, as the report of the Committee of the Whole, the bill of the House of Representatives ''To prohibit the sale or furnishing of spirituous, malt, or other

262

JouRNAL OF THE SENATE

intoxicating liquors, within McDuffie county, and to provide a punishment for the same."
[\1r. Casey presented to the Senate satisfactory evidences
that the requirements of the Constitution and law,; of this State, in relation to notice of iltention to apply to the General A-.sembly for the passage of this bill, had been duly
published. J
The report was agreed to. The bill was read the third time and passed, by a constitutional majority, there being ayes, 28; nays, 4 The s~nate took up, as the report of the Committee of the vVhole, the bill of the House of Representatives "To authorize each and every county in this State to establish and maintain a system of drainage, and to ratify established systems,'' The report was agreed to. The bill was read the third time and passed, by a constitutional majority, there being ayes, 28 ; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill of the H use of Representatives "To amend an act entitled an act to regulate the manner of holding municipal elections in the city of West Point and to require yoters to register, and to define who are legal voters in said city, approved March 2, 1874." The report was agreed to. The bill was read the third time and passed, by a constitutional majority, there being ayes, 29; nays, o. The Senate took. up, as the report of the Committee of the Whole, the bill "To repeal an act entitled an act to provide for the payment of certain iT'solvent costs in the Augusta Judicial Circuit, approved February 15, 1873, in so far as said act applies to the county of Richmond." The report was agreed to. The bill was read the third time and passed, by a constitutional majority, there being ayes, 27; nays, o. The Senate took up, as the report of the Committee of

AUGUST 22, 1879
the Whole, the bill of the House of Representatives ''To amend an act to fix the pay of tax receiver and collector of Laurens county, and to consolidate the offices of county treasurer and clerk of the Superior Court of said county, and for other purposes, approved February 27, 1877"
The report was agreed to. The bill was read the third time and passed, by a con-
stitution majority, there being ayes 25 ; nays, o. The Senate took up, as the report of the Committee of
the Whole, the bill "To change the time of holding the Superior Court for the county of Mitchell."
The report was agreed to. The bill was read the thtrd time and passed, by a constitutional majority, there being ayes, 29 ; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill of the House of Representatives " To amend the 5th section of an act to alter and amend an act entitled an act to incorporate the stockholders of the Cartersville and Van Wert Railroad Company, etc., approved October 25th, I870," so as to strike from said section the words: ''And all suits against said company shall be instituted and tried at Cartersville, Georgia, in the Ol:'~; there to be held, of competent jurisdiction." The report was agreed to. The bill was read the third time and passed, by a con stitutional 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 repeal an act consolidating the offices of Clerk of the Superior Court and county treasurer of Paulding county, ap proved February 22, 1877." The report was agreed to. The bill was read the third time and passed, by a constitutional majority, there being ayes, 24; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill of the Bouse of Represeplatives "To

}OURNAL OF THE SENATE
amend an act entitled an act to incorporate the town of Talbotton, and to extend the limits of the same, and torepeal all laws in relation to said town, in conflict with this act, assented to 20th December, r86o."
.The same was amended, in accordance with the report of the Committee on Corporations, to-wit: Amend the 2d section by striking out at the end of the 3d line thereof the word "act," and substituting the word "section."
The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 31; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill of the House of Representatives ''To so alter and amend section 6 of an act entitled an act to create a board of commissioners for the county of Gwinnett, and to prescribe and define the powers and duties thereof, approved August 26th, 1872, and for other purposes." The title of the same was amended, by inserting the word '' so" immediately before the word " as," in the 6th line. The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 27; nays, o. The Senate took up the report of the Committee of the Whole, on . the bill ''To amend section 1646 of the Code of Georgia, in reference to the fees of Solicitors-General." The report was agreed to. The bill was read the third time, and passed by a constitutional majority, there being ayes, 25; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill " To amend section 267 of the Code of 1873, which relates to the dockets of the Superior Courts, and for other pusposes." The Judiciary Committee reported in favor of its passage by substitute. The_substitute was adopted.

AuGust 22, 1879

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 re-

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

Boyd, Bo\ver, Bryan.
Cabaniss, Candler, Casey, Clarke,
Cumming, Duncan,

Fain,

Perry,

Folks.

Preston,

Hamilton of the 14th, Simmons,

Head,

Staten,

Hodges,

Stephens,

Holcombe,

Tison of the 10UJ,

Holton,

Tnrner,

Lumpkin,

Wellborn,

McLend,

MR. PRESIDENT.

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

Clements of the 44t!J, Grantland,

Drake,

Hawkms,

DuBose,

Hudson,

McDaniel, Speer, Troutman.

Ayes, 27. Nays, 9

!:,o the bill was passed, as amended, by a constitutional

majority.

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

the Whole, the bill ''To declare a flag for the State of

Georgia."

The same was amended, in accordance with the report

of the Committee on the State of the Republic, by strik-

ing out after the wotd "blue," in the 8th line of the 1st

section, all of said section to, and including the word

"flag," at the end of the roth line; and by inserting, in

lieu of the words stricken, the following, to wit: "Next

the staff, and occupying one-third of the entire flag."

The report, as amended, was agreed to.

The bill was read the third time and passed, as amended,

by a constitutional majority, there being ayes, 30; nays, o.

The Senate, on motion, adjourned until ro o'clock, a. m., to-morrow.

266

jOURNAL OF THE SENATE

SENATE CHAMBER, } Saturday, August 23, 1879, 10 o'clock, a. m.

The Senate met pursuant to adjournment, the President

in the chair.

Prayer by the Hon. Mr. Hudson of the 13th.

On the call of the roll, the following Senators answered

to their names, to wit:

Boyd, Bower,
Cabani~s,
Candler, CaRey, Clements pf the 44th, Cumming, Drake, DuBose, Duncan, Fain,

Folks, Grantland, Hamilton of the 21Rt,' Harrison, Hawkins, Head, Hodges, Holcombe, Holton, Howell, Hudson,

Lumpkin.
~IcDaniel,
Perry, Preston. Simmons, Staten, Stephens, Troutman, Wellborn,
MR. PRESIDENT.

The journal was read and approved.

Leave of absence was granted Mr. Cabaniss for next

week, Mr. McDaniel until Thursday next, after to-day, Mr.

Bryan until Tuesday next, Mr. Tison of the 10th for to-

day, and Mr. Clements of the 44th and Mr. Fain tor next

week.

The following message was received from His Excel-

lency, the Governor, through his Secretary, Mr. Avery,

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.

Mr. Hudson offered a privileged resolution, inviting
Hon. J. W. Glenn to a seat on the floor of the Senate

during his stay in the city.

The s~me was agreed to.

A similar resolution, extending a like courtesy to Hon.

R. L. Warthen, was offered by Mr. DuBose, which was

also agreed to.

On motion of Mr. Preston, the amendments of the

AUGUST 23, L~J9
House of Representatives to the bill of the Senate ''T9 authorize the lease or sale of the Macon and Brunswick Railroad, and to confer certain chartered powers and privileges upon the lessees of said road; to build extensions of the same from Macon to Atlanta, from Brunswick to Florida line, and from Hawkinsville or Eastman to Ameri cus, and to appoint commissioners to run the same, and prescribe their powers and duties, and for other purposes," were taken up and severally concurred in.
The Senate, on motion, went into executive session, and having remained some time therein, returned to open session.
Mr. Troutman, chairman of the Committee on Agriculture, made a report on a certain bill, which was read.
On motion of Mr. Hudson, Mr. Duncan was added to the Committee on Education.
Mr. Clements, of the 44th, offtred a resolution ''To memorialize Congress to repeal or modify all the laws of the United States imposing taxes on tobacco and disstilled spirits, and requiring license for the manufacture or sale of the same, and requiring stamps," etc.
The same was read, and, on motion of Mr. Clements of the 44th, referred to the Committee on the State of the Republic.
The bill "To make certain enclosures therein defined lawful fence, and to extend to the same existing provisions of law on the subject of lawful fence," was read the second time and passed to a third reading.
The bill "To prevent the sale of spiritous liquors after January I st, I 88o, except in incorporated towns, villages and cities having, by law, authority to grant licenses, and for other purposes," was, on motion, laid on the table for the present,
The bill of the House of Representatives 'To provide for the redemption of land sold for State and county taxes,

]OUkNAL OF THE SENATE
and taxes due municipal corporations, in this State, and for other purposes," was, on motion, laid on the table.
The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof: Mr. President:
The House of Representatives has adopted the report of the Committee of Conference on the following bill of the Senate, to-wit:
A bill "To be entitled an act to carry into effect para-
graph I 8, section 7, article 3, of the Constitution, by pre-
scribing the manner in which corporate powers may be granted."
The House insists upon its disagreemet:t to the amendments of the Senate to the following bills of the House, and accepts the invitation of the Senate for a committee of conference on the same, to-wit:
A bill "To be entitled an act to repeal section 4387 and 4388 of the revised Code of 1873, and to provide the punishment for burglary, and for other purposes," and has appointed as such committee, on part of the House, Messrs. Hall, Milner and Johnson, of Johnson.
Also a bill "To be entitled an act to exempt from jury duty ministers of the gospel, physicians, apothecaries, school teachers, millers, ferrymen, certain railroad employes, all male persons over sixty years old, and all telegraph operators," and has appointed as a committee, on part of the House, on said bill, Messrs. Humber, Harris and Duval.
The House has agreed to the following resolutions, in which they respectfully ask the concurrence of the Senate, to wit:
A resolution "Authorizing the payment of the per diem of certain deceased members of the House of Representatives."
A resolution ''Authorizing the State Treasurer to pay interest due on certain bonds of this State therein mentioned."

AUGUST 23, 1879.
!he tol!owing bills of the House of Representatives were read the second time and passed to a third reading, to-wit:
A bill "To amend section 4370 of the Code of Georgia, defining the offense of shooting at another, and prescribing a penalty therefor."
A bill "To incorporate the Georgia branch of the National Bell Telephone Company, and for other purposes."
A bill ''To amend the charter of the town of Crawfordville, so as to authorize the town council of said incorporation to levy a special license tax on the sale of spirituous or malt liquors within said incorporation."
A bill ''To incorporate the Brunswick and St. Simons Telegraph Company, and for other purposes."
A bill "To amend the charter of the Cherokee Iron Company, so as to authorize said company to build and operate a railroad from Cedartown, Georgia, to the Selma, Rome and Dalton Railroad, and for other purposes."
A bill "To authorize and provide for the organization of chain-gangs, for misdemeanor convicts in this State," and
A bill 'To create a city government for the town of Eatonton, in Putnam county, etc., 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 following bills of the House of Representatives were, on motion, laid on the table, to-wit:
A bill "To amend an act to incorporate the town of Thomson, in the county of Columbia, now McDuffie, approved December r6th, r859, so farasrelates to increase of the tax on sale of spirituous liquors, and for other purposes,'' and

270

joURNAL OP THE SENATE

A bill "To repeal an act entitled an act to apportion the road hands in the counties of Emanuel and Johnson, and for other purposes, approved February 27th, 1877, 50 far as the same applies to the county of Johnson."
The Senate took up, as the report of the Committee of the Whole, the bill of the House of Representatives ''To authorize and empower the county commissioners of Houston county to purchase property whenever and wherever put up f, 1r sale in said county, or elsewhere, under executions for State and county taxes, or under any legal process in which said county is plaintiff, or is otherwise interested, either directly or indirectly, and for other purposes, therein named."
[The Hon. Mr. Troutman, presented to the Senate satisfactory evidences that the requirements of the Constitution and laws of the State had been complied with in relation to notice of intention to apply to the General Assem-
bly for the passage of this bill. J
The report was agreed to.
The bill was read the third time and passed, by a constitutional majority, there being ayes, 25; nays, o.
The Senate took up, as the report of the Committee of the 'Whole, the bill of the House of Representatives "To amend an act approved February 2 rst, 1876, which amended an act approved August 27th, 1872, to create a board of commissioner:; of roads, public buildings, public property and finances, for the county of Monroe, and for other pur. poses."
The report was agreed to. The bill was read the third time and passed, by a constitutional 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 "To amend sections 95 r, 952 and 953 of the Code, relative to the issuance of lost bonds or coupons, so as to apply the

AuGUST. 23, 1879.

271

!lame to bonds or coupons, as well as the lost bonds and

coupons."

The report was agreed to.

The bill was read the third time and passed, by a con-

stitutional majority, there being ayes, 23 ; nays, I.

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

the Whole, the bill of the House of Representatives ''To

declare and amend the Jaws of this State touching the

jurisdiction and modes of procedure in theSuperior.Courts,

in certain cases, so far c.s relates to counties having therein

a city of ten thousand, or more, inhabitants."

The Judiciary Committee, to whom the bill was refer

red, reported in favor of its passage.

Mr. Preston moved to disagree with the report of said

committee.

Mr. Cumming moved that the bill be laid upon the

table, and, on this proposition, the ayes and nays were

required to be recorded.

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

Boyd, Bower, Cabaniss, Candler, Casey,
CleUlents of the 4-lth, Cumming,

Drake, Dnllose, Grautlaud, Hawkins, HodgeR, Holcombe,

Holton,
Howell, Hudson, Lumpkin, McDaniel, Wellborn.

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

Duncan,
Folks, Hamilton of the 21st, Harrison,

Head, Pr~ston,
Sinmons, Staten,

Stephens, Troutman,
MR. PRESIDENT.

Ayes, 19. Nays, 1 I.

So the motion to lay on the table prevailed.

Mr. Cabaniss, chairman of the Committee of Confer-

ence on the bill of the Senate "To reduce and regulate

the fees of tax receivers and collectors in all the counties

ofthe State, to repeal au local laws relating thereto, and

for other purposes," submitted a report, which was read.

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

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

272

JoURNAL OF THE SENATE

of the Whole, the bill of the Senate ''Jo make it unlawful to kill wild deer under certain circumstances," etc.

The same was amended as follows, in accordance- with the report of the Judiciary Committee, to-wit: Amend caption, by inserting after the word "deer," the words

''an'd wild turkeys;" also, amend section xst, by inserting, after the word "deer," in the 6th line, the words "or wild turkeys."

The bill was further amended, on motion of Mr. Holton, by adding the following proviso, to-wit: "Provided, that nothing herein contained shall be construed to de-

prive the parties injured of the right, within the periods indicated, to kill such animals when depredating upon growing crops."

Mr. Holton moved to amend further by striking out the 'first of October" and inserting ''the first of Sep-

tember."

On this proposition the ayes and nays were required to

be recorded.

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

Boyd, Bower, Candler, Casey, Drake, Duncan, Folks,

Harrison, Hodges, Holcombe, Holton, Howell, Lumpkin, J\'IcDaniel,

Prc~ton,
Simmons, Statrn, Stephens, Troutman, Wellborn, MR. PRESIDENT.

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

Cabaniss,

DuBose,

Hawkins,

Clements of the 44th, Grantland,

Head,

Cumming,

Hamilton of the 21st, Hudson.

Ayes, 2 I. Nays, 9 So the amendment was agreed to. 'I'he 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.

AUGUST 25. 1879.

%73

Boyd,
B)wer,
Cabaniss, Casey, Cumming, Drake,
DuBose, Folks,

Grantland, Hamilton of the 21st,
Harrison, Hawkins, Holton, Howell,
Hudson,

Lumpkin,
l\llcDani~l,
Preston, Stephens, Troutman, Welluorn,
MR. PRESIDENT.

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

Candler.

Fain,

Holcomb,

Clements of the 44th, Head,

Simmons.

Duncan,

Hodgs,

l::itaten.

_Ayes, 22. Nays, 9

So the bill, not having received a constitutional major-

ity, was lost.

Mr. Hudson gave notice that he should move a reconsideration of the same.
The Senate, on motion of Mr. McDaniel, went into ex-.

ecutive session, and having spent some time therein, re-

turned to open session.

The hour of adjournment having arrived, the President

declared the Senate adjourned until 10 o'clock, a. m. Monday.

SENATE CHAMBER,

}

Monday, August 25th, 1879, 10 o'clock, a. m.

The Senate met pursuant to adjournment, the President

in the chair.

Prayer by the Chaplain.

On the call of the roll, the following Senators answered

to their names, to-wit:

Boyd, Bower, Casey, Cumming, Dmke,
DuBo~e,
!Juneau,
Grantland,
Hamilton of the 21st,

Harrison, Hawkins, Head, Hodges,
Holcombe, holton,
Howell, Hudson,

Prest<ln, Simmons, Speer, Stephens, Tison of the lOth, Troutman, Wellborn,
MR. PRESIDENT.

The journal was read and approved. 18

jOURNAL OF THE SENATE

On motion of Mr. Hudson, so much of the journal of Saturday was reconsidered, as relates to the rejection of the bill "To make it unlawful to kill wilddeer, under certain circumstances," etc.

The Senate took up, as the report of the Committee of the Whole, the bill of the House of Representatives "To

create a city government for the town of Eatonton, in Putnam county, and to confer upon the authorities thereof

certain powers in lieu of the' present town government,

and for other purposes."

[Mr. Preston presented to the Senate satisfactory evidence

that the requirements of the Constitution and laws of the State had been complied with, in relation to notice of in-

tention to apply for the passage of this biil to the General

Assembly.]

The report 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 re-

corded.

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

Boyd, Bower, Uasey, Cumming, Drake, DuBose, Dnncan,
HGara.nnitlltaonndhf the 21st,

Harrison, Hawkins, Head, Ho,lges, Holcombe, Holton, HnwHII, Hudson,

Preston, !:lim mons, SpeH, St(phens, Tison of the lOth, Tromm an, Wellborn,
MR. Pm.smll:NT.

Ayes, 25. Nays, o.

So the bill was passed by a constitutional majority.

The Senate took up, as the report of the Committee of the \Vhole, the bill of the House of Representatives "To amend the acts incorporating the Georgia Banking and Trust Company, so as to provide for the reduction of its

capital stock." The report was agreed to. The bill was read the third time and, on the question of

AUGUST 25, 1879

its passage, the ayes and nays were required to be re-

corded.

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

Boyd,
Bower, Casey, Cumming, Drake, DuBose, Duncan,
Grar. tland,

Hamilton of the 21st, Harrison, Hawkins, Hodges, Holcombe,
Holton, Howell,
Hudson,

Preston, . Simmons, Speer, Stephens, . Tison of the lOth, Troutman, Wellhorn,
MR. PRESIDENT.

Ayes, 24. Nays, o.

So the bill was passed by a constituti~mal majority.

.The Sennte took up, as the report of the Committee of

the Whole, the bill of the House ''To amend an act to

establish a new charter for the city of Atlanta, approved

February 28th, 1874, and the several acts amendatory

thereof, so far as to provide for three instead of five water

commissioners for satd city, and to provide their compen-

sation," etc.

The report was agreed to.

The bill was read the third time and passed, by a con-

stitutional majority, there being ayes, 24; nays, o.

Leave of absence was granted Mr. Lumpkin, for this day,

and to Mr. Perry for a few davs, on account of sickness in his family.

The following message was received from the House of

Representatives, through Mr. Goetchius, the Clerk thereof: lVIr. President:

The House of Representatives has concurred in the

amendments of the Senate to the following bill of the House, to-wit:

A bill "To be entitled an act to create a Board of Police

Commissioners for the city of Augusta, in. this State; to

define its powers and duties, and for other purposes."

The House has also concurred in the amendments ofthe Senate to the following bills of the House, to-wit:

A bill ''To be entitled an act to ame.nd section 1676 of

JouRNAL b; TH~SENATE

the Code of Georgia in reference to the creation of private

corporations by the courts of this State."



Also a bill "To be entitled an act to amend an act en-

titled an act to incorporate the town of Talbotton, as-

sented to December zoth, r860."

Also a bill "To be entitled an act to alter and amend section 6th of an act entitled an act to create a board of com~

missioners for the county of Gwinnett, and to prescribe

and define the duties thereof, approved August z6th, 1872,

and for other purposes."

Also a bill 'To be entitled an act to prohibit the catch-

ing of fish, for the purpose of shipping or selling, from the

waters of the Little Ocmulgee river, in the county of Telfair,

and to prescribe a penalty for the same," all of which

actions of the House I am instructed to inform the Senate

forthwith.

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 4747 of the Code of 1873, on the

subject of bail in criminal cases."

The report 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.

Boyd, Bower, Casey, Cumming,
Drake, DuB.,se,
Duncan, Grantland, Hamilton of the 21st,

Hanison, Hawkins Ileacl, '
HodgPS, H>lcombe, Holton,
HHuodwseol~l ,

Ayes, 25. Nays, o.

Prt>ston Simnw.:s,
S~cer,
RtPphens, Ti-on of the lOth, Troutman, Wellborn,
MR. PRESIDENT.

So the bill was passed by a constitutional majority.

The Senate took up, a.s the report of the Committee of

the Whole, the bill of the House of Representatives "To

amend the charter of the Cherokee Iron Company, so as to

authorize said company to build and operate a railroad from

AuGuST 25, 1879-

~77

Cedartown, Georgia, to the Selma, Rome and Dalton Railroad, and for other purposes."

The report 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.

Boyd, Bower, Casey, Cumming, Drake, DuBose, Duncan. Grantland.
Hamilton of the 21st,

Harrison, Hawkins, Herd, Hodges. Holcombe, Holton.
H<~well,
Hudson,

Preston, Simmons. Speer, Stephens. 'l'iwn of the lOth, Troutman, Wellborn,
MR. PRESIDENT.

Ayes, 25. Nays, o.

!:o the bill was passed by a constitutional majority.

The Senate took up, as the report of the Committee of the Whok the bill of the House of Representatives ''To amend an act entitled an act to estab!i:.,h a new charter for the city of Atlanta, approved February 28th, 1874, and the several acts amendatory thereof, in so far as to authorize' the mayor and general council of said city to levy and collect a busine~s tax, as therein provided ; to make a just and proper classification of busine<>s for taxation ; fixing the time tor opening and closing the tax books of said city~ and for other purposes."

The report was amended, on motion of Mr. Howell, by adding to the end of the second section the following pro viso: ''Provided, That nothing herein contained shall be construed to authorize the levy of a tax upon any profes~ sion not taxable under the general tax act.

The report, as amended, was agreed to.

The bill was read the third time, and, on the question of }ts passage, as amended, the ayes and nays were required to be recorded.

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

}OURNAL OF THE SENATE

Boyd, Bower, Casey, Cumming, Drake, DuBose, Duncan, Graullaml,
Hamilton of the 21st

Harrison, Hawkins, Ht-ad, RodgeR,
Holcombe, Hollon, Howell, Hudson,

Preston, Simmons, Speer. StephenR, Tison of the lOth, Troutmii.D, "Welihorn. 1\'IR. PRESIDENT.

Ayes, 25. Nays, o.

So the bill was passed, as amended, by a constitutional

majority.

Mr. Wellborn, chairman pro tem, of the Committee on

Enrollment, submitted the following report:

Mr. President :

The Committee on Enrollment reports as duly enrolled,

signed by the Speaker of the House of Representatives,

and ready for the signature of the President of the Senate,

the following acts, to wit: An act ''To authorize the Board of Educ~tion of Whit-

field county to order the payment of one hundred and

three dollars of the common school fund, a balance due

county school commissioners for services rendered and ex-

pense incurred in the year 187 1."

Also an act "To confirm an ordi11ance of the city coun-

cil of Augusta, entitled an ordinance to create a sinking

fund, passed the 10th day of March, A. D. 1877, as

amended by an ordinance passed the 6th day of August,

A. D. 187I, and for other purposes."

Also an act ''To alter and amend section 2970 of the

Code of 1873, and for other purposes."

Also an act ''To amend an act to fix the pay of tax

receiver and collector of Laurens county, and to consoli-

date the offices of county treasurer and clerk of the

Superior Court of said county, and for other purposes,

approved February 27th, 1877."

Also an act ''To repeal an act consolidating the offices

clerk of the Superior Court and county treasurer of Paulq

~ng county, approved February 22d, 1877-"

AuGUST 25, 1879.

279

Also an act "To authorize each and every c.ounty in this

State to establish and maintain a system of drainage, and

to ratify established systems."

Al5o an act ''To pmhibit the sale or furn.ishing of spirituous, malt or other intoxicating liquors withi~

McDuffie county, and to provide a punishment for the

same."

Also an act "To amend an act to regulate the manner

of holding municipal elections in the city of \Vest Point,'

and for other purposes, approved March zd, 1874"

Also an act "To repeal an act to provide for the pay-

ment of certain insolvent costs in the Augusta Judiciaf

Circuit, approved February I sth, I8J3, in so far as said

act applies to the county of Richmond."

Also an act ''To amend the 5th section of an act to

alter and amend an act to incorporate the stockholders of

the Cartersville and Van Wert Railroad Company, ap-

proved October zsth, ISJO, so as to strike from said sec~

tion the words 'and all suits against said company shall be,

instituted and tried at Cartersville, Georgia, in the courts

there to be held, of competent jurisdiction.'"

.

Also an act "To change the time of holding the Superior Co~rt for the county of Mitchell."

Also an act ''To prevent the driving or grazing of

diseased cattle in places other than those where cattle are

diseased, and to fix a penalty for the same.''

Also an act ''To create a board of police commissioners

for the city of Augusta, in this State; to define its po\yers

and duties, and for other purposes."

C. ]. WELLBORN,

Cltaziman, pro tem.

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

the Whole, the bill "To incorporate the Georgia Branch

of the National Bell Telephone Company, and for other

purposes."
'fpe S!i1lle was amended, in accordance with th~ report

286

JouRNAL oF THE SENA~

of the Judiciary Committee, as follows, to-wit: Strike out of the first section the words "deemed by said company." Also amend section second, by inserting after the word . "Atlanta," in the 4th line, the words ''provided the per mission of the city council is first obtained for the erection of such poles and wires."
The report, as amended, was agreed to.
The bill was read the third time and passed, as amended, by a constitutional mc>jority, there being ayes, 23 ; nays, o.
The Senate took up, as the report of the Commiitee of the Whole, the bill of the House of Representatives "To authorize and provide for the organization of chain-gangs for misdemeanor convicts in this State."
The report was agreed to.
The bill was read the third time and passed, by a consti tutional majority, there being ayes, 32; nays, o.
The Senate took up, as the report of the Committee of the Whole, the bill of the House of Representatives "To amend the charter of the town of Crawfordville, so as to authorize the town council of said incorporation to levy a special tax on the sale of spirituous or malt liquors within said incorporation."
The report was agreed to. The bill was nad the third time and passed, by a constitutiona! majority, there being ayes, 23 ; nays, o. The following bills of the House, vvere on motion, laid on the table for the present, to-wit : A bill "To amend section 4370 of the Code of Georgia, defining the offense of shooting at another, and prescribing a penalty therefor," and A bill "To incorporate the Brunswick and St. Simons Telegraph Company, and for other purposes." Mr. Preston, from the Committee of Conference, to whom was referred House bill No. 199, entitled a bill "To repeal sections 4387 and 4388 of the revised Code of 1873,

AuGUST 25, 1879-

and to prescribe a punishment for burglary, and for other purposes," made a report as follows, to-wit:

That the House recede from its disagreement to the Senate a_mendments, and that the amendments of the Sen

ate be agreed to. (Signed.)

E. C. BowER,
J. w. PRESTON,
Committee on part l!f Senate.

JoHN I. HALL,

w. THOMAS

MILNER,

W. L. JOHNSON,

On pmt of House.

Mr. Holton, in an appropriate manner, announced the death of the Honorable Jacob C. Clements, of the I 5th Senatorial District, and offered the following resolutions, which was unanimously agreed to, to-wit:

"Whereas, The Hon. Jacob C. Clements, a member of the present Senate, being the Senator elect from the 15th Senatorial District, died in the city of Atlanta on Sunday, the 24th instant; ther'efore, be it

''Resolwd Ist, That a committee of five members of the Senate be appointed to draft and present to the Senate suitable resolutions expressive of the feelings of this body as to the death of the Honorable Jacob C. Clements, Senator from the fifteenth Senatorial District.

"Resolved 2d, That in further respect to the memory of that honored Senator, the Senate now adjourn for the day.

"Resolved 3d, That the action of the President of the Senate, appointing Senators Staten and Folks to escort the remains of Hon. J. C. Clements to his home, is approved by the Senate, and that leave of absence be granted the said Senators for that purpose."

The President appointed as the committee under the foregoing, Messrs. Holton, Wellborn, Harrison, Hudson and Cumming.

282

JouRNAL oF THE SENATE

. The President declared the Senate adjourned until 10 o'clock, a. m., to-morrow.

SENATE CHAMBER, } Tuesday, August z6tlt, 1879, 10 o'clock, a. m.

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

Prayer by the Rev. W. P. Duncan, Chaplain of the Senate.
On the call of the roll, the following Senators answered

to their names, to-wit:

Boyd,
Bower, Br-yan, Candler, Casf'y, Clarke,
Cumming, Drake, DuBose, Duncan,

Grantlancl,
Hamilton uf the 21st, Harrison, Hawkins, Head, H,lg:s,
Holr.ombe, Holton, Howell, Hudson,

Lumpkin,
Preston, HnssPil, Simruocs, Speer, Stepl;ens,
Tison of the 10th, Troutman, Wellborn, MR. Pm,;smENT.

The journal was read and approved.

Leave of absence was granted Mr. Hudson for Friday

and Saturday next, and to Mr. Drake and Mr. Wellborn

for the- remainder of this week.

Mr. Russell, chairman of the Committee on Enrollment,

submitted the follo\ving report:

Mr. President :

The Committee on Enrollment report as duly enrolled,

signed by the Speaker of the House of Representatives,

and ready for the signature of the President of the Senate,

the following act, to-wit:

An act ''To amend section 1676 of the Code of Georgia

with reference to the creation of private corporations by

the courts of this State."

D. A. RussELL,

Clzairman.

Mr. Hudson offered the following resol4tion, which was

r~;1d and agreed to, towit

"Resolved, That Hon. R. T. Byrd be invited to a seaton the floor of the Senate during his stay in this city."

Under a suspension of the rules, Mr. Well born introduced a bill "To fix the time for holding the fall terms of

the Superior Courts in the counties of Union and Towns, and for other purposes." The same was referred to the

Committee on the Judiciary.

The joint resolution from the House of Representatives, authorizing the payment of the per diem of certain de-

ceased members of the House of Representatives, was

taken up and read.

On motion of Mr. Holton, the same was so amended as to include in its provisions the unpaid pel' ditm of the

Hon. Jacob C. Clements, Senator from the 15th, de-

ceased.

On the question of concurring in the resolution, as

amended, the ayes and nays were required to be recorded.

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

Bower, Bryan, Candler,
Casey, Clarke, Cumming, Drake, DuBose, Duncan,.

Grantland, Hamilton of the 21st, Harrison,
Hawllins, Head, Hodges, Holt .. n, Howell, Hudson,

Preston. Hussell, Speer, Stephens, Tison of the lOth. Trontmaa, Wellborn,
lUR. PRESIDENT.

Those who voted in the negative are, to-wit-,1essrs.

Holcombe,

Lumpkin,

Simmons.

Ayes, 26. N:>.ys, 3 So the resolution, as amended, was concurred in. The joint resoluti.on from the House of Representatives,

"Authorizing the State Treasurer to pay interest due on certain bonds of this State therein mentioned," was taken up, and, on motion, referred to the Finance Committee.
The reconsidered bill of the House of Representatives.

"To regulate the rates and manner of legal advertising in
this State, etc., etc., and for other purposes," was taken

jOURNAL OF THE SENATE

up, and, on motion of Mr. Head, laid on the table for the

present.

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

the Whofe, the bill "To make certain enclosures therein

defined lawful fence, and to extend to the same existing

provisions of law on the subject of lawful fence."

The same was amended, in accordance with the report of

the Committee of Agriculture, by inserting the following

at the close of the first section, to-wit: "Provided, That

fences constructed, as herein provided, shall be lawful

fences, only as to cattle, horses and mules."

The report, as ~amended, was agreed to.

The bill was read the third time and passed, as amencf.

ed, by a constitutional majority, there being ayes 23;

nays, o.

On motion of Mr. Head, the bill of the Senate "Re

quiring the ordinaries of the several counties of this State

to let the official printing of the counties to the lowest bid-

her," was laid on the table for the present.

The Senate took up, a~ the report of the Committee of

the \Vhole, the bill "Requiring receivers and collectors of

taxes in this State to return, by name, dealers in

spirituous, vinous or malt liquors, or intoxicating bitters,

and to give the amount of special tax paid by each deal~r,

or from any person from whom a special tax has been re-

ceived, and the date of said j payment, and .for other pur-

poses."

The report was agreed to.

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

its passage, the ayes and nays were required. tq be re-

corded.

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

Bower, Bryan, Candler, Casey, Clartce,
Cum:niog,

H'l.n'lton of tlw 21st, Ihrrison,
Hawkins, Head, Hodges, Holcombe,

Lumpkin, Pres'on, Simmons, Speer, t:ilephens,
Ti11on of the lO!.h,

AUGUST 26, I879

Drake, DuBose, Duncan,
Grantland,

Hulton, Howell,
Hudson,

Tr,,utman, Wellbnril,
MR. PRESIDENT.

Ayes, 28. Nays, o.

So the bill was passed by a constitutional majority.

The following message was received from the House

of Representatives, through Mr. Geotchius, the Clerk

thereof:

Mr. President:

The House of Representatives has passed the following

bill of the Senate, to-wit:

A bill "To be entitled an act to amend an act carrying
into effect paragraph z, section I 8, article 6, of the Con-
stitution of I 877, and for other purposes," with amendments, in which they respectfully ask the concurrence of

of the Senate, and I am instructed to transmit the same

.immediately to the Senate.

On motion of Mr. Holton, the Senate took up and con-

curred in the amendments of the House of Representa-

tives to the bill mentioned in the foregoing message.

The bill "To define the crime of being a tramp, with

proposed substitute, was taken up, and, on motion, laid upon the table for the present.

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

the Whole, the bill 'To amend section 66 I of the revised

Code of 1873, in relation to the amount of the fine to be imposed upon road commissioners."

The report wa~ agreed to.

The bill was read the third time and passed, by a constitutional majority, there being ayes, 25; nays, 1.

Mr. Hudson offered the following resolution, which w_as

taken up and read, to-wit:
"Resolved, That when the Senate adjourns Thursday, the
9y; adjournment shall extend to Monday morning next,
<>'clock."

286

JOURNAL OF THE SENATE

On the q uestiou of agreeing to the same, Mr. Holcombe

required the ayes and nays to be recorded.

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

Bower, Bryan, Casey, Clarke, Cumming, Drake, Duncan,

Grantland, Hamilton of the 21st, Head, Hodges, Holton, Howell, H udsnn,

Lumpkin, Prl'ston, Stephens, Tison of the lOth, Trontman, Wellborn.

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

()amUer, DuBose, Harrison,
Ayes, 20.

Hawkins, Holcombe, . t:iimm<>ns,
Nays, 8.

Speer, MR. PRESIDENT.

So the resolution was agreed to.

Mr. Wellborn, protem. chairrnan of the Committee on

Enroilment, submitted the following report:

.lYfr. President:

The Committee on Enrollment report as duly enrolled,

signed oy the S!Jeaker ot the House of Representatives,

and ready for the signature of the President of the Senate,

the follo>ving acts, to wit :

An act "fo amend sections 95 I, 952 and 953 of the

Code, relative to the issuanceof lostbondsorcoupons, so as

to apply the same to bonds or coupons, as wdl as to lo;;t

bonds and coupons."

Also an act ''To amend an act to incorporate the town

of Talbotton, anJ for other purposes, assented to Decem-

ber 2oth, I 86o."

Also an act 'To alter and amend. section 6th of an act

to create a bo:1rd of commissioners for the county of

Gwinnett, and to prescribe and define the powers and

duties thereof, approved August 26th, I 872, and for other

purposes." Also an act ''To prohibit the catching of fish, for the

purpose of shipping or selling. from the waters of the Lit

tle Ocmulgee river, in the county of Telfair, and to pre-
a scribe penalty for the same."

AUGUST 2J, 1879.
Also an act 'To authorize and empower the county commissioners of Houston county to purchase property whenever and wherever put up for sale in said county, or elsewhere, under executions for State and county taxes, and for other purposes."
Also an act "To amend an act, approved February 21st, 1876, which amended an act approved August 27th, 1872, to create a broad of commissioners of roads, public buildings and public property, and finances, for the county of Monroe, and for other purposes."
The Senate, on motion, adjourned until 10 o'clock, a. m., tomorrow.

SENATE CHAMBER, } Wednesday, August 2Jtlt, 1879, 10 o'clock, a. m.

The Senate met pursuant to adjournment, the President

in the chair.

Prayer by the Chaplain.

On the call of the roll, the following Setldtors answered

to their names, to-wit:

Boyd,
Bower, Bryan, Candler, Casey, < Iarke,
Ctanming, Drake, DuBose,
Duncan,

Folks,
Gmutland,, Hamilton of the 21st, Harrison, Hawkins, HPad,
Horl2;e~,
Hnlc mbe, Holton,
Howell,

Hudson, Lumpkin, Preston,
Rt~sell,
Simmons, Speer, Stephens, Tison of the lOth, Troutman,
lVIR. PRESIDENT.

The journal was read and approved.

The following message was received from the House of

Representatives, through Mr. Goctchius, the Clerk thereof: Mr. Presidmt :

The House of Representatives has passed the follow ing bills, to-wit :

A bill "To be entitled an act to authorize the board of

commissioners of Decatur county to issue bonds for the pur.;

288

jOURNAL OF THE SENATE

pose of building a bridge over Flint river, near Bainbridge,

and for other purposes."

.

Also a bill ''To be entitled an act to give to justices of

the peace of this State jurisdiction to foreclose mortgages

on personalty, where the principal sum involved does not

exceed one hundred dollarf', and to hear, determine and

dispose of defenses offered against foreclosures, and for

other purposes."

Also a bill "To be entitled an act to prohibit ordinaries,

county commissioners of roads and revenues, tax collec.

tors, sheriffs, clerks or treasurers from buying up, at a

discount, or in any manner speculating in cou'1ty orders,

jury scrips, and to prescribe a penalty for any violation of

this act."

Also a bill "To be entitled an act to authorize the

Governor, with the consent of the lessees of the Vvestern

and Atlantic Railroad, to convey to the mayor and alder-

men of the city of Chattanooga, Tennessee, a small tract

of land in said city, for the purpose of fire protection, and

other city purposes."

Also a bill 'To be entitled an act to carry into effect

paragraph 5. section 2, article 5, of the ConstitLttion, and

to prohibit the State Treasurer, or any officer of.this State

or county, from using, either directly or indirectly, any

money of the State, and for other purposes."

Also a bill 'To be entitled an act to incorporate the

Oconee River Steamboat Company."

Also a bill "To be entitled an act to declare more fully

and e}plicitly the intention of the General Assembly, ex-

pressed in paragtaph 14, section 2, of the act entitled an

act to collect a tax for the support of the State govern-

ment, approved December 16th, 1878."

Also a bill "To be entitled an act to amend an act to

incorporate the town of Eastman, in the county of Dodge;

to define the limits ot the same, etc., approved December

1 5th, 1871."

AuGusT 27, 1S7g.
Also a bill "To be entitled an act to define and enlarge the duties of the Attorney-General of this State, and for other purposes."
Also a bill "To be entitled an act to provide one commissioner of roads and revenue in the county of Forsyth, and to prescribe his powers and duties."
AIM a bill "To be entitled an act to amend the law in relation to court contracts, as contained in sections 2758 to 2772, inclusive, of the revised Code of 1873, so as to confer upon the Courts of Ordinary, in such counties as have no County Courts, the power and jurisdiction to file, enforce and determine court contracts, and for other purposes."
Mr. Rus~ell, chainnan of the Committee on Enrollment, submitled the following report: 1Vr. Prcsidmt:
The Committee on Enrollment rep0rt as duly enrolled, and ready for the signature of the President and Secretary of the Senate, the following bills of the Senate, towit:
An act "To prescribe the manner of creating corporations by the courts."
Also an act "To amend an act carrying into effect paragraph 2, section 18, article 6 of the constitution of 1877, and for other purposes."
Mr. Clarke, in behalf of the Committee on Hules of Procedure, in the impeachment trial of the ComptrollerGeneral, offered the following as an amendment to rule 17, to-wit:
"Resolved, That the Rules of Procedure upon the impeachment of Washington L. Goldsmith, ComptrollerGeneral, be amended by adding to rule 17 the following paragraphs :
"Should the Messenger need assistance in serving subpcenas, he may, by writing on the back of any subpcena, designate any person in the county where service is to be made, to effect service thereof; and the person making ser-
19

JouRNAL OF THg SENATE
vice of any subpcena or subpcenas, unless he be a sheriff, deputy-sheriff or constable, shall make an affidavit of the fact and date of each service ; and the Messenger shall return all such evidences of service to the Secretary of the Senate.
''Should a subpama duces tecum be desired, the Secretary shall insert in the above form of subpcena, a command to bring in such paper, papers, or other things as may be designated."
The foregoing amendments to the said rules, were, on motion, taken up and agreed to..
The following bills of the House of Representatives were read the first time, ar:d referreed to the Committee on Corporations, to-wit:
A bill ''To amend an act to incorporate the town of Eastman, in the county of Dodge; to define the limits of the same, etc., approved December rsth, I87I," and
A bill "To incorporate the Oconee River Steamboat Company."
The following bills of the House of Representatives were read the first time, and referred to the Committee on Fin~nce, to-wit :
A bill "To authorize the board of commissioners of Decatur county, to issue bonds for the purpose of building a bridge over Flint, river near Bainbridge, and for other purposes."
A bill "To provide one commissioner of roads and revenue in the county of Forsyth, and to prescribe his powers and duties.''
A bill 'To prohibit ordinaries, county commissiners of roads and revenues, tax collectors, sheriffs, clerks, or treasurers, from buying up, at a discount, or in any manner speculating in county orders, jury scrips, and to prescribe a penalty for any violation of this act," and
A bill "To carry into effect paragraph 5, section 2, article 5, of the Constitution, and to prohibit the State Treas-

AuGUST 27, i879
urer, or any other officer of this State or county, from issuing, either directly or indirectly, any money of the State, and for other purposes."
The following bill~ of the House of Representatives were read the first time and referred to the Committee on the Judiciary, to-wit:
A bill ''To declare more fully the legislative intention expressed in paragraph J4, section 2, of the act entitled an act to collect a tax for the support of the State government, approved December 16th, 1878."
A bill ''To define and enlarge the duties of the Attorney-General of this State, and for other purposes."
A bill "To <:uthorize the Governor, with the consent of the lessees of the Western and Atlantic Railroad, to convey to the mayor and aldermen of the citr of Chattanooga, Tennessee, a small tract of land, in said city, for the purpose pf fire protection, and other city purposes."
A bill "To amend the law in reb.tion to court contracti', as contained in sections 2758 to 2772, inclusive, of the revised Code of 1873, so as to confer upon the Courts of Ordinary in such counties as have no County Courts, the power and jurisdiction to file, enforce a.nd determine court contracts, and for other purposes," and
A bill "To give the justices of the peace of this State jurisdiction to foreclose mortgages on personalty, where th;! pri 1cip1l sum invo:ved d:);!.; not excec:d one hu1dred dollars, and to hear, determine and dispose of dt:fenses offered against foreclosures, and for other purposes."
Under a suspension of the rules, Mr. Clarke introduced the following bill, which was read the first time and referred to the Committee on the Judiciary, to-wit:
A bill "To further define the jurisdiction, powers, proceedings and practice of County Courts, in this State, so that the same shall be uniform, as required by paragraph I, of section 9, of article 6, of the Constitution of this State."

jOURNAL OP THE SENATE
Mr. Holton offered the following privileged resolution, to-wit:
''Resolved, That the hour of I I o'clock, a. m., to-morrow, the 28th instant, be set apart to present the resolu-
tions in memory of the Honorable J. C. Clements, of the
15th, deceased." The following message was received from His Excel-
lency the Governor, through his Secretary, Mr. Warren, 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, and, after remaining some time therein, retumed to open session.
Mr. Cumming- offered the following privileged resolution, which was read and agreed to, to-wit:
''Resolved, That General LaB'ayette McLaws be invited to a seat on the floor of the Senate during his stay in the city."
The Senate took up, on motion of Mr. Holton, as the report of the Committee of the Whole, the bill of the House of Representatives "To amend an act to incorporate the town of Thomson, in the county of Columbia (now McDuffie), approved December 16th, 1859 so far as relates to increase of the tax on sale of spirituous liquors, and for other purposes."
[Mr. Casey presented to the Senate satisfactory evidence that the requirements of the Constitution and laws of the State, in relation to notice of intention to apply to the General Assembly for the passage of this bill, had been complied with.]
On motion of Mr. Casey, the bill was amended by add. ing the following proviso, to the end of the first section,

to-wit: ''Provided, that the provisions of this section, ina creasing the tax on the sale of spirituous liquors, shall not be operative so long as the act to prohibit the sale of whisky in McDuffie county remains in full force."

The report, as amended, wa!: agreed to.

The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 23; nays, o.

The Senate, on motion, took up, as the report of the Committee of the Whole, the bill of the House of Repre. sentatives, "To incorporate the Brunswick and St. Simons Telegraph Company, and for other purposes."
[Mr. Holton presented to the Senate satisfactory evidence that the requirements of the Constitution and laws of the State, in relation to notice of the intention to apply to the General Assembly for the passage of this bill, had
been complied with. J
The report was agreed to.

The bill was read the third time and passed, by a con stitutional majority, there being ayes, 24 ; nays, o.

It was moved that the Senate adjourn, and on this motion the ayes and nays were required to be recorded.
Those who voted in the affirmative are, to-wit-Messrs.

Boyd, B1yan,
Cumming, Drake, Grantland,

Harrison, Hodges, Holton, Howell, Hudson,

Lumpkin,
Hussell, Stephens,
1\h~. PRESIDENT.

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

Bllwer, Candler, Casey, Clarke, DuBose,
Ayes, r4.

Duncan, l!'olkR, H amiltr,n of the 21st, Hawkins, Holcomi.Je,
Nays, 14.

Preston, Simmons,
Speer, Tison of the 10th.

So the motion did not prevail.

Mr. Russell moved that the Senate take a recess for fifteen minutes.

This motion was lost.

JOURNAL OF THE SENATE
On motion of Mr. Hodges, the Senate then adjourned until IO o'clock, a. m., to-morrow.

SENATE CHAMBER, } Thursday, August 28, 1879, 10 o'clock, a. m.

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

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

BoyJ, Bryan, Candler, Casey, Clarke, Cumming,
DuBose, Folks. Grantland,

Harrison, Hawkins, Head, Hodges, Holc>mbe, Holton,
Howdl HnJsnn: Lumpkin,

Preston, Hussell, Simmons, Speer, Stephens, Tison of the 4th,
Tison of llle lOth, Tr ulman,
MR. PREi!IDENT.

The journal was read and approved.

Leave of absence was granted Messrs. McDaniel and Troutman for today, and to Messrs. Duncan and Bower

for a Jew days. The following message was received from the House of
Representatives, through Mr. Goetchius, the Clerk thereof: Mr. P~esident:
The House of Representatives has passed the following

bills, towit: A bill "To be entitled an act to reduce certain larcenies
after trust to a misdemeanor, when the conversion is less than fifty dol!ars."
Also a bill "To be entitled an act to authorize the mayor

and council of Athens to use the money paid by the Southern Mutual Insurance Company, of Athens, Georgia, as

taxes on gross premiums for the year 1879, for the purpose of building cisterns in the city of Athens."

Also a bill "To be entitled an act to authorize the ordi-

AuGuST 28, 1879.
nary of Clarke county to issue four per cent. bonds to substitute for county bonds now outstanding;"
Also a bill "To be entitled an act to make it a high misdemeanor, and punishable as prescribed therein, for any official, or clerk, or employe of any official, to influence, or attempt to influence, the Governor, or the head of any or either of the departments of this State," etc.
Also a bill ''To be entitled an act to incorporate the Athens Transfer Railroad Company." 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 alter and amend section 28 of the school law of August 22, 1872, and to carry into effect, as to the past, the concluding words of that section," and I am instructed to transmit notice of this action by the House to the Senate forthwith.
The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof: Mr. Preszdent :
The House of Representatives has passed the following bills, to-wit :
A bill "To be entitled an act to amend section 2 of an act to repeal an act to incorporate the town of Hillsborough, in the county of Floyd, and for other purposes."
Also a bill "To be entitled an act to amend an act entitled an act to establish a city court in the city of Atla'nta, and more particularly to regulate the payment of the insolvent costs, heretofore accrued, of the several officersof the said city court, and to authorize and prescribe for the allowance and receipt of the general claims of the said officers on account of insolvent costs, when duly authenticated as prescribed by law, in payment of taxes and the claims due to the State."
Also a bill "To be entitled an act to change the time of holding the Superior Court, in the county of Houston, from the fourth Mondays in May and November to the fi.r~~

JouRNAL oP THE SENATE
Mondays in April and October, and to make all proceed ings in said court returnable to next November term, returnable to the October term, as herein fixed."
Also a bill "To be entitled an act to provide a penalty for escapes from the chain-gang, and for other purposes, approved February 13th, 1876, so as to change the punishment prescribed by said act."
Also a bill "To be entitled an act to create a b~ard of commissioners of roads and revenues for the county of Putnam, and to define its powers and duties."
Also a bill ''To be entitled an act to amend paragraph 4S69 of the Code of 1873, in reference to buying and selling votes, and changing the penalty for the same.-"
Also a bill "To be entitled an act to authorize the ordinary of Fulton county to enter into a contract with the owner of the "Abstract of Title" of Fulton county, to furni<>h said abstract book, and keep up the same for the benefit of the people of said county."
The House has concurred in the amendment of the Senate, to the following joint resolution of the House, to-wit:
A resolution "Authorizing the payment of the per diem of certain deceased members of the House of Representa tives," and I am instructed to transmit notice of the same to the Senate forthwith.
The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof: Mr. Ptesidmt:
The House of Representatives has passed the following bills, to-wit:
A bill ''To be entitled an act to authorize the ordinary of Milton county, Georgia, to borrow money for the purpose of paying for the building of a court house in said county, and to provide for the payment of said borrowed money."
Also a bill ''To be entitled an act to authorize the county of Dougherty, by its county commissioners, to issue bonds of

AuGUST 28, 1879
said county for thirty thousand dollars, .and to provide for the assessment and collection of an annual tax to pay the principal and interest of the same, in compliance with article 7, section 7, of the Constitution, for the purchasing the bridge across Flint river, at Albany, for the use and benefit of said county."
Also a bill ''Appropriating money to pay the expenses of the Special Wild Land Committee, appointed at the present session."
Also a bill "To be entitled an act to prevent the destruction of game in the county of ] ones, in this State, and for other purposes."
Mr. Russell, chairman of the Committee on Enrollment, submitted the following report: M1'. President :
The Committee on Enrollment report as duly enrolled, signed by the Speaker of the House of Representatives, and ready for the signature of the President of the Senate, the following acts, towit :
An act ''To alter and amend section 4747 of the Code of 1873, on the subject of bail in criminal cases."
Also an act ''To amend the acts incorporating the Georgia Banking and Trust Company, so as to provide for the reduction of its capital stock."
Also an act ''To amend an act to establish a new charter for the city of Atlanta, approved February 28th, l874, and the several acts al!'endatory thereof, and for other purposes therein mentioned."
Also an act "To authorize and provide for the organi zation of chain gangs for misdemeanor convicts in this State."
Also an act "To amend the charter of the town of Crawfordville, so as to authorize the town council of said incorporation to levy a special license tax on the sale of spirituous or malt liq1~ors within said incorporation."
Also an act 'To create a city government for the town

JoURNAL OF THE ~ENATE

of Eatonton, in Putnam county, and to confer upon the

authorities thereof certain powers, in lieu of the present

town government, and for other purposes."

Also a resolution "Authorizing the payment of the per

diem of certain deceased members of the House of Rep

resentatives and Senate."

D. A. RussELL,

Chainnmz.

Mr. DuBose offered the following privileged resolution,

which was read and agreed to, to.wit:
"Resolved, That the Hon. A. J. Lane, of Bibb county,

be invited to a seat on the floor of the Senate during his

stay in this city."

Mr. Harrison, chairman of the Committee of Conferente

on the bill of the House, making certain exemptions from

jury duty, made the following report, which was read,

to-wit:

Jl.fr. President:

The Committee of Conference, to whom was referred

the adjustment of certain defferences between the Senate

and House of Representatives, in regard "to the bill en-

titled an act to exempt from jury duty ministers of the

gospel, physicians apothecaries, school teachers, millers,

ferrymen, certain railroad employes, all male persons over

sixty years old, and for other purposes," recommend that

the Senate recede from its amendment to the caption of the

bill, striking out the word '_'sixty" and inserting the words

''!'ixty-five."

We further recommend that the House recede from its

disagreement to the Senate amendment to the caption of

said bill, adding thereto certain firemen.

We further recommend that the Senate amendment to

section 1st of said bill be amended so that it will read a<>

follows: "Officers and members of each fire company in

this State, in towns and cities of less than ten thousand

inhabitants, to the number of twenty-five, doing a.c;9ve

AUGUST 28, 1879
duty as firemen; and in cities of ten thousand or over, forty to each company, whose names shall be certified to as active, duty-doing firemen, by the secretary or clerk of such companies, and filed in the office of the clerk of the Superior Court of the county in which such company is located, on or by the first day of January of each year.
HARRISON,
HoLTON,
RussELL, Committee on t!te part of the Senate.
HUMBER,
HARRIS,
DuvAL, Committee orz the part of the House.
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 amend paragraph 4569 of the Code of 1873, in reference to buying or selling votes, and changing the penalty for the same."
A bill "To make it a high misdemeanor, and punishable as prescribed therein, for any official, or clerk, or employes of any official, to influence or attempt to influence the Governor, or the head of any or either of the departments of this State," etc.
A bill "To reduce certain larcenies after trusts to a misJemeanor, where the conversion is less than fifty dollars."
A bill ''To authorize the ordinary of Fulton county to enter into a contract with the owner of the 'Abstract of Title,' of Fulton county, to furnish said abstract book, and keep up the same, for the benefit of the people of said county."
A bill "To amend an act entitled an act to establish a City Court in tl;e city of Atlanta, and more particularly to regulate the payment of the insolvent costs, heretofore accrued, of the several officers of the said City Court, and

300

JouRNAL OF TH~ SENATE

to authorize and prescribe for the allowance and receipt of the several claims of the ~aid officers, on account of insolvent costs, when duly authenticated, as prescribed by law, in payment of taxes, and the claims due to the State," and
A bill "To amend an act entitled an act to provide a penalty for escapes from the chain gang, and for other purposes, approved February 13th, 1876," so as to change the punishment by said act.
The following bills of the House of Representatives were read the first time, and referred to the Committee on Corporations, to-wit:
A bill "To incorporate the Athens Transfer Railroad Company."
A bill "To amend section 2 of an act to repeal an act to incorporate the town of Hillsborough, in the county of Floyd, and for other pusposes," and
A bill ''To create a Board of Commissioners of Roads and Revenue for the county of Putnam, and to define its powers and duties "
The following bills of the House of Representatives were read the first time, and referred to the Committee on Local and Special Bills, to-wit:
A bill "To authorize the county of Thomas to issue certain bonds and levy a tax for their payment, for the purpose of purchasing the bridge across Flint river, at Albany."
A biil "To prevent the destruction of game in the county of Jones, in this State, and for other purposes."
A bill "To authorize the mayor and council of the city of Athens to use the money paid by the Southern Mutual Insurance Company, of Athens, Georgia, as taxes on gross premiums for the year 1879, for the purpose of building cisterns in the city of Athens," and
A bill "To change the time of holding the Superior Courts in the county of Houston, etc., and to make all proceedings in said courts returnable to next November

AuausT 28, 1879-

301

term, returnable to the October term, as herein pro-
vided." The following bills of the House of Representatives were
read the first time, and referred to the Commitfee on Fi
nance, to-wit: A bill "To authorize the ordinary of Milton county.
Georgia, to borrow money for the purpose of paying for the building of a court house in said county, and to provide for the payment of said borrowed money."
A bill "To authorize the ordinary of Clarke county to issue four per cent. bonds to substitute for county bonds now outstanding," and
A bill ''Appropriating money to pay the expenses of the Special J oi:1t Wild Land Committee, appointed at the present session."
Under a suspension of the rule~, Mr. Russell offered the following bill, which was read the first time, and referred to the Judiciary Committee, to-wit:
A bill ''To define and regulate the jurisdiction of county and other inferior courts, in certain cases, and for other purposes."
The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof:
Mr. President : The House of Representatives has had under considera-
tion the report of the Conference Committee on the following bill of the House, to-wit:
A bill "To be entitled an act to exempt from jury duty ministers of the gospel, physicians, apothecaries, school teachers, millers, ferrymen, certain railroad employes, all male per,;ons over sixty years old, and all telegraph operators," and the "House has receded from its disagreement to the amendment of the Senate to the caption of said bill, adding thereto, the words ''certain fire. men," and has also receded from its disagreement to the

302

JOURNAL OF THE SENA'rl!

second amendment of the Senate to the first section of said bill, and h<ts amended said amendment by agreeing to the report of the Joint Conference Committee thereon, and I am instructed to transmit the action of the House thereon, forthwith.

At the hour of I I o'clock, a. m., the President announced that the time appointed for the consideration of resolutions in memory of the Hon. Jacob C. Clements, late Senator from the I S'th district, having arrived, the report of the committee on this subject was in order. \Vhereupon, the Hon. Mr. Holton, offered the follo\ving resolutions, which were read:

Resolwd I, That in the death of the Honorable Jacob Clinton Clements, the late Senator from the 15th district, who died in the city of Atlanta, en the 24th of August, I 879. and before the expiration of his term of office;
Resolved 2, That his fidelity in the discharge of the duties which his high office imposed, and the uniform kindness and courtesy which marked his intercourse, both official and social, with his fellow members, have embalmed his memory in our hearts, and entitle him to this formal and public expression of our appreciation of the great loss which the Senate and people of Georgia have sustained in his death.
Resolved 3, That we, his surviving colleagues, tender to his stricken family, our condolence, and that the Secretary of the Senate be, and he is hereby directed to have framed and transmit to them, a copy of these resolutions.
Resolved 4, That, in token. of our respect for the memory of our late colleague, the Senate will hold no session on Friday, the 29th inst.
Resolved 5, That the Messenger be, and he is hereby

SEPTEMBER I, 1879

303

directed to drape the vacant chair of the deceased Senator

with black crape, or other appropriate material.

(Signed.) G. ]. HoLTON,
. c. J. WELLBORN,

\VILLIAM HARRISON,

]. B. CuMMING,

JoHN N. HunsoN,

Committee.

After appropriate eulogies, the Senate, by a unanimous

and rising vote, adopted the foregoing n:-port.

Mr. Russell, chairman of the Committee on Enrollment,

submitted the following report :

.11-Jr. Prcszdmt:

The Committee on Enrollment report as duly enrolled,

and ready for the signature of the President and Secretary

of the Senate, ti1e following act, to-wit:

An act "To authorize the lease or sale of the Macon and

Brunswick Railroad, and to confer certain chartered powers

and privileges upon the lessees of said road; to build ex-

tensions of the same from Macon to Atlanta, from Bruns.

wick to Florida line, and from Hawkinsville or Eastman to

Americus, and to appoint commissioners to run the same,

and prescribe their powers and duties, and for other pur

poses. II



The Senate, on motion, and in accordance with a reso

lution agreed to on the 26th instant, adjourned until 9.%

o'clock, a. m., Monday, the 1st September.

SENATE CHAMBER, } Monday, September I, 1879, 9.% o'clock, a. m,
The Senate met pursuant to adjournment, the President in the chair.
Prayer by the Chaplain.

jOURNAL OP' THE SENATE

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

their names, to-wit:

Bower, Bryan, Cabaniss, Candler, Casey, Clements of the 44th,
Clifton, Cun1ming,
DuBose, Dune u,
Fain, Folks,

Grantland, Grimes. Hamilton of the 14th, Hamilton of tile 21st, Harrison, Hawkins,
HHoelca~d111be, Howell, Lumpkin,
i\'IcD<tmel, ,\oic; Leocl,

Perry, Preston, Russell, Simmons, Speer, Sr.aten,
1:-\tPphens, Tison ,,f the 10th,
Tl'llntmau, WTuerllnbeor~n, Mit. PltESIDENT.]

The journal was read and approved.

Leave of absence \\as granted ;Vfessrs. Hudson and

Holton for to-d.ty, and to the Seer etary of the Senate until

\Vednesday next.

The following message was received from the House of

Representatives, through 1\lr. Goetc~1ius, the Clerk ther..:of:

JVlr. Presidellt:

The House of Representatives has p:tssed the follow-

ing bills, to-wit :

A bill "To be entitled an act allowing persons at inter-

est to be made parties plaintiff in cases when a chose in

action in suit is assigned as any part of a twelve months'

support in the manner that representatives of estates are

now made parties."

Also a bill "To be entitled an act to repeal an act en-

tied an act to make and constitute the sheriff of Cobb

county ex-officio tax collector of said county, and for other

purposes, approved February 2-:lth, 1876."

Also a bill 'To be entitled an act "To amend paragraph

4S68 of the Code of 1873, in regard to illegal voting, by changing the penalty for the same, and for other purposes."

Also a bill "To incorporate the Hutchinson Island Canal

Company, of Chatham county."

Also a bill ''To be entitled an act to amend section

4373 of the. revised Code of Georgia of 1873, so as to

make the wife a competent witness in cases ofabandonment."

SEPTEMBER I, 1_879
Also bill "To be entitled an act to withdraw all rigths, etc., heretofore granted to the Arnett Bridge Company, at Bainbridge, Georgia."
Also a bill "To be entitled an act to repeal an act for the relief of Elizabeth Turne'", assented to February 28th, I8J8."
Also a bill "To be entitled an act to authorize the mayor and alderman of the city of Savannah to bu,ild an aqueduct from said city. to such point as they may select on the Savannah river, and for other purposes."
Also a bill "To be entitled an act for the relief of Benjamin F. Mathews, of the county of Chattahoochee."
Also a bill "To be entitled an act to establish the original rates of toll for crossing the bridge across the Chattahoochee river, at the town of Fort Gaines."
Also a bill "To be entitled an act to authorize the corporation of the city of Bainbridge to levy a tax for the purpose of establishing and maintaining public schools in and for the municipality of Bainbridge, under and in conformity to section 3, article 8, of the Constiution of Georgia."
A bill "To be entitled an act to create and organize a board of commissioners of roads and revenues, for the county of Fulton, to define their powers, and for other purposes. "
Also a l:iill "To be entitled an act to prescribe penalties against defaulting jurors."
Also a bill "To be entitled an act appropriating money to pay Owen Smith's claim against the ::itate for services rendered."
Also a bill "To be entitled an act to consolidate, amend and supersede the several acts incorporating the town of Senoia, 111 the county of Coweta ; to repeal conflicting laws ; provide for a mayor and council; prescribe their powers and duties, and for other purposes."
Also a bill "To be entitled an act to establish a City
20

JouRNAL oF THE SENATE
Court in the county of Clarke, and to provide for the appointment of a judge and solicitor thereof."
Also a bill ''To be entitled an act to incorporate the town of Bellton, in the counties of Hall and Banks, and for other purposes."
On the call of the roll for the introduction of new matter, Mr. Russell introduced-
A bill "To declare void all deeds derived from the sale of any wild land, under and by virtue of any of the State's
wild land .ft. fas. transferred to other persons, and to
withdraw from all the courts of this State power and jurisdiction to enforce any law of limitations or pre-occupation in favor of the same."
This bill was read the first time and referred to the Committee on the Judiciary.
Mr. Russell also introduced the following bill, which was read the first time and referred to the Committee on Finance, to-wit :
A bill "To regulate and fix the compensation for receiving tax returns and collecting tax, where, by law, both the offices of tax receiver and tax collector are consolidated."
The following bills of the House of Representatives were read the first time and referred to the Cotmittee on the Judiciary, to-wit:
A bill "To amend section 4373 of the revised Code of Georgia, of 1873, so as to make the wife a competent witness in cases of abandonment."
A bill "fo establish a City Court in the county of Clarke, and to provide for the appointment of a judge and solicitor thereof."
A bill "To amend paragraph 4568 of the Code of 1873, in regard to illegal voting, by changing the penalty for the same, and for other purposes."
A bill ''To allow persons of interest to be made parties plaintiff in cases when a chos~: in action in suit is assign-

SEPTEMBER I, . 1879
ed as any part of a twelve months' support, in the manner that representatives of estates are now made parties."
A bill "To real an act for relief of Elizabeth Turner, assented to February 28th, 1876," and
A bill ''To prescribe penalties against defaulting jurors." The following bills of the House of Representatives were read the first time and referred to the Committee on Local and Special Rills, to-wit : A bill ''To consolidate, amend and supersede the several acts incorporating the town of Senoia, in the county of Coweta ; to repeal conflicting laws ; provide for a mayor and council; prescribe their powers and duties, and for other purposes." A bill ''To establish the original rates of toll for crossing the bridge across the Chattahoochee river, at the town of Fort Gaines." A bill "To withdraw all rights, etc., heretofore granted to the Arnett Bridge Company, at Bainbridge, Georgia." A bill ''To incorporate the Hutchinson Island Canal Company, of Chatham county," and A bill "To authorize the mayor and aldermen of the city of Savannah to build an aqueduct from said city to such point as they may select on the Savannah river, 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' 'Appropriating money to pay Owen Smith's claim against the State for services rendered." A bill "For the relief of Benjamin F. Mathews, of the county of Chattahoochee." A bill "To repeal an act entitled an act to make and constitute the sheriff of Cobb county ex-officio tax collectors oi said county, and for other purposes, approved February 28th, 1~76," and A bill "To create and organize a board of commission-

joS

JouRNAL OF THE SENATE

ers of road<> and revenue for the county of Fulton, to define . their powers, and for other purposes."
The following bill of the House of Representatives was read the first time, and referred to the Committee on Education, to-wit :
A bill "To authorize the city of BJ.inbridge to levy a tax for the purpose of establishing and maintaining public schoois in said city, and for other purposes."
The foilowing bill of the House of Representatives was read the first tim a. and referred to the Committee on Corporation;;, to-wit:
A bill "To incorporate the town of Bellton, in the coun. ties of Hall and Banks, and for other purposes."
The following bills of the s~nate were read the second time, and passed to a third reading, to-wit:
A bill "To regulate offi::ial advertising in this State, and to protect persons and parties interested. therein, and for other purposes," and
A bill "In relation to jail fees in cases of trover." The following message was received from the Ho~se of H.epre:;entative3, thro~6h :vir. Goetchius, the Clerk thereof: Mr. President: The H.J~Se of Repcesentatives hJ.s p3.ssed the following bill by the requisite constitutional majority, and I am directed to transmit the same forthwith to the Senate, towit: A bill ''To be entitled an act to provide for the suspension of the Treasurer or Comptroller-General of the State from the discharge of the duties of their offices, in certain cases, and also for the appointment of suitable persons to discharge the duties of the same." Mr. DuBose offered the followin~ privileged resolution, which was read and agreed to, to-wit: "Resolved, That the Hon. George T. Barnes, of the county of Richmond, be invited to a seat on the floor of the Senate during his stay in this city."

SEPTEMBER I, I879
Mr. Holcombe offered a resolution in relation to the hours of meeting and adjournment of the Senate, which was read and ordered to lie over, under the rules, for one day.
Mr. McDaniel offered the following resolution, which was, on motion, taken up, read and agreed to:
''Resolved, That the reporter for the High Court of Impeachment, in addition to a report of the testimony, shall report the entire proceedings of the trial of W. L. Goldsmith, Comptroller-General."
The Senate took a recess for fifteen minutes, and was called to order at the expiration of that period.
At the hour of I I o'clock, a. m., the President announced: "The time for the purpose having arrived, the Senate will now, according to order, resume its session as a Court of Impeachment," and yielded the chair to the Chief Justice.
The High Court of Impeachment having adjourned, the President resumed the chair and announced:' 'The Senate is now in session for legislative purposes."
Under a suspension of the rules, Mr. Speer introduced the following bill, which was read the first time and referred to the Committee on the Lunatic Asylum, to-wit:
A bill "To relieve the State Lumtic Asylum." Under a further suspension of the rules, the following bill of the House of Representatives was taken up, read and referred to the Judiciary Committee, to-wit: A bill "To provide for the suspension of the Treasurer or Comptroller-General of the State from the discharge of the duties of their offices, in certain cases, and also for the appointment of suitable persons to discharge the duties of the same." On motion of Mr. Russell, the rules were suspended, when the Senate took up for consideration the report of the Committee on Conference on the bill of the House of Representatives "To exempt fromjury duty ministers of

3 IO

jOURNAL OF THE SENATE

the gospel, physicians, apothecaries, school teachers, millers, ferrymen, certain railroad employes, all male persons over sixty years old, and all telegraph operators."

After discussion of the motion to adopt the report of said Conference Committee, as spread in full on the journal

of August 28th, Mr. DuBose called for the previous question. The call was sustained, and the main question was

put, viz: ''Shall the report be adopted ?''

On this question the ayes and nays were required to be

recorded.

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

Bower, Bryan. Cabaniss, Clifton,
Cumming, Duncan,

Fain, Grantland, Grimes, Harrison,
Hodges, Howell,

Preston,
Hnssell, Simmons, Stephens, Tison of the lOth.

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

Boyd, Candler, Clements of the 44th,
DuBose, Folks, Hamilton of the 21st, Hawkins,

Head, Holcombe, Lumpkin,
McDaniel, McLeod, Perry,

Speer, Staten, Troutman , Tnrner, Wellborn,
MR. PRESIDENT.

Ayes, 17. Nays, 19.

So the report was not adopted.

Mr. Preston offered the following privileged resolution,

which was taken up and read, to-wit: '' Resohed by the Smate, That one hundred copies of the
defense this day filed by W. L. Goldsmith, ComptrollerGeneral, to the rartices of impeachment preferred against him, be printed for the use:of the Senate during this trial."
Pending discussion on the same, the Senate, on motion, adjourned until 9~ o'clock, a. m., tomorrow.

SEPTEMBER 2, 1879.

311

m.} SENATE CHAMBER,
Tuesday, September 2, 1879, 9Yz o'clock, a.

The Senate met pursuant to adjournment, the President

in the chair. Prayer by the Chaplain. On the call of the roll, the following Senators answered

to their names, to-wit:

Boyd, B.,wer,
Bryan. Cabaniss, Candler, Casey, Clarkt1, Clements of the 44th, Clifton, Cumming Drake, DuBose, Duncan, Fain, Folks,

Grantland, Grimes, Hamill on of the 14th, Har11ilton of the 21st,
Harri~on,
Hawkins, Head, Hnrlgf's, Holcombe, Holton,
HHuotilYs'e'l~l
Lumpkin, McDaniel,

McLeod, Perry, Preston, Russell, Simmons, Speer, Staten. Stephens, Tisun of the 4th, Tison of the lOth. Troutman, Tutn.,r, Wdlborn,
l\lR. PRESIDENT.

The Journal was read and approved. The Senate resumed the consideration of the unfinished

business ot yesterday, to-wit:

A resolution ordering that one hundred copies of the defense of Washington L. Goldsmith, Comptroller-General, to the articles of impeachment pre1erred against him, be

printed for the use of the Senate c\uring said trial.

On the question of agreeing tt) this resolution, the ayes and nays were ordered to be recorded.

Those who voted in the affirmative are, towit-Messrs.

Boyd, Bower, Bryan, Candler, Clisey, Clifton,
Drake,

Duncan, l<'olks, Grimes Hamiltbn of the 14th, Head, Hodges,
Howell,

Hudson. .1\TcDaniel, Pre'lton Hnssen,'
Statt n, Turner.

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

Clarke, Clements, Cumming, DuBose, Fain,

Harrison, Hawkins, H n l c o m be, Holton, Lumpkin,

Simmons, Speer.
Slepbens, Tison of the lOth, Troutman,

312

jOURNAL OF THE SENATE

Grantland,

McLeod,

Hamilton of the 21st, Perry,

Ayes, 20. Nays, 21.

Wellborn,
}!R. PRESIDENT.

So the resolution was not adopted.

The Senate took up for consideration the following resolution, offered on yesterday by Mr. Holcombe, to-wit: ''Resolved, That on and after Wednesday next, 3d instant, the hour of meeting ot' the Senate will be 9 o'clock, a. m., each day, and adjourn on motion."
On the question of agreeing to the same, the ayes and nays were required to be recorded.

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

Bower, CasPy. Clarke,
Clements of the 44th, Clifton, Drake, Duncan,
Fain, Folks, Harrison,

Hawkins, Hodges, Holcombe, Holton.
Hndson, Lumpkin,
l\lcDaniel, :McLeOLl, Preston,

Rnssell, Simmons, 81wer, Staten, 8tepheus, TroUiman, Turner, Wellborn,
MR.. PRESIDENT.

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

Boyd, Bryan, Candler, Cumming, DuBose,

Grantland,

Head,

Grimes,

Howell,

Hamiltfln of the 14th, Perry,

Hamiltol!l. of the 21st, Tison of the lOth.

Ayes, 28. Nays, 13.

So the resolution was agreed to.

Mr. McDaniel, chairman of the Judiciary Committee,

and Mr. Clements of the 44th, chairman of the Commit-

tee on Local and Special Bills, made reports on certain

bills of the House of Representatives.

On motion of Mr. Hudson, chairman of the Committee

on Education, Mr. Cumming was added to said committee.

On motion of Mr. Stephens, the Senate took up, as the

report of the Committee of the Whole, the bill "To

regulate the publication and sale of the Supreme Court

reports, and to fix the salary of the Reporter."

This bill was referred to the Committee on the Judiciary,

SEPTEMBER 2, 1879

JIJ

by whom a majority report, in favor, and a minority report adverse to its passage, were made, the majority of the committee recommending the following amendments, which were severally agreed to, to-wit:
Amend section 2d by adding "Provided, that arguments of counsel s~all not be published in such reports."
Arr11:-nd section 3d by adding "And the printing, paper and binding shall be similar in style to that now used in the publication of said reports."
Amend section 4th by adding ''Provided, that until six months from the issuance of any volume, the Librarian shall sell only one copy thereof to the same purchaser ; and, provided further, that after the expiration of such period, the Librarian, under the direction of the judges of the Supreme Court, may exchange such copies as are not likely to be sold, for reports of the highest courts of other States, or such other law books as said judges may select, and upon such terms as they may direct."
Amend section 4th, further, as follows : Insert after the word "published," the following words : ''Which shall, in no case, be less than one thousand copies."
Amend by adding the following as section 7th : 'That this act shall not go into effect until after the present term of the present incumbent of the office shall have expired."
Amend further, by changing the section numbered 7,
in the original bill, to section number 8. The report, as amended, was agreed to. The bill was read the third time, and, on the question
of its passage, as amended, the ayes and nays were required to be recorded.
Pending the call and the discussion of the bill, as amended, the following message was received from His Excellency, the Governor, through Mr. Avery, his Secre-
tary, to-wit : '

jOURNAL OF THE SENATE
Mr. President: His Excellency, the Governor, has approved and signed
the following acts, to-wit :
An act to amend an act ''Carrying into effect paragraph 2, section 18, article 6, of the Constitutiq_n of 1877, and for other purposes."
The hour of 1 1 o'clock, a. m., having arri~ed, pending the call of the ayes and nays on the propoSitiOn last stated, the President announced: ''The hour for such purpose having arrived, the Senate will now, according to order, resume its session as a Court of Impeachment," and yielded the chair to the Chief Justice.
At the close of the session of the Court of Impeachment, the President resumed the chair and announced: "The Senate is now in session for legislative purposes."
The following message was received from the House of Representatives, through Mr. Geotchius, the Clerk thereof: Jfr. President:
The House of Representative~ has concurred in the Senate amendments to the following House bills, to-wit:
A bill ''To be entitled an act to establish a new charter for the city of Atlanta, approved February 28th, r874, and the several acts amendatory thereof, in so far as to authorize the levy and collection of a business tax, and to fix the time for opening and closing the tax books of said city."
Also a bill ''To incorpate the Georgia Branch of the National Bdl Telephone Company, and for other purposes."
Also a bill "To amend an act to incorporate the town of Thomson, so far as reiates to increase of tax on spirituous liquors."
Also a bill "To be entitled an act to amend the charter of the Cherokee Iron Company."
The House of Representatives has also adopted the report of the Conference Committe, and receded from its

SEPTEMBER 2, 1879

315

disagreement to Senate amendment to the following House

bill, to-wit:

A bill "To be entitled an act to repeal sections 4387 and

4388 of the Code of 1873, and to prescribe the punishment

for burglary."

The Senate resumed consideration of the unfinished bus

iness of the morning, the call for the ayes and nays on

the bill, as amended, ''To regulate the publication and sale

of the Supreme Court Reports, and to fix the salary of the

Reporter," pending.

Mr. Hodges moved to postpone further action on the

bill until to-morrow morning, immediately after the reading

of the journal.

This motion did not prevail.

Mr. Cabaniss called for the ''previous question." The

call was sustained, and the' 'main question" was put, to-wit:

Shall the bill, as amended, now pass?

The ayes and nays were ordered to be recorded thereon.

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

Bower, Bryan, Candler, Casey, Clarke,
Clements, Clifton, Drake,
Duncan, Fain,

Folks, Grantland, Harrison, Head, Hodges,
Holcombe, Holton. H udsnn,
Pr~ston,
Russell,

Shnmc.ns, Speer, Statt>n, 8tephens, Tison of the 4th, Troutman, Turner, Well horn;
MR. PrtESIDE:NT.

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

Boyd, Cabaniss, Cumming, DuBose, Grimes,
Ayes, 29.

Hamilton of the 14:h, Hamilton of the 21st, Hawkins, Howell, Lumpkin,
Nays, q.

..\IcDaniel, McLeod, Pf'rry,
Tison of the 10th.

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

Mr. Howell offered the following resolution, which, on

his motion, was taken up, read and agreed to, to-\Vit :

"Resolved,. That the Secretary of the Senate forthwith

316

jOURNAL OF THE SENATE

notify the House of Representatives of the Senate's action on the report of the Conference Committee on the bill 'To provide for certain exemptions from jury duty.'"
"Resolved, further, That the House be requested to ap point a new committee of three, to meet a similar com mittee from the Senate, to confer in regard to the further action of the General Assembly on said bill."
Under the foregoing resolutions, the President appointed, as the committee on the part of the Senate, Messrs. Harrison, Holton and Russell.
The following bills of the House of Kepresentatives were read the second time and passed to a third reading, to-wit:
A bill "To repeal an act entitled an act to provide for the registration of electors in the counties of Thomas, Lowndes, Decatur, Mitchell and Camden, and to prevent
illegal voting in the same, approved February 23d, 1875, so far as the county of Mitchell is concerned."
A bill 'To prevent the destruction of game in the county of Jones, in this State, and tor other purposes."
A bill "To authorize the mayor and aldermen of t_he city of Savannah to build an aqueduct from said city to such point as they may select, on the Savannah river, and for other purposes."
A bill "To withdraw a11 rights, etc., heretofore granted to the Arnett Bridge Company, at Bainbridge, Georgia."
A bill "To authorize the mayor and council of the city of Athens to use the money paid by the Southern Mutual Insurance Company, of Athens, Ga., as taxes on gross premiums for the year 1879, for the purpose of building cisterns in the city of Athens."
A bill "To change the time of holding the Superior Courts in the county of Houston, and for other purposes,''
and A bill "To authorize the county of Dougherty, by its
county commissioners, to issue bonds of said county fc;>t

SEPTEMBER 3, 1879.

317

$30,000, for the purchase of the bridge acro.>s Flint river, at Albany," etc.
Mr. Casey, chairman of the C:ommittee on the Lunatic Asylum, made a report, which was read, on the bill of the Senate "To relieve the Lunatic Asvlum." The bill was, on motion, taked up and read the second time and passed to a third reading.
The following bills of the Senate were read the second time and passed to a third reading, to-wit:
A bill "To fix the time for holding the fall terms of the Superior Courts in the counties of Union and Towns, and for other purposes," and
A bill ''To define and regulate jurisdiction of county and other inferior courts. in certain cases, and for other purposes."
The Senate, on motion, adjourned until 9 o'clock, a. m., to-morrow.

SENATE CHAMBER, } Wednesday, September 3, 1879, 9 o'clock, a. m.

The Senate met pursuant to adjournment, the President

in the chair.

Prayer by the Chaplain.

On the call of the roll, the following Senators answered

to their names, to-wit :

Boyd, Bower,
Bryan, CabaniRs, Candler, Casey, Clarke,
Clemeuts, Clifton, Cumming, J1rake, DuBose,
Duncan, Fain, Folks,

Grantland, Grin1es,
Hamilton nf the 14th, Hamilton of the 21st, Harrison, Hawkins, Head,
Hndges, Holcombe, Holton, Howell,
flud~on,
Lumpkin, McDaniel,

McL8od, Perry, Preston, Hus<ell, Simmons, Speer, Staten,
Stephen~,
Tison of the 4th, Tison of the lOth, Troutman, Turner, Wellborn,
MR. PRKBlDKN'l'.

The journal was read and approved.

JouRNAL OF THE SENATE
Mr. Holton offt:red the following privileged resolution, which was taken up, read and agreed to, to-wit:
"Resolved, That William Clifton, of the city of Savannah, be invited to a seat on the floor of the Senate during . his stay in this city."
Mr. McDaniel, chairman of the Committee on the Judiciary, made a report on certain bills of the House, which was read.
Mr. Candler,. chairman pro tem. of the Committee on Finance, made a report on certain bills of the House, which was read.
Mr. Cumming, chairman of the Committee on the State of the Republic, made a report on certain joint resolutions, which was read.
Mr. Clarke, chairman of the Committee on Corporations, made a report on a certain bill of the House of Representatives, which report was read.
The following bills of the House of Representatives were read the second time and passed to a third reading, to-wit:
A bill "To make it a high misdemeanor, and punishable as prescribed therein, for any official or clerk, or employe of any official, to influence, or attempt to influence, the Governor, or the head of any or either of the departments of this State," etc.
A bill "To amend section 4373 of the revised Code of 1873, so as to make the wife a competent witness in cases of abandonment."
A bill "To authorize the ordinary of Milton county, Georgia, to borrow money for the purpose of paying for the building of a court house in said county, and to provide for the payment of said borrowed money."
A bill to provide one commissioner of roads and revenue in the county of Forsyth, and to prescribe his powers and duties."
A bill "To repeal an act entitled an act to make and

SEPTEMBER 3, 1879
constitute the sheriff of Cobb county ex-officio tax collector of said county, and for other purposes, approved February 28th, 1876.".
A bill "Appropriating money to pay Owen Smith's claim against the State for services rendered." .
A bill "Appropriating money to pay the expenses of the Special Joint Wild Land Committee, appointed at the present session."
A bill ''To authorize the Board of Commissioners of Decatur county, to issue bonds for the purpose of building a bridge over Flint river, near Bainbridge, and for other purposes."
A bill ''To prohibit ordinaries, county commissioners of roads and revenues, tax collectors, sheriffs, clerks or treasurers from buying up, at a discount, or in any manner speculating in county orders, jury scrips, and to prescribe a penalty for any violation of this act."
A bill ''To create a board of commissioners of roads and revenue for the county of Putnam, and to define their powers and duties."
A bill "To authorize the ordinary of Clarke county, to issue four per cent. bonds, to substitute for county bonds now outstanding."
A bill "To amend the law in relation to 'court contracts,' as contained in sections 2758 to 2772, inclusive, of the revised Code of I 873, so as to confer upon the courts of ordinary, in such counties as have no:county courts, the power and jurisdiction to file, enforce and determine 'court contracts,' and for other purposes."
A bill ''To authorize the ordinary of Fulton county to enter into a contract with the owner of the 'Abstract of Title,' of Fulton county, to furnish said 'abstract book,' and keep up the same for the benefit of the people of said county."
A bill "Allowing person'> at interest to be made parties plaintiff in cases where a chose in action, in suit, is assigned

320

JouRNAL OF THE SENATE

as any part of a twelve months' support, in the manner that representatives of estates are now made parties," and
A bill "To establish a city court in the county of Clarke, and to provide for the appointment of a judge and solicitor thereof."
The following bills of the House of Representatives reported upon adversely, were taken L1p, the reports thereon were severally agreed to, and the bills were, therefore, lost, to-wit:
A bill ''To reduce certain larcenies after trusts to a misdemeanor, where the conversion is less than fifty dollars."
A bill "To amend an act entitled an act to provide a penalty for escapes from the chain-gang, and for other purposes, approved February 13, 1876, so as to change the punishment prescribed by said act."
A bill "To amend paragraph 4568 of the Code of 1873, in regard to illegal voting, by changing the penalty for the same, and for other purposes."
A bill "To prc:scribe penalties against defaulting jurors," and
A bill "To amend paragraph 4569 of the Code of 1873, in reference to buying or selling votes, and changing the penalty for the same."
Mr. Russell, chairman of the Committee on Enrollment, submitted the following report: Mr. President :
The Committee on Enrollment report as duly enrolled, signed by the Sp~aker of the House of Representatives, and ready for the signature of the President of the Senate, the following acts, to-wit:
An act 'To alter and amend section 28 of the school law of August 2J, 1872, and to carry into effect, as to the past, the concluding- words of that section."
Also an act ''To amend an act to establish a new charter for the city of Atlanta, approved February 28, 1874, and the several acts amendatory thereof, in so far as to author-

SEPTEMBER 3, I 879.

321

ize the mayor and general council of said city to levy and collect a business tax, as therein provided, and for other purposes."

Also an act ''To incorporate the Georgia Branch of the National Bell Telephone Company, and for other purposes."

Also an act ''To incorporate the Brunswick and St. Simons Telegraph Company, and for other purposes."

Also an act "To amend an act to incorporate the town of Thomson, in the county of Columbia, now McDuffie, approved December 16, 1859, so far as relates to increase of the tax on sale of spirituous liquors, and for other purposes."

Also an act "To amend the charter of the Cherokee Iron Company, so as to authorize said company to build and operate a railroad from Cedartown, Georgia, to the Selma, Rome and Dalton Railroad, and for other purposes."

Also 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."
D. A. RussELL, Chaitman.

Mr. Speer offered a resolution declaratory of the intent of the Senate in authorizing the stenographic report of the proceedings in the case of impeachment pending.

The same was, on motion, taken up and read.

Mr. McDaniel moved that the resolution be laid on the table for the present, and on this proposition the ayes and nays were required to be recorded.

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

Boyd, Bower, Cabaniss, Clarke,
Cumming,

Folks, Grantland, Grimes, Hamilton of the 14th,
Hudson,

Lumpkin, McDaniel, Preston, Stephens
Tison of'the 4th.

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

21

] OURNAL OF THE SENATE

Bryan, Candler, Casey, Clements, Clifton, Drake, DttBose, Duncan,
Fain,

Hamilton of the 21st, Harrison, Hawkins, Head, Hodges, Holcombe, Holton, .Me Leod,
Perry,

Russell, Sinmons, Speer, Staten,
Tison of the 10th, Troutman, Turner, Wellborn.

Ayes, 15. Nays, 26.

So the motion to lay on the table did not prevailed.

Mr. Cumming moved to amend the resolution by strik-

ing therefrom the word "published."

Mr. Wellborn moved to amend the motion of Mr. Cum-

ming by filling the blank created by striking out the word

"published," with the words "official report of."

Mr. Clarke moved to amend by striking out the words

"or any question of law applicable thereto."

Pending action on the several proposed amendments,

the entire subject matter was, on motion of Mr. Hudson,

amended, and, on motion of Mr. Cumming, referred to the

Committee on Rules of Procedure, with instructions to

report thereon before the hour of I I o'clock, a. m., this

day. Mr. Hodges offered the following resolution, which was

taken up and agreed to, to-wit:

"Resolved, That Hon. George N. Nethuland be ten.

dered a seat in the Senate Chamber during his stay in this

city."

The joint resolution from the House of Representatives

"Authorizing the State Treasurer to pay interest due:! on

certain bonds of this State, therein mentioned," was read

the second time and passed to a third reading.

The Senate took up the report ot the committee on the

joint resolution "To memorialize Congress for the repeal

or modification of all laws of the United States imposing

taxes on tobacco and distilled spirits, and requiring license

for the manufacture or sale of the same, and requiring

stamps," etc.

. SE.M'EMBER 3, 1879.
The report was agreed to, and the resolution adopted. The. Senate took up the report of the committee on a a joint resolution "Regarding the Barge line from mouth of St. Mary's river to the Mississippi river." The report was agreed to, and the resotution adopted. The Committee on Rules of Procedure in the impeachment trial pending, to whom was referred a resolution offered by Mr. Speer, with instructions to report thereon before the h0ur of I 1 o'clock, a. m., this day, submitted the following resolution as a substitute for the original, to-wit: " Resolved, That the committee iustructed to employ a stenographic reporter to report the proceedings in the trial of the impeachment of W. L. Goldsmith, Comptroller-General, be now instructed to have omitted from the report, so to be made, at the public expense, all speeches of the managers, counsel and Senators." The substitute reported was adopted. The resolution, as dmended, was agreed to. The Senate took up, as the report of the Committee of the \Vhole, the recoll,;idered bill "To make it unlawful to kill wild deer under certain circumstances," etc. The Committee on the Judiciary, to whom this bill was referred, reported in favor of its passage, with the following amendments, to-wit: Amend the caption by inserting after the word ''deer" the words "and wild turkeys." Also amend section 1st by inserting after the word "deer" therein, in the 6th line, the words ''or wild turkeys." On motion of Mr. Hodges, the report of the Judiciary Committee was so amended by striking therefrom the foregoing proposed amendments. On motion of Mr. Holton, the report was further amended by adding to the bill the following, as a proviso, to-wit: '' Pr.ovided, That nothing herein contained shall be so construed as to prevent the person injured from shooting such animals in their fields, when such animals are depredating upon growing.crops."

JOURNAL OF THE SENATE
The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 32; nays, 2. The Senate took up, as the report of the Committee of the Whole, the bill of the House of Representatives "To withdraw all rights, etc., heretofore granted to the Arnett Bridge Company, at Bainbridge, Georgia." [Mr. Russell presented to the Senate satisfactory evidences ofcompliance with the requirements ofthe Constitution and laws of this State, in relation to notice of intention to apply to the General Assembly for the passage of this biil.] The report was agreed to. The bill was read the third time and passed, by a constitutional majority, there being ayes, 32; nays,6. The Senate took up, as the report of the Committee of the Whole, the bill of the House of Representatives ''To authorize the mayor and council of the city of Athens to use the money paid by the Southern Mutual Insurance Company, of Athens, Georgia, as taxes on gross premiums for the year 1879, for the purpose of building cisterns in the city of Athens." The report was agreed to. The bill was read the third time and passed, by a constitutional majority, there being ayes, 26; nays, o. The Senate took up, as the report of the Committee of the \Nhole, the bill of the House of Representatives "To repeal an act to provide for the registration of electors in the counties of Thomas, Lowndes, Decatur, Mitchell and Camden, and to prevent illegal voting in the same, ap proved February 23d, 1875, so far as the county of Mitchell is concerned." The report was agreed to. The bill was read the third time and passed, by a constitutional majority, there being ayes, 32 ; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill of the House of Representatives "To

SEPTEMBER 3, 1879

325

authorize the mayor and aldermen of the city of Savannah to build an aqueduct from said city to such point as they may select on the Savannah river, and for other purposes."
The report was agreed to. The bill was read the third time and passed, by a constitutional majority, there being ayes, 32 ; nays, o. The bill of the House of the Representatives ''To prevent the destruction of game in the county of Jones, in this State, and for other purpo"es," was, on motion, laid upon the table for the present. At I I o'clock, a. m., the President announced : "The hour for such purpose having arrived, the Senate will, according to order, resume its session as a Court of Impeachment," and yielded the chair to the Chief Justice.
At the conclusion of the session of the Court of Impeachment, the President resumed the chair and announced: ''The Senate is now in session for legislative purposes.
Whereupon, on motion, the Senate adjourned until 3~ o'clock, p. m., this day.
3~ o'CLOCK, P. M.
The Senate met pursuant to adjournment, the President in the chair.
The President announced: ''The time for such purpose having arrived, the Senate will resume its session, according to order, as a Court of Impeachment," and yielded the chair to the Chief.
At the eonclusion of the session of the Court of Im- peachment the President resumed the chair and adnouneed, ''The Senate is now in session for legislative purposes."
Whereupon the Senate, on motion, adjourned until 9 o'clock, a. m., to-morrow.

JOURNAL OP THR SENATE

SENATE CHAMBER

}

Thursday, September 4th, 1879, 9 o'clock,' a. m.

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

Prayer by the Chaplain.

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

Boyd, Bower, Bryan, Cabaniss, Candler, Casey, Clarke, Clements, Clifton, Cumming, Dmke,
DuBo~e,
Duncan,
Fain, Folks,

Grantland, Grimes, Hamilton of the 14th,
Hamil ton of the 21st, Harrison, Hawkins Head, '
Hodges, Holcombe, holton,
Howell, Hudson, Lumpkin,
McDaniel,

McLeod, Perry, Preston Russell.'
~itnmons,
Speer, Staten, Stephens,
Tison of the 4th, Ti~on of the lOth, Troutman, TWeulrlnbeor~n,
MR. PRESIDENT.

The journal was read and approved.

Mr. Cumming moved a reconsideration ot so much of the journal of yesterday as relates to the passage of the bill of the House of Representatives ''To withdraw all rights, etc., heretofore granted to the Arnett Bridge Company, at Bainbridge, Georgia."
Mr. DuBose moved for 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, by which the bill of the House "To reduce

certain larcenies after trm:ts to a misdemeanor, where the conversion is less than fifty dollars," was lost.
Mr. Preston moved a reconsideration of so much of the journal of yesterday as relates to the action of the Senate on the resolution excluding the speeches of the counsel, the managers and Senators, from the stenographic report of the proceedings in the impeachment trial now pending,
The journal of legislative proceedings having been read, the President annonnced : ''The hour for such purpose

SEPTEMBER 4. 1879
having arrived, the Senate will, according to order, resume its session as a Court of Impeachment," and yielded the chair to the Chief Justice.
At the conclusion of the session of the Court of Impeachment, the President resumed the chair, and announced: ''The Senate is now in session for legislative . pnrposes."
The following message was received from His Excel Ieney, the Governor, through Mr. Avery, his Secretary, to-wit: Mr. President:
His Excellency, the Governor, has approved and signed the following act, to-wit :
An act "To authorize the lease or sale of the Macon and Brunswick Railroad, and to confer certain chartered powers and privileges npon the lessees of said road; to build extension of the same from Macon to Atlanta, from Brunswick to the Florida line, and from Hawkinsville or Eastman to Americus, and to appoint commissioners to run the same, and prescribe their powers and duties, and for other purposes.
The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof: Mr. President:
The House of Representatives has concurred in the following Senate resolution, to-wit:
A resolution for the removal of the books of the State Library.
The House has passed the following bill, to-wit: A bill "To be entitled an act to amend and supersede the several acts incorporating the town of Carrollton, and to grant certain privileges to the same, approved August 2oth, 1872," and I am instructed to transmit the same to the Senate immediately. Also the following bills, which I am instructed to transmit immediately to the Senate, to-wit:

328

JouRNAL OF THE SENATE

A bill "To be entitled an act to review and carry out the true intent and meaning of the third section of an act approved December 22, I 857, entitled an act to lay out and organize the county of Wilcox, and to declare the duties of the county authorities, and the rights of the citizens of said county, relative to locating the county site of \Nilcox county, and for other purposes."

Also a bill "To be entitled an act to allow the Board of Commissioners of Newton county to assess an additional tax over and above the amount now allowed by law, for the year 1879, and so much thereafter, as the board may think proper, to pay the indebtedness of the county."

The motion to reconsider, submitted by Mr. Cumming, was taken up for consideration.

On this proposition, Mr. Lumpkin called for the ''pre-

vious question," which was sustained.

The "main question" was put, to-wit: ''Shall the bill be

reconsidered?"

On this question the ayes and nays were required to be

recorded.

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

Cabaniss, Cumming, DuBose, Duncan, Grantland,

Grimes. Hudson, Lumpkin,
McDani~l,
McLeod,

Perry, Preston,
Tison of the lOth,
Turner.

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

Boyd, Bower, Bryan, Candler. Casey, Clements. Clifton, Drake, Fain,
Ayes, 14.

Folks,

Russell,

Hamilton of the 14th, Simmons,

Hamilton of the 21st, Staten,

Hawkins,

Stephens,

Head,

Tison of the 4th,

HodgEs,

Troutman,

Holcomb!',

Wellborn,

Holton,

MR. PRESIDENT.

Howell,

Nays, 25.

So the motion to reconsider did not prevail. The Senate, on motion, adjourned until 3~ o'clock, p.

m., this day.

s. SEPTEMBER

1879

3~ O'CLOCK, P. M.
The Senate met pursuant to adjournment, the President in the chair.
The President announced: "The time for such purpose having arrived, the Senate will, according to order, resume its session as a Court of Impeachment," and yielded the chair to the Chief Justice.
At the conclusion of the session of the High Court of Impeachment, the President resumed the chair and announced: ''The Senate is now in session for legislative purposes." Whereupon the Senate, on motion, adjourned until 9 o'clock, a. m., to-morrow.

SENATE CHAMBER, } Fnday, September 5tlt, 1879, 9 o'clock, a. m. The Senate met pursuant to adjournment, the President in the chair.
Prayer by the Chaplain.
On the call of the roll, the following Sendtors answered to their names, to-wit:

Boyd, Bower, Bryan,
Cabaniss, Candler, Casey, <'Iarke,
Clements, Clifton,
Cumming, Drake, DuBose, Duncan, Fain. Folks,

Grantland, Grimes, Hamilton of the 14th, Hamilton of the 21st, Harrison, Hawkins. HPad,
Hod~es,
Holcmbe, Holton, Howell, Hudson, Lumpkin,
McDaniel,

McLeod, Perry, Preston, Rtlbsell,
Simmons, Speer, Staten, Stephens,
Tison of the 4th,
Tison of the lOth, Troutman, Turner,
Wellborn,
MR. PRESIDENT.

The journal was read and approved.

The motion of Mr. Preston, spread on the journal of yesterday, to reconsider the action of the Senate excluding the speeches of counsel, the managers and of Senators

330

JouRNAL OF THE SENATE

froin the stenographic reports of the impeachment trial,

pending, was taken up.

Mr. Speer moved to lay the motion to reconsider on the

table, and on this proposition required the ayes and nays

to be recorded

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

Boyd, Cabaniss, Drake, DuBose, Hamilton of the 21st,

Harrison, Hodges, Holcombe, Holton, Lumpkin,

Perry.
Spe~r,
Staten, Tison of the 4th, Wellborn.

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

Bower,
Bryan, Candler, Casey, Clarke, Ulements, Cumming, Dnncan,
Fain,

Folks,
Grantland, Grimes, Hawkins, Head, Howell, Hudson, McDaniel,

McLeod, Preston, Russell, Simmons, Stephens,
Tison of the lOth, Troutman, Turner.

Ayes, IS Nays, 24.

So the motion to lay the motion to reconsider on the

table did not prevail.

Mr. Hodges called for the "previous question," which

was sustained. The ''main question" was put, to-wit:

''Shall the resolution be reconsidered ?"

On this question Mr. Preston required the ayes and nays

to be recorded.

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

Boyd, Bower, Bryan, Candler,
Casey, Clarke,
Cumming, Duncan,

Folks,
Grantland, Grimes, Hamilton of the 14th,
Head, Howell, Hudson,

McD~tniel,
Preston,
Russell, Stephens, Tison of the 10th,
Troutman, Turner.

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

Cabaniss, Clements, Clifton, Drake, DuBoRe, Hamilton of the 21st,
HarrisoD,

H<twkins, Hodges, Holcombe, Holtn, Lumpkin, McLeod,
Perry,

Simmons,
Speer,
Staten, Tison of the 4th,
Wellborn, M&. PuESIDENT.

331
Ayes, 22. Nays, 20. So the motion to reconsider prevailed. On motion of Mr. Preston, the rules were suspended, and the resolution reconsidered this morning was taken up and referred to the Committee on Hules of Procedure, with instructions to report thereon at as early a period as practicable. The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof: Mr. President : The House of Representatives has agreed to a resolution respectfully requesting the Senate to return to the House of Representatives the following bill of the House, to-wit: A bill "To be entitled an act to incorporate the Athens Transfer Railroad Company." The House has also passed the following bill, to-wit : A bill ''To be entitled an act to fix the time for holding the Superior Court in the county of Clinch, and for other purposes." Leave of absence was granted Mr. Boyd for Monday and Tuesday next, on account of important business. Mr. Hudson offered the following privileged resolution, which was read and agreed to, to-wit: "Resolved, That General A. Austell be invited to a seat on the floor of the Senate." The Senate took up for consideration the motion to re~ consider, submitted yesterday by Mr. DuBose, to-wit: to reconsider the action of the Senate in agreeing to the report of the Judiciary Committee, which was adverse to the bill of the House of Representatives "To reduce certain larcenies after trusts to a misdemeanor, where the conversion is less than fifty dollars," the bill having been lost by the adoption of said report. The motion to reconsider did not prevail. At the hour of 10 o'clock, a.m., the President announced:

332

JouRNAL OF THE SENATE

" The time for the purpose having arrived, the Senate will, according to order, resume its session as a Court of Impeachment," and yielded the chair to the Chief Justice.
At the conclusion of the session of the High Court of Impeachment, the President resumed the chair and announced '' The Senate is now in session for legislative purposes," whereupon, on motion, the Senate adjourned until 3 o'clock and 25 minutes, p. m., this day.
3:25 O'CLOCK, P. M. The Senate met pursuant to adjournment, the President in the chair. Mr. Clarke, chairman of the Committee on Corporations, made a report on a certain :bill of the House, which was read. On motion of Mr. McDaniel, the rules were suspended, when the message from the House of Representatives, re ceived this day, requesting the return to that body a bill of the House "To incorporate the Athens Transfer Railroad Company," (said request being in the form of a resolution) was taken up and concurred in. At 3;% o'clock, p. m., the President announced: "The time for that purpose having arrived, the Senate will, according to order, resume its session as a Court of Impeachlflent," and yielded the chair to the Chief Justice, At the conclusion of the session of the Court of Im~ peachment, the President resumed chair and announced: ''The Senate is now in se.>sion for legislative purposes," whereupon, on motion, the Senate adjourned until 9 o'clock, a. m., to-morrow.

SENATE CHAMBER, } Saturday, September 6th, I 879, 9 o'clock, a. m.
The Senate met pursuant to adjournment, the President in the chair..

SEPTEMBER 6, 1879

333

Prayer by the Chaplain.

On the call of the roll, the following Senators answered

to their names, to-wit :

Boyd, Bower,
Bryan, 'Jabaniss, Candler, Casey, Clarke, Clements, Clifton,
Cumming, Drake, DuBose, Duncan,
Fam, Folks,

Grantland, Grimls, Hamilton of the 14th, Hamilton of the 21st, Harrison,
Hawkins, Head,
Hdg~s,
Holcombe, Holton, Howell,
Hudson, Lumpkin,
McDaniel,

McLeod, Perry, Preston, Russell, Simmons, Speer, Staten, Stephens, Tison of the 4th, Tison of the lOth, Troutman, Turner, Wellborn,
MR. PRESIDENT.

The journal was read and approved.

Leave of absence was granted Mr. Harrison, on account

of sickness.

The following bills of the House of Representatives

were read the first time and referred to the Committee on

Local and Special Bills, to-wit :

A bill ''To amend an act to consolidate, amend and su-

persede the several acts incorporating the town of Carrollton, in the county of Carroll, and to grant certain privi~

leges to the same, approved August 20th, 1872."

A bill "To review and carry out the true intent and

meaning of the 3d section of an act approved December

22d, 1857, entitled an act to lay out and organize the

county of \Vilcox, and to declare the duties of the county

authorities, and the rights of the citizens of said county,

relative to locating the county site of Wilcox county, and

for other purposes," and

A bill "To allow the board of commissioners of Newton

county to assess an additional tax over and above the

amount now allowed by law, for the year 1879, and for so

many years thereafter, as the board may think proper, to

pay the indebtedness of the county."

The bill of the House ''To fix the time for holding the

334

jOURNAL OF THE SENATE

Superior Courts in the county of Clinch, and for other purposes," was read the first time and referred to the Committee on the Judiciary."
The Senate took up, as the report of the Committee of the Whole, the bill of the House ''To create a board of commissioners of roads and revenues for the county of Putnam, and to define its powers and duties."
[Mr. Preston presented to the Senate satisfactory evidences that the requirements of the Constitution of this State, in relation to notice of intention to apply to the General Assembly for the passage of this bill, had been complied with.]
The report was agreed to. The bill was read the third time and passed, by a constitutional majority, there being ayes, 3 I ; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill of the House 'To prevent the destruction of game in the county of Jones, in this State, and for other purposes." [Satisfactory evidences were presented to the Senate by Mr. Hamilton of the 2 rst, that the requirements of the Constitution and laws of this State, in relation to notice of intention to apply to the General Assembly for the pass age of this bill, had been complied with.] The report was agreed to. The bill was read the third time and passed, by a constitutional majority, there.being ayes 3 2; nays, o. Mr. Russell, chairman of the Committee on Enrollment, submitted the following report : Mr. President: The Committee on Enrollment report as duly enrolled, and ready for the signature of the President of the Senate, the following resolution, to-wit: A resolution'' For removal of books of the State Library." The Senate took up, as the report of the Committee of the Whole, the bill of the House of Representatives ''To

SEPTEMBER 6, 1879

335

establish a City Court in the county of Clarke, and to p1...vide for the appointment of a judge and solicitor thereof."
[Mr. Lumpkin presented to the Senate ~atisfactory evidences of compliance with the requirements of the Constitution and laws of this State, in relation to notice of intention to apply to the General Assembly for the passage of this bill.]

The report was agreed to. The bill was read the third time and passed, by a constitutional majority, there being ayes, 31 ; nays, o. On motion of Mr. McDaniel, it was ordered that the last mentioned bill, and the bill in relation to the creation of a board of commissioners for Putnam county, be transmitted forthwith to the House of Representatives. The Senate took up, as the report of the Committee of the Whole, the bill of the House ''Appropriating money to pay Owen Smith's claim against the State for services rendered." The report 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, towit-Messrs.

Bower, Bryan, Cahaniss,
Candler, Casey, Clart.;e,
Ulements, Cumming, Drake, DuBose, Duncan, Fain, Folks,

Grantland, Grimes, Hamilton of the 14th,
Ham:Iton of the 21st, Hawkins, Head,
Hodges, Holcombe, Holton, Hudson, Lumpkin, McDaniel, McLeod,

Perry, Preston, Russell, Simmous, Speer, Staten, titephens, Tison of the 4th, Tison of the lO~h, Trout.man, Turner,
MR. PRKSIDENT.

Ayes, 38. Nays, o. So the bill was passed by a constitutional majority. The Senate took up, a.> the report of the Committee of the Whole, the bill of the House "To amend the law in

JouRNAL OF THE SENATE

relation to 'court contracts,' as contained in sections 2758 to 2772, inclusive, of the revised Code of 1873, so as to confer upon the courts of ordinary, in such counties as have no county courts, the power and jurisdiction to file, enforce and determine 'court contracts,' and for other purposes."

The report was agreed to.

The bill was read the third time and passed, by a constitutional majority, there being ayes, 3 I ; nays, o.

The Senate took up, as the report of the Committee of the Whole, the bill of the House "To provide one commissioner of roads and revenue in the county of Forsyth, and to prescribe his powers and duties."

[Mr.

presented to the Senate satisfactory evi-

dence of the compliance with the Constitution and laws of

this State, in regard to notice of intention to apply for the

passage of this bill.]

The report was agreed to.

The bill was rtad the third time and passed, by a consti- tutional majority, there being ayes, 28 ; nays, o.
The Senate took up, as the report of the Commiitee of the Whole, the bill of the House ''To change the time of holding the Superior Courts in the county of Houston from the fourth Mondays in May and November to the 'first Mondays in April and October, and to make all proceedings in said court returnable to next November term, returnable to the October term, as herein fixed."
The report was agreed to. The bill was read the third time and passed, by a constitutional majority, there being ayes, 34; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill of the House ''To repeal an act entitled an act to make and constitute the sheriff of Cobb county ez-djjicz'o tax collector of said county, and for other purpo ses, approved F l.!bruary 28, 1876." The report was agreed to.

SEPTEMBER 6, 1879

337

The bill was read the third time and passed, by a constitutional majority, there being ayes, 32 ; nays, 0.
The Senate took up, as the report of the Committee of the Whole, the bill of the House 'To authorize the ordinary of Milton county, Georgia, to borrow money for the . purpose of paying for the building of a court house in said county, and to provide for the payment of said borrowed money."
The same was amended, in accordance with the report of the Finance Committee, by striking out of the 17th line of the first section the W@>rd "seven," and inserting, in lieu thereof, the word "ten."
The report, as amended, was agreed to.
The bill was read the third time and passed, as amended, by a constitutional vote, there being ayes, 27 ; nays, o.
The Senate took up, as the report of the Committee of the Whole, the bill of the House ''To prohibit ordinaries, county commissioners of roads and revenue, tax collectors, sheriffs, clerks or treasurers from buying up, at a discount, or in any manner speculating in county orders or jury scrips, and to prescribe a penalty for any violation of this act."
The same was amended, in accordance with the report of the Finance Committee, by striking out the word ''or," in the fourth line of the caption, and inserting after the word "treasurers," the following words, to-wit: ''School commissioners, or any other public officers."
Amend the caption by adding after the words, "jury scrips," the following words, to-wit: ''Or any other order or scrips which are to be paid out of any public fund of this State, or of any county in this State."
Amend the first section in the ninth line by striking out the word ''or," and by adding after the word "treasurer, , in the same line, the following words, to-wit: ''School commissioners, or any other public officer."
Amend the first section by striking out the word, ''per
22

JouRNAL oF THE SENATE
son," in the thirteenth line, and inserting the words "public officer."
Amend the first section in the thirteenth line by adding after the words "jury scrips," the following words, to-wit: 'Or any other order or scrip which is to be paid out of any public fund of this State, or of any county in this State."
The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 27; nays, o. Mr. Perry offered the following .privileged resolution, which was read and agreed to, to-wit: ''Resolved, That a seat on the floor of the Senate be tendered the Hon. John J. Jones during his stay in the city." Mr. Hudson offered the following privileged resolution, which was read and agreed to, towit: "Resolved, That Col. A. S. Cutts be invited to a seat on the floor of the Senate during his stay in the city." At IO o'clock, a. m., the President announced: ''The hour for that purpose having arrived, the Senate will now, according to order, resume its session as a Court of Impeachment," and yielded the chair to the Chief Justice. At the conclusion of the session of the Court of Impeachment, the President resumed the chair and announced: " The Senate is now in session for legislative purposes." The Senate took up, as the report of the Committee of the Whole, the bill of the House "To amend section 4373 of the revised Code of Georgia, of 1~73, so as to make the wife a competent witness in cases of abandonment." The report was agreed to. The bill was read the third time and passed, by a constitutional majority, there being ayes, 25; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill of the House ''To make it a high misdemeanor, and punishable as prescribed therein, for any

339
official, or clerk, or employe of any official, to influence or attempt to influence the Gov~rnor, or the head of any or either of the departments of this State," etc.
The same was amended, in accordance with the report of the Judiciary Committee, by striking out the words "high misdemeanor," and insert the word "felony."
The same was further amended, on motion of Mr. Lumpkin, by striking out from the title the words ''high misdemeanor," and inserting in lieu thereof 'felony."
The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 27; nays, o. The Senate took up. as the report of the Committee of of the Whole, the bill of the House ''To authorize the ordinary of Fulton county to enter into a contract with the owner of the 'Abstract of Title' of Fulton county, to furnish said 'abstract book,' and keep up the same for the benefit of the people of said county." The report was agreed to. The bill was read the third time and passed, by a constitutional majority, there being ayes, 26 ; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill of the House "Allowing persons at interest to be made parties plaintiff in cases where a chose in suit is assigned as any part of a twelve months' support, in the manner that representatives of estates are now made parties." The report was agreed to. The bill was read the third time and passed, by a constitutional 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 "To authorize the board of commissioners of Decatur county to issue bonds for the purpose of building a bridge over Flint river, near Bainbridge, and for other purposes." The same was amended, on motion of Mr. Russell, by

}OURNAL OF THE SENATE
inserting the words ''not exceeding ten thousand," in lieu of the words ''four thousand," before the word "dollars," in the first section.
The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 29; nays, o. Mr. Hudson offered the following privileged resolution, which was read and agreed to, to-wit : ''Resolved, That Judge S. K. Taylor be invited to a seat on the floor of the Senate during his stay in the city." The Senate took up, as the report of the Committee of the Whole, the bill of the House ''To authorize the ordinary of Clarke county to issue four per cent. bonds, to substitute for county bonds now outstanding." The same was amended, in accordance with the report of the Finance Committee, by inserting in the 10th line of the first section, after the word "proper," the words "to run twenty years and." The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 35; nays, I. Mr. Clarke, chairman of the Committee on Corporations, made a report on certain bills of the House, which was read. The Senate took 1~p, as the report of the Committee of the Whole, the bill of the House ''Appropriating money to pay the expenses ot the Special Joint Wild Land Committee, appointed at the present session." The same was amended, in accordance with the report of the Finance Committee, by striking out of the 3d and and 4th lines of section rst, the words "twelve hundred and ninety-six and 30-100 dollars," and inserting ''thirteen hundred and seventy-five and 30-100 dollars." . Amend section 2d, by striking from the r8th line thereof, "$2 per day, sixty-four dollars," and inserting "$4 per day, $128," so that the line shall read: ''E. B.

SEPTEMBER 6, 1879

Thomas, Sergeant-at-Arms, 32 days, at $4 per day, $128."

On motion of Mr. Speer, the bill was further amended by paying Peter McMichael one dollar per day, in lieu of fifty cents per day, and making the same appropriated to him "thirty-one dollars," in lieu of ''fifteen dollars and fifty cents."

The report, as amended, was agreed to.

The bill was read the third time, and, on the question of its passage, as amended, the ayes and nays were recorded.

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

Boyd, Bryan, Cabaniss, Candler,
Casey, Clarke, Clifton,
Cumming, Drake, DnBose, Duncan, Fain,
Folks,

Grantland,

Perry,

Grimes,

Preston,

Hamilton of the 14th, Russell,

Head,

Simmons,

Hodges,

Speer,

Holcombe,

Htaten,

Holton,

Stephens,

Howell,

TiRon of the 4th,

Hudson,

Troutman,

Lumpkin,

Turner,

McDaniel,

Wellborn,

McLec.d,

MR. PRESIDENT.

Ayes, 37 Nays, o.

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

The Senate took up, for concurrence on its third reading, the joint resolution from the House of Representatives "Authorizing the State Treasurerto pay interest on certain bonds of this State, therein mentioned."

The same was amended, in accordance with the report of the Finance Committee, by adding at the end of the bill the following proviso : ''Provided, howerer, That the holder of said bonds shall first file in the office of the Treasll!er his bond, with good security, payable to the Governor and his successors in office, in double the amount claimed to be due as interest, conditioned to save the State harmless in making said payment."

The report, as amended, was agreed to, and on the ques'-

342

JOURNAL OF THE SENATE

tion of concurring in the resolution, as amended, the ayes and nays were recorded.

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

Bower, Bryan, Cabaniss, Candler, Casey, Clarke, Clements, Clifton,
Cumming, Drake, DuBose, Fain, Folks,

Grantland, Grimes,
Hamilton of the 14th, Hamilton of the 21st, Hawkins, Head, Hodges, Holcombe, Holton, Howell, Hudson,
Lumpkin,

McDaniel, :\lcLeod,
Perry, Preston, Simmons, Speer, Staten, Stephens,
Tison of the 4th. Troutman, Turnrr,
Wellborn.

Ayes, 37 Nays, o.

So the resolution, as amended, was concurred in by a constitutional majority.

The Senate took up, as the report of the Committee of the Whole, the bill "To fix the time for holding the fall terms of the Superior Courts in the counties of Union and Towns, and for other purposes."
The same was amended, as follows, in accordance with the report of the Judiciary Committee, to-wit: Amend the 1st ~ection by atlding after the last word thereof the following : ''But should the business of Union Court require it, the presiding Judge may, by order, adjourn the Superior Court of Towns county to the Monday next thereafter, and prolong the term of Union Superior Court accord ingly."
The report, as amended, was agreed to. The bill was read the first time and passed, as amended, by a constitutional majority, there being ayes, 33; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill "To define and regulate the jyrisdic tion of county and other inferior courts, in ceriain cases, and for other purposes." The same was amended, in accordance with the report of the Judiciary Committee, by adding the words

SEPTEMBER 8, 1879-

343

'"amounting to a felony" after the word "State," in the

7th line of the 1st section.

The report, as amended, was agreed to.

The bill was read the third time and passed, as amended,

by a constitutional majority, there being ayes, 29; nays, o.

The following bills of the House were read the second

time an9 passed to a third reading, to-wit:

A bill 'To incorporate the Oconee River Steamboat

Company."

A bill ''To amend section 2d of an act to repeal act to

incorporate the town of Hillsborough, in the county of

Floyd, and for other purposes."



A bill "To amend an act to incorporate the town of

Eastman, in the county of Dodge; to define the limits of

the same, etc., approved December 15th, 1871."

A bill "To authorize the corporation of the city of Bain-

bridge to levy a tax for the purpose of establishing and

maintaining public schools in and for the municipality of

Bainbridge, under and in conformity to section 3, article 8,

of the Constitution of Georgia," and

A bill "To authorize the county of Dougherty to issue

bonds of said county for thirty thousand dollars, and to

provide for the assessment and c-ollection of an annual tax

to pay the principal and interest of the same, in compliance

with article 6, section 7, of the Constitution, for the pur

chasing the bridge across Flint River, for the use and

benefit of said county."

The Senate having disposed of all the business on the

desk of its Secretary, adjourned, on motion, until9 o'clock,

a. m., Monday.

SENATE CHAMBER, } Monday, September 8th, 1879, 9 o'clock, a. m.
The Senate met pursuant to adjournment, the President
in the chair.

344

JouRNAL OF THE SENATE

Prayer by the Chaplain.

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

Bower, Bryan,
()a,baniss,
Candler, Casey, Clarke,
Clements, ()Iifton,
Cumming, Drake, DuBose, Duncan,
Fain, Folks,

Grantland,
Grime~,
Hamilton of the 14th,
Hamilton of the 21st, Hawkins, Head, Hodges, Holcombe, Holton, HowPll, Hudson, Lumpkin,
McD<lniel, McLeod.

PetTy, Preston, Russell, Simmons, Speer, Staten,
Stephens, Tison of the 4th, Tison of the lOth, Trutmau, Turner, Wellborn,
MR. PRESIDENT.

The journal was read and approved.

On motion of Mr. Perry, the bill "To relieve the State

Lunatic Asylum," and the substitute offered by the Com-

mittee on the Lunatic Asylum, were made the special order

for Thursday next, immediately after the reading of the

journal of preceding day, and that 50 copies of the substi

tute be printed for the use of the Senate.

Mr. Cumming offered the following privileged resolution,

which was read and agreed to, to-wit:

''Resolved, That the Hon. John T. Shewmake, of the

county of Richmond, and Hon. E. F. Lawson, of the county

of Burke, be invited to seats on the floor of the Senate."

Mr. Bower offered the following privileged resolution,

which was read and agreed to, to-wit:

''Resolved, That Col. A. L. Hawes be invited to a seat

in the Senate during his stay in this city." ,

The following message was received from the House of

Representatives, through Mr. Goetchius, the Clerk thereof:

Mr. Ptesdent:

I am instructed by the House of Representatives to re-

turn to the Senate the:following bill of the House of Rep-

resentatives, to-wit:

A bill ''To be entitled an act to incorporate the Athens

Transfer Railroad Company."

SEPTEMBER 8, I879

345

The House has also passed the following bills, to-wit: A bill ''To be entitled an act to provide for the creation of boards of commissioners of roads and revenue in the counties of Emanuel, Marion and Johnson ; to prescribe their powers and duties, and to limit the compensation of the officers employed by them." Also a bill ''To be entitled an act to repeal an act to prohibit the imposition of more than fifty per cent. upon the State tax for county purposes, on any account whatever, in the county of Jackson, and for other purposes." Also a bill ''To be entitled an act to provide for the regulation of railroad freights and passenger tariffs in this State; to prevent unjust discrimination and extortion in the rates charged for transportation of passengers and freights, and for other purposes." Mr. Tison of the 10th, offered the following privileged resolution, to-wit: "Resolved, That the Hon. D. H. Pope, Hon. L. P. D. Warren and Col. C. B. Wooten be tendered seats on the floor of the Senate, at their pleasure, during their stay in this city." On motion of Mr. Russell, the rules were suspended, and the Senate took up, as the report of the Committee of the Whole, the bill "To define the crime of being a tramp, and to provide a punishment therefor." The Special Committee to whom this bill was referred reported a substitute for the original. The proposed substitute was adopted.
Mr. Wellborn moved to amend the substitute by inserting the word "illegally" before the word "annoying," where the latter word occurs in the first section.
Mr. Hudson proposed to amend the bill by striking out the following words ''begging or otherwise annoying the people of the State."
The hour of I I o'clock arrived, pending discussion on the foregoing subjects matter, and the President announced:

}OURNAL OF THE SENATE
"The time for that purpose having arrived, the Senate will now, according to order, resume its session as a Court of Impeachment," and yielded the chair to the Chief Justice.
At the conclusion of the session of the High Court of Impeachment, the President resumed the chair and announced : ''The Senate is now in session for legislative purposes," whereupon the Senate adjourned, on motion, until 3 o'clock and 25 minutes, p.m., this day.
3:25 o'cLOCK, P. M. The Senate met pursuant to adjournment, the President in the chair. At 3~ o'clock, p. m., the President announced: "The time for that purpose having arrived, the Senate will, ac cording to order, resume its session as a Court of Impeach ment/' and yielded the chair to the Chief Justice. At the conclusion of the session of the High Court of Impeachment, the President resumed the chair and announced: ''The Senate is now in session for legislative purposes." The Senate, on motion, adjourned until 9 o'clock, a. m., to-morrow.
SENATE CHAMBER, } Tuesday, September 9, 1879, 9 o'clock, a.m. The Senat~ met pursuant to adjournment, the President in the chak. Prayer by the Rev. Dr. Martin. On the call of the roll, the following Senators answered to their names, to-wit :

SEPTEMBER 9 1879.

347

Bower,
Bryan, Cabaniss, Candler,
Cas!ly, Clarke, Clements, Clifton, Cumming, Drake,
DuBose, Duuc>Ln, Fain, Folks,

Grantland,
Grimes, Hamilton of the 14th, Hamilton of the 21st,
Hawkins, Head, Hodges, Holcombe, Holton,
Hud~ou,
Howell, Lumpkin, McDaniel, McLeod,

Perry,

Preston,

Russell,

Simmons,

Speer,

Staten,

Stephens,

Tison Tison

o,,ff

the the

4th, lOth,

TroUiman, Tnrner, Wellborn,

MR. PRESIDENT.

The journal was read and approved.

The unfinished business of yesterday was resumed, to-

wit: "To define the crime of being a tramp, and to

provide punishment therefor," the substitute reported by

the special committee having been adopted, in lieu of the

original bill and certain proposed amendments, spread in

full upon the journal of yesterday, pending at the_time of

adjournment.

The amendments proposed yesterday by Mr. \Vellborn

and Mr. Hudson were severally submitted to the Senate

and rejected.

Mr. Bower moved to amend the substitute by adding

the following after the words ''any citizen of this State,"

in the ninth line, towit: ''Or who shall enter the enclosed

premises of another without permission, or having entered

shall not immediately depart upon being ordered to; or

who shall build fires or camp on the enclosed land of an-

other, without the permission of the owner; or who shall

go into or lodge in any barn, crib or other out-house of

another, without the permission of the owner; or who shall

do any act of tresspass on the property or premises of another."

Mr. McDaniel moved to amend, by substituting the fol-

lowing for the proviso contained in the sub!ltitute adopted,

to-wit: ''Provided, That this act shall not apply to persons

who are honestly and in good faith seeking work in the

neighborhood where found, at the usual and customary

jOURNAL OF THE SENATE

wages given in that place to other persons for like work."

Mr. Holcombe called for the "previous question."

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

I. The amendment proposed by Mr. McDaniel.

This amendment was lost.

2. The amendment offered by Mr. Bower, which was also lost.

The question then recurred upon the adoption of the

report, as amended.

The report, as amended, was agreed to.

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

its passage, as amended, the ayes and nays were required

to be recorded.

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

Cabaniss, Casey,
Clifton, Cumming, Drake, DuBose, Duncan, Folks, Hamilton of the 21st,

Hawkins. Holcombe, Holton,
McLeod, Perry,
Preston, Russell, Simmons,

Speer, Staten, Stephens, 'l'1wn of the 4th, Ti~on of the lOth, Troutman, Turner,
}fR. PRESIDENT.

