~ .JOURNAL ... .. OF THE s EN A T E .. OF THE . . STATE 'OF GEORGIAY . ,. .. AT TflE Regular gessiou of tbe geueral AssemDly, 1. COMMENCED AT ' Atlanta, Ga.. No'{erl}ber 3, 1880. ~ . ATL \ ~~ t; ~ . ~ W. /1 hJ lll Ull.l ':fht/,:1 }>IU1fl'~: .. . . ~,. . JOlJRNAlh GA.,} SEN ATE CHAMBER, ATLANTA, Wednesday, November 3, 188o, 10 o'clock a. m. The Senate of the State of Georgia convened this day at 10 o'clock a. m., and was called to order by the Hon. Wm. A. Harris, Secretary, in accordance to the requirements of law. The roll was called and the following Senators answered to their names, to-wit: Baggs, Baker, Barksdale, Brown, Bnd, Boynton, Butt. Byrd, <:arter, Curtis, Daniel, Dug~rar, Fouche, -Gorman, Guerry, Harris, Harrell, Hawes, Hackett, Hicks, Jordan, ~lattox, McWhorter, McDaniel, Me!Jrim, Moseley, N<>al. Parks, Payne, Price, Reid, Smith of the 5th, Smith of the 15th, Smith of the 23d, t;tony. Surld>llh, Trealwell, we.;throok, Wilson, Winn. Woodward. Prayer was then offerei by the Rev. John P. Duncan, D. D., The bfoyllroewqiunegstSoenf athtoersSeccarmeetarfoyr.ward, by request of the Secretary, and assumed the oath prescribed by the Consti- tution of Georgia, the same being administered by the Hon. Arthur Hood, Judge of the Pataula Circuit, to-wit: From the First District-Ron. P. W. Meldrim. From the Second District-Ron. R. B. Harris. From the Fifth District-Hon. C. A. Smith. From the Sixth District-Hon. John W. Harrell. Ftom the Eighth District-Hon. James Baggs. From the Ninth District-Hon. A. L. Hawes. """' .. JouRNAL OF THE SENATE, From the Tenth District-Han. A. C. Westbrook. Frou1 the Eleventh District-Han. James G. Parks. From the Twelfth District-Han. J. E. Carter. From the Thirteenth District-Han. Dupont Guerry. From the Fourteenth District-Han. John H. Woodward. From the Fifteenth District-Han. T. J. Smith. From the Sixteenth District-Han. James H. Hicks. From the Seventeenth District-Han J. F. Brown. From the Eighteenth District-Ron. Janes L. Neal. From the Nineteenth District-Han. R. L. McWhorter. Fnm the Twentieth District-Han. S. G. Jordan. From the Twenty-first District-Han. R. L. Storey. From the Twenty-second District-Han. J. H. Baker. From the Twenty-third District-Han. D. A. Smith. From the Twenty-fourth Di:'trict-Hon. W. B. Butt. From the Twenty-fifth District-Ron. W. R. Gorman. From the Twenty-sixth District-Han: Jas. S. Boynton. From the Twenty-seventh District-Han. Henry D. McDaniel. From the Twenty-eighth District-Ho". John S. Reid. From the Twenty-ninth District-Han. J. 'vV. Barksdale From the Thirtieth District-lion. W. H. Mattox. From the Thirty-first District-Han S. H. Moseley. From the Thirty-second District-. :on. W. P. Pri e. From the Thirty-tlurd District-Ron. B. F. Sudduth. From the Thirty-fourth District-' T m. ~ P. Bond. From the Thirty-fifth District-Han. W. J. Winn. From the Thirty-sixth District-Han. J. M. Wilson. From the Thirty-seventl1 District-Ron. W. H. Daniel. From the Thirty-eighth District-Ron. S. M. H. Byrd. From the Thirty-ninth District-Ron. B. F. Payne. From the Fortieth District-Han. W. A. Curtis. From the Forty-first District-Ron, B. C. Duggar. From the Forty-second District-Ron. R. T. Fouche. From the Forty-third District-Ron. S. G. Treadwell. From the Forty-fourth District-Ron. A. T. Hackett. 5 The Secretary having announced the election of a President of the Senate as the next business in order, and that nominations therefor would be received, the Hon Mr. McDaniel placed in nomination for that position the Hon. James S. Boynton, of the Twenty sixth District. There being no other nominations made, the election was proceeded with, and resulted in the unanimous ele.ction of the Hon. James S. Boynton, he having received 40 votes, this being the entire number of votes cast. He was, therefore, declared by the Secretary, to be duly elected President of the Senate. On motion of the Hon. W. P. Price, the Secretary ap pointed a committee of three to inform the Hon. James S. Boynton of his election, and to conduct him to the chair. The Secretary appointed as the committee for this purpose, the Hons. W. P. Price, H. D. McDaniel and P. W. Meldrim. The President, having been escorted to the chair by the committee, addressed the Senate, after which he announced the election of a Secretary as the next business in order, and that nominations therefor would be received. The Hon. Mr. McWhorter placed in nomination the Hon. Wm. A. Harris, of the county of Worth. There being no other nominations for this position, the President directed the election to proceed. On the call of the roll for this purpose, it appeared that the Hon. Wm. A. Harris had received the entire vote cast, the same being 40. So he was declared by the President to be duly and unanimously elected Secretary of the Senate. The Hon. Wm. A. Harris, Secret;try, and the Hons. H. H. Cabaniss and C. ). Wellborn, Assistant Secretaries, assumed the oath prescribed by law, the ~ame being administered by the President. The President announced, as the next business in order. the election of a Messenger of tht: Senate, and that nomi- .. 6 JouRNAL OF THt. SENATE, nations therefor would be received, whereupon the Hon. Mr. Meldrim nominated for that position A. J. Cameron, Esq., of the county of Telfair, and the Hon. Mr. Bond nominated R. L. Duncan, Esq., of the county of Fulton. There being no other nominations, the President ordered the election to proceed. This being done, and the vote being counted, it appeared that A. J. Cameron, Esq., had received 37 votes and R. L. Duncan, Esq., had received J votes. A. J. Cameron, Esq., having received a majority of all the Senators present, he was declared by the Pn:!.ident to be duly elected Messenger of the Senate. The President then announced the election of a Doorkeeper as the next business in order, and that nominations therefDr would be received. L. J. Alred, E-q., of the county of Pickens; J. C. Dun- lap, Esq., and E. C. Murphey, Esq., of the county of Fulton, and GeorgeS. Dent, Esq., of the county of Glynn, were placed in nomination. There being no other nominations, the President directed that the election be proceeded with. On the first ballot, L. J. Alred, Esq., received 15 votes; J. C. Dunlap, Esq., received JO votes, and E. C. Murphey, Esq., received 17 votes. Neither of the candidates having received a majority of all the Senators present, the President ordered the Secretary to call the roll for a second ballot. At this juncture, the Hon. Mr. Meldrim announced the presence of the Hon. E. P. S. Denmark, of the Sevetith District. The Hon. Mr. Denmark, at the request of the President, advanced to the Secretary's desk and assumed the oath prescribed by the Constitution of Georgia, the same being administered by the Hon. Arthur Hood, Judge of the Pataula Circuit. The Secretary then proceeded to call the roll for the NovEMBER 3, 1880. 1 second ballot for Doorkeeper, which resulted as follows: L. J. Alred, Esq., received 21 votes. E. C. Murphey, Esq., received 20 votes. Neither of the candidates having received a majority of all the Senators present, the Secretary was directed to call the roll for a third ballot, which being done, the result was as follows : L. J. <\Ired, Esq., received 27 votes. E. C. Murphey, Esq., received 15 votes. L. J. Alred, Esq., having received a majority of all the Senators present, was, by the President, declared to be duly elected Domkeeper of the Senate. By order of the President, the Senators proceeded to draw for their seats; whereupon, it was ordered by the Senate, on motion of Mr. Me \Vhorter, that the Hon. Mr. Woodward be allowed to make choice of a seat, his hearing being impaired. Mr. McDaniel offered the following resolution, which was read and adopted, to-wit: Resolved, That the Secretary inform the House of Representatives that the Senate has organizeJ by the election of Hon. James S. Boynton, President; of \Vm. A. Harris, Secrrtary; and H. H. Cabaniss and C. J. Wellborn, As- sistant Secretaries; of A. J. Cameron, Messenger; and of L. J. Alred, Doorkeeper. Mr. Parks offered the following resolution which was read and adopted, to-wit : Resolved, That the Rules for the government of the Senate as adopted and of force at the last se~sion of the Senate of Georgia, be, and the same are hereby declared of force, and binding upon .the present Senate, until otherwise ordered. Mr. Fouche offered the following resolution, which was read and adopted, to-wit: . Resolved, That Reporters of the Press be invited to seats on the floor of the Senate. JOURNAL OF THE SENATE, Mr. Parks offered the following resolution, which was read and adopted, to-wit : Resolved, That a committee of three be appointed by the President, to select and present to the Senate, the name of some Minister to serve the Senate in the capacity of Chaplain_ The President, by virtue of this Resolution, appointed as a committee, the Hons. Messrs Parks, Mattox and Moseley. Mr. McDaniel offered the following resolution, which was read and adopted, to-wit: Resolved, That a committee of five, including the President, be appointed to report Rules for the government of the Senate, and that until Rules shall be adopted, the Rules of the last Senate shall be in force. The Committee under the foregoing resolution consists of Messrs McDaniel, Price, McWhorter, Hackett and Mr. President. Mr. Denmark offered the following joint resolution, which was read and adopted, to-wit: Resolved, by the Senate and House of Representatzves, That a committee of two from the Senate and three from the House of Representatives be appointed to wait on His Excellency the Governor, and inform him that the General Assembly is now organized, and ready to receive any communication from him. The President appointed as the committee under the foregoing resolution, Messrs Denmark and Westbrook. 1\lr. Parks, chairman of the committee appointed to select and report to the Senate a Minister to serve as Chaplain, made the following report, to-wit : Mr. President: Your committee, to whom was assigned the duty of selecting a Chaplain for the Senate, beg leave to submit the following report: After consulting together, and conferring with a number NoVEMBER 3, t88o. 9 -of the Senators to their wi3hes, we herewith present the name of Rev. John P. Duncan, D. D., as a suitable person to fill the position of Chaplain, during the present session -of the Senate. Respectfully submitted. }AMES G. PARKS, W. H. MATTOX. S. H. MosELY. Chai'tman. The foregoing report was unanimously adopted. On motion of Mr. Smith, of the Fifteenth District, the Senate proceeded to the election of a President pro tem. The President declared that nominations would be re-ceived for this position, when Mr. Smith, of the Fifteenth District, nominated Hon. P. W. Meldrim, of the First District, and Mr. Payne nominated the Hon. W. P. Price, of the Thirty-second District. There being no other nominations, the Secretary proceeded to call the roll for the election of a President pro tem., with the following result: The Hon. P. W. Mildrim, of the First District, received 14 votes. The Hon. W. P. Price, of the Thirty-second District, received 23 votes, and the same being a majority of all the Senator3 present, he was declared, by the President, duly .elected President pw tem. of the Senate. Mr. Daniel offered the following resolution, which was read and adopted, towit: Resoh,ed, That the hour of meeting of this body be 10 o'clock a. m., and the hour of adjournment 1 o'clock p. m., until ordered otherwise. The hour for adjournment having arrived, the President \th, Treae various State institutions. I cannot forbear a few words of earnest commendation of these branch colleges. Their remarkably successful establishment in so short a time, and the good they are doing, constitute the best practical commentary upon the sagacity and public spirit that insoired them. The North Georgia College, last July, commissioned 79 young men and women to teach in our State schools, and reliable returns show that the teachers sent out from this institution instructed in the fall of 1879 no less than 5,000 children. The college at Thomasville was not organized until September, 1879, and it now has 4 teachers and 177 pupils. The citizens of Thomasville raised $7,000 by private subscription, and invested it in connection with the campus and buildings of the old Fletcher Institute, generously given by the Methodist Church. This college has received $2,000 from the Trustees of the State University. The college at Milledgeville was organized in January, I8'lo, and the old State Capitol utilized for the purpose. With only $1,200 of State money, this institution has employec;l Io teachers and instructed 385 children. This college will get $2,000 for the year from the Trustees of the State University. The college at Cuthbert began work Septem her I 5, I 879, and has had 4 teachers and I 87 children. The co!Jege property consists of good buildings and real estate, which formerly belonged to the Bethel Female College and the Cuthbert Male High School. In view of the valuable work effected in the great cause NOVEMBER 4, 1880. 17 of education by these institutions, I submit to the General Assembly the question, whether the public inerest cannot be substantially subserved by some judicious method of aid and encouragement to these colleges. THE DEPARTMENT OF AGRICULTURE. The report of the Commissione~ of Agriculture is espedally interesting, and shows valuable results. The duty of protecting our farmers from inferior fertilizers is very im portant. The statistics show that during the season of 1879-80, there were 119,583.06 tons of commercial fertilizers inspected in the State. This was an increase of 34.5 34 tons over the previous year. Of these, 104,838 tons were ammoniated superphosphates, and 13.906 tons were acid phos phates. The number of brands of fertilizers was I 82 for this year, against 162 last year. The amount of money received from the inspection of fertilizers was $58,791.5 3. and the cost of inspection was $10,353.17, leaving a balance of $49.438.36 of revenue from this source that went into the Treasury. Of the $10,353.17 of cost, however, $841.79 was paid on previous account. The Commissioner recommends a revision of the laws relating to the inspection and analysis of fertilizers on account of their ambiguity and the impracticability of executing some of the requirements. The Commissioner also recommends that the surplus of money from the inspection of-fertilizers be used in establishing an experimental farm. The Department has issued 148,ooo copies of circulars and crop reports, and has now in press a ' :.\Lmnal on ,.. Cattle," for distribution. The Commissioner includes in his report the report of the Superintendent of Fisht:ries of Georgia. In June, over one million of young shad, received from the United States Commissioner of Fisheries, were placed in the Oconee, 2 18 JouRNAL oF THE SENATE, Ocmulgee and Chattahoochee rivers. A small numher of German carp were also distributed for ponds. The Superintendent recommends a reasonable appropriation to carry on the work of stocking our rivers with fish. The Commissioner of Agriculture calls attention to the gratifying fact of the advance in the agricultural prosperity of the States, to improvement in home comforts on the farms, to the general introduction of improved implements and machinery, and improved methods of culture. Steam power has been largely utilized on the farms, especially in running cotton gins. An increased demand has been made for improved seeds. Thoroughbred cattle and sheep have been bought. The dairying interest has received a decided impetus. Local agricultural organizations have been instituted in greater numbers, and there seems to be a general and practical interest taken by the farmers in the Department of Agriculture. THE STATE FREE SCHOOL SYSTEM. The report of the State School Commissioner shows that in the last year the attendance upon the white schools was 145,000, and colored schools 79,000, making a total of 224,ooo, being an increase of 14.000 over the year 1878. The Commissioner gives the attendance since the inauguration of the school system in 1871, and the figures exhibit the .gratifying fact of a steady growth of the system in each year. In I87t,whitepupils,42.914; colored.6,664; total, 49,578. In 1873, white, 63,922; colored, 19.755; total, 83,677; increase,34.099 In 1874, white, 93,167; colored, 42,374; total, 135,541 ; increase, 51,864. In 1875, white, 105990; colored, 50,358; total, 156.394; increase, 20,808. In 1876, white, 121,418; colored, 57,987; total, 179,40). increase, 2~,01 1. In 1877. white, 128,2g6; colored, 62,330;' total, 196,626; increase, 11,221. In 1878, white, I3J,2IJ; colored, 72,655; total, 209,872; increase, 19,246. The total number of children of school age is 433,444. The NovEMBrR 4, 1880. net amount appropriated in 1879 for the schools was $I55,264.31. In 188othe amount was$185,789.54 The increase in 1880 was due to the liquor tax, a half year's yield furnishing $35,000. The poll tax is to be added, which is retained in the counties. In 1879 the net poll tax collected was $160,484.35 The whole amount estimated for the public schools for x88o will be $376,000. Certain cities anci counties, under local laws, raise by local taxation for school purposes about $150.000 yearly, making the whole sum, which will be annually raised by the present laws for free education, $526,ooo. The Commissioner recommends 3: number of methods for increasing the school fund, to which legislative attention is directed. The sum of $300,000 has supported the public schools in the different counties for periods varying from one and a half to three months of the year. The steady increase in the attendance at the public schools demonstrates the growing popular appreciation of them and their en- hancing utility. I trust that some means may be devised to strengthen this powerful instrument of State progress. THE ATTORNEY GENERAL'S REPORT. The report of the Attorney-General includes the opera tions of his department since 1878. In 1874, an act was passed by the Legislature taxing the property of all the railroads in the State as other property of the citizens is taxable. Many of these corporations claimed that they were entitled by their charters to a limited, prescribed rate of taxation, and that it was a violation of the contract made with the State to attempt to impose a higher rate. The rate prescribed in their charters was generally one-half of one per cent. upon their net income. The object oi the act was to test the right of the State to tax the railroads beyond the limits prescribed in their charters, and a method was prescribed by that act by which the railroads could avail themselves of all the privileges conferred by their 20 JouRNAL OF THt<.: SENATE, charters. Suits were instituted after the passage of that act against most of the railroad companies for taxes due under that act during the term of my predecessor; and while taxes were collected against those roads which had no chartered exemptions, yet in most of the leading lines of this State, the deci~ions of the courts, either of this State or the Supreme Court of the United States, were adverse to the right of the State to recov<.:r any taxes beyond its chartered rate. These ji. fas. were generally for taxes due for the years 1874 and 1875. Still, the Legislature, by re-enacting the act of 1874only amending it-continued to impose the tax, and made it the duty of the Exec.utive to enforce it, if pqssible, under the law. The Attorney-General called my attention to these acts, and suggested that if new suits were instituted against the railroads, a decision might be obtained from the courts, either declaring these exemptions unconstitutional or else materially modifying them. General Toombs, who had been employed in the suits arising under the ft. (as. for the years 1874 and 1875, was also employed at the suggestion of the Attorney General to aid him in re-opening this litigation. The Comptroller General, whose duty it was un- der the law to issue the .ft. fas., declined to do so, on the ground that under the decisions of the courts, no taxes were due by the roads beyond their chartered rates, unless an Executive order was issued requiring him to do so. This order was accordingly given, and the .ft. fas. issued. The report of the Attorney General will show the result of that reopened litigation, and that from this source, apparently closed, there has been collected for the State the handsome sum of $216,683.27. These collections embrace taxes from the railroads for the years 1874 and 1875, as well as subsequent years, with interest thereon from the time when due. A principle has been established which NOVEMBER 4, I 880. 21 will result in bringing a large amount of revenue into the State Treasury annually from this source. The Attorney General recommends some legislation in connection with the tax on certain roads, to which special attention is called. The Attorney General further recommends that, in order to secure a proper return of the taxable property of railroads, the duty of determining what taxes the roads should pay, should be devolved by the Legislature on the Railroad Commission instead of the Comptroller General. A very important case is now pending, which involves the constitutionality of the act creating the Railroad Commtsston. A bill was filed by M. K. Jessup, surviving trustee of the bondholders, for the old Atlantic & Gulf Railroad, in the United States Court, to restrain the Commissioners from executing the act to regulate tariffs. Judge Bradley dismissed this bill, when a second bill was filed by one of the stockholders of the Savannah, Florida & Western Railroad Company, which succeeded the old Atlantic & Gulf Railroad Company, and a preliminary injunction has been granted, and the case is now pending. As the case is one of importance, I retained General Toombs and :Messrs. Mynatt & Howell to assist the Attorney General, and have paid them a portion of their fee out of the contingent fund. I respectfully call the attention of the General Assembly to the case, and to the employment of assistant counsel, and request that an appropriation be made for paying their fees. In conformity with a resolution of the General Assem- bly, ft. jas. were issued against John \V. Renfroe, Treas- urer of the State, and his sureties, for certain moneys received as interest on the public funds. Bills were filed in these cases by the defendants, and injunctions granted, and the cases are now pending. In the case of the State against John Jones, Treasurer, and John T. Grant and C. A, Nutting, sureties, a judg- 22 jOURNAL OF THE SENATE, ment was obtained for $96,000, dated May 23, 1879 A motion was made to set aside the judgment. The suit was instituted during the term of my predecessor, by the Attorney General, Hon. N. ]. Hammond, and Gov. Smith employed to assist him Gen. R. Toombs, Messrs. McCay & Trippe, Col. Willis A. Hawkins and Mr. Wm. T. Newman. All of these able lawyers advised the acceptance of $35,000 offered in compromise by Mr. Grant. The tax books showed the available property of Mr. Grant to be about $62,000, on which there was a mortgage of $22,000 made prior to the judgment. This left but $40,000 property to cover the judgment. Mr. Grant urged, and some of the State's counsel conceded, that he gave the bond to serve a temporary purpose, deemed important for the pub lic service, and thought that the new bond given was legally a substitute for his bond. This constituted a strong, equitable reason for accepting the compromise. Under the circumstances, I felt that I had no alternative except to act upon the unanimous recommendation of the counsel for the State, and accept the $35,000 as the best thing for the State's interest. This offer was accepted pending the motion to set aside the judgment. The Supreme Court afterwards decided in favor of the State, but the decision would not have increased the chances of a larger recovery. THE MACON & BRUNSWICK RAILROAD. The General Assemhly passed an act, which was approved September 3, 1879, authorizing the lease of the Macon & Brunswick Railroad, with the privilege by the lessees of purchasing the road for $I,I25,000. On the 16th of September, I ~79, the road was advertised for lease as directed by the act, the lease to be made at public outcry, in Macon, on Thursday, the 6th day of November, between the legal hours of sale. The road was put up on the said day, and the bidding was not finished when the legal hour of sale had closed, while in the confusion and NovEMBER 4. I88o. 23 -rapidity of bids as the clock struck, it was impossible to .decide whose bid was entitled to the lease, and the highest bid obtainable had not been offered. The sum of$ 176,000 In was bid as the yearly rent. conformity with the law, the road was readvertised for lease on the 18th day of November, 1879, in Macon; the lease to be made on Tues- day, the 13th day of January, 188o, in the legal hours of sale, and to continue from day to day until made. The road was knocked down to Mr. James M. Couper, representing a company of capitalists, for the sum of $19 ~.ooo rental, and the $10,000 required by the act was promptly paid. In concluding the ne6otiations, the lessees offered to purchase imm~diately, and desired an unconditional war- rantee deed to the road, which I did not feel authorized to giv.:: in behalf of the State. After some delay, the lessees consented to receive the road under a deed accompanied with an explanatory document that no warrantee was given, save such as was authorized by the law of the lease and the general laws of the State. On the 28th u1.y of Februa- ry, Jli~o. the lease and s:de were concluded, and the ro:J.d transferred to Jas. M. Couper, Geo. H. Hazlehurst, A. J. La11e and W. M. Johnston, as les~ee~ first, and afterwards as purchasers. All of the provisions of the law were com- plied with. The sum of $250,000 in 4 per cent. bonds of the State of Georgia was p:1.id by the purchasers, and the title transferred. The purchasers have already begun to survey a route for the extension of the road from ,\lacon to Atlanta, as required by the act, within twelve months after the execution of the lease. The act has been fully executed, the sale of this valuable property having been effected to a strong company, finan- cially responsible, and in every way legally bound to carry out to the letter, the law of the purchase, and I have every reason to believe they will comply with their obligations. The Directors of the Macon & Brunswick Railroad make their final report of their management of the road from 24 JouRNAL OF THE SENATE, September 30, 1878, the date of their last report, to February 29, 188o, when they turned over the road to the lessees and purchasers. The earnings during this period were $638,73L36, and the expenses $4g6,246.35, leaving balance of ,$J42,484.9I. The road has paid into the Treasury during these seventeen months $164,608.12, which in eludes some of the earnings previous to October, 1878. Considerable addition was made to the equipment of the road, including engines, cars and rails. The Directors refer to the reduction of the net income received by the State from the road by several large amounts paid since the road was seized by the State in 1873, including $g7, 7SI6 of fare bills of the old company, ,$1 I,585.06 of old mortgage bonds, and $14,041. 6o of f1 eight balances lost, due by the Atlantic & Gulf Railroad of freight balances. The Directors have been engaged, under Executive direction, since the sale of the road, in winding up the unsettled business, a portion of which still needs some attention, but is in process of settlement. MACON & BRUNSWICK RAILROAD COUPONS. The last General Assembly passed a resolution approved October 17, 1879, requesting the Governor to investigate and report to the next General Assembly about the validity of certain coupons due on or before January I, 1873, of the Macon & Brunswick Railroad endorsed bonds. I have to report to the General Assembly, in response to this resolution, that the coupons referred to were coupons of the first mortgage bonds of the Macon & Brunswick Railroad endorsed by the State. Governor Smith seized the road on account of the non-payment of the interest of the road, July, 2, 1873. The interest was due July 1, 1873. The Legislature of 1875 passed an act authorizing the issue of $540,000 of bonds to pay the back interest on these and other bonds, and June 23, 1876. Governor Smith gave an order to the Treasurer, which appears upon the min- NOVEMBER 4. I 8~0. 2) utes of the Executive Department, which contains these words: ''In paying off the coupons of the $L950,000 Macon & Brunswick Railroad rec0gnized and endorsed Ist mortgage bonds, you will be authorized to accept and pay those only which matured July I, 1873, and to July I, 1876, inclusive." The exclusion of the coupons due before July I, 1873J was based upon the followit;g considerations: The Governor, under the law authorizing the endorsement, approved December 3, 1866, was required when any bond or bonds endorsed by the State, or the interest due thereon, shall not be paid by said railroad company at maturity, or when due, to seize the road upon information of such default by any holder of said bond or bonds, and apply the earnings of said road to the extinguishment of said bond or bonds or coupons. The first information given by any holders of said bonds of default in payment of interest, was on the 2d day of July, I873, of default of the interest due July I, 1873; and upon this information the road was seized. No information was given of default in the payment of any interest due before this time, and the Executive had, therefore, no chance to protect the State's interest, if there was such default; and the act authorizing the endorsement only provided for the application of the earnings of the road when seized by,the State to the extinguishment of said bonds or coupons in default of the payment of which the road was seized. The coupons due on or before January 1, I873, of the Macon & Brunswick Railroad endorsed bonds, were excluded from payment under the Executive order of June 23, 1876, quoted above, as not being valid and binding claims against the State, the holders losing their right by their failure to inform the Governor of the default; the State, by this failure to give notice of the default, losing the opportunity to protect its interest. It would be a difficult and tedious task to ascertain the JouRNAL OF THE SENATE, facts about the holders of these coupons, and when and from whom they received them. Under the present construction of the law, they are not valid claims against the State. The facts as ascertained are respectfully reported to the Gent::ral Assembly for such action as is deemed proper. THE DEAF AND DUMB INSTITUTE. In 1879 there were 67 pupils, and in 1880, 64 in the State Deaf and Dumb Institute. Of these there were 43 males and 24 females the first year, and 32 males and 32 females the second year. In 1879 the receipts of the Institute were $15,641.94, including balance of $r, 135.80 from the previous year, and the amounr paid O'Jt was $I5.010.07. In I88o the receipts were $r6,g6g.87, and the expenses 14,616.I8, leaving a balance July I, r88o, of $2,341.69. The Superintendent calls attention to the fact that the accommodations are very crowded. no additions having been made to buildings that were first used for 40, and now are used for 65 pupils. There is an absolute neces~ity for an enlargement of the buildings. 'Some r 5 applications from colored mutes have been made for admission to the benefits of the Institute. The Trustees furnish a statement of the treatment given by other States to their deaf and dumb, and they show that Georgia is the lowest of all the States in the general appropriation for these unfortunates. Attention is called to the recommendatious of the Superintendents and Trustees. ACADEMY t-OR THE' BLIND. The year from October, 1878, to October, 1879, was the twenty-eighth year of the Georgia Academy for the Blind, and the expenditures amounted to $9,624.26. The whole number of pupils in attendance was 66, and the average monthly attendance was 5~. The per capita cost of each NovEMBER 4, r88o. pupil was$I6593 For improvementsandrepairs$3,300.03 were expended. During the year from October, 1879, to October, 1880, the twenty-ninth year of this Institution, the number of pupils was 57, the State appropriation $12.000, and the expenditure by the Principal for the maintenance, salaries, etc., wal> $I o, 340.84. THE RAILROAD COMMISSION. The report of the Railroad Commissioners has not been prepared for the Executive, on account of the illness of Col. Barnett, to whom was specialty deputized the prepa- ration of the report. I am informed that the report is being prepared, and I will lay it before the General Assem- bly as soon as completed. ' COMMISSIONER OF LAND AND IMMIGRA1 ION. Under an act approved October I 7, I879, I appointed Mr. Francis Fontaine State Commissioner of Land and Immigration-an office without emolument from the State. The Commissioner entered immediately upon the discharge of his duties, opening two offices, one in New York and one in Atlanta, instituting an extensive correspondence in this country and in Europe, and printing circulars and pamphlets to disseminate information of our soil, climate, productions and resources. His expenses, including the cost of his living, he reports at about $2, sao, while hi~ fees have altogether, agg-regated about $100. Agents have been appointed North and in Europe. The matter of immigration has been practically inaugur;1ted, and informativn learned as to the proper methods to succeed with it. The Commissioner reports very fully his experience, and presents an interesting and instructive paper, furnishing valuable anci detailed information on this most important subject. He concludes that the best plan to get immigrants for Georgia is to obtain them in Europe, and bring them 28 JouRNAL OF THE SENATE, direct to the State by steamship to Savannah, distributing them by our own railroads. He suggests that the following changes be made in the act: A fixed salary and an office at the capitol, in Atlanta for the Commissioner; a salary for one secretary; office rent and fixtures provided for in the city of New York, if that office be continued; a fixed sum provided for printing, stationery, postage, etc., and authority to make contracts of a business n~ture with applicants for labor, under certain limitations, in order to defray the expense of agents in such cities e>r countries in Europe as circumstances shall warrant, subject to the approval of the Governor or Bureau of Immigration, if such a bureau be constituted. If immigr~tion is to be encouraged, the fact must be recognized that the State must incur some expense to obtain its benefits. If additional labor is needed to develop our mineral deposits, to cultivate our idle land, and to run manufactories, we must go to work practically to get it. Mr. Fontaine has made a good beginning, and attention is directed .to the record of his labors, as containing the germ of what seems to be the most feasible plan to secure such immigration as we wish and need. The matter is commended to the careful consideration of the General Assembly. PARDONS. I submit, in accordance with the requirement of the new Constitution, a list of the pardons granted by me since the date of my message to the last General A!>sembly, giving the particulars in each case of Executive clemency. MAIMED SOLDIERS. The last General Assembly passed an act carrying into operation the last clause of paragraph 1, section I, article 7 of the new Constitution to supply the soldiers who lost a limb in the service of the Confederate States with substantial artificial limbs during life. The method of proof was NovEMB~ R 4, 18~o. submitted to the Attorney General, who prepared carefully a system of blanks for use. The soldiers were required to make affidavit of the facts entitling them to the aid of the State, and to support their claim by the affidavit of a com- missioned officer of their company. or if there was none, by the affidavits of three responsible citizens to the facts, and these affidavits were required to be attested by officers holding their commissions from and recorded in this office. A certificate under official seal from the Ordinary of the county where the applicant lived was finally exacted as the identity of the applicant, and his witnesses and their re spectability to complete the proof. The blank forms were sent to the Ordinaries of the different counties for distribu- tion among the maimed soldiers, and the great bulk of the applications were sent direct to the Comptroller General, who kindly consented to take the trouble of drawing and remitting the money. Thus every effort was made to guard against fraud, while affording every facility to the poor soldiers to secure their money with as little expense and trouble as possible. The sum of $6g,_~70 has been paid out on this fund to g6o maimed soldiers. In spite of every effort to prevent it, ~orne parties in Atlanta forged the seals of the Ordina- ries of several distant counties, and presented some bogus appliLations very skillfully gotten up, and thereby drew a small portion of this fund. But the duplication of a name led to inquiry, and resulted in the discovery of the fraud. The matter was promptly put in the hands of the Solic- itor General of the Atlanta Circuit, and the parties were arrested and indicted, and one of them has been convicted. S rATE DEPOSITORIES. Under the act of the General Assembly, approved October I 6, I 879, I appointed as State depositories the following banks, each under a good bond of Siso,ooo, as required by the law, namely-the ' Central Georgia Bank," 30 JOURNAL OF THE SENAI E, of Macon; the ''Citizens' Bank of Georgia," of Atlanta; the ''Southern Bank of the State of Georgia," of Savan- nah; the "Eagle & Phcenix Manufacturing Company," of Augusta; the " Bank of Rome," of Rome; the " La- Grange Banking & Trust Company," of LaGrange; the "Georgia Railroad & Banking Company," of Augusta; the "Bank of the University," of Athens; the ''Bank of Americus," and the ''Griffin Banking Company." These depositories agreed to furnish all exchange free of charge, and each to take, if required, its proportion of 4 per cent. bonds at their par value, and thus preserve the credit of the State. GEORGIA's MINERAL lembly, approved August 15, 1879, consisting of the Governor, the President of the Senate and Speaker of the House of Representatives, to see that a good title is conveyed by the city of Atlant:l, to the State of Georgia, for a Capitol site, and to adjust the proposal to build a Capitol. (Signed,) ALFRED H. CoLQUITT. NovEMBER 5, 188o. 39 To the Gmeral Assembly of the State of Georgi'a : In accordance with a resolution of the Legislature, 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, approved August 15, 1879, we have examined the title to the City Hall lot, mentioned in the said resolution, and find that the site to said property is 'Unincumbered. \Ve have accepted from the Mayor and Council of the city of Atlanta, for the State of Georgia, a conveyance of the said property, in fee simple, and have filed the same in the Executive office. The said Mayor and Council, having failed to offer to the State any other property in addition to the City Hall lot, we have not been called upon to investigate any other title, but in pursuance of the 4th section of said resolution, we have estimated the value of the old Capitol buildin):{, at Milledgeville, at the sum of $:15,000, and have submitted it for acceptance to the said Hayor and Council, but at the date of this report, they have not signified their willingnes5 to pay the said sum in satisfaction of the proposal mentioned in the resolution. Respectfully submitted. , ALFRED H. COLQUITT, Governor. RUFUS E. LESTER, Prestdent of the Senate. AuGusTus 0. BAcON, Speaker House of Representatves. The Senate, on motion, adjourned until 10 o'clock, a.m., to morrow. 40 JoURNAL OF THE SENATE, SENATE CHAMBER, ATLANTA, GA., } Saturday, Novembn 6, 1880, 1o o'clock, a. m. The Senate met pursuant to adjournment, the President in the chair. Prayer was offered by the Chaplain. On the call of the roll, the following Senators answered to their names, to-wit : Baggs, Baker, Barksdale, Br wn, Bond, Butt, Byrd, Carter, Curtis, Daniel, Dtnmark, Duggar, Fouche, Gorman, Guerry, Harris, Harrell, Hawes, Hackett Hicks, ' .Jordan, Johnson, King, McDaniel, Mattox, McWhorter, Meldrim, Moseley, NPill, Parks, Payne, Price, Reid, Smith of the 5th, 1::\mitb of the 15th, Smith of the 23d, Storey, Suddath, Trt>adwell, Wilmn, Winn, Woorlward, MR. PRKSlDENT. The Journal was read and approved. Mr. McDaniel, from the Committee on Rules, made the following report, to-wit: Mr. President: The Committee on Rules recommend the adoption of the rules of the last Senate, with the following amend- ments: 1. To amend Rule 19, by inserting after the words, ''on internal improvements," the words, "and railroads." 2. By striking out the words, "on railroads." 3 By striking out the words, ''on local and special bills." ' 4 By adding "on rules." The committee recommend that two hundred copies of the rules be printed for the use of the Senate. On motion of Mr. McDaniel, the rules were suspended, and the report of the Committee on Rules was taken up and adopted. NovEMBER 8, 1880. 41 The following message was received from the House of Representatives through Mr. Hardin, the Clerk thereof: Mr. President: The House of Representatives has concurred in the joint resolution of the Senate to appoint a joint committee to make suitable arrangements for the inauguration of the Governor elect, on Tuesday next, at 12 o'clock m., and has appointed on the part of the House, Messrs. Adderton, Jackson, of Carroll, Wingfield, Wright and Anderson. Mr. Byrd offered the following resolutirm, which was taken up, read and adopted, to-wit: Resolved, That the President of the Senate appoint a Special Committee on Immigration, to consist of five members. Mr. Winn offered the following privileged resolution, which was taken up, read and agreed to, to-wit : Resolved, That the thanks of this Senate be, and are hereby, given to Mr. Emmett Womack for the list of Judges and .Solicitors General which he has )<:indly furnished us. There being no further business upon the Secretary's. desk, the Senate, on motion of Mr. Hackett, adjourned until 10 o'clock a. m., Monday. SENATE CHAMBER, ATLANTA, GA., } Monday, November 8, 1880, 10 o'clock a. m. The Senate met pursuant to adjournment, the President in the chair. Prayer was offered by the Rev. J. W. Heidt. On the call of the roll, the following Senators answered to their names, to-wit: JOURNAL OF THE SENATE, Baggs, Baker, B~rksdale, Brown, Bond, Butt, Bvrd, Citrler, hundred copies thereof ordered to be printed for the use of the Senate. Mr. McWhorter offered a joint resolution instructing the Committee on Rules of the Senate and House of Representatives to prepare and report rules for the government of the two Houses when sitting as a General Assembly. The same was taken up, read, adopted, and ordered to be transmitted immediately to the House of Representatives. On motion of Mr. Meldrim the rules were suspended" when the Senate took up and adopted the report of the Joint Committee on the Inauguration Ceremonies. The same was ordered to be transmitted to the Senate without delay. Mr. Hackett offered the following resolution, to-wit: Resoh,ed, That the !Ion. J. C. Clements, member elect to the Forty seventh Congress of the United States, from JOURNAL OF THE SENATE, the Seventh Congressional District of Georgia, be invited to a 5eat on the floor of the Senate during his stay in the city. The same was amended by extending its provisions to the Hons. John C. Nicholls, George R. Black and Henry Persons, members of Congress, and the Hon. Samuel Hall. On motion of Mr. Hackett, the Senate took a recess of thirty minutes, at the expiration of which period the President called the body to order, and announced the following as the Standing Committees thereof, to wit: ON THE JumciARY.