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

Bower, Hryan, Candler, Clarke, Clements,
Fain,

Grantland, Grimes, Hamilton of the 14th,
Hettd, Hodges,

Howell, Hudson, Lumpkin, McDaniel, Wellborn.

Ayes, 25. Nays, 16. So the bill was passed, as amended, by a constitutional

majority. Mr. Russell, chairman of the Committee on Enrollment,

submitted the following report :

Mr. President: The Committee on Enrollment report as duly enrolled,

signed by the Speaker of the House of Representatives,

and ready for the signature' of the President of the Senate,

the following acts, to-wit :

SEPTEMBER 9 1879

349

An act "To authorize the mayor and council of the city

of Athens to use the money paid by the Southern Mutual

Insurance Company, of Athens, Georgia, as taxes on

gross premiums for the year 1879, for the purpose of build

ing cisterns in the city of Athens."

Also an act "To repeal an act entitled an act to provide

for the registration of electors in the counties of Thomas,

Lowndes, Decator, Mitchell and Camden, and to prevent

illegal voting in the same, approved February 23d, I8J5,

so far as the county of Mitchell is concerned."

Also an act "Appropriating money to pay Owen Smith's

claim against the State for services rendered."

Also an act "To authorize the ordinary of Fulton county

to enter into a contract with the owner of the 'Abstract of

Title,' of Fulton county, to furnish said abstract book,

and to keep up the)ame for the benefit of the people."

Also an act "To amend the law in relation to court con-

tracts, as contained in sections 2758 to 2772, inclusive, of

the Code of Georgia."

Also an act "To provide one commissioner of roads and

'

revenue in the county of Forsyth, and to prescribe his

powers and duties."

Also an act "To repeal an act to make and constitute

the sheriff of Cobb county ex-officio tax collector of said

county, approved February 28, 1876."

Also an act "To change the time of holding the Superior

Courts in the county of Houston from the fourth Mondays

in May and November to the first Mondays in April and

October, and to make all proceedings in said court re-

turnable to next Novemher term returnable to the October

term, as herein fixed."

Also an act "To prevent the destruction of game in the

county of Jones, in this State, and for other purposes."

Also an act ''Allowing persons at interest to be made

parties plaintiffs in cases where a chose in action in suit is

assigned as any part of a twelve months' support, in the

350

}OURNAL OF THE SENATE

manner that representatives of estates are now made parties."

Also an act "To amend section 4373 of the revised Code of Georgia, of 1873, so as to make the wife a competent witness in cases of abandonment."

Also an act ''To authorize the mayor and aldermen of

the city of Savannah to build an aqueduct from said city

to such point as they may select on the Savannah river, and for other purposes."

Also an act "To establish a City Court in the county

of Clarke, and to provide for the appointment of a judge and solicitor."

Also an act "To withdraw all rights, privileges and franchises heretofore granted to the Arnett Bridge Com-

pany, located at Bainbridge, Georgia."

.

Also an act "To create a board of commissioners of

roads and revenue for the county of Putnam, and to de-

fine its powers and duties."

Also an act 'To authorize the county of Dougherty, by

its county commissioners, to issue bonds of said county

for thirty thousand dollars, and to provide for the assess-

ment and collection of an annual tax to pay the principal and interest of the same, in compliance with article 7,
section 7, of the Constitution, to purchase the bridge

across Flint river.

D. A. RussFLL,

Chairman.

Mr. Clements, chairman of the Committee on Local .and Special Bills, made a report on certain bills, which was

read. Mr. Howell, chairman of the Committee on Rules for

the Court of Impeachment, made the following report,

which was read, to-wit:

Mr. President: The Committee on Rules beg leave to report that they
have procured a competent stenographic reporter to re.

SEPTEMBER 9' 1879

351

port the proceedings in the trial of W. L. Goldsmith, for the sum of twenty cents per hundred words reported and written out by said reporter.
And we respectfully return the resolution submitted to us about what shall be reported, without any recommendation, leaving it to the Senate to designate, by resolution, what shall be reported.
Respectfully submitted, E. P. HOWELL, JOHN T. CLARKE, JOHN A. STEPHENS, Committee.
Mr. Preston offered a resolution designating the matters to be reported by the stenographic reporter, and also providing for the publication, daily, of the evidence submitted.
Pending the consideration of this resolution, the hour of 10 o'clock, a. m., arrived, and the President announced: "The time for that purpose having arrived, the Senate will, according to order, resume its session as a Court of Impeachment," and yielded the chair to the Chief Justice.
At the conclusion of the session of the High Court of Impeachment, the President resumed the chair and announced: "The Senate is now in session for legislative purposes. "
The Senate, on motion, adjourned until 3:25 o'clock, p. m., this day.
3:25 o'CLOCK, P. M. The Senate met pursuant to adjournment, the President in the chair, and resumed the unfinished business of the morning, to-wit: "A resolution specifying the matter to be reported by the stenographic reporter of the Court of Impeachment." For this resolution, Mr. Preston offered the following as a substitute, to-wit:

352

jOURNAL OF THE SENATE

"Resolved, That the stenographic reporter, appointed to take down the evidence in the trial of Washington L. Goldsmith, Comptroller-General, be, and he is hereby required, to report the opinions and rulings of the Chief Justice, and the arguments of counsel for the State and the respondent, and that he deliver the copy of each day's proceedings to the State Printer, who is hereby required to print the same and have laid upon the desks of Senators printed copies thereof each succeeding morning.
''Resolved, That the proof shall be read by the stenographic reporter."
Mr. Holcombe moved to amend by striking out the words "and the arguments of counsel for the State and the respondent."
Pending action on this subject matter, the hour of 3~ o'clock, p. m., arrived, and the President announced: "The time tor that purpose having arrived, the Senate will, according to order, resume its session as a Court of Impeachment," and yielded the chair to the Chief Justice.
At the conclusion of the session of the High Court of Impeachment, the President resumed the chair, and announced: "The Senate is now in session for legislative purposes.''
The Senate, on motion, adjourned until 9 o'clock, a. m., to-morrow.

SENATE CHAMBER, } Wednesday, September 10, 1879, 9 o'clock, a. m. The Senate met pursuant to adjournment, the President
in the chair. Prayer by the Chaplain. On the call of the roll, the following Senators answered
to their names, to-wit :

SEPTEMBER 10, 1879

353

Bower, Bryan, Cabaniss, Candler,
Casey, Clarke, Clemeuts, Clifton,
Cumming, ])rake,
DuBose, Duncan, Fain,
. Folks,

Grantland, Grimes, Hamilton nf the 14th, Hamilton of the 21st,
Hawkins, Head, Hodges, Holcombe,
Holton, Howell,
Hudson, Lumpkin, McDaniel,
McLeod,

Perry, Preston. Russell, Simmons, Speer, Staten, Stephens, Tison of the 4th, Tison of the lOth, Troutman, Turner, Wellborn,
MR. PRESIDENT.

The journal was read and approved.

The Senate resumed consideration of the unfini!:hed busi-

ness of yesterday, to-wit: The resolution in relation to

the matter to be reported by the stenographer of the Court

of Impeachment, for which a substitute by Mr. Preston,

and a proposed amendment thereto by Mr. Holcombe,

were pending at the last adjournment.

Mr. Preston withdrew the original resolution, and offered

the pending substitute as an original, which is as follows,

to-wit:

''Resolved, That the stenographic reporter appointed to

take down the evidence in the trial of Washington L.

Goldsmith, Comptroller-General, be, and he is hereby re-

quired to report the opinions and rulings of the Chief Jus-

tice, and the arguments of counsel for the State and the

respondent, and that he deliver the copy of each day's

proceedings to the State Printer, who is hereby required

to print the same and have laid upon the desks of Sena-

tors printed copies thereof each succeeding morning.

''Resolved, That the proof shall be read by the steno-

graphic reporter."

Mr. Clarke moved to amend the same by inserting after

the word "respondent" the words "and of Senators."

Mr. Grantland called for the previous question.

The call was sustained.

The main question was put, to-wit:

"1. The amendment proposed by Mr. Holcombe to strike

23

354

JouRNAL OF TRE SENATE

out the words, "argument of counsel for the State and the

respondent."

On this proposition the ayes and nays were required to be

recorded.

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

Bower, DuBose, Fain, Hamilton of the 14th, Hamiltoli of the 21st, Hawkins,

Head, Holcombe, Holton, McLeod, Perry, Speer,

Stephens, Tison of the 4th, Troutman, Turner,
MR. PRESIDENT.

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

Bryan, Cabaniss, Candler, Casey. Clarke, Clements, Clifton, Cumming,
Ayes, 17.

Drake, Duncan, Folks, Gmntland, Grimes, Hodges, Howell,
Nays, 22.

Hndson, Lumpkin, McDaniel, Preston, Simmons, Tison of the 10th. Wellborn.

So the amendment was not agreed to.

The question recurred upon the proposed amend-

ment of Mr. Clarke. On this the ayes and nays were re-

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

Cabaniss, Candler,
Casey, Clarke, Cumming,

Grimes, Hudson, Lumpkin,
McD<Lniel,

Preston, Ti~on of the 4th,
Wellborn, MR. PRESIDENT.

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

Bower, Bryan, Clements,
Clifton, D1ake, DuBose, Duncan, Faiu,
Folks,

Grantland,

McLeod,

Hi!.milion of the 14th, Perry,

Hamiltrm of the 21st, Simmons,

Hawkins,

Speer,

Head,

Staten,

Ho,I~es,

Stel>hens,

H lcombe,

Tisort of the 10th,

Holton,

Tmn1man,

Howell,

Turner.

Ayes, 13. Nays, 27.

This amendment was not agreed to.

The question then recurring on the adoption of the res-

lution, the ayes and nays were required thereon.

- SEPTEMBER 10~ 1879

35S

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

Bower, Bryan. Cabaniss,
Candler, Casey,
Clarke,
Clements, Clifton,

Drake, Duncan,
l<~ain,
Folks, Grantland,
Grimes,
Head, Hodges,

Howell, Hudson, Lumpkin,
McDaniel, McLeod, Preston,
Wellborn~

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

Cumming, DnBose, Ham1lton of the 14th,
Hamilton of the 21st, Hawkins, Holcombe,

Holton, Perry, Simmons,
Speer, Staten, Stephens,

Tison of the 4th, 'fison of the lOth. Troutman, Tnrner,
MR. PRESIDENT.

Ayes, 37 Nays, 17. So the resolution was adopted. Mr. Cumming gave notice of a motion to reconsider the

same. Mr. Tison of the roth offered the following privileged
resolution, to-wit: ''Resolved, That the Hon. David A. Vason, Hon. W.
T. Jones and Captain R. Hobbs, of Albany, Ga., be invited to seats on the flour of the Senate during their stay in this city."
The same was agreed to. The following bills of the House were read the second time and passed to a third reading, to-wit : A bill "To amend an act to consolidate, amend and supersede the several acts incorporating the town of Carrollton."

A bill "To provide for the creation of a board of commtsstoners of roads and revenues in the counties of

Emanuel, Marion and Johnson; to prescribe their powers and duties, and to limit the compensation of the officers employed by them," and

A bill "To allow the boad of commissioners of Newton county to assess an additional tax to pay the indebtedness of said county."

jouRNAL OF THE SENATE
The following bill: of the House was read the first time and referred to the Committee on Corporations, to-wit :
A bill "To incorporate the Athens Transfer Railroad Company."
The bill of the House ''To repeal an act entitled an act to prohibit the imposition of more than fifty per cent. upon the State tax for county purposes, on any account whatever, in the county of Jackson, and for other purposes," was read the first time and referred to the Committee on Local and Special Bills.
At the hour of I 1 o'clock, a. m., the President announced : "The time for that purpose having arrived, the Senate will now, according to order, resume its session as a Court of Impeachment," and yielded the chair to the Chief Justice.
At the conclusion of the session of the High Court of Impeachment, the President resumed the chair and announced:' 'The Senate is now in session for legislative purposes." Whereupon, on motion, the Senate adjourned until 3:25 o'clock, p. m., this day.
3:25 O'CLOCK, P. M. The SenBte met pursuant to adjournment, the President in the chair. At the hour of 3~ o'clock, p. m., the President announced: ''The hour _for that purpose having arrived, the Senate will now, according to order, resume its session as a Court of Impeachment," and yielded the chair to the Chief Justice. The session of the High Court of Impeachment having terminated, the President resumed the chair and announced: "The Senate is now in session for legislative purposes." Whereupon, on motion of Mr. Hudson, the Senate adjourned until 9 o'clock, a. m., to-morrow.

SEPTEMBER I I, I879

351

SENATE CHAMBER, } Thursday, September I I, 1879, 9 o'clock, a. m.

The Senate met pursuant to adjournment, the President

in the chair.

Prayer by the Chaplain.

On the call of the roll, the following Senators answered

to their names, to-wit:

Bower, Bryan. Cabaniss, Candler, Casey,
Clarke, Clements, Clifton, Cumming Drake, DuBose, Duncan, Fain,
Folks,

Grantland, Grimes, Hamilton of the 14th, Halllillon of the 21st, Hawkins,
Read, Hodges, Holcombe, Holton, Howell, H uds.,n, Lumpkin, McDaniel,
McLeod,

Perry, Preston, Russell, Simmons, Speer, Staten, Stephens, Tison of the 4th, Tison of the lOth, Troutman, Turner, Wellborn,
MR. PRESIDENT.

The journal was read and approved.

Mr. Cumming moved a reconsideration of so much of the

journal of yesterday as relates to the adoption of a resolu-

tion defining the matter which shall constitute the reports

of the stenographic reporter of the High Court of Impeach-

ment.

On this proposition the ayes and nays were reqired to be

recorded.

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

Bower, Bryan, Cabaniss, Candler, Casey, Clarke, Clements, Clifton, Cumming, Drake,
Duncan, Fain,

Folks, Grimes, Hamilton of the 14th, Hamilton of the 21st, Hawkins, Head, Hodges, Holcombe, Holton. Hudsnn,
Lumpkin, McDaniel,

McLeod, Preston, Simm0ns, Speer,
Staten, Stephens, Tison of the 4th, Tison of the lOth.
Troutman, Turner,
Wellborn, MR. PRESIDENT.

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

Grantland,

Howell,

Perry.

Ayes, 36. Nays, 3.

JouRNAL oF THE SENATE
So the motion to reconsider prevailed. The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof: Mr. Ptesident: The House of Representatives has passed the following bill, to-wit: A bill ''To be entitled an act to make it the duty of freeholders, or their agents, to return the names of all tax-payers residing upon their premises on the first day of April :>f each year." The House has concurred in the amendments of the Senate to the following bills of the House, to wit : A bill "To make it a felony, and punishable as prescribed therein, for any official or clerk, or employe of any official, to influence, or attempt to influence the Governor, or the head of any or either of the departments of this State." Also a bill ''To be entitled an act to authorize the ordinary of Milton county, Georgia, to borrow money for the purpose of paying for the building of a court house in said county, and to provide for the payment of said borrowed money." Also a bill ''To be entitled an act to prohibit ordinaries, county commissioners of roads and revenues, tax collectors, sheriffs, clerks or treasurers from buying up, at a discount, or in any manner speculating in county orders, jury scrips, and to prescribe a penalty for any violation of this act." Also a bill "To be entitled an act to authorize the Board of Commissioners of Decatur county to issue bonds for the purpose of building a bridge over Flint river, near Bainbridge, and for other purposes." Also a bill 'To be entitled an act to authorize the ordi nary of Clarke county to issue four per cent. bonds, to substitute for cotmty bonds now outstanding." . The House has refused to concur in the ,ame_ndments of

SEPTEMBRR I I, I 879

'359

the Senate to the following bill of the House, and respect~

fully asks the Senate to recede from the same, to-wit:

A bill "Appropriating money to pay the expenses of

the Special Joint Wild Land Committee, appointed at the

present session."

The House refuses to concur in the amendments of the

Senate to the following resolution of the House, and respect-

fully asks the Senate to recede therefrom, to-wit:

A resolution "Authorizing the State Treasurer to pay

interest due on certain bonds of this State, therein men-

tioned."

'l'he following message was received from the House of

Representatives, through Mr. Goetchius, the Clerk thereof:

Mr. President:

The House of Representatives conference committees' report on

has the

daidsoagprteedemtheentsoefcotnhde

two Houses on the amendments of the Senate to the fol-

lowing bill of the House, to-wit:

A bill "To be entitled an act to exempt from jury duty

ministers of the gospel, physicians, apothecaries, school

teachers, millers, ferrymen, certain railroad employes, all

male persons over sixty years old, and all telegraph opera-

tors," and I am instructed to inform the Senate of this

action of the House forthwith.

The House has passed the follo\ving bills, to-wit:

A bill ''To be entitled an act to provide compensation

tor the commissioners of roads and revenues for the county

of Mitchell, and the manner of paying the same."

Also a bill ''To be entitled an act to carry into effect the last

clause of paragraph I, section I, article 7 of the Constitu-

tion of 1877."

Also a bill "To be entitled an act to prohibit the employ-

ment or retention of any minor by any person in this State,

after notice from the parent or natural guardian that such

employment is without, and contrary to his or her consent,

and to punish any violation of this act."

JouRNAL oF THE SENATE
Also a bill "To be entitled an act to incorporate the ''Skidaway Narrows Canal Company," and to grant certain privileges therein named."
The bill "To relieve the Lunatic Asylum, which was the special order for this day, was taken up, and made the special order for Friday next, immediately after the reading of the journal.
Mr. Hudson offered the following privileged resolution, which was read and agreed to, to-wit:
"Resolved, That a seat on the floor of the Senate be tendered to Hon. B. B. Hinton during his stay in the city."
At the hour of 10 o'clock, a. m., the President announced: ''The time for the purpose having arrived, the Senate will, according to order, resume its session as a Court of Impeachment," and yielded the chair to the Chief Justice.
At the close of the session of the High Court of Impeachment, the President resumed the chair and announced: ''The Senate is now in session for legislative purposes."
Mr. McDaniel, chairman ~f the Committee on the J u diciary, made a report on certain bills.
Mr. Holton, from the Committee of Conference on :the bill of the House providing for certain exemptions from jury duty, submitted the following report: Mr. Preszdent:
The Committee of Conference, to whom was referred the adjustment of certain differences between the Senate and House of Representatives in regard to House bill 340, known as the jury exemption bill, beg leave to make the following report :
The Senate having amended said bill, and the House refusing to concur in the amendment, a conference committee was raised and reported to each House, to which report the House agre~d, and the Senate refusing to agree asked that a committee of conference be again raised; the same commiLtee being appointed, recommend that the Senate

recede from its amendments to the caption of the bill, striking out the word "sixty," and inserting the words ''sixty-five." Also that the Senate recede from its amendment to the first section of the bill, striking out the word "sixty," and inserting ''sixty-five."
We further recommend that the House concur in the Senate amendment to the first section of the bill by inserting the following after the word ''operator," in the r6th line: "Officers and members of each fire company in this State, to the number of twenty-five, doing active duty as firemen, whose names shall be filed in the office of the clerk of the Superior Court by the secretary of such company, on or before the first day of January of each year."
Respectfully submitted, G. ]. HoLDEN, D. A. RussELL,
Committee 01l the part of the Senate.
R. c. HUMBER,
L. D. DuyAL, Committee on the pmt of tlze House. Mr. Clements, chairman of the Committee on Local and Special Bills, made a report on certain bills, which was read.
Mr. Russell, chairman of the Committee on Enrollment, submitted the following report : Mr. President :
The Committee on Enrollment report as duly enrolled, signed by the Speaker of the House of Representatives, and ready for the signature of the President of the Senate, the following acts, to-wit:
An act "To authorize the ordinary of Clarke county to issue 4 per cent. bonds to substitute for county bonds uow outstanding."
Also an act "To authorize the board of commissioners of Decatur county to issue bonds for the purpose of building a bridge over Flint river, near Bainbridge, Ga."

jOURNAL UP THE SENATE
. Also an act "To make it a felony, and punishable as prescribed therein, for any official or clerk, or employee of any official, to influence or attempt to influence the Governor, or the head of any other of the departments of this State."
Also an act "To authorize the ordinary of Milton county, Georgia, to borrow money for the purpose of paying for the building of a court house in said county, and to provide for the payment of said borrowed money."
Also an act "To prohibit ordinaries, county commissioners of roads and revenue, tax collectors, sheriffs, clerks; treasurers, school commissioners, or other public officers, from buying up, at a discount, or in any manner speculating in county orders, jury scrips, etc., and to prescribe a penalty for a violation of this act."
D. A. RussELL, Clzai'rman.
The Senate adjourned, on motion, until 3~ o'clock, p. m., this day.
3~ O'CLOCK, P. M.
The Senate met pursuant to adjournment, the President in the chair.
The President announced: "The time for that purpose having arrived, the Senate will, according to order, resume its session as a Court of Impeachment," and yielded the
I
chair to the Chief Justice. At the close of the session of the High Court of
Impeachment, the President resumed the chair and announced: "The Senate is now in session for legislative purposes."
Mr. Hudson offered the following resolution, which was read and agreed to, to-wit:
''Resolved, That seats on the floor of the Senate, be tendered .Messrs. Dupont Guerry, ll. D. Hollis and E. G. Simmons during their stay in this city."

SEPTEMBER 12, :J879.

TheSenate adjourned, on motion, until 9 o'clock, a. m;,

to-morrow.

f

m.}- SENATE CHAMBER,
Friday, September I 2th, 1879, 9 o'clock, a.

The Senate met pursuant to adjournment, the President

in the chair.

Prayer by the Chaplain.

On the call of the roll, the following Sendtors answered

to their names, to-wit :

Bower,
Hryan, Cabaniss, Candler,
Casey, Iarke, Clements, Clifton, Cumming, Drake, DuBose,
Duncan, Fain. Folks,

Grantland,,
Grimes, Hamilton of the 14th, Hamilton of the 21st,
Hawkins, HPad, Hodg;es, Hole mbe, Holton, How ell, Huds(ln,
Lumpkin, McDaniel, McLeod,

Perry, Preston, Rllssell. Simmons, Speer, Staten, Siephens, Tison of the 4th, Tison of the lOth, Troutman, Turner, Wellborn,
MR. PRESIDENT.

The journal was read and approved.

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

Mr. Hodges, to allow his attendance upon the Superior

Court of his county.

Mr. McDaniel, chairman of the Judiciary Committee,

made a report on certain bills, which was read.

On motion of Mr. McDaniel, the special order for this

morning was postponed for the reading of bills the first

time.

The following bills of the House were read the first time

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

A bill "To makeitthe dutyoffreeholders,ortheiragents,

to return the names of all tax-payers residing upon their premises, on the first day of April of each year," and

A bill "To prohibit the employment or retention of any minor, by any perso.n in thjs __ State,. after. notice from

JouRNAL OF THE SENATE
parent, or natural guardian, that such employment is without, and contrary to his or her consent, and to punish any violation of this act."
The bill of the House "To incorporate the Skidaway Narrows Canal Company, and to grant certain privileges therein named," was read the first time and referred to the Committee on Corporations.
The bill of the House "To provide compensation for the commissioners of roads and revenues for the county of Mitchell, and the manner of paying the same." was read the first time and referred to the Committee on Local and Special Bills.
The bill of the House ''To carry into effect the last clause.of paragraph I, section I, article 7, of the Constitution of I877," was read the first time and referred to the Committee on Finance.
The bill of th(House "To provide for the regulation of railroad freight:and_passenger tariffs in this State, to prevent any unjust discrimination and extortion in the rates charged for transportation of passengers and freights, and for other purposes," was read the first time and referred to the Committee on Railroads.
On motion of Mr. Cabaniss, one hundred copies of the foregoing bill were ordered to be printed for the use of the Senate.
The Senate took up the special order for this day, to-wit: the report of the Committee of the Whole on the bill "To relieve the Lunatic Asylum," for which the Committee on the Lnatic Asylum reported a substitute.
Amendments to the substitute were proposed by Messrs. Bryan, Cabaniss and DuBose. Pending discussion thereon, the hour of I r o'clock, a. m., arrived, and the President announced: ''The time for that purpose having arrived, the Senate, according to order, will resume its session as a Court of Impeachment," and yielded the chair.
At the conclusion of the session of the High Court of

SEPTEMBER I 3, I 879
Impeachment; the President resumed the chair and announced: ''The Senate is now in session for legislative purposes."
The following message was received from His Excellency, the Governor, through Mr. A very, his Secretary, to-wit: 1.Wt. Presidmt:
I am directed by His Excellency, the Governor, to deliver to the Senate a sealed communication,. to which he respectfully invites the consideration of your honorable body in executive session.
The Senate, on motion, went into executive session, and, having remained some time therein, returned to open session and adjourned, on motion, to 3:25 o'clock, p. m.
3:25 o'CLOCK, P. M. The Senate met pursuant to adjournment, the President in the chair. At 3:30 o'clock, p. m., the President announcec : "The time for that purpose having arrived, the Senate, according to order, will resume its session as a Court of Impeachment, and yielded the chair. At the close of the session of the High Court of Impeachment the President resumed the chair and announced: "The Senate is now in sessio'l for legislative purposes." Whereupon, on motion, the Senate adjourned until 9 o'clock, a. m., to-morrow.
SENATE CHAMBER, } Saturday, September 13tlz, 1879, 9 o'clock, a. m. . The Senate met pursuant to adjournment, the President in the chair. Prayer by the Chaplain. On the call of the roll, the following ~enators answered to their names, to-wit:

JouRNAL OF THE SENAT~

1,3ower, Bryan, 'C:abaniss, Ca!l(ller,
Casey, Clarke,
Clements, Clifton, Cumming, Drake, DuBose, Duncan,
Fain,

Folks, Grantland,
Grimes, Hamilton of the 14th, Hamilton of the 21st, Hawkins, Head, Holcombe, Holton,
Howell, Hudson, Lumpkin, McD.miel,

McLeod, Perry, Preston, Russell, Simmons, Speer, Staten,
Step!lens, Tison of the 4th, Troutman, Turner
Wel!bo'rn,
Mn. PRESIDENT.

The journal was read and approved.

The unfinishe::l business of yesterday was resumed, towit: the bill "To relieve the L1natic Asylum," for which a substitute, offered by the Committee on the Lunatic Asylum, and certain amendments proposed thereto, were pending.
The following ctmendment, offered by Mr. Bryan, was adopted, to-wit: Strike out that part of the last line of the 2d section, beginning with the word "discharge," and insert in lieu of the part stricken, the following words, towit: "T<tke ste;J3 by instituting suit therefor to recover such amount as may be necessary to pay said expense, for not less than on~ year, and the costs of such suit shall, in no case, be charged against the plaintiff."
The following amendment, proposed by Mr. Cabaniss, was adopted, to wit: Strike out the word ''sufficient," in the 4th line of the rst section, and insert after the word "money," in the 5th line of said section, the words : "equalized amo1nt to that which is required to support a pauper patient."
Mr. DuBose offered the following, which was adopted a<> a substitute fur the 4th section ofthe substitute, to-wit:
"Section 4, Be it furtlter enacted by tlte authon'ty aforesaid, That when any person is sent to the Lunatic Asylum from any county in this State, it must appear from the proceedings ofthe court which hadjurisdiction of the case whether such person is able to pay his or her expenses, and has no

SEPTEMBER IJ, 1879

kindred who are able and bound, by law, to pay his or her expenses in .said Asylum, and an exemplification of said proceedings must be fiied with the principal officer of the Asylum, in each case."

Mr. Preston moved to amend the substitute further, by adding the following proviso to the 1st section, to-wit:

"Ptovided, That such person, so liable to pay said expenses, shall not be required to return for taxation, annually, the amount necessary to maintain such patient or patients."

The amendment, proposed by Mr. Preston, was not adopted.

Mr. Bower proposed the following as a substitute for the substitute, to-wit:

A bill ''To be entitled an act for the relief of the State Lunatic Asylum," the same providing that after the passage of this act, where there are more applicants for admission to the Lunatic Asylum than the principal officer can receive or accom nodate, he m:ty first receive those who are financially unable to pay their own expenses therein, in preference to those who are able to sustain the expense of their keeping, and the last section repeals con flicting laws.

Mr. Well born called for the ''previous question." The call was sustained. The "main question" was put, to-wit: The question as to the adoption of the substitute proposed by Mr. Bower, in lieu of the substitute reported by the committee on the Lunatic Asylum, as amended.

On this proposition the ayes and nays were required to

he recorded.

.

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

Bower,

Hamilton of the 21st, Perry,

Folks,

Head,

Pr~ston,

Hamilton of the 14th, Holton,

Staten.

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

JOURNAL OF THE SENATE

Bryan, Cabaniss, Casey, Clarke, Clements, Cumming, Drake, DuBose,
Ayes, 9

Duncan, Gtantland, Hawkins, Holcombe, Howell, Hudson, Lumpkin, McDaniel,
Nays, 24.

McLeod, Simmons, Speer, Stephens, Tison of the 4th. Turner, Wellborn,
MR. PRESIDENT.

So the substitute offered by Mr. Bower was not adopted.

The substitute offered by the committee on the Lunatic

Asylum, as amended, was adopted, in lieu of the original

bill.

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.

Bryan, Calmniss, Casey, Clarke, Clements, Drake,

DuBose, Hawkins, Hudson, Lumpkin, McDaniel, Simmons,

Speer, Stephens, Tison of the 4th, Wellborn,
1\IR. PRESIDENT.

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

Bower

Cumming,

Duncan,

Folks,

Grantland,

.

Hamilton of the 14th,

Hamilton of the 21st,
Head, Holcombe, Holton,
Howell,

Ayes, 17. Nays, 16.

McLeod, Perry,
Prc~ton,
Statrn, Turner.

There not being a constitutional majority voting in the

affirmative, the bill was lost.

Mr. Hudson offered the following privileged resolution,

which was agreed to :

''Resolved, That a seat upon the floor of the Senate be

tendered Judge J. A. Ansley during his stay in. this city."

On motion of Mr. Clarke, the rules were suspended and

the reconsidered resolution, defining the duties and com-

pensation of the stenographic reporter. of the Court of Im-

peachment, was taken up.

For this Mr. Clarke offered the following as a substitute,

to-wit:

SEPTEMBER 13, 1879-

''Resolved, That the stenographic reporter report all the

proceedings in the impending impeachment trial, including

evidence, debates, rulings and votes, and that he be allow-

ed therefor fifteen cents per one hundred words; and that

it be his duty to submit his reports to the public printer

in such time as tu allow the latter to print the report of

each day and have it laid on the desks of Senators on the

succeeding morning. It shall also be the duty of the re-

porter to read and correct the proofs of his reports."

Mr. Holcombe moved to amend said substitute by

striking out the speeches of Senators.

This motion did not prevail.

The substitute was adopted in lieu of the original.

On the question of agreeing to the resolution, as amend-

ed, the ayes and nays were recorded.

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

B0wer, Bryan, Uahauiss, Candler.
Casey, Clarke, Clements, Clifton, Cumming, Drake, DuBose,

Fain,

McDaniel,

Folks, Grantland,

PPreersrty~n,

Grimes,

Russell,

Hamilton of the 14th, Speer,

Hamilton of the 21st, Stephens,

Hawkins,

Tison of the 4th,

Howell,

Troutman,

Hudson,

Wellborn,

Lumpkin,

MR. PRESIDENT.

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

Duncan, Head. Holcombl',
Ayes, 3 r.

Holton, l.HcLeod, Simmons,
Nays, 8.

Staten, Turner.

So the resolution, as amended, was agreed to.

The President, at the hour of I I o'clock, a. m., an-

nounced: "The time for that purpose having arrived, the

Senate, according to order, will resume its session as a

Court oflmpeachment," and yielded the chair.

At the close of the session of the High Court of Im-

peachment, the President resumed the chair and an-

nounced: ''The Senate is now in session for legislative purposes."

24

3;o

JouRNAL oF THE SENAT~

On motion of Mr. Hawkins, leave of absence was granted Mr. Tison, for a few days, on' important business.
Mr. McDaniel, chairman of the Judiciary Committee ; Mr. Cabaniss, chairman of the Finance Committee, and Mr. Clements, chairman of the Committee on Local and Special Bills, made reports on certain bills, which were read.
The message of the House of Representatives in relation to the refusal of that body to agree to the Senate amendments to a bill of the House "Appropriating money to pay the expenses of the Wild Lmd Committee," appointed at the present session, was taken from the table for action.
On motion of Mr. Well born, the Senate adhered to its amendments, and the Secretary was directed to inform the House of the same.
Mr. Speer gave notice that he should move a reconsid eration of the action of the Senate on the bill "To relieve the Lunatic Asylum."
The Senate, on motion of Mr. Speer, took up, as the report of the Committee of the 'Whole, the bill of the House 'To amend an act to consolidate, amend and supersede the several acts incorporating the town of Carrollton, in the county of Carroll, and to grant certain privileges to the same, approved August 20th, 1872."
[Mr. Speer presented to the Senate satisfactory evidence of compliance with the requirements of the Constitu ion and Jaws of this State, in relation to notice of intention to apply for tl1e passage of this bill.]
The report was agreed to. The bill was read the third time and passed, by a constitutional majority, there being ayes, 34; nays, o. The fol!owing bills of the House were read the second time and passed to a third reading, to-wit: A bill "To repeal an act entitled an act to prohibit the imposition of more than 50 per cent. upon the State tax

SEP'fEMlmR 13, 1879

371

for county purposes, on any account whatever, in the

county of Jackson, and for other purposes."

A bill 'To provide for the suspension of the Treasurer

or Comptroller-General of the State from the discharge

of the duties of their offices, in certain cases, and also for:

the appointment of suitable persons to discharge the duties

of the same."

A bill "To provide compensation for the commissioners

of roads and revenues for the county of Mitchell, and the

manner of paying the same."

A bill "To carry into effect paragraph 5, article 5, sec-

tion 2, of the Constitution, and to prohibit the State

Treasurer, or any other officer of this State or county, from

using, either directly or indirectly, any money of the

State, and for other purposes."

A bill "To provide for the creation of boards of com-

missioners of ro:1ds and revenne in the counties of Emau-

uel, Marion and Johnson, and for other purposes.''

A bill "To carry into effect the last clause of paragraph

I, section I, article 7, ofthe Constitution of 1877"

A bill "For the relief of Benjamin F. Mathews, of

Chattahoochee county," and

A bill ''To amend the charter of Senoia."

By permission of the s~nate, Mr. Cumming withdrew

the Senate bill ''To declare the times of holding the Su-

perior Courts of this State."

The bill of the House ''To declare more fully the in-

tent ofthe General Assembly, expressed in paragraph 14, section 2, ofthe act to collect a tax for the support of the

State government, approved December 16th, 1878," was

taken up.



The adverse report of the Judiciary Committee thereon

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

The bill of the House "To give to justices of the peace

of this State jurisdiction to foreclose mortgages on per-

sonalty, where the principal sum involved does not exceed

'372

joURNAL OF THE SENATE

one hundred dollars, and to hear and detetm.ine and dispose of defenses off~red against foreclosure, and for other purposes," was, on motion, laid on the table.
The Senate, on motion, adjourned until9 o'clock, a. m., Monday next.

SENATE CHAMBER,

}

Monday, September 15th, 1879, 9 o'clock, a. m.

The Senate met pursuant to adjournment, the President

in the chair.

Prayer by the Chaplain.

On the call of the roll, the following Senators answered

to their names, to-wit:

Bower, Bryan, Cabt\uiss, Casey, Clements, Clifton,
Drake,
Du13ll~e,
Duncan, Fain,
Folks, Grantland,

Grimes, Hamilton of the 14th, Hamilton of the 21st, Harrison, Ha wkill8 Head, '
Holcombe, Bolton, Hovpll Hudson',
Lnmp!dn, McD,lniel,

McLeod, Perry, Preston, Rmsell. Simmons, Speer, Slaten, Tison of the 4th,
Troutman, Tnrner, Wellborn, Mu. PRESIDENT.

The journal was read and approved.

On motion of Mr. Speer, the action of the Senate in

refusing, on Saturday, to pass the bill "To relieve the

Lunatic Asylum," was reconsidered.

Leave of absence was granted for to-day to Messrs.

Candler and Cumming, and to Mr. Boyd indefinitely.

The Senate took up and adopted the report of the ~om

mittee of Conference on the bill of the House to exempt

certain persons from jury duty, said report being spread in full upon the Senate journal for s~ptember I rth inst.

On motion of Mr. Howell, the Senate, by unanimous

consent, reconsidered their agreement to the adverse re

port of the Judiciary Committee on the bill of the House

'To declare more fully and explicitly the intention of the

SEPTEMBER IS, 1879-

373

General Assembly, expressed in paragraph 14, section 2, ofthe act to collect a tax for the su pp0rt of the State gov ernment, approved December I 6th, I 878." This action occurred on Saturday, the 13th instant.
The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof: Mr. President:
The House of Representatives has passed the following bill of the Senate, to-wit :
A bill 'To be entitled an act to prescribe the times for holding the Superior Courts," with amendments, in which they ask the concurrence of the Senate.
The following message was received from the House of ~epresentatives, through Mr. Goetchius, the Clerk thereof: Mr. President:
The House of Representatives has passed the following bills, to-wit :
A bill "To be entitled an act to alter and amend the
road laws, so far as relates to the county of Effingham, and for other purposes."
Also a bill "To be entitled an act to repeal an act entitled an act to reduce the salaries of tax receiver, tax coliec tor, and school commissioner, for the county of Forsyth, State of Georgia, approved February 27th, 1877."
Also a bill "To be entitled an act to consolidate, amend and codify the various acts incorporating the city of Forsyth, in the county of Monroe, and the various acts amendatory thereof, approved March 5th, 1875, so as to allow the mayor and aldermen to levy and collect a tax on all professions, business and callings carried on in said city."
Also a bill ''To be entitled an act to amend an act to create a board of commissioners of roads and revenu-e for the counties of Floyd, Effingham, Schley, Sumter and Green, so far as the same relates to the county of Sumter."
Also a bill ''To be entitled an act to divert the unex-

374

JouRNAL OF THE SENATE

pended part of the fund known as the Ohoopie River Fund, a fund provided for opening up the Ohoopie river, in the county of Tatnall, to educational purposes in said county."
Also a bill "To be entitled an act to fix the compensa tion of tax receiver and collector of Cherokee county, and for other purposes."
Also a bill ''To be entitled act to repeal an act to pro hibit the sale of spirituous liquors in the incorporate limits of the town of Sharpsburg, in the county of Coweta, ap proved February 24th, 1877."
Also a bill ''To be entitled an act to provide for the appointment of a prosecuting attorney for the county of Pulaski, ar.d define his duties."
Also a bill ''To be entitled an act to amend the charter of the Barnard and Anderson Street Railroad, so as to extend the road bed. II
Also a bill ''To be entitled an act to prescribe the method of granting license to sell spirituous or intoxicating liquors in the county of Bullock, and to increase the fee for the same to five thousand dollars," and I am instructed to transmit the same to the Senate forthwith.
Also a bill "To be entitled an act to exempt the banks chartered under the laws of this State from the payment of special or specific taxes on business, and for other purposes. II
Also a bill ''To be entitled an act for the reiief of the Macon and Augusta Railroad Company from an overassessmentoftaxesfortheyears 1874,1875, 1876and 1877, and for other purposes. 11
Also a bill "To be entitled an act to repeal so much of an act as relates to the county of Lowndes, entitled an act to change and regulate the school system in the counties of Ware, Echols, Lowndes, Berrien, Charlton, Dodge and Clinch, in certain particulars, approved February 15, 1877."
Also a bill 'To be entitled an act to repeal an act entL

37S
tied an act to require the registration of voters of Mcln tosh county."
Also a bill "To be entitled an act tn repeal an act entitled an act to make minors parties to proceedings in the courts of this State, approved 25th February, I876."
Also a bill "To be entitled an act to repeal an act entitled an act to regulate the compensation of tax collector and tax receiver for collecting and assessing the State and county tax for the county of Calhoun, and to fix the salary of the county treasurer of said county, approved February 27th, I877, and for other purposes."
Also a bill "To be entitled an act to prevent the dismissal of cases in the Supreme Court for want ot the certificate of the presiding judge, where tne said Judge has pronounced judgment in a motion for new trial and bill of exceptions filed, and for other purposes therein named."
Also a bill "To be entitled an act to amend section 3623 of the Code of I 87 3."
Also a bill ''To be entitled an act to establish a system of public schools for the city of Cartersville, and to provide for the support and maintenance thereof, and for other purposes."
Also a bill ''To be entitled an act to incorporate the Savannah Trust and Safe Deposit Company," etc., etc.
Also a bill "To be entitled an act to amend the act incorporating the town of Oxford, in Newton coumy, approved December 23d, I 839, and other acts amendatory thereof, so as to empower the board of commissioners of said town to enforce the laws and ordinances regulating the working of the roads and streets of said town, and for other purposes."
Also a bill "To be entitled an act to incorporate the National Debt Assurance Company."
Also a bill 'To be entitled an act to incorporate the Dublin Telegraph Company."
Also a bill To be entitled an act to authorize and reo

JOURNAL OF THE SENATE
quire the Comptroller-General to accept, as a basis of taxation of the Upson County Railroad for the four years it is in default, the taxable value thereof, as determined by arbitration for the year 1878, and to relieve said railroad from the penalties attached because of said default."
Also a bill ''To be entitled an act to prohibit the retail of spirituous liquors, except for medicinal or mechanical purposes, in the county of Morgan."
Also a bill "To be entitled an act to require the Judge of the Superior Court of the county of Macon to transfer to the County Court all cases of misdemeanors pending, or which may hereafter arise in said Superior Court, which remain untried at the end of each session of the Superior Court, to provide for the trial of such causes, and the disposal of the fines, forfeitures and costs that may be collected in such cases."
Also a bill "To be entitled an act to repeal an act entitled an act to abolish the office of treasurer of the county of Pulaski'; to vest the duties of said office in the Judge of the County Court, and for other purposes, approved February 4th, 1875, and to provide for the discharge of the duties of said office until an election shall be held for said office."
Also a bill "To be entitled an act to amend section 4637 of the Code of Georgia, in reference to the statements of prisoners in cases of felony, and the act of 1874 amendatory thereof, entitled an act to amend section 4637 of the Code of Georgia, by striking out the words 'for a felony,' in the second line of said section. Said last mentioned act approved 28th February, 1874."
Also a bill "To be entitled an act to incorporate the Mutual Insurance Company of Augusta."
Also a bill ''To be entitled an act to regulate the manner of letting out contracts to build or repair public buildings, bridges, causeways, or other public works in the several counties of this State, and for other purposes."

SEPTEMBER 15, 1879

377

Also a bill ''To be entitled an act to carry into effect paragraph 2, section 18, article 6, of the Constitution,. so as to provide for the revision of the jury box, and for other purposes."
Abo a bill ''To be entitled an act to alter and amend theroad laws o! this State, so far as relates to the county of DeKalb, and to provide for the working of the. public roads of said county by convict labor, and to authorize the ordinary of said county to levy and collect a t1x for ~aid purposes,''
Also a bill 'To be entitled an act to amend an act approved February 24th, 1874, entitled an act to amend section 4441 of the Code of Georgia, in reference to illegal hunting with dogs, firearms or other implements, in and through any enclosed lands."
Also a bill ''To be entitled an act to change so much ofthe law in relation to grand jurors, in Pulaski county, as provides for two panels of grand jurors, so as to reduc~ the same to one."
Also a bill ''To be entitled an act to repeal an act entitled an act to consolidate the offices of sheriff and tax collector, of clerk of the superior court and tax receiver, and of ordinary and treasurer, in the county of Calhounapproved February 25th, 18 75, and for other purposes."
Also a bill ''To be entitled an act to provide that every judge of the Supreme, Superior, City or County Court who is the owner of any share or stock in a railroad company, or who is an officer or agent of such corupany, shall be disqualified to preside in the tnal of any case by or against any railroad company."
The Senate, on motion of Mr. DuBose, took up and concurred in the House a nendments to the bill of the Senate fixing the time of holding the Superior Courts.
At 10 o'clock, a. m., the President announced: "The hour for that purpose having arrived, the Senate will, ac

378

jOURNAL OF THE SENATE

cording to order, resume its session as a Court of Impeachment," and yielded the chair.
At the close of the session of the High Court of Impeachment, the President resumed the chair and an nounced: "The Senate is now in session for legislative purposes."
The Senate amendment to a joint resolution from the House authorizing the treasurer to pay certain interest on certain bonds of this State, in which the House refused to concur, was taken up and, on motion, laid upon the table for the present.
The bill of House in relation to the establishment of schools in the city of Bainbridge was taken up, and, on motion of Mr. President, laid on the table, subject to the call of Mr. Russell.
The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof:
Mr. Presidmt: The House of Representatives has passed the following
bills, to-wit :
A bill ''To be entitled an act to repeal the several acts creating, organizing and est:tblishing county courts for the counties of Dooly, Campbell, Fluyd, Rockdale and Clarke, and to provide for the proper disposition of the business pending in said courts, and for other purposes."
Also a bill "To be entitled an act to authorize a reduction of the capital stock of the Bank of A ugusia, and to more clearly define and specify the power and authority' of said bank."
Also a bill ''To be entitled an act to repeal the 43d section of an act entitled an act to amend the several acts incorporating the city of Gainesville, in Hall County, and an act to establish a city court for the city of Gainesville, prescribe its powers and jurisdiction, and for other purpo ses, approved February 24th, 1877, and the acts arnenda

379
tory thereof, so far as relates to the establishing"of a criminal court in said city of Gainesville."
Also a bill "To be entitled act to authorize any coroner of this State to appoint a deputy, and for other purposes."
Also a bill "To be entitled an act to carry into effect paragraph 5, section 12, of article 3 of the Constitution of Georgia."
Also a bill "To be entitled an act to make it penal for any officer or official of the State of Georgia to make any contract, except the contract by which the officer or official holds his ofl"ice, with the Go ;rcrnor of said State, or with any other off1cial of the State, in and about the State's business, and to receive any pay or perquisites for the same, and to provide for the punishment therefor, and to declare such contract void."
Also a bill ''To be entitled an act to amend section 1435 of the revised Code of I 873, in reference to fixing compensation to taker.> up of estrays, requiring appraisers to be first sworn, and for other purposes."
Also abill ''To be entitled an act to amend section 3408 of Georgia, with reference to the venue of suits against insurance companies having more than one place of business in this State, and for other purposes."
Also a bill 'To be entitled an act to amend section 3409 ot the Code of Georgia, \\ ith reference to serving process on insurance companies, and for olher purposes."
Also a bill 'To be entitled an act to provide for the preservation of order on the railroads of this State."
Also a bill 'To be entitled an act to alter and amend section 4141 of the revised Code of Georgia, which provides for the dating and serving of summonses in the justices courts in this State."
Also a bill ''To be entitled an act to make it a felony for the president or directors, or other officers of any bank, loan and trust company, or other company incorporated by the laws of this State, or doing business

380

]OURNAL OF THE SENATE

in this State, or any private bank or other comoany, incorporated or unincorporated, or for any individual or individuals doing a banking business in this State, or a business in which money is received on general deposit, to fail to repay to the depositor, or the person entitled there to, within three days after demand therefor, any money deposited in the bank/loan and trust company, or other company, incorporated or unincorporated, or with such individuals or individual, being at the time of receiving such deposit insolvent, and to provide for the punishment therefor.''
The following bills of the House were read the first time and referred to the Judiciary Cf)mmittee, to-wit:
A bill ''To provide that every judge of the Supreme, Superior, City or County Court, who owns any share of stock in a railroad company, or who is an officer or agent of such company, shall be disqualified to preside in the trial of any cause by or against any railroad company.''
A bill ''To repeal an act entitled an act to make minors parties to proceedings in the courts of this State, approved 25th February, 1876."
A bill ''To carry into effect paragraph 2, section 18, ar _icle 6, of the Constitution, so as to provide for the revision of the jury box, and for other purposes."
A bill "To provide for the appointmen~ of a prosecuting attorney for the county of Pulaski, and define his duties."
A bill "To change so much of the law in relation to grand jurors in Pulaski county as provides for two panels of grand jurors, so as to reduce the same to one."
A bill ''To require the judge of the Superior Court of the county of Macon to transfer to the County Court of said county all cases of misdemeanor pending, or which may hereafter arise in said Superior Court, which remain untried at the end of each session of the Superior Court.; to provide for the trial of said cases, and the disposal of

fines and forfeitures and costs that may be collected in such cases. "
A bill ''To prohibit the retail of spirituous liquors, except for medical or mechanical purposes, in the county of Morgan."
A bill "To amend section 3623 of the Code of 1873." A bill "To prevent the dismissal of cases in the Supreme Court for want of the certificate of the presiding judge, where the said judge has pronounced judgment in a motion for new trial and bill of exceptions filed, and for other purposes." A bill "To prescribe the method of granting license to sell spirituous liquors in the county of Bulloch, and to increas~ the fee lor the same to five thousand dollars., A bill "For the relief of the Macon and Augusta Railroad Company from an over-assessment of taxes for the years 1874. 1875, 1876 and 1877, and for other purposes." A bill ''To reped an act to consolidate the offices of sheriff and tax collector, of clerk of the Superior Court and tax receiver, and of ordinary and treasurer, in the county ofCalhoun, app!oved February 25th, 1875, and for other pm poses." A bill ''To repeal so much of an act as relates to the county of Lowndes, entitled an act to change and regulate the school system in the counties of Ware, Echols, Lowndes and other counties, approved February 15th, 1877." A bill "To fix the compensation of tax receiver anrl collector of Cherokee county, and for other purposes." A bill "To amend an act approved February 24th, 1874, entitled an act to amend section 3 r of the Code of Georgia, in reference to ille~ a! hunting with dogs, firearms or other implements, in and through any enclosed lands," etc.
A bill "To provide for the preservation of order on the railroads in this State."

JouRNAl ott THE SENATE
A bill "To ma.ke it a felony for president and directors, or other officers vf any bank, loan and trust company, or other company incorporated by the laws of this State, or doing business in this State, or of any private bank or other company, incorporated or unincorporated, or for any individual or individuals doing a banking business in this State, or a business in which money is received on general deposit, to fail to repay to the depositor, or the person entitl~d thereto, within three days alter de!T'and the1efor, any money deposited in the bank. loan or trust company, or other company, incorporated or unincorporated, or with such individual or individuals being at the time of receiving such deposit insolvent, and to provide for the punishment therefor."
A hill ''To make it penal for any officer or official of the State of Georgi<l, to make any contract, except the con. tract by which the officer or official holds his office, with the Governor of the State, or with ar1y other official of the State, in and about the State's business, and to receive any pay or perquisites for the same, and to provide for the punishment therefor, and to declare such contract void."
A bill "To authoriz" any coroner of this State to appoint a deputy, and for other purposes."
A bill ''To carry into effect paragraph 5, section 12, of article 3 of the Constitution of Georgia."
A bill "To amend section 1435 of the revised Code of 1873, in reference to fixing compensation for takers-up of estrays, requiring appraisers to be first sworn, and for other purposes," etc.
A bill "To amend an act to create a board of commissioners of roads and revenue in the counties of Floyd, Effingham, Schley, Sumter and Greene, so far as the sam.: relates to the county of Sumter."
A bill ''To amend section 3408 of the Code of Georgia, with reference to the venue of suits against insurance com-

SEPTEMBER 15, 1879.
panies having more than one place of busin~ss in this State, and for other purposes."
A bill ''To amend section 3409 of the Code of Georgia, with reference to serving process on insurance companies, and for other purpo!?es."
A bill 'To repeal an act entitled an act to abolish the office of treasurer of the county of Pulaski ; to vest the duties of said office in the judge of the County Court, and for other purposes, approved February 4th, 1875, and to provide for the discharge of the duties of said office until an election shall be held {or said office."
A bill ''To regulate the manner of letting out contracts to build or repair public buildings, bridges, causeways, or other public works in the several counties of this State, and for other purposes."
A bill ''To repeal the several acts creating, organizing and establishing county co!lrts for the counties or Dooly, Campbell, Floyd, Rockdale and Clarke, and to provide for the proper disposition of the business pending in said courts, ami for other purposes."
A bill 'To amend section 4637 of the Code of Georgia, in reference to the statements of prisoners in cases of felony, and the act of 1874 amendatory thereof, entitled an act to amend section 4637 of the Code of Georgia, by striking out the words 'for a felony,' in the second line of said sec tion-said last mentioned act, approved 28th February, 1874"
A bill "To incorporate the Savannah Trust and Safe Deposit Company," etc., etc.
Mr. Hamilton of the 14th, offered the following privileged resolution, which was read and agreed to, to-wit: - "Resolved, That the Hon. L. M. Burch, of the county of Dodge, be invited to a seat on the floor of the Senate during his stay in this city."
The following bills of the Honse were read the first time and referred to the Committee on Corporations, to-wit :

JouRNAL OF THE SENATE
A bill 'To authorize a reduction of the capital stock of the Bank of Augusta, and to define more clearly the power and authority of the same."
A bill "To incorporate the National Mercantile Debt Assurance Company."
A bill "To amend the act incorporating the town. of Oxford, in Newton county."
A bill ''To incorporate the Mutual Insurance Company, of Augusta."
A bill "To amend the charter of the Barnard and Anderson Street Railroad, so as to extend the road bed," and
A bill "To incorp.)rate the Dublin Telegraph Com pany."
The following bills of the House were read the first time and referred to the Committee on Finance, to-wit:
A bill '' To authorize and require the ComptrollerGeneral to accept, as a basis of taxation of the Upson County Railroad for the four years it is in default, the taxable value thereof, as determined by arbitration for the
year 1878, and to relieve said railroad from the penalties
attached because of said default." A bill 'To exempt the banks chartered under the laws
of this State from the payment of special taxes on business, and for other purposes."
A bill "To divert the unexpended part of the fund known as the Ohoopie River Fund, a fund provided for opening up the Ohoopie river, in the county of Tatnall, to educational purposes in said county."
A bill "To an1end an act to consolidate, amend and codify the various acts incorporating the city of For:yth, and the various acts amendatory thereof, approved March 5, 1875, so as to allow the mayor and aldermen to levy and collect a tax on all professions, business and callings carried on in said city."
The following bills of the House were read the first time

SEPTEMBER 15, 1879.
and referred to the Committee on Local and Special Bills, towit:
A bill ''To alter and amend the road Jaws of this State, so far as relates to the county of DeKalb, and to provide for the working of the public roads of said county by convict labor, and to authorize the ordinary of said county to le11y and collect a tax for said purposes."
A bill ''To repeal the 43d section of an act to amend the several acts incorporating the city of Gainesville; in Hall county, and an act to establish a City Court for said city, etc., etc.~ etc., so far as relates to the establishing a criminal court in said city-"
A bill "To alter and amend the road laws, so far as relates to the county of Effingham, and for other purposes."
A bill "To repeal an act to prohibit the sale of spirituous liquors in the corporate limits of the town of Sharpsburg, in the county of Coweta, approved February 24th, 1877."
A bill ''To repeal an act to reduce the salaries of tax collector and receiver, and school commissioner, for the county ot Forsyth, State of Georgia, approved February 27th, 1877," and
A bill "To repeal an act to require the registration of voters in Mcintosh county."
The bill "To establish a system of public schools for the city of Cartersville, and to provide for the support and maintenance thereof, and for other purposes," was read the first time and referred to the Committe on Education.
The Senate took up, as the report of the Committee of the Whole, the bill of the House "To amend '!-n act to incorporate the town of Eastman, in the county of Dodge, to define the limits of the same, etc., approved December 15th, I87 1."
The report was agreed to. The biil was read the third time and passed, by a constitutional majority, there being ayes, 29 ; nays, o.
25

joURNAL OF THE SENATE
The Senate took up, as the report of the Committee of ' the Whole, the bill of the House "To amend section 2d of an act to repeal an act to incorporate the town of Hillsborough, in the county of Floyd, and for other purj,.oses/'
The report was agreed to. The bill was .read the third time and passed, by a constitutional 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 ''To carry into effect paragraph 5. section 2, article 5, of the Constitution, and to prohibit the State Treasurer, or any other officer of this State or county, from using, either directly or indirectly, any money of the State, and for other purposes." The same was amended, in conformity to the report of the Finance Committee, by striking out the words "or county," in the 4th line of the first section. The same was funher amended, on motion of Mr. McD,miel, by striking out the words ''high mi,demeanor," wherever they occur in the bill, and inserting, in lieu thereof, the word ''felony," The report, as amended, was agreed to. The bill was reJ.d the third time and pJ.ssed, as amended, by a constitutional majority, there being ayes, 29; nays, o. Tne Senate took up, as the report of the Committee of the 'vVhole, the bill of the House. "To allow the board of commissioners of Newton county to assess an additional tax over and above the amount now allowed by law, for the year 1879, and for so m~my years thereafter as the board may think proper, to pay the indebtedness of the county." [Mr. McDaniel submitted to the Senate satisfactory evi dence that notice had been given of intention to apply for the passage of this bill, as required by the Constitution and laws of this State.] The report was agreed to. The bill was read the third time and passed, by a constitutional majority, there being ayes, 27 ; nays, o.

SEPTEMf3ER IS, 1879

The Senate took 1:p, as the report of the Committee of

the Whole, the bill of the House "To incorporate the

Oconee River Steamboat Company."

[Mr. Bower presented to the Senate satisfactory evi-

dence that legal notice of the intention to apply for the
passage of this bill had been given. J

The report was agreed to.

The bill was read the third time and passed, by a con-

stitutional m;;jority, there being ayes, 29; nays, o.

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

the Whole, the bill ofthe House "For the relief of Benja-

min Mathews, of the county of Chattahoochee."

The bill was amended, on motion of Mr. Grimes, by

inserting, in the title rhereof, the initial letter "F." be-

tween the words "Benjamin" and the word "Mathews."

[Mr. Grimes submitted to the Senate satisfactory evi-

dence that legal notice had been given of the intention to

apply for the passJge of this bill.

The report, as amended, was agreed to.

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

its passage, as amended, the ayes and nays were required

to be recordt"d.

Those who voted in the affirmative are, t0-wit-Messrs.

Bower, Bryan, Cahan iss, Casey, Clements, Clifton, Drake,
DuBose, Duncan, Fain,
Folks,

Grantland,
Grimes, Hamilton 11f the 14th, Htt111:lton of tile 21st, Hawkins, Heacl,
Holcombe, Hulton, Hudson, Lumpkin,

:McDimiel,
l\lc Leocl, Perry,
Pres' on, Simmous, Speer, S aten, Tison of the 4th, Troutman, Turner.

Ayes, 31. Nays, o.

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

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

the Whole, the bill of the House ''To consolidate, amend

and supersede the several acts incorporating the town 'of

Senoia, in the county of Coweta; to repeal conflicting laws;
provide for a mayor and coLtncil; prescribe their powers a11d duties, and for other purposes."
[Mr. Duncan submitted to the Senate satisfactory evi. aence that legal notice had been given of intention to apply for the passage of this bill.]
'The same was amended,in accordance with the report of : the Committee on Local and Special bills, as follows:
:Strike from section rst the words "taken and received :as;" also strike from the 7th line of said section, the word
'or," and insert in lieu thereof the word ''and;" strike out all of the rst section after the word "passed," in the 9th line, and insert, in lieu thereof, the following: "are hereby amended so as to conform to this act."
zd. Strike out all of section 5 after the word "office," in the 5th line, and insert, in lieu thereof, the following, to wit: "Be sworn to perform the duties of their respective offices to the best of their skill and ability."
3d. Strike out section 7, and insert, in lieu thereof, the following, towit: "Be it jurtller enaett:d, That in the event the mayor, from sickness or other cause, cannot, at any time, perform the duties of his office, the council may elect a mayor pro. tem. from their body."
4th. Strike out the words "for each offense," in the 6th line of the 19th section.
The report, as c.mended, was agreed to. The bill was read the third time and passed, by a consti tutional majority, there being ayes, 28; nays, o. The foll<)Wing bills of the House of Representatives were taken up for a third reading, but without being read, laid on the table for the present, towit: A bill ''To repeal an act to prohibit the imposition of more than 50 per cent. upon the State tax for county pur poses, on any account whatever, in the county of Jackson, and for other purposes," and A bill "To provide compensation for the commissioners.

SEPTEMBER r6, r879.
of roads and revenues for the county of Mitchell, and the manner of paying the same."
The Senate took up, as the report of the Committee of
the Whole, the bill of the House "To carry into effect the
last clause of paragr8 ph 1, section 1, article 7 ofthe Consti-
tution of 1877." The report was agreed to, and pending the question:
"Shall the bill now pass ?" Mr. Speer moved that the same be made the special order for Thursday next.
Mr. Hudson proposed to amend this motion by requiring :Dfty copies thereof to be printed for the use of the Senate.
Pending action on these prCJilositions, the Senate, on :motion, adjourned until 9 o'clock, a. m., to-morrow.

SENATE CHAMBER, } Tuesday, September 16th, 1879, 9 o'clock, a. m.

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

Prayer by the Chaplain.

On the call of the roll, the following Senators answered to their namP.s, to-wit :

Boyd, Bower, Bryan,. Cabaniss,
Canuler, Casey, Clements, Clifton,
Cummiug, Drake, Dnl3ose, Duncan, Fain,

Folks, Grantland, GrimeR, Hamilton of the 14th,
Hamilton of tile 21st, Harris,n, Hawkins, Head,
Hnlcnmbe, Holton, Ho\nll, Hudson, Lumpkin,

McDaniel, McLeod, Perry, Preston, Russell, Simmons, Speer, Staten, Tison of the 4th, Tr utman, Turner, Wellborn,
:MR. PRESIDENT.

The journal was read and approved.

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

granted Mr..Clarke for to day, on account of his personal indisposition.

On motion of Mr. Duncan, the Senate reconsidered so

JouRNAL oF THE SENATE

much of the journal of yesterday as relates to the passage of the bill of the House "To amend the charter of Senoia,
in Coweta county."

The same was taken up, under a suspf'nsion of the rule, and referred to the Committee on Local and Special Bills. . The Senate resumed consideration of the unfinished business of yesterday, to.wit: the bill of the House "To carry into effect the last clause of paragraph I, section 1, article 7, of the Co:1stitution of 1877."
The motions to defer and to print, submitted yesterday,.

were \Vithdrawn. Mr. Hudson called for the previous question. The call
was sustained and the main question was put, to-wit: "Shall the bill now pass?" the report of the committee having been agreed to yesterday.
On this question the ayes and nays were required to be recorded.
Those who voted in the affirmative are, to-wit-Messrs.

Boyd, Bower, Bryan, Cabaniss, Candler, Casey, Clements, Clifton, Cumming, Drake, DuBose, Duncan,

Fain, Folks, Grantland, Hamilton of the 14th, Hamilton of the 21st, Harri-on Hawkins: Head, Holcombe, Howell, Hudson, l\1cDaniel,

McLeod, Perry, Preston,
Rus~ell,
Simmons, Speer, Staten, Tison of the 4th.
Troutman, Tunwr, WellLom. MR. PnRSIDENT.

Those voting in the negative are, to-wit-Messrs.

Holton,

Lumpkin.

Ayes, 36. Nays, 2.

So the bill was passed by a constitutional majority.

Mr. Russell, chairman of the Committee on Enrollment,

submit~ed the following report:

Mr. President :

The Committee on Enrollment report as duly enrolled,

and ready for the signature of the President of the Senate,

the following bill, to-wit :

SEPTEMBER 16, t 879.

A bill "To prescribe the times of holding the Superior

Courts."

The following message was received from the House of

Representatives, through Mr. Goetchius, the Clerk thereof:

Mr. President:

The House of Representatives has passed the following

bills, to-wit:

A bill "To be entitled an act _to incorporate the

Thomasville Railroad Company, and to grant certain

privileges to the same."

Also a bill "To be entitled an act to entirely prohibit

the sale of spirituous or intoxicating liquors within the

limits of Irwin county."

Also a bill "To be entitled an act to incorporate into

the corporate limits of the city of Albany, Georgia, the

grounds and premises of the Southwest Georgia Industrial

Association, for park and police purposes, and for other

purposes."

Also a bill "To be entitled an act to change the time

of holding the Superior Courts of Fayette county."

Also a bill "To be entitled an act to incorporate the

Americus Guarantee Association_"

Also a bill ''To be entitled an act to authorize the erec-

tion of a court house for the county of Fulton, and the

creation of a debt by an issue of bonds or otherwise, and

a levy of an extra tax for said purpose, sb far as may be necessary_"

Also a bill "To be entitled an act to repeal section 1 of

an act entitled an act to amend the charter of the city of

Milledgeville, approved February I 5th, I 876, to confer

additional powers on the mayor and council of said city, and for other purposes_"

Also a bill ''To be entitled an act to empower the

county commissioners of Coweta county to purchase the

bridge at Moor's Ferry, on the Chattahoochee river, anq

for other purposes,"

,

JouRNAL OF THE SENATE
Also a bill ''To be entitled an act to amend an act entitled an act to establish a City Court in the city of Atlanta, approved December rsth, I8JI, approved February 25th, 1874, so as to provide that the judge of said court shall receive a salary of two thousand dollars per annum."
. Also a bill "To be entitled an act to repeal an act creating a board of commissioners of roads and revenue for the county of Paulding, approved December 13th, 1871."
Also a bill "To be entitled an act to prohibit the sale of spirituous, malt and intoxicating liquors for a valuable consideration, in certain localities in this State, and to pre scribe a penalty therefor."
Also a bill ''To be entitled an act to authorize the county commissioners in the several counties in this State to appoint their own clerk."
Also a bill "To be entitled an act to incorporate the Gate City Street Railroad Company, and for other purposes."
Also a bill ''To be entitled an act to repeal the acts creating and organizing county criminal courts for the counties of Bartow and Washington, and to provide for the transfer of the business pending in said courts."
Also a bill "To be entitled an act to regulate the practice in the courts of this State, as to requests to charge the jury."
Also a bill ''To be entitled an act to exempt locomotive engineers, employed in running locomotive engines upon the railroads in this State, from liability to serve as jurors in this State."
Also a bill "To repeal an act to regulate the pay of jurors in Macon county, approved February 23d, r8;6."
Also a bill "To be entitled an act to amend an act entitled an act to alter the laws of this State relative to the summary establishment of lost papers, approved February 25th, 1876."
Also a bill "To be entitled an act to prohibit Judges of

SEPTEMBER r6, 1879

393

the Superior Courts in this State from limiting the length of arguments of counsel or parties in the trial of causes in said courts."
Also a bill "To be entitled an act to regulate the practice in cases of writs enjoining sheriffs' sales."
Also a bill "To be entitled an act to repeal the several acts establishing commissioners of roads and revenues in the counties of ]ones, Chattahoochee, Douglas, Floyd, Bulloch and Heard, respectively," and I am instructed to transmit the same to the Senate immediately.
On motion of Mr. Candler, the Senate took up, as the report of the Committee of the Whole, the bill of the House 'To repeal an act to prohibit the imposition of more than 50 per cent. upon the State tax for county purposes, any account whatever, in the county of Jackson, and for other purposes."
The report was agreed to. The bill was read the third time and passed, by a constitutional majority, there being ayes, 3 r ; nays, o. Mr. McDan:el, chairman of the Judiciary Committee, made a report on certain bills, which was read, recommending therein the reference oi cert<::.in bills to appropriate committees, to-wit: the bill of the House ''For the relief of the Macon and Augusta Railroad Company," to the Committee on Finance, and the bill "To repeal so much of an act as relates to the county of Lowndes, which regulates the school system in certain counties," to the Committee on Education. On motion of Mr. \Vellborn, the references of the foregoing bills was made in accordance with the recommendation of the Judiciary Committee. On motion of Mr. Cabaniss, the report of the Conference Committee on the House amenJments to the bill of the Senate "To reduce and regulate the fees of tax re ceivers and collectors in all the counties of the State ; to repeal all local laws relating thereto, and for other pur-

394

}OURNAL OF THE SENATE

poses," was taken up and made the special order for to-morrow, immediately after the reading of the journal.
On motion of Mr. Russell, the Senate took up the report of the Committee of the Whole on the bill of the House ''To authorize the corporation of the city of Bainbridge to levy a tax for the purpose of establishing and maintai'ing public schools in and for the municipality of Bainbridge, under and in conformity to section 3, articleS, of the Constitution of Georgia."
The same was amended, in accordance with the recommendation of the Committee on Education, as follows, towit: Amend the caption by substituting "section 4' for "section 3,'' in the rst line thereof. Add at the cJo<;e of the title the following, towit : 'and to authorize the county school commissioner of said county to pay over to the trustees of said city schools such part of the State school fund as may be their just pro rata share thereof."
Amend section 1st by inserting between the words ''Georgia" and the word ''that," in the zd line,. the words: "(The corporate authorities of the city of Bainbridge having so recommended.")
Amend section zd by adding at the end thereof, the following proviso, to-wit: "Provided, That no child or children shall be excluded from the benefit of said school, whose parent or guardian is a resident of said city, and has paid taxes to said corporation for the year such benefits may be claimed."
The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority, there beitlg ayes, 3 r; nays, o. At 10 o'clock, a. m., the President announced: ''The time for that purpose having arrived, the Senate will, according to order, resume its session as a Court of Impeachment," and yielded the chair. At the conclusion of the session of the High Court of Impeachment, the President resumed the chair, and an-

SEPTEMBER 16, 1879.

395

nounced: "The Senate is now in session for legislative purposes."
The Senate took up, as the report of the committee of the whole, on the bill of the House ''To provide for the creation of boards of commissioners of roads and revenue in the counties of Emanuel, Marion and Johnson ; to prescribe their powers and duties, and to limit the compensation of the officers employed by them."
The same was amended by striking from the 41st and 42d lines the words "or offered by," and inserting, in lieu thereof, the following, to wit: ''By or asked for."
Also amended by striking from the latter part of the 6th section, the figures " I 866," and inserting, in lieu thereof, the figures "I 868." Said amendments having been reported by the Committee on Local and Special bills.
[Mr. McLeod submitted to the Senate satisfactory evidence that the legal notice required as to notice of intention to apply for the passage of this bill had been given.]
The report, as amended, was agreed to.
The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 26; nays, o.
The bill of the House "To provide for the suspension of the Treasurer, or Comptroller-General of the State, from the discharge of the duties of their offi:::es, in certain cases, and, also, for the appointment of suitable persons to discharge the duties oft he same," was read the third time.
On motion of Mr. Cabaniss, the joint resolution from the House "Authorizing the State TreasLJI'Cr to pay interest due on certain bonds of this State, therein mentioned," was taken up.
The ::ienate had amended the same, and the House refused to concur in said amendment.
Mr. Cabaniss moved that the Senate recede from its amendment thereto. Pending action on said proposition, the resolution was referred to the Committee on Finance.

]OURNAL OF THE SENATK
The following bills of the House were read the first time, and referred to the Committee on Finance, to-wit:
A bill "To repeal an act to regulate the pay of jurors in Macon county, approved February 23d, 1876."
A bill "To authorize the erection of a court house for the county of Fulton, and the creation of a debt, by an issue of bonds or otherwise, and a levy of an extra tax for said purpose, so far as may be necessary."
The following bills of the House were read the first time, and referred to the Committee on Corporations, to wit:
A bill "To incorporate the Gate City Street Hailroad Company, and for other ,"'urposes," and
A bill "To incorporate the American Guarantee Association."
The following bills of the House were read the first time, and referred to the Committee on Local and Special Bills, to-wit:
A bill 'To repeal an act creating a board of commissioners of roads and revenue for the county of Paulding, approved December 17th, 187r."
A bill 'To repeal section 1 of an act entitled an act to amend the charter of the city of Milledgeville, approved February rsth, 1876."
A bill ''To incorporate into the corporate limits of the city of Albany, Ga., the grounds and premises of the South west Georgia Industrial Association."
A bill 'To entirely prohibit the sale of spirituous liquors in Irwin county."
A bill ''To empower the county commissioners of Coweta county to purchase the bridge at Moore's Ferry, on the Chattahoohee river, and for other purposes."
A bill 'To change the time of holding the Superior Courts of Fayettee county."
A bill To amend an act entitled an act to establish a City Court in the city of Atlanta, approved December I sth, 1871, approved February 25th, 1874, so as to provide

that the judge of said court shall receive a salary of two thousand dollars per annum."
A bill "To prohibit the sale of liquor, for a valuable consideration, in certain localities in this State, and to prescribe a penalty therefor," and
A bill "To incorporate the Thomasville Railroad Company, and to grant certain privileges to the same."
The following bills of the House were read the first time, and referred to the Committee on the Judiciary, to-wit: A bill "To repeal the acts creating and' organizing county criminal courts for the co.unties of B:lrtow and \Vashington, and to provide for the transfer of the business pending in said courts."
A bill "To regulate the practice in the courts of this State, as to requests to charse the jury."
A bill ''To regulate the practice in writs enjoining sheriffs' sales."
A hili "To amend an act f'ntitled an act to alter the law of this State relative to the establishment of lost papers, approved Febru:uy 25th, 1876."
A bill 'To prohibit judges of the Superior Courts of this State from limiting- the length of arguments of counsels, or parties, in the tr:al of causes in said courts."
A bill ''To exempt locomotive engineers, employed in running locomotive engines upon the rai1roads in this State, from jury duty."
A bill "To repeal the several acts establishing a board of commissioners of ro...ds and revenues in the counties of Jones, Chattahoochee, Douglas, Floyd, Bulloch and Heard, respectively," and
A bill "To authorize the board of county commissioners in the several counties of this State to appoint ~heir own clerks."
The following bills of the House were read the second time and passed to a third reading, to-wit:
A bill "To prevent the giving or promising to give, by

JouRNAL OF THE SENATE
any person, for himself or for another, or for any bank or corporation, any fee, interest or reward, to the State Treasurer, or any other officer of the State, or to any other person wh<ttever, for the deposit or use of money of the State, and to prescribe a penalty therefor."
A bill ''To prescribe the method of granting license to sell intoxicating liquor in the county of Bulloch, and to increase the fee for the same."
A bill "To make it the duty of freeholders, or their agents, to return the names of all tax-payers residing upon their premises, on the first day of April of each year," and
A bill ''To fix the time for holding the ~uperior Courts for the county of Clinch, and for other purposes."
The bill of the House ''To define and enlarge the duties of the Attorney-General of thi.:; State" was taken up for a second reading, under the ad verse report of the Committee on the Judiciary, and, on motion of Mr. Perry, laid on the table for the present, and subject to his call.
The adverse report of the Judiciary Committee on the following bills of the House was agreed to, and the bills were, therefore, lost, to-wit :
A bill ''To provide that every judge of the Supreme, Superior, City or County Court, who is the owner of any share or stock in a railroad company, or who is an officer or agent of such company, shall be disqualified to preside in the trial of any canse, by or against any railroad company," and
A bill "To prohibit the employment or retention of any minor, by any person in this State, after notice from the parent or guardian that such employment is without and contrary to his or her consent, and to punish any violation of the same."
The Senate, on motion, adjourned until 9 o'clock, a. m., to-morrow.

SEPTEMBER 17, 1879

399

SENATE CHAMBER, } WednesdaJ', September I 7, I 879, 9 o'clock, a. m,

The Senate met pursuant to adjournment, the President

in the chair.

Prayer by the Chaplain.

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

their names,
Boyrl, Bower, Brvnn, Cahan iss, Candler,
( uey,
CCliurnkHc~ts,
Clift!ll,
C'nnuning, Drake, Dnl3ose,
Dnnc~n,
Fain,

to-wit:

FolkB,

Grantland,

Grimes,

Han1ilton of the 14th,

Hamilton of the 21st,

H.trric,nn,



1-J,l-,rkius,

Ht:JtL

Hnlcotnbe,

lldt. 11, Howell,

Hnd;on,

Lumpkin,

.McDaniel, McLeod, Perrv, PrP;ton,
Ru:olell.
oimmons, Speu, Sta:en, Tisn of the 4th, Trnntman,
Tnrner, vVellbnrn, 1\In. Pm:smE~T.

The journal was read and approved.

On motion of 1\'Ir. Cumming, leave of absence was

granted Mr. Stephens on account of sickness.

On motion of Mr. Cabaniss, so much of the journal of

yesterday was reconsidered as relates to the passage of the

bill of the House 'To carry into effect the last clause of

paragraph I, section I, article 7 of the Constitution of

1877."

On motion of Mr. Cabaniss, the foregoi11g bill was taken

up for final action. The report was amended, on his mo-

tion, by striking out all of the first section between the word "while," in th~ fifth line, and the word "who," in

the tenth line of said section.

On motion of Mr. Preston, the same was further amend-

ed by inserting the words "bona fide'' before the word

"resident," in the third line of the first section.

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.

400

JoURNAL OF THE SENATE

Boyd, Bower, Bryan,
Cabaniss, Candler CClaasreky~, ' Ulements, Clifton,
Cumming, Drake, DuBose, Dnncan,

Fain,

McLeod,

Folks,

Peny,

Grantland,

Preston,

Grimes,

Rnsticll,

Hamilton of the 14th, Simmons,

Hamilton of the 21st, Speer,

Harrison,

Staten,

Hawkins,

Tison of the 4th,

Ht>ad,

Troutman,

Holcombe,

Tumer,

HowPII,

Wellborn,

McDaniel,

MR. PRESIDENT.

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

Holton,

Lumpkin.

Ayes, 37 Nays, 2.

So the bill was passed, as amended, by a constitutional

majority.

Mr. Russell, chairman of the Committee on Enrollment,

submitted the following report:

JY!r. Prcszdent :

The Committee on Enrollment report as duly enrolled,

signed by the Speaker of the House of Representatives,

and ready for the signature of the President of the Senate,

the following acts, to wit:

An act "To amend an act to consolidate, amend and

supersede the several acts incorporating the town of Car-

rollton, in the county of Carroll, and to grant certain priv-

leges to the same, approved August 20, 1872."

Also an act 'To exempt from jury duty ministers of the

gospel, apothecaries, school teachers, millers, ferrymen,

certain railroad employes, all male. persons over sixty

years old, all telegraph operators, and certain firemen."

Also an act ''To amend section 2 of an act to repeal an

act to incorporate the town of Hillsborough, in the county

of Floyd, .and for other purposes."

Also an act To allow the Board of Commissioners of

Newton county to assess an additional tax over and above

the amount now allowed by law, for the year 1879. and for

so many years thereafter as the board may think proper,

to pay the indebtedness of the county."

SEPI'EMBER 1'7, 1879-

401

Also an act ''To amend an act to incorporate the town

of Eastman, in the county of Dodge; to define the limits of

the same; approved December I 5th, I 87 I." Also an act "To incorporate the Oconee River Steam]

boat Company."

D. A. RussELL,

Chairman.

Mr. Cabaniss, chairman of the FinaiKe Committee, Mr.

McDaniel, chairman of the Judiciary Committee, and Mr.

Grantland, chairman p1o tcm. of the Committee on Cor-

porations, made reports, which were read, on certain bills

of the House referred to said committees, respectively.

The following message was received from the House

of Representatives, through Mr. Geotchius, the Clerk

thereof:

lJ!r. President: The House of Representatives has passed the following

bills, to-wit:

A bill ''To be entitled an act to empower the authorities

of the city of Darien, in this State, to compel wharf owners

to keep their wharves in good order, and owners of im-

proved lots in said city to construct and keep in repair

suitable pavements in front of the same, and to adopt and

enforce certain other sanitary measures, on the recommen-

dation of the city board of health."

Also a bill "To be entitled an act to amend an act enti-

tled an act to incorporate the town of Social Circle, in the

county of Walton, and to appoint commissioners for the

same, and to point out the mode of electing commissioners,

etc., and for other purposes, approved March 18th, 1869,

wherein the taxing power conferred by said act incorpor-

ating said town, shall be enlarged; and further corporate

powers and privileges, herein named, may be exercised by said town."

Also a bill "To be entitled an act to provide for the

treation of boards of commissioners of roads and revenue . 26

402

JoURNAL OF THE SENA~E

in the counties of Cobb, Dooly, Henry, Telfair and Wasfr. ington, in this State ; to prescribe their powers and duties, and to fix their compensation and the pay of officers em ployed by them."
The House has concurred in the amendments of the Senate to the following bills of the House, to-wit:
A bill "To be entitled an act for the relief of Benjamin
F. Mathews, of the county of Cl;lattahoochee."
Also a bill "To be entitled an act to carry into effect paragraph 5, section 2, article 5 of the Constitution, and to prohibit the State Treasurer, or any other officer of this State or county, from using, either directly or indirectlyt any money of the State, and for other purposes," and I am instructed to transmit this action of the House to the Senate immediately..
The Senate took up the special order for the morning, to-wit : the report of the Committee on Conference on the bill of the Senate "To reduce and regulate the fees of tax receivers and collectors in all the counties of the State; to repeal all loaal laws relating thereto, and for other purposes.''
Said report is as follows, to-wit: Mr. President:
The Conference Committee on the Senate biil, No. 7,
entitled "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 relating thereto, and for other purposes," beg leave to report that they have agreed to recommend that, for the substitute for said bill passed by the llouse, the Senate bill to be amended by striking out all of section first after the enacting clause, and substituting therefor the following: "That from and after the first day of January, 1880, the commissions to be allowed to such receiver :and collector of State and county tax shall be as follows," viz : On all digests for the first $r,ooo ...............06 per cent.

SttPTEMBER 17, 1879-

On all digests for the excess over $I ,ooo to

$2,000..... .......................................04 per cent.

On all digests for the excess over $2,000 to

$3,000 ...... .......................................03 per cent.

On all digests for_ the excess over $3,000 to

$4.000.............................................02% per cent.

On all digests for the excess over $4.000 to

$6, ooo ........................................... 02 ~ per cent.

On all digests for the excess over $6,ooo to

$8,ooo .................................. ;........02 7{. per cent.

On all digests for the excess over $8,ooo to

$12,ooo ......... .................................02 per cent.

On all digests for the excess over $I 2,000 to

$r8,ooo ..........................................or% per cent.

On all digests for the excess over$r8,ooo to

$36,ooo...... ...... ...... ...................... or~ per cent.

On all digests for the excess over $36,ooo....or 7{. per cent.

(Signed)

T. B. CABANISS,

E. P. HOWELL,
w. H. SIMMONS,

Committee 011 tJze part of tlze Senate.

B. M. DAVIS,

Lours F. GARRARD,

]. G. PHINIZY,

Committee on the part of the House.

The report was agreed to.

The following bills of the House were read the second

time and passed to a third reading, to-wit :

A bill ''To provide for the appointment of a prose-

euting attorney for the county of Pulaski, and define his

duties "

A bill ''To repeal an act to regulate the pay of jurors in

Macon county, approved February 23d, 1876."

A bill ''To authorize and require the Comptroller-Gen-

eral to accept, as a basis of taxation of the Upson County

Railroad for the four years it is in default, the taxable



jOURNAL OF THE SENATE
value thereof, as determined by arbitration for the year 1878, and to relieve said railroad from the penalties attached because of said default."
A bill' 'To repeal an act to reduce the salaries of tax receiver, tax collector and school commissioner for the county of Forsyth, State of Georgia, approved February 27th, 1877."
A bill "To divert the unexpended part of the Ohoopie River Fund, in the county of Tatnall, to educational purposes in said county."
A bill "To repeal an act to require the registration of voters of Mcintosh county."
A bill To amend an act to consolidate, amend and codify the various acts incorporating the city of Forsyth, in the county of Monroe, and the various acts amendatory thereof, approved March 5th, 1875, so as to allow the mayor and aldermen to levy ami collect a tax on all professions, business and callings carried on in said city."
A bill 'To repeal an act entitled an act to prohibit the sale of spirituous liquors in the incorporate limits of the town of Sharpsburg, in the county of Coweta, approved February 24th, 1877."
A bill 'To repeal the 43d section of an act to amend the several acts incorporating the city of Gainesville, in Hall county, and an act to establish a City Court for said city, prescribe its powers, etc., so far as relates to the establishing a criminal court in said city of Gainesville."
A bill 'To alter and amend the road laws of the State, so far as the same relate to the county of DeKalb, and provide for the working of the public roads of said county . by convict labor, and to authorize the ordinary of said county to levy and collect a tax for said purpose."
A bill "To fix the compensation of tax receiver and collector of Cherokee county, and for other purposes."
A bill To prevent the dismissal of cases in the Supreme Court for want of the certificate of the presiding


SEP'I'l:MBl!:R 17. I 879-

judge, where the said judge has pronounced judgment in a motion for new trial, and bill of exceptions filed, and for other purposes."

A bill 'To alter and amend the road laws, so far as

relates to the county of Effingham, and for other pur-

poses."

_

A bill "To authorize the erection of a court house for

the county of Fulton, and the creation of a debt, by an

_issue of bonds or otherwise, and a I evy of an extra tax for

said purpose, so far as may be necussary."

A bill "For the relief of the Macon and Augusta Railroad Company from an over-assessment of taxes for the years 1874, 1875, 1876and 1877, and for otherpurposes," and

A bill "To amend the charter of the Barnard and Anderson Street Railroad, so as to extend the road bed."

At the hour of 10 o'clock, a. m., the President announced: '' The time for that purpose having arrived, the Senate will, according to order, resume its session as a Court of Impeachment," and yielded the chair to the Chief Justice.
The session of the High Court of Impeachment being concluded, the President resumed the chair and an~ nounced : "The Senate is now in session for legislative purposes," whereupon, on motion, the Senate adjourned until 3 o'clock and 25 minutes, p. m., this day.

3:25 o'cLOCK, P. M. The Senate met pursuant to adjournment, the President in the chair. At 3~ o'clock, p. m., the President announced: "The time for that purpose having arrived, the Senate will, ac cording to order, resume its session as a Court of Impeach ment," and yielded the chair to the Chief Justice, At the conclusion of the afternoon session ofthe Court of lmpeachment, the President resumed the chair and an-

JouRNAL OF THE SENATE
nounced: ''The Senate is now in session for legislative purposes."
On motion of Mr. Hudson, Mr. Candler was added to the Committee on Railroads.
The Senate, on motion, adjourned until 9 o'clock, a. m., to-morrow.

SENATE CHAMBER, } Tltursday, September 18tlz, 1879, 9 o'clock, a. m.

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

Prayer by the Chaplain.

On the call of the roll, the following Senators answered

to their names, to-wit:

Boyd, Bower, Bryan,
Cabaniss, Candler, Casey, Clarke, Cleme11ts, Clifton, Cumming, Drake, DuBose,
Duncan, Fain,

Folks, Grantland, Grimes, Hamilton nf the 14th, Hamilton of the 21st, H<ttris.,n, Hawkins, Head 11 olcc'nnbe, Holton, Howell,
Hudson, Lumpkin,

McDaniel, l\lcLeod, Perry, Preston, Russell, Simmons, Speer, Staten, Tison of the 4th, Troutman, Turner, Wellborn,
MR. PRESIDENT.

The journal was read and approved.

Leave of absence was granted Mr. Holcombe for Satur-

day and Mond.1y next.

On rriotion of Mr. Perry, the rules were suspended and the Senate took up, as the report of the Committee of the Whole, the bill of the House ''To prescribe the method of granting license to sell intoxicating liquors in the county of Bulloch, and to increase the fee for the same to five thousand dollars. "
The_report_was agreed to.


SEPTEMBER I 8, 1879
The bill was read the third time and passed, by a constitutional majority., there being ayes, 33 ; nays, o.
The Senate, on motion of Mr. Cumming, took up, as the report of the Committee of the Whole, the bill of the House "For the relief of the Macon and Augusta Railroad Company from an over-assessment of taxes for the years 1874, 1875, 1876 and 1877, and for other purposes."
The report was agreed to. The bill was read the third time and passed, by a con:stitutional majority, there being ayes, 23 ; nays, 1. (Mr. Bower voting nay). On motion of Mr. Cumming, the last mentioned bill1 and on motion of Mr. Perry the bill immediately preceding it, were ordered to be transmitted forthwith to the House. 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 signed the following act, to-wit: An act "To prescribe the time of holding the Superior Courts,'' The following bills of the House were read the first time and referred to the Committee on Local and Special bills, to-wit: A bill 'To provide for the creation of boards of commissicmers of roads and revenue in the counties ot Cobb, Dooly, Henry, Telfair and \iVashington, in this Sta.te; to prescribe their powers and duties, and to fix their compensation anc.l the pc.y of officers employed by them;" and A bill "To empower the authorities of the city of Darien, in this State, to compel wharf owners to keep their wharve<; in good order, and owners of improved lots in said city to construct and keep in repair suitable pavements in front of the same, and to adopt and enforce certain other


JouRNAL OF THE SENATE
s~nitary measures, on the recommendation of the city board of health."
The bill of the House "To amend an act entitled an act to incorporate the town of Social Circle, in the countyof Walton, and to appoint commissioners for the same, and to point out the mode of electing comrr,issioners, etc., and for other purposes, approved March r8, r869, wherein the taxing power conferred by said act incorporating said town shall be enlarged; and further corporate powers and privileges herein named may be exercised by said town," was read the first time and referred to the Committee on the Judiciary.
The following bills of the House of Representatives were read the second time, and passed to a third reading, to-wit:
A bill "To regulate the manner of letting out contracts to build or repair public buildings, bridges, causeways, or other public works, in the several counties of this State, and for other purposes."
A bill "To amend section 4637 of the Code of Georgia, in reference to the statements of prisoners in cases of felony, and the act of 1874, amendatory thereof, entitled an act to amend section 4637 of the Code of Georgia, by striking out the words ' for a felony,' in the second line of said section. Said last mentioned act approved 28th Feb ruary, 1874"
A bill "To amend section 3623 of the Code of 1873."
A bill ''To incorporate the Savannah Trust and Safe Deposit Company," etc. etc.
A bill ''To repeal an act entitled an act to abolish the office of treasurer of the county of Pulaski, to vest the duties of said office in the judge of the County Court, and for other purposes, approved February 4th, 1875, and to provide for the discharge ofthe duties of said office, until an election shall be held for said office," and
A bill ''To change so much of the law in relation to

SEPTEMBER t8, I 879..
grand jurors in l'ulaski county as provides for two panels of grand jurors, so as to reduce the same to one."
At the hour of 9~ o'clock, a. m., the appearance of a Committee ofthe House of Representatives at the door of the Senate was announced, and the committee was ordered to be admitted by the Doorkeeper.
The committee was received, and Mr. Miller, the chairman thereof, announced that in the name of the House of Representatives, and of all the people of Georgia, they had appeared, by direction of the House of Representatives, to charge John W. Renfroe, Treasurer of this State, with high crimes and misdemeanors, and that the !louse would, in due time, present formal articles of impeachment against the said John 'vV. Renfroe, Treasurer, and demanded "that the Senate should take due order in the premises.
The President announced, in reply: ''The Senate will take due order in the premises, of which the House shall be duly notified," and the Committee of the House retired from the S~nate.
The Senate took up, as the report of the Committee of the Whole, the bill of the House 'To provide for the suspension of the Treasurer, or Comptroller-General of the State, from the discharge of the duties of their offices, in certain cases, and, also, for the appointment of suitable persons to discharge the duties of the same."
The bill was amended as follows, in accordance with the report of the Committee on the Judiciary, to-wit: Amend the title by inserting after the word ''act," in the Ist line, the following: "To carry into effect paragraph I 8, section I, article 5 of the Constitution of I 877."
Amend section 2, by striking out all words between the word ''Governor," in the I 5th line, and the word "suspend," in the 24th line, and insert, in lieu thereof, the word ''to."
The report, as amended, was agreed to. The bill was read the' third time and passed, as amended,

410

JouRNAL oF THE SENATE

by a constitutional majority, there being ayes, 28; nays, 1.

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

the Whole, the bill of the House "To make it the duty

of freeholders, or their agents, to return the names of all

tax-payers residing upon their premises on the first day of

April of each year."

The report was agreed to.

The bill was read the third time and passed, by a con-

stitutional majority, there being ayes 26; nays, 4

Mr. Russell, chairman of the Committee on Enrollment,

submitted the follO\ving report:

Mr. President:

The Committee on Enrollment report as duly enrolled,

sign"ed by the Speaker of the House of Representatives,

and ready for the signature of the President of the Sen-

ate, the following acts, to-wit:

An act ''To carry into effect paragraph 5, section 2, article 5 of the Constitution, and to prohibit the State Treas-

urer, or any other officer of this State or county, from

using, either directly or indirectly, any money of the

State, and for other purposes."

Also an act ''For the relief of ,Benjamin F. Matthews,

of the county of Chattahoochee."

D. A. RussELL,

Clzairman.

At the hour of 10 o'clock, a. m., the President ail

nounced: ''The time for that purpose having arrived, the

Senate will, according to order, resume its session as a

High Court of Impeachment," and yielded the chair to the

Chief Justice.

At the conclusion of the morning session of the High

Court of Impeachment, the President resumed the chair

and announced: "The Senate is now in session for legis

lative purposes."

The Senate adjourned, on motion, until 3:25 o'clock, p.

m,, this day.

4II
3:25 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 "To prevent the giving, or promising to give, by any person for himself, or for another, or for any bank; or corporation any fee, interest or reward, to the State Treasurer, or any other officer of the State, or to any other person whatever, for the deposit or use of money of the State, and to prescribe a penalty therefor."
The same was amended, in accordance with the report of the Judiciary Committee, as follows:
Amend section 1st by inserting after the word "whatsoever," in the 6th line, the words 'for the private benefit of such officer or other person.''
Amend section 1st further, by striking out the words "high misdemeanor," and inserting, in lieu thereof, the word "felony."
The report1 as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional vote, there being ayes, 24; nays, 1. The Senate took up, as the report of the Committee of the Whole, the bill of the House "To fix the time for holding the Superior Courts in the county of Clinch, and for other purpose;. " The report was agreed to. The bill was read the third time and passed, there being ayes, 24 ; nays, I. At 3~ o'clock, a.m., the President announced: "The time for that purpose having arrived, the Senate will now, according to order, resume its session as a Court of Im peachment," and yielded the chair. At the conclusion of the afternoon session of the High Court of Impeachment, the President resumed the chair, and announced: ''The Senate is now in session for legis;

]OUKNAL OF TH~ SENATE
lative purposes." Whereupon, on motion, the Senate 3c;ljouroed until 9 o'clock, a. m., to-morrow.

SENATE CHAMBER, } Friday, September I 9th, I 879, 9 o'clock, a. m.

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

Prayer by the Chaplain.

On the call of the roll, the following Sendtors answered to their names, to-wit :

B'lyd, Bower, Hryan, Cabaniss, Caucller, Casey, I Iarke, Clements,
Clifton, Ctanming, Dmke, Dnllrose, Duncan,

Fain. Folks, Grantland, Grimes, Han1ilton of the 14th,
Httmilton of the 21st, Hflt'l'ison, H>twkins,
Hole mbe, Holton, Howell,
Hnd~rn,
Lumpkin,

~IcDaniel,
McLeod, Perry, Preston,
Ru~sell,
Simmons, Sp<'er, St>tten, Tison of the 4th, Troutman, Turner, Wellhnrn,
}JR. PRESIDENT.

The journal was read and approved.

Mr. Russell offered the following privileged resolution, which was read and agreed to, to-wit:

''Resolved, That Hon. H. F. Sharon and Hon. Ben. E. Ru~sell be invited to seats on the floor of the Senate during

their stay in this city." . The following message was received from the House of

Representatives, through Mr. Goetchius, the Clerk thereof:

Mr. .P1esdcnt:

The House of Representatives has passed the following

bills, to-wit: A bill' "To be entitled an act to amend section 28 I of

the Code." Also a bill "To be entitled an act to repeal an act,
~pllrove&J ~ebru~ry 26th, 1877, authorizing and requiri~g

SEPTEMBER 19, 1879

413

the county commissioners of Bibb county to pay all necessary and proper expenses incurred in conducting elections in said county."
Also a bill "To be entitled an act to authorize the county cammissioners of Bibb county to purchase property put up for sale for State and county taxes due in said county, and for other purposes therein mentioned."
Also a bill 'To be entitled an act to incorporate the Dahlonega Air-Line Railroad Company, and for other purposes."
Also a bill "To be entitled an act to incorporate the town of Maysville, in the counties of Jackson and Banks, and to grant election powers and privileges to the same, and for other purposes."
The House has concurred in the amendments of the Senate to the following bill of the House, to wit:
A bill "To be entitled an act to carry into effect the last clause of paragraph I, section I, article 7 of the Constituti()n of 1877, as to furnishing limbs to maimed Confederate soldiers."
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 presc1 ibe the method of granting license to sell spiritU<)US or intoxicating liquors in the county of Bullock, and to increase the fee for the same to five thousand dollars," with an amendment thereto, in which they ask the concurrence of the Senate.
Leave of ab~ence, until Monday next, was granted Mr. Mc:!)aniel on imporrant business.
The bill of the House "To amend section 4637 of the Code of Georgia, in reference to the statements of prisoners in cases of felony, and the act of 1874 amendatory thereof, entitled an act to amend section 4637 of the Code of Georgia, by striking out the words 'for a felony,' in the second line of said section, said last mentioned act

4!4

JouR~AL OF THE SENATE

approved 28th February, 1874,'' was made the special order for Tuesday, September 23d, at 11 o'clock, a. m.
The bill of the House "To alter and amend the road laws, so far as relates to the county of Effingham, and for other purposes," was taken up, and referred to the Judiciary Committee.
The Senate took up, as the report of the Committee of the Whole, the bill of the House "To amend section 3623 of the Code of 1873."
The report was agreed to.
The bill was read the third time and passed, by a consti~ tutional m1jority, there being ayes, 24 ; nays, I.
The Senate took up, as the report of the Committee of the \Vhole, the bill of the House "To repeal an act entitled an act to prohibit the sale of spirituous liquors in the incorporate limits of the town of Spartanburg, in the county of Coweta, approved February 24th, 1877."
The report was agreed to. The bill was read the third time and passed, by a constitutionai majority, there being ayes, 24; nays, o. The Senate took up, as the report of the Committee of the \\-'hole, the bill of the House ''To repeal an act to regulate the pay of jurors in Macon county, approved February 23d, 1876." The report was agreed to. The bill wat> read the third time and passed, by a constitutional majority, there being ayes, 27; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill of the House ''To repeal an act entitled an act to reduce the salaries of tax receiver, tax collecto~ and school commissioner, for the county of Forsyth, State of Georgia, approved February 27th, 1877." The report was agreed to. The bill was read the third time and passed, by a constitutional majority, there being ayes, 25; nays, o.

SEPTEMBER 19, 18jg.
The Senate took up, as the report of the Committee of the Whole, the bill of the House "To regulate the manner of letting out contracts to build or repair public buildings, bridges, causeways, or other public works in the several counties of this State, and for other purposes."
The same was amended, on recommendation of the Judiciary Committee, by striking from the proviso of the 3d section the word ''twenty-five," and inserting the word "one hundred," in lieu thereof.
The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 26; nays, o. The Senate rook U_IJ, as the report of the Committee of the \Vhole, the bill of the House ''To repeal an act to aboli~h the office of treasurer of the county of Pulaski; to vest the duties of said office in the judge of the County Court, and for other purposes, approveu February 4th, 1875, and to provide for the discharge of the duties of said office until an electio11 shall be held for said office." [Mr. Hamilton of the 14th submitted to the Senate !'ati.sfaCtory evidences of compliance with the laws in re gard to notice of intelltion to apply for the passage of this bill.] The report was agreed to. The bill was read the third time and passed, by a constitutional majority, there being ayes, 2-!; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill of the House ''To repeal an act to require the registration of voters of Mcintosh county." [Mr. Clifton submitted to the Senate satisfactory evi dences of the legal notice required in regard to intention to apply for the passage of this bill.] The report was agreed to. The bill was read the third time and passed, by a constitutional majority, there being ayes, 29; nays, o.

jOURNAL OP THE SENATE
The Senate took up, as the report of the Committee of the Whole, the bill of the House "To change so much of the law in relation to grand jurors in Pulaski county as provides for two panels of grand jurors, so as to reduce the same to one."
[Mr. Hamilton of the 14th submitted. to the Senate satisfactory evidence that notice of intention to apply for the passage of this bill had been legally given.]
The report wa::. agreed to.
The bill was read the third time and passed, by a constitutional majority, there being ayes, 29 ; nays, o.
The Senate took up, as the report of the Committee of the Whole, the bill of the House "To incorporate the Savannah Trust and Life Deposit Company," etc.
The same was amended as follows, in accordance with the report of the Judiciary Committee: Amend the title by striking out the word ''administrators," and inserting before the word ''guardians" the word ''testamentary."
. Amend section 3d by striking out all that part of the section, beginning with the word ''administrator," in the 4th line, and ending with the words ''to said corporation," in the 1zth line, and inserting, in lieu thereof, the following words : "And of guardian, when appointed as such by will, but not otherwise ; and the ordinaries of this State are authorized to grant letters testamentary to said corporation, when it is duly appointed executor of any will."
Strike out the word "ad.ninistrator," in the 22d and 23d lines.
Strike out the words "guardianship, administrat:on or trusteeship of an estate is vested in said company under the appointment of any court in this State," and insert, in lieu thereof, the following word-. : ''The management of any estate or fund is vesteJ in said company, under the provisions of this act."
Strike out the words ''with their management of any

SEPTEMBER 19, 1879

such estate," and insert, in lieu thereof, the word ''there-

with." Amend section 4th by striking out at the end of said

section the words ''the interest to be allowed and thus

added in no case to be less than three (3) per cent. per

annum."

Amend section 5th b/ striking out of the 2d line of the

same, the words ''administrator guardian."

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.

Boyd, Bryan,
Vabauiss, Cnndlcr. Casey, Clarke, Clements, Clifton,
Cumming, Drake, DuBose,
Duucan,

Fain,

Lumpkin,

Folks,

.McDaniel,

Grautlaud,

lllcLcod,

Grimes.

Perry;'

Hamilton of the 14th, Preston,

Hamilton of the 21st, Hnssell,

Harrison,

Simmons,

llawkiM,

i:ltaten,

Holcomlw,

Tison of~the 4th,

Holton,

Turner

H()wcll,

"'cllbr;rn,

Hudson,

l\1R. Pn&SID&NT.

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

Bower.

Ayes, 36. Nays, 1.

So the bill was passed, as amended, by a constitutional

majority.

At the hour of 10 o'clock, a. m., the President an-

nouncec : "The time for that purpose having arrived, the

Senate will, according to order, resume its session as a

Court of Impeachment," and yielded the chair.

At the conclusion of the session of the High Court

of Impeachment, it being the last day of the trial of \Vashington L. Goldsmith, the President resumed the chair

and announced: "The Senate is now in sessio'.1 for legislative purposes."

The following message was received from the House of

Representatives, through Mr. Goetchius, the Clerk thereof:
27

418

JOURNAL OF THE SENATE

Mr. President: The House of Representatives has agreed to the follow-
ing resolution, to-wit :

A resolution "Authorizing and requiring the Governor to have printed, for distribution among parties who may desire it, three hundred copies of the act providing for the lease or sale of Macon and Brunswick Railroad," which I am instructed to transmit immediately to the Senate, with the request that the Senate concur in the same.

Mr. Russell, chairman of the Committee on Enrollment, report as duly enrolled, signed by the Speaker of the House of Representatives, and ready for the signature of the President of the Senate, the following acts, to-wit :
An act "For the relief of the Macon and Augusta Railroad Company, and for other purposes."
An act ''To repeal an act to prohibit the imposition of more than fifty per cent. upon the State tax for county purposes, in the county of Jackson, and for other purpo-

ses."

D. A. RussELL, Cltaz'nnan.

Mr. Russell, chairman of the Committee on Enrollment,

submitted the following report:

Mr. Presz'dent :

The Committee on Enrollment report as duly enrolled, signed by the Speaker of the House of Representatives, and ready for the signature of the President of the Senate,

the following act, to-wit: An act "To carry into effect paragraph I, section I,
article 7, of the Constitution of 1877." Mr. Clarke offered the following resolution, which was
taken up and read, to-wit: "Resobed, That the rules of procedure of the Senate, in
the trial of the impeachment against W. L. Goldsmith, Comptroller-General, as amended, be adopted as the rules
for the trial of the impeachment against J. W. Renfroe,

SEPTEMBER Ig, 1879
State Treasurer, except that rule I 3th shall be amended by striking out the word ''shall," in the first line, and in. serting, in lieu thereof, the word ''may," and by inserting the word ''only" after the word ''practice," and the 28th rule shall read as follows:
"At the opening of the sesion of the Senate upon the impeachment, each day, the journal of the proceedings of the preceding day shall be read; and, after reading the proceedings of the last day, and before the final adjourn ment, an order reciting the fact of such reading and approving the journal, shall be entered and signed by the presiding Justice."
Mr. Preston offered the following as a substitute for the foregoing :
''Resolved, That the committee of three on rules of procedure in the trial of \V. L. Goldsmith, Comptroller-General, be and they are hereby appointed to prepare rules of procedure in the case of the State against J. \V. Renfroe, Treasurer, and make their report on or before the opening of the trial of said case, and that the resolution offered by the Senator of the 1 I th be referred to that committee."
The substitute of Mr. Preston was adopted, in lieu of the original resolution, and the original, by the terms of the substitute, was referred to the Committee on Rules of Procedure.
Mr. Wellborn offered the following resolution, which was taken up, read and agreed to, to-wit:
'' Resobed, That a committee of three from the Senate and five from the House of Hepresentatives be appointed to await upon His Excellency, the Governor, and inform him that the office of Comptroller-General of this State has this day become vacant, by virtue of the action of the Senate, setting as a Court of Impeachment."
On motion of Mr. Cumming, the foregoing resolution was, by unanimous consent, reconsidered, amended by

. JouRNAL oF THE SE~ATE
striking ont the words " and five from the House of Re presentatives," and agreed to, as amended.
The President appointed as the committee, under the foregoing resolution, Messrs. \Vellborn, Cumming and Candler.
Leave of absence was granted to Mr. Cumming for the remainder of this day's session, to enable him to be present on important business before the Supreme Court ; and to Mr. Clarke, on account of his illness.
On motion of ~fr. Speer, the reconsidered bill "To re lieve the Lunatic Asylum," was taken up and recom mitted to the Committee on the Lunatic Asylum.
Mr. Wellborn, chairman of the committee appointed to wait upon His Excellency, the Governor, and inform that the office of Comptroller-General is now vacant, by reason of the action of the Senate this day, reported the performance of that duty.
The Senate, on motion of Mr. Perry, took up the amendment of the House to the amendment of the Senate, made to the bill of the House "To prescribe the method of granting license to sell intoxicating liquors in the county of Bulloch, and to increase the fee lor the same to five thou sand dollars," and concurred in said amendment.
The Senate took up, as the report of the Committee of the Whole, the bill of the House "To repeal the for~y third section of an act to amend the several acts incorpor ating the city of Gainesville, in Hall county, and an act to establish a City Court for the city of Gainesville, pr~scribe its powers and jurisdiction, and for other purposes, ap proved February 24, 1877, and the acts amendatory thereof, so far as relates to the establishing of a Criminal Court in said city of Gainesville."
The report was agreed to. The bill was read the third time and passed, by a consti tutional majority, there beinv ayes, 23; nays, o. The Senate took up, as the report of the Committee c>f

. SEPTEMBER Ig, 1879

421

the \Vhole, the bill of the House "To authorize the erec tion of a court house for the county of Fulton, and the creation of a debt by the issue of bonds, or otherwise, and a levr of an extra tax for said purpose, so far as may be necessary."
The report was agreed to.
The bill was read the third time and passed, by a consti tutional majority, there being ayes, 28 ; nays, o.
The Senate took up, as the report of the Committee of Whole, the bill of the House ''To authorize and re quire the Comptroller-General to accept, as a basis of taxation of the Upson County Railroad for the fom years it is in default, the taxable value thereof, as determined by arbitration for the year r878, and to relieve said railroad from the penalties attached because of said default."
The report was agreed to.
The bill was read the third and passed, by a constitu tiona! majority, there being ayes, 29; nays, o.
The Senate took up, as the repol't of the Committee of the Whole, the bill of the House "To divert the unex pended part of the fund known as the Ohoopie River Fund, a fund provided for opening up the Ohoopie river, in the county of Tatnall, to educational purposes in said county."
[Mr. Clifton submitted to the Senate satisfactory evidence that legal notice had been given of the intention to apply
J for the p:~.ssage of this bill.
The report was agreed to. The bill was read the third time and passed, by a constitutional majority, there being ayes, 32 ; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill of the House 'To amend the charter of the Barnard and Anderson Street Railroad, so as to extend the road bed." [Mr. Lester submitted to the Senate satisfactory eviden~

422

JouRNAL OF THE SENATE

that the law in relation to notice of intention to apply for the passage of this bill had been complied with.]
The report was ag1eed to. The bill was read the third time and passed, by a constitutional majority, there being ayes, 25; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill of the House "To be entitled an act to fix the compensation of tax receiver and collector of Cherokee county, and for other purposes." The report was agreed to.
The bill was rlad the third time and passed, by a constitutional majority, there being ayes, 25; nays, 2.
The Senate took up, as the-: report of the Committee of the Whole, the bill of the House "To alter and amend the road laws of this State, so far as relates to the county of DeKalb, and to provide for the working of the public roads of said county by convict labor, and to authorize the ordinary of said county to le11y and collect a tax for said purposes.''
[Mr. Bryant submitted to the Senate satisfactory evidence that legal notice had been given of the intention to apply for the passage of this bill.]
The report was agreed to. The bill was read the third time and passed, by a constitutional majority, there being ayes, 25 ; nays, o. The Senate took up, as the report of the Committee of the Whole, the bi;] of the House 'To provide for the appointment of a prosecuting attorney for the county of Pulaski, and define his duties." [Mr. Hamilton of the 14th submitted to the Senate satisfactory evidence of compliance with the legal require ments as to the notice of intention to apply for the passage of this bill-] The same was amended, in accordance with the report of the Judiciary Committee, by striking from the title and from the bill, wherever the words occur, ''prosecuting at-

SEPTEMBER 19, 1879
torney," and insert, in lieu thereof, the words: "cou.nty
solicitor." Amend further, by striking from section 4th the words,
''and for each prosecution commenced and settled before trial he shall receive the sum of two dollars and fifty cents as his costs."
The report, as amended, was ag-reed to. The bill wa~ read the third time and passed, as amened, by a constitutional majority, there being ayes, 23 ; nays, o. Mr. Preston offered the following resolution, which was taken up, read and agreed to, to-wit: "Resolved, That the stenographic reporter proceed as rapidly as possible to close up the report of the proceedings of the trial ofWashi11gton L. Goldsmith, ComptrollerGeneral, and deliver the same to the public printer, and that five hundred copies of the entire report be printed for the use of the Senate." The following bills of the House were read the first time and referred to the Committee on the Judiciary, to-wit: A bill "To repeal an act, approved February 26th, 1877, authorizing and requiring the county commissioners of Bibb county to pay all necessary and proper expenses incurred in conducting elections in said county." A bill 'To incorporate the town (,f Maysville, in the counties of Jackson and Banks, and to grant election powers and privileges to the same, and for other purposes," and A bill 'To amend section 281 of the Code." The following bills of the House were read the first time and referred to the Committee on Finance, to-wit: A bill "To authorize the county commissioners of Bibb county to purchase property put up for sale for State anJ county taxes, due in said county, and for other purposes therein mentioned," and A bill 'To amend an act to consOlidate, amend and todify the various acts incorporating the city of Forsyth, in the county of Monroe, and the various acts amendatory

JouRNAL OF THE SENATE
thereof, approved March 5th, 1875, so as to allow the mayor and aldermen to levy and collect a tax on all professions, business and callings carried on in said city.''
The bill of the House "To incorporate the Dahlonega Air-Line Railroad Company, and for other purposes," was read the first time and referred to the Committee on Corporations.
The joint resolution communicated from the House, this day, was taken up, read and concurred in, to-wit:
A resolution "Authorizing the Governor to have printed, for distribution among parties who may desire it, three hundred copies of the act providing for the lease or sale of the Macon and Brunswick Railroad."
The Senate, having disposed of all business on the desk of the Secretary, adjourned, on motion, until 9 o'clock, a. m., to-morrow.

SENATE CHAMBER,

}

Saturday, September zotlz, 1879, 9 o'clock, a. m.

The Senate met pursuant to adjournment, the President

in the chair.

Prayer by the Chaplain.

On the call of the roll, the following Senators answered

to their names, to-wit:

Boyil, Bower, Bryan, Cabaniss, Candler, Casey, Clarke. Clements,
Clifton, Cumming, Dmke,
DuBo~e,

Duncan, Fain, Folls, Grantland, Grimes, Hamilton of the 14th, Hamilton of the 21st, Harrison,
Hawkins, Holton, Hudson, Lumpkin,

McLeod, Perry, Preston, Russell. Simmons, Speer, Staten, Tison of the 4th,
Troutman, Turner, \Vellborn,
l\IR. PRESIDENT.

The journal was read and approved.

Leave of absence was granted Mr. Lumpkin and Mr.

SEP'I'EMBER 20, 1879
Bryan, for Monday next, and to Mr. Howell, for this day, on account of sickness.
'i'he following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof:
Mr. President: The House of Representatives insists on its disagree-
ment to the amendments of the Senate to the following bill of the House, to-wit:
"Appropriating money to pay the expenses of the special Joint vVild Land Committee, appointed at the present session," and respectfully asks for a committee of conference on said disagreement, and has appointed as such committee, on the part of the House, Messrs. MeWhorter, Roberts and Prescott.
On motion of Mr. Harrison, the foregoing message from the House of Representatives, was taken up.
On his motion, the Senate adhered to its amendment to said bill, and granted the committee of conference asked by the House.
The President appointeo as the committee, on the part of the Senate, Messrs. Hani,on, Hudson and Duncan.
Mr. Preston, chairman pro ton, of the Committee on the ] udiciary, made a report on certain bills, which was read.
Mr. Clements, chairman of the Committee on Local and Special Bills, made a report on certain bills, \vhich was read.
Mr. Casey, chairman of the Committee on the Lunatic Asylum, made a repor(on a certain bill, which was read.
Mr. Speer, by consent of the Senate, withdrew tha bill "To relieve the Lunatic Asylum."
The bill of the House ''To prevent the dismissal of cases in the Supreme Court for want of the certificate of the presiding judge, where the said judg(has pronounced judgment in a motion for new trial and bill of exceptions filed, and

jOURNAL OF THE SENATE
for other purposes therein named," was recommitted to the Judiciary Committee, on motion of Mr. Cabaniss.
The following bills of the House, reported back to the Senate this day, by the Committee on Local and Special Bill:i, with the recommendation that they be referred to the Committee on Corporations, were taken up and referred, in accordance with said recommendations, to wit :
A bill ''To incorporate the Thomasville Railroad Company, and to grant certain privileges to the same," and
A bill ''To incorporate the Hutchinson Island Canal Company, of Chatham county."
The following bills of the House were read the second time, and passed to a third reading, to wit:
A bill 'To incorporate into the corporate limits of the city of Albany, Georgia, the grounds and premises of the Southwest Georgia Industrial Association, for park and police purposes, and to authorize said city to keep said grounds in repair."
A bill 'To provide for the creation of boards of commissioners ot roads and revenue in the counties of Cobb, Dooly, Henry, Telfair and Washington, in this State, and for other purposes."
A bill To empower the county commissioners of Coweta county to purchase the bridge over Moore's ierry on the Chattahoochee river, and for other purposes."
A bill "To repeal section one of an act to amend the charter of the city of Milledgeville," etc.
A bill "To amend the charter of Social Circle, and to confer additional powers on the same."
A bill '' To repeal the several acts establishing commissioners of roads and revenue in the counties Oi Jones, Chattahoochee, Douglas, Floyd, Bulloch and Heard, respectively."
A bill ''To establish the original rates of toll for crossing the bridge over the Chattaoochee river, at the town of Fort Gaines."

SEPTEMBER 20, 1879

A bill "To empower the authorities of the city of Darien

to compel wharf owners to keep their wharves in gnod

order, and owners of improved lots in said city, to con-

struct and keep in repair suitable pavements in front of the

same, and enforce certain other sanitary measures, on the

recommendation of the city board of health."

A bill "To change the time of holding the Superior

Courts of Fayette county."

A bill "To entirely prohibit the sale of spirituous

liquors within the limits of Irwin county, and

A bill "To repeal an act creating a board of commis-

sioners of roads and revenues for the county of Paulding,

approved December 13th, 1871."

The bill of the Senate "To regulate official advertising

in this State, and to protect persons and parties interested

therein, and for other purposes," was laid on the table for

the present.

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

the Whole, the bill "To regulate and fix the fees of ordi-

naries, for services to be rendered where no fees are pre-

scribed by law, and toprovide who shall pay such fees."

The Judiciary Committee reported a substit.l.lte for the

same, with the recommendation that it do pass.

The substitute was adopted.

The report, as amended, was agreed to.

The bill was read the third time and passed, by a collsti-

tutional majority, there being ayes, 26'; nays, 1.

Mr. Bryan moved that the Senate adjourn until 9

o'clock, a, m., Monday next.

On this proposition the ayes and nays were recorded.

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

Bryan, Cabaniss,
Candl~r,
CClaasrPky~.
Cumming,

Drake,
Dullo~e,
Gmntlaml,
GHarmimilets~n of the 14th,
Hmlson,

Lnmpldn,
Ht~>sell,
Tison of the 4th, Turner Wcllho'rn.

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

JouRNAL oF THE SENATE

Boyd,
Bnwer,
Clifton, Dnncan, Fain,

Folk~,
Hamilto-:i of the 21st,
Hani~on,
Hawkins, Holton,

l\fcLeod, Preston,
Simmons, Speer,
Staten.

Ayes, 17. Nays, I 5

So the Senate adjourned until 9 o'clock, a. m., Monday

next, having disposed of all business on the desk of the

Secretary.

SENATE CHAMBER, } JIIonday, September 22d, 1879, 9 o'clodc, a. m.

The Senate met pursuant to adjournment, the President

in the chair.

Prayer by the Chaplain.

On the call of the roll, the following Senators answered

to their names, to-wit :

Boyd, Bower, Cabaniss, Candler, Casey, CClleamrek~ets, Clifton, Cumming, Drake, Dul3ose, Duncan,

Fain, Folks. Grantland, Hamilton of the 14th, Hamilton of tl1e 21st, Harrison, Hawkins,
Hulton, HowPll, HurlstJn, l\lcDaniel, .McLeod,

Perry, Preston, Russell, Simmons, Speer, Staten, Tison of the 4th, Ti~on of the lOth, Tr ulman, Turner, Weliborn,
MR. PRESIDENT.

The journal was read and approved.

Mr. Hudson, chairman of the Committee on Education;

Mr. Clarke, chairman of the Committee on Corporations,

and Mr. Clements, chairman of the Committee on Local

and Special Bills, made reports from their respective com-

mittees, on certain bills.

The following bills of the House were read the second

time and passed to a third reading, to-wit:

A bill 'To incorporate the Dahlonega Air-Line Rail-

road Company, and for other purposes."

A bill "To incorporate the Thomasville Railroad Com,

pany, and to grant certain privileges to the same."

'
A bill "To incorporate the Athens Transfer Railroad Company."
A bill "To review and carry out the true intent and meaning of the 3d section of an act approved December 22d, 1857, entitled an act to lay out and orgfinize the county of Wilcox, and to declare the duties of the county authorities, and the rights of the citizens of said county, relative to locating the county sitr of Wilcox county, and for other purposes."
A bill "To authorize a reduction of the capital stock of the Bank of Augusta, and to more clearly define and specify the power and authority of said bank."
A bill ''To repeal so much of an ,act as relates to the county of Lowndes, entitled an act to change and regulate the school system in the counties of Ware, Echols, Lowndes, Berrien, Charlton, Dodge and Clinch, in certain particulars, approved February rsth, 1877."
A bill "To incorporate the Hutchinson Island Canal Company, of Chatham county."
A bill "To incorporate the Dublin Telegraph Company."
A bill "To establish a system 0f public schools for the city of Cartersville, and to provide for the support and maintenance thereof, and for other purposes."
A bill "To incorporate the Gate City Street Railroad Company," and
A bill "To incorporate the Skidaway Narrows Canal Company, and to grant certain privileges therein named."
The bill of the House "To incorporate the town of Belton, in the cou.1ties of Hall and Banks, and for other purposes," was, on motion of Mr. Candler, laid on the table for the present.
The adverse report of the Committee on Corporations on the bill of the House 1 'To amend the act incorporating the town of Oxford, in Newton counry, approved De<:ember 23d, 1839, and other acts amendatory thereof, so

430

JouRNAL OP THE SENATE

as to empower the board of commissioners of said town to enforce the laws and ordinances regulating the working of the roads and streets of said town, and for other purposes," was agreed to, and the bill was, therefore, lost.
The Senate took up, as the report of the Committee of the Whole, the bill of the House "To repeal an act creating a board of commissioners of roads and revenues for the county of Paulding, approved December 13th, 1871."
The report was agreed to. The bill was read the third time and passed, by a constitutional majority, there being ayes, 25 ; nays, o.
The Sen.1te took up, as the report of the Committee of the Whole, the bill of the House "To repeal an act to regulate the compens,,tion of tax collector and tax receiver for collecting- and assessing the State and county tax for the county of Calhoun, and to fix the salary of the county treasurer of said county, approved February 27th, 1867, and for other purposes."
[Mr. Bower submitted to the Senate satisfactory evidence that iegal notice had been given of intention to apply for the passage of this bill.]
The report was agreed to. The bill was read the third time and passed, b} a constitutional majority of ayes, 30 ; nays, o. The Senate took up, as the report of the Committee of the \\'hole, the bill of the Senate "To prevent cruelty to children." The Judiciary Committee reported in favor of its passage by substitute of identical title. On motion of Mr. Lester, the substitute was amended as follows, to-wit: Add a section, to be known as section No. 3, which reads as fol!O\vs, to-wit: "Whoever shall torture, torment, deprive of necessary sustenance, mutilate, cruelly, unreasonably and maliciously beat or ill treat, or cause to be tortured, tormented, deprived of necessary sustenance, mutilated, cruelly, unreasonably and mali~

431
ciously beaten or ill treated, any child, shall be guilty of a misdemeanor, and, on conviction, shall be punished, as prescribed in section 43 10 of the Code of Georgia."
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 a constitutional majority, there being ayes, 30; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill of the House "To repeal the several acts establishing commissioners of roads and revenues in the counties of Jones, Chattahoochee, Douglas, Floyd, Bulloch and Heard, respectively." [Satisfactory evidences of notice to apply for the passage of this bill, as required by bw, were submitted to the Senate, so far as the counties of Jones, Douglas and Chattahoochee are concerned. said e\idence having been submit ted by Mr. Hamilton of the 2 I st, Mr. Duncan and Mr. Grimes.] The same was amended, in accordance with the report of the Judiciary Committee, by striking out the word "Floyd" from the title and the bill. On motion of Mr. Duncan the same was further amend. ed by adding the following proviso, to-wit : ''Provided, nothing herein contained shall be construed to in any way affect or abolish a certain suit now pending in Douglas Superior Court, by mandmmts in favor of Ezekiel Polk, S. V. Abercrombie and Andrew J. Richards, the board of commissioners of roads and revenue of Douglas county, against Wm. N. Magouirk, Ephraim Pray, J. H. Winn, John C. Bowden, and John M. James, former ordinary of Douglas county, but the same may proceed in the name of the plaintiff for the use and benefit of the county of Douglas, as if this act had not passed." On motion of Mr. Boyd the same was further amended
by adding after the wo.rd ''Heard," where the same occurs,
the words, ''and the county of Lumpkin."

432

JouRNAL OF THE SENATE

The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 26; nays, o.
The Senate took up, as the report of the Committee of the Whole, the bill of the House "To entirely pro hibit the sale of spirituous or intoxicating liquors within the limits of Irwin county."
[Satisfactory evidence of legal notice of intention to apply for the passage of this bill was submitted to the Senate by Mr. Boyd.]
The report was agreed to. The bill was read the third time and passed, by a constitutional majority, there being ayes, 24; nays,4. The Senate took up, as the report of the Committee of the Whole, the bill of the House ''To empower the county commissioners of Coweta county to purchase the bridge at Moore's Ferry, on the Chattahoohee river, and for other purposes." The same was amended, ir. accordance with the report of the Committee on Local and Special Bills, as follows, to wit: Strike out ''then," in the twenty-first line of section zd, and insert ''shall be," in lieu thereof. Stnke out the word ''next," at the end of the thirtyseventh iine of section zd. Strike out the word "shall," in the fifth line of section 3d, and insert "may;" also strike out the word "shall," in the twelfth line of the same section, and insert ''may." [Mr. Duncan submitted to the Senate satisfactory evidence that legal notice of intention to apply for the passage of this bill had been given.] The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority, there beiug ayes, 29; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill of the House " To amend an act to

SEPTEMBER 22, IS79
incorporate the town of Social Circle, in the county of Walton, and to appoint commissioners for the same/and to point out the mode of electing commissioners, etc., and for other purposes, approved March I 8, I 869, wherein the taxing power conferred by said act incorporating said town shall be enlarged, and further corporate powers and privileges herein named may be exercised by said town."
[Mr. McDaniel submitted satisfactory evidence that legal
notice of intention to apply for the passage of this bill
had been given.] The report was agreed to. The bill was read the third time and passed, by a consti-
tutional majority, there being ayes, 27 ; nays, o. The Senate took up, as the report of the Committee of
the Whole, the bill of the House "To change the times of holding the Superior Courts of Fayette county."
The same was amended in accordance with the report of the Committee on Local and Special Bills, by striking out the words ''from and after the passage of this act," and inserting, in lieu thereof, the words "from and after the first of January next."
The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 26; nays, o. The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof: .Afr. Presidmt:
The House of Representatives has concurred in the amendments of the Senate to the following bills of the House, to-wit:
A bill "To be entitled an act toincorporate the Savannah Trust and Safe Deposit Company," etc.
Also a bill "To be entitled an act to provide for the appointment of a prosecuting attorney for the county of Pulaski, and define his duties."
28

434

JOURNAL OF THE SENATE

Also a hili ''To be entitled an act to regulate the manner of letting out contracts to build or repair public buildings, bridges, causeways, or other public works in the several counties of this State, and for other purposes."
A bill "To be entitle:! an act to provide for the suspension of the Treasurer, or Comptroller-General of the State, from the discharge of the duties of their offices, in certain cases, and, also, for the appointment of suitable persons to discharge the duties of 1he same."
Also a bill "To be entitled an act to prevent the giving or promising to give, by any person, for himself or for another, or for any bank or corporation, any fee, interest, or reward to the State Treasurer, or any other officer of the State, or to any other person whatever, for the deposit or use of money of the State, and to prescribe a penalty therefor."
The House has also agreed to the report of the Committee of Conference on the disagreement of the two Houses to the following bill of the Senate, to-wit :
A bill "To be entitled an act to reduce and regulate the fees of tax receivers and collectors in all the counties of this State; to repeal all local laws relating thereto, and for other purposes," and I am instructed by the House to inform the Senate immediately of these several actions of the House.
The Senate took up, as the report of the Committee of the Whole, the bill of the House "To incorporate into the incorporate limits of the city of Albany, Ga., the grounds and premises of the Southwest Georgia Industrial Association, for park and police purposes, and to authorize said city to keep said grounds in repair."
The report was agreed to. The bill was read the third time and passed, by a constitutional majority, there being ayes, 26; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill of the House "To repeal section I of

SEPTEMBER 22, IS79

435

an act entitled an act to amend the charter of the city of Milledgeville, approved February 15th, 1876; to confer additional powers on the mayor and council of said city, and to change the time of holding elections for the mayor, aldermen and clerk of the same."
The report was agreed to. The bill was read the third time and passed, by a constitutional majority, there being ayes, 26; nays, o. The Senate took 1~p, as the report of the Committee of the Whole, the bill of the House ''To provide for the creation of boards of commissioners of roads and revenues in the counties of Cobb, Dooly, Henry, Telfair and Wash. ington, in this State, to prescribe their powers and duties, and to fix their compensation, and the pay of officers employed by them." The same was amended, in accordance with the report of the Committee on Local and Special bills, to-wit: Strike from the latter part of section 6th, the figures ''I 866," and insert the figures "I 868." The same was further amended by striking out the county of Washington, where it occurs in the title and the bill. The report was agreed to, as amended. The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 24; nays, o. The Senate took up, as the report of the committee of the Whole, on the bill of the House "To establish the original rates of toll for crossing the hridge across the Chattahoochee river, at the town of Fort Gaines." The report was agreed to.
The bill was read the third time and passed, by a constitutional majority, there being ayes, 26; nays, o.
The bill of the House ''Conferring on the authorities of the city of Darien certain powers in regard to wharves, pavements and sanitary regulations in said city," was, on motion, recommitted to the Committee on Local and Special Bills.

JouRNAL nF THE SENATE

On motion of Mr. Perry, Mr. McDaniel and Mr. Ru~ sell were added to the Committee on Rules and Procedure for the trial of impeachment of J. W. Renfroe, Treasurer.

The Senate took up and agreed to the adverse report of the Judiciary Committee on the bill of the House "To define and enlarge the duties of the Attorney-General of this State, and for other purposes," and the bill was, therefore, lost.

The Senate took up the adverse report of the Judiciary Committee on the bill of the Senate ''To require the judges of the Superior Courts of this State to report to the judges of the Supreme Court, and the judges of the Supreme Court to the Legirlature, defects, modifications and changes in the Constitution and the statute laws of this State, and for other purposes.'"

Mr. Preston moved to recommit the bill to the Judiciary Committee.

This motion did not prevail.

The question as to agreeing to the adverse report of the Judiciary Committee was submitted to the Senate.

On this proposition Mr. Preston required the ayes and nays to be recorded.
Those who voted in the affirmative are, to-wit-Messrs.

Boyd, Bower, Casey, Clarke, Clements, Clifton, Cumming, DuBose,

Folks, Grantland, Grimes, Hamilton of the 14th, Hawkins, Hodges, Holcombe, Holton,

Hurlson, McDaniel,
~cLeod,
Perry,
Staten, Troutman, Wellborn. Mu. PRESIDENT.

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

Drake, Duncan,

Preston, Russell,

Hamilton of the 21st, Simmons,

Harrison,

Ayes, 24. Nays, 10.

Tison of the 4th, Tison of the 10th, Turner.

So the adverse report of the ]udiciary Committee was

aareed to, and the bill was, therefore, lost. l:>

SEPTEMBER 22, 1879

437

Mr. Preston gave notice that he should move a reconsideration of the foregoing action of the Senate.
The bill of the House To give to justices of the peace ol this State jurisdiction to foreclose mortgages on personalty, where the principal sum involved does not exceed one hundred dollars, and to hear, determine and dispose of defenses offered against foreclosures, and for other pur_ poses," was, on motion, taken from the table, and, on motion, again laid on the table for the present.
The following privileged resolution was offered by Mr. Russell, and taken up and agreed to, to-wit :
"Resolved, That a committee of two from the Senate be appointed by the President thereof, to confer with a committee of three from the House, to be appointed by the Speaker, to examine .md take into consideration the busi ness now before the General Assembly, and report as to the earliest practical day the General Assembly can ad journ sine die, and that the House be noti'ied forthwith of this resolution."
The Preside,-.t appointed as the Committee, on the part the Senate, Messrs. Russell and Grimes.
On motion of Mr. Cumming, the bill of the Senate "For the better government of the convicts of this State," was made the special order for Wednesday, September 24th, immediately after the journal is read.
Mr. Clarke, from the Committee on Hules of Procedure, made the following report, which was read and adopted, to-wit: Mr. Preszdent :
The Committee on Rules of Procedure, in the trial of
the impeachment against J. vV. Renfroe, State Treasurer,
beg leave to submit the following : ''We recommend the adoption, as Rules of Procedure in
said case, of the Rules of Procedure which were adopted in the case of W. L. Goldsmith, Comptroller-General, except as follows :

JouRNAL oF THE SENATE

I. Amend rule 3d by striking out the words ''in these words following," and the words ("here !nsert the articles"), and in lieu thereof, inserting these words "of which articles a copy will be herewith furnished you," the said inserted words to be in parenthesis.

2. Amend rule 4th by inserting after word ''summons," the words ''with a copy of the articles," and by substituting for the word "copy," in the 2d line, the word 'copies."

3 Amend rule 5th by adding the following words:

'' Before assuming the chair, the Chref Justice shall take

the same oath, which shall be administered by one of the

Associate Justices of the Supreme Court, or some judge

of the Superior Court of this State.

.

4 Amend rule I 3th by substituting for the word ''shall," in the 1st line, the word "may," and by inserting after the word "practice" the word "only."

5 So amend rule 15th that it shall read as follows: ''Upon all orders and interlocutory decisions by the Senate, the ayes and nays shall be taken, on demand of any Senator, and, except upon the final question, the majority

shall prevail. "

6. Amend rule 1;th by inserting, after the word ''messenger," the words "or some sheriff, de,:-uty sheriff, or constable of the county where the witness is to be served;" and, by adding to said rule, these words : ''The officer serving a subpcena shall make and file with the Secretary an

affidavit of such service."
7 Amend Hule 22d by striking out all betwePn the
word "sentence," in the 4th line, and the word ''shall," in the 6th line, and inserting, in lieu thereof, the following: "As determined by vote of the Senate for that purpose."

8. Amend rule 24th by inserting, after the word ''court," in the 2d line, the words "unless otherwise pro-

. vided in the motion for adjournment."

9 Amend Rule 2oth by adding these words : ''Any

SEPTEMBER 22, 1879

439

plea to the jurisdiction, or demurrer to the articles, shall be argued and disposed of as part of the final question."

10. Amend rule 4th by striking out "two days," and

inserting ''one day."

1 r. Amend rule 28th so that it shall read as follows: ''The journal of each day's proceedings, except the last, shall be read on the following day, but before final adjournment, the proceedings of the last day having been read,

an order of approval, reciting the fact of such reading, shall be entered and signed by the Chief Justice."

Your committee further recommend, that 100 copies of

the rules, when so amended, be printed for the use of the Senate.

This September 22d, 1879.

(Signed.)

]NO. T. CLARKE,

HENRY D. McDANIEL,
D. A. RussELL,

Committee.

The bill of the Senate ''To provide for the classification of convicts in this State, and for other purposes," was taken up, on motion of Mr. Prescott, and on motion of Mr. Wellborn, was made the special order for Thursday, the 25th instant, imm ::diately after the reading of the journal.

Mr. Clements, chairman of the Co;nmittee on Local and Special Bills, ma<1e a report on the bill of the H:)Use "To

prohibit the sale of spirituous, malt and intoxicating liquors, for a valuable consideration, in certain localities in this State, and to prescribe penalties therefor." Said bill was, on his motion, taken up, under a suspension of the rules, and read the second time.

The Senate, on motion, adjourned until 9 o'clock, a. m., to-morrow.

440

jOURNAL OF THE SENATE

SENATE CHAMBER, } Tuesday, September 23d, 1879, 9 o'clock, a. m,

The Senate met pursuant to adjournment, the President

in the chair.

Prayer by the Chaplain.

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

their names, to-wit:

Boyd, Bower, Bryan,
Cabaniss, Oandler, Casey, Clarke, (Jlements,
Clifton, Cumming, Drake, DuBose,
Duncan, Fain,

Folks, Grantland, Grimes,
Hamilton of the 14th, Hamilton of the 21st, Harrison, Hawkins, Head,
Holcombe, Holton, Howell,
Hud~on,
Lumpkin,

.McDaniel, McLeod, Perry, Preston, Russell, 8immons, Staten, Tison of the 4th, Tison of the lOth, Troutman, Tnrner, Wellborn,
MR. PRESIDENT.

The journal was read and approved.

On motion of Mr. McDaniel, the bill of the House "To

amend the charter of the town of Oxford, in the county of

Newton," which was lost on yesterday by the action of

the Senate in agreeing to the adverse report of the Com-

mittee on Corporations, was reconsidered, and, on motion,

recommitted to the Committee on Corporations.

On motion of Mr. Bryan, the bill of the House,

passed by the Senate yesterday, "To provide for the

creation of a board of commissioners of roads and revenue

in the counties of Cobb, Dooly, Henry, Telfair and Wash-

ington, in this State; to prescribe their powers and du-

ties, and to fix their compensation and the pay of officers

employed by them," was reconsidered.

The same was put upon its passage, when Mr. Rryan sub-

mitted evidence satisfactory to the Senate that legal no-

tice of intention to apply for the passage of this bill had

been legally given. The report was again amended, as on yesterday, and

agreed to as amended.

SEPTEMBER 23, 1879

441

The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 28; nays, o.
Mr. Preston moved a reconsideration of the action of the the Senate in agreeing to the adverse report of the Judiciary Committee on the bill of the Senate ''To require the Judges of the Superior Courts to report to the Judges of the Supreme Court, and the Judges of the ~upreme Court to the Legislature, defects, modifications and changes in the Constitution and the statute laws of this State, and for other purposes."
This motion to reconsider did not prevail. On motion of Mr. Perry, so much of the journal of yesterday was reconsidered as relates to the action of the Senate in passing the bill of the House "To repeal the several acts establishing commissioners of roads and revenues in the counties of Jones, Chattahoochee, Douglas, Floyd, Bulloch and Heard." On motion of Mr. Perry, the rules were suspended and the foregoing bill was taken up, when he submitted to the Senate sati<>factory evidence that the legal notice of intention to apply for the passar:;e of this bill, so far as the county of Builoch is concerned, had been given. The several amendments adopted on yesterday, and spread upon the journal of that day, were severally submitted to the Senate and adopted. [The evidence as to notice of intention to apply for the passage of this bill were resubmitted this day, as spread
J upon the journal of yesterday.
The report, as amended, was agreed to. The bill was read the tbird time and passed, as amended, by a constitutional majority, there being ayes, ,33; nays, o. The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof: Mr. President: The House of Representatives has adopttd articles of impeachment against John W. Renfroe, State Treasurer,

442

jOURNAL OF THE SENATE

and has elected as managers of said impeachment, on the part of the House, Messrs. A. H. Cox, of Troup; Thomas W. Milner, of Bartow; Allen Fort, of Sumter; Reese Crawford, of Muscogee; N. L. Hutchins, of Gwinnett; R. A. Nisbet, of Bibb, and W. A. Turner, of Coweta; and the House of Representatives will appear before the bar of the Senate, at such time as the Senate shall appoint, and present, through said managers, the said articles ofimpeach ment, and I am instructed to transmit said action of the House to the Senate forthw:th.
The House having, in its message of this day, signified its readiness to present articles of impeachment against John W. Renfroe, Treasurer of this State, the President instructed the Secretary, und~r the Rules of Procedure, to inform the House that the Senate was ready to receive the managers of the House of Representatives for that purpose.
The Secretary performed the duty assigned him. The members of the House, preceded by the Speaker and Clerk of that body, were received by the Senate.
The managers on the part of the House, through M:.
Cox of Troup, their chairman, signified their readiness to exhibit articles of impeachment against John W. Renfroe, Tre<::.surer of the State of Georgia.
The President directed the Doorkeeper to make procla mation according to order in such cases provided, whereupon the Doorkeekcr made the following proclamation: '0 yes ! 0 yes! all persons are commanded to keep silence, on pain ofimprisonment, while the House of Representatives exhibits articles of impeachment against John W. Renfroe, Treasurer of this State."
The managers then read the articles of impeachment, as follows, to-wit:
[NOTE.-The articles of impeachment will be found in
appendix to this journal.J
The President responded: ''The Senate will take proper

SEPTEMBER 23, 1879

443

order on the subject of this impeachment, of which the

House of Representatives will have notice."

The Speaker of the House, members and managers,

then retired from the Senate.

The following resolution, offered by Mr. McDaniel, was

adopted:

"Resolved, That the Senate shall be organized as the

High Court of Impeachment of the State of Georgia, for

the trial of John W. Renfroe, Treasurer, upon the articles.

of impeachment exhibited against him by the House of

Representatives, on Thursday the 25th instant, at ro

o'clock, a- m., and that the Secretary notify the House of

Representatives, and the Honorable Hiram Warner, Chief

Justice of the Supreme Court, accordingly; and that the

Secretary issue for the defendant an originaLnd copy sum-

mons, as provided in the Rules of Procedure adopted by

the Senate for trials in cases of impeachment, which shall

be :>erved upon the defendant, by the Messenger, at least

one day before the time appointed for the trial."

On motion of Mr. Holcombe, one hundred copies of the

foregoing articles of impeachment were ordered to be

printed for the use of the Senate.

The following message was received from the House

of Representatives, through Mr. Geotchius, the Clerk

thereof:

Mr. President:

The House of Representatives has concurred in the fol-

lowing resolution of the Senate, to-wit:

A resolution ''Appointing a committee of two from the

Seriate and three from the House, to examine the busi-

ness before the General Assembly, and report the earliest

practical day for adjournment," and has appointed as such

co1pmittee on the part of the House, Messrs. Toole, Paine and Kimsey.

Mr. Russell, chairman of the Committee on Enrollment

submitted the following report :

'

444

}OURNAL OF THE SENATE

Mr. Preszdent :
The Committee on Enrollment report as duly enrolled, signed by the Speaker of the House of Representatives, and ready for the signature of the President of the Senate, the following acts, to-wit :
An act "To make it the duty offreeholders, or their agents, to return the names of all tax-payers residing upon their premises, on the first day of April of each year."
Also an act "To authorize the corporation of the city of Bainbridge to levy a tax for the purpose of establishing and maintaining public schools in and for the municipality of Bainbridge, under and in conformity to section 4, article 8, of the Constitution of Georgia, and to authorize the county school commissioner of said county to pay over to the trustees of said city schools, such part of the State school fund as may be their just pro rata share thereof."
Also an act 'To prescribe the method of granting license to sell spirituous or intoxicating liquors in the county of Bulloch, and to increase the fee for the same to five thousand dollars."
Also an act "To amend section 3623 of the Code of
!873" Al<>o an act "To change so much of the law in relation
to grand juries in Pulaski county as provides for two panels of grand jurors, so as to reduce the same to one,"
Also an act ''To repeal an act to abolish the office of the county treasurer of Pulaski, to vest the duties of said office in the judge o[ the County Court, and for other purposes, approved February 4th, 187 5, and to provide for the discharge of the duties of said office until an election shall be held for said office."
Also an act 'To authorize and require the ComptrollerGeneral to accept, as a basis of taxation of the Upson County Railroad for the four years it is in default, the taxable value thereof, as determined by arbitration for the

SEPTEMBER 23, 1879.

44~

year 1878, and to relieve said railroad from the penalties attached bec;:tuse of said default."
Also an act ''To amend the charter of the Barnard and Anderson Street Railroad, so as to extend the road bed."
Also an act ''To repeal an act entitled an act to require the registration of voters of Mcintosh county."
Also an act "To alter and amend the road laws of this State, so far as relates to the county of DeKalb, and to provide for the working of the public roads of said county by convict labor, and to authorize said county to levy and collect a tax for said purpose."
Also an act' 'To repeal an act entitled an act to reduce the salaries of tax receiver, tax collector and school com. missioner for the county of Forsyth, approved February
27th, r8n."
Also an act "To repeal the 43d section of an act entitled an act to amend the several acts incorporating the city of Gainesv;Ec, in Hall county, and an act to establish a City Court for the city of Gainesville, prescribe its powers and jurisdiction, and for other purposes, approved February 24th, 1877, and the acts amendatory thereof, so far as relates to the establishing of a criminal court m said city of G:1inesviEe."
Also an act "To divert the unexpended part of the fund known as the Ohoopie River Fund, a fund provided for opening up the Ohoopie river, in the county of Tatnall, to educational purposes for said county."
Also an act "To repeal an act to prohibit the sale of spirituous liquors in the town of Sharpsburg, Coweta county, approved February 24th, 1877."
Also an act "To fix the compensation of tax receiver anrl collector of Cherokee county, and for other purposes."
Also an act "To repeal afi act to regulate the pay of jurors in Macon county, approved February 23d. I 876."
Also an act ''To fix the time for holding the Superior Courts in the county of Clinch, and for other purposes."

JouRNAL OF THE SENATB
Also an act ''To al!thorize the erection of a court house for the county of Fulton, and the creation of a debt, by an issue of bonds or otherwise, and a levy of an extra tax for said purpose "
Also an act "To provide for the creation of boards of commissioners of roads and revenue in the counties of Emanuel, Marion and Johnson; to prescribe their powers and duties, and to limit the compensation of the officers employed by them."
Also a resoiution "To authorize and require the Governor to have printed, for distribution among parties who may desire it, three hundred copies of the act providing for the lease or sale of the Macon and Brunswick Railroad."
Mr. McDaniel, chairman of the Judiciary Committee, made a report on certain bills.
Mr. Cabaniss, chairman of the Finance Committee, made a report on certain bills.
The bill of the Senate "To further define the jurisdiction, powers, proceedings and practice of County Courts in this State, so that the same shall be uniform, as required by paragraph I, of section 9, of article 6, of the Constitution of this State," was read the second time and passed to a third reading.
Mr. Harrison, chairman of the Committee of Conference on the bill of the House ''To appropriate money to defray the expenses of the Committee on Wild Lands of the present session," made the following report : Mr. President :
The Co;nmittee of Conference, to whom was referred a bill "To appropriate money to pay the expenses of the Special Joint Wild Land Committee appointed at the present session," has had the same under consideration, and has agreed upon the following report : Strike out ''50 cents per day" for Peter McMichael, porter, and insert "$I per day," in lieu thereof.

SEPTEMBER 23, 1879

447

2. Strike out "$I 5. 50," in same line, and insert "$3 r." 3 Amend section 2d, line I8, by striking ''$2 per day, $64," and inserting "$3 per day, $96," so that the line shall read : "E. B. Thomas, Sergeant-at-Arms, $3 per day ; thirty two days, $96." Amend section I st by striking out "$I, 296.30- IOo," and inserting "$I, 343.80- wo," in lieu thereof.
\VrLLIA"1>1 HARRISON,
Chairman Smate Committee. F. W. DuNCAN, ]. N. HUDSON, Senate Committee. R. L. McWHORTER,
Chairman House Committe.
GEORGE RoBERTS,
J. p_ PRESCOTT,
House Committee. The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof: Mr. President: The House of Representatives has passed the following bills, to-wit : A bil-l ''To be entitled an act to require the county school commissioners of the several counties to make annual reports of school operations, and to submit their books for examination to the grand juries of their respective counties, approved February 21, I87J." Also a bill ''To be entitled an act to provide for the incorporation of colleges, libraries, and other literary, charitable or social organizations, which have no capital stock, and which are organized for individual pecuniary gain." Also a bill ''To be entitled an act to prescribe the fees of the clerk of the Superior Court for all services required of him in the appointment of commercial notaries public, and for other purposes." Also a bill "To be entitled an act to provide for the

JouRNAL oF THtt SENATE
election of Judge of the County Court of Putnam county, by the qualified voters of said county, and for other purposes."
Also a bill "To be entitled an act to extend to the county of Burke the provisions of an act entitled an act to provide for the payment of certain insolvent criminal costs in the Augusta Judicial Circuit, approved February 13, 1873"
Also a bill "To be entitled an act to fix the amount of license for selling or vending spirituous or intoxicating liquors in the counties of vVayne, Liberty, Coffee and Appling, in this State, and to prescribe a punishment for any violation of this act, and for other purposes."
Also a bill "To be entitled an act to prescribe the meth od of granting license to sell spirituous or intoxicating liquors in the town of Eastman, and in the county of Dodge, in this State, and to fix the license therefor, and to prescribe a penalty for a violation of the requirements of this act, and for other purposes."
Also a bill "To be entitled an act to define who are agents of insurance companies, not incorporated by or under the laws of this State, and to fix their liability when acting without authority of law."
Also a bill "To be entitled an act to encourage the culture of fish in the natural and artificial pond; on the plantations of David Dickson, of the county of Hancock, lying in the county of Hancock and in the county of Washington, or both, in this State, and for other purposes."
Also a bill ''To be entitled an act to prescribe the mode of granting license to sell intoxicating liquors in the county of Muscogee, outside the limits of the city of Columbus, and within one-half mile of the corporate limits of said city, approved February 23, 1876.
Also a bill "To be entitled an act to repeal an act entitled an act to reduce the commissions of the tax collector and tax receiver for collecting the county tax for the coun-

449

ty of Clay; and to repeal an act entitled an act to reduce

the commissions of the county treasurer for said county,

both of which acts were approved February 28, I 876."

Also a bill ''To be entitled an act to repeal an act enti-

. tied an act to change and regulate the school system in the

counties of Ware, Echols, Lowndes, Berrien, Charlton,

Dodge and Clinch, in certain particulars, approved Febru-

ary 15, 1877, so far as applicable to Dodge county."

Also a bill ''To be entitled an act to prohibit hunting

on the lands of another in the counties of Jones, Mont-

gomery and Tatnall, and to prohibit fishing in waters on

the lands of another in the county of Tatnall."

Also a bill 'To be entitled an act to amend an act to

create a board of commissioners of roads and revenues for

Crawford county, approved March 2d, 1874."

Also a bill "To be entitled an act to repeal an act, ap-

proved February 19th, 1876, reducing the corporate limits

of the town of Waycross, in the county of Ware."

Also a bill ''To be entitled an act to carry into opera-

tion paragraph 4, section I, article I I of the Constitution

of this :,tate."



The following bills of the House were read the second

time, and passed to a third reading, to-wit:

A bill "To repeal the several acts creating, organizing

and establishing County Courts for the counties of Dooly,

Campbell, Floyd, Rockdale and Clarke, and to provide for

the proper disposition of the business pending in said courts, and for other purposes.''

A bill ''To authorize the county commissioners of

Bibb county to purchase property put up for sale for

State and county taxes due in said county, and for other purposes."

A bill "To repeal an act, approved February 26th,

1877, authorizing and requiring the county commissioners

of Bibb county to pay all necessary and proper ex-

penses incurred in conducting elections in said county." 29

450

JouRNAL oF THE SENATE

A bill "To amend an act approved February 24, 1874, entitled an act to amend section 3 I of the Code of Georgia, in reference to illegal hunting with dogs, fire arms, or other implements, in and through any enclosed lands," etc., and
A bill ''To amend section 28 I of the Code." The adverse report of the Judiciary Committe was taken up and agreed to on the bill of the House "To require the Judge of the Superior Court of the county of Macon to transfer to the County Court of said county, all cases of misdemean0rs pending, or which may hereafter arise in said Superior Court, which remain untried at the end of each session of the Superior Court, to provide for the trial of such causes, and the disposal of the fines, forfeitures and costs that may be collected in such cases." The bill was, therefore, lost. The Senate took up, as the report of the Committee of the Whole, the bill of the House ''To incorporate the Dublin Telegraph Company." [Mr. McLeod submitted to the Senate satisfactory evidence that legal notice of intention to apply for the passage of this bill had been given.] The report was agreed to. The bill was read the third time and passed, by a constitutional majority, there being ayes, 30 ; nays, 2. The Senate took up, as the report of the Committee of the Whole, the bill of the House "To incorporate the Hutchinson Island Canal Company, of Chatham county." [Mr. Grantland submitted to the Senate satisfactory evidence that legal notice of intention to apply for the passage of this bill had been given.] The report was agreed to. The bill was read the third time and passed, by a constitutional majority, there being ayes, 26; nays, o. The Senate took up, as the special order, the report of the Committee of the '-"'hole on the bill of the House

SEPTEMBER 23, I8Jg.

45I

''To amend section 4637 of the Code of Georgia, in reference to the statements of prisoners in cases of felony, and the act of I 874, amendatory thereof, entitled an act to amend section 4637 of the Code of Georgia, by striking out the words 'for a felony,' in the second line of said section. Said last mentioned act approved 28th Feb

ruary, I 874"

The report was agreed to.

The bill was read the third time, and, on the question of its passage, the ayes and nays were reqired to be recorded.
Those who voted in the affirmative are, to-wit-Messrs.

Boyd, Bower, Bryan, Cabaniss, Candler, Casey, CClleamrkee~ts, Clifton, Cumming, Drake, DuBose,
Duncan.

Fain,

Lumpkin,

Folks,

McDaniel,

Grantland,

McLeod,

Grimes,

Perry,

Hamilton of the 14th, Preston,

Hamilton of the 21st, ]iussell,

Hawkins,

Simmotts,

Head,

Staten,

Hodges,

Tison of the lOth,

Holcombe,

Turner,

Holton,

Wellborn,

Hudson,

MR. PRESIDENT.

Ayes, 37 Nays, o.

So bill was passed by a constitutional majority.

The following message was received from the House

of Representatives, through Mr. Goetchius, the Clerk

thereof:

Mr. President:

The House of Representatives has adopted the report of the Joint Conference Committee, on the disagreement of the two Houses, upon the bill of the House ''Appro. priating money to pay the expenses of the Special Joint Wild Land Committee, appointed at the present session," and I am instructed to communicate notice of this action of the House to the Senate forthwith.

On motion of Mr. Hudson, the report of the Committee of Conference, referred to in the foregoing message, was taken up and concurred in.

jOURNAL OF THE SENATE

On motion of Mr. Candler, the bill of the House "To incorporate the town of Belton, in the counties of Hall an'.i B1nks, and for other purposes," was taken from the table, read the second time and passed to a third reading.

The Senate took up, as the report of the Committee of the Whole, the bill of the House "To repeal so much of an act as relates to the county of Lowndes, entitled an act to change and regulate the school system in the counties of Ware, Echols, Lowndes, Berrien, Charlton, Dodge and Clinch, in certain particulars, approved February 15th, 1877."

[Mr. Hudson submitted satisfactory evidence that legal notice had been given of intention to apply for the pass age of this bill.]

The report was agreed to.

The bill was read the third time and passed, by a con stitutional majority, there being ayes, 30 ; nays, o.

The Senate took up, as the report of the Committee of the Whole, the bill of the House "To authorize a reduc tion of the capitol stock of the Bank of Augusta, and to more clearly define and specify the power and authority of said bank."

[Mr. Cumming- submitted to the Senate satisfactory
evidence that notice had been given of intention to apply
for the passage of this bill. J

The report 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.

Boyd, Bower, Bryan, Cabaniss,
Candler, Casey, Clarke, Clements, Clifton,

Duncan, Fain,
Grantland,
Grimes, Hamilton of the 14th,
Hamilton of the 21st,
Hawkins,
Head, Holcombe,

Lumpkin, McDaniel, .McLeod, Perry,
Preston,
Rus~ell,
Tison of the 4th, Tison of the lOth, Troutman,

SEPTEMBER 23, 1879

453

Cumming,
Drake, DuBose,

Holton, Howell, Hudson,

Turner, Wellborn,
J.VlR. PRESIDENT.

Ayes, 36. Nays, o.

So the bill was passed by a constitutional majority.

The Senate took up, as the report of the Committee of the Whole, the bill of the House "To prohibit the sale of spirituous, malt and intoxicating liquors, for a valuable consideration, in certain localities in the State," and to prescribe a penalty therefor."

[Satisfactory evidences that legal notice of intention to to apply=for the passage of this bill had been given, was submitted to the Senate, so far as the counties of Oconee, Newton, \Vilkinson, Lowndes and Spalding are concerned, said evidence having been laid before the Senate by Messrs. McDaniel, Hamilton of the 21st, Preston, Staten and
Grantland. J

The report was agreed to.

The bill was read the third time and passed, by a constitutional majority, there being ayes, 29; nays, o.
The bill "To incorporate the Skidaway Narrows Canal Company, and to grant certain privileges therein named," was, on motion of Mr. Howell, 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 ''To incorporate the Thomasville Railroad Company, and to grant certain privileges to the same."

[Satisfactory evidence that legal notice had been given of intention to apply for the passage of this bill was submitted to the"Senate.l
The report was agreed to.

The bill was read the third time and passed, by a constitutional majority, there being ayes, 28 ; nays, o.

The Senate_took'up, as the report of the Committee of th~ Whole, the bill of the House "To incorporate th~

454

JouRNAL OF THE SENATE

Gate City Street Railroad Company, and for other purposes."
The same was amended, in accordance with the report of the Committee on Corporations, as follows :
rst. Amend section 2d by striking. out the word "exclusive," in the 2d line thereof.
2d. Amend section 6 by adding the following proviso : "Provided, That all the powers granted by this act shall cease, unless the said company shall, within two years from the passage hereof, begin the construction of said street railroad, and proceed, bona fide, in its construction."
The report, as amended, was agreed to.
The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 30; nays, o.
The Senate took up, as the report of the Committee of the Whole, the bill of the House "To review and carry out the true intent and meaning of the 3d section of an act approved December 22d, r857, entitled an act to lay out and organize the county of Wilcox, and to declare the duties of the county authorities, and the rights of the citizens of said county, relative to locating the county site of Wilcox county, and for other purposes."
[Mr. Hamilton of the 2 rst submitted to the Senate satisfactory evidence that legal notice of intention to apply
for the passage of this bill had been given. J
The same was amended, in accordance with the recom mendation of the Committee on Local and Special Bills, by striking from the title the word ''review," and also by striking from the bill the preamble.
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.

SEPTEMBER 24, 1879

455

Boyd, Bryan, Candler, Casey, Clifton, Cumming, Drake, Duncan, Folks, Grantland,

Hamilton of the 14th, Hamilton of the 21st,
Hawkins, Hodges. Holcombe, Holton, Hudson, McDaniel, :McLeod.

Perry, Preston, Simmons, Staten, Tison of the 4th, Tison of the lOth, Troutman, Turner,
MR. PRESIDENT.

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

Bower, Clarke,

Clements, DuBose,

Lumpkin.

Ayes, 28. Nays, 5

So the bill was passed by a constitutional majority.

Mr. Hudson gave notice that he should move a recon-

sideration of the. action of the Senate, in agreeing to the

adverse report of the committee in relation to the bill of

the House, providing for the transfer of misdemeanor

cases from the Superior to the County Court of Macon

county, and for other purposes.

The Senate, on motion, adjourned until 9 o'clock, a. m.,

to morrow.

SENATE CHAMBER, } Wednesday, September 24th, r879, 9 o'clock, a. m.

The Senate met pursuant to adjournment, the President

in the chair.

Prayer by the Chaplain.

On the call of the roll, the following Senators answered

to their names, to wit:

Boyd, Bower, Bryan, Cabaniss,
Candler, Casey, Clarke, Clemeuts, Clifton,
Cumming, nrake, DuBose,
Duncan,
Fain,

Folks, Grantland, Grimes, Hamilton nf the 14th,
Hamilton of the 21st, H'urison, Hawkins, Head, Hodges,
Holcombe, Holton, Howell,
Hudson,
Lumpkin,

McDaniel, }fcLeod, Perry, Preston, Russell, Siuunons, Speer, Staten, Tiwn of the 4th, Tison of the lOth, Troutman, Turner, Wellborn,
MR. PRESIDENT,

JouRNAL OF THE SENATE
The journal was read and approved. Leave of absence for a few days, after Friday next, was granted Mr. Staten.
On motion of Mr. McDaniel, the special order for this hour, to-wit: the bill of the Senate "For the better government of the convicts of this State," was discharged.
On motion of Mr. Hudson, so much of the journal of yesterday was reconsidered, as relates to the act of the Senate in agreeing to the adverse report of the Committee on the Judiciary, on the bill of the House providing for the transfer of misdemeanor cases from the Superior to the County Court of Macon county.
The adverse reports of committees on the following bills of the House \vere taken up, and agreed to, and the bills were, therefore, severally lost, to-wit :
A bill "To prevent the dismissal of cases in the Supreme Court for want of the certificate of the presiding judge, where tne said Judge has pronounced judgment in a motion for new trial and bill of exceptions filed, and for other purposes therein named."
A bill ''To amend section 3409 of the Code of Georgia, with reference to serving process on insurance companies, and for other purposes,'' and
A bill "To provide for the preservation of order on the railroads of this State."
Mr. Simmons offered the following privileged resolution, to-wit:
"Resolved, That the Hon. James M. Smith, ex-Governor of this State, be invited to a seat on the floor of the Sen ate during his stay in this city."
The following bills of the House were read the second time and passed to a third reading, to-wit:
A bill "To repeal an act to make minor!:> parties to proceedings in the Courts of this State, approved 24th February, 1876."
A bill ''To prohibit the retail of spirituous liquors, ex-

457
cept for medicinal or mechanical purposes, in the county of Morgan."
A bill ''To incorporate the town of Maysville, in the counties of Jackson and Banks, and to grant election powers and privileges to the same, and for other purposes."
A bill "To carry into effect paragraph 2, section 18, article 6 of the Constitution, so as to provide for the revision of the jury box, and for other purposes."
A bill "To alter and amend section 4141 of the revised Code of Georgia, which provides tor the dating and serving of summonses in the justices courts in this State."
A bill "To carry into effect paragraph 5, section 12, of article 3, of the Constitution of Georgia."
A bill 'To amend section 3408 of the Code of Georgia, with reference to the venue of suits against insurance com panies having more than one place of business in this State, and for other purposes," and
A bill "To amend an act to create a board of commismissioners of roads and revenue in the counties of Floyd, Effingham, Schley, Sumter and Greene, so far as relates to the county of Sumter."
The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof: Mr. Ptesident :
The House of Representatives has agreed to the following resolution, in which they respectfully ask the concur renee of the Senate, to-wit:
A resolution "In relation to the collection of the special liquor tax in this State. "
The House has passed the following bills, to-wit: A bill ''To be entitled an act to authorize clerks of tax receivers in the several counties of this State to administer oaths in certain cases herein provided." Also a bill "To be entitled an act to alter and amend section 1730 of the revised Code of Georgia, of 1873, by

JOURNAL OF THE SENATE
striking out the words ''a special jury selected from the grand jury," and inserting, in lie.u thereof, the words "a jury as in other common law cases."
Also a bill ''To be entitled an act for the relief of James L. Fleming, to-wit: the withdrawal of his residence and lands from within the corporate limits of the village of Summerville, in Richmond county, Georgia.''
Also a bill "To be entitled an act to amend an act entitled an act to provide for the payment of the fees of the Solicitor General of the Southern Circuit, of this State, in cases of misdemeanor transferred to the County Courts in said circuit, and for other purposes, so as to provide also for the fees of the clerk of the Superior Court and sheriff of the county of Brooks, in said cases."
Also a bill "To be entitled an act to amend section 1832 of the Code."
Also a bill ''To be entitled an act to repeal an act requiring judgment creditors, in certain cases, to have their judgments recorded in the county of defendant's residence, and, in lieu thereof, to require a proper docketing of the fl. fas. in said cases."
Also a bill ''To be entitled an act to prevent the maintaining or carrying on of any lottery, or agency of lottery, in this State, and for other purposes."
Also a bill "To be entitled an act to make it illegal, after January rsth, r88o, for the judge of any City Court, in this State, to hold any municipal office or appointment in the city where such court is held."
Also a bill "To be entitled an act to amend an act entitled an act to prohibit the killing of partridges, wild turkeys or deer, at certain seasons, in the counties ot Lowndes, Thomas and Putnam, in this State, approved February 28, r876, so iar as the same relates to the county of Thomas, and to prohibit the destruction of the nests of partridges and wild turkeys, and to make the proof of the possession

SEPTEMBER 24, 1879

459

of any of the game protected by said act prima fade evidence of guilt."
Also a bill ''To be entitled an act to incorporate the Augusta Savings Bank."
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 invites the consideration of your honorable body in executive session.
On motion of Mr. Holton, the joint resolution from the House "In relation to the collection of the special liquor tax in this State," was taken up and concurred in.
The following bills of the House were read the first time and referred to the Committee on the Judiciary, to wit :
A bill ''To alter and amend section 1730 of the revised Code of Georgia, of 1873, by striking out the words "a special jury selected from the grand jury," and inserting, in lieu thereof, the words, ''a jury as in other common law cases."
A bill ''To extend to the county of Burke the provisions of an act entitled an act to provide for the payment of certain insolvent criminal costs in the Augusta Judicial Circuit, approved February 15, 1873."
A bill "To make itillegalafter January 15, 188o, for the judge of any City Court in this State to hold any municipal office or appointment in the city where such court is held."
A bill "To authorize clerks of tax receivers in the several counties in this State to administer oaths in certain cases herein mentioned."
A bill "To prevent the maintaining or carrying on of any lottery in this State, and for other purposes."
A bill ''To amend an act entitled aP act to provide for the payment of the fees of the Solicitor General of the

JouRNAL OF THE SENATE
Southern Circuit of this State in, t::ases of misdemeano'r transferred to the County Courts in said circuit, and for other purposes, so as to provide also for the fees of the clerk of the Superior Court and sheriff of the county of Brooks, in said cases."
A bill ''To provide for the election of judge of the County Court of Putnam county by the qualified voters of said county, and for other purposes.
A bill "To repeal an act to prescribe the mode of granting license to sell intoxicating liquors in the county of Muscogee, outside the corporate limits of the city of l.olumbus. and within one-half mile of the corporate limits of said city, approved February 23, I876."
A bill' 'To carry into operation paragraph 4, section r, article I I, of the Constitution of the State.''
A bill "To define who are agents of insurance companies not incorporated by or under the laws of this State, and to fix their liability when acting without authority of law."
A bill "To repeal an act requiring judgment creditors, in certain cases, to have their judgments recorded in the county of defendant's residence, and, in lieu thereof, to require a proper docketing of the fi. fas., in such cases."
A bill "To amend section 1832 of the Code." A bill "To prescribe the fees of the clerk of the Supe rior Court for all services required of him in the appointment of commercial notaries public, and for other pur poses. The following bills of the House were read the first time and referred to the Committee on Corporations, to-wit: A bill "To provide for the incorporation of colleges, libraries and other literary, charitable, or social organizations which have no capital stock, and which are not organized for individual pecuniary gain," and A bill "To incorporate the Augusta Savings Bank." The bill of the House "To repeal an act entitled an act

SEPTEMBER 2-J., I 879.

to reduce the commissions of the tax collector and tax

receiver for collecting the county tax for the county of

Clay, and to repeal an act entitled an act to reduce the

commissions of the county treasurer for said county, both

of which acts were approved February 28th, I876," was

read the first time and referred to the Committee on Fi

nance.

The following bills of the House were read the first time

and referred to the Committee on Education, to-wit :

A bill To amend an act requiring the county school

commissioners of the several counties to make annual re-

ports of school operations, and to submit their books for

examination to the grand juries of their respective counties,

approved February 2 I st, I 877," and

A bill "To repeal an act entitled an act to change and

regulate the school system in the counties of Ware,

Echols, Lowndes, Berrien, Charlton, Dodge and Clinch,

in certain particulars, approved February 15th, 1877, so

far as applicable to Dodge county."

The following bills of the House were read the first time

and referred to the Committee on Local and Special Bills,

to-wit :

A bill ''For the relief of James L. Fleming, to-wit: the

withdrawal of his residence and lands from within the cor-

porate limits of the village of Summerville, in Richmond

county."

.

A bill' 'To amend an act to prohibit the killing of par-

tridges, wild turkey or deer, at certain seasons, in the coun-

ties of Lowndes, Thomas and Putnam, m this. State, ap-

proved February 28th, 1876, so far as the same relates to

the county ofThorr1as, and to prohibit the destruction of

the nests of partridges and wild turkeys, and to make the

proof of the possession of any of the game protected by

said act pn'ma facie evidence of guilt."

A bill "To fix the amount of license for selling or vend-

ing spirituous or intoxicating liquors in the counties of

JoURNAL OF THE SENATE
Wayne, Liberty, Coffee and Appling, in this State, and to prescribe a punishment for any violation of this act, and for other purposes."
A bill "To encourage the culture of fish in the natural and artificial ponds on the plantations of David Dickson, of the county of H;mcock, lying in the counties of Hancock and Washington."
A bill ''To prohibit bunting on the lands of another in the counties of ]ones, Montgomery and Tatnall, and to prohibit fishing in waters on the lands of another in the county of Tatnall."
A bill "To repeal an act approved February 19th, 1876, reducing the corporate limits of the town of Waycross, in the county of Ware."
A bill ''To amend an act entitled an act to create a board of commissioners of roads and revenues for Crawford county, approved March zd, 1874,'' and
A bill ''To prescribe the method of granting license to sell spirituous or intoxicating liquors in the town of Eastman, and in the county of Dodge, in this State, and to fix the license therefor, and to prescribe a penalty for a violation of said act, and for other purposes,"
Leave of absence, for to-day, was granted Mr. Bryan. On motion of Mr. Lester, the bill of the House ''To authorize any coroner of this State to appoint a deputy, and for other purposes,". was taken up and recommitted to the Judiciary Committee. On motion of Mr. McDaniel, the bill of the House ''To declare and amend the laws of this State touching the jurisdiction and modes of procedure in the Superior Courts, in certain cases, so as relates to counties having therein a city of ten thousand or more inhabitants," was made the special order for Friday, September 26th, after reading the journal. 'l'he following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof:

SEPTEMBER 24, 1879
Mr. President: The House of Representatives has concurred in the
amendments of the Senate to the following bills of the House, to-wit:
A bill to be entitled an act '' To empower the county commissioners of Coweta county to purchase the bridge over Moore's Ferry, on the Chattahoochee river, and for other purposes."
Also a bill "To be entitled an act to repeal the several acts establishing commissioners of roads and revenue in the counties ol Jones, Chattahoochee, Douglas, Floyd, Bulloch and Heard, respectively."
Also a bill "To be entitled an act to revive and carry out the true intent and meaning of the 3d section of an act approved December zzd, I 857, entitled an act to lay out and organize the county of Wilcox, and to declare the duties of the county authorities, and the rights of the citizens of said county, relative to locating the county site of Wilcox, and for other purposes. "
Also a bill to be entitled an act "To change the times of holding the Superior Courts of Fayette county."
Also a bill 'To provide for the creation of boards of commissioners of roads and revenues in the counties ot Cobb, Dooly, Henry, Telfair and Washington, in this State; to prescribe their powers and duties, and to fix their compensation and the pay of officers employed by them."
Also a bill ''To be entitled an act to incorporate the Gate City Street Railroad Company, and for other purposes."
The Senate took up, as the report of the Committee of the Whole, the bill of the Senate "To define the jurisdiction, powers, proceedings and practice of County Courts in this State, so that the same shall be uniform, as required by paragraph I, of section g, of article 6, of the Constitution of this State."

JouRNAL oF THE SENATE
The Committee on the Judiciary reported in favor of the passage of the bill, by substitute.
On motion of Mr. Bower, the substitute of the Judiciary Committee was amended by striking out the words ''more than one hundred and," from its 5th section.
The substitute, as amended, \Vas adopted. The report, as amended, was agreed to. The bill was read the third time and passed, as amended,
by a constitutional majority, there being ayes, 32; nays, o.
The Senate took up, as the report of the Committee of the 'vVhole, the bill of the House "To amend an act approved February 24th 1874, entitled an act to amend section 31 of the Cod~ of Georgia, in reference to ille~ al hunting with dogs, firearms or other implements, in and through any enclosed lands," etc.
The report was agreed to. The bill was read the third time and passed, by a constitutional majority, there beinv ayes, 24; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill of the _House "To authorize the commissioners of Bibb county to purchase property put up for State and county taxes, due in said county, and for other purposes therein named." The report was agreed to. The bill was read the third time and passed, by a con-
stitutional majority, there being ayes, 25 ; nays, 10.
The Senate took up, as the report of the Committee of the Whole, the bill of the House ''To incorporate the town of Belton, in the counties of Hall and Banks, and for other purposes."
The same was amended, on motion of Mr. Candler, by striking out all after the 3d section, and substituting therefor an amendment designated by sections numbers 4, 5, 6, 7, 8, 9, 10, I I, I2 and I3.
[Mr. Candler submitted to the Senate satisfactory evi. dences that notice of intention to apply for the passage of

this bill had been given, both as to the county of Hall and

Banks.] The report, as amended, was agreed to.

The bill was read the third time and passed, as amended,

by a constitutional majority, there being ayes, 26; nays, o.

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

the Whole, the bill of the House ''To establish a system

of public schools for the city of Cartersville, and to provide

for the support and maintenance thereof, and for other

purposes."

[Mr. Hawkins submitted satisfactory evidence that notice

of intention to apply for the passage of this bill had been

legally given.]

On motion of Mr. flawkins, the bill was amended by

striking out the word "lands," in the 6th line of the 10th

section, and inserting, in lieu thereof, the word "bonds."

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,
Candler, Clarke, Clifton, Cumming Drake, DuBose, Duncan, Fain, Folks, Grantland,

Grimes,
Hamilton of the 14th. Hamilton of the 21st, Hawkins, Head, Hoclges, Holcombe, Holton, Hudson, Lum!Jkin, McDaniel,

McLeod, .J;'rrry, Preston, Hussell, Staten, Tison of the 4th, Tison of the lOth, Tnmer, Wellborn,
MR. PRESIDENT.

Ayes, 32. Nays, o.

So the bill was passed by a constitutional majority.

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

the Whole, the bill of the House "To incorporate the Athens Transfer Railroad Company."

[Mr. McUaniel submitted to the Senate satisfactory evi-

dence that legal notice of intention to apply for the passage of this bill had been given.]

30

JouRNAL OF THE SENAtE
The report was agreed to. The bill was read the third time and passed, by a consti~ tutional majority, there being ayes, 26; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill of the House "To amend section 281 of the Code." The report was agreed to. The bill was read the third time and passed, by a constitutional 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 "To incorporate the Dahlonega Air-Line Railroad Company, and for other purposes." The same was amended as follows, in accordance with the repcrt of the Committee on Corporations: 1st. A mend section 5 by striking out the words "one hundred," in the 8th and 9th lines, and inserting, in lieu thereof, the word "fifty." 2d. Amend the 5th section by inserting, after the word ''side," in the - iine, the words ''and they shall also have the power of felling and removing standing timber, which, by reason of proximity to said track, may endanger the same, or impair the safety of persons or property conveyed thereon." 3d. Amend section 8th by striking out the word "shall," in the 4th line, and inserting, in lieu thereof, the word ''may." 4th. Amend the 8th seetion by adding thereto, the following proviso: "Provided, That no prospective or actual increase of value, on account of the building of such road, shall be allowed to prevent the owner of the land so appropriated from recovering the actual value of the land so taken from him." [Mr. Candler submitted to the Senate satisfactory evidences that legal notice of intention to apply for the passage of this bill had been given.]

SEPTEMBER 24, I87g.
The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 27; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill of the House ''To repeal an act approved February 26th, r877, authorizing and requiring the county commissioners of Bibb county to pay all necessary and proper expenses incurred in conducting elections in said county." The report was agreed to. The bill was read the third and passed, by a constitutional majority, there being ayes, 29; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill of the House "To repeal the several acts creating, organizing and establishingcounty courts for the counties of Dooly, Campbell, Floyd, Rockdale and Clarke, and to provide for the proper disposition of the business pending in said courts, and for other purposes." [Satisfactory evidence was submitted to the Senate that legal notice of intention to apply for the: passage of this bill had been given, so far as the counties of Rockdale, Campbell, Clarke and Dooly are concerned.]
The bill was amended, on the recommendation of the Judiciary Committee, by adding the following to the 4th section, ~o-wit: "And who shall receive such compensation for discharging the duties devclving upon him by the provisions of this act as the grand juries of said county of Clarke shall allow him, and it shall be the duty of said ordinary to make an itemized statement to the grand juries of each, the fall and spring terms of the Superior Court of said county of Clarke, in each year, of his demand for com_ pensation for such services rendered the said county of Clarke, each six months preceding each term of said Superior Court; and the grand juries shall review said statements, and allow said ordinary said demands, in part or whole, or not at all, as they think right; and when any

] OURNAL OF THE SENATE

grand jury shall audit, approve and allow any demand of

said ordinary, for such services, in whole or in part, such

demand so audited, approved and allowed, shall form a

part of the general presentments of said grand jury, and

shall be entered upon the minutes of said Superior Court,

and be published in such general presentments; and when so

allowed, such demand shall be paid by the Treasurer of

Clarke county out of any fund in the Treasury of said

county not otherwise appropriated."

The report, as amended, was agreed to.

The bill was read the third time and passed, as amended,

by a constitutiona! majority, there being ayes, 29; nays, o.

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

the Whole, the bill of the Senate ''For the better govern-

ment of the convicts of this State."

Amendments were offered to the same by Mr. Bower,

Mr. Preston, Mr. Hodges and Mr. Holcombe.

Pending action thereon, Mr. Holton moved to indefinitely

pc,stpone the whole subject matter.

On this proposition, Mr. Cumming required the ayes

and nays to be recorded.

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

Candler, Clarke, Drake,
Duncan, Hamilton of the 14th,

Hamilton of the 218t, Head, Holton,
Hussell, Simmons,

Staten, Tison of the 4th, Tison of the lOlh,
Turner, Wellborn.

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

Boyd, Bower, Casey, Clifton, Cumming, DuBose, Fain,

Folks, Harrison, Hawkins, Hod2;es, Holcombe, Howell, Hudson,

Lumpkin, McDaniel, :McLeod, Perry, Preston, Tr..utman, :MR. PRESIDENT.

Ayes, 15. Nays, 2I.

So the motion to postpone did not prevail.

Mr. DuBose offered a resolution, which was adopted,

referring the bills on this subject, with the proposed

amendments thereto, to a special committee of five.

SEPTEMBER 25, 1879-
The President appointed as the committee, Messrs. Bower, Speer, Holcombe, Lumpkin and Preston.
Mr. Hudson moved that the bill of the House, passed this day, in relation to the establishing a school system for the city of Cartersville, be transmitted to the House of Representatives without delay.
The Senate, on motion, adjourned until9 o'clock, a. m., to-morrow.

m.} SENATE CHAMBER,
Thursday, September 25th, 1879, 9 o'clock, a.

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

Prayer by the Chaplain.

On the call of the roll, the following Sendtors answered to their names, to-wit:

Boyd, Bower, Bryan,
Cabaniss, Candler, Casey, I 'larke,
Clements, Clifton,
Cllmming, Drake, DuBose, Duncan, Fain. Folks,

Grantland, Grimes, Hamilton of the 14th. Hamilton of the 21st', Harrison,
Hawkins,. Head, Hodges, HoJc,>mbe. Holton,
Howell, Hudson, Lumpkin,
~icDaniel,

McLeod, Perry, Preston, Hussell,
Simmons, Speer, Staten, Stephens,
Tison of the 4th, Tison of the lOth, Troutman, Turner, Wellborn,
MR. PRESIDENT.

The journal was read and approved.

Leave of absence was granted to Mr. Bryan indefinitely,

on account of feeble health, and to Mr. Duncan until

...

~.J

Monday next on important business, after to-day.

The special order was taken up,: to-v.it: The bill pro-
viding for the classification of th,.e convicts of this State, and,
on motion of Mr. Preston, referred to the special committee

470

JouRNAL oF THE SENATE

of five, to whom, on yesterday, the bill "For the better government of the convicts of this State," was referred.
Mr. McDaniel, chairman of the Judiciary Committee, and Mr. Clements, chairman of the Committee on Local and Special Bills, made reports on certain bills.
Mr. Russell, chairman of the Committee on Enrollment, submitted the following report: Mr. Presidmt:
The Committee on Enrollment report as duly enrolled, and ready for the signatures of the President and Secretary of the Senate, the following act, to-wit:
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 relating thereto, and for other purposes."
The following message was received from the House of Representatives, through Mr. Goetchius, the clerk thereof: Mr. President:
The House of Representatives has passed the following bills, to-wit :
A bill "To be entitled an act to prescribe the compensation of the Secretary of the Senate and Clerk of the House of Rer-rescntati ves of this State ; to regulate the appointment of their assistants, and to provide for their giving bond, as required by the Constitution, and for other purposes."
Also a bill "To be entitled an act to amend section 3540 of the revised Code of 1873"
Also a bill "To be entitled an act for the protection of game and birds in the county of Bibb; to prohibit the killing, trapping, or netting the same, or buying, selling, or offering for sale the same, during certain months, in said county ; to provide penaities for so doing, and for other
purposes." Also a bill ''To be entitied an act to require section
bosses and overseers on raiol.roads to remove stock killed by the running of raih,ray machinery, and for other purpos~s,"

SEPTEMBER 25, 1879.

471

Also a bill "To be entitled an act to establish the Middle Georgia Military and Agricultural College."
Also a bill 'To be entitled an act to provide a mode of proof of service, when made by publication."
Also a bill "To be entitled an act to repeal section rgr of the revised Code, which provides for the pay of members of the Legislature who die during the session, or afterwards, without having received the whole or any portion of his pay."
Also a bill "To be entitled an act to appropriate money to defray the expenses of a survey of the State line between Georgia and North Carolina, so far as the same is the line between Rabun county, in Georgia, and Macon county, North Carolina."
Also a bill ''To authorize the Governor to sell and convey to the city of Atlanta certain property of the State of Georgia, on Spring street, in said city, for street purposes."
Also a bill "To be entitled an act to prevent the depredation of hogs in the county of Morgan, and prescribe a penalty for same."
Also a bill "To be entitled an "act to make the liquor license in Tatnall county, for all dealers, twenty-five hundred dollars per annum, and for other purposes."
Also a bill "To be entitled an act to change the time of holding the Superior Court in the county of Henry."
The following message was received from the Hous~ of Representatives, through Mr. Goetchius, the clerk thereof: Mr. President:
The House of Representatives has agreed to the following resolution, in which they respectfully ask the concurrence of the Senate, to-wit:
A resolution "To authorize Peterson Thweatt to sue the State," and I am instructed to transmit the same to the Senate immediately.
The adverse report of the ]udiciary Committee on the
'bill of the fious~ ''To authorize any coroner in this Stat~

472

JOURNAL OF THE SENATE

to appoint a deputy," was taken up and agreed to, and the biil was, therefore, lost.
The following bills of the House were read the second time, and passed to a third reading, to-wit:
A bill "To repeal an act to prescribe the mode of granting license to sell intoxicating liquors in the county of Muscogee, outside the corporate limits of the city of Columbus, and within one-half mile of the corporate limits of said city, approved ~February 23d, I 876."
A bill "To make it illegal, aft~r January 15th, 1880, for the judge of any City Court in this State to hold any municipal office or appointment in the city where such court is held."
A bill "To define who are agents of insurance companies not incorporated by or under the laws of thisState, and to fix their liability when acting without authority of law."
A bill ''To alter and amend section 1730 of the revised Code of Georgia, of 1873, striking out the words 'a special jury selected from the grand jury,' and inserting, in lieu thereot, the words 'a jury as in other common law cases.'"
A bill "To regulate the practice in the courts of this State, as to requests to charge the jury."
A bill "To amend section 1832 of the Code." A bill "To prescribe the method of granting license to sell spirituous or intoxicating liquors in the town of Eastman, and the county of Dodge, and to fix the license therefor, and for other purposes." A bill "To providefor the electi m of judge of the County Court of Putnam county, by the qualified voters of said county, and for other purposes." A bill ''To prescribe the fees of the clerk of the Superior Court for all services required of him in the appointment of comrnercial notaries public, and for other purposes." A bill "To repeal an act requiring judgment creditors, iQ certain cases, to have their judgments recorded in ~e

SEPTEMBER 25, 1879

473

county of defendant's residence, and, in lieu thereof, to
require a proper docketing of the .ft. fas. in such cases."

A bill "To carry into operation paragraph 4, section I,

article 1 1 of the Constitution of this State."



A bill ''To amend an act in relation to the killing of par-

tridges, wild turkeys or deer, at certain seasons, in the

counties of Lowndes, Thomas and Putnam, approved Feb-

suary 28th, 1876, so far as the same relates to the county

of Thomas, and for other purposes therein named.''

A bill ''To fix the amount of license for selling or vend-

ing spirituous liquors in the counties of \Vayne, Liberty,

Coffee and Appling, in this State, and to prescribe a pun-

ishment for any violation of this act, and for other pur-

poses."

A bill "To prohibit hunting on the lands of another, in

the counties of Jones, Montgomery and Tatnall, and to

prohibit fishing in waters on the lands of another in the

county of Tatnall."

A bill To encourage the culture of fish in the natural

and artificial ponds on the plantations of David Dickson,

of the county of Hancock, lying i'1 the counties of Han-

cock and Washington."

A bill "For the relief of James L. Flemin~, to-wit: the

withdrawal of his residence and lands from within the

corporate limits of the village of Summerville, in Richmond

county, Georgia."

A bill "To amend an act entitled an act to create a board

of commissioners of roads and revenue for Crawford county,

approved March zd, 1874," and

A bill ''To repeal an act approved February 19th, 1876,

reducing the corporate limits of the town of Waycross, in

the county of \Vare."

The following bills of the House were read the first

time and referred to the Cr)lnmittee on the Judiciary, towit:

1\ bill ''To require section bosses and over~eers on rail-

474

jOURNAL OF THE SENATE

roads to remove stock killed by the running of railway machinery, and for other purposes."
A bill "To repeal section 191 of the revised Code, which provide!l for the pay of members of th<" Legislature who die during the session, or afterwards, without having received the whole or any portion of his pay."
A bill "To amend section 3540 of the revised Code of I873"
A bill ''To provide a mode of proof ofservice when made by publication," and
A bill 'To change the time of holding the Superior Court in the county of Henry."
At the hC)ur of w o'clo:k, a. m.. the President an nounced : ''The time for that purpose having arrived, the Senate will now be organized as a Court of Impeachment for the trial of John \V. Renfroe, Treasurer of the State of Georgia.''
The Chief Justice of the Supreme Court of Georgia, Hon. Hiram Warner, was received by the Senate, attended by the committee, and accompanied by the Hon. James Jackson, Associate Justice of the Supreme Court of this State.
The President announced : ''The Chief Justice will now, according to order, take the oath prescribed in the Rules of Procedure."
The oath was admi11istered by the Hon. James Jackson, as follows, to-wit:
''You do solemnly swear that in all things appertaining to the trial of the impeachment of J obn W. Renfroe, now pending, you will do impartial justice, according to the Constitution and laws of this State. So help you God."
The President retired from the chair. The President resumed the chair at the close of the seSsion of the High Court of Impeachment, and announced: "The Senate is now in session for legislative purposes."
The following message wa13 received from the House

SEPTEMBER 25, I879

475

of Representatives, through Mr. Goetchius, the Clerk

thereof:

Mr. President : The House of Representatives has concurred in the

amendments ofthe Senate to the following bills of the

House, to-wit: A bill "To be entitled an act to repeal the several acts

creating, organizingand establishing County Courts for the

counties of Dooly, Campbell, Floyd, Rockdale and Clarke, and to provide for the proper disposition of the

business pending in said courts, and for other purposes."

Also a bill "To be entitled an act to incorporate the

Dahlonega Air-Line Railroad Compa"1y, and for other pur-

poses."

Also a bill 'To be entitled an act to incorporate the town of Belton, in the counties of Hall and Banks, and for other

purposes."

Also a bill ''To be entitled an act to establish a system

of public schools.for the city of Cartersville, and to provide

for the support and maintenance thereof, and for other purposes."

The following bills of the House were read the first time

and referred to the Committee on Finance, to-wit:

A bill "To provide the compensation of the Secretary

of the Senate and Clerk of the House of Representatives,

of this State ; to regulate the appointment of their assis-

tants, and to provide for their giving bond, as required by

the Constitution, and for other purposes.''

.

A bill ''To appropriate money to defray the expenses of

a survey of the State line between Georgia and North

Carolina, so far as the same is the line between Rabun

county, in Georgia, and Macon county, in North Carolina," and

A bill ''To authorize the Governor to sell and convey to

the city of Atlanta certain property of the State of Geor-
iia, Qn Sprin~ street1 in s~id city, for street purpos~s,''

476

jOURNAL OF THE SENATE

The following bills of the House were read the first time and referred to the Committee on Local and Special Bills, to-wit :
A bill "To prevent the depredation of hogs in the county of Morgan, and to prescribe a penalty for the same."
A bill "To make the liquor license of Tattnall county, for all dealers, $2,500 per annum, and for other purposes," and
A bill "For the protection of game and birds in the county of Bibb ; to prohibit the killing, trapping or netting the same, or buying, s~lling or offerin~ for sale the same, during certain months, ii1 said county ; to provide penalties for so doing, ~and for other purposes."
The following bills of the House were read the first time and referred to the Committee on Corporations, to-wit :
A bill "To incorporate the American Guarantee Association," and
A bill "To incorporate the National Mercantile Debt Assurance Company."
The bill "To establish the Middle Georgia Military and Agricultural College," wa<> read the first time and referred to the Committee on Education.
The bill of the House "To prohibit railroads or other incorporated companies of this State, or of other States, or foreign States, doing business in this State, from making contracts with their eruployes, whereby said employes are required to waive damages in case of injury, and to de- clare such contracts null and void," was, on motion, !aken up and recommitted to the Judiciary Committee.
The bill of the House "To provide for the incorporation of colleges, libraries and other literary, charitable or~social organizations, which have ,no capital ;stock, and which are not organized .for)ndividual ;:pecuniary ;gain," was, on motion, recommitted to the.J udiciary Committee.
Mr. Hodges introduced a resolution "To memorialize

SEPTEMBER 25, r879.

477

Congress to clear out the Savannah river, so as to make it navicrable for steamboats," which was, on his motion, re-
ferre"d' to the Committee on the State of the Republic.
The following privileged resolution was offered by Mr. Cabaniss, and read and agreed to, to-wit :
"Resolved, That the Committee on Rules for the government of the Senate, during the impeachment trial of .John \V. Renfroe, be authorized to employ the stenographic reporter to report the entire proceedings of the
trial of said John vV. Renfroe, Treasurer of Georgia, for
which services he shall receive the same compensation as was provided for in the trial of \V. L. Goldsmith."
Mr. Cabaniss offered the following privileged resolution, which was agreed to, to-wit:
"Resolved, That the Secretary of the Senate be ordered to have one hundred copies of the answer of John W. Renfroe, Treasurer of Georgia, printed for the use of the High Court of Impeachment."
Mr. Cumming offered the followingprivilegedresolution, which was agreed to, to-wit :
"Resolved, That the Senate request the return from the House of a House bill, No. 791, that the same may be amended in the Senate."
On motion of Mr. Grimes, the resolution of the House "To authorize Peterson Thweatt to sue the State," was taken up, read, and referred to the Committee on the Judiciary."
The following message was received from the House Representatives, through Mr. Goetchius, the clerk thereof: }lft. President:
The House of Representatives has agreed to a resolution instructing me to return to the Senate the following bill of the House, to-wit:
A bill "To be entitled an act to prohibit the sale of spirituous, malt or intoxicating_liquors, for a valuable con-

JouRNAL oF THE SENATE
sideration, in certain localities in this State, and to prescribe a penalty therefor."
On motion of Mr. Cumming, the bill mentioned in the foregoing message was taken up and recommitted to the Judiciary Committee, with the request that said committee examine and report what proceedings are necessary for the reconsideration and passage of the same, under the rules of the Senate.
The Senate took up, as the report of the Committee of the Whole, the bill of the Rouse "To carry into effect paragraph 2, section I 8, of article 6, of the Constitution, so as to provide for the revision of the jury box, and for other purposes therein named."
The Committee on the Judiciary reported a substitute. The substitute was adopted. The report, as amended, was agreed to. The bill was read the third time and passed, by a constitutional majority, there being aye~. 25 ; nays,o. The Senate took up, as the report of the Committee of the Whole, the bill of the House "To carry into effect paragraph 5, section 12, of article 3, of the Constitution of Georgia." The report was agreed to. The bill was read the third time and passed, by a constitutional majority, there being ayes, 33 ; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill of the House "To amend section 3408 of the Code of Georgia, with reference to the venue of suits against insurance companies having more than one place of business in this State, and for other purposes." The report was agreed to. The bill was read the third time and passed, by a constitutional majority, there being ayes, 26; nays, o. The Senate took up, as the report of the Committee of
the Whole, the bill o::- the House ''To amend an act to
create a board of commissioners of roads and revenue for

479
the counties of Floyd, Effingham, Schley, Sumter and Greene, so far as the same relates to the county of Sumter."
[Mr. Hudson presented to the Senate satisfactory evidence that legal notice had been given of intention to
apply for the passage of this bill. J
The report was agreed to.
The bill wa!: read the third time and passed, as amened, by a 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 "To alter and amend section 4141 of the revised Code of Georgia, which provides for the dating and serving of summonses in the Justices' Courts in this State."
The same was amended, in accordance with the report of the Judiciary Committee, by striking from the title and the bill the word ''revised," wherever the same occurs, and inserting after the word ''Code," where\:er the same occurs, the words and figures "of 1873."
The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 24; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill of the House ''To repeal an act to make minors parties to proceedings in the courts of this State, approved 25th February, 1876." The same was amended, in accordance with the report of the Judiciary Commitee, by striking from the rst section the following worJs: "To such minors personally, and, also," which occur in the I 2th and I 3th lines of said section. The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 24; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill of the House ''To prohibit the retail

}OURNAL OF THE SENATE
of spirituous liqours, except for medical or mechanical putposes, in the county of Morgan."
[Mr- Preston submitted to the Senate satisfactory evidence of the legal notice to apply for the passage of this bill.]
The same was amended, in accordance with the report of the Judiciary Committee, by substituting a section, to be designated as the 5th section of the bill, in lie :.I of the original 5th section.
The same was further amended, on motion of Mr. Preston, by striking out the word "gallon," wherever it occurs in section 6th, and inserting, in lieu thereof, the word "quart."
The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a constiutional majority, there being ayes, 27; nays, o. The Senate took up, as the report of the Committee of the whole, the bjll of the House "To incorporate the town of l\bysville, in the counties of Jackson and Banks, and to grant election powers and privileges to the same, and fot other purposes. '' [Mr. Candler submitted to the Senate satisfactory evidence that legal notice of intention to apply for the passage of this bill had been given.l The same was amended, in accordance with the report of the Committee on the Judiciary, as follows: Amend by striking section 4, and changing the numbers of the remaining section::; accordingly. Amend section 7 by inserting after the word ''town," in the zd line, the words "and also power." Amend section 7 by inserting, after the word "necessary," in the 9th line, the words "so far as the Constitution of this State will allow," The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional n1ajority, there being ayes, 24; nays, o. The adverse report of the Judiciary Committee on the

bill of the House "To declare more fully the intent of the
General Assembly, expressed in paragraph 14, section 2 of an act to collect a tax for the support of State Government, approved December 16th, 1878," was taken up and agreed to, and the bill was, therefore, lost.
On motion of Mr. Lumpkin, the Senate went into Executive session, and returning to open session, adjourned, on motion, until 9 o'clock, a. m., to-morrow.

SENATE CHAMBER, } Friday, September 26tlz, 1879, 9 o'clock, a. m.

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

Prayer by the Chaplain.

On the C<lll of the roll, the following Senators answered to their names, to-wit:

Boyd, Bower, Bryan,
Cabaniss, Candler, Casey, Clarke, Clements, Clifton, Cumming, Drake, DuBose,
Fain, Folks,

Grantland, Grimes. Hamilton of the 14th,
Hamilton of the 21st, Harrison, Hawkins, Head, Hodges, Holcombe, Hnlton, Howell,
Hud~on,
Lumpkin, 1\'IcDaniel,

McL~od,
Perry, Preston Russell.' f::limmons, Speer, Staten, Stephens,
Tison of the 4th, Tison of the 10th, Troutman, Tnrner, Wellborn, l'tln. PHESIDENT.

The journal was read and approved.

Mr. Cabaniss, chairman of the Finance Committee; Mr.

Hudson, chairman of t.he Committee on Education, and

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

ciary, made reports, from their respective committees, on

certain bills.

Mr. McDaniel, chairman of the Judiciary Committee, to whom the bill of the House, No. 791, was referred, with the request that said committee examine and report to the Sen.
31

JouRNAL OF THE SENATE

ate what proceedings should be had thereon, considering its present status, made the following report, to-wit:

Mr. Presdmt:

In behalf of the Judiciary Committee, I beg leave to re-

po,rt that the bill of the House, No. 79I, was passed by the Senate on the 23d in;,tant, and retur.1ed to this body from the House of Representatives, in compliance with the request of the Senate, on the 25th instant.

More than one day having intervened the passage of

said bill by the Senate and its return hereto, your commit-

,tee have been unable to discover in the rules of this body

any authority for its reconsideration, and therefore recom-

mend that, without further action thereon, the Secretary

,be instructed to return the same to the House of Repre-

sent<ltives.

(Signed)

HENRY D. McDANIEL,

Clzairman Judiciary Committee.

The following mess'age was received from the House of Representatives, thro;.1gh Mr. Goctchius, the Clerk thereof:

Mr. Preszdent :

The House of Representatives has passed the following bills, to-wit:

A bill ''To be entitled an act to repeal an act approved February z6th, rS77, creating a board of county commissioners for the county of Ware."

Also a bill ''To be entitled an act to amend an act incorporating the Louisville Branch Railroad Company, and

for other purposes." Also a bill ''To be entitled an act to amend section 3845
of the revised Code of 1873, in reference to pay of nonresident witnesses for the State, and fer other purposes."
Also a bill ''To be entitled an act granting right of way to the Cincinnati Southern Railway, where its route adjoins that of the \Vestern and Atlantic Hailroad."
Also a bill "To amend an act to prevent the burning of

SEPTEMBER 26, I879-

gin houses in this State, by offering a reward for the ap-

prehension of incendiaries, and for other purposes."

Also a resolution "In reference to the opening of the

Chattahoochee river."

Also a bill "To be entitled an act to amend section 61 I

of the Code of 1873, and for other purposes."

The following message was received from the House of

Representatives, through Mr. Goetchius, the Clerk thereof:

Mr. President:

I am instructed by the House of Representatives to

inform the Senate that the House has adopted a replication
to the answer of John vV. Renfroe, Treasurer of the State

of Georgia, to the articles of impeachment exhibited

againt him, and that the same will be presented to the

Senate by the managers on the part of the House.

Mr. Clifton introduced a bill 'To incorporate the Darien

Bank and Trust Company," which was reacland referred to

the Committee on Corporations.

The Senate took up the speciu.l order of the morning,

to-wit: the report of the Committee of the \Vhole on the bill of the House ''To d~dare and amend the laws of this

State touching the jurisdiction and modes of procedure in

the Superior Courts, in certain cases, so far as relates to

counties having therein a city of ten thousand or more inhabitants."

The same was amended, in accordance with the report of

the Judiciary Committee, by striking out the word "bill,"

and inserting, in lieu thereof, the word ''act," in the 4th section.

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.

Pending the call for the ayes and nays and discussion of

the bill, Mr.

called for the "previous question."

The call was sustained, and the "main question" was put

to-wit : the question, "Shall this bill now pass?"

'

JouRNAL oF THE SENATE

The Secretary was directed to proceed with the call.

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

Cabaniss, Candler,
Casey, Clarke, Cumming,
DuBose,
Fain, Grantland, Hamilton of the 14th,

Hamilton of the 21st, Hawkins,
Hodges, Holcombe, Hnltou,
Howell,
Lumpldn, lllcDauiel,

McLeod Perry, '
Russell, Simmons Speer, '
Staten,
Tison of the 4th Wellborn. '

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

Boyd,
Brvan, Clifton, Drake, Folks,

Grimes,
lhrrism, Head, Hudson, Preston,

Stephens, Tison of the lOth. Troutman, Turner,
MR. PRESIDENT.

Ayes, 25. Nays, 15.

So the biil, as amended, passed by a constitutional

majority.

At the hour of 10 o'clock, a. m., the President an-

nounced: ''The jme for that purpose having arrived, the

Senate will, acco;cling to order, resume its session as a

Court of Impeachment," and yielded the chair.

At the conclusion of the session of the High Court of

Impeachment the President resumed the chair and an-

nounced: ''The Senate is now in session for legislative

purposes.''

The following bills of the House were read the first

time and referred to the Committee on Finance, to-wit:

A bill "To amend an act entitled an act to prevent the

burning of gin houses in this State, by offering a reward

for the apprehension of incendiaries, and for other pur-

poses,'' and A bill 'To amend an act incorporating the Louisville

Branch Railroad Company, and for other purposes."

The following bills of the House were read the first

time and referred to the Committee on the Judiciary, to-

wit: A bill "To amend section 61 1 cf the Code of 1873,

and for other purposes," and

SEPTEMBER 26, 1879
A bill ''To amend section 3845 of the revised Code of 1873, in reference to pay of non resident witnesses for the State, and for other purposes."
The bill of the House 'To repeal an act approved February 26th, 1877, creating a board of county commissioners for the county of Ware," was read the first time and referred tc;> the Committee on Local and Special Bills.
The bill of the House ''Granting right of way to the Cincinnati Southern Railway, where its route adjoins that of the \Vestern and Atlantic Railroad," was read the first time and referred to tbe Committee on Corporations.
The resolution from the House of Representatives ''In reference to the opening of the Chattahoochee River," was read the first time and referred to the Committee on the State of the Republic.
Mr. Russell, chairman on the part of the Senate of the Joint Committee on finaJ adjournment, made the followin report:
To the Smate and House of Representatives : We, the undersigned Joint Committ::e, appointed by
resolution to look into the business now before the General Assembly, and ascertain and report :;omc early day for the final adjournment, report that we have examined the business on the desks of the two Houses, and ~efore the various Committees, as well as such new matter as will necessarily have to be considered, and we see no reason why all necessary business may not be disposed of by the 10th day of October.
We respectfully submit, in this connection, that this report is based on the idea that both Houses will use the \ltmost dispatch in disposing of the business before them,

jOURNAL OF THE SENATE

for without this, much important matter will be undis-

posed of even by the 10th of October.

(Signed)

D. A. RussELL,

T. 'vV. GRIMES,

On tlze part of the Senate.
w. w. PAINE,

IsAAC L. TooLE,
J. }OHN KIMSEY,

On tlze pcirt of tlze House.

The following bills of the House were read the second

time and passed to a third reading, to-wit :

A bill "To exempt the banks chartered under the laws

of this State from the payment of special or specific

taxes on business, and for other purposes."

A bill ''To authorize the Governor to sell and convey

to the city of Atlanta certain property of the State of

Georgia, on Spring street, in said city, and for other

purposes."

A bill ''To repeal an act to reduce the commissions of

the tax collector and tax receiver for collecting the county

tax for the county of Clay; and to repeal an act entitled

an act to reduce the commisions of the county treasurer

for said county, both of which acts were approved Feb-

ruary 28th, 1876."

A bill "To appropriate money to defray the expenses

of a survey of the State line between Georgia and North

Carolina, so far as the same is the line between Rabun

county, in Georgia, and Macon county, in North Carolina."

A bill "To regulate the practil...e in cases of writs enjoin-

ing sherifFs' sales."

A biil 'To prescribe the compensation of the Secretary

of the Senate and Clerk of the House of Representatives

of this State ; to regulate the appointment of their assis-

tants, and to provide for their giving bond, as required by

the Constitution, and for other purposes." A bill "To repeal an act to change and re~ulate

SEPTEMBER 26, I8]g.

the school system in the counties of Ware, Echols, Lowndes, Berrien, Charlton, Dodge and Clinch, in certain particulars, approved February ISth, 1877, so far asapplicable to Dodge county."

A bill "To amend an act to establish a City Court in the city of Atlanta, and more particularly to regulate the payment of the ir.~solvcnt costs heretofore accrued of the several officers of the said City Court, and to authorize and prescribe for the allowance and receipt of the several claims of the said officers on accovnt of insolvent costs, when duly authenticated, as prescribed by law, in pay.ment of taxes, and the claims due th~ State."

A bill "To prohibit judges of the Superior Courts in this State from limiting the length of arguments of counsel or parties in the trial of causes in said C::JUrts," and

A bill "To amend an act to provide for the payment of the fees of the Solicitor-General of the Southern Circuit of this State, in cases of misdemeanor, transferred to the County Courts in said circuit, and for other purposes, so as to provide also for the fees of the clerk of the Superior Court and sheriff of the county of Brooks in said cases."

The bill of the House ''To carry into operation paragraph 4, section I, article I I, of the Constitution of this State," was, on motion, recommitted to the Judiciary Committee.

The Senate took up the adverse report of the Judiciary Committee on the bill of the House "Providing for the transfer of cases of misdemeanors from the Superior to the County Court of Macon county."

Mr. Hudson moved that the Senate disagree to said adverse report, and on this proposition required the ayes and nays to be recorded.

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

Hamilton of the 14th, Huds<.'ll,

Tison of the 10th.

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

JouRNAL OF THE SENATE

Boyd, Bower, Bryan,
Cabaniss, Candler, Casey, Clarke
Cumming, Drake, DuBose, Fain, Folks,

Grantland, Grimes,
Hamilton of the 21st, HarriRon,
Hawkins, Head, Hodges,
Holcombe, Holton. Lumpkin,
l\IcDanieJ, McLeod,

Perry, Preston, Russell, Simm(ns, Speer, Staten, Stephens, Tison of the 4tn, Troutman, Turner.
MR. PRESIDENT.

Ayes, 3 Nays, 35

So the motion to disagree to the report of the committee did not prevail, and the bill was, therefore, lost.

The Senate took up, as the report of the Committee of the Whole, the bill of the House ''To repeal an act approved February 19th, I 876, reducing the corporate limits of the town of Waycross, in Ware county."

[Mr. Folks presented to the Senate satisfactory evidence that legal notice to apply for the passage of this bill had been given.]

The report was agreed to.

The bill was read the third time and passed, by. a constitutional majority, there being ayes, 30 ; nays, o.

The Senate took up, as the report of the Committee of the Whole, the bill of the House ''To prohibit hunting on the lands of another in the counties of Jones, Montgomery and Tatnall, and to prohibit fishing in waters on the lands of another in the county of Tatnall."

[Mr. Clifton submitted to the Senate satisfactory evidences that legal notice of intention to apply for the passage of this bill had been given.]
The report was agreed to. The bill was read the third time and passed, by a constitutional majority, there.being ayes, 23; nays, o.

The Senate took up the report of the Committee of the Whole on the bill of the House "To make it illegal, aftet January I 5th, I 88o, for the judge of any City Court in th~

SEPTEMBER 26, 1879.

State to hold any municipal office or appointment in the

city where such court is held."

The report was agreed to. The bill was read the third time and passed, by a con-

stitutional 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 " To provide for the

election of Judge of the County Court of Putnam county,

by the qualified voters of said county, and for other pur-

poses." [Mr. Preston submitted satisfactory evidence that notice

of intention to apply for the passage of this bill had been

given.]

The report was agreed to.

The bill was read the third time and passed, by a consti-

tutional majority, there bc:ing ayes, 29 ; nays, o. Mr. McDaniel gave notic~ that he should move a recon-

sideration of this bill.

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

the \Vhole, the bill of the House ''To repeal an act to

prescribe the mode of granting license to sell intoxicating

liquors in the county of Mu,;cogee, outside the corporate

limits of the city of Columbus, and within one half mile

of s;::.id city, approved February 23d, 1876."

[Mr. Grimes submitted to the Senate satisfactory evidence

that legal notice to apply for the passage of this bill had

been given.]

The report was agrted to.

The bill was read the third time and passed, by a consti-

tutional r.1ajo!"ity, there being ayes, 23; nays, o.

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

the Whole, the bill of the House ' To encourage the cul-

ture of fish in the natural and artificial ponds on the plan-

tations of David Dickson, of the county of Hancock, lying

in the county of Hancock and in the county of Washing-

~on1 or both, in this State, and for other purposes.''



JouRNAL OF THE SENATE
[Mr. DuBose submitted to the Senate satisfactory:evidence that legal notice of intention to apply for the passage of this bill had been given.]
The report was agreed to. The bill was read the third time and passed, by a constitutional 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 "To amend an act entitled an act to create a board of commissioners of roads and revenue for Crawford county, approved March 2d, 1874-" The report was agreed to. The bill was read the third time and pas.~ed, by a constitutional majority, there being ayes, 30 ; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill of the House ''For the relief of James L. Fleming, to-wit: The withdrawal of his residence and lands from within the corporate limits of the village of Summerville, Richmond county, Georgia." The report was agreed to. The bill was read the third time and passed, by a constitutional majority, there being ayes, 29; nays, C). The Senate took up, as the report of the Committee of the \Vhole, the bill of the House ''To prescribe the fees of the clerk of the Superior Court for all services required of him in the appointment of commercial notaries public, and for other purposes." The report was agreed to. The bill was read the third time and passed, by a constitutional majority, there beinv ayes, 28; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill of the House "To repeal an act requiring jvdgment creditors, in certain cases, to have their judgments recorded in the county of defendant's residence, and, in lieu thereof, to require a proper docketing of the ft. }as. in such cases."
The report was agreed to.

SEPTEMBER 26, 1879
The bill was read the third time and passed, by a 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 ''To amend section 1832 of the Code."
The report was agreed to. The bill was read the third time and passed, by a constitutional majority, there being ayes, 31 ; nays, o. The Senate took up as the report of the Committee of the Whole, the bill of the House 'To alter and amend section 1730 of the revised Code of Georgia, of 1873, by striking therefrom the words 'a special jury selected from the grand jury,' and inserting, in lieu thereof, the words 'a jury as in other common law cases.'" The report was agreed to. The bill was read the third time and passed, by a constitutional majority, there being ayes, 29 ; nays, o. The Senate took up, as the report of the Commiteeofthe Whole, the bill of the House 'To fix the amount oflicense for selling or vending spirituous or intoxicating liquors in the counties of Wayne, Liberty, Coffee and Appling, in this State, and to prescribe a punishment for any violation of this act, and for other purposes." [Satisfactory evidences of legal notice of intention to apply for the passage of this bill, in the several counties to
J be affected thereby, were submitted to the Senate.
On motion of Mr. Holton, the bill and the title thereof were amended by striking out the word "or," occuring between the words ''spirituous" and ''intoxicating," and, also by adding the words ''or malt," after the word ''mtoxicating," so that it will read, ''spirituous, intoxicating or malt liquors."
The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 32; nays, o.
ThY Sen~te took ~~p, as the report of ~he Committe~ of

JouRNAL OF THE SENATE
the Whole, the bill of the House "To amend an act to prohibit the killing of partridges, wild turkey or deer, at certain seasons, in the counties of Lowndes, Thomas and Putnam, in this State, approved February 28th, 1876, so far as the same relates to the county of Thomas, and to prohibit the destruction of the nests of partridges and wild turkeys, and to make the proof of the possession of any of the game protected by said act prima facie evidence of guilt."
[Mr. Hamilton submitted to the Senate satisfactory evidence that legal notice of intention to apply for the passage of this bill had been given.]
The same was amended, in accordance with the report of the Committee on Local and Special Bills, as follows: Add to the end of the second section the following proviso, to-wit: "Provzded, that the provisions of this act shall apply only to the county of Thomas."
The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional 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 "To regulate the practice in the courts of this State, as to requests to charge the jury." The same was amended, in accordance with the report of the Judiciary Committee, by inserting in the 12th line of the first section, after the word "made," the words ''in any case and." The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 29; nays, o. The s~nate took up, as the report of the Committee of the Whole, the bill of the House 'To prescribe the method of granting license to sell spirituous or intoxicating. liquors in the town of Eastman, and in the county of Dodge, in this State, and to fix the license therefor, and to

493
prescribe a penalty for a violation of this act, and for other puposes."
[Mr. Hamilton of the qth submitted to the Senate satisfactory evidence that legal notice of intention to apply for the passage of this bill had been given.]
The same was amended, in accordance with the report of the Committee on Local and Special Bills, by inserting ''fifteen hundred," in lieu of ''one thousand," in the third section.
The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 30; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill of the House "To define who are agents of insurance companies not incorporated by or under the laws of this State, and to fix their liability when acting without authority of law." The same was amended, in accordance with the report of the Judiciary Committee, by striKing out from the 2d section all that portion beginning with ''and when any insurance company ceases," to the end of the section. The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority,' there being ayes, 28 ; nays, o. The ~enate adjourned, on motion, until 9 o'clock, a. m., to-morrow.
SENATE CHAMBER, } Saturday, September 27tlt, 1879, 9 o'clock, a. m. The Senate met pursuant to adjournment, the President in the chair. Prayer by the Chaplain. On the call of the roll, the following Senators answered to their names, to-wit:

494

JouRNAL OF THE SENATE

Boyd, Bower, Bryan, Cabaniss, Candler, Casey, Clarke, Clements,
Clifton, Cumming, Drake, DuBose, Fain,
Foiks,

Grantland,

McLeod,

Grimes,

Perry,

Hamilton of the 14th, Preston,

Hamilton of the 21st, Russell,

Harrison,

Simmotts,

Hawkins,

Speer,

Head,

Staten,

HoLlges,

Stephens,

H lcombe,

Tison of the 4th,

Holton,

Tison of the lOth,

Howell,

Troutman,

Hudson, Lumpkin,

TWeulrlnbe~rrn,

1\IcDaniel,

MR. PRESIDENT.

The journal was read and approved.

Mr. McDaniel, chairman of the Judiciary Committee, made a report on certian bills, which was read.

Mr. Clements, chairman of the Committee on Local and Special Bills, reported on certain bills of the House.

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

Mr. Presz"dmt:

His Excellency, the Governor, has approved and signed the following act, to-wit :

An act ''To reduce and regulate the fees of tax receivers and collectors in all the counties of the State ; to repeal all laws relating thereto, and for other purposes."

The following message was received frofl1 the House of Representatives, through Mr. Goetchius, the Clerk thereof: Mr. Presz"dmt:
The House of Representatives has passed the following bills, to wit :
A bill "To be entitled ar. act to amend section 279 of the Code of Georgia, in relation to the appointment of

county judges." Also a bill "To be entitled an act to prohibit the making

or selling of any spirituous liquors within two miles of any church or place of worship in Sheffield district, in Rock-

dale county, in this State.

495
Also a bill "To be entitled an act to regulate the practice in the Supreme Court of this State."
Also a bill 'To authorize the ordinary of Milton county to borrow money to build a court house."
Also a bill ''To be entitled an act to incorporate the Carnesville Railroad Company, and for other purposes."
Also a bill ''To be entitled an act making appropriations for the payment of the expenses of the special committee on the investigation of the office of the Principal Keeper of the Penitentiary."
Also a bill "To amend an act entitled an act to incorporate the town of Marietta, in the county of Cobb, and for other purposes."
Also a bill 'To be entitled an act to authorize and require the Governor to furnish to counties whose court houses have been burned certain copies of the Supreme Court reports of this State, Code of Georgia, and standard weights and measures, where the same has been destroyed."
Also a bill ''To amend an act to prevent monopolies in the transportation of freights, and to secure free competition in the same, and for other purposes, approved February 24th, 1874, and to add an additional section to the same, and for other purposes."
Also a bill "To provide for the compensation of the ordinary of \Vashington county, and for other purposes."
Also a bill ''To provide for the sale of property of a perishable nature, or that is liable to deteriorate in value from keeping, or that is attended with expense in keeping the same, when levied on by tax ji. fas., or ji. fas. from county courts."
Also a bill "To repeal an act entitled ~n ~ct to better prevent the sale of intoxicating liquors within the corporate limits of the town Whitesburg, and for other purposes."
The following message was received from the House of. Representatives, through Mr. Goetchius, the Clerk thereof:

JouRNAL oF THE SENATE

Mr. Preszdent :

The House of Representatives has concurred in the

amendments of the Senate to the following bills of the

House, to-wit:

A bill ''To be entitled an act to amend the charter of

the town of Maysville, in the countieb of Jackson and

Banks, so as to grant election powers and privileges."

Also a bill "To alter and amend section 4141 of the

revised Code of Georgia, which provides for the and serving of summonses in the Justices' Courts

odfattihnigs

State."

The House of Representative~ has refused to concur in

the Senate amendments to the following bills of the House,

to-wit :

A bill "To repeal an act to make minors parties to pro-

ceedings in the courts of this State, approved 25th Feb-

ruary. 1876."

Also a bill "To amend section 655 of the Code of 1873,

by adding a proviso allowing commissioners of public

roads to resign after they have ~erved two years consecu

tively."

The Senate took up the adverse reports of committees

on the following bills of the House, and having agreed to

the same, the bills were, therefore, severally lost, to-wit:

A bill "To make it penal for any officer or official ofthe

State of Georgia to make any contract, except the con-

tract by which he holds his of-fice, with the Governor of

said State, or with any other official of the State, in and

about the State's bu ;iness, and to receive any pay or per-

quisites for the same, and to provide punishment therefor,

and declare such contract void."

A bill "To authorize the boards of county commission-

ers in the several cou:1ties in this State to appoint their

own clerks,'' and

A bill ''To repeal an act for the relief of Elizabeth Tur-

ner, assented to February 28th, r8;6."

SEPTEMBER 2;, IB79

497

Mr. Clements offered the following resolution, which was taken up, read and unanimously adopted, to wit :
"Resolved, That the thanks of the Senate are tendered to Captain John F. R. Tatnall for copies of the biography of Commodore Josiah Tatnall, whose life and services so signally illustrated Georgia, his native State, and whose memory is a valued inheritance of -;very Georgian."
The following bills of the House were read the first time, and referred to the Committee on Corporations, towit:
A bill "To amend an act to incorporate the town of Marietta, in the county of Cobb, and for other purposes," and
A bill "To incorporate the Carnesville Railroad, and for other purposes."
The following- bills of the House were read the first time and referred to the Committee on the Judiciary, to-wit:
A bill ''To authorize and require the Governor to furnish to counties, whose court houses have been burned, certain copies of the Supreme Court reports of this State, Code of GeorgiJ., and standard weights and measures where the same have been destroyed," and
A bill "To amend an act to prevent monopolies: in t!le transportation of freights, and to secure free competition in the same, and for other purposes, approved February z8th, 1874, and to add an additional section to the same, and for other purposes."
The bill of the House "To repeal an act to better prevent the sale ot intoxicating liquors within the corporate limits of the town of Whitesburg, and for .other purposes," was read the first time and referred to the Committee on Local and Special Bills.
The following bills of the House were read the second time and passed to a third reading to-wit:
A bill "To establish the Middle Georgia Military and Agricultural College."
32

JouRNAL OF THE SENATE
A bill ''To amend section 3845 of the revised Code of I873, in reference to pay of non-resident witnesses for the State, and for other purposes."
A bill ''To carry into effect paragraph 4, section I, articlcle I I, of the Constitution of this State."
A bill ''To repeal an act to consolidate the offices of sheriff and tax collector, clerk of the Superior Court and tax receiver, ordinary and treasurer, in the county of Calhoun, approved February 25th, 1875, and for other purposes," and
A bill 'To prescribe a prohibition and define a penalty for receivin5, and for the failure of insolvent banks or other corporations, or individuals, to pay over funds deposited with them."
The Ho:.1se joint resolution "To allow Peterson Thweatt to sue the State" was read the second time and passed to a third reading.
At the hour of 10 o'clock, a. m., the President announced: "The time for that purpose having arrived, the Senate will now, according to order, resume its session as a Court of Impeachment," and yielded the chair.
At the conclusion of the session of the High Court of Impeachment, the President resumed the chair and announced: 'The Senate is now in session for legislative purposes."
Mr. Clarke offered the following resolution, which was read and agreed to, to-wit :
"Resolved, That, excepting the evidence taken before the Special Committee on the State Treasury, by authority of the House of Representatives (which is already printed), the reported proceedings of the Senate on the
impeachment of John vV. Renfroe, State Treasurer, on
each day, shall be printed and laid on the desks of Senators by the following morning at 10 o'clock."
Mr. Cumming, chairman of the Committee on the State of the Republic, made a report on certain resolutions on

SEPTEMBER 29, 1879

499

the subject of improving the navigation of the rivers Savannah and Chattahoochee.
Mr. Lester introduced a bill, which was read the first time, ''To provide for the improvement of the Savannah river." This bill was referred to the Committee on the Judiciary.
The Senate, on motion, adjourned until 9 o'clock, a. m., Monday.

SENATE CHAMBER, } Monday, September 29, 1879, 9 o'clock, a. m.

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

Prayer by the Chaplain. On the call of the roll, the following Senators answered to their names, to-wit:

Bower, Bryan, Cabnniss, Candler,
Casey, Clarke, Clements, Clifton, Cumming, Druke,
DuBo~e,
Duncan,
Fain, Folks,

Grantland, Grimes, Hamilton of the 14th, Hamilton of the 21st,
Harrison, Hawkins, Head, Hodges, Holcombe, holton, Howell, Hudson,
Lumpkin, 1\IcDaniel,

l\IcLeod, Perry, Preston, Russell. Simmons, Speer, Staten, Tison of the 4th, Tison of the lOth, Troutman, WTeulrlnbeor~n,
MR. PRESIDENT.

Mr. McDaniel, chairman of the Judiciary Committee, made a report on certain bills of the House.

Mr. Russell, chairman of the Committee on Enrollment, submitted the following report : Mr. President:

The Committee on Enrollment report as duly enrolled,

signed by the Speaker of the House of Representatives,

and ready for the signature of the President of the Senate

the following acts, to-wit :

'

An act ''To incorporate the town of Belton, in the counties of Hall and Banks, and for other purposes."

soo

jOURNAL OF THE SENATI

Also an act "To establish a system of public schools for the city of Cartersville, and for other purposes."
Also an act ''To repeal the several acts creating, organizing and establishing County Courts for the counties of Dooly, Campbell, Floyd, Rockdale and Clarke, and for the proper disposition of business in said courts, and for other purposes."
Also an act " To incorporate the Dahlonega Air Line Railroad Company, and for other purpses."
Also an act "To authorize the county commissioners of Bibb county to purchase property put up for sale for State and county taxes, and for other pu -;>oses."
Also an act "To repeal an act approved February 26th, 1877, authorizing and requiring the county commissioners of Bibb county to pay all necessary and proper expenses incurred in said county in conducting elections."
Also an act ''To incorporate the Athens Transfer Rail' road Company."
Also an act "To amend section 28 r of the Code of Georgia."
Also an act ''To amend an act approved February 24th, 187-i, entitled an act to amend section 4441 of the Code of Georgia, in reference to illegal hunting with dogs, firearms, or otherwise, through enclosed lands."
Also an act ''To amend an act to create a board of commissioners of roads and revenues in the counties of Floyd, Effingham, Schley, Sumter and Greene, so far as relates to the county of Sumter."
Also an act ''To amend section 3408 of the Code of Georgia, with reference to the venue of suits against insurance companies having more than one place of business in this State, and for other purposes."
Also an act ''To incorporate the town of Maysville, in the counties of Jackson and Ranks, and to grant election powers and privileges to the same, and for other purposes."

SEPTEMBER 29, 1879.

SOI

Also a resolution "In relation to the collection of the

special liquor tax in this State." Also an act "To amend section 4141 of the Code of

1873."

D. A. RussELL, Clzaz"tman.

Mr. Russell, chairman of the Committee on Enrollment,

submitted the following report:

Mr. President :

The Committee on Enrollment report as duly enrolled,

signed by the Speaker of the House of Representatives,

and ready for the signature of the President of the Senate,

the following acts, to-wit :

An act "To provide for the arpointrnent of a county so-

licitor for the county of Pulaski."

Also an act "To repeal section I of aP act entitled an

act to amend the charter of the city of Milledgeville, ap

proved February 16th, I 876; to confer additional power on

the mayor and council of said city, and to change the time

of holding elections for the mayor, alciermcn and clerk

of the same."

Also an act "To entirely prohibit the sale of spirituous

or intoxicating liquors within the limits of Irwin county."

Also an act 'To repeal an act creating a board of county

commissioners of roads and revenues for the county of

Paulding, approved December 13, I 87 I."

Also an act "To incorporate into the corporate limits of

the city of Albany, Georgia, the grounds and premises of

the Southwest Georgia Industrial Association, for park and

police purposes, and to authorize said city to keep said grounds in repair."

Also an act "To carry into eff~ct paragraph 18, section

I, article 5 of ti1e Constitution of 1877, to provide for the

suspension of the Treasurer or Comptroller-General of the

State from the discharge of the duties of their c,ffices, in

certain cases; also for the appointment of suitable persons

lo discharge the duties of the same.

soz

}OURNAL OF THE SENATE

Also an act ''To establish the original rates of toll for crossing the bridge across the Chattahoochie river, at the town of Fort Gaines."
Also an act "To repeal an act entitled an act to regulate the compensation of tax collector and tax receiver for collecting and assessing the State and county tax for the county of Calhoun, and to fix the salary of the county treasurer of said county, approved February 27th, 1877, and for other purposes."
Also an act "To prevent the giving, or promising to give, by any person, for himself or for another, or for any bank or corporation, any fee, interest or reward to the State Treasurer, or any other officer of the State, or to any other person whatever, for the deposit or use of money of the State, and to prescribe a ;-enalty therefor."
Also an act ''To regulate the manner of letting out contracts to build or t'epair public buildings, bridges, causeways, or other public works in this State, and for other purposes."
Als~ an act ''To incorporate the Savannah Trust and Safe Deposit Company."
Also an act "To incorporate the Gate City Street Railroad Company, and for other purposes."
Also an act ''To appropriate a sufficient amount ofmoney to pay the expenses incurred by the Special Joint Wild Land Committee, appointed at the present session."
Also an act "To incorporate the Hutchinson Island
Canal Company, of Chatham county." Also an act ''To incorporate the Dublin Telegraph
Company." Also an act ''To authorize a reduction of the capital
stock of the Bank of Augusta, and to more clearly define and specify the power and a~thority of said bal)k."
Also an act "To repeal so much of an act as relates to the county of Lowndes, entitled an act to change and regulate the school system in the counties of Ware, Echols,

SEPTEMBER 29, 1879

503

Lowndes, Berrien, Charlton, Dodge and Clinch, in certain particulars."
Also an act ''To empower the county commissioner of of Coweta county to purchase the bridge at Moore's Ferry, on the Chattahoochee river."
Also an act "To carry out the true intent and meaning of the 3d section of an act approved December 22d, 1857, entitled an act to lay out and organize the county of Wilcox, and to declare the duties of the county authorities and citizens relative to locating the county site."
Also an act "To repeal the several acts establishing commissioners of roads and revenues in the counties of Jones, Chattahoochee, Douglass, Bulloch, Heard and Lumpkin, respectively."
Also an act "To amend section 4637 of the Code of Georgia, in reference to the statements of prisoners in cases
of felony, and the acts of I 874 amendatory thereof, entitled
an act to amend section 4637 of the Code of Georgia, by striking out the words 'for a felony,' in the second line of said section of said last mentioned act, approved 28th February, 1874."
Also an act 'To incorporate the Thomasville Railroad Company, and to grant certain privileges to the same."
Also an act ''To change the times of holding the Superior Courts of Fayette county."
Also an act To amend an act entitled an act to incorporate the town of Social Circle, in the county of Waltor., and to appoint commissioners for the same, and to point out the mode of electing commissioners, etc., and for other purposes, approved March I 8th, I 869, wherein the taxing power~conferred by said act incorporating said town shall be enlarged, and further corporate powe;s and privileges herein named may be exercised by said town."
Also an act 'To provide for the creation of boards of commissioners of roads and revenues in the counties of

JOURNAL OF THE SENATE

Cobb, Dooly, Henry and Telfair, in this State, and for

other purposes." On motion of Mr. McDaniel, the ~enate adhered to its

amendments to the bill of the House 'To repeal an act to

make minors parties to proceedings in the courts of this

State, approved 24th February, 1876," in which amend-

ments the House had refused to concur.

The Senate took up a joint resolution of the Senate ''To

men.orialize Congress to clean out the Savannah river, so

as to make it navigable for steamboats," the report of the

Committee on the State of the Republic being favorable

to the adoption of the same.

On motion of Mr. Hussell, the following additional para-

graph was agreed to as an amendment, to-wit :

"Resolved,furtlzcr, That we respectfully ask of Congress

a suitable appropriation for carrying out the recommenda-

tions of the survey, or as to the opening of the Flint river,

above Bainbridge."

The report, as amended, was agreed to.

The resolution was read and adopted, as amended.

The Senate took up, as the report of the Judiciary Com-

mittee, a joint resolution of the House 'To allow

Peterson Thweatt to sue the State," which report was

favorable to the passage of said resolution.

Mr. Harrison moved to lay the resolution on the table,

and on this motion required the ayes and nays to be

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

Clements,

Harrison,

Dnncan,

H~ad,

Hamilton of the 14th, Holcombe,

Hamilton of the 21st, Holton,

Simmons, Speer, Staten.

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

Boyd, Bower, Bryan, Cabaniss, Candler,
Casey,

DuBose, Fain, Folks, Grantland, Grimes,
Hawkins,

McLeod, Perry,
Preston, Russell, Stephens, Tison of t4e~t~

SEPTEMBER 29, 18]9

sos

Clarke, Clifton, Cumming,
Drak~,
Ayes, I I.

Hodges, Hndson, Lumpkin, McDaniel,
Nays, 30.

Tison of the lOth, Trou1man, Turner, Wellborn.

So the motion to lay on the table did not prevail.

Pending further action on said resolution, the hour of ro

o'clock, a. m,, arrived, and the President announced:

" The time for that purpose having arrived, the Senate

will, according to order, resume its session as a Court of

Impeachment," and retired from the chair.

The President, at the close of the session of the High

Court of Impeachment, resumed the chair, and announced :

"The Senate is now in session for legislative purppscs."

The joint resolution of the House, "To allow Peterson

Thweatt to sue the State," which was the unfinished busi-

ness of the morning, was resumed.

Mr. Holton moved that the question be submitted to the

Senate whether the resolution could be considered, alleging

that it was in the nature of a bill to appropriate money,

and, also, to set aside the statute of limitations in a par-

ticular case, and that it had not passed the House, as re-

quired by the Constitution.

The President submitted it to a vote of the Senate, and

it resulted in overruling the objections of Mr. Holton.

The pre,;iou<; question was dem:1nded and sustained on

the question of agreeing to the resolution.

The ''main question" was put, and the ayes and nays re-

corded thereon.

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

Boyd, Bl'yan, Cabaniss,
Candler, Casey, Clarke, Clifton,
Cumming, Drake, DuBose,

Fain, Folks,
Grimes,
Hamilton of the ?1st, Hawkins, Hodges, Howell,
Hucls"n, Lumpkin, llcDaniel,

McLeod,
Perry, Preston, Russell, 1:'\tephens, Tison of the 4th. Tison of the lOth, Troutman,
Wellborn.

TP,Q~(;! who voted in the negative are, to-wit-Messrs,

so6

JouRNAL OF THE SENATE

Bower, Clements, Duncan, Grantland, Hamilton of the 14th,

Harrison, Head, Holcombe, Holton,

Simmons, Speer, Staten, Turner.

Ayes, 29. Nays, 13.

So the resolution was agreed to by a COJ?stitutional majority.

The bill of the House "Amendatory of the acts creating a City Court for the city of Atlanta, in reference to the payment of insolvent costs accrued to the officers of said court," was taken up, and, after discussion thereon, made the special order for to-morrow morning, after the reading of the journal.

Mr. Holcombe gave notice that he would move a reconsideration of the resolution "Authorizing Peterson Thweatt to sue the State."
The Senate took up and concurred in the joint resolution
from the House "In reference to the opening of the Chattahoochee river;"
Mr. Clarke offered the following privileged resolution, which was read and agreed to, to wit:
"Resolved, That the Committee on Rules of Procedure in the pending impeachment trial be authorized to fix the compensation of the stenographers for reporting the pro-
ceedings on the trial of John vV. Renfroe, not to exceed
20 cents per one hundred words." The following message was received from the House
of Representatives, through Mr. Geotchius, the Clerk thereof: Mr. Presidmt:
The House of Representatives has passed the following bills, to-wit:
A bill ''To be entitled an act to appropriate money to defray the contingent expenses of the House and Senate for the present adjourned session."
Abo a bill '' To be entitled an act to change and fix

507
the time of holding the spring term of the Superior Court in the county of Milton, and for other purposes."
Also a bill "To be entitled an act to create a board of commissioners of turnpike roads in this State, and for other purposes.''
Also a bill ''To be entitled an act appropriating money to defray the expenses of the special committee on the investigation of the State Treasury "
Also the following resolution, to wit: "A resolution
making appropriation to pay H. J. G. Williams for making
transcripts of certain numerical land books." The following message was received from the House
of Representatives, through Mr. Goetchius, the Clerk thereof: Mr. President :
The House of Representatives has concurred in the Senate amendments to the following bills of the House, to-wit:
A bill "To be entitled an act to fix the amount of license for selling or vending spirituous or intoxicating liquors in the counties ofvVayne, Liberty, Coffee and Ap piing, in this State, and prescribe a punishment for any violation of the provisions of this act, and for other purposes."
Also a bill "To be entitled an act to prescribe the method of grar;ting license to sell spirituous or intoxicat ing liquors, in the town of Eastman, and in the county of Dodge, in this State, and to fix the license therefor, and to prescribe a penalty for a violation of the requirements of this act, and for other purposes."
Also a bill "To be entitled an act to regulate the practice in the courts of this State, as to requests to charge the jury."
Also a bill "To declare and amend the laws of this State touching the jurisdiction and modes of procedure in the Superior Courts, in certain cases, so far as relates to

sos

JouRNAL OF THE SENATE

counties having therein a city of ten thousand or more mhabitants."
Also a bill "To define who are agents of insurance companies, not incorporated by or under the laws of this State, and to fix their liability when acting without authority of law."
Also a bill " To amend an act to prohibit the killing of partridges, wild turkey or deer, at certain seasons, in the counties ot Lowndes, Thomas and J:_>utnam, in this State, approved February 28th, 1876, so far as the same relates to the county of Thomas, and to prohibit the destruction of the nests of partridges and wild turkeys, and to make the proof of the possession ofany of the game protected by said act pnina facie evidence of guilt."
The Senate, on motion, adjourned until 3 o'clock and 25 minutes, p. m.
3:25 O'CLOCK, P. M.
The Senate met pursuant to adjournment, the President in the chair.
At 3 Yz o'clock, p. m., the President announced: "The
time for that purpose having arrived, the Senate will, according to order, resume its sessron as a High Court of I mpeachu1ent," and yielded the chair.
At the close of the session of the High Court of Impeachment, the President resumed the chair and announced: ''The Senate is now in session for legislative purposes.
The followin~ bills of the House were read the first time and referred to the Finance Committee, to-wit :
A bill "Making appropriations for the payment ofthe expenses of the special committee on the investigation of the office of the Principal Keeper of the Penitentiary."
A bill "Appropriating money to defray the expenses ofthe special committee on the investigation of the State Treas-
l.lry."

509
A bill "To authorize the ordinary of Milton county to borrow money to build a court house."
A bill "To appropriate money to defray the contingent expenses of the House and Senate for the present adjourned session," and
Aresolution ":\faking appropriation to pay H. J. G. Williams for making transcript of certain numerical land books."
The bill of the House ''To create a l;lOard of commissioners of turnpike roads in this State, and for other purposes," was read the first time and referred to the Committee on Corporations.
The bill of the House ''To prohibit the making or sell ing of any spirituous liquors within two miles of any church or place of worship, in Sheffield district, in Rockdale county, of this State," was read the first time and referred to the Committee on Local and Special Bills."
The adverse report of the Committee on Education on the bill of the House "To amend an act requiring the county school commissioners to make annual reports of school operations, and submit their books for examination to the grand juries of their respective counties, approved February 21st, 1877," was agreed to, and the bill, therefore, lost.
The following bills of the House were read the first time and referred to the Judiciary Committee, to-wit:
A bill ''For compensation of the ordinary of Washington county, and for other purposes,"
A bill "To provide for the sale of property of a perishable nature, which is liable to deteriorate in value, or that is attended with expense in keeping the same, when levied
on under tax fl. fas., or fl. fas. from County Courts."
A bill "To amend section 279 of the Code of Georgia, in relation to the appointment of county judges."
A bill "To regulate the practice in the Supreme Court of this State,"

5 IO

JouRNAL oF THE SENATE

A bill "To change and fix the spring term of the Superior Court for the county of Milton," and
A bill ''To amend section 655 of the Code of 1873, by adding a provision allowing commissioners of public roads to resign after two years' service, consecutively."
The Senate, on motion, adjourned until 9 o'clock, a. m., to-morrow.

SENATE CHAMBER, } Tuesday, September 30th, 1879, 9 o'clock, a. m,

The Senate met pursuant to adjournment, the President

in the chair.

Prayer by the Chaplain.

On the call of the roll, the following Senators answered

to their names, to-wit:

Boyd, Bower, Bryan, Cabaniss, Candler, Casey, Clarke, Clements,
Clifton, Cumming,
Drake, DuBose, Dnncan, Fain, Folks,

Urantland1

McLeod,

UHraimnwi'l-t~~n of the 14th,

Perry, Preston,

Hamilton of the 21st, Rus~ell,

Harrison,

Simmons,

Hawkins

Speer,

Head, '

Stat"n,

Hodges,

Stephens,

l loleombe,

Tison of the 4th,

Holton,

Tison of the lOth,

Howell,

Troutman,

Hudson,

Turner,

Lumpkin,

Wellborn,

McDaniel,

MR. PRESIDENT.

The journal was read and approved.

Mr. Holcombe moved a reconsideration of so much of

the journal of yesterJay as relates to the passage of a reso-

lution "To authorize Peterson Thweatt to sue the State."

Mr. Grimes moved to lay the motion to reconsider on

the table.

On this motion, Mr. Harrison required the ayes and

nays to be recorded.

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

SEPTEMBER 30, 1879.

Boyd,

Fain,

McDaniel,

Bower,
Bryan, Cabaniss,

Folks,

McLeod,

Grimes.

Perry,

Hamilton of the 21st, Preston,

Casey,
Clarke, Clifton,

Hodges,
Holton, Howell,

Russell,
Stepllens, Tison of the 10th,

Cumming,

Hudson,

Trontman,

DuBose,

Lumpkin,

'VE'llhorn.

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

Clements,

Harrison,

Drake,

Head,

Duncan,

HolcombP,

Grantland,

Simmons,

Hamilton of the 14th,

Ayes, 27. Nays, 13.

Speer, Staten, Tison of the 4th,
Turner.

So the motion to lay the motion to re-:onsider on the

table prevailed.

Mr. Cabaniss offered the following privileged resolution,

which was read and agreed to, to-wit:

"Resolved, That Hon. Chas. S. DuBose, ex-Senator of

the 19th, be invited to a seat on the floor of the Senate

during his stay in the city."

The following message was received from the House of

Represe11tatives, throuRh Mr. Goetchius, the Clerk

thereof:

Mr. President:

The House of Representatives has passed the following

bills, to-wit:

A bill ''To be entitled an act to appropriate a sufficient

amount of money to pay the expenses incurred by the

special committee of the House, appointed at the present

session of the General Assembly, to investigate the con-

duct of the office of Comptroller-General, and for other

purposes."

Also a bill "To be entitled an act to amend an act enti-

tled an act toincorporate the town of Thomasville, in this

State, to grant certain privileges to the same, and to define

its limits, approved March 3d, I 874."

Also a bill "To be entitled an act to prohibit the charg-

ing, demanding or receiving any fee, perquisite or com-

JouRNAL OF THE SENATE
pensation, other than his salary, by the Attorney-Generai of this State, and to prescribe a punishment therefor, carrying out paragraph 1, section 13, article 6 of the Constitution of this State, adopted December 5th, 1877, and for other purposes."
The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof: Mr. Presz"dent:
The House of Representatives has concurred in the amendments of the Senate to the followmg bills of the House, to-wit:
A bill "To be entitled an act to prohibit the retail of spirituous liquors, except for medical or mechanical pur poses, in the county of Morgan."
Also a bill "To be entitled an act to carry into effect
paragraph 5, section 12, of article 3, of the Constitution ot
Georgia." The Senate took up t~e special order of the morning, to-
wit : the report of the Committee of th~ Whole on the bill of the House "To amend an act entitled an act to establish a City Court in the city of Atlanta, and more particularly to regulate the payment of the insolvent costs heretofore accrued of the several officers of the said City Court, and to authorize and prescribe for the allowance and receipt of the several claims of the said officers on account of insolvent costs, when duly authenticated, as prescribed by law, in payment of taxes, and the claims due to the State."
Mr. Russell called for the "previous question." The call was sustained. The "main question" was put, to-wit: First, the question of agreeing to the report of the committee. The report was agreed to. The question recurred on the passage of the bill, and on this question Mr. Hulton required the ayes and nays to be recorded.

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

Bryan, Cabaniss, Clarke, Clements, DuBose,
Duncan, Fain, Folks,

Grimes,

Preston,

Hamilton of the 14th, Russell,

Hamilton of the 21st, Speer,

Hawkins,

'l'ieon of the 4th,

Howell,

TiPon of the lOth,

Hudson,

Troutman,

McDaniel,

Turner,

Peny,

Wellborn.

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

Boyd, Bower, Candler, Casey, Cumming, Drake,
Ayes, 24.

Grantland, Harlison, Head, Hodges, Holcombe, Holton,
Nays, 17.

Lumpkin, McLeod, Simmons, Staten,
Stephens.

So the bill was passed by a constitutional majority.

Mr. Clements, chairman of the Committee on Local

and Special Bills ; Mr. Clarke, chairman of the Committee on Corporations, and Mr. McDaniel, chairman of the

Judiciary Committee, made reports on several bills of the

House. Mr. Preston offered the following resolution, which was

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

"Whereas, The citizens of Savannah propose to celebrate, with civil and military honors, the centennial of the

heroic death of Sargeant Jasper, at the seige of Savannah,

October 9th, I 779, and "Whereas, The whole people of Georgia are intereste

in paying honor to this noble patriot and gallant soldier of the revolutionary period of our country; therefore be it

"Resolved, That the Senate of Georgia does hereby

express its full sympathy with, and hearty approval of, this proposed centennial celebration and the project then

to be inaugurated of erecting a suitable monument to the memory of one whose deeds of daring form a bright page in the early history of our State."

At the hour of 10 o'clock, a. m., the President announced : ''The time for that purpose having arrived, the

33

514

jOURNAL OF THE SENATE

Senate will now, according to order, resume its session as a Court of Impeachment," and retired from the chair.
At the conclusion of the session of the High Court of Impeachment, the President resumed the chair and announced: "The Senate is now in session for legislative
purposes."~
The bill of the Senate "To provide for the improvement of the Savannah river," was read the second time and passed to a third reading.
The following bills of the House we1e read the second time and passed to a third reading, to-wit:
A bill "To repeal an act approved February 26th, 1877, creating a board of county commissioners for the county of Ware."
A bill "Granting right of way to the Cincinnati Southern Railway, where its route adjoins that of the Western and Atlant1c Railroad."
A bill "To provide for the incorporation of colleges, libraries, and other literary, charitable or social organizations which have no capital stock, and which are not organized for individual pecuniary gain."
A bill "To repeal an act entitled an act to prevent the sale of intoxicating liquors within the corporate limits of the town of Whitesburg, and for other purposes."
A bill ''For the protection of game and birds in the county of Bibb ; to prohibit the killing, trapping or netting the same, or buying, selling, or offering for sale the same, during certain months, in said county," etc.
A bill "To amend an act entitled an act to establish a City Court in the city of Atlanta, approved December 15th, 1871, approved February 25th, 1874, so as to provide that the judge of said court shall receive a salary of two thousand dollars per annum;" and
A bill ''To make the liquor license in Tatnall county, for all dealers, $2,500 per annum, and for other purposes."

The bill of the House ''To prohibit the charging, demanding or receiving any fee, perquisite or compensation, other than his salary, by the Attorney-General of this State, and to prescribe a punishment therefor, carrying out paragraph I, section 13, article 6 of the Constitution of this State, adopted December 5th, 1877, and for other purposes," was read the first time and referred to the Judiciary Committee.
The bill cf the House "To amend an act entitled an act to incorporate the town of Thomasville, in this State ; to grant certain privileges to the same, and to define its limits, approved March 3d, 1874," was read the first time and referred to the Committee on Local and Special Bills.
The bill of the House "To appropriJ.te a sufficient amount of money to pay the exper.ses incurred by the special ommittee of the House, appointed at the present session of the General Assembly, to investigate the conduct of the office ~of Comptroller-GenerJ.l, and for other purposes," was read the first time and referred to the Committee on Finance.
The Senate, on motion, adjourned until 3:25 o'clock, p. m., this day.
3:25 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 ''To regulate the practice in cases of writs enjoining sheriffs' sales." The report was agreed to. The bill was read the third time and passed, by a con-
stitutional majority, there being ayes, 24; nays, o.
The bill of the House "To prohibit judges of the Superior Courts in this State from limiting the length of arguments of counsel or parties in the trial of causes in said courts," was taken up, and on motion, laid upon the table.

516

JouRNAL OF THE SENATE

The hour of 3:30, p. m., having arrived, the President announced : "The hour for that purpose having arrived, the Senate will, according to order, resume its session as a Cout of Impeachment," and retired from the chair.
At the close of the session of the High Court of Impeachment, the President resumed the chair, and announced: ''The Senate is now in session for legislative purpose."
The Senate on motion, adjourned, until 9 o'clock, a. m., to-morrow.

SENATE CHAMBER,

}

Wednesday, October 1st, 1879, 9 o'clock, a. m.

The Senate met pursuant to adjournment, the President

in the chair.

Prayer by the Chplain.

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

Boyd, Bower,
Bryan, Cabaniss, Candler,
C>tsey, Clarke, Clements, Clifton, Cumming, Drake, DuBose, Duncan,
Fain, Folks,

Grantland,

McLeod,

Grimes,

Perry,

Hamilton of the 14th, Prcgton,

Hamilton of the 14th, Russell,

Harrison,

Simmons,

Hawkins,

Speer.

Head,

Staten,

Hod ~res,
Holc~ombe,

Stephens, Tison of the 4th,

Holton,

Tison of the lOth,

Howell,

Troutman,

Hudson,

Turner.

Lumpkin,

Wellborn,

McDaniel,

!HR. PRESIDENT.

The journal was read and approved.

Mr. Holton moved a reconsideration ofso much ofthe jour-

nal of yesterday as relates to the passage of the bill of the

House, providing for the payment, under certian regula-

lations and restrictions, of the insolvent costs accrued to

the officers of the City l.ourt of Atlanta. Mr. Cabaniss moved to lay the motion to reconsider on

the table.

OCTOBER I, 1879

On this, the ayes and nays were required to be recorded.

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

Cahaniss,

Hamllton of the 21st, Tison of the 4th,

Cumming,

Howell,

Tison of the lOth,

DuBose,

Preston,

Troutman,

Duncan,

Russell,

Turner,

Fain,

Speer,

Well born.

Grimes,

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

Boyd, Bower, Bryan,
Candler,. Casey,
Clements, Clifton, Drake,

Folks, Grantland, Hamilton of the 14th,
Harrison, Hawkins,
Head, Hodges, Holcombe,

Holton, Lumpkin, McDaniel,
McLeod, Perry,
Simmous, Staten, Stephens.

Ayes, I6. Nays, 24.

So the motion to lay the motion to reconsider on the

table did not prevail.

Mr. Lumpkin called for the ''previous question."

The call was sustained. The ''main question" was put,

to-wit : "Shall the bill be reconsidered ?"

The motion to reconsider prevailed, and the bill was

taken up and recommitted to the Judiciary Committee, on

the motion of Mr. Holton.

The following message was received from the House of

Representatives, through Mr. Goetchius, the Clerk thereof:

Mr. President:

The House of Representatives refuses to concur with the

Senate in the passage of the following bills, and returns

the same to the Senate, to-wit :

A bill "To be entitled an act to alter and amend the

garnishment laws of this State."

Also a bill "To be entitled an act to exempt from taxa-

tion such property and persons as paragraph I I, of section

II, of article 7 of the Constitution, authorizes to be so ex-

empted."

Also a bill "To be entitled an act to amend section 3854

of the Code, concerning witnesses."

Also a bill "To be entitled an act to throw restrictions

} OURNAL OF THE SENATE
around the reception of pauper affidavits in judicial proceedings, and for other purposes therein mentioned."
The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk therof: Mr. President:
The House of Representatives has passed the following bill, to-wit :
A bill "To be entitled an act to declaretheToccoa river a navigable stream for certain purposes."
The House has adopted the following resolutions, in which they respectfully request the concurrence of the Senate, to-wit:
A resolution ''To appoint a committee to examine Stone Mountain."
Also a resolution "Providing that mileage be paid the members of the General Assembly coming to and returning from the Capital to attend the present adjourned session of the General Assembly, as is done at a regular session."
On motion of Mr. Cabaniss, the Senate took a recess for ten minutes, for the purpose of allowing the presentation of a gavel to the President of the Senate by Mr. Hudson, in behalf of the maker and donor thereof, Mr. C. G. Young, of the city of Atlanta, Ga.
Mr. Hudson said: Mr. Presz'dmt :
In behalf of a distinguished mechanic of this city, Mr. C. G. Young, I present to you this gavel, whose curious workmanship fully attests the great skill of its fabricator. The source of the donation should remind us, Senators, of our duty to foster, by iegislation, the mechanic art, which is second in its importance to no other art, save that of agriculture. In the material-hickory-of which this gavel is made, it is the emblem of a quality which should be possessed by every one clothed with authority to make and administer law. That quality is firmness. The greatest military chieftain which this country ever

OCTOBER I, 1879
produced won by his firmness, his inflexibleness of purpose, his iron will, the sobriquet, ''old hickory." Composed of seventy two pieces of hickory, every piece of which is native to the soil of Georgia, this gavel symbolizes this great political truth-Georgians should rule Georgia. Mr. President, in presenting to you this gavel, I do so in the full confidence that the authority of which it is the emblem, will not be abused by Hon. Rufus E. Lester, President of the Senate of Georgia.
The President responded, as follows: Senator:
In behalf of the Senate, of myself as its presiding officer, and of my successors in office, I accept this gavel-the emblem of the authority of the Senate-to be transmitted as an heir-loom to successive Senates, and to be wielded by successive Presidents.
Composed, as it is, of many pieces united by the practical hand of the skillful workman, into one compact body, it is a fit emblem of that conservatism which should unite all good Senators in the continued effort to promote the interest and prosperity of the State. May the sentiment, of which it is an eloquent expression, prevail for all time; and as it passes from hand to hand down the ages, may it find the men who hold it more and more worthy to exemplify the dignity and honor of the office to which it pertains.
At the expiration of the recess, the President called the Senate to order.
Mr. Bower offered the following resolution, which was unanimously adopted :
"Resolved, That the thanks of the Senate are hereby tendered to Mr. C. G. Young for the beautiful and scientifically wrought gavel, composed of seventy-two pieces of Georgia hickory, which he has presented to this body."
At the hour of 10 o'clock, a. m., the President an. nounced: "The hour for that purpose having arriv(d, tle

520

JouRNAL OF THE SENATE

Senate will now, according to order, resume its session as a Court of Impeachment," and retired from the chair.
At the close of the session of the High Court of Impeachment, the President resumed the chair and an-

nounced : ''The Senate is now in session for legislative purposes." The Senate, on motion, adjourned, until 3 o'clock and 20 minutes, p. m.