-Hons. H. D. McDaniel, Chairman; W. P. Price, R. T: :B'.ouche, A. T. Hackett, W. B. Butt, Dupont Guerry, P. W. Meldrim, W. J. \Vinn, A. L. Hawes, W. H. Daniel, E. P. S. Denmark, J. G. Parks, J. H. Woodward, B. F. Payne. ON FINANCE-Ron. R. T. Fouche, Chairman; Hons. A. C. Westbrook, W. H. Mattox, 'vV. D. McDaniel, J. J. L. Reid, J. E. Carter, J. H. Woodward, J. W. Barif the joint committee on the subject of elections by the present General Assembly, submitted the following supplemental report, which was read and made the special order for Wednesday, the 10th inst., immediately after the reading of the Journal, to-wit: To tlze President of tlze Senate and Speaker of tlte House of Representatives: Your committee, appointed by the joint resolution, directing them to ascertain and report what public officers are to be elected by the present General Assembly, and to suggest a suitable time for such elections to come on, ask leave to supplement thrir report heretofore presented, by adding the following thereto, to-wit: A Solicitor for the Cherokee Judicial Circuit is to be elected to fill the unexpired term occasioned by the resignation of the Hon. A. T. Hackett, said term to expire January I, A. D., 1881. Also, a Solicitor General for the Northern Judicial Circuit, to fill the unexpired term of the Hon. Seaborn Reese, resigned. Respectfully submitted. }AMES G. PARKS, Clzaz"rman. c. A. WESTBROOK, w. P. MELDRIM, Commz'ttee on part of Senate. H. D. D. TwiGGs, ARTHUR H. GRAY, A. L. MILLER, Committee on part of House. NovEMBER 9, 18!lo. 53 The following message was received from the House of Representatives through Mr. Hardin, the Clerk thereof: Mr. President : The House of Representatives has adopted the following resolution, and asks the concurrence of the Senate therein, to-wit: A resolution asking for the appointment of a joint committee to confer wi~h a committee already appointed by the Mayor and General Council of the city of Atlanta, to take in charge on the part of said city the matter of erecting a Capitol building on the lot dedicated by the city to the State. Also, that the House has concurred in the Senate resolution, directing the committees on rules of the Senate and and House of Representatives respectively, to report Rules for the government of the two Houses in General Assembly. The House has also adopted the report of the joint committee to make arrangements for the inauguration oi the Governor. The House has also adopted the resolution reported by the minority of the committee to ascertain and report what officers are to be elected by this Ger.eral Assembly, and to suggest a time when said elections shall begin, and the order in which they are to be held, in which they ask the concurrence of the Senate. Mr. Guerry offered the following resolution, which was ready and adopted, to-wit: Resolved, That the Revised Rules be reprinted in more durable form, and with standing committees attached. On motion of Mr. Butt, the Senate took a recess for 30> minutes. At the expiration of the recess, the President called the Senate to order. The following message was received from the House of 54 JOURNAL OF THE SENATE, Representatives, through Mr. Hardin, the Clerk thereof, to-wit: Mr. Ptesident : The House of Representatives has concurred in the Senate resolution authorizing the Commissioner of Agriculture to occupy the rooms in the Capitol, recently occupied by the post office, and the State Board of Health, nntil otherwise provided. Mr. McDaniel submitted the following report, which was taken up, read, adopted and o1dered to be transmitted at once to the House of Representatives, to-wit: Mr. President: The Joint Committee on Rules of the Senate and House of R~presentatives beg leave to submit the following Rules for the government of the General Assembly when convened in joint session, to-wit:. 1. The time of the meeting of the two Houses in joint session shall be determined by the concurrent resolution of the Senate and House of Representatives, except where provided by law. 2. At the hour determined by the concurrent resolution, the Senate shall repair to the Hall of the House of Representatives. 3- The President of the Senate shall preside, and announce that the General Assembly is in joint session, and cause to be read the resolution convening the same. He shall put all questions to the body, and decide all questions of order. An appeal may be taken from any of his decisions to the whole General Assembly. 4 The Speaker of the House shall sit on the left of the President of the Senate. 5- In announcing a candidate, the mover shall not make any commendatory or other remarks. 6. No debate shall be in order, except as to questions of order. NovEMBKR 9, I88o. 55 7 No motion to adjourn shall be in order. In lieu 1:hereof, there shall be the motion to dissolve the joint ses- sion, which shall be in the form : "That the joint session of the General Assembly be now dissolved," or, "That the joint session o: the General Assembly be now dissolved to be reconvened at a time named." The latter motion shall have precedence of the former. 8. The motion to dissolve the joint session, either inf the Senate, under the foregoing joint resolution, Messrs. Hawes and Winn. On motion of Mr. Winn, the Secretary was directed to 6o JouRNAL oF THE SENATE, communicate to the House of Representatives the action of the Senate on said joint resolution. Mr. McWhorter, 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, Speaker of the House of Representatives, and Governor, the following Senate resolution, to-wit : That the ,CommiFsioner of Agriculture be, and is hereby,. authorized to occupy the rooms in the Capitol recently occupied by the Postoffice and the State Board of HealthJ until otherwise provided. The President announced as the Committee of the Senate on Immigration, the Hons. Messrs. Westbrook, Chairman; Gorman, Mattox, Meldrim, Suddath. There being no further business on the desk of the Secretary, the Senate, on motion, adjourned until 10 o'clock,. a. m., to-morrow. SENATE CHAMBER, ATLANTA, GA., } T!mrsday, November I 1, I 88o, 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: Bagg~. Baker, Barksdale, Brown, Bond, Butt, Byrd, ()artcr, Curtis, Daniel, Denmark, Dagger, Fouche, Gorman, Harris, Harrell, Hawes, Hackett, Hicks, Jordan, Jf>hnson, King, McDaniel, Mattox, McWhorter, Meldrim, Moseley, Neal, Parks, Payne, Prioe, Reid, Smith of the 5th, Smith of the 15th,. Smith of the 23d, Storey, Suddath, Treadwell, . Westbrook, Wilson, Winn, MR. PRKSIDBNT. NovEMBER I I, I88o. 61 The Journal was read and approved. A portion of the testimony in the contest of the Hon. W. R. Gignilliatt for .the seat of the Hon. R. B. Harris, of the Second District, was laid before the Senate by the President. On motion of Mr. Price, the same was referred to the Committee on Privileges and Elections. 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 Judiciary, to-wit: By Mr. Mo!>eleyA bill to repeal an act entitled an act to create a County Court for the cuu11ty of Habersham, and for other purposes. By Mr. PayneA bill to regulate the time of holding Justices' Courts by the Ordinary of each county. By Mr. StoreyA bill to confer additional powers upon the Tax Collectors of the several counties of the State, and to make said Tax Collectors ex-o.ffido Sheriffs in certain .cases, and for other purposes. By Mr. WestbrookA bill to regulate the sale of intoxicating liquors in militia districts where the qualified voters so determine. Mr. Harrell introduced the following bill, which was read the first time, and referred to the Committee on Education, to-wit: A bill to amend the Public School Law in this State. The following bill was introduced by Mr. Moseley, read the first time, and referred to the Committee on Railroads, to-wit: A bill to require the several Railroad Companies in this State to give in all their property, lying in each and every county, to the Receiver of Tax Returns of the county in which said property is located, at its true market value, JouRNAL OF THE SENATE, and to tax the same as property, and for other purposes therein mentioned. Mr. Payne offered the following joint resolution, which was taken up, read and adopted, to wit : Resolved by the Senate and House oj Representatives of the State of Georgia, That the State School Commissioners be instructed to ascertain and report as early as practicable, the balance due public school officers and teachers for ser- vices rendered in the year 1871. , Resolved, That these resolutions be transmitted to the House of Representatives at once. Mr. Butt offered the following resolution, which was read and adopted, to-wit : Resolved, That the Librarian be required to furnish each Senator with a copy of the Journal of the Senate of 1879. The following message was received from the Houe of Representatives through Mr. Hardin, the Clerk thereof: Mr. President : The House of Representatives has reconsidered its action concurring in the joint resolution authorizing the Commissioner of Agriculture to occupy the rooms in the Capitol recently occupied by the post office and the State Board of Health, and request that said resolution be returned to the House. Also, that the House has concurred in the supplemental report of the joint committee ~ppointed to name and set apart a day for the election of a United States Senator, Judges of the Supreme and Superior Courts and Solicitors General. On motion of Mr. McWhorter, the Senate agreed to the request of the House of Representatives in relation to the return to that body of a joint resolution of the Senate permitting the Commissioner of Agriculture to occupy the rooms in the Capitol building recently occupied by the NovEMBER 11, 188o. post office and the State Board of Health, the House havipg, on yesterday, communicated to the Senate its concurrence in said resolution, and having this day informed the Senate of the reconsideration of said concurrence. The Secretary was directed to return said joint resolution to the House of Representatives, as requested by that body. Mr. Parks offered a resolution requiring the State Librarian to furnish each Senator a copy of the Revised Code of 1873, for his use during the session. The same was read and adopted: Mr. Smith of the Twenty-third District offered a resolution inviting the Hon. R. D. Smith to a seat in the Senate during his stay in the city. The same was amended by extending its provisions to the Hon. W. M. Reese. The following message was received from his Excellency the Governor, through Mr. Avery, his Secretary. 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 having remained some time therein, returned to open session, and was called to order by the President. On motion of Mr. Brown, leave of absence was granted the Committee on the Asylum for the Blind, for the purpose of visiting that institution. Under a suspension of the rules for that purpose, the following bills were introduced, read the first time and referred to the Committee on the Judiciary, to-wit : By Mr. HarrellA bill to amend the public road laws of this State. By Mr. WinoA bill to amend paragraph 1, section 12, article6, of the JouRNAL oF THE SENATE, Constitution of Georgia, by repealing the provision therein providing for the electi~n of Judges of the Supreme and .Superior Courts, and Solicitors General by the General Assembly, and by enacting that said officers be appointed by the Governor, with the advice and consent of the Senate. By Mr. PayneA bill to amend section 2041 of the Code. By Mr. BakerA bill to alter and amend paragraph 3, section I, article 5 of the Constitution, so that elections for Governor of this State shall hereafter be held biennially, on Tuesday after the first Monday in November, instead of on the first Wednesday in October in each biennial year. Also, a bill to change paragraph 2, section 4, article 3, so that elections for members of the General Assembly shall hereafter be held biennially on Tuesday after the first Monday in November, instead of on the first Wednesday in October, of each biennial year. The Senate adjoumed, on motion, until 10 o'clock, a. m., tocmorrow. SENATE CHAMBER, ATLANTA, GA., } Fnaay, November I 2, 1880, 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 : Baggs, Baker, Barksdale, Bond, Butt, Byrd, Carter, Curtis, Daniel, Denmark, Duggar, Fouche, Gorman, Harrell, Hawes, Hackett, HiC'ks, J11rdan, King, 1\lcDaniel, Mattox, McWhorter, Meldrim, Neal, Parks, Payne, Price, Reid, Smith of the 5th, Smith of the 23d, Storey, Suddath, Westbrook, Wilson, Winn, MR. PREBIDEI!IT. NovEMBER 12, 188o. The Journal was read and approved. On motion of Mr. Byrd, so much of the Journal of yesterday was reconsidered as relates to the reference of a bill requiring railroad property to be given in for taxes at its market value in the counties in which the same is located, said bill having been referred to the Committee on Railroads. On motion of Mr. Byrd, the reconsidered bill was referred to the Committee on Finance. Mr. McDaniel, chairman of the Committee on the J udiciary, made a report on certain bills, which report was read. Certain additional evidence in the contest of Hon. W. R. Gignilliatt for the seat of the Hon. R. B. Harris, of the Second District, which accompanied a message from his Excellency the Governor, was laid before the Senate by the President, and, on motion of Mr. McWhorter, was referred to the Committee on Privileges and Elections. The following message was received from his Excellency the Governor, through Mr. Avery, his Secretary, to-wit: Mr. Presz"dent: I am directed by his Excellency the Governor to deliver to the Senate a communication in writing. On motion of Mr. McWhorter, the communication mentioned in the foregoing message was taken up and read as follows, to-wit: ExECUTIVE DEPARTMENT, STATE OF GEORGIA, ATLANTA, GA., November 1I, 1880. To the General Assembly : I have the honor to call the attention of the General Assembly to the following matters : The last General Assembly appropriated $800 a year for the years 1879 and 1880 for the printing fund. The printing furnished by the General Assembly itself exceeded 5 66 JOURNAL OF THE SENATE, the appropriation of both years, leaving a large deficit in the amount necessary to pay the public printing of the tw<>- years. As early as last March, the PL~blic Printer, J. P. Harrison, in the amount of work done, was in excess of the appropriation by about $7,000. and has been carryingthat amount since then. There is, up to the 1st of November, a balance due him of $5,626.g8, for which immediate provision should be made, in advance of the general appropriation act. The accounts of the Public Printer are herewith transmitted, which have been audited, save the amount of $54477 that has been done since March. I also call attention to the following matter: During Governor Smith's administration, Messrs. Vandyke, Cook & Vandyke of Chattanooga, Tennessee, were employed to represent the State of Georgia in three bills of equity, filed against the Western & Atlantic Railroad, in the Chancery Court of Hamilton county, Tennessee, in which all the property of the State of Georgia, in Tennessee, was levied on by attachment in aid of said bills. The complainants were Mrs. Emma Blodgett of Atlanta, the Elliott National Bank, and John Demerit of Boston, Massachusetts, and J. Nelson Tappan as trustee of H. Clews & Co. of New York. Messrs. Vandyke, Cook & Vandyke associated with themselves Col. N. J. Hammond of this city. The three cases were decided in favor of the State in the court below. The two last were appealed to the Supreme Court, and there, also, the State prevailed. I made some advance on the fees to Messrs. Vandyke, Cook & Vandyke. But as the amounts involved were large, and n<>fees were fixed, I refer to the General Assembly the fixing of the fees and making appropriation therefor. All the particulars will be laid before such committee as may have charge of the matter under order of the General Assembly. (Signed) ALFRED H. CoLQUITT. NOVEMBER 12, 1880. On motion of Mr. Reid, the foregoing message was referred to the Finance Committee. Leave of absence was granted Messrs. Mattox and Price until Tuesday next. On motion of Mr. McDaniel, the rules were suspended, for the purpose of reading bills a second time. The following bills were read the second time, and passed to a third reading, to-wit: A bill to amend the garnishment laws of this State. A bill to amend section 204 I of the Code ; and A bill to alter and amend section 3972 of the Revised Code of Georgia, relating to the levy and sale of mortgage personal property, and to authorize a more speedy sale thereof On motion of Mr. McDaniel, the bill to repeal an act entitled an act to create a County Court for the county of Habersham, which was taken up on a second reading under an adverse report of the Judiciary Committee, was laid on the table for the present. Mr. Parks offered the following resolution, which was taken up, read and adopted, to-wit: Resolved, That when the Senate adjourns to-day, it shall stand adjourned till next Monday morning (I 5th inst.), at 10 o'clock, a. m. All other business having been disposed of, the Presi- dent ordered the call of the roll for the introduction of new matter, when the following bills were introduced, read the first time, and referred to the Committee on the Judiciary, to-wit: By Mr. Storey- A bill to alter and amend section 3976 of the Code of 1873. By Mr. Parks- A bill to provide a legal mode of defense to tenants 68 JouRNAL oF THE SEN;\TE, when landlords have foreclosed their liens before due, etc.; also By Mr. ParksA bill to require the Judges of the Supreme Court to specially give in charge to grand juries the statistics which relate to the violation of election laws, and the furnishing of liquors on election days. Mr. Wilson introduced the following bill, which was read the first time and referred to the Committee on Finance, to-wit: A bill to regulate the rate of interest in this State. The Senate adjourned, on motion, to 10 o'clock a. m., Monday, the period of reassembling having been fixed by resolution of this date. SENATE CHAMBER, ATLANTA, GA., } Monday, November 15, 1880, 10 o'clock, a.m. The Senate met pursuant to adjournment, the President in the chair. Prayer by Rev. Mr. Clark of the county of Wayne. On the call of the roll, the following Senators answered to their names, towit: Baggs, Baker, Brown, Bond, Butt, Byrd, Carter, Curtis, Daniel, D~nmark, Duggar, Fouche, Gorman, Guerry, Harris, Harrdl, Hawes, Hackett, Hicks, Jordan, King, McDaniel, McWhorter, Meldrim, Parks, Payne, Reid, Smith of the 5th, Smith of the 23d, Storey, Suddath, Treadwell, Winn, MR. PRESIDENT. The Journal was read and approved. Mr. McDaniel submitted a report from the Judiciary Committee, which was read. 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 Committee on the Judiciary, to-wit: NovEMBER 15, 1880. By Mr. CarterA bill to prescribe the number of jury commissioners in each county ; to limit their term of office to two years, etc. By Mr. BaggsA bill to require all persons owning wild or improved lands in this State, to return the same in the county where the land lies. By Mr. KingA bill to amend an act entitled an act to amend section 28 I of the Code of Georgia. By Mr. PresidentA bill to amend an act entitled an act to empower the Judges of the Superior Courts to appoint or employ a reporter, or stenographer in their Courts ; to define the duties of such reporter or stenographer; to fix his fees, and for other purposes. Mr. Duggar offered the following privileged resolution, which was taken up and read, to-wit: Resolved, That Judge J. H. Me Whorter of Oglethorpe county and Col. B. B. Hinton of Americus, be invited to seats on the floor of the Senate. The same was amended by extending its provisions to the Hon. D. A. Vason of Albany, and the Hon. J. M. Pace of Covington, and adopted with the amendments. The Senate took up the report of the committee on the bill to amend section 2041 of the Code, the same having been reported back to the Senate by the Committee on the Judiciary, with the recommendation that it do pass with the following amendment, to-wit: Amend title hy adding, "which relates to the mode of obtaining exemptions. " The report of the Judiciary Committee was adopted. 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. JO }OURJ'.AL OF THE SENATE, Those who voted in the affirmative are, to-wit-Messrs. Baggs, Baker, Brown, Bond, Byrd, Carter, {Jurtis, Daniel, Denmark, Duggar, .Fouche, Gorman, Guerry, Harrell, Hawes, Hackett, Hicks, Jordan, King, McDaniel, McWhorter, Meldrim, Parks, PaynE>, Reid, Smith of the 5th, Smith of the 23d, Suddath, Treadwell, Wino, Mr. PRESIDENT. Ayes, 3 r. Nays, o. The same having received a constitutional m~jority, was passed as amended. The Senate took up, as the report of the Committee of the Whole, the bill to alter and amend section 3972 of the Revised Code of Georgia, relating to the levy and sale of mortgaged property, and to authorize a more speedy sale thereof. The Committee on the Judiciary, to whom the same was referred, recommended that the bill do pass, with the fol- lowing amendment, to-wit: Strike out the words, ''Geor- gia Revised Code, by Irwin, Lester and Hill," and insert .. 1873" The amendment was agreed to. The report, as amended, was adopted. The bill was read the third time and passed, as amended, by a constitutional majority, there being,. ayes, 23 ; nays, o. The bill to amend the garnishment laws was taken up for a third reading, and without being read, was, on motion Q[ Mr. McDaniel, recommitted to the Committee on the Judiciary. The following bills were read the second time and passed to a third reading, to-wit: A bill to alter and amend section 3976 of the Code of 1873; and A bill to require the Judges of the Superior Court to specially give in charge to grand juries the statutes which NovEMBER 16, 1880. 7I -relate to the violation of election laws, and the furnishing of liquor on election days. Under a suspension of the rules for this purpose, Mr. McDaniel introduced the following bill, which was read the first time and referred to the Committee on the Judiciary, to-wit: A bill to alter and amend sections 4161 and 4162 of the Code of 1873, which relates to the practice in cases of gar nishment, and to provide a substitute therefor. Leave of absence was granted Messrs. Neal, Barksdale and Wilson on account of sickness. The following message- was received from his Excellency the Governor, through Mr. A very, his Secretary, to-wit: Mr. President: I am directed by his Excellency the Governor to deliver to the Senate a sealed communication, which he respectfully invites your honorable body to consider in Executive session. The Senate went into Executive session, on motion of Mr. Payne, and having remained therein for some time, returned to open session. The Senate adjourned, on motion, until 10 o'clock a.m. to-morrow, the business on the Secretary's desk having been disposed of. SENATE CHAMBER, ATLANTA, GA., } Tuesday, November 16, 188o, 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 ~o their names, to-wit: 72 JouRNAL oF THE SENATE, Baggs, Baker, Barksdale, Brown, Bond, Butt, Byrd, Carter, Curtis, Daniel, Denmark, Du1gar, Fouche, Gorman, Guerry, Harris, Harrell, Hawes, Hackett, Hicks, Jordan, Johnson, King, McDaniel, Mattox, McWhorter, Meldrim, i\loseley, Neal, Parks, Payne, Price, Reid, Smith of the 5th, Smith of the 15thr Smith of the 23d, Storey, Suddath, Treadwell, Westbrook, Wilson, Winn, Woodward, MR. PRESIDENT. The Journal was read and approved. The following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof, to-wit: Mr. Presidmt: The House of Representatives has adopted the following resolution, to-wit: A resolution appointing a committee to confer with a committee of the Senate to examine and report upon the occupancy of the rooms in the Capitol building, lately occupied as a post office, and has appointed as said committee on the part of the House, Messrs. Peck, Dyer and Fuller; also A resolution setting apart Thursday, the 25th day of November, 188o, to be observed by the General Assembly as a day of thanksgiving and prayer, and appointing a committee ot two Representatives and one Senator to make arrangements for appropriate religious services, to be held in the Hall of the House of Representatives on said day, at I 1 o'clock, a. m., and has appointed as said committee, Messrs. Lamar and Farnell. The House of Representatives has also passed, by therequisite constitutional majority, A bill to be entitled an acl to amend an act entitled an act to require Constables and Bailiffs to sell only on the NovEMBER I6, I88o. 73 regular monthly court day~, only between the legal hours of sale, except in cases of property likely to deteriorate in value by keeping, approved August I, I879; also A bill to be entitled an act to change the time of holding the Superior Courts of the county of Henry, and for other purposes. Mr. McDaniel, chairman of the Committee on the Ju- diciary, made a report on certain bills, which was read. On motion of Mr. Byrd, the Senate took up the joint resolution reported from the House of Representatives relating to the observance of Thursday, the 25th inst., as a day of thanksgiving, and providing a joint committee to arrange for religious services at the Capitol on that day. On motion of Mr. Payne, the Senate concurred in the same. The President appointed as the committee on the part of the Senate under said joint resolution, Mr. Woodward. On motion of Mr. Byrd, the Senate took up and concurred in the following joint resolution from the House of Representatives, to-wit: A resolution to appoint a committee to examine and report upon the occupancy of the rooms in the Capitol lately used as a post office. The President announced as the committee on the part of the Senate, under the foregoing joint resolution, Messrs. Byrd and Mattox. Mr. Harris offered the following joint resolution, which was taken up, read and agreed to, to-wit: WHEREAS, The subject of sanitation is receiving moreatteJltion at the present day than at any former period in the annals of American history; and \VHEREAS, It is of the utmost importance that the attention of the people of our State should be directed tosuch work as will not only decrease the mortality, but actually increase the health of all her citizens: therefore, be it 74 } OURNAL OF THE SENATE, Resolved by the Senate and House of Representatzves, That a Committee on State Hygiene and Sanitation be appointed from the Senate, consisting of five members, and a like -committee of ten be appointed from the House of Representatives. The same was, on motion of Mr. Bond, ordered to be transmitted at once to the House. Mr. Baggs offered the following resolution, which was taken up, read and agreed to, to-wit: Resolved by the Senate and House of Representatives, That the Hon. R. N. Ely, Attorney General of this State, in pressing the reopening of the decisions of the courts in the railroad tax cases (said decisions having been adverse), by which large sums have been collected, and a principle established whereby a large amount will be annually added to the revenue of the State, is entitled to the thanks of the people of this State for the zeal, ability and energy displayed in the di~charge of the duties of this high and responsible office. Resolved, 2. That his Excellency the Governor be requested to transmit a copy of these resolutions to the late Attorney General, the Hon. R. N. Ely. On motion of Mr. McDaniel, bills for the second reading were taken up. The adverse reports of the Judiciary Committee on the following bills were respectively agreed to, and the bills were therefore lost, to-wit: A bill to confer additional powers upon the Tax Collectors of the several counties of the State, and to make said Tax Collectors cx-ojjido Sheriffs in certain cases,. and for other purposes. A bill to amend the public road laws of this State. A bill to amend an act entitled an act to empower the Judges of the Superior Courts to appoint or employ a reporter or stenographer in their courts; to define the duties NOVEMBER I 6, 1880. 75 'Of such reporter or stenographer; to fix his fees, and for other purposes. A bill to prescribe the number of Jury Commissioners in each county, and to limit their terms of office to two years. On motion of Mr. Harrell, the following bills of the House were taken up, read the first time and referred to the Committee on the Judiciary, to-wit : A bill to change the time of holding the Superior Courts <>f the county of Henry and for other purposes; and A bill to amend an act 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 cases of property likely to deteriorate in value by keeping, approved, August 1, 1879. On motion of Mr. Butt, the Senate proceeded to the consideration of bills on the third reading, when the Senate took up as the report of the Committee of the Whole, the bill to require the Judges of the Superior Courts to specially give in charge to Grand Juries, the Statutes which relate to the violation of election laws and the furnishing of liquors on election days. 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 to amend an act to alter and amend section 3976 of th~ Code of 1873 The Judiciary Committee recommended that the same he amended by striking out the word exemption, " where it occurs in the first section, and inserting in lieu thereof the word ''execution. " The amendment was received. The report, as amended, was adopted. The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes 29, nays 4 JouRNAL OF THE SENATE, The bill of the Senate to provide a legal mode of defense to tenants where landloads have foreclosed their liens before due, etc., was taken up, read the second time and passed to a third reading. 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 Committee on the Judiciary. to-\vit: By Mr. DuggarA bill to alter and amend the Constitution of this State. By Mr. McWhorter<\ bill to provide for the payment of costs due to sheriffs, magistrates, and bailiffs in this State in certain criminal cases. By Mr. FoucheA bill to provide a penalty for buying or selling votes.and for other purposes. Mr. Goodman introduced a bill to amend an act to render more efficient and economical the analysis of fertilizers, etc. . The same was read the first time and referred to the Committee on Agriculture. On motion of M:r. McWhorter, the joint resolution agreed to this day by the Senate, relating to the services of Hon. R. N. Ely, as Attorney General, in reopening in the courts the railroad tax cases, was ordered to be transmitted at once to the House of Representatives. Mr. Westbrook offered the following resolution, which was taken up, read and agreed to, to-wit: Resolved by the Senate and House of RepteseJztati'l'es.. That, whereas, the iron safe and vault doors, now in use by the Treasury Department, is not a safe depository for the securities of the State, and that the Treasurer is hereby instructed to inform the Joint Finance Committee, as early as practicable, upon what terms a suitable fire, burglarproof clock safe and vault door can be purchased for the use of said department. NOVEMBER 16, 1880. 77 Mr. Denmark offered the following privileged resolution, which was read, to-wit: Resolved, That Hon. T. L. Guerry, former President of the Senate, and Hon. John D. Stewart, of Spalding, be invited to seats on the floor of the Senate during their stay in the city. The same was amended by extending its provisions to the Hon. D. B. Harrell of the county of vVebster, Dr. W. J. Walker of the county of Warren, and Hon. B. B. Hin- ton of the county of Sumter, and agreed to as amended. Mr. Jordan offered the following privileged resolution, which was read and agreed to, to wit: Resolved, That the Hon. Allen Fort and Hon. G. F. Pierce be invited to seats on the floor of the Senate. Mr. Payne offered the following resolution, which was taken up, read and agreed to, to-wit : Resolved by tlze Smate, That the Committee on Privileges and Elections have leave to have printed the testimony for contestant and respondent in the case of William R. Gignilliatt, contestant, and Raymond B. Harris, respondent. At 12 o'clock, m., the President announced that the time had arrived under the concurrent action of the two Houses of the General Assembly for the election of a Senator to the Senate of the United States, in accordance with the statute of the United States, to fill the unexpired term of the Hon. John B. Gordon, resigned. The Secretary, under direction of the President, read to the Senate that part of the Journal showing the concurrent action of the Senate and House of Representatives, relating to the election of a Senator to the Senate of the United States this day, at 12 o'clock, m. The President announced that nominations were in order, whereupon the Hon. Mr. Hackett, of the Forty-fourth District, placed in nomination ex-Governor Joseph E. JOURNAL OF THE SENATE, Brown, of the county of Fulton, and the Hon. Mr. Fouche, of the Forty-second District, nominated General A. R. Lawton, of the county of Chatham. There being no other nominations, the President directed the Secretary to proceed with the call of the roll for the election of a United States Senator, for the unexpired term of the Hon. John B. Gordon, resigned. The following Senators voted for ex-Governor Joseph E. Brown, to-wit : Messrs. Bagg~, Brown, Bond, Byrd, Carter, Curtis~ Duggar, Gorman, Harris, Hawes, Hackett, Johnson, King, Mattox, McWhorter, Moseley, Neal, Parks, Payne, Price, Smith of the Fifth District, Smith, of the Fifteenth District, Smith, of the Twenty-third District, Storey, Suddath, Treadwell, Wilson and Winn-28. Those who voted for General A. R. Lawton, are, towit: Messrs. Baker, Barksdale, Butt, Daniel, Denmark,. Fouche, Guerry, Harrell, Hicks, Jordan, McDaniel, Meldrim, Reid, Westbrook, Woodward and MR. PRESIDENT16. The vote having been counted up, it appeared that exGovernor Joseph E. Brown had received 28 votes, and General A. R. Lawton had received 16 votes. Ex-Governor Joseph E. Brown, of the county of Fulton, having received a majority of all the members of the Senate present, the fact was so announced by the President. The Senate, on motion, adjourned untiliO o'clock, a, m. to-morrow. SENATE CHAMBER, ATLANTA, GA.,} Wednesday, November 17, 1880, 10 o'clock a. m. The Senate met pursuant to adjournment, the President in the chair. Prayer by the Chaplain. NovEMBER 17, x88o. 79 On the call of the roll, the following Senators answered to their names, to-wit: Baggs, Baker, Barksdale, Brown, Bond, Butt. Byrd, Carter, Curtis, Daniel, Denmark, Duggar, Fouche, Gorman, Guerry, Harris, Harrell, Hawes, Hackett Hicks, Jordan, Johnson, King. 1\1 attox, McWhorter, McDaniel, Meldrim, Moseley, Neal, Parks, Payne, Pnce, Reid, Smith of the 5th, Smith of the 15th Smith of the 23d, Storey, Suddath, Treadwell, Westbrook, Wilson, Winn, Woodward. Mu. PRESIDENT. The Journal was read and approved. Mr. McDaniel, chairman of the Judiciary Cimmittee made a report on certain bills, which report was read. Mr. Hicks offered the following resolutioo, 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 Colonel Charles H. Smith, of the county of Floyd, during his stay in this city. Mr. Wilson offered the following resolutio~, which was read and agreed to, to-wit: Resolved, That the Hons. Henry R. Harris and J. W. Park, of the county of Meriwether, be invited to seats on the floor of the Senate during their stay in this city. Mr. Smith of the Twenty-third District offered the following joint resolution, which was taken up, read and agreed to, to-wit: Resolved by the Senate, and House of Representatives concurring, that a select committee of six from the Senate, and twelve from the House, be appointed to consider the existing legislation of this State, relative to subjects of medical interest, and report what amendments thereof are necessary. The bill to provide for the payment of costs due to "So JouRNAL oF THE SENATE, -sheriffs, magistrates and bailiffs in this State in certain criminal cases, was read the second time under the adverse report of the Judiciary Committee, and, on motion <>f Mr. Me Whorter, laid on the table for the present. The bill to provide for the payment of the fees of witnesses for the State in criminal cases, was read the second time and passed to a third reading. 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, towit: By Mr. Gorman- A bill to alter paragraph 2, section I, article 5 of the Constitution of Georgia. By Mr. KingA bill to require the Judges of the Supedor Court to alternate in holding their Courts. By Mr. MeldrimA bill to authorize acknowledgments coming from other States or Territories within the United States, to be made before Notaries Public of such States or Territories, and to give them validity ; also, By Mr. MeldrimA bill amending section 3302 of the Code of Georgia, relating to service of garnishments. By Mr. WoodwardA bill to change the time for the meeting of the General Assembly. Mr. Hicks offered the following joint resolution, which was read and referred to the Committee on the Judiciary, to-wit: WHEREAS, many citizens ofthe State of Georgia are in the habit of cultivating for their home use small patches of tobacco, and a tax upon the !>arne is a burden to them and a source of but little revenue to the General Government; therefore, 81 Be z't 1esolved by the Senate and House of Representatives, That the members of Congress of the United States, who represent this State, be requested to use their best efforts to free from taxation the tobacco used as above stated. Mr. MeWhorter offered the following privileged resolution, which was read and agreed to, to-wit: Resolved, That the Hon. James S. Reed, of the county <>f Taliaferro, be invited to a seat on the floor of the Senate. On motion of Mr. Hicks, leave of absence was granted Mr. Parks on account of sickness. The bill to provide a legal mode of defense to tenants where landlords have foreclosed their liens before due, etc., was taken up and read the third time. The Judiciary Committee, to whom the same was referred, reported in favor of its passage by substitute. Pending action thereon, the same was, on motion of Mr. McWhorter, ordered to lay on the table for the present, and fifty copies of the substitute be printed for the use of the Senate. The Senate took up, as the report of the Committee of the Whole, the bill to amend the garnishment laws of this State. The Judiciary Committee, to whom the same was recommitted, recommended that it do pass with certain amendments, which were received- 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. On motion of Mr. Moseley, the rules were suspended, when he was, by unanimous consent of the Senate, allowed to withdraw the bill to repeal an act entitled an act to create a County Court for the county of Habersham, and for other purposes. Mr. McDaniel offered the following joint resolution, to-wit: Resolved by the Senate aud House of Representatives, That the General Assembly be convened in joint session at 12 6 82 JOURNAL OF THE SENATE, o'clock, m., this, the 17th instant, for the purpose of consolidating and announcing the result of the election for United States Senator, as provided by la\v, and in addition thereto, for the purpose of electing Judges and Solicitors, as heretofore provided by resolution of the General Assembly. The same was, on motion, ordered to be transmitted tothe House of Representatives without delay. On motion of Mt. Denmark, the Senate took a recess for fifteen minutes. At the expiration of the recess, the Senate was called to order by the President. The following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof~ to-wit: Mr. President: The House of Representatives has concurred in the Senate resolution providing that the Senate and House meet in joint session at 12 o'clock, this 17th in<;tant, for the purpose of consolidating and announcing the result of the election of United States Senator, and for electing Judges and Solicitors General. At the hour of 12 o'clock m., the President announced that the time had arrived for the Senate to repair to the Representative Hall for the purpose of consolidating and , announcing, in joint session of the General Assembly, the vote of the two Houses thereof for a United States Senator, and to proceed with the election of Judges of the Su. preme and Superior Courts, and Solicitors General. The Senate repaired to the Hall of the Rep1esentatives in a body, and were received by the House of Representatives. The President took the chair, and called the General Assembly to order, announcing that the two Houses had met in joint session, in obedience to law, and in conformity to NovEMBER 17, 188o. their joint resolution, for the purpose, first, of consolidat ing and announcing the vote for a United States Senator,. as cast by the two Houses, respectively, on yesterday, ther6th instant. By direction of the President, the Secretary read the statute of the United States prescribing the mode of electing United States Senators, the joint resolution of to-day~ by which the General Assembly was convened in joint session, and that portion of the Senate Journal of yesterday which related to the action of that body in casting its vote for a United States Senator, to fill the unexpired term of the Hon. John B. Gordon, resigned. By direction of the !"resident, the Clerk of the House of Representatives read to the General Assembly that portion of the Journal of that body relating to its action on yesterday in casting its vote for a United States Senator for said unexpired term. The respective votes cast on yesterday by the Senate and House of Representatives for a United States Senator for the unexpired term mentioned being consolidated, it appeared that General A. R. Lawton, of the county of Chatham, had received 64 votes, and ex-Governor Joseph E. Brown, of the county of Fulton, had received 146 votes. The President announced the foregoing consolidated vote, and declared that the Hon. Joseph E. Brown, of the county of Fulton, having received a majority of the entire vote cast by each branch of the General! Assembly, was duly and legally elected United States~ Senator for the State of Georgia to fill the unexpired term1 of the Hon. John B. Gordon, resigned, which term will: end on the 4th day of March, 1885. The Secretary of the Senate, by request of the President, read from the Journal of the Senate, the report o the Joint Special Committee on the elections to be held bythe General Assembly at its present session, this report JouRNAL OF THE SENATE, having been adopted by each House as their rule of pro-cedure. The President then announced that the next business in -order before the General Assembly was the election of'a Chief Justice of the Supreme Court of Georgia, to fill the unexpired term of the Hon. Hiram Warner, resigned, and that nominations therefor would be received. The Hon. Mr. Rice, representative of the county of Fulton, nominated the Hon. James Jackson, the present Chief Justice, for that position. There being no other nominations, the President direct ed the Secretary to call the roll for a viva voce vote of the General Assembly for the said officer. The following shows the vote of each member of the General Assembly therefor, towit: THE VOTE OF SENATORS. Messrs. Baggs, Baker, Barksdale, Brown, Bond, Butt, Byrd, Carter, Curtis, Daniel, Denmark, Duggar, Fouche, Gorman, Guerry, Harris, Harrell, Hawes, Hackett, Hicks, Jordan, Johnson, King, McDaniel, Mattox, McWhorter, Meldrim, Moseley, Neal, Payne, Price, Reid, Smith of the 5th, Smith of the I sth, Smith of the 23d, Storey, Suddath, Treadwell, Westbrook, Wilson, Winn, Woodward, MR. PRESIDENT-43 Mr. Parks was absent by sickness. THE VOTE OF REPRESENTATIVES. Messrs. Adderton, Arrington, Awtry, BaconofChatham, Barnes, Barrow, Basinger, Bates, Beatty, Bennett, Bird, Branch, Branson, Brewer, Brinson, Broyles, Bull, Cameron, Carter, Carithers, Christie, Clark, Coffin, Cook, Crawford, Crozier, Crumbley, Daniel, Davis of Habersham, Davis of Lumpkin, Day, Denton, Dial, DuBignon, DuPree of Macon, DuPree of Pike, Dyer, Edwards, Estes, Farnell, Feagin, Flynt, Fordham, Foster, Fuller, Garrard, Gaskins, Glover NovEMBER r;, r88o. Goodrich, Gray, Hagen, Hale, Hammond, Hansell, Harrell,. Heard, Heath, Henry, Hester, Hightower of Early, Hightower of Stewart, Hill, Hillyer, Hunt, Hutchins, Jackson of Carroll, Jackson of Richmond, James, Johnson of Johnson, Johnson of Lee, Jones of Baker, Jones of DeKalb, Julian, Keil, Kennedy, Kimsey, Lamar, Lamb, Lane, Lonnon, Lester, Lewis, Little, Maddox, Martin of Houston, Martin ofTalbot, Mathews, Mays of Butts, Mays of Richmond, McAllister, McBride, McCants, McClure, McClellan, Mcintosh, McKinney, McLucas, Middlebrook, Miller, Mitchell, Milner, Moore of Hancock, Moore of Pierce, Moore of Taliaferro, Morrow, Nichols, Northen, Orr, Palmour, Park, Patterson, Peek, Perkins, Polhill, Post, Price, Quillian, Rainey, Rankin, Rawlins, Reese, Render, Rice, Ritchie, Robbins, Roney, Sapp, Sellars, Scruggs, Shockley, Singellton, Silman, Smith of Oglethorpe, Smith of Union, Spence, Spearman, Stanford, Stapleton, Story, Strother, Summerlin, Sumner, Tharpe, Thompson, Turner of Floyd, Turner of Monroe, Turnipseed, Twiggs, Walker of Berrien, Walker of Crawford, Walker of Jasper, Wheeler, Whittle, Williams, Willingham, Wilkinson, Wilson of Bulloch, Wilson of Camden, Wilson of Greene, Wilcox, Wingfield, Winslow, Withrow, Wright, Zachry, Zellars, MR. SPEAKER-168. Total vote cast, 21 1. The Hon. James Jackson, of the county of Fulton, having received the entire vote cast, and the same being a majority of the members of each branch of the General Assembly present, he was by the President, declared duly and legally elected Chief Justice of the Supreme Court of Georgia for the unexpired term of the Hon. Hiram Warner, which ends on the first day of January, 1881. The President then announced as the next business before the General Assembly, the election of a Chief Justice of the Supreme Court of Georgia for the full term of six ~6 JOURNAL OF THE SENATE, _years, commencing on the first day of January, 1881, and :that nominations for that office were in order. Hon Mr. Rice, Representative of the county of Fulton, nominated the Han. James Jackson, .and the Hon. Mr. McWhorter, Senator from the Nineteenth District, placed in nomination the Hon. David A. Vason, of the county 'of Dougherty. There'being no other nominations, the Secretary under direction of the Presider.t, proceeded to call the roll for a 'llt'va voce vote of the General Assembly for the said officer The following shows the vote of each member of the --General Assembly present, to-wit: THE VOTE OF SENATORS. The following voted for the Han. James Jackson: Messrs. Baker, Barksdale, Bond, Butt, Byrd, Daniel, Denmark, Duggar, Fouche, Gorman, Guerry, Harris, Harrell, Hackett, Hicks, Jordan, Johnson, King, McDaniel, Mattox, Meldrim, Moseley, Neal, Payne, Price, Reid, Smith of the 5th, Smith of the 15th, Smith of the 23d, Storey, Suddath, Treadwell, 'Wilson, Wino, Woodward, MR. PRESIDEt\T-36. The following voted for the Han. D. A. Vason : Messrs. Baggs, Brown, Carter, Curtis, Hawes, McWhor.ter, W estbrook-7. Mr. Parks was announced absent on account of sickness. THE VOTE OF REPRESENTATIVES. Messrs. Adderton, Arrington, Awtry, Bacon of of Chatham, Barnes, Barrow, Basinger, Bates, Beatty, Bennett, Bird, Branch, Branson, Brewer, Brinson, Broyles, 13ull, Cameron, Carter, Carithers, Clark, Coffin, Cook, <::rawford, Crumbley, Daniel, Davis of Habersham, Day, Denton, Dial, DuBignon, DuPree of Macon, DuPree of Pike, Dyer, Edwards, Estes, Feagin, Flynt, Fordham, Foster, Fuller, Garrard, Gaskins, Glover, Goodrich, Gray, NOVEMBER IJ, 1880. Hale, Hammond, Hansell, Heath, Henry, Hightower of Early, Hightower of Stewart, Hill, Hillyer, Hunt, Hutchins, Jackson of Carroll, Jackson of Richmond, James, Johnson of Johnson, Jones of DeKalb, Julian, Kennedy, Kimsey, Lamar, Lamb, Lane, Lester, Lewis, Little, Madf six years, said term commencing on the first day of January, 188 I. 88 JouRNAL OF 'IHE SENATE, On motion of Mr. McDaniel, the General Assembly was dissolved, to reconvene at 3:30 o'clock, p. m., this day. The Senate withdrew to the Senate Chamber, and being: called to order by the President, took a recess, on motion of Mr. Winn, until 3:15 o'clock, p. m., to day. SENATE CHAMBER, ATLANTA, GA., 3 15, p. m. This being the close of the period of recess, the President called the Senate to order. The following message was received from tbe House of Representatives through Mr. Hardin, the Clerk thereof: Mr. President: The House of Representatives has agreed to the following resolution, to-wit : A resolution instructing the Secretary of State to communicate with General Francis A. \Valker, Superintendent of the Census, and request him to furnish this body with an official statement of the pop'llation of each county in Georgia, as the same appears from the records of the 10th Census. The House has also concurred in the resolution of theSenate returning the thanks of the people of Georgia to Robert N. Ely, Attorney GeneraloftheState, for the able discharge of his duties in pressing the claims of the State in railroad tax casys. On motion, the joint resolution from the House of Representatives relating to the census records of population in. each county of Georgia was taken up, read and concurred in. At 3:30 o'clock, p. m., the President announced thetime as having arrived for reconvening in General Assembly, and the Senate repaired to the Representative Hall, and was received by the House of Representatives. The President, having taken the chair, called the Gen- NovEMBER 17, 188o. eral Assembly to order, announcing as the first business before the body the election of an Associate Justice of the Supreme Court to fill the unexpired term of the Ron. Logan E. Bleckley, resigned. On the announcement by the President that nominations were in order for that position, the Ron. Mr. Butt, Senator from the Twenty-fourth District, nominated the Ron. Martin J. Crawford, of the county of Muscogee. There being no other nominations, the Secretary, by direction of the President, proceeded with the call of the roll for a viva voce vote of the General Assembly in an election for Associate Justice of the Supreme Court of Georgia. The following shows the vote of the General Assembly for the said officer: THE VOTE OF SENATORS. Messrs. Baggs, Baker, Barksdale, Brown, Bond, Butt, Byrd, Curtis, Daniel, Denmark, Duggar, Fouche, Gorman, Guerry, Harrell, Hawes, Hackett, Hicks, Jordan, Johnson, King, McDaniel, Mattox, McWhorter, Meldrim, Moseley, Neal, Payne, Price, Reid, Smith of the 5th, Smith of the 15th, Smith of the 23d, Storey, Suddath, Treadwell, Wilson, Winn, Woodward, MR. PRESIDENT-40. THE VOTE OF REPRESENTATIVES. Messrs. Adderton, Anderson, Arrington, Awtry, Bacon of Chatham, Barnes, Barrow, Basinger, Bates, Beatty, Bennett, Bird, Branch, Branson, Brewer, Brinson, Broyles, Bull, Cameron, Carter, Carithers, Christie, Clark, Coffin, Cook, Crawford, Crozier, Crumbley, Daniel, Davis of Haber:sham, Davis of Lumpkin, Day, Denton, Dial, DuBignon, DuPree of Macon, DuPree of Pike, Edwards, Estes, Farnell, Feagin, Flynt, Fordham, Fuller, Garrard, Gaskins, Glover, Goodrich, Gray, Hagen, Hale, Hammond, Hansell, Harp, Harrell, Heard, Heath, Henry, Hester, High- JouRNAL oF THE SENATE, tower of Early, Hightower of Stewart, Hill, Hillyer, Hunt, Hutchins, Jackson of Carroll, Jackson of Richmond, James, Janes, Johnson of Johnson, Johnson of Lee, Jones of Baker, Jones of DeKalb, Julian, Keil, Kennedy, Kimsey, Lamar, Lamb, Lane, Lonnon, Lester, Lewis, Little, Maddox, Martin of Houston, Martin of Talbot, Mathews, Mays of Butts, Mays of Richmond, McAllister, McBride, McCants, .McClure, McClellan, Mcintosh, McKinney, McLucas, Middlebrook, Miller, Mitchell, :Milner, Moore of Hancock, Moore of Pierce, Moore of Taliaferro, Morrow, Nichols, Northen, Orr, Palmour, Park, Patterson, Peek, Perkins, Polhill, Post, Price, Quillian, Rainey, Rankin, Rawlins, Reese, Render, Rice, Ritchie, Robins, Roney, Sapp, Sellars, Scruggs, Shockley, Singleton, Silman, Smith of Oglethorpe, Smith of Union, Spence, Spearman, Stanford, Stapleton, Story, Strother, Summerlin, Smnner, Sweat, Tharpe, Thompson, Turner of Floyd, Turner of Monroe, Turnipseed, Twiggs, Walker of Berrien, \\Talker of Crawford, Walker of Ja-;per, Wheeler, Whittle, Williams, Willingham, Wilkinson, Wilson of Bulloch, Wilson of Camden, Wilson of Greene, Wilcox, Wingfield, Winslow, Withrow, Wright, Youngblood, Zachry, Zellars, MR. SPEAKEK-17 [. Total vote cast, 21 1. On casting up the vote, it appeared that the Hon. Martin J. Crawford, ofthe county of Muscogee, had received 21 1 votes, being the entire number cast, and a majority of .all the members of the General Assembly. He was therefore, by the President, declared to be duly and legally elected Associate Justice of the Supreme Court of Georgia, for the unexpired term of the Hon. Logan E. Bleckley, resigned, which ends on the Ist day of January, r885. The President announced as the next business before the General Assembly, the election of an Associate Justice of the Supreme Court of Georgia, to fill the unexpired NovEMBER 17, 188o. term of the Hon. James Jackson, resigned, and that nominations for that office were in order. The following gentlemen were placed in nomination, towit: The Hon. George N. Lester, of the county of Cobb. TheHon. John W. Park, of the county of Meriwether. The Hon. Alexander M. Speer, of the county of Spalding. The Hon. John T. Clarke, of the county of Randolph. The Hon. Augustin H. Hansell, of the county of Thomas. There being no other nominations, the Secretary, under direction of the President, proceeded to call the roll for the election of an Associate Justice to fill said unexpired term. The following shows the vote of the General Assembly ~n the first ballot : THE VOTE OF SENATORS. The following voted for the Hon. George N. Lester: Messrs. Barksdale, Byrd, Curtis, Duggar, Hackett, Hicks, King, Mattox, McWhorter, Moseley, Neal, Payne, Price, Suddath, Treadwell, Winn-16. The following voted for the Hon. John T. Clarke: Messrs. Butt, Carter, Guerry, Johnson, .McDaniel, Parks, Reid, Smith of the 15th, Westbrook, Woodward- 10. The following vvted for the Hon. Alexander M. Speer: Messrs. Baker, Brown, Bond, Harris, Smith of the 5th, Storey, MR. PKESIDENT-7. The following voted for the Hon. John W; Park: Messrs. Daniel, Fouche, Gorman, Meldrim, Wilson-s. The following voted for the Hon. Augustin H. Hansell: Messrs. Baggs, Denmark, Harrell, Hawes, Jordan-s. Mr. Hawkins received 1 vote. JouRNAL OF THE SENATE, THE VOTE OF REPRESENTATIVES. The following voted for the Hon. George N. Lester: Messrs. Awtry, Brewer, Brinson, Broyles, Carter~ Clark, Davis of Habersham, Davis of Lumpkin, Day~ Denton, Estes, Hagen, Hall, Hansell, Heard, Henry,. Hutchins, Jackson of Carroll, James, Janes, Julian, Kimsey, Lonnon, Lester, Lewis, Maddox, McBride, McClure, Mitchell, Mo:>re of Hancock, Moore of Taliaferro, Orr, Palmour, Park, Patterson, Rankin, Ritchie, Smith of Union, Tharpe, Thompson, Turner of Floyd, Twiggs, Williams, Wilson of Greene, Wilcox, Withrow, Wright, Youngblood-49. The following voted for the Hon. A. M. Speer: Messrs. Anderson, Basinger, Bates, Beatty, Bennett, Branson, Cameron, Carithers, Crawford, DuBignon, Du- Pree of Pike, Dyer, Flynt, Foster, Goodrich, Gray, Hale, JHoehantsho,nHoufnLt,eeJa, cLkistotlne, of Richmond, Jo!mson of :\Iartin of Houston, Mays Johnson, of Butts, McCants, Mcintosh, McKinney, McLucas, Middlehrook, Milner, Moore of Pierce, Morrow, Peek, Perkins, Price, Quillian, Hice, Honey, Scruggs, Shockley, Singellton, Silman, Spearman, Strother, Sweat, Turner of Monroe, Walker of Crawford, 'Vheeler, Wilson of Bulloch, Wilson of Camden, Wingfield, Winslow, Zachry, Zellars-55. The following voted for the Hon. John T. Clarke: Messrs. Bacon of Chatham, Bird, Christie, Coffin, Crozier, Crumbley, Daniel, Feagin, Glover, Harp, Hester,. Hightower of Early, Hightower of Stewart, Hillyer, Keil,. Lamar, Northen, Sellars, Stapleton, Story, Turnipseed, Wilkinson-22. The following voted for the Hon. J opn W. Park: Messrs. Barnes, Barrow, Bull, Cook, Garrard, Hill~ Jones of Baker, Kennedy, Lane, Martin of Talbot,. Mathews, Miller, Post, Reese, Render, Robins, Smith of NovEMB~R 17, 188o. 93 Oglethorpe, Stanford, Summerlin, Walker of Jasper, Willinghan, MR. SPEAKER-22. The following voted for the Ron. A. H .. Hansell: Messrs. Arrington, Branch, Dial, DuPree of Macon, Edwards, Farnell, Fordham, Fuller, Gaskins, Harrell, Lamb, McAllister, McClellan, Nichols, Polhill, Rawlins. Sapp, Spence, Sumner, Walker ofBerrien, Whittle-22. The following voted for the Ron. W. A. Hawkins Messrs. Adderton and Rainey-2. Mr. Mynatt received I vote. On counting up the vote, it appeared that the Ron. George N. Lester had received 65 votes; the Ron. Alexander M. Speer had received 62; the Ron. John T. Clarke had received 32; the Ron. John W. Park had received 27; the Hon. Augustin H. Hansell had received 27 ; the Ron. Willis A. Hawkins had received 3, and the Ron. P. L. Mynatt had received I vote. The whole number of votes cast was 217; necessary to elect, 109. None of the candidates having received a constitutional majority, the result was announced by the President, and the Secretary directed to call the roll for another ballot : The following shows the vote of the General Assembly on the second ballot : THE VOTE OF SENATORS. The following voted for the Hon. Augustin H. Hansell: Messrs. Baggs, Denmark, Harrell, J ordan-4. The following voted for the Hon. Alexander M. Speer : Messrs. Baker, Brown, Bond, Gorman, Smith of the 5th, MR. PRESIDENT-6. The following voted for the Hon. George N. Lester: Messrs. Barksdale, Byrd, Curtis, Duggar, Harris, Hackett, Hicks, King, Mattox, McWhorter, Moseley, Neal, Payne, Price, Storey, Suddath, Treadwell, Winn-18. The following voted for the Hoh. John T. Clarke : 94 JouRNAL OF THE SENATE, Messrs. Butt, Carter, Hawes, Johnson, McDaniel, Parks, Reid, Smith of the 15th, Woodward-9. The following voted for the Hon. John W. Park: Messrs. Daniel, Fouche, Meld.rim, Wilson-4. The following voted for the Hon. Willis A. Hawkins: Messrs. Guerry, Smith of the 23d, Westbrook,-3. THE VOTE OF REPRESENTATIVES. The following voted for the Hon. Willis A. Hawkins: Messrs. Adderton, Rainey-2. The following voted for the Hon. Alexander M. Speer: .Messrs. Anderson, Basinger, Bates, Beatty, Bennett, Branson, Cameron, Carithers, Crawford, Davis of Habersham, DuBignon, DuPree of Pike, Dyer, Flynt, Foster, Fuller, Goodrich, Gray, Hale, Heath, Hunt, Johnson of Johnson, Jones of DeKalb, Little, l\Iartin of Houston, Martin of Talbot, Mays of Butts, McCants, Mcintosh, :McKinney, McLucas, .l\liddlebrook, Milner, Morrow, Peek, Perkins, Price, Quillian, Rice, Scruggs, Shockley, Singellton, Silman, Spearman, Strother, Sweat, Turner of Monroe, Walker of Crawford, Wilson of Bulloch, Wilson of Camden, Wingfield, Winslow, Wright, Zachry, Zellars-56. The following voted for the Hon. Augustin H. Hansell : Messrs. Arrington, Branch, Denton, Dial, DuPree of Macon, Farnell, Hall, Hammond, Hansell, Harrell, Lamar, Lamb, McClellan, Nicholls, Sapp, Spence, Summerlin, Sumner, \Valker of Berrien, Whittle-2 1. The following voted for the Hon. George N. Lester: Messrs. Awtry, Brewer, Broyles, Carter, Davis of Lumpkin, Day, Edwards, Estes, Fordham, Hagen, Heard, Henry, Hillyer, Hutchins, Jackson of Carroll, Jackson of Richmond, James, Janes, Johnson of Lee, Julian, Kimsey, Lane, Lonnon, Lester, Lewis, Maddox, MaysofRichmond, McAllister, McBride, McClure, Mitchell, Moore of Hancock, Moore of Pierce, Moore of Taliaferro, Orr, Palmour, Park, Patterson, Rawlias, Ritchie, Smith of Union, Tharpe. NovEMBER IJ, I88o. 95 Thompson, Turner of Floyd, Twiggs, Wheeler, Williams,. Wilson of Greene, Wilcox, Withrow, Youngblood-5 1. The following voted for the Hon. John T. Clarke: Messrs. Bacon of Chatham, Bird, Brinson, Christie, Coffin, Crozier, Crumbley, Daniel, Feagin, Clarke, Glover, Harp, Hester, Hightower of Early, Hightower of Stewart, Keil, Kennedy, Mathews, Northen, Polhill, Roney, Sellars, Stapleton, Story, Turnipseed, Wilkinson-25. The following voted for the Hon. John W. Park: Messrs. Barnes, Barrow, Bull, Clark, Cook, Garrard, Hill, Jones of Baker, Miller, Post, Reese, Render, llobins,. Smith of Oglethorpe, Stanford, Walker of Jasper, Willingham, MR. SPEAKER-IS. On counting up the vote, it appeared that the Hon. George N. Lester had received 69 votes; the Hon. Alexander M. Speer had received 62 ; the Hon. John T. Clarke had received 34; the Hon. ]. \N. Park had received 22; the Hon. Augustin H. Hansell had received 25 ; and the Hon. Willis A. Hawkins had received 5 votes. The whole number of votes cast was 2 I 5-108 being required to elect. None of the candidates having received a constitutional majority, the President so announced, and directed the Secretary to call the roll for the third ballot. At this juncture, the Hon. l\Ir. Guerry, Senator from the Thirteenth District, nomina~ed the Hon. Willis A. Hawkins. The following shows the vote of the General Assembly on the third ballot : THE VOTE OF SENATORS. The following voted for the Hon. George N. Lester: Messrs. Baggs, Barksdale, Bond, Byrd, Curtis, Duggar,. Harris, Hackett, Hicks, King, Mattox, McWhorter, Moseley, Neal, Payne, Price, Storey, Suddath, Treadwell, Winn-20. The following voted for the Hon.. Alexander M. Speer: JouRNAL OF THE SENATE, Messrs. Baker, Gorman, Smith of the sth, ~1R. PRESIDENT -4 The following voted for the Ron. Willis A. Hawkins. Messrs. Brown, Guerry, Smith of the 23d, Westbrook, Woodward-5. The following voted for the Ron. John T. Clarke : Messrs. Butt, Carter, Harrell, Hawes, Johnson, Mc- Daniel, Parks, Reid, Smith of the 15th-9. The following voted for the Ron. John W. Park: Messrs. Daniel, Fouche, Meldrim, Wilson-4. The following voted for the Ron. Augustin H. Hansell: Messrs. Denmark, Jordan-2. THE VOTE OF REPRESENTATIVES. The following voted for Ron. George N. Lester: Messrs. Awtry, Branson, Brewer, Brinson, Broyles,Carter, Clark, Day, Denton, Edwards, Estes, Fordham, Hagen, Heard, Henry, Hillyer, Hutchins, Jackson of Carroll, Jackson of Richmond, James, Janes, Johnson of Lee, Julian, Kimsey, Lane, Lonnon, Lester, Lewis, Maddox, Mays of Richmond, McAllister, McBride, McClure, Mitchell, Moore of Hancock, Orr, Palmour, Park, Patterson, Rankin, Rawlins, Rice, Ritchi~, Smith of Oglethorpe, Smith of Union, Tharpe, Thompson, Turner of Floyd, Twiggs, Williams, Wilson of Greene, Wilcox, Withrow, Y o u n g b l o o d - 54. The following voted for Ron. Alexander M. Speer: Messrs. Anderson, Basinger, Bates, Beatty, Bennett, Cameron, Carithers, Crawford, Davis of Habersham, Davis of Lumpkin, Dial, DuBignon, DuPree of Pike, Dyer, Flynt, Foster, Fuller, Goodrich, Gray, Hale, Heath, Hill, Hunt, Johnson of Johnson, Jones of DeKalb, Little, Martin of Houston, Martin of Talbot, Mays of Butts, McCants, McIntosh, McKinney, McLucas, Middlebrook, Milner, Moore of Pierce, Moore of Taliaferro, Morrow, Peek, Perkins, Price, Quillian, Roney, Sellars, Scruggs, Shockley, Singleton, NoVEMBER 17, Ib8o. 97 Silman, Spearman, Strother, Sweat, Turner of Monroe, Walker of Crawford, walker of Jasper, Wheeler, Wilson of Bulloch, Wilson of Camden, Wingfield, Winslow, Wright, Zachry-61. The following voted for Ron. John T. Clarke: Messrs. Bacon of Chatham, Branch, Christie, Coffin, Crozier, Crumbley, Daniel, Feagin, Glover, Harp, Hester, Hightower of Early, Hightower of Stewart, Keil, Kennedy, Mathews, McClellan, Northen, Pol hill, Stapleton, Story, Summerlin, Sumner, Turnipseed, \Valker of Berrien, Wilkinson-26. The following voted for Ron. John W. Park: Messrs. Barnes, Barrow, Bird, Bull, Cook, Garrard, Jones of Baker, Miller, Post, Reese, Render, Robins, Stanford, Willingham, Zellars, i\IR. SPEAKER-16. The following voted for Ron. Augustin H. Hansell: Messrs Arrington, Farnell, Gaskins, Hammond, Hansell, Harrell, Lamar, Lamb, Nichols, Sapp, Spence, Whittle-12. The following voted for Hon. Willis A. Hawkins: Messrs. Adclerton, DuPree of .Macon, Rainey-3. On counting up the vote, it appeared that the Ron. Geor;;e N. Lester had received 74 votes; the Hon. Alexander M. Speer had received 65; the Ron. John T. Clarke had received 35; the Ron. John W. Park had received 20; the Hon. Augustin .H. Hansell had received 14; and the Ron. \Villis A. Hawkins had received 8 votes. The whole number of votes cast was 216-necessary ta elect, 109. No candidate having received a constitutional majority, the President announced that there had been no election on the third ballot. On motion of the Hon. l\Ir. .Meldrim, Senator from the First District, the General Assembly was dissolved to reconvene at 12 o'clock, m., the 11:\th instant. 7 JouRXAL oF THE SENATE, The Senate repaired to the Senate Chamber, and having been called to order by the President, adjourned, on motion of Mr. Wilson, until 10 o'clock, a. m., to-morrow. SENATE CHAMBER, ATLANTA, GA., } Thursday, November 18, 1880, 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: BBaaok-~or-s: Barksdale, Br.wn, Bond, Bntt, Byrd, Carter, Curtis Daniei, Denmark, Duggar, Fouche. Gorman, Gu~rry, Harris, Harrell, Hawes, Haekctt, Hick~, .Jonlim, Johnson, K.:in~r Mcr')~niel. )lattox, l\Ic Whorter, .\leldrim, }loseley, Neal, Parks, Payne, Price, Reid, Smith of the 5th, Smith of the 15th, Smith of the 23d, Storey, SndLlath, Treadwell, Westbrook, wilson, Winn, Woodward, )in. PnESIDE:s"T. The Journal was read, and, on motion of Mr. Fouche, ordered to be so corrected as to add to that portion there- of, relating to the annoucemer.t of the vote of the two Houses for a United States Senator, the actual number of votes cast in each House for each of the candidates. Mr. Mc\Vhorter, chairman of the Committee on Enrollment submitted the following report: Jlfr. P1esziient . The Committee on Enrollment reports as duly enrolled and ready for the signature of the President of the Senate and Speaker of the House of Representatives, the following resolution, to-wit: A resolution, to return the thanks of the people of Georgia to R. N. Ely for the able discharge of his duties NOVEMBER 18, 1880. 99 in pursuing the claims of the State in railroad tax cases. 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, towit: By )Jr. DenmarkA bill to amend paragraph I, section I of an act entitled an act to define the jurisdictio.1, powers and proceedings of every County Court, etc., and By .:\[r. GormanA bill to require the qualified voters of this State to vote within their own militia districts at all public elections in' Georgia. Mr. Curtis introduced a bill to amend section 1286 of the Revised Code of 1873. entitled " Elections-how and when held," which was read the first time and referred to the Committee on Privileges and Elections. .Mr. ByrJ introduced a bill to carry into effect section 4, article 8 of the Constitution, which was read the first time and referred to the Committee on Education. Mr. Byrd also introJuced a bill to provide for the better security of life anJ property from the dangers of coal and petroleum oils, which was read the first time and referred to the Committee on Agriculture. Mr. Gorman introduced a resolution relative to the aid of general education in the Southern States, by appropriations by the United States Government, which was taken up, read and referred to the Committee on Education. Mr. Smith of the Fifteenth District offered a privileged resolution inviting the Hon. \Villiam Clifton, of the county of Chatham to a seat on the floor of the Senate. The same was agreed to. Mr. Curtis offered a privileged resolution inviting Hon. Andrew Young. formerly of this State, but now of Texas, to a seat in the Senate. The same was agreed to. The bill of the House to change the time of holding 100 JouR~AL OF THE SENATE, the Superior Courts of the county of Henry, and for other purposes, was taken up, read the second time, and passed to a third reading. The bill to amend an act entitled an act to require Constables and Bailiffs to seli only on the regular monthly court days, only between the legal hours of sale, except in cases of property likely to deteriorate in value by keeping, approved August I, 1879, was recommitted to the Committee on the Judiciary. _ The following Senate bills were read the second time, "~nd passed to a third reading, to-wit: A bill to provide a penalty for bying or selling votes, and for other purposes; and A bill authorizing acknowledgments, etc., in other States, etc., to be made before Notaries Public of other States and Territories. The followi1'g Senate bills were taken up and recommit- ted to the Committee on the ] udiciary, to-wit: A bill to alter paragraph 2, section I, act 5, of the Constitution of Georgia; and A bill to change the time for the meeting of the General Assembly. The adverse report of the ]udiciary Committee on the bill of the Senate, to require the ] udges of the Superior Courts to alternate in holding courts, was agreed to, and the bill was therefore lost. A Senate resolution requesting our Representatives in Congress to use their influence to procure the repeal of the tax on small productions of tobacco for home use, which had been reported upon adversely by the Committee on the ] udiciary, was taken up, the adverse report agreed to, and the resolution lost. The following message was received from His Excellency the Governor through Mr. A very, his Secretary. NOVEMBER 18, 1880. IOI Mr. President: Governor Colquitt directs me to ddiver to the Senate a sealed writing, which he respectfully invites your honorable body to consider in Executive session. The Senate, on motion, went into Executive session, and, having remained some time therein, returned to open session, and took a recess for ten minutes. At the hour of 12 o'clock, m., the President announced the time as having arrived for the General Assembly to reconvene. The Senate proceeded in a body to the Representative Hall and was received by the House of Representatives. The President took the chair c:nd announced that the General Assembly had reconvened for the purpose of proceeding with the elections, and that the first business in order was the election of an Associate Justice of the Supreme Court to fill the unexpired term of the lion. James Jackson, ~esigned. The Secretary under direction of the President, proceeded to call the roll for the fourth ballot for said office, the nominations therefor having been made yesterday and 'reported on the Journal of that day. The following shows the vote of the General Assembly for the said unexpired term of the Hon. James Jackson, resigned: THE VOTE OF SE)IATORS. The following voted for the lion. George N. Lester: Messrs. Byrd, Curtis, Duggar, Hackett, Hick, :\lattox, McWhorter, Moseley, Neal, Payne, Price, Suddath, Treadwell, Winn-14. The following voted for the lion. A. H. Hansell: Mes<>rs. Baggs, Denmark, Harris, Harrell, Hawes, Jordan, Johnson, King, Parks, Reid, Smith of the 15th-n. The foliQwing voted for Hon. A. l\1. Speer: Messrs. Baker, Brown, Bond, Gorman, Smith of the 5th, Storey, MR. PRESIDEXT-7. 102 jOURNAL OF THE SENATE, The following voted for Hon. John W. Park: Messrs. Barksdale, Daniel, Fouche, Meldrim, Wilson-s. The following voted for Hon. John T. Clarke : Messrs. Butt, Carter, McDaniel-3. The following voted for the Hon. Willis A. Hawkins: Messrs. Guerry, Smith of the 23d, \\'estbrook, Woodward-4. THE \'OTE OF REPHESENlXri\'ES. The following voted for the IIon. George N. Lester: .Messrs. Awtry, Brewer Broyles, Carter, Clark, Davis of Lumpkin, Day, Denton, Estes, Fordham, Hagen, Hale, Heard, Henry, Hutchins, Jackson of Richmond, James, Julian, Kimsey, Lonnon, Lester, Lewis, :\lays of Richmond, .\lcBride, McClure, Orr, J'almour, Park, Patterson, Rawlins, Ritchie, Shockley, Smith of Oglethorpe, Smith of Union, Spence, Tharpe, Thompson, Turner of Floyd, Twiggs, \Vheeler, \Villiams, \Vilson of Greene, \Vilcox, Withrow, Zellars-45. The following voted for the lion, A. :'II. Speer : ';\lessrs. Anderson, Basinger, Bates, Beatty, Bennett, Cameron, Carithers, DuBignon, DuPree of Pike, Dyer, Flynt, Foster, Fuller, Goodrich, Gray, Heath, Hillyer, Hunt, Johnson of Johnson, Johnson of Lee, Jones of DeKalb, Little, .\Iaddox, :\lartin of Houston, Martin of Talbot, 1\Iays of Butts, McCants, :\lcintosh, McKinney, McLucas, 1\liddlebrook, :\litchell, Milner, l\Ioore of Hancock, .\foore of Pierce, :'lfoore of Taliaferro, 1\Iorrow, Peek, Perkins, Price, Quillian, Rankin, Roney, Scruggs, Singellton, Silman, Spearman, Story, Strother, Sweat, Turner, of Monroe, \Valker of Crawford, Walker of Jasper, Wilson of Bulloch, \Vilson of Camden, \Ningfield, Winslow, Wright, Zachry-59. The following voted for the Hon. A. H. Hansell: Messrs. Arrington, Branch, Branson, Christie, Crawford, Crozier, Crumbley, Dial, DuPree of l\lacon, Edwards, NovEMBER r8, r88o. 103 Farnell, Feagin, Gaskins, Glover, Hall, Hammond, Hansell, Harrell, Hester, Hightower of Early, Janes, Jones of Baker, Keil, Kennedy, Lamar, Lamb, McAllister, McClellan, Nichols, Northen, Polhill, Reese, Rice, Sapp, Sellars, Stanford, Stapleton, Sumner, Turnipseed, Walker .of Berrien, Whittle, Wilkinson, Youngblood-43. The following voted for the Hon. John W. Park: Jlessrs. Barnes, Barrow, Bull, Cook, Garrard, Hill, Jackson, ofCarroll, :\Iathews, :\Iiller, Post, Render, Robins, Summerlin, Willingham, :\IR. SPEAKER-I 5 The following voted for the l-Ion. John T. Clarke: J'lessrs. Bacon, of Chatham, Bird, Brinson, Coffin, Daniel, Harp, Hightower of Stewart-7. The following voted for the Hon. Willis A. Hawkins: Messrs. Adderton, Rainey-2. On counting up the vote it appeared that the Hon. George N. Lester had received 59 votes; the Hon. Alexander M. Speer had received 66; the Hon. Augustin H. Hansell had received 54; the Hon. John 'vV. Park had received 20; the Hon. John T. Clarke had received 10; and the Hon. 'vVillis A. Hawkins had received 6 votes. The whole number of votes ca~t on the fourth ballot was 2 r 5 ; necessary to an election, Io8. No candidate having received a constitutional majority, the President announced the fact, and the Secretary, under. the direction of the President, proceeded with the call of the roll for the fifth bailot. The name of the Hon. Augustin H. Hansell was withdrawn by Mr. Hammond, representative of the county of Thomas. The following shows the vote of the General Assembly for the said unexpired term of the lion. James Jackson, as cast on the fifth ballot : THE VOTE OF SENATORS. The following voted for the Hon. Alexander ~f. Speer: 104 JOURNAL OF THE SENATE, Messrs. Baker, Barksdale, Brown, Bond, Carter, Gorman, Smith of the Sth, Storey, 1\h. PRESIDENT-g. The following voted for the Hon. George N. Lester: Messrs. Baggs, Byrd, Curtis, Duggar, Hackett, Hicks, King, Mattox, McWhorter, Moseley, Neal, Payne, Price, Suddath, Treadwell, Winn-16. The following voted for the Hon. John T. Clarke : Messrs. Butt, Denmark, Harris, Harrell, Hawes, Johnson, McDaniel, Parks, Reid, Smith of the 15th-10. The following voted for the Hon. John W. Park: Messrs. Daniel, Fouche, Jordan, Meldrim, Wilson-s. The following voted for Hon. Willis A. Hawkins: Messrs. Guerry, Smith of the 23d, Westbrook, Wood- ward-4. THE VOTE OF REPRESENTATIVES. The following voted for the Bon. Alex~nder M. Speer : Messrs. Anderson, Basinger, Bates, Beatty, Bennett, Branson, Carithers, Davis, DuBignon, DuPree of Pike, Dyer, Flynt, Foster, Fuller; Goodrich, Gray, Harrell, Heath, Hunt, Hutchins, Johnson of Lee, Jones o1 DeKalb, Lamar, Little, Maddox, Martin of Houston, Martin of Talbot~ Mays of Butts, McCants, Mcintosh, McKinney, J\lcLucas~ Middlebrook, 1\forrow, Peek, Perkins, Price, Rankin, Rice, Roney, Scruggs, Shockley, Singellton, Silman, Spearman. Strother, Sweat, Turner of Monroe, \\7alker of Crawford, \Valker of Jasper, Wilson of Bulloch, Wilson of Camden, Winslow, Wright, Zdchry.-54. The following voted for the Bon. George N. Lester: Messrs. Awtry, Brewer, Brinson, Broyles, Cameron, Carter, Clark, Day, Denton, Edwards, Estes, Farnell, Fordham, Hagen, Hale, Hansell, Heard, Henry, Jackson of Carroll, Jackson of Richmond, James, Janes, Johnson of Johnson, Julian, Kimsey, Lonnon. Lester, Lewis, Mays of Richmond, l\lcAllister, McBride, McClure, :\'Iitchell~ Milner, Moore of Hancock, Yloore of Pierce, Moore o NovEMBER 18, 188o. 105 Taliaferro, Orr, Palmour, Park, Patterson, Quillian, Rawlins, Ritchie, Smith of Oglethorpe, Smith of Union, Tharpe, Thompson, Turner of Floyd, Twiggs, Wheeler, Williams, Wilson of Greene, Wilcox, Withrow, Youngblood, Zellars-58. The following voted for the Hon. John T. Clarke: Messrs. Arrington, Bacon of Chatham, Bird, Branch, Christie, Coffin, Crawford, Crozier, Crumbley, Daniel, Feagin, Gaskins, Glover, Hall, Hammond, Harp, Hester, Hightower of Early, Hightower of Stewart, Hill, Hillyer, Jones of Baker, Keil, Kennedy, Mathews, McClellan, Nichols, Northen, Polhill, Sapp, Sellars, Spence, Stapleton, Storey, Summerlin, Sumner, Turnipseed, Walker of Berrien, Wilkinson, Wingfield-40. The following voted for the Hon. John W. Park: Messrs. Barnes, Barrow, Bull, Cook, Dial, Garrard, Lamb, Miller, Post, Rees, Render, Robins, Standford, Whittle, Willingham, MR. SPEAKER-I6. The following voted for the Hon. Willis A. Hawkins: Messrs. Adderton, Dupree of Macon, Rainey.-3. On counting up the vote cast on the fifth ballot it appeared that the Hon. George N. Lester had received 74 votes; the Hon. A. M. Speer had received 63; the Hon. John T. Clarke had received 50; the Hon. John W. Park had received 2 I ; and the Hon. Willis A. Hawkins had received 7 votes. The whole number of votes cast was 2 Is-necessary to elect 108 votes. Neither of the candidates having received a constitutional majority, this fact was announced by the President, who directed the Secretary to call the roll for the sixth ballot, in an election for Associate Justice, to fill the unexpired term mentioned. On counting up the vote as cast on the sixth ballot, it appeared that the Hon. George N. Lester had received 74 106 JouRNAL OF THE SE~ATE, votes; the lion. Alexander M. Speer had received 74 votes; the Hon. John T. Clarke had received 39 votes; the Hon. John W. Park had received 19 votes, and the lion. Willis A. Hawkins had received 7 votes. Before the formal announcement of the result by the President, a number of members of the General Assembly signified their desire to change their votes to the Hon. Alexander }f. Speer. At this juncture, the names of the Bon. John T. Clarke, the lion. John W. Park, the Hon. Willis A. Hawkins, and the lion. George N. Lester were all withdrawn. For the sake of accuracy in the record of the vote, the Secretary was directed to call the roll, and members requested to vote as their names were called. The following shows the vote on the sixth ballot, as cast by the General Assembly for Associate Justice, to fill the unexpired term of the Hon. James Jackson, resigned. THE \"OTE OF SE::\ATORS. ;\lessrs. Baggs, Baker, Barksdale, Brown, Bond, Butt, Byrd, Carter, Curtis, Daniel, Denmark, Fouche, Gorman, Guerry, Harris. fl;trrell, Hawes, II ackctt, )-[ icks, Jordan, Johnson, King, .\IcDaniel, :\lattox, McWhorter, Meldrim, Moseley, Neal, Parks, Payne, Price, Reid, Smith of the 5th, Smith of the 15th, Smith of the 23d, Storey, Suddath, Treadwell, \Vestbrook, Wilson, Winn, Woodward, :\IR. PRESillENT-43. THE \"OTE OF HEPRESENTATI\"ES .\Iessrs. Adderton, Anderson, A wtry, Bacon of Chatham, Barnes, Barrow, Basinger, Bates, Beatty, Bennett, Bird, Branch, Branson, Brewer, Brinson, Broyles, Bull, Cameron, Carter, Carithers, Christie, Clark, Coffin, Cook, Crozier, Crumbley, Daniel, Davis of Habersham, Davis of Lumpkin, Day, Denton. Dial, DuBignon, DuPree of " Macon, DuPree of Pike, Dyer, Edwards, Estes, Farnell, NovEMBbR 18, r88o. 107 Feagin, Flynt, Fordham, Fo-;ter, Fuller, Garrard, Gaskins, Glover, Goodrich, Gray, Hagen, Hale, Hall, Hammond, Hansell, Harp, Harrell, Heard, Heath, Henry, Hester, Hightower of Early, Hightower o' Stewart, Hill, Hillyer, Hunt, Hutchins, Jackson of Carroll, Jackson of Richmond, James, Johnson of Johnson, Johnson of Lee, Jones of Baker, Jones of DeKalb, Julian, Keil, Kennedy, Kimsey, Lamar, Lamb, Lonnon, Lester, Lewis, Little, Maddox, Martin of Houston, 1\Iartin of Talbot, Mathews, Mays of Hichmond, ~lcAllister, McBride, ~1c('ants, McClure, McClellan, Mcintosh, McKinney, McLucas. Middlebrook, Miller, :\[itchell, Milner, :\Ioore of Hancock, :Moore of Pierce, :VIoore of Taliaferro, :\lorrow, Nichols, ~orthcn, Orr, Palmour. Park, Patterson, Peek. Polhill, Post, Price, f the Hon. Beverly A. Thornton was ,,ithdrawn. It appeared, on the verification of the vote, that the Hon. J. T. Willis had received I 16 vote_s; the Hon. James L. Wimberly had received 84 votes; and the Hon. Beverly A. Thornton had received I I votes-this number being left after the change of votes consequent upon the withdrawal of his name. The whole number of votes cast was 211-necessary to elect 1o6. The Hon. J. T. Willis, of the count~ of Talbot, having received a majority of all the votes cast, the same being a majority of the General Assembly, was declared legally elected Judge of the Superior Court for the Chattahoochee Circuit for tht term of four years, commencing on the first day of January, 1881. The President announced as the next business in order, the election of a J uclgc of the Cherokee Circuit for the term of four years, commencing on the first day of January, 1881, and that nominations would be received therefor. 120 jOURNAL OF THE SENATE, Whereupon, the Hon. J. C. Fain, of the county of Gordon; the Hon. J. A. Shumate, and Col. R. J. McCaury, of the county of Whitfield, were placed in nomination. There being no other nominations, the Secretary, under direction of the President, proceeded to call the roll of the General Assembly in an election for the said office. THE VOTE OF SENATORS, The following voted for the Hon. J. C. Fain: Messrs. Baggs, Baker, Brown, Daniel, Duggar, Gorman, Guerry, Harrell, Harris, Hawes, Hicks, Jordan, Johnson, King, McWhorter, Meldrim, Moseley, Neal, Payne, Reid, Smith of the sth, Smith of the I sth, Smith of the 23d, Storey, Suddath, Treadwell, Westbrook, Woodward, Mr. PRESIDENT-29. The following voted for Col. R. J. McCaury: Messrs. Bond, Carter, Curtis, Denmark, Fouche, McDaniel, Mattox, Parh, Wilson, Winn-10. The following voted for the Hon. J. A. Shumate: Messrs. Barksdale, Butt, Byrd, Hackett, Price-s. THE VOTE OF REPRESENTATIVES. The following voted for the Hon. J. C. Fain : Messrs. Adderton, Anderson, Awtry, Barnes, Bird, Branch, Branson, Brewer, Cameron, Carter, Crawford, Crozier, Crumbley, Davis of Habersham, Day, Denton, DuBignon, DuPree of Macon, DuPree of Pike, Dyer, Edwards, Estes, Farnell, Flynt, Foster, Fuller, Garrard, Gaskins, Glover, Goodrich, Hagen, Harrell, Henry, Hester, Hightower of Early, Hillyer, Hunt, Jackson of Carroll, Jackson of Richmond, James, Janes, Johnson of Johnson, Jones of Baker, Kennedy, Lamb, Lannon, Lester, Lewis, Martin of Houston, Martin of Talbot, McBride, McKinney, McLucas, Middlebrook, Milner, Patterson, Polhill, Rankin, Rawlins, Render, Rice, Robins, NOVEMBER I 9, I 880. I21 Roney, Sapp, Sellars, Scruggs, Shockley, Singellton, Silman, Smith of Union, Spearman, Stanford, Story, Sumner, Tharpe, Thompson, Turner of Floyd, Turnipseed, Twiggs, Walker of Crawford, Walker of Jasper, Williams, Wilson of Camden, vVilcox, Wingfield, \Vinslow, \Vithrow, Wright, Youngblood, Z;}chry. Zellars, Mr. SPEAKER-9 1. The following voted for Col. R, J. McCaury: Messrs. Beatty, Bennett, Broyles, Bull, Carithers, Christie, Coffin, Cook, Daniel, Feagin, Gray, Hansell, Harp, Hightower of Stewart, Julian, Keil, Kinsey, Lamar, Little, Mathews, Mays of Butts, McCants, McClure, Mcintosh, Miller, Palmour, P.uk, Perkins, Post, Price, Ritchie, Smith of Oglethorpe, Spence, Turner of Monroe, Walker of Berrien, Willingham, Wilson of Bulloch, Wilson Greene--38. . The following voted for the Hon. J. A. Shumate : Messrs. Bacon o[ Chatham, Barrow, Basinger, Bates, Brinson, Clark, Davis of Lumpkin, Dial, Fordham, Hale, Hammond, Heard, Heath, Hill, Hutchins, Johnson of Lee, Maddox, Mitchell, Moore of Hancock, Moore of Pierce, Moore of Taliaferro, Morrow, Northen, Orr, Peek, Quillian, Rainey, Reese, Stapleton, Strother, Summerlin, vVheeler, Whittle, Wilkinson-35. On counting up the vote it appeared that the Hon. J. C. Fain had received 120 votes; the Hon. J. E. Shumate had received 40; and Col. R. J. McCaury had received 48 votes. The whole number of votes cast was 210-necessary to elect 106. ' The Hon. J. C. Fain, of the county of Gordon, having received a m:tjority of all the votes cast, the same being a majority of the General Assembly, the President so an- nounced, and declared the Hon. J. C. Fain legally elected Judge of the Cherokee Circuit for the term of four years, commencing on the first day of January, 1881. 122 JOURNAL OF THE SENATE, The President announced as the next business in order, the election of a Judge of the Superior Court of the Coweta Circuit, to 'ill the unexpired term of the Hon. Hugh Buchanan, resigned, the said term to end on the first day of January, 1881, and that nominations would be received therefor. Whereupon, the Bon. F. M. Longley, of the county of Troup was placed in nomination. There being no other nominations, the President directed the Secretary to proceed with the call of the roll for said r lection. The following shows the vote cast therefor : THE VOTE OF SENATORS. The following voted for the Han. F. M. Longley, : Messrs. Baggs, Baker, Barksdale, Brown, Bond, Butt, Byrd, Carter, Curtis, Daniel, Denmark, Duggar, Fouche, Gorman, Guerry, Harris, Harrell, Hawes, Hackett, Hicks, Jordan, Johnson, King, McDaniel, Mattox, McWhorter, Meldrim, Moseley, Neal, Parks, Payne, Price, Reid, Smith of the 5th, Smith of the 15th, Smith of the 23d, Storey, Suddath, Treadwell, \Vestbrook, \Vinn, Woodward, MR. PRESI m;-,T-43. "1 HE VOTE OF REPKESE:\TATIVES. The following voted for the Hon. F. :vi. Longley: Messrs. Adderton, Anderson, Awtry, Bacon of Chatham, Barrow, Basinger, Bates, Beatty, Bennett, Bird, Branch, Branson, Brewer, Brinson, Broyles, Bull, Cameron, Carter,. Carithers, Clark, Cook, Crawford, Cr zier, Daniel, Davis oi Habersham, Davis of Lumpkin, Day, Denton, Dial, DuBignon, DuPree of Macon, DuPree of Pike, Dyer, Edwards, Estes, Farnell, Feagin, Flynt, Fordham, Foster, Fuller, Garrard, Gaskins, Glover, Hagen, Hale, Hammond, Hansell, Harp, Harrell, Heard, IJeath, Henry, Hester, Hightower of Early, Hill, Hillyer, Hutchins, Jackson of Carroll, Jackson of RichmoPd, James, Janes, NovEMBER 19, t88o. 123 Jones of Baker, Jones of DeKalb, Julian, Keil, Kennedy, Kimsey, Lamar, Lamb, Lester, Lewis, Little, Martin of Houston, Martin of Talbot, Mathews, Mays of Rich mond, McCants, McClure, McClellan, Mcintosh, McLucasMiddlebrook, Miller, Mitchell, Milner, Moore of Hancock, Moore of Pierce, Moore of Taliaferro, ~Iarrow, Nichols, Northen, Orr, Palmour, Park, Patterson, Peek, Polhill, Post, Quillian, Raney, f{ankin. Rawlins. Reese, Render, Ritchie, Robins, Roney, Sapp, Sellars, Shockley, Singellton, Silman, Smith of Oglethorpe, Smith of Union, Spence, Spearman, Stanford, Story, Strother, Summer\in, Sumner, Tharpe, Thompson, Turner of Floyd, Turnipseed, Twiggs, \Valker of Crawford, Walker of Jasper, Wheeler, Whittle, Willin.~ham, Wilkinson, Wilson of Bulloch, Wilson of Camden, Wilson of Greene, Wilcox, Wingfield, \Vinslow, 'Withrow, Wright, Youngblood, Zachry, Zellars, MR. SPEAKER-146. Upon counting up the vote, it appeared that the Hon. F. M. Longley had received 189 votes, the same being the entire number cast, and a majority. of the General Assembly, the President therefore declared the Hon. F ..\1. Longley, of the county of Troup, legally elec,tcd Judge of the Superior Court of Coweta Circuit for the unexpired term of the Hon. H Ltgh Buchanan, resigned; said term to end on the first day of January, 1881. The President ;umc.unccd as the next business before the Genercol Assembly, the election of a Judge uf the Superior Court for the Coweta Circuit, for the term ot four years, commencing on the fir,.;t day of January, 1881, and t!Hlt nominations would be rtceived therefor. The lion. Sampson \N. HaJTis, of the county of Carroll, was placed in nomination for said office, and there being no other nominations, the Secretary, by direction of the President, proceeded to call the roll in an election for the said office. 