3:20 o'cLOCK, P. M. The Senate met pursuant to adjournment, the President in the chair.

Mr. Lumpkin, chairman of the Committee on Railroads,

made a report on the bill of the House "To provide for the regulation of railroad freights and passenger tariffs, in this

State; to prevent unjust discrimination and extortion in th6J rates charged for transportation of passengers a11d freights, and for other durposes,"
On his motion, the rules were suspended and the bill was read the second time, and one hundred copies of the substitute reported by the Committee were ordered to be printed for the use of the Senate.
The following message was received from His Excellency the Governor, through Mr. Warren, his Secretary,

to-wit:

Mr. Preszdent: I am directed by His Excellency, the Governor, to de
liver to the Senate a communication in writing, with an

accompanying document. On motion of Mr. Holton, the message of His Excel-
lency the Governor was taken up. The same is as fol-

lows, to-wit :

''EXECUTIVE DEPARTMENT,

}

Atlanta, Ga., October I, 1879

To the Senate :

I have the honor to report that, on the 29th day of

August last, an executive order was issued, directing the

ordinaries of the counties of Montgomery, Telfair and

OcTOBER r, 1879

521

Irwin, after giving due and public notice thereof, at least

twenty days, to cause an election to be held on the 25th

day of September, ult., in their respective counties, for a

Senator to represent the Fifteenth Senatorial District in

the General Assembly of this State, to fill the vacancy in

said office, occassioned by the death of Hon. J. C.

Clements.

From the certificate of the Hon. Secretary of State,

transmitted herewith, it appears, as the result of said elec-

tion, that, in the county of Montgomery, Jesse M. Wall

received 141 votes; Bar nard B. Cheney received 108 votes.

In the county of Telfair, Jesse M. Wall received 122 votes; B. B. Cheney received 87 votes ; A. C. McLendon re-

ceived I 5 votes.

It further appears that no returns of sa~d election have

been received from the county of Irwin.

(Signed)

ALFRED H. CoLQUITT.

OFFICE OF THE SECRETARY OF STATE, } Atla!Zta, October 1st, I 879.

I certify that the following is the result of the election in

the Fifteenth Senatorial District, to fill the vacancy of the

late Hon. J. C. Clements, as Senator from said district,

to-wit: In the county of Montgomery, Jesse M. Wall,

I41 votes; Barnard P. Cheney, 108 votes. In the county

of Telfair, Jesse M. Wall, I 22 votes ; B. B. Cheney, 87

votes ; A. C. McLendon, 15 votes. No return from the

county of Irwin. Which gives Jesse M. Wall a majority

of fifty-three votes over both.

(Signed)

N. C. BARNETT,

Seetetary oj State.

The presence of the Hon. Jesse M. Wall, Senator elect from the Fifteenth Senatorial District, was announced by Mr. Holton, on whose motion the oath of office was administered to the said Senator elect.
The hour of 3~ o'clock having arrived, the President

522

JouRNAL OP THE SENATE

announced : "The time for the purpose having arrived, the Senate will, according to order, resume its session as a Court of Impeachment," and retired from the chair.
At the close of the session of the High Court of Impeachment, the President resumed the chair and announced: "The Senate is now in session for legislative purposes."
The Senate took up, as the report of the Committee of the Whole, the bill of the Senate ''To pr....vide for the improvement of the Savannah river."
The report was agreed to. The bill was read the third time and passed, by a constitutional majority, there being ayes, 30; nays, o. The Senate, on motion, adjourned until 9 o'clock, a. m., to-morrow.

SENATE CHAMBER, } Thursday, October 2d, 1879, 9 o'clock, a. m.

The Senate met pursuant to adjournment, the President

in the chair.

Prayer by the Chaplain. On the call of the roll, the following~Senators answered

to their names, to-wit:

Boyd, Bryan,
Cabaniss. Candler,,
Casey, Clarke, Clements, Clifton, Cumming,
Drake,
DuBose, Duncan, Fain, Folks.
Grantland,

Grimes, Hamilton of the 14th,
Hamilton of the 21st, Harrison,
Hawkins Head, ' Hodges, Holcombe, Holton,
Howell,
Hndson, Lumpkin, McDaniel, McLeod,

Perry, Preston,
Hussell, Simmons,
Speer, l'ltaten, Stephens, Tison of the 4th, Tison of the lOth,
Troutman,
Turner, Wall, Wellborn, MR. PRESIDENT.

The journal was read and approved.

Mr. Cabaniss, chairman of the Finance Committee, and

OcTOBER z, 1879.
Mr. Lumpkin, chairman of the Committee on Railroads, made reports on certain bills of the House referred to their respective committees.
By request of Mr. Troutman, the Senate ordered the evidence of compliance with the law in relation to notice of intention to apply for the passage of a bill of the House ''To amend an act entitled an act to create a board of commissioners of roads and revenue for the county of Crawford," to be spread upon the journal; said evidence not being in possession of the Senator at the date of the pa5sage of the bill. The Senate, by vote, declared the said evidence to be satisfactory, the same consisting of the proper legal notice of intention to apply for the passage of the bill, published in the Fort Valley Mirror, of June 20th, I 879, and certificate of R. D. Smith, ordinary for Crawford county, declaring that the required notice was posted on the court house door of said county, on the sth day of June, 1879.
The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof: Mr. President:
The House of Representatives has pa,:sed the following bills, tr)-Wit:
A bill ''To be entitled an act to amend an act entitled an act to incorporate the Lawrenceville Branch Railroad Company, and for other purposes."
Also a bill ''To be entitled an act to reduce the bond of the sheriff of Wayne county, in this State, and for other purposes."
The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof: Mr. President:
The House of Representatives refuses to concur in the amendment of the Senate to the following bill of the House, to-wit:

JouRNAL OF THE SENATE
A bill "To be entitled an act to carry into effect paragraph 2, section 18, article 6 of the Constitution, so as to provide for the revision of the jury box, and for other purposes therein," and respectfully requests the Senate to recede therefrom.
The House insists upon its disagreement to the amendment of the Senate to the following bill of the House, towit:
A bill "To be entitled an act to repeal an act entitled an act to make minors parties to proceedings in the courts of this State, approved 24th February, 1876," and accepts the invitation of the Senate for a committee of conference on the disagreement of the two Houses on said bill, and has appointed as such committee on part of the House, Messrs. Harrison, Kimsey and Henderson.
The bill of the House "To declare the Toccoa river a navigable stream for certain purposes," was read the first time, and referred to the Committee on Local and Special Bills.
The bill of the House ''Providing that mileage be paid the members of the General Assembly coming to and returning from the Capital to attend the present adjourned session of the General Assembly, as is done at a regular session," was read the first time, and referred to the Committee on Finance.
The resolution of the House ''To appoint a committee to examine Stone Mountain," was read the first time, and, of motion of Mr. Speer, referred to the Committee on the Penitentiary.
The following bills of the Senate were taken up, and, on motion, laid on the table for the present, in conformity with the report of the Committee on Railroads, to whom the same, had been referred, to-wit :
A bill "To prevent extortion and unjust discrimination in the rates charged for the transportation of freights and passengers on railroads, in the State of Georgia; to punish

OcTOBER 2, 1879
the same, and to prescribe a mode of procedure and rules of evidence, in relation thereto, carrying into effect paragraph I, section 2 of article 4 of the Constitution."
A bill ''To create a board of commissioners for railroads; to prescribe the bond and oath of each commissioner;:prescribe their duties," etc., etc., and
A bill ''To establish a board of railroad commissioners, and prescribe their powers and duties."
The following bills of the House were read the second time and passed to a third reading, to-wit :
A bill ''To authorize the ordinary of Milton county to borrow money to build a court house."
A bill "To appropriate a sufficient amount of money to pay the expenses incurred by the special committee of the House, appointed at the present session of the General Assembly, to investigate the conduct of the office of Comptroller-General, and for other purposes."
A bill ''To amend an act incorporating the Louisville Branch Railroad Company, and for other purposes."
A bill "To amend an act to prevent the burning of gin houses in this State, by offering a reward for the apprehension of incendiaries, and for other purposes," and
A bill "Appropriating money to defray the expenses of the special committee on the investigation of the State Treasury."
The Senate took up, as the report of the Committee of the Whole, the bill of the House "To repeal an act approved February 26th, I877, creating a board of county commissioners for the county of Ware."
[Mr. Folks submitted to the Senate satisfactory evidence that the legal notice of intention to apply for the passage
of this bill had been given. J
The report was agreed to. The bill was read the third time and passed, by a constitutional majority of ayes, 3 I ; nays, o. The Senate took up, as the report of the Committee of

JouRNAt OF THE SENATE
the Whole; the bill of the House "To repeal an act ~nti tled an act to reduce the commissions of the tax collector and tax receiver for collecting the county tax for Clay; and to repeal an act entitled an act to reduce the commissions of the county treasurer of said county," both of which acts were approved February 28th, 1876."
[Mr. --presented to the Senate satisfactory evidence that legal notice to apply for the passage of this bill had been given.]
The report was agreed to. The bill was read the third time and passed, by a constitutional majority, there being ayes, 32 ; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill of the House "To repeal an act to change and regulate the school system of the counties of Ware, Echols, Lowndes, Berrien, Charlton, Dodge and Clinch, in certain particulars, approved February I 5th, 1877, ::.o far as applicable to Dodge county." [Mr. Hamilton of the 14th submitted to the Senate sat isfactory evidence that legal notice of intention to apply for the passage of this bill had been given.] The report was agreed to. The bill was read the third time and passed, by a constitutional majority, there being ayes, 34; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill of the House "To amend an act entitled an act to establish a City Court in the city of Atlanta, approved December rsth, I87I, approved February 25th, 1874, so as to provide that the judge of said court shall receive a salary of two thousand dollars per annum." The report was agreed to. The bill wa!: read the third time and passed, by a constitutional majority, there being ayes, 32 ; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill of the House ''To amend an act entitled an act to provide for the payment of the fees of the

OcTOBElt 2, 1879.
Solicitor-General of the Southern Circuit of this State, in cases of misdemeanor transferred to the county courts in said circuit, and for other purposes, so as to provide also for fees of the clerk of the Superior Court and sheriff of the county of Brooks, in said cases."
The report was agreed to. The bill was read the third time and passed, by a constitutional majority, there being ayes, 32; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill of the House "To make the liquor license of Tatnall county, for all dealers, $2,500 per annum, and for other purposes." [Mr: Clifton submitted to the Senate satisfactory evidence that legal notice of intentio!1 tu apply for the passage of
this bill had been given. J
The report was agreed to. The bill was read the third time and passed, by a constitutional majority, there being ayes, 32; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill of the House "To provide for the incorporation of colleges, libraries and other literary, charitable or social organizations which have no capital stock, and which are not organized for individual pecuniary gain." The Committee on Corporations reported a substitute for the bill. The substitute was adopted. The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 34; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill of the House ''To repeal an act entitled an act to better prevent the sale of intoxicating liquors within the corporate limits of the town of Whitesburg, and for other purposes."
The same was amended, in accordance with the report

528

JOURNAL OF THE SENA~

of the Committee on Local and Special Bills, by inserting between the words 'above" and "act," in the third section, the word "recited."
Also by striking from the 3d section the words 'be and the same."
The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 32; nays, o.
The Senate took up, as the report of the Committee of the Whole, the bill of the House "To carry into operation paragraph 4, section I, article I I of the Constitution of this State."
The same was amended, in accordance with the report of the Judiciary Committee, by striking from the 4th section the words ''votes cast,'' and, in lieu thereof, insert the words 'qualified voters of said county (as indicated by the tax digest as in section Ist) voted," and by striking out the word 'were," from the 5th line.
The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 33; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill of the House ''To empower the authorities of the city of Darien, in this State, to compel wharf owners to keep their wharves in good order, and owners of improved lots in said city to construct and keep in repair suitable pavements in front of the same, and to adopt and enforce certain other sanitary measures on, the recommendation of the city board of health." The same was amended, in accordance with the report of the Committee on Local and Special Bills, hy inserting between the words "lots" and the conjunction "and," in the 19th line of the first section, the following: "Ofstone or brick from Walker's store, at the head of Bay street, to Epping's old office, on both sides of the street; and of plank for the other places and streets in the city." Also

OCTOBER 2, 1879
by inserting between the word "lots" and "to," in- the I 5th line of the 2d section, the words ''of the character provided for in the 1st section of this act." Also by adding at the close of the 42d line of the 2d section, the words ''in the manner hereinbefore authorized."
[Mr. Clifton submitted to the Senate satisfactory evidence that legal notice had been given of application for the passage oi this bill.]
The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a constiutional majority, there being ayes, 35; nays, o. At the hour of 10 o'clock, a. m., the President announced : ''The time for that purpose having arrived, the Senate will, according to order, resume its session as a Court of Impeachment," and ::etired from the chair. At the close of the session of the Court of Impeachment, the President resumed the chair and announced: ''The Senate is now in session for legislative purposes," whereupon, on motion, the Senate adjourned until 3:25 o'clock, p.m.
3:25 o'CLOCK, P. M. The Senate met pursuant to adjournment, the President in the chair. The Senate took up the message ofthe House, communicating to the Senate the disagreement of that body with the amendment of the Senate on the bill of the House "To carry into effect paragraph 2, section t8, article 6 of the Constitution, so as to provide for the revision of the jury box, and for other purposes therein named,'' and asking a Committee of Conference on said disagreement. On motion of Mr. McDaniel the Senate adhered to its amendment, and granted the request for a Committee of Conference. The President appointed as the committee, on the part of the Senate, Messrs. McDaniel, DuBose and Clements.
At the hour of 3U o'clock, p. m., the President an-
34

530

JouRNAL OF THE SENATE

' nounced : "The time for that purpose having arrived, the Senate will, according to order, resume its session as a Court of Impeachment," and yielded the chair. At the conclusion of the afternoon session of the Court of Impeachment, the Pre8ident resumed the chair and announced: ''The Senate is now in session for legislative purposes." The Senate, on motion, adjourned until9 o'clock, a. m., to-morrow.

SENATE CHAMBER, } Friday, October 3d, 1879, 9 o'clock, a. m.

The Seaate met pursuant to adjournment, the President

in the chair.

Prayer by the Chaplain.

On the call of the roll, the following Senc1.tors a:1swered

to their names, to-wit :

Boyd, Bo .ver, Hr'"an Cabaniss, Candler, Casey, Clarke, Clements,
Clifton, Cumming,
Drake, DuBose, Duncan, Fai::.t. Folks,

Grantland, Grimes, Hamilton of the 14th, Hamilton of the 21st, Harrison, Hawkins, Head, Hodgts,
Holc"mbe, Holton,
Howell, Hudscn, Lumpkin, McDaniel, McLeod,

Perry, Preston, Russell, Simmons,. Speer, Staten, Stephens, Tison of the 4th, Tison of the lOth, Troutman, Turner, Wall, Wellborn,
MR. PRESIDENT.

The journal was read and approved.

Mr. Russell, chairman of the Committee on Enrollment,

submitted the following report :

Mr. Presidmt:

The Committee on Enrollment report as duly enrolled,

signed by the Speaker, and ready for the signature of the

President of the Senate, the following acts, to-wit :

An act "To regulate the practice of courts of this State, as to requests to charge the jury."
Also an act 'To amend an act creating a board of commissioners of roads and revenue for Crawford county, approved March zd, I 874 ''
Also an act "To fix the amount oflicense for selling or vending spirituous liquors in the counties of Wayne, Liberty, Coffee and Appling, in this State."
Also an act "To amend section 1832 of the Code of 1873"
Also an act "To prescribe the mode of granting license to sell intoxicati'lg liquors in the county of Muscogee, outside of the corporate limits of the city of Columbus, approved February 23d, 1876."
Also an ac!: "To alter and amend section 1730 of the revised Code of 1873, by striking out the words 'a special jury selected from the grand jury,' and inserting 'a jurj' as in other common law cases.'"
Also an act ''To increase the culture of fish in ti1e natural and artificial ponds on the plantations of David Dixon, in Hancock and vVashington counties, in this State."
Also an act ''To repeal an act requiring judgment creditors, in certain cases, to have their judgments recorded in the county of defendant's residence, and, in lieu thereof, to require a proper docketing- of the fl. fas. in such cases, approved February zSth, I 874."
Also an act "To provide for the election of Judge of the County Court of Putnam county, and for other purposes."
Also an act ''To repeal an act approved February 19th, 1876, reducing the corporate limits of the town of Waycross, in the county of Ware."
Also an act "To make it illegal, after January 15th, I88o, for the judge of any City Court in this State to hold

532

JouRNAL oF THE SENATE

any municipal office or appointment in the city where such court is held."
Also an act ''To prescribe the fees of the clerk of the Superior Court for all services required of him in the appointment of commercial notaries public, and for other purposes."
Also an act "To define who are agents of insurance companies not incorporated under the laws of this State, and for other purposes."
Also an <tct "To declare and amend the laws of this State tounching the jurisdiction of modes of procedure in the Superior Courts in certain cases, so far as relates to counties having ti.:erein a city of ten thousand or more inhabitants."
Also an act "To amend a!'. act entitled an act to prohibit the killing of partridges, wild turkeys or deer, at certain seasons, in the counties of Lowndes, Thomas and Putnam, in this State, approved February 28th, 1876, so far as relates to the county of Thomas, and for other purposes.''
Also an act ''To prescribe the method of granting license to sell spirituous liquors in the town of Eastman, and in the county of Dodge, in this State, and for other purposes."
Also an act "For the relief of James L. Fleming, towit: the withdrawal of his residence and lands from within the corporate limits of Summerville, in Richr~10nd county."
Also an act ''To prohibit hunting on the lands of another in the counties of Jones, Montgomery and Tatnall; to prohibit fishing in the waters on the lands of another in the county of Tatnall, and to provide a punishment
therefor." Also an act "To prohibit the retail ofspirituous liquors,
except for medicinal or mechanical purposes, in the county of Morgan."

OCTOBER 3. 1879

533

Also an act ''To carry into effect paragraph 5, section

I 2, of article 3 of the Constitution of Georgia."

Also an_act ''To prohibit the sale of spirituous, malt or

intoxicating liquors, for a valuable consideration, in certain

localities in this State, and to prescribe a penalty therefor."

Also a resolution ''To authorize Peterson Thweatt to

sue the State."

Also a resolution ''In reference to the opening of the

Chattahoochee river."

D. A. RussELL,

Charman.

On motion of Mr. Cabaniss, the bill of the House amendatory of the charter of Forsyth, was taken up and recommitted to the Judiciary Committee.
On motion of Mr. Cumming, the rule was suspended, when the bill of the House ''To amend an act incor-

porating the Louisville Branch Railroad Company, and for otht:r purposes," was taken up.

[Mr. Cumming submitted to the Senate satisfactory evidence that legal notice of intention to apply for the passage of this bill had been given.]
The report was agreed to. The bill was read the third time and passed, by a constitutional majority, there being ayes, 30 ; nays, o ; and, on motion of Mr. Cumming, the same was ordered to be transmitted to the House without delay. Mr. Duncan introduced a bill "To make it a penal offense for defendants in fieri facias to point out to levying officers property ttot their own, in certain cases, and to provide a penalty therefor," which was read the first time and referred to the Committee on the Judiciary. The bill of the House ''To amend an act to i11corporate the Lawrenceville Branch Railroad Company, and for other purposes," was read the second time and referred to the Committee on Corporations. The bill of the House "To reduce the bond of the sheriff

534

JouRNAL oF THE SENATE

of Wayne county, in this State, and for other purposes," was read the first time and referred to the Committee on Local and Special Bills.

The Senate took up, as the report of the Committee of the \Vhole, the bill of the House ''To amend section 3845 of the revised Code of 1873, as to the pay of nonresident witnesses for the State."

The report was agreed to.

The bill was read the third time and passed, by a constitutional majority of ayes, 30 ; nays, o.

The Senate took up, as the report of the Committee of the Whole, the bill of the House "To pay the expenses of the special committee of the House to investigate the conduct of the Comptroller-General of this State."

The report was agreed to.

The bill was redd third time, and, on the question of its passage, the ayes and nays were required to be recorded.

Those voting in the affirmative are, to-wit-Messrs.

Boyd, Bower, Bryan,
Cabaniss, Candler,
Clarke, Clements, Clifton, Drake, DuBose,
Duncan, Fain,
Fol:s,

Grantland, Grimes, Hamilton of the 14th.
Hamilton of the 21st, Harrison,
Hawkins, Head, Hodges, Holcombe, Holton,
Howell, Hudson,
Lumpkin,

McDaniel, McLeod,
Perry, Russell,
Simmons, Speer, Staten, Stephens, Tison of the 4th, Tison of tho lOth,
Turner, Wall,
MR. PRESIDENT.

Ayes, 38. Nays, o. So the bill >vas passed by a constitutional majority.

The Senate took up, as the report of the Committee of the vVhole, the bill of the House ''To amend an act to prevent the burning of gin hous,es in this State, by offering a reward for the apprehension of incendiaries, and for

other purposes." The report was agreed to.

535

The bill was read the third time and passed, by a constitutional 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 ''To appropriate money to defray the expenses ofa survey of the State line between Georgia and North Carolina, so far as the same is the line between Rabun county, in Georgia, and Macon county, in North Carolina."

The report 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.

Boyd, Bower, Bryan,
Cabaniss, Candler, Clarke, Clements, Clifton,
Drake, DuBose, Duncan, Fain,

Folks, Grantland, Grimes,
Hamilton nf the 14th, Hamilton of the 21st, Harrison, Hawkins, Head,
Hocl!.res, Holcombe, Holton, Hudson,

Lumpkin, McDaniel, McLeod, Russell, Simmons, Speer, Staten, Stephens, Tison of the 4th, Tison of the lOth, Wall,
MR. PRESIDENT.

Ayes, 36. Nays, o.

So the bill was passed by a constitutional majority. The Senate took up, as the report of the Committee of the Whole, the bill of the House "Appropriating money to defray the expenses of the special committee on the investigation of the State Treasury." The report 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 arc, to-wit-Messrs.

Bower, Bryan, Cabaniss,
Candler, Casey, Clarke,

Grantland, Grimes,
Hamilton of the 14th, Hamilton of the 21st, Harrison,
Hawkins,

McLeod, Perry,
Russell, Simmons, Speer, Staten,

jOURNAL OF THE SENATE

Clements, Clifton, Cumming, Drake, DuBose, Duncan, Fain, Folks,

Head, Hodges, Holton, Howell,
Hudson, Lumpkin,
McDaniel,

Stephens, Tison of the 4th. Tison of the lOth, Troutman, Turner, Wall,
Wellborn.

Ayes, 40. Nays, o.

So the bill was passed by a constitutional majority.

The Senate took up, as the report of the Committee of the Whole, the bill of the House ''To make it a felony for the President and Directors, or other officers of any bank, loan and trust company, or other company incorporated by the laws of this State, or doing business in this State, or of any private bank or other company, incorporated or unincorporated, or for any individual or individuals doing a banking business in this State, or a business in which money is received on general deposit, to fail to repay to the depositor or the person entitled thereto, within three days after demand therefor, any money deposited in the bank, loan and trust company, or other company, incorporated or unincorporated, or with such individual or individuals, being at the time of receiving such deposit insolvent, and to provide for the punishment therefor."

The Committee on Corporations reported a substitute.

The substitute was adopted. The report, as amended, was agreed to. The bill was read the third time and passed, by a constitutional majority, there being ayes, 3 I ; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill of the House "To repeal an act entitled an act to consolidate the offices of sheriff and tax collector, of clerk of the Superior Court and tax receiver, and of ordinary and treasurer in the county of Calhoun, ap-
proved February 25th, I 875, and for other purposes."
The report was agreed to.

OcTOBER 3, 1879

537

The bill was read the third time and passed, by a constitutional majority, there being ayes, 30; nays, o.
The Senate took up, as the report of the Committee of the Whole, the bill of the House "To provide the compensation of the Secretary of the Senate and Clerk of the House of Representatives of this State, to regulate the appointment of their assistants, and to provide for their giving bond, as required by the Constitution, and for other purposes.
The same was amended, in accordance with the report of the Committee on Finance, by substituting the word "sixty" for the word "fifty," where the same occurs in the 1st section.
The report, as amended, was agreed to.
The bill was read the third time and passed, by a constitutional majority, there being ayes, 30 ; nays, o.
The Senate took up, as the report of the Committee of the Whole, the bill of the House ''To authorize the Governor to sell and convey to the city of Atlanta certain property of the State of Georgia, on Spring street, in said city, for street purposes."
The report was agreed to.
The bill was read the third time and passed, by a constitutional majority, there being ayes, 29; nays, o.

At the hour of 10 o'clock, a. m., the President announced: "The time for that purpose having arrivecl, the Senate will, according to order, resume its sessio:1 as a Court of Impeachment;' and retired from the chair.

At the conclusion of the session of the High Court of Impeachment, the President resumed the chair and ad nouneed: ''The Senate is now in session for legislative purposes."
The Senate adjourned until 3:25 o'clock, p. n1.

} OURNAL OF THE SENATE
3:25 O'CLOCK, P. M. Tht: Senate met pursuant to adjournment, the President in the chair. Mr. Clements, chairman of the Committee on Local and Special Bills, made a report, which was read. The Senate took up, as the report of the Committee of the Whole, the bill of the House "For the protection of game and birds in the county of Bibb; to prohibit the killing, trapping, or netting the same, or buying, selling, or offering for sale the same, during certain months, in said county ; to provide penalties for so doing, and for other purposes." The same was amended, in accordance with the recommendation of the Committee on Local and Special Bills, by adding the following as section 5 : ''Be it further enacted, that nothing in this act shall be so construed as to prevent the buying or selling, in said county, of any deer, wild turkey, dove, partridge, or other game, which may be caught, taken or killed outside of said county of Bibb." Amend further, by making the original section "5,'' section ''6.'' Also, insert between the words '':and" and '' shall," in the 4th line of section 2d, the words ''or with the permission of such owner." The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutiona! majority, there being ayes, 27; nays, o.
At the hour or 3;/z o'clock, p. m., the President an-
nounced: ''The time for that purpose having arrived, the Senate will now resume its session as a Court of Impeachment," and retired from the chair.
At the close of the session of the High Court of Impeachment, the President resumed the chair, and announced : "The Senate is now in session for legislative purposes," but without further action, the Senate adjourned until 9 o'clock, a. m., to-morrow.

OcTOBER 4, I 879.

S39

m.} SENATE CHAMBER,
Saturday, October 4th, 1879, 9 o'clock, a.

The Senate met pursuant to adjournment, the President

in the chair.

Prayer by the Chaplain. On the call of the roll, the following Senators answered to

their names, to-wit:

Boyd, Bower, Bryan, Cabaniss,
Candler, Casey, Clarke,
Clements, Clifton, Cumming,
Drake, DuBose, Duncan, Fain, Folks,

Grantland, Grimes, Hamilton of the 14th, Hamilton of the 21st,
Harrison, Hawkins, Head,
Hodges. Holcombe, Holton,
H8well,
Hud~on,
Lumpkin, McDaniel, McLeod,

Perry, Preston, Russell, Simmons, Speer, Staten, Stephens, Tison of the 4th, Tison of the lOth, Troutman, Turner, Wall, Wellborn,
MR. PRESIDENT.

The journal was read aDd approved.

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

the Whole, the bill of the House "To amend the charter

of Senoia. "

Mr. Duncan offered to amend the same by submitting

said bill to ratification or rejection of the voters of said

town.

Pending action thereon, the hour of 9:30 o'clock, a. m.,

having arrived, the President announced : ''The time for

the purpose having arrived, the Senate will, according to

order, resume its session as a Court of Impeachment," and

yielded the chair.

At the close of the session of the Court of Impeach-

ment, the President resumed the chair and announced:

"The Senate is now in session for legislative purposes,"

whereupon the Senate, on motion, adjourned until 9 o'clock,

a. m., Monday.

540

}OURNAL OF THE SENATE

SENATE CHAMBER, } Monday, October 6tlt, 1879, 9 o'clock, a. m.

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

Prayer by the Chaplain.

On the call of the roll, the following Senators answered to their namP-s, to-wit :

Boyd, Bower, Bryan, Candler, Casey, Clarke, Clements,
Clifton, Cumming, Drake, DuBose, Duncan,
Fain, Folks,

Grantland,

McLeod,

Grimes,

Perry,

Hamilton of the 14th, Preston,

Hamilton of the 21st, Russell,

Harrison,

SimmPns,

Hawkins,

Staten,

Head,

Stephens,

Hodges,

Tison of the 4th,

Holcombe,

Tison of the 10th,

Holton.

Troutman,

Howell,

Turner,

Hudson,

Wall,

Lumpkin,

Wellborn,

McDaniel,

MR. PRESIDENT.

The journal was read and approved.

The Senate took up, as th.e report of the Committee of

the Whole, the bill of the House (reconsidered) ''To con-

solidate, amend and supersede the several acts incorpora-

ting the town of Senoia, in the county of Coweta; to

repeal conflicting laws ; provide for a mayor and council ;

prescribe their powers and duties, and for other pur-

poses.

The Committee on Local and Special Bills reported a

substitute.

Mr. Duncan offered to amend the substitute as follows,

to-wit : ''Provided, That this act shall be submitted to

the legal voters of the town of Senoia, at an election to be held on the first Saturday in November next, for rati~

cation or rejection; and the same shall not become a

law unless a majority of the voters at said election shall

vote for ratification."

This amendment was not agreed to.

The substitute was adopted.

The report, as amended, was agreed to.

OcTOBER 6, 1879.
The bill was read the third time and passed, by a constitutional majority, there being ayes, 3I ; nays, o.
On motion of Mr. Duncan, the bill was ordered to be transmitted to the House without delay.
The Senate took up, as the report of the Committee of the Whole, the bill of the House "Granting right of way to the Cincinnati Southern Railway, where its route adjoins that of the Western and Atlantic Railroad."
The report was agreed to. Tht: bill was read the third time and passed, by a con-
stitutional majority, there being ayes, 23; nays, o.
The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof: Mr. President:
The House of Representatives refuses to concur in the action of the Senate in the passage of the following bills, to-wit:
A bill ''To be entitled an act to provide for the cancel. lation of the record of deeds made to secure debts and mortgages and other liens, required by law to be recorded in the clerk's office of the Superior Courts of this State, and for other purposes."
Also a bill "To be entitled an act to amend section 5674 of the Code of 1873."
Also a bill "To be entitled an act to amend an act en. titled an act to change the fiscal year, so the same shall begin on the first day of October and end on the 30th day of September of each year, approved December 16th, I 878."
Also a bill "To be entitled an act to repeal section 4528 of the Code of 187J, and to substitute another section therefor."
Also a bill "To be entitled an act to repeal an act entitled an act to repeal section 4323 of the revised Code of 1873; to prescribe the punishment of persons convicted of murder, and for other purposes, approved December I 6th,

JouRNAL OF THE SENATE
1878, and to re-enact and declare of full force said section 4323, 'Vhich prescribes the punishment for_ the crime of murder in this State."
The following message was received from the House of. Representatives, through Mr. Goetchius, the Clerk thereof: l~r. President:
The House of Representatives has passed the following bills, to-wit :
A bill ''To be entitled an act to regulate and restrict the rate of interest in this State, and for other purposes."
Also a bill "To be entitled an act to require the judges of the Superior Courts to give in charge to the grand jury in each county, where a convict camp is located, all the laws respecting the inspection, management and control of the convicts of this Stat;; ; to authorize the grand jury to appoint a commission, composed of members of its own body and other persons ; to prescribe the duty of such commission and ofthe grand jury ; to require t~1e grand juries to present any person or persons who may violate any penal statutes of this State, relative to the management and controi of the convicts, and for other purposes."
The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof: Mr. Preszdent :
The House of Representatives has concurred in the amendments of the Senate to the following bills of the House of Representatives, to-wit :
A bill "To be entitled an act to carry into operation paragraph 4, section I, article I I, of the Constitution of this State."
Also a bill "To be entitled an act to repeal an act entitled an act to better prevent the sale of intoxicating liquors within the corporate limits ofthe town of Whitesburg, and for other purposes."
The House insists on its disagreement to the amendment

OcTOBER 7, 1879

543

of the Senate to the following bill of the Senate, to-wit :
A bill "To be entitled an act to carry into effect para-
graph 2, section 18, article 6, of the Constitution, so as to provide for the revision of the jury box, and for other purposes," and a-:::cedes to the request of the Senate for the appointment of a Committee of Conference, and has ap pointed as such committee, on part of the House, Messrs. Davis of Houston, Zellner and Phillips of Coffee.
The hour of 9 ~ o'clock arrived, and the President announced: " The time for the purpose having arrived, the Senate will, according to order, resume its session as a Court of Impeachment," and yielded the chair.
At the close of the session of the High Court of Impeachment, the President resumed the chair and aiJnounced: "The Senate is now in session for legislative purposes," whereupon, the Senate adjourned until 3:2 5 o'clock, p. m.
3:25 o'CLOCK, P. M. The Senate met pursuant to adjournment, the President in the chair. At the hour of 3~, p. m., the President announced: "The time for that purpose having arrived, the Senate will, according to order, resume its session as a Court of Impeachment," and yielded the chair. At the close of the session of the High Court of Impeachment, the President resumed the chair and annouced : ''The Senate is now in session for legislative purposes," whereupon, the !::>enate, on motion, adjourned until 9 o'clock; a. m., to-morrow.

SENATE CHAMBER, } Tuesday, October Jilt, 1879, 9 o'clock, a. m.
The Senate met pursuant to adjournment; the President in the chair.
Prayer by the Chaplain.

544

JouRNAL o THE SENATE

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

Boyd, Bower,
Bryan, Cabaniss, Candler, Casey, Clarke, Clements, Clifton, Cumming, Drake,
Du,Bose, Duncan, Fain,
Folks,

Grantland,

McLeod,

Grimes,

Perry,

Hamilton of the 14~h, Preston,

Hamilton of the 21st, Russell,

Harrison,

Simmons,

Hawkins,

Staten,

Head,

Stephens,

Hc:lges,

Tison of the 4th,

H<,Jcombe,

TisoTJ. of the lOth,

Holton,

Troutman,

Howell,

Turner,

Hudson.

Wall,

Lumpkin,

Wellborn,

.McDaniel,

MR. PRESIDENT.

The journal was read and approved.

The following message was received from the House of

Representatives, through Mr. Goetchius, the Clerk thereof:

Mr. Preszdent:

The House of Representatives refuses to concur in

the action of the Senate in the passage of the following bills, to-wit :
A bill 'To be entitled an act to alter and amend section

4373 of the Code of Georgia, in reference to the abandonment of his child or children by a father, and to provide for the punishment of such father."

Also a bill ''To be entitled an act to make it a penal offense to poison any domestic animal, or to expose any

poisonous substance with the intent that the life of any

animal shall be destroyed thereby, or to procure, counsel, or command another to commit said crime."
Also a bill "To be entitled an act to provide for record-

ing all deeds and other writings, under which title or right to realty is claimed, and prescribe the effect of such record on the revising of the statute of limitation in such cases."
Also a bill 'To be entitled an act to define the mode of

fixing the time of the monthly sessions of justices of the

peace and notaries public."

'

Also a bill ''To be entitled an act to regulate and fix

OCTOBER 7. 1879

545

the fees of ordinaries, sheriffs and clerks of the Superior Courts, for services to be rendered where no fees are now prescribed by law; to provide who shall pay said fees, and to amend section 3696 of the Code of Georgia, of 1873"
Also a bill ''To be entided an act to provide for the more speedy hec:.ring of cases, in which the State is a party plaintiff, in the courts of this State."
Also a bill "To be entitled an act to define tne crime of being a tramp, aad to provide for the trial and punishment of the same."
Also a bill "To be entitled an act to define and regulate the jurisdiction of county and other inferior courts, in certain ca!>es, and for other purposes."
Also a bill "To be entitled an act to regulate the practice in the Superior, City and other Courts of this State, in cases where the cause of action is superior to the right of homestead and exemption, to provide for the enforcement of executions issued in such cases, and for other purposes."
The following message was received from the House of Representatives, through Mr. Goetchius, the clerk thereof: .Mr. President:
The House of Representatives 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 prescribe the compensation of the Secretary of the Senate and Clerk of the House of Re1-resentatives, of this State; to regulate the appointment of their assistants, and to provide for their giving bond, as required by the Constitution, and for other purposes."
The House has adopted and passed a substitue for the following bill of the Senate, in which they ask the concurrence of the Senate, to wit:
A bill ''To be entitled an act to carry into effect section
35

JouRNAL OF THE SENATE
rst, paragraph 3d of article 1 rth of the Constitution, prescribing the manner of changing county lines."
The House has adopted and passed the substitute of the Senate for the following bill of the Ho~se, to-wit:
A bill "To be entitled an act to consolidate, amend and supersede the several acts incorporating the town of Senoia, in the county of Coweta ; to repeal conflicting laws; provide for a mayor and council; prescribe their powers and duties, and for other purposes."
The House has also passed the following oill of the Senate, to-wit:
A bill ''To be entitled an act to provide for the improvement of the Savannah river."
The House of Representatives rehses to concur in the first and second amendments, and has concurred in the third amendment of the Senate, to the following bill of the House, to-wit :
A bill "To be entitled an act for the protection of game and birds in the COL'nty of Bibb; to prohibit the killing, trapping or netting the same, or buying, selling or offering for sale the same, during certain months, in said county; to provide penalties for so doing, and for other purposes."
The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof: Mr. President:
The House of Representatives has passed the following bills, to-wit :
A bill "To be entitled an act to amend section 1416 of the Code of 1873, which relates to and regulates the practice of dentistry."
Also a bill "To be entitled an act to alter and amend an act to authorize the sale of the Macon and Brunswick Railroad, and for other purposes."
Mr. Russell, chairman of the Committee on Enrollment, submitted the following report :

OCTOBER 7, 1879

547

Mr. President: The Committee on Enrollment report as duly enrolled,
signed by the Speaker of the House of Representatives, and ready for the signature of the President of the Senate, the following acts, to-wit:

An act "To amend an act incorporating the Louisville Branch Railroad Company, and for other purposes."

Al"o an act ''To carry into operation paragraph 4, section I, article I I of the Constitution of this State."

Also an act "To repeal an act entitled an act to reduce the commissions of the tax collector and tax receiver for collecting the county tax for Clay county; and.to repeal an act to reduce the commissions of county treasurer tor said county, both acts approved February 28th, 1876."

Also an act ''To amend an act entitled an act to establish a City Court in the city of Atlanta, approved December 15th, rSJI, and approved February 25th, 1874, so as to provide that the judge of said court shall receive a salary of two thousand dollars per annum."

Also an act " To amend an act entitled J.n act to pro-

vide for the payment of the fees of the Solicitor-General

of the Southern Circuit of this State, in cases of misde-

meanor transferred to the County Courts in said circuit

0

,

and for other purposes, so as to provide for the fees of

the clerk of the Superior Court and sheriff for the county

of Brooks."

Also an act "To repeal an act entitled an act to better prevent the sale of intoxicating liquors within the corporate limits of the town of Whitesburg, and for other purposes.''

Also an act 'To repeal an act entitled an act to change and regulate the school system in the counties of Ware, Echols, Lowndes, Berrien, Charlton, Dodge and Clinch,
in certain particulars, approved February I 5th, I 877, so
far as applies to Dodge count)'."

JouRNAL OF THE SENATE
Also an act "To make the liquor license in Tatnall county, for all dealers, $2, soo per annum."
Also an act "To repeal an act approved February 26th, 1877, creating a board of county commissioners for the county of Ware."
Also an act "To regulate the practice in cases of writs enjoining sheriffs' sales."
Also an act ''To au~horize the ordinary of Milton county to borrow mon..:y to build a court house."
Also an act "To amend section 3845 of the Code of 1873, in rderence to the pay of non-resident witnesses for the State."
Also an act' 'To authorize the Governor to sell and convey to the city of Atlanta certain property of th~ State of Georgia, on Spring street, in saiJ city, for street purposes."
Also an act "To appropriate money to defray the expenses of the special committee of nine, on the investigation of the State Treasury."
Also an act "To appropriate money to defray the ex" penses of the special committee appointed to investigate the conduct of the Comptroller-Ger,eral, and for other purposes."
Also an act ''To appropriate money to defray the expenses of a survey of the State line between Georgia and North Carolina."
Also an act ''To amend an act entitled an act to prevent the burning of gin houses in this State, by offering a reward for the apprehensior: of incendiaries."
Also an act ''To repeal an_act entitled an act to consolidate the offices of sheriff and tax collector, of clerk of the Superior Court and tax receiver, and of ordinary and treasurer, in the county of Calhoun, approved February 25th, 1875"
The Senate took up, as the report of the Committee of

OCTOBER ;. 1879

549

the Whole, the bill of the House "To estas!ish the Middle Georgia Military and Agricultural College."
The same was amended as follows, on the report of the Committee on Education, towit: Add at the close of the title the words ''and to commit and lend the State House and square, the Executive Mansion and premises, and the Penitentiary square and appurtenances, at Milledgeville, to the State University, for that purpose."
Amend the zd section by striking out the word "for," at the end of the 12th line.
The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 26; nays, o. The bill of the House "To exempt the banks chartered under the law!> of this State from the payment of special or specific taxes on business, and for other purposes," was made the special order for to-morrow morning, after the reading of the journal. The bill ''To amend section 1416 of the Code of 1873, which relates to, and regulates the practice of dentistry," was read the first time, and referred to the Committee on Public Health.
The bill of the House To require the judges of the Superior Courts to give in charge to the grand jury in each county, where a convict camp is located, all the laws respecting the inspection, management and control of the convicts of this State; to authorize the grand jury to appoint a commission, composc:d of members of its own body, and other pereons; to prescribe the duty of such commission, and of the grand jury; to require the grand juries to present any person, or persons, who may violate any penal statutes of this State relative to the manage~ent and control of the convicts, and for other purposes," :.vas read the first time, and referred to the Committee on ihe Judiciary.
.' The bill of the House ''To alter and amend an act enti

sso

JOURNAL OF THE SENATE

tled an act "To authorize the sale of the Macon and Brunswick Railroad, and for other purposes," was read the first time, and referred to the Committee on the Macon and Brunswick Railroad.
The bill of the House "To regulate and restrict the rate of interest in this State, and for other purposes," was read the first time, and referred to the Committee on Finance.
At the hour of 9:30 o'clock, a. m., the President announced: ''The time for the purpose having arrived, the Senate will, according to order, resume its session as a Court of Impeachment," and yielded the chair.
At the close of the session of the High Court of Impeachment, the President resumed the chair and announced: 'The Senante is now in session for legislative purposes. ''
Leave of absence was granted Mr. Hamilton of the 14th, for a few days, on important business.
The Senate adjourned, on motion, untii 9 o'clock, a. m., to-morrow.

SENATE CHAMBER, } TiVednesday, October 8, I8Jg, 9 o'clock, a. m.

The Senate met pursuant to adjournment, the President

in the chair.

Prayer by the Chaplain.

On the call of the roll, the following Senators answered

to their names, to-wit:

Boyd, Bower, Bryan, Cablmiss, Candler,
Clarke, l;lifton, Cumming, Drake, DuBo8e,
DL~ncan,
Fain,
Folks,

Grantland, Grimes, Hamilton of the 21st,
Harrison, Hawkins, Head, Hodges, Holcombe,
Bolton, Howell, Hudson, Lumpkin, McDaniel,

McLeod, Perry, Preston, Russell, Simmons,
Staten, Stephens, Tison of the 4th, Tison of the lOth, Troutman, Turner, Wall,
MR. PnESIDENT.

OCTOBER 8, 1879

551

The journal was read and approved.

On motion of Mr. Lumpkin. the special order was dis-

charged for the present, when the bill of the House, and

substitute reported therefor by the Committee on Rail

roads, ''To provide for the regulation of railroad freight

and passenger tariffs in this State ; to preverat unjust dis-

crimination and extortion in the rates charged for trans-

portation of passengers and freights, and for other pur-

poses," were made the special order for to-morrow morn-

ning,:immediately after the reading of the journal.

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

the Whole, the bill of the House ''To exempt banks,

chartered under the laws of this State, from the payment

of special or specific taxes on busine.-,s, and for other

purposes. "

On motion of Mr. Holcombe, the same was amended by

inserting after the word ''tax," in the 4th line of the first

section, the words ''not exceeding fifty dCJl!ars."

The same was further amended, on motion of Mr.

Lumpkin, by inserting after the word business, in the cap-

tion, the words ''not to exceed fifty dollars."

The report, as amended, was agreed to.

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

its passage, Mr. Harrison required the ayes and nays

to be recorded.

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

Cabaniss,
Drake, DuBose, Duncan, Grimes,

Holton,
Hudson, Lumpkin, l\IcD,miel, Prtooton,

Simmons, Tison of the 4th, Tison of the lOth.
Troutman.

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

Boyd,
Bower, Bryan. Candler, Clarke, Cumming,
Folks,

Grantland,

Perry,

Hamilton of the 21st, RttfiSCl!,

Hanisnn

St:\ten,

Hawkins:

.Sttphens,

Head,

Turner,

Hodges,

Wall,

Holcombe,

Mn. PRESIDENT.

Ayes, 14. Nays, 21.

552

JOURNAL OF THE SENATE

There not being a constitutional majority voting in favor of the passage of the bill, the same was, therefore, lost.
The Senate took up the bill of the House "For the protection of game and birds in the county of Bibb, and for other purposes," and, on motion, receded from its amendment thereto, in which the House refused to concur.
The Senate took up, and recommitted to the Judiciary Committee, the bill of the Senate "To carry into effect section J, paragraph 3, of article I I of the Constitution, prescribing the manner of changing county lines," the House hav1ng passed the same by substitute.
Mr. Lumpkin offered the following resolution, which was taken up and read :
"Resolved, That five hundred copies of the offidal stenographic report of the proceedings in the impeachment trial of John. \V. Renfroe, Treasurer, be printed for the use of the Senate."
On motion of Mr. Folks, the same was amended by substituting "one thousand" for ''five hundreC:," and adopted as amended.
At the hour of 10 o'clock, a. m., the President announced: ''The time for that purpose having arrived, the Senate will, according to order, resume its session as a Court of Impeachment," and yielded the chair.
At the adjournment of the High Court of Impeachment, the President resumed the chair and declared: "The Senate is now in session for legislative purposes."
Mr. Hawkins, chairman pro tem. of the Committee on Local and Special Bills, and Mr. Cabaniss, chairman of the Finance Committee, made reports on certain bills referred to their respective committees.
Mr. Clarke, chairman of the Committee on Corporations, made a report on a certain bill.
The following bills of the House were read the seco11g time and passed to a third reading, to-wit :

OcTOBER 8, 1879.

553

A bill ''To reduce the bond of the sheriff of Wayne county, in this State, and for other purposes."
A bill "To declare the Toccoa river a navigable stream for certain purposes."
A bill "Making appropriations for the payment of the expenses of the Special Committee on the investigation of the office of the Principal Keeper of the Penitentiary," and
A bill ''To amend an act to incorporate the town of Thomasville, in this State; to grant certain privileges to the same, and to define its limits, approved March 3d, 1874,
The Senate took up the report of the Committee of the Whole, the bill of the House "To incorporate the Skidaway Narrows Canal Company, and to grant certain privileges therein named."
The same was amended, in accordance with the report of the Committee on Corporations, by striking out all of section 5 after the enacting clause, and inserting, in lieu thereof, the following: "That the privileges granted by this act shall cease, unless the line for said canal shall be selected and marked, and the construction of such canal bona fide begun, within two years from the passage hereof, and unless twenty miles thereof shall be completed within five years thereafter."
The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 25 ; nays, o. The bill of the Senate "To regulate the manner of giving in land for taxation, and the sale and redemption thereof, and for other purposes," was, on motion of Mr. Russell, taken up for the third reading, but, on motion, was laid on the table for the present. Mr. Russell, chairman of the Cc,mmittee on Enrollment, submitted the following report :
Mr. President:
Th~ Committee on Enrollment report ~s duly enrolled,

554

}OURNAL OF THE SENATE

signed by the Speaker of the House of Representatives, and ready for the signature of the President of the Senate, the following acts, to-wit :
An act 'To prescribe the compensation of the Secretary of the Senate, and Clerk of the House of Representatives of this State."
Also an act "Granting right of way to the Cincinnati Southern Railway, where its route adjoins that of the Western and Atlantic Railruad."
Also an act "To consolidate, amend and supersede the several acts incorporating the town of Senoia, in the county Coweta."
D. A. RussELL, Chaz"tman.
Mr. Russell, chairman of the Committee on Enrollment, submitted the following report: Mr. President:
The Committee on Enrollment report as duly enrolled, and ready for the signature of the President of the Senate, the following Senate bill, to-wit:
A bill "To provide for the improvement of the Savannah river."
The Senate took up, as the report of the Committee of the Whole, the bill of the House "To provide compensation for the commissioners of roads and revenue for the county of Mitchell."
The report was agreed to. The bill was read the third time and passed, by a constitutional majority, there being ayes, 32; nays, o. The adverse report of the Judiciary Committee on the bill of the House "To give to justices of the peace of this State j ...risdiction to foreclose mortgages on per.:;onalty, where the principal sum involved does not exceed ,$100, and to hear and determine and dispose of defenses offered against foreclosure, and for other purposes," was agreed to, and the bill was, therefore, lost.

OcTOBER 8, 1879

555

The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof: Mr. President:
The House of Representatives has adopted and passed a substitute for the following bill ofthe Senate, towit :
A bill ''To be entitled an act to prescribe the manner of fixing the compensation of jurors in all the counties of this State," and respectfully requests the Senate to concur therein.
The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof: Mr. Ptesidmt:
The House of Representatives has agreed to the following resolutions, in which they respectfully ask the concurrence of the Senate, to-wit:
A resolution "Making an appropriation to pay expenses of the committee accompanying the remains of the late
Hon. J. C. Clements to the county of Montgomery."
Also a resolution "Looking to an early adjournment of this session," and has appointed as a committee, on part of the House, under said resolution, Messrs. Crawford, Bennett, Brintle, Davison, Ford, Gammage and Sharman.
The House has passed the following bills, to-wit : A bill 'To be entitled an act to declare illegal, null and void all waivers of the general warranty imposed on vendors of fertilizers and chemicals, and for other purposes." Also a bill "To be entitled an act to provide for the compensation of a,uditors." Also a bill "To be entitled an act to enlarge the facilities for education furnished by the University of Georgia, by creating a new school, to be a part thereof, and to be known as the Georgia State Normal College." Also a bill "To be entitled an act to carry into effect paragraphs I and 2, section 7, article 7 of the Constitution of 1877." Also a bill "To be entitled an act to authorize the reg-

JouRNAL oF THE SENATE

istration of the bonds of this State, and for other purposes."

The Senate took up, as the report of the Committee of the Whole, the bill of the House "To regulate the rates and manner of legal advertising in this State, and to prohibit sheriffs, coroners, clerks, marshals, or other officers, from receiving or collecting, either from plaintiffs or defendants, other or greater fees than herein provided, and making a disregard of the requireme!"'ts of this act, extortion, and prescribing the punishment therefor."
Mr. Head offered as a subc;titute for the same, a bill " To require the ordinaries of this State to let the advertising pertaining to the offices of the ordinaries, sheriffs, . coroners, clerks of the Superior Courts, county judges, and county boards of commissioners of their respective counties, to the lowest bidder, and for other purposes therewith connected."
On the question of adopting the same, as a substitute for the original bill, the ayes and nays were required to be recorded.
Those who voted in the affirmative are, to-wit-Messrs.

Cumming, Drake, Duncan,
Fain, Harrison, Head, Holcombe,

McDaniel, McLeod,
Perry, Preston, Russell, Simmons,

Stephens, Tison of the 4th, Troutman, Turner, Wall,
J'!lR. PRKSIDENT.

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

Bower, Bryan, Cabaniss, Candler,
Clark,~,
Clifton, DuBose,
Ayes, 19.

Folks, Grantland, Grimes, Hamilton of the 21st, Hawkins, Hodges,

Holton, Howell, Huclsuu, Lumpkin,
Statt n, Tison of the 10th.

Nays, 19.

So the same was not adopted. The fo:lowing amendments, reported by the Judiciarr

Committee, were agreed to, to-wit:

OCTOBER 8, 1879

557

Amend the Ist section by stiiking out "thirty days," and inserting ''four insertions.''
Amend further by striking out the words "when the advertisement runs for a greater time than thirty days."
Insert before the word " fractional " the words " in all cases," and insert after the word " parts" the words ''shall be charged for."
Add the following as a proviso : '' Provit/ed, That this act shall not apply to any contracts already made by municipal officers, nor shall any such officers be liable to penalties herein provided, on account of any such contract, but the same shall be controlled by the law as it now is."
Amend section 3d by striking out the words ''shall fail," a::1d inserting the words "is unable."
Also strike out the words ''where said levies arc made,"
Amend section 4th by striking out the words "to collect or retain any amount over and above the sum allowed to publisher, for any legal advertisement," and to insert, in lieu thereof, the words '' to demand or retain any part of said rates as commissions, directly or indirectly."
Insert the word "ordinaries" before the word ''sheriffs," in the 3d line of the caption.
Strike out "sixty-five," in the rst section, and insert "seventy-five," and strike out "thirty-five" and insert "fifty."
Insert before the word "sheriff," in the 14th line of the Ist section, the word "ordinary."
Insert before the word ''sheriff," in the 3d line of the 2d section, the word ''ordinary."
Insert before the word "sheriff," in the 2d line of the 3d section, the word ''ordinary."
Insert before the word ''sheriff," in the 2d line of the 4th section, the word ''ordinary."
The same was further amended, on motion of Mr.

JouRNAL oF THE SENATE

Hodges, by inserting after the word ''newspaper," at the end of the 7th line of the 3d section, the words "in this State," so ,as to read "in any newspaper in this State."

On motion of Mr. Hawkins, the 3d section was further

amended by striking out the indefinite article ''a," and inS<!rting, in lieu thereof, the words "the largest," between the word "having" and the word ''general," in the 8th line.of said .section.

The report, as amegded, was agrf'ed to. The bill was read third time, and, on the question of its

passage, as amended, Mr. Lumpkin required the ayes and nays to be recorded.
Those who voted in the affirmative are, to-wit-Messrs.

Bower, Bryan, Cabaniss,
Cancllt~r,
Clifton, DuBose, DnncaJJ, llr.miltoa of the 21st,
Harrison.

Hollg;::s,
Holton, Howell, Hudson, Lumpkin, McDaai I, McLeod, Perry,

Preston, Russell, Staten, Stephens, TiRon of the 4th,
Troutman, ' i1 urner Wall. '

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

Cumming, Drake, Fain, Folks,
Ayes, 25.

Hawkins, Head, Holcombe,
Nays, ro.

Simmons, Tison of the 10th,
MR. PRESIDENT.

So the bill was passed, as amended, by a constitutional

majority, and on motion of Mr. Lumpkin ordered to be

transmitted to the House without delay.

The Senate, on motion of Mr. Holton, took up and con-

curred in a joint resolution from the House "Looking to

an early ailjournmen t of this session." The President appointed, as the committee on the part

of the Senate, Messrs. McDaniel, Cabaniss, Clements and

Hodges. The Senate, on motion, took up and concurred in the
House amendment to the bill of the Senate ''To prescribe the manner of fixing the compensation of jurors in all the

bcroBER 8, r879.

S59

counties of this State," said amendment being in the nature of a substitute for the Senate bill.
The Senate took up, as the roport of the Committee of the Whole, the bill of the House "To amend section 24 of an act establishing a public school system for the State, approved August 23d, I 873."
The report was agreed to. The bill was read the third time and passed, by a constitutional majority, there being ayes, 23 ; nays, o. The Senate took up, as the report of the Committee of the \Vhole, the bill of the House ''To amend section 4045 ofthe revised Code of 1873, by striking from the 3d 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 other competent 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 ot the widow, and for the hearing or trial of said objections." The report was agreed to. The bill was read the third time and passed, by a constitutional majority, there being ayes, 27; nays, 2. The Senate took up, as the report of the Committee of the Whole, the bill of the House "To repeal an act to apportion the road hands in the counties of Emanuel and ]ohnson, and for other purposes, approved February 27th, 1877, so far as the same applies to the county of Johnson." The report was agreed to. The bill was read the third time and passed, by a 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 "To authorize the granting ofthe writ of cettiorari in all appeal cases tried by a jury in the Justices' Courts of this State."
The report was agreed to.

JouRNAL OF THE SENATE
The bill was read the third time and passed, by a constitutional majority, there being ayes, 25; nays, 1.
The following bills of the House were read _the first time and referred to the Committee on Finance, to-wit :
A bill ''To authorize the registration of the bonds of this State, and for oth~r purposes," and
A bill "To carry into effect paragraphs 1 and 2, sec-
tion 7, article 7 of the Constitution."
Also a resolution "~1aking an appropriation to pay the expenses of the committee accompanying the remains of
the late Hon. J. C. Clements, of the county of Mont
gomery."
The bill of the House "To declare illegal, null and void all waivers ofthe general V.'arranty imposed on vendors of fertilizers and chemicals, and for other purposes," was read the first time and referred to the Committee on Agriculture.
The bill of the House "To enlarge the facilities lor education furnished by the University of Georgia, by creating a new school, to be a part thereof, and to be known as the Georgia State Normal College," was read the first time and referred to the Committee 0,1 Education.
The: bill of the House 'To provide for the compensation of auditors" was read the first time and referred to the Committee on the Judiciary.
The bill of the House "To incorporate the Augusta Savings Bank'' was read the second time and passed to a third reading.
The adverse reports of the committees, to which the following bills of the House were referred, were taken up, and, severally, agreed to, and the bills, therefore, lost, to-wit :
A bill "To amend section 4370 of the Code, defining the offense of shooting at another, and prescribing a penalty therefor."

OCTOBER 8, 1879

sdt

A bill ''To amend section 2573 of the Code of 1873," and
A bill "To alter and amend section 930 of the revised Code of 1873, which relates to the amount and conditions of tax collectors' bonds."
The following bills of the House were taken up, and, on motion, indefinitely postponed, 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 provide for the redemption of land sold for State and county taxes, and taxes due municipal corporations in this State, and for other purposes."
A bill ''To make it penal for tax collectors in this State to have and hold in their possession an amount of money belonging to this State, or any county, exceeding five thousand dollars, at any one time, and to prescribe a penalty therefor," and
A bill ''To forbid the sale, etc., of intoxicating drinks within two miles of election precincts on days of election, State, county or municipal, and to prescribe punishment for the same."
The following bills of the House were taken up, and, motion, laid on the table, to-wit :
A bill 'To regulate the manner of giving in wild land for taxation, and the sale and redemption thereof, and for other purposes."
A bill 'To provide for an appeal in all cases tried in a Justice's Court to juries in such courts, and in certain cases for appeals to the Superior Courts, carrying out paragraph 2, section 7. article 6, of the Constitution of 1877, and for other purposes," 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 ''To alter and amend section 4528 of the revised Code of Georgia, of 1873, in
36

562

JoURNAL OF THE SENATE

reference to carrying deadly weapons about the person tel 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 in this State, or their posses, acting in the discharge of their official duties."
The report was agreed to. The bill was read the third time, and, on the the ques-

tion of its passage, the ayes and nays were required to be recorded.

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

Bower, Bryan, Cabaniss, Candler, Clarke, Clifton,
DuBose, Duncan,

Folks, Hodges, Holcombe, Howell, 1\'IcDaniel, Preston, Russell,

Simmons, Staten, Stephens, Tison of the 4th,
Tison of the lOth, Troutman, Turner.

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

Cumming,
Drake,
Grantland, Grimes,

Hawkins, Head, Holton, Hudson,

Lumpkin, McLeod, Perry, Wall,

Ayes, 22. Nays, 12. So the bill, having failed to receive a constitutional ma-

jority, was lost. Mr. Preston gave notice of his iniention to move a

reconsideration of this bill. TheSenate, on motion, adjourned until 9 o'clock, a. m.,

to-morrow.

SENATE CHAMBER, } Thursday, October 9tlt, 1879, 9 o'clock, a. m, The Senate met pursuant to adjournment, the President in the chair. Prayer by the Chaplain. On the call of the roll, the following Senators answered to their names, to-wit:

Boyd, Bower, Bryan, Cabaniss, Candler, Clarke, Clements, Clifton, Cumming,
Drake, DuBose, Dnncan, Fain, Folks,

Grantland,
Grimes, Hamilton of the 21st, Harrison,
Hawkins, Head, Hodges, Holcombe, Holton, Howell, Hudson,
Lumpkin, .McDaniel,

McLeod, Perry, Preston, Russell, Simmons, StatPn, Stephens, Tison of the 4th; Tison of the lOth, Troutman, Turner, Wall,
MR. PRESIDENT

The journal was read and approved.

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

.ld"1. Presidmt : The House of Representatives has concurred in the
amendments of the Senate to the following bill of the House of Representatives, to-wit:

A bill ''To be entitled an act to establish the Middle Georgia Military and Agricultural College."

The House of Representatives has passed the following bills, to wit :
A bill "To be entitled an act to stay judgments in certain cases, and for other purposes."
Also a bill "To be entitled an act to appropriate money to pay the salary of the physician to the Penitentiary, for the fiscal years 1879 and 188o, and for other purposes."
Also a bill ''To be entitled an act to require all clerks of the Superior and City Courts to make immediate record of certain original papers filed in said courts, and to prescribe penalties for failure on the part of said clerks to comply with the requirements thereof."
The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof: Mr. President:
The House of Representatives has agreed to the follow-

JouRNAL OF THE SENAT~
ing resolution, in which they ask the concurrence of the
Senate, to-wit:
A resolution "Requesting the Governor to issue certain
fl. fas. ," and I am instructed to transmit the same to the
Senate forthwith. The House of Representatives has passed the following
bills, to-wit : A bill "To be entitled an act to extend the provisions of
an act relieving J. W. Grubbs, A. J. Inman and L. D.
Mathews, securities on the bond of R. C. Wimberly, tax collector of the county of Burke, approved February 28th, 1876, and for other purposes."
Also a bill "To be entitled an act to amend section 103 I of the Code of Georgia, of 1873, and to reduce the
' number of copies of the journals and public laws to be
publishedby the State printer." Also a bill "To be entitled an act fixing the license fees
for the sale of spirituous, intoxicating and malt liquors, in the county of Pierce and town of Blackshear, in said county, and for other purposes."
On motion of Mr. Preston, the following bill of the House was reconsidered, towit :
A bill ''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."
The rule was suspended, and the Senate took up the report of the Committee of the Whole on the foregoing reconsidered bill.
The report was agreed to. The bill was read the third time and passed, by a consti-
tutional majority, there beinr ayes, 28; nays, 7

OCTOBER 9 1879
Mr. Cabaniss moved to reconsider the action of the Senate in refusing, on yesterday, to pass the bill of the House "Prohibiting tax collectors in this State from having and holding, at any one time, a greater amount than
.Ss,ooo of the public moneys " This motion was with-
drawn by the mover. Mr. Cabaniss, chairman of the Finance Committee, and
Mr. McDaniel, chairman of the Committee on the Judiciary, made reports on several bills referred to their respective committees.
The Senate took up, as the special order for the morning, the bill of the House ''To be entitled an act to provide for the regulation of railroad freight and passenger
, tariffs, in this State ; to prevent unjust discrimination and
extortion in the rates charged for transportation of passengers and freights ; and to prohibit railmad companies, corporations and lessees in this State from charging other than just and reasonable rates, and to punish ~he same, and prescribe a mode of procedure and rules of evidence in relation thereto ; and to appoint commissioners, and to prescribe their powers and duties in relation to the same."
The Committee on Railroads reported a substitute therefor, of identical title with the original bill.
On motion of Mr. Hudson, the substitute was taken up by sections.
Section 1st was read. On motion of Mr. Hudson, the blank in said section was filled with ''three thousand five hundred." The Ist section, as amended, was adopted. The 2d section was read. On motion of Mr. Harrison, the blank in said 2d section was filled with "twelve hundred dollars." Mr. Holton moved that the 2d section, as amended, be stricken out. This motion did not prevail.
So the 2d section, as amended, was adopted.
The _ad section was read and adopted.

566

JOURNAL OF THE SENATE

The 4th section was read and adopted. The 5th section was read. On motion of Mr. Cumming, said section was amended by inserting after the word "from," in the 14th line of !'aid section, the words "or goes," so that it will rea"d "for carrying freight which comes from or goes beyond the boundaries of the Statt:," etc. On motion of Mr. Russell, the 5th section was further amended by adding after the word "same," in the 19th line thereof, the words "or different," and by adding the letter ''s" to the word ''railroad," where the same follows the words inserted. The 5th section, as amended, was adopted. The 6th section was read. On motion of Mr. Bower, said section was amended by striking out from the 1Ith and 1zth lines the words "city of Atlanta," and inserting, in lieu thereof, the words "cities of Atlanta, Augusta, Savannah, Macon, Albany, Columbus and Rome." The 6th section, as amended, was adopted. The 7th section was read. On motion of Mr. Harrison, said section was amended by striking out all between the word "with," in the 3d line thereof, and the conjunction ''and," where it last occurs in the 4th line, the words stricken being ''and said commissioners shall have full power and authority to call for and take full control of said books and papers." The 7th section was adopted, as amended. The 8th section was read and adopted. The 9th section was read. On motion of Mr. Clark, the same was amended by striking from the 7th line thereof the words ''assessed by the jury trying the case," and inserting, in lieu thereof, the words ''fixed by the judge presiding." The 9th section, as amended, was adopted. The 10th section was read.

OCTOBER g, I 879
On motion of Mr. Cumming, the same was amended by adding thereto the following provi<;o : "Provided, That all suits under this act shall be brought within twelve months after the commission of the alleged wrong or injury."
The 10th section, as amended, was adopted. The I I th section was read. On motion of Mr. Bower, the same was amended by inserting between the words "given" and ''shall," in the 4th line thereof, the words ''to the person injured." The I 1th section was adopted, as amended. The I 2th section was read and adopted. The I 3th section was read and adopted. The I 4th section was read. On motion of Mr. Bower, the same was amended by striking out the word ''amend," in the 2d line thereof, and inserting, in lieu thereof, the word "semi-annual." The 14th section, as amended, was adopted. The I 5th section was read. On motion of Mr. Harrison, the same was amended by inserting, after the word "prescribe," in the I 3th line thereof, the words ''and shall provide for the mileage and per diem of such witnesses." The I 5th section, as amended, was adopted. Ths I 6th and I 7th sections were, severally, read and adopted. On motion of Mr. Cabaniss, the Senate gave unanimous consent for the reconsideration of the I 5th section, for the purpose of amendment. Mr. Cabaniss then offered the followiug, which was adopted, in lieu of the amendment adopted to said I 5th section, to-wit: "Insert after the word "prescribe," in the 3d line of said section, the words ''and said witnesses shall receive for such attendance two dollars per day, and five cents per mile, traveled by the nearest route in going to and returning from the place of meeting of said commissioners, to be ordered paid by the Governor, upon presenta-

568

jOURNAL OF THE SENATE

tion of subpcenas, sworn to by the witnesses, as to the

number of days served and miles traveled, before the

clerk of said commissioners, who is hereby authorized to

administer oaths."

The 15th section, as amended, after reconsideration, was

adopted.

Mr. Hudson offered to amend the substitute by an addi-

tional section.

This motion did not prevail.

The substitute, as amended, was adopted, in lieu of the

original bill.

The report, as amended, was agreed to.

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

its passage, as amended, Me Russell called for the ''pre-

vious question."

The call was sustained, and the "main question" was

put.

On this, the ayes and nays were reg uired to be recorded.

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

Boyd, Bower, 'Jabaniss,
Candler, Clarke, Clements,
CliftO!I, Cumming, Drake, DuBose, Duncan,

Fain, Folks, Grantland,
Grimes, Hamilton of the 21st, Hawkins,
Hodges, Holcombt>, Howell, Hudson, Lumpkin,

McDaniel, McLeod, Perry, Preston, Russell, Stephens, Tison of the 4th, Tison of the lOth,
Troutman, Turner.

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

Bryan, Harrison,
Holton,

Simmons, Staten,

Wall, MR. PRESIDENT.

Ayes, 32 Nays, 7

So the bill was passed, as amended, by a constitutional

majority, and, on motion of Mr. Lumpkin, ordered to be

transmitted to the House without delay.

The following message was received from the House

of Representatives, through Mr. Goetchius, the Clerk

thereof:

OCTOBER g, I 879

Mr. Prest'dent: The House of Representatives has passed the following
bills, to-wit:

A bill "To be entitled an act to amend an act to render more efficient and economical the inspection and analysis of fertilizers, and to amend the law in relation to the inspection, analysis and sale of the same, approved February 26th, 1877, so as to reduce the salaries of inspectors of fertilizers," and I am instructed to transmit the same to the Senate immediately.

On motion of Mr. Clark, the bill of the House "To provide for the compen.;ation of creditors " was taken up and recommitted to the Judiciary Committee.

On motion of Mr. Cumming, the Senate took up, as the report of the Committee of the Whole, the bill of the House ''To incorporate the Augusta Savings Bank.'

[Mr. Hudson submitted to the Senate satisfactory evidence that notice had . been legally given of intention to apply for the passage of this bill.]

The report was agreed to.

The bill w,1s read the third time, and, on the question of its passage, the ayes and nays were recorded.
Those who voted in the affirmative are, to-wit-Messrs.

Boyd, Bryan, Cabaniss,
Candler, Clarke,
Clements, Clifton, Cumming, Drake, DuBose, Duncan, Fain,

Folks, Grantland, Grimes,
Ham:Jton of the 21st, Hawkius,
Hodges, Holcombe, Holton, Howell, Hudson, Lumpkin, McDaniel,

McLeod,

Perry,

Preston,

Simmous,

Staten,

Stephens.

Tison of the 4th,

Tison of the lOth,

Troutman,

Tur
MR.

nPe~rESIDENT.

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

Wall.
Ayes, 35. Nays, 1. So the bill was passed by a constitutional majority, and1

570

JouRNAL oF THE SENATE

on motion of Mr. Cumming, ordered to be transmitted to the House without delay.
On motion of Mr. Hodges, the bill of the House " To regulate and restrict the rate of interest in this State, and for other purposes," was read the second time and passed to a third reading.
The Senate took up, as the report of the Committee of the Whole, the bill of the House ''To incorporate the town of Thomasville, in this ::,tate; to grant certain privileges to the same, and to define its limits, approved March
3d, 1874" [Mr. Turner submitted to the Senate satisfactory evi-
dence that legal notice had been given of intention to apply for the passage of this bill.l
The report was agreed to. The bill was read the third and passed, by a constitu-
tional majority, there being ayes, 25; nays, a.
Leave of absence was granted Mr. Wall for Saturday next.
The Senate adjourned, on motion, until 334 o'clock, p.
m., this day. 3:30 o'cLOCK, P. M.
The Senate met pursuant to adjournment, the President in the chair.
The resolution from the House ''Providing that mileage be paid the members of the General Assembly, coming to and returning from the Capital, to attend the present adjourned session of the General Assembly, as is done at a regular session," was read the second time and passed to a third reading.
The bill of the House "To amend section 103 I of the Code of Georgia (of 1873), and to reduce the number of copies of the journals and public laws to be published by the State Printer," was read the first time and refPrred to the Committee on Public Printing.
The bill of the House "To require all clerks of the

OCTOBER 9 1879

571

Superior and City Courts to make immediate record of certain original papers filed in said courts, and to prescribe penalties for failure on the part of said clerks to comply with the requirements thereof," was read the first time and referred to the Judiciary Committee.
The bill of the House "To appropriate money to pay the salary of the physician to the Penitentiary, for the fiscal years I879 and I88o, and for other purposes," was read the first time and referred to the Committee on Finance.
The bill of the House "Fixing the license fees for the sale of intoxicating spirits and malt liquors in the county ofPierce and town of Blackshear, in said county, and for other purposes," was read the first time and referred to the Committee on Local and Special Bills.
Mr. Clarke, chairman of the Committee on Corporations, macle a report on certain bills, which was read.
Mr. DuBose, chairman of the Committee on Public Health, made a report on a certain bill, which was read.
Mr. Russell, chairman of the Committee on Enrollment, submitted the following report : Mr. President:
The Committee on Enrollment report as duly enrolled, and ready for the signature of the President of the Senate, the following act, to-wit :
An act ''To prescribe the manner of fixinf the compensation of jurors and bailiffs m all the counties of the State."
On motion of Mr. Lumpkin, leave of absence was granted Mr. Hodges for Saturday and Monday next.
The bill of the House ''To amend section 6r I of the Code of I873, and for other purposes," was read the second time, and, on motion of Mr. Folks, recommitted to the Judiciary Committee.
The bill of the House "To extend the provisions of an
act relieving J. W. Grubbs, A. G. Inman, S. J. Bell and

572

JouRNAL OF THE SENATE

L. D. Mathews, securities on the bond of R. C. Wimberly, tax collector of the county of Banks, approved February 28th, 1876, and for other purposes," was read the first time and referred to the Committee on Finance.
The bill of the House "To stay judgments, in certain cases, and for other purposes," was read the first time and referred to the Committee on the Judiciary.
The following Senate bills were read the second time and passed to a third reading, to-wit :
A bill "To incorporate the Darien Bank and Trust Company," and
A bill "To regulate the fees for receiving and collecting taxes where the offices of receiver and collector are consolidated."
A House joint resolution ''Making appropriation to pay H. J. G. Williams for making transcript of certain numerical land books," was read the second time and passed to a third reading.
The following bills of the House were taken up and lost, by agreement with the adverse reports of the several committees to which the same had been referred, to-wit:
A bill ''To prohibit contracts between railroads or other corporations of this State, or other States doing business in this State, by which damages, in cases of injury to employes thereof, are waived."
A bill "To amend section 279 of the Code of Georgia, in relation to the appointment of county judges."
A bill "To require section bosses and overseers on railroads to remove stock killed by railroad trains."
A bill "To provide a mode of proof of notice when made by publication."
A bill "To amend section 3540 of the revised Code of 1873."
A bill "To amend section 1435 of the revised Code in relation to compensation for takers-up of estrays."

0CT6RER 9 1879.

573

A bill "To amend the laws of this State in relation to the summary establishment of lost papers."
A bill "To prevent monopolies in the transportation of freight," etc.
A bill "To prevent the maintenance or carrying on of any lottery in this State."
A bill "To exempt locomotive engineers from jury duty."
A bill "To declare all deeds made under the wild land statutes of this State. (Senate bill.)
A bill ''To make it penal for defendants in .ft. fa. to
point out property not their own, in certain cases. (Senate bill.)
A bill "To provide for the assessment and collection of taxes on property not given in. (Senate bill.)
The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof: Mr. President :
The House of Representatives has passed the following bills, which I am instructed to transmit forthwith to the Senate, towit:
A bill "To be entitled an act to amend section 2844 of the Code of this State."
Also a bill "To be entitled an act to incorporate the Waycross and Florida Railroad Company."
The following bills of the House were read the second time and passed to a third reading, to-wit:
A bill "To create and organize a board of commissioners of roads and revenue for the county of Fulton, to define their powers, and for other purposes."
A bill ''To carry into effect paragraphs I and 2, section 7, article 7 of the Constitution ot 1877."
A bill ''To authorize the registration of the bonds of the State, and for other purposes."
A bill "To provide for the sale of property of a perisha-

574
ble nature, or that is liable to deteriorate in value from keeping, or that is attended with expense in keeping the
same, when levied on by tax ft. fas., orft. fas. from County
Courts."
A bill "To change and fix the time of holding the spring term of the Superior Court in the county of Milton, and for other purposes."
A bill "To change the time of holding the Superior Court in the county of Henry."
A bill "To amend an act to incorporate the Lawrenceville Branch Railroad Company, and for other purposes."
A bill "To incorporate the Mutual Insurance Company of Augusta."
A bill ''To repeal the acts creating and organizing county criminal courts for the counties of Bartow and Washington, and to provide for the transfer of the business pending in the said courts."
A bill "To alter and amend an act to authorize the sale of the Macon and Brunswick Railroad, and for other purposes."
A bill "To incorporate the Carnesville Railroad Company, and for other purposes."
A bill "To enlarge the facilities for education, furnished by the University of Georgia, by creating a new school, to be a part thereof, anJ to be known as the Georgia State Normal College."
A bill "To amend section 655 of the Code of 1873, by adding a provision allowing commissioners of public roads to resign after they have served two years, consecutively."
A bill "To create a board of commissioners of turnpike roads, in this State, and for other purposes."
A bill "To provide tor the compensation of the ordinary of Washington county, and for other purposes," and
A resolution "Making an appropriation to pay the expenses of the committee accompanying the remains of the
late Hon. J. C. Clements to the county of Montgomery." ..

S75

The Senate took up, as the report of the Committee of the Whole, the bill of the House ''Making appro-

priations for the payment of the expenses of the special committee on the investigation of the office of Principal

Keeper of the Penitentiary."

The report was agreed to.

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

its passage, the ayes and nays were recorded. Those voting in the affirmative are, to-wit-Messrs.

Bower,

Harrison,

Bryan,

Hawkins,

Candler,

Head,

Clarke,

Hodges,

Clements,

Holcombe,

Clifton,

Holton,

Drake,

Hnclson,

DuBose,

. Lumpkin,

Fain,

McDaniel,

Hamilton of the 21st, Preston,

Russell, Simmons, Staten. Stephens, Tison of the lOth, Troutman, Turner, Wall,
.!HR. PRESIDENT.

Ayes, 29. Nays, o. So the bill was passed by a constitutional majority. The~Senate took up, as the report of the Committee ofthe

Whole, the bill of the House 'To reduce the bond of the
sheriff of vVayne county, in this State, and for other pur-

poses." The report was agreed to. The bill was read the third time and passed, b:y a con-
stitutional majority, there being ayes, 23 ; nays, o. The Senate took 1~p, as the report of the Committee of

the Whole, the bill of the House "To declare the Toccoa river a navigable stream for certain purposes."

The report was agreed to. The bill was read the third time and passed, by a constitutional majority, there being ayes, 25 ; nays, o.

The Senate took up, as the report of the Committee of
the Whole, the bill "To amend an act to consolidate,
amend and codify the various acts incorporating the city

of Forsyth, in the county of Monroe, and the various acts amendatory thereof, approved March 5th, 1875, so as to

JouRNAL OF ~HE SENATE

allow the mayor and aldermen to levy and collect a tax ort

all professions, business and callings carried on in said

city."

-

The same was amended, on motion of Mr. Cabaniss, by adding the following to the caption : ''And to separate the offices of clerk and treasurer of said city."
Also to amend by adding a section to the bill, to be designated as ''section 3"
The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a 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 "To alter and amend the road laws of this State, so far as relates to the county of Fulton, and for other purposes." The same was amended by striking from the first. sec tion the words ''three-fourths of a mile," and inserting, in lieu, thereof, the words ''one mile." The report, as amended, was agreed to. The bill was read the third time and passed, as amended,
by a constitutional majority, there being ayes, zs; nays, o.
Mr. Russell offered the following resolution, which, under the rules, was laid over for a day: "Resolv.:d, That during the remainder of this session no Senator shall be allowed to speak on any subject longer than ten minutes, and that this time shall in no case be extended."
On motion of Mr. Grantland, the bill of the House "To establish State depositories in the cities of Atlanta, Athens, Augusta, Columbus, Macon, Savannah, Rome, Americus, Albany, Gainesville, Hawkipsville, Griffin and LaGrange, and to prescribe their duties and liabilities," was made the

special order for I 2 o'clock, m., to-morrow. The joint resolution from the House 'Requesting the
Governor to issue cntain.ft.fas.," was read the first time and made the special order for to-morrow, immediately

after the reading of the journal.

6cToBER 10, 1879.

577

The Senate, on motion, adjourned until 9 o'clock, a. m., to-morrow.

SENATE CHAMBER, } Friday, October IOt!t, 1879, 9 o'clock, a. m.

The Senate met pursuant to adjournment, the President

in the chair. Prayer by the Chaplain.

On the call of the roll, the following Senators answered

to their names, to-wit :

Boyd, Bo.wer
Bryan,' Cabaniss,
Candler, Clarke, Clements, Clifton, Cumming, Drake,
DuBose, Duncan, Fain,
Folks,

Grantland, Grime8,
Hamilton of the 21st, Harri <on,
Hawkins,
Head, Hodges, Holcombe, Holton, Howell,
Huclso.~,
Lnmp<un, McDaniel,
McLec.d,

Perry, Preston, Hussell, Simmons, Htaten, Stephens, Tison of the 4th, Tison of the 10th, Troutman, Turner, Wall, Wellborn,
MR. PHESIDENT.

The journal was read and approved.

Mr. Simmons moved to reconsider the bill of the House,

passed yesterday, which is a bill "To make Toccoa river

navigable for certain purposes." The motion to reconsider

prevailed, and the bill was taken up for final action, under

a suspension of the rules.

[Mr. Simmons submitted to the Senate satisfactory evi-

dence that legal notice had been given of intention to
apply for the passage of this bill. J
The report was agreed to.

The bill was read the third time and passed, by a constitutional majority, there being ayes, 25 ; nays, o.

On motion of Mr. Perry, the Senate reconsidered its

agreement with the adverse report of the Judiciary Com-

mittee on the bill of the House "To amend section 279 of

the Code of Georgia, in relation to the appointment of

37

jOURNAL OF THE SENATE

county judge'>." On his motion, said bill was taken up, under a suspension of the rule, the adverse report of the Judiciary Committee was disagreed to, and the bill recommitted to said committee.

On motion of Mr. Hudson, the rule was suspended, and the House joint resolution "Providing that mileage be paid the members of the General Assembly, coming to and returning from the Capital to attend the present adjourned session of the General A.;sembly, as is done at a regular session," was taken up and read the third time. On the question of concurring in the same, the ayes and nays were required to be recorded.

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

Boyd, Cab1miss, Clarke, Uliflon, Cumming, Drake, Folks, Grimes, Hamilton of the 21st, Harrison,

Hawkins, Head, Ho Jeres Holton; Howell, Hudson, Lumpkin, lVlcDaniel, McLeod, Perry,

Preston, Russell, Staten, Tison ot the 4th, Tison of the lOth, Trou\man, Turner, Wall,
MR. PRESIDENT.

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

Bower, Bryan, UancUer,
Clements,

Duncan, Fain, Grantland,
Holcombe,

Simmons. Stephens, Wellborn.

Ayes, 29. Nays, I I. So the resolution was concurred in, and, on motion, ordered to be transmitted to the House without -delay. The Senate took up for consideration the House joint
resolution ''Requesting the Governor to issue certain fi.
fas.," the same being the special order for this morning. Mr. Russell offered a substitute therefor. On motion of Mr. Hudson, the original anJ proposed
substitutes were referred to a special committee of seven, to be appointed by the President, with instructions to report to the Senate thereon, by I I o'clock, a. m., this day.
The President appointed as said committee, Messrs.

OCTOBER 10, IB79

Russell, McDaniel, Cabaniss, Cumming, Perry, Lumpkin

and Hudson.

Mr. Stephens offered the following privileged resolution,

which was read and agreed to, to-wit:

"Resolved, That the Hon. Columbus Heard be invited

to a seat on the floor of the Senate during his stay in this

city."

The Senate, on motion of Mr. Hodges, took up, as the

report of the Committee of the Whole, the bill of the

House ''To regulate and restrict the rate of interest in

this, State, and for other purposes."

The report 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.

Boyd, Bryan, Cabaniss, Clements, Clifton, Drake,
DuBose, Duncan,

Fain, Folks, Hamilton of the 21st, Hawkins, Horlges, Holcombe,
Holton, McLeod,

Perry, Hussell, Simmons,
Staten, Tioon of the 10th, Wall,
Wellborn.

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

Bower, Candler, Clarke, Cumming,
Grantland, Grim eM,

Harrison, Hercd, Howell, Lumpkin,
:McDaniel, Preston,

Stepllens, 'l'iwn of the 4th, Troutman,
Turner, Jltln. PRESIDE~T.

Ayes, 23. Nays, 17.

So the bill was passed by a constitutional majority.

Mr. Howell gave notice that he should move a reconsid-

eration of this hill.

The Senate, on motion of Mr. Hodges, took up, as the

report of the Committee of the Whole, the bill of the

House "To incorporate the Carnesville Railroad Company,

and for other purposes."

[Mr. Hodges submitted to the Senate satisfactory evi-

dence that notice of intention to apply for the passage of
J this bill had been given, in compliance with law.

sso

JouRNAL OF THE SENAT~

The same was amended by striking out of tht 9th and 10th lines of the 2d section the words at West Bowers. ville, in said county," and inserting, in lieu thereof, the words '' at or near Bowersville, in the county of Hart."
Also by striking out the word "West," from the 12th line of said section.
Also amend the 4th section by adding the following as a proviso: " Provzded. That such prospective value shall, in no case, be so construed as to prevent the party whose land is taken from recovering the actual value of the land so taken."
The report1 as amended, was agreed to.
The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 24; nays, o.
The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof:
Mr. President: The House of Representatives has passed the following
bill, to-wit: A bill "To be entitled an act to constitute the lessees of
the Macon and Brunswick Railroad, in the event said road is leased, agents for the State, for certain purposes therein named, and for other purposes."
The House has passed the following bills, which I am instructed to transmit to the Senate forthwith:
A bill "To be entitled an act to provide for a uniform assessment of railroad property in this State, and for the collection and return of taxes thereon."
Also a bill ''To be entitled an act to amend an act to establish a department of agriculture for the State of Georgia, approved Februa1y 24th, I 874."
Also a bill "To be entitled an act to amend the act in corporating the city of Rome, and the general acts amenda tory thereof, and for other purposes.
Also a bill "To be entitled an act to incorporate the

OcTOBER 10, 1879.

S8I

Rome Street and City Park Railroad Company, and for other purposes.''
The House has also pa~sed the following bill, to-wit:
A bill "To be entitled an act to change the time of holding the Superior Court, in the county of Washington."
The House has also passed the following bill, which I am instructed to transmit forthwith to the Senate, to-wit:
A bill ''To be entitled an act to amend an act charter ing the Board of Trustees of Mt. Vern on Institute, and incorporating the town of Riddleville, in Washington county, Georgia, approved December 17th, 1859, and creating a new board of commissioners, giving them cer tain privilege, etc., and for other purposes."
The following message was received from House of Representatives, through Mr. Goetchius, the Clerk thereof: Mr. President :
The House of Representatives has passed the following bills, to-wit :
A bill "To be entitled an act to repeal an act approved February 27th, 1877, entitled an act to repeal an act to create a County Court in each county of this State, except certain counties therein named, approved January 19th, 1872, so far as the same applies to the county of Dodge, and to abolish the county Court of ~odge county."
Also a bill "To be entitled an act to authorize the clerk of the Superior Court of Chatham county, and the clerk of the City Court of Savannah, to require a deposit for payment of costs, and for other purposes."
The House has agreed to the following resolution, in which its asks the concurrence of the Senate, to-wit :
A resolution ''Of instructions to the Comptroller-General."
The following bills of the House wete read the second time and passed to a third reading. to-wit:
A bill "To prohibit the making or selling of any spirit uous liquors within two miles of any church or place of

JouRNAL OF THE SENATE

worship in Sheffield district, in Rockdale county, of this State."

A bill "To amend section qr6 of the Code of 1873 which relates to and regulates the practice of dentistry," and

A bill ''To authorize and require the Governor to fur-

nish the counties whose court houses have been burned

certain copies of the Supreme Court reports, of this State,

Code of Georgia, and standard weights and measures,

where the same have been destroyed."

The bill of the House "To amend sections 2842 and

2844 of the Code of this State," was read the first time

and referred to the Committee on the Judiciary.

The bill of the House ''To incorporate the Waycross

and Florida Railroad Company," was read the first time

and referred to the Committee on Railroads.

The bill of the House "To amend an act to render more

efficient and economical the inspection and analysis and

sale of fertilizers, and for other purposes," was read the

first time and referred to the Committee on Agriculture.

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

the Whole, the bill of the Senate ''To incorporate the

Darien Bank and Trust Company."

The same was amended by striking vut of section I all

of said section, after and including the words ''and may

charge and receive," down to and including the words "by

the parties." 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 recorded. Those who voted in the affimrative are, to-wit-Messrs.

Boyd, Bower, Bryan. Candler, Clements,
Clifton, Drake,

Grimes, Hawkins, Head, Hod.res Holc"ot:r{be,
Eolton, Howell,

Simmons, Staten, Stephens, Tison of the 4th, Tison of the 10th1
Troutman, Turner,

OCTOBER 10, 1879

Duncan, Folks, Grantland,

McLeod, Preston,

Wall, 'Wellborn.

Ayes, 28. Nays, o.

So the bill was passed by a constitutional majority.

The following message was received from the House

of Representatives, through Mr. Goetchius, the Clerk

thereof:

Mr. President :

The House of Representatives has passed the following

bill of ~he Senate, to-wit:

A bill "To be entitled an act to define the jurisdiction,

powers, and proceedings of every county court, and of the

judge thereof, and the qualification and appointment of such

judge, and the force and effect of the process, judgment

and degree of such court, so as, in regard to such courts

and judges to establish that uniformity required by para-

graph 1, of section 9, of article 6 of the Constitution,"

with amendments, in which they ask the concurrence of

the Senate, and I am instructed to transmit the same to the

Senate forthwith.

On motion of Mr. Clarke, the amendments of the House

to the bill of the Senate, mentioned in the foregoing mes-

sage, were taken up, and concurred in.

The bill of the House 'To repeal the acts creating and

organizing county criminal courts for the counties of Bar-

tow and Washington, and to provide for the transfer of the

business now pending tberein," was, on motion, laid on

the table for the present.

On motion of Mr. Hawkins, the report of the committee

on the foregoing bill, was taken up.

The Judiciary Committee reported an amendment, in the

nature of a substitute.

The substitute was not adopted.

The report was agreed to.

The bill was read the third time and passed, by a consti-

tutional majority of ayes, 23 ; nays, o.

] OURNAL OF THE SENATE
The Senate took up, as the report of the Committee of the Whole, the bill of the Senate "To regulate and fix the compensation for receiving tax returns, and collecting tax, where, by law, both the offices of tax receiver and tax collector are consolidated."
The report was agreed to. The bill was read the third time and passed, by a constitutional majority, there being ayes, 23; nays, o. Mr. Russell, chairman of the special committee to whom was referred the resolution of the House, in regard
to the issuing of certain .ft. fas. against the Treasurer,
asked until 3:30 o'clock, p. m., this day, to make report thereon, which request was granted.
Mr. McDaniel, chairman of the Judiciary Committee, made a report on certain bills of the House.
Also made report, as chairman on the part of the Senate of the joint committee on the subject of an early adjournment, which was read.
On motion of Mr. Grantland, the special oruer for I z, m.' this day, was made the special order for to-morrow, at I I o'clock, a. m., the same being a bill of the House "To establish State depositories in certain cities of this State."
On motion of Mr. Clarke, the bill of the House ''To provide for the compensation of auditors," was taken up, read the second time, and passed to a third reading.
On motion of Mr. Hawkins, the following bills of the House were read the first time and referred to the Committee on Corporations, to-wit :
A bill ''To amend the act incorporating the city of Rome, and the several acts amendatory thereof, and for other purposes," and
A bill "To incorporate the Rome Street and City Park Railroad Company, and for other purposes."
The Senate took up, as the report of the Committee of the Whole, the bill of the House "To authorize the regis tration of the bonds of this State, and for other purposes."

OcTOBER ro, r879.
The report was agreed to. The bill was read the third time and passed, by a consti tutional 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 "To provide for the sale of property of a perishable nature, or that is liable to deteriorate in value from keeping, or that is attended with
expense in keeping the same, when levied on by tax .ft. fas., or .ft. fas. from County Courts."
The report was agreed to. The bill was read the third time and passed, by a constitutional majority, there being ayes, 25; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill of the House "To amend an act to incorporate the Lawrenceville Branch Railroad Company, and.for other purposes." The report was agreed to. The bill was read the third time and passed, by a 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' 'To amend section 665 of the Code of 1873, by adding a proviso allowing commissioners of public roads to resign after they have served two years, consecutively." The report was agreed to. The bill was read the third time and passed, by a constitutional majority, there being ayes, 23; nays, o. The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof: Mr. Preszdmt : The House of Representatives has :1.dopted a resolution to adjourn the General Assembly sine die, and I am instructed to transmit the same to the Senate forthwith. The House has also concurred in certain amendments of the Senate to the following bill of the House, to-wit : A bill "To be entitled an act to regulate the rates and

5s6

JOURNAL OF THE SENATE

manner of legal advertising in this State, and to prohibit sheriffs, coroners, clerks, marshals, or other officers from receiving or collecting, either from plaintiffs or defendants, other or greater fees than herein provided, and making a disregard of the requirements of this act, extortion, and prescribing the punishment therefor," and refuses to concur in the Senate amendment to the rst section, striking out ''thirty-five" and inserting 'fifty," and I am instructed to transmit to the Senate the action of the House thereon forthwith.
The Senate took up, as the report ofthe Committee of the Whole, the bill of the House "To change the time of holding the Superior Court in the county of Henry."
The report wa::. agreed to.
The bill was read the third time and passed, by a constitutional 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 ''To change and fix the spring term of the Superior Court in the county of Milton, and for other purposes.
The report was agreed to.
The bill was read the third time and passed, by a 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 ''To incorporate the Mutual Insurance Company of Augusta."
The report was agreed to. The bill was read the third time and passed, by a constitutional majority of ayes, 23; nays, o. The Senate took up, as the report of the Committee of the Who!e, the bill of the House "To provide for the compensation of the ordinary of Washington county, and tor other purposes." The report was agreed to. The bill was read the third time, and, on the question of

OcTOBER 10, 1879.

its passage, the ayes and nays were required to be re-

corded.

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

Boyd,
Bower, Bryan, Candler, Clarke, Clements,
Clifton, DuBose, Duncan,

Fain,
F >lks, Hamilton of the 21st, Harrison, Hawkins, Heat!,
Hodges, Howell, McLeod,

Preston,
Simmons, Staten, Stephens. Tison of the 4th, Tison of the 10th,
Troutman, Wall, Wellborn.

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

Drake,

Holcombe,

Holton.

Ayes, 27. Nays, 3

So the bill was passed by a constitutional majority.

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

the Whole, the bill of the House "To create a board of

commissioners of turnpike roads in this State, and for

other purposes."

The report 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, towit-Messrs.

Bryan, Candler, Clarke, Clifton, Drake, DuBose, Duncan, Fain, Folks,
Grantland,

Grimes, Hamilton of the 21st,
Hanison, Hawldns,
Head, Holcombe, Holton, Howdl, 1\lcLcocl,
Preston,

Simmons, Staten Stephe'ns,
Tison of the 4th,
Tison of the lOth, Troutman, Tnrncr, Wall, Wellborn.

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

Bower,

Clements.

Ayes, 29. Nays, 2 So the bill wa-; pw>ej by a co:-~stitutional majority.

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

the Whole, the bill of the House "To carry into effect

paragraphs I and 2, sectiot'l 7, article 7 of the Constitution of 1877."

The report was agreed to.

sss

JoURNAL OF THE SENATE

The bill was read the third time and pao;;sed, by a con-

stitutional majority, there being- ayes, 26; nays, o.

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

the Whole, the bill of the House "To enlarge the facili-

ties for education furnished by the University of Georgia,

by creating a new school, to be a part of the University,

and to be known as the Georgia State Nonnal College."

The report was agreed to.

The bill WJ.s 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.

Boyd, Bower,
Bryan, Cabaniss, Candler, Clarke,
Clements, Cumming, Drake,
DuBose,

Duncan, Folks,
Grantland, Grimes, Harrison, Hawkins,
Head, Hodges, Holton,
Howell,

Hudson, Lumpkin,
McDaniel, Perry, Preston, Russell,
Tison of the 4th, Troutman, Turner,
Wellborn.

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

Hamilton of the 21st, Simmons,

Holcombe,

Staten,

Stephens.

Ayes, 30. Nays, 5

So the bill was passed by a constitutional majority.

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

the \Vhole, the bill of the House ''To cre1te and organize

a board ot commissioners of road..; and revenue for the

county of Fulton; to define their powers, and for other

purposes."

The same was amended by striking out all in the 1st

section of the bill after the words '' five persons," in the

7th line thereof, and inserting, in lieu of the same, the

following: ''To be elected by the qualified voters of Ful-

ton countr; said election to be held for the selection of

the first board of commissioners at times and places

designated by law for the next election of county officers

for said county. The four candidates at said election re-

ceiving the largest number of the legal and qualified votes

bcrOBER I 6, 1S7~
to be declared elected for the term of four years. The returns of said election, and all subsequent elections for the same, to be made under the same rules and regulations as are:now prescribed by law for the election of county officers; said persons so elected to be commissioned for the terin of four years, in the same way that ordinaries of this State are now commissioned. That there shall be an election every four years, to elect successors to said board, as elected at the first election, under the same rules and regulations as are prescribed for the election of the first board."
Amend further by striking out all in the zd section, except the last clause, which says: "No person is eligible, etc." Strike from the 3d line of the gth section the words "the passage of this act," and the word '' appointed," in the 4th line, and insert the words ''election of said commissioners," so that the section will read ''first Monday after the election of said commissioners, as provided herein, they shall meet," etc.
The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 25; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill of the House ''To alter and amend an act "To authorize the sale of the Macon and Brunswick Railroad, and for other purposes." The same was amended as follows: Insert after the word "the," in the zd line of the caption, the words "lease or." Insert after the word ''approval," in the last line of the caption, the word and figure ''September 3." Amend 1st section by striking out the word "the" from the 17th line, and inserting the word ''said." Also by striking out from the same line the words "leasin<0r or," and inserting the word "as." Amend the 3d section by inserting the word "recognized" before the word "bond," in the 7th line thereof.

jouRNAL OF THE SENATE

Amend by striking out the 4th section.

The report, as amended, was agreed to.

The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 25 ; nays, 2.

The Senate took up, for concurrence, the House joint
resolution "Making appropriation to pay H. J. G. Wil-
liams for making transcript of certain numerical land

books."

On the question of concurring therein, the ayes and nays

were recorded.

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

JllJwer, Bryan, Candler, Clarke,
Clements, Clifton, Drake, DuBose, Duncan,

Folks, Grantland, Hamilton of the 21st, Harrison,
Hawkins, Hodges, Holton, l!owell, :McLeod,

Preston, Simmons,
Staten, Tison of tbe 4th, Tison of the 10tll, Troutman, Turner Wall. '

Ayes, 26. Nays, o.

So the resolution was concurred in by a constitutional

majority.

The Senate took up, for the third reading, the House

joint resolution "Making an appropriation to pay the ex-

penses of the committee accompanying the remains of the
late Hon. J. C. Clements to the county of Montgomery."

The same was read the third time, and, on the question

of concurring therein, the ayes and nays were recorded.

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

Boyd, Bower, Bryan, Clarke, Clements, Clifton, Drake, DnBose, Duncan, Fain, Folks,
Ayes, 31.

G rantlaud, GHarmimilets~n of tlle 21st, Harrison, Jlawkins, Ho(1ges, Holcombe, Jlolton, Howell, .l\LcLeod,
Nays, o.

Preston, Simmons, Staten, Stephens, Tison of the 4th, Tison of the 10th, Troutman, Turner Wall,'
Wellborn .

So the resolution was concurred in by a constitutional

majority.
3Yz The Senate adjourned, on motion, until o'clock, p.

m., this day.

3:30 o'CLOCK, P. M.

The Senate met pursuant to adjourn_ment, the President

in the chair.

The adverse reports of committees, to whom the follow-

ng bills of the House were referred, were taken up and

agreed to, and the bills were, therefore, lost, to-wit :

A bill ''To repeal section 191 of the revised Code in

relation to the pay of members of the General Assembly

who die without having received their pay."

A bill "To require all clerks of the Superior Courts and

City Courts to record certain original papers."

A bill "To amend section 3036 of the Code of I 873,

authorizing employes to recover from injuries done them

by other employes," and

A bill "Prescribing the manner in which county lines

may be changed in this State."

Mr. Turner, chairman of the Committee on . the Peni-

tentiary, made a report on a certain bill, which was read.

Mr. Cabaniss, chairman of the Committee on Finance,

made a report on cerain bills.

The following bills of the House were read the second

time and passed to a third reading, to-wit:

A bill ''To require the judges of the Superior Courts in

counties in which any convict camps are located, to give

in charge to the grand juries all laws relating to the peni-

tentiary convicts, and conferring on said grand juries certain

powers and imposing certain duties upon them," etc., and

A bill "To regulate the practice in the Supreme Court

of this State."



Mr. Russell, chairman of the Special Committee of

seven, appointed to consider and report upon the House

joint resolution ''Requesting the Governor to issue cer-

59~

JouRNAL oF THE SENATg

tain .ft. fas. ," and a substitute therefor, by Mr. Rusself,

made the following majority report, the same being in the

nature of an additional paragraph, at the close of the

original House resolution, to-wit :

Resolved, furtlzer, That, in adopting this preamble and

resolution, it is not the intention of the General Assembly

to reflect upon the judgment of the Court of Impeachment

in which, by a majority of the Senate, the sa~d John W.

Renfroe was acquitted, under constitutional forms, requir-

ing a two-thirds vote to convict ; nor is it intended to

reflect upon any Senator who voted for his acquittal.

Mr. Lumpkin offered the following minority report,

to-wit :

''I hereby recomm ~nd the adoption of the House resolu-

tion, without amendment:

(Signed)

SAMUEL LuMPKIN.

Messrs. Cumming and Cabaniss offered the following

minority report, to-wit:

vVhereas, Evidence taken by a committee of the House

of Representatives, charged with investigating the official

conduct of Han. John vV. Henfroe, State Treasurer, a part

of which evidence was the statement of the Treasurer him-

self, shows that the said John W. Renfroe, and John W.

Murphy, V. R. Tummey and B. J. Wilson, sureties on

the official bond of said Treasurer, received, to their own

use, sums, in the aggregate, amounting to - - dollars, or

other large S<.Jms, the same being paid them by certain

banks in the city of Atlanta, as interest on the deposits

of the State's money in said banks during the years of I876,

1877 and of 1878. prior to November; and,

Whereas. The trial of said John vV. Renfroe, Treasurer,

on articles preferred by the House of Representatives, set-

tled no questions involved in the facts above, except the

acquittal ol the said John W. Renfroe of said articles ;

and,

Whereas, All members of the House, by their votes on

OCTOBER II, IS79
the question of impeachment, and all members of the Sen- ate, by their votes in the impeachment trial, have already put on record their opinions as to the guilt or innocence oft he said John W. Renfroe, in which record it appears that a large majority of the House, and a majority of the Senate, less than two-tnirds, considered him guilty, and a small majority of the House, and a minority of the Senate -more than one-third-considered him not guilty ; and,
Whereas, There remains nothing to be done by the General Assembly concerning and about the facts above reeited, except to protect the interest of the State in the premises ; therefore be it
Resolved, That His Excellency, the Governor, be, and he hereby is, requested to institute proper legal proceedings to ascertain what sums are due to the State by the said John W. Renfroe and his sureties, or any of them, on account of the above recited facts, and to recover the same for the State.
On motion of Mr. Cumming, the minority report offered by Messrs. Cabaniss and Cumming was first taken up for action. Pending discussion thereon, the Senate adjourned, on motion, until 9 o'clock, a. m., to morrow.

SENATE CHAMBER, } Saturday, October I I tit, 1879, 9 o'clock, a. m.

The Senate met pursuant to adjournment, the President in the chair.
Pray~~ by the Chaplain.

On the call of the roll, the following Senators answered

to their namP.s, to-wit :

Boyd, Bower, Bryan, Cabaniss, Candler, Clarke, Clements,
38

Grantland,
Grimes,
Hamilton of the 21st, Hanison, Hawkins Head, '
Holcombe,

Perry, Preston,
Russell, 8imm<>ns, Staten, Stephens, Tison of the 4th,

S94

}OURNAL OF THE SENATE

Clifton, Cumming, Drake, DuBose, Duncan, Fain, Folks,

Holton. Howell, Hudson, Lumpkin, McDaniel,
McLeod,

Tison of the 10tb1 Troutman, Turner, Wall, Wellborn,
MR. PRESIDENT.

The journal was read and approved.

Mr. Howell moved a reconsideration of so much of the

journal of yesterday as relates to the passage of the bill of the House ''To regulate ctnd restrict the rate of interest in

this State, and for other purposes."

Mr. Wellborn moved to lay the motion to reconsider on

the table. Oa this propo:;ition the ayes and nays were required

to be recorded.

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

Boyd, Bryan, Cabaniss, Clements, Clifton, Drake,
Duncan,

Fain, Folks, Hamilton of the 21st, Hawkins, Hlcombe, Holton,
McLeod,

Perry, Simmons, Staten, Tiso1 of the lOth, Wall, Wellborn.

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

Bower, Clarke, Cumming, DuBose, Grantland, Grimes,

Harrison, Heacl, Howell, Hudson, Lumpkin, McDaniel,

Preston,
Russell, Stephens, Troutman, Mu. PRESIDENT.

Ayes, 20. Nays, 17.

So the motion to lay the motion to reconsider on the

table prevailed. On motion of Mr. Cumming, so much of the jo~'rnal of
yesterday was reconsidered a~ relates to the agreement of

the Senate with the adverse report of the Judiciary Com-

mittee on the bill of the House "To require all clerks of

City and Superior Courts to record certain original papers

at once." Mr. Holton moved a suspension of the rules for the

purpose of taking up the House joint resolution on the.

subject of adjournment of the General Assembly. This motion did not prevail.
Leave of absence, on motion of Mr. Stephens, was granted Mr. Casey on account of personal indisposition.
Leave of absence, after Monday n~xt, was granted Mr. Staten.
Mr. Cabaniss, chairman of the Finance Committee, made a report on certain bills.
Mr. Bower, chairman of the Special Committee to whom were referred certain bills relating to the management of the Stare convicts, reported a substitute therefor.
Mr. Lumpkin, chairman of the Committee on Railroads, and Mr. McDaniel, chairman of the ] udiciary Committee, made reports on bills referred to their respective committees.
The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof: Mr. President :
The House of Representatives has passed the following bills, of the Senate, to-wit:
A bill "To be entitled an act to amend section 1646 of the Code of Georgia, in reference to the fees of SolicitorsGeneral."
The House has concurred in the amendments of the Senate to the following bills of the House, to-wit:
A bill ''To be entitled an act to incorporate the Skidaway Narrows Canal Company, and to grant certain privileges therein named."
Also a bill "To be entitled an act to alter and amend the road laws of this State, so far as relates to the county of Fulton, and for other purposes.
Also a bill ''To be entitled an act to amend an act to consolidate, amend and codify the various acts incorporating the city of Forsyth, in the county of Monroe, and the various acts amendatory thereof, approved March 5th, 1875, so as to allow the mayor 1nd aldermen to levy and

JouRNAL oF tHE SENAT
collect a tax on all professions, business and callings cal' ricd on in said city."
Also a bill "To be entitled an act to provide for the incorporation of colleges, libraries, and other literary, charitable or social organizations, which have no capitol stock, and which are not organized for individual pecuniary gain."
The House has concurred in the amendment of the Senate to the following resolution of the House, to-wit:
A resolution "Providing that mileage be paid the members of the Gener:tl Assemby coming to and returning from the Capital, to attend thqxesent adjourned session of the Gener::tl Assembly, as is done at a regular session."
The Hou:;e has concurred in the amendment of the Senate to the following bill of the House, to-wit:
A bill ''To be entitied an act to make it a felony for the president and directors, or other officers of any bank, loan and trust company, or other company incorporated by the laws of this State, or doing business in this State, or of any private bank or other company, incorporated or unincorporated, or for any individual or i11dividuals doing a banking business in this State, or a business in which money is received on general deposit, to fail to repay to the depositor, or the person entitled thereto, within three days after demand therefor, any money deposited in the bank, loan and trust company, or other company, incorporated or unincorporated, or with such individual or individuals, being at the time of receiving such deposit insolvent, and to provide for the punishment therefor."
The bill of the House "To repeal an act, approved Feb ruary 27th, 1877, entitled an act to repeal an act to create a County Court in each county of this State, except certain counties therein named, approved January Igth, 1872, so far as the same applies to the county of Dodge, and to abolish the County Court of Dodge county," was read the first time and referred to the Committee on the Judiciary.

OCTOBER I I, I879

597

The bill of the House "To appropriate money to defray the contingent expenses of the House and Senate, for the present adjourned session," was read the second time and passed to a third reading.
The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof:
Mr. Preszdcnt : The House of Representatives has adoped and passed
the substitute of the Senate for the following bill of the House, to-wit :
A bill ''To be entitled an act to provide for the regulation of railroad.freights and passenger tariffs in this State; to prevent unjust discrimination and extortion in the rates charged for transportation of passengers and freights, and for other purposes," with amendments thereto, in which they ask the concurrence of the Senate, and I am instructed to transmit the same to the Senate forthwith.
The Senate took up the unfinished business of yesterday, to-wit: the joint resolution of the House' 'Requesting the Governor to issue certain fl. fas.," and the majority and minority reports thereon, submitted yesterday by the rna jority and minority of the special committee of seven, to whom the same was referred, the minority report offered by Messrs. Cabaniss and Cumming being first in order for action, the same having been spread in full on the journal of yesterday.
Mr. Holcombe, after discussion, called for the ''previous que5tion," which call was not sustained by the Senate.
After further discussion thereon, Mr. Holton called for the "previous question."
The call was sustained, and the "main question" was put, to-wit :
I st. The minority report offered by Messrs. Cabaniss and Cumming, as a substitute for the majority report.
On this proposition, Mr. Cumming required tne ayes and nays to be recorded.

JOURNAL OF THE SENATE

Those voting in the affirmative are, to-wit-Messrs.

Boyd,
B!yan, Cabaniss, Clements, Cumming,
DuBose,

Fain,
Hamilton of the 21st, Harrison, Hawkins, Howell,
McLeod,

Preston,
Tison of the lOth, Troutman, Turner Wall, '
Wdlborn.

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

Bower, Candler, Clarke, Clifton,
Drake, Duncan, Folks, Grantland,

Grimes, Head, Holcombe, Holton,
Hudson, Lumpkin, McDaniel,

Perry, Russell, Simmons, Staten,
Rtephens, Tison of the 4th, MR. PRESIDENT.

Ayes, 18. Nays, 22.

So the substitute was not adopted.

The question recurring on the resolution of the House,

as proposed to be amended by the majority of the special

committee to whom the same was referred, the Senate, on

motion of Mr. \Vellborn, ordered that the question be

divided, and that the vote be taken on the several divisions

thereof, as herein stated:

Ist. The amendment proposed by the majority of said

committee to the resolutions of the House, which is as

follows, to-wit:

''Resolved, That the concurrence of the Senate in this

resolution shall not be so construed as to imply that any

Senator who voted for the conviction of John W. Renfroe,

on the trial of said articles of impeachment, retracts in

any manner his vote then cast ; that said articles were true, as to intent ~md effect, nor shall it imply any retraction or

admission on the.:. part of any of the minority who voted

not guilty, each Senator being distinctly understood as

standing squarely by the record he made on said trial."

The same was agreed to.

2d. The first clause of the preamble, being a recital of

the facts in relation to the receipt of interest by the

Treasurer, and certain sureties on hi.:; official bond, as

follows, to-wit:

OCTOBER I I, I879

599

"Whereas, A special committee was appointed by the House of Representatives to investigate the accounts, books and conduct of the Treasurer, who, after investigation, reported that ]ohn W. Renfroe, the Treasurer of this State, and certain of his sureties on his official bonds, had received and appropriated to their own use $22.198.65, as interest arising from the use of the public funds, which is contrary to the Constitution and laws of this State."
The same was agreed to.
3d. The remainder of the preamble extending to the resolution proper, which is as follows:
"Whereas, Articles of impeachment were duly preferred by the House of Representatives against said ] ohn vV~ Renfroe, and presented to the Senate for trial, under the Constitution of this State, charging him, among other things, with having wrongfully, fraudulently, illegally and corruptly appropridted said interest to his own use, and the use of said sureties ; and
"Whereas, Upon the trial of said articles of impeachment, twenty five of the members of the Senate voted that said articles of impeachment were true in all the other statements and bearings, and seventeen voted not guilty, some of them basing their votes upon their belief of the want of corruption on the part of said Treasurer, as stated by themselves during the trial, while admitting the illegality of said acts ; and
"Whereas, It is the opinion of this General Assembly that all of said interest arising from the use of the public funds, as aforesaid, justly belongs to, and is legally the property of the State, for which said Treasurer is liable on his official bonds, as for other public moneys appropriated by him, anJ unaccounted for."
On this proposition, it was ordered that the ayes and nays be recorded.
Those who voted in the affirmative are, to-wit-Messrs.

6oo

JouRNAL OF THE SENATE

Bower, Uandler Clarke, ' Clements, Clifton,
Drake, Duncan,
Folks,

Grantland, Grimes, Head, Holcombe, Holton,
Hud~on,
Lumpkin,
McDaniel,

Perry, Russell, Simmons, Staten, Stephens.
Tison of the 4th, Wall,
Mu. PRESIDENT.

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

Boyd, Bryan, Cabaniss, Cumming, DuBose, Fain,
Ayes, 24.

Hamilton of the 21st, Harrison, Hawkins, Howell, McLeod,

Preston, Tison of the lOth, Troutman, Turner, Wellborn.

Nays, r6.

So that part of the preamble, between the 1st paragraph thereof and the resolution, was agreed to.

4th. The resolution proper.

On concurring in this, as amended, the ayes and nays were ordered to be recorded.

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

Boyd, Bower, Bryan, Cabaniss, Candler, 1 Iarke,
Clements, Clifton, Cnmming, Drake, DuBose,
Duncan, Fain.

Folks, Grantland, Grimes, Hamilton of the ~1st, Harrison, H:twkins;
Head,
Holc"mbe, Holton, Howell, Hudsnn, Lumpkin,
~IcDaniel,

Perry, Preston, Russell,
Simmons, Staten, Stephens, Tison of the 4th, Tison of the 10th, Troutman, Turner, Wall, Wellborn, MR. PRESIDENT.

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

Ayes, 39 Nays, I. So the resolution, as distinct from the preamble, was agreed to, as amended. The question recurriug upon the preamble and resolu tion, as amended, the ayes and nays were recorded.

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

OcTOBER r r, 1879

6or

Bower, Candler, Clarke, Clements, Clifton, Drake,
Duncan, Folks,

Grantland, Grimes, Head, Holcombe, Holton, Hudson.
Lumpkin, 1\IcDaniel,

Perry, Russell, Simmons, Staten, Stephens, Tison of the 4th,
Wall, .IVIn. PRESIDENT.

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

Boyd, Bryan, Cabaniss, Cumming, DuBose, Fain,
Ayes, 14.

Hamilton of the 21st, Harrison,
Hawkins, Howell, McLeod,

PreRton, Tison of the lOth, Trontman, Turner,
Wellborn.

Nays, r6.

So the preamble and resolution, as amended, was con-

curred in as a whole.

On motion of Mr. McDaniel, the same was ordered to

be transmitted to the House without delay.
The Senate, on motion, adjourned until 3 J6 o'clock, p. m.

3:30 O'CLOCK, P. M.

The Senate met pursuant to adjournment, the President

in the chair. Mr. McDaniel, chairman of the Judiciary Committee,

and Mr. Clarke, chairman of the Committee on C:orppra-

tions, made reports on certain bills, which were read.

Mr. Russell, chairman of the Committee on Enrollment,

submitted the following report :

Mr. President:

The Committee on Enrollment report as duly enrolled,

and ready for the signature of the President of the Senate,

the following acts, to-wit :

An act "To amend section 1646 of the Code of Georgia,

in reference to the fees of Solicitors-General."

Also an act "To define the jurisdiction, powers and pro-

ceedings of every County Court, and of the judge thereof,

and the qualification and appointment of such judge, and

the force and effect of the process, judgment and decree of suctt ~ourt, so as, in regard to such courts and judges, to

602

JouRNAL OF THE SENATE

establish that uniformity required by paragraph 1, of section 4, article 6 of the Constitution."
On motion of Mr. McDaniel, the Senate took up and concurred in the amendments of the House to the bill of the Senate "To carry into effect section 1st, paragraph 3d of article r rth of the Constitution, prescribing the manner of changing county lines," with amendments, and, on motion of Mr. McDaniel. the same was ordered to be transmitted to the House without delay.
The Senate, on motion, took up the House amendments to the Senate amendment of the bill '' To regulate and fix the rates of freights and passenger tariffs on railroads in this State," and refused to concur in the same, and asked a committee of conference thereon, consisting of two from the Senate and three from the House, and that the same be transmitted to the House at once.
The President appointed as the committee, on the part of the Senate, Mes5rs. Lumpkin and Perry.
On motion of Mr. Cumming, the Senate took up, as the report of the Committee of the Whole, the bill of the House ''To provide for the compensation of auditors."
The report was agreed to.
The bill was read the third time and passed, by a constitutional majority, there beinv ayes, 24; nays, o.
The Senate took up the joint resolution from the House on final adjournment, which, after discussion thereon, was laid on the table for the present.
Mr. Bower, chairman of the special:committee to whom was referred a bill of the Senate "To repeal an act of the General Assembly of Georgia, approved February 25th, r8;6, or any other act or amendments which authorize the leasing or hiring the penitentiary convicts to private individuals, companies or corporations, and to authorize the Governor aiid Principal Keeper to work said convicts in quarying rock," etc., and a substitute therefor "To provide

OcTOBER 11, 1879
for the better government of the convicts of this State," reported, as a substitute therefor:
A bill "To provide for the better government and classification of the convicts of this State; to enlarge and extend the duties and powers of the principal physician; to provide for his salary, pr~scribe his duties and provide for the appointment of an assistant for him ; to abolish the office of Principal Keeper, etc., and for other purposes."
Mr. Lumpkin offered to amend the substitute by striking out the words "until the meeting of the Legislature at its regular session in 188o," and inserting "until the expiration of his present term of office."
The bill having been read the third time, it was ordered by the Senate that its further consideration be postponed until Monday morning next, and that fifty copies of the said substitute be priuted for the use of the Senate.
On motion of Mr. Lumpkin, the amendment of the Senate to the bill of the House in relation to official advertising, in which amendment the House refused to concur, and from which the Senate had refused to recede, was receded from.
The bill "To incorporate the Waycross and Florida Railroad Company " was read the second time and passed to a third reading.
The Senate took up, as the report of the Committee of the Whole, the bill of the House "To alter and amend the road laws, so far as relates to the county of Effingham, and for other purposes."
The same was amended, in accordance with the report of the Judiciary Committee, by striking out of the third section all between the word 'commissioners," in the seventh line, and the word "provided," in the 14th line, and inserting the following, in lieu thereof, to-wit: "He shall be considered in contempt of the authority of the said commissioners (who shall be a court), who may fine him in a sum not exceeding two dollars for each day he

JouRNAL OF THE SENATE
has been summoned to work on said road ; and in case he shall not pay the said fine, or render satisfactory excuse for not performing his duty-in not working the roadshe shall be still in contempt, and the said commissioners may imprison him for a term not exceeding twenty days, during which term of imprisonment he may be put to work on the chain gang, if the said commissioners shall so direct."
The report, as amended, was agreed to.
The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 24; nays, o.
Mr. Russell, chairman of the Committee on Enrollment, submitted the following report :
Mr. Preszdent:
The Committee on Enrollment report as duly enrolled, signed by the Speaker of the House of Representatives, and ready for the signature of the President of the Senate, the following acts, to-wit :
An act ''To amend section 24 of an act to establish a public school system for this State, approved August 23d, 1873."
Also an act "For the protection of game and birds in the county of Bibb; to prohibit the killing, trapping or netting the same; buying, selling or offering for sale the same, during certain months, and for other purposes."
Also an act ''To repeal an act to apportion the road hands in the counties of Emanuel and Johnson, approved February 27th, r877, so far as applies to Johnson county."
Also an act "To authorize the granting of the writ of certiorari in all appeal cases tried by a jury in the Justices' Cuurts of this State."
Also an act "To establish the Middle Georgia Military and Agricultural College, and for other purposes."
Also an act "To provide a compensation for the com-

OctoBER IT, r879.

6os

missioners of roads and revenue for the county of Mitchell, and the means of paying the same."
Also an act ''To amend section 4045 of the Code of
1873, by striking from the third line of said section the
words of 'an adjoining county,' so as to authorize the commissioners appvinted to assign dower to procure the aid of the county surveyor, or any other competent surveyor, and to further amend said section, by adding at the end thereof, a clause prescribing the time and manner of filing objections, and for other purposes."
Also an act "To alter and amend section 4528 of the Code 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 in this State, or their posses, acting in the discharge of their official duties."
Also an act "To amend an act to incorporate the town of Thomasville, in this State ; to grant certain privileges to the same, approved March 3d, I 874"
Also an act ''To incorporate the Augusta Savings Bank."
Also an act ''To reduce the bond of the sheriff of Wayne county, iri this State, and for other purposes."
Also an act "To alter and amend the road laws of this State, so far as relates to the county of Fulton, and for other purposes."
Also an act "To provide for the incorporation of library and other literary, charitable or social organizations, which have no capital stuck, and are not organi~ed for individual pecuniary gain. ''
Also an act ''To make it a felony, in certain cases, for the officers of any bank, or company or individual, doing a banking business in this State, where such bank or company, or individual fails to pay deposits."

6oiJ

JoukNAi. OF 'i'im SENATE

Also an act "To amend an act to consolidate, amend anci codify the various acts incorporating the city of Forsyth, in the county of Monroe, and the various acts amendatory
thereof, approved March 5th, r8;s, so as to allow the
mayor and council to levy and collect taxes therein."
Also an act "Making appropriations for the payment of the expenses of the special commitee on the investigation of the office of the Principal Keeper of the Penitentiary."
Also an act "To declare the Toccoa river a navigable stream:for certain purposes."
Also an act ''To amend an act entitled act to incorporate the Lawrenceville Branch Railroad, and for other pur poses."
Also an act "To authorize the registration of the bonds of this State, and for other purposes."
Also an act "To provide for the sale of property of a perishable nature, or that is liable to deteriorate in value from keeping, or that is attended with expense in keeping the same when levied on."
Also an act "To incorporate the Skidaway Narrows. Canal Company, and to grant certain privileges therein named."
Also an act "To repeal the acts creating and organizing county criminal courts for the counties of Bartow and'. Washington, and to provide for the transfer of the business pending in said courts."
Also a resolution ''To pay mileage to the members of the General Assembly, principal Doorkeepers and Messengers thereof, for the present adjourned session."
The Senate, on motion, adjourned until9 o'clock, a. m., Monday next.

OCTOBER I 3. T879

m.} SENATE CHAMBER,
.Monday, October 13th, 1879, 9 o'clock, a.

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

Prayer by the Chaplain.

On the call of the roll, the following Senators answered to their names :

Boyd, Bower, Bryan, Cabaniss, Candler, Clarke,
Clements, Clifton, Cumming, Dmke, DnBoFe, Duncan, Fain,

Folks, Grantland, Grimes, Hamilton of the 14th, Hamilton of the 21st, Harrison,
Hawkins, Head, holton, HHouwdseol~l, Lumpkin, McDaniel,

Perry, Preston, Russell, Simmons, Staten, Stephens, Tison of the 4th, Tison of the 10th, Troutman, Turner, Wall, Wellborn,
MR. PRI!SIDENT.

The journal was read and approved.

On motion of Mr. Lester, so much of the journal Of

Saturday was reconsidered as relates to the passage of the

bill of the House "To alter and amend the road laws, so

far as relates to the county of Effingham."

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

when the Senate took up the report of the Committee of

the Whole on the bill just reconsil1ered.

[Mr. Lester submitted to the Senate satisfactory evi-

dence that legal notice had been given of intention to apply

for the passage of this bill.l

The amendment to the same, which was adopted on

Saturday, and spread in full on the journal of that day,

was again offered and adopted.

The report, as amended, was agreed to.

The bill was read the third time and passed, as amended
by a constitutional majority of ayes, 28 ; nays, o; and, on'

motion of Mr. Lester, ordered to be transmitted to the

House without delay.

The following message was received from the House of

6o8

JouRNAL OF THR 5RNATR

Representatives, through Mr. Goetchius, the Clerk therof: Mr. President:
The House of Representatives has concurred in the amendments of the Senate to the substitute of the House for the following bill of the Senate, to~wit:
A bill "To be entitled an act to carry into effect section 1st, paragraph 3d of article I rth of the Constitution, prescribing the manner of changing county lines."
The House has passed the following bill, to-wit: A bill "To be entitled an act to incorporate the Stonewall Insurance Company, of Augusta, Ga." The House insists upon their amendments to the substitute of the Senate to the bill "To regulate the railroad freight and passenger tariffs in this State," etc., and agrees ,. to a committee of conference, and bas appointed as such committee, on the part of the House, Messrs. King, Ran. kin and \Vestbrook. The following mes~age was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof: Mr. Presidmt: The House of Represental ives has passed the following bill, which I am instructed to transmit forthwith to the Senate, to-wit:
A bill ''To be entitled an act to provide for a local board o~ trustees for the Middle Georgia Military and Agricultural College, and the manner of filling vacancies, and subjectit\g the acts of said board to the approval or disapproval of the board of trustees of the University .of Georgia."
The House has concurred in 'the amendments of the Senate to the following bills of the House, towit:
A bill To be entitled an act to incorporate the Carnesville Railroad Company, and for other purposes."
Also a bill "To be entitled an act to alter and amend an act entitled an act to authorize the sale of the Macon and Brunswick Railroad, and for other purposes."

the House has passsd the following bills, to-wit: A bill "To be entitled an act to authorize the Cumming Manufacturing Company to borrow money on bond mortgage, or other security, and for other purposes." Also a bill ''To be entitled an act for the protection of game and birds in the county of Houston ; to prohibit the killing, trapping or netting the same, or buying, selling or offering for sale the same, during certain months, in said county ; to provide penalties for so doing, and for other purposes." Also a bill ''To be entitled an act to extend the corporate limits of Savannah." Also a bill "To be entitled an act to regulate the traffic in corn and seed cotton outside of incorporated towns, wjthin the limits of the county of Thomas, in this State, and to prescribe a penalty for unlawful traffic in the same." Also a bill "To be entitled an act to amend an act entitled an act to regulate the traffic in the counties of De catur and Randolph, and for purposes therein named, approved February 26th, 1876, so as to extend the provisions of said act to the county of Lee." Also a bill "To be entitled an act to create a board of commissioners of roads and revenue for the county of Taylor; define their powers and duties, and for other purposes." Also a bill ''To be entitled an act repealing an act approved March 4th, 1875, in reference to the transfer of pending criminal cases in Taylor Superior Court, and for other purposes." Also a bill "To be entitled an act to incorporate the Canal Steamboat Company ; to define the powers of the same, and for other purposes." Also a bill "To be entitled an act to amend an act to authorize and require the registration of voters in Camden county, in this State, and for other ~urposes, approved February 26th, 1877."
39

JouRNAL OF THE SENATE
Also a bill "To be entitled an act to encourage immigration to Georgia, and for other purposes."
Also a bill' 'To be entitled an act to amend an act incorporating the town of F-orrestville, in the county of Floyd, so as to limit and diminish the boundaries of said town."
Also a bill "To be entitled an act to amend an act entitled an act to establish a County Court in Coweta county, approved March zd, 1874, which amendatory act was approved February 16th, 1876."
The House has concurred in the amendments of the Senate to the following resolution of the House, to wit :
A resolution "Requesting the Governor to issue certain
.ft. fas."
The House has agreed to the following resolutions, in which they ask the concurrence of the Senate, to-wit :
A resolution "Requesting the Governor to investigate the facts relative to certain coupons of the valid Macon and Brunswick Railroad bonds."
Also a resolution "Requiring judges of the Superior Courts, in certain cases, to charge the grand juries in reference to the wild land frauds, and for other purposes."
The following bills of the House were read the first time and referred to the Committee on Local and Special Bills, to-wit:
A bill ''To amend an act incorporating the town of Forrestville, in the county. of Floyd, so as to limit and diminish the boundaries of said town."
A bill "To amend an act to regulate the traffic in seed cotton in the counties of Decatur and Randolph, and for other purposes therein named, approved 26th February, 1876, so as to extend the provisions of said act to the county of Lee."
A bill ''To amend an act chartering the board of trustees of Mt. Vernon Institute, and incorporating the town of Riddleville, in Washington county, Georgia, approved

OCTOBER 13, 1879

6tt

becember 17th, 1859, and creating a new board of commissioners, giving them certain privileges, etc., and. for other purposes."
A bill "To regulate the traffic in corn and seed cotton outside of incorporated towns, within the limits of the county of Thomas, in this State ; and to prescribe a penalty for unlawful traffic in the same-"
A bill 'To extend the corporate limits of the city of Savannah."
A bill "For the protection of game and birds in the county of Houston, and to provide penalties for violation of this act."
A bill "To amend an act entitled an act to amend an act to establish a County Court in Coweta county, approved March 2d, 1874, which amendatory act was ap. proved February 16th, 1876," and
A bill "To create a board of commissioners of roads and revenue for the county of Taylor ; to define their powers and duties, and for other purposes."
The bill of the House "To amend an act to establish a department of agriculture for the State of Georgia, approved February 24th, 1874," was read the first time and referred to the Committee on Agriculture.
The bill of the House "To provide for a local board of trustees for the Middle Georgia Military and Agricultural College, and the manner of filling vacancies and subjecting the acts of said board to the approval or disapproval of the board of trustees of the University of Georgia," was read the first time and referred to the Committee on Education.
The following bills of the House were read the first time and referred to the Judiciary Committee, to-wit :
A bill "Repealing an act approved March 4th, I8JS, in reference to the transfer of pending criminal cases in Taylor Superior Court, and for other purposes."
A bill "To authorize the clerk of the Superior Court of

joURNAL o:F THE SENAtt
Chatham county, and the clerk of the City Court of Savannah, to require a deposit for payment of costs, and for other purposes, " and
A bill ''To change the time of holding the Superior Court of the county of Washington."
Also the following joint resolutions from the House, to-wit:
A resolution ''Reg uesting the Governor to investigate the facts relative to certain coupons of the valid Macon and Brunswick Railroad bonds," and
A resolution "Requiring judges of the Superior Courts, in certain cases, to charge the grand juries in reference to the wild land frauds, and for other purposes."
The following bills of the House were read the first time and referred to the Committee on Finance, to-wit:
A bill "To amend an act to authorize and require the registration of voters in Camden county, in this State, and
for other purposes, approved February z6th, I sn."
A bill 'To constitute the lessees of the Macon and Brunswick Railroad, in the event said railroad is leased, agents of the State, for certain purposes therein named, and for other purposes," and
A bill "To provide for a uniform assessment of railroad property, in this State, and for the collection and return of taxes thereon."
'l'he 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 signed the following act, to-wit :
An act "To prescribe the manner of fixing the com pensation of juries and bailiffs in all the counties of the State."
The following bills of the House were read the first time and referred to the Committee on Corporations, to-wit:

OCTOBER I 3, I 879

613

A bill "To encourage immigration to Georgia, and for other purposes."

A bill "To incorporate the Canal Steamboat Company; to define the powers of the same, and for other purposes."

A bill ''To authorize the Cumming ::.Wanufacturing Company to borrow money on bond, mortgage or other security, and for other purposes," and

A bill ''To incorporate the Stonewall Insurance Company of Augusta Georgia."

The Senate, on motion, took up and receded from its amendment to the House joint resolution "To authorize the State Treasurer to pay interest due on certain bonds of

this State, therein mentioned."

The House joint resolution ''Of instructions to the Comptroller-General," was taken up, read and concurred in.

The House joint resolution "To appoint a committee to examine Stone Mountain," was taken up. The same was, on motion, indefinitely postponed.
The Senate resolution ''Restricting the time allowed to each speaker during the remainder of the session," was taken up and, on motion, laid upon the table.
The adverse report of the Commirtee on Agriculture on the bill "To render more efficient and economical the in-

spection and analysis of fertilizers, and sale of the same, and for other purposes," was taken up.

On the question of agreeing to the said adverse report,

the ayes and nays were required to be recorded. Those who voted in the affirmative are, to-wit-Messrs.

Boyd, Bower, Bryan,
Cabaniss, Clarke, Clifton, Cumming, DuBose, Duncan,

Fain,

McDaniel,

Folks,

Perry,

Grimcs,

Preston,

Hamilton of the 14th, Tison of the lOth,

Harrison.

Troutman,

Hawkins,

Tul'ner,

Howell,

Wellborn,

Hudson,

MR. PRESIDENT.

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

} OURNAL OF THE SENATE

Candler, Clements, Drake, Grantland,
HamiltoB of the 21st,

Head, Holton,
Lumpkin, Russell,

Ayes, 25. Nays, 13.

Simmons, Staten,
Stephens, Wall.

So the adverse report was agreed to, and the bill was, therefore, lost.

Mr. Troutman moved that the Secretary communicate at once to the House the action of the Senate on this bill.

The motion did not prevail.

Mr. Russell gave notice that he should move a reconsideration of the action of the Senate, which was adverse to the passage of said bill.
Leave was granted Mr. Wall to have his vote recorded in the affirmative, on the question of adopting the House joint resolution ''Requesting the Governor to issue certain
fl. jas.," as amended.
The following mes.,age was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof: Mr. President :
The House of Representatives has passed the following bills, to-wit :
A bill "To be entitled an act to exempt from road duty the officers and members of the Constitutional Guards, in the county of Liberty."
Also a bill ''To be entitled an act to regulate the time of holding the Superior Courts in the several counties comprising the Rome Circuit, of this State."
Also a bill "To be entitled an act to prohibit the sale of intoxicating liquors within two miles of Johnson's Church, in the county of Warren."
The House of Representatives 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 alter and amend the road laws, so far as relates to the county of Effingham,

OCTOBER J 3, 1879

615

and for other purposes," and I am instructed to transmit

the action of the House thereon to the Senate forthwith.

The following message was received from the House of

Representatives, through Mr. Goetchius, the Clerk thereof:

Mr. President:

The House of Representatives insists upon their amend-

ment to the substitute of the Senate to the following bill of

the House, to-wit:

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

tion of railroad freight and passenger tariffs in this State;

to prevent unjust discrimination and extortion in the rates

Charged for transportation of passengers and freights, and

for other purposes," and ask for a second committee of

conference on said bill, and have appointed as such com-

mittee, on the part of the House, Messrs. Gray, Burch of

Laurens and Tatum.

The Senate took up the adverse report of the Committee

on Agriculture on the bill of the House ''To declare illegal,

null and void, all waivers of the general warranty imposed

on vendors of fertilizers and chemicals, and for other pur-

poses."

On the question of agreeing to said adverse report, the

ayes and nays were required to be recorded.

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

Boyd, Bower,
Bryan, Cabaniss,
Candler, Clarke,
Clements,

Cumming, DuBose,
Duncan, Fain,
Hamilton of the 21st, Harrism,
Hawkins,

Howell, Hudson,
McDaniel, Perry,
'l'ison of the 10th, Troutman,
'VelllJorn.

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

Drake,

Holton,

Folks,

Bussell,

Grantland,

Simmons,

Hamilton of the 14th. Staten,

Head,

Stephens,

Tison of the 4th, Turner, Wall,
MR. PRESIDENT.

Ayes, 21. Nays, 14.

Messrs. Grimes and Lumpkin had paired off on this

bill, Mr. Grimes being temporarily absent.

JouRNAL OF THE SENATE

Mr. Preston was, on his application, excused from. voting,

The adverse report was agreed to, and the bill wa~, therefore, lost.

Mr. Lumpkin, chairman on the part of the Senate of the

committee of conference on the bill of the House ''To

provide for the regulation of railroad freight and passen-

ger tariffs in this State ; to prevent unjust discrimination

and extortion in the rates charged for transportation of

passengers and freights," etc., reported as follows :

Mr. President: .

''Your committee respectfully recommend that the said

amendment of the House be amended by srriking out

''twenty-four," and inserting, in lieu thereof, ''three

thousand," as the salary of each of the commissioners

provided for in said bill.

(Signed)

SAMUEL LUMPKIN,

Clzairman of Committee on tlze patt of tlze Senate.

HEMAN H. PERRY.

The Senate took up the special order of this day, to-wit:

the report of the Committee of the Whole on the bill of

the Senate ''To repeal an act of the General Assembly of

Georgia, approved February 25th, 1876, or any other act

or amendments which authorize the leasing or hiring of the

penitentiary :convicts to private individuals, companies or

corporations, and to authorize the Governor and Principal

Keeper to work said convicts in quarrying rock," etc-, for

which a substitute had been offered, entitled a bill "For

the better government of the convicts of this State."

The same having been referred to a special committee of

five, said committee reported the following as a suhstitute

for the foregoing bills, to-wit:

A bill "To be entitled an act to provide for the better

government and classification of the convicts of this State;

to enlarge and extend the duties and powers of the princi-

pal physician, and provide for his salary, prescribe his

OcTOBER 13, 1879.

617

duties, and provide for the appointment of an assistant for

him; to abolish the office of Principal Keeper of the Peni-

tentiary, and for other purposes therein contained relative

to the management of the convicts of this State."

Mr. Bryan moved that the penJing subject matter be

indefinitely postponed.

On this proposition, the ayes and nays were required to

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

Bryan, Cabaniss, Camller,
Clarke, _
Clements, Clifton. Drake, Duncan,

Fain, Grimes, Hamilton of the 21st,
Harrison,
Head, Hudson, Russell, Simmons,

Staten, Tison of the 4th, Tison of the lOth,
Troutman, Turner Wall, '
Wellborn.

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

Boyd, Bower, Cumming,
Folks, Grantland,

Hawkins, Hamilton of the 14th, Holton,
Howell, Lumpkin,

l\fcDaniel, Perry, Preston, Stephens,
:MR. PRESIDENT.

Ayes, 23. Nays, 1 5

So the same was indefinitely postponed.

On motion of Mr. McDaniel, the Senate took up the

House joint resolution providing for the adjournment of

the General Assembly on Wednesday next.

The same was amended, on motion of Mr. Cabaniss, by

adding thereto, the following: "Provided the public

business will permit."

The resolution, as amended, was concurred in, and, on

motion of Mr. McDaniel, ordered to be transmitted to the

House forthwith.

Mr. Clarke, chairman of the Committee on Corporations,

and Mr. Hudson, chairman of the Committee on Education,

made reports on certain bills referred to the respective committees.

On motion of Mr. Preston, the Senate took up, as the

report of the Committee of the Whole, the bill of the

618

} OURNAL OF THE SENATE

Senate "To provide for the classification of convicts in

this State, and for other purposes."

Mr. Russell moved that the san1e be indefinite!/ post-

poned.

On this proposition, the ayes and nays were required to

be recorded.

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

Bryan, Candler,
Clarke, Clements, Clifton,

Hamilton of the 21st, Simmons,

Holton,

Tison of the lOth.

Hudson,

Troutman,

Russell,

Wellborn.

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

Boyd, Bower, Cabaniss, Cumming, Drake,
Duncan, Grantland,

Grimes,

McDaniel,

Hamilton of the 14th, Perry,

Hawkins,

Preston,

Head,

Turner,

Howell,

Wall,

Lumpkin,

MR. PRIISIDENT.

Ayes, 13. Nays, 19.

So the motion to indefinitely postpone did not prevail.

The same was amended, in accordance with the report of

the Judiciary Committee, by striking out the words "and

for other purposes" from the title, and inserting, in lieu

thereof, the words ''and to provide a punishment for the

violation of the provisions of this act."

The report, as amended, was agreed to.

The bill having been read the third time September,

1879, was passed, as amended, by a constitutional major.

ity, there being ayes, 23; nays, 2.

On motion of Mr. Preston, the same was ordered to be

transmitted to the House without delay.

On motion of Mr. Cabaniss, the message of the House

of Representatives communicating the fact of the refusal Of

that body to adopt the report of the Conference Committee

on the amendments ,of the House to the bill ''Regulating

railroad freights and passenger tariffs in this State," etc.,

and asking another Committee of Conference thereon, was

was taken up.

0CTOBKR 13, 1879.
The Committee of Conference was granted. The President appointed as said committee, or. the part of the Senate, Messrs. Cabaniss and Stephens. On motion of Mr. Cabaniss, the Secretary was directed to inform the House of this action of the Senate forthwith The Senate took up and agreed to the adverse re.ports of the committee on the following bill<; of the House, to-wit: A bill "To stayjudgments in certain cases," and A bill "To prevent railroad companies from purchasing or leasing other railroads, or from buying shares or stocks in the same." The following bills of the House were read the first time and referred to the Committee on Local and Special Bills, to-wit: A bill "To exempt from road duty the officers and members of the Constitutional Guards, in the county of Liberty," and A bill ''To prohibit the sale of intoxicating liquor<; within two miles of Johnson's Church, in the county of Warren." The bill of the House ''To regulate the time of holding the Superior Courts in the several counties composing the Rome Circuit," was read the first time and referred to the Committee on the Judiciary.
The following bills of the House were read the second time and passed to a third reading, to-wit:
A bill "To amend sections 2842 and 2844 of the Code of this State."
A bill 'To incorporate the Rome Street and City Park Railroad, and for other purposes."
A bill "To amend the act incorporating the city of Rome, and the several acts amendatory thereof, and for other purposes."
A bill ''To amend an act entitled an act to incorporate the town of Marietta, in the county of Cobb, and for other purposes. "

620

JouRNAL oF THE SENATE

A bill ''Fixing the license fees for the sale of spirituous, intoxicating and malt liquors in the county of Pierce, and town of Blackshear in said county, and for other purposes."
A bill "To extend the provisions of an act relieving J. W. Grubbs, A. J. Inman, S. J. Bell and L. D. Mathews, securities on the bond of R. C. Wimberly, tax <;ollector of the county of Burke, approved February 28th, 1876, and for other purposes."
A bill "To appropriate money to pay the salary of the physician to the penitentiary for the fiscal years 1879 and 188o."
A bill ''To amend the charter of Oxford, so as to empower the board of commissioners of said town to enforce the laws and ordinances regulating the working of the roads and streets of said town, and for other purposes."
A bill "To prevent the depredation of hogs in the county of Morgan, and to prescribe a penalty for the same;" and
A bill "To prohibit the charging, demanding or receiv ing any fee, perquisite or compensation, other than his salary, by the Attorney-General of this State, and to pre scribe a penalty therefor, etc., and for other purposes."
The Senate adjourned, on motion, untii 8 o'clock, p. m., this day.
8 0' CLOCK, P. M. The Senate met pursuant to adjournment, the President in the chair. Mr. Cabaniss, chairman of the Committee on Finance, made a report on certain bills, which was read. Mr. McDaniel, chairman, of the Committee on the Judiciary, made a report on certain bills and resolutions, which was read. Mr. Clements, chairman of the Committee on Local and Special Bills, made a report, which was read. Mr. Cabaniss, chairman of the committee of conference, on the part of the Senate, to which was referred the bill

OCTOBER I3. IB19

621

I to regulate the charges for freight and passenger tariffs
on the railroads in this State," submitted the following report:
M1'. P1'esident: The committee to which was referred the bill "To regu-
late the charges for frieght and passenger tariffs on the raiL roads of this State," to adjust the differences between the
Senate and House, recommend that '' $2, sao" be inserted
in the bill, as the salaries of the commissioners. T. B. CABANISS,
] OHN A. STEPHENS,
Committee o1z the part of the Senate.
ARTHUR H. GRAY,
BuRCH OF LAURENS,
M. A. B. TATUM, Committee on the part of the House of Representatives.

The following bills of the House were read the second time and passed to a third reading, to-wit :

A bill "To repeal an act approved February 27th 1877, entitled an act to repeal an act entitled an act t~ create a County Court in each county in this State, except certain counties therein named, approved January 19th, 1872, so far as the same apples to the county of Dodge, and to abolish the County Court of Dodge county."
A bill "To incorporate the National Mercantile Debt Assurance Company."
A bill "To incorporate the American Guarantee Association,"
The following bills of the House were taken up, under the adverse reports of the committees to whom the same were referred, the reports agreed to, and the bills were, therefore, lost, to-wit :
A bill ''To require all clerks of the Superior and City Courts to make immediate record of certain original papers filed in said courts, and to prescribe penalties for failure on

JouRNAL OF THE SENATE
the part of said clerks to comply with the requirements thereof."
A bill "To extend to the county of Burke the provisions of an act entitled an act to provide for the payment of certain insolvent criminal costs in the Augusta Circuit, approved February 15th, 1873," and
A bill "To authorize the Governor, with the consent of the lessees of theW estern and Atlantic Railroad, to convey to the mayor and aldermen of the city of Chattanooga, Tennessee, a small tract of land in said city, for the purpose of fire protection and other city purposes."
The Senate took up, as the report of the Committee of the vVhole, the bill of the House "To appropriate money to defray the contingent expenses of the House and Senate for the pr~sent aJj?Urr.J.ed session."
The same was amended, on the recommendation of the Finance Committee, as follows, to-wit: 'Amend the title by adding thereto : ''And for other purposes."
Amend the rst section by adding the same to the following: "Also the sum of eighteen dollars to G. Y. Tyner, stenographic reporter of the special committee of the House of Representatives to investigate the Public Printer; also the sum of one hundred dollars to the Rev. John P. Duncan, Chaplain of the S~nate; and the further sum of three hundred and forty-three dollars and thirty cents to pay the bill of Phillips & Crew for stationery for for the use of the General Assembly."
Add an additional section, as follows, to be known as section zd: Be itjurt!ter enacted, That the sum oftwo thousand dollars, or so much thereof as may be necessary, be, and the same is hereby appropriated to pay the expenses of the trials of Washington L. Goldsmith, late Comptroller-General, and John vV. Renfroe, Treasurer, to be paid upon itemized accounts under oath."

Also add the following, as an additional section, to be inserted before the repealing clause, to be known as section 3d, to-wit :
Be z"t further enacted, That the sum of one hundred and fifty dollars be, and the same is hereby appropriated to Jackson T. Taylor, to compensate him for the work of making an index for the House journal and the journal of the Senate for the present session of the General Assembly, including this and the last year's parts of said session, and that the same be paid by warrant of the Governor when satisfactory evidence is furnished him that the said work has been performed."
Amend the rst section by adding the following : ''And that the further sum of three hundred dollars, or so much thereof as may be necessary, be, and is hereby appropriated to defray the expense of removing "the State Library."
Amend section rst further, by adding : "Also one hundred and twelve dollars and fifty-six cents, to pay A. F. Cooledge, stenographic reporter of the _special committee to investigate the Department of Agriculture, and the further sum of eight-eight dollars to pay J. Henly Smith, for twenty-two days' service rendered said committee; and six dollars to Wm. Gaines and Charles H. Smith for painting doors and windows of the water-closets ; also the sum of one hundred and twenty-five dollars, or so much t~ereof as may be necessary to pay the actual necessary expenses of the special committee upon the Macon and Brunswick Railroad, to be paid out upon an itemized account rendered by the members of said committee."
The report, as amended, was agreed to.
The bill was read the third time, and, on the question of its passage, as amended, the ayes and nays were recorded.
Those who voted in the affirmative are, to-wit-Messrs.

JouRNAL oF THE SENATft

Bower, Bryan, Cabaniss, Candler,
Clements, Clifton, Cumming, Drake, DuBose, Duncan,
Fain,

Folks, Grimes,
Hamilton of the 14th, Hamllton of the 21st,
Harri~on,
Hawkins, Holton, Howell, Hndson, Lumpkin,

McDaniel, Perry, Preston, Simmons, Staten, Stephens, Tison of the 10th, Troutman, Turner,
MR. PRESIDENT.

Those who voted in the negative are, to-wit-Messrs.
Wall.
Ayes, 35 Nays, 1.

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

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

the Whole, the bill of the House ''To prohibit the making

or selling of any spirituous liquors within two miles of any

church, or place of worship, in Sheffield district, in Rock-

dale county."

The report was agreed to.

The bill was read the thild time and passed, by a con-

stitutional majority, there being ayes, 26; nays, o.

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

the Whole, the bill of the House 'To amend section 6II of the Code of 1~73. and for other purposes."
The report was agreed to.

The bill was read the third time and passed, by a con-

stitutional 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 "To regulate the practice in the ~upreme Court of this State."

The report was agreed to.

The bill was read the third time:and passed, by a con-

stitutional majority, there being ayes, 2$; nays, o.

The Senate took up, as the report of the Committee of he Whole, the bill of the House ''To authorize and re-

quire the Governor to furnish to counties whose court

houses have been burned certain copies of the Supreme

OCTOBER 13, 1879
Court Reports of this State, Code of Georgia, and standard weights and measures, where the same have been destroyed."
The same was amended, by inserting after the word "burned," in the caption, the following: ''and the new counties of Douglas, Dodge, McDuffie, Rockdale and Oconee,"
Amend section rst, by inserting after the word "destroyed," in the 8th line, the following: ''and the new counties of Douglas, Dodge, McDuffie, Rockdale and Oconee, which have not received their full complement of said books and standard weights and measures."
The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 25; nays, o.
The Senate took up, as the report of the Committee of the Whole, the bill of the House "To incorporate the Waycross and Florida Railroad Company."
The same was amended, by inserting after the name "D. S. Troy," in the 8th line of the first section, the following: "]. H. Estill, H. S. Haines, S. A. Strong, C. D. Owens, A. T. Mcintyre, W. S. Chisolm, R. W. Woodbridge, }.
L. Taylor, R. B. Reppard and J. }. Dale."
The report, as amended, was~agreed to. The bill was rtad the third time and passed, as amended, by a 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 "To require the judges of the Superior Court to give in charge to the grand jury, in each county where a convict camp is located, all the laws respecting the inspection, management and control of the convicts of this State; to authorize the grand jury to appoint a commission composed of members of its own body, and other persons; to prescribe the duty of such commission and of the grand jury; to require the grand juries to present any person or persons who may violate
40

JouRNAL OF THE SENATE

any penal statutes of this State, relative to the manage ment and control of the convicts, and for other purposes."

The report 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, Bryan, 'Jabaniss, Candler, Clements,
Cumming, Drake, DuBose,

Duncan, Fain, Folks, Grimes, HM-ison,
Hudson, McDaniel, Perry,

Preston, Simmons, Staten, Stephens, Tison of the:tOth, Turner,
MR. PRESIDENT.

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

Hamilton of the 14th, Holton, Hamilton of the 21st, Lumpkin,

Troutman, Wall.

Ayes, 23. Nays, 6.

So the bill was passed by a constitutional majority.

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

the Whole, the bill of the House "To amend section

1416 of the Code of 1873, which relates to and regulates

the practice of dentistry."

The report 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, Bryan, Cabaniss, Candler, Clifton,
Cumming, Droke, DuBose,

Duncan, Fain, Folks, Hamilton of the 21st, Harrison,
Hudson, Lumpkin, McDaniel,

Perry, Simmons, Tison of the lOth, Tmutman, Turner, Wall,
MR. PRESIDENT.

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

Clements,

Holton,

Grimes,

Preston,

Hamilton of the 14th,

Staten, Stephens.

Ayes, 23. Nays, 7

So the bill was passed by a constitutional majority.

The Senate took up and agreed to the adverse report of the Judiciary Committee on the bill of the House "To amend the City Court acts of the city of Atlanta, so as to provide for the payment of certain insolvent costs due the officers of said court."
The report was agreed to, and the bill was, therefore, lost.
The Senate, on motion, adjourned until 9 o'clock, a. m., to-morrow.

SENATE CHAMBER, } Tuesday, October 14tfz, 1879, 9 o'clock, a. m.

The Senate met pursuant to adjournment, the President

in the chair.

Prayer by the Chaplain.

On the call of the roll, the following Senators answered

to their names, to-wit:

Boyd, Bower, Bryan, Cabaniss, Can, Iter,
Clarke, Clements, Cumming, Drake, DuBose, Duncan, Fain, Foill:s,

Grantland.

Perry,

Grimes,

Preston,

Hamilton of the 14th, Simmons,

Hamilton of the 21st, Staten,

Harrison,

Stephens,

Hawkins,

Tison of the 4th,

HHoelatd~n,

Tison of the lOth, Troutman,

Howell,

Turner,

Hudson,

Wall,

Lumpkin,

Wellborn,

.McDaniel,

.MR. PRESIDENT

The journal was read and approved.

On motion of Mr. Cabaniss, so much of the journal of

yesterday was reconsidered as relates to the passage of the

bill of the House, with amendments, which is a bill ''To

appropriate money to defray the contingent expenses of

the House and Senate for the present adjourned session.

On motion of Mr. Cabanis<>, the rules were suspended,

and the bill just reconsidered was taken up.

jOURNAL OF THE SENATE

The several amendments agreed to on yesterday were

agreed to, and the bill was further amended, as follows,

to-wit: Add after the words ''Chaplain of the Senate," in

the rst section, the following: ''and the sum of one hun-

dred dollars to the Rev. John Jones, Chaplain of the

House of Representatives."

Amend section rst by adding thereto the following:

''Also the sum of two dollars per day during the present session to Sam Steal, por~er of the Senate ; also the sum

of fifty cents per day to Peter McMichael, Sam Steal,

Howard Joiner, Henry Gunn, William Gaines, George

Perkins and Charles H. Smith, attendants waiting upon

the Senate and House of Representatives.

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 re-

corded.

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

Bryan, Cabaniss,
Candler, Clarke, Clements, Cumming,
Drake, Duncan, Fain, Folks, Grantlanu,

Grimes, Hamilton of the 14th,
Hanison, Hawkins, Head, Holton,
Howell, Hudson, Lumpkin, McDaniel, Perry,

Preston, Simmons, Staten, t'hephens, Tison of the- 4th, Tison of the lOth, Troutman, Turner, Wall, Welluorn.
MR. PRESIDENT.

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

Bower.
Ayes, 33 Nays, r.

So the bill was passed, as amended, by a constitutional

majority.

Mr. Hudson moved a reconsideration of so much of the

journal of yesterday as relates to the loss of the bill of the

House "Authorizing the Governor to convey to the city of

Chattanooga titles to a certain piece of land in said city for

fire purposes."

The motion to reconsider did not prevail.

Mr. Wellborn, chairman of the Committee on Enrollment, submitted the following report : Mr. President:
The Committee on Enrollment report as duly enrolled, and ready for the signature of the President of the Senate, the following act, to-wit:
An act ''To carry into effect paragraph 3d, section Ist, article I I of the Constitution of this State."
The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof: Mr. President :
The House of Representatives has passed the following bills of the Senate, which I am instructed to transmit forthwith to the Senate, to wit :
A bill 'To be entitled an act to carry into effect article 2d, section 5t~ of the Constitution of this State, and to prohibit the sale or distribution of intoxicating liquors on days of election, and to provide a punishment for the same."
Also a bill "To be entitled an act toamendsection 2558 of the Code, as to the sale of insolvent papers by administrators, and for other purposes."
Also a bill 'To extend the mode of proving administration and guardianship."
Also a bill "To be entitled an act 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."
Also a bill "To be entitled an act to amend section 3293 of the Code, concerning attachments for purchase money."
The House has passed the following bills of the Senate, with amendments, in which it asks the concurrence of the Senate, towit:
A bill "To be entitled an act to amend section 3962 of

jOURNAL OF THE SENATE
the Code, as to the county in which mortgages on realty shall be foreclosed."
Also a bill "To be entitled an act to amend an act to require the payment of moneys arising from fines and forfeitures into the county treasury, and to regulate the disbursement of the same."
Also a bill ''To be entitled an act to prescribe fees of solicitors of County Courts, where the same are not now provided by law."
Also a bill "To be entitled an act to carry into effect section 4th, paragraph 9th, article 4th of the Constitution of the State, in relation to the appointment of some per son to preside in causes where the presiding judge is disqualified."
Also a bill "To be entitled an act to prescribe the manner of foreclosing certain chattel mortgages, and to confer jurisdiction nn justices of the peace, an1 for other purposes," and I am instructed to transmit the same to the Senate forthwith.
Mr. Wellborn, chairman of the Committee on Enrollment, submitted the following report : Mr. President:
The Committee on Enrollment report as duly enrolled, signed by the Speaker of the House of Representatives, and ready for the signature of the President of the Senate, the following acts, to-wit :
An act ''To create a board of commissioners of turnpike roads in this State."
Also an act "To enlarge the facilities for education furnished by the University of Georgia, by creating a new school to be a part thereof, and to be known as the Georgia State Normal College."
Also an act "To amend section 655 of the Code of r87 3, by adding a proviso allowing commissioners of public roads to resign after they have served two years, consecutively."

OcTOBER 14, 1879

Also an act "To regulate and restrict the rate of interest

in this State, and for otht:r purposes."

Also an act "To change the time of holding the Superior

Court in the county of Henry."

Also an act "To provide for the compensation of the or-

dinary of Washington county, and for other purposes."

Also an act "To incorporate the Mutual Insurance Com-

pany, of Augusta. ''

Also an act "To carry into effect paragraphs 1 and 2, sec-
tion 7, article 7, of the Constitution of 1877"

Also an act "To change and fix the time of holding the spring term of the Superior Court in the county of Milton,

and for other purposes." Also a resolution "Making appropriation to pay H. I. G.

Williams for making transcript of certain numerical land

books."

Also a resolution "Making appropriation to pay the ex-

penses of the committee accompanying the remains of the
late Hon. J. C. Clements to the county of Montgomery."

Also an act "To alter and amend an act to authorize the

sale of the Macon and Brunswick Railroad, and for other

purposes. "

Also a resolution "Requesting the Governor to issue cer-
tain fl. fas. against J. \V. Renfroe and his sureties."

Also an act ''To provide for the compensation of audi-

tors."

c. J. WELLBORN,

ClzairmaJt, pro tem.

The following message was received from the House

of Representatives, through Mr. Goetchius, the Clerk thereof:

Mt. President :

The House of Representatives has concurred in the

amendment of the Senate to the resolution of the House to adjourn this session of the General Assembly sz1te die on

}OURNAL OF THE SENATE
Wednesday next, and I am instructed to inform the Senate forthwith of this action of the House.
The House has refused to concur in the action of the Senate in the passage of the following bills of the Senate, to-wit:
A bill "To be entitled an act to carry into effect paragraph I, section 17, article 6 of the Constitution of 1877, so as to provide for change of venue in all cases, either at law or equity."
Also a bill "To be entitled an act to amend section 267 of the Code of I 873, which relates to the duties of clerks of the Superior Courts, and to the dockets of said courts, and for other purposes."
Also a bill "To be entitled an act to prevent the careless use of firearms, in certain cases, to provide a punishment for the same, and for other purposes."
Also a bill "To be entitled an act to amend section 2638 of the Code of 1873, which renders void contracts for the sale of goods for future delivery, where the parties are aware that the seller expects to purchase himself to fulfill his contract, being a mere speculation upon chances, by providing that no agent or purchaser or seller, in case of such illegal transaction, shall recover from his principal money advanced to the latter or expended for his benefit in connection with such contract, and that either party may recover from the other, or from the agent of either party, any money or other thing of value hypothecated or paid in furtherance or in consequence of the contract."
Also a bill "To be entitled an act 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 Contitution of Georgia."
The House has adopted the report of the second committee of conference on the bill ''To provide for the regulation of railroad freights and passenger tariffs in this State," etc., which recommends the insertion in said bill of $2,500

OcTOBER J4, 1879.
instead of $2,400, as the pay of each of the commissioners provided for in said bill, and I am instructed to transmit notice of said action of the House to the Senate forthwith.
The House has agreed to the following resolutions, towit:
Resolutions 'Relating to public printing," and they respectfully request the concurrence of the Senate therein.
The House has passed the following bill of the Senate, which I am instructed to transmit forthwith to the Senate, to-wit:
A bill "To be entitled an act to provide for the better organization, government and discipline of the volunteer troops of this State, and to repeal all that part of the Code of Georgia, consisting of articles 2 and 3 of chapter 2d, title 12, part 1, and comprising all those sections embraced from 1075 to I 103, both included, in the revised Code of 1873, relating to the volunteer corps of the State, and for other purposes connected therewith."
The House has passed the following bills of the Senate, to-wit:
A bill "To be entitled an act to provide for the return of special taxes by the collectors of this State."
Also a bill "To be entitled an act to prevent illegal voting in elections in this State, and to prescribe a penalty therefor."
Also a bill "To be entitled an act to carry into effect paragraph 5, section 2, article I of the Constitution ; to define the crime of lobbying, and to provide for the punishment of the same."
Also a bill "To be entitled an act to add to and amend section 898 ofthe Code of 1873, in relatiem to the mode of redeeming land sold under tax.ft. fas., and for other purposes," with amendments, in which they ask the concur renee of the Senate."
Also a bill To be entitled an act to restore the offices of tax rec6:iver and tax collector in all counties where by

JOURNAL OF THE SENATE
law such offices are held by the same person, and to repeal all laws for consolidating said offices," by a substitute, in which they ask the concurrence of the Senate, and I am instructed to transmit the same to the Senate forthwith.
The House has refused to concur with the Senate in the passage of the following bills of the Senate, to wit :
A bill ''To be entitled an act to prohibit the employment of females, convicted of misdemeanors and sentenced to work in a chain gang, in any labor unsuitable to their sex."
Also a bill ."To be entitled an act to define the crime of poisoning, and prescribe a penalty therefor."
Also a bill 'To be entitled an act 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 be entitled an act to amend sections 3389 and 3990 of the Code, concerning the forms of actions.''
The Senate took up, as the report of the Committee of the Whole, the bill of the House ''To establish State depositories in the cities of Atlanta, Athens, Augusta, Columbus, Macon, Savannah, Rome, Americus, Albany, Gainesville, Hawkinsville, Griffin and LaGran~ e, and to prescribe their duties and liabilities."
The same was amended by striking out of the title, and in section 1st, the names ''Rome, Americus, LaGrange, Gainesville, Griffin and Hawkinsville."
An:enci section 2d by adding the following: "But it shall be the duty of the Governor to make with said depositaries the most advantageous contracts he can for interest to be paid by them to the State, for the use of the State's money which may be deposited therein, as hereinafter provided in this act."
Amend section 2d further, by the following proviso: '' Provzded, That no officer of this State shall be allowed to receive any commission, interest, or reward to himself,

OcTOBER 14, 1879

from any' source, for the depositing of such money in such

depositaries, or for continuing such deposits ; but the

receiving of any such benefit, by any officer, shall be a

felony, punishable by imprisonment in the penitentiary for

not less than seven nor longer than twenty years, and

disqualification to hold any office in this State."

The report, as amended, was agreed to.

The bill was read the third time, and, on the ques-

tion of its passage, as amended, the ayes and nays were

required to be recorded.

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

Bower, Bryan, Cabaniss, Clarke, Cumming, Drake, Duncan, Folks,
Grantland,

Grimes. Hamilton of the 14rh, Head, Holton, Howell, Hudson, Lumpkin, McDani<Ol,
Perry,

Preston, SimmoDs, Stephens, Tison of the 4th, Tison of the lOth, Troutman, Tumer Wall. '
Mu. PRESIDENT.

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

Boyd, Candler, Clements,

DuBose, Fain, Harrison,

Hawkins, Staten, Well born.

Ayes, 27. Nays, 9

So the bill was passed, as amended, by a constitutional

majority, and ordered to be transmitted to the House with-

out dday.

On motion of Mr. Hudson, leave of absence, for to-day,

was granted Mr. Holcombe.

On motion of Mr. McDaniel, the Senate took up and

agreed to the report of the second committee of confer-

ence on the bill of the House "To regulate and fix the

rates of railroad freights and passenger tariffs on the various

railroads in this State," etc., etc., and the action of the

Senate thereon was ordered to be communicated at once

to the House.

Mr. Lester submitted to the Senate an explanatory state-

ment of Mr. G. W. Garmany in relation to his own a:nd

the testimony of certain other witnesses, who testified

jOURNAL OF THE SENATE
before the Wild Land Committee, and whose testimony is contained in the pamphlet evidence published by order of said committtee. The statement was read, and ordered to be filed in the office of the Secretary of State, with said published evidence to which it refers.
The Senate, on motion of Mr. Clarke, took up and concurred in the House amendments to the following bills of the Senate, to-wit:
A bill "To add to and amend section 898 of the Code of 1873, in relation to the mode of redeeming land sold under tax .ft. fas., and for other purposes."
A bill "To restore the offices of tax receiver and tax collector in all counties where by law such offices are held by the same per!'on, and to repeal all laws for consolidating said offices."
A bill "To prescribe the manner of foreclosing certain chattel mortgages, and to confer jurisdiction on justices of the peace, and for other purposes."
A bill "To carry into effect section 4, paragraph 9, article 4 of the Constitution, in relation to the appoint ment of some person to preside in cases where the presiding judge is disqualified."
A bill "To amend an act to require the payment of moneys arising from fines and forfeitures into the county treasuries, and to regulate the disbursement of the same."
A bill ''To prescribe fees of solicitors of County Courts where the same are not now provided by law," and
A bill ''To amend section 3962 of the Code, as to the county in which mortgages on realty shall be foreclosed."
Leave of absence was granted Mr. Wall, on his application, for the remainder of the morning session, to enable him to be present at the performance of an operation on the eyes of a gentleman from his county.
The following bills of the House were read the second time, and passed to a third reading, to-wit:

A bill ''To regulate the time of holding the Superior
Courts in the several counties of the Rome Circuit." A bill "To provide for a local board of trustees for the
Middle Georgia Military and Agricultural College, and the manner of filling vacancies, and subjecting the acts of said board to the approval of the board of trustees of the University of Georgia."
A bill 'To incorporate the Canal Steamboat Company; to define the powers of the same, and for other purposes."
A bill "To regulate the traffic in corn and cotton seed outside of incorporated towns, within the limits of the county of Thomas, in this State, and toprescribe a penalty for unlawful traffic in the same."
A bill "To amend section 103 I of the Code of Georgia, of 1873, and to reduce the number ofthejournalsandpublic laws to be published by the State Printer."
A bill "To incorporate the Stonewall Insurance Company, of Augusta, Ga."
A bill "To authorize the Cumming Manufacturing Company to borrow money on bond, mortgage or other security, and for other purposes."
A bill "To encourage immigration to Georgia, and for other purposes."
A bill "To prohibit the sale of intoxicating liquors within two miles of ]ohnson's Church, in the county of Warren."
A bill "To amend an act incorporating the town of Forrestville, in the county of Floyd, so as to limit and diminish the boundaries of said town."
A bill "To amend an act entitled an act to amend an act to establish a County Court in Coweta county, approved March zd, 1874, which amendatory act was approved February 16th, 1876."
A bill "To extend the corporate limits of the city of Savannah."
A bill "For the protection of game and birds in the

JouRNAL oF THE SENATE
county of Houston ; to prohibit the killing, trapping or netting the same, or buying, selling or offering for sale the same, during certain months, in said county ; to provide penalties for so doing, and for other purposes."
A bill "To amend an act chartering the board of trustees of the Mount Vern on Institute, and incorporating the town of Riddleville, in Washington county, Georgia, ap proved December 17th, 1857, and creating a new board of commissioners, giving them certain privileges, etc., and for other purposes."
A bill ''To create a board of commissioners of roads and revenue for the county of Taylor ; define their powers and duties, and for other purpose."
A bill "To amend an act to regulate the traffic in seed cotton in the counties of Decatur and Raudolph, and for other purposes therein named, approved 26th day of Feb ruary, 1876, so as to extend the provisions of said act to the county of Lee."
A bill "To repeal an act approved March 4th, 1875. in reference to the transfer of pending criminal cases in Telfair Superior Court, and for other purposes."
A bill "To authorize the clerk of the Snperior Court of Chatham county, and the clerk of the City Court of Savannah, to require a deposit for the payment of costs, and for other purposes."
A bill "To change the time of holding the Superior Court of the county of Washington."
A bill "To constitute the lessees of the Macon and Brunswick Railroad, in the event said road is leased, agents of the State, for certain purposes therein named, and for other purposes."
A bill "To amend an act to authorize and require the registration of voters in Camden county, in this State, and for other purposes, approved February 26th, 1877."
The House joint resolution ''Requesting the Governor to investigate the facts relative to certain coupons of the

OCTOBER 14. TS79

valld Macon and Brunswick Railroad bonds, v:as read the
second time and passed to a third reading.

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

Mr. President : The House of Representatives has concurred in all
amendments of the Senate, except Nos. 4 and 6, and has added certain amendments to the amendments Nos. 4 and 6, in which they ask the concurrence of the ::>enate to the following bill of the House, to-wit :

A bill ''To be entitled an act to appropriate money to defray the contingent expenses of the Senate and House for the present adjourned session," and I am instructed to transmit the action of the House thereon to the Senate forthwith.
The Senate took up, as the report of the Committee of the Whole, the bill of the House "To appropriate money to pay the salary of the physician to the penitentiary for the fiscal years 1879 and I 880, and for other purposes."
The report 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.

Boyd, Bower, Bryan, Cabaniss, Candler, Cumming, Drake,
DuBose, Fain, Folks,

Grantland, Grimes, Hamilton of the 14th, Harrison,
Hawkins, Holton, Hudson, Lumpldn,
McDaniel,

Perry. Preston, Simmons, 8tepheus, Tison of tb e 1Oth, Troutman, Turner, Wellborp,
MR. PRESIDENT.

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

Staten.

Ayes, 28. Nays, 1.

So the bill was passed by a constitutional majority.

The following message was received from the House

of Representatives, through Mr. Goetchitis, the Cierk thereof: Mr. Prest"dent:
The House of Representatives has concured in the amendments of the Senate to the following bills of the House of Representatives, and I am instructed to transmit notice of this action of the House to the Senate forthwith, tO\Vit:
A bill "To be entitled an act to authorize and require the Governor to furnish to counties, whose court houses have been burned, certain copies of the Supreme Court re ports of this State, Code of Georgia and standard weights and measures, where the same has been destroyed."
Also a bill "To be entitled an act to incorporate the Waycross and Florida Railroad Company."
The following message was received from His Excel-
lency the Governor, through Mr. Avery, his Secretary, to-wit : Mr. President:
His Excellency, the Governor, has approved and signed the following act, to-wit:
An act '-To define the jurisdiction, powers and proceedings of every County Court, and of the judge thereof, and the qualification and appointment of such judge:, and the force and effect of the process, judgment and decree of such court, so as, in regard to such courts and judges, to establish that uniformity required by paragraph Ist of section 9th of article 6th of the Constitution."
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 deEver to the Senate a sealed communication, to which he respectfully invites the consideration of your honorable body in executive session.
The Senate took U 1J, as the report of the Committee of

OCTOBER 14, 1879
the Whole, the bill of the House "To incorporate the American Guarantee Association."
The report was agreed to.
The bill was read the third time and passed, by a 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 "To incorporate the National Mercantile Debt Assurance Company."
LMr. Grimes submitted to the Senate satisfactory evi-
dence that legal notice of intention to apply for the passage of this bill had been given.]
The report was agreed to.
The bill was read the third time and passed, by a constitutional majority, there being ayes, 28 ; nays, o.
On motion of Mr. Lumpkin, the Senate took up and
concurred in the amendments of the House to the amend-
ments of the Senate, Nos. 4 and 6, to the bill of the House "Making appropriations for the contingent expenses of the Senate and House of Representatives of the present General Assembly, and for other purposes."
The Senate took up, as the report of the Committee of the Whole, the bill of the House "To amend an act entitled an act to incorporate the town of Marietta, in the county of Cobb, and for other purposes."
The report was agreed to. The bill was read the third time and passed, by a constitutional majority, there being ayes, 27 ; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill of the House ''To amend an act incorporating the city of Rome, and the several acts amendatory thereof, and for other purposes." [Mr. Hawkins submitted to the Senate satisftctory evidence that the legal notice had been given of intention to apply for the passage of this bill.] The report was agreed to.
41

jOURNAL OF THE SENATE
The bill was read the third time and passed, by a constitutional majority, there being ayes, 27; nays, o.
The Senate took up, as the report of the Committee of the Whole, the bill of the House "To extend the pro-
visions of an act relieving J. W. Grubbs, A. J. Inman, S. J. Bell and L. D. Mathews, securities on the bond of R.
C. Wimberly, tax collector of the county of Burke, approved February 28th, 1876, and for other purposes."
[Mr. Perry submitted to the Senate satisfactory evidence that legal notice of intention to apply for the passage of this bill had been given.]
The report was agreed to. The bill was read the third time and passed, by a constitutional majority, there being ayes, 25; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill of the House "To prohibit the charging, demanding or receiving any fee, perquisite or compensation, other than his salary, by the Attorney-General of this State, and to prescribe a punishment therefor, carrying out paragraph I, section 13, article 6 of the Constitution of this State, adopted December 5th, 1877, and for other purposes." The same was amended by striking out the 3d section, and changing section 4 to section 3 The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority of ayes, 23 ; nays, o. On motion of Mr. Howell, the Senate ordered that the fact be stated on the journal that he had offered satisfactory evidence that legal notice of intention to apply for the passage of a bill of the House "To incorporate the American Guarantee Association," had been given. Mr. Wellborn, chairman of the Committee on Enrollment, submitted the following report: Mr. Preszi:lent: The Committee on Enrollment report as duly enrolled,

OCTOBER 14, I8jg.
and ready for the signatures of the President and Secretary, the following Senate bills, to-wit:
A bill To amend section 2558 of the Code."
Also a bill "To carry into effect article 2, section 5 of the Constitution."
Also a bill "To provide for the return of special taxes by the collectors of this State."
Also a bill 'To amend section 3293 of the Code."
Also a bill "To extend the mode of proving administration and guardianship."
Also a bill ''To authorize creditors of any person making a voluntary assignment, to compel the assignee to give security to discharge his trust."
Also a bill ''To prevent illegal voting."
Also a bill ''To carry into effect paragraph 5, section 2, article I of the Constitution."
The Senate took up, as the report of the Committee of the Whole, the bill of the House ''To amend section 279 of the Code of Georgia, in relation to the appointment of county judges."
The Judiciary Committee reported a substitute for the same, which was adopted.
The report, as amended, was agreed to.
The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 24; nays, o.
Mr. McDaniel, chairman of the CommitteeofConference on the bill of the House "To carry into effect paragraph 2, section 18, article 6 of the C~nstitution, so as to provide for the revision of the jury box, and for other purposes," submitted a report of said committee, recommending that the House recede from its disagreement to the substitute of the Senate for said bill, and agree to the same with the

JOURNAL OF THE SENATE

amendment herewith submitted as a substitute.

(Signed.)

HENRY D. McDANIEL,

Chairman Senate Committee.

B. M. DAVIS,

Chairman House Committee. .

The foregoing report was adopted.

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

ihe Whole, the bill of the House "To amend sections

2842 and 2844 of the Code of this State."

The report was agreed to.

The bill was read the third time and passed, by a consti-

tutional majority, there being ayes, 27; nays, o.

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

the Whole, the bill of the House ''To repeal an act

approved February 27th, 1877, to repeal an act entitled an

act to create a County Court in each county of this State,

except certain countiestherein named, approved January

9th, 1872, so far as the same applies to the county of

Dode, and to abolish the County Court of Dodge county."

[Mr. Hamilton of the 14th submitted to the Senate sat-

isfactory evidence that legal notice had been given of in-

tention to apply for the passage of this bill.]

The report was agreed to.

The bill was read the third time and passed, by a con

stitutional majority, there being ayes, 25; nays, o.

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

Whole, the bill of the House 'Fixing the license fees for

the sale of spirituous, intoxicating and malt liquors in the

county of Pierce and town of Blackshear, in said county,

and for other purposes."

[Mr. Holton submitted to the Senate satisfactory evi

dence that notice of intention to apply for the passage of

this bill had been legally given.]

The report was agreed to.

The bill was read the third time and passed, by a consti-

tutional majority, there being ayes, 28 ; nays, o.

OCTOBER 14,. 1879
The bill ''To amend the act incorporating the town of Oxford, in Newton county, approved December 23d, 1839, and other acts amendatory thereof, so as to empower the board of commissioners of said town to enforce the laws and ordinances regulating the working of the roads and streets of said town, and for other purposes," was taken up. on motion of Mr. McDaniel.
The Committee on Corporations reported a substitute for the same.
The substitute was adopted. The report, as amended, was agreed to. The bill was read the third time and passed,~as amended, by a constitutional 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 "To prevent the depredation of hogs in the county of Morgan, and to prescribe a penalty for the same." [Mr. Preston submitted satisfactory evicience that notice of intention to apply for the passage of this bill had been legally given."] The Committee on Local and Special Bills reported a substitute. The same was adopted. The report; as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 24; nays, o. The Senate took up, as the ret.Jort of the Committee of the Whole, the bill of the House ''To incorporate the Rome Street and City Park Railroad Company, and for other purposes." [Mr. Hawkins submitted to the Senate satisfactory evidence that legal notice of intention to apply for the pas sage of this bill had been given.] The report was agreed to. The bill was read the third time and passed, by a consti tutional majority, there being ayes, 26 ; nays, 0;

JouRNAL oF THE SENATE

The Senate took up the report of the Judiciary Committee on the bill of the House ''To require all clerks of the Superior and City Courts to make immediate record of certain original papers," etc.

There was a majority and minority report on the bill, the majority favoring the passage and the minority of the committee being adverse thereto.

The minority report was, on motion, taken up and agreed to, and the bill, therefore, lost.

The adverse report of the Finance Committee on the bill of the House "To provide for a uniform assessment of railroad property in this State, and for other purposes," was taken up, the bill read the second time, the adverse report agreed to, and the bill was therefore lost.

The Senate on motion, went into executive session, and, returning to open session, adjourned until 3~ o'clock, p. m., this day.

3:30 o'cLOCK, P. M.

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

On motion of Mr. Hudson, it was ordered that all House bills passed this morning be transmitted to the House.

The Senate took up, as the report of the Committee of the Whole, the bill "To prohibit Judges of the Superior Courts in this State from limiting the arguments of counsel and parties in the trial of causes in said courts."

The report 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.

Boyd, Bryan, Cabaniss, Clements, Drake,

Grantland,
Grimes, Hamilton of the 14th, Harrison,
Hawkins,

Prc~ton,
Simmons, Staten, Stephens. Tison of the 4th,

OCTOBER IS, 1879

DuBose, Duncan, Fain, Folks,

Holton, Hudson, Lumpkin, Perry,

Troutman, Turner, Wall, MR. PRESIDENT.

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

Bower, Candler,

Holcombe,

Tison of the lOth.

Ayes, 27. Nays, 4

So the bill was passed by a constitutional m;:~Jority, and

qrdered to be transmitted to the Senate without delay.

The bill of the House "To regulate the manner of

giving in wild land for taxation, and the sale and redemp-

tion thereof, and for other purposes," was taken up and,

on motion of Preston, indefinitely postponed.

The Senate, on motion, adjourned until 9 o'clock, a.m.,

tomorrow.

SENATE CHAMBER, } Wednesday, October 15th, 1879, 9 o'clock, a. m.

The Senate met pursuant to adjournment, the President

in the chair.

Prayer by the Chaplain.

On the call of the roll, the following Senators answered

to their names, to-wit :

Boyd, Bower, Bryan, Cabaniss, Uandler, CClleamrke~ets, Clifton, Cumming, Drake, DuBose, Duncan, Fain, Folks,

Grantland, Grimes,
Hamilton of the 14th, Hamilton of the 21st, Harrison, Hawkins,
Head, Hodges, Holcombe, Holton, Howell, Hudr.on, Lumpl.;in,

McDaniel, Perry, Preston, Simmons, Htaten, Stephens, Tison of the 4th, Tison of the 1Oth, Troutman, Turner, Wall,
Wellborn,
MR. PRESIDENT.

The journal wa.s read and approved.

Mr. Bower moved the reconsideration of so much of the

journal of yesterday as relates to the loss of a bill of the

House ''To provide for a uniform assessment of railroad

JouRNAL OF THE SENATE
property in this State, and for the collection and return of taxes thereon. "
On motion of Mr. Cabaniss, the motion to reconsider was laid on the table.
The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof:
The House of Representatives has passed the following bills of the Senate, to-wit :
A bill "To be entitled an act for the prevention of cruelty to animals, and to repeal all existing laws on said subject, to-wit: the act entitled an act for the prevention of cruelty to animals, approved March 1st, 1875, and an act to alter and amend an act for the prevention of cruelty to animals, approved March 23d, 1876,"
Also a bill ''To be entitled an act to make certain enclosures therein defined a lawful fence, and to extend the same existing provisions of law on the subject of lawfu 1 fence."
The House refuses to concur in the 1st amendment, and concur in the zd and 3d amendments of the Senate, to the following bill of the House, to-wit:
A bill ''To be entitled an act to establish State deposi tories in the cities of Atlanta, Athens, Augusta, Columbus, Macon, Savannah, Rome, Americus, Albany, Gainesville, Hawkinsville, Griffin and LaGrange, and to prescribe their duties and liabilities," and I am instructed to transmit the same to the Senate forthwith.
The House refuses to concur in the action of the Sen. ate in the passage of the following bills, to-wit:
A bill ''To be entitled an act to alter and amend an act to empower the judges of the Superior Courts of this State to appoint or employ a reporter or stenographer in their courts ; to define the duties of such reporter or stenographer, fix his fees, and for other purposes,"
Also a bill "To be entitled an act to incorporate the Darien Bank and Trust Company."

OCTOBER Is. 1879
Also a bill ''To be entitled an act to regulate and fix the compensation for receiving tax returns and collecting tax, when, by law, both the offices of tax receiver and tax collector are consolidated."
Also a bill ''To be entitled an act to fix the fees to be paid to ordinaries and surveyors by applicants for the homestead and exemptions under the provisions of the Constitution of 1877."
Also a bill "To be entitled an act to provide for allowing defendants in cases of the levy of distress warrants to replevy property distrained in forma pauperis."
Also a bill "To amend section 4th of an act to render more efficient the inspection and analysis of fertilizers, approved February 26th, 1877."
The House has agreed to the following resolutions, towit:
Resolutions "Submitting the question of the continuance of the Agricultural Department to the legal voters of this State," and I am instructed to transmit the same to the Senate forthwith . . The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof: J.lft. Pres?'dent : The House of Representatives has agreed to the following resolution, in which they ask the concurrence of the Senate, to-wit:
A resolution ''Relative to furnishing convictsto the Marietta and North Georgia Railroad," and I am instructed to transmit the action of the House to the Senate forthwith.
I am also instructed by the House to transmit to the Senate the. report of the special committee upon the affairs of the office of the Public Printer.
The House has concurred in the amendments of the Senate to the following bills of the House, towit :
A bill ''To be en tiled an act to amend section 279 of

JoURNAL OF THE SENATE
the Code of Georgia, in relation to the appointment of county judges."
Also a bill ''To be entitled an act to prevent the depredation of hogs in the county of Morgan, and to prescribe a penalty for the same."
Also a bill "To be entitled an act to prohibit the charging, demanding or receiving any fee, perquisite, or compensation, other than his salary, by the AttorneyGeneral of this State, and to prescribe a punishment therefor, carrying out paragraph 1, section 13, article 6, of the Constitution of this State, adopted December 5th, 1877, and for other purposes."
Mr. Wellborn, chairman of the Committee on Enrollment, submitted the following report: Mr. Presidmt :
The Committee on Enrollment report as duly enrolled, and ready for the signatures of the President and Secretary:
A bill "To make certain enclosures lawful fences." Also a bill "To amend section 898 of the Code." Also a bill ''To carry into effect section 4, paragraph 9, article 6 of the Constitution." Also a bill "To prescribe fees of solicitors of County Courts." Also a bill ''"To amend an act to require the payment of moneys arising from fines and forfeitures into the county treasury." Also a bill "To repeal all local or special laws consolidating the offices of the tax collector and receiver in any of the counties of this State." Also a bill 'To amend section 3962 of the Code.'' Also a bill 'To prescribe the manner offoreclosing certain chattel mortgages." On motion of Mr. Hudson, the Senate took up and receded from its amendment to the bill of the House creating State depositories in certain cities in this State, by which the cities of Rome, Americus, LaGrange, Gaines-

OCTOBER 15, 1879
ville, Griffin and Hawkinsville, were stricken from said bill.
The resolution of the House:' 'Submitting the question of the continuance of the Agricultural Department to the legal voters of this State," was taken up and laid on the table.
Mr. Troutman, chairman of the Committee on Agriculture, made a report on a certain bill, which report was read.
Mr. Troutman, chairman of the Committee on Agriculture, reported a resolution ''In relation to the inspection of fertilizers," which, on motion of Mr. Clements, was laid on the table.
Mr. Clarke introduced a resolution concerning the delivery and distribution of the stenographic reports in the impeachment trials of the present session. The same was read and agreed to.
Mr. Preston offered a resolution relating to public printing, which was taken up and referred to the Judiciary Committee.
The joint resolution from the House "Relative to fur nishing convicts to the Marietta and North Georgia Railroad," was taken up for action, and, on motion, referred to the Committee on the ] udiciary, with instructions that they consider and report thereon in a half hour. The Senate, on motion, took a recess for this period. At the expiiation of the time of recess, the ] udiciary Committee asked that they be allowed one-half hour longer to complete their report. The request was granted and the Senate took another recess for a half hour.
At the expiration of the recess, the President called tbe Senate to order.
The following message was received from His Excellency the Governor, through Mr. Avery, his Secretary, to-wit: Mr. Prest"dent:
I am directed by His Excellency, the Governor, to

JouRNAL OF THE SENATE
deliver to the Senate a sealed communication, to which he invites, respectfully, the consideration of your honorable body in executive session.
The following message was received from the House of Representatives, through Mr. Goetchius, the clerk thereof: Mr. President:
The House of Representatives has passed the following Senate bills, to-wit:
A bill "To be entitled an act to amend section 4159 of the Code of r873, in relation to the trial of claim cases in Justices Courts."
Also a bill "To be entitled an act to provide for the compensation of jurors for services in Justices' Courts, and for other purposes," with an amendment, in which they ask the concurrenc of the Senate.
The House refuses to concur in the action of the Senate in the passage of a bill ''To be entitled an act to require the owners of properry, whether real, personal or mixed, to give in and pay the tax upon the same, in the cou :y where the property is located, kept or used."
The House of Representatives has passed the follo,,, i g Senate bills, to-wit :
A bill ''To be entitled an act to regulate the public. ~ion and sale of the Supreme Court reports, and to fix the salary of the reporter," with an amendmeut, in which they ask the concurrence of the Senate.
Also a bill ''To be entitled an act to define by re-survey the county lines of this State, when the same are unknown, or are in dispute, and for other purposes," with an amendment, in which they ask the concurrence of the Senate.
The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof: 1Wr. President:
The House of Representatives has passed the following bill of the Senate, to-wit:
A bill "To be entitled an act to amend sections 2042 and

0CTOB:Ii:R 15, 1879
2043 of the Code of 1873, the former of which provides for laying off and platting the homestead allowed by said Code, and the latter of which provides for the trial of objections to the survey of the same."
The House of Representatives has receded from its disagreement to, and concurs in the amendment of the Senate to the following bill of the House, to-wit:
A bill 'To be entitled an act to repeal an act to make minors partiPs to proceedings in the Courts of this State, approved 25th February, 1876."
The House has re..:eded from its disagreement to the Senate amendment, and concurred in Senate amendment, with the amendment offered by the report of the conference committee, to the following bill of the House, to-wti :
A bill "To be entitled an act to carry into effect para-
graph z, section 18, article 6 of the Constitution, so as to
provide for the revision of the jury box, and for other purposes."
The House has passed the following bill of the Senate, to-wit:
A bill "To be entitled an act to provide when and how suits may be brought against the Macon and Brunswick Railroad," with an amendment, in which they ask the concurrence of the Senate.
The House refuse to concur in the action of the Senate in the passage of the following bill, to-wit:
A bill "To be entitled an act to amend section 1620 of the Code of Georgia, authorizing the formation of limited partnerships in various business, for the purpose of adding to the list the banking business."
The House has agreed to the following resolution, in which they ask the concurrence of the Senate, to-wit:
A resolution requesting the Senators and Representatives in Congress, from thi~ State, to urge that body to appropriate the money_now in the treasury of the United States be-

JouRNAt oF THE SENAtE

longing to the colored soldiers of the South to the University of Atlanta, Ga.

Mr. Wellborn of the 40th offered the following resolution, which was taken up, read and agreed to, to-wit:

Resolved by tlze Senate, That the Committee on Enroll ment and the Secretary of the Senate be, and they are hereby authorized, to remain at the Capitol one day after the adjournment of the General Assembly, for the purpose of superintending and bringing up the unfinished business of the Senate, viz: the enrollment of bills and resolutions.

Mr. McDaniel, chairman of the Committee of Confer ence on the bill of the House "To repeal an act to make minors parties to proceedings in the courts of this State, approved February 25, 1876," made the following report:

Mr. Preszdent:

The Conference Committee of the Senate and House of

of Representatives, on the bill entitled an act "To repeal

an act entitled an act to make minors parties to proceedings

in the courts of this State, approved February 25, 1876,

etc.," respectfully recommend that the House recede from

its disagreement to the amendment proposed by the Senate

to said bill.

(Signed,)

HENRY D. McDANIEL,

Chai'rmmz Senate Committee.
}OHN J. KIMSEY,

Clzairman House Committee.

The Senate, on motion of Mr Clarke, took up and concurred in the Hciuse amendments to the following bills of the Senate, to-wit:
, A bill "To provide when and how certain suits may be brought against the Macon and Brunswick Railroad."
A bill "To regulate the publication and sale of the Su preme Court Reports, and to fix the salary of the Re-

porter." A bill "To define, by re-survey, the county lines of this

6s5
State, when the same are unknown, or are in dispute, and for other purposes."
A bill ''To provide for the compensation of jurors for services in justices courts, and for other purposes."
Mr. McDaniel, chairman of the Judiciary Committee, made a report on the joint resolution from the House in relation to supplying convicts to the Marietta and North Georgia Railroad Company.
The same was, on motion of Mr. Simmons, taken up.
The Committee on the Judiciary reported in favor of the passage of the resolution, with the following amendments, to-wit:
By striking out the word "Governor," and inserting, in lieu thereof, the words: ''Principal Keeper of the Penitentiary."
Amend by the following: ''And it shall be lawful for any person interested, natural or artificial, by writ of mandamus or prohibition, directed to saiJ Principal Keeper, to have any alleged right of such person adjudicated."
Mr. Grimes moved to amend by the following proviso, to-wit: "Provided, That if the two hundred and fifty convicts are delivered to the railroad company, the hire to be paid by the three penitentiary companies shall be reduced pro rata."
Mr. Hudson called for the "previous question." The call was sustained, and the ''main question" was put, to-wit:
I. The proposed amendment of Mr. Grimes, which was not agreed to.
2. The amendments proposed by the Committee on the Judiciary, which were agreed to.
3 The report of the Committee of the Whole, as amended, which was agreed to.
4 The question of conc~rring in the resolution, as amended."

JouRNAL OF THE SENATE

On this proposition, the ayes and nays were required to be recorded.

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

Boyd,
Bower, Bryan, Cabaniss, Candler, Clements, Cumming,
Drake, DuBose,

Duncan,
Fain, Folks, Hamilton of the 14th, Harrison, Hawkins, Head,
Holcombe, Holton,

Howell,
Hudson, Perry, Preston, Simmons, Turner, vVall,
Wellborn, MR. PRESIDENT.

Those who \'oted in the negative are, to-wit-Messrs.

Clarke, Grantland,
Grimes,. Hamilton of the 21st,

Hodges, Lumpkin,
McDaniel,

Stephens,
Tison of the 4th, Tison of the lOth.

Ayes, 27. Nays, 10.

So the resolution, as amended, was concurred in.

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

The House of Represe'ntatives has passed the following Senate bills, to-wit :

A bill "To be entitled an act to alter and amend section 4370 of the revised Code of Georgia, which relates to the description and punishment of the offense of shooting- at another."

Also a bill ''To be entitled an act to provide that motions for new trials in the Superior Courts of this State shall not be entered upon the minutes, except by order of the presiding judge."

The following Senate bills, with amendments, in which they ask the concurrence of the Senate, to-wit:

A bill "To be entitled an act for the prevention of cruelty to children."
Also a bill 'To be entitled an act to provide for the choice of arbitrators, in cases of disagreement upon returns ofcorporations, companies, persons or institutions required by

6st
law to make returns for taxation to the Comptroller-General, and of assessment by the Comptroller-General."
The House has also passed the following bills of the Senate, to-wit:
A bill "To be entitled an act to amend section 1458 of the Code of this State (of 1873), in relation to the penalty for setting fire to woods without notice."
Also a bill "To be entitled an act to declare the effect upon third parties of the record of mortgages in certain cases."
The Senate took up, as the report of the Committee of the Whole, the bill of the House ''To amend an act entitled an act to amend an act to establish a County Court in Coweta county, approved March 2d, 1874, which amendatory act was approved February 16th, 1876."
[Mr. Duncan submitted to the Senate satisfactory evidence of compliance with law in relation to notice of intention to apply for the passage of this bill.]
The report was agreed to. The bill was read the third time and passed, by a constitutional majority of ayes, 3 I ; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill of the House "To amend an act in corporating the town of Forrestville, in the county of Floyd, so as to limit and diminish the boundaries of said town." [Mr. Hawkins submitted to the Senate satisfactory evidence that the legal requirements had been complied with in relation to notice of intention to apply for the passage of this bill.] The report was agreed to. The bill was read the third time and passed, by a consti-
tutional majority, there being ayes, 27 ; nays, o.
The Senate took up, as the report of the Committee of the Whole, the bill of the House "To create a board of commissioners of roads and revenue for the county of Tay-
42

6ss

JouRNAL OF THE SENATE

lor; define their powers and duties, and for other put" poses."
[Mr. Clements submitted satisfactory evidence that the legal notice of intention to apply for the passage of this
bill had been given. J '
The report was agreed to. The bill was read the third and passed, by a constitutional majority, there being ayes, 27; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill of the House "To repeal an ad approved March 4th, 1875, in reference to the transfer of criminal cases in Telfair Superior Court, and for other purposes." [Mr. Clements submitted satisfactory evidence of compliance with the law in regard to notice of intention to ap-
ply for the passage of this bill. J
The report was agreed to. The bill was read the third time and passed, by a constitutional majority of ayes, 25; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill of the House ''To amend an act to regulate the traffic in seed cotton in the counties of Decatur and Randolph, and for other purposes therein named, approved 2oth day of February, 1876, so as to extend the provisions of said act to the county of Lee." [Mr. Tison of the 10th submitted satisfactory evi dence of a compliance with the law in relation to notice of intention to apply for the passage of this bi!l.] The report was agreed to. The bill was read the third time and passed, by a constitutionai majority of ayes, 33; nays, o. The Senate took np, as the report of the Committee of the Whole, the bill of the House "To regulate the traffic in corn and cotton seed outside of incorporated towns within the limits of the county of Thomas, in this State, 1 and to prescribe a penalty for unlawful traffic in the same."

OCTOBER Is. 1879

659

lMr. Turner submitted to the Senate satisfactory evi-
dence that the law requiring notice of intention to apply
J for the passage of this bill had been complied with.

The report was agreed to.

The bill was read the third time and passed, by a con. stitutional majority, there being ayes, 31 ; nays, o.
The Senate took up, as the report of the Committee of the Whole, the bill of the House ''To authorize the clerk of the Superior Court of Chatham county, and the clerk of the City Court of Savannah, to require a deposit for the payment of C05ts, and for other purposes."

[Mr, Grantland submitted satisfactory evidence that legal

notice of intention to apply for the passage of this bill had

been given.]



The report was agreed to.

The bill was read the third time and passed, by a consti-

tutional rp.ajority of ayes, 3 I ; nays, o.

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

the Whole, the bill of the House "To regulate the time

of holding the Superior Courts in the several counties of

the Rome Circuit."

The report 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.

Candler, Clarke, Cumming, Duncan, Flks, Grantland,
Hamilton of the 14th,

Hamilton of the 21st, Head, Hodges, Holcombe, Hudson, Lumpkin,
McDaniel,

Perry, Preston,
Tison of the lOth, Turner, Wall,
Wellborn.

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

Bower, Clements,

Drake, Holton.

Stephens.

Ayes, 20. Nays, 5

There not being a constitutional majority voting in the affirmative, the bill was lost.

66o

JouRNAL OF THE SENATE

Mr. Head gave notice that he should move a reconsideration this p. m.
Mr. Wellborn, chairman protem. of the Committee on
Enrollment, submitted the following report : Mr. President : .
The Committee on Enrollment report as duly enrolled, and ready for the signature of the President of the Senate and Speaker of the House of Representatives, the following acts, to-wit:
An act ''To amend sections 2042 and 2043 of the Code of 1873, the former of which provides for laying off and platting the homestead allowed by said Code, and the latter of which provides for the trial of objections to the survey of the same."
Also an act ''To provide for the better organization, government and discipline of the volunteer troops of this State," etc.
Also an act ''For the prevention of cruelty to animals, and to repeal all existing laws on said subject.
Mr. Wellborn, chairman of the Committee on Enrollment, sub::nitted the following report : Mr. President_.
The Committee on Enrollment report as duly enrolled, signed by the Speaker of the House of R.:presentatives, and ready for the signature of the President of the Senate, the following acts, to-wit :
An act "To alter and amend the road laws, so far as relates to the county of Effingham, and for other purposes."
Also an act "To regulate the rates and manner of legal advertising in this State, and to prohibit ordinaries, sheriffs, coroners, clerks, marshals or other officers from receiving or collecting, either from plaintiffs or defendants, other or greater fees than herein provided, and making a disregard of the requirements of this act extortion, and prescribing a punishment therefor."

OCTOBER IS, 1879

66l

Also an act ''To incorporate the Carnesville Railroad

Company, and for other purposes." Also an act "To prohibit the making or selling of any
spirituous liquors within two miles of any church or place of public worship in Sheffield district, Rockdale county, of

this State."

Also an act "To amend section 61 r of the Code of 1873,

and for other purposes."

Also an act ''To regulate the practice in the Superior

Courts of this State."

Also an act "To provide for the regulation of railroad

freight and passenger tariffs in this State, and for other

purposes."

Also a resolution of instruction to the Comptroller-

General.

c. J. WELLBORN,

Chairman, pro tem.

The Senate, on motion of Mr. McDaniel, went into executive session, and having returned to open session, adjourned until 3 o'clock, p. m.
3 o'cLOCK, P. M. The Senate met pursuant to adjournment, the President in the chair.

The amendments of the House to the following Senate bills were taken up and concurred in, to-wit :
A bill ''For the prevention of cruelty to children," and A bill "To provide for the choice of arbitrators in cases of disagreement upon returns of corporations, companies, persons or institutions required by law to make returns for taxation to the CemptrollerGeneral, and of assessment by the Comptroller-General."

The Senate took up, as the report of the Committee of the Whole, the bill of the House ''To authorize the Cumming Manufacturing Company to borrow money on bond, mortgage or other security, and for other purposes."

662

JouRNAL OF THE SENATE

[M.r. Cumming submitted to the Senate satisfactory evidence that the law in relation to notice of intention to apply for the passage of this bill had been given.]
The report was agreed to. The bill was read the third time and passed, by a 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 "To incorporate the Canal Steamboat Company; to define the powers of the same, and for other purposes."
[Mr. Cumming submitted to the Senate satisfactory evidence that the legal notice of intention to apply for the
passage of this bill had been given. J
The report was agreed to. The bill was read the third time and passed, by a constitutional majority, there being ayes, 24; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill of the House "To extend the corporate limits of the city of Savannah." [Mr. Grantland submitted to the Sentate satisfactory evidence that legal notice of intention to apply for the passage of this bill had been given.] The report was agreed to. The bill was read the third time and passed, by a constitutio.nal majority, there beinj?" ayes, 25; nays, o. The"following message was received from the Housl!: of Representatives, through Mr. Goetchius, the Clerk thereof: Mr. President: The House of Representatives has refused to concurr in the action of the Senate in passing the following bills,
to-wit: A bill "To be entitled an act to amend chapter 3, title
16, part 1 of the Code of 1873, embracing sections 1394 to 1409 inclusive, in relation to physicians and druggists."
Also a bill ''To be entitled an act to prevent fishing with seines, or nets of any description, within one-half mile

OCTOBER IS, 1879
below or above any dam erected across any navigable stream in this State, and to make the same a penal offense, and for other purposes therein named.
The House has passed the following Senate bill, to-wit : A bill ''To be entitled an act to declare and establish the flag of Georgia." The House of Representatives has passed the following bills of the Senate, to-wif: A bill ''To be entitled an act to amend section 64 of the Code of Georgia, authorizing the Governor to buy property in certain cases, by striking out the words 'except
tax .ft. fas.,' in the 3d line of said section."
Also a bill ''To be entitled an act to prevent and suppress the introduction, exhibition and circulation of obscene literature," etc.
Also a bill "To be entitled an act to require the Governor to appoint a competent physician as one of the Board of Trustees of the Lunatic Asylum."
Also a bill ''To be entitled an act requiring receivers and collectors:of taxes in this State to return, by name, dealers in spirituous, vinous or malt liquors, or intoxicating bitters, and to give the amount of special tax paid by each dealer or firm; any person from whom a special tax has been received, and the date of said payment, and for other purposes."
Also a bill 'To be entitled an act to change the time of holding the Superior Courts of Douglas county," with an amendment, in which they ask the concurrence of the Senate.
The House of Representatives has concurred in the amendments of the Senate to the following resolution of the House, to-wit:
A resolution 'Relative to furnishing convicts to the Marietta and North Georgia Railroad. "
The Senate took up, as the report of the Committee of the Whole, the bill of the House ''To prohibit the sale of

66..j.

jOURNAL OF THE SENATE

intoxicating liquors within two miles of Johnson's Church, in the county of Warren."

Mr. DuBose moved the indefinite postponement of the bill, and, on this motion, Mr. Hodges required the ayes and nays to be recorded.

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

Cabaniss, Clements, Cumming, DuBose, Fain,

Hamilton of the 14th, Hamilton of the 21st, Harrison Hawkins: Lumpkin,

McDaniel,
Preston, Tison of the 1Oth,
Wellborn.

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

Bower, Bryan,
Candler, Clarke, Drake,

Duncan, Folks,
Grantland, Hodges, Holton,

Hudgon, Simmons, Stephens, Wall,
MR. PRESIDENT.

Ayes, I4. Nays, IS-

So the motion to indefinitely postpone did not prevail.

The report wa!:> agreed to. The bill was read the third time, and, on the question of its passage, Mr. Stephens required the ayes and nays to be recorded.

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

Bower, Bryan,
1 Iarke, Drake,
Duncan,

Folks, Hamilton of the 14th,
Hodges, Holton,
Hudson,

Simmons, Stephens, Wall,
MR. PRESIDENT.

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

Cabaniss, Clements, Cnmming,
DuBose, Fain,

Grantland,, Hamilton of the ~1st,
Harrison, Hawkins, Lumpkin,

McDaniel,
Perry, Preston, Tison of the 10th,
Wellborn.

Ayes, I4. Nays, IS. So the bill, not having received a constitutional majority,

was lost. The Senate took up, as the report of the Committee of
the Whole, the bill of the House "To incorporate the Stonewall Insurance Company, of Augusta, Georgia."

OcTOBER I 5, 1879

665

[Mr. Cumming submitted satisfactory evidence that legal
notice of intention to apply for the passage of this bill had
been given. J

The report was agreed to.

The bill was read the third time and passed, by a con-

stitutional majority of ayes, 25; nays, o.

The bill of the House "To amend section 103 I of the Code of Georgia, and to reduce the number of copies of the journals and public laws," was taken up and indefinitely

postponed.

The Senate took up, as the report of the Committee of the Whole, the bill of the House ''To encourage immigration to Georgia, and for other purposes."

Mr. Clark moved to amend by striking out from and including the words "the Governor," down to and including the words ''person to be," and inserting, in lieu thereof, the words "Simeon T. Jenkins, of Atlanta, Ga."

Add, also, these words to section 8: ''The Governor, with the advice and consent of the Senate, may appoint the successors to the agent herein appointed."

On the question of adopting the amendments proposed by Mr. Clarke, the ayes and nays were required to be recorded.

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

Bower, Bryan,
Candler,
Clarke, Clements, Cumming,
DuBose, Duncan,

Fain, Folks,
Hamilton of the 14th,
Hamilton of the 21st, Harrison, Head,
Hodges, Holton,

Hudson, .McDaniel.
Simmons: Stephens, Wall, Wellborn,
.MR. PRESIDENT.

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

Grantland, Grimes,

Lumpkin, Perry,

Ayes, 23. Nays, 6.

Preston, Tison of the lOth.

So the amendments were received.
The report, as amended, was agreed to.

666

JouRNAL OF THE SENAT~

The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 24; nays, 6.
The following message was received from House of Representatives, through Mr. Goetchius, the Clerk thereof: Mr. President:
The House of Representatives has refused to concur in the action of the Senate in passing the following bills, to-wit:
A bill "To be entitled an act to amend section 661 of of the revised Code of 1873, in relation to the amount of the fine to be imposed upon road commissioners."
Also a bill "To be entitled an act to make it unlawful to kill under certain circumstances," etc.
The House has passed the following bill of the Senate, to wit:
A bill "To be entitled an act to fix the time for holding the fall terms of the Superior Courts in the counties of Union and Towns, and for other purposes," with an amendment, in which they ask the concurrence of the Senate.
The House has concurred in the amendments o: the
Senate to the following bill of the House, to-wit : A bill "To be entitled an act to empower the authoricies
of the city of Darien, in this State, to compel wharf owners to keep their wharves in good order, and owners of improved lots in said city to construct and keep in repair suitable pavements in front of the same, and to adopt and enforce certain other sanitary measures, on the_recommendation of the city bodrd of health."
The House of Representatives has concurred in the following resolution of the Senate, to-wit:
A resolution In relation to the destruction of useless papers in the Secretary of States' office."
The Senate took up, as the report of the Committee of the Whole, the bill of the House ''To change the time of holding the Superior Courts in the county of Washington."

s, OcTOBER 1 1879-

The report was agreed to.

The bill was read the third time and passed, by a consti-

. tutional majority, there being ayes, 25 ; nays, o.

Mr. Cumming offered the following resolution, which

was taken up and agreed to:

"Resolved, That the House be informed that the Senate

will be ready to adjourn at 5 o'clock, p. m., this day."

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

the Whole, the bill of the House ''To constitute the lessees

of the Macon and Brunswick Railroad, in the event said

road is leased, agents for the State, for certain purposes

therein named, and for other purposes."

The report 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.

Bryan, Cabaniss,
Candler, Clarke, Clements, Drake, DuBose, Duncan, Fain,

Folks, Grantland,
Hamilton of the 14th, Hamilton of the 21st, Harrison, Hawkins, Head, Holton, Hudson,

Lumpkin, McDaniel,
Perry, Preston, Simmons, Stephens, Tison of the 10th, Wall, Wellborn.

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

Bower,

Hodges,

MR. PRESIDENT.

Ayes, 27. Nays, 3

So the bill was passed by a constitutional majority.

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

the Whole, the bill of the House ''For the protection of

game and birds in the county of Houston, to prohibit the

killing trapping or netting the same, or buying, selling or

offering for sale the same, during certain months, in said

county, to provide penalties for so doing, and for other

purposes."

[Mr- Clements submitted to the Senate satisfactory evi-

dence that legal notice of intention to apply for the passage
of this bill had been given. J_

668

JouRNAL oF THE SENATE

The report was agreed to.
The bill was read the third time and passed, by a constitutional majority, there being ayes, 26 ; nays, o,
The Senate took up, as the report of the Committee of the 'Whole, the bill of the House ''To amend an act chartering the board of trustees of the Mount Vernem Institute, and incorp~rting the town of Riddleville, in Washington county, Georgia, approved December 17, 1857, and creating a new board of commissioners, giving them certain privileges, etc., and for other purposes."
LMr. DuBose submitted satisfactory evidence that legal
notice of intention to apply for the passage of this bill had been given.]
The report was agreed to.
The bill was read the third time and passed, by a constitutional majority, there being ayes, 25 ; nays, o.
The Senate took up, as the report of the Committee of the \Vhole, the bill of the House ' To be entitled an ::ct to provide for a local board of trustees for the Middle Georgia Military and Agricultural College, and the m:>:mer of filling vacancies, and subjecting the acts of said board to the approval or disapproval of the board of trustees of the University of Georgia."
The report was agreed to. The bill was read the third time and passed, by a constitutional majority, of ayes, 24 , nays, o. Mr. Wellborn, chairman pro ton. of the Committee on Enrollment, submitted the following report : .Mr. Preszdent: The Committee on Enrollment report as duly enrolled, and ready for the signature of the President and Secretary of the Senate, the following acts, towit: An act ''To amend section 1458 of the revised Code of this State, of 1873, in relation to the penalty for setting fire to woods without notice."

OcTOBER 15, 1879.

Also an act "To declare the effect upon third parties of

the record of mortgages.''

Mr. \Vellborn, chairman of the Enrolling Committee,

submitted the following report:

.Jlfr. President: The Committee on Enrollment report as duly enrolled,

and ready for the signatures of the President and Secretary, the following Senate bills :
A bill "Requiring the Governor to appoint a competent physician as one of the board of trustees of the Lunatic

Asylum." Also a bill ''To provide for the .choice of arbitrators in

case of disagreement upon returns of corporations, compa.

nies, etc. '' Also a bill "To amend section 4159 of the Code." Also a bill "To provide for the compensation of jurors

for services in Justices' Courts."

Also a bill "To provide that motions for new trials in the Superior Courts shall not be entered on the minutes."

Also a bill ''To regulate the publication and sal.! of the Supreme Court reports."

Also a bill "To amend section 64 of the Code."

Also a bill "To define by resurvey the county lines of this State, when the same are unknown."

The following message was received from the House of

Representatives, throug-h Mr. Goetchius, the Clerk

thereof:



Mr. Presz'dent:

The House has indefinitely postponed the following Senate resolutions, to-wit :

A resolution "To consolidate Committees on the Penitentiary."

Also a resolution "Requesting the Senators and Repre-

sentatives of the present Congress of the United States,

and the said Senators and Representatives of the 46th Congress, to use their influence and best exertions to pro-

670

)ouRNAi. oir niE SENATit

cure, at as early date as possible, a repeal of the resumption act, and of the national bank act-the substitution of legal treasury notes for the national bank circulation, making ~aid legal tender currency receivable for custom's dues, and for other purposes."
Also a resolution ''Determining the meaning and intent to adjourn on the I 3th inst."
Also a resolution ''In relation to the reduction of post. age on certain publications of State boards of agriculture," etc.
Also a resolution ''To elect certain Solicitors-General.".
Also a resolution "To report on North Ceorgia Agricultural College."
The House has concurred in the following Senate resolutions, to-wit :
A resolution ''Re.;arding barge line from mouth of St. Mary's river to Mississippi river."
Also a resolution "To memorialize Congress to clean out the Savannah river, so as to make it navigable for steamboats," with an amendment, in which they ask the concurrence of the Senate.
The House refuses to concur in the Senate amendments to the following bill of the House, to-wit:
A bill "To be entitled an act to encourage immigration to Georgia, and for other purposes," and respectfully requests the Senate to recede therefrom.
The Senate took up, as the report of the Committee of the \
Whole, the bill of the House "To amend an act to authorize and require the registration of voters in Camden county, in this State, and for other purposes, approved February 26th, I8J7."
The report was ag-reed to. The bill w.1s read the third time and passed, by a constitutional majority of ayes, 26 ; nays, o. Mr. Hudson offered the following resolution, which was

67t
taken up, under a suspension of the rule, and agreed to, to-wit:
"Resolved, That Jackson T. Taylor, Journalizing Clerk of the Senate, be, and he is hereby, authorized and directed to collate the proceedings of the Court of Impeachment in the cases of W. L. Goldsmith and John W. Renfroe, from the journals of the proceedings of the Senate proper, and that he be allowed for the same $4 per day for the time he may be eng~tged in said work ; Provt'ded, he shall not be engaged a longer period than fifteen days in said work, and he be paid for the same out of the contingent fund on his account stated."
On motion of Mr. Clarke, the foregoing resolution was reconsidered.
The same was, on moti....n, taken up, and, on motion of Mr. Clarke, amended by adding thereto the words ''or the fund appropriated to pay the expenses of the said impeachment trials."
The resolution, as amended, was adopted. Mr. Head moved a reconsideration of so much of the journal of the morning of this day as relates to the refusal of the Senate to pass the bill of the House "To regulate the time of holding the Superior Courts in the several counties composing the Rome Circuit, of this State " The same was reconsidered, and, on motion of Mr. Clements, amended by striking from the bill the word "Paulding," wherever it occurs, and inserting, in lieu thereof, the word "Walker."
Also by striking out the word ''Walker," where it occurs, and inserting, in lieu thereof, the word ''Paulding."
The report, as amended, was agreed to. The bill was read the third time, and not having received a constitutional majority, was lost, the vote being ayes, 20; nays, 50n motion of Mr. Grimes the Senate took up for con-

JouRNAL oF THE SENATE

sideration the refusal of the House tc- agree with the amendment of the Senate to the bill of the House 'To encourage immigration into the State of Georgia, and for other purposes."

Mr. Clarke moved that the Senate adhere to its said amendment.

On this proposition, the ayes and nays were required to be recorded.

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

Boyd, Bower, Bryan, Candler, ()Iarke
Drake,'

Duncan, F,tin, Folks, Hamilton of the 14th, Harrison, Hod!:(CS,

Holton, McDaniel, Simmons, Wall, Wellborn, ~IR. PRESIDENT.

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

Cabaniss, Clements, Cumming, Grantland, Grimes,

Hamilton of the 21st,
Hawkins, Howell, H nelson,
Lumpkin,

PerTy, Preston,
Stephens, Tison of the 10th.

Ayes, 18. Nays, 14.

So the Senate insisted on its said amendment.

On motion of Mr. Grimes, the Senate asked a commit-

tee of conference on the said amendment, consisting of four

from the Senate and four from the House of Representa-

tives. The President appointed as said committee, on the part of
the Senate, Messrs. Grimes, Clarke, Harrison and Bryan.
The Senate, on motion, adjourned until 7Yz o'clock,

p.m.

7:30 O'CLOCK, P.M.

The Senate met pursuant to adjournment, the President

in the chair. The Senate took up and concurred in the House amend-

ments to the following bills of the Senate, to wit: A bill "To change the time of holding the Superior

Court of Douglas county," and A bill ''To fix the time for holding the fall terms of the

OCTOBER Is. I8jg.
Superior Courts in the counties of Union and Towns, and for other purposes."
The following joint resolutions from the House were taken up and concurred in, to-wit:
A resolution "Relative to signing bills and resolutidns adopted by the General Assembly."
A resolution "Requesting the Senators and Represerita. tives in Congress, from this State, to urge that body to appropriate the fund now in the Treasury of the United States, belonging to the colored soldiers of the South, to the University at Atlanta, Georgia."
A resolution ''Of instruction to the Comptroller-General of this State," and
A resolution ''Requesting the Governor to investigate the facts relative to certain coupons of the valid Macon and Brunswick Railroad bonds."
Mr. McDaniel, chairman of the Judiciary Committee, to whom a joint resolution of the House ''Relating to public pri11ting," was referred, made a report recommending a substitute.
The substitute was amended, on motion of Mr. Cabaniss, by providing that the same shall not apply to the work executed prior to the passage of this resolution.
The substitute, as amended, was adopted. The report, as amended, was agreed to. The resolution, as amended, was agreed to. Mr. Wellborn, chairman of the Committee on Enrollment, submitted the following report: Mr. President: The Committee on Enrollment report as duly enrolled, and ready for the signature of the President and Secretary, the following Senate bills : A bill ''To preventthe introduction, exhibition and circulation of obscene literature." Also a bill "To provide when and how certain suits may be brought against the Macon and Brunswick Railroad."
43

674

JoURNAL OF THE SENATE

Also a bill ''To amend section 4370 of the Code. Also a bill ''For the prevention of cruelty to children." Also a bill ''Requiring receivers and collectors of taxes in this State to return, by name, dealers in spirituous, vinous or malt liquors." Also a resolution ''To memoralize Congress to clean out the Savannah river." Also a resolution "In relation to destruction of useless papers in the office of Secretary of State." The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof: Mr. Preside1Zt : The House of Representatives has agreed to the following resolutions, in which they ask the concurrence of the Senate, to-wit: A resolution ''Of instructions to the Comptroller-General of this State." Also a resolution ''With reference to the signing of bills passed and resolutions adopted by this General Assembly." Also a resolution "To dispose of certain articles in the office of the State Geologist." A resolution ''That a committee of two on the part of the Senate, and three on the part of the House of Representatives, be appoint('!d to wait upon His Excellency, the Governor, and notify him that the General Assembly is now ready to adjourn without a day, and to ascertaiu if he has any communication to make the General Assembly." The President appointed as the committee, on the part of the Senate, under the foregoing resolution, Messrs. Cabaniss and Fain. Mr. Cabaniss, chairman on the part of the Senate, ':lnder the foregoing resolution, reported the performance of the duty imposed, and that the Governor stated that he had no further formal communication to make to this General Assembly.

OcroBER 15, 1S79
The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof:
Mr. President: The House of Representatives has concurred in the
amendments of the Senate, to the following resolution of the House, to-wit:
A resolution "Relating to the Public Printing," with an amendment thereto, in which they ask the concurrence of the Senate.
On motion of Mr. McDaniel, the House amendment to the resolution mentioned in the foregoing message, was taken up and agreed to.
Mr. Grimes, chairman of the Conference Committee appointed on the differences of the two Houses in regard to the amendments of the Senate to the bill of the House "To encourage immigration to this State," informed the Senate that two of said committee on the part of the Senate were unavoidably absent, and moved that the Presi. dent fill their places by appointment.
The motion prevailed, and the President Messrs. Folks and Candler.
The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof: Mr. President:
The House of Representatives has concurred in the resolution of the Senate "To appoint a joint committee to wait on His Excellency and inform him that this General Assembly is now ready to adjourn szite die, and have appointed as such committee, on part. of the House, .Messrs. Strother, Pope and Berry.
The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof: Mr. President:
The House of Representatives has concurred in the

JouRNAL oF THE SENATE
amendments of the Senate to the following bill of the House, to-wit:
A bill "To be entitled an act to amend an act chartering the boJ.rd of trustee:> of Mt. Vernon Institute, and incorporating the town of Riddleville in Washington county, Georgia," etc.
The House insists on its disagreement to the amendment of the Senate to the House bill 'To be entitled an act to encourag<! imrnigratio 1 u Ge)rgh, and for other purposes," and accept the invitation of the Senate for a committee of conference on said bill, and have appointed as such committee, on the part of the House, Messrs. Garrard, Westbrook, Smith of Oglethorpe, and Hall.
Mr. vVellborn, chairman of the Committee on Enrollment, submitted the following report: Mr. President :
The Committee on Enrollment, report as duly enrolled, and ready for the signature of the President and Secretary, the following Senate bills:
A bill "To change the time of holding the Superior Courts of Douglas county."
Also a resolution "Regarding a barge line from the mouth of St. Mary's river to the Mississippi."
Also a bill "To fix the time of holding the fall terms of the Superior Courts in the counties of Union and Towns."
The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof: Mr. Ptesident:
The House of Representatives has concurred in and passed the substitute of the Senate to the following bill of the House, to wit:
A bill "To be entitled an act to amend an act incorporating the town of Oxford, in Newton county, approved December 23d, 1839, and other acts amendatory thereof, so as to empower the board of commissioners of said town to enforce," etc.

OcTOBER 15, 1879

On motion of Mr. Hudson, the Secretary was instructed

to inform the House of Representatives that the Senate

would adjourn at 5 minutes past 10 o'clock, p. m.
On motion of Mr. Stephens, the Hon. J. F. McLellan,

of Florida, was invited to a seat in the Senate.

The following message was received from the House of

Representatives, through Mr. Goetchius, the Clerk

thereof:

Mr. Preszdent:

I am instructed by the House of Representatives to in-

form the Senate that the House of Representatives, having
completed their business, will adjourn at 5 minutes past 10

o'clock.

Mr. Grimes, chairman of the committee of conference

on the part of the t:3enate on the bill of the House "To

encourage immigration to this State,'' submitted a ma-

jority report recommending that the Senate recede from

its amendments thereto, and a minority report advising ad-

herence to the same.

Mr. Bryan moved the adoption of the minority report.

On this proposition the ayes and nays were required to

be recorded.

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

Boyd, Bryan, Candler, Duncan, Folks,

Hamilton of the 14th, Harrison,
Hodges, Holton,

Simmons, Wall, Weliborn,
MR. PRESIDENT.

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

Bower, Cabaniss, Clements, Cumming, Grimes,

Hamilton of the 21st, Hawkins, Hudson, Lumpkin, McDaniel,

Perry, Preston, Stephens, Tison of the lOth, Turner.

Ayes, 13. Nays, 15.

So the motion to adopt the minority report did not prevail.

Mr. Wellborn moved that the entire subject matter pend-

ing be le1id upon the table.

678

JouRNAL OF THE SENATE



On this motion the ayes and nays were required to be

recorded.

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

Bryan,

Harrison,

Candler,

Houges,

Folks,

Holton,

Hamilton of the 14th,

Simmons, Wall, Wellborn.

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

Bower,
Cabaniss, Clements, Cumming, Drake, Duncan,

Grimes,
Hamilton of the 21st, Hawkins, Hudson, Lumpkin, McDaniel,

Perry, Preston, Stephens, Tison of the lOth, Turner,
1\'IR. PRESIDENT.



Ayes, IO. Nays, 18. So the motion to lay the pending subject matter on the

table did not prevail.



The majority report was then, on motion, adopted, and

the Senate receded from its amendments.

A joint resolution from the House 'To dispose of certain

articles in the office of State Geologist," was taken up, read

and concurred in.

Mr. Wellborn offered the following resolution, which

which was read and unanimously agreed to :

"Resolved, That the thanks of the Senate are hereby

tendered to the Hon. Rufus E. Lester, President of the

Senate, for the courteous, impartial and able manner in

which:he has discharged the grave and difficult duties in-

cumbent upon him as presiding officer of this body."

Mr. Lumpkin offered the following resolution, which

was also read and unanimously agreed to.

Resolved, That the thanks of the Senate are due, and

are hereby tendered to Hon. Evan P. Howell, President

pro tem., for the uniformly, courteous and efficient manner

in which he has discharged the duties of that office."

Mr. Hudson offered the following resolution, which was

read and agreed to :

Resolved, That the thanks of the Senate are due, and

are hereby tendered to the Hon. William A. Harris; Se'

retary of the Senate, and Mr. Henry H. Cabaniss, Assistant Secretary of t~;e Senate, for the faithful and able manner in which they have discharged their official duties, and for their courteous deportment to the members of the Senate."
Mr. Bryan offered the following resolution, which was read and agreed to :
''Resolved, That the thanks of the Senate are due, and are hereby tendered to A. J. Cameron, Messenger; L. J. Alred, Doorkeeper; W. A. Speer, Assistant Doorkeeper; and Enrolling Clerks of the Senate, for their efficient discharge of their respective duties, and their uniform courtesy to the members of this body."
Mr. Boyd offered the .following resolution, which was read and agreed to :
''Resolved, That the thanks of the Senate are hereby tendered to Hugh H. McConnell, the faithful and efficient Page of the Senate."
Peter McMichael and Sam Steel tendered their thanks for the uniform kindness of every memher of the Senate during the present session.
Mr. Bryan offered the following, which was read and unanimously agreed to.
''Resolved, That to Rev. John P. Duncan are due, and hereby extended, our warmest thanks for his able and efficient discharge of the duties of Chaplain of the Senate, with}he loving assurance that his Christian walk, Godly conversation and morning prayers, will ever be kept by each and every one of us among the holiest treasures of memory.''
Mr. Clements offered the following resolution, which was :read and agreed to :
"Resolved, That the thanks of the Senate are tendered to Jackson T. Taylor, the efficient Journalizing Clerk of the Senate, for the faithful discharge of the duties of his gffice during the present session of the Gtneral As~tm bly."

68o

JouRNAL OF THE SENATE

Mr. Clements, also offered the following, which was read

and agreed to :

"Resolved, That the thanks of the Senate are hereby

tendered to the reporters of the press, and correspondents,

for the faithful manner in which they have reported the

daily proceedings of this body during its present session."

Mr. Bower offered the following resolution, which was

read and unanimously agreed to:

"Resolved, That the thanks of the Senate are hereby

tendered to the Honorable Hiram Warner, Chief Justice

of the Supreme Court of the State of Georgia, for the able

and courteous manner in which he presided over this body

during its session as a Court of Impeachment."



The journals of this day were read and approved.

At 5 minutes past 10 o'clock, p. m., Mr. Hudson

moved that the Senate adjourn sine die.

The President briefly and appropriately addressed the

Senate,~and at the conclusion of his remarks he declared

the Senate adjourned sine die.

APPENDIX
TO THE
JOURNAL OF THE SENATE,
EMBRACING THE
PROCEEDINGS
OF THE
HIGH COURT OF IMPEAGHf~ENT,
IN THE TRIALS OF
WASHINGTON L. GOLDSMITH,
COMPTROLLER-GENERAL,
AND
JOHN W. RENFROE,
STATE TREASURER.
COLLATED AND COMPILED FRo::\1 THE SENATE JOURNAL, IN OBEDIENCE TO A RESOLUTION OF THE SENATE,
BY
;1".1\.CKSON T. TAYLOR, JoURNALlZING CLER:~t.

APPENDIX.
SENATE CHAMBER, } Atlanta, Georgia, Fn'ciay, August 15th, 1879
(EXTRACT FROM SENATE JOURNAL OF THE ABOVE DATE.)
"The following message was received from the House of Representatives, through Mr. Goetchius, the Clerk thereof:
Mr. President: I am directed by the House of Representatives to lay
before the Senate the following resolution, to-wit: A resolution "That the House of Representatives have
framed and adopted Articles of Impeachment against'Wash~ ington L. Goldsmith, Comptroller-General, and that the House of Representatives is, at such time as the Senate may designate, ready to appear and lay before the Senate said Articles of Impeachment; and the House of Representatives ha3 selected as Managers to conduct, in behalt of the House of Representatives and all the people of the State, the trial of the said Washington L. Goldsmith, ComptrollerGeneral. under said Articles of Impeachment, the follow. ingmembers of the House of Representatives, to-wit: RonH. G. Turner, Hon. W. M. Hammond, Hon. C. D. Phillips, Ron.]. H. Polhill, Hon. B. M. Davis, Hon. W. ]. Pike and Hon. A. P. Adams.''
Mr. Clarke offered the following resolution, which was taken up, read and agreed to, to-wit:
' Resolved, That the House of Representatives be forthwith informed that the Senate will be readv to-morrow morning at 10 _%' o'clock to receive the Managers appointed by the House for the purpose of exhibiting Articles of Impeachment against Washington L. Goldsmith, ComptrollerGeneral.''
The action of the Senate, in adopting the foregoing resolution, was unanimously reconsidered for the purpose of amending the same by striking out the words the Managers appointed by the House," and inserting, in lieu thereof, the wgrds, ' the House of Representatives."

SENATE JOURNAL APPENDIX
The resolution, as amended, was agreed to, and the President instructed the Secretary to inform the House of Representatives in accordance with its terms.
SENATE CHAMBER, } Atlanta, Georgia, Saturday, August 16th, 1879
At the hour of the 10 o'clock, a. m., the Doorkeeper of the Senate announced the presence of the Speaker and members of the House of Representatives at the door of Senate.
The Senators were called to their feet by the gavel of the President, as the Speaker, followed by the Managers and the body of the House of Representatives, entered the door of the Chamber and presented themselves at the bar of the Senate."
The President invited the Speaker of the House to a seat beside him.
The President then inquired : ''Are the Managers ready to exhibit their Articles of Ln peachment ?" Mr. Turner, chairman of the Managers, replied : "The Managers are ready." The President announced as follows : "The House of Representatives is now at the bar of the Senate and signifies its readiness to exhibit Articles of Impeachment against Washington L. Goldsmith, the Comptroller-General. The Doorkeeper will make proclamation according to the order in such case provided." The Doorkeeper of the Senate advanced to the aisle and made the f~llowing proclamation : "0 yes ! 0 yes! All persons are commanded to keep silence, on pain of imprisonment, while the House of Representatives exhibits Articles of Impeachment against Washington L Goldsmith, Comptroller-General of this State." Thereupon, Mr. Manager Turner advanced to the desk and read the Articles of Impeachment against Washington
L. Goldsmith, which are as follows, to-wit:

AUGUST i6, 1879
ARTICLES ExHIBITED BY THE HousE oF REPRESENTATIVES OF THE STATE OF GEORGIA, IN THE NAME OF ~THEM
SELVES AND ALL THE PEOPLE OF GEORGIA. AGAINST
WASHINGTON L. GoLDs~rrTH, CoMPTROLLER-GENERAL
OF THE STATE oF GEoRGIA, IN MAINTENANCE AND SuP
PORT OF THEIR IMPEACHMENT AGAINST HIM FOR HIGH
CRIMES AND MISDEMEANORS IN OFFICE.
ARTICLE FIRST.
That said Washington L. Goldsmith, Comptroller General of the State of Georgia, on the I st day of October, in the year of our Lord, I877, and at divers dates and times before and after said Ist day of October, and at divers dates and times during the years I877 and I8J8, at Atlanta, in the county of Fulton, in the said State of Georgia, unmindful of the duties of his office, and of his oath of office, and of the laws of said State of Georgia, did, illegally, wrongfully and corruptly charge, demand and re-
ceive so cents as costs on each and every writ offieri facias
for tax on wild land issued by him as Comptroller-General as aforesaid, said writs of fieri facias thus issued numbering in all 9 I6S, and said sums thus illegally, wrongfully and corruptly charged, demanded and received, as afore-
said, aggregating $4, sSz. so, all of which is more particu-
larly set forth in the several specifications hereinafter mentioned, that is to say:
Specification first-In this, that at Atlanta, in the county of Fulton, in the said State of Georgia, on the 2d day of October, in the year of our Lord r87S, said Washington L. Goldsmith, Comptroller-General, as aforesaid, did illegally, wrongfully and corruptly charge, demand and re
ceive of J. L. Logan the sum of so cents each on 68 writs
of fter fadas issued by him, the said vVashington L. Goldsmith, as Comptroller-General as aforesaid, for tax on wild lands in said State of Georgia, said sums thus illegally, wrongfully and corruptly charged, demanded and received,
as aforesaid, from J. L. Logan as aforesaid, aggregating the
sum of $34.
Specification second-In this, that at Atlanta, in the county of Fulton, in said State of Georgia, the said Washington L. Goldsmith, Com;-troller-General as aforesaid, did illegally, wrongfully and corruptly charge, demand and re-
ceive of A. J. Orme $1. so, on the 29th day of October, m

686

SENATE JOURNAL APPENDIX

the year of our Lord, 1877, as costs on three writs of fieri facz'as issued for tax on wild lands in said State of Georgia, and did on the 24th day of November, in the year of our Lord, 1877, illegally, wrongfully and corruptly charge, demand and receive of oneS. G. McLendon, the sum of $14 as costs on 28 writs of fienfaci'as issued for tax on wild lands in said State, and did on the 17th day of November, in !:aid year of our Lord, 1877, illegally, wrongfully and corruptly charge, demand and receive of one Daniel Lott, $71 and costs on 142 writs of jieri'facz"as issued for tax on wild lands in said State, and did, at divers other times and dates, during the years 1877 and 1878, illegally, wrongfully and corruptly charge, demand and receive of divers other
so persons, the sum of cents on each of divers fi. fas. issued
by him, the said Washington L. Goldsmith, as Comptroller-General as aforesaid, for tax on wild lands in said
State of Georgia, the said ft. (as. thus issued numbering in
all 9 I6S, and the said sums thus illegally, wrongfully and corruptly charged, demanded and received by him, said ~rashington L. Goldstnith, Comptroller-General, as :aforesaid, aggregating the sum of $4, 582.50.
Whe~eby, the said Washington L. Goldsmith, Comptroller-General,as aforesaid, did ther. and there commit, and was guilty of a high mi<Jdemeanor in office.
ARTICLE SECOND.
That said Washington L. Goldsmith, Comptroller-General of the State of ..;eorgia, at Atl<tnta, ia the county of Fulton, in the State nf Georgia, on the 25th day of September, in the year of our Lord, 1877, did illegally, wrongfully and corruptly issue eight certain writs of .fieri' facz"as for tax on the following lots of wild land in said State of Georgia, to-wit: On lot No. 223, 2d district, zd section, Cheroke~ county; Jot No. 6I2, 4th district, rst section, Dawson county; lot No. 1,047, 2d district, 3d section, Paulding county; lot No. I, I62, I8th district, 3d section, Polk county; lot No. I I7, 3d district, 5th section, Douglas county; lot No. 93, 26th district, 2d section, Gilmer county; lot No. 271, 27th district, 3d section, Whitfield county; lot No. 2 58, I 7th district, 1st section, Union county; said writs ofjien jaci'as, having been issued in violation of law, and bdore said lots had been advertised for 30 days, as required by law.

Whereby, said Washington L. Goldsmith, ComptrollerGeneral as aforesaid, did commit, and was guilty of a high misdemeanor in office.
ARTICLE THIRD.
That the said Washington L. Goldsmith, ComptrollerGeneral of the State of Georgia, at Atlanta, in the county of Fulton, and State of Georgia, on the 25th day of September, in the year of our Lord, 1877, did, under color of his office of Comptroller-General, illegally, wrongfully and corruptly charge, demand, receive and extort from one W. P. Anderson, the sum of $4.00, he, the said Goldsmith, claiming the same as costs on 8 writs of ficn fadas, for tax on 8 certain lots of wild land in said State of Georgia, although said lots had not been advertised for 30 days, as required by law, and although the time for the payment of taxes on said lots under said advertisement, and under the laws of said State, had not expired, and did not ;expire until October the rst, in said year, said lots being as follows, towit: Lot No. 223, 2d district, 2d section, Cherokee county; lot No. 612, 4th district, rst section, Dawson county; lot No. 1,047, 2d district, 3d section, Paulding county; lot No. 1,162, 18th district, 3d section, Polk county ; lot No. r 17, 3d district, 5th section, Douglas county; lot No. 93. 26th district, 2d section, Gilmer county; lot No.. 271, 27th district, 3d section, Whitfield county; lot No. 258, 17th district, rst section, Union county.
Whereby, said Washington L. Goldsmith, ComptrollerGeneral as af0resaid, did commit and was guilty of a high misdemeanor in ~ffice.
ARTICLE FOURTH.
That the said Washington L. Goldsmith, ComptrollerGeneral of -the State of Georgia, on the 25th day ot September, in the year of our Lord, 1877, at Atlanta, in the county of Fulton and State of Georgia, unmindful of the ?uties of his said office, and of the laws of said State, did, illegally, wrongfully and corruptly, refuse to receive from one W. P. Anderson the tax on eight certain lots of wild land in said State of Georgia, which said tax the said W. P. Anderson, as the owner of said lots, tendered to the said Washington L. Goldsmith, as Comptrotler-General as aforesaid, and which said tax it was the duty of the sa.uJ

688

SENATE JouRNAL APPENDIX

Goldsmith, as Comptroller-General as aforesaid, then and there to have received, but that the said Goldsmith did then and there illegally, wrongfully and corruptly extort, demand and require said \N. P. Anderson to pay $4 as costs on eight writs of jien' facias against said lots, although said Jots had not been advertised for 30 days, and the time for the payment of taxes on said lots had not expired, and did not expire under the advertisements of said lots pn~ viously made by said Goldsmith, as Comptroller-General as aforesaid, and under the law, until the Ist day of October, in the year of our Lord, 1877, said lots being as follows, to-wit: Lot No. 223, 2d district, 2d saction, Cherokee county; lot No. 612, 4th district, 1st section, Dawson county ; lot No. I, 047, 2d district, 3d section, Paulding county; lot No. I, 162, 18th district, 3d section, Polk county; lot No. I '7, 3d district, sth section, Douglas county; lot No. 93, 26th district, 2d section, Gilmer county; lot No. 271, 27th district, 3d section, Whitfield county; lot No. 258, 17th district, 1st section, Union
county.
\Vhereby, said Washington L. Goldsmith, ComptrollerGeneral as aforesaid, did commit, and was guilty of a high misdemeanor in office.

ARTICLE FIFTH.
That Washington L. Goldsmith, Comptroller-General of the State of Georgia, unmindful of his oath of office, and of the duties of his office, and Qf the laws of said State of Georgia, on or before the 3 I st day of October, in the year of our Lord 1877, at Atlanta, in' the county of Fulton, in said State of Georgia, for and in consideration of the sum of $I 14. paid to him by one Daniel Lott, did illegally, wrongfully, fraudulently and corruptly issue two hundred and twenty eight writs of fieri facias against cer tain lots of wild or unimproved lands in the said State of Georgia, returned as the lands of Raundo & Co., and Fox & Co., and did illeg;tlly, wrongfully, fraudulently and corruptly transfer said writs of fieri facias to the said Daniel Lott, although he, the said Washington L. Goldsmith, Comptroller-General, as aforesaid, well knew that the said lands were neither in default of returns for taxes nor in default of taxes, but that said returns had been made and

AuGUST 16, 1879

68g

!>aid taxes paid more than two years previously to the issuing of said writs of .ftenfacias, as aforesaid; that is to say,
Specification-In this, that the said Washington L. Goldsmith, Comptroller-General, as aforesaid, on or about the 31st day of October, in the year of our Lord 1877, at Atlanta, in the county of Fulton, said State of Georgia, for and in consideration of the sum ot\'1: r 14, paid to him by one Daniel Lott, did illegally, wrongiully, fraudulently and corruptly is~ue 228 writs of .fterzfacias against certain lots ot wild or unimproved bnds returned as the lands ofRaundo & Co., and Fox & Co., for the tax of 1874. and did illegally, wrongfully, fraudulently and corruptly transfer said wnts of .ftcrt facias to said Daniel Lott-said lots of wild or unimproved lands being as follows, to-wit : Lots Nos. 102, II8, 30, 43, rzo. 121. 174. 176, rgo, rgr, Igz, Ig3, I94, 195-all in the 13th district of Appling county; also
lots Nos. 367, 368, 369, 349, 357, 379 413, 418, 419,426, 464. 467, 47 I, all in the 6th district of Berrien county; also lots Nos. 38, 39, 49, 50, 52, 54, 74, go, all in the zd district of Irwin county; also lots Nos. 10 and I I, 3d district of Irwin county; abo lot "0.'o. 2 r, in the 6th district of Irwin county; also lots 65, 66, 67, 69, 70, 71, 75, 76, 79, 140, 149, 150, 220, 221, 296, 30. so. 24, 26, 27, 59, 6o, 61. 57, 58, 86, 87, 8g, go, 91, 92,94 95. 96, 121, 123, 125, 126, 127, 168, 169, 334. 567, all in the 12th district of Cliuch county; also lots Nos. 160, 164, 165, 166, 167, 168, IJI, 123, 125, 126, 127, I28, I29, 197, 200, 202, 203, 206, 207, 244, 245, all in the I 3th district of Clinch county. Also, lots Nos. 32, 59, 61, 62, g8, 102, 104,
106, 109, 156, 169, 379 39I, all in the 10th district of M1tchell county, all of which said foregoing lots of wild or unimproved land, being in said State of Georgia, and being returned as the property of Raundo & Co. And alsn, the following lots of wild or unimproved land in said State of Georgia, returued as the property of Fox & Co.,
to wit: Lots Nos. 404. 423, 424, 471, 498, 499, 512, in the 5th district of Appling county; also lots Nos. 139,
141, 238, 239, 240, 267, 268, 269, 270, 285, 287, 327, 33I, 364, 366, 51 r, 461, 27, 33, 44, 56, 6r, So, 81, 148, 165, rg8, 205, 238, 239, 240, in the 8th district of Colquitt county; also lots Nos 106, 77, r68, in the 6th district
of Coffee county; also lots Nos. 444. 470, 477, 485, 495, 5.22, 526, 527, 52~, 529, 392, 388, in the 7th district of
44

6go

SENATE JouRNAL APPENDIX

Worth county; also lots Nos. 14, 29, 57, 58, 6g, 70, g6,
g8, 100, in the 2d district of Worth county; also lots Nos. 212, 214, 215, 216, 2I7, 242, 243, 244, 246, 245. in the I 5th district of vVorth county; also lots NOS. I I4, 147' 145, I73, 172, 181, in the I6th district of Worth county; also lots Nos. 2, 3, 43, 88, 89, 90, 92, 94, 95, 100, I43, 144, 148, 471, 492, 519, 528, in the 5th district of Irwin county; also lots X as. I, 6, 3 !, 35, 58, 67, 89, I I7, in the 3d district of Irwin county; also lots Nos. 4, 7, 10, 37, 38,
44. 49 5I, 55 57. 89, 137. 139. in the 9th district oflrwin county; which said foreg-oing lots of wild or unimproved land, returned as the property of Raundo & Co., and Fox & Co., as aforesaid, had been duly returned for taxes for the year I874, and said taxes had been paid thereon, to wit: On the qth day of June and the 7th -day of August,
1875 vVhereby, said Washington L. Goldsmith, Comptroller-
General, as aforesaid, did commit, and was guilty of a high misdemeanor in office.
ARTICLE SIXTH.
That vVashington L. Goldsmith, ComptrollerGeneral, as aforesaid, unmindful of the duties of his office, and in disregard of the Constitution and laws of said State, did, at Atlanta, in the county of Fulton, in this State, and on the I 1th day of October, in the year r877, and on divers dates between that time and the 29th day of May, in the year 1876, inc! uding said last named date, illegally pay out to various parties divers sums of public money, to-wit: in the aggregate the sum of 8, 17973 without first asking, obtaining or having the sanction and warrant of the Governor of said State, as required by law.
Whereby, the said Washington L. Goldsmith, Comptroller-General of the State of Georgia, did then and there commit, and was then and there guilty of a high misdemeanor in office.
Specification-In this, that Washington L. Goldsmith, Comptroller General, as aforesaid, has illegally, and without first asking, obtaining or having the sanction or warrant of the Governor therefor, paid at the time and date and to the divers persons hereinafter specified, the sums of public money set opposite to their several names, which sums of money aggregate the sum of $8,176. 73, to-wit:

AuGUST r6, 1879
October 11th, C. C. Groce, $31.28; 12th, H. Irby, 84c., i2th, R. C. Humber, $2.35; r6th, Brantley & Stitch, $41.36: 2oth, H. Banks, $1.25; 23d, H. Banks, $105.62; 29th, B. F. Paine, $1.00.
November 2d, H. Irby, $22. 24; 2d, A. M. Scott,
$25.29; sth, C. D. Meader, $3.26; 8th, J. B. McCay, $7.so; 8th, H. M. Scott, $3.00; gth, H. ~1. Scott, $12.00; 12th, Turner Goldsmith. $7.38; r6th, H. Irby, 3SS; 19th, Turner Goldsmith, $6.86; 19th, J. L. Logan, $2.60; 21st, W. T. McArthur, $3.60; 2rst, A. }. Orme, $ 14.00; 23d, A. Shorter, $3. r6; 28th, Daniel Lott, $9. 76; 28th, T. W. Griffin, $2.64; 30th, J. P. Turner, $2. 64; 30th, A. Johnson, $2.70.
December 3d, C. C. Sanderson, $4.80; 3d, S. G. McLendon, $2 70; 3d, Purser & Baker, $4.20; 7th, J. W. Grffin, $4.78; r rth, Purser & Baker, $4.20; 12th, J. T. Burkhalter, $2-48; IJtb, H. l\L :Jcott, $2.50; 21st, Purser & Baker, $2. I o; 24th, Purser & Baker, $8. 40; 24th, C. C. Sanderson, 877.52; zgth, D. Quarles, $z8.6o; 29th, T. H. Reddlesperger, $8. 58.
January 2d, 1878, J. L. Elliston, $2.6o; 3d, T. G. Crawford, $r.oo; 9th, T. D. Evans, ti46.3o; 10th, E. H. & E. M. Smiths $5.28; roth, H. Banks, ,$7.55; wth, G. W. Garmany, $g.o8; I rth, Orme & Farrar, $32. 25; r rth, H. Irby, $2. 20; I zth, A. Shorter, $I 2. ro; 14th, M. F. Jones, $2.30; r6th, J. Ellis, $19.95; H. 1\II. Scott, $3.36; rgth, D. Lott, $183.91; rgth, Warren & Hobbs, ,$2.84; 23d, Brantley & Hitch, $16.38: 23d, John George, $2.75; 24th, ]. Ellis, $2.85; 24th, Orme & F., $73.00; 26th, B. E. Bigelow, $256.6r; 29th, A. F. Stow, $2.76; 26th, vVarren & Hobbs, $64. so; 29th, Warren & Hobbs, $49.00.
February 1St, Orme & Farrar, :f:;g so; 1"st, J.. L. Logan,
$1.35; 1st, J. M. Lott, ::ii38.g3; 1st, T. R. Ben-
nett, $15758; rst, T. R Bennett, $61.22; 2d, C. D.
Meader, $36. 8g; 4th, Daniel Lott, $28. 70; 7th, A. F. Stow, $2. 32; 8th, C. D. Meader, $;9.32; 8th, R. Hobbs, $5.48; 9th, Orme & Farrar, ~1o.oo; 13th, Daniel Lott, $245.96; 13th, B. F. Brimberry, $2.24; 13th, A.). Orme, $26.6o; 14th, L. A. Hall, $81.62; r8th,"T. Crussell, Ss.sz; 21st, Daniel Lott, $ro.8o; 23d, C. C. Groce, $92.94; 23d, C. A. Simpson, $1.38; 23d, J. D. Collins, $34.60.
March Ist, H. Irby, $12.28; rst,G. W. Garmany, $4.8o;

SENATE jOURNAL APPENDiX
1st, H. Banks, $1.25; 6th, G. H. Hazlehurst, $4.46; 7th,
John George, ss.oo; 7th, G. w. Garmany, $12.70; 8th, J. W. Rouse, $2. 42; I rth, C. D. Meader, $3.49; I 1th,
David Garren, $20. 30; 16th, R. Hobbs, $23. 59; 16th, J. ]. Rowe, $4.98; 19th, Orme & Farrar, $137.95; 20th, Orme & Farrar, $4.62; 21st, C. C. Groce, $6.38; 23d, M. Reid, $2o.6o; 29th, William McKay, $10.70.
April 2d, W. W. Merrill, $3 so; 5th, T. R. Bennett,
$22.70; 5th, H. B. Ainsw mh, $4. So; 6th, A. Shorter, $1.04; 6th, H. M. Scott. $1. 12; IOth, C. C. Sanderson, $5o.8o; wth, Daniel L'1tt, $244.81; 1Ith, C. C. Sanderson, $I 5 88; I Ith, E. H. & E. M. Smith, $4. 78; 1xth, 0. H. Cook, $25.90, lith, S. G. McLendon, $211.62; 11th,
J. P. Turner, $z6o 28; I Ith, E. H. & E. M. Smith,
$561.42; I Ith, 0. H. Cook, $450.06; 12th, G. Hazlehurst'
$31.22; 12th, J. L. Logan, $2.75.
May 14th, J. Ellis, $65.os; r6th, H. M. Scott, $8-44; 17th, M. F. Brimberry, $87. I2; 2 rst, Purser & Baker, $26. 20; 2Sth, A. J. Orme, $8.32; 26th, W. T. McArthur, $3.24; 28th, T. R. Bennett, $103.64; 30th, B. F. Bigelow,
$66377 June 1st, T. W. Ezzard, $32.86; 6th, B. M. Brimberry,
$4.60; 6th, J. Ellis, $2.8 S; 10th, Daniel Lott, $206.4 I ; 10th, C. H. Parmalee, $18. 70; I Ith, C. C. Sanderson, S37.98; 17th, W. F. Brimberry, $2.65; 18th, B. F. Bigelow, $1.58; 19th, J. B. Carter, $2.34; 29th, G. H. Hazle-
hurst, $23.40, 28th, Wm. McKay, $70.68; 29th, A. J.
Orme, $6.90. July 2d, Henry Irby, $r.86; 5th, J. Ellis, $36.50; 8th,
Scott & Evans, $1044; 9th, J. E. Mobley, $9. so; 9th, T. R. Bennett, $206.05; 9th, W. T. McArthur, $497.20; 9th, J. L. Logan. $21.71; 9th, J. L. Logan, $7.54; 10th, H. Banks, $90.70; 10th, J. L. Logan, $5.20; 2oth, C. D. Meader, $19.95; 23d, H. Banks, $13.90; 23d, W. T. McArthur. $648; 23d, J. L. Logan, $2. 29; 23d, Purser & Baker, $9. so; 30th, W. S. Alexander, $ r r. 6o; 30th, Brantley & Hitch, $2.46.
August 1st, Paine & Banks, 93.97; 3d, N. A. Magrath, $2.6S; 3d, H. M. Scott, $r.68; 6th, W. T. McArthur, $49.68; 7th, M. H. Conner, JOe.; 12th, T. R. Bennett, $126.42; 12th, A. ]. 0rme, $23.30; 12th, H. M. Scott, sse.; 14th, W. H. Gallamore, $2.24; 15th, C. C. Groce, $45.92; 15th, T. F. Johnson, $2.40; 21st, A. M. Hurt,

AUGUST 16, 1879.

$1.80; 22d, L. A. Hall, $30.68; 29th, G. W. Garmany,
$24.72; 30th. N. A. Magrath, $7.95; 31st, J. L. Logan,

$I 36.