124 JoURNAL OF THE SENATE, The following shows the vote of the General Assembly therefor: THE VOTE OF SENATORS. The following voted for the Hon. Sampson W. Harris : Messrs. Baggs, Baker, Barksdale, Brown, Bond, Butt, Byrd, Carter, Curtis, Daniel, Denmark, Duggar, Fouche, Gorman, Guerry, Harris, Harrell, Hackett, Jordan, Johnson, King, McDaniel, McWhorter, Mattox, Meldrim, Moseley, Neal, Parks, Payne, Price, Reid, Smith of the sth, Smith of the I 5th, Sm_ith of the 23d, Storey, Suddath, Treadwell, Westbrook, Wilson, Winn, Woodward, MR. PR~SIDENT-42. THE VOTE OF REPRESENTATIVES. The following voted for the Hon. Sampson W. Harris : Messrs. Adderton, Awtry, Bacon of Chatham, Barnes, Barrow, Bassinger, Beatty, Bennett, Bird, Branch, Branson, Brewer, Broyles, Cameron, Carter, Carithers, Christie, Clark, Cook, Crawford, Crozier, Crumbley, Daniel, Davis of Habersham, Davis of Lumpkin, Denton, Dial, DuBignon, DuPree of Macon, DuPree of Pike, Dyer, Edwards, Estes, Feagin, Farnell, Flynt, Fordham, Foster, Fuller, Garrard, Gaskins, Glover," Goodrich, Hagen, Hale, Hammond, Hansell, Harp, Harrell, Heard, Heath, Henry, Hester, Hightower of Early, Hightower of Stewart, Hill, Hillyer, Hutchins, Jackson of Carroll, Jackson of Richmond, James, Janes, Johnson of Johnson, Jones of Baker, Jones of DeKalb, Keil, Kennedy, Kimsey, Lamar, Lamb, Lonnon, Lester, Lewis, Little, Maduox, Martin of Houston, .Martin of Talbot, Mathews, Mays of Butts, Mays of Richmond, McBride, McCants, McClure, McClellan, Mcintosh, McKinney, McLucas, Middlebrook, Miller, Mitchell, Mil11er, Moore of Hancock, :VIoore of Pierce, Moore of Taliaferro, Morrow, Nichols, Northen, Orr, Palmour, Park, Patterson, Peek, Perkins, Polhill, Post, NovEMBER 19, 188o. . 125 Price, Quillian, Rainey, Rankin, Rawlins, Reese, Render, Rice, Hitchie, Robins, Roney, Sapp, Sellars, Scruggs, Shockley, Singellton, Silman, Smith of Oglethorpe, Smith of Union, .Spence, Spearman, Stanford, Story, Strother, Summerlin, Sumner, Tharpe, Thompson, Turner of Floyd, Turner of Monroe, Turnipseed, Twiggs, Walker of Berrien, 'Walker of Crawford, Walker of Jasper, Wheeler, Whittle, Williams, Willingham, Wilkinson, Wilson of Bulloch, Wilson of Camden, Wilson of Greene, Wilcox, Wingfield, Winslow, Wright, Youngblood, Zachry, Zellars, MR. SPEAKEH.-1$8. On counting up the vote it appeared that the Hon. Sampson W. Harris had received 200 votes, the same being the entire number cast, and a majority of the General Assembly. He was, therefore, declared by the President, to be legally elected Judge of the Superior Court of the Coweta Circuit, for the term of four years, commencing on the first day of January, 1881. The President announced as the next business in order, the election of a Judge of the Superior Court of the Eastem Circuit for the term of four years, commencing on the first day of January, 1881, and that nominations therefor would be received. The name of the Hon. \Villiam B. Fleming, of the county of Liberty was placed in nomination, and there being no other nominations, the President directed the Secretary to call the roll for said election. The following show>. the vote of the General Assembly therefor: THE VOTE OF SENATORS. The following voted for the Hon. William B. Fleming: Messrs. Bagg~. Baker, Barksdale, Brown, Bond, Butt, Byrd, Carter, Curtis, Daniel, Denmark, Duggar, Fouche, Gorman, Guerry, Harris, Hawes, Hackett, Hicks, Jordan, Johnson, King, McDaniel, Mattox, McWhorter, Meldrim, 126 }OURt.AL OF THE SENATE. Moseley, Neal. Parks, Payne, Price, Reid, Smith of the 15th, Smith of the 23d, Suddath, Westbrook, Wilson, Winn, Woodward, MR. PRESIDENT-40. THE VOTE OF REPRESENTATIVES. The following voted for the Hon. William B. Fleming: Messrs. Adderton. Awtry, lhcon of Chatham, B1rnes, Barrow, Bacinger, Bates, Beatty, Bennett, Bird, Branch, Brewer, Brinson, Broyles, Cameron, Carithers, Christie, Clark, Coffin, Cook, Crawford, Crumbley, Daniel, Davis of Habersham, Davis of Lun1pkin, D:ty, Dial, DuDignon, DuPree of Macon, DuPree of Pike, Dyer, Estes, Farnell, Feagin, Flynt, Fordham, Fuller, Garrard, Gaskins, Glover, Hale, Hammond, Hansell, Harp, Harrell, Heard, Heath, Henry, Hester, Hightower of Early, Hightower of Stewart, Hill, Hillyer, Hunt, Hutchins, Jackson of Carroll, Jackson of Richmond, James, Janes, Johnson of Johnson, Johnson of Lee, Jones of Baker, Jones of DeKalb, Julian, Keil, Kennedy, Kimsey, Lamar, Lamb, Lester, Lewis, Little, Maddox, ~hrtin of Houston, Martin of Talbot,. Mathews, Mays of Butts, Mays of Richmond, McBride, McCants, McClure, McClellan, Mcintosh, McKinney, McLuca8, Middlebrook, Miller, Mitchell, Morrow, Nichols, Northen, Orr, Palmour, Park, Patterson, Peek, Perkins, Polhill, Post, Price, Quillian, Rainey, Rankin, Rawlins, Reese, Render, Hice, Ritchie, Robins, Roney, Sapp, Sellars, Scruggs, Singellton, Silman, Smith of Oglethorpe, Smith of Union, Spence, Spearman, Stanford, Stapleton, Story, Strother, Summerlin, Sumner, Thompson, Turner of Floyd, Turner of Monroe, Turnipseed, Twiggs, vValker of Berrien, vValker of Crawford, vValker of Jasper, \Vheeler, Whittle, Williams, vVilkinson, Wilson of Bulloch, Wilson of Camden, Wilcox, Wingfield, Winslow, Withrow, Wright, Youngblood, Zachry, Zellars, MR. SPEAKER -148. On counting up the vote, it appeared that the Hon_ NovEMBER I9, 1~80. I27 William B. Fleming, of the county of Liberty, had received I 88 votes, the same being a majority of the General Assembly and the entire number of votes cast. He was, therefore, declared, by the President, legally elected Judge of the Superior Court, for the term of four years, beginning on the first day of January, I88 1. The President announced, as the next business in order, the election of a Judge of the Superior Court for the Chattahoochee Circuit, to fill the unexpired term of the Hon. Martin J. Crawford, resigned, the same to end on the first day of January, I 88 r, and declared that nominations therefor would be received. The Hon. James L. \Vimberly, of the county of Stewart, was placed in nomination. There being no other nominations, the Presidrnt directed the Secretary to call the roll for said election. The following shows the vote of the General Assembly therefor: THE VOTE OF THE SENATORS. The following voted for the Hon. James L. "Wimberly: Messrs. Baggs, Baker, Barksdale, Brown, Bond, Butt, Byrd, Carter, Curtis, Daniel, Denmark, Duggar, Fouche, Gorman, Guerry, Harris, Harrell, Hackett, Hicks, Jordan, Johnson, King, McDaniel, Mc\Vhorter, Moseley, Neal, Parks, Price, Reid, Smith of the 5th, Smith of the 15th, Smith of the 23d, Storey, Treadwell, Westbrook, Winn, MR. PRESIDENT-37 VOTE OF REPRESENTATIVES. The following voted for the Hon. James L. Wimberly: Messrs. Adderton, Anderson, Awtry, Bacon of Chatham, Barnes, Barrow, Bassinger, Bennett, Bird, Branch, Branson, Brewer, Brinson, Broyles, Cameron, Carter, Carithers, Christie, Clark, Coffin, Cook, Crawford, Crozier, Crumbley, Davis of Habersham, Denton, Dial, DuBignon, DuPree 128 JouRNAL OF THE SENATE, of Macon, DuPree of Pike, Dyer, Edwards, Estes, Farnell, Feagin, Flynt, Fordham, Foster, Fuller, Garrard, Gaskins, Glover, Goodrich, Gray, Hagen, Hale, Hammond, Hansell, Harp, Harrell, Heard, Heath, Henry, Hester, Hightower of Early, Hightower of Stewart, Hill, Hillyer, Hutchins, Jackson of Carroll, Jackson of Richmond, James, Janes, Johnson of Johnson, Johnson of Lee, Jones of Baker, Jones of DeKalb, Julian, Keil, Kennedy, Kimsey, Lamar, Lamb, Lonnon, -Lester, Lewis, Little, Maddox, Martin of Houston, Martin of Talbot, Mathews, Mays of Butts, Mays of Richmond, McBride, McCants, McClure, Mcintosh, McKinney, McLucas, Middlebrook, Miller, Mitchell, Milner, Moore of Hancock, Moore of Pierce, Moore of Taliaferro, :\1 orrow, Nichols, N orthen, Orr, Palmour, Park, Patterson, Peek, Polhill, Post, Price, Quillian, Rainey, Rankin, Rawlins, Reese, Render, Rice, Ritchie, Robins, Roney, Sapp, Sellars, Scruggs, Singellton, Silman, Smith of Oglethorpe, Smith of Union, Spence, Spearman, Stanford, Strother, Summerlin, Sumner, Tharpe, Thompson, Turner of Floyd, Turner of Monroe, Turnipseed, Twiggs, walker of Crawford, Walker of Jasper, Wheeler, Whittle, Williams, Willingham, Wilkinson, "Wilson of Bulloch, Wilson of Camden, "Wilson of Grc<;ne, "Wilcox, Wingfield, Winslow, \:Vright, Youngblood, Zachry, Zellars, l\11{. SPEAKI:R- I 57 On counting up the vote it appeared that the Hon. James L. \Vimbcrly, of the county of Stewart had received I 94 votes, the same being the entire number cast, and a majority of the General Assembly. He was, therefore, declared by the President to be legally elected Judge of the Superior Court for the Chattahoochee Circuit, to fill the unexpired term of the Hon. Martin J. Crawford, resigned, said unexpired term to end on the first day of January, 188 I. The General Assembly was, on motion, dissolved, to reconvene at fifteen minutes after 3 o'clock, p.m., this day. NovEMBER 19, r8oo. 129 The Senate.withdrew to the Senate Charnber, and being <::alled to order by the President, took a recess until 3 -o'clock, p. m., this day. 3 o'CLOCK, P. M. The period of recess having expired, the President called the Senate to order. The following message was received from the House of Representatives through Mr. Hardin, the Clerk thereof: Mr. President: The House of Representatives has adopted the following resolution, in which they ask the concurrence of the Senate, to-wit: A resolution fixing the time for the election of a Judge of the Flint Judicial Circuit, to fill the unexpired term of the Hon. Alexander M. Speer, resigned. I am instructed to transmit the same forthwith to the Senate. Mr. Winn moved to take up and concur in the resolution mentioned in the foregoing message of the House of Rep resen tati ves. Mr. McDaniel submitted as a point of order the fact that a resolution offered by Mr. ~1eldrim on the same subject, and a proposed amendment thereto, were pending as unfinished business, and, conseq1ently, took precedence of the motion of Mr. 'Nino. The point was decided by the President to be well taken, whereupon Mr. Meldrim withdrew the resolution pending as unfinished business and which had been offered by him. Mr. Wino then renewed his motion to take up and concur in the joint resolution from the House of Representa tives, and Mr. ~lcDaniel proposed to amend the same by striking out all that po'rtion which fixed the period immediately succeeding the election of Judges now in progress by the General Assembly, and substituted the period immediately after the elections for Solicitors General. 9 JouRNAL OF THE SENATE, In support of his proposed amendment Mr. McDaniel occupied the floor until fifteen minutes after 3 o'clock, p. m., at which hour the President announced that the time had arrived for the General Assembly to reconvene. The Senate, in a body, repaired to the Hall of Representatives, and was received by the House of Representatives. The President took the chair, called the General Asse.nbly to order, and announced as the first business before the body the election of a Judge of the Superior Court for the Middle Circuit, to fill the unexpired term caused by the death of the Hon. Herschel V. Johnson, the same to terminate on the first day of January, 1883, and that nominations therefor would be received. The following gentlemen were placed in nomination, viz: the Ron. John C. Dell, of the county of Screven; the Hon. Josephus Camp, of the county of Emanuel; and the Ron. Reuben vV. Carswell, of the county of Jefferson. There being no other nominations, the President directed the Secretary to call the roll for the said election. The following shows the vote of the General Assembly for said office: THE VOTE OF SENATORS. The following voted for the Ron. John C. Dell: Messrs. Baggs, Bond, Butt, Denmark, Duggar, Fouche, Gorman, Harris, Hackett, Johnson, King, Mattox, Meldrim, Moseley, Parks, Smith of the I sth, Smith of the 23d, Storey, Suddath, Treadwell, Wilson, Wino, Woodward, MR. PRESIDENT-24. The following voted for the Hon. Reuben W. Carswell : Messrs. Baker, Barksdale, Brown, Byrd, Carter, Daniel, Guerry, Harrell, Hawes, Jordan, McDaniel, McWhorter, Neal, Price, Reid, Westbrook-16. The following voted for the Hon. Josephus Camp: 'NOVE\IBER 19, 1~80. ~fessrs. Curtis, Hicks, Smith of the )th-3. TilE \'OTt: OF REPRESENTATIVES. The following voted for the Hon. John C. Dell: Messrs. Adderton, Bacon of Chatham, Barnes, Basinger, Bates. Bird, Branch, Branson, Broyles, Burch, Cameron, Carter, Clark, Cook, Crawford, Daniel, Dial, Estes, Goodrich, Hagen, Hale, Hall, Heath, KeiL Kimsey, Lamb, Lonnon, Little, Martin of Talbot, McCants, :\lcintosh, McKinney, Nichols, Perkins, Rainey, Robins, Sellars, Singellton, Spence, SpearmCJ.n, Stanford, Story, Turner of Floyd, Turner of Monroe, \\rilliams, Willingham, 'Wilson of Bulloch, wright. MR. S!'EAKER.-47. The following voted for the Hon. Reuben \V. Carswell: Messrs. B1rry, Beatty, Bennett, Brewer, Bull, Coffin, Crozier, Crumbley, Davis of Habersham, Davis of LumpDuBignon. DuPree of ~lacon, DuPree of Pike, Dyer, Edwards, Farnell, Feagin, Flynt, Fordham, Foster, Fuller, Garrard, Gaskin, Glover, Gray, Hammond, Han-seli, Harp, Harrell, Heard, Henry, Hester, Hightower of Early, HightowerofStewart. Hill, Hillyer, Hunt, Hutchins, Jackson of Carroll, Jackson of Richmond, James, Janes, Johnson of Johnson, Johnson of Lee, Jones of Baker, Jones of DcKalb, Julian, Kennedy, Lamar, Lester, Lewis, Maddox, Matthews, Mays of Richmond, McAllister, Mc.Bride, McCiure, ~fcClellan, :McLucas, Middlebrook, Miller, Milner, :Muore of Hancock, l\foore of Pierce, Moore of Pierce, Moore of Taliaferro, :Northen, Orr, Palmour, Park, Patterson, Peek, Polhill, Post, Price, Quillian, Rankin, Rawlins, Reese, Render, Rice, Ritchie, Roney, Sapp, Scruggs, Shockley, Silman, Smith of Oglethorpe, Smith of Union, Strother, Summerlin, Sumner, Tharpe, Thompson, Turnipseed, Twiggs, Walker of Berrien, Walker of Crawford, \Valker of Jasper, Wheeler, Whittle, Wilkinson, Wilson of Camden, Wilson of Greene, vVilcox, Wingfield, Withrow, Youngblood, Zachry, Zellars.-109. JouRNAL OF THE SENKJE, The following voted for the Hon. Josephus Camp: Messrs. Anderson, Awtry, Brinson, Carithers, Christie, Denton, Martin of Houston, :\fays of Butts, Mitchell. Morrow-10. On counting up the vote it appeared that the Hon. John C. Dell had received 7 I votes ;, the Hon. Josephus Camp had received 13 votes; and the Hon. Reuben W. Carswell had received 125 votes. The whole number of votes cast was 211-necessary to elect 106. The Hon. Reuben W. Carswell having received a majority of all the votes cast, the same being also a majority of the General Assembly pre~ent, he was by the Presi dent rleclared to be legally elected Judge of the Middle Circuit to fill a vacancy caused by the death of the Hon. Herschel V. Johnson, the term to expire on the first day of January, rSS3. The President announced as the next business before the General Assembly, the election of a Judge of the Superior Court for the Northern Circuit for the term of four years, the same to begin on the first day of January, rSS I, and that nominations were in order therefor. The Hon. E. H. Pottle of the county of Warren being placed in nomination, and there being no other nomination, the President directed the Secretary to call the roll for said election. The following shows the vote of the General Assembly therefor: THE VOTE OF SENATORS. The following voted for the Hon. E. H. Pottle: Messrs. Baggs, Baker, Barksdale, Brown, Bond, Butt, Byrd, Carter, Curtis, Daniel, Denmark, Duggar, Fouche, Gorman, Guerry, Harris, Harrell, Hawes, Hackett, Hicks, Jordan, Johnson, King, McDaniel, Mattox, McWhorter, Meldrim, Moseley, Neal, Parks, Payne, Price, Reid, Smith NovEMB~oR 19, 188o. 133 of the 5th, Smith of the 23d, Storey, Suddath, Treadwell, Westbrook, Wilson, Winn, Woodward, MR. PRESIDENT -43 THE VOTE OF REPRESENTATIVES. The following voted for the Hon. E. H. Pottle: Messrs. Anderson: Awtry, Bacon of Chatham, Barrow, Basinger, Bates, Beatty, Bennett, Bird, Branch, Branson, Brewer, Brinson, Broyles, Bull, Cameron, Carter, Carithers, Christie, Clark, Coffin, Cook, Crawford, Crozier, Crumbley, Daniel, Davis of Habersham, Davis of Lump kin, Day, Denton, Dial, DuBignon, DuPree of Macon, DuPree of Pike, Dyer, Edwards, Estes, Farnell, Feagin, Flynt, Fordham, Fuller, Garrard, Gaskins, Glover, Good rich, Gray, Hagen, Hale, Hammond, Hansell, Harp, Harrell, Heard, Heath, Henry, Hester, Hightower of Early, Hightower of Stewart, Hill, Hillyer, Hunt, HEtchins, Jackson of Carroll, Jackson of Richmond, James, Janes, Johnson of Johnson, Johnson of Lee, Jones of Baker, Jones of DeKalb, Julian, Keil, Kennedy, Kimsey, Lamar, Lamb, Lane, Lonnon, Lester, Lewis, Little, Maddox, Martin of Houston, Martin of Talbot, Mathews, Mays of Butts, Mays of Richmond, McBride, McCants, McClure, McClellan, Mcintosh, McKinney, McLucas, Middlebrook, Miller, Mitchell, Milner, Moore of Hancock, Moore of Pierce, Moore of Taliaferro, Morrow, Nichols, Northen, Orr, Palmour, Park, Patterson, Peek, Perkins, Polhill, Post, Quillian, Raney, Rankin, Rawlins, Reese, Render, Rice, Ritchie, Robins, Roney, Sapp, Sellars, Scruggs, Shockley, Singellton, Silman, Smith of Oglethorpe, Smith of Union, Spence, Spearman, Stanford, Strother, Sumner, Tharpe, Thompson, Turner of Floyd, Turner of Monroe, Turnipseed, Twiggs, \Valker of Berrien, Walker of Crawford, Walker, of Jasper, Wheeler, Whittle, Williams, Willingham, Wilkinso11, Wilson of Bulloch, Wilson of Camden, vVilson of Greene, Wilcox, \Vingfield, Withrow. 134 JoURNAL OF THE SENATE, \\rright, Youngblood, Zachry, Zellars, MH. SPEAKER-162. The following voted for the Hon. !::leaborn Reese: Messrs. Price and Sweat-2. On counting up the vote, it appeared that the Hon. E. H. Pottle, of the county of Warren, had received 205 votes, the same being a majority of the whole number cast. and also a majority of the General Assembly present. He was therefore declared by the President to be legally elect- ed Judge of the Superior Courts for the Northern Circuit, for the term of four years, the ~arne to commence on the first day of January, 188 1. The President announced as the next busine~s in order, the election of a Judge of the Oconee Circuit, for the term of four years, beginning on the first day of January, 1881, and that nominations would be received therefor; where- upon the Hon. A. C. Pate, of the county of Pulaski, was nominated, and there being no other nominations, the President directed the Secretary to call the roll for said election. The following shows the vote of the General Assembly for the same: THE \"OTE OF SENATORS. The following voted for the Hon. A. C. Pate: Messrs. Baggs, Baker, Barksdale, Brown, Bond, Butt, Byrd, Carter, Curtis, Daniel, Dcnm;irk, Duggar, Fouche, Gorman, Guerry, Harris, Harrell, Hawes, Hackett, Jordan, Johnson, King, McDaniel, Mattox, Mc\Vhorter, Meldrim, Moseley, Neal, Parks, Payne, Price, Heitl, Smith of the sth, Smith of the I 5th, Smith of the 23d, Storey, Suddath, Treadw()ll, Westbrook, \Vilson, Winn, 'Woodward, ~11<. PJSembly for said office : THE VOTE OF SENATORS. The following voted for Mr. Boy kin Wright: Messrs. Baker, Butt, Carter, Curtis, Daniel, Denmark, Duggar, Gorman, Harris, Hawes, Hackett, King, McDaniel, Meldrim, Parks, Payne, Storey, Suddath, \Yinn, Woodward, ~fR ..PRESIDENT-2 T. The following voted for Mr. Howard E. W. Palmer: Messrs. Barksdale, Brown, Bond, Byrd, Fouche, Guerry, Harrell, Hicks, Jordan, Mattox, Mc\Vhorter, Mosley, Price, Reid, Smith of the 5th, Smith of the IS th-I6. The following voted for Col. Salem Dutcher: Messrs. Baggs, Johnson, Smith of the 23d, \Vestbrook-4. THE VOTE OF REPRESENTATIVES. The following voted for the Mr. Boykin Wright : Messrs. Anderson, Awtry, Barnes, Barrow, Basinger, Brinson, Bull, Cameron, Carter, Christie, Cook, Crumbley, Daniel, Davis of Habersham, Dial, DuPree of Macon, Du- N ovE~t BER 20, 188o. Pree of Pike, Dyer, Estes, Farnell, Fuller, Gaskins, Glover, Goodrich, Hagen, Hammond, Hansell, Harp, Heard, Henry, Hester, Hightol\er of Early, Hightower of Stewart, Hill, Hillyer, Jackson of Richmond, James, Johnson of Johnson, Johnson of Lee, Jones of B1ker, Kimsey, Lamar, Lonnon, Little, ::\Iaddox, :VIathcws, :\fays of Butts, Mays of Richmond, McAllister, :\TcClure, Mcintosh, McLucas, Middlebrook, Milner, Moore of Pierce, ~1orrow, Nichols, Orr, Patterson, Peek,. Polhill, Post, Price, Quillian, Baney, Rankin, Rawlins, Reese, Render, Rice, Ritchie, Sapp, Sellars, Scruggs, Silman, Smith of Oglethorpe, Smith of Union, Spearman, Strother, Sumner, Sweat, Thompson, Twiggs, Walker of Crawford, Walker of Jasper, Whittle, Williams, Willingham, \Vilson of Camden, Withrow, wright, Zachry, Zel!ars-93 The following voted for Mr. Howard E. W. Palmer: Messrs. Adderton, Bacon of Chatham, Bates, Beatty, Bennett, Bird, Brewer, Broyles, Carithers, Clark, Coffin, Crawford. Crozier, Davis of Lumpkin, Day, Denton, DuBignon, Edwards, Feagin, Flynt, Fordham, Foster, Garrard, Hale, Hall, Heath, Hunt, Janes, Julian, Keil, Kennedy, Lamb, Lester, Martin of Houston, Martin of Talbot, McBride, McCants, McKinney, l\fitchell, Moore of Han cock, Palmour, Park, Perkins, Robins, Singellton, Spence. Story, Summerlin, Tharpe, Turner of Monroe, \Vheeler, Wilson of Bulloch, \Vilson of Greene, \Vingfield, Youngblood, MR. SPEAKER-56. The following voted for Col. Salem Dutcher: Messrs. Branch, Branson, Gray, Hutchins, Jackson of Carroll, Lane, Lewis, McClellan, Northen, Shockley, Stanfvrd, Turner of Floyd, Turnipseed, walker of Berrien, Wilkinson, Wilcox-16. On counting up the vote, it appeared that Mr. Howard E. W. Palmer had received 72 votes; Col. Salem Dutcher had received 20 votes, and l\fr. Boykin Wright had received I 14 votes. Jol"R!'aniel, Mosley, Neal, Parks, Reid, Smith of the 5th, Smith of the 23d, Storey, \Y1lson, ~IR. PRESIDENT-20. The following voted for Mr. G. B. Mabry: Messrs. Baggs, Barksdale, Daniel, Harrell, Hawes, Mat tox, ~Ic\Vhorter, Price, "'estbrook, 'Vinn-10. The foiiowing voted for Mr. J. J. Carter: Messrs. Baker, Butt, Carter, Curtis, Hicks, Johnson, l\1 eldrim, Smith of the 15 th-8. THE VOTE OF REPRESEl'\TATIVES. The following voted for ~Ir. lr~ E. Smith: Messrs. Anderson, Barnes, Bates, Bennett, Bird, Bull, Carithers, Christie, Crawford, Crumbley, Davis of Lumpkin, Day, Denton, Dial, Feagin, Foster, Gray, Hale, Heath, Hillyer, Hutchins, Jackson of Richmond, James, Johnson of Johnson, Johnson of Lee, Julian, Keil, Kimsey, NovEMBER 20, 188o. Lamar, Lester, Martin of Houston, Mays of Richmond, McClure, McKinney, Middlebrook, Moore of Pierce, Moore of Taliaferro, Palmour, Park, Peek, Post, Price, Roney, Scrugg,;, Shockley, Silman, Spearman, Stanford, Sweat, Tharpe, Thompson; Turner of Floyd, Whittle, Wilkinson, Wingfield, Withrow, Zachry, Zellars-57. The following voted for Mr. G. B. Mabry: Messrs. Adderton, Basinger, Branch, Branson, Broyles, Cameron, Cook, DuBignon, Dyer, Estes, Farnell, Flynt, Gaskins, Goodrich, Hagen, Hammond, Hansell, Henry, Hester, Hightower of Early, Hill, Jackson of Carroll, Jones of Baker, Jones of DeKalb, Lamb, Lane, Lonnon, Maddox, Matthews, Mcintosh, Milner, Moore of Hancock, Morrow, Northen, Orr, Perkins, Polhill, Quillian, Rainey, Rankin, Reese, Render, Robins, Sapp, Singellton, Smith of Oglethorpe, Smith of Union, Strother, Summerlin, Sumner, Turner of Monroe, Twiggs, Walker of Berrien, Walker of Crawford, Walker of Jasper, \Vheeler, Williams, Willingham, Wilson of Camden, Wilson of Greene, Youngblood-62. The following voted for l\lr. J. I. Carter: Messrs. Awtry, Bacon of Chatham, Barrow, Beatty, Brewer, Brinson, Carter, Clark, Coffin, Crozier, Daniel, Davi:; of Habersham, DuPree of Macon, DuPree of Pike, Edwards, Fordham, .Fuller, Garrard, Glover, Hall, Harp, Heard, Hightower of Stewart, Janes, Kennedy, Lewis, Little, Martin of Talbot, :\lays of Butts, McAllister, McBride, McCants, McLucas, Mitchell, Nichols, Patterson, Rawlins, Rice, Ritchie, Sellars, Spence, Story, Turnipseed, Wilcox, Wright, MR. SPEAKER-47 On counting up the vote, it appeared that Mr. Ira E Smith had received 77 votes; Mr. G. B. Mabry had received 72 votes, and Mr. J. I. Carter had received 55 votes. The whole number of votes cast was 204-neccssary to elect 103. I 52 JouRNAL oF THE SENATE, Neither candidate having received a constitutional majority, the President directed the Secretary to call the roll for a second ballot. The following shows the vote of the General Assembly on the second ballot: THE VOTE OF SENATOIn, Bacon of Chatham, Barnes,. Bates, Beatty, Bennett, Bird, Bull, Carithers, Christie, Crawford, Crozier, Crumbley, Davis of Lumpkin, Denton, Dial, DuPree of Macon, Edwards, Estes, Feagin, Flynt, Fordham, Foster, Gray, Hagen, Hale, Heath, Hightower of Early, Hillyer, Hutchins, Jackson of Carroll, Jackson of Richmond, James, Johnson of Johnson, Jones of DeKalb, Julian, Keil, Kennedy, Kimsey, Lamar, Lester, Mays of Richmon0, McCants, McClure, McKinney, McLucas, Mid_ dlebrook, Mitchell, Moore of Pierce, Moore of Taliaferro,. Nichols, Palmour, Park, Patterson, Peek, Post, Price. Rawlins, Scruggs, Silman, Spence, Spearman, Stanford,. NOVEMBER 20, 1880. I 53 Sweat, Thompson, Twiggs, Whittle, Wilkinson, Wilcox, Wingfield, Wright, Zachry, MR. SPE\KER-74 The following voted for Mr. G. B. Mabry: Messrs. Awtry, Basinger, Branch, Branson, Brinson, Broyles, Cameron, Carter, Clark, Cook, Daniel, Davis of Habersham, DuBignon, DuPree of Pike, Dyer, Farnell, Garrard, Gaskins, Goodrich, Hammond, Hansell, Heard, Henry, Hester, Hightower of Stewart, Hill, .. Janes, Johnson of Lee, Jones of Baker, Lamb, Lane' Lonnon, Lewis, Little, Maddox, Martin of Houston, Martin of Talbot, Matthews, Mays of Butts, McBride, McClelJan, Mcintosh, Milner, Moore of Hancock, Morrow, Northen, Perkins, Polhill, Quillian, Rainey, Rankin, Reese, Render, Rice, Ritchie, Robins, Roney, Sapp, Seiiars, Shockley, Singeiiton, Smith of Oglethorpe, Smith of Union, Strother, Summerlin, Tharpe, Turner of Floyd, Turner of Monroe, Turnipseed, Walker ,pf Berrien, Walker of Crawford, Walker of Jasper, Williams, Williams, Willingham, Wilson of Bulloch, Wilson of Camden, Wilson of Greene, Withrow, Youngblood, Zellars.-83. The following voted for Mr. J. I. Carter: Messrs. Barrow, Brewer, Fuller, McAllister, Story, Wheeler-9. The following voted for Mr. Orr : Mr. Orr. Glover, Hall, Harp, On counting up the vote, it appeared that Mr. Ira E. Smith had received roo votes; Mr. G. B. Mabry had received 101 votes, and Mr. J. I. Carter had received ro votes. The name of ~Ir. Carter was withdrawn during the verification of the vote on this ballot, and several members changed their votes from him to the other candidates before the result was announced. Neither of the candidates having received a constitutional majority, tlie President directed the caiJ of the roll for a third bal.lot. 154 jOURNAL OF THE SENATE, At this juncture, the General Assembly was dissolved, on motion to reconvene at 10:30 o'clock, Monday morning next. The Senate withdrew to the Senate Chamber, and being called to order by the President, adjourned, on motion, to 1 o o'clock, a. m., Monday, the 22d instant. SENATE CHAMBER, ATLANTA, GA., } Monday, Novembet 22, 188o, Io o'clock, a. m, The SenatE: met pursuant to adjournment, the President i~ the Chair. Prayer by the Rev. Mr. Clarke, Representative of the county of vVayne. On the call of the roll, the following Senators answered to their names, to-wit: Baker, Barksdale, Brown, Bond, Butt, Byrd, Carter, CurtiR, Daniel, Denmark, Duggar, Fouche, Gorman, Guerry, .A:arris, Harrell, Hawes, Hackett, Hicks, Jordan. Johnsou, Kin~. McDaniel, Mattox, l\Ic Whortcr, Meldrim, Mosley, Neal, Parks, Price, HeiJ, l:'mit.h of the 5th, Smith of the 15th, Smith of the 23d, Storey, Treadwell, Westbrook, Wilson, Wiun, \Voodward, MR PRESIDENT. The Journal was read and approved. Leave of absence \\'as granted Mr. Payne on account of sickness. Mr. Price, Chairman of the Committee on Education, reported a resolution, which was read. On motion of Mr. Hicks, a resolution relative to the repeal of the tax on small productions of tobacco for home use, which was laid on the t_able on the 18th instant, was taken up and recommitted to the Committee on the Judiciary. NovEMBE}{ 22, r88o. I 55 Mr. Gorman of the Twenty-fifth District rose to a privileged question and read to the Senate the following article contained in the Columbus Enquiret-Sun of the r8th instant, to-wit : "THE SENATOR OF THE 25TH.-A change has certainly come over the spirit of the dreams of some of our legislators. A few weeks ago, during the canvass for Senatorial honors, in the Twenty-fifth District, Hon. W. R. Gorman was met on the streets in this city, by an Enquite1'-Sun reporter, and stated to the reporter that he had been rath.:r badly treated in Harris county. He said that several of the gentlemen there, naming the gentlemen, had told him that parties in this city, naming the parties, had used it on him that he was a Colquitt and a Joe Brown man ; but such was not the case. He stated that he was anti Joe. Brown, and anti-Colquitt, and if his name should appear in print in any other way, he would be glad that the reporter would make the correction, and state that it was from authority of Mr. Gorman himself. We see his name on the Joe. Brown side in the vote for Senator, hence we correct it by his special request." Mr. Gorman said: Mr. President: "In the conversation referred to, in the article just read, I sairl that those persons who were enueavori:Jg to bring out an in:iependent candidate were treating me 1fnfairly, for the reason that I had never uttered a word calculated to mislead any one as to my position regarding Senator Brown and Governor Colquitt.' ''As to these distinguished gentlemen, I was strictly neutral, from the opening to the close.ol my canvass. The reflections couta_ined in the article are unjust and uncalled for, as the language used by me does not admit of the construction which has been placed upon it. I, therefore. JouRNAL OF THE SENATE, denounce it from my seat in this Senate as being positively untrue in every particular." The foregoing article and the remarks thereon by Mr. Gorman were ordered to be spread on the Journal of the Senate. At the hour of 10:30 o'clock the President a1;nounced that the time had arrived for the General Assembly to reconvene. The Senate, in a body, repaired to the Representative Hall, and were received by the House of Representatives. The President took the chair and called the General Assembly to order, announcing as the first business before the body, the unfinished business of Saturday, to-wit: the election of a Solicitor General for the Brunswick Judicial Circuit, nominations therefor having been made on that day and entered on the Journal. Two ballots having been had on Saturday, the President directed the Secretary to proceed with the call of the roll for a third ballot in said election. The following shows the vote of the General Assembly for said officer. THE VOTE OF SENATORS. The following voted for Mr. Ira E. Smith: .Messrs. Baker, Barksdale, Brown, Butt, Byrd, Fouche, Guerry, Hicks, Jordan, Johnson, King, McDaniel, Meldrim, Modey, Neal, Parks, Reid, Smith of the 5th, Smith 15th, Smith of the 23d, Storey, Woodward, MR. PRESIDENT-23. The following voted for Mr. G. B. Mabry: Messrs. Bond, Carter, Curtis, Daniel, Duggar, Gorman, Harrell, Hawes, Hackett, Mattox, McWhorter, Price, Treadwell, Westbrook, Wilson, Winn-16. " THE VOTE OF REPRESENTATIVES. The following voted for Mr. G. B. Mabry: N ovE~I.BI<:K 22, a88o. I 57 ~lessrs. A wtry, Basinger, Bird, Branch, Branson, ~rew er, Broyles, Cameron, l.arter, Carithers, Clark, Crozier, Daniel, DuPree of Macon, DuPree of Pike, Dyer, Farnell, Garrard, Gaskins, Glover, Goodrich, Hale, Hammond, Harp, Harrell, Heard, Henry, Hester, Hill, Jackson of Carroll, James, Janes, Johnson of Lee, Jones of Baker, Jones of DeKalb, Kimsey, Lamb, Lane, Lennon, Little, Maddox, Martin of Houston, Martin of Talbot, Mathews, McBride, McClellan, Mcintosh, Middlebrook, Milner, Moore of Hancock, Northen, Orr, Perkins, Polhill, Rainey, Rankin; Rawlins, Reese, Render, Robins, Sapp, Singellton, Smith of Oglethorpe, Stanford, Stapleton, Strother, Sumner, Tharpe, Turner of Floyd, Turner of Monroe, Turnipseed, Twiggs, Walker of Jasper, Whittle, Williams, Willingham, Wilson of Bulloch, Wilson of Camden, Wilson of Greene, Withrow, Youngblood, Zachry, Zellars -ss. The following voted for Mr. Ira E. Smith: Messrs. Adderton, Bacon of Chatham, Barnes, Barrow, Bates, Beatty, Benuett, Bull, Coffin, Crawford, Crumbley, Day, Denton, Edwards, Feagin, Fordham, Foster, Gray, Hall, Hightower of Early, Hightower of Stewart, Hillyer, Hutchins, Jackson of Richmond, Julian, Kennedy, Lamar, Lester, Mays of Richmond, McCants, McClure, Miller, Mitchell, Moore of Pierce, :Morrow, Nichols, Palmour, Park, Patte~son, Peek, Post, Rice, Roney, Sellars, Silman, Smith of Union, Spence, Spearman, Story, Sweat, Thompson, W dlker of Berrien, Wilkinson, Wilcox, Wingfield, Winslow, Wright, MR. SPEAKER-60. On counting up the vote, it appeared that Mr. Ira E. Smith had received 83 votes, and Mr. G. B. Mabry had received 10 r votes. The whole number of votes cast being 184-necessary to elect 93 Mr. G. B. Mabry, of the county of Glynn, having re. ceived a majority of the entire vote cast, the same being JoUR!'.AL OF THE SENATE, also a majority of all the members of the General Assembly, was by the President declared duly and legally elected Solicitor General of the Brunswick Circuit for the term of four years, commencing on the first day of January, 188 I. The President announced as the business next in order, the election of a Solicitor General for the Chattahoochee Circuit, and that nominations would be received therefor. The following gentlemen were placed in nomination, to-wit: Mr. Hezekiah Bus~ey, of the county of Muscogee; Mr. Albert A. Carson, of the county of Taylor; Mr. Samuel B. Hatcher, of the county of Muscogee, and the Hon. Thomas W. Grimes and :\Ir. Grigsby E. Thomas, of said county of Muscogee. The President directed the Secretary to call the roll for said election. The following 5hows the vote of the General Assembly thereon: THE VOTE OF SENATORS. The following voted for Hon. Thomas W. Grimes : Messrs. Barksdale, Butt, Byrd, Curtis, Daniel, Denmark, Duggar, Fouche, Johnson, King, McDaniel, Mc\Vhorter, Neal, Price, Reid, 'Vestbrook, Winn-17. The following voted for :\Ir. Samuel B. Hatcher : Messrs. Carter, Harrell, Hicks, Mattox, Meldrim, Parks, Smith of the I sth, Wilson-8. The foliowing voted Mr. Albert A. Carson : Messrs. Baker, Brown, Guerry, Hawes, Ha~kett, Smith of the 5th, Smith of the 23d, Storey, Woodward, MR. PRESIDENT- I o. The following voted for Mr. Hezekiah Bussey: Messrs. Bond, Gorman, Jordan, Moseley, Treadwell-5. THE VOTE OF REPRESENTATIVES. The following voted for Hon. Thomas W. Grimes : NovEMBER 22, 188o. 159 Messrs. Bacon of Chatham, Barrow, Basinger, Bates, Bennett, Branson, Bull, Crawtord, Crumbley, Day, DuBignon, Dyer, Farnell, Foster, Gray, Hammond, Heath, Henry, Hi11, Hillyer, Hutchins, Jackson of Richmond, James, Janes, Kennedy, Limsey, L:unb, Lonnon, Little, Mays of Richmond, McBride, McClure, Mitchell, Milner, Nichols, Orr, Park, Patterson, Perkins, Poihill, Rankin, Reese, Rice, Roney, Sellars, Shockley, Silman, Spence, Strother, Sweat, Twiggs, Walker of Jasper, Whittle, Willingham, Wilson of Greene, Wingfield, Wright, Zellars, MR. SPEAKER-6o. The following voted for :\fr. Albert A. Carson: Messrs. Adderton, Barnes, Beatty, Bird, Broyles, Carithers DuPree. of Pike, Edwards, Feagin, Flynt, Fordham, Glover, Goodrich, Hall, Harrell, Hester, Lamar, Martin of Houston, McCants, Mcintosh, Miller, Moore of Pierce, Raney, Render, Singellton, Smith of Oglethorpe, Spearman, Story, Sumner, Turnipseed, Walker of Berrien, Walker of Crawford, Williams, Wilcox, Winslow, Withrow -36. The following voted for Mr. Hezekiah Bussey : Messrs. Cameron, Carter, Hale, Harp, Heard, Hightower of Stewart, Johnson of Lee, Jones of DeKalb, Martin, of Talbot, McClellan, Middlebrook, Northen, Robins, Scruggs, Stanford, Turner of Floyd, Wilkinson, wilson of Bulloch, wilson of Camden, Youngblood-2 1. The following voted for l\Ir. Samuel B. Hatcher: Messrs. Awtry, Branch, Brewer, Clark, Coffin, Daniel, Denton, Gaskins, Jones of Baker, Julian, Lane, Lester, Mathews, Mays of Butts, Moore of Hancock, Morrow, Palmour, Peek, Post, Rawlins, Smith of Union, Stapleton, Tharpe, Thompson-24. The following voted for Mr. Grigsby E. Thomas : Messrs. Crozier, Hightower of Early, Jackson of Carroll, Maddox, Sapp-5. 160 }OURNAL OF 1 HE SENATE, On counting up the vote, it appeared that the Hon. Thom:J.s \V. Grimes had received 77 votes; Mr. Hezekiah Bussey had received 26 votes; Mr. Albert A. Carson had received 46 votes; Mr. Samuel B. Hatcher had received 32 votes; Mr Grigsby E. Thomas had received 5 votes. The whole number of votes cast was I88-necessary to elect 95 Neither of the candidates having received a constitutional majority, the President so announced, and directed the Secretary to call the roll for a second ballot. The following shows the vote thereon. THE VOTE OF SENATORS The following voted for the lion. Thomas W. Grimes : Messrs. Baggs, Baker, Barksdale, Butt, Byrd, Curtis, Daniel, Denmark, Duggar, Fouche, Johnson, King, McDaniel, Mattox, McWhorter, Meldrim, Neal, Parks, Price, Reid, Smith of the j th, Smith of the I5th, Westbrook, Winn, }IR. PRESIDENT-25. The following voted for Mr. Albert A. Carson: Messrs. Brown, Bond, Carter, Gorman, Guerry, Hawes, Hackett, Hicks, Mosley, Smith of the 23d, Storey, Treadwell, \Voodward-I 3 The following voted for :\Ir. Samuel B. Hatcher: Mr. Jordan- I. The following voted for :\lr. Grigsby E. Thomas : Mr. Wilson- I. THE VOTE OF REPRESENTATIVFS. The following voted for the Hon. Thomas W. Grimes: Messrs. Bacon of Chatham, Barrow, Basinger, Bates, Bennett, Branch, Branson, Bull, Carter, Clark, Coffin, Crawford, Crumbley, Daniel, Day, DuBignon, Dyer, Edwards, Farnell, Foster, Garrard, Gaskins, Gray, Hammond, Harp, Harrell, Heath, Henry, Hightower of Early, High- NovEMBER 22, r88o. r6P tower of Stewart, Hill, Hillyer, Hutchins, Jackson of Richmond, James, Janes, Johnson of Lee, Jones of Baker, Julian, Kennedy, Kimsey, Lamar, Lamb, Lane, Lonnon, Little, Maddox, Mathews, Mays of Richmond, McBride, McClure, Middlebrook, Mitchell, Milner, Moore of Han cock, Nichols, Northcn, Orr, Palmour, Park, Patterson, Perkins, Polhill, Post, Rankin, Reese, Rice, Roney, Shockley, Singellton, Silman, Smith of Oglethorpe, Spence, Stapleton, Strother, Sweat, Turner ot Floyd, Turner of Monroe, Twiggs, Whittle, Willingham, Wilson of Camden, Wilson of Greene, Wingfield, Wright, Youngblood; Zellars, MR. SPEAKER-88. The following voted for Mr. Albert A. Carson: Messrs .\dderton, Awtry, Barnes, Beatty, Bird, Broyles, Carithers, Crozier, Denton, DuPree of Macon, DuPree of Pike, Estes, Feagin, Flynt, Glover, Goodrich, Hale, Hall, Heard, Hester, Jones of DeKalb, Lester, Martin of Houston, Martin of Talbot, McCants, McClellan, Mcintosh, Miller, Moore of Pietce, Morrow, Rainey, Render, Scruggs, S nith of Utiion, Spearman, Story, Summerlin, Sumner, Tharpe, Thompson, Turnipseed, Walker of Berrien, Walker of Crawford, Williams, \Vilkinson, V..'ilcox, \Vinslow-47 The following voted for Mr. Hezekiah Bussey: Messrs. Cameron, Rawlins, Robins, Stanford, Zachry-5. The fvllowing voted for Mr. Grigsby E. Thomas : Messrs. Jackson of Carroll, Sapp, Walker of Jasper, Withrow-4. The following voted for Mr. Sarr uel B. Hatcher: Messrs. Brewer, Fordham, Peek, Sellars-4. On counting up the vote on the second ballot it appeared that the Hon. Thomas \V. Grimes had received 113 votes; Mr. Hezekiah Bussey had received 5 votes; Mr. Samuel B. Hatcher had received 4 votes ; Mr. Grigsby E. Thomas had received 5 votes; and Mr. Albert A. Carson had received 6o votes. II jOURNAL OF THt!: SENATE, Pending the call of the roll for the second ballot, the name of Mr. Hatcher was withdrawn. The whole number of votes cast was 186-necessary to elect 94 The Hon. Thomas \V. Grimes having received a majority of the votes cast, which was also a majority of the General Assembly, he wa<> declared to be legally elected Solicitor General of the Chattahoochee Circuit for the term of four years, commencing on the first day of January, 1881. The President announced the election of a Solicitor General for the Cherokee Circuit as the next business in order, and that nominations therefor would be received; whereupon the Hon. E. D. Graham and Mr. James W. Harris, of the county of Bartow, were put in nomination. There being no other nominations, the Secretary proceeded, by direction of the President, to call the roll for the said election. The following shows the vote of the General Assembly thereon. THE VOTE OF THE SENATORS. The following voted for Mr. James W. Harris: Messrs. Barksdale, Brown, Byrd, Carter, Daniel, Denmark, Fouche, Guerry, Harris, Harrell, Hicks, Jordan, Johnson, King, l\IcD.:miel, Neal, Reid, Smith of the 5th, Smith of the 15th, Smith of the 23j, Storey, Treadwell, Wilson, \Vinn, MR. PRESIDENT-25. The following voted for Hon. E. D. Graham : Messrs. Baker, Bond, Curtis, Duggar, Gorman, Hawes, Hackett, Mattox, McWhorter, Meldrim, Mosley, Parks, Price, Westbrook, Woodward-! 5. THE VOTE OF REPRESENTATIVES. The following voted for Mr. James \V. Harris : Messrs. Adderton, Awtry, Bacon of Chatham, Barnes, Barrow, Basinger, ~ennett, Branch, Branson, Brewer, Broy- NovEMBER 22, 18~0. les, Carithers, Clark, Coffin, Crawford, Crozier, Daniel, Day, DuPree of Macon, Dyer, Flynt, Fordham, Foster, Gar- 1 rard, Gaskins, Glover, Goodrich, Harp, Harrell, Henry, Hester, Hightower of Early, Hightower of Stewart, Hill, Hillyer, Hutchins, Jackson of Carroll, Jackson of Richmond, James, Janes, Johnson of Lee, Jones of Baker, Jones of DeKalb, Julian, Kennedy, Kimsey, Lamb, Lane, Lonnon, Martin of Talbot, Mays of Butts, Mays of Rich mond, McBride, McCants, McClure, McClellan, Mcintosh, Miller, Mitchell, Milner, Moore of Hancock, Moore of Pierce, Morrow, Nichols, Northen, Orr, Park, Patterson, Polhill, Post, Rawlins, Reese, Render, Rice, Roney, Sapp, Sellars, Scruggs, Shockley, Silman, Smith of Oglethorpe, Smith of Union, Spence, Spearman, Stanford, Story, Strother, Summerlin, Tharpe, Thompson, Turner of Floyd, Turner of Monroe, vValker of Berrien, \Valker of Crawford, Walker of Jasper, Wilson of Camden, Wilson of Greene, Wingfield, Wright, "X"oungblood, Zellars, MR. SPEAKER-102. The following voted for the Ron. E. D. Graham: Messrs. Bate,;, Beatty, Bird, Carter, Crumbley, Denton, DuBignon, DuPree of Pike, Edwards, Estes, Feagin, Gray, Hale, Hammond, Heard, Heath, Lamar, Lester, Little, Maddox, Martin of Houston, Middlebrook, Palmour, Peek, Perkins, Rainey, Rankin, Singellton, Stapleton, Sumner, Sweat, Turnipseed, Twiggs, Whittle, Williams, Willingham, Wilkinson, Wilson of Bulloch, Winslow, Withrow, Zachry-41. The following voted for Mr. Milner: Mr. Hall. On counting up the vote, it appeared that the Hon. E. D. Graham had received 56 votes and Mr. James W. Harris had received 127 votes. The whole number of votes cast being~ 183-it requ:red 91 to elect. JoURNAL OF THE SENATE, Mr. James W. Harris, of the county of Bartow, having 1 received a majority of the votes cast, the same being also- a majority of the General Assembly, he was declared by the President to be legally elected Solicitor General of the Cherokee Circuit for the term of four years, commencing on the first day of January, 1881. The President announced, as the next business before the General Assembly, the election of a Solicitor General for the Coweta Judicial Circuit, and that nominations would be received therefor. Whereupon the following gentlemen were put in nomi- nation, to-wit: Messrs, Barry M. Reid and Joseph L. Cobb, of the county of Carroll ; Mr. George Latham, ot the county of Campbell, and Mr. William Y. Atkinson, of the county of Coweta. The Secretary was directed, by .the President, to proceed with the call of the roll for said election. The following shows the vote of the General Assembly therefor: . THE VOTE OF SENATORS. The following voted for Mr. William Y. Atkinson: Messrs. Baker, Butt, Byrd, Gorman, Guerry, Harrell, Jordan, Meldrim, Neal, Parks, Smith of the 15th, Smith of the 23d, \Vilson, Winn, Woodward-15, The following voted for Mr. Harry M. Reid: Messrs. Barksdale, Curtis, Denmark, Duggar, Fouche, Hackett, Hicks, King, Mattox, Price, Reid, Storey, Mr. PRESIDENT-13. The following voted for Mr. Joseph L. Cobb: Messrs. Carter, Daniel, Hawes, Johnson, McWhorter,_ Smith of the sth-6. The following voted for Mr. George Latham : Messrs. Bond, Mosley, Treadwell, Westbrook-4. THE VOTE OF REPRESENTATIVES. The following voted for the Mr. Joseph L. Cobb~ NovEMBER 22, 1880. Messrs. Awtry, Carithers, Crozier, Garrard, Jackson of Carroll, Jones of DeKalb, Lane, Silman, Spearman, Stanford, Tharpe, Walker of Jasper, Williams, Withrow-14. The following voted for Mr. Harry M. Reed : Messrs. Barrow, Basinger, Bates, Bennett, Bird, Branson, Brewer, Broyles, Carter, Christie, Clark, Crawford, Day, DuBignon, Dyer, Edwards, Estes, Fordham, Gasldns, Gray, Hall, Hansell; Heath, Henry, Hightower of Early, Hightower of Stewart, Hill, Hillyer, Hutchins, james, Johnson of Lee, Kimsey, Lamar, Lonnon, Little, Maddox, Martin of Houston, Mays of Butts, McClure, Mcintosh, Middlebrook, Mitchell, Milner, Palmour, Patterson, Perkins, Polhill, Quillian, Rainey, Rankin, Rawlins, Reese, Rice, Roney, Sellars, Scruggs, Shockley, Smith of Oglethorpe, Smith of Union, Spence, Strother, Summerlin, :Sweat, Thompson, Turner of Floyd, Turnipseed, Willingham, Wilson of Bulloch, Wilson of Camden, Wright, Youngblood, Zellars-7 2. The following voted for Mr. George Latham : Messrs. Beatty, Davis of Habersham, Foster, Lewis, McAllister, Orr, Singellton, Story, ~~1 R. SPEAKER-9. The following voted for Mr. William Y. Atkinson: Messrs. Adc'erton, Bacon of Chatham, Barnes, Branch, Bull, Crumbley, Daniel, Denton, DuPree of Maeon, DuPree -of Pike, Farnell, Flynt, Glover, Goodrich, Hale, Hammond, Harp, Harrell, Heard, Hester, Jackson of Richmond, Janes, Jones of Baker, Kennedy, Julian, Lamb, Lester, Martin of Talbot, Matthew~, Mays of Richmond, McBride, McCants, McClellan, Miller, 1\loore of Haneock, l\1oore of Pierce, Nichols, Northen, Park, Post, Render, Robins, Sapp, Stapleton, Sumner, Turner of Monroe, Twiggs, Walker of Berrien, Walker of Crawford, vVhittle, Wilkinson, Wilson -of Greene, Wingfield, Winslow, Zachry-54. On counting up the vote, it appeared that Mr. Joseph L. Cobb had received 20 votes; Mr. Hany M. Reed had 166 JoURNAL OF THE SENATE, received 85 votes ; Mr. George Latham had received 13 votes, and Mr. William Y. Atkinson had received 69 votes. The entire number of votes cast was 189-necessary to elect 95 Neither of the candidates having received a constitutional majority, the President so declared, and directed the Secretary to call the roll for a second ballot. The following shows the vote of the General Assembly therefor: THE VOTE OF SENATORS. The following voted for Mr. Joseph L. Cobb: Messrs. Carter, Daniel, Denmark, McDaniel, Smith of the sth-s. The following voted for Mr. Harry l\1. Reed: Messrs. Barksdale, Brown, Bond, Curtis, Duggar, Fouche, Harrell, Hawes, Hackett, Hicks, Johnson, King, Mattox, McWhorter, Mosley, Price, Reid, Smith ()f the I 5th, Storey, Treadwell, l\IR. PRESIDE.l-..T-2 I. The following voted for Mr. William Y. Atkinson : Messrs. Baker, Butt, Byrd, Gorman, Guerry, Jordan, Meldrim, Neal, Parks, Smith of the 23d, Wilson, Winn, Woodward- 13 THE VOTE OF REPRESENTATIVES. The following voted for Mr. Harry M. Reed : Messrs. Barrow, Basinger, Bates, Bennett, Bird, Branson, Brewer, Rroyles, Carter, Clark, Coffin, Crozier, Daniel, Davis of Habersham, Day, DuBignon, Dyer, Edwards, Estes, Gaskins, Gray, Hale, Hall, Hansell, Harp, Heard,. Heath, Henry, Hightower of Early, Hightower of Stewart,. Hill, Hillyer, Hutchins, Jackson of Carroll, James, Johnson of Lee, Julian, Kimsey, Lamar, Lane, Lonnon, Little, Maddox, Martin of Houston, Mays of Butts, McBride, McClure, Mcintosh, Middlebrook, Mitchell, Milner., NovEMBl!R 22, r88o. Orr, Palmour, Patterson, Peek, Polhill, Quillian, Rainey, Rankin, Rawls, Reese, Rice, Roney, Sellars, Scruggs, Shockley, Silman, Smith of Oglethorpe, Smith of Union, Spence, Spearman, Stanford, Story, Strother, Summerlin, Sweat, Tharpe, Thompson, Turner of Floyd, Turnipseed, Twiggs, Walker of Crawford, \Valker of Jasper, Willingham, Wilson of Bulloch, Wilson of Camden, Withrow, Wright, Youngblood, Zachry, Zellars-9 r. The following voted for Mr. William Y. Atkinson: Messrs. Adderton, Bacon of Chatham, Barnes, Beatty, Branch, Crumbley, Denton, DuPree of Macon, DuPree of Pike, Farnell, Feagin, Flynt, Fordham, Gar rard, Glover, Goodrich, Hammond, Harrell, Hester, Jacks~n of Richmond, Janes, Jones of Baker, Jones of DeKalb, Kennedy, Lamb, Lester, Lewis, Martin of Talbot, Matthews, Mays of Richmond, McCants, McClellan, Miller, Moore of Hancock, Moore of Pierce, Nichols, Northen, Park, Post, Render, Robins, Sapp, Singellton, Stapleton, Sumner, Turner of :;\fonroe, \Valker of Berrien, Whittle, Williams, Wilkinson, Wilson of Greene, Wing field, Winslow, MR. SPEAKER-54 The following voted for Mr. Joseph L. Cobb : Messrs. Awtry, Car.ithers-2. The names of .Messrs. Latham and Cobb were withdrawn pending the call of the roll for the second ballot. On counting up the vote, it appeared that Mr. Harry M. Reid, of the county of Carroll, had received 116 votes, Mr. Wm. Y. Atkinson had received 67 votes, and Mr. J. L. Cobb received 7 votes. Whole number 190-necessary to a choice 96. Mr. Harry M. Reid having received a majority of all the votes cast, and a majority also of the General Assembly, he was declared by the President, to be legally elected Solicitor General of the Coweta Circuit for the term of four years, commencing on the first day of January, 1881. .168 JouRNAL OF THE SENATE, The General Assembly was, on motion, dissolved, to ;reconvene at 3:15 o'clock p. m., this day. The Senate withdrew to its Chamber, anu, on motion of Mr. Winn, took a recess until 3 o'clock, p. m. 3 o'CLOCK, P. M. The recess having expired, the President called the Senate to order. Leave of absence was granted Mr. McWhorter, for a few days, on important business, after to-morrow, the 23d instant. Mr. Curtis offered a bill to amend section 16 of the Public School Laws. which was read the first time and referred to the Committee on Education. Mr. Hawes introduced a bill to regulate and restrict the rate of interest in this State, and for other purposes, which was read the first time and referred to the Committee on the Judiciary. Mr. Smith, of the Fifth District, introduced a bill to amend article 8, of the Constitution of this State, by striking out section z, paragraph 2, an-:1 inserting another in lieu thereof, which was also referred to the Judiciary Committee. At the hour of 3: I 5 o'clock, the President announced that the period had arrived for the General Assembly to reconvene. The Senate in a body again repaired to the Representative Hall, and were received by the House of Representatives. The President having the Chair, announced the election of a Solicitor General for the Eastern Judicial Circuit as the next business in order, and that nominations would be received therefor. Mr. Walter G. Charlton and Major A. B. Smith, of the county of Chatham, were put in nomination therefor. NovEMBER 22, 188o. ~ There being no other nominations, the President direct- ed the Secretary to call the roll for said election. The following shows the vote of the General Assembly thereon: THE VOTE OF SENATORS. The following voted for Mr. \Valter G. Charlton: Messrs. B.uksdale, Butt, Byrd, Carter, Curtis, Daniel, Denmark, Duggar, Fouche, Guerry, Harrell, Hawes, Hackett, Johnson, McWhorter, Meldrim, Parks, Reid, Storey, Westbrook, Winn, Woodward-22. The following voted for Major A. B. Smith : Messrs. Baker, Brown, Bond, Gorman, Hicks, Jordan, King, McDaniel, Mattox, Mosley, Neal, Smith of the 5th, Smith of the 15th, Smith of tha 23d, Suddath, Treadwell, MR. PRESIDENT-17. THE VOTE OF REPRESENTATIVES. The following voted for Mr. Walter G. Charlton: Messrs. Adderton, Arrington, l3acon of Chatham, Bar row, Bassinger, Bates, Bennett, Branch, Branson, llull, Coffin, Crawford, Davis of Habersham, DuBignon, DuPree of Macon, Du Peee of Pike, Farnell, Foster, Garrard, Gray, Hagen, Hale, Hammond, Hansell, Harp, Harrell, Heath, Hester, Hightower of Stewart, Hill, Hillyer, Hutch- in.s, Jackson of Richmond, James, J:1nes, Jones of Baker, Kimsey, Lamar, Lane, Lannon, Lester, Lewis, Maddox, Martin of Houston, Mays of Richm::md, McBride, McClure, McClellan, McLucas, Mitchell, i\Iilner, Moore of Hancock, Nichols, Northen, Orr, Park, Pident, proceeded to call the roll for said election. The tollowing shows the vote cast by the General Assembly on the first ballot for said off1ce. THE VOTE OF SENATORS. The following voted for Mr William S. McHenry: J86 JouRNAL OF THE SENATE, Messrs. Curtis, McDaniel, )fattox-3. The following voted for Col. John. A. MeWhorter: Messrs. Brown, Bond, Carter, Daniel, Duggar, Harrell, Mc\Vhorter, Meldrim, Neal, Parks, Payne, Price, Smith of the 23d, Suddath, Wilson, Winn-16. The following voted for Col. Robert Whitfield: :Messrs. Baker, Barksdale, Byrd, Denmark, Fouche, Gorman, Hicks, Johnson, Reid, Smith of the 15th, \Vestbrook, \Voodward, MR. PRESIDENT-13 The following voted for Col. F. C. Furman : ~Iessrs. Butt, Guerry, Harris, Hawes, Hackett, Jordan, King, .Mosley, Smith of the 5th, Storey, Treadwell-It. THE VOTE OF REPRESENTATIVES The following voted tor ::\Ir. \Yilliam S. McHenry: Messrs Barrow, Basinger, Davis of Lumpkin, Foster, Garrard, Harp, Jones of DeK 'lib, Lonnon, Maddox, McKinney, Scruggs, Silman-12. The following voted for Col. John A. MeWhorter: ~fessrs. Anderson, Barnes, Bates, Bennett, Bird, Brewer, Broyles, Carithers, Crumbley, Daniel, Dial, Dyer, Feagin, Gray, Hammond, Heath, Henry, Hightower of Early,. Hill, Hillyer, Jackson of Carroll, James, Janes, Lamb, Lewis, Little, ::\IcBride, ::\IcCants, McClure, Middlebrook, l\Iitchell, Moore of Pierce, Moore of Taliaferro, Palmour, Park, Patterson, Peek, Polhill, Post, Price. Quillian, Reese, Sapp, Shockley, Smith of Oglethorpe, Smith of Union, Spence, Stapleton, Stother, Sweat, Walker of Berrien, Williams, Willingham, Wilkinson, Wilson of Bulloch, Wilson of Greene, \Vi throw, Wright, Zachry, Zellars-6o. The following voted for Col. Robert Whitfield: Messrs. Adderton, Arrington, Branch, Bull, Clark, Cook, Davis of Habersham, Denton, DuPree of Macon, Edwards, Farnell, Fordham, Glover, Hall, Hansell, Harrell, Heard, Jackson of Richmond, Kennedy, Kimsey, Lamar, Lane, Lester, ::\Iartin of Houston, Mays of Richmond, McClellan , NovEMBER 23, 1880. McLucas, Milner, Morrow, Orr, Rainey, Rankin, Rawlins, Robins, Roney, Sellars, Spearman, Stanford, Story, Summerlin, Sumner, Tharpe, Thompson, Turner of Monroe, Walker of Jasper, Whittle, Wilcox, Wingfield, MRSPEAKER-49 The following voted for Col. F. C. Furman : Messrs. Awtry, Bacon of Chatham, Beatty, Branson. Carter, Coffin, Crozier, Day, DuBignon, DuPree of Pike, Flynt, Gaskins, Goodrich, Hagen, Hale, Hester, Hightower of Stewart, Hutchins, Johnson of Lee, Julian, l\lartin of Talbot, Mcintosh, Miller, Moore of Hancock, Nichols, Northen, Perkins, Render, Singellton, Turner of Floyd, Turnipseed, Twiggs, Walker of Crawford, Wheeler, Wilson of Camden, Young-blood-36. On counting up the vote, it appeared that the Hon. F. C. Furman had received 47 votes; the Hon. Robert whit- field had received 62 votes; Col. John A. McWhorter had received 76 votes, and Mr. William S. McHenry had received 15 votes. The whole number of votes cast was zoo-necessary to elect, IO I. Neither of the candidates having received a constitu tiona! majority, the President so announced, and directed the Secretary to call the roll for a second ballot. The following shows the vote thereon : THE VOTE OF SENATuRS. The following voted for the Hon. F. C. Furman: Messrs. Guerry, Hawes, King, Storey-4. The following voted for the Hon. Robert Whitfield: Messrs. Baker, Brown, Butt, Byrd, Fouche, Gorman,. Harris, Hackett, Hicks, Jordan, Johnson, Reid, Smith of the 15th, Westbrook, Woodward, MR. PRESIDENT-16. The following voted for Col. John A. McWhorter: ::\fessrs. Barksdale, Bond, Carter, Curtis, Daniel, Den- ' J88 JouRNAL OF THE SENATE, mark, Duggar, Mattox, McWhorter, Meldrim, Mosley, Neal, Parks, Price, Smith of the 5th, Smith of the 23d, .Suddath, Wilson, Winn-Ig. The following voted for Mr. WilliamS. McHenry: Mr. McDaniel-!. THE VOTE OF REPRESENTATIVES. The following voted for the Hon. F. C. Furman: Messrs. Adderton, Bacon of Chatham, Beatty, Branson, Carter, Coffin, Crawford, Crozier, Day, DuBignon, DuPree of Pi.ke, Farnell, Flynt, Fordham, Goodrich, Hale, Jackson of Carroll, Johnson of Lee, Lon non, Martin of Talbot, Mcintosh, Miller, Mitchell, Moore of Hancock, Nichols, Northen, Singellton, Turner of Floyd, Turner of Monroe, Turnipseed, Twiggs, Walker of Crawford, Youngblood-35 The following voted for the Hon. Robert Whitfield: Messrs. Arrington, Bird, Branch, Bull, Clark, Cook, Denton, DuPree of .\-lacon, Edwards, Feagin, Gaskins, Glover, Hall, Hansell, Harp, Harrell, Heard, Hester, Hightower of Early, Jackson of Richmond, Kennedy, Kimsey, Lamar, Lane, Lester, Martin of Houston, Mays of Richmond, McClellan, Milner, Morrow, Orr, Rainey, Rankin, Rawlins, Spence, Spearman, Stanford, Summerlin, Sumner, Tharpe, Walker of Berrien, \Vheeler, whittle, 'Williams, \Vilcox, Wingfield, Withrow, MK. SPEAKER -SL The following voted ~or Col. John A. McWhorter: Messrs. Anderson, Awtry, Barnes, Bates, Bennett, Branch, Brewer, Broyles, Carithers, Crumbley, Daniel, Dial, Dyer, Gray, Hagen, Hammond, Heath, Henry, Hightower of Stewart, Hill, Hillyer, James, Janes, Jones of Baker, Julian, Lamb, Lewis, Little, McBride, McCants, McLucas, Middlebrook, Moore of Pierce, Moore of Taliaerro, Palmour, Park, Patterson, Peek, Perkins, Polhill, NovEMBER 23, 1~80. Post, Price, Quillian, Reese, Render, Rice, Roney, Sapp, Scruggs, Shockley, Smith of Oglethorpe, Smith of Union, Stapleton, Strother, Sweat, Willingham, Wilkinson, Wilson of Greene, Wright, Zachry, Zellars-61. The following voted for Mr. William S. McHenry: Messrs. Barrow, Basinger, Davis of Lumpkin, Foster, Garrard, Jones of DeKalb, Maddox, McKinney, Silman -g. On counting up the vote on the second ballot, it appeared that the Hon. F. C. Furman had received 39 votes, the Hon. Robert Whitfield had received 67 votes, Col. John A. McWhorter had received 8o votes, and Mr. William S. McHenry had received 10 votes. The whole number of votes cast was 196-necessary to elect 99 Neither candidate having received a constitutional majority, the President so announced, and directed the Secretary to call the roll for a third ballot. The following shows the vote thereon : THE VOTE OF SENATORS. The following voted for the Hon. F. C. Furman . Messrs. Guerry, Hawes, King, Storey-4. The following voted for the Hon. Robert Whitfield : Messrs. Baker, Brown, Butt, Byrd, Fouche, Gorman, Harris, Hackett, Hicks, Jordan, Johnson, Reid, Smith of the 15th, Westbrook, Woodward, MR. PRESIDENT-16. The following voted for Col. John A. McWhorter: Messrs. Barksdale, Bond, Carter, Curtis, Daniel, Denmark, Duggar, Mattox, McWhorter, Meldrim, Mosley, Neal, Parks, Price, Smith of the 5th, Smith of the 23d, Suddath, Wilson, Winn-19. THE VOTE OF REPRESENTATIVES. The following voted for Col. John A. McWhorter: JOURNAL OF THE SENATE, Messrs. Anderson, Awtry, Barnes, Bates, Bennett, Brewer, Broyles, Carithers, Crumbley, Daniel, Dial, Dyer, Gray, Hagen, Hammond, Heath, Henry, Hightower of Stewart, Hill, Hillyer, James, Janes, Jones of Baker, Julian, Lamb, Lewis, Little, McBride, McCants; McClure, McLucas, Middlebrook, Moore of Pierce, Moore of Taliaferro, Palmour, Park, Patterson, Peek, Perkins, Polhill, Post, Price, Quillian, Reese, Render, Rice, Roney, Sapp, Scruggs, Shockley, Smith of Oglethorpe, Smith of Union, Stapleton, Strother, Sweat, Willingham, Wilkinson, Wilson of Greene, Wright, Zachry, Zellars-6 1. The following voted for Hon. Robert C. Whitfield: Messrs. Arrington, Bird, Branch, Bull, Clark, Cook, Denton, DuPree of Macon, Edwards, Feagin, Gaskins, Glover, Hall, Hansell, Harp, Harrell, Heard, Hester, Hightower of Early, Jackson of Richmond, Kennedy, Kimsey, Lamar, Lane, Lester, ~Iartin of Houston, Mays of Richmond, McClellan, Milner, Morrow, Orr, Rainey, Rankin, Rawlins, Robins, Spence, Spearman, Stanford, Summerlin, Tharpe, Thompson, Walker of Berrien, Wheeler, Whittle, Wil!iams, Wilson of Bulloch, Wilcox, Wingfield, Withrow, 1\IR. SPEAKER-S I. The following voted for the Hon. F. C. Furman: Messrs. Adderton, Bacon of Chatham, Beatty, Branson, Carter, Coffin, Crawford, Crozier, Day, DuBignon, DuPree of Pike, Farnell, Flynt, Fordham, Goodrich, Hale, Jackson of Carroll, Johnson of Lee, Lonnon, Martin of Talbot, Mcintosh, Miller, Mitchell, Moore of Hancock, Nichols, Northen, Singellto!l, Turner of Floyd, Turner of Monroe, Turnipseed, Twiggs, Walker of Crawford, wn- son of Camden, Youngblood-35. The following voted for Mr. McHenry : Messrs. Barrow, Basinger, Davis of Lumpkin, Foster, Garrard, Jones of DcKalb, Maddox, McKinney, Silman -9 NovEMBJ:oR 23, r88o. The following voted for Mr. Sumner: :Mr. Sumoer-1. On counting up the vote ca!>t on the third ballot, it appeared that .Mr. McHenry had received 10; the Hon. F. C. Furman had received 39 votes; Col. John A. Mc-Whorter had received So votes, and Hon. Robt. Whitfield had received 67 votes. Pending the call of the roll tor the third ballot, the name of the Hon. F. C. Furman was withdrawn. The whole number of votes cast on the third ballot was 196-necessary to elect 99 Neither of the candidates having received a constitutional 111ajority, the President directed the call of the roll for the fourth ballot. The following shows the vote thereon: THE VOTE OF SENATORS. The following voted for Col. John A. MeWhorter: Messrs. Bond, Carter, Daniel, Duggar, Harrell, :McWhorter, Meldrim, Mosely, Neal, Parks, Payne, Price, Smith of the 5th, Smith of the 23d, Suddath, Wilson, Winn-17. The following voted for the lion. Robert Whitfield: Messrs. Baker, Barksdale, Brown, Butt, Byrd, Curtis, Fouche, Gorman, Hackett, Hicks, Jordan, Johnson, King, Reid, Smith of the 15th, Storey, Treadwell, "\Vestbrook, Woodward, MR. PRESIDENT-20. The following voted for Mr. McHenry: 1\fr. McDaniel-1. THE VOTE OF REPRESENTATIVFS. The following voted for Col. John A . .McWhorter: Messrs. Awtry, Bacon of Chatham, Barnes, Bates, Bennett, Brewer, Broyles, Carter, Carithers, Crawford, Crozier, Crumbley, Daniel, Dial, 'Dyer, Feagin, Goodxich, Hagen, Hammond, Heath, Henry, Hightower of 192 JouRNAL OF THE SENAT~ Stewart, Hill, Hillyer, Jackson of Carroli, James, Janes, Lamb, Lewis, Little, Maddox, McBride, McCants, Mc- Clure, Middlebrook, Moore of Taliaferro, Nichols, Park, Patterson, Peek, Perkins, Polhill, Post, Price, Quillian, Reese, Render, Rice, Roney, Sapp, Scruggs, Shockley, Spence, Silman, Smith of Oglethorpe, Smith of Union, Stapleton, Summerlin, Sweat, Twiggs, Willingham, Wil- kinson, \Vilson of Camden, \Vilson of Greene, \Vright, Youngblood, Zachry, Zellars-; r. The following voted for the Hon. Robert Whitfield: Messrs. Adderton, Arrington, Basinger, Beatty, Bird, Branch, Branson, Bull, Clark, Coffin, Cook, Davis of Habersham, Davis of Lumpkin, DuBignon, DuPree of Macon, DuPree of Pike, Edwards, Farnell, Flynt, Ford- ham, Garrard, Glover, Hale, Hall, Hansell, Harp, Har- rell, Heard, Hightower of Early, Hutchins, Jackson of Richmond, Johnson of Lee, Jones of Baker, Jones of De- Kalb, Julian, Kennedy, Kimsey, Lamar, Lane, Lonnon, Lester, Martin of Houston, Martin of Talbvt, Mathews, Mays of Richmond, McClellan, .Mcintosh, McKinney, McLucas, Miller, Milner, Moore of Hancock, Morrow, Northen, Orr, Palmour, Rainey, Rankin, Rawlins, Robins, Singellton, Spearman, Stanford, Strother, Sumner, Tharpe, Th~mpson, Turner of Floyd, Turner of Monroe, Turnipseed, Walker of Berrien, Walker of Crawford, Walker of Jasper, Wheeler, Whittle, Williams, Wilson of Bulloch, \Vingfield, \Vithrow, MR. SPEAKER-83. The following voted for the Hon. F. C. Furman : Mr. Mitchell-1. The following voted for Mr. McHenry: Messrs. Barrow, Foster-2. On counting up the vote cast on the fourth ballot, it ap- peared that the Hon. Robert Whitfield had received 103 votes; the Hon. F. C. Furman had received 1 vote ; Col. John A. McWhorter had received 88 votes; and Mr. Wm. S. McHenry had received 3 votes. NovEMBER 23, 188o. The whole number of votes cast was 196-necessary to -elect 99 The Hon. Robert Whitfield having received a majority of the whole number of votes cast, the same being also a majority of the General Assembly, he was declared by the President to be legally elected Solicitor of the Ocmulgee Circuit for the term of four years, commencing on the first day of January, 1881. The General Assembly was on motion dissolved, to be reconvened this day, at 3:30 o'clock, p. m. The Senate withdrew to the Senate Chamber, and having been called to order by the President, took a recess until 3:20 o'clock, p. m. to-day. 3:20 O'CLOCK, P. M. The period of recess being over, the President called the Senate to order. At the hour of 3:30 p. m., the President announced that the time had arrived for the General Assembly to reconvene. The General Assembly in a body, repaired to the Hall of Representatives, and was received by the House of Representatives. The President took the chair and called the General Assembly to order, announcing as the first busine.:;s before the body was the election of a Solicitor General of the Pataula Judicial Circuit, and that nominations would be received therefor; whereupon Col. James H. Guerry of the county of Terrell, and the Hon. J. T. Flewellen of the county of Randolph, were put in nomination therefor. There being no other nominations, the President directed the Secretary to proceed with the call of the roll for said election. The following shows the vote of the General Assembly for said office. 13 JouRNAL oF THE SENATE, THE VOTE OF SENATORS. The following voted for the Hon. J. T. Flewellen : Messrs. Gorman, MR. PRESIDENT-2. The following voted for Col. James H. Guerry: Messrs. Baker, Barksdale, Brown, Bond, Butt, Byrd, Carter, Curtis, Daniel, Denmark, Duggar, Fouche, Guerry, Harris, Harrell, Hawes, Hackett, Hicks, Jordan, Johnson, King, McDaniel, Mattox, McWhorter, Meldrim, Mosley, Neal, Parks, Payne, Price, Smith of the 5th, Smith of the I 5th, Storey, Suddath, Westbrook, Wilson, Winn, Woodwar-38. THE VOTE OF REPRESENTATIVES. The following voted for the Hon. J. T. Flewellen: Messrs. Awtry, Barnes, Barrow, Bennett, Bird, Cook, Crozier, Daniel, Day, Dyer, Farnell, Flynt, Hansell, Heard, Jackson of Carroll, Lamb, Lane, Lester, 1fcCants, McClure, McKinney, Morrow, Orr, Park, Rawlins, Render, Robins, Sapp, Scruggs, Shockley, Silman, Smith of Oglethorpe, Smith of Union, Spearman, Stanford, Tharpe, Turnipseed, Withrow, Zellars-39. The following voted for Col. James H. Guerry: Messrs. Addcrton, Anderson, Arrington, Basinger, Bates, Beatty, Branch, Branson, Brewer, Broyles, Bull, Carter, Carithers, Clark, Coffin, Crawford, Crumbley, Davis of Habersham, Davis of Lumpkin, Dial, DuPree of Macon, DuPree of Pike, Edwards, Feagin, Fordham, Glover, Goodrich, Gray, Hagen, Hale, Hammond, Harp, Harrell, Heath, Henry, Hester, Hightower of Stewart, Hill, Hillyer, Hunt, Hutchins, Jackson of Richmond, James, Janes, Johnson of Lee, Jones of Baker, Jones of DeKalb, Julian, Kennedy, Kimsey, Lamar, Lonnon, Lewis, Little, Martin of Houston, Mathews, Mays of Richmqnd, McBride, McClellan, Mcintosh, McLucas, Middlebrook, Miller, Mitchell, Milner, Moore of Hancock~ Moore of Pierce, Moore of Taliaferro, Nichols, Northen~ NovEMBER 23, 1880. Palmour, Patterson, Peek, Perkins, Polhill, Post, Price, Quillian, Rainey, Rankin, Reese, Rice, Roney, Singellton, Spence, Stapleton, Strother, Summerlin, Sumner, Sweat, Thompson, Turner of Floyd, Walker of Berrien, \Valker of Crawford, Walker of Jasper, Wheeler, Whittle, Williams, Willingham, Wilkinson, Wilson of Bulloch, Wilson of Camden, 'Wilson of Greene, Wingfield, 'Winslow, Wright, Youngblood, Zachry-I IO. On counting up the vote, it appeared that the Hon. J. T. Flewellen had received 41 votes, and Col. James H. Guerry had received 148 votes.. The whole number of votes cast was 189-necessary to elect 95 Col. James H. Guerry, of the county of Terrell, having received a majority of the entire vote cast, the. same being a majority of the General Assembly, was by the President declared to be legally elected Solicitor General of the Pataula Circuit for the term of four years, commencing on the first day of January, 1881. The President announced the election of a Solicitor General of the Rome Circuit as next in orrer, and that nominations therefor would be received; whereupon, Col. J. I. Wright, Mr. J. H. Hoskinson, and i\Ir. Junius Hillyer, of the county of Floyd ; Messrs. J. N. King and A. W. Williamson of the county of Polk, and Mr. William M. Henry, of the county of Chattooga, were placed in nomination. There being no other nominations, the President directed the Secretary to proceed with the call of the roll for said election. The following shows the vote of the General Assembly therefor: THE VOTE OF SENATORS. The following voted for Col. J. I. Wright: Messrs. Barksdale, Denmark, Guerry, Hawes, Hicks, 196 JouRNAL OF THE SENATE, Johnson, King, ~\Iosley, Neal, Price, Smith ot the 5th, Smith of the 15th, Smith of the 23d, Suddath, Wilson, Woodward-16. The following voted for Mr. J. N. King: Messrs. Baker, Brown, Byrd, Curtis, Daniel, Duggar, Gorman, Mattox, Meldrim-9. The tollowing voted for l\lr. A. W. Williamson: MR. PRESIDENT-I. The following voted for Mr. J. H. Hoskinson: Messrs. Bond, Butt, Harris, Harrell, Parks, Reid-6. The following voted for Mr. J. Hillyer: Messrs. Jordan, McDaniel, .1\kWhorter, Westbrook, Winn-s. The following voted for Mr. \Vm. M. Henry: Messrs. Fouche, Hackett, Payne, Storry-4. THE VOTE OF REPRESENTATIVES. The following voted for Col. J. I. Wright: Messrs. Arrington, Barrow, Beatty, Bennett, Branson, Brew.::r, Carithers, Clark, Cook, Daniel, Davis of Lumpkin, Day, DuPree of Pike, Edwards, Farnell, Flynt, Foster, Glover, Hall, Heard, Hutchins, Johnson of Lee, Jones of Baker, Jones of DeKalb, Kennedy, Lamar, Lamb, Lane, Lannon, Lester, Martin of Houston, McCants, McClure, McKinney, McLucas, Morrow, Orr, Palmour, Peek, Post, Price, Quillian, Rainey, Rankin, Rawlins, Robins, Sapp, Smith of Oglethorpe, Smith of Union, Sweat, Tharpe, Turnipseed, Walker of Jasper, Williams, Willingham, Wilson of Bulloch, Withrow, Zellars-57. The following voted for Mr. J. N. King: Messrs. Adderton, Awtry, Bates, DuPree of Macon, Feagin, Garrard, Hagen, Hammond, Harp, Heath, Hightower of Stewart, Jackson of Carroll, James, Janes, Kimsey, Lewis, McBride, Miller, Nichols, Park, Polhill, Ran- NovEMBER 23, 188o. kin, Reese, Spence, Summerlin, Sumner, Whittle, Wilson of Greene, Zachry-30. The following voted for Mr. W. A. Williamson : Mr. Walker of Crawford- I. The following voted for Mr. J. H. Hoskinson. Messrs. Anderson, Bird, Crawford, Crozier, Davis of Habersham, Dial, DuBignon, Fordham, Hester, Mathews, McClellan, Mcintosh, Perkins, Roney, Shockley, Spearman, Stanford, Strother, Turner of Floyd, Walker of Berrien, '_Wilson of Camden, Wright-22. The following voted for ~Ir. Hillyer: Messrs. Barnes, Branch, Crumbley, Hansell, Harrell, Hightower of Early, Hillyer, Hunt, Jackson of Richmond, Little, Mays of Richmond, Milner, Moore of Hancock, Moore of Pierce, Moore of Taliaferro, Northen, Patterson, Render, Rice, Singellton, Silman, Stapleton, Turner of Monroe, Wilkinson, Wingfield, Winslow, Youngblood -27. The following voted for Mr. Wm. ::\1. Henry: Messrs. Basinger, Broyles, Bull, Carter, Coffin, Dyer, Goodrich, Gray, Hale, Henry, Julian, Maddox, Middlebrook, Mitchell, Scruggs, Thompson, Wheeler, MR. SPEAKER-IS. Pending the call of the roll for the first ballot, the name of Mr. A. '-IV. Williamson was withdrawn. On counting up the vote cast on the first ballot, it ap- peared that Col. J. I. Wright had received 73 votes; Mr. J. N. King had received 39 votes; Mr. A. W. Williamson had received 2 votes; Mr. J. H. Hoskinson had re- ceived 28 votes; Mr. Hillyer had received 32 votes, and Mr. Wm. M. Henry had received 22 votes. The whole number of votes cast was 196-necessary to elect 98. Neither candidate having received a constitutional majority, the President so announced, and directed the Secretary to proceed to call of the roll for a second ballot. JOURNAL OF THE SENATE, The following shows the vote thereon : THE VOTE OF SENATORS. The following voted for Col. J. I. Wright : Messrs. Barksdale, Brown, Bond, Carter, Curtis, Denmark, Duggar, Guerry, Hawes, Hackett, Hicks, Johnson, Mattox, Mosley, Neal, Price, Smith of the 5th, Smith of the 15th, Smith of the 23d, Suddath, Westbrook, Wilson, Wino, \Voodward-24. The following voted for ~Ir. J. N. King: Messrs. Baker, Butt, Byrd, Daniel, Gorman, Harrell, King, :\fcvVhorter, Meldrim. Parks, Payne, MR. PRESI- DENT-12. The following voted for Mr. J. H. Hoskinson: Messrs. Jordan, Reid-2. The following voted for Mr. W. J. M. Henry: Messrs. Fouche, McDaniel, Storey-3. THE VOTE OF REPRESENTATIVES. The following voted for Col. J. I. Wright : Messrs. Arrington, Barnes, B:urow, Beatty, Branson, Brewer, Carithers, Clark, Cook, Crumbley, Daniel, Davis of Habersham, Day, DuPree of Pike, Dyer, Edwards, Estes, Flynt, Fordham, Foster, Glover, Hall, Hansell, Harp, Harrell, Heard, Heath, Hester, Hillyer, Hunt, H utchin~, Jackson of Richmond, Johnson of Lee, Jones of Baker, Jones of DeKalb, Julian, Lamar, Lane, Lonnon, Lester, Lewis, Little, Maddox, Martin of Houston, .\1athews, :\lays of Richmond, :\fcCants, .McClure, Mcintosh, McKinney, McLucas, :Moore of Hancock. Moore of Pierce, Morrow, N orthen, Palmour, Peek, Post, Price, Quillian, Raney, Rawlins, Render, Rice, Robins, Roney, Sapp, Scruggs, Silman, Smith of Union, Spence, Spearman, Stapleton, Sumner, Sweat, Tharpe, Thompson, Turner of Floyd, Turnipseed, \Valker of Berrien, Walker of Craword, Walker of Jasper, \Villiams, Willingham, \Vilkinson, NovEMBI!R 23, 188o. Wilson of Bulloch, vVinslow, Withrow, Youngblood, Zachry, Zellars-92. The following voted for Mr. J. N. King: Messrs. Adderton, Awtry, Bates, Branch, Crawford, Davis of Lumpkin, DuPree of Macon, Fuller, Hagen, Mammond, Hightower of Stewart, Hill, Jackson of Carroll, James, Janes, Kimsey, Lamb ,McBride, McClellan, Miller, Moore of Taliaferro, Nichols, Orr, Park, Patterson, Perkins, Polhill, Rankin, Reese, Strother, Summerlin, Turner of Monroe, Whittte, Wilson of Camden, Wilson of Greene -37 The foJowing voted for Mr. \V. M. Henry: Messrs. Basinger, Bennett, Broyles, Bull, Carter, Coffin, Goodrich, Gray, Hale, Henry, Middlebrook, Mitchell, Milner, 'vVheeler, MR. SPEAKER-I6. The following voted for l\fr. J. H. Hoskinson: Messrs. Anderson, Bird, Crozier, Dial, DuBignon, Shockley, Stanford, Wingfield, Wright-9. The following voted for Mr. Junius Hillyer: Mr. Hightower of Early- I. On counting up the vote as cast on the second ballot, it appeared that Col. J. J. Wright haJ received I 16 votes; Mr. J. H. Hoskinson had received I I votes; 1\fr. J. N. King had received 49 votes; :VIr. Junius Hillyer had received I vote; and Mr. \V. M. Henry had received 19 votes. The names of Messrs. Hoskinson and Hillyer were withdrawn pending the call of the second ballot. The whole number of votes cast was 196-necessary for an election 99 Col. J. I. \Vright of the county of Floyd having received a majority of all the votes cast, the same being also a majority of the General Assembly, he was declared by the President to be legally elected Solicitor General of the Rome Judicial Circuit fflr the term of four years, commencing on the first ciay of January, 1881. The President -:leclared as the next business in order, the 200 JoURNAL OF THE SENATE, election of a Solicitor General of the Southern Circuit, and' that nominations would be received therefor. The Hon. Robert G. Mitchell was the only person placed in nomination for said office. The President directed the Secretary to call the roll for said office. The following shows the vote thereof: THE VOTE OF SENATORS. The following voted for the Hon. Robert G. Mitchell: Messrs. Baker, Barksdale, Brown, Bond, Butt, Byrd, Carter, Curtis, Daniel, Denmark, Duggar, Fouche, Gorman, Guerry, Harris, Harrell, Hawes, Hackett, Hicks, Jordan, Johnson, King, McDaniel, Mattox, McWhorter, Mo~ ley, Neal, Parks, Reid, Smith of the 5th, Smith of the 15th, Smith of the 23d, Storey, Suddath, Westbrook. Wilson, Winn, Woodward, MR. PRESIDENT-39 THE VOTE OF REPRESENTATIVES. The following voted for the Hon. Robert G. Mitchell: Messrs. Adderton, Anderson, Bacon of \.hatham, Barnes, Barrow, Basinger, Bates, Beatty, Bennett, Bird; Branch, Branson, Brewer, Broyles, Bull, Carter, Carithers, Clark, Coffin, Cook, Crawford, Crozier, Crumbley, Davis of Habersham, Dial, DuBignon, DuPree of Macon, DuPree of Pike, Farnell, Feagin, Flynt, Fordham, Foster, Garrard,_ Glover, Goodrich, Gray, Hale, Hall, Hammond, Hansell, Harp, Harrell, Heard, Heath, Henry, Hester, Hightower of Early, Hightower of Stewart, Hill, Hillyer, Hutchins, Jackson of Carroll, Jackson of Richmond, James, Johnson of Lee, Jones of Baker, Julia,n, Kimsey, Lamar, Lamb, Lonnon, Lester, Lewis, Little, Maddox, Mathews, McAllister, McCants, McClure, Mcintosh, McKinney, Middlebrook, Moore of Hancock, Moore of Pierce, Moore of Taliaferro, Morrow, Nichols, Northen, Orr, Palmour, Park, Perkins, Polhill, Post, Price, Quillian, Rainey,. NOVEMBER 24, 1 880. 201 Rawlins, Reese, Render, Robins, Roney, Sapp, Silmant Smith of Union, Spearman, Stanfordt Stapleton, Summerlin, Sumner, Tharpt Thompson, Turner of Floyd, Turner of Monroe, Turnipseed, Walker of Berrien, Walker of Crawford, Walker of Jasper, Wheeler, Whittle, Williams, Willingham, Wilkinson, Wilson of Bulloch, Wilson of Camdent Wingfield, Withrow, Wright, Youngblood, Zellars, MR. SPEAKER-125. On counting up the vote, it appeared that the Hon. Robert G. Mitchell, of the county of Thomas, had received 164 votes, the same being the entire vote cast and a majority of the General Assembly; he was, therefore, by the President, declared legally elected Solicitor General of the Southern Circuit for the term of four years from the first day of January, 1881. The General Assembly was, on motion, dissolved, to reconvene at 10:30 o'clock, to-morrow morning. The Senate withdrew to the Senate Chamber, and was called to order by the President, when, on motion, it adjourned until 10 o'clock, a m., to-morrow. SENATE CHAMBER, ATLANTA, GA., } Wednesday, November 24, 1880, 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: Baker, Barksdale, Brown, Bond. Butt, Byrd, Carter, Curtis, Daniel, Denmark, Harris, Harrell, Hawes, Hackett, Hicks, Jordan, Johnson, King, McDaniel, Mattox, Payne, Price, Reid, Smith of the 5th, Smith of the 15th, 8mith of the 23d, Storey, ::-iuddath, Treadwell, Westbrook, 202 JouRNAL OF THE SENATE, Duggar, Fouche, Gorman, Guerry, Meldrim, Moseley, Neal, Parks, Wilson, Winn, Woodward, MR. PRESIDENT. The Journal was read and approved. Leave of absence was granted the Committee on the Institution for the Deaf and Dumb for Friday and Saturday next, to enable them to visit said Institution. On motion of Mr. Guerry, the rules were suspended, when he offered a bill to amend the Constitution, paragraphs zd and 3d, section 3d and paragraph I of section I 2, and paragraph I of section 14 of article 6, which was read the first time and referred to the Judiciary Committee. Mr. Byrd offered a bill to enlarge the Board of Trustees of the University of Georgia, which was read the first time and referred to the Committee on Education. Mr. Duggar submitted a memorial in relation to the equalization of the tax on distillation of spirit'Jous liquors, which was read and referred to the Committee on the State of the Republic. At the hour of 10:30 d'clock, the President announced that the time had arrived for the General Assembly to reconvene. The Senate in a body repaired to the Representative Hall, and were received by the House of Representatives. The President took the Chair and called the General Assembly to order, announcing that the first business before the body was the election of a Solicitor General for the Southwestern Judicial Circuit, and that nominations would be received therefor. The Ron. Charles B. Hudson, of the county of Schley, being the only person placed in nomination, the Secretary was directed to proceed with the call of the roll for said election. The following "hows the vote of the General Assembly therefor: NovEMBER 24, 188o. 203 THE VOTE OF SENATORS. The following voted for the Hon. Charles B. Hudson: Messrs. Baker, Barksdale, Bond, Brown, Butt, Curtis, Daniel, Duggar, Fouche, Gorman, Guerry', Harris, Harrell, Hackett, Hicks, Jordan,Johnson, King, McDaniel, Mattox, Meldrim, Mosley, Neal, Parks, Payne, Price, Reid, Smith of the 5th, Smith of the 15th, Smith of the 23d, Storey, Suddath, Treadwell, Westbrook, Wilson, Winn, Woodward, MR. PRESIDENT-38. THE VOTE OF REPRESENTATIVES. The following voted for the l-Ion. Charles B. Hudson : Messrs. Adderton, A wtry, Barnes, Barrow, Basinger, Bates, Bennett, Bird, Branch, Brewer, Broyles, Bull, Carter, Carithers, Clark, Coffin, Cook, Crawford, Crozier, Crumbley, Davis of Habersham, Dinted by the Senate and House of Representatives, to make arrangements for the proper observance of Thanksgiving Day, in the Hall of the House of Representatives, respectfully report that they have secured the services of the Rev. A. T. Spalding, D. D., of the Baptist Church; the Rev. John W. Heidt, of the Meth?dist Church; and the Rev. David Wills, of the Presbyterian Church. Services to commence at I 1, a. m. (Signed,) J. H. WooDWARD, Chairman Senate Committee. L. M. LAMAR, J. 0. FARNELL, Of the House Committee. NOVEMBER 24, 1880. 2II Leave of absence was granted Mr. Hawes for a few days, on and after Friday next. Leave of absence was granted Mr. Smith of the Fifth District, after to-day, for a few days, on special business. Mr. Parks offered a resolution which was agreed to, requesting the Committee on the State I .ibrary to examine and report as to the necessity of purchasing for the use of the State, the Supreme Court Reports of B. Y. Martin, and the cost of the same. The following message was received from the House of Representatives, through Mr. Hardin, the clerk thereof: Mr. President: The House of Representatives has passed the following resolution, in which they ask the concurrence of the Senate, to-wit: A resolution appointing a committee of three from the House and two from the Senate, to confer together upon the expediency of an early adjournment of this General Assembly, and has appointed as said committee on the part of the House, .Messrs Clark, Coffin and Barrow. On motion of Mr. Butt, the resolution mentioned in the foregoing message was taken up, concurred in, and the Secretary instructed to inform the House of the Senate's action thereon. The following message was received from his Excellency the Governor, through Mr. Avery, his Secretary. Mr. President: I am directed by his Excellency the Governor to deliver to the Senate a communication in writing, with an accompanying document. The foregoing message was, on motion, taken up, and the communication mentioned therein was read, as follows, to-wit: 212 JOURNAL OF THE SENATE, ExECUTivE DEPARTMENT, STATE OF GEoRGIA, ATLANTA, GA., November 24, 1880. To the General Assembly : I have the honor to transmit to you the report of the railroad commissioners. The attention of the General Assembly is respectfully called to the facts and suggestions therein contained. Provisions should be made at as early a day as practicable for the payment of an unsettled balance for advertising, authorized by law. ALFRED H. CoLQUITT. On motion of Mr. Denmark, the report of the railroad commissioners, mentioned in the foregoing message of the Governor, was referred to the Committee on Railroads, and three hundred copies thereof were ordered to be printed for the use of the Senate. The President appointed as the committee on the part of the Senate, under the joint resolution from the House of Representatives, re\!3-tive to an early adjournment of the General Assembly, Messrs. Butt and Hawes. The Senate, on motion, adjourned until ro o'clock, a. m., Friday the 26th instant. SENATE CHAMBER, ATLANTA, GA., } Friday, November 26, I88o, IO o'clock, a. m. The Senate met pursuant to adjournment, the President pro tem. in the chair. Prayer by the Chaplain. On the call of the roll, the following Senators answered to their names, to-wit: Baker, Barksdale, Brown, Bond, Butt, Byrd, Curtis, Daniel, Denmark, Fouche, Gorman, Guerry, Harris, Harrell, Hackett, Hicks, King, McDaniel, Mattox, Moseley, Neal, Parks, Payne, Price, l:lmith of the 15th, Suddath, Westbrook, Winn, Woodward, NOVEMBER 26, 1880. 213 The Journal was read and approved. Leave of absence was granted Messrs. Jordan, Johnson and Reid for a few days; also to Mr. Fouche for a few hours, on special business, and to the President on account of indisposition. Mr. McDaniel made a report on certain bills which had been referred to the Judiciary Committee. Mr. Moseley offered a resolution which was read and agreed to, inviting the Hon~ Robt. Hester, of Elbert county, to a seat on the floor of the Senate. Mr. Byrd offered the following resolution, which was taken up, read, agreed to, and ordered to be transmitted to the House of Representatives, to-wit: Resolved by the Senate and House oj Representatives, That the thanks of the General Assembly of Georgia are due and are hereby tendered to the Rev. Dr. Wills for the very able, eloquent and appropriate discourse delivered by him on yesterday, Thanksgiving Day, in the Hall of the House of Representatives. And also, to the Rev. J. W. Heidt and Dr. A. T. Spal ding for their assistance in conducting the other religious exercises of the day. Mr. Gorm;tn offered a resolution instructing the Committee on Agriculture to enquire into the necessity for an entire revision of the Road Laws of this State, and to report thereon, by bill or otherwise. The same was read. Mr. Smith of the Fifteenth District offered a joint resolution earnestly requesting our Senators and Representatives in Congress to use the utmost diligence in procuring such appropriations as will be sufficient when applied, to render our rivers navigable. The same was read and on motion, referred to th!! Committee on Internal Improvements. The resolution offered by Mr. Guerry on Wednesday, 214 JouRNAL OF THE SENATE, relative to having two sessions each day after Friday, the 26th instant, was taken up and laid on the table. Mr. Butt from the special joint committee appointed to enquire and report upon the subject of an early adjournment, made the following report, to-wit: Mr. President: The joint committee from the Senate and House of Representatives, appointed to take into consideration the propriety of an early recess of the present session of the General Assembly, with the view of meeting again in I 881, submit the following resolution. and unanimously ask its adoption. Resolved, by the Senate and House of Representatives, That the present session of the General Assembly do take a recess on Saturday, the 4th of December next, and meet again on the first Wednesday in July, I88I. (Signed,) W. B. Burr, Chairman Senate Committee. A. L. HAWES. POPE BARROW, Chairman House Committee. A. CLARK. The resolution was read and laid on the table subject to the call of the chairman of said committee. The joint resolution by Mr. Gorman, relating to the aid to general education by the General Government, and requesting our Senators and Representatives in Congress to support such measure as will secure the most favorable results, was taken up and agreed to. The following bills were taken up, read the second time and passed to a third reading, to-wit: A bill to provide for judgments for plaintiffs in foreclosing liens on personalties, and A bill to amend paragraph I, section I of an act entitled NovEMBER 26, 1880. 