,

September 2d, G. W. Garmany, $1.56; 2d, Turner Gold-

smith, $1.75; 2d, G. W. Garmany, $17.04; 9th, Otis

Childs, $16 72; 13th, M. Reid, $2.90; 13th, Henry Kirby,

84c.; 14th,].L Logan, $1.36; 14th, D. Quarles, $I.Io;

16th, W. A. Little, $47.40; 17th, T. R. Bennett, $II. so;

18th, Daniel Lott, $46.44; 2oth, A . .M. Hamilton, $3.20;

20th, T. R. Bennett, $7.40.

October 1st, Dr. Quarles, $3. 30; 10th, H. Banks, $2.92;

12th, E. H, Thompson, $1 1.85; 15th, W. T. McArthur,

$50.44; 18th, Matthew Reid, $2.90; 30th, W. T. McAr-

thur, $12.96.

November 4th, T. G. Eiswald, $15.90; 6th, W. T. Mc-

Arthur, $77.64; 12th, H. M. Scott, $3.25; 14th, W. J.

Zachary, $I. 10; 14th, Thomas Ezzard, $9.54; 14th, L.

G. McLendon, $96-45 ; 26th, C. C. Groce, $I. 20.

December 2d, Dr. Quarles, $27. so; 6th, Henry Irby,

$r.68; 14th, Daniel Lott, $37.74; 40th, B. F. Bigelow,

$99.80; 27th, Mrs. H. E. Thompson, 153-95



January 22d, 1879, J. Padgett, $3.20; 29th, Orme &

Farrar, $132.40; 30th, John George, $15.75; 30th, J. L.

Logan, $7. 55

February 7th, J. C. Langford, sse. ; 7th, C. D. Meader,

$4.46; 7th, H. Banks, $4.20; rrth, H. Banks, $4.22.

March 1st, J. D. Collins, $51.08; 8th, H. M. Scott,

$2.20.

April 22d, W. P. Anderson, $2.67.

May 21st, Henry Banks, $4.65; 21st, T. R. Bennett,

$34.05 ; 23d, A. J. Orme, $I 3 78; 28th, V. B. Colley,

$1.54; 29th, H. M. Scott, $2.75.

Making a total of $8, I76.7 3.

Whereby, said Washington L. Goldsmith, Comptroller-

General of the State of Georgia, did then and there commit,

and was guilty of a high misdemeanor in office.

ARTICLE SEVE~TH.
That said Washington L. Goldsmith, ComptrollerGeneral, as aforesaid, unmindful of the duties of his office, and in disregard of the Constitution and laws of said State, did, in the city ofAtlanta, and the county of Fulton, in said State, illegally, willfully, fraudulently, unlawfully and.

SENATE JouRNAL APPENDIX

corruptly, on the rst and on the qth days of November,

in the year 1877, issue to the sheriffs of this State, circu-

lars in which the duty of the Comptroller-General to ex-

amine and pass upon the evidence of title to such lands as

were, by the sheriff, sold as unreturne-d wild land under

and by virtue of tax executions issued by the Comptroller-

General, when the owners of such land should elect to

receive the excess over the amount due as taxes and all

costs on such land, was unlawfully delegated and imposed

upon and directed to be exercised by such sheriffs. And

the sheriffs were thereby unlawfully instructed and direct-

ed to pay to the owners of such lands so sold the'excess

of money over and above the tax and all costs, instead of

paying the same to the Comptroller-General, as required

by law.

Whereby, the said vVashington L Goldsmith, Comp-

troller-General of the State of Georgia, did then and there

commit, and was then and there guilty of a high misde-

meanor in office.



Specification-In this that said Washington L. Gold-

smith, Comptroller-General as afonesaid, in the city of

Atlanta, and the county of Fulton, in said State, fraudu-

lently, wilfully, illegally and corruptly, on the rst and 14th

days of November, in the year 1877, in disregard and neg-

lect of the duties imposed upon him by law, and with the

intent and purpose thereby, to delegate and impose said

duties upon the sheriffs of said State, did issue, transmit

and serve upon the said sheriffs, printed circulars, of which

the following are true copies, to-wit :

COMPTROLLER-GENERAL'S OFFICE, } Atla!Zta, Ga., November rst, 1877
To tlte Slzeri!fs of Georgia: You will- soon be called upon to levy, advertise and
sell wild land under ft. fas. issued from this office against wild land in your county, which has been reported to me by your tax receiver as unreturned wild land. I will send to you ft. fas. direct from this office, and transferees of such ft. fas. under section 89 I of the Code; will so place such ft. fas. in your hands for levy and sale.
In the above, and all such cases, you will not sell any lands to be found on the large digest for such years depos-
ited in the ordinary's office; for we don't wish tq seU im-

AUGUST 16, 1879
proved land, but only wild land. Mistakes of all other kinds will be promptly corrected here (if substantiated by the books) on written application or letter, approved by the ordinary.
In all wild land sales, the excess of money over and above tax and all costs must be paid to owner of the land, if to be found at time of sale, or if the owner is not to be found, then said sum of money in excess of tax and cost must be sent to me, to be deposited in the treasury to the credit of the owner, as a trust fund. This applies to all
parties who have such .ft. firs. transferred to them by
myself.
I will send other instructions with the .ft. fas. This circular is sent because some transferees of such .ft. fas. will soon have their.ft. fas. in your hands for levy and sale.
Please keep this circular for reference. Very respectfully,
w. L. GOLDSMITH,
Comptroller- Gmeral.
COMPTROLLER'S OFFICE, } Atlanta, Ga., November, 14th, r877.
To tlze Slzeriffs of Georgia : In paragraph fourth of my circular of the rst inst. to you,
I used this language: ''In all wild land sales, the excess of money over and above tax and all costs must be paid to the owner of the land, if to be found at the time of sale, or if the owner is not to be found, then said sum of money in excess of tax and cost must be sent to me, to be deposited in the treasury, to the credit of the owner, as a trust fund."
As it will be very difficult, perhaps, in many cases, for you to determine who is the true owner of wild lands sold for taxes, and as many false and fraudulent owners will, perhaps, try to impose on you in order to get such moneys, and as law g1ves the true owners twelve months after sales to come forward and redeem their land thus sold, by paying purchase money, all cost and interest at twenty per centum per annum, I think it would be best to take a good and legal bond from all persons to whom you pay such moneys, conditioned to repay the same within twelve months, if proper authorities decide that another is the true owner.
In ql! cases of doubt as to ownership of such lands, or

SENATE JouRNAL APPENDIX

where no owner applies, you will, as formerly instructed,

send the money to this office.

Transferees of wild land .ft. fas. will be entitled to the amount of tax and cost, as appears on face of .ft. fa. All

surplus will go to owner in the manner as abo.ve directed.

These additional instructions are issued in answer to let-

ters from sheriffs. and to save writing numerous replies. If

any other question troubles you, write to me and you shall

have prompt answers.

Very respectfully,

W. L. GoLDSMrm,

Comptroller- General.

\Vhereby, said Washington L. Goldsmith, ComptrollerGeneral of the State of Georgia, did then and there commit, and was then and there guilty of a high misdemeanor in office.

ARTICLE EIGHTH.

That said Washington L. Goldsmith, Comptroller-General of the State of Georgia, unmindful of the duties of his office, at the city of Atlanta, in the county of Fulton, in said State, on the first day of June, in the year I879, and on and during divers other days before said first day of June, I 879, and on and during divers other days since said first day of June, I879, did, without . color of right and without authority of law, and in violation of the Constitution of said State, and in disregard of his oath of office, and of the duties of his said office, fail, omit and wholly neglect to pay over and deliver to the Treasurer of said State, certain large sums of money, which had, prior to said first day of June, 1879, been paid to, and received by him, the said Washington L. Goldsmith, Comptroller-General, for and on account of taxes assessed and charged against divers lots of wiid lands situated in said State, for divers years prior to said year 1879, for which tax the said Comptroller-General had, by virtue of his said office, issued writs of fierifadas again"t the wild
land lots aforesaid, and on which writs of .ft. fas. the several
amounts due and charged therein as tax had, prior to said Ist day of June, 1879, been collected, paid to and received by the said Washington L. Goldsmith, Comptroller-General; also certain other large sums of money which had, prior to said rst day of June, 1879, been charged, paid. to
and received by him, the said Washington L. Goldsm1th,

AUGL'ST T6, 1879
Comptroller-General. in the manner afore.!'aid, as costs for and upon the writs of jierzfacias issued by him as aforesaid, and amounting, on said rst day of June, r879, in the aggregate to the sum of$4,5R2.50; also, certain other large sums of money, which said sums had, at the instance and b/ the direction of him, the said Washington L. Goldsmith, been collected from the purchasers of wild land lots, at sales of said lots, before then made under and by virtue of the writs of fieri facias iss11ed as afoeesaid, and which last named sums of money were, on said Ist day of June, I 879. in possesi'ion of him, the said washington L. Goldsmith, Comptroller General, as the surplus and excess of the proceeds of the sale of said lots of wild land remaining over and above such amount and portion of said proceeds as was sufficient and necessary to pay off and discharge the amounts due and owing as tax on said writs of fieri facias, and to pay off and discharge the amounts charged on said writs of fieri facias as cost. All of which said sums of money received and collected by said sheriffs as tax, as cost and as surplus or excsss of the proceeds of said sales, over and above the amount charged as tax and cost, and amounting in the aggregate to the sum of $I I, 193. 17, and which had been paid to and received by the said Washington L. Goldsmith, Comptroller,in the manner aforesaid. He, the said Washington L. Goldsmith, Comptroller-General, did then and there, with the intent to cheat, injure and defraud the people of said State, and the Government thereof, wilfully and corruptly fail, omit and neglect to pay over to the Treasurer of said State; and did then and there hold, keep and retain, and still continues to hold, keep and retain in his own possession and control, in violation of the Constitution and laws of said State, and in disregard of the duties of his said office.
Whereby, the said Washington L. Goldsmith, Comptroller, did then and there commit, and was and is guilty of a high crime and misdemeanor in office.
Specification first.-In this, that at the city of Atlanta, in the county of Fulton, in said State, and on the first day of June, in the year r87g. and on divers other days before said day, he, the said Washin~ ton L. Goldsmith, Comp troller-General of said State, having received and being then and there in possession, by virtue of his said office, of divers sums of money which had been assessed and

SENATE JouRNAL APPENDix
charged by him as cost on certain writs of fieri facias, before that day issued by him as Comptrotler-General, as aforesaid, against divers lots of wild land in said State, and which costs so assessed and charged, amounting in the aggregate to the sum of $4,582. 50, had afterward been collected, paid to, and received by him as Comptrollerneral aforesaid, he, the said Washington L. Goldsmith, Comptroller-General, did then and there, to-wit : on the first day of June, in the year 1879, at the city of Atlanta, in the county of Fulton, in said State, hold, keep and retain in his own possession, and did not there, nor has since that time, paid and delivered said sums so received by him as costs on the writs offieri facias by him issued, as aforesaid, into the treasury of said State, as he was and is by law required to do.
Specification second.-In this, that at the city of Atlanta, in the county of Fulton, in said State, and on the first day of June, in the year 1879, the said Washington L. Goldsmith, Comptroller-General, being then and there in possession, by virtue of his said office, of divers sums of money, which had before said dav been assessed and charged by him as Comptroller-General, as aforesaid, for tax due to said State, against divers lots of wild land therein, and which, when so assessed and charged, had been, by the authority and direction of the said Goldsc:ilh, Comptroller-General, paid and delivered into his possession ; he, the said Goldsmith, Comptroller General, did then and there fail and neglect to pay and deliver said sums, so receivec by him, to the Treasurer of said State, and did, without authority of law, hold, keep and retain, and still continues to hold, keep and retain in his own possession said moneys received by him, as aforesetid.
Specification third-In this, that the said Washington L. Goldsmith, Comptroller-General, on the 1st day of June, in the year 1879 at the city of Atlanta, in the county of Fulton, in said State, being then and there in possession, as Comptroller-General aforesaid, of certain large sums of money, which said sums of money had, prior to said day, beera collected and received from the purchasers of lots of wild land, by the sheriffs of divers counties in said State, at sales of wild lands by said sheriffs, made under and by virtue of certain writs of fieri facias issued by said Goldsmith, Cornptoller-General, for the collection of tax due

AuGUST 16, 1879

699

said wild lands for divers years prior to said year I 879. and which said sums of money were, and are the surplus and excess of the proceeds of the sales of wild la!"ds made by said sheriff-;, as aforesaid, being and remainiT)g over and above that portion of said proceeds necessary and sufficient to pay off and discharge the whole amount charged and assessed in said writs offieri facias as tax,and the whole amount charged and assessed in said writs of fieri facias as cost. He, the said washington L. Goldsmith, Comptroller, did then and there fail, omit and neglect to pay ova to the Treasurer of said State, and did then and there, without authority of law, keep, hold and retain in his possession the whole of said sums of money, and still continues unlawfully to hold, keep and retain in his possession the said sums of money aforesaid.
Whereby he, the said Washington L. Goldsmith, Comptroller-General, did then and there commit, and was then and there guilty of a high misdemeanor in office.
ARTICLE NINTH.
That Washington L. Goldsmith, Comptroller-General aforesaid, did, at the city of Atlanta, in the county of Fulton, in said State, and on the rst day of' August, in the year 1874, and on the 14th day of said month of August, 1874, and on the 5th day of November, in the year aforesaid, and on the r2th day of said last mentioned month, and on the 20th thereof, and on the 2d and 28th days of the month of December, in said year 1874, and on divers other days between the 27th day of March of said year 1874 and the 2d of February, in the year 1875. make and present to one John Jones, then and there Treasurer of said State, divers and erroneous, false and fraudulent returns and payments of and concerning divers sums of money belonging to said State, which he, the said Goldsmith, Comptroller-General, at said place, and on the several days aforesaid, had in his possession, as such Comptroller-General, and which sums, amounting in the aggregate, on the 28th day of December, 1874 to the sum of $2,363.61, had arisen and accrued from the tc>xes assessed and charged against wild lands in said State for the years 1868, I 869, I870, 187 I, 1872, 1873 and 1874; by means of which erroneous, false and fraudulent returns and payments, on the days ~foresaid, made and rendered by the said Washington

700

SENATE JouRNAL APPENDIX

L. Goldsmith, Comptroller-General, as afotesaid. He, the said Washington L. Goldsmith, Comptroller-General, did then and there corruptly contrive and intend to obtain, and did then and there knowingly and corruptly obtain and secure certain improper, undue and excessive credits to be made and entered in the name and for the advantage of him, the said Comptroller-General, upon the books of account, then and there used by the said Treasurer, as aforesaid, and by means of which false and fraudulent returns, and payments so made as aforesaid, on each of said dates, the said Washington L. Goldsmith did intend and contrive then and there to mislead, deceive and abuse the Treasurer of said State, and to mislead, defraud and injure all the people of said State.
Whereby, the said Washington L. Goldsmith, Comptroller-General, as aforesaid, did then and there commit, and was then and there guilty of a high misdemeanor in office.
Specification-In this, that on the first day of August, in the year 1874, atthecityof Atlanta, countyofFulton in said State, the said Washington L. Goldsmith, Comptroller-General aforesaid, did render and pay unto John Jones, Treasurer of said State, as money collected by him, the said <:::omptroller-General, by virtue of his said office, for and on account of taxes assec;sed and charged against wild lands in said State, for the year 1873, the sum of $3 50, and did then and there, by means of said false returns, representation and payments so made, as aforesaid, procure and obtain the whole of said sum of $350, anJ to be then and there placed and entered on the book of accounts of said Treasurer to the separate credit of him, the said Comptroller-General, as having been collected by him on account of wild land tax for the year aforesaid; and again on the 14th day of August, in said year 1874, he, the said Washington L. Goldsmith, Comptroller-General, as aforesaid, did, in like manner, render and pay to said John Jones, Treasurer, as money collected by him, the said Comptroller-General, on account of taxes assessed and charged against wild lands in said State, for the years 1872 and 1873, the sum of $172.88, and did then and there obtain and procure the whole of said last named sum to be placed to the separate credit of him, the said Comptroller-General, on the books of account of said Treasurer, whereas only a part of said sum of

AuausT 16, 1879

70t

$172.S8 had been actually collected and received by the said Comptroller-General from the wild land tax aforesaid, and the said Comptroller-General was then and there properly and justly entitled to obtain and receive credit on the book of account of said Treasurer for only a portion of said last mentioned sum, and not for the whole thereof, all of which was then and there well known to him, the Comptroller-General aforesaid ; and again, that the said Comptroller-General did, at the place aforesaid, and on the 5th day of November, in said year, 1874. in the manner aforesaid, and with the intent and purpose aforesaid, falsely render and pay to John Jones, Treasurer, afores;:tid, as money collected and paid to him, the said Comptroller, on account of taxes charged and assessed against wild lands in said State aforesaid, for the year 187 3. the gross sum of $165, and did then and there willfully, falsely and unlawfully obtain for himself a separate credit on the books of account of said Treasurer in and for the whole of said sum of $165. whereas, in fact and in truth, only a portion of said last mentioned sum, and not the whole thereof, as so falsely pretended by said Comptroller-General, as aforesaid, had been and was actually collected and paid to him as Comptroller-General, as aforesaid, and he, the said Comptroller-General, was not in fact and truth justly and lawfully entitled to obtain, procure and receive a separate credit for himself as Comptroller-General for the whole of said last mentioned sum on the boks of said Treasurer, all of which was then and there well known to him, the said Comptroller-General ; and again, that he, the said Washington L. Goldsmith, Comptroller-General, did, on the 12th day of said month of November, in the year 1874, in like manner and at said place, render and pay to the said John Jones, Treasurer, the gross sum of $942, as moneys that had been paid to and collected by him, the said Comptroller-General, for and on account of taxes charged agilin!:>t wild lands in said State, for and during the years 1868 I86g, 1870, 1871, 1872 and 1873, and did then and ther~ wilfully and unlawfully procure and obtain to he entered on the books of said Treasurer credit for the whole of said last mentioned sum; whereas, in fact and in truth, only a portion, and not the whole, of said last mentioned sum had been collected and paid to the said Comptroller General Who was not then and there rightfully and lawfully entitled

SENATE JouRNAL A:PPENotx
to procure and obtain such separate credit on the books of
said Treasurer for the whole of said last mentioned sum all of which was then and there well known to the said Goldsmith, Comptroller-General; and that the said Washington L. Goldsmith, Comptroller-General, did, on the 20th day of said month of November, in the year I 874, at said city of Atlanta, in the manner aforesaid; unlawfully and falsely procure to be entered on the book of account of said John Jones, Trea<>urer as aforesaid, as a credit for himself, the sum of $100, as having been collected and paid to him on account of taxes charged and assessed against wild lands in said State, for and during the year 1874; whereas, the whole of said last metioned sum was not and had not been actually collected and paid to him, the said Comptroller-General, but only a portion thereof, nor was he then and there lawfully entitled to procure and have the whole of said last mentioned sum entered to his separate credit as Comptroller-General, in the manner aforesaid, all of which was then ar.d there well known to the said Goldsmith, Comptroller-General; and that, on the 2d day of said month of December, in the year 1875, the said Washington L. Goldsmith, Comptroller General, did, at the place and in the manner aforesaid, falsely and fraudulently procure and cause to be entered to his separate credit as Comptroller General, on the books of account of the said John Jones, Treasurer, the sum of $126.82, as having been collected by him for and on account of wild land taxes for and during the year 1873; whereas, the whole of said last mentioned sum was not and had not been collected by him, the said Comptroller General, nor was he justly and lawfully entitled to procure and have such separate credit lor the whole of said last mentioned sum, so entered on the books of account of said Treasurer, all of which was then and there well known to said Washington L. Goldsmith, Comptroller-General; and that, on the 28th day of December, in said year 1874. and at the place, and in the manner aforesaid, the said Goldsmith, Comptroller General, did faisely and fraudulently procure and cause to be entered to his separate credit, as such Comptroller-Generd, on the books of said Treasurer, the gross sum of five hundred and seven dollars and fortynilne cents, as having been collected by him as ComptrollerGeneral on account of taxes charged and assessed against

AuGusT 16, 1879

703

wild lands in said State, for the years 1870, 1871, 1872 and 1873, whereas the whole of said last mentioned sum was not and had not been collected by him, nor was he, as su..:h Comptroller-General, justly Pntitled to procure and have such separate credit for the whole of said sum, so entered on the books of said Treasurer, all of which was then and there, and is well known to said Washington L. Goldsmith, Comptroller-General.
Whereby he, the said Washington. L. Goldsmith, did commit, in the manner aforesaid, and is guilty of a high misdemeanor in office.
ARTICLE TE:'-/TH.
That Washington L. Goldsmith, Comptroller General of the State of Georgia, unmindful of the duties and obligations that devolved upon him under and by the laws of this State,relative to the collecting and paying into the Treasury of the State, insurance taxes and fees, did in the city of Atlanta, county of Fulton, State of Georgia, collect for insurance tax and fees during the year 1878, the sum of $12,678.06, and paid into the treasury during said year, of money ari~ing from said source, onlythesum of $2,957.60, thereby unlawfully and corruptly retaining in his hands, of said insurance tax and fees, the sum of $9,720. 46, which retention of the sum aforesaid was contrary to the statutes of this State, that required the Comptroller-General to collect insurance tax and fees, and pay the same into the State
Treasury, which said conduct of the said Vlashington L.
Goldsmith, Comptroller-General, as aforesaid, was illegal, corrupt and fraudulent; and thereby he, the said vVashington L. Goldsmith, Comptroller-General, as aforesaid, did then and there commit, and was then and there guilty of a high misdemeanor in office; a history of which collections and retention of insurance tax and fees being set forth in the following spectfications, hereinafter written in substance and effect, that is to say :
Specification first-In this, that during the year 1878,the said Washington L. Goldsmith, Comptroller-General, as aforesaid, collected of insurance tax the sum of $8,905.56 and paid into the State Treasury in the same year, fro~ this source, only the sum of $2,457.60. The collections and payments were as follows:
In the month of April, in the year 1878, Washington L,

SENATE JOURNAL APPENDIX
Goldsmith, the Comptroller-General, as aforesaid, co1~ected of the insu:ance tax assessed and charged against msurance compames, the sum of $54.00, and paid into the State Treasury, for the same year and month, the sum of $5400.
In the month of May, in said year 1878, Washington L. Goldsmith, Comptroller-General, collected of said insurance tax, the sum of $375.20, and paid into the State Treasury from said source, for the same month and year, the sum of $255.61, thereby unlawfullykeepingandretaining in his hands for the month of May, 1878, the sum of
$ng. 59In the month of June, in said year 1878, the said Wash-
ington L. Goldsmith, Comptroller-General, collected of insurauce tax, charged and assessed as aforesaid, the sum of $164.23, and paid into the State Treasury from said source, for the same month and year, the sum of '/J72, thereby unlawfully retaining in his hands for the month of June, 1878, the sum of $92.23.
In the month of July, 1878, the said Washington L. Goldsmith, Comptroller-General, collected of insurance tax, so charged and assessed, the sum of $494.37, and paid into the State Treasury fron. said source, for the same month and year, the sum of $207, thereby unlawfully retaining in his hands for the month of July, 1878, the sum of $287. 37
In the month ot August, of said year 1878, the said Washington L. Goldsmith, Comptroller General, collected of insurance tax, the sum of $54, and paid into the State Treasury from said suurce, for the same month and year, the
sum of $54. In the month of September, 1878, the said Washington
L. Goldsmith, Comptroller General, collected of insurance tax, charged and assessed as aforesaid, the sum of $4,992.65, and paid into the State Treasury from said source, for the same month and year, the sum of $214.93, thereby unlawfully retaining in his hands, for the month of Septem-
ber, 1878, the sum of S-t.777 72. In the month of October, 1878, the said Washington L.
Goldsmith, Comptroller-General, collected of insurance tax the sum of $2,384 62, and paid into the State Treasury from said source, for the same month and year, the sum of $1,213,57, thereby unlawfully retaining in his hands, for the month of October, 1878, the sum of $1, 191.05.

AuGusT 16, 1879

705

in the month of November, 1878, the said Washington
L Goldsmith, Comptroller-General, collected of insurance
tax, charged and assessed as aforesaid, the sum of $386.49, and paid into the State Treasury from said source, for the
same month and year, the sum of S386.49, thus unlawfully retaining in his hands the sum of 6,447.96 insurance tax.
Specification second-In this, that during the year I 878, the said vVashington L. Goldsmith, Comptroller-General, collected of insurance fees, prescribed and charged by the
Jaws of said State, the sum of 83,772.50, and paid into the State Treasury from said source, in the same year; only
the sum of Ssoo.
The collections and payments were as follows:
In the month of January, 1878, the said Washington L. Goldmith, Comptroller-General, collected of insurance fees, prescribed and imposed by the laws of said State, the
sum of $5 30, and made no payment into the Treasury from said source for the month of January, 1878.
In the month of February, 1878, the said Wasington L. Goldsmith, Comptroller-General, collected of insurance
fees, prescribed as aforesaid, the sum of Sz, 32 5, and paid
into the Treasury from said source, the same month of said year, the sum of $500, thereby unlawfully retaining in his hands of the collections from this source, for the month
of February, 1878, the sum of 81,825. In the month of March, r8;8, the said \Vashington L.
Goldsmith, Comptroller-General, collected of insurance fees, prescribed as aforesaid, the sum of $ J SS, and made no payment into the Treasury from said source, for this month, thereby unlawfully retaining in his hands the whole of said sum.
In the month of April, 1878, the said Washington L. Goldsmith, Comptroller-General, collected of insurance
fees, prescribed as afore~aid, th~ sam of S4S7 so, and
made no payment into the Treasury from said source, for this month, thereby unlawfully retaining in his hands the whole of said last mt:ntioned sum.
In the month of June, 1878, the said \Vashington L. Goldsmith, Comptroller-General, collected of insurance
fees, prescribed as aforesaid, the sum of $72. so, and made
no payment into the Treasury ofsaid State from said source, for said month, thereby unlawfully retaining in his hands the whole of said last mentioned sum.
45

SENATE jou:RN'AL APPENDIX
In the month of July, 1878, the said Washington L.
Goldsmith, Comptroller-General, collected as insurance fees, prescribed as aforesaid, the sum of $7S. and made no payment into the Treasury from said source, for said month, thereby unlawfully retaining in his hands the whole of said last mentioned sum.
In the month of August, 1878, the said Washington L. Goldsmith, Comptroller Geveral, collected of insurance
so, fees, so prescribed, the sum of$ I 2. and made no pay-
ment into the Treasury from said source for said month. Thus retaining in his hands, contrary to law, the sum of
so $3,272. of insurance fees.
Whereby, the sJ.id Washington L. Goldsmith, Comptroller-General, as aforesaid, did then and there commit, and was then and there guilty of a high misdemeanor in offixe.
ARTICLE ELEVENTH.
That the said Washington L. Goldsrnith, ComptrollerGeneral, unmindful of the duties of his office, and in violation of the laws of said State, did, at the citv of Atlanta, in the county of Fulton, in said State, and i~ the month of May, in the year I 879, wrongfully and fraudulently cause, procure and permit to be changed, altered and falsified a certain matter of record, which said matter of record was, at and before the m:J.king of said alteration, contained and recorded in a certain book belonging to, and at the time of said alteration, and before then kept and used in the office of the said ComptrollerGeneral, in the Capitol building, in said city of Atlanta; said book being the book of "record of published lists of wild lands unreturned in 1874, by county," that is to say:
Specification first-In this, that in the office of said Comptroller-General,-at said city of Atlanta, and during the month of June, I87S. or about that time, he, the said Washington L. Goldsmith, Comptroller-General aforesaid, did enter, or cause to be entered in writing, upon a certain page, to-wit : page 90, of said book of record of lists of wild lands unreturned, I 1>74 (said book belonging to his said office as aforl"said), and directly opposite to the number of divers lots of wild land, said numbers there standing written and recorded on the left margin of said page, the words ''Raun do & Co., paid;" and on said page of tlie book. of record

AuGusT 16, 1879.
aforesaid, and opposite to the numbers of divers other lots of wild land, said numbers then standing written and recorded on the margin of said page as aforesaid, he, the said Washington L. Goldsmith, Comptroller-General, did, during the said month of June, in said year 1875, or about that time, in like manner enter, or cause to be entered and written, the words 'Fox & Co., paid," which said entries of "Raundo & Co., paid," and ''Fox & Co., paid," so entered as aforesaid, were then and there intended and meant by him, the said Comptroller-General, to import and show, and did then and there actually import and show, that the taxes assessed and charged against said lots of unreturned wild land, there numbered, as aforesaid, had been and were on the day of making said entries, or before the making thereof by said Raundo & Co. and by said Fox & Co., respectively, fully paid and discharged to him, the said Comptroller-General, and afterwards and subsequent to the date of the making or causing to be made the entries aforesaid in the book aforesaid, to wit: during the month of May, in the year I 879, he, the said Washington L. Goldsmith, Comptroller General, did unlawfully and fraudulently enter, or causeand procure to be entered, ot permit to be entered in writing on the page aforesaid, immediately and over the said entries of '' Raundo & Co., paid,'' and of'' Fox & Co., paid," respectively, and as nearly opposite as might be to the numbers of the lots of unreturned wild land, there written as aforesaid, the words ''D. Lott, agent," he, the said Comptroller-General, .hen and there intending and contriving, by means of said last mentioned entry of ''D. Lott agent," then and there wrongfully and fraudulently t~ change, alter and falsify the meaning, purport and effect aforesaid of said original entries of '' Raundo & Co., paid " and of "Fox & Co., paid," so entered or made, ot caus~d to be entered and made by him as aforesaid.
Whereby he, the said Washington L. Goldsmith, Comptroller-General of the State of Georgia, did then and there commit, and was then and there guilty of a high misdemeanor in office.
ARTICLE TWELFTH.
That said Washington L. Goldsmith, Comptroller-General, unmindful of the duties of his office, did, at the city of Atlanta, county of Fulton, State aforesaid, retain, keep

708

SENATE JOURNAL APPENDIX

and employ, and still continues to retaiq, keep and employ as a clerk in the office of him, the said Comptroller-General, one James M. Goldsmith, notwithstanding the fact that the said vVashington L. Goldsmith, Comptroller-General, was and is fully informed, and well knows, and has long known the fact that the sctid James M. Goldsmith, while employed as clerk in the office of him, the said Comptroller-General, did make, write and enter wrongfully and fraudulently on the book of record of lists of unreturned wild land for the year 1874, which said boJk is and was a book of record,
kept and used in the o:nce of him, the said Comptroller-
General, in the month of May, 1879, or since then, the name of ''D. Lott, agent," which said name and words weFe so wr.mgfully and fraudulently entered in the book of record aforesaid, immediately over and above the words "Raundo & Co., paid," and "Fox & Co., paid," which last recite<.! words and entries then stood written on said book of record, and had been so written and recorded in said book of record, since the 14th day of June, 1875; said wrongful and fraudulent entries having been so made by said James M. Goldsmith, with the intent to change the meaning and effect of the said original entries in the m:mner more fully set forth in the next preceding article, whereby the said \Vashington L. Goldsmith, Comptroller-General, did commit, and was and is guilty of a high misuemcanor in ofnce.

ARTICLE THIRTEENTH.
That the said Washington L. Goldsmith, ComptrollerGeneral of the State of Georgia, did, at the city of Atlanta, in the county of Fulton, in said State, and on the rst day of October, in the year of our Lord, 1878, willfully, knowingly and corruptly prepare, make and exhibit to His Excellency, the Governor of said State, ar;d to the Legisla ture of said State, incorrect, improper, f<.tlsc and deceptive statements, reports and exhibits of anJ concerning the public moneys that had been collected, paid to and received by him, the said Washington L. Goldsmith, ComptrollerGeneral, for and during the fiscal year, beginning on the 1st day of January, in the year of our Lord, 1878, and up to and including the rst day of October, in the year of our Lord, I 878, with the intent aml purpose then and there to mislead and deceive His Excellency, the Governor of said

AUGUST 16, 1879.

709

State, and with the intent and purpose then and there to mislead, deceive and defraud all the people of said State; whereby, !'aid vVashington L. Goldsmith, ComptrollerGeneral, as aforesaid, did then and there commit, and was then and there guilty of a high misdemeanor in office.
Specification first-That the said Washington L. Goldsmith, Comptroller-General of the State of Georgia, did, at the city of Atlanta, in the county of Fulton, in said State, and on the I st day of. October. in the year of our Lord, 1878, willfully, knO\vingly and corruptly prepare, make and exhibit to His Excellency, the Governor of said State, and to the Legislature of said State, an official report in writing, in which be falsely stated that the amount of insurance tax which had been received by him from the 1st day of January, in the year of our Lord, 1878, up to and including the 1st day of October, in the year of our Lord, 1878, was only the sum of $:i57 54, when, in truth and in fact, the sum so collected'by said vVashington L. Goldsmith. Comptroller-General, as aforesaid, from the said 1st day of January, in the year of our Lord, 1878, as. aforesaid, up to and including the 1st day of October, in the year of our Lord, 1878, as aforesaid, was the sum of
$6, 13445 Said Washington L. Goldsmith, Comptroller-General,
as aforesaid, having made such false statement and report, with intent then and there to deceive His Excellency, Alfred H. Colquitt, the Governor of said State, and with intent then and there to deceive and mislead the Legislature and the people of said State, as to the true amount received by him, the said vVashington L. Goldsmith, ComptrollerGeneral, as afores<tid, from insurance taxes for the said specified time, towit: from the first clay of January, in the year 1878, to and including the 1st day of October, in the year 1878.
Whereby, said Wa~hington L. Goldsmith, ComptrollerGeneral, as aforesaid, did then and there commit, and was then and there guilty of a high misdemeanor in office.
ARTICLE FOURTEENTH.
That Washington L. Goldsmith, Comptroller-General, as afore~aid, has, while in the office aforesaid, illegally, fraudulently and corruptly, of the money of the State re~eived by him as such Comptroller-Genrral, arpropliateg

710

SENATE JouRNAL APPENDIX

and converted to his own use divers large sums of the amounts and character, and for the times and periods set out and described in articles 8 and 10.
Whereby, the said Washington L. Goldsmith did commit,
and was guilty of a high misdemeanor in office.
ARTICLE FIFTEENTH.
That the said Washington L. Goldsmith, Comptroller-
General, aforesaid, unmindfulof the duties of his high office, and in disregard of the propriety and respect that ought to attend and be exhibited by the several officers of the government of said State, and by every citizen thereof, toward th~ members of the Legislature thereof, and in violation of the Constitution of said State, did, at the city of Atlanta, in the county of Fulton, in said State, and on the IOth, 12th and 15th days of July, in the year 1879,collude, combine and conspire with one Hinton P. Wright, and did there and then employ and procure the said Hinton P. wright to improperly and unduly direct, influence and control the official conduct of the Hon. Parish D. Davis, who was then and there a member of the House of Representatives of said State, and as such was then and there, and for some time before then, occupied and employed as one of a joint committee of said House of Representatives, and of the Senate of said State, in examining into, with ti-re view of reporting thereon to the said Legislature the conduct, actings and doings of the said Comptroller-General. in and about the collection and disposition of the taxes before then charged and assessed against the wild lands in said State; and in and about the actings and doings of said ComptrollerGeneral, in connection with the wild lands aforesaid; and in pursuance of the improper and unlawful combination with the said \Vright, as aforesaid, and under the unlawful and improper employment of the said Wright, aforesaid; he, the said Goldsmith, Comptroller-General, did, on said roth day of July, in said year, write and prepare, or cause to be written and prepared, a certain statement, in the form of a letter, containing divers words and allegations contradictory of and in conflict with divers matters, statements and allegations contained in a certain report in writing, signed by the said Parish D. Davis, as a member of said Legislature, and as one of said joint committee, which re-

port had been before said roth day of July, to wit: on the 7th day of said month, 1879, rendered and submitted by said committee, or by a majority of the members thereof, to the General Assembly of said State, and did, on the same day on which said letter was so written and prepared, also prepare, write and attach thereto, and did make a part thereof, the following words in writing, to-wit: ''We, the undersigned, concur in the facts set forth in the above statement, July ro, r879," true copies of which letter, and of said last quoted words (in print), are attached to this article, and made a part thereof, and he, the said Comptroller-General, did then and there place and commit, in the hands of said vVright, for the unlawful and improper purpose and design aforesaid; and, thereupon, on the I 5th and 16th days of said month of July, 1879, the said Hinton P. Wright, while acting under the direction and employment of the Comptroller-General, aforesaid, and in furtherance of the unlawful and improper comb.nation and conspiracy aforesaid, did, on the days last aforesaid, and at said city of Atlanta, and outside the Capitol building of said State, and in the absence of the other members of said joint committee, and privately, offer and propose to him, the said Parish D. Davis, to pay and deliver to him then and there the sum of $250 in money, and one suit of clothes, provided the said Parish D. Davis would then and there consent to sign his name to the statement and words so written at the end of said letter by the said Goldsmith, as aforesaid, with the intent then and there corruptly and improperly to influence and control the said Parish D. Davis in his official conduct as a member of said House of Representatives, and as one of said joint committee; and, in furtherance of said conspira:y, did, at divers other places, and on divers other days, and by means of divers other improper, unlawful and wicked proposals and contrivances, the said Wright did attempt to influence and control the official conduct of said Parish D. Davis.
Whereby, the said Washington L. Goldsmith, Comptroller-General, did then and there commit, and was then and there guilty of a high misdemeanor in office.
"To the Chairman and Members of tlze Wzld La11dCommittee:
"GENTLEMEN-I know that to have you repair a wrong unintentionally done me in your report, it is only neces-

712

SENATE JouRNAL APPENDIX

sary that I should bring to your attention the fact that such wrong has been committed. In your investigation, as members of the vVild Land Committee, I have COOperated with you by every means in my power to bring out all the facts connected with the transfer of ft. fas and the sale of wild lands. There is no circumstance within my knowledge that I have not freely communicated, and, as far as my personal acts are concerned, I have disclosed to you, without reservation, every act of my administration; for I was more interested than you possibly could be, that your investigation should be full and complete, as I knew that its results would completely vindicate me from any complicity in doubtful transactions; and while your report was intended to have this effect, the omission of your chairman to embody certain amendments adopted by the committee, and to which I will hereafter make reference, subject<; me to the criticism of the censorious; and while, as a private person, I might be indifferent to their cen-,urc, as a public officer I cannot afford to leave a 'loop whereon my enemies might hang a doubt.'
"I do not propose to di5cuss the legality of the transfers, or the recommendation which you make to declare them void, because these recommendations are concurred in by a majority of your committee, and because, if they are valid, no legislation can make them void ; and if they are void, no legislation can milke them valid. The law of r874 fixes their status, and what that is the courts, I presume, will determine in reference to the law, as it then existed. Being doubtful myself as to the transfers, I applied to the Attorney-General, and acted on hi'> opinion. If the transfers are declared void by the courts, I shall have no sympathy with any one except such bona fide purchasers as may have been, under the opinion of the Attorney-General, misled in the investment of their money. Beyond this, I shall rejo:ce with the committee in the defeating of any frauds that may have been perpetrated by any one.
"The portion of your report that docs not express what I understood to be the views of a majority is the omission to state, 'that it was in evidence that before the appointment of your committee, I had taken of-ficial action through the Solicitor-General, in Dodge and Montgomery counties, to compel the sheriffs, by rule, to account for the
eqtire sales in those counties, less the legal costs anq

AuausT 16, 1879
amount of taxes paid to the State by the transferees,' and at the time of your investigation it was in evidence that I had directed rules to be is:;ued against every sheriff who had failed to make proper returns. In doing this, I had exhausted my power as Comptroller, and if any unnecessary delay has occurred, the fault, if fault there be, is in the judiciary, and not in my department. These views, I understood, were concurred in by a majority of your commit tee, and were to be embodied in the report. If these facts were stated, I should have no complaint, but their omission leave an inference that I had left undone what I ought to have done in order to compel an accountability by the sheriffs.
"Another fact in evidence and omitted, is that there is no evidence of any owner of a lot having suffered, or of having even complained that the excess of sales over cost and taxes had in any instance been paid to anyone other than himself, or that any owner had applied to the Comptroller for such excess and failed to receive it. Again, the report
refers to my having redeemed ft. .fas. from transferees to
the amount of $8, 176.23, without any warrant from the Governor.
"The evidence and my statement shows that this was not public money, but was money received py the Comptroller
from transferees of ft. .fas. in consequence of improved
lands being by mistake retnrned by several receivers as wild
lands. Misled by these returns, I issued ft. .fas. under the
wild land act, and received for them $8, I 76. 23. The mis
take being discovered, the ft. .fas. thus issued against im-
proved lands as wild lands. were found to be illegal; were ordered returned by m<::; were returned and cancelled, and the money received by me as Comptroller by mistake on ft. ftas. issued without authority of law, was returned by me to the parties from whom it was received. It never be came public money; it was received by the authority of no law enacted hy the Legislature. It was money received on void ft. fas. issued by mistake; and if they had not been called in and cancelled, sales would have been made under them, involving innocent parties in expensive litigation. The $10,176.06 is subject to cost due the Comptroller, and the balance is held uuder the wild land act, subject to de!T'and
frQU1 tq~ Qwners. The surplus, not called for in a reasona,

SENATE JouRNAL APPENDIX
ble time, will be cove~ed into the Treasury as the $3,699.72 reported to the commtttee. . ''I also understood that the committee agreed to report, mstead of what was reported, 'that, after thorough investigation, nothing could be fonnd to implicate the Comptroller-General, directly or indirectly, in any fraud or speculation whatsoever.'
"All these facts are borne out by the evidence and my statement before the committee, and I understand were to be covered by the report. They have been omitted, and as the omission subjects the report to misconstruction, I ask you r~spectfully to indicate, by your concurrence in this statement, the truth of the facts set forth.
"I make this request because I feel confident that it will be your pleasure to do for me this act of justice.
"W. L. GoLDSMITH."
"We, the undersigned, concur in the facts set forth in the above statement.
"July 10th, 1879"
ARTICLE SIXTEENTH.
The said Washington L. Goldsmith, Comptroller-General, as aforesaid, unmindful of his oath of office, and of the duties of his office, and in disregard of the Jaws of said State, on the- day of July, in the year of our Lord, I :;;9, and at divers other dates and times during said month of July, aforesaid, at Atlanta, in the county of Fulton, and State of Georgia, aforesaid. did wrongfully, wickedly and corruptly procure and employ one Hinton P. Wright to endeavor, by improper, wicked and corrupt means, to iri fluence the official conduct of the Honorable Lewis Strickland, a member of this House, and a member of the Joint Committee of the House of Representatives and Ser.ate of said State, charged with the duty of investigating the sales of wild lands in said State, and of the conduct of said Washington L. Goldsmith, as Comptroller-General, as aforesaid, in connection therewith, and did wickedly and corruptly employ said Wright to obtain the signature of said Honorable Lewis Strickland to a certain letter or statement designed to vindicate the conduct of said Washington L. Goldsmith, as Comptroller-General, as aforesaid, a printed copy of which said letter or statement is hereunto annexed, and that said Hinton P. Wright, in furtherance of his

AUGUST 16, 1879

said wicked and corrupt employment, as aforesaid, and with the knowledge and consent, and by the procuren~ent of said Washington L. Goldsmith, as aforesaid, did on said- day of July, aforesaid, by offering the said Honorable Lewis Strickland the sum of $I 50, and by divers wicked and corrupt insinuations and proposals, and by divers other improper and wicked means and contrivances, endeavor to induce the sairl Honorable Lewis Strickland to sign said letter or statement, as a member of said committee charged with said investigation,as aforesaid.
Whereby, said Washington L. Goldsmith, ComptrollerGeneral, as aforesaid, did then and there commit, and was then ,md there guilty of a high misdemeanor in office.

''To the Clzazrma1l and Members of t!te. Tf7ild Land Com-

mz'ttee:

"GENTLEMEN-I know to have you repair a wrong unin-

tentionally done me in your report, it is only necessary that

I should bring to your attention the fact that such wrong

' has been committed. In your investigation as members

of the wild land committee, I have co-operated with you by every means in my power to bring out all the facts ~con

nected with the transfer of fl. fas. and the sales of wild

lands. There is no circumstance within my knowledge

that I have not freely communicated, and, as far as my per-

sonal acts are concerned, I have disclosed to you, without

reservation, every act of my administration; for I was more

interested than you possibly could be, that your investiga-

tion should be full and complete, as I knew that its results

would completely vindicate me from any complicity in

doubtful transactions; and while your report was intended

to have this effect, the omission of your chairman to em

body certain amendments adopted by the committee, and

to which I will hereafter make reference, subjects me to the

criticism of the censorious; and while, as a private person, I

might be indifferent to their censure, as a public officer I

cannot afford to leave a 'loop whereon my enemies might

hang a doubt.'



"I do not propose to discuss the legality of the transfers,

or the recommendation which you make to declare them

void, because these recommendations are concurred in by

a majority of your committee, and because, if they are

valid no legislation can make them void ; and if they are

716

SENATl!: JouRNAL APPENDix

void, no legislation can make them valid. The law of 1874 fixes their status, and what that is the courts, I presume, will determine in reference to the law as it then existed. Being doubtful myself as to the transfers, I applied to the Attorney-General, and acted on his opinion. If the transfers are declared void by the courts, I shall have no sympathy with any one except such bona fide purchasers as may have been, under the opinion of the Attorney-General, misled in the investment of their money. Beyond this, I shall rejoice with the committee in defeating of any frauds that may have been perpetrated by any one.
"The portion of your report that does not express what I understood to be the views of a majority, is the omission to state 'that it was in evidence that before the appointment of your committee, I had taken official action, through the Solicitor-General, in Dodge and Montgomery counties, to compel the sheriffs, br rule, to account for the entire sales in those counties, less the legal costs and amount of taxes paid to the State by the transferees,' and, at the time of your investigation, it was in evidence that I had directed rules to be issued against every sheriff who had failed to make proper returns. In doing this, I had exhausted my power as Comptroller-General, and if any unnecessary de:dy has occurred, the fault, if fault there be, is in the judiciary, and not in my department. These views, I understood, were concurred in by a majority of your committee, and were to be embodied in the report. If these facts were stated, I should have no complaint, but their omission leave a .. inference that I had left undone what I ought to have done in order to compel an accountability by the sheriffs
"Another fact, in evidence and omitted, is that there is no evidence of any owner of a lot having suffered, or of having even complained that the excess of sales over cost and taxes had in any instance be:::n paid to anyone other than himself, or that any owner had applied to the Comptroller for such e>cess and failed to receive it. Again, the report refers to my having redeemed fl. fas. from transferees to the amount of $8, 176.23, without any warrant from the Governor.
'The evidence and statement shows that this was not public money, but was money received by the Comptroller from transferees of fl. fas., in consequence of improved lands being by mistake r~turned by sev~r~l receivers as wild lanos.

Misled by these returns, I issuedfi. fas. undedhe wild land act, and received for them $8, I 76. 23. The mistakes being
discovered, the fl..fas. thus issued against improved land3
as wild lands, were found to be illegal; were ordered returned by me; were returned and cancelled, and the money received by me as Comptroller by mistakeonji. .fas. issued without authority of law, was returned by me to the parties from wnom it was received. It never became public money; it was received by authority of no law enacted by the Leg-
islature. It was money received on voidfl. .fas., issued by
mistake ; and if they had not been called in and cancelled, sales would have been made under them, involving innocent parties in expensive litigation. The $10, I76.06 is subject to costs due the Comptroller, and the balance is held under the wild land act subject to demand from the owners. The surplus not called for in_ a reasonable time, will be covered into the Treasury as the $3,699.72 reported to the committee.
"I also understood that the committee agreed to report, instead of what was reported, that 'after thorough investigation, nothing could be found to implicate the Comptroller-General, directly or indirectly, in any fraud or speculation whatsoever.'
"All these facts are borne out by the evidence and my statement before the committee, and I understood were to be covered by the report. They have been omitted, and as the omission subjects the report to misconstruction, I ask you respectfully to indicate, by your concurrence in this statement, the truths of the facts set forth.
"I make this request, because I feel confident that it will be your pleasure to do for me this act of justice.
"W. L. GoLDSMITH."
"We, the undersigned, concur in the facts set forth in the above statement.
"July 10th, 1879"
ARTICLE SEVENTEENTH.
That the said Washington L. Goldsmith, ComptrollerGeneral, as aforesaid, by the proceedings and conduct set forth in the foregoing articles and specifications, contrary to the high and important trust confided to him a<> Comptroller-General, as aforesaid, has, for the sake of lucre and gain and his own personal aggrandizement, been disgracefully

SkNATE JouRNAL APPENntx
instrumental in establishing a precedent subversive of the good faith which ought to be found in the actings and do ing:! of all persons to whom the great concerns of this State and the good citizens thereof may be hereafter con fided.
Whereby, the said Washington L. Goldsmith, ComptrollerGeneral, as aforesaid, has committed, and is guilty of a high misdemeanor in office.
And the said House of Representatives, by protestation, save to themselves the liberty of exhibiting at any time hereafter any other accusation or impeachment, and also of replyillg to the answer that the said Washington L. Goldsmith shall make thereto, and of offering proof of the premises and of any other impeachments or accusations that shall be by them exhibited against the said \Vashington L. Goldsm.ith, and they pray that the said Washington L. Goldsmith may be put to answer to all and every of the said articles, and that such proceedings, trials and judgments may be had as may be agreeable to law and justice.
Mr. Hall, of Spalding : Resolved, That the House of Representatives do adopt the foregoing several articles of impeachment and specifi cations thereto against Washington L. Goldsmith, Comptroller-General.
Read and agreed to August I 5th, r879 A. 0. BACON,
Speaker of t!ze House of Represmtatives. HENRY R. GoETCHrus,
Clerk of tlze House of Representatives.
Upon the conclusion of the reading, the President announced: ''The Senate will take proper order on the sub ject of this impeachment, of which the House of Representatives will have notice."
Thereupon, the manag~rs and members of the House retired and returned to their own chamber.
Mr. Howell offer~d a resolution, to take order in the proceeding, as follows:
Resolved, That the Senate shall be organized as a Court of Impeachment of the State of Georgia, for the trial of Washington L, Goldsmith, Comptroller-General, upon the articles of impeachment exhibited against him by the

AuGUST 21, t879
1-iouse of Representatives, on Thursday, the 2 Ist inst., at I I o'clock, a. m., and that the Secretary notify the House of Representatives and the Hon. Hiram Warner, Chief Justice of the Supreme Court, accordingly ; and that the Secretary issue for the defendant an original and a copy summons, as provided in the Rules of Procedure adopted by the Senate for trials in cases of impeachment, which shall be served upon the defendant by the Messenger at least two days before the time of appointment.
The resolution was adopted. The President ordered the Secretary to give the notices, and have the required services perfected, as designated in the resolution.

SENATE CHAMBER, } Atlanta, Ga.; August 2Ist, 1879.

At I I o'clock, a. m., the President announced that the

hour for the organization of the Senate as a High Court of Impeachment had arrived, and requested the committee,

appointed for the purpose, to conduct the Chief Justice of the Supreme Court of the State to the chair.

The Chief Justice appeared in the Senate Chamber, escorted by the committee and accompanied by the Hon-

orable James Jackson, Associate Justice of the Supreme

Court of the State, and was received by the Senators rising.

The President then announced as follows: 'According-

to order, the Senate will now be organized as the High

Court of Impeachment of the State of Georgia, for the trial of Washington L. Goldsmith, Comptroller-General."

Whereupon, the Honorablf Hiram Warner, Chief Justice, took the following oath, the same being administered

by the Honorable James Jackson, Associate Justice of the Supreme Court vf this State, to-wit :

"You solemnly swear that, in all things appertaining to the trial of the impeachment of Washington L. Goldsmith,

now pending, you will do impartial justice, according to

the Constitution and laws of this State. So helo you

God."



The President retired from the chair, which was assumed

bnyoutnhce.mCghaiesf

J ustice,,who follows :

called

the

Senate

to

order'

au.

720

SENATE jouRNAL APPENOIX

"Senators :
''In obedience to the mandates of the Constitution, i

am here to organize you as a Court for the trial of articles

of impeachment preferred by the House of Representa-

tives against the Comptroller-General of the State."

The Chief Justice then directed the Secretary to call the

Senators in alphabetical order, by four at a time, for the

purpose of their qualification.



The Secretary proceeded with this duty, when the Sen-

ators were qualified, each taking the prescribed oath, ad-

ministered by the Chief Justice, to-wit:

"You do solemnly swear that in all things appertaining

to the trial of the impeachment of Washington L. Gold-

smith, now pending, you will do impartial justice, accord-

ing to the Constitution and laws of the State. So help

you God."

The following list comprises the Senators who were

qualified, and shows the order of their qualification :

Messrs. Boyd, Bower, Bryan and Cabaniss.

Messrs. Candler, Casey, Clarke and Clements of the 44th.

l\!Iessrs. Clifton, Cumming, Drake and DuBose.

Messrs. Duncan, Fain, Folks and Hamilton of the 14th.

Messrs. Hamilton of the 2 rst, Harrison, Hawkins and

Head ..

Messrs. Hodges, Holcombe, 1-folton and Howell.

Messrs. Hudson, Lumpkin, McDaniel and McLeod.

Messrs. Perry, Prc:ston, Russell and Simmons.

Messrs. Speer, Staten. ~tephcns and Tison of the 4th.

Messrs. Tison of tl1e roth, Troutman, Turner, Wellborn

and MR. PRESIDENT.

The following Senators were absent, by leave of the Sen-

ate, to-wit:

Messrs. Clements o the I 5th, Grantland and Grimes.

Mr. McD,micl asked to be excused from service on this

impeachment, for the following reason, to-wit: the exist-

ence of a relationship between the wife of the accused and

himself, the degree of which being remote, was specifically

stated by the Scnat(,r,

The Chief Justice ruled that the reason assigned by the

SP.nator was not a sufficient legal excuse from service, but

submitted the question as to his relief from the same to a

vote of the Senate.

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

AuGuST 21, tSj'g.

Boyd, Bower, Bryan, Cabaniss, Casey, Clarke, Clements of the 44th,
Clifton, Cun.ming, Drake, DuBose, Duncan, Fain,

Folks, Hamilton of the 14th, Hamilton of the 21st, Harrison, Hawkins, Head, Hodges, Holcombe, Holton,
Howell, Hudson, Lumpkin,

McLeod, Perry, Preston, Simmons,
Speer, Staten, Stephens, Tison of the 4th, Tison of the lOth, Tr.,utman,
Wellborn,
MR. PRESIDENT.

Ayes, o. Nays, 37 Excused, 4 Absent, 3

So the Senate refused to excuse Mr. McDaniel from said

service. Messrs. Candler, McDaniel, Russell and Turner were,
on their several applications, excused from voting on the pending proposition.
The Hon. Mr. Russell and l-Ion. Mr. Candler, submitted the following to the Court :
Mr. Russell, in behalf of himself and Mr. Candler, presented the following statcmen t:

To the Honorable Court of lmpcac/mmzt:

vVe ask to be excused from sitting as triors in the matter of the impeachment of Washington L. Goldsmith, Comptroller-General. We ask this because the articles of impeachment are mainly based on facts and proofs reported by a special joint committee, of which we were members. This impeachment was brought about indirectly, if not directly, by the reports of that committee. We have, by signing and submitting those reports, formed and expressed opinions on the facts of the case and the law applicable thereto. We do not, however, ask to be excused because our minds are so fixed in opinion that they cannot be changed by evidence and argument sufficient to control an honest and fair judgment, but because we desire to be relieved from the unpleasant task of passing on the matter a second time. From the foregoing consideration, and a feeling of delicacy in the matter, we feel disinclined to act, and respectfully submit the matter to the Senate.
D. A. RussELL, A. D. CANDLER,
Senators.

The Chief Justice ruled that the reasons assigned in the

46

SENATE JOURNAL APPENDIX

foregoing statement were not sufficient legal reasons to ex." cuse the Hon. Senators, as requested by them, but he submitted the question as to whether they should be excused to a vote of the Senate.

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

Bower,
Cabaniss, Cumming,

DuBose,
Fain, Holton,

Perry, MR. PRESIDENT.

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

Boyd, Bryan.
Casey, Clarke,
Clements of the 44th, Clifton, Drake, Duncan, Folks, Hamilton of the 14th,

Hamiltnn of the 21st, Harrison,
Hawkins, H,ad
Hodges, Holcombe, Howell, Hudson, Lumpkin, l\IcDaniel,

McLeod, Preston,
Simmons, Speer,
Staten, Stephens, Tison of the 4th, Tison of the lOth, Tmutman, Wellborn.

Ayes, 8. Nays, 30. Not voting, 6.

So the Senate refused to excuse the Senators, in accorda~ce with their request.

Mr. Speer, of the 27th district, asked to be excused from the duty of voting on the final question in the trial of this Impeachment, on account inability, by reason of his delicate health, to attend regularly upon the trial.

The question of excusing the Hon. Mr. Speer from voting on the final question of said Impeachment, was submitted to the Senate.
Those who votect in the affirmative are, to-wit-Messrs.

Bower,

Holton,

Howell.

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

Boyd,
Bryan. Cabaniss,
Candler, Casey, Clarke, Clements, Clifton, Cumming, Drake, DuBose, Duncan,

Fain,

McLeod,

Folks.

Perry,

Hamilton of the 14th, Prl ston,

Hamilton of the 21st, Bussell.

Harrison,

Simmons,

Hawkins,

Staten,

Head,

Stephens,

Holcombe,

Tison of the 4th,

HHnlcHll~.voens:

Tison of the lOth, Troutman,

Lumpkin,

\Vellborn,

McDaniel,

Mn. PnESIDENT

Ayes, 3 Nays, 36. Not voting, 5 So the Senate refused to excuse the Hon. Mr. Speer, in accordance with his request.

AuGusT 2i, rS]g.
The following statement was submitted by Mr. Turner, to-wit:
To the Honorable Higlt Court of Impeachment:
I arise to a question of privilege, and desire to state to the Senate that I am one of those commonly known as
transferees of wild land .ft. fas. It is true, sir, that I had transferred in my name one hundred and eleven fl. fas. to
lots known as wild lands in the county of Decatur, for which I paid the Comptroller the tax and fifty cents on each.ft.fa. A great many of these lots were improved or claimed, whether by owners or squatters, I know not, as I did not examine the titles; but, under instructions from
the Comptroller-General, I returned such fl. fas to his
office, and he refunded me the amount of money paid him on each fl. fa. returned. I had these fl. fas. transferred with no intention of defrauding either the State or the true owner, and I am more than willing that every member of this Senate, and every man in this State, should be made fully acquainted with the transaction.
I thought, in having these fl. fas. transferred to me,
that I was pursuing, in every particular, the letter and spirit of the law. I pursued the course laid down in the statutes as to advertising and selling, and followed, in every particular, the instructions of the Comptroller-General. Of the one hundred and eleven fl. )as. transferred to me, I sold and transferred to parties claiming the lands twentyseven; as the balance came under the Comptroller's in-
struction of improved lands, consequently the fl. fas.
against them were returned to the Comptroller's office. I have a conscientiousness of having done no wrong to my State, my people or myself, and am as ready as any Senator on this floor to condemn and punish any misdoings concerning such matters.
I have made thi5 statement to the Senate in regard to my connection with the wild land transaction, that my position and connection with it may be fully understood. This I do in justice to myself and the district I represent on this floor. It is with you, Senators, to say whether I am qualified to sit in judgement in this case, the State vs. W. L. Goldsmith, or not.
J. P. TURNER,
Senator Seventh District.

SENATE JOURNAL APPENDIX

The Chief Justice ruled that the reasons offered in the foregoing statement did not constitute sufficient legal reasons to excuse the Senator, but he submitted the question as to whether the Senator should be excused to a vote of the Senate.

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

ME. PREBIDE:NT.

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

Boyd, Bower, Bryan, Cabaniss, Candler, Casey, Clarke, Clements of the 44th,
Clifton, Cumming, Drake, DuBose, Duncan,

Fain, Folks. Hamilton of the 14th, Ha1nilton of the 21st, Harrison, Hawkins, Her,tl, Hoclu:es,
Holcrnnbe, Holton, Howell, Hudson, Lumpkin,

McDaniel, McLeod, Perry, Preston, Bussell, Simmons, Speer. Staten,
Stephens, Tiwn of the 4th, Ti;-on of the lOth. Troutman, Wellborn.

Ayes, 1. Nays, 39 Not voting, 4 So the Senate refused to excuse Hon. Mr. Turner, of the ;th, from serving upon the impeachment trial now pending. The Chief Justice announced that the High Court of Impeachment is now organized and ready to proceed as such with the business before it. Mr. Wellborn offered the following, to wit : ''Ordered, that the Secretary forthwith inform the House of Representatives that the Senate, having organized as the High Court of Impeachment, is now ready to receive the Managers for the purpose of proceeding upon the trial ofthe impeachment of Washington L. Goldsmith, Comptroller-General. The question of adopting the same was submitted by the Chief Justice to a vote of the Senate.

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

Boyd, Bower, Bryan, Cabaniss, Candler, Casey, Clarke, Clements of the 44th,
Clifton,

Folks, Hamilton of the 14th, Hamilton of the 21st, Harrison, Hawkins, Head,
Hod~es,
Holcombe, Holton,

Perry, Preston Russell,'
Simmons, Speer, Staten, Stephens, Tison of the 4th, Tison of the lOLh,

AUGUST 21, 1879

Cumming, Drake, DuBose, Duncau, Fain,

Howell, Hnclson, Lumpkin, .McDaniel, McLeod,

Troutman, Turner, Wellborn,
MR. PRESIDENT.

Ayes, 4 I. Nays, o.

So the order was adopted, and the Secretary notified the House of Representatives in obedience to the requirements

ofthe same.

The Managers of the House of Representatives were re-

ceived and seated in the Senate Chamber.

The Chief Justice then inquired of the Managers if they

were ready to proceed, whereupon the chairman, Mr. Turner, responded that, so far as known, the Managers were ready to proceed with the trial, and that they so an-

nounced.

The following evidence of the service of the accused was then read by the Secretary, by order of the Chief Justice,

to-wit:

Served the defendant, \Vashington L. Goldsmith, Comptroller-General of the State of Georgia, personally,

with a copy of the within Articles and Specifications of

Impeachment, this August 18th, 1879.

(Signed.)

ANDREW J. CA:viERON,

Sergemzt-at-Amzs and Messenger of tlze Senate.

The Chief Justice ordered that the Sergeant-at-Arms direct the defendant to come into Court.
This duty being performed, Washington L. Goldsmith, Comptroller-General of the State, appeared at the bar of the High Court of Impeachment.
The Chief Justice inquired of the accused whether he desired to be represented by himself or by counsel.
The accused responded, through his counsel, that he desired to be represented both by himself and counsel.
The Secretary then proceeded, by order of the Chief Justice, to arraign the defendant, as follows, to-wit :
"Washington L. Goldsmith, attend to the Articles of Impeachment which the House of Representatives has exhibited against you, and say whether you are guilty or not guilty," whereupon the Secretary proceeded to read said Articles, wnen the defendant, by his counsel, proposed to waive the reading thereof in writing, as follows, to-wit:

720

SENATE JOURNAL APPENDIX

THE HousE OF REPRESENTATIVEs AND ALL

THE PEOPLE OF GEORGIA,

VS.

IMPEACHMENT.

WASHINGTON L. GOLDSMITH, COMPTROLLER-

GENERAL.

I, Washington L. Goldsmith, Comptroller-General,

hereby waive the reading of the Articles of Impeachment

upon arraignment in the above stated case.

This August 2I, 1879

(Signed,)

W. L. GoLDSMITH,

Comptroller- G'eneral.

The defendant, by his counsel, asked a continuance for the period of ten days for the purpose of preparing his defence, whereupon Mr. Clarke submitted the following order, to-wit :
Ordered, That Washington L. Goldsmith, ComptrollerGeneral, be allowed till I 1 o'clock \Vednesday next, to prepare his answer or defence, and that any answer which he may desire to file be filed by that hour ; and that the Senate, sitting as a Court of Impeachment, will then proceed forthwith to the trial of the Impeachment against him.
Mr. Cumming proposed to amend the foregoing order by substituting Monday, September 1st, for ''Wednesday next."
This amendment was submitted to a vote of the Senate. Those who voted in the affirmative are, to-wit-Messrs.

Boyd, Bower, Bryan, '_;abaniss,
Candler, Casey, Clements, Clifton, Cumming, Drake, DuBose,
Duncan,

Fain, Folks, Hamilton of the 14th,
Hamilton of the 21st, Harrison, Hawkins, Hearl, Hodges, Holton, Howell, Hudson,

Lumpkin, McDaniel, Perry, Preston, Simmons, Speer, Stephens, Tison of tbe4th, Troutman, Turner,
Wellborn.

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

Clarke, Holcombe,
McLeod,

Russell, Staten,

Tison of the lOth,
MR. PRESIDENT.

Ayes, 34 Nays, 7 So the amendment was agreed to.

SEPTEMBER I, I879

727

The question ofadopting the proposed order, as amended, was then submitted to a vote of the Senate.
Those who voted in the affirmative are, to-wit-Messrs.

Boyd, Bower, Bryan, Cabaniss, Candler,
Casey, CClleamrke~ets, Clifton, Cumming, Drake, DuBose, Duncan,
~'ain,

Folks, Hamilton of the 14th,
Hamilton of the 21st, Harrison, Hawkins, Head, HHoolcd~ormc'sbe, Holton, Howell Hndson',
Lumpkin,
McDani'"l,

Perry, Preston, Russell, Simmons, Speer, StatPn, Stephens, Tison of the 4th, Tison of the lOth, Trontman, Turner, Wellborn, Jng. PnESIDENT.

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

McLeod.

Ayes, 40. Nays, I. So the order, as amended, was adopted. On motion of Mr. Hawkins, the High Court of Impeachment adjourned until Monday, September the 1st, at I I o'clock, a. m., in accordance with the foregoing order for continuance, and the Chief Justice retired from the chair.

SENATE CHAMBER, } Atlanta, Ga., September Ist, 1879
At the hour of 1I o'clock, a.m., the Senate resumed its session, according to order, as the High Court of Impeachment, the Honorable Hiram \Varner, Chief Justice, presiding.
The Managers, on the part of the House of Representatives, and the respondent, \Vashington L. Goldsmith, Comptroller-General, accompanied by his counsel, appeared in the Court.
On motion of Mr. Lester, the prescribed oath was administered by the Chief Justice to the Hon. Mr. Grimes and the Hon. Mr. Grantland.
Mr. Howell offered the following as an amendment to the rules of the Court of Impeachment, to-wit :
Amend the 27th rule by adding, in the 2d line thereof, after the word ''doors," the words ''or retire to the President's room."

728

SENATE JOURNAL APPENDIX

On the question of adopting the same, the ayes and nays were ordered to be recorded

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

Bower, Bryan, Cabaniss,
Candler, Casey, Clements, Clifton, Cumming, DuBose, Duncan, Fain, Folks, Grantland,

Grimes,

Preston,

Hamilton of the 14th, Russell,

Hamllton of the 21st, Simmovs,

Harrison,

Speer,

Hawkins,

Staten,

Head,

Stephens,

Holcombe,

1'isnn of the 4th,

Howell,

Tison of the lOth,

Lumpkin,

Troutman,

McDaniel,

Turner,

McLeod,

WE'll born,

Perry,

MR. PRESIDENT.

Ayes, 37- Nays, o. Absent, 6.

So the said amendment was adopted.

The following defence was then filed by Washington L.

Goldsmith, Comptroller-General, and read, to wit:

In the Senate of the State of Georgia, sitting as a Court

of Impeachment.
THE STATE OF GEORGIA

f

vs.

WASHINGTON L. GOLDSMITH,

Comptroller-General.

)

Upon Articles of Impeachment of the House of Repre sentatives o1 Georgia, of high misdemeanor in office.
The defense of Washington L. Goldsmith, ComptrollerGeneral, to the Articles of Imp..:achment exhibited against him by the House of Representatives.

ARTICLE FIRST.
The defendant denies that the matters contained in the first article, and the specifications thereto attached, in manner and form as they are therein stated, and set forth, do, by law, constitute a high misdemeanor in office, and an offence of which this Court has jurisdiction. And, without waiving objection to the insufficiency of said article and specifications, but sti!l relying thereon, defendant says he is not guilty, as charged in said article, and he says it is not true, as charged, that he, unmindful of the duties of his office, and of the laws of the State of Georgia, did illegally, wrongfully and corruptly charge, demand and receive fifty cents as

SEPTEMBER I, 1879
costs on each and every writ ofjierfadas for tax on wild land, issued by him as Comptroller-General of Georgia, said writsofjier facz'as thus issued, numbering in allg, 165, and said sums then illegally, wrongfully and corruptly charged, demanded and received, as aforesaid, aggregating $4.582.50.
ARTICLE SECOND.
The defendant denies that the matters contained in the second article, in manner and form as they are therein stated and set forth, do, by law, constitute a high midemeanor in office, or an offence cogniz~1 ble in this Court. And, notwaiving objection to said article, but still relying thereon, defendant says he is not guilty as charged in said article, and he says it is not true that he did illegally, wrongfully and corruptly issue eight certain writs of fieri facias for tax on the lots of land mentioned in said article, in violation of law, and before said iots had been advertised for thirty days, as required by law.
ARTICLE THIRD.
The defendant denies that the matters contained in the third article, in manner and form as they are therein stated and set forth, do, by law, constitute a high misdemeanor in office, or an offence cognizable in this Court. And, not waiving objection to said article, but still relying thereon, defendant says he is not guilty as charged in said article, and it is not true, as charged therein, that this defendant, on the 25th day of September, 1877, did, under color of his office of Comptroller-General, illegally, wrongfully and corruptly charge, demand, receive and extort from one W. P. Anderson, the sum of $4.00. claiming the same as costs on eight writs of fieri facias, for tax on eight certain lots of wild land in the State of Georgia, and in said article mentioned, although ~aid lots had not been advertised for 30 days, as required by law, and although the time for the payment of taxes on said lots, under said advertisement, and under the laws of said State, had not expired, and did not expire until October the rst, in said year.
ARTICLE FOURTH.
Defendant denies that the matters contained in the fourth article, in manner and form as they are therein stated and set forth 1 do, by law, constitute a high misdemeanor in

SENATE JouRNAL APPENDIX
office, and an offence that is cognizable in this Court. And, not waiving objection to said article, but still relying thereon, defendant says that he is not guilty, as charged in said article, and he further says it is not true, as therein stated, that this defendant on the 25th day of September, 1877, unmindful of the duties of his office, and the laws of said State, did, illegally, wrongfully and corruptly,refuseto receive from one W. P. Anderson the tax on eight certain lots of wild land in said State of Georgia, which ~aid tax the said W. P. Anderson, as the owner of said lots, tendered to defendant, as Comptroller-General, and which tax it was defendant's duty then and there to have received, but that defendant did then and there illegally, 'vrongfully and corruptly extort and demand and require said W. P. Anderson to pay $4 as costs on eight writs of fieri facias against said lots, although said lots had not been advertised thirty days, and the time for the p:qment of taxes on said lots had not expired, and did not expire under the advertisements of said lots, previously made by defendant as Comptroller-General, and under the law, until the first day of October, 1877.
ARTICLE FIFTH.
The defendant denies that the matters contained in the fifth article, and the specification thereto attached, in manner and form, as they are therein stated and set forth, do, by law, constitute a high misdemeanor in office, or an offence of which this Court has jurisdiction. And, without waiving objection to the insufficiency of said article and specification, but still relying thereon, defendant says he is not guilty, as charged in said article, and he says it is not true, as charged, that he, unmindful of his oath of office, and of the laws of said State, on or before the 31st day of October, 1877, for, and in consideration of the sum of $1 14, paid to him by one Daniel Lott, did, illegally, wrongfully, fraudulently and corruptly, issue two hundred and twenty-eight writs offieri facias against certain lots of wild or unimproved lands in said State, returned as the lands of Raundo & Co., and Fox & Co., and did illegally, wrongfully, fraudulently and corruptly transfer said writs of fieri facias to said Daniel Lott, although defendant well knew that said lands were neither in default of returns for taxes, nor in default of taxes, but that said returns had

SEPTEMBER T' 1879

7 31

been made, and said taxes paid, more than two years previously to the issuing of said writs of.fterijaci'as.
ARTICLE SIXTH.
The defendant denies that the matters. contained in the 6th .article. and the specifications thereto attached, in manner and form, as they ar'e therein stated and set forth, do, by law, constitute a high misdemeanor in office, or an offence cognizable by this Court. And. without waiving ob jections to the insufficiency of said articles and specifiacations, but still relying thereon, defendant says he is not guilty, as charged in said article, and he says it is not true, as charged, that he. unmindful of the duties of his office, and in disregard of the Constitution and laws of said State, did, on the I rth day 'of October, 1877, and on divers days between that time and the zgth day of May, 1879, including said last named date, illegally pay out to various parties divers sums of public money, to-wit: in the aggregate, the sum of ,$8, I 76.7 3, without first asking, obtaining or having the sanction and warrant of the Governor of said State, as required by law.
ARTICLE SEVENTH.
The defendant denies that the matters contained in the 7th article, and the specifications thereto attached, in manner and form as they are therein stated and set forth, do, by law, constitute a high misdemeanor in office, or an offence of which this Court has jurisdiction. And. wi(hout waiving objections to the insufficiency of said article and specifications, but still relyinf! thereon, defendant says he is not guilty, as charged in s~id article, and he says it is not true, as charged, that he, unmindful of the duties of his office, and in disregard of the Constitution and laws of said State, did, illegally, wilfully, fraudulently, unlawfully and corruptly, on the Ist and on the qth days of November, 1877, issue to the sheriffs of said State, c.irculars, in which the duty of the Comptroller General to examine and pass upon the evidence of title to such lands as were, by the sheriffs, sold as unreturned wild land, under atid by virtue of tax executions issued by defendant, when the owners of such lands should elect to receive the excess over the amount due as taxes and all costs on such land, was unlawfully delegated and imposed upon and directed

732

SENATE JouRNAL APPENDix

to be exercised by such sheriffs, and the sheriffs thereby

unlawfully directed and instructed to pay the owners of

such lands, so sold, the excess of money over and above

the tax and all costs, instead of paying the same to defend-

ant, as required by law.



ARTICLE EIGHTH.
This defendant denies that the matters contained in the eighth article, and the specifications thereto attached, in manner and form as they are therein stated and set forth, do, by law, constitute a high misdemeanor in office, and an offence of which this Court has jurisdiction. And, without waiving objections to the insufficiency of said article and specifications. but still relying thereon, defendant says that he is not guilty, as charged in said article, and he says it is not true, as charged, that he, unmindful of the duties of his office, on the first day of June, I879, and on and during divers other days before said first day of June, 1879, did, without color of right and without authority of law, and in violation of the Constitution of said State, and in disregard of his oath of office, and of the duties of his said office, fail, omit and wholly neglect to pay over and deliver to the Treasurer of said State, certain la1ge sums of money, which had, prior to said first day of June, 1879, been paid to, and received by him, for and on account of taxes assessed and charged against divers lots of wiid lands situated in said State, for divers years r:-ior to said year I879, for which tax defendant had, by virtue of his said office, issued writs of fieri jadas again"t the wild land lots aforesaid; also certain other large sums of money which had, prior to said I st day of June, I ~79 been charged, paid to and received by defendant in the man11er aforesaid, as costs for and upon the writs of fieri facias issued by him, as aforesaid, and amounting, on said Ist day of June, r879, in the aggregate, to the sum of $4,582.50; also, certain other large sums of money, which said sums had, at the instance and b> the direction of defendant, been collected from the purchasers of wild land lots, at sales of said lots, before then made under and by virtue of the writs of fieri facias issued as aforesaid, and which were, on said June I st, I879, in possession of defendant as the surplus and excess of the proceeds of the sale of said lots of wild land remaining over and above su~;h

SEPTEMBER I, t879

733

amount and portion of said proceeds as was sufficient and necessary to pay off and discharge the amounts due and owing as tax on said writs of fieri facias, and to pay off and discharge the amounts charged on said writs of forz" facias as cost. All of which sums of money, amounting in the aggregate to $I I, 193.17, had been paid to and received by defendant in the manner aforesaid. The defendant further says that it is not true, as charged in said article, that he did, with the intent to cheat, injure and defraud the people of said State, and the Government thereof, wilfully and corruptly fail, omit and neglect to pay over to the Treasurer of said State the said sum of money thus alleged to have been received by him, and that he did then and there hold, keep and retain, and still continues to hold, keep and retain in his own possession and control, in violation of the Constitution and laws of said State, and in disregard of the duties of his said office, the said sum of money.
ARTICLE NINTH.
The defendant denies that the matters contained in the ninth article, and specifications thereto attached, in manner and form as they are therein stated and set forth, do, by law, constitute a high misdemeanor in office, or an offence of which this Court has jurisdiction. And, without waiving objection to the insufficiency of said article and specifications, but still relying thereon, defendant says he is not guilty, as charged iu said article; and he says it is not true, as charged, that he, on the rst day of August, 1874, and on the 14th day of said month, in the year aforesaid, and on the 5th day of November, in the year afore" said, and on the 12th and 2oth days of said last mentioned month, and on the 2d and 28th days of December, in the year I 874, and on divers other days between the 27th day of March of said year, and the zd day of February, in the year 1875, did make and present to one John Jones, then and there Treasurer of said State divers, erron~::ous, false and fraudulent returns and payments of and co~cerning divers sums of money belonging to said State, whtch defendant, on the several days aforesaid, had in his possessi.on,. as Comptroller-General, and which sums, amountmg m the aggregate, on the 28th day of December, 1874, to the sum of $2,363.61, had arisen and ac-

734

SkNA'l'E JouRNAL APPENiJIX

crued from the taxes assessed and charged against wild lands in said State for the years 1868, 1869, 1870, 1871, 1872, 1873 and 1874. by means of which erroneous, false and fraudulent returns and payments, on the days aforesaid, defendant did corruptly contrive and intend to obtain, and did then and there knowingly and corruptly obtain and secure certain improper, undue and excessive credits to be made and entered in the name and for the advantage of him, the said defendant, upon the books of account, then and there used by the Treasurer, as aforesaid, and by means of which false and fraudulent returns and payments. defendant did intend. and contrive to mislead, deceive and abuse the Treasuret of said State, and to mislead, defraud and injure all the people of said State.
ARTICLE TENTH.
The defendant denies that the matters contained in the 10th article, and the specifications thereto attached, in manner and form as they are therein stated and set forth, do, by law, constitute a high misdemeanor in office, and an offence of which this Court bas jurisdiCtion. And, without waiving objection to the insufficiency of said article and specifications, but still relying thereon, defendant says he is not guilty, as charged in said article; and he says it is not true, as charged, that he. unmindful oft11edutics and obligations that devolved upon him, under and by the laws of this State, relative to the collecdng and paying into the Treasury insurance tax and fees ~wing the year 1878, the sum of $I2,67!:1.o6, and paid into the Treasury, during said year, of money ari~ing from said source, only the sum of $2,957.60, thereby unlawfully and corruptly retaining in his hands, of said insurance tax and fees, the sum of $9,720. 46, which retention of the sum aforesaid was contrary to the statutes of this State, that required the Comptroller-General to collect insurance tax and fees, and pay the same into the State Treasury, which said conduct of defendant was illegal,
corrupt and fraudulent.
AHTICLE ELEVENTH.
The defendant de11ies that the matters contained in the 11th article, and specifications thereto attached, in manner and form as they are therein stated and set forth, do, by law, constitute a.high misdemeanor in office, or an offence of which this Court will take cognizance. And, without

SEPTEMBER r, t879

73S

waiving objection to the insufficiency of said article and specifications, but still relying thereon, defendant says he is not guilty, as charged in said article; and he says it is not true, as charged, that he, unmindful of the duties of his office, and in violation of the laws of said State, did, in the month of May, 1879, wrongfully and fraudulently cause, procure and permit to be changed, altered and falsified, a certain matter of record, which said matter of record, was, at and before the making of said alteration, contained and recorded in a certain book belonging to, and at the time of said alteration, and before then, kept and used in the office of the Comotroller-General, in the Capitol building, in the city of Atianta, said book being the book of "record of published lists of wild lands unre-
turned in I 874, by county."

ARTICLE TWELFTH.
The defendant denies that the matters contained in the 12th article, in manner and form as they are therein stated and set forth, do, by la1v, constitute a high misdemeanor in office, or an offiense of which this Court ha= jurisdiction. And, without waiving objections to the insufficiency of said article, but still relying thereon, defendant says he is not guilty, as charged in said article; and he says it is not true, as charged, that he, unmindful of the duties of his office, did retain, keep and employ, and still continues to retain, keep and employ, as a clerk in the office of him, the Comptroller General, one James M. Goldsmith, notwithstanding the fact that defendant was and is fully informed, and well knows, and has long known the fact that the said James M. Goldsmith, while employed in the office of him, the defendant, as clerk, did make, write and enter wrongfully and fraudulently on the books of record of lists of unreturned wild land for the year 1874, which said book is and was a book of record, kept and used in t~e office of defendant, in the month of May, 1879, or stnce then, the name of "D. Lo:t, agent,"' which said name and words were so fraudulently and wrongfully entered in the book of record aforesaid, immediately over the words "Raundo & Co., paid," and "Fox & Co., paid, which last recited words and entries then stood written on said book of record, and had been so written and recorded
in said book of record, since the 14th day of June, I 875i

~ENA TE JOURNAL APPENDIX
said wrongful and fraudulent entries having been so made by said James M. Goldsmith, with the intent to change the meaning and effect of the said original entries in the manner more fully set forth in the next preceding article.
ARTICLE THIRTEENTH.
The defendant denies that the matters contained in the I 3th article, and the specifications thereto attached, in manner and form as they are therein set forth and stated, do, by law, constitute a high misdemeanor in office, or an offence of which this Court can take cognizance. And, without waiving objection to the insufficiency of said article and specifications, hut still relying thereon, defendant says he is not guilty, as charged in said article; and he says it is not true that he, on October Ist, r878, did, wilfully, knowingly and corruptly prepare, make and exhibit to His Excellency, the Governor of said State, and to the Legislature ot said State, incorrect, improper, false and deceptive statements, reports and exhibits of and concerning the public moneys that had been collected, paid to and received by defendant, for and during the fiscal year, beginning on the Ist day of January, I878, and up to and including the Ist day of 0-:tober, I878, with the intent and purpose to mislead and deceive the Governor of said State, and with the intent and purpose to mislead, decei1e and defraud all the people of said State.
Al{TICLE FOURTEENTH.
The defendant denies that the matters contained in the fourteenth article, in manner and form as they are therein stated and set forth, constitute a high misdemeanor in office, and an offence of which this Court will take cognizance. And, without waving objection to the insufficiency of said article, but scill relying thereon, defenJant says he is not guilty, as charged in s1id article; and says that it is not true, as chargee!, that he has, while in the office of Comptroller General, illegally, fraudulently and corruptly, of the money of the State, received by him as such Comptroller-General, appropriated and converted to his use divers of large sums, of the amounts and character, and for the times and periods set out and described in articles eighth and tenth.

737
ARTICLE FIFTEENTH.
The defendant denies that the matters contained in the fifteenth article, in manner and form as they are therein stated and set forth, con<>titute a high misdemeanor in office, or an offence of which this Court has jurisdiction. And, without waving objections to the insufficiency of said article, but still relying thereon, defendant says he is not guilty, as charged in said article; and he says it is not true, as charged, that he, unmindful of the duties of his office, and in disregard of the propriety and respect that ought to attend and be exhibited by the several officers of the government of said State, and by every citizen thereof, towards the members of the Legislature, and in violation of the Constitution of said State, did, on the roth, I 2th and I 3th days of July, r879, collude, combine, and conspire with one Hinton P. Wright, and did employ and procure said Wright to improperly and unduly direct, influence and control the official conduct of the Han. Parish D. Davis, who was then and there a member of the House of Representatives of said State, and as such was then and there occupied and employed as one of the joint committee of said House and of the Senate of said State, in examining into, with the view of reporting thereon to said Legislature, the conduct of the defendant in and about the collection and disposition of the taxes before then charged and assessed against the wild lands in said State, and in and about the actings and doings of defendant in connection with the wild lands aforesaid.
The defendant further says that is is not true, as charged, that he, in pursuance of the alleged improper and unlawful combination with the said \Vright, and under the unlawful and improper employment of the said Wright, did, on said roth day of July, 1879, write and prepare, or cause to be written and prepared, a certain statement, in the form of a letter, containing divers words and aliegations contradictory of, and in conflict with, divers matters, statements and allegations contained in a certain report in writing, signed by the said Parish D. Davis, as a member of said Legislature, and as one of said joint committee, which report had been, on the 7th day .of July, 1~79, rendered and submitted by said committee, or a majority thereof, to the General Assembly of said State; and did, on the same day on which
47

SENATE JouRNAL APPE~Dix
said letter was so written and prepared, also prepare, write and attach thereto, the words, in writing, to-wit: ''We, the undersigned, concur in the facts set forth in the above statement; July the roth, r879." The defendant further says it is not true, as charged, that he did place and commit in the hands of said Wright, for the unlawful and improper purpose and design aforesaid, said letter, with the concurrence attached thereto, as above stated, and that said Wright, on the 15th and r6th days of July, 1879, while acting under the direction and employment of defenJant, and in furtherance of the unlawful and improper combination and conspiracy aforesaid, did. in the absence of the other members of said joint committee, and privately, offer and propose to him, the said Davis, to pay and deliver to him the sum of two hundred and fifty dollars in money and one suit of clothes, provided the said Davis would then and there consent t0 sign his name to the statement and words so written at the end of said letter by defendant, as aforesaid, with the intent thell and there, corruptly and improperly, to influence and control the said Davis in his official conduct as a member of said House of Repre3entatives, and as one of said joint committee; and that said Wright, in furtherance of said conspiracy, did, at divers other places and on divers other days, and bymeans of divers other improper, unlawful and wicked proposals and contrivances, attempt to influence and control the official conduct of said, the Hon. Parish D. Davis.
ARTICLE SIXTEENTH.
The defendant denies that the matters contained in the 16th article, in manner and form as they are therein stated and set forth, do, by law, constitute a high misdemeanor in office, or an offence of which this Court has jurisdiction. And, without waiving objection to the insufficiency of said article, but still relying thereon, defendant says he is not guilty, as charged in said article ; and he says it is not true, as charged, that he, unmindful of his oath of office, and of the duties of his office, and in disregard of the laws of said State, on the- day of July, I879, and at divers other dates and times during said month, did, wrongfully, wickedly and corruptly procure and employ one Hinton P. Wright to endeavor, by improper, wicked and corrupt means, to influence the official conduct of the Hon. Lewis

SEi:>TEMBER i, I879

739

Strickland, a member of the House of Representatives, and the joint committee of the said House and of the Senate of the State, charged with the duty of investigating the sales of wild lands in the State, and of the conduct of defendant in connection therewith, and did, wickedly and corruptly, employ said Wright to obtain the signature of said Strickland to a certain letter or statement designed to vindicate the conduct of defendant, as Comptroller-General, a printed copy of which is to said article attached.
Defendant further says it is not true, as charged, that said Wright, in furtherance of his said wicked and corrupt employment, and with the knowledge and consent, and by the procurement of defendant, did, on said - day of July, r879, aforesaid, by offering the said Strickland the sum of $150, and by divers wicked and corrupt proposals and insinuations, and by divers other improper and wicked means and contrivances, endeavor to induce the said, the Hon. Lewis Strickland, to sign said letter, or statement, as a member of said committee charged with said investigation as aforesaid.

ARTICLE SEVENTEENTH.

The defendant denies that the matters conta~ned in the

17th article, in manner and form as they are therein stated

and set forth, do, by law, constitute a high misdemeanor

in office, or an offence of which this Court has jurisdiction.

And, without waiving objection to the insufficiency of said

article, but still relying thereon, defendant says he is not

guilty, as charged in said article ; and he says it is not

true, as charged, that he, by the proceedings and conduct

had by him as Comptroller-General, contrary to the high

and important trust confided to him as Comptroller-Gen-

eral, has, for the sake of lucre and gain, and his own per-

sonal aggrandizement, been disgracefully instrumental in

establishing a precedent subversive of the good faith which

ought to be found in the actings and doings of all persons

to whom the great concerns ofthis State, and the citizens

thereof, may hereafter be confided.

(Signed)

W. L. GOLDSMITH,

Comptroller- General.

STATE OF GEORGIA,

}

County of Fulton.

Personally appeared before me Washington L. Gold

SENATE JouRNAL APPENDIX

smith, who, being duly sworn, deposes and says that the

facts stated in the above defence are true, to the best of

his knowledge and belief.

(Signed)

vV"\SHINGTON L. GOLDSMITH.

Sworn to and subscribed before me this August 30th,

1879

JoHN RHEA,

N. P. and Ex-Officio J. P. I234th Dist. G. M.

The defence then announced ready for trial.

Whereupon Mr. Turner, on the part of the Managers, asked that an order be p tssed by the Court requiring that said Managers be served with the defence filed in the case pending, and that the further hearing of this cause be post poned until 1I o'clock, a. m., to-morrow.

Upon this motion the ayes and nays were recorded.

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

Bower, Bryan, Cabaniss, Candler, Casey, Clements of the 44th,
Clifton, Cumming, DuBose, Dunc.tn,
Fain, Folks. G r a n tlancl,

Grimes,

Preston,

Hamilton of the 14th, Bussell,

Hamilton of the 21st, Simmons, .

Haniwn,

Sp{'er,

flawkins,

t-itaten,

I-Icacl,

Stephens,

Hnllgcs,

Ti>on of the 4th,

Holcombe,

Tison of the 10th,

Howell,

Troutman,

Lumpkin,

Turner,

l\IcDanicl,

Wdlbr>rn,

l\lcLeoll,

l'tln. PuESIDENT.

Perry,

Ayes, 38. Nays, o. Absent, 5
So the motion prevailed, and the following order was
passed by the Court:

HousE oF REPRESEXTATIVEs OF THE STAT

OF GEORGIA, IN THE NAME OF THEM

SELVES AND OF ALL THE PEOPLE OF SAID

STATE,

IMPEACHMENT.

vs.

wASHINGTON L. GOLDSMITH, COMPTROLLER

GENERAL.

On motion of the Manag-ers on the part of the House, it is ordered: 'That a copy of the defence filed by the defendant be served on said Managers, and that the further hearing of this cause be, and the same is hereby, postponed until II o'clock, a.m., on Tuesday, the2d day ofSeptem

SEPTEMBER 2, 1879

741

ber, instant. at which time they shall file their replication, if they so desire."
On motion of Mr. Holcombe, the High Court of Impeachment adjourned until I I o'clock, a. m., to-morrow, and the Chief ] ustice retired from the chair.

SENATE CHAMBER, } Atlanta, Ga., Tuesday, September 2d, I 879.
At the hour of I I o'clock, a. m., the Senate resumed its session, according to order, as a High Court of Impeachment, the Honorable Hiram \Varner, Chief ] ustice, presiding.
The managers on the part of the House of Representatives, and the respondent, with his counsel, appeared in the Court.
The journal of yesterday's proceedings was read and approved.
-Mr. Turner, chairman of the Managers on the part of the House, submitted to the Court the propriety of disposing, first, of these features in the defence filed, which are in the nature of an informal plea to the jurisdiction of the Court, and demurrer to the sufficiency of the several articles of impeachment.
The Chief Justice ruled that, as matter of practice, the question of jurisdiction should be first considered and disposed of, together with the demurrer to the sufficiency of the several articles of impeachment.
Under this ruling of the Chief Justice, the defendant asked a continuance of the cause until to morrow, in order to allow time to prepare to meet these questions.
Pending the request for continuance, Mr. Clarke offered the following, towit :
"Ordered: That all the matters of defence set up in the answer of the respondent shall be passed on in the final vote upon the articles of impeachment, and, so far as applicable to each article, shall be passed upon in the final vote upon such article."
For the foregoing, Mr. Lumpkin offered the following as a substitute, to-wit:
''Ordered by the High Court of Impeachment: That before deciding and determining upon the issue of fact mad~ by the defendant's denials of guilt to the several

SENATE JouRNAL APPENDIX

articles of impeachment, the Court will first decide and determine upon the demurrers of the defendant to the several articles, in their order, and upon the denials of the defendant of the jurisdiction of this Court to hear and determine said articles."
Mr. Grantland, submitted as a point of order, that the proposition involved in the proposed order and Sl!bstiute had been ruled upon by the Court.
The Chief Justice stated that his ruling was based upon rules of practice, but submitted the substitute of Mr. Lumpkin to a vote of the Senate.
Those who voted in the affirmative are, to-wit-Messrs.

Boyd, Bower Cabani'ss, Candler, Casey, Clements, Cliftou, Cumming,
Drake, DuBose, Duncan, Fain, Folks,

Grantlaml, Grimes, Hamilton of tlw 14th, Hamilton of the 21st, Harrison. Hawldns', Hoc]oes Holc';;11be,
Holton, Howell, Hudson, Lumpkin, lHcDaniel,

~IcLeod,
Prc:;tnn, Hussell, Simmons,
Speer, Staten, Stephens. Tison of the 4th, Tison of the lOth,
Troutman, Turner, Wellborn.

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

Bryan, Clarke,

Head, Perry,

MR. PRESIDENT.

Ayes, 38. Nays, 5 So the substitute was adopted in lieu of the original.
The question ofadopting the order, as amended by sub-

stitute, was then submitted to the Senate. Those who voted in the affirmative are, to-wit-Messrs.

Boyd, Bower, UalJaniss, Candler, Casey Cleme'nts, Clifton, Cumming,
Drake, DuBose, Dnncan, Fain, Folks,

Granllaml, G:inHs, Hamilton of the 14th, Hamilton of the 21st, JI:,,nison,
Hawkins, Hoclgcs, Holcombe,
Holton, Howell, I-lnclson, Lumpldn, lHeDaniel,

l\IcLcod,
Preston, Husscll, Simmons, Speer, Staten, 8tephcns, Tison of the 4th, Tison of the 10th,
Troutman, Tnrncr, WellLom.

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

Bryan, Q~ke,

Head,
rerr,y,

!ln. PREB~DEN~:

SEPTEMBER 3, 1879

743

Ayes, 38. Nays, 5 So the order, as amended, was adopted by the Court.

The question recurring upon the motion of the defend-

ant for continuance until to-morrow at I I o'clock, a. m ,

the same was submitted to a vote of the Senate. Those who voted in the affirmative are, to-wit-Messrs.

Bower, Bryan, Cabaniss,
Candler, Casey, Clarke, Drake,
Folks,

Grimes, Harris,m, Hawkins,
Heacl, Hodges,
HmYdl, Huds,m,
l\IcDauiel,

Perry, Preston, Hm,sell,
Stephens, Tison of the 10th, Troutman, Turner
ll'h!. PJ;ESIDENT.

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

Boyd, Clements, Clifton,
Cumming, DuBose,.
Duncan, Fain,

Grantland, Hamilton .,f the 14th. Hamilton of tile 2bt, Holcombe, Holton, Lumpkin,

1\IcLeod, Simmons, Speer,
Staten, Tison of the 4th, WelllJorn.

Ayes, 24. Nays, I 9 So the order was passed postponing further progress in

this cause until to-morrow at I r o'clock, a. m.

On motion of Mr. Bryan, the High Court of Impeach-

ment adjourned until II o'clock, a. m., to-morrow; and

the Chief Justice retired from the chair.

SENATE CHAMBER,

}

Atlanta, Ga., Wednesday, September 3d, 1879.

At the hour of I 1 o'clock, a. m., the Senate resumed its session as a High Court of Impeachment, the Honorable

Hiram Wainer, Chief-] usticc, presiding.

The Managers on the part of the House of Representatives, and the respondent, with his counsel, appeared in the Court.

The journal of yesterday's proceedings \'<as read and iipproved.

Mr. Cldrke, rising to a question of privilege, addressed ~he Court as follows : -

~~May z"t please the Court:

~I rise to a question of privilege. In the report of yes~erday's proceedings, I am represented as saying, 'It has
n9t been the ~ustom in other courts, in cases I have beeq

744

SENATE JOURNAL APPENDIX

engaged in, to act upon technical demurrers, but I will not say it is unusual to do so.'
''I made no such remark. It is a highly absurd one, especially to come from a lawyer. I said that it had not been the custom in impeachment cases to act on such demurrers.
''I do not trouble myself and the SE'nate to correct mere verbal errors in the report of my remarks."
Mr. Turner, on the part of the Managers, submitted to the Court the question as t'"l which party should be allowed to conclude the argument of interlocutory questions arising during the progress of this trial, claiming this right for the Managers.
The Chief Justice ruled that, in acccordance with practice in the courts, the movant in all interlocutory questions arising on the trial of the cause pending will be allowed to open and close the argument thereon.
Counsel for the defence asked an extension of the time allowerl by the Rules of Procedure, for the argument of the interlocutory questions now pending, whereupon Mr. Harrison offered the following, to-wit:
"Be it ordered by the Court of Impeachment: That the Court will hear argument such length of time as the Counsel and Managers may desire."
Mr. Stephens proposed to amend the foregoing by confining its operation to the interlocutory questions now pending, and this amendment was accepted by the mover of the original.
On motion of Mr. Lester, the proposed order was referred to the committee of the Senate on Hules of Procedure, with instructions to report thereon in five minutes.
Said committee having considered the subject matter referred, reported the following as a substitute therefor, towit:
''Ordered: That counsel for defence and the Managers of the House be granted such time as may be necessary to discuss the pending plea to the jurisdiction and demurrers, not to exceed five hours for each side, and the Senate may extend such time, not to exceed one hour, if two-thirds of the Senators present vote to do so."
The substitute reported by the committee was adopted, in lieu of the original, and the order, as amended, was
agreed to.

SEPTEMBER 4 1879

745

The counsel for the defence then proceeded with the argument of the plea of the jurisdiction and the demurrers.
Pending argument thereof by Mr. Candler, of counsel for the defence, the High Court of Impeachment, on motion of Mr. Lumpkin, took a recess until 3.% o'clock, p. m., this day, and the Chief Justice retired from the chair.
3:30 o'cLOCK, P. M.
The Senate resumed, at 3 ,%' o'clock, p. m., its session
as a High Court of Impeachment, the Honorable Hiram Warner, Chief Justice, presiding.
The Managers on the part of the House of Representatives, and the respondent, with his counsel, appeared in the Court.
The argument was resumed by Mr. Candler on the part of respondent.
At the conclusion of his argument, Mr. Dubose offered the following as an amendment to the Rules of Procedure of the High Court of Impeachment, towit:
Amend rule 24 by inserting, after the word ''Senate," in the fourth line thereof, the words, ''unless otherwise provided in the motion for adjournment."
Pending action on this proposed amendment of the rules, the High Court of Impeachment, on motion of Mr. Clarke, adjourned in accordance with the Rule of Procedure No. 24, until immediately after the reading of the journal of legislative proceedings on to-morrow; and the Chief Justice retired from the chair.

SENATE CHAMBER,

}

Atlallta, Ga., Thursday, September 4tlt, 1879;

At the hour of 9~ o'clock, a. m., the journals of legis-

lative proceedings having been read, the Senate resumed

. its session as a High Court of Impeachment, the Honora

ble Hiram Warner, Chief Justice, presiding.

The Managers on the part of the House of Representa-

tives, and the respondent, with his counsel, appeared in the

Court.

The journal of yesterday's proceedings was read and approved_

The amendment to the Rules of Procedure proposed by
Mr. DuBose, and pending at the time of the last adjourn

SENATE jOURNAL APPENDIX

ment of the High Court of Impeachment, was taken up and amended so as to read as follows, to-wit:
Amend rule 24 by inserting, after the word "Court," in the second line, the words, ''unless otherwise provided in the motion for adjournment."
On the question of adopting the amendment, the ayes and nays were required to be recorded.
Those who voted in the affirmative are, to-wit-Messrs.

Boyd, Bower, Bryan,
Cabaniss,
Candler, Casey, Clarkt', Clements, Clifton, Cumming,
Drake, DuBose,

Duncan, Fain, Folks.
Granlland,
Hamilton of the 14th, Hamilton of the 21st, Hawldns, Hodges, Howell, H nelson,
McDaniel, Perry,

Preston, Russell, Simmons, Speer, Staten, Stephens, Tison of the lOth, Troutman, Turner, Wellborn,
!Ill. PRESIDENT.

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

Harrison,
Head, Holcombe,

Holton, Lumpkin,

:McLevd, Tison of the 4th.

Ayes, 35 Nays, 7 So the said amendment was adopted by a vote of two-

thirds of the Senators present. .

The argument of the interlocutory question was then

resumed by the Hon. Mr. Adams, on the part of the Man-

agers for the House of Representatives.

At the conclusion of the argument of Mr. Adams, the

High Court of Impeachment, on motion of Mr. Cabaniss,

adjourned until 3,% o'clock, p. m., this d.1y, and the Chief

Justic~ retired from the chair.

3:30 o'cLOCK P. M.

The Senate, according to order, resumed its session as a High Court of Impeachment, the Hon. Hiram Warner, Chief Justice, presid1ng.
Ths Managers, on the part on the House of Representatives, and the respondent, with his counsel, appeared in the Court.
The argument of the questions pending was resumed by the Hon. Mr. Hammond, on the part of the Managers for the House of Hepresentatives.
At the conclusio11 of his ~rguwe!lt! the tlig4 ~QIU't of

SEPTEMBER $. 1879.

747

Impeachment adjourned, on motion of Mr. Boyd, until IO o'clock, a. m., to-morrow, and the Chief Justice retired from the chair.

SENATE CHAMBER,

}

Atlanta, Ga., Fnday, September 5tlt, 1879.

At IO o'clock, a. m., the Senate resumed its session as a High Court of Impeachment, the Hon. Hiram Warner, Chief Justice, presiding. . The Managers on the part of the House of Representatives, and the respondent, with his counsel, appeared in

the Court. The journal of yesterday's proceedings was read and ap-

proved. Mr. Cumming offered the following amendatory order,
to-wit: "Ordered, by ~he High Court of Impeachment: That the
order passed by the Court the second day of September, instant, on the motion of the Senator from' the 30th,

be amended by inserting between the words 'impeachment'

and 'the,' in the fourth line of the original order, the

words 'the Chief Justice and.'" The effect of the proposed amendment is to cause the
order referred to to read :

''Ordered, by the High Court of Impeachment: That before deciding and determining upon the issue of fact made by the defendant's denials of guilt to the several articles of

impeachment, the Chief Justice and the Court will first decide and determine upon the demurrers of the defendant to the several articles in their order, and upon the denials of the defendant of the jurisdiction of this Court to hear and determine said articles. "
On the question of agreeing to the amendatory order,

the ayes and nays were required to be recorded.

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

Boyd, Bryan, Cabaniss, Candler, pasey, Olarke,
OlementB,
Clifton, P~rWug,
"''

Grantland,

Perry,

Grimes,

Preston,

Hamilton of the 14th, Hnssell,

Hamilton of the 21st, Simmons,

Harrison,

Speer,

Hawkins,

Slaten,

Hodges,

Stephens,

Holcombe,

Tison of the 4th,

l;!PHop,

'fit>ou of tile 1q~b1

SENATE jOURNAL APPENDIX

Drake,
Du"Bose, Duncan, Fain,
Folks,

Howell, Hudson, Lumpkin, Me Daniel, McLeod,

Troutman, Turner, Wellborn,
MR. PRESIDENT.

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

Ayes, 41. Nays, I.

So the amendatory order was agreed to by a vote of twothirds of the Senators, and the original order, as amended, was adopted.

The argument of the questions pending was resumed by Mr. Hopkins, of counsel for the defence.
On the conclusion of the argument, various propositions as to the manner in which the matters of defence pending should be determined, were submitted to the consideration of the Court.
Pending the discussion thereof, the High Court of Impeachment adjourned until 3 ~h o'clock, p. m., this day, and the Chief Justice withdrew from the chair.

3:30 o'CLOCK, P. M.

'l'he Senate resumed its session, according to order, a; a

High Court of Impeachment, the Honorable Hiram War-

ner, Chief Justice, presiding.

The Managers, on the part of the House of Representa-

tives, and the respondent, with his counsel, appeared in

the Court.

The Chief Justice overruled the 1-lea to the jurisdiction

of the Court as to each and all of the articles of impeach-

ment.

The Chief Justice then submitted to the Senate whether

each article, prior to the vote of Senators thereon, shall be

read in full, or simply designated by its number.

On this question the ayes and nays were ordered to be

recorded, those in favor of the latter mode being requested

to vote aye.

l'JJo5e who voted in the affirmative are, to-wit-Messrs.

Huwer, Bryan, Cabaniss, Candler, Casey, Clarke, Clements,

Grantland, Grimes, Hamilton of the 14th, Hamilton of the 21st, Harrison, Hawkins,
Head,

Perry, Preston, Hnsscll, Simmons,
Speer, Staten, Stephens,

s. SEPTEMBER

IS7~

Ciifton, Cumming, Drake, DuBose, Duncan, Fain,
Folks,

Ho1ge~,
Holcombe, Howell, Hudson, Lumpkin, l\IcDaniel,
McLeod,

Tison of the 4th, Tison of the lOth, Troutman, Turner, Wellborn,
MR. PRESIDENT.

Ayes, 41. Nays, o. So the Senate decided that the latter mode should be
pursued. Mr. Lester offered the following, to-wit: "Ordered: That the question on the demurrers and
denial of the jurisdiction of the respondent to the articles of impeachment, be put to the Senate, as follows: On each article, 'shall article be stricken?' "
Mr. Clarke offered the following as a substitute for the foregoing, to-wit:
''Ordered: That the first question to be put on the pending demurrers, and the plea to the jurisdiction be, concerning each article: Has the Senate jurisdiction of this article? And should the decision thereon be affirmative, the next question on said article shall be: \Vill the Senate sustain the demurrer to this article for insufficiency.
''Prom{ied, That the sustaining of any article on these two questions shall not be understood to preclude any Senator from considering, in the final vote, any question of law which is involved in conviction or acquittal."
On the question of adopting the proposed substitute, the ayes and nays were required to be recorded.
Those who voted in the affirmative are, to-wit-Messrs.

Bower,
Cabaniss, Candler, Casey, Clarke, Clements, Cumming, DuBose,

F>lin Folk's,
Hamilton of the 21st, Harrison, Hawki.ns,
Head, Hodges,

Lumpkin, Perry,
Simmons, Staten, Stephens, Tison of the 4th, Wellborn.

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

Boyd, BClir.vfaton~, Drake, Duncan, Grantland, Grimes,
Ayes, 22.

Hamilton of the 14th, Holcombe, Holton, Howell, Hudson, McDaniel, McLeod,
Nays, 21.

Preston, Russell, Speer, Tison of the lOth, Troutman, Turner
1\lu. PI;ESIDENT.

750

SENATE jouRNAL APPENDlX

So the substitute was received in lieu of the originaL

Pending the proposition to agree to the order, as amended, Mr. McDaniel rose to a point of order, assuming that the substitute adopted should not be entertained, because, in violation of the Rule of Procedure agreed to this day, it required the Senate to vote on a question not decided by the Chief Justice.

The Chief Justice ruled that the point of order was well taken.
From this decision Mr. Clark appealed to the Senate.
On the question of sustaining the decision of the chair, the ayes and nays were required to be recorded.
Those who voted in the affirmative are, to-wit-Messrs.

Boyd, Bryan, Casey, Clifton, Drake,
DuBose,

Grantland, Hamilton of the 14th, Holton, Howell, Hmlson,
1\IcD,miel,

lVIcLeod, Preston Tison of the 4th, Tison of the lOth, Troutman.

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

Bower, Cab:tnis3, Candler, Clarke, Clements,
Untnuling, Duncan, Fain,

Grimes, I!amiltoa of the 21st,
Harri~nn,
IIa1Ykins, Herul,
liodg-es, Lumpkin, Perry,

Russell, Simmons, Speer, Staten, Stephens, Turner, Wellborn,
JHR. PnESIDENT.

Ayes, 17. Nays, 24.
So the decision of the Court was not sustained.
The question of adopting the order, as amended, was
then submitted to the Senate, and the ayes and nays thereon recorded.
Those who voted in the affirmative are, to-wit-Messrs.

Boyd, Bower, Bryan, Cabaniss, Candler,
Casey, . Clarke,
Clements,
Clifto:1, Cumming,

DrnkP, Dnncan, Fain, Hamilton of the 14th, Hamilton of the 21st,
Harrison, Hawkins, lle>id
Ho1lges, Lumpkin,

Perry, Hnssell, Simmons, Speer, Staten,
Stephens, Tison of the 4th, Tison of the 10th,
Turner Wellbo'm.

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

s. SEPTEMBER 1879

fiuBose, Grantland, Grimes, Holcombe,

Holton, Howell, Hudson, 1\IcDaniel,

McLeod, Preston, Troutman,
:MR. PRESIDENT.

Ayes, 30. Nays, 12. So the order, as amended, was adopted. Under the foregoing Rule of Procedure the Chief Justice submitted to the Senate the question : "Has the Sen ate jurisdiction of this article, No. r ?" Those who voted in the affirmative are, to-wit- Messrs.

Boyd, Bower,
Bryan, Cabaniss, Candler, Casey, Clarke, Clements, Clifton, Cumming, Drake,
DuBose, Dullcan, Fain,
Folks,

Grantland, Grimes, Hamilton of the 14th, Hamilton of the 21st, Harrison
Hawkins; Head, Hodges, Holcombe, Holton, Howell Hudson',
Lumpkin, McDaniel,

McLeod, Perry, Preston, Hussell, Simmons,
Speer, Staten, StPpbens, Tison of the 4th,
Tison of the lOth, Troutman, Turner, Weliborn,
lHR. PRESIDENT.

Ayes, 43 Nays, o. So the Senate declared the jurisdiction of the Court of article No. 1. The question was' then submitted to the Senate : "'Will the Senate sustain the demurrer to this article, No. 1, for insufficietacy ? Those who voted in the negative are, to-wit-Messrs.

Boyd,
Bower, Bryan,
Callan iss, Uancller, Casey, CClleamrke~ets, Clifton,
Cumming, Drnke,
DuBose, Duncan, Fain,
Folks,

Grantland, Grimes, Hamilton of the 14th,
Hamilton of the 21st, Harrison, Hawkins1 Head,
H~~.lg_s,
Holcombl, Holton, How, II Hudsm{,
Lumpkin,
McDaniel,

McLeod,
p,~ny,
Preston, Russell, Simmons, Speer, Staten, SteplJCns, Tison of the 4th, Tison of the lOth, Troutman, 'l'nrner, Wellborn,
MR. Pl!ESIDENT.

Ayes, o. Nays, 43

So the Senate refused to sustain the demurrer of article No. I, for insufficiency.

752

SENATE jouRNAL APPENtm{

The question was then submitted : "Has the Senate jurisdiction of this article, No. 2.
Those who voted in the affirmative are, to-wit-Messrs.

Boyd, Bower, Bryan,
Cabaniss, Candler,
Casey, CClleamrke~ets, Clifton, Cumminp;, Drake, DuBoi'e, Duncan, F>tin,
Folks,

Grantland, Grimes, Hamilton of the 14th,
Hamilton of the 21st, Harrison,
Hawkins, Head, H()llges, Holcombe, holton, HHuotwlseol~l , Llllnpkin, 1\IcDaniel,

McLeod, Perry, Preston, Russell,
Simmons, Speer, Staten, Stephens, Tison of the 4th, Tison of the lOth, Troutman,
WTeullmiJeor~n, 1\lR. PHESIDENT.

Ayes, 43 Nays, o.

So the Senate declared the jurisdiction of the Court of

article No. 2.

The question was then submitted: ''\Vi!! the Senate

sustain the demurrer to this article, No. 2, for insuffi-

ciency?"

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

Boyd, Bower Bryan,'
Cabaniss, Candler, Casey, CClleamrckt~ets, Clifton, Ct;nuuing,
DDurBaok~ee,
Duncan,
Fain.
Folks,

Grantland, Grinll's,
Hamilton of the 14th, Hamilton of tlw 21st, Harriso11, Hawkins,
lleall, l-Ioclges, II lcumbc, Holton, }lowell, Hmlseon, Lumpkin,
~IeDaniel,

McLeod, Perry, Preston, Hnssell, Simmons, Speer, Staten, Stephens, Tison Of the 4th, Tison of the lOth,
Trout man, Turner, Wellborn, Mu. Pr:ESIDENT.

Ayes, o. Nays, 43 So the Senate refused to sustain the demurrer to article

No. 2, for insufficiency. The question was then submitted: 'Has the Senate

jurisuiction of this article, No. 3?"

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

Boyd, Bower, Bryan,
Cabaniss,

Oranlland,

McLeod,

Grimes,

Peny,

Hamilton of the 14th, Preston,

Hamilton of the 21st, Russell,

7S3

bandier, Casey, Clarke, Clements,
Clifton, Cumming, Drake, DuBose, Duncan, Fain, Folks,

Harrison,
Hawkins, Head, Hodges, Holcombe, Holton. Bowell, Hudson,
Lumpkin, McDaniel,

Simmons, Speer, Staten, i::ltephens, Tison of the 4th, Tison of the lOth, Troutman, Turner, Wellborn,
MR. PRESIDENT.

Ayes, 43 Nays, o. So the Senate declared the jurisdiction of the Court of article No. 3
The question was then submitted: "Will the Senate sustain the dem'mrer to this article, No. 3, for insufficiency ?"

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

Boyd, Bower, Bryan, Cabaniss, Candler, Casey, Clarke, Clements, Clifton, Cumming, Drake, DuBose,
Duncan, Fain,
Folks,

Grantland,

McLeod,

Grimes,

Perry,

Hamilton of the 14th, Preston,

Hamilton of the 21st, Russell,

Harrison,

Simmons,

Hawkins,

Speer,

Head,

Staten,

Hodges,

Stephens,

Holcombe,

Tison of the 4th,

Holton,

Tison of the.lOth,

Howell,

Troutman,

Hudson, Lumpkin,

WTenll'll1hcor~n,

McDaniel.

MR. PRESIDENT.

Ayes, o. Nays, 43

So the Senatt refused to sustain the demurrer to article

No. 3, for insufficiency.

The question was then submitted: "Has the Senate jurisdiction of this article, No. 4 ?"

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

Boyd, Bower, Bryan, Cahan iss, Candler, Casey, Clarke, Clements, Clifton, Cumming, Drake, DuBose,
48

Grantland,

McLeod,

Grimes,

Perry,

Hamilton of the 14th, Preston,

Hamilton of the 21st, Russell,

Harrison,

Simmons,

Hawkins,

Speer,

Head,

t:ltaten,

Hodges,

Stephens,

Holcombe,

Tison of the 4th,

Holton,

Tison of the lOth,

Howell,

Troutman,

Hudson,

Turner,

754

SENATE JOURNAL APPENDIX

Duncan, Fain, Folks,

Lumpkin, McDaniel,

Wellborn, 1\in. PRESIDENT.

Ayes, 43 Nays, o.
So the Senate declared the jurisdiction of the Court o

article No. 4

The question was then submitted: "Will the Senate

sustain the demurrer to this article, No. 4, for insufficiency?"

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

Boyd, Bower, Bryan, Cabaniss, Candler, Casey, Clarke, Cleme:r.ts, Clifton, Cumming, Drake, ~ DuBose, Duncan,
Fain, Folks,

Grantland, Grimes, Hamilton of the 14th, Hamilton of the 21st, Harrison, Hawkins, Head, Hoclges, Holcombe, Holton, Howell, H:1clson, Lumpkin,
McDaniel,

1\IcLeod, Perry, Preston, Russell, Simmons, Speer,
Staten, Stephens, . Tison of the 4th, Tison of the lOth, Trot'tmaa,
Turner Wellbo'rn, 1\h. PRESIDE~T.

Ayes, o. Nays, 43

So the Senate refused to sustain the demurrer to article

No. 4, for insufficiency.

The question was then submitted: "Has the Senate

jurisdiction of this article, No. 5 ?"

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

Boyd, Bower, Bryan,
Cabaniss, Candler,
Casey, Clarke, Clements, Clifton, Cumming, Drake, DuBose, Duncan, Fain,
Folks,

Grr.!ltlaucl, Grimes, Hamilton of thE 14th, Hamilton of the 21st, Harrbon, Hawkins,
Head, Hodges, Holcombe, Holton, Howell,
Hudson, Lumpkin, McDaniel,

:Me Lend,
Perry.. Preston, Hussell, Simmons, Speer, Staten, Stephens, Tison of the 4th, Tison of the 10th, Troutman, WTeulrlnbeor~n. 1\IR. PnESIDENT.

Ayes, 43 Nays, o.

So the Senate declared the jurisdiction of the Court of

article No. 5 The question was then submitted : "Will the Senate sus-

s, SEPTEMBER 1879

755

tain the demurrer to this _article, No. 5, for insufficiency?"

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

Boyd, Bower, Bryan, Cabaniss, Candler, Casey, Clarke, Clements, Clifton, Cumming, Drake, DuBose, Duncan, Fain, Folks,
Ayes, o.

Grantland,
Grimes. Hamilton of the 14th, Hamilton of 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,
Wellborn,
~lR. PRESIDENT.

Nays, 43

So the Senate refused to sustain the demurrer to article No. 5, for insufficiency.

The question was then submitted: ''Has the Senate jurisdiction of this article, No. 6 ?"

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

Boyd, Bower, Bryan, Cabaniss, Candler, Casey, Clarke, Clements, Clifton,
Cumming, DDurBaok~ee, Duncan, Fain, Folks,

Grantland, Grimes, Hamilton of the 14th, Hamilton of the 21st,
Harrison, Hawkins, Head, Hodges, Holcombe, Holton, Howell,
Hudson, Lumpkin, McDaniel,

McLeod, Perry, Preston, Russell, Simmons, Speer, Staten, Stephens, Tiwn of the 4th, Thou of the lOth, Tro,tfman, WTeullrhnne~rn,
MR. PRESIDENT.

Ayes, 43- Nays, o.

So the Senate declared the jurisdiction of the Court of article No. 6.

The question was then submi~ted : ''Will the Senate
sustain the demurrer to this article, No. 6, for insufficiency ?"

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

Clements. Head,

Preston,

Turner.

Those who vot~d in the negative are, to-wit-Messrs.

SENATE JouRNAL APPENDIX

Boyd, B()wer,
Bryan,
IJandler, Casey, Clarke, Clifton, Cumming, Drake, Duncan, Fain, Folks,
Grantland,

Grimes,
Hamilton of the 14th, Hamilton of the 21st, Harrison, Hawkins, Hodges, Holcnmt.e, Holton,
Howell, Hudson, Lumpkin,
McDaniel,

McLe()d, Perry, Russell, Simmons, Speer, t'ltaten,
Stephens, Tison of the 4th, Tison of the lOth, Troutman, Wellborn, }fn. PRESIDENT,

Ayes, 4 Nays, 37 So the Senate refu!>ed to sustain the demurrer to article No. 6, for insufficiency.

The question was then submitted: "Has the Senate
jurisdiction of this article, No. 7 ?"
Those who voted in the affirmative are, to-wit-Messrs.

Boyd, Bower, Bryac, Cabaniss, Cendler, Casey,
Clarke, Clements, Clifton,
Cumming, Drake, DuBose,
Duncan, Fain, Folks,

Grantland,

McLeod,

Grimes,

Perry,

Hamilton of the 14th, Preston,

Hamilton of the 21st, Russell,

Harrison,

Simmons,

Hawkins,

Speer,

Bead,

Staten,

Hodges,

Stephens,

Holcombe, Hollon,

Tison of the 4th,
Ti~o11 of the lOth,I

Howell,

Troutman,

Hudson,

Turner,

Lumpkin,

Wellborn,

McDaniel,

Mn. PHESIDENT.

Ayes, 43 Nays, o. So the Senate declared the jurisdiction of the Court of

article No. 7, The question was then submitted: "Will the Senate
sustain the demurrer to this article, No. 7, for insuf-

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

Bower. Bryan,

Head. Hodges,

Lumpkin, Turner.

Harrison,

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

Boyd, Cabaniss,
Candler, Casey, Clarke,
Clements,

Folks, Grantland,
Grimes, Hamilton of the 14th, Hamilton of the 21st,
Hawkins,

Perry, Preston, Russell, Simmons,
Speer, Staten,

s. SEPTEMBER 1879

757

Clifton, Cumming, Drake, DuBose, Duncan, Fain,

Holcombe, Holton, Howell, Hudson, McDaniel,
McLeod,

Stephens, Tison of the 4th, Tison of the lOth,
Troutman, Wellborn, MR. PRESIDENT.

Ayes, 7 Nays, 36.

So the Senate refused to sustain the demurrer to article No. 7, for insufficiency.

The question was then submitted: "Has the Senate jurisdiction of this article, No. 8 ?"

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

Boyd, Bower, Bryan, Cabaniss, Candler, Casey, Clarke,
Clements, Clifton, Cumming, Drake,
DuBose, Duncan, Fain, Folks,

Grantland,
Grimes, Hamilton of the 14th, Hamilton of the 21st, Harrison, Hawkins,
He~d,
HoLlges, Holcombe, Holton, Howell, Hudson, Lumpkin,
McDaniel,

McLeod, Perry, Preston, Russell, Simmons,
Speer, Staten, Step !lens, Tison of the 4th, Tison of the lOth, Troutman, Tnrner,
Wellborn,
MR. PRESIDENT.

Ayes, 43 Nays, o.

So the Senate declared the jurisdiction of the Court of

article No. 8.

The question was then submitted: ''Will the Senate

sustain the demurrer to this article, No. 8, for insufficiency?"

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

Boyd, Bower,
.Bryan, Cabaniss, Candler, Casey, Clarke, Clements,
Clifton, Cumming, Drake,
DuBose, Duncan,
Fain, Folks,

Grantland, Grimes,
Hamilton of the 14th, Hamilton of the 21st, Harrison, Hawkins, Head, Hodges,
Holtombe, Holton, Howell,
Hudson, Lumpkin,
McDaniel,

McLeod, Perry,
Preston, Russell, Smunons, Speer, Staten, Stephens,
Tison of the 4th, Tison of the lOth, Troutman,
Turner, Wellbom,
MR. PRESIDENT.

Ayes, o. 'Nays., 4.3

SENATE JOURNAL APPENDIX

So the Senate refused to sustain the demurrer to article No. 8, for insufficiency.

The question was then submitted: "Has the Senate jurisdiction of this article, No. 9 ?"

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

Boyd, Bower, Bryan, Cabaniss, Candler,
Casey, Clarke,
Clements, Clifton,
Cummiug, Drake,
DuBose, Duncan, Fain, Folks,

Grantland, Grimes,
Hamilton of the 14th, Hamilton of 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 lOth, Troutman, TWeulrlnbe~rrn,
MR. PRESIDENT.

Ayes, 43 Nays, o. So the Senate declared the jurisdiction of the Court of
article No. 9 The question was then submitted: "Will the Senate
sustain the demurrer to this article, No. 9, for insufficiency ?"

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

Boyd, Bower, Bryan, Cabaniss, Candler, Casey, ()]arke,
Clements, Clifton, Cumming, Drake, DuBose,
Duncan, Fain,

Folks, Grantland, Grimes, Hamilton of the 14th, Hamilton of the 21st, Harrison, Hawkins,
Head, Hodges, Hclcombe, Holton, Howell,
Hudson, Lumpkin,

McDaniel, McLeod, Perry, Preson, Russell, Simmons, Staten, Stephens, Tison of the 4th Tison of the lOth Troutman, Turner, Wellborn
MR. PRESIDENT.

Ayes o. Nays 42. So the Senate refused to sustain the demurrer to article

No. 9, for insufficiency. The High Court of Impeachment then ~djourned until

10 o'clock, a. m., to-morrow; and the Chief Justice retired from the chair.

SEPTEMBER 6, 1879

759

SENATE CHAMBER, } Atlanta, Ga., September 6th, 1879

At IO o'clock, a. m., the Senate resumed its session as a High Court of Impeachment, the Hon. Hiram Warner, Chief Justice, presiding.

The Managers, on the part of the House of Representatives, and the respondent, with his counsel, appeared in Court.

The journal of yesterday's proceedings was read and ap"
proved. Mr. Hodges offered the following, to-wit: ''Ordered : That the following be added to the rules in
the Impeachment trial of W. L. Goldsmith, ComptrollerGeneral, to be known as rule 30:
"It shall be in order for any Senator to move the previous question on any preliminary or interlocutory issue, which vote shall be taken by the sound, unless a division be called for."
On the question of adopting this order, the ayes and nays were recorded.
Those who voted in the affirmative are, to-wit-Messrs.

Boyd, Bower, Bryan, Casey, Clifton, Fain,

Hamilton of the 21st, Hawkins, Head, Hodges, Holton, Lumpkin,

McLeod, Russell, Speer, Staten, Stephens, Troutman.

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

Cabaniss, Candler, Clarke, Clements, Cumming, Dral;e,
DuBuse, Duncan,

Folks.

Perry,

Grantland,

Preston,

GHarmimi\ets~n of the 14th,

Simmons, Tiwn of the 4th,

Holcombe,

Tison of the 10th.

Howell,

Turner,



Hudson,

Wellborn,

McDaniel,

MR. PimSIDRNT.