215 an act to define the jurisdiction, powers and proceedings of every County Court, etc. The following bills were taken up for a second reading under the adverse report of the Judiciary Committee. The adverse report was agreed to and the bills were lost, to-wit: A bill to alter and amend section 498 of the Code of 1873. A bill to require the qualified voters of this State to vote within their own Militia Districts at all public elections in Georgia, and A bill to amend an act entitled an act to amend section 28 1 of the Code of Georgia. The bill of the House to amend an act 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 cases of property likely to deteriorate in value by keeping, approved August 1st, 1879, was read the second time and passed to a third reading. The bill of the Senate to provide for the payment of the fees of witnesses for the State in criminal cases, for which the Judiciary Committee had reported a substitute, was taken up and read a third time. Before further action thereon, the original bill and substitute reported, were re committed to the Judiciary Committee. The Senate took up as the report of the Committee of the Whole, the bill to provide a penalty for buying or selling votes, 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 24, nays o. The Senate took up as the report of the Committee of the vVhole, the bill to authorize attestations and acknowledgements, coming from any State or Territory within the United States, to be made before Notaries Public of such States or Territories, and to give them validity. The report was agreed to. 216 JOURNAL OF THE SENATE, The bill was read the third time and passed by a constitutional majority, there being ayes, 25; nays, o. The following message was received from his Excellency the Governor, through Mr. Avery, his Secretary: Mr. President : I am directed by the Governor to deliver to the Senate a sealed communication, which he invites the consideration of your honorable body in executive session. The Senate took up as the report of the Committee of Whole the bill of the House to change the time of holding the Superior Courts of the county of Henry, 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. Mr. Butt, chairman of the joint committee to inquire and report on the subject of an early recess by the present General Assembly, called from the table the following resolution, reported by said committee, which is as follows, to-wit: Resolved by tlze Senate and House of Representatt"ves, That the present session of the General Assembly do take a recess on Saturday, the 4th of December next, and meet again on the first Wednesday in July, 1881. Mr. Fouche offered the following as a substitute for the original resolution, to wit: Resolved, by the Senate and House of Representatives~ That the present session of the General Assembly do adjourn sz"ne dz"e at the expiration of forty days from the commencement thereof. Mr. Fouche then offered to amend his substitute by the following, to-wit: by adding thereto, ''or until such other time as inay be agreed to by a two-thirds majority of the Senate and House of Representatives." NOVEMBER 26, 1880. 217 The amendment to the substitute and the substitute were severally submitted to the Senate and lost. The resolution, as reported by the committee, was then submitted to the Senate, and on the question of agreeing to the same, Mr. Hackett required the ayes and nays to be recorded. Those who voted in the affirmative are, to-wit-Messrs. Baker, Brown, Bond, Butt, Daniel, Denmark, Gorman, Guerry, Harris, Harrell, Hicks, King, Mattox, Meldrim, Mosley, Parks, Smith of the 15th, Suddath, Westbrook, Wilson, Woodward. Those who voted in the negative are, to-wit-Messrs. Barksdale, Byrd, Curtis, Fouche, Hackett, McDaniel, Neal, Payne, Price, Winn. Ayes, 21 ; nays, 10. Two-thirds of the Senators present having voted m the affirmative, the same was declared as agreed to. Mr. Butt moved that the same be transmitted to the House of Representatives without delay. Pending action upon this motion, Mr. McDaniel made the point of order that it required a two-thirds vote of all the Senators elect to pass the resolution, and if not a vote of two-thirds, then certainly a majority of all the Senators elect, and having received neither two-thirds of all the Senators elect, nor a majority thereof, the resolution had not been constitutionally passed. The Chair overruled the point of order in regard to the requirement of a two-thirds vote of all the Senators elect, and sustained it as to the requirement of a majority of all the Senators elect. Mr. Guerry appealed from the decision of the Cha1r. On the question, ' Shall the ruling of the Chair stand as 218 JouRNAL oF THE SENATE, the judgment of the Senate," Mr. McDaniel required the ayes and nays to be recorded. Before proceeding with the call of the roll, the hour of adjournment arrived, and the President pro tem. declared the Senate adjourned until 10 o'clock, a. m., to-morrow. SENATE CHAMBER, ATLANTA, GA., } Saturday, November 27, 1880, IO o'clock a. m. The Senate met pursuant to adjournment, the President .f1'0 tem. in the chair. Prayer by the Chaplain. On the call of the roll, the following Senators answered to their names, to-wit: Baker, Barksdale, Brown, Bond, Butt, Byrd, Curtis, Daniel, ff -~nmark, Duggar, Fouche, Gorman, Guerry, Harri1, Harrell, Hackett, Hicks, King, McDaniel, Mattox, Me Whorter, Moseley, Neal, Parks, Payne, Price, Smith of the 15th, SudJath, Westbrook, Wilson, Winn, Woodward, The Journal was read and approved. Mr. McDani.:l moved a reconsideration of the entire action of the Senate relating to the resolution on the subject of a recess of the present General Assembly. Mr. Butt made the point of order that the motion to reconsider could not be entertained, because there had been no decisive action on the subject matter referred to. The President protem overruled the point of order taken. Mr. Guerry appealed from the decision of the Chair. On the question, ''Shall the decision of the Chair stand as the judgment of the Senate," Mr. McDaniel required the ayes anrl nays to be recorded. Those who voted in the affirmative are, to-wit-Messrs. NovEMBER 27, 1880. 219 Barksdale, Byrd, Curtis, Daniel, Duggar, Gorman, Harris, Hackett, McDaniel, Moseley, Parks, Payne, Suddath, Those who voted in the negative are, to-wit-Messrs. Baker, Brown, Bond, Butt, Denmark, Ayes, 13. Guerry, Harrell, Hicks, Jordan, King, Nays, q. Mattox, Smith of the 15th, Winn, Woodward. So the ruling of the Chair was not sustained. The unfinished business of yesterday was taken up, towit: Shall the ruling of the Chair stand as the judgment of the Senate. The ruling referred to sustained the point of order made by Mr. McDaniel yesterday, which assumed that it required a vote of a majority of all the Senators elect to pass the resolution pending, as to an early recess of the present General Assembly. Mr. McDaniel demanded on yesterday that the ayes and nays be recorded thereon, and the call thereof was pend- ing at the hour of adjournmt:nt. The same was proceeded with as the unfinished business of yesterday. Those who voted in the affirmative are, to-wit-Messrs. Barksdale, Byrd, Curtis, Gorman, Hackett, McDaniel, l\loseley, Westbrook. Those who voted in the negative are, to-wit-Messrs. Baker, Brown, Bond, Butt, Daniel, Denmark, Duggar, Guerry, Harris, Harrell, Hicks, Jordan, King, Mattox, McWhorter, :\lelddm, Parks, Paym, Smith of the 15th, Suddath, Winn. Woodward. 220 JouRNAL OF THE SENATE, Ayes, 8. Nays, 22. So the ruling of the Chair was not sustained, and the President pro tem. announced the resolution agreed to. Mr. Butt moved that the Secretary be instructed to transmit the same to the House of Representatives without delay. On this proposition, Mr. Hackett required the" ayes and nays to be recorded. Those who voted in the affirmative are, to-wit-Messrs. Baker, Brown, Butt, CJirtiR, Daniel, Denmark, Harrell, Jordan, King, .i\lc Whorter, Meldrim. Smith of the 15th, Suddath, Those who voted in the negative are, to-wit-Messrs. Barksdale, Bond, Bvrd, Duggar, Gormac, Guerry, Harris, Hackett, Hicks, McDaniel, Mattox, Moseley, Parks, Payne, Westbrook, Winn, Woodward. Ayes, 13. Nays, 17. So the motion to transmit the same to the House of Representatives, without delay, did not prevail. Mr. Byrd, chairman on the part of the Senate of the joint special committee appointed to enquire and report upon the advisability of the occupancy by the Commissioner of Agriculture, of the rooms in the Capitol recently occupied by the Post Office and the State Board of Health, made the following report, to-wit: Mr. President: The joint special committee appointed by the Senate and House of Representatives to confer with his Excellency, the Governor, and the Justices of the Supreme Court as to the occupancy of the old Post Office rooms by the Department of Agriculture, has discharged the duty assigned it, and begs leave to submit the following report: The Governor and members of the Supreme Court, after NovEMBER 27, 188o. 221 an examination of the room, estimating the probable cost of the needed repairs, and in view of the inconvenience of offices connected with the court room. should it be removed, have decided not to make a change from where the Court now sits. Hence the occupancy of the Post Office rooms by the Department of Agriculture, meets their approval. We, therefore, recommend that the General 1\.ssembly order that said roorfls be turned over to the Commissioner of Agriculture, to be repaired and fitted up, so as to fit them for the occupancy of the Department of Agriculture. (Signed,) (Signed,) s. M. H. BYRD, Vv". H. MATTOX, Of the Senate Committee. w. L. PEEK, w. A. DYER, s. D. FULLER, Of tlte House Committee. Mr. McWhorter, chairman of the Committee on Enrollment, submit~ed the following report, to-wit: 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 resolution, to-wit : A resolution to appoint a committee of eight-five from the House and three from the S~nate, to investigate and . inquire into the ownership and condition of the lease of the Western and Atlantic Railroad. R. L. MeWHORTER, Chairman. Mr. McWhorter, chairman of the Committee on Enrollment, submitted the following report: 222 JoURNAL oF THE SENATE, Mr. Presz'dmt: 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 change the time of holding the Superior Court of Henry county, and for other purposes. Respectfully submitted, R. L. Mc\VHORTER, Chaz'rman. On the call of the roll for the introduction of new matter the following bills were introduced, read the first time and referred to the Committee on the Judiciary, to-wit: By Mr. BondA bill to extend the jurisdiction of Justices of the Peace in certain cases. By Mr. BakerA bill to amend an act to amend section 3696 of the Code, etc. By Mr. ButtA bill to provide for the registration of electors in the several counties of this State, etc. By Mr. DenmarkA bill to repeal an act entitled an act to exempt the wages of journeymen mechanics and day laborers from the process of garnishment. On motion of Mr. McDaniel, the bill to amend the Constitution, paragrap.h 2d and 3d of section 3d, and paragraph I of section I 2, and paragraph I of section 14 of article 6, relating to appointment of Judges of the Supreme Courts and Solicitors General, was taken up, and one hundred copies thereof ordered to be printed for the use of the Senate. The following bills were introduced, read the first time and referred to the Committee on Education, to-wit: NovEMBER 27, 188o. 223 By Mr. CurtisA bill to amend section 26 of an act to perfect the public school system, and to supersede existing school laws, approved August 23d, 1872, and A bill to more clearly define the meaning of section 20 of the public school laws, approved August 23d, 1880. Mr. Hackett introduced a bill to empower the Railroad Commissioners to make joint freight rates; to publish rates, classifications, etc.; to fix salary of the Secretary to the Railroad Commissioners, etc. The same was read the first time and referred to the Committee on Internal Improvements and Railroads. Mr. McDaniel, chairman of the Committee on the J udiciary made a report, which was read. Mr. Byrd, chairman of the Committee on Agriculture made a report on a certain bill, which report was read. The following bills were taken up on a second reading, under the adverse report of the Judiciary Committee, the adverse report thereon agreed to and the hills, therefore, lost, to-wit: A bill to change paragraph 2, section 4, article 3 of the Constitution as to elections for members of the General Assembly, etc. A bill to alter and amend paragraph 3, section 1, article 5, of the Constitution, so that elections for Governor shall be held biennially on Tuesday, after the first Monday in November, instead of on the first Wednesday in October in each biennial year. A bill to provide for the payment of the fees of witnesses for the State, in criminal cases, and A bill to amend article 8 of the Constitution of this State by striking out section 2, paragraph 2, and inserting another in lieu thereof. The following bills were read the second time and passed to the third reading, to-wit: 224 }OUR~AL OF THE SENATE, A bill to provide for the better security of life and property from the dangers of coal and petroleum oils, and A bill to amend an act to render more economical and efficient the analysis of fertilizers, etc. 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 require constables and bailiffs to sell only on the regular monthly court days, only between the legal hours of sale, except in cases of property likely to deteriorate in value by keeping, approved Au gust Ist, I879 The report was agreed to. The bill was read the third time and passed by a constitutional majority, there being ayes, 23; nays, 3 The Senate took up as the report of the Committee of the -Whole, the bill to provide for judgments in foreclosing liens o'n personalty. 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, went into executive session and having remained some tiwe therein, returned to open session. The Senate took up as the report of the Committee of the Whole, the bill to amend paragraph I section I of an act entitled an act to define the jurisdiction, powers and proceedings of every County Court, etc. The Judiciary Committee reported in favor of the passage of said bill, with the following amendments, to wit: ''Amend section I by inserting after the word~ or numerals $300. oo," in the 28th line, the words: ''and over the remainder of the county when the principal sum, as aforesaid, does not exceed $300.00, nor is less than $50.00." Amend further by adding the following as another section, to-wit: "Section 2d. That all laws and parts of laws in conflict with this act, be, and the same are hereby repealed." NovEMBER 29, I88o. The amendments were received. 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. On motion of Mr. Parks, the Senate took up as the report of the Committee of the Whole the bill to provide a legal mode of defense for tenants where landlords have foreclosed their liens before due, etc. The Judiciary Committee reported in favor of the same, with certain amendments. Mr. Daniel proposed to amend the second line thereof by inserting between the words ''landlord" and "shall," the words "or assignee." On motion of Mr. Parks, the bill and proposed amend. ments were recommitted to the Committee on the Judiciary. The Senate having disposed of all the business on the Secretary's desk, adjourned, on motion, until IO o'clock, a. m., :Monday. SENATE CHAMBER, ATLANTA, GA.' } Monday, Novembet 29, I 880, I o o'clock, a. m. The Senate met pursuant to adjournment, the President in the chair. Prayer by the Rev. Dr. Wills. On the call of the roll, the following Senators answered to their names, to-wit: Baggs, Baker, BarksLiale, Butt, Byrd, Carter, Daniel, Denmark, Duggar, Fouche, Gorman, Guerry, Harris, Harrell, Hawes, Hackett,' Hicks, King, McDaniel, 1\Iattox, McWhorter, Meldrim, Moseley, Neal, Parks, Price, Smith of the 23d, ::luddath, Westbrook, Wilson, Winn, Woodward, MR. PRESIDENT. The Journal was read and approved. I5 226 JOURNAL OF THE SENATE, During the reading of the Journal, Mr. Hackett gave notice of his intention to move a reconsideration of the action of the Senate in regard to the joint resolution on the subject of an early recess. On motion of Mr. Byrd, the leave of absence hitherto granted Mr. Reid, was extended until to-morrow. Mr. McWhorter offered the following privileged resolution which was read and agreed to, to-wit: Resolved, That the Hon. C. H. McGregor and Col. N. Gallaher of the county of Warren, be invited to seats on the floor of the Senate. On motion of Mr. Baker, leave of absence was granted to Robert Hall, a Page of the Senate, for a few days, on account of indisposition. On motion of Mr. Daniel, leave of absence was granted Mr. Payne, on account of sickness in his family. Mr. Hackett moved a reconsideration of so much of the Journal of Saturday as relates to the action of the Senate in agreeing to a joint resolution, providing for a recess of the General Assembly, from the 4th of December next to the first 'Vednesday in July, 1881. The motion to reconsider prevailed. The fJllowing message was received from the House of Reprc~cnlatives through Mr. Hardin, the clerk thereof: Mr. P1tsido:!: The llo~:sc ol Representatives has passed the following bills, in\\ hic h t!:t.;: a,;k the concurrence of the Senate, to-wit: A bill to IJ: L: .Litled an act to amend section 2385 of the Code of 1-~7 ), in relation to the processioning of land and marking .hc ;ines and courses thereof; also, A bill to : ut hlrize the Ordinary of Clarke county to issue bone:; to ~~l:Jstitute on exchange for county bonds of said coun:y new r.utstanding, or with which, if necessary, to raise money to pay off said bonds; also, NOVEMBER 29, 1880. 227 A bill to amend the charter of the city of Griffin so as to authorize the establishment of a City Court in said city; to define the jurisdiction of the same, and for other purposes ; also, A bill to establish a Board of Commissioners of Roads and Revenues for the county of Fulton; also, A bill to incorporate the Buena Vista Railroad Company. The House has also adopted the joint resolution reported by the joint committee appointed to consider the expediency of an early adjournment of this General Assembly, towit: A resolution that the present session of the General Assembly do take a recess on Saturday the 4th of December next, and meet again on the first wednesday in July, 188 I. On motion of Mr. Woodward the Senate took up the foregoing joint resolution from the House of Representa tives providing for a recess of the present General Assembly. Mr. McDaniel offered the following as a substitute for the joint resolution mentioned, from the House of Representatives, to-wit : Wl)EREAS, The important duty of electing United States Senator, Judges of the Supreme and. Superior Courts, and Solicitors General, has consumed a large portion of the constitutional session, and has prevented attention to other public business, so that committees having charge of the educational, railroad, penitentiary interests of the State, and other public interest:,, have not had time for the proper discharge of their duties; and whereas, the public business cannot be finished without prolonging the present session far into the winter, and, whereas, many members of the General Assembly are now sick, and the progress of busi. ness is obstructed by their necessary absence; and whereas, it is the duty of the General Assembly, at its first session after each census of the United States Government, to 228 jOURNAL OF THE SENATE, apportion Representatives amongst the counties of the State, as provided in the Constitution, which can not be done until the publication of the results of the census of 1880; and, whereas, it may become necessary to re-apportion the Congressional Districts before the meeting of the next General Assembly, which would involve an extra session of the General Assembly: Tlzerejore, it is hereby Reso/zJed, by the Senate and House oj Representatz7tes, That the General Aesembly will take a recess from Saturday, 4th day of December next, until the first wednesday in July, 1881, and will prolong its present session after the said recess, and beyond the constitutional limit of forty days, for so long a time as the public interest may require. On motion of Mr. Me \Vhorter, the substitute was amended by striking out the ''4th December" and inserting the ''8th December." The same, as amended, was adopted as a substitute for the original, when on motion of Mr. McDaniel, it was laid on the table until the hour of 12 o'clock, m., this day. The following communication was this day received from his Excellency, the Governor, through Mr. Warren, his Secretary, to-wit: Mr. President: I am directed by his Excellency the Governor, to deliver to the Senate a sealed communication, to which he respectfully invites the consideration of your honorable body in executive session. 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 establish a Board of Commissioners of Roads and Revenues for Fulton county; and A bill to amend section 2385 of the Code of 1873, in NOVEMBER 29, 1880. relation to the processioning of land, and marking the lines and courses thereof. The follo~ing bills of the House of Representatives were read the first time and referred to tke Committee on corporations, to-wit: A bill to amend the charter of the city of Griffin so as authorize the establishment of a City Court in said city, to define the jurisdiction of the same, and for other purposes, and A bill to incorporate the Buena Vista Railroad Company, and for other purposes therein named. The bill of the House to authorize the. Ordinary of Clarke county to issue bonds to substitute, or exchange for county bonds of said county, now outstanding, or with which, if necessary, to raise money to pay off said outstanding bonds, was read the first time and referred to the Committee on l<'inance. The following message was received from his Excellency the Governor, through Mr. Avery, his Secretary. 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 sessio11. The Senate, on motion, went into executive session, and having spent some time therein, returned to open session. Mr. Butt, chairman of the Committee on Railroads and Internal Improvements made a report, which was read. Mr. Price, chairman of the Committee on Education made a report on a certain bill, which report was read. Mr. Mc\Vhorter, chairman of the Committee on Enrollment, snbmits the following report: 230 JOURNAL OF THE SENATE, .iWr. Ptesident: 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 resolution, to-wit: A resolution to appoint a joint committee to confer with a committee appointed by the General Council of the city of Atlanta to take in charge on the part of said city the erecting of a capital building on the lot dedicated by the city to the State. Respectfully submitted. H. L. McVVHoRTER, Clzaz"nnan. The following message was received from his Excellency the Governor, through Mr. A very, his Secretary : Mr. President : The Governor has approved the following resolution, to-wit: A resolution to return the thapks of the people of Georgia to R. N. Ely, for the able discharge of his duties in pressing the claimo;; of the State in Railroad tax cases. Mr. Butt, was added to the Committee on Privileges and Elections by request of said committee. On the call of the roll for the introduction of new matter, the following bills were introduced by Mr. l\lc Whorter, read the first time and referred to the Committee on the Judiciary, to wit: A bill to amend paragraph I, section 9, article 2 of the Constitution of this State. A bill to amend the Constitution of the State of Georgia. A bill to amend the Constitution of the State of Georgia, and A bill to amend paragraph 14, section 7, article 3 of the Constitution of the State of Georgia. By Hr. Parks- NovEMBER 29, 1880. 231 A bill to require all conditional sales of personal property, to be evidenced in writing, and for other purposes. The same was read the first time and referred to the Committee on the Judiciary . Mr. Butt, chairman of the Committee on Internal Improvements and Railroads offered the following privileged resolution, which was read and agreed to, to-wit: Resolved, That Senator A. C. vVestbrook be, and he is hereby added to the Committee on Internal Improvements and Railroads. The following bills were read the second time and passed to a third reading under favorable report of the committees to whom they were respectively referred, to-wit: A bill to empower the Railroad Commissioners to make joint freight rates; to publish rates, classificc>tions, etc.; and to fix the salary of the Secretary to the Ra.lroad Commissioners. A bill to enlarge the Board of TfllstLes of the University of Georgia by making certain addttions thereto. A bill to carry into effect section 4, article 8 of the Con- stitution, and A bill to amend section 16 of the public school laws. At the hour of I 2 m., the resolution providing for arecess of the General Assembly which had been laid on the table until that period, was taken up, on motion of Mr. Daniel. The substitute offered by Mr. McDaniel for the original resolution from the House, amended by striking out the fourth of December'' and inserting the ' eighth of December," had been adopted, and the question pending before the Senate was the concurrence in the resolution from the House as amended by substitute. Upon this question the ayes and nays were recorded. Those who voted in the affimative are, to-wit, Messrs- 232 JouRNAL oF THE SENATE, Baggs, Baker, Barksdale, Butt, Byrd, Carter, Curtis, Daniel, Denmark, Gorman, Guerry, Harris, Harrell, Hawes, Hicks, Jordan, King, McDaniel, Mattox, McWhorter, Meldrim, Neal, Parks, Price, Smith of the 23d, Huddath, Westbrook, Wilson, Woodward, MR. PRESIDENT. Those who voted in the negative are, to-wit-Messrs. Duggar, Fouche, Hackett, Winn, Ayes, 30. Nays, 4 So the resolution, as amended, was concurred in by a constitutional vote of two-thirds of all the Senators elect, and, on motion of Mr. Guerry, was ordered to be transmitted to the House of Representatives immediately. The President announced as the Committee on Hygiene, to-wit: Messrs. Harris, Brown, Smith of the Twenty-third District, Bond and Meldrim. The Senate having disposed of all the business on the desk of the Secretary, adjourned, <:n motion of 1\fr. Parks, until 10 o'clock, a. m., to-morrow. SENATE CHAMBER, ATLANTA, GA., } Tuesday, November 30, r88o, ro 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 : Baggs, Baker, Barksdale, Brown, Bond, Butt, Byrd, Carter, Curtis, Guerry, Harris, Harrell Hawes.' Hackett, Hicks, Johnson, King, l\lcDaniel. Parks Price,' Reid, Smith of the 5th, Smith of the 23d, Storey, 8uddath, Treadwell, ,ytstbrook, NOVEMBER 30, 1880. 23 3- Daniel, Denmark, Duggar, Fouche, Gorman, Mattox, McWhorter, Meldrim, Moseley, Neal, Wilson, Winn, Woodward, MR. PRESIDENT. The Journal was read and approved. Mr. Fouche, chairman of the Committee on Finance made a report on a certain bill, which report was read. Mr. Winn, chairman of the Committee on Corporations, made a report on certain bills, which was read. Mr. McDaniel, chairman of the Committee on the J udiciary made a report on certain bills, which was read. Mr. McDaniel introduced a joint resolution authorizing C. J. \Vellborn to publish the acts of the present session of the General Assembly, at his own expense, etc. The same was, on motion, taken up and agreed to. Mr. Price introduced a joint resolution for the relief of V. A. Gaskell, which was,. on motion, taken up, read and referred to the Committee on the Judiciary. On motion of Mr. Denmark, the rules were suspended for the purpose of reading bills of the Senate and House of Representatives the second time. The bill of the Senate to increase the salaries of the Chief Justice, the Judges of the Supreme and Superior Courts of this State was taken up for a second reading under the adverse report of the Judiciary Committee, and, on motion of Mr. Mc\Vhorter, was laid on the table. The bill of the Senate to repeal ar_ act entitled an act to exempt the wages of journeymen mechanics, and day laborers from the process of garnishment. was read the second time and passed to a third reading. The bill of the s~nate 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 following bills of the House \\ere read the second time and passed to the third reaJing, to-wit: 234 JouRNAL oF THE SENATE, A bill to establish a Board of Commissioners of Roads and Revenues for Fulton county. A bill to incorporate the Buena Vista Railroad Com pany, and for other purposes therein named. A bill to authorize the Ordinary of Clarke county to issue bonds to be substituted or exchanged for county bonds of said county, now outstanding, or with which, if necessary, to raise money to pay off said outstanding bonds, and A bill to amend the charter of the city of Griffin, so as to authorize the establishment of a City Court in said city; to define the jurisdiction of the same, and for other purposes. By resolution offered by l\Ir. Butt, Mr. Guerry was added to the Committee on Internal Improvements and Railroads. The Senate took up as the report of the Committee of the Whole, the bill to amend section 16 of the public school laws. The report was agreed to. The bill was J::ead 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 enlarge the Board of Trustees of the University of Georgia by making certain additions thereto. 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 to amend an act to render more efficient and economical the analysis, etc., of fertilizers. The report was srs. Baggs, Baker, Barksdale, Brown, Byrd, Curtis, Denmark, Duggar, Gorman, Guerry, Harris, Harrell, Hicks, King, McDaniel, Mattox, McWhorter, Moseley, Price, Smith of the 5th, Westbrook, Wilson, Winn, MR. PRESIDENT. Those who voted in the negative are, to-wit-Messrs. Carter, Daniel, Fouche, Hawes, Hackett, Johnson, Parks, Suddath, Treadwell. Ayes, 24. Nays, 9 So the bill was passed by a constitutional majority. The following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof: Mr. President: The .House of Representatives has passed the following bill, to wit: A bill to be entitled an act making appropriations for the Executive, Legislative and Judicial expenses of the government, and for other purposes herein mentioned, per annum, for the years I 88 I and r882. The General Appropriation Bill, mentioned in the fore- }OURNAL OF THE SENATE, going message, was taken up, read the first time and referred to the Committee on Finance. The following message was received from His Excellency the Governor, through Mr. A very, his Secretary: Mr. President: Governor Colquitt directs me to deliver to the Senate a sealed communication, and respectfully asks your,. honorable body to consider it in executive session. The Senate, on motion, went into executive session, and, having remained some time therein, returned to open session. The following bills were introduced, read the first time, and referred to the Committee on the Judiciary, to-wit: By Hr. CarterA bill to limit the term of office of Jury Commissioners_ By Mr. HackettA bill to amend section 2390 of the Code of 1873. By Mr. DuggarA bill to authorize the settlements of pleas of guilty of misdemeanors, in magistrates' courts. By Mr. DuggarA bill to regulate the payment of costs in criminal cases. By Mr. ParksA bill 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 and greater fees than herein provided, and making a disregard of the requirements of this act extortion, and prescribing the punishmentment therefor, approved October 15th, 1879. By Mr. ReidA bill to amend an act to prescribe fees of Solicitors in the County Courts where the same are not now provided for by law, approved October I sth. 1879- NOVEMBER 30, I 880. 237 By Mr. WinnA bill to provide for the speedy foreclosure of mortgages on realty in certain cases where so agreed upon by the parties in the face of the mortgage contract. Mr. Duggar introduced a bill to amend the tax laws of Georgia by changing the time of liability to taxation from the first day of April to the first day of January. The same was read the first time and referred to the Committee on Finance. Mr. McWhorter, Chairman of the Committee on Enrollment, submitted the following report: Mt. President: The Committee on Enrollmen~ 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 bill, to-wit : A bill to be entitled an act to amend an act 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 cases of property likely to deteriorate in value by keeping, approved August 1st, 1879 R. L. McWHORTER, Chairman. Mr. Guerry offered the following privileged resolution, which was read and agreed to, to-wit: Resolved, That the Hon. Phil. Cook, of Sumter county, 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. Hardin, the Clerk thereof, to-wit: Mr. Prest'dent: The House of Representatives has adopted the Senate substitute in lieu of the House resolution, providing for a JouRNAL OF THE SENATE, recess of this General Assembly, with an amendment, in which they ask tl?-e concurrence of the Senate. The joint resolution mentioned in the foregoing message-the same relating to a recess of the General Assembly-was, on motion, taken up, and on the question of concurring in the House amend.nent of the Senate's substitute, which substitutes "the 4th December" for ''the 8th December," the ayes and nays were recorded. Those who voted in the affirmative are, to-wit-Messrs. Baggs, Baker, Barksdale, Brown, Bond, Butt, Byrd, Curtis, Daniel, Denmark, Gorman, Guerry, Harris, Harrell, Hawes, Hicks, Johnson, Kiug, McDaniel, Mattox, Me Whorter, Meldrim, Moseley, Neal, Parks, Reid, Smith of the 5th, Smith of the 23d, Storey, SuJdath, Westbrook, Wilson, Woodward. MR. PRESIDII:NT. Those who voted in the negative are, to-wit-Messrs. Carter, Duggar, Fouche, Hackett, Price, Treadwell. Ayes, 34; nays, 6. So the amendment was concurred in by a constitutional majority, and, on motion of Mr. Butt, was ordered to be transmitted at once to the House of Representatives. Mr. McWhorter offered the following joint resolution, \Yhich was taken up, read and agreed to, to-wit: Rcsobed, by the Senate and House of Reptesentati'l'es, 1 h:tl a committee of five from the Senate and seven from t:Jc J I ouse, be appvinted to inquire into the advisability of rt commending a uniform system of keeping accounts by C"unty Treasurers, and to examine all such systems as may be submitted to them, and report upon the same. ut the intervention of the jury, for the principal with the interest, as stipulated in the contract." Pending the motion to adopt the proposed amendment DECEMBER I, 1880. 245 of the substitute, the whole subject matter was, on motion, recommitted to the Committee on the Judiciary. Mr. Fouche, chairman of the Committee on Finance, made a report on the General Appropriation bill, which was read and the bill was, on motion, taken up, read the second time and passed to a third reading. Mr. Smith, of the Twenty-third District, chairman of the Committee on the Lunatic Asylum, made the following report, which was read and laid on the table, to-wit : To tlze President oj tlze Senate and Speaker of tlte House Representatives: The Joint Committee on the State Lunatic Asylum beg , leave to submit the following report: Your committee have visited the Asylum and carefully inspected its various departments, and take pleasure in stating that the institution throughout was in most excellent condition, reflecting great credit on the Trustees and entire corps of officers connected with its management. The medical department your committee found to be in charge of capable and experienced physicians, and who are vigilant and attentive to the unfortunate inmates committed to their charge. Of the departments of the laundry and engineers, your committee deem it eminently proper to speak in laudatory terms. These departments, in their several and various appointments, are in most excellent condition, and are managed and conducted in an admirable manner. The Treasurer's and Stewart's departments made a good exhibit, evidencing the fact that these officers are faithful in the discharge of their important stations. Your committee found upon investigation that their books are kept in a neat and symstematic order, and with proper vouchers to correspond with all disbursements. jOURNAL OF THE SENATE, Your committee were especially pleased and gratified at the painstaking and careful management of the matron's department. The matron and her faithful assistants certainly deserve at our hands great commendation for their ceaseless and proper care for the comfort and welfare of the patients. Your committee made a careful and thorough scrutiny of the sleeping apartments of the institution, and found them all to be in first class order and condition. The beds are kept clean and neat, and provided with sufficient and comfortable bedding and covering. The culinary department we found to be in excellent order, and well adapted to the wants of the institution. The garden and orchard attached to the Asylum, will contribute much to the welfare and healthfulness of the patients. The orchard and vineyard have been only recently started, but bid fair to succeed and prove valuable adjuncts to the culinary department. Your committee deem it proper, in this report, to advert to the fact that the State has done its whole duty in providing for the comfort of the colored patients in the Asylum. The accommodations for this class of patients, are excellent and capacious. The new buildings for the colored inmates, which were erected this year, in their construction and adaptation to the wants of the institution, are of a most satisfactory character, and evince the fact that the appropriation made by the General Assembly for this purpose has been judiciously expended. Your committee have had under consideration the suggestions made by the Trustees of the Asylum, in their last annual report, as to the propriety of in,uring the buildings and property. Your committee believe that they should be insured, and they recommend an annual appropriation of$ I, 750 for this purpose. DECEMBER I, 1880. 