Ayes, 18. Nays, 24.

So the order was not adopted.

The question was then submitted: "Has the Senate jur-

isdiction of this article, No. w?"

Those who voted in the affirmative are ~a-wit-Messrs;

Boyd, Bower, Bryan,
Cabaniss, Candler;

Foll1s,
Grantland, Grimes, Hamilton of"the 14th, Hamilton ofthe 21ot,

McLeod,
Perry, Preston, Russell, Simmons,

SENATE JOURNAL APPENDIX

Casey, Clarke, Clements, Clifton, Cumming, Drake, DuBose, Duucan, Fain,

Hawkins, Head, Hodges, Holcombe, Holton, Howell, Hudson, Lumpkin, .McDaniel,

Speer, Staten, Stephens, Tison of the 4tb, Tison of the lOth, Troutman, Turner, Wellborn,
MR. PRESIDENT.

Ayes, 42, Nays, o.

So the Senate declared the jurisdiction of the Court of

article No. IO.

The question was then submitted: "Will the Senate

sustain the demurrer to this article, No. IO, for insuffi-

ciency?''

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

Boyd, Bower Bryan,' Cabaniss, Gaudier, Casey, Clarke, Clements, Clifton, Cumming, Drake, DuBose,
Duncan, Fain,

Folks, Grantland, Grimes, Hamilton of the 14th, Hawkins, Head, Hodges, Holcombe, Holton, Howell, Hudson, Lumkin,
McDaniel, .McLeod,

Perry, Preston, Russell, Simmons, Speer, Staten, Stephens, Tison of the 4th, Tison of the lOth, Troutman, Turner, \Vellborn,
MR. PRESIDENT.

Ayes, o. Nays, 41.

So the Senate refused to sustain the demurrer to article

No. IO, for insufficiency. The question was then submitted: ''Has the Senate

jurisdiction of this article, No. I I ?" Those who voted in the affirmative are, to-wit-Messrs.

Boyd, Bower Bryan,' Cabaniss, Candler, Uasey, Clarke, Clements, Clifton, Cumming, Drake, DuBose, Duncan, Fain,
Ayes, 42.

Folks, GranLland, Grimes, Hamilton of the 14th, Hamilton of the 21st, Hawkins, Head, Hodges, Holcombe, Holton, Howell, Hudson, Lumpkin, McDaniel,
Nays, o.

McLeod, Perry, Preston, Russell, Simmons, Speer, Staten. Stephens, Tison of the 4th,
Tison of the lOth, Troutman, Turner, Wellborn,
MR. PRESIDENT.

SEPTEMBER 6, I 879.

So the Senate declared the jurisdiction of the Court of article No. I I.
The question was then submitted: "Will the Senate sustain the demurrer to this article, No. I I, for insufficiency ?"

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

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

Boyd, Bower, Cabaniss, Candler, Casey, Clarke, Clements, Clifton, Cumming, Drake, DuBose, Duncan, Fain,
Folks,

Grantland,

Perry,

Grimes,

Preston,

Hamilton of the 14th, Bussell,

Hamilton of the 21st, Simmons,

Hawkins,

Speer,

Head,

Staten,

Hodges,

Stephens,

Holcombe,

Tison of the 4th,

Holton,

Tison of the lOth,

Howell,

Troui man,

Huclsnn,

Turner,

Lumpkin,

Wellborn.

McDaniel,

1\Iu. PuEsiDENT.

McLeod,

Ayes, 1. Nays, 41.

So the Senate refused to sustain the demurrer to article No. I I, for insufficiency.

The question was then submitted: "Has the Senate jurisdiction of this article, l\'o. 12 ?"

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

Boyd, Bower, Bryan,
Cabaniss, Candler, Casev, Clarke,
Clements, Clifton, Cummiug, Drake, DuBose, Duncan, Fain,

Folks, Grantland, Grimes,
Hamilton of the 14th Hamilton of the 21st, Hawkins, Head,
Hod.ges, Holcombe, Holton, Howell, Hudson, Lumpkin, McDaniel,

McLeod, Perry, Preston, Husscll, ::-lim mons, Speer, Stat(D,
Stephens, Tison of the 4th.
Tison of the lOth, Troutman, Turner, Wellborn, 1\Ju. PRESIDENT.

Ayes, 42. Nays, o. So the Senate declared jurisdiction of the Court of article
:No. I2.

The question was then submitted: "Will the Senate
sustain the demurrer to this article, No. 12, for insufficiency?"

SENATE JOURNAL APPENDIX

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

Bryan, Cumming,

Head, Hodges,

Preston.

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

Boyd, Bower,
'Jabaniss, Candler, Casey, Clarke,
Clements, Clifton, Drake, DuBose, Duncan, Fain, Folks,

Grantland, Grimes,
Hamilton of the 14th, Hamilton of the 21st, Hawkins, Holcombe,
Holton, Howell, Hudson, Lumpkin, :McDaniel, McLeod,

Perry, Russell,
Simmons, Speer, Staten, Stephens,
Tison of the 4th, Tison of the lOth, Troutman, Turner, Wellborn, l'v!R. PRESIDENT.

Ayes, 5 Nays, 37

So the Senate refused to sustain the demurrer to article No. I 2, for insufficiency.
The question was then submitted: "Has the Senate jurisdiction of this article, No. I 3 ?"
Those who voted in the affirmative are, towit-.Messrs.

Boyd, Bower, Bryan, Cabaniss, Candler, Casey, Clarke, Clements, Clifton,
Cumming, Drake,
DuBose, Duncan,
Fain,

Folks, Grantland, Grimes, Hamilton of the 14th, Hamilton of the 21st, Hawkins, Her,d, Hodtres,
Holc~ombe,
Holton, Howell, Hudson, Lumpkin, :McDaniel,

McLeod, Perry, Preston, Hussell, Simmons, Speer, Staten, Stephens, Tiwn of the 4th, TiPon of the lOth. Troutman, Turner, Wellborn, MR. PRESIDENT.

Ayes, 42. Nays, o. So the Senate declared the jurisdiction of the Court of article No. I3. The question was then submitted: ''Will the Senate sustain the demurrer to this article, No. 13, for insufficiency?" Those who voted in the negative are, to-wit-Messrs.

Boyd.
Bower, Bryan, Cabaniss, Candler, Casey,

Folks,
Grantland, Grimes, Hamilton of the 14th, Hamilton of the 21st, Hawkins,

Mc:Leod,
Perry, Preston, Russell, Simmons, Speer,

SEPTEMBER 6, 1879

Clarke, Clements, Clifton, Cumming, Drake, DuBose, Duncan, Fain,

Head, Hodges, Holcombe, Holton, Howell, Hudson, Lumpkin, McDaniel,

Staten, Stephens, Tison of the 4th, Tison of the lOth, Troutman, Turner, Wellborn,
Jl.IR. PRESIDENT.

Nays, o. Nays, 42. So the Senate refused to sustain the demurrer to article

No. I 3, for insufficiency. The question was then submitted: "Has the Senate

jurisdiction of this article, No. I 4 ?" Those who voted in the affirmative are, towit-Messrs.

Boyd, Bower
Bryan: Cabaniss, Candler, Casey, Clarke, Clements, Cliftvn, Cumming, Drake,
DuBose, Duncan, Fain,
Ayes, 42.

Folks, Grantland,
Grimes. Hamilton of the l!th, Hamilton of the 21st, Hawkins, Head, Hodges, Holcombe, Holton, HI-oIuwcleslol~. Lumpkin, McDaniel,
Nays, o.

McLeod, Perry, Preston,
Hussell, Simmons, Speer,
Staten, Stephens, Tison of the 4th, Tison of the lOth, Troutman,
'l'urner, Wellborn,
MR. PRESIDENT.

So the Senate declared jurisdiction of the Court of article No. q.

The question was then submitted: "Will the Senate sustai~ the demurrer to this article, No. q, for insuffi ciency?"

Those who voted in the affir.native are, towit-Messrs.

Grimes,

Preston.

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

Boyd, Bower, Bryan,
Cabaniss, Candler, Casey, Clo.rlte,
Clements, Clifton,
Cumming, Drake, DuBose, Duncan,
Ayes, 2.

li'ain,

McLeod,

Folks,

l'erry,

Grantland,

Bussell,

Hamilton of the 14th, Simmons,

H::milton of the 21st, 8pcer,

Hawkins,

Staten,

Head,

Stephens,

Hodges,

Tison of the:4th,

Holcombe,

Tison of the 10th,

Holton,

Troutman,

Howell,

Turner

Hudson,

W ellbo'rn,

McDaniel,

MR. PRESIDENT.

Nays, 39 Declined to vote, I.

SENATE JouRNAL APPENDIX

So the Senate refused to sustain the demurrer to article No. 14, for insufficiency,

The question was then submitted: ''Has the Senate jurisdiction of this article, No. 15 ? "

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

Boyd,
Bower, Bryan,
Cabaniss, Candler, Casey, Clarke, Clements, Clifton, Cumming, Drake,
DuBose, Duncan, Fain,

Folks,
Grantland, Grimes,
Hamilton of the 14th, Hamilton of the 21st, Hawkins, Head, Hoclges, Holcombe, Holton, Howell,
Hudson, Lumpkin, McDaniel,

McLeod, Perry, Preston, Russell,
Simmons,
~::\peer,
Staten, Stephens,
Tison of the:4th, Tison of the lOth, Troutman, Turner,
Wellborn, MR. PRESIDENT.

Ayes, 42. Nays, o. So the Senate declared the jurisdiction of the Court of article No. I 5. The question was then submitted: "Will the Senate sustain the demurrer to this article, No. I5, for insufficiency?" Those who voted in the negative are, to-wit-Messrs.

Boyd, Bower, Bryan, Cabaniss, Candler Casey, ' Clarke, Clements, Clifton, Cumming, Drake,
DuBose, Duncan, Fain,

Folks, Grantland, HGarmimilets~n of the 14th, Hamilton of the 21st, Hawkins, Head, Hodges, Holcombe, Holton, Howell,
Hudson, Lumpkin, l.VlcDaniel,

McLeod, Perry, Preston, Russell, Simmons, Speer, Staten, Stephens, Tison of the 4th, Tison of the lOth, Tr< <ntman,
Turner, Wellborn, MR. PRESIDENT.

Ayes, o. Nays, 42. So the Senate refused to sustain the demurrer to article
No. 15, fer insufficiency. The question was then submitted: "Has the Senate
jurisdiction of this artie!~, No. I 6 ?" Those who voted in the affirmative are, to-wit-Messrs.

Boyd, Bower, Bryan,

Folks, Grantland, Grimes,

McLeod, Perry, Preston,

SEPTEMBER 6, r879.

Cabaniss, Candler, Casey,
Clarke, Clements, Clifton, Cumming, Drake, DuBose, Duncan, Fain,

Hamilton of the 14th, Hamilton of the 21st, Hawkins,
Head, Hodges, ' Holcombe, Holton, Howell, Hudson, Lumpkin, McDaniel,

Russell, Simmons,
Speer, Staten, Stephens, Tison of the 4th, Tison of the lOth,
Troutman, Turner, Wellborn, MR. PRESIDENT.

Ayes, 42. Nays, o.

So the Senate declared the jurisdiction of the Court of

article No. I 6.

The question was then submitted: 'Will the Senate sus-

tain the demurrer to this article, No. I6, for insufficiency?"

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

Boyd, Bower, Bryan,
Cabaniss, Candler, Casey, Clarke, Clements, Clifton,
Cumming, Drake, DuBose,
Duncan, Fain,

Folks,

McLeod,

Grantland,

Perry,

Grimes,

Preston,

Hamilton of the 14th, Russell,

Ham:Jton of the 21st, Simmons,

Hawkins,

Speer,

Head,

Staten,

Hodges,

Stephens,

Holcombe,

Tison of the 4th,

Holton,

Tison of the lOth,

Howell,

Troutman,

Hudson, Lumpkin,

WTeulrlnbeor~n,

McDaniel,

1\IR. PRESIDENT.

Ayes, o. Nays, 42.

So the Senate refused to sustain the demurrer to article

No. 16, for insufficiency.

The question was then submitted: "Has the Senate jur-
isdiction of this article, No. I 7 ?"

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

Boyd, Bower, Bryan, Cabaniss, Candler, Casey, Clarke, Clements, Clifton, Cumming, Drake, DuBose, Duncan, Fain,
Ayes, 42.

Folks, Grantland, Grimes,
Hamilton of the 14th, Hamilton of the 21st, Hawkins,
Head, Hodges, Holc"mbe, Holton, Howell, Hudson, Lumpkin, McDaniel,
Nays, o.

.McLeod, Perry, Preston, Bussell,
Simmot~s,
Speer, StatPn, Stephens,
Tison of the 4th, Tison of the lOth, Troutman, TWeulrlnbe~rrn, MR. PRESIDENT.

SENATE JouRNAL APPENbt:lt

So the Senate declared the jurisdiction of the Court o( article No. r7.

The question was then submitted: "Will the Senate sustain the demurrer to this article, No. I 7, for insufficiency?"

Those who voted in the affirmative are, towit-Messrs.

Bryan, Cabaniss, Cumming, DuBose,

Crimes, Head, Howell, Hudson,

Preston,
Tison of the lOth, Turner.

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

Boyd, Bower, Candler, Casey, Clarke, Clements, Clifton, Drake, Duncan, Fain,

Folks, Grantland, Hamilton of the 14th, Hamilton of the 21st, Hawkins, Hocl:;-es, Holcombe, Holton, McDaniel, .\lcLeocl,

Perry, Russell, Simmons, Speer, Staten, Stephens, Tison of the 4th, Troutman, Wellborn, MR. PRESIDENT.

Ayes, I I. Nays, 30. Declined to vote, 1.

So the Senate refused to sustain the demurrer to article No. 17, for insufficiency.
The vote of the Senate being completed upon both the question of jurisdiction and the demurrer for insufficiency .on each article, and the Chief Justice having ruled, alone, on the question of jurisdiction, he stated to the Senate that, in thus ruling, he observed what he deemed to be the method prescribed by the orc'er of procedure in force at that time, expecting that the Senate would also, under that order, first vote upon the question decided by the Court, and that the Court would then rule upon the demurrer to each article for insufficiency, which ruling would be followed by a vote of the Senate on that question ; but the adoption of an order submitting both questions to a vote of the Senate, when only that of jurisdiction had been ruled upon by the Court, precluded him from ruling on the demurrer to the articles in the order as prescribed in the original Rule of Procedure-it being therein declared that the ruling of the Court should precede the decision o(
the Senate on each question. The Chief Justice, therefore, submitted to the Senate
the following question, to-wit: Shall the chair, under existing circumstances, be ex-

SEPTEMBER 6, IS79

cused from ruling upon the sufficiency or insufficiency of the several Articles of Impeachment?"

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

Bower, Cabaniss, Clarke, Clements, Clifton, Cumming,

Drake, Duncan, Fain, Folks, Hawkins, Head,

H,olcombe, Holton, Russell. Stephens, Well born,
MR. PRESIDENT"

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

Boyd,

Hamilton of the 21st,

Bryan,

Hodges,

Candler,

Howell,

Casey,

Hudson,

DuBose,

LumJ)kin,

Grantland,

McDaniel,

Gr!mes,

McLeod,

Hamilton of the 14th, Perry,

Preston,

Simmons,

Speer,

Staten Tison

~f

the

4th,

Tison of the lOth,

Tiontman,

Turner.

Ayes, 18. Nays, 24.

So the Senate refused to excuse the Chief Justice from ruling on the question stated.

Whereupon, the Chief Justice overruled the demurrer to the several articles, in concurrence with the decision of the Senate thereon, declaring that such would have been the ruling of the Court if it had been made prior to the vote of the Senate, as contemplated by the original order of procedure.

Mr. McDaniel offered the following order, to-wit:

"Ordered: That rule 15th, of the rules for the government of the Senate, sitting as the High Court of Impeachment, be altered and amended so as to read: Upon all orders and interlocutory decisions by the Senate the ayes and nays shall be taken when demanded by any Senator, and, except upon the final question, the majority shall prevail.' "

On the question of adopting the same, the ayes and nays were recorded.
Those who voted in the affirmative are, to-wit-M~ssrs.

Bower, Cabaniss, Candler, Casey, Clarke,
Clements, Clifton,

Folks, Grantland, Grimes, Hamilton of the 14th, Hawkins, Head,
Holcombe,

lHcDaniel, McLeod, Preston Russell,'
Simmons, Stephens,
Tison of the 4th,

7o8

5ENATE JOURNAL APPENDIX

CumminJ!:, Dmke,
DuBose, Duncan, Fain,

Bolton, Howell, Hudson, Lumpkin,

Tison of the 10th, Troutman, Turner,
MR. PRESIDENT.

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

Boyd,

Hodges,

Bryan,

Perry,

Hamilton:of the 21st,

Speer, Staten.

Ayes, 34. Nays, 7

So the order was adopted.

The Chief Justice then ordered that the impeachment trial proceed on its merits, and that the Managers, on the part of the House of Representatives, proceed to open the case.

Mr. Turner, on the part of the Managers for the House, submitted to the Court the following replication, which was read and filed, to-wit:

IN THE HousE oF REPRESENTATIVES, }
STATE OF GEORGIA.
Replication of tlze House of Representatives of th'! State of Georgia to the ans7uer of Waslulzgton L. Goldsmith, Comptroller-Gmeral oj tlte State of Georgia, to the Articles of lmpeaclunent exhibited against hmz by the !louse of Represmtatives.
The House of Representatives of the State of Georgia have considered the several answers of Washington L. Goldsmith, Comptroller-General of the State of Georgia, to the several Articles of Impeachment against him by them exhibited, in the name of themselves and of all the people of the State of Georgia, and reserving to themselves all advantage of exceptions to the insufficiency of his answer to each and all of the several Articles of Impeachment exhibited, said Wa::hington L. Goldsmith, ComptrollerGeneral of the State of Georgia, do deny each and every averment in said several answers, or either of them which denies or traverses the acts, intents, crimes or misdemeanors charged against said Washington L. Goldsmith in the said impeachment, or either of them, and for replication to said answer do say that Washington L. Goldsmith, Comptroller-General of the State of Georgia, is guilty of the high crimes and misdemeanors mentioned in said arti-

tles, and that the House of Representatives are ready to prove the same.
Read and adopted in the House September 6, r8;g, A. 0. BACON,
Speaker of the House of Representatives. HENRY R. GoETcHrus,
Clerk of tlte House oj Representatives.
The High Court of Impeachment then adjourned until 1 1 o'clock, a. m., Monday next, and the Chief Justice re. tired from the chair.
SENATE CHAMBER, } Atlanta, Ga., Monday, September 8th, r8;g.
At the hour of 1 I o'clock, a. m., the Senate resumed its session, according to order, as a High Court of Impeachment, the Honorable Hiram Warner, Chief Justice, in the chair.
The Managers, on the part of the House of Representatives, and the respondent, with his counsel, appeared in the Court.
The Chief Justice ordered that the trial proceed, and that the Managers proceed to open the case in behalf of the House of Representatives.
Whereupon, the Hon. Mr. Hammond, one of the Managers, addressed the Court, by way of opening the case on the part of the House of Representarives, at the conclusion of which the High Court of Impeachment, on
motion, adjourned until 3Yz' o'clock, p. m., this day.
3:30 o'CLOCK, P. M.
At this hour the Senate, according to order, resumed its session as a High Court of Impeachment, the Hon. Hiram Warner, Chief Justice, presiding.
The Managers, on the part of the House of Representatives, and the respondent, with his counsel, appeared in the Court.
The Chief Justice ordered the Managers to proceed with the testimony on the part of the House, whereupon Mr. Turner tendered to the accused his oath of office, dated the 13th day of February, 1877, which was then filed as evidence with the Secretary.
The Managers then tendered the commission of the ac-
49

770

SENATE jouRNAL APPENtnx

cused, as Comptroller-General of the State, issued by the Governor of Georgia, on the 13th day of February, 1877, and for the term of four years, which was filed with the Secretary.
The Managers then tendered the following statements, found in the printed appendix of the report of the Joint
Wild Land Committee, to-wit: Statement of fl. fas issued
for 1877, on page 48.
Statement of taxes collected in wild land office, from transferees and all othLr channels, from September Ist, 1877, to January I st. 1879; of amount of cost collected in the wild land office from transferees and all. other channels, from September 1st, 1877, to June Ist, 1879; of amount of tax and cost and excess paid over by sheriffs from sale of w.ld lands, these several items being found on page (7) seven of said appendix.
Statement (itemized) of receipts in wild land office, from September Ist, 1877, to May 1st, 1879, commencing on page eleven, and extending to page thirty-three, iilclusive.
Itemized statement of receipts from sheriffs for sale of" wild lands, from February I Ith, 1878, to May I 5th, 1879,. commencing on page 34 and embracing page 35
Statement of amounts refunded in the wild land office;. from October I Ith, 1878, to May 29th, 1879, commencing: on page 39 and extending to page 44, inclusive.
Summary statement of fl. fas for 1877, commencing om page 49 and extending to page so, inclusive.
Counsel for respondent suggested an inaccuracy in the foregoing summary, in that it purported to be a statement for the year 1877, whereas it should be for the year 1874.
1875 and 1876. The Managers recognized the inaccuracy suggested, and
tendered the same so corrected as to apply to the years
1874, 1875 and 1876. Counsel for respondent, with said correction, received
the several foregoing statements as correct. The Managers then tendered to the respondent an official
copy of the official oath of the respondent for a former term as Comptroller-General of the State of Georgia.
Counsel for the respondent objected to the paper ten dered, because of its want of date..
The Court sustained said objection.

S:a:PtEMBRR 8, 1879

771

The Managers then tendered evidence to show that the paper tendered the respondent was a copy of the official oath of the respondent for a former term as ComptrollerGeneral of the State of Georgia, said t vidence being a book of entry of original oaths of officers of the State, and Isaac W. Avery, Secretary of the Executive Department, as a

witness.

Counsel for respondent objected to any evidence relating

to any former term of the respondent as Comptroller-

General, assuming that the proceedings pending by virtue

of the Articles of Impeachment, related only to the present term of respondent.

The objection was sustained by the Court, whereupon Mr. Cumming asked that the question he submitted to a

vote of the Senate.

The Chief Justice then submitted to the Senate the question : "Shall the evidence tendered by the Managers, and ruled out by the Court, be allowed?"

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

Bower,
Bryan, Candler, Casey, l:larke, Clements,
Clifton, Cumming, Drake, DuBose,
Duncan, Fain.

Folks,
Grantland, Hamilton of the 14th, Hamilton of the 21st, Hawkins, Hodges,
Holcombe, Holton, Howell, Hudson,
Lumpkin, 21-IcDaniel,

l\lcLeod,
Perry, Preston, Simmons, Staten, Stephens,
Tison of the 4th, Tison of the lOth, Troutman, Turner,
Wellborn, 1\Iu. PHESIDENT.

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

Cabaniss,

Grimes,

Head.

Ayes, 36. Nays, 3 So the evidence was allowed by the Senate.

The Managers then tendered the original book of entry of official oaths, and introduced as a witness Isaac W.

Avery, to establish the signature of respondent to the oath

of office contained in said book, a copy of which was tendered to respondent; also, tendered the journal of the

House of Representatives for the year 187-, page 58,

showing the election of respondent to the office of Comp troller-General of Georgia.

The Managers next tendered an itemized statement of tax received in the Co~ptroller-General's office on .wild

SENATE JOURNAt. APPENDIX

lands from March 27th, 1S74. to September Ist, ISj'j, inclusive.

Mr. Cabaniss moved that the Secretary be instructed to

have printed, each day, the evidence presented for that

day on the trial, and laid the next morning on the desks of

the Senators.

The motion prevailed.

The High Court of Impeachment then adjourned until

to o'clock, a. m., to morrow; and the Chief Justice with-

drew from the chair.

.

SENATECHAMBER, } Atlanta, Ga., Tuesday, September 9th, I 879.
At the hour of 10 o'clock, a. m., the Senate resumed its session as a High Court of Impeachment, the Honorable Hiram Warner, Chief Justice, in the chair.
The Managers on the ;art of the House of Representatives, and the respondent, with his counsel, appeared in the Court.
The Managers introduced as a witness \Villiam A. Wright, a clerk in the Wild Land Bureau of the Comptroller-General's Department.
In the course of the examination of this witness, in chief, the following question was propounded to him, viz:
"At what time prior to September 25th, 1877, did th~ demand and payment of tax ji, fas. begin?"
Objection to this question was made by counsel for respondent, because it related to matters not alleged in the Articles of Impeachment.
The objection was overruled by the Chief Justice, on the ground that the evidence in question was admissible to show the intent of the respondent in the performance of acts specified in said articles.
Counsel for respondent called the attention of the Senate to Rule of Procedure No. 13, by which it appeared that no right of appeal was allowed the respondent from the rulings of the Court to a vote of the Senate.
Whereupon, Mr. Lumpkin moved that the question as to the admissibility of the evidence referred to be submit ted to a vote of the Senate.
The Chief Justice then submitted the question to a vote of the Senate.

SEPTEMBER 9 1879

773

Those who voted in the affirmative are, towit-Messrs.

Bryan,
Casey, Clements, Clifton, Drake,
Duncan, Grantland,

Hamilton of the 14th,
Holcombe, Howell, Hudson, McLeod,
Perry, Russell,

Simmons,
Speer, Htaten, Tison of"the 4th, Tison oCthe 10th,
Troutman, MR. PRESIDENT.

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

Bower,
Cabaniss, Candler,
Clarke, Cumming, DuBose, Fain,

Folks,
Grimes, Hamilton of the 21st,
Hawkins, Head, Hodges, Holton,

Lumpkin, McDaniel, Preston, Stephens,
Turner, Wellborn.

Ayes, 21. Nays, 20. So the ruling of the Chief Justice was sustained by the Senate, and the evidence admitted. The Managers tendered in evidence the book of record of unreturned wild lands. The newspaper containing the list of wild lands advertised as in default. The book containing the list of advertised wild lands for

1874 The witness was turned over to respondent with the
understanding that he might be recalled by the Managers to testify in regard to specific matters.
Having been cross-examined by counsel for respondent, he was recalled by the Managers and further examined, and pending his examination the Court, on motion, adjourned until 3:30 o'clock, p. m., this day, and the Chief Justice retired from the chair.

3:30 o'CLOCK, P. M.

The Senate, at this hour, resumed its session, according to order, as a High Court of Impeachment, the Honorable Hiram Warner, Chief Justice, presiding.
The examination of William A. Wright was resumed by the Managers.
The Managers tendered in evidence two circular letters of the Comptroller-General, found on pages 5 r and 52 of the appendix to the report of the Wild Land Committee,
and on pages 7 and 8 of the Articles of Impeachment.
. Also, statement of the Treasurer showing the amount of moneys paid into the Treasury by the Comptroller-General,

774

SENATE JouRNAL APPENDIX

from wild land taxes, from March 24th, 1874, to August
29th, 1879 W. P. Anderson, of the county of Cobb, was offered
as a witness by the Managers, and having been examined, in chief, was cross-examined by counsel for respondent.
The Managers tendered in evidence four original wild land
fieri facias received from the witness, vV. P. Anderson;
also a receipt taken by said witness for $ r3-46, embracing the taxes on seven lots of land, and $3.50 as costs for issuing said fieri facias.
The Managers then tendered in evidence a statement from the Comptroller-General, showing the amount of insurance tax paid into his office for the year 1878, when collected, and when paid into the Treasury.
A statement from the same source, completing and perfecting the foregoing statement.
An itemized statement of insurance tax collected for the year 1878, and a statement of insurance fees for 1878.
On motion of Mr. Cumming. the High Court of Impeachment adjourned until 10 o'clock, a. m., to-morrow, and the Chief Justice retired from the chair.

SENATE CHAMBER, } Atlanta, Ga., Wednesday, September roth, 1879,

At the hour of 10 o'clock, a. m., the Senate, according

to order, resumed its session as a High Court of Impeach-

ment, the Honorable Hiram Warner, Chief Justice, pre-

siding.



The Managers on the part of the House of Representa-

tives, and the respondent, with his counsel, appeared in the

Court. The journal of yesterday's proceedings was read and
approved. The Managers tendered in evidence a statement of the
Treasurer, showing the payments of the ComptrollerGeneral on account of the insurance fund, embracing in" surance taxes and insurance fees for the year~ 1878 and 1879. with the dates of payment into the Treasury.
The Managers then tendered in evidence .ft. fas. issued
against the lands of Raundo & Co. and Fox & Co., the same having been produced by a demand made on the
Comptroller-General, and said to be all of that class of ft..

SEPTEMBER IO, 1879

775

fas. which have been returned to the Comptroller-General's

office, and numhering about ninety, the same having been

transferred to Daniel Lott, November 5th, 1877

W. A. 'vVright was recalled by the Managers to explain

certain records in regard to which he had been examined,

viz: the book of record of ji. fas. transferred, and the book

of record of ji. fas. sent to the sheriffs, directed from the

Wild Land Bureau.

Council conceded that the ji. fas. tendered this day in

evidence were not entered on either of the books above

described.

These books were tendered in evidence by the Mana-

gers. They also tendered in evidence the stub book of

receipts for taxes on wild lands for the years 1874 and 1875

and 1877.

The Managers introduced Hon. John 'vV. Renfroe,

Treasurer of the State, as a witness; also tendered in

evidence a check for $ro,ooo.oo, signed by V. R.

Tommey, President of the Georgia Banking and

Trust Company, of Atlanta, Georgia, identified as

the check paid to the Treasurer on account of insurance

taxes and fees, July 3 I st, I 879; also a note for$ IO, ooo.oo,

signed by W. L. Goldsmith, and endorsed by J. M. Gold-

smith, J. H. Goldsmith and J. W. Goldsmith, the same

bearing date July 3 Ist, I 879, and identified as the note

given in consideration for the descrihed check.

V. R. Tommey, President of the Georgia Banking and

Trust Company, of Atlanta, Georgia, was introduced by

the Managers as a witness; also J. M. Patton, cashier of

said bank.

The Managers then introduced as a witness W. B. Sapp,

sheriff of Dodge county, Georgia.

On a motion to adjourn until 3:30 o'clock, p. m., this

day, Mr. Bower required the ayes and nays to be re-

corded.

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

Bryan,
Cabaniss, Candler, Casey, Clarke,
Clements, Cumming, Drake,
DuBose,

Duncan,
Flin. Grmit land, Grinws,
Hamilton of the 14th, Hawkins, Head,
Holcombe, Howell,

Hudson, Lumpkin, l\lcLeod,
Perry, Preston, Speer, 'front man,
Tumer, Wellborn.

SENATE JOURNAL APPENDIX

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

Bower,

Hodges,

Clifton,

Holton,

Folks,

Simmons,

Hamilton of the 21st, Staten,

Stephens, Tison of the 10th, MR. PRESIDENT.

Ayes, 27. Nays, I r.

So the High Court of Impeachment adjourned until 3:30

o'clock, p. m., and th~ Chief Justice retired from the chair.

3:30 o'CLOCK, P. M.
At 3 Yz o'clock, p. m., the Senate resumed its session,
according to order, as a High Court of Impeachment, the Honorable Hiram Warner, Chief Justice, presiding.
The Managers on the part of the House of Representatives, and the respondent, with his counsel, appeared in the Court.
The examination of W. B. Sapp was resumed. The Managers tendered in evidence two circular letters of W. L. Goldsmith, Comptroller-General, addressed ''To the Sheriffs of Georgia," and dated, respectively, November rst, 1877, and November qth, 1877, and are to be found
on pages 7 and 8 of the printed Articles of Impeachment.
The Managers then tendered in evidence the printed copy of a letter, ac1dressed "To the Chairman and Members of the Wild Land Committee," and signed "W. L. Goldsmith," with an unsigned document attached.
Counsel for respondent objected to the copy tendered as evidence, because an appended document, to which, in the original, the signatures of certain members of the Wild Land Committee were affixed, appeared in the copy ten-
dered without such signatures. The Hon. Mr. Candler, being introduced as. a witness on
the question as to whether the letter tendered and the document appended were correct copies of the original, stated that the copy was substantially correct, with the exception that from the copy the signatures referred to as
being affixed to the original were omitted. The Chief Justice ruled that the paper tendered was
admissible in evidence, with the addition of the signatures
as established by the parol evidence. The same was then tendered as evidence, in conformity
with the ruiing of the Court, by the Managers. The Hon. Lewis Strickland, of the county of Clinch,
was introduced as a witness by the Managers.

SEPTEMBER I 11 1879.

777

The High Court of Impeachment then adjourned, on motion of Mr. Cabaniss, until 10 o'clock, a.m., to-morrow.

SENATE CHAMBER, } Atlanta, Ga., Thursday, September I Iih, I 879
At the hour of 10 o'clock, a.m., the Senate resumed its session, according to order, as a High Court of Impeachment, the Honorable Hiram Warner, Chief Justice, pre-
siding. The Managers on the part of the House of Representa-
tives, and the respondent, with his counsel, appeared in the
Court. The journal .of yesterday's proceedings was read and
approved. The Chief Justice requested the Managers to proceed
with the evidence on the part of House of Representatives. The.Managers introduced the Hon. Parish D. Davis, of
Baker county, as a witness, who was sworn and examined, in chief, and cross-examined for respondent.
The Managers introduced Hon. Geo. R. Sibley, of the county of Richmond, as a witness, who was sworn and examined.
Wm. H. Clark, of the city of Atlanta, was then introduced by the Managers, and sworn and examined as a witness.
L. Carrington, of the county of Baldwin, was introduced as a witness by the Managers, and sworn and examined.
The Managers tendered, in evidence, a statement of the Treasurer, contained in the report of the ComptrollerGeneral to the Governor of the State, for the year 1878, which statement shows the amount paid into the Treasury by the Comptroller-General, on account of insurance taxes for the years I877 and 1878; said statement being found on
page 7 of said report.
The Managers introduced H. W. J. Ham, of the county of Hall, as a witness, who, being sworn, was examined.
The Managers tendered in evidence a report of Madison Bell, Comptroller-General of the State of Georgia, made to the Governor of the State on the 12th day of January, 1870, on the subject of wild lands, in which existing evils in the policy then prevailing in regard to these lands were pointed out, and remedies therefor suggested, the

SENATE JouRNAL APPENDIX

object of the evidence tendered being to show the intent

of the respondent in making the alleged fraudulent reports,

as set forth in article No. 9; and, also to show the policy of the State relating to the said wild lands.

Counsel for respondent objected to the evidence tender-

ed, for the reason that it was merely the opinion of a pre

decessor in office, and in no manner related to the acts of

the present Comptroller-General.

The Chief Justice overruled the objections of respondent,

and admitted the evidence tendered as an official docu-

ment, to show the general policy of the State in relation to

the subject matter, and as an aid to the investigation in

progress, it being the policy of this Court to derive in-

formation from every available source, compatibly with

the rules of law. Mr. Clark asked that the question ruled upon by the

l.hief Justice be submitted to a vote of the Senate.

The question was submitted to the Senate by the Chief

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

Cabaniss,
Candler, Casey,
Clements, Clifton, Cumming, Drake, DuBose, Duncan, Fain,

Folks,
Grantland, Hamilton of the 14th.
Hamilton of the 21st, Hawkins, Hodges, Holcombe, Howell, Hudson, McLeod,

Perry, Simmons, Speer,
Staten, Stephens, Tison of the 4th, Tison of the lOth, Troutman, Wellborn.

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

Bower, Bryan, Clarke, Grimes,

Head, HDlton, Lumpkin, McDaniel,

Preston, Turner
MR. Pu'ESIDENT.

Ayes, 29. Nays, I I. So the ruling of the Chief Justice was sustained, and the

evidence tendered was admitted. On motion of Mr. Hudson, the High Court of Impeach-

ment adjourned until 33/z o'clock, p. m., this day.

3:30 o'cLOCK, P. M.
The Senate resumed, at 3 Yz o'clock, p. m., its session
as a High Court of Impeachment, the Honorable Hiram
Warner, Chief Justice, presiding. The Managers on the part of the House of Repre~enta.

SEPTEMBER II, 1879

779

tives, and the respondent, with his counsel, appeared in the Court.
The Managers, being requested to proceed with the evi dence on the part of the House of Representatives, ten dered the following, to-wit:
Comptroller General's report for the year 1871, dated April 1st, 1872, pages 26 and 27, containing tabular statement of wild lands.
Comptroller-General's report for the year 1873, dated January 1st, 1874, with special reference to pages 6 and 7 and 17.
Comptroller-General's report, dated January rst, 1875, making special reference to pages 4 and 5 of the same ; also, page 8 of said report, and page 16.
Comptroller-General's report for I875, bearing date Jan-
uary 1st, 1876, making special reference to pages 5, 7, 16
and 17. Comptroller-General's report for the year I 876, bearing
date January 1st, 1877, with special reference to pages 7 and 25.
Comptroller-General's report for the year 1877, bearing date January Ist, 18]8, with special reference to page 24.
Also, Comptroller-General's report bearing date of Octo
ber Ist, 1878, with special reference to pages 4. 7 and 17.
The witness, w. A. Wright, was recalled by the Man-
agers and examined in regard to a certain book exhibited to him, purporting to be a book of account, showing moneys collected and paid to the Comptroller-General by ordinaries in the several counties of this State, on account of wild land taxes for the year 1873
Witness stated that he saw said book for the first time this morning, when he found the same in the possession of Mr. Robert Hardeman, a clerk in the General Tax Bureau of the Comptroller-General's Department; that he did not recognize the same as a regular book of record of the wild land office.
This book was then tendered as evidence by the Managers, to show that the fund paid into the Treasury by the Comptroller-General, by which (as charged in article No. 9) he obtained excessive credit, was not a private fund of respondent, but money of the State paid over to him by ordinaries on account of wild land taxes for the year 18/'3.

780

SENATE jOURNAL APPENDIX

Counsel for respondent objected to said book as evi-

dence, on the ground that it had not been established as

one of the regular books of the wild land office.

The Chief Justice overruled the objection and admitted

the evidence tendered, declaring that sufficient proof had

been made to establish the book as, prima fade, a book of

account of the Comptroller-General's Department.

Mr. Speer, through courtesy to the respondent, asked

that the question ruled by the Chief Justice be submitted

to a vote of the Senate.

The question was submitted to the Senate by the Chief

Justice.

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

Bower, Bryan, Cabaniss,
Candler, Casey, Clarke, Clements, (]]ifton,
Cumming, Drake,
DuBose, Fain, Folks,

Grantland,

Perry,

Grimes,

Preston,

Hamilton of the 14th, Russell,

Hamilton of the 21st, Simmons,

Hawkins,

Speer,

Head,

Staten,

Hodges,

Stephens,

Holcombe,

Tison of the 4th,

Holton,

Tison of the lOth,

Hudson,

Troutman,

Lu111pkin,

Turner,

:McDaniel,

Wellborn,

McLeod,

MR. PimsmENT.

Ayes, 39 Nays, o.

So the ruling of the Chief Justice was sustained, and the

evidence tendered was admitted.

The Managers tendered a statement showing the amo:111ts

paid into the Treasury of the State by the Comptroller-

General as taxes received on wild land from ordinaries

from March 23d, 1874, to February, 1875. both dates in-

clusive, said statement being a transcript from the books

of the Treasurer and the total sum paid for the period

mentioned being $562.95.

The High Court of Impeachment, on motion of Mr.

Cabaniss, adjourned until I I o'clock, a. m., to morrow;

and the Chief Justice retired from the chair.

SENATE CHAMBER, } Atlanta, Ga., Frzday, September I ztlz, I 879
At the hour of I 1 o'clock, a. m., the Senate resumed its session as a High Court of Impeachment, the Honorable Hiram Wainer, Chief-Justice, presiding.

~EPTEMBER 12, I ~79
'the Managers on the part of the House of Representa tives, and the respondent, with his counsel, appeared in the Court.
'fhe journal of yesterday's proceedings was read and approved.
Mr. Turner, on the part of the Managers of the House of Representatives, announced to the Court that they would close the evidence on their part, with the exception of that which they might deem proper to introduce in re buttal.
The Chief ] ustice then requested counsel for respondent to proceed with the testimony on his behalf, whereupon Daniel Lott, of the county of Worth, was introduced, sworn and examined.
Richard Hobbs, of the county of Dougherty, was then introduced as a witness by respondent, and sworn and examined.
The High Court of Impeachment then, on motion, ad-
journed until 3Yz o'clock, p. m., this d.1y, and the Chief
J ustic~ retired from the chair.
3:30 o'CLOCK P. M.
The Senate resumed its session as a High Court of Impeachment, according to order, the Hon. Hiram Warner, Chief ]ustice, presid,ng.
The Managers, on the part on the House of Representatives, and the respondent, with his counsel, appeared in the Court.
The counsel for respondent introduced as a witness in his behalf F. M. Coker, of the city of Atlanta, and John H. James, of the same place, both of whom were sworn and examined.
The counsel for respondent then introduced as a witness in his behalf W. 0. Fleming, Solicitor-General of the Albany ] udicial Circuit, who was sworn and examined; also tendered as evidence certain official letters of instruction addressed to the last named witness by the respondent, and bearing date, respectively, May 27th, 1878, February 27th, 1879, March 11th, 1879, and May 24th, 1879.
Counsel for respondent then introduced C. T. Clements,
Solicitor-General of the Rome Judicial Circuit, who was sworn and examined.
James M. Goldsmith, a clerk in the Wild Land Office

SENATE JouRNAL APPENbi~
of the Comptroller-General, was then introduced as a witness on behalf of the respondent, and qualified as such.
Pending the examination of this witness, the High Court of Impeachment adjourned, on motion, until I I o'clock, a.m., to-morrow, and the Chief Justice retired from the the chair.

SENATE CHAMBER, } Atlanta, Ga., Saturday, September I ylz, I 879.
At the hour of I I o'clock, a. m., the Senate resumed its session as a High Court of Impeachment, the Hon. Hiram Warner, Chief Justice, in the chair.
The Managers on the part of the House of Representatives, and the respondent, with his counsel, appeared in the Court.
The journal of yesterday's proceedings was read and approved.
The Chief Justice directed that the evidence on behalf of respondent be proceeded wit11, whereupon James M. Goldsmith, previously sworn as a witness, was placed upon the stand. Having been examined by counsel for respondent as to certain matters, he was turned over for cross examination to the Managers, with the understanding that he might be recalled by respondent after the examination of other witnesses.
The High Court oflmpcachment adjourned, on motion, until IO o'clock, a. m., Monday, the ISth instant, and the Chief Justice retired from the chair.

SENATE CHAMBER,

}

Atlanta, Ga.' Monday, September I stlz, 1879

At the hom- of IO o'clock, a. m., the Senate resumed its

session as a High Court of Impeachment, the Hon. Hiram

Warner, Chief Justice, presiding.

The Managers on the part of the House of Representa-

tives, and the resp mdent, with his counsel, appeared in

the Court. The journal of yesterday's proceedings was read and

approved. Counsel for the respondent announced the fact that he

had tendered his ret>ignation as Comptroller-General to.the

SEPTEMBER r6, 1879

Governor; that he had other evidence, but would intro-

duce no more ; and that the reason for this action would

be given elsewhere. Upon request of Mr. Turner. on behalf of the Managers,

the Chief Justice allowed them five minutes for consulta-

tion. At the expiration of this period, Mr. Turner an-

nounced that the Managers felt'constrained, by a sense of

duty, to ask that the case proceed, and that the Managers

were ready to proceed with the argument.

Counsel for respondent, addressing the Chief Justice and

the Senate, repeated the announcement that the respondent

had other evidence, but would introduce no more, and

added that respondent had nothing more to say.

Mr. Howell moved that the High Court of Impeach-

ment adjourn until IO o'clock, a. m., to-morrow.

On this proposition, the ayes and nays were required to

be recorded. TJwse who voted in the affirmative are, to-wit-Messrs.

Bower,
.Bryan, Casey, Clifton, Drake, .Duncan, Fain,

Grimes, Hamilton of the 14th, Hanison, Hawkins,
Head, Holton,

HJ\oIcwD~enlil ei, Perry,
Troutman, WTeulrlnlJeor~n.

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

Cabaniss, Clements, DuBose, Folks, Grantland, Hamilton of the 21st,

Holcombe, Hudson, Lumpldn, McLeod, Preston,

Simmons, Speer, Staten, Tison of the 4th,
.MR. PuESIDENT.

Ayes, 19. Nays, 16.

Messrs. Boyd, Clarke, Cumming, Hodges, Russell,

Stephens and Tison of the 10th were absent.

. There being 19 ayes and 16 nays, the High Court of

Impeachment adjourned until 10 o'clock, a. m., to-morrow,

and the Chief Justice retired from the. chair.

SENATE CHAMBER, } Atlanta, Ga., Tuesday, September 16th, 1879.
At the hour of 10 o'clock, a. m., the Senate resumed its .session as a High Court of Impeachment, the Honorable Hiram Warner, Chief Justice, presiding.
The Managers on the part of the House of Representa-

SENATE JouRNAL APPENntX
tives, and the respondent, with his counsel, appeared itt the Court.
The journal of yesterday's proceedings was read and approved.
In response to an inquiry submitted by the Chief Justice, counsel for respondent repeated the announcement made on yesterday, to the effect that he would introduce no further testimony. nor 'make any further argument.
The Chief Justice requested the Managers to proceeed to open the argument on the part of the House of Representatives, whereupon Mr. Turner addressed the Court, and at the conclusion of his remarks he announced the conclusion of the argument on the part of the Managers of the House.
The Chief Justice submitted the following question to the Senate, to-wit:
''Senators, are you now ready to decide upon the Articles of Impeachment pending?"
The response of a majority of the Senate was in the negative.
Whereupon, on motion of Mr. Cabaniss, the High Court of Impeachment adjourned until 10 o'clock, a. m., to-morrow ; and the Chief Justice retired from the chair,
SENATE CHAMBER, } Atlanta, Ga., Wednesday, September 17th, 1879
At the hour of 10 o'clock, a. m., the Senate resumed its session as a High Court of Impeachment, the Honorable Hiram Warner, Chief Justice, presiding.
The Managers on the part of the II ouse of Representatives, and the respondent, with his counsel, appeared in the Court.
The journal of yesterday's proceedings was read and approved.
Mr. Preston offered the following amendatory order, to-wit:
"It is ordered by the Court: That rule No. 28 be, and is hereby, repealed, and that the reading of the journal provided for by said rule be dispensed with."
On motion of Mr. Cabaniss, the proposed order of Mr. Preston was laid on the table for the present.

Mr. McDaniel offered the following as an amendment to

rule 22, to-wit: Ordered: That rule 22 of the Rules of Procedure be
amended by strikiug therefrom all between the word "sentence," in the fourth line, and the word ''shall," in the sixth line, and by inserting, in lieu thereof, the following, to wit: "or determined by vote of the Senate for that purpose."
The ayes and nays were recorded on the adoption of this amendment.
Those who voted in the affirmative are, to-wit-Messrs.

&~

~M~

H~~

Bryan,

Fain,

McDaniel,

Cabaniss,

Folks.

Perry,

Candler,

Grimes,

Preston,

Casey,

Hamilton of the 14th, Russell,

Clarke,

Hamilton of the 21st, Speer,

Clements,

Hawkins,

Troutman,

Cumming,

Head,

Turner,

Drake,

Holton,

Well born,

DuBose,

Howell,

MR. PRESIDENT.

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

Boyd, Clifton, Grantland, Harrison,

Holcombe, Lumpkin,
McLeod,

Simmons, Staten, Tison of the 4th.

Ayes, 30. Nays, IO. So the same was adopted.

The Chief Justice then submitted to the Senate the following question: ''Senators, are you now ready to decide upon the Articles of Impeachment pending?"
A majority of the Senators having answered affirmatively, the Chief Justice ordered that the voting should proceed, and as the Secretary called the Senators in alphabetical order, having first read the first Article of Impeachment, the following question was propounded to each by the Chief Justice, to wit :
'Senator, what say you, is he guilty or not guilty of the charges contained in article No. I ? "
The 8enators were all called and voted as follows on article No. I, except Messrs. Stephens, Hodges and Tison of the wth, who were absent by leave.
Those who voted "guilty" are, to-wit-Messrs.

Boyd, Bower, Bryan,
so

Folks, Grantland, Grimes,

McDaniel, McLeod, Perry,

786

SENATE JOURNAL APPENDIX

Cabaniss, Candler,
Casey, Clarke, Clements,
Clifton, Cumming, Drake, DuBose, Duncan, Fain,

Hamilton of the 14th, Hami!tolft of the 21st, Ha.rrison,
Ha.wkins, Head, Holcombe, Holton, Howell, Hudson, Lumpkin,

Preston, Russell, Simmons, Speer, Staten, Tison of the 4th, Troutman,
Turner, Wellborn,
MR. PRESIDENT.

"Guilty," 40. "Not guilty," o. Absent and not vot-

ing, 3 So the Chief Justice announced : ''Two-thirds of the
Senators present hctving voted 'guilty,' the defendant stands convicted of the charges contained in article No. 1."
The Secretary then read article No. 2, when the same order of pro~.:edure was had as with the preceding article.

Those who voted ''guilty" are, to-wit-Messrs.

Bryan, Clifton, Drake,

Hamilton of tile 14th, Staten,

Holcombe,

Tison of the 4th.

Simmons,

Those who voted ''not guilty" are, to-wit-Messrs.

Boyd, Bower, Cabaniss, Candler,
Casey, Clarke, Clements, Cumming, DuBose, Duncan,
Fain,

Folks, Grantland, Grimes, Hamilton of the 21st,
Harrison, Hawkins, Head, Holton, Howell, Hudson,
Lumpkin,

McDaniel,
McLeod, Perry, Preston,
Russell, Speer, Troutman, Turner, Wellborn, MR. PRESIDENT.

"Guilty," 8. "Not guilty," 32. Absent by leave, 3

So the Chief Justice announced that two-thirds of the Senators present not having voted ''guilty," the defendant was acquitted of the charges contained in article No. 2.
Article No. 3 having been read to the Senate, the same order was obtained in voting upon this article.

Those who voted "guilty," are, to-wit-Messrs.

Boyd,
Bower, Bryan, Oa.baniss, Candler, Ca.sey,
Cla.rke, Clements, Clifton,

Folks,
Grantland, Grimes, Ha.milton of the 14th, Ha.milton of the 21st, Harrison,
Hawkins, Hea.d, Holcombe,

McDaniel,
McLeod. Perry, Preston, Russell, Simmons,
Speer, Staten, Tison of the 4th,

Cumming, Drake, DuBose, Duncan, Fain,

Holton, Howell, Hudson, Lumpkin,

Troutman, Turner,
Wellborn. ~IR. PRESIDENT.

''Guilty, 40. "Not guilty," o. Absent by leave, 3

So the Chief Justice announced that two-thirds of the Senators having voted "guilty,'' the defendant was convicted of the charges contained in article No. 3
Article No. 4 was read to the Senate by the Secretary; and the voting proceeded as before.

Those who voted ''guilty" are, to-wit-Messrs.

Boyd, Bower, Bryan,
Cabaniss, CamBer, Casey, Clifton, Cumming, Drake, DuBose,
Duncan, Folks,

Grantland, Grimes, Hamilton of the 14th,
Hamilton of the 21st, Harrison, Hawkins, Head, Holcombe, Howell, Hudson,
Lumpkin,

McDaniel, McLeod, Perry,
Russell, Simmons, Speer, Staten, Tison of the 4th, Troutman, Turner,
Well born.

Those who voted "not guilty" are, to-wit-Messrs.

Clarke, Ulements,

Fain, Holton,

Preston, MR. PRESIDENT.

"Guilty," 34 ''Not guilty," 6. Absent by leave, 3.

So the Chief Justice announced that two-thirds of the Senators having voted ''guilty," the defendant stood convicted of the charges contained in article Nq. 4

The Secretary read artlc1e No. 5 to the Senate, and the voting was proceeded with thereon, as with the foregoing articles.

Those who voted "guilty" are, to-wit-Messrs.

Boyd, Bower, Bryan, Cabaniss, Candler, Casey, Clarke, Clements,
Clifton, Cumming, Drake, DuBose,
Duncan, Fain,
''Guilty," 40.

Folks, Grantland, Grimes,
Hamilton of the 14th, Hamilton of the 21st,
Harrison, Hawkins, Head,
Holcombe, Holton, Howell, Hudson,
Lumpkin,

McDaniel, McLeod, Perry,
Preston, Russell,
Simmons, Speer, Staten,
Tison of the 4th, Troutman, Turner, Wellborn,
Mn. PRESIDENT.

"Not guilty," o. Absent by leave, 3

;88

SENA'R JOURNAL APPENDIX

or So the Chief Justice announced that two thirds the
Senat(}rs having voted "guilty," the defendant stood convicted of the charges contained in article No. 5
At this juncture, Mr. Lumpkin proposed the following as an amendment to rule of procedure, No. 21, towit: Amend rule No. 2 r by striking out after the word ''impeachment," in the 6th line thereof, the words ''shall be read separately," and insert, in lieu thereof, the words ''shall be called separJ.tely by number, but if any Senator desires any particular article to be read, it shall be done."
This proposition to amend was, on motion, laid on the table, and the Secret:try proceeded to read article No. 6.
The voting thereon was had in the same order as on the
foregoing article.

Those who voted ''guilty" are, to-wit-Messrs.

Bower, Holcombe,

Perry,

Russell.

Those who voted "not guilty" are,:to-wit-Messrs.

. Boyd,

Fain,

Lumpkin,

Bryan,

Folks,

McDaniel,

Cabaniss,

Grantland,

McLeod,

Candler,

Grimes,

Preston,

Casey,

Hamilton of the 14th, Simmons,

Clarke,

Hamilton of the 21st, Speer,

Clements,

Harrison,

Staten,

Clifton,

Hawkins,

Tison of the 4th,

Cumming,

Head,

Troutman,

Drake,

Hulton,

Turner

DuBose,

Howell,

Wellbo'rn,

Duncan,

Ji

"Guilty,"*

"NHoutdsgouni, lty,"~'

MR. PRESIDENT.
Absent by leave,

3

So the Chief Justice announced that two thirds of the Senators not having voted 'guilty," the defendant was acquitted of the charges contained in article No. 6.
The Secretary then read to the Senate article No. 7, and the voting thereon proceeded as aefore.

Those who voted ''guilty" are, to-wit-Messrs.

Bower, Grantland,

Holcombe, Russell,

Staten, Tison of the 4th.

Those who voted ''not guilty" are, to-wit-Messrs.

Boyd, Bryan, Cabaniss, Candler, Casey, Clarke,
Clements,

Fain, Folks, Grimes, Hamilton of the 14th, Hamilton of the 21st, Harrison,
Hawkins,

Lumpkin, McDaniel, :McLeod, Perry, Preston, Simmons,
Speer,

SEPTEMBER 17, 1879.

Clifton, Cumming, Drake, DuBose, Duncan,
"Guilty," 6.

Head, Holton, Howell, Hudson,
''Not guilty," 34

Troutman, Turner, Wellborn,
MR. PRESIDENT.
Absent by leave, 3

So the Chief Justice announced that two-thirds of the Senators not having voted ''guilty," the defendant is ac-
quitted of the charges contained in article No. 7

Article No. 8 was then read to the Senate by the Secretary, and the usual order of voting observed thereon.

Those who voted "guilty" are, to-wit-Me,;srs.

Boyd, Bower, Bryan, Clifton, Drake, Grantland,

Grimes, Hamilton of the 14th, Hamilton of the 21st, Holcombe, Hudson, Lumpkin,

McLeod, Perry, Russell, Simmons, Staten, Tison of the 4th.

Those who voted "not guilty" are, to-wit-Messrs.

Cabaniss, Candler, Casey, Clarke, Clements, Cumming,
DuBose, Duncan,

Fain, Folks, Harrison, Hawkins,
Head, Holton,
Howell,

McDaniel, Preston, Speer, Troutman, Turner, Wellborn,
MR. PRESIDENT.

"Guilty," 18. "Not guilty," 22. Absent by leave, 3

So the Chief Justice announced that two-thirds of the Senators not having voted "guilty," the defendant was acquitted of the charges contained in article No. 8.

The High Court of Impeachment adjourned, on motion,
until 3_% o'clock, p. m.; and the Chief Justice retired from the chair.

3:30 O'CLOCK, P. M.
The Senate, at 3 _% o'clock, p. m., resumed its session as a High Court of Impeachment, the Honorable Hiram Warner, Chief Justice, presiding.
The Managers on the part of the Hou!'.e of Representatives, and the respondent, with his counsel, appeared in the Court.
By direction of the Chief Justice, the 9th article was read by the Secretary to the Senate, and the voting thereon was proceeded with in due form.
Those who voted ''guilty" are, to-wit-Messrs.

SENATE JouRNAL APPENDIX

Drake, Holcombe, Holton,

Howell, Lumpkin, McLeod,

Perry, Tison of the 4th.

Those who voted "not guilty" are, to-wit-Messrs.

Boyd, Bower, Bryan, Cabaniss, Candler, Uasey, Clarke, Clements, Clifton,
Cumming, DuBose,

Duncan, Fain, Folks, Granlland, Grimes, Hamilton of the 14th, Hamilton of the 21st, Harrison, Hawkins,
Head,

Hudson, McDaniel, Preston, Russell, Simmons, Staten, Troutman, Turner, Wellborn,
MR. PRESIDENT.

''Guilty," 8. "Not guilty," 31. Absent by leave, 4 So the Chief Justice announced that two-thirds of the Senators not having voted "guilty," the defendant was acquitted of the charges contained in article No. 9 Article No. 10 was read and voted on in the usual form. Those who voted ''guilty" are, to-wit-Messrs.

Boyd, Bower,
Bryan,
Cabaniss, Candler,
Casey, Clarke, Clements, Clifton, Cumming, Drake, DuBose, Duncan,

Fain,

Lumpkin,

Folks,

McDaniel,

Grantland,

McLeod,

Grimes,

Perry,

Hamilton of the 14th, Preston,

Hamilton of the 21st, Russell,

Harrison,

Simmons,

Hawkins,

Staten,

Head,

Tison of the 4th,

Holcombe,

Troutman,

Holton,

Turner,

Howell,

Well born,

Hudson,

MR. PRESIDENT.

"Guilty," 39 "Not guilty," o. Absent by leave, 4 The Chief Justice announced that two-thirds of the Senators having voted "guilty,'' the defendant stood convicted

of the charges contained in article No. 10. Article No. I I was read by the Secretary to the Senate,
and the voting of Senators thereon was had in due form. Those who voted "guilty" are, to-wit-Messrs.

Cumming,

Holcombe,

Drake,

Holton,

Grantland,

Lumpkin,

Hamilton of the 14th, McLeod,

Perry, Simmons,
Stat~>n,
Tison of the 4th.

Hamilton of the 21st,

Those who voted ''not guilty" are, to-wit-Messrs.

Boyd, Bower, Bryan,

DuBose, Duncan, Fain,

Hudson, McDaniel, Preston,

SEPTEMBER 17, 1879

Cabaniss, Candler, Casey, Clarke, Clements, Clifton,

Folks, Grimes, Hawkins, Harris'ln, Head, Howell,

Russell, Troutman, Turner, Wellborn, MR. PRESIDENT.

"Guilty," 13- "Not guilty," 26. Absent by leave, 4

So the Chief Justice announced that two-thirds of the Senators not having voted ''guilty," the defendant was acquitted of the charges contained in article No. I I.

Article No. 12 having been read to the Senate by the Secretary, the voting thereon was proceeded with in the prescribed form.

Those who voted ''guilty" are, to-wit-Messrs.

Clifton, Drake,
Grimes, Hamilton of the 14th, Hamilton of the 21st,

Holcombe, Lumpkin, McLeod, Perry,

Russell, Simmons, Staten, Tison of the 4th.

Those who voted "not guilty" are, to-wit-Messrs.

Boyd, Bower, Bryan, Cabaniss, Uandler, Casey,
Clarke, Clements,
Cumming,

DuBose, Duncan, Fain, Folks, Grantland, Harrison,
Hawkins, Head,
Hulton,

Howell,
Hurl son, lHcDauiel, TPrroeus1tom~nn' , Turner, Wellborn, MR. PRESIDENT.

"Guilty," 13. "Not guilty," 26. Absent by leave, 4

So the Chief Justice announced that two-thirds of the Senators not having voted '"guilty," the defendant was acquitted of the charges contained in article No. 12.

The 13th article was read by the Secretary, and the vote of Senators taken thereon, in the form prescribed.
Those who voted "guilty" are, to-wit-Messrs.

Boyd,
Bryan, Cabaniss, Candler,
Casey, Ularke, Clements,
Clifton, Cumming, Drake,
DuBose, Duncan, Fain,

Folks,
Grantland, Grimes, Hamilton of the 14th,
Hamilton of the 21st, Harrion, Hawkins,
HHoelacd~mbe, Holton,
Howell, Hudson Lumpkin,

McDaniel,
McLeod, Perry, Preston,
Russell, Simmons, Staten,
Tison of the 4th, Troutman, Turner,
Wellborn, MR. PREsiDENT,

SENATE JOURNAL APPENDIX

Those who voted "not guilty" are, to-wit-Messrs.

Bower.

"Guilty," 38. ''Not guilty," 1. Absent by leave, 4

So the Chief Justice announced that two-thirds of the Senators having voted ''guilty," the defendant stood convicted of the charges contained in article No. I 3

Article No. I4 was read to the Senate by the Secretary, and the vote thereon was taken in due form.

Those who voted ''guilty" are, to-wit-Messrs.

Boyd, Bryan, Cabaniss, Candler, Casey, Clarke, Clements, Clifton, Drake, Duncan,

Fain, Folks, Grantland, Hamilton of the 14th Hamilton of the 21st, Harrison, Hawkins, Holcombe, Holton, Hudson,

Lumpkin, McLeod, Perry, Russell, tlimmons, Staten, Tison of the 4th, Turner, Wellborn, lHR. PRESIDENT.

Those who voted "not guilty" are, to-wit-Messrs.

Buwer,
Cummiug, DuBose,

Grimes,
Head, Howell,

McDaniel,
Preston, Troutman.

"Guilty," 30. ''Not guilty," 9 Absent by leave, 4

So the Chief Justice announced that two-thirds of the Senators having voted "guilty," the defendant stood convicted of the charges contained in article No. I4.
Article I 5 being read by the Secretary to the Senate, the voting thereon proceeded in due form.
Those who voted ''guilty" are, to-wit-Messrs.

Candler, Clarke,
Drake, Grantland,
Hamilton of the 14th,

Hamilton of the 21st, Harrison,
Holcombe, Russell,

Staten, Tison of the 4th,
Wellborn, MR. PRESIDENT.

Those who voted ''not guilty" are, to-wit-Messrs.

Boyd, Bower, B!'yan,
Cabaniss, Casey,
Clements, Clifton, Cumming, DuBose,

Duncan, Fain, Folks,
Grimes, Hawkins,
Head, Holton, Howell, Hudson,

Lumpkin, McDaniel, McLeod, Perry, Preston, Simmons, Troutman, Turner.

''Guilty," 13. "Not guilty," 26. Absent by leave 4

So the Chief Justice announced that two-thirds of the

SEPTEMBER 17, 1879

793

Senators not having voted ''guilty," the defendant was

acquitted of the charges contained in article No. 15.

Article 16 having been read to the Senate by the Secre-

tary, the vote thereon was taken in the prescribed form.

Those who voted "guilty" are, to-wit-Messrs.

Boyd,
Clarke, Drake,
Grantland,

Grimes,

Rnssell,

Hamilton of the 14th, Staten,

Hamilton of the 21st, Ti8on of the 4th.

Holcombe,

Those who voted ''not guilty" are, to-wit-Messrs.

Bower, Bryan, Cabaniss, Candler, Casey, Clements, Clifton, Cumming, DuBose, Duncan,

Fain, Folks, Harrison, Hawkins, Head, Holton, Howell, Hudson, Lumpkin,

McDaniel, McLeod, Perry, Preston, Simmons, Troutman, Turner, Wellborn, MR. PRESIDENT.

"Guilty," I 1. "Not guilty," 28. Absent by leave, 4

So the Chief Justice announced that two thirds of the

Senators not having voted "guilty," the defendant was

acquitted of the charges contained in article No. 16 Article No. 17 was read to the Senate by the Secretary.

Mr. Preston moved that the Court of Impeachment dis-

pense with a vote on this article, inasmuch as it was based

upon the preceding articles, and was but a summary thereof.

This motion was submitted to the Senate by the Chief

Justice, but did not prevail.

The voting was.then proceeded with in proper form on article No. 17.

Those who voted ''guilty" are, to-wit-Messrs.

Boyu, Candler, Clements,
Clifton, Drake, Duncan, Folks, Grantland,
Grimes, Hamilton of the 14th,

Hamilton of the 21st, Harrison, Hawkins,
Holcombe, Holton, Hu,Json, Lumpkin, McLeod,
Perry.

Preston, Russell, Simmons,
Staten, Tison of the 4th, Troutman, Turner Wellbo'rn,
Mn. PRESIDENT.

Those who voted "not guilty" are, to-wit-Messrs.

Bower,

Clarke,

Head,

Bryan,

Cumming,

Howell,

Cabaniss,

DuBose,

McDaniel.

Case,y,

Fain,

794

SENATE JOURNAL APPENDIX

"Guilty," _28. "~ot guilty," I I. Absent by leave, 4 So the Ch1ef J ustrce annou need that two-thirds of the Senators having voted "guilty," the defendant stood convicted of the charges contained in article No. 17.
l_"he High Court of Impeachment adjourned, on motion, until 10 o'clock, a. m., to-morrow, and the Chief Justice retired from the chair.

SENATE CHAMBER, } Atlanta, Ga., Thursday, September 18th, 1879
At the hour of 10 o'clock, a. m., the Senate, according to order, resumed its session as a High Court of Impeachment, the Honorable Hiram Warner, Chief Justice, presiding.
The Managers, on the part of the House, and the respondent, with his counsel, appeared in the Court.
The journal of yesterday's proceedings was read and approved.
Mr. Speer, who was absent by leave of the Senate, on account of personal indisposition, during the voting of Senators on certain of the articles of impeachment, asked the privilege of having his votes recorded as follows, to-wit:
On articles Nos. 10, 13, 14 and 17, "guilty." OnarticlesNos.9, 11, 12, 15_and 16, "not guilty." The request was unanimously granted by the Senate. Mr. Lumpkin offered the following, to-wit : "It is considered, ordered and adjudged by this Court: That the punishment of Washington L. Goldsmith, Comptroller-General, convicted of high crimes and misdemeanors in office, shall be removal from office, and disqualification, during life, to hold and enjoy any of-fice of honor, trust or profit within this State, and the sentence shall be pronounced by the presiding Justice, in proper terms, and an engrossed and certified copy of the judgment so pronounced shall be deposited in the office of the Secretary of State." Mr. Howell proposed to amend the foregoing by striking out the words ''and disqualification, during life, to hold and,.enjoy any office of honor, trust or profit within this State." Pending discussion of the foregoing proposition, counsd

SEPTEMBER 18, 1~79

795

for respondent asked the privilege ofbeing briefly heard by the Court.

This request was granted.

Mr. Holcombe moved that the Managers, also, be extended a corresponding privilege.

Pending this motion, the Court of Impeachment ad-

journed until 3,% o'clock, p. m., this day, and the Chief

Justice retired from the chair.



3:30 o'cLOCK, P. M.

The Senate, according to order, resumed its sessio!l as a High Court of Impeachment, the Honorable Hiram Warner, Chief Justice, presiding.

The Managers, on the part of the House of Representatives, and the respondent, with his counsel, appeared in the Court.

The motion of Mr. Holcombe to extend to the Managers, on the part of the House, a privilege corresponding to that granted to the respondent, was submitted to the Senate, but did not prevail.
Counsel for respondent declined to exercise the privilege

granted. The Court resumed consideration of the porposed or-
der of Mr. Lumpkin, and the amendment offered thereto by Mr. Howell.

On the question of agreeing to the amendment offered by Mr. Howell, the ayes and nays were recorded.
Those who voted in the affirmative are, to-wit-Messrs.

Boyd, Bryan, Cabaniss, Candler,
Casey,

Cumming, Head, Howell, Hudson,
McDaniel,

M<Leod, Preston,
Russell, Turner.

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

Bower, Clarke, Clements, Clifton,
Drake, DuBose, Duncan,
Fain, Folks,

Holcombe, Holton, Grantland, Grimes.
Hamilton of the 14th, Hamilton of the 21st, Harrison,
Hawkins,

Lumpkin, Perry, Simmons, Staten,
Tison of the 4th, Troutman, Wellborn,
MR. PRESIDENT.

Ayes, 14. Nays, 25. So the amendment was not agreed to.

SENATE JouRNAL APPE:NDIX

The order proposed by Mr. Lumpkin was then submitted

to the Senate.

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

Boyd, Bower, Bryan, Cabaniss, Candler, Casey, Clarke,
Clements, Clifton, Cumming,
Drake, DuBose, Duncan,

Fain,

Lumpkin,

Folks,

McDaniel.

Grantland,

McLeod,

Grinws,

Perry,

Hamilton of the 14th, Russell,

Hamilton of the 21st, Simmons,

Harrison,

Staten,

Hawldns,

Tison of the 4th,

Holcombe,

Troutman,

Holton,

Tnmer,

Howell,

Well born,

Hudson,

MR. PRESIDENT.

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

Head,

Preston.

Ayes, 37 Nays, 2. So the order was adopted.

The Court, on motion, adjourned until 10 o'clock, a. m.,

tomorrow, and the Chief Justice retired from the chair.

SENATE CHAMBER,

}

Atlanta, Ga., Fnday, September 19th, 1879

At IO o'clock, a. m., the Senate resumed its session as a High Court of Impeachment, the Hon. Hiram Warner, Chief Justice, presiding.

The Managers, on the part of the House of Representatives, and the respondent, with his counsel, appeared in Court.

The journal of yesterday's proceedings was read and approved.
Mr. Speer asked that his vote be recorded ''nay" on the amendment offered on yesterday to the order proposed by Mr. Lumpkin, he having been absent by reason of ill health at the time said vote was recorded. Also that his vote be recorded "aye" on the proposed order of Mr. Lumpkin, he having been absent at the time of taking the the vote on this proposition, likewise, for the reason as-

signed. The request of Mr. Speer was granted. The Chief Justice then inquired of respondent whether

797

he had MY reasons to offer why the sentence of the Court
should not now be pronounced, whereupon counsel for respondent made a statement in his behalf.
The Chief Justice then proceeded to pronounce the judgment of the Court, as follows:

HOUSE OF REPRESENTATIVES OF THE STATE

OF GEORGIA, IN THE NAME OF THEM-

SELVES AND OF -ALL THE PEOPLE OF SAID

STATE,

IMPEACHMENT.

VS.

WASHINGTON L. GoLDSMITH, CoMPTROLLER-

GENERAL

Whereas, It appears from the record of the trial had in the above stated case, now before the Court, that the defendant was found guilty of the charges contained in the Ist, 3d, 4th, sth, lOth, 13th, 14th and 17th Articles of Impeachment preferred against him by the House of Representatives, and was found not guilty of the charges contained in all of the other articles;

Whereupon, It is considered, ordered and adjudged by

the High Court of Impeachment of the State of Georgia,

now here, that the defendant, the said Washington L.

Goldsmith, Comptroiler-General of the said State of Geor-

gia, be, and he is hereby, removed from the said office of

Comptroller-General, and that the same be, and is hereby,

declared vacant; and that the said Washington L. Gold-

smith be, and is hereby, declared to be disqualified to hold

and enjoy any office of honor, trust or profit within the

State of Georgia during his natural life.

(Signed,)

HIRAM WARNER,

Chief Justice Supreme Court of Georgia.

19th September, I 879.

The following order, offered by Mr. Clarke, was read and agree to, to-wit:

Whereas, The journal of the proceedings of the Senate, sitting as a Court of Impeachment for the trial of W. L.
Goldsmith, Comptroller-General, has been read from day to day,

Ordered : That the further reading of said journal be dispensed with, except the proceedings of this, the last

SENAt'tt JouRNAL APPENDIX
day, shall be read before adjournment, and approved as per rule 28.
Mr. Lester, the President, offered the following, which was adopted, to-wit :
"The journal of the proceedings in this case, having been read and approved, it is ordered that this Court of Impeachment be now dissolved."
Read and approved this, the 19th day of September, 1879
HIRAM WARNER,
Chi'ef Justzce Supreme Court, Ga.
By virtue of the foregoing order, the Chief Justice declared the High Court of Impeachment dissolved, and retired from the chair.
The President resumed the chair, and announced: "The Senate is now in session for legislative purposes."

IMPEACHMENT TRIAL
OF
HON. JOHN W.RENFRO~
TREASURER OF THE STATE OF GEORGIA.
EXTRACT FROM SENATE JOURNAL FOR THURSDAY, SEPTEMBER
18, 1879. At the hour of 9:30 o'clock, a. m., the appearance of a committee of the House of Representatives, at the door of the Senate, was announced. The Doorkeeper was ordered, by the President, to admit the committee. The committee being received by the Senate, the Hon. Mr. Miller, Representative from the county of Houston, and chairman of the committee present in the Senate, ann"ounced that, "In the name of the House of Representatives, and of all the people of Georgia, they appeared, by direction of the House of Representatives, to charge John W. Renfroe, Treasurer of this State, with high crimes and misdemeanors, and that the House would, in due time, present formal Articles of Impeachment against the said John W. Renfroe, Treasurer," and demanded that the Senate should take proper order in the premises. The President announced, in reply: ''The Senate will take due order in the premises, of which the House will be duly t1otified." The Committee of the House of Representatives retired.
EXTRACT FROM THE JOURNAL OF THE SENATE FOR TUESDAY,
SEPTEMBER 23, 1879.
The House having, by its message of this day, signified its readiness to present Articles of Impeachment against John W. Renfroe, Treasurer of this State, the

800

SENATE JouRNAL APPENDIX

President instructed the Secretary, under the rules of ptd cedure, to inform the House that the Senate was ready to receive the Managers of the House of Representatives for that purpose.
The Secretary performed the duty assigned him. The members of the House of Representatives, preceded by the Speaker and Clerk of that body, were received by the Senate::. The Managers on the part of the House, through Mr. Cox, of the county of Troup, their chairman, signified their readiness to exhibit Articles of Impeachment against John 'vV. Renfroe, Treasurer of the State of Georgia. The President directed the Doorkeeper to make proclamation, according to order, in such cases provided. Whereupon the Doorkeeper made the following proclamation: "0 yez! 0 yez! All persons are commanded to keep silence, on pain of imprisonment, while the House of Representatives exhibits Articles of Impeachment against John W. Renfroe, Treasurer of this State." The Managers then read the Articles of Impeachment, as follows, to-wit:
ARTICLES ExHIBITED BY THE HousE OF REPRESENTATIVES
OF THE STATE OF GEORGIA, IN THE NAME OF THEMSELVES
AND IN THE NAME AND BEHALF OF ALL THE PEOPLE OF
GEoRGIA, AGAINST JoHN W. RENFROE, TREASURER oF
THE STATE OF GE< JRGIA, IN MAINTENANCE AND SUPPORT
OF THEIR IMPEACH MEXT AGAINST HIM FOR HIGH CRIMES
AND MISDEMEANORS I;:-{ OFFICE.
ARTICLE FIRST.
That said John 'vV. Renfroe, Treasurer of the State of Georgia, unmindful of the duties of his office, and of his oath of office, and contrary to the laws 6f said State, on the third day of July, in the year of our Lord 1878, in the city of Atlanta, in the county of Fulton, in said State of Georgia, did then and there corruptly and illegally, through the hands of one certain V. R. Tommey, receive from a certain bank, to-wit: The Georgia Banking and Trust Company, of Atlanta, Georgia, and appropriate to his own use, a certain fee, interest or reward, to wit: the sum of two hundred and fifty dollars, for the deposit in said bank of thirty thousand dullars, or other large sum, of the public

SEPTEMBER 2J, i879

Sot

funds of said State, from the first day of January until the first day of July of said year, I878; whereby the said John W. Renfroe, Treasurer as aforesaid, did then and there commit, and was guilty of a high misdemeanor in office.
ARTICLE SECOND.
That said John W. Renfroe, Treasurer of the State of Georgia, unmindful of the duties of his office, and of his oath of office, and of the laws of said State, on the first day of January, in the year of our Lord 1878, and on divers days after said day, at Atlanta, in Fulton county, in said State, did wrongfully, illegally, and for his own lucre and gain, receive and appropriate to his own use divers large sums of money from divers persons, banks and corporations, as fees, interest or reward, for the deposit and use of large portions of the public funds of said State with such persons, banks and corporations; such sums thus wrongfully, illegally and corruptly received and appropriated to his own use, aggregating five thousand and three hundred dollars, or other large sum, all of which is more particularly set forth in the several specifications hereinafter mentioned, that is to say :
Specification First.-In this, to wit: That in the city of Atlanta, in said county of Fulton, in said State of Georgia, the said John \V. Renfroe, Treasurer as aforesaid, did, on the Ist day of January, in the year I 878, and on divers other days between the said 1st day of January, 1878, and the 6th day of Novemher, I878, unlawfully and corruptly receive and appropriate to his own use divers large sums of money, as interest or reward, for the use and deposit of portions of the public funds of said State, which had theretofore been deposited by him, the said John W. Renfroe, Treasurer, with the Bank of the State of Georgia, located in said city of Atlanta, which said sums so received, as aforesaid, by said Treasurer were paid and delivered to him, said Treasurer, by and through one John W. Murphy, then and there being the clerk and one of the sureties on the official bond of said Treasurer, in the amounts and on the days following, to-wit: On January 1st, 1878, the sum of. ................ $176 II On February 1st, I878, the sum of................ 182 72 On March Ist, 1878, the sum of.. ................. . 165 17
On April 2d, 1878, the sum of. ............... 153 2$
51

8o2

On May 1st, 1878, the sum of.. ..................... On June 1st, 1878, the sum of.. ..................... On July Ist, 1878, the sum of...................... On August 1st, 1878, the sum of.................. . On September 1st, 1878, the sum of.. ............ . On October 1st, 1878, the sum of................. .
c.. November 1st, 1878, the sum of.. ............ .

129 ss
148 II 134 76
79 87 62 5I 56 82 38 85

Total. ............................................. $1, 328 02

Which said sums said John W. Renfroe, Treasurer as aforesaid, received and appropriated, as aforesaid, well knowing that the same were paid and delivered to him as fees, interest or reward for the deposit of portions of the r-ublic funds of said State with the said Bank of the State of Georgia.

Specification Second.-In this, to-wit: That in Atlanta, in said State and county of Fulton, on the 3d day of January, 1878, and on divers other days between said 3d day of January, 1878, and the 6th day of November, 1878, said John W. Renfroe, Treasurer of said State, did unlawfully and corruptly receive and appropriate to his own use divers large sums of money, as interest or reward for the use or deposit of portions of the public funds of said State; which had theretofore been deposited by him, said John W. Renfroe, Treasurer, with the Citizens' Bank of Atlanta,. Georgia, which sums so received by him as interest or reward, as aforesaid, were paid ar.d delivered by him, said!
Treasurer, by and through one John Vv. Murphy, the-n
and there the clerk and one of the sureties on the official bond of said Treasurer, upon the dates and in the amounts
following, to-wit:

January 3d, 1878....................................... . February 1st, 1878 .................................... .. March 2d, 1878 ........................................ .. April 2d, 1878......................................... . May 3d, 1878 .......................................... .. June 4th, 1878 ....................................... .. July zd, 1878 ............................................ . August 16th, 1878 ..................................... September 2d, 1878 ................................... . October 3d, 1878 ......................................

$163 79 196 53 183 41 234 85 203 12 260 62
275 98 ISO 82
104 70
102 40

SEPttMBER 23, I879

803

November 6th, 1878. ,............................. 78 95

Total. ................. ..................... $1,954 77

Specification Third.-In this, to-wit: That at Atlanta, in Fulton county, in said State, on the 5th day of January, 1878, and on divers days between said day and the 6th day of November, 1878, said John W. Renfroe, Treasurer as aforesaid, did unlawfully and corruptly receive and appropriate to his own use divers large sums of money, as interest or reward for the deposit or use of portions of public funds of said State, which had theretofore been deposited by said Treasurer with the Atlanta Savings Bank of Georgia, a bank located at Atlanta, Georgia, which sums so received by him as interest or reward, as aforesaid, were paic and delivered to said Treasurer by and through one John W. Murphy, then and there being the clerk and one of the sureties on the official bond of said Treasurer, in the amounts and on the days following, to wit:

January 5th, 1878....................................... February 2d, 1878..................... ............ ..... March 9th, 1878.............. ..... ......... ..... ...... AprJ 3d, 1878. ............... ...................... .... May 2d, 1878...... ...... .................... ......... ... June 5th, 1878. ............. ......... .................. July 2d, 1878. ......... ............. .................... August 6th, I8J8....................................... September 9th, I8JH................................... October 4th, 1878............ ...... ........... ........ November 6th, 1878....................................

$126 92 136 21
136 00 140 oo 109 97 140 82
133 15 89 70 89 70 85 53 47 91

Total............................................ $1,235 91
Specification Fourth.-In this, to-wit: That at Atlanta, in Fulton county, in said State, on the 10th day of January, and on divers other days between said date and the 19th of November, 1878, said John W. Renfroe, Treasurer as aforesaid, did unlawfully and corruptly receive and appropriate to his own use divers large sums of money, as interest or reward for the use and deposit of portions of the public funds of said State, which had theretofore been deposited by said Treasurer with a certain bank in Atlanta. Georgia, named and known as the Georgia Banking and Trust Company, which sums so received by him, as afore-

SENATE JOURNAL APPENDIX

said, were paid and delivered to him by and through one
V. R. Tommey, then and there being one of the sureties on the official bond of said Treasurer, and the President of sa.id hank, in the amounts and at the times following, toWlt:

January lOth, I 878 .................................... . February 18th, 1878 ................................... . February 15th, 1878................................... . April 15th, 1878 ....................................... .. May 15th, 1878......................................... . June 15th, 1878 ........................................ . July 3d, 1878............................................ July 15th, 1878 ......................................... . August 16th, 1878 .................................... .. September 7th, 1878 ................................. .. October 17th, 1878 .................... .~.............. . November 16th, 1878 ................................ ..

$250 00
I I4 40
119 ss
102 33 78 04
7633
250 00
45 00 13 58 8 88 4 81 IO 96

Aggregating a sum of.. ................... $I,o73 91
Whereby, said John W. Renfroe, Treasurer as aforesaid, did then and there commit, and was then and there guilty of a high misdemeanor in office.
ARTICLE THIRD.
That in January, I876, John W. Renfroe was, by the General Assembly of this State, elected Treasurer of said State. In January, 1877, he was re-elected Treasurer by the General Assembly for the full term of four years. Among the sureties who signed his official bond as Treasurer, in I876, were V. R. Tommey, B. J. Wilson, S. B.
Hoyt, R. H. Richards and J. W. Murphy. These same
gentlemen, with the exception of S. B. Hoyt and R. H. Richards, again signed the Treasurer's tlond after his election in 1877. Under the terms of the act of I 876, allowing the sureties on the Treasurer's bond to limit their liability, V. R. Tommey bound himself on the bond of 1876 for thirty thousand dollars, B. J. Wilson for thirty thousand dollars, S. B. Hoyt for thirty thousand dollars, R. H. Richards for thirty thousand dollars, and J. W. Murphy for five thousand dollars. On the bond of 1877, V. R. Tommey bound himself for sixty thousand dollars, B. J. Wilson for ten thousand dollars and J. W. Murphy for thirty thousand dollars. At the date of the execution of the

SEPTEMBER 23, 1879

sos

bond of 1876, Mr. Tommey was President and B. J. Wil-
son a director of the Georgia Banking and Trust Company, of Atlanta. Georgia, both also being large stockholders therein. S. B. Hoyt was President. and K H. Richards cashier of the Atlanta Savings Bank, and, together, they owned about one-half of the entire capital stock thereof. These four sureties signed the bond of 1876 upon the condition, assented to by the Treasurer, that they, or certain of them, should select particular banks in which the Treasurer should deposit the public money, or at least a large portion thereof. In pursuance of this agreement, the Georgia Banking and Trust Company, in which the Treasurer was already depositing, and the Atlanta Savings Bank, were selected by them, and the Treasurer proceeded to deposit therein large amounts of State funds. For the use of these deposits, the Georgia Banking and Trust Company paid on the average monthly balance a commission of five per cent. per annum, ,the
payment being made monthly to B J. Wilson, who paid
over to the Treasurer two per centum thereof, and divided
the remainder equally between himself and V. R Tommey.
This continued until the early part of 1877, when said Wilson withdrew from the arrangement, after which said bank paid V. R. Tommey, for the year 1877, the fixed sum of fifteen hundred dollars for the use of the State's deposits, and for the year 1878, the same per centage thereon as for 1876, these payments being made to V. R. Tommey, who paid over to the Treasurer one-third of the entire amount, except the last payment for I878, of which the Treasurer received no part.
For a like use of the public funds deposited therein, the
Atlanta Savings Bank, during the year I876, paid to B. J.
Wilson two per centum per annum on the average monthly balances as commissions or interest thereon, and this entire
amount so received by B. J. Wilson was by him paid over
to the Treasurer. This continued until the early part of 1877, when said "Wilson withdrew from the arrangement,
and a new agreement was made by the bank with J. W.
Murphy. As has been stated, said Murphy signed the Treasurer's bond in I876, binding himself for five thousand dollars; and again, in I877, binding hin:self for thirty thousand dollars. In February, I876, he was appointed by the Treasurer clerk in the Treasury, and that position

8o6

SENATE JouRNAL APPENDIX

he has held from that date continuously up to the present time. In the early part of 1877, said Murphy applied to the Treasurer to be allowed to make, with certain banks in Atlanta, an arrangement similar to that made by the other sureties with the banks already named. To this the Treasurer assented, and, with his permission, said Murphy contracted with the Citizen's Bank, the Bank of the State of Georgia, and the Atlanta Savings Bank, that they should pay him (Murphy) five per centum per annum on the average monthly balance of the public deposits, said Murphy agreeing, on his part, that the Treasurer should deposit large sums of the public money in said banks. These pay ments, as commissions or interest for the use of the State's funds, were all made to said Murphy, and one-half of the entire amount received was by him paid over to the Treasurer. Under the arrangements above detailed the four banks named have paid to the Treasurer and three of his sureties the large sum of twenty-two thousand one hundred and ninety-eight dollars and sixty-five cents for use of the public money deposited with them. Of this amount, the Treasurer has received for his share the sum of ten thousand three hundred and fifty-eight dollar5 and eighty-one cents, the remainder having been received by the three
sureties, as follows: B. J. Wilson receiving six hundred
and fifty-one dollars and forty-one cents; V. R. Tommey receiving four thousand five hundred and eighty-two dollars and eleven cents; and J. W. Murphy receiving six thousand six hundred and seven dollars and thirty-two cents. Of the amount received by the Treasurer, five thousand and fifty-eight dollars and nineteen cents was paid to him prior to December 5th, 1877, and five thousand three hundreJ dollars and sixty-two cents was paid subsequently to that date. This money was received by the Treasurer for his individual benefit, and converted to his own use, with the full knowledge on his part that it was paid by these banks for the use of the funds of the ~tate deposited with them by him. All of which aforementioned bargains, combinations and actings on the part of said Treasurer were corrupt, illegal and hazardous to the Treasury of said State.
Whereby, the said John W. Renfroe, Treasurer aforesaid, did then and there commit, and was then and there
guilty of a high misdemeanor in office.

SEPTEMBER 23, 1879-
ARTICLE FOURTH.
That the said John W. Renfroe, Treasurer of said State, unmindful of the duties of his office, and of his oath of office, and in violation of the Constitution and laws of said State, did, at the city of Atlanta, in the county of Fulton, in said State, and on the second day of February, in the year of our Lord one thousand eight hundred and seventyeight, under color of his said office, illegally, wilfully and corruptly charge, demand and receive from one A. K. Childs, President of the Northeastern Railroad Company, and from one R. L. Moss, Treasurer of said railroad company, for the performance by him, the said John W. Renfroe, Treasurer, of an official act incide;;t to his said office, and incumbent upon him as Treasurer,aforesaid, by the laws of said State, the aggregate sum of two hundred and fortyseven dollars: That is to say, for affixiDg his official signature as Treasurer aforesaid, to the coupons attached and belonging to five hundred and twenty bonds issued by the said Northeastern Railroad l.ompany, anc1 endorsed by the Governor of said State, said bonds being numbered from one to five hundred and twenty, inclusive, and the principal of said bonds being payable at the agency of said railroad company, in the city of New York, on the first day of May, in the year one thousand eight hundred and ninetysix, to ~ach of which said bonds were attached thirty-seven coupons, to each of which said coupons the said John W. Renfroe, Treasurer, had, prior to said second day of, February, 1878, and between the 19th day of January and the second day of February, in said year, affixed his official signature, as Treasurer, aforesaid ; for which said official act, incumbent upon and required of him as such Treasurer,
by the laws of said State, he, the said John Vv. Renfroe,
Treasurer, afore'3aid, did, on the said second day of February, in the year 1878, in the manner aforesaid, wilfully, unlawfully and corruptly charge, demand and receive from the said A. K. Childs, President, and the said R. L. Moss, Treasurer of said railroad company, said aggregate sum of two hundred and forty-seven dollars, which said sum of two hundred and forty-seven dollars so charged, demanded and received from the President and Treasurer of said railroad company, in the manner and on the day aforesaid, he, the said John W. Henfroe, Treasurer of said State, did th~n and there wilfully, unlawfully and corruptly keep, retain

8o8

SENATE JOURNAL APPENDIX

and convert to his own use. Whereby, the said John W. Renfroe, Treasurer aforesaid, did then and there commit, and was,.then,..and there guilty of a high misdemeanor in office.
ARTICLE FIFTH.
That the said John W. Renfroe, Treasurer of the State of Georgia, on the 15th day of May, 187g, and on divers other days during said year of 1879, in the county of Richmond, and State of Georgia, unmindful of the duties of his office, did wrongfully and corruptly propose to E. P. Alexander, President of the Georgia Railroad and Banking Compan)', to deposit with said Railroad and Banking Company of the State's Junds, to be taken from the Treasury of the State, large sums of money, varying from
$50,000.00 to $wo,ooo.oo, to remain continuously on de-
posit with said Railroad and Banking Company, upon the condition and in consideration that the said E. P. Alexander, President as aforesaid, should appoint to some position of employment and profit one T. J. Pritchett, thereby contriving and attempting to use portions of the public funds in his keeping, as said Treasurer, to accomplish his own private purposes and designs. vVhereby, the said John W. Renfroe, Treasurer, as aforesaid, did then and there commit, and was guilty of a high misdemeanor in office.
ARTICLE SIXTH.
That the said John W. Renfroe, Treasurer as aforesaid, by the proceedings and conduct set forth in the foregoing articles and specifications, contrary to the high and important trust confided to him as Treasurer, as aforesaid, has, for the "ake of lucre and gain, anq his own personal aggrandizement, been disgracefully instrumental in establishing a precedent subversive of the good faith which ought to be found in the actings and doings of all persons to whom the great concerns of this State, and of the good people thereof, may be hereafter confided. Whereby, said John W. Renfroe, Treasurer as aforesaid, has committed, and is guilty of a high misdemeanor in office.
And the said House of Representatives, by protestation, reserves the liberty of exhibiting, at any tinie hereafter, any other accusation or impeachment of said John W. Renr oe, Treasurer as aforesaid, and also of replying to any

SEPTEMBER 25, 1879
answer that he, said Treasurer, shall make thereto ; and of offering proof of the premises, and of any other impeachment or accusation that shall be, by said House of Representatives, exhibited against said John W. Renfroe, Treasurer as aforesaid, and they pray that said John W. Renfroe, said Treasurer of the State of 'Georgia, may be put to answer all and every of said articles, and the specifications thereof, and that such proceedings, trial and judgment may be had as may be agreeable to law and justice.
Read and adopted in House, September 22d, 1879. A. 0. BACON,
Speaker oj t!ze House of Representatives. HENRY R. GoETCHrus,
Clerk oj tlze House oj Representatives.
The President responded: "The Senate will take proper order on the subject of this impeachment, of which the House of Representatives will have notice." The Speaker, members and Managers of the House of Representatives then retired from the Senate. The following resolution, offered by Mr. McDaniel, was adopted: "Resolved, That the Senate shall be organized as the High Court of Impeachment of the State of Georgia for
the trial of John vV. Renfroe, Treasurer, upon the Articles
of Impeachment exhibited against him by the House of RepresentativeS, on Thursday, the 25th instant, at IO o'clock, a. m., and that the Secretary notify the House of Representatives, and the Honorable Hiram Warner, Chief Justice of the Supreme Court, accordingly; and that the Secretary issue for the defendant an original and copy summons, as p~ovided in the Hules of Procedure adopted by the Senate for trials in cases of impeachment, which shall be served upon the defendant by the Messenger at least one day before the time appointed for the trial."
SENATE CHAMBEH, } Atlanta, Ga., Tlzursday, September 25th, 1879.
At the hour of IO o'clock, a. m., the President announced: ''The time for that purpose having arrived, the Senate will now be organized as a Court of Impeachment

Sro

SENATE JouRNAL APPENDIX

for the trial cf John W. Renfroe, Treasurer of the State of Georgia."
The Chief Justice of the Supreme Court of Georgia, the Honorable Hiram Warner, was received by the Senate,. attended by the committee of the Senate, and accompanied by the Hon. James Jackson, Associate Justice of the Supreme Court of this State.
The President announced: ''The Chief Justice will now, according to order, take the oath prescribed in the Rules of Procedure."
The oath was administered by the Hon. James Jackson, as follows, to-wit :
'You do solemnly swear that, in all things appertaining to the trial of the impeachment of John W. Renfroe, now pending, you will do impartial justice, according to the Constitution and laws of this State; so help you God."
The President then .retired from the chair, which was assumed by the Honorable Hiram \Varner, Chief J ustice who said: "Senators, I am again present, in obedience to the Constitution and laws of Georgia, to join you in a Court of Impeachment for the trial of Articles of Impeachment preferred by the House of Representat!>es against John W. Renfroe, Treasurer of the State."
The Chief Justice then administered the, prescribed n:1th to the following Senators, viz: Messrs. Boyd, Bower, Bryan, Cabaniss, Candler, Casey, Clarke, Clements, Clifton, CummiQg, Drake, DuBose, Duncan, Fain, Folks, Grantland, Grimes, Hamilton of the J 4th, Hamilton of the 2 rst, Harrison, Hawkins, Heau, Hodges, Holcombe, Holton, Howell, Hudson, Lumpkin, McDaniel, McLeod, Perry, Preston,. Russell, Simmons, Speer, Staten, Stephens, Tison of the 4th, Tison of the roth, Troutman, Turner, Wellborn, and the President, Mr. Lester.
The Managers on the part of the House of Representatives appeared at the bar of the Court.
In response to an inquiry by the Chief Justice as to service of respondent, the Secretary produced and read the fQllowillg original summons, with the endorsement of service, to-wit:

SEPTEMBER 25, 1879

8II

THE STATE OF GEORGIA, ss., The Senate of Georgia to John W. Renj1-oe, Treasurer of
Georgia, greeting:
Whereas, The House of Representatives of this State, on the 23d day of September, 1879, exhibited to the Senate articles of impeachment against you, the said State Treasurer (a copy of\\ hich articles is herewith furnished you), and demands that you should be put to answer the accusations as set forth in said articles.
You are, therefore, hereby summoned to appear before the Senate of Georgia, at their chamber, in the city of Atlanta, on the 25th day of September, at the hour of 10 o'clock, a. m., then and there to answer to said articles of impeachment, and to abide by, obey and perform such orders, directions and judgments as the Senate of Georgia shall make in the premises, according to the Constitution and laws of said State.
Herein fail not.
Witness His Honor HIRAM WARNER,
Chief Justice of tlze Supreme Cotttt. RuFus E. LESTER,
President of the Senate of Georgia. This 23d day of September, I879
WM. AuG. T. HARRis, Secretary of the Senate of the State of Georgia.

Served the defendant, John W. Renfroe, State Treas-

urer of Georgia, personally, with a copy of the within

summons, and also with a copy of the articles and specifi-

cations of impeachment exhibited by the House of Repre-

sentatives against the said John \V. Renfroe, State Treas-

urer.

A. J. CAMERON,

Messenger of the Smate.

This September 23d. 1879.

The Chief Justice then directed that the respondent be requested to come into Court.
This duty having been performed, the respondent, ac companied by his counsel, appeared at the bar of the Court, General Henry R. Jackson, of the city of Savannah, and Messrs. Jackson and Lumpkin, of Atlanta, being announced as counsel in his behalf.

8r2

SENATE jOURNAL APPENDIX

T~e Managers, in response to an inquiry of the Chie
Justtce, announced ready to proceed with the trial.
Respondent waived arraignment and reading of the arti-_ des of impeachment, and plead not guilty, by the following, to-wit :

THE HousE OF REPRESENTATIVEs AND ALL} THE PEOPLE OF GEORGIA,
vs.
}OHN w. RENFROE, TREASURER.

And now comes J. W. Renfroe, Treasurer, and waives arraignment, and the reading of the articles of impeachment on arraignment, and pleads not guilty.

(Signed)

J. W. RENFROE.

The Chief Justice inquired of the respondent whether he was ready to proceed with the trial, when, by his counsel, he announced ready, and presented to the Court the following answer to the several articles of impeachment, to-wit:

THE ANSWER OF THE SAID J. W. RENFROE, TREASURER OF THE STATE OF GEORGIA, TO THE ARTICLES OF IMPEACHMENT ExHIBITED AGAINST HrM BY THE HousE oF REPRESENTATIVES OF SAID STATE.
This respondent, saving to himself, now and at all times hereafter, all benefit of exception to the insufficiency of the said articles, and each of them, and to the defects therein appearing in point of law or otherwise, submits the following facts and observations by way of answer to the same:
In answer to articles first, second and third, this respondent says that he did receive during the years mentioned therein sums of money from the banks in which he had made deposits, as Treasurer, of funds belonging to the State of Georgia. The suggestion that he should take such money came from the sureties on his official bond, who said to him that the banks would pay them for having the deposits turned into the said banks; and being on respondent's official bond, they claimed a right to be heard in suggesting the banks in which such deposits should be made, provided this should not be in conflict with any law of the State. They did not request respondent to violate any law for the purpose of making any deposit whatsoever. Respondent's answer to them was that if such proceeding

SEPTEMBER 25, 1879.

813

was in violation of no law, he had no objection to give to the deposits the direction they wished. Before any action at all had been taken in response to this proposition, respondent gave close examination to the law to ascertain whether the receipt by his sureties, or by himself, of such money from the banks would be in contravention of any existing law. This was in the early part of the year 1876, and, of course, prior to the adoption of the present Constitution. The only law which the respondent could find bearing upon the subject was that section of the Code which provides that "He (the Treasurer) shall not, under any circumstances, use himself, or allow others to use, the funds of the State in his hands; and for every violation of this section he is liable to the State for the sum of five hundred dollars as a penalty, or the forfeiture of his salary, if said forfeiture will pay the penalty incurred." It is altogether clear that if the funds of the State already deposited in a bank are to be considered as stdl in the hands of the Treasurer, any use of them by the bank would be in direct violation of this law; but it was notorious that so soon as money of the State was deposited in a bank the bank was in the habit of using such funds in its ordinary business, precisely as it ustd the funds of private depositors. Nay, it is clear that this use of the lund deposited is the consideration received by the banks for taking the money and assuming the responsibility of paying it back, upon the Treasurer's check, whenever the money is needed. It follows, therefore, that so soon as the fund be deposited it has passed from the hands of the Treasurer; nay, it has ceased to be money belonging to the State, and has become money belonging to the bank, the property right of the State being changed into a claim against the bank to be paid the same sum of money when it shall be called for by check.

Looking to the reason of this statutory provision, It IS to be found in the danger of loss which would be incurred by the State were the Treasurer to use himself or allow any other party than a corporated bank, selected by himself: with the approval of the Governor, to use funds belonging to the State. If, therefore, this law is to be applied to banks, or to money already on deposit in banks, it would follow that the only deposits which can be made by the

814

SENATE jOURNAL APPENDiX

T reasuret would be special deposits, for the safety of which no bank would make itself responsible.
\Vith reference to the receipts by respondent of a portion of the gratuity allowed by the banks to his sureties, in consideration of the direction given through their instrumentality to the deposits of these fund<>, respondent might have encountered serious difficulty had it not so happened that he was a member of the General-Assembly in the year I 87I, and knew that the provisions of the Code, to which reference has been made, came up for consideration before that body, and received what must be regarded as a legislative construction. Suits had been commenced against N. L. Angier, then Treasurer of the State, to recover the penalties therein prescribed, upon the grcund that he had received such gratuity on deposits to the amount of $J,OOO or $8,ooo. A resolution was introduced by Hon. Thomas J. Simmons, afterward, President of the Senate, and now a Judge of the Superior Court of this State, as follows, page 258:
"Whereas, it has not been:customary to require the State Treasurer to pay into the Treasury interest on deposits of State funds,
"Be t resolved, That the Treasurer of the Statf' shall not be liable for any such interest, and
''Be it further resolved, That the suits now pending against the present Treasurer, involving such interest, under the provisions of section 86th, paragraph 8th, oflrwin's Revised Code, be discontinued, and that the Attorney-General is hereby instructed to dismiss said suits.
"Approved December 8th, I 87 I." This resolution was passed by a unanimous vote of the Senate, and also having been taken up in the House, on motion of Hon. George F. Pierce, Jr., was unanimously concurred in. All deposits of funds of the State were made by respondent in his official name, and all the requisitions of the law in regard to such deposits were complied with, nor was any arrangement made for the use of such funds by the bank, otherwise than in accordance with the ordinary custom of banks. This practice of receiving this gratuity from the banks in which deposits were made, was continued until soon after the first session of the General Assembly, under the Constitution of 1877, which convened on the first

SEPTEMBER 2$, tS79

8Js

.

I

Wednesday in November, 187.9 Respol".dent then put a

stop to it, for the following reasons: He was informed by

the Hon. John I. Hall, then and now a member of the

House of Representative, that he was about to present a

bill to the House, making it a penal offence, not simply in

any one to receive, but even in the banks to pay any such

gratuity. Then, for the first time, respondent learned that

there were provisions in the Constitution of 1877 relating

to the matters under consideration. Information to that

effect, respondent received for the first time from Judge

Hall, when he exhibited to respondent the bill which he

proposed to present. Respondent immediately examined

the Constitut:on for himself, and supposed that he had

found in paragraph I, section 9, article 7, the provision in

question. Nor was it until the middle of August, 1879,

when respondent's attention was directed to paragraph 5.

section 2, article 5, of the Constitutif'Jn, did he know of

the existence of this latter provision. Respondent had,

unfortunately, assumed that the details of his official duties

were and must be regulated by law made in accordance

with the Constitution, and not by the Constitution itself;

and while respondent is still advised that the provision of

the Constitution, to which reference has just been made,

did contemplate legislative action to give them effective

operation, nevertheless, bad he known of their existence

at any time previous to the date of his conversation with

Judge Hall, he would undoubtedly have adopted the same

course of action at such earlier date, and would thus have

been relieved from the mortifying necessity of making this

explanation.

This respondent, anxious to expedite the cause, and to

relieve the prosecution from the necessity of producing

witnesses to establish facts which are true; but, above all,

desiring to withhold nothing whatever that may cast light

upon his official conduct, admits to be correct the following

allegations contained in the Articles of Impeachment:

ARTICLE FIRST.

That on July 3, 1878, respondent received, through the hands of V. R. Tommey, from the Georgia Banking and Trust Company, of Atlanta, the sum of $250, and did appropriate the same to his own use ; the inducement for the payment of this sum by the bank to the sureties upon re.

SENATE jouRNAL APPENDi~
spondent's official bond, being the deposit of funds of the State in that bank. But this respondent denies that, in receiving this money, he acted corruptly, or was unmindful of the duties of his office, or of his oath of office, or knew that such receipt was contrary to the laws of the Constitution of the State, and now pleads not guilty of the charge of high misdemeanor contained in the same.
ARTICLE SECOND.
1. The respondent admits that, on January I, I 878, and on divers other times intermediate that date and the 6th of November following. he did receive and appropriate to his own use divers sums of money, in manner and form as already set out in this answl':'r, from the Bank of the State of Georgia, located in the city of Atlanta, and that these sums were delivered to him through John W. Murphy, as charged in the first specification of the above stated article. To avoid the necessity of introducing testimony, and for the purpose of this impeachtnent only, respondent also admits the correctness of the figures as set out in the said specification.
2. Respondent admits that, on January 3, 1878, and on divers days intermediate that day and November 6th, 1878, he did receive and appropriate to his own use other sums of money, in manner and form as hereinbefore set out, from the Citizens' Bank of Atlanta, through the said John W. Murphy; and also admits, for the purposes of this impeachment, and for no other purposes whatsover, the correctness ofthe amounts of such moneys as set out by figures in said second specification.
3 Respondent admits, that on January 5th, 1878, and at other dates intermediate said day and November 6th following, he did receive and appropriate to his own use other sums of money, in manner and form as hereinbef01e stated, from the Atlanta S<1vings Bank of Georgia, and paid to him through the said John \N. Murphy; and also admits, but for the purposes of this impeachment only, correctness of the figures showing the amounts of said moneys as set out in said third specificati,)n,
4 Respondent admits that the said John W. Murphy, mentioned in the foregoing specification, was, at the time mentioned, the clerk of this respondent as Treasurer, and one of the sureties on his official bond.

5EPTEMl3Ea 2 5, I 879
5 Respondent admits that on January roth, 1878, and on other days, between said date and the 16th of November following, he received, and appropriated to his own use, other sums of money, in manner and form aforesaid, from the Georgia Banking and Trust Company, paid to him by and through V. R. Tommey, who was one of the sureties on the official bond of respondent, and was President of said bank. And, again, respondent admits, but for the purposes of this case only, the correctness of the figures, which give the amounts of said moneys in said specifications set forth.
But this respondent denies that in any of his acts, as set out in this article 2d, or either of its specifications, he was unmindful of the duties of his office, or of his oath of office, or of the laws of said State; but, on the contrary, this respondent avers that in pursuance of his understanding of the law of the State, as set forth in his general answer to the preceding articles, he acted under the conviction that he was entitled by the custom of his office, and under the legislative construction of the laws appertaining thereto, to receive and appropriate to his own use the moneys specifically referred to in the said pleadings.
He denies and repels all allegations of corruption, and pleads not guilty of the.high misdemeanor charged in this second Article of Impeachment.
ARTICLE THIRD.
Respondent admits the correctness of the allegations in article 3d, so far as they recite facts connected with his election to the position of Treasurer of the State of .Georgia, and to the signature by the sureties upon his official bonds, and the limitations and modifications of their respectives liabilities. He further admits the official positions in the banks named therein of some of the sureties as set forth in said article, and that in view of the fact that said sureties had bound themselves and fixed a lien upon their property to a very large amount, thereby securing the State from any risk of pecuniary loss through him, this respondent did recognize the right, which they claimed, to be heard in the selection of the particular banks in which this respondent should deposit the public money. But this respondent denies that the moneys received by the sureties from the said banks were paid for the use of the State's
53

8!8

SENATE JouRNAL APPENDIX

funds in the hands of this def~ndant, as was unlawlul under

the provisions of the Code which have been heretofore

considered, and reiterates that no other use was made by

said banks of said deposits beyond the customary u!>e by

.all banks of moneys so deposited as to fix unqualified re-

sponsibilty upon them for the safety and return, when

needed, of the funds. That the said sureties, and this re-

spondent through them, did receive from the banks such

moneys as are again referred to by this article, has already

been admitted by respondent, and for the purpose ot this

impeachment only, he has also admitted the amounts as set

out in the previous article, of which article 3d seems, in

this respect, to be but a repetition.



And he now admits further the truth of all other allega-

tions of fact contained in article 3d, which are not already

admitted in this answer, with the qualification that the

Georgia Banking and Trust Company had been selected

by the Comptroller-General, then acting Treasurer, as a

bank of deposit for the public money prior to the com-

mencement of his first official term, and upon taking

charge of the Treasury this repondent found the bulk of

the State funds, amounting to more than$ I 30,000.00. there

deposited.

But this respondent denies that any of the so-called bar-

gains, combinations and actings w.ere, on his part, corrupt;

nor did he believe, in his ignorance of the constitutional

provisions, to which repeated reference has already been

made, that such arrangements as did !"ccure for him a

pecuniary allowance, resulting from the selection of banks

Df deposit, was illegal, or, in view of the custom of his

office and the legislative construction of the law applicable

thereto, as inconsistent with his faithful discharge of public

duty, and he now pleads not guilty to the high misdemeanor

charged against him in article 3d.

ARTICLE FOURTH.
This respondent admits that on the 2d of February, 1878, he did receive from A. K. Childs, President of the Northeastern Railroad Company, and from R. L. Moss, Treasurer of said company, the sum of $247 for labor in affixing his official signature as Treasurer to the coupons attached and belonging to the bonds of said company, mentioned in said article. Said money was received under the

following circumstances: The coupons had been previously signed by respondent, and the bonds had been delivered to the Governor, in whose possession they were found by the said officers of the company, with the coupons so already endorsed. After the Governor had affixed his signature to the bonds, and had delivered them to the said officers, they, of their own motion, came to this respondent for the purpose of paying him the amount which might be due tor the work he bad done. Respondent, to whom these gentlemen were entire strangers, naturally connected their visit with a previous letter received by him from John Calvin J obnson, Secretary and Treasurer, under date, "Athens, Ga., Xovembcr 3d, 1876," addressed to "]. \V. Renfroe, Trea:,urcr, State of Georgia," of which the following is a copy:

"OFFicE oF THE NoRT-HEAsTERN RA,ILROAD Co., }

ATHENS, GA., Nm. 3, 1876.

''Ho11. J vV. Roifroc, Treasurer State of Georgia :

''DEAR SrR-You will receive to-morrow the first mort-

gage bonds of our Company (520 in number) by expre8s,

now ready for the signature of the State officers.

"As yours is the herculean job, pardon me if I respect-

fully request that the coupons be signed at an early a date

as your convenience will permit, for many reasons vital to

the interest of our company.

'Your fees for this service will be paid at the proper

time.

Yours, respectfully,

"joHN CALVIN joHNSON,
''Secretmy and Treasurer.''

No other motive whatever could be conceived for this visit to respondent, except to ascertain the fees which, in the language of the letter, were to be paid to respondent at the proper time, and to make settlement of the same. Respondent denies that he charged or demanded payment of said fees, or of any fees from said company; they had been tendered to him in the said note of November 3d. And as the said bonds were not bond~ of the State of Georgia, the signing of which would fall within the strict official duty of re5pondent, and as the labor of signing the coupo11s was necessarily done at times when respondent was relieved from the regular labors of his office, it did not seem inequitable or improper that the company should pay him

820

SENATE JouRNAL APPENDix

a reasonable remuneration for the service rendered to it, at
the special-request of its representatives. In reply to the inquiry made by the said officers as to the amount of his charge, respondent said there could be no charge unless they paid him the amounts which had been allowed to his predecessors for signing the coupons of the State. As indicating the custom which had prevailed in regard to this matter in respondent's office, he here begs to refer to the following law:
Laws of I 860, page I g, section 29 : ''And be t further
enacted, That John Jon~s, the Treasurer, be, and he is
hereby, allowed the rate of 1 ~ cents, extra pay, for every bond and every coupon attached, which he has filled up, and which he may be required to fill up, issued by any authority of any law heretofore passed, or may be passed during the present session, and that the Governor draw his warrant on the Treasurer for the amount of the same."
In this connection this respondent begs to refer also to the general appropriation act of December I 3th, I862, which allowed to the Comptroller General the ''sum of $I ,ooo.oo for extra services in signing Treasury notes, in the months of March, April and May last, and for superintending the issue of Treasury notes." As the act of 1826 had provided that the Treasurer should ''receive no perquisites for any official act, but the fees prescribed shall be collected by him and paid into the State Treasury," and had made the same provision in pre.:isely the same language as regarded the Comptroller-General, and that act was still in full force on the statute book, it seemed clear that the perquisites referred to therein were for strictly official acts as contra-distinguished from the act signing a bond or a coupon; that for such extra official labor not compensated in the contemplation of the Legislature by the official salary of either Treasurer or Comptroller, the one or the other was fairly entitled to a quantum mentit.
In the case of the bonds and coupons in question, if respondent was to be paid neither by the State nor the railroad company for the extra labor he had been called upon to perform, then a distinction would have been drawn against him which could not be regarded as fair, and inasmuch as to take the money actually tendered by the officers of the company to him would be to relieve the State, which, through the Governor, had ordered the signature of

SEPTEMBER 25, 1879.

821

the coupons, from all pecuniary liability therefor; and, inasmuch as the company making the bonds was to receive the benefit of the signature, respnndent could see no im propriety, nor does he now see any impropriety, in his receiving the amount ten9ered to him.
Upon the same grounds, respondent has made charges against the State for similar service, which he had thus been led to consider as extra official. These charges, rea sonable and just as they are, remain unpaid to the amount
of I U cents upon coupons amounting in the aggregate to
about one hundred and two thousand four hundred and seventy-two. This respondent, therefore, denies that in the transaction referred to in the said article fourth he was unmindful of the duties of his office, or of his oath of office, or in anywise violated the Constitution or laws of the State of Georgia, or acted corruptly; and he now says that he is not guilty of high misdemeanor in office, as charged therein.~
ARTICLE FIFTH.
This respondent admits that in the month of May, 1879, and in the county of Richmond, he did make application to Gen. E. P. Alexander, President of the Georgia Rail
road and Banking Company, in behalf of Mr. T. J.
Prichett, for some position in the employment of that company, and did say to Gen. Alexander, in support of this application, that from $5o,ooo to $roo,ooo of the public money would be deposited there by the Tax Collector of Richmond County, and would be left there until required for the purpose of paying the coupons of the State as they matured. The money so collected in Richmond county amounts to about $8o,ooo per annum. This bank was already a depository of the public funds at the date of this conversation, and as respondent said to Gen. Alexander himself, at the time referred to, he (respondent) considered said bank one of the safest and strongest in the State, with the largest capital.
Respondent denies that in the transactions set out in this article he was unmindful of the duties of his office, or that they involved the slightest sacrifice of the interests of the State in his hands, or that he acted wrongfully or corruptly in the premises. Such was the view taken of them at the time by Gen. Alexander himself, as will appear from the

822

SENATE JOURNAL APPENDIX

language of the following letter, which respondent prays may be regarded as part of his answer:

''GEORGIA RAILROAD ANU BANKING COMPANY,}

PRESIDENT's OFFICE,

AuGGSTA, GA., August 3 I, I 879.

'' Hon. f. T. Renfroe, Treasurer:

"DEAR SIR-You inform me that I am recorded as hav-

ing said that I 'understood' that the sole object of your

visit to Augusta was to make me the proposition about

which I testified. The fact is. and I think I so sta:ted it in

giving my testimony, that I understood this not from any-

thing that you said to me in person, but from a remark to

that effect from some o.ther person (Col. C. H. Phinizy, I

think, but am not sure). You are authorized to request

this addition to be made to my recorded answer to the

question on this head, if you desire. Dou'btless men1bers

of the committee will recall my saying as much at the

time. In this connection also, it is but just to you that I

should,state one fact not directly drawn out in my testimony,

though it is implied. A considerable amount of State

funds had been on deposit in our bank for some months

before your_ interview with me, and remained for some

time afterward, and a small amount still remains. No re-

quest was ever made by you, or by any one else, that any

interest or commissions should be allowed you or any one

else on these deposits. Nor did I think that your request

to have a railroad position given Mr. Pritchett involved the

slightest breach of duty, or sacrifice of the interests of the

State in your hands. I think our bank is generally recog-

nized as the strongest and safest bank in the State, and

your predecessor always kept with us all the State's money

collected in thi~ section of the country. The Treasurer is

obliged to ha've dealing-> with some bank in every large

city in the State, and as the State is, itself, a stockholder

in this company. the most captious could hardly object to

our being the one selected in this city.



"Very respectfully, yours,

''E. P. ALEXANUE!{,

"President."

And this respondent san; that he is not guilty of the high mi~demeanor ch:trged against him in article 5th.

823

ARTICLE SIXTH.

In answer to the last Article of Impeachment, this re-

spondent denies that for the sake of lucre and gain, and his own personal aggrandizement, he h~s been disgracefully

instrumental in establishing a precedent subversive of the

good faith which ought to be found in the actings arid do-

ings of all persons to whom the great concerns of this

State, and the good people thereof, may be hereafter con-

fided. But, on the contrary, this respondent has already

challenged, and will still continue to challenge, the most

thorough investigation into the affairs of his office, and

into his entire official conduct ; and claims that he has been

ever true and faithful to the duties imposed upon him by

his official position ; has given to the service of Georgia

and her good people his most strenuous efforts, and has

achieved results of great benefit to the State, and for which

he is justly entitled to credit. Strong in the conviction

that these facts are well known to the good people of

Georgia; will not be denied by any fair-minded man ; and

constitute a treasure uf which no human power can deprive

him, this respondent concludes by asserting and reiterating

his innocence of all the high misdemeanors in office

charged against him in the foregoing Articles of Impeach-

ment.
J HENRY R. ACKSOK,

]. vv. RENFROE,

JAcKsON & LmrPKIN,

Respondent's Solicitors.

S'L\TE OF GEORGIA, }
Cm:KTY oF FuLTON.

Personally appeared before me, J. W. Renfroe. who, be

ing duly sworn, deposes and says that all the facts, in

manners and form as set out in the foregoing answer, are

true.

]. W. RENFROE.

Swor~ to and subscribed before me this September 25th,

1879

c. H.

LEONARD,

Notary Public.

The Chief Justice then inquired of the Managers, on the part of the House of Representatives, \\hether they de-

SENATE JOURNAL APPENDIX
sired to offer any replication to the answer of the respondent.
Mr. Cox, on the part of the Managers, asked that they be served with a copy of the answer of the respondent, and that a reasonable time be allowed them for its consideration.
Whereupon, on motion of Mr. Holcombe, the High Court of Impeachment adjourned until 10 o'clock, a. m., to"morrow, and the Chief Justice retired from the chair.
The President resumed the chair and announced: 'The Senate is now in session for legislative purposes."
SENATE CHAMBER, } Atlanta, Ga., Fn"day, September 26th, 1879
At 10 o'clock, a. m., the Senate resumed its session as a High Court of Impeachment, the Hon. Hiram Warner, Chief Justice, presiding.
The Managers on the part of the House of Representatives, and the respondent, with his counsel, were present in the Court.
The journal of yesterday's proceedings was read and approved.
The Managers, by their chairman, Mr. Cox, presented to the Court the following replication, which was read and ordered to be filed, to-wit :
in the House of Representatives of the State of Georgz'a, September 26th, 1879:
Replication by the House of Repsentatives of the State of Georgia to the answer of John W Renfroe, Treasurer of said State, to the several Articles of Impeachment against him, by them exhibited, in the name of themselves, and in the name and behalf of all the people of Georgia, and reserving to themselves all advantage of exceptions to the insufficiency of his said answer to each and all of the several artices aforesaid, do deny each and every averment in said answer or answers which denies or traverses the acts, intents or misdemeanors charged against said John W. Renfroe, Treasurer, in the said Articles of Impeachment, or either of them, and for replication to said answer, do say that said John W. Renfroe, Treasurer of the State of Georgia, is guilty of the

SRPTEMBER 26, 1879.

high misdemeanors in office mentioned in said articles, and

that the House of Representatives are ready to prove the

same.

Read and adopted in the House, September 25th, 1879.

(Signed)

A. 0. BACON,

Speaker House of Representatives.

HENRY R. GOETCHIUS,

Clerk House of Representatives.

Both parties having, in response to inquiry of the Chief Justice, announced ready, Mr. Milner, of the county of Bartow, proceeded to open the argument on the part of the Managers.

Mr. Cox, on the part of the Managers, tendered in evi dence a certified transcript from the minutes in the Executive office, showing the banks selected as depositories of the money of the State, and approved as such by the Governor.
Also, certified t::opies of the official oaths of respondent, as Treasurer of the State, for the years 1875 and 1877; of his commissions for the years 1875 and 1877, and his official bond for the year 1877.
Mr. Cox stated that the oath of office of respondent for 1876 could not be found, and inquired whether respondent would waive the necessity of establishing the same.
Counsel for. respondent admitted everything necessary to establish the official character of the respondent, as Treasurer of the State, from the date of his appointment, in the year 1875, to the present period.
Mr. Cox, on the part of the Managers, submitted to the counsel for respondent a book of evidence taken by the committee appointed by the House of Representatives of the present General Assembly, to investigate the con duct of the Treasurer, stating that the trial would be facilitated by its admission as evidence.
Counsel for respondent suggested an adjournment of the Court, that the proposed evidence might be reviewed by the leading counsel preparatory to a definite reply to the proposition of the Managers in regard thereto.
Mr. Cox, on the part of the Managers, stated that in proposing to submit the book of evidence referred to, it was not intended to include the statement of the respondent embraced therein, ~or to exclude either the Managers

826

SENATE JouRNAL APPENDIX

or the respondent from the privilege of introducing such other evidence as they might deem proper.
At this juncture, Mr. DuRose moved that the High Court of Impeachment adjourn until ro o'clock, a. m., to-morrow.
This motion prevailed, and the Chief Justice declared the Court adjourned, in accordance therewith, and retired from the chair.

SENATE CHAMBER,

}

Atlan!a, Ga., Saturday, September 27tlz, 1879

At the hour of ro o'clock, a. m., the Senate resumed its session as a High Court of Impeachment, the Hon. Hiram Warner, Chief Justice, presiding.
The Managers, on the part of the House of Representatives, and the respondent, with his counsel, appeared in the Court.
The journal of yesterday's proceedings was read and approved.
Counsel for respondent admitted, as evidence, the published testimony taken by the committee of the House of the present General Assembly, appointed to investigate the affairs of the Treasury, and the Managers tendercJ in evidence the book containing setid testimony.
The Managers then introduced as witnesses R. L. 1\'f:ss, of the county of Clarke, and C. H. Phinizy and E. P. Alexander, both of the countv of Richmond. These witnesses were each sworn, exa1~ined in chief and cross-examined for respondent, after which the Managers announced that they would close for the present on the part of the House.
Captain Henry Jackson then proceeded to open the case in behalf of the respondent, and tendered in evidence Code, section 92, paragraph 8 ; supplement to Code, sec tion rX, paragraph r r; act of 1876; Senate Journal for the year 1875, pages 149 and 185; House Journal for the year 1875. page 3<J2; Acts of 1871 and 1872, page 258; article 5. section 2, paragraph 5 of the Constitution of r877 ; article 7, section 9 paragraph I of the Constitution of I877; acts of I878, carrying into effect article 7, section 9, paragraph I of the Constitution; act of the

SEPTF.MBEK 27, 1879.

present General Assembly to carry into effect article 5, sec-

tion 2, paragraph 5 of the Constitution.

Acts of 1860, page I9 section 29 ; I st section of the

appropriation act, approved December r3th, I862; letter

of General E. P. Alexander, addressed to the Hon. John

W. Renfroe, Treasurer.



Letter of John Calvin Johnson, dated Athens, Georgia,
November 3d, I876, addressed to Hon. John vV. Renfroe,

Treasurer.

Hon. John I. Hall was introduced as a witness by re-

spondent, and sworn as such.

Counsel for respondent proceeded to examine the witness

touching an interview between him and respondent, said to

have occurred during the last year's session of the General

Assembly, and to have had relation to the Constitutional prohibiti~n as to the use or deposit of public moneys by

the Treasurer of the State for fee, interest or reward, and

imposing upon the General Assembly the duty of enforc-

ing the prohibition by suitable penCJ.lties.

It was assumed by the Managers that witness would de-

tail the declaration of the respondent that, until said inter

view, he was ignorant of said constitutional prohibition

and requirement.

The Managers objected to the testimony as submitted:

I st. Because the declaration of respondent, sought to be

proven, was made subsequently to the illegai acts charged

against him, and in his own favor.

zd. That if not inadmissible on this account, it was a de

claration of ignorance of t!te law, which is inadmissible as a

defence.

After argument, the Chief Justice ruled that acts and

declarations contemporaneous \\ith the offence charged are

admis~ible tc> show the intent of the act, but the chair

was not aware of any rule of bw requiring or authorizing

the admissions of declarations of tlF defendant made after the

commission of the act, and in his own favor; therefore ruled

the evidence proposed not admissible, but submitted the

question to a vote of the Senate.

Pending discussion of the proposition by Senators, and

before the vote was taken, the High Court of Impeach-

ment, on motion of Mr. Russell, adjourned until 10 o'clock,

a. m., Monday, the 29th instant, and the Chief Justice re-

tired from the chair.

SENATE JouRNAL APPENDIX

SENATE CHAMBER, } Atlanta, Ga., Monday, Septembet zgth, 1879.

At 10 o'clock, a. rn., the Senate resumed its session as a High Court of Impeachment, the Honorable Hiram War ner, Chief Justice, presiding.
The Managers, on the.partofthe House, and respondent, with his counsel, appeared in the Court.
The journal of Saturday was read and approved. The question of the admissibility of certain evidence, as stated on the Court journal of Saturday, was resumed, the call of Senators on a vote to determine said question being first in order. Pending such call Mr. Lester offered the following order, to-wit: ''Resolved, That the testimony of Judge Hall be heard, but that the question of its competency is not determined." The question of adopting the proposed order by Mr. Lester, was submitted to the Senate. Those who voted in the affirmative are, to-wit-Messrs.

Boyd, Bower, Bryan,
Cabaniss, Candler, Casey, Clarke, Clements, ()Iifton, Cumming, Drake,
DuBose, Duncan,
~'ain,

Folks, Grantland, Grimes,
Hamilton of the 14th, Hamilton of the 21st, Hawkins, Hodges, Holcombe, Holton, Howell, Hudsnn,
Lumpkin, McDaniel, McLeod,

Perry, Preston, Russell, Simmons,
Speer, Staten, . Stephens, Tison of the 4th, Tison of the 10th, Troutman, Turner, Wellborn,
MR. PRESIDENT.

Those who voted in the negative are, towit-Messrs.
Head.

Ayes, 41. Nays, 1. So the order was adopted. Respondent then proceeded with the examination of Hon. John I. Hall, who, being examined, was crossexamined by the Managers. Counsel for respondent then tendered in evidence the reports of the Treasurer, dated January Ist, 1874 Report of the Treasurer, dated January Ist, 1877. Report of the Treasurer, dated January 1st, 1878. Report of the Trea<>urer, dated October Ist, 1878.

Report of the Treasurer, dated July rst, 1879 Mr. Russell offered the following order, which was submitted to the Senate by the Chief Justice, and adopted, to-wit: "Ordered: That only such part of the reports of the Treasurer be used as evidence in this case as the counsel for defendant may point out as relevant, and submit to the Managers on the part of the House." The counsel for respondent also tendered in evidence the act of February 25th, 1876, in relation to the issue of bonds of the State, and act of February 19, 1877, relating to the issue of certain other bonds of the State; letter of B. K. Wright, cashier of the National Park Bank of New York, dated January 21st, 1879, addressed to John W. Renfroe, Treasurer; letter of John W. Renfroe, Treasurer, to the President of the Fourth National Bank of New York, dated Atlanta, Ga., February 2oth, 1879,andcopied on letter book of the Treasurer, page 270; acts of 1876, page 409; acts of 1877, page 371. Respondent introduced the Hon. Mr. DuBose, Senator from the 20th, as a witness, who was sworn, examined and cross-examined by the Managers. Respondent then introduced Mr. Candler, Senator from the 33d, who was sworn, examined and cross-examined by the Managers. Counsel for respondent tendered in evidence the statement of respondent, as embraced in the book of evidence taken before the Committee of Investigation. The Managers, objecting to the same as evidence, the proposition of counsel for respondent was so modified as to tender said statements as statements, and not as evidence. Here the respondent closed for the present. The Managers tendered in evidence the receipt of John W. Renfroe, Treasurer, given to the Northeastern Railroad Company for $247. Mr. R. L. Moss was, by his request, introduced, that he might explain a part of his evidence of Saturday, to the effect that, while the Governor was, as he stated, in the room at the time the demand was made for the fee for signing the bonds of the Northeastern Railroad Company, he was not in a position to have heard said demand. The Managers tendered in evidence House journal,

SENATE JouRNAL APPENntx
page 3 TO, December 2d, 1878, showing date of introduction of bill prohibiting the giving or promising, etc., 9f interest on deposits of State funds for private benefit.
Also introduced as a witness John H. James, of this city, who was sworn, examined and crossexamined for respondent.
Governor A. H. Colquitt was introduced by respondent, in rebuttal of the explanatory testimony of R. L. Moss.
Pending his examination, the Court, on motion,
adjourned until 3 7\J' o'clock, p. m.; and the Chief Justice
retired from the chair.
3:30 o'cLOCK, P. M.
The Senate resumed its session, according to order, as a Court of Impeachment, the Honorable Hiram Warner, Chief Justice, presiding.
The Managers on the part of the House, and the respondent, with hi~ counsel, appeared in the Court.
His Excellency, A. H. Colquitt, was recalled to the stand, and his examination was resumed by counsel for respondent, at the conclusion of which he was crossexamined by the Managers.
The Managers tendered in evidence the Executive order requiring the signing of the Northcstern Railroad bonds by the Treasurer.
Counsel for respondent tendered in evidence printed copies of certain letters, constituting a correspondence between the respondent and George K. Butler, cashier of the Georgia Railroad and Banking Company, of Augusta, Georgia, which letters bear date as follows: ''Atlanta, Ga., J~ne 30th, July 3d and 8th, 1879;" ''Augusta, Ga., July 2d, 5th and 8th, 1879"-those from Atlanta being signed by the Treasurer, John W. Renfroe, and addressed to George K. Butler, cashier, as stated, and those from Augusta signed by said Butler, as cashier, and addressed to John W. Renfroe, Treaurer.
The Managers tendered in evidence a letter dated "New York, August rgth, 1879," addressed to Hon. H. L. Miller, Committee, &c., and signed P. C. Calhoun, President Fourth National Ba11k, New York.
The Managers introduced Hon. H. L. Miller in reference to said letter, who was sworn and examined.
They then tendered in evidence a statement of monthly

bank balances of the Treasury from December 9th, 1875, to.August sth, I879
The Managers annqunced the close of the evidence on the part of the House.
The evidence having closed, the respondent delivered the following statement in the presence of the Court, to wit:
STATEMENT OF HOi\'. JOHN W. RENFROE.
May it please your Honor, and the Senators: In making this statement, I will first say that this answer which I have filed to the articles, and which is sworn to, I adopt as my answer. I wish here to make some reference to this book of testimony which has been presented here in this case, as I was not present before the committee to investigate the Treasury when the witr,esses were being examined. They were examined before that committee, ana discharged, and had gone to their homes before I ever knew they had been subpcened as witnesses. \Vhen the report of the committee had been sent into the House, I was then prepared to resign my office, or make any sacrifice in order to avoid the humiliation of this trial. But when it was certain that the trial would take place, I determined to make any admission that was necessary and true to facilitate the case, and have done so in this answer.
The evidence in the case has not changed it in any material matter. In this book of evidence, on page 19, I refer to having had legal advice as to receiving this interest from the banks. I did not state who the advice was from, bot I will now do so. It was from Judge Hoyt, a Ia wyer of this place, and who is considered a very good one. In another place, page 21, l refer to a conversation with Captain Jackson and Judge Hopkins. That was the day after, I think, the resolution was passed in the House to raise this committee to investigate the Treasury. As to the amounts of money received from the banks by me, it was impossible when I was before the committee to state the exact amount. When I was asked the last time, I stated that it was between five and six thousand dollars, I thought. After leaving the committee I went around to the banks and asked them to furnish me with a statcmen.t of the exact amount paid to my securities, so that I could get a statement of the exact amount received by me. They said they

832

SENATE JOURNAL APPENDIX

could not furnish it to me, as it would require them to make a calculation of the monthly balances for the whole time; and until the committee required the banks to make it, and it appeared in this book, I never saw it, and I can not now state that I ever did receive the amount which is stated here. I kept no account of it, and what they paid me I accepted. If they had paid me nothing, I could not have exacted anything from them. I took just what they gave me.
Now, as to the Northeastern bonds and the fee I charged the company, I have only a few words to say. When I first received any intimation that I would be required to sign the bonds at all, it was in a letter received from John Calvin Johnson, then Secretary and Treasurer of the Company, and he went on to say that as mine was the herculean job, for reasons vital to the interests of that Company, he hoped I would sign them as soon as possible, and my fee for doing the work would be paid at the proper time. Knowing that the State had paid former Treasurers one and one-quarter cents for signing coupons, I had pre pared an account for the same kind of service to be pre sented to the Legislature and put it into my report, but members of the Finance Committee told me this retrenchment and reform idea was running to such an extent they thought I had better not ask it, but on that precedent I thought this railroad company ought to pay me.
It was done outside of office hours. I took the bonds home with me, and sat up until ten or eleven o'clock at night signing them, and after they were signed, I delivered them to the Governor, and left them with him, and they remained there until these gentlemen came after them. There were three of them, I believe, Mr. Childs, Mr. Moss and Mr. Cobb. I don't know as I had ever met either of them until that time. I was in the back room of my office, at my desk at work, when they came into the office, and one of them, I don't remember which, said he had come to pay the fee for signing those bonds, and he asked me what it was. I said to him that the State paid former Treasurers one and a quarter cents for each coupon, and if I was to be paid anything I s tppose that was the amount, and we made the calculation there on the table, and he drew a check for the amount and paid it without hesitation, and

SEPTEMBER 2g, 1879
seemed to be glad to pay it. When I was before the committee, and when Mr. Miller, the chairman, asked me if I had received any fee whatever from any other source than banks, I stated to him about this transaction, and told him all about how it was done.
In relation to my knowledge of the prohibition in the Constitution that I should not receive any fees or perquisites, it was as stated by Judge Hall this morning. He came into my office and read to me an act which he proposed to introduce, and I asked him what necessity there was for it; that the bond was enormous and the responsibilities of the Treasurer great, and where was the necessity for passing this act. He said that the Constitution required it, and I said if that was so, I could make no objection to it. I got up from my desk and went behind the counter, and got a copy of the Constitution. When I looked at it, I found this section about State and county officers, and that was the one I thought he referred to. I then went out and said to my securities to receive no more from the banks, as it was not my disposition to violate any law. I had stated to them before the arrangement was made that if it was no violation of the law I would receive the money, and it was then I got the information from Judge Hoyt. Knowing of this precedent in the resolution of I 87 I, for I was a member of the House in I8JI, I thought it was no violation of the law to receive this money from these securities in this manner.
In relation to these four per cent. bonds, they are referred to in my report. I stated that, after the bonds were all sold, there still remained orders for them. Every Senator will understand why I made that remark. It was to sell the other bonds that were to be issued in a still better manner. There were $5oo,ooo.oo of these bonds ordered to be issued: $2oo.ooo.oo this year, $2oo,ooo.oo next year and $100,ooo. oo the year after. After the bonds were all sold at the Treasury that could be sold there, I went around to the banks and got them to take some of them. There were parties coming into the Treasury and buying them, two or three at a time, ard about $ IOO,000.00 were sold in that way. All over that were taken around to tHe banks, and they took them and put them on my books as cash, and there was still an .order from the
National Park Bank for $zs,ooo.oo of them. When the
53

SENAn JouRNAL APPENDIX
fiscal agency was passed from the Fourth National Bank to the Park Bank, they wt!re to take $25,ooo,oo of these bonds, and if we were required to make any loan afterwards, they were to let us have it at five per cent. After that contract was made with them to take this $25,ooo.oo of bonds, I telegraphed the fact to the Constitution newspaper of this city, and it was published. The object of that was to make them sell better here at home, and it had that effect. We sold them all here at home, and I then wrote to the National Petrk Bank, and told them I had sold all of the bonds at home, and their order should lie over until next year and be filled out of those bonds, to be issued then, and that is the way these four per cent. bonds were sold.
I desire to make one remark as to the manner in which this report of the Investigating Committee was made to the House. When I heard of its appointment, I wrote a letter to the chairman, and stated to him that I just heard of the appointment of the committee, and that I desired the fullest and minutest scrutiny into the affairs of my office, and that I would assist them all I could. They came into my office, and went through it; a sub-committee counted every bond and coupon, added the advance books, and counted everything in there, and stated that they were satisfied with the condition of affairs. They stated so to me, and said so to others outside, that every dollar was there, and every bond and coupon was in its place. That has been the case ever since I came in the office, and will be when I go out. But when the report was made, for some reason not known to me, that was left out of it, and not one word was said about the condition in which they found the affairs in the office.
As to the finances of the State of Georgia, I ask you to contrast my administration of its affairs with those of other Treasurers, from colonial days until the present time. After I went into the office, there was an act passed authorizing the issue of $542,000 of 7 per cent. bonds to pay the interest upon the endorsed bonds of the State. I had been consulted by the Finance Committee, and we thought we could not sell them at par, as we had had some difficulty in selling the eights, and it was at considerable expense that they were finally sold at par. I had been reading the Northern papers, and discovered that States

SEITEMBER 2g, I 879
no better off than Geqrgia in credit were selling their bonds at a premium. I then issued a circular Jetter, which I caused to be published in some of the Northern papers, and in which I gave the condition of Georgia; and stated that she had property sufficient-naming her railroads, and so on-to pay off her bonded debt without raising a dollar of taxes, Soon afterwards, having then received letters asking for these bonds, I determined to ask premium for them, and I did get a premium of $2,300, which went into the Treasury of the State-not a cent into my pocket. I exchanged the $2, zg8,ooo of endorsed bonds. I did not pay anybody a cent to do it. I made the holders of the bonds in New York pay Dr. Bozeman's expenses and mine to New York to make the exchange, and I did not charge the State of Georgia a cent for doing it.
As to the change of this fiscal agency, I will state that after I had been in the Treasury long enough to learn the advantage of this money to the banks, I was satisfied the one-eighth to one quarter per cent. which had always been paid to the agent of New York was wrong, and th~t it ought to be done for less money, so, when I went to New York, in January, to have those four per cents. engraved, I went to the Fourth National l,3ank, and asked them if they could not do th8.t work for less money, and they stated that they could not, and Mr. Lane, the cashier, said I ought not to ask that question-that they had always been friendly to Georgia, and I ought not to ask it of them, as it would benefit me nothing to do so. I said: ''No, it would not benefit me, but, as an official, I thought that I should, and that if they could do it for less money, they would have the privilege of doing so." I have the accounts from that bank, and can show them to any Senator at any time, which show that from June, I 876, to December, I 878, inclusive, it amounts to five thousand seven hundred and odd doilars. I thought that too much, and that if I could save it to the State, I should do it. As soon as it became known about in the city that I was thinking of changing the fiscal agency of the State, I was waited on by bankers at the hotel. The letter accepting my proposition to the National Park Bank is here. That bank was to get $25,000 of the bonds, and was to lend us whatever money we needed at five per cent. That is the reason I changed the fiscal agency. I nt>ver received a cent

SENATE jOURNAL APPENDI:lt
for it-not a dime. I never received a cent in New York, and never proposed to them to receive a cent, neither from the Park Bank or any other bank.
I deny most emphatically what is in the letter read here today. I never asked them to pay interest on the deposits of the State, but I only asked them to do the work for less money, and they declined. I then went to the National ~ark Bank, and, in doing so, I saved all of these commissions.
There is one small thing I omitted to mention. I do so now. When I first went into the Treasury after I was ~lected Treasurer, in order that neither the State nor myself might lose anything by mistake,! went and hired Prof. Moore, of the Business College here, who is recognized as probably the best accountant in this city, to come once a week and go through the books and carry all the accounts to the ledger. To do that I paid him $250 a year out of my own pocket.
In conclusion, I will state that I can show in my office every dollar that has come in since I have been Treasurer, and from whom and on what account; and every dollar paid out, and to whom, and on what account. There has not been a dollar of the people's money that has gone into the Treasury which has not been properly accounted for, and at all times been subject to their commancl ; and, whatever the verdict of this Court may be, whether I go out of the Treasury voluntary or otherwise, I am determined that every dollar of the people's money shall be left there, to the last farthing.
At his conclusion, the Court adjourned until 10 o'clock,
a. m., to-morrow; and the Chief 1ustice retired from the
chair.
SENATE CHAMBER } Atlanta, Ga., Tuesday, September 30th, 1879
The Senate, at 10 o'clock, a. m., resumed its session as a High Court of Impeachment, the Honorable Hiram
Warner, Chief 1ustice, in the chair.
The Managers on the part of the House of Representatives, and the respondent, with his counsel, appeared in the Court.

SEPTEMBER 30, I 879.
The journal of yesterday's proceedings was read and approved.
The Managers tendered in evidence the majority report of the Special Committee to Investigate the Treasury as a reply to that portion of respondent's statement referring to an omission in said report as to the condition of the assets of the Treasury.
The Managers also offered as witnesses the Hon. Reese Crawford and the Hon. R. A. Nisbet, both of whom were examined and cross-examined by counsel for respondent.
The respondent tendered in evidence the minority report of the committee appointed to investigate the condition of the Treasury.
Also tendered in evidence an account stated between John Jones, late Treasurer, and the State of Georgia, for expenses incurred in the issue of the Nutting bonds, said account aggregating $8,4 I4- 09. Also the receipt of said Treasurer for the warrant of the Governor causing said amount.
Both parties here announced closed. The Chief Justice requested the Managers to proceed with the argument on the part of the House of Representatives, whereupon, the Hon. Allen Fort, on the part of the House, proceeded to the argument of the cause. At the conclusion thereof, the High Court of Impeachment, on motion of Mr. Bryan, adjourned until3~ o'clock, p. m., this day; and the Chief Justice retired from the chair.
3:30 o'CLOCK, P. M.
The Senate, according to order, resumed its session as a High Court of Impeachment, the Honorable Hiram Warner, Chief Justice, in the chair.
The Managers, on the part of the House of Representatives, and the respondent, with his counsel, appeared in the Court.
General Henry R. Jackson proceeded with the argument on behalf of the respondent. After making considerable progress with his argument, he was granted permission by the Court (owing to indisposition) to suspend for the present, whereupon Captain Henry Jackson proceeded to occupy the interim in the speech of General Jackson-his argument extending to the period of adjournment, he having the floor at that time.

SENATE JouRNAL APPENDIX
T~e High Court of Impeachment then adjourned, on motwn of Mr. Hudson, until 10 o'clock, a.m., to-morrow.

SENATE CHAMBER,

}

Atlanta, Ga., Wed1tesday, October Ist, 1879.

At the hour of 10 o'clock, a.m., the Senate resumed its

session, according to order, as a High Court of Impeach-

ment, the Honorable Hiram \Varner, Chief Justice pre-

siding.

'

The Managers on the part of the House of Representa-

tives, and the respondent, with his counsel, appeared in the

Court.

The journal of yesterday's proceedings was read and approved.
Captain Henry Jackson resumed his argument in behalf of the respondent, and, at his conclusion, was followed by General Henry R. Jackson, who occupied the floor until I o'clock, p. m., at which period the High Court of Impeachment, on motion of Mr. Bryan, adjourned until 3~ o'clock, p. m., this day, and the Chief Justice retired from the chair.

3:30 O'CLOCK, P. M.
The Senate resumed its session, according to order, as a High Court of Impeachment, the Honorable Hiram Warner, Chief Justice, presiding.
The Managers, on the part on the House of Representa tives, and the respondent, with his counsel, appeared in the Court.
The Hon. Jesse M. Wall, Senator from the Fifteenth Senatorial District, was qualified as a trior in the Court of Impeachment in the case now pending against John W. Renfroe, Treasurer of the State.
General Henry R. Jackson resumed his argument in behalf of the respondent. Having concluded the same, the Hon. Albert H. Cox, one of the Managers on the part of the House of Representatives, proceeded with the con eluding argument of the cause.
Pending the same, the High Court of Impeachment, on motion of Mr. Clarke, c:djourned until 10 o'clock, a. m., tomorrow, and the Chief Justice retired from the chair.

OcTOBER 2, 1879

SENATE CHAMBER, } Atlanta, Ga., Thursday, October 2d, I 879.

At the hour of 10 o'clock, a. m., the Senate resumed its session as a High Court of Impeachment, the Honorable Hiram Warner, Chief Justice, presidii1g.
The Managers on the ;-art of the House of Representa tives, and the respondent, with his counsel, appeared in the Court.
The journal of yesterday's proceedings was read and approved.
The Hon. Albert H. Cox, on the part of the Managers, resumed his argument. Having concluded the same, which was the concluding argument in the cause, the
High Court of Impeachment adjourned until 3_Yz o'clock,
p. m., this d.1y, and the Chief J ustic.:: retired from the chair.

3:30 o'CLOCK, P. M.

At the hour of 3:30 o'clock, p. m., the Senate, accord-

ing to order, resumed its session as a High Court of Im-

peachment, the Hon. Hiram Warner, Chief Justice,

presiding.

The Managers on the part of the House, and there

spondent, with his counsel, appeared in the Court.

The Chief Justice propounded to the Senate the follow-

ing question :

''Senators, are you now ready to decide upon the Articles

of Impeachment now pending?"

.

Mr. Speer moved that the Senate proceed to vote upon

said articles.

Pending this motion, Mr. Cumming submitted the fol-

lowing order, which was read, viz:

Ordered : That on each of the articles, except the zd,

the question shall be :

1. Did respondent commit the acts charged against him

in this article ?

.

If any Senator shall answer this question in the nega-

tive, then no further question shall be asked that Senator

touching that article; but if he shall answer that question

in the affirmative, then the further questions shall be as

follows:

2. Did the respondent commit the acts alleged against

him in this article, unlawfully.

SENATE JouRNAL APPENDIX
3 Did respondent commit the acts charged against him in this article, corruptly?
4- Is respondent guilty or not guilty, under this article, of a high misdemeanor in office ?
Ordered: That as to article 2d, the vote shall first be taken on each of the specifications in their order; and that the question be put on each of said specifications as folfows:
I. Has the respondent committed the act charged against him in this specifiatioo ?
Should any Senator answer this question in the negative, no further question shall be put to that Senator touching that specification; but should he answer it in the affirmative, the further questions shall be as follows:
2. Did respondent commit the acts charged against him in this specification, unlawfully?
3 Did respondent commit the acts charged against him in this specifiction, corruptly?
4.' Is the respondent guilty or not guilty, under this article, of a high misdemeanor in office ?
Mr. Cumming proceeded to discuss the proposed order, and at the conclusion of his remarks the High Court of Impeachment adjourned, on motion of Mr. Wellborn, until 10 o'clock, a. m., to-morrow, and the Chief Justice retired from the chair.

SENATE CHAMBER, } Atlanta, Ga., Friday, October 3d, 1879,

At the hour of 10 o'clock, a. m., the Senate resumed

its session as a High Court of Impeachment, the Hon.

Hiram Warner, Chief Justice, presiding.

The Managers on the part of the House of Representa-

tives, and the respondent, with his counsel, appeared in the

Court. The journal of yesterday's proceedings was read and

approved.



The Chief Justice announced as the first business in

order, the proposed order offered by Mr. Cumming on

yesterday. The adoption of this proposed order was discussed by

the Senators until the hour of 1 o'clock, p. m., Mr.

Cabaniss, at that hour, having the floor.

On motion of Mr. Hudson, the time of Mr. Cabaniss was extended, and the High Court of Impeachment adjourned until 3:30 o'clock, p. m., this day, and the Chief Justice retired from the chair.
3:30 O'CLOCK, P. M.
The Senate, according to order, resumed its session as a High Court of Impeachment, the Hon. Hiram Warner, Chief Justice, presid1ng.
The Managers on the part of the House of Representatives, and the respondent, with his counsel, appeared in the Court.
Mr. Cabaniss resumed his argument on the pending question, viz: the order submitted by Mr. Cumming.
The same was pending, and under discussion (Mr. Holcombe having the floor) when the High Court of Impeachment adjourned, on motion, until 9:30 o'clock, a. m., tomorrow, and the Chief Justice retired from the chair.

SENATE CHAMBER, } Atlanta, Ga., Saturday, October 4th, I 879.

At the hour of 9:30 o'clock, a. m., the Senate, according

to order, resumed its session as a High Court of Impeach-

ment, the Honorable Hiram Warner, Chief Justice, pre-

~~~

.

The Managers on the part of the House of Representatives, and the respondent, with his counsel,' appeared in the Court.
The journal of yesterday's proceedings was read and approved.
Mr. Holcombe resumed his argument, the proposed order of Mr. Cumming still pending as the unfinished business.
The discussion of this order continued until the hour of I o'clock. p. m., Mr. Bryan succeeding Mr. Holcombe, and Mr. McDaniel succeeding Mr. Bryan, and having the floor when the High Court of Impeachment adjourned, on motion, until 9:30 o'clock, a. m., Monday, the 6th instant; and the Chief Justice retired from the chair,

SENATE JOURNAL APPENOIX
SENATE CHAMBER, } Atlanta, Ga., Monday, October 6th, I 879.
At the hour of 9 ~ o'clock, a. m., the Senate resumed its session, according to order, as a High Court of Impeachment, the Honorable Hiram Warner, Chief Justice, presiding.
The Managers, on the part of the House of Representatives, and the respondent, with his counsel, appeared in the Court.
The journal of yesterday's proceedings was read and approved.
Mr. McDaniel, who had the floor at the last adjourn ment, resumed his argument on the unfinished business, viz: the proposed order offered by Mr. Cumming. He was succeeded in the argument by Messrs. Preston, Simmons and Bower, who occupied the floor until I o'clock, p. m., at which time the High Court of Impeachment adjourned, on motion, until 3:30 o'clock, p. m., this day; and the Chief Justice retired from the chair.
3:30 o'cLOCK, P. M. At 3~ o'clock, p. m., the Senate resumed its session, according to order, as a High Court of Impeachment, the Honorable Hiram Warner, Chief Justice, presiding. The Managers on the part of the House of Represc-1ta tives, and the respondent, with his counsel, appeared in the Court. Messrs. DuBose and Cumming dddressed the Court on the pending question. viz: the proposed order of Mr. Cumming. Mr. Lester took the floor for this purpose, when, on motion of Mr. Candler, the High Court of Impeachment adjourned until 9~ o'clock,. a.m., to-morrow; and the Chief Justice retired from the chair.
SENATE CHAMBER, } Atlanta, Ga., Tuesday, Octobet 7th, I 879.
At the hour of 9:30 o'clock, a. m., the Senate re sumed its session as a High Court of Impeachment, the Hon. Hiram Warner, Chief Justice, presiding.
The Managers, on the part of the House of Representatives, and the respondent, with his counsel, appeared in the Court.

OcTOBER 7, 1879.

The journal of yesterday's proceedings was read and approved.
Mr. Lester resumed his argument, and at the close Mr. Bryan addressed the Court.
At the conclusion of his remarks, Mr. Stephens moved to lay the proposed order of Mr. Cumming, pending as the unfinished business, on the table.
On this proposition, Mr. Harrison required the ayes and nays to be recorded.
Those who voted in the affirmative are, to-wit-Messrs.

Bower, Clarke, Clements, Clifton,
Drake, Duncan, Folks, Grantland,

Grimes, Hamilton of the 14th, Head, Hodges,
Holcombe, Holton, Lnmpkin, McDaniel,

Perry, Rnssell, Simmons, Staten,
Stephens, Tison of the 4th, Wall, MR. PRESIDENT.

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

Boyd, Bryan, ']abaniss, Candler, Casey,
Cumming, DuBose,

Fain, Hamilton of the 21st, Harrison, Hawkins, Howell, Hudson,

McLeod, Preston, Tison of the 10th, Troutman, Turner, Wellborn.

Ayes, 24. Nays, 19.

So the motion to lay the proposed order on the table prevailed.
The Chief Justice propounded the following question : "Senators, are you ready to vote on the Articles of Impeachment now pending?"

In response, a motion was made that the Senate proceed at once to vote thereon, and the motion prevailed.
Mr. Lester stated to the Court the fact that Mr. Speer, who was absent by reason of feeble health, desired to be present when the voting occurred on the articles of impeachment, and that a time might be fixed for the voting in such manner as to give him an opportunity to reach the Court and participate in the same. Mr. Lester said he had overlooked the request of the Senator, and, if not too late, would move an adjournment of the Court until 12 o'clock, m., this day, that time might be had to notify him, and for him to come into Court.
Mr. Grantland moved that the order to proceed with the vote be reconsidered.

SENATE JouRNAL APPENDIX

Pending this motion Mr. Preston moved that the Court take a recess until I I~ o'clock, a. m.

On this proposition the ayes and nays were required to be recorded.

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

Boyd, Bower, Candler, Clarke, Clements, Clifton, Cumming, Drake,
DuBose, Duncan,
Fain, Folks, Grantland,

Hamilton of the 14th, Harrison, Hawkins, HeRd, Hodges, Holcombe, Holton, Howell,
Hudson, Lumpkin,
McDaniel, McLeod, Perry,

Preston, Russell, Simmons, Staten, Stephens, 1'iwn of the 4th, Tioon of the lOth, Troutman, Turner, Wall, Wellborn,
~lR. PRESIDENT.

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

Bryan, Cabaniss,

Casey, Grimes,

Hamilton of the 21st.

Ayes, 38. Nays, 5

So the High Court of Impeachment took a recess until I I~ o'clock, a. m., this day.

The President resumed the chair and announced: ''The Senate is now in session for legislative purposes."

A motion was made, and prevailed, that the ~enate take a recess for ten minutes.

At the expiration of the period of recess, the Presirlent

called the Senate to order for legislative purposes, and then

yielded the chair to the Chief Justice, who called the High

Court of Impeachment to order, the hour of I I~ o'clock

having arrived.



The Chief Justice directed the Secr'etary to read the

first article of imp~achment.

This duty being performed, the names of Senators were

called in alphabetical order, each voting guiltv or not

guilty, in response to the question prescribed in the Rules

of Procedure.

Those who voted "guilty" are, to-wit-Messrs.

Bower, Candler, Clarke, Clements, Clifton, Drake,

Grimes, Hamilton of the 14tb, Head, Hodges, Holcombe, Holton,

McDaniel, Perry, Russell, Simmons, Staten, St!lphens,

Duncan, Folks, Grantland,

Hudson, Lumpkin,

Tison of the 4th, M&. PRESIDENT.

Those who voted ''not guilty" are, to-wit-Messrs.

Boyd, Bryan,
Cabaniss, Casey, Cumming, DuBose,

Fain, Hamilton of the 21st,
Harrison, Hawkins, Howell, McLeod,

Preston, Tison of t.he 10th,
Troutman, Tnrner, Wdlborn.

"Guilty," 25. ''Not guilty," IJ. Absent by leave, I,

One Senator, Mr. Wall, declined to vote, he having been elected and qualified as a Senator after the commencement of the trial, and too late to hear or read the evidence taken in the cause.

His right to decline voting was, on motion of Mr. Cumming, announced to the Senate by the Chief Justice, and it was ordered that his reason for declining be entered on the journal of the Court.

On casting up the vote, it appeared that less than twothirds of the Senators had voted guilty. The Chief Justice, therefore, announced that the respondent was acquitted of the charges contained in article No. I.

The Secretary having read article No. 2, the voting proceeded as on article No. I.

Those who voted ''guilty" are, to-wit-Messrs.

Bower, Candler, Clarke, Clements, Clifton, Drake, Duncan, Folks, Granlland,

Grimes, Hamilton of the 14th,
Head, Hodges, Holcombe, Holton, Hudson, Lumpkin,

McDaniel, Perry, Russdl, Simmons,
Staten. Stephens, Tison of the 4th, MR. PRESIDENT.

Those who voted "not guilty" are, to- wit-Messrs.

Boyd, Bryan, Cabaniss, Cas0y,
Cumming, DuBose,

Fain, Hamilton of the 21st, Harrison, Hawkins,
Howell, McLeod,

Preston,
Tison of the 10th, Troutman, Turner, Wellborn.

"Guilty," 25. "Not guilty," 17. Absent by leave, 1.

There being less than two-thirds of the Senators voting guilty, the Chief Justice declared the respondent acquitted of the charges contained in article No. 2.

SENATE JoURNAL APPENDIX

Article No. 3 was read by the Secretary, and the vote was taken thereon, as on the preceding articles.

Those who voted "guilty" are, to-wit-Messrs.

Bower,
Candler, Clarke, Clements, Clifton, Drake, Duncan, Folks, Grantland,

Gtimes,
Hamilton of the 14th, Head, Hodges, Holcombe, Holton, Hudson, Lumpkin,

McDaniel, Perry, Russell, Simmons, Staten, Stephens, Tison of the 4th, MR. PRESIDENT.

Those who voted "not guilty" are, to-wit-Messrs.

Boyd, Bryan, Cabaniss,
Casey, Cumming, DuBose,

Fain, Hamllton of the 21st, Hnnison,
Hawkins, Howell, .l\IeLeod,

Preston, Tison of the lOth, Troutman, Turner Wellbo;n.

''Guilty," 25. ''Not guilty," 17. Absent by leave, I.

There being less than two-thirds of the Senators voting "guilty," the Chid ] ustice declared the respondent acquitted of the charges contained in article No. 3

Article No. 4 being read by the Secretary, the voting thereon proceeded in due form.

Those who voted ''guilty" are, to-wit-Messrs.

Bower,
Candler, 1 Jarke,
Clements, Clifton, Drake, Duncan, Folks,

Grantland,
Grimes. liltmil ton of the 14th,
Head. Hodges, Holcombe, Holton, Lumpkin,

~fcDaniel,.
Perry, Rus;ell,
Simmons, Staten, Stephens, Tison of the 4th, MR. PRESIDENT.

Those who voted ''not guilty" ar;!, to-wit-Messrs.

Boyd, Bryan, Cal.muiss, Casey,
Cumming, DuBose,

Fain. 1[amilton of the ~1st, Harrison, Hawkins,
1lowell, Hudson,

McLeod, Preston, Tison of the 10th, Troutman,
Turner, \Vellborn.

"Guilty,'' 24. ''Not guilty," I 8. Absent by leave, 1.

There being less than two thirds of the Senators voting ''guilty," the Chief ] ustice. decl~red _the respondent acquitted of the charges contamed m article No. 4
Article No. 5 was read by the Secretary, and the vote taken thereon as in the preceding articles.

OcTOBER 7, r879

847

Those who voted "guilty" are, to-wit-Messrs.

Clarke, Grantland,
Head,

Holcombe, Holton,

Stephens, Tison of the 4th.

Those who voted "not guilty" are, to-wit-Messrs.

f

Boyd,

Fain,

McLeod,

Bower,

Folks,

Perry,

Bryan,

Grimes,

Prescon,

Cabaniss,

Hamilton of the 14th, Russell,

Candler,

Hamilton of the 21st, Simmons,

Casey,

Hanison,

Staten,

Clements,

Hawkins,

Tison of the 10th

Clifton,

Hodges,

Troutman,

Cumming,

Howell,

Turner,

Drake,

Hudson,

Wellborn,

DuBose,

Lumpkin,

:MR. PRESIDENT.

Duncan,

McDaniel,

"Guilty," 7. "Not guilty," 35. Absent by leave, I.

There being less than two-thirds of the Senators voting "guilty," the Chief Justice declared the respondent acquitted of the charges contained in article No 5

Article No. 6 was read by the Secretary, and the voting proceeded thereon as in the preceding articles.

Those who voted ''guilty" are, to-wit-Messrs.

Candler, Clements, Clifton, Drake,
Duncan, Folks,

Grantland, Grimes, Holcombe, Holton,
Lumpkin, McDaniel,

Perry, Russell, Simmons, Staten,
Tison of the 4th, l\111. PRESIDENT.

Those who voted ''not guilty" are, to-wit-Messrs.

Boyd, Bower, Bryan, Cabaniss,
Casey, Clarke,
Cummiug, DuBose,

Fain, Hamilton of the 14th, Hamilton of the 21st, Harrison,
Hawkins, Head,
Hodges, Howell,

H nelson, McLeod, Preston, Stephens,
Tison of the lOth, Troutman,
Turner Wel!bo'rn.

"Guilty," 18. "Not guilty," 24. Absent by leave, I.

There being less than two-thirds of the Senators voting "guilty," the Chief Justice declared the respondent acquitted of the charges contained in article No. 6.

The High Court of Impeachment adjourned, on motion, until 10 o'clock, a. m., to-morrow; and the Chief Justice retired from the chair.

SENATE JouRNAL APPENDIX

SENATE CHAMBER, } .

Atlanta, Ga., Wednesday, October 8th I 879.

.

At the hour of IO o'clock, a. m., the Senate, according to order, resumed its session as a High Court of Impeach-

m~~



The Managers on the part of the House of Representa

tives, and the fespondent, with his counsel, appeared in

the Court.

The journal of yesterday's proceedings was read and approved.
The following order was announced by the Chief Justice,

and ordered to be entered on the journal of the Court:

1I THE HousE OF REPRESENTATIVES OF THE STATE OF GEORGIA, IN THE NAME OF

THEMSELVES, AND IN BEHALF 01' ALL THE

PEOPLE THEREOF,

(IMPEACHMENT.

J JOHN W.

vs.
RENFROE, TREASURER

OF

THE

STATE OF GEORGIA.

\Vhereas, It appears from the record of the trial in the above stated case that the defendant was found not guilty of the charges contained in the se\eral Articles of Impeach-

ment preferred against him by the House of Representa

tives; Whereupon, it is considered, ordered and adjudged by
the High Court of Impeachment of the State of Georgia, now here, that the said John W. Renfroe, Treasurer of the State of Georgia, be, and he is hereby, acquitted of the several charges contained in the aforesaid Articles of Impeachment, and that he go hence without a day.

(Signed,)

HIRAM WARNER,

Clziif Justice of the Supreme Court of Georga.

The journal of yesterday's proceedings was, in accordance with the rules ad9pted by the Court, examined and approved by the L.hief Justice.

"Examined and approved. ''HIRAM WARNER,
"Chief Justice of the Supreme Court of Georgt'a."

By virtue of a resolution adopted to that effect, the Honorable Hiram Warner, Chief Justice, presiding, declared the High Court of Impeachment dissolved.

INDEX.
A
ADJOURNMENT SINE DIE ...................................................880
ADVERTISINGTo regulate official advertising ............................................808
APPOINTMENTS-EXEOUTIVEHon. W. B. Fleming as Judge of the Eastern Circnit...............14 Hon. M.. L. Mershon as Judge of Brunswick Circuit.. ............. 14
ARBITRATORS AND ARBITRATIONSTo provide for choice of arbitrators in cases of returns for taxation to Coml>troller General.. ........................ 60 80 88 661
ASYLUM-LUNATIOTo reqnire 1he appointment of one practicing physician on Board of Trustees ..............................................145 185 194 To relieve the Lunatic Asylum .................... 309 360 364 366 372 420 425
B
BANKTo incorporate the Darien Bank and Trust Company......483 572 582
BONDSTo protect the State as to endorsement of railroad bonds......... 8
BOYD, Hon. M. G.-32o DISTRICT.......................83 34 46 48 52 54 59 127 148 212 219 229 237 249 331 372 679
BOWER, Hon. E. C.-9TH DISTRICT..................... 22 33 57 73 89 90 105 109 110 111141 150 151 161 162167 197 213 228 240 259 281 293 344 347 367 430 431 464 468 469 519 566 567 595 602 647 680
54

8~0

INDEX To SENATE jouRNAL

BRYAN, Hon. George-34TH DrsTRIOT................. 21 23 49 61 63 68 83

87 96 128 130 150

159 164 165 170 175

243 266 364 366 422

226 427 440 462 469

c

617 672 677 679

CABANISS, Hon. T. B.-22o DrsTRIOT ...............3 59 1113 20 32 37 4143 47 48 5254 59 69 70 72 74 97 108 118 119 124 125 126 146147 166 170 171 179 181 185 190 203 216 230 251 253 266 271 315 364 370 393 395 399 446 477 481 511 516 518 422 333 552 558 565 567 569 576 579 591 592 595 617 619 620 621 627 647 673 674
CANDLER, Hon. A. D.-33o DrsTRIOT ..................21 162 203 318 372 393 406 420 452 464 675
CASEY, Hon. H. R.-29TH DrsrnrcT- .................. 61 65 109 124 145 164172 175 216 262 292 317 425 464 466 480 595
CESSIONTo cede certain lands in the Savannah river to the United States................................................................ 94 115 118

CLAIMTo amend the claim laws......................................................l5
CLARKE, Hon. John T.-11TH DrsTRICT ..............20 3136 37 41 49 55 62 67 76 87 91 92 105 116 124 140 151 157 160 161 170 179 180 190 199 200 207 216 222 229 230 235 242 244 245 256 260 261 291 318 322 332 340 351 353 368 389 418 420 428 437 498 506 513 552 566 569 571 583 584 617 651 6M 665 671 672

lNDEX To SENATE JouRNAL.
CLEMENTS, Hon. J. C.-15TH DISTRIOT......................................185
CLEMENTS, Hon. J. C.-44TH DisTincT.......... 12 33 49 82 112 115 127 131 140 164 186 189
196 203 207 224 266 267 312 370 425 428 439 494 513 538 558 620 658 667
679 680
CLIFTON, Hon John H.-2D DISTRICT ...............58 169 209 257 415 421 483 488 527 529
CODE-AMENDMENTS, ETC.-
To amend section 3293~of the Code-attachments for purchase money........................................................................ 5
To amend section 3962 of the Code-foreclosure of the mortgages on realty .........................................................56 636
To restore in the Code the true name of the writ remitting judgments of Supreme Court...... ....................... ...... ...... 6
To amend sections 3389 and 3390 of the Code..................... 8 76 To amend section 267 of the Code .........................9 119 123 264 To_amend section 36U4 of the Code ...................................13 24 To amend section 2443 of the Code ..................................22 32 To amend paragraph 5 of section 2484 of the Code, as to in-
heritance ................................................................ 22 32 69 To amend section 4161 of the Code .............................22 33 40 To amend section 2573 of the Code ......................... 22 32 40 44 To amend sections 2042 and 2043 ot the Code................22 33 40 To repeal an act repealing section 4323 and revive said sec-
tion...................................................................22 28 56 62 To amend sec1ion 4528 of the Code...........................23 27 62 83 To amend section 1920 of the Code ...............................34 38 45 To amend section 4159 of the Co<le ..............................38 44 78 To repeal sections 1305 and 1319 of the Code..........................44 To amend section 3698 of the Code .................................58 69 To am~nd section 2638 of the Code, as to contracts for future
delivery ....................................................59 73 80 84 87 89 To amend section 4370 of the Code ...............................59 72 77 To amend section 4527 of the Code .......................59 72 126 134 To amend section 1458 of the Code ..............................75 85 88 To amend section 3854 of the Codc .......................................76 To amend section 4161 of the Code .................................81177 To amend chapter 3, title 16, part 1 of the Code-sections 1394
to 1409................................................................93 115 120 To amend section 4373 of the Code ............................93 115 118 To amend secti"n 1646 of the Code..................112 126 134 264 To amend section 4814 of the Code, as to working female
convicts.......................................................115 126 133 194

INDEX TO SENATE JouRNAL
To amend section 64 of the Code, as to purchase of property at tax sales by Governor ...................................125 133 14i
To amend section 1717 of the Code, in relation to proceedings in divorce cases............ .. ... .. .................................lt:ll 210
To repeal secti(:n 3095 of the Code ...................................195 To amend section 661 of the Code ...........................208 226 285 To amend and add to section 898 of the Code (see index to
first part of journal) ......................................................636
COMMISSIONERSTo extend the provisions of an act creating Boards of Commissioners for the cmmt11.;s of Floyd, Berrien, etc .....................86
COMPTROLLER-GENERALTo define the dnties of as to issuing executions against wild lauds.............................................................................. 8 To abolish the Wild Laud Bureau of Com]Jtroller-General's office ......................................................................71 79
CONSTITUTIONTo amend the State Constitution, as to election of judges..........24 To amend an act to enforce paragraph 2, section 18, article 6 of the Constitution ............................................ 33 44 79 285 To enforce article 2, section 5 of the Constitution .............. 43 51 To enforce paragraph 3, section 7, article 6 of the Constitution ................................. , ............................................58 To carry into effect article 7, section 17, paragraph 1 of the Constitution, as to public print:ng ...........................60 85 132 To enforce paragraph 18, section 7, article 3 of the Constitution .........................................................................199 To enforce section 1, paragrah il, article 11 of the Constitution..........................................................................4 602 To enforce section 4, paragraph 9, article 4 of the Constitution. (See int!ex to first part of journ:tl) ...........................636
CONTRACTSTo mutually protect employers and employes under labor contracts........................ _. .............................................. 6
CONVICTSTo provide for classification of State convicts ..... 8 61 469 616 617 618 To repeal the law of February 25th, 1876, providing for the lease of State convicts.........................34 85 89 97 126 129 131 437 439 456 616 Substitute for last mentioned bill-to provide for the better government of the convicts of the State................456 468 616 Substitute reported by special committee for all pending bills on this subject.........................................................603 616

INDEX TO SENATE JouRNAL

COSTSTo require pre-payment of certain costs in Superior Courts......1S To provide for payrneut of insolvent costs .....................125 183

COUNTY LINESTo prescribe the manner of changing county line~ ..............4 602 To define county lines by re-survey, when unknown or in dispute .................................................................58 79 82 654

COURTS-CouNTYTo define the jurisdiction, powers, etc., of all County Courts in this State..................................................291 342 468 5813 To define and regulate the jurisdiction of county and other inferior courts in certain cases .........................301 317 342 446

CO,URTS-.J USTIOE-

To fix the monthly sessions of Justices' Courts............. 115 121

COURTS-SUPERIOR-

To amend the Superior Court Calendar of the State, as to

Brunswick Circuit............................................................ 8

To change the time of holding the Superior Court of Harralson

county.......................................................................... 8

To change the time of holding the Superior Court of Gordon

county.......... ."............................................................... 9

To change the time of holding the Superior Court of Rome

Circuit ......................................................................... 18

To change the time of holding the Superior Courts of Douglas

county .........................................................182193 211 672

To change the time of holding the Superior Courts of this

Btate ..................................................................193 211 377

To declare the time of holding the Superior Courts of this

State.......................................................................228 871

To fix the full terms of the Superior Courts for the counties of

Union ami Towns .......................................283 317 342 672

COUHT -SUPRh.\iE-

To regulate the publication of Supreme Court Reports, etc.,

etc., etc............................................. 58 115 121179 197 219

CRIMES AND .MISDEMEANOH~-

223 312 654

To define and punish the different grades of murder, etc..........12

To prevent cruelty to animal8 ....................................22 175 195

To mal,e betting a crime, etc.............................................24

To make it penal to poi8on any domestic animal, etc ....... 33 50 68

To define the crime of poisoning....... .. ............................... 7

To define the crime of lobbying, and puniBh the same..... 73 80 106

109 112 185 189 199

200 201 202

To prevent and punish cruelty to children..............75 138 430 661

854

INDEX TO SENATE JOURNAL.

To define the crime of being a tramp, and prescribe a penalty 125 133 140 195 212 285 345 347
To suppress obscene literature ..................................130 1&2 138 To make it unlawful to kill wild deer, under certain circum-
stances ....................................................... 208 226 271 323
To make it unlawful for defendants in fi. jas. to point out
property not their own, etc .......................................533 573
CUMMING, Hon. Joseph B.-18TH DrsTRIOT ......10 12 22 30 32 34 43 63 74 76 91 92 100 111 113 114 121 126 127129 131 161 164167 180 220 224 225 228 239 241 243 247 261 271 281 292 312 318 322 326 344 355 357 371 372 399 407 419 420 452 468 477 498 533 566 567 569 579 592 593 597 602 664 665 667
D
DEEDSTo provide for cancellation of certain reco)"ds of deeds ...... 12 29 32 49 57 To require the record of coiors of titles, etc .................. 34 85 94 To declare all deeds void which are based on wild landfi. jas. transferred .............................................................306 573
DRAKE, Hon. J. C.-25TH DrsTRIOT................................61105 282
DuBOSE, Hon. Charles W.-20TH DrsTRIOT ........... 60 64 82 93 116 159 202 217 234 249 308 310 326 331 364 366 389 468 489 571 664 668
DUNCAN, Hon. F. M.-36TH DISTRICT . 50 81 171 180 201 267 294 389 425 431 432 447 469 540 551 657
E
EDUCATIONALTo modify the public school law, as to election of trustees...33 50 To amend the charter of the University, so as to allow for additional trustees . ........ ........ ............. .. ...... ............ ..... 67
ELECTIONSFor Judges Eastern and Brunswick Circuits.......................15 19 For Cilaplain of Senate ....................................................243 Of Hon. Jesse M. Wall, Senator 15th District.............250 521

INDEX TO SENATE JouRNAL.

85)

ESTRAYSTo amend the estray laws ............................................... 38~44
EXEJ\IPTIONS..:_ To exempt guards and overseers of convicts fromjuryJduty ......13
EXPLANATIONSExplanatory statement of G. W. Garmany ...........................635

F

FAIN, Hon. J. C. -43n DISTRIOT......................15 22 41 63 80 97 112

118 160 161 162 213

FEES-

266 674

To prescibe the fees of ordinaries, where not now fixed...112 ,125

134 427

To require jail fees deposited in advance in certain cases.........230

Relating to jail fees in trover cases .....................................308

To prescribe fees of connty solicitors, where not now fixed ... 636

To fix the fees of ordinaries and surveyors in homestead case~. 44 73

FENCETo make certain enclosures lawful fence .....................12 267 284

FINES AND FORFEITURESRelating to payment of into county treasuries.....................636 To require license for selling or using pistols ................... 93 114

Fll-tE ARMSTo prevent the careless use of.. ...............................7 1114 120

FISCAL YEARTo amend an act to change the fiscal year.....................47 50 68

FISHTo prevent obstructions to the free passage of in creeks and rivers ...............................................................112 125 133

FOLKS, Hon. W. B.-5TH DrsTRIOT ..................58 61 126129 131170 171 261 488 525 552 571 675
G

GRANTLAND, Hon. Seaton-26TH DrsTRIOT ...... 26 43 52 61108119 125

146 353 453 576 584 569 662
GRUIES, Hon. Thomas W.-24Tu DrsTRIO'r......43 51 55 72 106 109 110

111 162 163 431 437 477 486 489 510 615 641 655
671 672 675 677
H

HAMILTON, Bon. John J.-14m DrsTRicT,,.... l59 21i7 383 415 416 422

492 493 526 550 644

INDEX TO SENATE JouRNAL.
HAMILTON, Hon. A. S.-21sT DISTRICT ............. 26 72 93 106 159 229 248 431 443 454
HARRIS, Hon. Wm. A.-SECRETARY....................... :................. 217
HARRISON, Hon. William-12TH DISTRICT........8 11 36 37 41 6164 87 105 112 131 196 213 217 237 244 281 298 315 333 425 446 447 504 510 551 565 566 567 672
HAWKINS, Hon. Samuel-42n DisTRIOT............ 26 63 82 87 165 175 200 249 259 370 465 552 583 641 645 657
HEAD, Hon. W. J.-3STH DISTRIOT ......... 200 235 246 247 253 660 671
RODGER, Hon. F. B.-31sT DISTRICT............26 43 58 108 112 115 186 315 322 323 330 363 468 476 558 571 579 664
HOLCOMBE Hon. A. W.-39TH DiSTRICT ...... 36 72 83 111150 151159 170 181 218 225 251 253 309 348 352 353 il69 406 443 469 506 510 551 597 635
HOLTON, Hon. G. J.-3D DisTRICT.................12 14 34 43 50 51 56 64 75 83 95 96 105 127 137 146 159 160 161 164 208 244 255 261 271 272 281 283 292 293 298 304 315 318 323 360 459 468 491 505 512 516 557 558 565 644
HOWELL, Hon. Evan P.-35TH DISTRICT.......... 28 41 42 43 55 57 61 67 71 113 130 140 151 157
175 188 220 225 230 245 277 315 351 372 426 579
642
HUDSON, Hon. John M.-13TH DIBTRICT.........23 43 48 116 127 130165 166 179 180 181 190 208 216 220 221 229 243 250 253 266 267 273 274 281 282 304 312 322 331 338 340 345 356 360 362 368 389 390 406 425 428 447 451 452 455 456 469 481 487 518 565 568 569 578 579 617 635 650 653 670 677 678 680

INDEX TO SENATE JouRNAL.

857

HUNTINGTo prevent hunting on lauds of another ............................. 58 69

I
IMPEACHMENTOf Hon. W. L. Goldsmith, Comptroller-Genera1.. ............. 139 140 Organization of High Court of Impeachmeat........................ 2ii4 Chief Justice conducted to chair ....................................... 254 Oath administered to Chief Justice.......................................2M Impeachment of Hon. John W. Henfroe, Trea~urer.............. .409 House informed of Senate's readiness to hear Articles of Impeachment ................................................................... 442 Managers received and articles pre~ented .............................. 442 Hesponse of President ...................................................... .442 Organization of High Court of Impeachment for trial of Hun. John W. Henfroe ...........................................................474 [See appendix for further information as to both trials.]
J
JUDGESTo require Judges of Sup<'rior Courts to report to Supreme Court, and Supreme Court to General Assembly, needed alterations of the law .................................................12 436 To amend an act in relation to reporters for Superior Courts.23 39 45 To prescribe the salaries nf Judgps of Superior and Supreme Comts....................................................................... 60 72
JUDGMENTSTo require judgments based on waiver noteo to state this fact ..................................................................112 132 140
JURORSTo prescribe the mode of fixing pay of jurors ................. 6 7 558 To provide for compensating jurors in Justices' Courts....38 44. 79

L
LESTER, Hon. Rufus E.-President-1sT DrsTRIC'l'......60 72 75 94 170 248 421 4.62 499 519 607 635 680
LIENSTo declare how judgment liens may be lost on transferred pmperty............................................. 23 28 30 31 36 41 64 66
LIQUORTo prohibit sale of u.fttJr Jar.nary 1st, 1880 ......................230 267

INDEX To SENATE JouRNAL.
LUMPKIN, Ron. Samuel-30TH DrsTUIOT..........10 1114 22 43 47 49 56 59 65 77 83 88 104 105 119 123 124 130 131 159 160 161 162 168 203 224 225 243 248 257 275 339 424 469 517 520 522 551 558 568 571 579 592 595 602 603 615 616 641 678
M
McDANIEL, Hon. Henry D.-27TH DrsTRIOT..........ll 20 26 43 44 48 51 56 59 60 61 63 65 66 68 72 73 80 82 87 89 93 96 106 109 124 125 130 131 137 147 163 164 166 167 170 199 202 207 211 218 224 229 255 260 266 273 294 309 318 321 332 335 347 360 363 370 393 413 433 436 440 444 446 453 462 465 481 489 494 499 513 558 565 584 601 602 617 626 63Ci ()43 545 655 657 661 673 675
McLEOD, Ron. Neill-16Tn DrsTmcT........................115 257 3\i5 450
MEDICALTo organize the Medical Board of Georgia........................55 113 To create a Board of Pharmaceutic Examiners................. 57 113
MEMORIALSOn Education-presented by Mr. Hudson ............................. 32 Of Hon. James A. Grecu ..................................................146 Of City Council of Augusta................................................177 Of citizens of Augusta...................................................... 239
MESSAGES-OF HousE........... .... ........... .......... 5 11 87 97 104 107 111 116 125 128 138 147 162 166 182 187 190 197 219 222 223 231 233 237 244 252 257 268 275 285 286 287 294 295 296 301 304 808 814 327 331

INDEX TO SENATE JouRNAL.

859

MESSAGES-OF HousE-(Continued) ...................344 358 359 373 378 391 401 412 417 426 433 441 443 447 451 457 462 470 471 474 477 482 483 494 495 506 507 511 512 517 518 523 541 542 544 545 546 555 563 568 573 580 581 583 585 595 597 607 608 614 615 629 631 639 640 647 649 652 653 656 662 666 669 674 675 676 677
MESSAGES-EXEOUTIVE .....................................13 14 20 26 30 31 45 48 67 97142 168 197 199 233 238 266 269 292 313 327 365 407 459 494 520 612 640 651
MILITARYTo provide for better organization of the volunteer troops .......g4 176 210 247 253 258 315 To declare the flag of Georgia......................................145 265
MORTGAGESTo declare the effects as to third parties of certain records of mortgages........................................................... 94 115 121 To prescribe the mode of foreclosing certain chattel mortgages .......................................................................... 636

p
PARTNERSHIPSAuthorizing the formation of limited partnerships...................44
PERRY, Hon. H. H.-17TH DISTRICT.................... .43 61 63 93 94 108 111113 131145 170 216 248 249 250 257 259 260 338 344 398 406 407 420 436 577 579 602 616 642
POISONINGTo define the crime of poisoRing....... ... .... .... . .. .. ... .... .. .... ... ... 7 To make it penal to poison any domestic animal.. ........... 33 50 68
PRACTICETo define a judgment note and the mode of enforcing same......lS

86o

INDEX To SENATE JouRNAL.

To allow the replevy of distrained property in forma pauperis..2() 26 30 4164
To require plaintiffs in ji. fa. to take property levied on at its
appraised value ............................................................38 50 To prescribe a form of oath in pauper cases carried to Supreme
Court....................... ..................................................... 44 To provide that motions for new trials shall not be entered on
minutes, etc ........................................................... 59 72 77 To regulate continuances and interrogatories .........................114 To provide for the more speedy trial of cases to wllich the
State is a party....................................................135 133 141
PRESENTATION~
Gavel presented to Senate by Mr. C. G. Youug, of Atlanta.....518 Presentation speech by Mr. Hudson..... ..............................518 Response by President Lester.............................................519 PRESTON, Hon. Joseph w.~28TH DlSTR!UT.........12 13 23 26 29 34 36
41 49 59 61 64 70 72 98 112 131 132 144 150 163 233 236 253 266 271 274 275 281 310 326 330 331 351 353 367 399 419 425 436 437 439 4G3 468 469 480 489 513 Gl.i4
616 617 645 651 PRINTING-OF CoUNTIEs~
To require Ordinaries to let county printing to lowest bidder..................................................................39 46 284

R
RAILROADS~

To provide when and where suits may be brought vs. Macon & Brunswick Railroad ........................................33 44 78 654
To egtaulish a Board of RailroaLl Commissioner~, etc........118 525

To prevent extortion and unjust discrimination in rates of

freight, etc .............................................................113 524

To lease the Maeon & Brunswick Railroad .... 115 118 150 158 159

.

167 169 267

To create a Board of Commissioners fur Railroads, etc .... 165 525

RECONSIDERATIONS~
To prevent tbe careless u~e ot fire arms.................................. 11 To regulate the returns of taxes by agents.............................11
To provide for replevy of distrained property in forma pauperis........................................................... .............30

To declare how a lien of judgment on transferred property may be lost.....................................................................36

INDEX TO SENATE JouRNAL.

sor

House bill to carry certain criminal sentences into execution ... .43
House bill to authorize suits vs. foreign corporations in this S t a t e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
To amend section 2638 of the Cnde .......................................87
To amend section 267 of the Code ......................................123 To amend section 28 of the school law of 1872....................146
To define the crime of lobbying. etc....................................197 To define the crime of being a tramp....................................217 House bill to exempt ministers, apothecaries, etc...................217 To better organize the volunteer troops................................. 253 House till to regulate the rates of lPgal advertising................ 253 To make it unlawful to kill wild deer under certain circum-
stances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 4 Resolution requiring stenographer to report the speeches on
trial of W. L. Go~clsmith ........................................... 331 357 House l!ill to amend the charter of .Senoia...........................389 House bill to enforce the last clau3c of paragraph 1, section 1,
article 1 of the Constitution ............................................399 To appoint a joint c,mtmittce to inform Governor of vacancy
in office of ComptrollerGcneral. .................................... .419 To amend the charter of the town of Oxford ........................440 To provide for Commissioners nf tile counties of Cobb, Doo
ley, Henry, Telfair and Washington .................................440 To repeal an act establishing Conuuissioners for the counties
of Jone8, Chattahoochee, Douglas, Floyd, Bulloch and Heard .......................................................................441 To require a transfer of certain cases from the Superior to County Court of .Macon county .......................................4i'i6 To amend the City Court act of Athwta so as to provide for paying certain insolvent costs......................................... 517 To amend section 4528 of the Code.....................................564

RECONSIDERATIONS-HousE BILLSTo declare Toccoa river a navigable stream..........................577 To amend section 279 of tht:J Code, as to appointment of County Judgt>s....................................................................... 577 To require clerks of Superior and City Courts to make certain records .. ... ... .. . ..... ....... . ............ .. .... ... .. ... .. .. .. ... ... .... 594 To amend the road laws as to Effingham county ..... ... ..... .. ... 607 To appropriate money for contingent expenses of the General Assembly..................................................................... 627 Resolution relative to compilation of the proceedings of the Impeachment trial ..... .. .... .. .. ...... .... .... ...... ... ... ......... ... . . 671 To fix the times of holding the Superior Courts for the Rome Circuit........................................... .. .. ......... ... . .... .... 671

862

!NnEx TO SENATE jouRNAL

REPORTS~
Of Committee to inform Governor of the reassembliri~ of the General Assembly......................................................... 5
Of Judiciary Committee............................... 11 20 26 31 38 43 48 56 68 72 82 93 109 124 130 131 137 147 164 166 202 207 220 224 312 318 360 363 370 393 425 446 470 481 482 494 499 513 565 584 601 620
Of Committee on Public Printing ......................... 20 82 132 164
Of Committee on Wild Lands ..............................................21 Of Committee on Enrollment ........................29 107 113 130 158
166 172 188 203 207 220 224 225 229 235 255 278 282 289 297 303 320 334 348 361 390 400 410 418 443 470 499 501 530 546 553 554 571 601 604 629 630 642 668 669
673 676 Of Committee on Northeastern Railroad bonds ... 34 36 37 109 111 Of Committee on Finance............................37 48 74 124 14.7 166
181 203 220 318 4.01 446 481 522 552 565
591 620 Of Committee on Rules............................................. .43 49 258 of Committee on Education ........................ .48 130 220 267 312
428 481 617 Of Committee on Railroads ......................................... 520 523 Of Comtuittee on Corporations ..................... 67 171 220 318 332
340 428 513 552 571 601 617 Of Committee on State of the Republic .................. 74 75 318 498 Of Committee on Public Health..................... .. .........82 93 571 Of the Committee on the Penitentiary..............................82 591 Of Committee on :Uilitary Affairs ...............................93 94 171 Of Committee on :\1acon and Brunswick Railroad ...................98 Of Committtee on Judicial Circuits................................... 108 Of Committee on Lunatic Asylclm ................ 124164172175 317
425 Of Committee on proposition of Atlanta............................. 124 Of Committee on Rule11 of Procedure. in the Impeachment
trial of W. L. Goldsmith, Comptroller-General...151157 350 437

INDEX TO SENATE JOURNAL
Of Committee on Local and Special Bills....... 163 203 207 224 312 850 361 370 42.5 4'28 439 470 494 513 538 620
Of Committee on Internal ImprovementR............................ 237 Of Committee on State Library ........................................ 243 Of Committee on Agriculture....................................... 267 6.H Of Spechil Committee to inform the Governor of the vacan-
cy in the office of Comptroller-General. ......................... 420 Of Committee on Final Adjournment ............................. .485 584 Of Special Committee on requesting thP Governor to issue
fl. jaR. against the Trea~urer and his surcties ......591 597 598 599
600 601 Minority report on same subject .................. 592 593 597 598 599
600 601 Of Special Committee on Conference on railroad freights, etc.
621 635 Of Special Committee on revision of the jury box ................ 643 Of Special Committee on furnishing convicts to the Marietta
and North Georgia Hailroad ........................................... 653 Of Comtmttee on Conference on bill of House to make mi-
nors parties, etc............................................................. 654 Of Committee to inform the Governor that the General As.
sembly is ready to adjnurn sine die ................................ 674 Of &pecial Committee on Immigration .......................... 675 677
RESOLUTIONS-SENATEProviding for a committee to inform the Governor of ;the re assembling of the General Assembly............................... . 3 Instructing the Librarian to fnmish laws and journals to Senators......................................................................... 10 23 Of adjourniiJent until July 7th.................. ........................ 10 To dispense with the call for the introduction of new mat ter ............................................................................ 12 23 Of thanks to Messrs. Gay & }[cCieskey for courtesies......... 23 Fixing hours of daily meeting and adjournment ................ 23 26 Authorizing publication of omitted portion of Wild Land report....................... ............. ...... ..... .... .................. 26 Making the report of Northeastern Railroad Bond Committee the special order............................................................ 26 Requesting Committee on Rules to revise the rules of the Senate ........................................................................ 26 Inviting the Hon. W. D. Nottingham to a seat in the Senate... 31 Inviting the Hon. James Hook to a seat in the Senate.......... 32 Inviting the Hon. C. C. Kibbee to a seat in the Senate .... ..... 32 To indefinitely postpone the reports of the Northeastern Rail road Bond Committee..................................................84 85

lNoex TO SRNAT~ JoeRNAL
Inviting Mr. J. W. PearRon to a Reat in the Senate............... 89
Inviting ex-Senator B. H. Crawford to a seat in Senate......... 43
Accepting the proposition of Atlanta as to the State Capitol, etc..........................................................................47 88
Tendering a seat in the Senate to Hon. Thomas Hardeman.... 48
Tendering a seat in the Senate to ex-Senator Steadman......... 49
Tendering a seat to Hon. George R. Black......................... 61 Tendering a seat to ex-Senator W. F. Jordan ...................... 61 Tendering a seat to Col. Jas. S. Boynton............................ 61 Providing for the appointment of a standing Committee on
Public Health............................................................... 61 Relating to the forgery of !ann grants...............................64 75 Relating to ill heall h of Hon. John A. Speer....................... 87 Tendcriu~ a seat in Senate to Dr. J. W. Mercer.................... 87 Authorizing H. I. Griffin to sue thr State............................. !.l4 Tendering a scat in the Senate to Hon. W. l\1. Reese............. !.l7 Tendering a seat to Hon. J. R. Foster............................. . . 106 Tendering a seat in Senate to Hon. A. T. Mcintyre ............. 113 Tendering use of ncnate Chamber to Southern Historical So-
ciety........................................................................... 114 Authorizing the Committee on Education to v1sit annual com-
mencement of the State Univer~ity ............................. 127128 Tendering a seat in the Senate to Hon. J. C. Nichols ............ 128 Relating to adjoumment until Monday .............................. 130 Relative to the impeachment of W. L. Goldsmith, Comp-
troller-General ........................................................... 140 Relative to the agt~ncy of Hon. James A Green................... 146 Tendering a seat to General George D. Johnson ................... 150 Tendering a seat to Hon. C. B. Hudson .............................. 166 Tendering a seat to Hon. Wm. Gibson ........................... 175 Instructing Messenger to shade the western windows of Sen-
ate Chamber................................................................ 175 Relating to removal of State Library .............................175 244 TendBring a seat in Senate Hou. D. B. Harrell ..................... 181 To print 100 coph>~ of report on Lunatic Asylum................. 182 Tendering a seat in Senate to Hon. J. M. Mobley.................. 182 Tendering a seat to Hon. Thomas 0. Wicker ....................... 188 Te~dering seat to Hon. T. .1\i. Norwood .............................. 190 Tendering a seat t<> Hon. F. C. Wilkins............................. 190 Amendatory of Rules of Procedure in trial of W. L. Gold-
smith .......................................................................... 190 Relative to hours daily meeting antl adjournment................ 184 Tendering seats in Senate to Hons. A. B. Strange, A. Allen,
B. W. Ray and ,fohn McRae ........................................ 208 Tendering a seat in the Senate to Hon. Wm. D. Mitchell...... 208

INDEX To SENATE JouRNAL.

Sns

Tendering a seat in Senate to Col. B. G. Lockett and others... 208
Tendering a seat in Senate to Hon. James H. Fannin ............ 209
Tendering a seat in Senate to Hon. S. D. Bradwell............... 209
Tendering a seat in the Senate to ex-Senator W. J. Anderson. 211
Tendering a seat to Hon. R. E. Kennon and Col. M. L. McDowell ....................................................................... 216
Tendering a seat to Captain F. E. Eve............................. 216
Tendering a seat to Hon. John C. Dell. ............................. 216
Tendering a seat to Hou. H. J. Ragan ................................. 216 Informing House as to time when Senate would be ready to
proceed with impeachment tiial of W. L. Goldsmith ......... 222 To publish 100 copies of Articles of Impeachment verBU8 W.
L. Goldsmith..................... ... .. .. .. ...... .. .. .. .. .... ... ... ... .. .. .. 224 Tendering a seat in Senate to Hon. \Villis A. Hawkins .......... 229 Tendering seats to Hon. L. 1\L Felton and others.................. 238 TendPring a seat to Hev. W. P. Cramer.............................. 238 Helating to the selection of a Chaplain .............................. 238 Relating to ceremonies on presentation of the portrait of Dr.
Crawford W. Long ................................................... 242 261 Tendering a seat to Maj. W. G. B. Shelton ......................... 243 Tendering a seat to Hon. L. D. P. 'Warren and Hon. K J.
Warren................... .... . .. .. ............. .. ... . .. .... ... ... .. .... ... 243 Tendering a seat to Hem. Paul Favor .................................. 243 Helating to the reception of the Chief Justice during im-
peachment trial. ........................................................... 244 Authorizing the Special Committee on Hules of Procedure to
employ a stenogmphcr, etc........................................... 255 Amendatory of Senate rules limiting debate .................... 255 261 Relating to the construction of a canal from thP mouth of
St. :Mary's river to the Mississippi .................................261 323. Tendering a scat to Hou. J. W. Wrenn ................................266 Tem1ering a scat to lion. H. L. Warthen ............................... 266 ABking Congrt"SH V> repent or modify the tax on tobacco and
distilled spirits .......................................................267 332 Tendering !l scat to Hon. H. T. Bynl.. ...............................283 Relating to adjonmment until Momlay ................................285 Amendatory of t!Je Hulcs of Procedure ................................289 Fixing the time for presenting memorial resolutions of Hon.
J. U. Clements, deceased ................................................. 292 Tendering a seat to General LaFayette MP Laws.....................292 Tendering a seat to Hon. A. J. Lane-....................................298 In honor of Hon. J. C. Clements, deceased ..................... 302 303 Tendering a seat to Hon. George T. Barnes ..........................308 Relating to hours for daily meeting and adjournment......309 312
55

INDEX TO SENATE JOURNAL.
Requiring the reporter of the High Conrt of Impeachment to report the entire proceedings of the trial of W. L. Goldsmith ............................................................309 351 353 368
To print 100 copies of W. L. Goldsmith's defence ............310 311 That the Secretary inform the House of the action of the
Senate on the bill to exempt certain persons from jury duty ............................................................................. 315 Tendering a seat to Wm. Clifton, Esq., of Savannah ............318 Declaratory of the intent of the Senate in employing a steno. grapic reporter.........................................................321 323 Tendering a seat to Hon. George N. Netherland ...................322 Tendering a seat to General A. Austell................................ 331 Tendering a seat to Ron. J. J. Jones....................................338 Tendeling a seat to Col. A. S. Cutts .....................................338 Tendering a seat to Judge S. R. Taylor.............................340 Tendering seats to Ron John T. Shewmake and Hon. E. F. Lawson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 344 Tendering a seat to Col. A. F. Hawes..................................344 Tendering seats to Hon. D. H. Pope, Hon. L. P. D. Warren and Col. C. B. Wooten ...................................................345 Prescribing the nature of the reports to be made by the reporter of the High Court of Impeachment ............351 353 368 Tendering seats to Hon. D. A. Vason, Hon. W. T. Jones and Captain R. Hobbs........................................................355 Tenderin!!, a seat to Hon. B. B. Hinton .................................360 Tendering seats to Messrs. Dupont Guerry, B. D. Hollis and E. G. Simmons..............................................................362 Tenderinp; a seat to Hon. J. A. Ansley................................. 368 Tendering a seat to Hon. L. M. Burch .................................383 Teudering seats to Hon. H. F. Sharon and Hon. Ben. E. Russell .............................................................................. 412 Adopting, on the trial of John W. Renfroe, the Rules of Procedure observed in the trial of W. L. Goldsmith, as amended...................................................................... .418 Substitute for the foregoing by Mr. Preston.......................... .419 To inform the Governor that the office of Comptroller-General is vacant ................................................................... .419 Directing the stenographic reporter to close up as rapidly as possible the report of the trial of W. L. Goldsmith............423 Providing a committee to inquire in regard to the business yet to be disposed of..........................................................437 Relating to the time and mode of trial of Hon. John W. Renfroe, under Articles of Impeachment.. .......................443 Tendering a seat to ex-Governor James M. Smith................456 Memorializing Congress in behalf of the improvement of Savannah river........................................................ .476 504

lNnEx TO SENATE JouRNAL.

86;

Authorizing employment of a steongrapher to report proceedings on trial of John W. Renfroe .............................477
Authorizing Becretary to have 100 copies of the answer of John W. Renfroe printed ............................................... .477
Relating to the printing and daily distribution of the stenographic reports of the proceedings in trial of John W. R e n f r o e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 498
Giving to the Special Committee on Rules of Procedure the right to fix compensation of stenographer in the Renfroe case ..............................................................................509
Tendering a seat to ex-Senator Chas. S. DuBose ...................511
Expressing sympathy in the centennial anniversary of Sergeant Jasper ..................................................................513
Tendering thanks of the Senate to Mr. C. G. Young, of Atlanta, for a gavel ............................................................519
Ordering 500 copies of the stenographic report of the trial of John W. Renfroe printed .............................................. 552
Limiting the length of speeches .....................................576 613 Tendering a seat to lion. Columbus Heard ...........................579 In relation to the inspection of fertilizers .............................. 651 Relating to the delivery and distribution of the stenographic
reports of the impeachment trial. ...................................... 651 Authorizing Committee on Enrollment and Secretary of Sen-
ate to remain one day after adjoumment, etc .....................557 Informing the House that the Senate is ready to adjourn sine
die .............................. .................................................667 Authorizing Jackson T. Taylor to compile the proceedings of
the Court of Impeachment in the form of an appendix to the Senate journal. .......................................................671 Tendering a seat to Hon. J. F. McLellan, of Florida ............ 677 Of thanks to Hon. Rufus E. Lester, President of the Senate ...678 Of thanks to Hon. E. P. Howell, President pr tem ...... ......... 678 Of thanks to Hon. Wm. A. Harris, Secretary; fl. H. Cabaniss, Esq., Assistant Secretary........................................... 678 679 Of thanks to A. J. Cameron, Messenger; L. J. Alrecl, Doorkeeper, and others.........................................................679 Of thanks to Hugh H. McConnell...................................... 679 Of thanks to Rev. John P. Duncan, Chaplain ......................679 Of thanks to Jackson T. Taylor, Journalizinl!: Clerk .............679 Of thanks to reporters and corre~pondents of the press.........680 Of thanks to the Hon. Hiram Warner, Chief Justice Supreme Court. ......................................................................... 680
RIVERSTo provide for improvement of Savannah river ...... .499 514 522

868

INDEX TO SENATE JoURNAL

RUSSELL, Hou. D. A.-8TH DrsTRIOT ........... 21 23 26 34 36 60 70 71

107 113 125130 141142

145 158 159 166168 169

203 207 214 217 218 220

224 225 229 230 235 241

244 253 255 256 257 282

293 298 309 315 320 334

339 345 348 390 400 436

437 443 486 499 512 530

546 553 554 566 568 571

576 578 584 591 601 604

s

614

SIMMONS, Hon. W. H.-41s'r DrsTRIOT...............41 59 108 126 208 577

SPEER, Hon. John A.-37TH DISTRICT.............. 1187 217 309 321 330

441 370 372 389 420

STATE LINE-

425 469

Survey of between Georgia and North Carolina.............. .43 56 61

STATEN, Han. J. W.-6TH DrsTRIOT..........................113 116 453 456
STEPHENS, Hon. John A.-19TH DrsTRIOT...... 20 58 60 82 108 111132 140 151 157 164 181 245 248 312 351 399 579 595 619 621 664 677
T
TAXE~ AND TAX OFFICERSTo exempt certain property from taxation under paragraph 11, section 11, article 7 of the Constitution ........................6 To regulate duties of tax receivers as to returns by agents 9 1113 14 To create the offices c,f tax receiver in each county ...................9 To provide for the return and collection of special taxes............9 To require taxes given in and paid on property in the county where located..............................................38 50 80 90 91 To compensate tax receivers for returning defaulters, etc ........39 To reduce and regulate the fees of tax receivers and collectors, etc ..............................................................41 271 393 402 To repeal an act regulating returns of land for taxes, and redemption thereof................................................... 60 79 132 To authorize taxable inhabitants of towns or cities to control the charters thereof......................................................... 60 To provide for the assessment of taxes on unreturned property.................................................................145 573 To require tax receivers to return allliquor dealers by name 181 210 284

INDEX TO SENATE JOURNAL.
To regulate fees of receiving and collecting taxes where the tax officps are consolidated ...................................306 572 584
To separate the offices of receiver and collector of taxes where conso[dated. (See index of first part of journal.)......636
TELEPHONETo incorporate the Georgia Telephone Company........ .42 56 62 85
TISON, Hon. John M-4TII DISTRICT.......................59 60 104 230 257
TISON, Hon. Isaac P.-10TH DrsTRIOT ...............93 113 137 208 216 248 266 345 355 370 658
TROUTMAN, Hon. John F.-23o DISTRICT......... 58 60 72 80 82 211 21'6 229 267 614 651
TURNER, Hon. J. P.-7TH D~tnRICT ................ 50 51 61 82 104 137181 208 257 591 659
w
WALL, Hon. John M.-15TH DrsTRICT....................................614 636
W AREHOUSEl\IENTo define the rights and liabilities of.. ...............................60 72
WELLBORN. Hon. C. J.-40TH DrsTRICT............23 27 43 63 66 94 130 146 150 163 164170 172 188 218 219 220 243 278 281 282 283 322 345 363 367 370 393 419 420 439 598 629 630 642 650 660 668 669 673 676 677 678

INDEX
TO ACTION OF THE SENATE ON BILLS AND RESOLUTIONS OF THE HOUSE.
A
APPROPRIATIONSAppropriating money to pay expenses of Special Committee on Principal Keeper Penitentiary ........................ 508 553 ,575 Appropriating money to pay expenses of Committee to Investigate the Treasury .............................................. 508 525 535 To defray contingent expenses of adjourned session of the General As~embly .............................. 509 597 622 627 628 641 Appropriating money to pay expenses of Special Committee to Investigate Comptroller-General's office...................515 525 Appropriation to pay salary of Physician to Penitentiary. 571 620 639 Appropriation to Lunatic Asylum.............................114126 134 Appropriation for expenses Special Wild Land Committee ......301 319 340 370 Appropriation to Owen Smith .................................. 307 319 335
ATTORNEY-GENERALTo prohibit the Attorney-General from charging any fees, beyond his salary, to the State................................. 515 620 642 To define and declare the duties of Attorney-General.. 291 398 436
AUDlTORSTo provide for compensation of.. .............................560 584 602
B
BANKS AND TRUST COMPANIESTo amend the charter of the Georgia Banking and Trust Compay............................................................... 206 225 274 To incorporate the Savannah Trust nnd Safe Deposit Company.................................................................383 408 416 To authorize a reduction of the capital stock of the Bank of Augusta............................................................384 429 452 To exempt banks chartered in this State from special taxes ....384 486 549 551
To incorporJ.te the Augusta Savings Bank ........................460 569

INDEX TO SE:NATE JOURNAL.

S;r

BONDSTo authorize the city of l\facon to lssue bonds ..........136 148 177 To authorize the Ordinary of Jackson county to issue bonds....206 221 227 To authorize Dougherty county to issue bonds, etc ......300 316 343 To authorize the Ordinary of Clarke county to issue bonds.....301 319 340 To authorize the Ordinary of Fulton county to issue bonds ....396 405 420
To reduce the Sheriff's bond of Wayne county ............533 553 575 To authorize the registration of State bonds....................560 584 To authorize Commissioners of Decatur county to issue
bonds.................................................................290 319 339
BRIDGESTo establish original toll at the bridge over the Chattahoochee, at Fort Gaines..........................................................307 435 To withdraw all rights now vested in the Arnett Bridge Com pany .................................................................307 316 324
c
CANALS AND NAVIGATION COMPANIESTo incorporate the Oconee River SteamboatCompany.290 343387 To incorporate Hutchinson Island Canal Company..... 307 429 450 To incorporate Skidaway Narrows Canal Company ....364 429 553 To incorporate the Canal Steamboat Company........... 613 637 662
CHAIN-GANGSTo provide for the organization of county chain-gangs ......251 269 280
CITIES AND TOWNSTo amend the school system of West Point................114116 135 To authorize the city of Macon to is~ue bonds............136 148 177 To authorize the city of Bainbridge to issue a tax for school purposes. .. ..... .. .. .. .. .. ... .. .. .. .. ............................... 308 343 394 To establish a school system for Cartersville ...............385 429 465 To make certain cities State depositories.........144 176 232 576 584 634 650 To amend the charter of Talbotton ...........................149 176 1!64 To regulate municipal elections in West Point ............ 149 176 262 To create a Board of Police Commissioners for Augusta...177 222 239 To amend an act requiring the Mayor of Augusta to act as Recorder. etc ...................................................184 209 227 To amend an act as to Board of Health for Augusta........184 210 To regulate publication of voters in Augusta.............. 184 209 227 To confirm an ordinance of Augusta......................... 184 209 247 To amend the charter of Crawfordville......................185 269 280

INDEX TO SENATE jOURNAL.
To amend the charter of Thomson ....................204 245 269 292 To amend the charter of Atlanta, as to Water Commis-
sioners....................................................................205 275 To amend the charter of Atlanta, so as to allow a tax on busi-
ness...................................................................... 205 276 To amend the charter of Atlanta, approved February 28th,
1874...........................................................206 225 226 231 To create a city government for Eatonton ................. 206 269 274 To amend the charter of Eastman ........................... 290 343 385 To amend an act chartering Hillsboro........................ 300 343 386 To authorize Athens to use a certain fund for building cis-
terns ................................................................ JOO 316 334 To amend the charter of Senoia ............. 307 371 387 388 G39 540 To authorize the city of Savannah to build an aqueduct..........307
311 324 To incorporate the town of Bellton .................... 308 429 452 464 To amend the charter of Carrollton ...........................3il3 il55 370 To amend the charter of Oxford......................... 384 42\J 440 645 To amend the charter of Forsyth......... . .. ............... 384 404 575 To so amend the charter of Gainesville as tc abolish the Crim-
inal Court.......................................................... 385 404 420 To amend the charter of l\lilledg~ville ............................396 434 To amend the charter of Albany .................................... 31)6 434 To extend the power of Darien over wharves, etc ........... .407 528 To amend the charter of Social Circle ........................... 408 432 To incorporate the town of Maysville........................423 457 480 To repeal an act reducing the corporate limits of Waycross ... .462
473 488 To authorize the Governor to sell certain city property of the
State to Atlanta ................................................... 475 486 537 To amend the charter of Marietta........................... 497 61\J 641 To regulate sale of liquor in Eastman............................ .462 472 To repeal an act prohibiting sale of liquor in Whitesburg .......497
514 527 To amend the charter of Thomasville ....................... li15 553 570 To regulate sale of liquor iu the town of Blackshear.. ..'i71 620 644 To amend the charter of L{onw ................................ 58"1 619 641 To amend the charter of Forrestville......................... 610 637 657 To amend the charter of Riddleville .........................610 638 668 To extend the corporate limits of Savannah............... 611 637 662 To repeal an act regulating sale of liquor in Sharpsburg.........385
404 414
CLERKS OF COURT-
To amend an act consolidating the offices of Clerk and Treasurer for Laurens county .......................................204 226 262

INDEX TO SENATE JouRNAL.
To repeal an act consolidating the offices of Clerk of the Superior Court and Treasurer of Paulding county.... 205 226 263
To provide for payment of certain insolvent costs due the Ckrk of Superior Court of Brooks county .............. .459 487 527
To prescribe th<-< fees of Clt'rk Superior Court in constituting commercial notaries public ................................460 472 490
To repeal an act reducing commigsi<ns of Clerk of the Supe. rior Court of Clay county.................................... .460 486 525
To require Clerks of City and ::;,.perior Courts to m~ke immediate record of certain papers .................... 571 590 594 621 646
CLERK HOUSE REPRESENTATIVI:STo provide compenmtion for and bond of Clerk House of Representatives .................................................. .475 486 537
CODE-A~IElW~fENTS OF, ETC--
To anwncl secti.:n 4411 of the Code ................................. 24 27 To re-enact section 4ii73 of :he Cocle ................................29 39 To repeal sections 4387 and 4388 of the Code ...................... 39 45 To amend section 38J;) of the Code .................................. .40 46 To amend section 3793 of the Code .................................122 12!1 To amend section 4310 of the Code ..........................122 123 142 To amend section 930 of tlw Cncle ............................ 148 177 561 To amend section 2970 of tile Code... .................... 141) 176 233 To amend section 1676 of the Code ................................. 1t14 256 To amend section 3036 of the Code ................................203 591 To amend section 1961 of t!Je Code................................ 203 210 To amcnu section 4747 of tbe Code ........................... 20 210 276 To amend sections 1)51, D5~ ant\ 9ii3 of the Code ......... 206 225 :.:70 To amend ~ection 4370 of the Code .......... 2~6 2u9 280 306 318 338 To amend paragraph 4460 of tlw Code................ 299 301} 320 561 To amend section 3u23 of the Code ......................... 381 408 414 To amend section 31 of the Code ..............................381 450 464 To amend section 1435 of t!Je Code ...............................382 572 To amend section 3-108 of the Code ...........................382 407 478 To amend section 3409 of the Code.............................. 383 456 To amend section 4il37 of ttw Code, etc .............. 383 J08 413 451 To amend section 281 of the Code..................................423 4u6 To amend section 1730 of the Code .......................... .451) 472 491 To amend section 1832 of the Code .......................... .4GO 472 491 To repeal section 191 of the Code ............................... .474 590 To amend section 3540 of the Code ...............................474 572 To amend section 611 of the Cmle .......................... .-184 571 624 To amend section 4141 of the Code ......................................479 To amend section 3845 of the Code ........................... 485 498 534 To amend)ection 279 of the Code ..................... 501) 572 577 643 To amend section 1416 of the Code...........................549 582 62u

INDEX To SENATE JouRNAL.
To amend section 404.5 of the Code..................................... 559 To amend section 4528 of the Code................................561 564 To amend section 1031 of the Code ...........................570 637 665 To amend sections 2842 and 2843 of the Code ..................582 644 To amend section 665 of the Code .......................................585 COLLEGES, LIBRARIES, ETC.To provide a mode of incorporating........................ .460 514 527 COMMISSIONERSTo authorize the Commissioners of Bibb county to purchase
the Wiley Turnpike ............................................145 176 220 To create a Board of Police Commissioners for Augusta.........177
222 239 To authorize the Commissioners of Houston county to pur
chase property at tax sales, etc ........................... 204 226 270 To amend an aet in relation to Commissioners of Monroe
county............................................................ 205 226 270 To amend an act creating Commissionen for Gwinnett
county................................. ..... . . .................. 206 225 264 To authorize the Commissioners of Decatur county to issue
bonds ............................................................... 290 319 339 To provide one Commissioner for Forsyth county..... 290 318 336 To create Commissioners for Putnam county............. 300 319 334 To create Commissioners for Fulton county...................307 588 To authorize the Commissioners of Newton county to assess
an extra tax .......................................................333 355 386 To provide Commissioners for Emanuel, Marion and Johnso..,
counties ........................................................... 355 371 395 To provide for compensating Commissioners of Mitchell
county ......................................................... 364 371 38:J 554 To amend an act creating Commissioners for Floyd, Effing-
ham, Schley, Sumter and Greene counties ...............382 457 478 To repeal an act creating Commissioners for Paulding
county................................................................... 396 430 To authorize the Commissioners of Coweta county to pur-
chase Moore's Bridge................................................. 396 432 To repeal the act establishing Commissioners for the counties
of Jones, Chattahoochee, Douglas, Floyd, Bulloch and Heard ................................................................ 397 431 441 To authorize County Commissioners to appoint their own elerks............ ...... ... . ............................................. 397 496 To provide Commissioners for the counties of Cobb, Dooly, Henry, Telfair and Washiugton ........................... .407 435 440 To repeal an act requiring Commissioners of Bibb county to pay election expenses ...................................... .423 449 467 To authorize Commissioners of Bibb county to purchase property at tax sales, etc ...........................................449 464

INDEX TO SENATE JOURNAL.

875

To amend the act creating Commissioners for Crawford county.........................................................462 473 490 523
To repeal an act creating Commissioners for Ware county ..... .485 514 525

To create Commissioners of turnpike roads.................... 509 587 To create Commissioners for Taylor county ............... 611 638 657

COMPTROLLER-GENERALTo authorize the Comptroller-General to administer oaths 204 209 227 To provide for suspension of Comptroller-General, in certain cases ............................................................ 300 371 395 404

CONSTITUTION-AMENmrENTs oF, ETaTo enforce paragraph 2, section 7, article 6 of the Constitution ............................................................................. 24 To enforce paragraph 2, section 7, article 8 of the Constitution .................................................................... 30 40 47 To enforce paragraph 5, section 2, article 5 of the Constitution.................................................................. 290 371 386 To carry into effect the last clause of paragraph 1, section 1, article 7 of the Constitution...................... 364 371 389 390 309 To enforce paragraph 2, section 18, article 6 of the Constitution .............................................................380 457 478 529 To enforce paragraph 5, section 12 of article 3 of the Constitution ................................................................ 382 457 478 To enforce paragraph 4, section 1, article 11 of the Constitution ....................................................... .460 473 498 528 552 'lo enforce paragraphs 1 and 2, section 7 of article 7 of the Constitution.............................................................560 615

CORONERSTo authorize any coroner to appoint a depnty .........382 462 471
UOSTS-.

To repeal an act relating to insolvent costs in Ricbmqnd

county...............................................................185 209 262

To extend to Burke county the provisions of an act relating

to insolvent cc.sts in. the Augu~ta Circuit ......................459 622

To provide for payment of certain costs due the clerk and

sheriff of Brooks county ..................................... .459 487 527

COUNTY BUILDINGS-

To regulate the letting of contracts for county buildings

COUNTY LINES-

383 408 415

To prescribe the mode of changing county lines ...............561 591

COUNTY OFFI']ES-

'l'o repeal an act consolidating county offices in Calhoun

county.........................................................381 430 498 536

INDEX TO SE~ATE JouRNAL.
COUNTY SITESTo declare the true intent of an act to locate the county site of Wilcox county...................................................333 429 454
COUNTY SOLICITORSTo provide for appointment of solictor for Pulaski county.380 403 422
COURT CONTRACTSTo amend the laws as to Court contracts ............. 291 319 335 536
COURTS-CouNTY, CITY AND CRUIISALTo amend the City Court aet of Atlanta, so as to provide for payment of insolvent eosts .............................. 299 512 516 627 To establish a City Court iu the county of Clarke...... ::lOG 320 335 To abolish the County Conrts of Dooly, Campbell, Floyd, Rockdale and Clarke counties ...............................383 449 467 To amend tbe City Court act of Fulton county, so as to increase the Judge's salary ................................ 396 487 514 526 To abolish the County Criminal Courts of Bartow ami 'Vashington couuties...... ...... ...... .... .. ... ... .. ..................... 397 583 To make it illegf1l, after January 1st, 1880, for any junge of a City Court to hold a city office in tl1e city in which he presides ............................................................... .459 472 488 To provide for the election of county judge for Putnam county ..............................................................460 472 480 To repeal an act repealing the County Court act of Dodge county ....................................................................506 621 To amend the County Court act of Coweta county......611 637 667 Relating to transfer of cases from Superior to County Court of Telfair county ................................................ 611 638 658 To require certain cases transferred to the County Court of Macon county from the Superior Court of said county....... 380 456 487
COURTS-Jt:sTIOE AND JusTICES oF THE PEACETo fix the fees of Justices of the Peace in appeal cases......136 138 230 To give jurisdiction to Justices of the Peace for foreclosure of mortg;1ges on personalty .................................2!)1 371 437 554 To provide tor appeals in Justice's Courts .............................561
COURTS-SUPERIORTo change the time of holding the Superior Court for Lumpkin and Dawson counties ...........................................194 209 220 To pruvide for holding Superior Courts in cities of 10,000 inh,lbitants or more ..................................... 204 225 270 462 483 To change the time of holP,ing the Superior Courts for Mitchell county.......................................................204 210 263 To change the time of holding SupeJiur Courts for Houston county..... ........................................ _.......... 300 316 336

lNnEx TO SENATE JouRNAL

To require the transfer of certain cases from the Superior to the County Court of ~/[aeon county........................380 456 487

To change the time of holding Superior Courts for Fayette

county .....................................................................396 443

To change the time of holding the Superior Court for

Henry county ......................................................... .474 586

To change the spring term of Melton county Superior Court

510 586

To change the time of holding the Superior Court of Wash-

ington county ...................................................... 612 638 666

To fix the times of holding Superior Courts in Rome Circuit

619 637 659

To fix the time of holding Superior Courts for Clinch county

COURT-SUPREME-

333 398 411

To regulate the practice in the Supreme Court............509 591 624

D

DEPOSITORIES-

To establish State depositories in certain cities...144 176 232 576

DRAINAGE-

584 634 650

To authorize counties to establish and maintain a system of

drainage .............................................................136 245 262

E
EDUCATIONALTo amend the school system of We~t Point ..............114 116 135 To alter section 28 of the school law of 1872... 122 133 142 221 559 To authorize the Board of Education to pay an unpaid sum due school commissioners.........................:..........176 185 251 To authorize the city of Bainbridge to issue a tax for school purposes.......................................................... 308 343 394 To amend the school law of Lowndes county..................381 429 To establish a school system for Cartersville...............385 429 465 To provide f,,r the incorporation of colleges, schools, etc..... .460 514 527 To amend an act requiring school commissioners to report annually to grand juries of their respective eunnties.........466 509 To amend the school law of Dodge eounty ......461 486 492 526 644 To establish the :Middle Georgia Military and Agricultural College ...............................................................476 497 549 To establish the Georgia State Normal College ..................560 588 To provide a local Board of Trustees for the Middle Georgia Military and Agricultural College ........................... 611 637 668 To repeal an act reducing pay of school commissioners of Forsyth county...................................................385 404 414

INDEX TO SENATE JOURNAL.
EXECUTIVEAuthorizing the Governor to furnish certain law books, etc., to certain counties............................................. .497 582 624 Authorizing the Governor t0 convey a strip of land to Chattanooga, with consent of the lessees of the W. & A. R. R.
291 622 Authorizing the Governor to convey to Atlanta certain land
of the State, on Spring street, in said city ...............475 486 537
EXEMPTIONSExempting ministers and others from jury duty .... 136 138 214 309
372 To exempt banks chartered in this State from special taxes
384 486 549 551 To exempt locomotive engineers, actively employed, from
jury duty.................................................................397 573 To exempt the Constitutional Guards from jury duty ............. 619
F
FERTILIZERSTo declare void all waivers of the gene!'al warranty imposed on vendors of fertilizers ............................................560 615 To amend an act to render more efficient and eeonomical the inspection of fertilizers .............................................582 613
G GAME, BIRDS AND FISH-
To prevent the catcbin~ of fish for shipment in the waters of Little Ogeechee river........................................149 209 228
To_amend the game law of Thomas county ...............461 473 492 To protect and encourage the culture of fish in the ponds of
David Dickson.................................................462 473 489 To prohibit huntiug on the land of another, without permis-
sion, in the counties of Jones, Montgomery and Tatnall 462 472 488
To protect game and birds in Bibb county ............476 514 538 552 To protect game a11d birds in Houston county ............611637 667 To amend an act to establish a Department of Agriculture......611 To prevent the descrnction of game in Jones county ... 300 316 334
I
IMMIGRATIONTo encourage immigration to Georgia............413 637 665 672 675
INSURANCETo incorporate the National Debt Assurance Company......384 476 621 641 To define who are u..;ents of foreign insurance companies...460 472 493

INDEX TO SENATE JouRNAL
To incorporate the Mutual Insurance Company of Augusta...584 586
To incorporate the American Guarantee Association ...396 476 621 641 642
To incorporate Stonewall Insurance Company of Augusta... 613 637 664
INTERESTTo regulate and restrict the rate of interest in this State... 570 599
J
JUDGES-SuPERIOR CouRTTo require judges to charge the law as to State convicts to grand jurors in certain counties .............................549 591 625 To declare judges owning stock in railroad companies disqualified from presiding in railroad cases......................380 398 To require the J11dge of the Superior Court of Macon county to transfer certain cases to County Court of said county. 380 456 487 To prohibit judges from limiting the argument of counsel. ..3i7 487 515 646
JUDGMENTSTo repeal an act requiring the record of judgments in the county of defendant's residence ........................... .460 472 490
JURORS AND JUHY BOXESTo revise the jury box of Harris county ...................194 225 251 To prescribe penalties against defaul1ing jurors...............307 320 To amend the law as to grand jurors in Pulaski county. 380 408 416 To repeal the act regulating pay of jurors in Macon county...396 403 414 To prescribe the manner of fixing compensation of jurors, etc ................................................................................ 561
L
LIQUOR-SALES oF, Ero.To prohibit the sale of intoxicating liquors in McDuffie county...............................................................205 245 261 To prohibit the retail of liquor in Morgan county ......381 457 479 To regulate the sale of liquor in Bulloch county...381 398 406 420 To repeal an act prohibiting the sale of liquor in the town of Sharpsburg........................................................385 404 414 To entirely prohibit the sale of liquor in Irwin county ...... 3!!6 432 To prohibit the sale of liquor in certain localities .............391 453 To repeal an act regulating the sale of liquor in Muscogee county, outside of Columbus...............................460 472 489 To regulate the sale of liquor in the counties of Wayne, Liberty, Coffee and Appling.................................. .461 472 498

88o

INDEX TO SENATE JOURNAL

To pre~cribe the mode of licensing the sale of liquors in Eastman, Dodge county ..................................................462 472
TO fix the liquor license of Tatnall county ................476 514 527 To repeal an act to prevent the sale of liquor in Whites-
burg..................................................................497 514 527 To regulate the sale, etc., of Jiqu<~r in Sheffield district. R11ck-
dale county........................................................509 581 624 To forbid the sale of liquor within two miles of any election
precinct on elect ion days .................................................561 Regulating liquor license in the town of Blackshear, and
county of Pearce ................................................ 571 620 644 To prohibit the sale of liquor in two miles of Johnson's
Church, Warren county ......................................619 637 663

M
MANUFACTURING OOUPANIESTo authorize the Cumming Manufacturing Company to borrow money ......................................................... 613 637 661 To amend the cha1'ter of Cllerokcc Iron Compauy......206 269 276
MILEAGETo pay mileage tu members for the present adjourned session .............................................................................524
MINORSTo repeal an act to make minors parties to suits .... 380 456 479 504 To prohibit emplo)'ment of minors without consent of parent or guardian ...............................................................363 398
0
OIIOOPEE FU:'IDTo apply the unl:xpcncled balance of the Ohoopee River Fund ..............................................................384 404 421
ORDlNAillESTo fix the compeng:,.tion of orllinaries, etc., in cases of lunacy. 24 28 To authorize the o dinary of Jackson county to issue bonds to build a court bodS<'..............................................206 221 227 To :authorize the ordinary of Fulton connty to contract for tbe ' Abstract of Titles" for said connty ............... 2D9 31!! 339 To authorize the onlinary of 1\liHon county to l>orrow'money 301 318 337 509 525 To authorize the ordinary of Clarke county to issue bondR.... 301 319 340 To authorize the nrdinary of Fulton county to build a court bouse, etc ......................................................... 3!!6 405 420 To compensate thu ordinary of Washington county........509 586

J INDEX TO SENATE OURl'fAL.

SSt

p
PENAL LAWSTo prevent giving or promi8ing fee 'or reward to the State Treasurer for use of the public money ...................122 397 411 To prevent the driving of diseased cattle into healthy districts.................................................................203 210 247 To prohibit the county officers from speculating in county orders ..... :............................................................290 319 337 To make it a high misdemeanor for any official, etc., to influence, or attempt to influence the Executive, etc., improperly..................................................................299 318 338 To reduce certain larcenies aftr;r trust to a misdemeanor...299 320 To amend the law as to escapes from the chain gang......... 300 320 To make it a felony for incorporated companies or iudividuals, being insolvent, to receive and fail to piiy deposits on demand............ ................................................... 382 498 536 To make it penal for an officer to contract with the State, except as to his office ............................................... 382 496 To prevent lotteries in tli.is State.........................;........ .459 573 To prevent depredation of hogs in .Morgan county..... .476 620 645 To amend an act in relation to the burning of gin houses .. .484 525
534 To extend an act in regard to traffic in seed cotton to the
county of Lee ................................................... 610 638 658 To regulate traffic in com and seed cotton outside of incorpo-
rated towns in Thomas county ..............................611 637 658

PRACTICETo carry into execution sentences in certain criminal cases, etc................................................................39 43 69 70 71 To authorize judgments in the alternative in Police Courts...39 45 To authorize the suin~ of foreign corporations ..........40 46 48 49 To protect the liberty of the citizm in bail cases .......122133 144 To prevent forfeiture of recognizances, except in certain cases .
149 176 232 To allow certain persons to be made parties plaintiffs in suits
on choses in action set apart as a year's support. ...... 306 319 339 To repeal an act making minors parties to suits, etc .... 380 456 479
To prevent dI.Sm.issal of cases .m the ">:">Upreme Court for certain 504 causes.................................... .................... 381 404 456
1'o regulate the practice as to requests to charge the jury ..397 472
492 To regulate the practice as to writs to enjoin sheriff's sales......397
486 515 To amend the law as to establishing lost papers ...............397 573
56

882

INDEX TO SENATE JOURNAL

To prohibit judge~ from limiting the arguments of counsel.. .. 397
487 515 646 To provide thl' mode of proving service made by publication
474 572 To regulate the practice in the Supreme Court............509 5\Jl 624 To require judges in certain counties to give the law relating
to convicts in charge to the grand jnry .................. 549 51)1 625 To authorize tl1e writ& of certio1a1i in all appeal cases in
J nstices' Courts ...............................................................559 To provide for appeals in Justwc, Courts, etc...................... 561 To require clerks of :Superior and City Courts to make imme-
diate record of certain papers .....................571 51)0 594 621 646 To stay judgments iu certain eases.................................572 619 To authorize the clerks of City Court of Savannah and t:ln-
perior Court of Chatham county to require costs deposited in advance, in certain cases................................. 611 638 659 To regulate constable's sales ........................................24 27 28
PUBLIC PRINTING AND ADVERTISINGTo prescribe the mode of letting the public printing...114 133 143 232 To regulate the rates of legal aclvertising ...123 148 245 253 556 603

R
RAILROADSTo amend an act defining liability of, for clmnage to stock....15 80 To prevent waiver of damages by employes of railrcacl companies ............................................................. 122 148 572 To prevent railroad companies from leasing or purchasing other roads ..............................................................122 619 To incorporate Hartwell Railroad Company ............... 136 176 186 To amend the charter of Louisville Branch Hailroatl Company ...........................................................149 164 167 533 To amend the charter of Cartersville and Van wert Rnilroad Company........................................................... 204 210 263 To incorporate the Athens Transfer Railroad Company ... 300 332 356 429 465 To provide for regulation of railroad freights and passenger tariffs, etc................................... 364 520 551 565 602 618 635 To relieve the 1\lacon and Angusta Railroad Company from excessive tax ...................................................... 381 405 40? To amend the charter of Barnard and Anderson Street Railroad ............................................................... 384 405 421 To authorize settlement by Comptroller-General with Up;oon County Railroad for taxe;-. ... ... ... ... ... ... .. ... .... .......384 403 421 To incorporate the Gate City Street Railroad Company....396 453 To incorporate the Thomasville Railroad Company.... 397 428 453

INDEx TO SENATE JouRNAL.

883

To incorporate the Dahlonega Air-Line Railroad Company
424 428 466
To require section bosses and overseers of railroads to have stock killed by locomotives, etc., recorded................. .473 572
To amend an act incorporating the Louisville BralJch Railroad Company ..........................................................484 525 533
To grant right of way to Cincinnati Southern Railroad.... 485 514 541
To incorporate the Carnesville Railroad Comp:my ............497 579 To amend an act to prevent monoplies in railroad transporta-
tion .............................................................................447 To authorize the sale of th.e !\'[aeon and Brunswick Railroad
550 559 To incorporate the Waycross and Florida Railroad Company
582 603 625 To amend an act incorporating Louisville Branch Railroad
Company ......... :...........................................................585 To constitute the lessees of the Macon and BrunBwick Railroad
~gents for the State............................................. 612 638 667 To incorpoarate the Rome Street and City Park Railroad
Company ............................................................ 584 619 645 To provide for the uniform taxation of railroad property.. 612 646 To preserve order on railroads......................................381 456
REGISTRATIONTo repeal the registration act of Thomas, Lowndes, Decatur, Mitchell and Camden .......................................... 251 316 324 To amend the registration act of Camden county.........612 638 670 To repeal the registration act of Mcintosh ................. 385 404 415
RELIEFTo relieveR. H. Leonard, of Talbot county.............184 210 228 To repeal an act for the relief of Elizabeth Tanner..........307 496 To relieve B. F. 1\latthcws......................................307 371 387 To relieve James L. Fleming....................................461 473 490
RESOLUTIONS-HousETo dect judges for certain circuits............................... 12 13 14 Relating to indorsement of Northeastern Railroad bonds...98 104 105 106 109 111 Providing for acceptance of Atlanta's proposition..................184 Relating to exclusion of certain class of patients from Lu natic Asylum ............................................................... 184 Relating to presentation of names of Dr. Long and General Oglethorpe to the Art Gallery at Wa:;hington ..................... 242 Relatibg to payment of per diem of certain deceased members 283 Authorizing the tltate Treasurer to pay interest on certain bonds..............................................283 322 341 378 895 613

INDEX To SENATE JouRNAL.
Authorizing the Governor to have printed 300 copies of the bill to lease or sell the Macon and Brunswick Railroad ...... 424
Authorizing Peterson Thweatt to sue the ~tate ......477 498 504 505 In reference to the opening of the Chattahoochee river ......... 485 Of thanks to Captain John F. R. Tatnall of the life of Com-
modore Josiah Tatnall ................................................... 497 To pay H. J. G. Williams for certain work for the State...509 572
590 To appoint a committee to examine Stone Mountain..........524 613 Relating to an early adjournment ............................. 558 602 61i Appropriating money to rlerray expenses of the committee
attending the remain~qf the late H'ln. J. C. Clements ........ 500 To allow mileage for the present adjourned session ..........570 578
Requesting the Governor to issue certain fl. fas ... . 570 578 597 598
599 601 Requesting the Governor to investigate certain coupons of
the Mr.con and Brunswick Hailroad ........................612 638 673 Requiring judges to charge grand juries in regard to wildland
frauds ........................................................................ 612 Instructing Comptroller-General. ................................... 613 673 Submitting to the legal voters of the State the question as to
whether the Agricultural Department shall be continued..... 651 Relative to furnishing convicts to. Marietta and North Geor-
gia Railroad ............................................................. 651 653 Relative to the signing of bills and resolutions ..................... 673 Requesting Congress to appropriate a certain fund to Atlanta
University .................................................................. 673 Relating to the public printing........... .. .................. 651 673 675 To dispose of certain articles belonging to the Geological
Bureau .... ... ... .. .... .. ... .. .. .... .. .. .. .... .. .. .. . .. .... .. .... .. .. .. . .. .. 678:
RIVERS-. To declare Toccoa River a navigable stream ......... 524 553 575 577
ROAD LAWSTo amend the road laws, as relates to Fulton county... 205 226 576 To repeal the act apportioning the road hands of Emanuel and Johnson counties .....................................205 226 270 559 To amend the road laws, as relates to DeKalb county ...385 404 422 To amend the road laws, as relates to Effingham county.. :385 405 414.603 607
s
SALESTo provide for sale of perishable property ...................... 509 585
SECRETARY OF SENATETo provide compensation and fix the bond of Secretary of the Senate, etc ...................................................4,75 486 537

INDEX TO SENATE JOURNAL.

885

SHERIFFS AND BAILIFFSTo fix compensation of shPriffs and bailiffs in lunacy cases ...24 28 To fix 1lw fees of bailiffs in appeal cases in Justices' Courts ...136 138 280 To repeal an act making the sheriff of Cobb county e:o-otficio tax collector ....................................................... 307 318 336 To provide for payment of certain costs to the sheriff, etc., of Brooks county...............................................459 487 527 To reduce the sheriff's bond of \Vayne county ...........533 553 575 To provide the nl')de r)f fixing _compensation of jurors and bailiffs........... :............................................................. 561
STATE LINETo pay expenses of survey of State line between Macon county, North Carolina, and Rabun county, Georgia...47.5 486 535
T
TAXES, TAX OFFICERS, ETcTo confer additional powPrs on tax collectors ......114 126 135 211 'I o make)t penal for tax coliPctors to !Jolll at one time more than $5,000 of the public money ..................... 145 176 231 561 To provide for the redeniption of land sold fortaxes ......203 225 276 561 To amend the law fixing pay of tax officers of Laurens county, etc ......................................................... 204 226 262 To repeal the law limiting the power of taxation in Jackson county .......................................................... 356 370 388 393 To repeal an act reducing the pay lf tax offcers, etc., of Forsyth county......................................................... 385 404 '414 To repeal an act reducing commissions, etc., of Clay county 460 486 525 To regulate the giving in for taxes, sale and redemption of wild lands............................. .... .. .... :.....................561 647 To fix the compensation of tax ofticers of Cherokee county .... 381 404 422 'l'o authorize clerks of tax collectors to administer oaths in certain cases................................................................ 459 To make it the duty of frePIJOlders to return their tax-paying tenants...............................................................363 398 410 To declhre more fully the intent of paragraph 14, section 2 of the general tax act. of December 16, 1878.......... 21H 371 372 481
TELEGHAPH COMPANIE~3To incorporate the Brunswick and St. Simon's Telegraph Company .....................................................206 269 280 293 To incorporate the Dublin Telegraph Company......... 384 429 450

886

INDEX ro SENATE JouRNAL.

TELEPHONE COMPANIESTo incorporate the Georgia Branch of the National Bell Telephone Company.................................................206 269 279
TREASURERS-OF CouNTIEsTo amend an act relating to the salary of the Treasurer of Richmond county. .. .. ........................................185 209 226 To amend an act consolidating the offices of Clerk and Treasurer of Laurens county .......................................204 226 262 To repeal an act consolidating the offices of Clerk Superior Court and Treasurer of Paulding couuty.................. Z05 226 263 To repeal an act abolisbiug the office of Treasurer of Pulaski county............................................................... 383 408 415
TREASURER-STATETo provide for suspension of, in certain cascs...... 309 371 395 404

INDEX
TO
PROCEEDINGS OF THE HIGH COURT OF IMPEACHMENT,
I~ THE TRIAL OF
HON. \YASHINGTON L. GOLDSMITH,
COMPTROLLER-GE~ERAL OF THE STATE OF GEORGIA.
APPEALOf Hon. M:r. Clarke from ruling of Chief Jnstice..................750
APPLICATTONBy Mr. Speer, to have his vote recorded .........................794 796 By Managers for time to consult..........................................783
ARGUMENTOf plea to jurisdiction and demurrer, by Mr. Candler, for respondent .....................................................................745 Of plea to jurisdiction and demurrer, by Mr. Adams, for Managers ............................................................................746 Of plea to jurisdiction and demurrer, by Mr. Hammond, for 1\Iauagers.......................................................................746 Of plea to jurisdiction and demurrer, by Mr. Hopkins, for respondent. ....................................................................748 Of the case on its merits, by ~lr. Turner, for l\1anagers..........784
CHIEF JUSTirc'ECondnctecl by Committe to Senate Chamber .........................719 Received by Senate ..................... :.................................... 719 Takes the prescribed oatiL ............................... ;.................719 AFsume9 the chair as presiding officer..................................719 Annonnres the objects of the Court.....................................720 Ruling of on Teq nests to be excused from serving as trior: Of ~rr. l\TcDaniel. ..................................................720 Of l\lr. Cantller......................................................721 Of l\Ir. Russell .....................................................721 Of .M1. Spcer.........................................................722 Of Mr. Tnrner......................................................723 Qualified the Senators as triors............................................720

888

INDEX TO APPENDIX.

Announced the High Court of Impeachment organized ..... 724 727 Directs Sergeant-atArms to request re~pondent to come into
the Court...................................................................725 Orders the arraignment of respondent ............................725 726 Ruling of on motion to dispose first to the plea to the jurisdic-
tion and demurrer. ......................................................... 741 Ruling of as to right of conclusion of argument of interlocu. tory questions............................................................. 744 Overruled the plea to the jurisdiction of the Court.................748 Submits to Senate whether each article shall be read in full at
time of voting thereon ............................................748 785 Ruling on point of order by Mr. MeDanieL. ..........................750 Overruled demurrer to sufficiency of articles ......................... 767 Ordered trial to proceed 011 its merits ....................................768 Sustains respondent's objection to certain evidence ............770 Sustains respondent's objection to evidence relating to his acts
of a previous official term ................................................771 Overruled objectio11 of respondent to certain evidence ............ 772 Overruled objection of respondent to copy of document ......... 776 Overruled objection of respondent to reports of his predeces-
sors in office ................................................................778 Overruled respondent's objection to a certain book of records
from ComptrollerGeneral's office ...................................780 Directs respondent to proceed with evidence in his behalf. ......781 Grants five minutes to Managers for consultation ................. 783 Ordered case to proceed ......................................................783 Ordered that the voting should be proceeded with .................. 785 Inquired of reRpondent if he had any reason to assign why
judgment should not be pronounced ............................7!!6 797 Pronounces the judgment of the Court. ...............................797 Approves and signs the journal.. ........................................ 798 Declares the Uonrt dissolved.................... ......................... 7!!8
DI~SOLUTION-
Of the Court .................................................................... 798
JUDGMENTPronounced ...................................................................... 797
JOURNALSApproval of, etc.......................................................... :..... 798
MANAGERS-
Names of Managers announced in House Mcssage .................. 683 Managers announced at Senate door ................................... 684 Managers announced ready to present Articles of Impeach-
ment ............................................................................684 Managers read Articles of Impeachment...............................684 Managers retire from Senate Chamber.................................718

INDEX TO APPE:-!DIX.

88g

i\fanagers received by Senate ............................................. 725 Managers announce ready to proceed with trial.. ................... 725 ~Ianagers request copy of respondent's answer....................... 740 Managers move that the pleas to jurisdiction, etc., be fin;t
determined ......................................................................741 Managers submit question as to right of conclusion ...............744 Mr. Adams opens argument for Managers on plea and de-
murrer.......................................................................... 746 Mr. Hammond concludes for J)Ianagers.................................746 Managers submit replication ....................................... 768 769 Manager (Mr. Hammond) opened argument for State .............76H Managers tender evidence ...........................769 770 771 772 773
774 775 776 777 77H 780
Managers intrOLluce as witnesses: Isaac W. Avery .......................................................... 771 W. A. Wright ...............................................772 775 779 W. P. Anderson .....................................................774 John W. Renfroe......................................................775 V. R. Tommey .......................................................... 775 J. M. Patton .............................................................. 77.'i W. B. Sapp ....................................................... 775 776 Ron. Lewis Strickland................................................. 776
Ron. Parish D: Davis.................................................. 777 lion. George R. Sibley................................................777 Managers announce close of direct evidence ........................ 781 Managers request that the case proceed ................................. 783 Managrr Turner opens and concludes argument on merits of the case........................................................................ 784
MESSAGES-OF HousE-
Reporting adoption of Articles of Impeachment against "\V. L. Goldsmith, Comptroller-Gent ral .................................... 683
Announcing appointment and names of Managers.................. 683
ORDERSDirecting Secretary to inform House as to readiness of Senate to receive the Managers. etc ......................................724 72.5 Of continuance, by Mr. Clarke ............... ."...........................726 Amendment, by Mr. Cumming.................................... 726 727 Amending Hules of Procedure ......................................727 728 Requiring Managers to lle served with copy of respondent's answer ........................................................................ 740 For continuance ......................................................... 740 742 Fixing mode of passing on matters of defence, by lVIr. Clarke. 741 Relating to tim;, allowed for argument of pleas to jurisdiction and demurrer, by Mr. Harrison.......................................744

INDEX TO APPENDIX.
Amendment, by Mr. Stephens..................................744 Reference of order relating to time for argument-on motion
of Mr. Lester............................................................: ..744 Order on time for argument reported by Committee on Rules
of Procedure .................................................................74.4 Amending rules as to mode of deciding plea of j uriscliction
and demurrer, by Mr. Cumming ....................................747 Order that eacll article be called by number at time of voting. 748
749 Prescribing the form of qnestion to be submitted on vote
upon the pending pleas, by i\Il'. Lester ..............................749 Amending proposed order of l\lr. Lester, by ~fr. Clarke .. 749 750
751 As to ca11 of previous queslion, by i\Ir. Hoc1ges .....................759 Amending R11les of Proceclnre, by l\Ir. :iHcDaniel.. .......... 767 768 Amending rule 28, by .l\Ir. Preston.....................................784 Amending rule 22, by l\lL"o Mc:Daniel.. ................................785 Amending rnle 21, by 1\Ir. Lumpkin ....................................788 Prescribing form of judgment, by l\Ir. Lumpkin ....... 794 795 796 Amendment proposed thereto, by l\Ir. Howell ...............794 795 As to reading the journal...................................................798 Dissolving thl' Court.......................................................... 798 ORGANIZATIO:N OF THE COURTDay for organization fixed ............................................718 719 Arrival of time for organization announced by President .......'719 Chief Justice take" tlle oath of office.................................... 719 Cllief Justice assnnws the chair ......................................... ~'19 Senators are qualified .........................................................720 Requests to be excusccL .............................720 721 722 7:?3 724 Orgauizat ion announced complete........................................724
POINT8 OF ORDERBy ~fr. Grantland ...........................................................742 By l\lr. l\IcDaniel. ............................................................750
PRESIDENT OF SEKATEHesponse of to Managers ....................................................718 Announcement of time for organization of Court. ..................719 Hetired from the chair.......................................................719
PREVIOUS QUEI'lTIONOrder in regard to, by Mr. Hodges ......................................759
PROCLAJlATIONlly the Duor-Keeper........................................................684
QUALIFICATIONOf the Cllief Justice.........................................................719 Of Senators.............................................................720 727 Of respondent (to his answer).............................. :739 740

INDEX TO APPENDIX.
QUESTIONS OF PRIVILEGEBy Mr. Clarke (error in stenographic report) ...................748 744
REPLICATIONTo answer of respondent .............................................768 769
REPRESENTATIVESThdr p~esence at Senate door announced............................. 684 Reception of by the Senate ................................................ 684 Retirement of Hepresentatives............................................. 718
RESOLUTIO.NSTo inform House wl:en Senate will be ready to bear Articles of fmpcaclmwnt vs. W. L. GoiLlsa:itb, Comptrolll'rGeneral. ..............................................................................683 Resolution fixing Llay for organization of the Court o Impeachment.............................................................. 718 719 Resolution directing Secretary to notify the House and the Chief Justice .................................................................719 Resolution directiug 8ccrctary to issue summons against respondent, W. L. Goldsmith ..........................................719
RESPONDENTService of respondent shown.............................................. 725 Respondent directed to come iuto Court ...............................725 Appearance of respondent in tile Court .................................725 Repondent elects to be represented botll by llimself and by counsel............ ........... . ....... .... .................................... 725 ArraigHment:ot respondent ..........................................725 726 Respondent waives the reading of tile Articles of Impeachment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 726 Asks continuance.............................................................726 Files his answer...............................................................728 Is qualified to llis answer..............................................739 740 Announces ready for trial.. .................................................740 Respondcmt asks .JontinuaucE'.........................................741 743 Mr. Candler opens argument for respondent on plea to jurisdiction and demurrer......................................................745 Mr. Hopkins concludes the argmuen~ for rcgpondent on plea to jurisdiction and demurrer...........................................748 Respondent objected to certain docnmcutary evidence ............ 770 Respondent objected to certain evidence..............................772 Respondent objected to certain evidence...............................776 Reponclent objected to iutroduction of reports of his predecessors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 778 Respondent objected to a ce;tain book of record from the office of Comptroller-General. ............................~ ............ 780 Respondent reque3tecl to proceed with llis testimony.............781 .Respondent introduces written evidence........................781 782

INDEX TO APPENDIX.
Respondent-resignation of.. .................. : ............ .............. 782 Responden(announces the close of his ca~e .....................783 784 Respondent asks'to be heard by his counsel.. ............. :...........795 Respondent's_statement-by his counsel.. ......................... ."... 797
STATEMENT-
Of Hon. Mr. Turner, of the 7th District.............................723
VOTES OF.SENATEOn request of !Hr. McDaniel to be excused......................720 721 On request of ~1r. HusBell to be excused...............................722 On request of Mr. Candler to be excused............................. 722 On request or Mr. Speer to be excused .................................722 On competency of ~1r. Turner to serve as trior......................724 On call of;articles by their numbers...............................748 749 On appeal from ruling of the Chief Justice on point of order by Mr. McDaniel. .......................................................... 750 On sustaining plea to jurisdiction and demmrer on each article ...................................................................... 751 to 766 Responsive to reqLwst of Chief Justice as to whether he should decide the question of demurrer .............................767 On admissibility of eyideuce as to acts of respondent during his former term of oflice ................................................771 On ruling of Chief ,Justice on admissibility of evidence ...........773 On ruling of Chief Justice as to admissibility of reports of former Comptroller-Generals...........................................778 On:rnling of Cllid Justice as to admissibility of aeertain book from Comptroller-General's office ..................................... ':'80 On article No. 1 ..........................................................785 786 On article No.2 ................................................................ 786 On article No.3 ......................................................... 7t;J 787 On article No. 4............................................................... 787 On article No. 5................................................................787 On article No. 6..............................................................788 On article No. 7..........................................................788 789 On article No.8 .............................................................. 789 On article No. 9..........................................................789 790 On article No. 10...............................................................790 On article No. 11 .............................................................. 790 On article No. 12...............................................................79i On article No. 13 ............................................................791 On article No. 14............................................................7!!2 On article No. 1:3.............................................................792 On article N u. 16 ............................................................. 793 on article No. 17 ............................................................794
WITNESSES-FoR THE STATE-
Col. Isaac W. Avery ........................................................771

INDEX
TO
PROCEEDINGS OF THE HIGH COURT OF IMPEACHMENT
IN TllE TRIAL OF
HON. JOHN W. RENFROE,
TREASURER OF THE STATE OF GEORGIA.

ADMISSION-

Of facts by respondent ...................................................

ARGmiE~T-

Opening of, by Ho11. :'.It. ;\Iilncr for 1\Ianagerg.............. , .. . Op~nell for respondent i.Jy Captain Uenry J ucksun ............ General Henry R. Jacksc>n cuntiDucd the argLlment f,,r rr
s p o n u e n t . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. General Henry H. Jackson suspends !Jis argtliJH;nt l.Jy peril'
siun .................................................................. .. Captain Henry Jaci,,on no<tl~ll:s in l.J~llalf ol re;punde; Geueral Ueary H. J ..LGks.m resntncs aaLl GdllGlllde;
spomlent...................................................... ' Hon. Allen Fort proceeds w;tlt \he a;gumeut itr
Mun~>gers .............................. ,... , ................. , Hon. Albert H. Cox proceeds with co;;clutling ar,
~Iauagers ............................................ ,........ ,

ARTICLES OF 1.\lPEACH.:I-IE~T-

Reading of Articles of Impeachment.. ............, ..'.
I
CHIEF JUSTICE-

Received in Senate..........................................

Takes prescribed oath of office.........................~ .. .

Assumes tlle chair stating purposes of the Court .. ..

Qualitied the Senators...................................... ..

Dnects respondent to Le uoliliccl to come into Con:

Su~Lains oiJjection~ of l\Lwagers to J ,;dge Hall's te

Suhmils question of allmis,iuilily of J ulige Hall's',

to 1::\enale........................................................
01: Qualifies L:lon. Je,,e ell. \Val!.. ......................... ~.\
1:\ubmits inqutry a" to readiness of l:ien:1te to vote

Di~o~f~~lm~ p~~e~a~c~.t~u~n~e~u.t..~.~....?.~...j..~.~.~.~...~.....~.~.:.....~.~.~.:-.~...

............ -
~.~:~:~~~;~. :


\

.

Pronounce,! judgment of acquittal.. .................~fi.:'.

AD.p.:pclraoJ.vtlesstlt.hltleUjoowurL.adli.s.s.o..l.v..e.d.............................................................._.. .. 1

.

...,~ ' '' '

lthJEX TO APPENDIX.
Hon:. W. A. Wright........................ ,.......................772_775 77'9
:M.r. W. P. Anderson........: ................................................m
Hon. John W. Renfroe ......................................................775 'Mr. V. R. Tommey................................................. 775 _Mr.. J. !I. Patton ..................................-...........................775
Mr. W. B. 8app ..........................................................7711776 Hon. Lewis Strickland ....; ................................................776 Hon. Parish D. Davis...... :.......:...... ...:................. ......777 Hon. Geo. R. Sibley..................................................... 777 Mr. W. H. Clarke.......................................................777 Mr. H. W. J. Ham.....................................................777 Mr. L. Carrington............ ..........................................777
blESSES-FoR RESPONDENTHr. Daniel Lott ................................................................781 Mr. Richard Hobbs .......................................................... 781 Mr. F. M. Coker................................................................ 781 Ron. John H. James.......................................................781 Ron. Wm. 0. Fleming......................................................781 .\tr. James M. Goldsmith.,...............................................781