247 Your joint committee, in view of the increased cost of provisions, the well-grounded prediction of a large increase in the number of patients, and knowing the economical management of the officers in charge of the institution, unanimously recommend that the annual appropriation to the institution be increased to one hundred and twenty-five thousand dollars, in lieu of th(' amount fixed in the General Appropriation Bill, to-wit: One hundred and ten thousand do1lars. Your committee would also recomm~d that the sum of five dollars per week be appropriated to defray the ex penses of the various amusements for the patients deemed advisable by the resident physician. Your committee are reliably informed that this expense has hitherto been met by the different officers of the institute out of their private purses. Your committee have had under consideration the sug gestions of the Trustees and Superintendent, looking to an enlargement of the Asylum, or the erection of another in a different portion of the State. Your committee have not had time in which to fully mature a report upon this matter, and they beg leave to withhold their report upon the foregoing suggestions, and present a supplemental report thereon at the adjourned session in July. Your committee, before concluding their report, desire to mention the fact that there are now in the Asylum, as the whole number of patients of both sexes, eight hundred and eighty-eight (888). Of this number one hundred and seventy-nine are colored, the remainder being white. Without further amplifying and particularizing upon the several compartments of the Asylum, your committee would say that they believe the institution, in its entirety, is in admirable order and condition ; and that this unfortunate class of your population who find homes beneath JouRNAL OF THE SENATE, its sheltering roof, are treated humanely and kindly, and enjoy every advantage that attention and experience can suggest ~nd provide. (Signed,) D. A. SMITH, Chaz"nnan, ]. F. BROWN, W. P. BoND, ]. G. PARKS, S. G. jORDAN, R. L. STOREY, ... R. B. HARRIS, J. E. CARTER, ]. S. REID, B. C. DuGGAR, s. G. TREADWELL, Committee on part ofthe Senate. E. A. PERKINS, Clzaimzan Committee on part of the House of Representatives. On motion of Mr. McDaniel, it was ordered that when the Senate adjourns this day, it shall adjourn to meet again at 3 o'clock, p. m. The hour of adjournment arrived and the Pre~ident declared the Senate adjourned until 3 o'clock, p. m. SENATE CHAMBER, 3 o'cLocK, P. M. The Senate met pursuant to adjournment, the President in the Chair. On motion of Mr. McDaniel, leave of absence, during the afternoon session, was granted the Committee on the Judiciary. On motion of Mr. Parks three hundred copies of the report of the Joint Committee on the Lunatic Asylum were ordered to be printed for the use of the General Assembly. DECEMBER I, 1880. The following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof : Mr. President: The House of Representatives has passed the following bills, to-wit: A bill to be entitled an act to change the time of holding the Superior Courts for the county of Washington; also, A bill to provide for 'the service of summons in suits in Justices' Courts of this State against co-obligors, joint contractors, endorsers of promissory notes, etc. ; also, A bill to be entitled an act to amend section 4066 of the Code of 1873, allowing plaintiffs to traverse the truth of the answer or return in cases of certiorari; also, A bill to be entitled an act to permit the City Court of Atlanta to try civil cases, with the consent of the parties, during the March and September terms of said court in each year ; also, A bill to be entitled an act to amend section 3949 of the Code of 1873, in reference to certain laws to be given specially in charge to the grand juries in this State; also, A bill to be entitled an act to amend section 4161 of the Code of 1873, which provides for the answering of garnishments in the ] ustices' Courts of this State ; also, 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; also, A bill to be entitled an act to require Ordinaries, Commissioners, and other parties having charge of county finances, to furnish dockets to ] ustices of the Peace and Notaries Public; also, A bill to be entitled an act to amend an act to regulate the manner of letting out contracts to build or repair pub- jOURNAL OF THE SENATE, lie buildings, causeways, or other public works, in the several counties of this State, and for other purposes ; also, A bill to be entitled an act to change the time of holding the Spring term of the Superior Court of the county of Mitchell. The following message was received from his Excellency, the Governor, through Mr. Avery, his Secretary : Mr. President: I am directed by his Excellency the Governor, to deliver to the Senate a sealed communication, which he respectfully invites your honorable body to consider in Executive session. On motion of Mr. Wilson, 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 of the House of Representatives to amend the charter of the city of Griffin, so as to authorize the establishment of a City Court in said city; to define the jurisdiction of the same, and for other purposes. The same was amended by adding after the words " at the last meeting in November, I88o," where they occur in the twentieth line of the first section, the words, ''or as soon thereafter as practicable." The President announced that the evidences of publication of notice of intention to apply for the passage of this bill were in his possession, the same being in compliance with the requirements of law, were accepted by the Senate. The report as amended was agreed to. The bill was read the third time and passed, as amended, by a constitutional amendent, there being ayes, 3 1; nays, o. On motion of Mr. Winn, the same was ordered to be transmitted to the House at once. DECEMBER I, 1880. The Senate took up, as the report of the Committee of the Whole, the bill of the House to incorporate the Buena Vista Railroad Company, and for other purposes. Satisfactory evidence that due legal notice had been given of the intention to apply for the passage of this bill was presented to the Senate. The report was agreed to. The bill was tead 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 uf the House of Representatives to establish a Board of Commissioners of Roads and Revenues for Fulton county. Mr. Winn submitted to the Senate satisfactory evidence that due legal notice of the intention to apply for the passage of said 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, 35; nays, o. The Senate took up, as the re!Jort of the Committee of the Whole, the bill of the House of Hepresentatives to authorize the Ordinary of Clarke county to issue bonds to substitute or exchange for county bonds of said county, now outstanding, or with which, if necessary, to raise money to pay off said outstanding bonds. Mr. Fouche submitted to the Senate satisfactory evidence that due legal notice had been given of. the intention to apply for the passage of said bill. The report was agreed to. The bill was read the third time and passed by a constitutional majority, there being ayes, 27; nays, o. Mr. Bond introduced a joint resolution providing a special committee to sit during the recess, for the purpose of examining and reporting upon the most economical and feasible mode of providing separate accommodations for the colored lunatics of the State. JouRNAL OF THE SENATE, On motion of Mr. Brown, the same was taken up, read, and agreed to, and, on motion, ordered to be transmitted to the House of Representatives at once. On motion of Mr. Byrd, the Senate adjourned until 10 o'clock, a. m., to-morrow. SENATE CHAMBER, ATLANTA, GA.,} Tlmrssday, December 2, I 880, 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: Bagg~. Baker, Barksdale, Brown, Bond, B:1tt, By rei. Carler. Curtis. Daniel, D~nruark. Duggar, Fouche, Gorman. Gn~rry, Harris, Harrell Hawes,' Hackett, Hicks. Johmon, K~riciwmmiel, :Mattox, Me \Vhorter, Meldrim, Moseley, Neal. Park.R, Payne, Price, Reid, Smith of the 5th, Smith of the 15th, Smith of the 23d, Storey, Suddath, Treadwell, 'Vest brook, Wilson, Winn, Woodward, MR. PHESIDE~T. The Journal was read and approved. Mr. Mc\Vhorter moved a reconsideration of so much of the Journal of yesterday as relates to the passage of the bill of the House, to incorporate the Buena Vista Railroad Company, and for other purposes, therein mentioned. Mr. Butt moved to lay the motion to reconsider on the table. This motion was lost. The bill was reconsidered, and, on motion of Mr. McWhorter, taken up. DEcEMBER 2, t88o. 253 On his motion the same was amended by striking out all of the seventh section after the word " interest" where the same occurs in the thirteenth line of said seventh 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, 35 ; nays, o. The bill, on motion of Mr. Mc\Vhorter, was ordered to be transmitted to the House of Representatives without delay. The following message was received from the House of Representatives, through Mr. Hardin, 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 an act entitled an act to incorporate the town of Hawkinsville, in the county of Pulaski, and for other purposes; also, A bill to be entitled an act to a:nend the charter of the city of Newnan; also, A bill to be entitled an act to repeal an act, approved February 27th, 1877, consolidating the offices of Sheriff and Tax Receiver ofGreene county; also, A bill to be entitled an act to alter and amend the several acts incorporating the town of Cochran, in the county of Pulaski, and to grant certain privileges to the same ; also, A bill to be entitled an act to repeal an act, approved February 17th, 1877, to reduce the compensation of County Treasurer of Greene county; also, A bill to be entitled an act to alter and amend an act entitled an act to provide for a County Board of Commissioners for the county of Mitchell, andJor other purposes; also, 254 JouRNAL OF THE SENATE, A bill to be entitled .an act to change and extend the corporate limits of the town of Cedartown, in the county of Polk ; also, A bill to be entitled an act to repeal an act to consolidate the office of Clerk of the Superior Court and Treasurer, in the county of Douglass, and for other purposes ; also, A bill to be entitled an act to transfer the county of Stewart from the Chattahoochee to the Southwestern Judicial Circuit ; also, A bill to be entitled an act to change the time of holding the Superior Courts for the county of Schley, and for other purposes ; also, 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, and for other purposes ; also, A bill to be entitled an act to amend the character of the town of Camilla, so as to change the time of holding municipal elections, and for other purposes; also, A bill to be entitled an act to allow the trustees of the Reformed Medical College of Georgia to remove said college from Macon to Atlanta, Ga. ; also, A bill to extend the corporate limits of the town of Waynesboro, Burke county, Ga., and for other purposes; also, A bill to give the Comptroller General authority to extend the time of the Tax Collectors of this State in making their final settlements with his office for taxes due this State ; also, A bill to be entitled an act to alter and amend section 2484 of the Revised Code of Georgia, and for other purposes ; also, A bill to authorize the sureties on the official bonds required of State or County officers, to limit the amount of DECEMBER 2, 1880. their liabilities on such bonds in all cases where the whole amount of the bond so required is five thousand dollars or more; also, A bill to be entitled an act to incorporate the town of Etowah City ; also, A bill to incorporate the Rome and Chattanooga Railroad Company, and for other purposes; also, A bill to incorporate the Commercial Bank of Savannah; also, A bill to authorize the Governor to furnish arms and accoutrements to the cadets or students of branches of the State University now established, or which may hereafter be established ; also, A bill to be entitled 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. 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 change the time of holding the Spring term of the Superior Court of the county of Mitchell. A bill to amend an act entitled an act to regulate the manner of letting out contracts to build or repair public buildings, bridges, etc., and prevent officers charged with such duties from enjoying any profit from said contracts. A bill to require Ordinaries, Commissioners or other persons having charge of county finances, to furnish dockets to Justices of the Peace and Notaries Public, exofficio Justices of the Peace, and to provide for the preservation of the same. A bill to amend section 4161 of the Code of 1873, which provides for the answering of garnishments in Justices' Courts of this State. A bill to amend section 3949 of the Code of 1873, in jOURNAL OF THE SENATE, reference to certain laws to be given specially in charge to the grand juries in this State. A bill to permit the City Court of Atlanta to try civil cases, with the consent of the parties, during the March and September terms of said Court in each year. A bill to change the time of holding the Superior Courts for the county of Washington. A bill to amend section 4066 of the Code of 1873, allowing plaintiffs to traverse the truth of the answer or return in cases of certiorari. A bill to provide for the service of summons in suits in the Justices' Courts of this State against co-obligors, joint contractors, endorsers of promissory notes, etc. A bill to transfer the county ofStewart from the Chattahoochee to the Southwestern Judicial Circuit, and for other purposes. A bill to change the time for holding the Superior Courts for the county of Schley, and for other purposes. A bill to organize a County Court for the county of Muscogee and to provide for the disposition of causes pending therein. A bill to repeal an act, approved February 27th, 1877, consolidating the offices of Sheriff and Tax Receiver of Greene county. A bill to repeal an act consolidating the offices of Clerk of the Superior Court and Treasurer, in the county of Douglass, approved February 4th, 1875, and amended and approved February 26th, 1877, and for other purposes. A bill to repeal an act entitled an act to repeal an act to provide for the payment of certain insolvent costs in the Augusta Judicial Circuit, approved February 15th, 1873, in so far as the said act applies to the county of Richmond, approved August 26th, 1879. A bill to authorize the sureties on the official bonds re- DEcEMBER 2, 188o. 257 quired of State or county officers, to limit the amount of their liabilities on such bonds in all cases where the whole amount of the bond, so required, is five thousand dollars or more. A bill to give the Comptroller Gener<\1 authority to ext~nd the time of the Tax Collectors of this State in making their final settlements with his office for taxes due this State. A bill'to alter and amend paragraph 5 of section 2484 of the Revised Code of Georgia in relation to the rules of inheritance between brothers and sisters of the half blood, on the maternal side, to inherit equally with the whole blood. The following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof, towit: Mr. Ptesidmt: The House of Representatives has passed the following bills: A bill to be entitled an act to repeal an act entitled an act to incorporate the town of Tallapoosa, in the county of Haralson, and for other purposes ; also, A bill to be entitled an act to incorporate the Citizens' Bank of Augusta, Georgia; also, A bill to entitled an act to repeal an act to organize a County Court for the county of Muscogee, and to :provide for disposition of cases pending in same. 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 repeal an act, approved February 17th, 1877, to reduce the compensation of County Treasurer of Greene county. 17 jOURNAL OF THE SENATE, A bill to extend the corporate limits of the town of Waynesboro, Burke county, Georgia, and for other purposes. A bill to amend the charter of the town of Camilla, so as to change the; time of holding municipal elections from the second Saturday in January to the second Tuesday of the same month, and provide for the election of four Councilmen instead of three. A bill to alter and amend the several acts incorporating the town of Cochrap, in the county of Pulaski, and to grant certain privileges to the sam. A bill to alter and amend an act entitled an act to provide for a County Board of Commissioners for the county of Mitchell, and to prescribe and define the powers and duties thereof, approved February 2oth, r873, so as to re,5ulate the pay of the clerk of said Board. A bill to change and extend the corporate limits of the town of Cedartown, in Polk county. A bill to amend the charter of the city of Newnan. A bill to amend an act entitled an act to incorp~rate the town of Hawkinsville, in Pulaski county, etc., approved October 2~th, r870, so as to require all voters at elections for Mayor and Council of said town to be registered before voting. A bill to incorporate Etowah City, in the county of Floyd, to confer certain powers and privileges upon the Mayor and Council thereof, 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, approved February 26th, 1877, and amended August 23d, 1879. A bill to repeal an act incorporating the town of Tallapoosa, in the county of Haralson, and to adopt a new character for said town, etc. The following message was received from the House of DECEMBER 2, r88o. 259 Representatives, through Mr. Hardin, the Clerk thereof: Mr. President : The House of Representatives has passed the following bill, viz: A bill to be entitled an act to establish a City Court in the county of Hall, and to provide for the appointment of a Judge and Solicitor thereof. The following bills of the House of Representatives were read the fist time and referred to the Committee on Banks, to-wit : A bill to incorporate the Citizens' Bank of Augusta, Georgia, and A bill to incorporate the Commercial Bank .of Sava,mah. The bill of the House to repeal 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 Sheriff~ in certain cases, and for other purposes, was read the first time and referred to the Committee on Finance. The bill of the House to incorporate the Rome and Chattanooga Railroad Company, and to grant cert 1in powers and privileges to the same, and to authorize said company to consolidate its road with any other road incorporated in this State, or the State of Tennessee, and for other purposes, was read the first time and :-.~~c:~-r~d tn the Committee on Internal Improvements and Railroads. The bill of the House to allow the Trustees of the Reformed Medical College of Georgia to remove the said college from Macon to Atlanta, Ga., was read the first time and referred to the Committee on Hygiene. The bill of the House to authorize the Governor to furnish arms and accoutrements to the cadets, or students of branches of the State University, now established, or that may be hereafter established, was read the first time and referred to the Committee on the Military. 260 JocRNAL oF THE SENATE, Mr. Winn, chairman of the Committee on Corporations, made a report, which was read. On motion of Mr. Payne, leave of absence was granted the members of the Committee on Privileges and Elections during the morning session. Mr. McWhorter, chairman of the Committee on Enrollment, submitted the following report : Mr. President: The Committee or. 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 resolution, to-wit: A resolution in reference to adjournment. R. L. McWHORTER, Chainnan. The following message was received from his Excellency the Governor, through Mr. Avery, his Secretary: Mr. President: I am directed by his Excellency, the Governor, to deliver to the Senate a sealed message, and ask its consideration in Executive session. Mr. Daniel, Chairman of the Committee on the State of the Republic, made a report on a memorial and accompanying resolution, requesting our Senators and Representatives in Congress to use their influence for the passage of a law equalizing tax on distillation of liquors, etc. The same was, on motion, taken up and agreed to. The bill of the House to establish a City Court in the county of Hall, and to provide for the appointment of a Judge and Solicitor thereof, was read the first time and re~erred to the Committee on the Judiciary. The bill of the House to change the charter of Jonesboro, with reference to the time of holding elections for DECEMBER 2, I 880. 261 municipal officers, was read the second time and passed to a third reading. Mr. Fouche, chairman of the Committee on Finance, made a report on the General Tax Bill. On his motion, the rules were suspended for the purpose of taking up the General Appropriation Bill. The Senate took up, as the report of the Committee of th'- Whole, the bill of the House of Representatives, making appropriations for the executive, legislative and judicial expenses of the Government, and for other purposes, herein mentioned, tor the fiscal years I88 I and I882. The same was, on motion of Mr. Fouche, acted upon by sections. The first section was read and adopted, without amendment. The second section was read and amended as follows, by recommendation of the Committee on Finance, to-wit : Amended paragraph 8, of section 2, by striking out the words, '' one dollar and fifty cents," and inserting in lieu thereof the words, ''two dollars," so that said paragraph shall read as follows: " For compensation of two porters for the Senate and four for the House of Representatives, for sweeping and cleaning hall and galleries of the Senate and House of Representatives, and attendance on committees, two dollars per diem each. Paragraph 9, of section 2, was amended by striking out the words, '' one page," in the first line of said paragraph, and inserting in lieu thereof the words, '' two pages," so that said paragraph when amended shall read as follows: '' For compensation of two pages for the Senate and four pages for the House of Representatives, one dollar and fifty cents per diem each. Paragraph Io, of section 2, was amended by striking out the words ''one attendant for the Senate and one attendant for the House," and inserting in lieu thereof 262 }OURNAL OF THE SENATE, the words '' three attendants for the Senate and House of Representatives," so that said paragraph, as amended, shall read as follows: "For compensation of three attendants for the Senate and House of Representatives for services in keeping and cleaning the water closets at the Capitol during the session, one dollar and fifty cents per diem, each." The second section as amended, was adopted. Section 3 was read and adopted without amendment. Section 4 was read, when Mr. Price offered to amend the same by adding the following at the close thereof, to-wit: ''For the University of Georgia, the sum of ten thousand dollars, to be used under the direction of the Prudential Committee of said institution, in the work of re-building the North Georgia Agricultural College of Dahlonega, destroyed by fire, and to furnish proper school furniture for the same," Pending action upon the proposed amendment of Mr. Price to the fourth section, Mr. McDaniel moved that when the Senate adjourns this day, it shall adjourn until 3 o'clock, p. m. The motion prevailed. The following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof: Mr. President: The House of Representatives has passed the following bill, towit: A bill to be entitled an act to amend the charter of the city of Macon, so as to include within the corporate limits of said city four acres of land, having improvements thereon, adjoining present boundary of said city, and known as the Holdridge place. .\!so, the House has concurred in the Senate resolution DECEMBER 2, I88o. in regard to publication of public acts of the present sessent session of the General Assembly. Pending action upon the proposed amendment of Mr. Price to the fourth section of the General Appropriation Bill, Mr. Price having the floor, the hour of adjournment arrived, and the President declared the Senate adjourned until 3 o'clock, p. m. SENATE CHAMBER, 3 o'cLOCK, P. M. The Senate met pursuant to adjournment, the President in the Chair. The consideration of the unfinished business of the morning was resumed, to-wit: The amendment proposed by Mr. Price to the fourth section of the General Appropriation bill. After discussion thereon, Mr. Price, with the consent of the Senate, withdrew his proposed amendment. Mr. Story moved to amend the fourth section by striking out '' $68, 53 I 64," and in~erting "$83,5 3 I 64" for the fiscal year I88I, and by appropriating $125,000 for the fiscal year 1882. The amendment was lost and the fourth section was adopted without amendment. Section 5 was adopted without amendment. Section 6 was amended, in accordance with the recommendation of the Finance Committee, as follows, towit: By adding thereto the following clause : "To pay balances due the following newspapers for printing the 'schedule of just and reasonable rates,' and the revisions thereon to and including circular number ten: To the Atlanta Constitutim, six hundred and three dollars and eighty cents; to the Augusta Chronicle and Constitutionalist, five hundred and sixtysix dollars and ten cents; to the Albany Advertiser, five hundred and jOURNAL OF THE SENATE, forty-six dollars and seventy-five cents; to the Columbus Enquirer-Sun, five hundred and sixty-six dollars and ten cents; to the Macon Telegraph and Mt:!ssenger, five hundred and sixty-six dollars and ten cents; to the Rome Courier, five hundred dollars; and to the Savannah News, five hundred and sixty-six dollars and ten cents, making a total sum of three thousand nine hundred and fouteen dollars and ninety-five cents." Paragraph 7 of section 6 was amended by striking out the words "eight thousand one hundred dollars" and inserting in lieu thereof the words,- ''eight thousand five hundred dollars;" also, by striking out the words, "six hundred" and inserting in lieu thereof "one thousand," so that said paragraph will read as follows: 'For repairs of public buildings; to purchase coal, wood, gas and furniture for the Executive Mansion and the various departments of State; for the insurance of the public buildings and property;' to pay the hire of guards, engineer, servants and general incidental expenses, the sum of eight thousand five hundred dallars, per annum, or so much thereof as may be necess'lry, of which sum one thousand dollars shall be paid to the Keeper of Public Building and Grounds as a salary per annum. This appropriation to be expended under the direction of the Governor." Paragraph 13 of section 6, by striking out "five hundred dollars," and inserting in lieu thereof the words,_ '' five hundred dollars and forty cents." The sixth section as amended was adopted. The following was adopted on recommendation of the Finance Committee, as an additional section, to be known as section 8. 'Section 8. Be it furtlzer macted by tlze autlzority afotesazd, That the sum of twenty-six hundred dollar~, or so much thereof as may be necessary, be appropriated to purcha~e for the use of the Treasury of the State, a DECEMBER 2, I 880. burglar-proof safe, made upon the latest and most approved plans, with the best combination and chronometer or time locks, and, also, to renovate the vault. The purchase to be made by the Treasurer, under the direction and approval of the Governor." The following was adopted as an additional section, to be known as section 9 : ''Section 9 Be it further enacted, That the sum of one hundred dollars be, and the same is, hereby appropriated to Jackson T. Taylor to compensate him for making an index for the Senate and House journals of the present sitting, up to the recess, and that the Governor draw his warrant in favor of said Jackson T. Taylor for said sum, when the work is complete." The following was adopted as an additional section, to be known as section 10: "Section 10. Be it further enacted, That the sum of fifteen dollars each, or so much thereof as may be necessary, on an itemized account of actual expenses, furnished by the respective chairman, be appropriated to pay the expenses of the joint committee of the two Houses on the Blind Asylum for visiting that institution. . That the sum of twenty dollars each, or so much thereof as may be necessary, be appropriated to pay the actual expenses of the Joint Committee on the Lunatic Asylum, for visiting that institution, to be paid on an itemized statement furnished by the respective chairman.'' The report as amended was agreed to. The bill was read the third time, and, on the que.>tion of its passage as amended, the ayes and nays were recorded. Those who voted in the affirmative are, towit-Messrs. 266 JouRNAL OF THE SENATE, Baker, Barksdale, Brown, Bond, Butt, Byrd, Carter, Curtis, Daniel, Denmark, Duggar, Fouche, Gorman, Guerry, Harris, Hawes, Hackett Hicks, Jordan, Johnson, King, McDaniel, McWhorter, Meld1im, Mo8eley. Neal, Parks, Payne, Price, Reid, Smith of the 5th, Smith of the 15th, Storey, Treadwell, Westbrook, Winn, Woodward, MR. PRESIDENT. Ayes, 38; nays, o. So the bill was passed as amended by a constitutional majority. Mr. Price gave notice of the intention to move a reconsideration of the said bill for the purpose of offering a certain amendment thereto. On motion of Mr. Baker, the rules were suspended, when the bill of the House " to amend the charter of the city of Macon, and for other purposes," was read the first time and referred to the Committee on Corporations. On motion of Mr. Fouche, the general tax act was taken up, read the second time and passed to a third reading. On motion of Mr. McDaniel, leave of absence was granted Mr. Barksdale for Saturday next. The joint resolution authorizing the joint committee appointed to investigate and report the present status of the Western and Atlantic Railroad lease, was taken up, read, amended by striking out the provision in relation to the employment of a Clerk, and agreed to, as amended. Under a suspension of the rules for that purpose, Mr. Meldrim offered a hilt to change the time of holding the Superior Courts of Bulloch and Effingham counties, which 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. DECEMBER 3, 1880. SENATE CHAMBER, ATLANTA, GA., } Frt"day, December 3, 188o, 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: Baker, Barksdale, Brown, Bond. Butt, Byrd, Carter, Curtis, Daniel, Denmark, Duggar, Fouche, Gorman, Guerry, Harris, Harrell, Hawes, Hackett, Hicks, Jordan, Johnson, King, McDaniel, Mattox, McWhorter, Meldrim, Moseley, Neal, Parks. Payne, Price, Reid. Smith of the 5th, Smith of the 15th, Smith of the 23d, Storey, Suddath, Treadwell, Westbrook, Wilson, Winn, Woodward, MR. PRESIDENT. The Journal was read and approved. Mr. Price, having given notice on yesterday that he should move a reconsideration to-day of so much of the General Appropriation Bill as relates to the appropriation to pay a balance due the Public Printer, declined to urge the motion. Mr. Parks moved a reconsideration of so much of the General Appropriation Bill as relates to the sum appropriated for the State Lunatic Asylum. The President rJled that no part of the bill could be reconsidered, but the reconsideration would embrace the entire bill. Mr: Parks amended his motion in conformity with the said ruling. The motion to reconsider was submitted to the Senate and prevailed. The bill was taken up. 268 JOURNAL OF THE SENATE, Mr. Parks offered to amend paragraph 3, of the fourth section, as follows, to-wit : By striking out the words, '' sixty-eight thousand, five hundred and thirty-one dollars and sixty~four cents" and inserting in lieu thereof the words, '' eighty-three thousand, five hundred and thirty-one dollars and sixty-four cents." Also, by striking out the words, " one hundred and ten thousand dollars," and inserting, in lieu thereof, the words, "one hundred and twenty-five thousand dollars." The amendment was agreed to. The tenth section was amended, on motion of Mr. Westbrook, by adding the following after the word " dollars," where the ~arne occurs therein, to-wit: ''Also, such amount as may be necessary to pay principal of four per cent. bonds of this State, issued under an act approved December 14th, 1874, which the Treasurer, with the approv<>l of the Governor, is hereby authorized to pay off and retire whenever the condition of the treasury will justify such payment." The report, as am~nded, was agreed to. The bill, as amended, was read, and on the question of its ' assage, as amended the ayes and nays were recorded. Those who voted in the affirmative are, to-wit-Messrs Baker, Barksdale, Brown, Bond, Butt, Byrd, Carter, Curtis, Daniel, Denmark, Duggar, FGoorumcah~e , Guerry, Harris, Harrell, Hawes, Hicks, Jordan, .Johnson, King, J\IcDanicl. Mattox, McWhorter, Meldrim, Moseley, Neal, Park~, Ayes, 41; nays, o. Payne, Price, Reid, Smith of the 5th, Smith of the 15th, Smith of the 23d, Suddath, Treadwell, Westbrook, Wilson, Winn, \Vocdward, MR. PRESIDENT. ' DECEMBER 3, 1880. So the reconsidered bill, as amended, was passed by a constitutional majority, and was, on motion, ordered to be transmitted to the House of Representatives. The following message was received from the House of Representatives, through Mr. Hardin, the clerk thereof: Mr. President : The House of Representatives has agreed to the following resolution, to-wit: A resolution providing that the Finance Committees of the House and Senate investigate and report to this General Assembly in July, certain facts relating to the building of a new capitol for the State of Georgia. The House has also agreed to a resolution appointing a joint committee to examine and report upon a hand book of forms, prepared by Silman & Howard, and has appointed as the committee on the part of the House, Messrs. Estes, Barrow and Hillyer.. Mr. McWhorter, 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 of the Senate and Secretary thereof, the following Senate resolution, towit: A resolution in regard to the publication of the public acts of the present session, etc. Respectfully, R. L. McWHORTER, Chairman. The following reports were made by Standing Com mit: tees on bills submitted to their consideration, respectively, to-wit: By Mr. Butt, chairman of the Committee on Int~rnal Improvements and Railroads. 270 JoURNAL OF THE SENATE, By Mr. McDaniel, chairman of the Committee on the Judiciary. By Mr. Winn, chairman of the Committee on Corporations, and By Mr. Meldrim, chairman of the Committee on Military Affairs. The following message was received from his Excellency the Governor, through Mr. Warren, l1is Secretary. Mr. President: I am directed by his Excellency the Governor to deliver to the Senate a communication in writing, with an accompanying document. Mr. Payne, chairman of the Committee on Privileges and Elections, submit:ed the following report of the majority and minority committee, in relation to the contested election between W m. R. Gignilliatt, contestant, vs. R. B. Harris, respondent, to-wit: To THE SENATE: Mr. President: The Committee on Privileges and Elections have had under consideration the contested seat in the Second Senatorial District, Wm. R. Gignilliat, contestant, and Raymond B. Harris, respondent. We submit the following report, anc1 recommend that Raymond B. Harris should retain his seat: After a careful examination of the testimony, and a laborious investigation as to the law and the facts, we rt>port in favor of Raymond B. Harris, the present incumbent. It appears from the returns that the vote in Mcintosh county stood: Harris, 622; Gignilliat, 251 ; Williams (colored), 32; giving to Harris a majority of 339 in this county, and this is the only county in the district that makes any contest. Mcintosh county has two precincts, DECEMBER 3. 1880. 27 Darien an~~ South Newport. The contestant sets forth a number of grounds of contest : Ist. Illegal voters-forty-three in number-for non-payment of taxes, Introduced proof as to twenty-five for non-payment of taxes. Of these, proved eleven. 2d. Introduced testimony a<:. t" four (4) persons not residing in the county six months. Proved two. 3d. Introduced testimony as to two persons not residing in the State twelve (I 2) months. Proof insufficient. 4th. Introduced testi'l'ony as to eight (8) minors. Proved one. These are all the voter"- that we find illegal under the allegations, from the proof adduced by both parties. The next ground sets forth that one vote, which was cast at the Darien precinct for William R. Gignilliat, was not counted for William R. Gignilliat, senior. The only testimony introduced by contestant on this ground, was that of the son of Mr. Gignilliat, who testified that there were two Wm. R. Gignilliats in the county ; that the tickets were printed \Vm. R. Gignilliat, senior. The ballotbox was opened and the ballot was accessible ; the voter could have been reached and the ballot identified. No testimony was introduced to show for whom the voter intended to cast his ballot. The ballot wou~d have been allowed had the intention of the voter been shown. The next ground of the contestant is, thq,t certain persons were intimidated and prevented fmm voting by adherents of Dr. Harris. The tesimony does not show that any of these parties, so alleged, ever offered to vote. There was a general fight, in which Gignilli~t negroes and Harris negroes were engaged, but it did not prevent any man's voting, as it was principally at a distance from the polls, and occurred after I I o'clock, and before 2 o'clock, p. m., after which everything was quiet. One of the men, who was wounded-Pompey Dunham by name-was shot by Hamilton Jackson, both of them Gignilliat negroes. 272 JOURNAL OF THE SENATE, The next ground of contest alleges that William T. Thorpe, who presided as a J u!'tice of the Peace at the South Newport precinct, wa'> not at the time a Justice of the Peace, and so was incompetent to preside at the election, rendering it voiu The testimony shows that he was properly commissioned ; that while he worked for some time out of his district, in the same county, his family resided in his district, and he visited them from time to tiine. The evidence, also, shows that he had been exercising the duties of his office from January or February until the day of election; that he claimed his office ; that no successor had been elected ; that he discharged his duty as manager of the election at South Newport precinct, on the day of election, with the full knnwledge of all parties, and that no objection was made by anybody. There is the testimony of Mr. Clifton, one of the attorneys for the contestant, that Thorpe was a census enumerator, but the commission that is issued to enumerators was not put in evidence ; in our opinion, if he was a census enumerator, his office as Justice of the Peace was not vacated ; but, granting that he was not an officer de jure, he was certainly an officer de facto, and competent to be one of the managers of the election. We do not think that a whole precinct should be thrown out, and a large number of voters disfranchised, when the officer who presided was generally recognized as a Justice of the Peace, and acted in the capacity on the day of the election without objection. The contestant offered several amend'T'ents during the progress of the case, before the magistrate ; these amendments were additional names of illegal voters, and were offered without giving (5) five days' notice as required by law. These names were added on th 3d and 5th of November, most of them on the 5th, the last day of the hirty days allowed by law, to either party, to introduce tes- DEcDIBER 3, 188o. 273 timony. We do not think these names, added by amend. ment, should be considered; but, even if allowed, they are not sufficien~ to counter balance the illegal votes, estab lished by the respondent, as having been cast for the con testant. After a careful review of all the facts, we find: . Contestant proves- Of votes on original notice as illegal . I4 Added by amendment . . . . . . I7 But not making a total of 3 I illegal votes. Respondent shows by evidence- Illegal votes, for non-payment of taxes . . 22 Illegal votes for not being naturalized . . IO Illegal votes for non residence, 6 months . 3 Illegal votes for minors . . . . . S Making a total of . . . . . . . 40 In addition, for non-payment of taxes, where the testi- mony makes it doubtful . . ....... 3 Taking the case as made out legally, and there are only 14 votes established by contestant, while respondent shows 40 illegal votes cast tor Gignilliat. From the foregoing facts, it is the opinion of your com mittee that there can be no doubt that Raymond B. Harris was legally elected, and is entitled to the seat which he now holds. (Signed) B. F. PAYNE, Chat'nnan. W. R. GORMAN, S. H. MOSELEY, R. L. McWHORTER, JoHNS. REm. MINORITY REPORT. Mr Preszdent: Your committee have had under consid eration the contested election case of William R. Gignilliat, I8 274 JouRNAL oF THE SENATE, senior, against R. B. Harris, from the Second Senatorial district, and we respectfully submit the following minority report: First. We find that the following illegal votes were cast for R. B. Harris at the Darien and South Newport precincts, on the 6th of October, 1880, to-wit: By non-payment of taxes- No. 1. Sigh Andrews. " 2. William Burt. " 3- David Brown. " 4 Fielding Bennett. " 5 George H. Cuthbert. " 6. Jack Campbell. " 7 Amos Chisholm. " 8. E. L. Cannon. " 9 Sam Crockett. ." 10. Sewell Dorsey. II. Mitchell Dunn, alias Demfoe. " 12. Cyrus Floyd. " I 3 Crockett Fowler. " 14 Lewis Fowler. " 15. John Gadsden. " I6. William J. Gignilliat. " I7. Gilbert Gignilliatt. '' 18. Glasgow Grosvenor. " 19. Shed Grant. " 20. Charles Garry. " 21.. Wm. Gibson. " 22. Solomon Grace. " 23. Morris Grant. ' 24. W m. Green. " 25. H. Harris. '' 26. Sam Hix, altas Hixon. " 27. George Jackson. '' 28. J. R. King, Jr. DECEMBER 3, 1880. No. 29. Saunders McDonald. " 30. Lewis Maxwell. '' 31. Jos. Mongin. '' 32. Dorsey Quarterman. '' 33 Alfr~d Quarterman. '' 34 Pierce Richardson. " 35 John Rillihan (white). " 36. Jim Ryals., " 37 Shed R0ss. '' 38. Ephraim Smith. '' 39 Bo"ton Smith. " 40. Sisnow Williams. " 41. Troup Way. " 42. Cyrus Felder. " 4. Henry Gibson. For not having resided in the county six months beforethe election, towit- No. I. W. W. Ferguson (white). " 2. Thomas F. Johnson. '' 3. Sam Munroe. Not having resided in the State 12 months- No. 1. Lewis .Banks. " 2. Styles L. Hutchins. Not being twenty-one years old, fith October, r88o- No. 1. Leander Axon. '' 2. Aaron Bailey. " 3 Prince Mark, alias Mock. " 4 Dembo. \Ving. " 5 Billy Waters. " 6. Rufus Young. Second. The following were illegal voters, who voted for Wm. R. Gignilliat, senior, by reason of being aliens and not naturalized : JoURNAL OF THE SENATE, No. 1. Arthur Bailey. '' 2. Isadore Collast. " 3- John Ingram . ., 4 l\'1. Nathans. 5- James O'Brien. '' 6. E. F. Bougham. The following we ~:nd, who voted for Wm. R. Gignilliat, senior, to be illegal voters by reason of non-payment of taxes: No. 1. Miles Scott. H 2. R. W. Crowell. '' 3- Reuben G;dins. The following illeg;d votes were cast for Wm. R. Gignilliatt, by reason of minority at the time of election : No. 1. Scipio Jackson. " 2. Joe Brown. " 3- Harry Fulton (doubtful). By reason of non-residents voting for W. R. Gignilliat, senior: No. 1. W. H. Sallett. Making a sum tot:1l of fifty-four illegal votes cast for R. B. Harris at the two precincts of Darien and South Newport, in Mcintosh county; and the sum total of fourteen illegal votes cast for Wm. R. Gignilliat, senior, at the said Darien and South Newport precincts, in said Mcintosh county. Third. We further find, that one vote, at the Darien precinct, was cast for W m. R. Gignilliat, senior, for Senator, which was not counted, by the managers of the election, for contestant, because of the omission of the letters '' Sr." after the name, should have been counted for contestant. We find, further, that by reason of threats, intimidation, fraud and violence, the following named persons were pre- DECEMBER 3, I 880. vented from voting for Wm. R. Gignilliat, senior, for Senator, at said election : No. 1. Bill Prim. " 2. Edmond Carter. " 3. Abraham McCloe. '' 4 Bill Wright. " 5 Frank ~Clayton. " 6. Hannibal Dunnell. " 7 Noah Eanon. Fourth. We further find that Wm. T. Tharpe, who acted as Justice of the Peace at said election, on the 6th of Oc tober, was not a lawful Justice of the Peace, nor qualified to hold said election, he having presided)t South Newport precinct, in said Mcintosh county. And we further find that Wm. R. Gignilliat, senior, received the most of the legal votes cast at said election. We are, therefore, of the opinion that Wm. R. Gignilliat, senior, received the highest number of votes legally cast for Senator at the election for Senator of the Second Senatorial District, and is entitled to the seat now held and occupied by R. B. Harris. We, therefore, submit for the consideration of the Senate the following resolution : Resolved, That at an election held on the 6th of October 1880, for Senator of the Second Senatorial District, Wm. R. Gignilliat, senior, received the highest number of legal votes, legally polled, for Senator, and is entitled to the seat now held by R. B. Harris. Respectfully, W. H. DANIEL, W. B. Burr. On motion of Mr. Winn the rules were suspended, when the Senate took up the report of the Committee of the Whole on the bill of the House of Representa- jOURNAL OF THE SENATE, tives, '' to amend the charter of Jonesboro as to the time .of electing municipal officers." The report was agreed to. The bill was read the third time and passed by a constitctional majority, there being ayes, 35 ; nays, o. On motion of Mr. 'Winn, the bill was ordered to be transmitted at once to the House of Representatives. Mr. vVinn submitted satisfactory evidence that due legal notice of intention to apply for the passage of said last mentioned bill had been given. Mr. McvVhorter, ch1irman 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 Buena Vista Railroad Company, and for other purposes therein named ; also, An act to establish a. Board of Commissioners of Roads and Revenues for Fulton county ; also, An act to amend the charter of the city of Griffin, etc. ; also, An act to authorize the Ordinary of Clarke county to issue bonds to substitute or exchange for county bonds of said co~nty now outstanding, or with which, if necessary, to raise money to pay off said outstanding bonds. R. L. MeWHORTER, Chairman. Mr. Wilson offered the following privileged resolution, which was read and agreed to, to-wit: Resolved, That Mr. Woodward, Senator from the Fourteenth District, be added to the Cdmmittee on Internal Improvements. DEcEMBER 3, 188o. 279 The following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof : Mr. President: The House of Representatives has passed the following bill, to-wit: A bill to be entitled an act to amend an act entitled an act to provide for the creation of Boards of Commission ers of Roads and Revenues in the counties of Cobb, Dooly, Henry, and Telfair, in this State, and for other purposes. The following message was received from his Excellency the Governor, through Mr. Avery, his Secretary: Mr. President: I am directed by his Excellency the Governor to deliver to the Senate a sealed communication, which he respectfully invites your honorable body to consider in executive session. The Senate, on motion. went into Executive session, and having spent so1re time therein, returned to open session. On motion of ~1r. Fouche, the rules were suspended for the purpose of taking up the General Tax Act. On motion of Mr. Fouche the Senate took up as the report of the Committee of the Whole, the bill of the House of Representatives to levy and collect a tax for the support of the State government and the public institutions; to pay the interest and maturing principal of the public debt, and for educational and other purposes herein men tioned, for each of the fiscal years eighteen hundred and eighty-one and eighteen hundred and eighty-two, the same being considered by sections. Section 1 was adopted without amendment. On the recommendation of the Finance Committee, section 2 was amended by striking out, from the 3d paragraph thereof, the words ''as a vocation." 280 JouRNAL oF THE SENATE, The Committee on Finance recommended that the 16th paragraph of said second section be amended by striking out the words ''one hundred dollars," in the second line thereof, and inserting in lieu thereof the words '' twentyfive dollars." Mr. Price moved to amend the proposed amendment of the Finance Committee by substituting ''fifty dollars" for '' twenty-five dollars." Mr. Winn required a division of the question. The motion to strike out was submitted to the Senate and prevailed. On the question of filling the blank with fifty dollars, Mr. Baker demanded that the ayes and nays be recorded. Those who voted in the affirmative are, to-wit-Messrs. Barksdale, Bond, Bvrd, Curtis, Denmark, Gormm:, Guerry, Johnson, King, Mattox, Neal, Parks, Price. Smith of the 5th, Suddath. Those who voted in the negative are, to-wit-Messrs. Baker, Brown, Butt, Carter, Daniel, Duggar, Fou be, Harris, Harrell, Hawes Hicks,' Jordan, McDaniel, .Me Whorter, Meldrim, Moseley, Payne, Reid, Smith of the 15th, Treadwell, Westbrook, Wilson, Winn, Woodward, MR. PRESIDENT. Ayes, 15; nays, 25. So the motion to fill the blank with '' fifty dollars.. did not prevail. The blank was then filled with the words " twenty-five dollars." Mr. Price proposed to amend the 16th .paragraph of the 2d section further, by adding thereto the following proviso,. at its conclusion: ''Provided, further, That the authorities of no county shall exceed the amount assessed by the State for retail DEcEMBER 3. r88o. 281 liquor license, except where the same has been authorized by special local laws." This amendment was not agreed to. The 17th paragraph of section 2 was, on recommendation of the Finance Committee stricken out,' and the following substituted therefor : ''Upon every person acting as the agent (other than general agents) of sewing machine companies, home or foreign, or of wholeslie dealers in sewing machines, ten dollars in each county where said person may deal as an agent of such sewing machine company, or as the agent of any general agent of snch sewing machine company, or as the agent of any wholesale dealer in sewing machines, for the purpo~e of selling single machines to consumers, and not for the purpose of selling to other dealers exclusively ; and before such agent shall be authorized to sell sewing machines as an agent of such sewing machine companies, or as the agent of the general agent of such wholesale dealers as herein defined, he shall make record of the fact of his being such an agent with the Ordinary of the county in which he is operating, and upon failure to do so, shall be liable to indictment, and on conviction shall be fined in the sum of not less than fifty nor more than one hundred dollars, at the discretion of the Court trying the same." The 2d section was adopted as amended. The 3d section was adopted without amendment. The 4th section was adopted without amendment. The 5th section was adopted without amendment. The 6th section was adopted without amendment. The 7th section was adopted without amendment. The 8th section was adopted without amendment. The 9th section was stricken out, and the following adopted as a substitute therefor, to-wit : ' That each sewing mn,chine company, home or foreign, 282 }OURJ'.AL OF THE SENATE, selling or dealing in sewing machines of home or foreign manufacture, by itself or its agents, in this State, and all wholesale dealers in sewing machines, selling sewing machines of home or foreign manufacture to other wholesale dealers or to retail dealers, shail pay the sum of two hundred dollars for each year or fractional part thereof, to the Comptroller General at the time of commencement of business for each year or fractional part thereof; and all sewing machines belonging to such companies, dealers, or their agents, in possession of such companies; their agents, or others, shall be liable to seizure and sale for the payment of such tax. This tax shall be for the whole State, and such companies and wholesale dealers shall not be subject to any county or license tax by the counties. In cases where v,:holesale dealers sell sewing machines manufactured by different companies, such dealers shall pay the tax above provided for separately for each company whose manufacture of machines may be sold by such dealers." The 9th section was adopted as amended. The 10th section was amended on recommendation of the Finance Committee, by striking out the following words: '' Provided, That nothing in this section contained shall be construed to relieve such Banks, or banking associations, from the tax on property owned by them, as provided for in section 7 of this act." The 10th section was adopted as amended. The I Ith section was amended, on recommendation of the Finance Committee by striking out the word " on" at the end of the I Ith line and inserting the word "or" m lieu thereof. Section I Ith was adopted as amended. Section Izth was adopted wrthout amendment. Section I 3th was amended, on recommendation of the DECEMBER 3, 1880. Finance Committee, by striking out the word '' or" in the 13th line and inserting after the word "cash," in said line, the words " notes, accounts and taxable bonds and." Mr. Westbrook proposed to amend by the following, to be d'O'signated as section 15, the original section of this number being changed to section 16, to-wit: "That all bonds issued by this State, except such as may be non-taxable by the express terms of the act authorizing the issue of such bonds, shall be returned for taxation for State, county and municipal purpose~ as other personal property in this State is required to be returned; provided, that bonds held by trustees or guardians, which are now by law non-taxable, shall not be returned for taxation. The same 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 required to be recorded. Those who voted in the affirmative are, to-wit-Messrs. Baker, Barksdale, Brown, Bond, Butt, Byrd. Carter. Curtis, DanieL Denmark. Duggar, Fouche, Gorman, Guerry, Harris, Harrell Ha\ves,' Hicks, Jordan, .Jchnson, King:, McDaniel, :'olcWhorter, :'oleldrim, Moseley, Neal, Parks, l::lmith of the 5th, Smith of the 15th, t:imith of the 23d, Suddath, Treadwell, Westbrook. Winn, Woodward. MR. PRESIDENT. Ayes, 36. Nays, o.. So the bill, as amended, was passed by a constitutional majority, and was ordered to be transmitted at once to the House of Representatives. The Senate, on motion, adjourned until 3 o'clock, p.m. JouRNAL OF THE. SENATE, SENATE CHAWBER, 3 o'cLOcK, P. M. The Senate met pursuant to adjournment, the President in the chair. Mr. Fouche made a report as chairman ofthe Committee on Finance. Mr. Meldrim offered a resolution to provide for an examination of a proposed new edition of the Code and for a report thereon to the adjourned session of the General Assembly. The same was amended, on motion of Mr. Fouche, by inserting the words, ''That a Code of Georgia, prepared by Christopher Rowell, be also submitted to the Attorney General upon like terms of the Code of Messrs. Lester & Hill." The rc>solution, as amended, was agreed to, and on motion, ordered to be transmitted to the House at once. The following bills of the House, reported adversely upon in the Senate, were taken up for a second reading ; the adverse reports thereon were agreed to and the bills lost, to-wit : A bill to give authority to the Comptroller General to extend the time for the final settlement of Tax Collectors. A bill to amend an act regulating the manner of letting out contracts for the building and repairs of public buildings, etc., and A bill to amend section 3949 of the Code of I 873. The following message was received from the House of Representatives through Mr. Hardin, the clerk thereof: Mr. Ptesz'dettt: The House of Representatives has passed the following bills, to wit : A bill to be entitled an act to repeal an act to create and organize a County Court for the county of Habersham, and for other purposes. DECEMBER 3, 1880. zss Also, a resolution authorizing and requesting the Governor not to issue the bonds which he is directed to issue for the redemption of the bonds issued under the act of February 27th, 1856, and which he is directed to issue by the appropriation act passed at the present session of this General Assembly. Mr. McWhorter, chairman of the Committee on Enrollment, submitted the following report: 1.l1r. Ptesident: 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 change the charter of Jonesboro with reference to the time of holding elections for municipal officers. Respectfully submitted. R. L. MdVHORTER, Cltairman. Mr. Winn, chairman of the Committee on Corporations, made a report, which was read. Leave of absence was granted the Judiciary Committee, on motion of Mr. McDaniel, for a half hour. The following House bills were read the second time and passed to a third reading, to-wit : A bill to organize a County Court for Muscogee county, etc. A bill to repeal an act to confer additional powers upon the Tax Collectors of the several counties of the State, and to make said Tax Collectors ex-o.fficio Sheriffs in certain cases, and for other purposes. A bill to incorporate the Commercial Bank of Savannah. A bill to amend section 4161 of the Code of 1873, etc. A bill to change the time of holding the Superior Courts for the county of Washington. 286 JouRNAL OF THESENATE, A bill to amend the charter of the city of Mdcon. A bill to incorporate Etowah City in the county of Floyd, etc. A bill to alter and amend the several acts incorporating the town of Cochran, in Pulaski county. A bill to establish a City Court in the county of Hall, and to provide for the appointment of a Judge and Solicitor thereof. A bill to incorporate the Citizens' Bank of Augusta, Georgia. A bill to amend the charter of the town of Camilla, etc. A. bill to provide for the trial of cases in County Courts when the Judge is for any reason disqualified. A bill to extend the corporate limits of the town of Waynesboro, Burke county, Georgia, and for other purposes. A bill to authorize the Governor to furnish arms and accoutrements to the cadets or students of branches of the State University now established, or that may be hereafter established. A bill to amend section 4066 of the Code of 1873, allowing plaintiffs to traverse the truth of the answer or answers, in cases of certiorari. A bill to amend an act authorizing the City Council of Augusta to create a Board of Health for said city, etc. A bill to repeal an act, approved February 17, 1877, to reduce the compensation of County Treasurer of Greene County. A bill to provide for service of summons in suits in the Justices' Courts of this State, against co-obligors, joint con~ tractors, endorsers of promissory notes, etc. A bill to permit the City Court of Atlanta to try civil cases with the consent of the parties, during the March and September terms of said Court, in each year. A bill to transfer the county of Stewart from the Chattahoochee to the Southwestern Circuit. DEcEMBER 3, t88o. A bill to incorporate the Rome and Chattanooga Railroad Company, etc. A bill to change the time for holding the Superior Courts for the county of Schley, and for other purposes. A bill to change the time for holding the Spring term of the Superior Court of the county of .Mitchell. A bill to amend an act to incorporate the town of Hawkinsville, Pulaski county. A bill to repeal an act to incorporate the town of Tallapoosa, in Haralson county, and to adopt a new charter therefor. A bill to repeal an act approved February 27, 1877, consolidating the offices of Sheriff and Tax Receiver of Greene county, and A bill to repeal an act providing for payment of certain insolvent costs in the Augusta ] udicial Circuit, approved February 15, 1873, as it applies to the county of Richmond, approved August 26, 1879. The following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof: Mr. Prest"dent: The House of Representatives has agreed to the following joint resolution, in which they ask the concurrence of the Senate, to-wit: A resolution authorizing the sale of the metal letter boxes, belonging to the State, and now remaining in the old Post Office room in the Capitol building. The following House resolutions were taken up, severally, and concurred in, to-wit: A resolution providing that the Finance Committee of the two Houses investigate and report upon the subject of building a new Capitol. A resolution appointing a joint committee to examine the '' Hand Book of Forms" prepared by Silman and Thompson. 288 JouRNAL oF THE SENATE, A resolution in relation to the issue of bonds, and A resolution to authorize the sale of the old Post Office fixtures. The bill to amend the charter of Newnan was read the second time and recommitted to the Committee on Corporations. On motion of Mr. McWhorter, the contested election case of R. B. Harris and Wm. R. Gignilliat was made the special order for to-morrow, immediately after reading of the Journal. On motion of Mr. Baggs, the bill of the Senate to amend the act to render more economical, etc., the inspection and analysis of fertilizers, etc., was taken up and re committed to the Committee on the Judiciary. Under a suspension of the rules, Mr. Bond introduced a bill to repeal an act entitled an act to repeal section 4324 of the Code of 1873, to prescribe the punishment of persons convicted of murder, and for other purposes. The same 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 incorporate the Atlanta and Alabama Railroad Company ; to authorize it to construct, equip and operate a railroad from Atlanta, in the State of Georgia, to some point on the line of the State of Alabama, in the direction of the Alabama coal fields. The report was agreed to. The bill was read the the third time and passed by a constitutional majority, there being ayes, 27; nays, o. The following bills of the House were read the second time and passed to a third reading, to-wit: A bill to relieve C. D. Leonard, J. N. Leonard and E. A. Leonard as sureties of J. A. Cameron from liability on bond, and DEcEMBER 3, 188o. A bill to repeal an act entitled an act to consolidate the "Office of Clerk of the Superior Court and Treasurer in the county of Douglas, approved February 4th, 1875, and amended and approved February 26th, 1877, and for other purposes. Mr. Park, chairman of the Committee on the State Library, to whom were referred a resolution requiring the State Librarian to furnish certain books to the Ordinaries of Cherokee and Clinch counties, reported the same back to the Senate without recommendation, and the resolutions were withdrawn by Messrs. Payne and Smith of the Fifth District, by whom they were respectively introduced. Mr. Winn, chairman of the Committee on Corporations, made a report, which was read. Mr. Payne, chairman of the Committee on Privileges and Elections, made a report, which was read. The hill of the Senate, to amend the tax laws of Georgia by changing the time of liability to taxation from the first day of April to the first day of January, was, on motion of ~1r. Duggar, recommitted to the Committee on Finance. Leave of absence was granted the Hon. A. T. Hackett on account of sickness. Mr. Price, by unanimous consent of the Senate, withdrew a resolution for relief of V. A. Gaskell. The bill of the Senate, to amend section 1286 of the Revised Code of 1873, entitled "Elections-How and when held," was taken up on a second reading, under adverse report of the Committee on Privileges and Elections. The adverse report was agreed to, and the bill was therefore lost. The message of his Excellency the Governor, in relation to the surrender of the charter of the Bank of Athens to 19 JouRNAL OF THE SENATE, the State, was read and referred to the Committee on Banks, The Senate took up as the report of the Committee of the Whole, the bill of the Senate to regulate and restrict the rate of interest ,in this State, and for other purposes. The Judiciary Committee reported in favor of its passage by substitute. The same was adopted. The report, as amended, was agreed to. The bill was read the third time and passed by a consti- tutional majority, there being yeas, 32; nays, o. The Senate, on motion of Mr. Woodward, adjourned until 9:30 o'clock, a. m. SENATE CHAMBER, ATLANTA, GA., } Saturday, Decembn 4, I88o,.Io o'clock, a. m. The Senate met pursuant to adjournment, the President in the chair. Prayer by the Rev. Mr. Henry, Representative from the ~ounty of Franklin. On the call of the roll, the following Senators answered to their names, to-wit: Baggs, Baker, Barksdale, Brown, Bond, Butt, Byrd, Carter, Curtis, Daniel, Denmark, Duggar, Fouche, Gorman, Guerry, Harns Harreli, Hawes, Hicks, Johnson, King, McDaniel, :Mattox, McWhorter, Meldrim, Moseley, Neal, Parks, Payne, Price Reid, Smith of the 5th, Smith of the 15th, Smith of the 23d, Suddath. Treadwell, Westbrook, Wilson, Winn, Woodward, MR. PRESIDKNT. The Journal was read and approved. Mr. Meldrim moved to reconsider so much of the Journal of yesterday as relates to the passage of a resolution DECEMBER 4. 1880. authorizing the submission of certain new editions of the Code to the Attorney General for examination, and report thereon to the July session of the present General Assembly. Mr. Hawes moved to indefinitely postpone. This motion did not prevail. The motion to reconsider prevailed. A resolution to provide for an examination of a proposed new edition of the Code, and for a report thereon to the adjourned session of the General Assembly. WHEREAS, M?ny and great changes have been made in the existing Code by the Constitution of I8J7, and the Legislature since 1873; and, wltereas, the supply of the edition of the Code of I 874 belonging to the State is exhausted ; and, whereas, George N. Lester and Walter B. Hill have prepared a new edition of the Code upon a plan which has received the most favorable recommendation of the judiciary of the State; therefore, be it Resolved, by t!te Gmeral Assembly, That said Lester and Hill are hereby authorized to submit their said work to the Attorney General for examination at their expense, and the Attorney General is hereby authorized and directed to report the result of the said examination to the adjourned session of the General Assembly in July. Resolved, further, That a Code of Georgia, prepared by Christopher Rowell, be also submitted to the Attorney General upon the same terms as the Code of Messrs. Lester and Hill. Mr. Meldrim proposed to amend the same, as follows, towit: By adding thereto: "That the Attorney General also report upon the relative rights of the parties offering said editions of the Code." Mr. Fouche moved to lay the proposed amendment oa the table. jOURNAL OF THE SENATE, This motion did not prevail. The amendment was agreed to. The resolution, as amended, was adopted, and on motion of Mr. Meldrim, ordered to be transmitted to the House at once. On motion of :\fr. \Vinn, the special order of the morning was made the special order for the second day of the July sitting of the present General Assembly in 1881, and that one hundred copies, each of the majority and the minority reports thereon be published. fhe following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof: Mr. Preszdent: The House of Representatives has agreed to the following resolution, to-wit: A resolution accepting the surrender of the charter of the Bank of Athens. The following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof: Mr. Preszdmt: The House of Representatives has passed the following resolution, to-wit: A resolution to appoint a joint committee to consider the question of the constitutionality of repealing the convict lease system, the committee on the part of the House are: Messrs. Mays of Richmond, Hunt, DuBignon, Milner and Reese. Also, the House has agreed to the joint resolution requiring the State School Commissioner to report amounts due public school officers and teachers for I 87 I. Leave of absence was granted Mr. Storey on account of sickness. The Senate took up, as the report of the Committee of DECEMBER 4, I 88o. 293 the Whole, the bill of the House to incorporate the Bank of Augusta, Georgia. The Committee on Banks reported in favor of its passage with certain amendments, which were agreed to. The report as amended was agreed to. The bill, as amended, 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-Me!!>srs. Baggs, Baker, Barksuale, Bond, Brown, Butt, Byrd, Carter, Curtis, Daniel, Denmark, Duggar, Fouche, Guerry, Harrell, Hawes, Hicks, Jordan, Johnson, McDaniel, Mattox, Meldrim, Moseley, Neal, Payne, RPid, Smith of the 5th, Smith of the 23d, t:luddath, Westbrook, Wilson, Winn, Woodward, MR. PRESIDENT. Ayes, 34- Nays, o. So the bill was passed by a constitutional majority as amended. Mr. Guerry submitted to the Senate satisfactory evidence of the publication of due legal notice of intention to apply for the passage of the bill. 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 Spring term of the Superior Court of Mitchell county. 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 repeal an act entitled an act to consolidate the office of Clerk of the Superior Court and Treasurer in the county of Douglass, etc., and for other purposes. }OURN~L OF THE SENATE, Satisfactory notice of intention to apply for the passage of this bill was published, and evidence o( the same submitted to the Senate. The Judiciary Committee recommended 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 of ayes, 34; nays, o. The Senate took up as the report of the Committee of the \Vhole, the bill of the House to relieve C. D. Leonard, J. N. Leonard and E. A. Leonard as securities for J. A. Cameron from liability on bond. The report was agreed to. The bill was read the third time and passed by a constitutional 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 repeal an act approved }'ebruary 27, 1877, consolidating the offices of Sheriff and Tax Receiver of Greene county. The report was agreed to. The bill was read the third time and passed by a constitutional majority of 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 incorporate the town of Hawkinsville, in Pulaski county, etc. Satisfactory evidence was submitted to the Senate that due legal 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 by a constitututional majority, ayes, 30; 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 DEcEMBER 4. 188o. an act to repeal 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 Richmond, approved August 26, 1879 The report was agreed to. The bill was read the third time and passed by a constitutional majority of ayes, 30; nays, o. The resolution to accept the surrender of the Athens Bank charter, was read and concurred in. The Senate took up as the report of the Committee of the Whole, the bill of the House to alter and amend the several acts incorporating the town of Cochran, in the county of Pulaski, and to grant certain privileges to the same. Satisfactory evidence that due legal notice of intention to apply for the passage of this bill, was submitted to the Senate. The report was agreed to. The bill was read the third time anci passed by a constitutional majority, there being. ayes, 30 ; nays, o. Mr. Winn, chairman of the Committee on Corporations, made a report, which was read. 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 incorporate the town of Tallapoosa, in the county of Haralson, and to adopt a new charter therefor. Satisfactory evidence was submitted to the Senate that ks its consideration in executive session. The Senate took up, as the report of the Committee of JOURNAL OF THE SENATE, . the Whole, the bill of the House of Representatives to establish a City Court in the county of Hall, and to provide for the appointment of a Judge and Solicitor thereof. Satisfactory evidence was submitted to the Senate that due legal 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 by a constitutional majority of ayes, 28 ; nays, o. The Senate took up the report of the Committee of the Whole, the bill of the House, to provide for the service of summons, in suits in the Justices' Courts of this State, against co-obligors, joint contractors, endorsers of promissory notes, etc. The report was agreed to. The bill was read the third time and passed by a constitutional majority, there being ayes, 38; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill c.f the House of Representatives to amend the charter of the city of Newnan. Mr. Wilson submitted satisfactory evidence that due legal notice had been given of the intention to apply for the passage of the same. The Comn.ittee on Corporations 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 passed, as amended, by a constitutional majority, there being ayes, 3 I ; nays, o. The Senate took up, as the reoort of the Committee of the Whole, the bill of the House of Hepresentatives to amend the charter of the city of Macon. Satisfactory evidence was submitted to the Senate that due legal notice of intention to apply for the passage of this bill, had been given. DECEMB~R 4, 1880. 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. Baggs, the bill of the House, to amend the charter of the town of Camilla, was laid on the table until the July session of the General Assembly. The Senate took up, as the report of the Committee of the Whole, the bill of the House of Representatives to amend section 4161 of the Code of 1873, which provides for the answering of garnishments in Justices' Courts of this State. The Judiciary Committee reported in favor of its passage with the following amendments, to-wit : Amend section 1 by inserting after the word " returnable" in 10th line, the following, and by striking out the words '' 3229 of the Code" and inserting in lieu thereof, the words, '' 3305 of the Code of I 87 3" Amend section 1 further, by striking out the words '' 3229 of this Code," at the end of the section, and inserting in lieu thereof, the words '' 3305 of the Code of 1873" The amendments were adopted. The report as amended 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 transfer the county of Stewart from the Chattahoochee to the Southwestern J udicial Circuit, 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 Senate took up as the report of the Committee of the Whole, bill of the House to permit the City Court of Atlanta to try civil cases, with the consent of the parties, 300 JouRNAL OF THE SENATE, during the March and September terms of said court, in tach year. Satisfactory evidence was laid before the Senate that due 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 constitutional majority of ayes, 36; nays, o. The Senate took tip as the report of the Committee of the Whole, the bill to extend the corporate limits of the town of Waynesboro, Burke county, Georgia, and for other purposes. Satisfactory evidence that due legal notice of intention to apply for the passage of this bill had been given, was laid before the Senate. The report was agreed to. The bill was read the third time and passed by a constitutional majority, ayes, 33; nays, o. 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 of the county of Schley, and for other purposes: The report was agreed to. The bill was read the third time and passed by a constitutional 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 section 4066 of the Code of 1873, allowing plaintiff.<> to traverse the truth of the answer or returns in cases of certiorari. The report was agreed to. The bill was read the third time and passed by 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 repeal an act to confer additional powers upon the Tax Collectors of the sev- DECEMBER 4, I 880. 301 eral counties of the State, and to make said Tax Collectors ex-officio Sheriffs in certain cases, and for other purposes. The report was agreed to. The bill was read the third time and passed by a constitutional majority of ayes, 30 ; nays, o. Mr. McWhorter, chairman of the Committee on Enrollment, submitted the following report, to-wit : Mt. Ptesident: The Committee o:-- 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 Senate resolution, to-wit: A resolution requiring State School Commissioners to report amounts due public school officers and teachers for 1871. R. L. McWHORTER, Charman. The Senate took up, as the report of the Committee of the Whole, the bill of the House of Representatives, to provide for the trial of cases in County Courts when the Judge is, for any reason, disqualified. The report was agreed to. The bill was read the third time and passed by a constitutional majority of 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 'City Council of Augusta to create a Board of Health for said city, approved February 26th, 1877, and amended August 23d, 1879 Satisfactory evidence was submitted to the Senate that due legal notice of intention to apply for the passage of said bill, had been given. The report was agreed to. The bill was read the third time and passed by a constitutional majority, ayes, 33 ; nays, o. 302 JouRNAL OF THE SENATE, The Senate took up, as the report of the Committee of the Whole, the bill of the House to incorporate the Rome and Chjj.ttanooga Railroad Company and to grant certain powers and privileges to the same, and to authorize said company to consolidate its road with any other road incorporated in this State or the State of Tennessee, and for other purposes. Satisfactory evidence that notice had been given of intention to apply for the passage of this bill was submitted to the Senate. The report was agreed to. The bill was read the third time and passed by a constitutional majority, ayes, 34; nays, o. The Senate took up, as the report of the Committee of the Whole, the bill of the House to incorporate Etowah City in the county of Floyd to confer certain powers and privileges upon the Mayor and Council thereof, and for other purposes. Satisfactory evidence was laid before the Senate of due legal notice of intention to apply for passage of this bill. The report was agreed to. The bill was read the third time and passed by a constitutional majority, ayes, 36; nays, o. 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 for the county of Washington. The report was agreed to. The bill was read the third time and passed by a constitutional majority of ayes, 33; nays, o. The Senate, on motion of Mr. Baggs, took up, as the report of the Committee of the Whole, the bill of the House to amend the charter of the town of Camilla. etc. Satisfactory evidence was submitted to the Senate that legal notice of intention to apply for the passage of this bill had been given. DECEMBER 4, Ib8o. 303- The same was amended, on motion of Mr. Baggs, by striking out "three" and inserting "four councilmen." The report, as amended, was agreed to. The bill was read the third time, and passed as amended by a constitutional majority of ayes, 30; nays, o. The Senate, on motion, adjourned until 3 o'clock, p. m. SENATE CHAMBER, 3 o'cLOCK, P. M. The Senate met pursuant to adjournment, the President in the chair. On motion of Mr. Fouche, the House of Representatives was requested to return to the Senate the General Appropriation Bill, for fhe purpose of correcting some minor inaccuracies connected with the process of action on certain amendments thereto. Mr. McDaniel, chairman of the Committee on the Judiciary, made the following report, which was read: Mr. Presz"dent: The Committee on Judiciary have been unable, for want of time, to consider the following bills of the Senate, towit: Numbers 47, 66, 49, 65, 56, 26, 70, I8, 62, 67, 6I, 63, 64, 40, 33, 20, 9 58, I I, 59, 5], 5 I, 50, J3, 69, 6o, ]I, 32, 2I, 8, zs. Also, the following bills of the House of Representatives, to-wit: Numbers I6o, I74, 4, so; and respectfully ask further time for the consideration of said bills, and that the same be returned by the Secretary at the expiration of the recess of the General Assembly. Mr. Curtis offered the following privileged_resolution, which was read and agreed to: Resolved, That all committees of the Senate be required to deposit all bills in their possession with the Secretary 304 JouRNAL OF THE SENATE, of the Senate for safe keeping, until the meeting of the General Assembly in July next. Mr. Payne offered the following resolution, to-wit: Resolved by tlze Senate, That the thanks of the Senate are due and are hereby tendered the Hon. James S. Boyton, President of the Senate; and \V. P. Price, President pro tem.; and Hon. W m. A. Harris, Secretary of the Senate and his assistants, for th'? prompt, efficient and courteous manner in which they have each discharged their respective duties during the portion of the session now about to close. The same was unanimously agreed to. The President announced as the committee on the part of the Senate to consider during the recess and report of the July session, the best mode of increasing accommodations for the colored lunatics, Messrs. Bond and Denmark. Mr. Winn, chairman of the Committee on Corporations, made the following report : Mr. President: The Committee on Corporations beg leave to report that for lack of time, they have been unable to consider House bills Nos. 190 and 367, which are herewith returned to the Secretary, and which the committee ask shall be returned to them upon the reassembling of the General Assembly. Mr. McWhorter offered the following resolution, which was read and agreed to, to-wit: Resolved, That Senators Westbrook, Wilson, Smith of of the Fifth District, Parks, and Secretary Harris and his assistants, remain after adjournment, not later than Tuesday night, for the purpose of bringing up the unfinished business of the Senate. Mr. Parks, chairman of the Committee on the State DECEMBER 4, 1880. Library, offered the following resolution, which was read and unanimously agreed to, to-wit: WHEREAS, the Senate Comndttee on the State Library have made a thorough inspection of that department, and found it well kept and in perfect order ; therefore, be it Resolved, That the Librarian, F. L. Haralson, is entitled to the commendation of the public for his strict attention to the duties of his office and his untiring efforts to serve the public whose business calls them into the Library. The following message was receivetl from the House of Representatives, through Mr. Hardin, the Clerk thereof: Mr. President: The House of Representatives has concurred in the following Senate amendments to House bill to levy a tax for the support of the Government of the State and public institutions, and for other purposes, to-wit: Amendments numbers I, 2, 3, 4, 5, 6 and 7 The House refuses to concur in the following amendment of the Senate to the above named bill, to-wit : Amendment number 8, relative to taxing bonds issued by this State, etc., and requests the Senate to recede from the same. The House has also concurred in the Senate amendments to the following bills of the House, to-wit: A bill to incorporate the Commercial Bank of Savannah; also, A bill to incorporate the Citizens' Bank of Augusta, Georgia. The House has also adopted the substitute of the Senate to the following House bill, to-wit: A bill to repeal an act consolidating the offices of Clerk of the Sup.erior Court and Treasurer in the county of Douglas, approved February 4th, 1875, and acts amendatory thereof. 20 306 JouRNAL OF THE SENATE, On motion of Mr. Fouche, the Senate took up the General Tax Act, and receded from its amendment in which the House refused to concur, to-wit: The adoption of an additional section providing for the taxing of certain bonds, which section was numbered IS. The joint resolution to appoint a joint committee to consider the question of t).qe constitutionality of repealing the convict system was taken up. Mr. Hawes moved that the same be made the special order for the second \Vednesday in July, I 88 r. On this motion Mr. \Vestbrook required the ayes and nays to be recorded. Those who voted in the affirmative are, to-wit-Messrs. Baggs, Byrd, Carter, Curtis, Daniel, Duggar, Gorman, Harris, Hawes, Hackett, Hicks, J olmson, Mattox, ~IcWborter, ~Ielllrim, ~loseley, Neal, Payne, Reid, Smith of the 15th, Smith of the 23d, Suddath, Those who voted in the negative are, to-wit-Messrs. Baker, Brown, Butt, Denmark, Fouche, Guerry, Harrell, Jordan, King, McDaniel, Parks, Price, Smith of the 5th, Treadwell. Westbrook, Winn. Woodward. ~IR. Pn&siD&XT. Ayes, 22. Nays, 18. So the motion prevailed. The Senate, on motion of Mr. Guerry, went into execu- tive session, and after some time being spent therein, returned to open session. The General Appropriation Bill having been returned to the Senate, Mr. Fouche moved that the 'word "insists" be substituted for the word "adheres," as used in the message transmitting the said bill to the House of Representatives. The motion prevailed, and the Secretary directed to transmit the bill to the House, in conformity with the change of phraseology mentioned. DECEMBER 4, 1880. 307 Mr. Fouche, chairman of the Finance Committee, submitted the following: Mr. President: The Finance Committee, for lack of time, have been unable to act on the following bills and resolutions, viz: Senate bill No. 20. Senate bill No. I6. Senate resolution No. 27. Message from the Governor dated November I I, I88o, and ask leave to return the same to the Secretary of the Senate, to be redelivered to said committee at the expiration of the recess. Mr. McWhorter, chairman of the Cm:nmittee on Enrollment, made 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 House bill, to-wit : A bill entitled an act to establish a City Court in the county of Hall, and to provide for the appointment of a Judge and Solicitor thereof. R. L. Mc\VHORTER, Chai'rman. The following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof : Mr. President: The House of Representatives has concurred in the following joint resolution, to-wit : A resolution to provide for an examination of a proposed new edition of the Code, and for a report thereon to the adjourned session of the General Assembly. The House has also concurred in the Senate amendment, "a substitute for the bill to be entitled an act to amend the charter of the city of Newnan." JouRNAL OF THE SENATE, The House insists upon its disagreement to the amendment of the Senate to the bill making appropriations for the Legislative, Judicial and Executive departments of the Government for the years 1881 and 1882, anrl asks for a Committee of Conf.;rence upon said disagreement, to-wit: Amendment number 7, increasing salary of the Keeper of Public Buildings and Grounds. The Senate, on motion, granted the request for a Committee of Conference, and the President appointed as said committee, on the part of the Senate, Messrs. Westbrook, Butt and Meldrim. The following message was received from the House of Representatives through :\Ir. Hardin, the Clerk thereof: Mr. President: The House of Representatives has agreed to the following resolution, to-wit: A resolution appointing a committee of 'three from the House and two from the Senate, to inform the Governor of the action of the General Assembly in relation to adjournment, and has appointed as said committee on the part of the House, Messrs. Sweat, Kimsey and Lester. The House of Representatives has also passed the following Senate bills, to-wit : A bill to be entitled an act to provide a penalty for buying or selling votes, and for other purposes ; also, A bill to be entitled an act to amend the garnishment law of this State ; also, A bill to be entitled an act to alter and amend section 3976 of the Code of 1873; also, A bill to alter and amend section 3972 of the Revised Code of Georgia, relative to the levy and sale of mortgaged personal property. The resolution from the House of Representatives to appoint a joint committee for the purpose of informing his DECEMBER 4, I 880. Excellency, the Governor, that the General Assembly will take a recess from this day until the fi.rst Wednesday in July, 1881, was, on motion of Mr. Price, taken up and concurred in. The President appointed Messrs. Price and Johnson as the committee on the part of the Senate. Mr. McWhorter, 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 bill from the House of Representatives : A bill to repeal an act approved February 17th, 1877, to reduce the compensation of the County Treasurer of Geene County. R. L. McWHoRTER, Clzainnan. Mr. McWhorter, chairman of the Committee on Enrollment, made the following report: 11-fr. President : The Committee on Enrollment, report as duly enrolled and ready for the signatures of the President of the Senate and the Speaker of the House of Representatives, the following Senate bills, to-wit : A bill to alter and amend section 3972 of the Revised Code of Georgia, relating to the levy and sale of mort gaged personal property, and to authorize a more speedy sale thereof; also, A bill to alter and amend section 3976 of the Code of 1873, so that no order from the Judge to pass the order of foreclosure upon personal property shall be necessary to postpone the sale of the mortgaged property; also, A bill to be entitled an act to amend the garnishment laws of this State. 310 JouRNAL OF THE SENATE, A bill to be entitled an act to provide a penalty for buying and selling votes, and for other purposes. The following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof: Mr. President : ~ The House of Representatives has concurred in the Senate amendments to the House bill, entitled: ~ A bill to be entitled an act to amend section 4161 of the Code of 1873, which provides for the answering of garnishments in Justices' Courts of this State. The House has also passed the following Senate bills, to-wit: A bill to provide for judg_ments for plaintiffs in foreclosing liens on personalty ; also, A bill to amend an act entitled an act to amend an act to render more efficient and economical the analysis of feriilizers, etc. Mr. Parks offered the following resolution, which was taken up and agreed to: Resolved, That the thanks of the Senate are cheerfully due and are hereby tendered to President Boynton and Vice-President Price, for the uniform, impartial and able manner in which they have presided over the deliberations of the Senate, and for the many acts of kindness and courtesy extended by them to the members of the Senate. Mr. Parks offered the following resolution, which was read and agreed to: Resolved, That the Senate does hereby tender its sincere thanks to .A. J. Cameron, Esq., the efficient Messenger; and to L. J. Alred, Esq., the accommodating Doorkeeper; and to Mr. E. P. Price, his assistant, for the faithful manner in which they have served the Senate in their respective stations during the present session. Mr. Parks also offered the following resolution, which was taken up and agreed to : DECEMBER 4, 1880. 311 Resolved, That the thanks of the Senate are hereby tendered to the pages Robert Hall, Hugh McConnell and Robert Anglin; and to Jackson McHenry and David Cole for the prompt and satisfactory manner in which they have met the duties of their stations. Mr. Price, from the committee on the part of the Senate to inform his Excellency, the Governor, as to the action of the General Assembly in relation to a reces~, reported the performance of the duty imposed, and that the Governor replied that he had no further official communications to make to the General Assembly during its present sitting. Mr. Hicks offered the following resolution, which was .agreed to, to-wit: Resolved, That the thanks of the Senate are hereby cheerfully tendered to Hon. W. A. Harris, the excellent Secretary of the Senate, and to each of his assistant Secretaries and Clerks, for the very efficient and prompt manner in which they have discharged the responsible duties of their office, and for courtesies shown members of the Senate during the present session. Mr. McWhorter, chairman of the Committee on Enrollment, made 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 Senate bills, to wit : A bill to provide for judgments for plaintiffs in foredosing liens on personality ; also, A bill to amend an act entitled an act to amend an act to render more efficient and economical the analysis of fertilizers. The following message was received from the House of Representatives through Mr. Hardin, the Clerk thereof: 312 }OURNAL OF THE SENATE, Mr. Presidmt : Th<: House of Representatives has amended and concurred in the Senate resolution appointing a committee to examine and report as to the most feasible mode of furnishing suitable accommodations to colored lunatics of the State. The House has also agreed to a resolution requesting the Governor to investigate the title to a certain lot of land in the city of Macon, said to belong to the State of Georgia. The Senat~, on motion, took up the House amendment to the Senate resolution mentioned in the foregoing message, relative to a committee to examine and report as to the most feasible mode of providing accommodations for the colored lunatics of the State, and concurred in the same. The resolution reported in the foregoing message, relative to a request that the Governor investigate the titles of the State to a certain lot of land in the city of Macon, was taken up and concurred in. Mr. Gorman offered the following resolution, which was read and agreed to, tci-wit: Resolved, That the thanks of the Senate are due and hereby tendered to A. S. Clayton, C. H. Williams, P. A. Stovall, M. E. Thornton, F. H. Richardson, and any other reporter of the public press for their impartial and accurate reports of the proceedings of the Senate during the present session. On motion of the President, the President pro tem. in the chair, the Senate took a recess until 8 o'clock p. m., this day. 8 o'cLOCK, P. M. At the expiration of the recess, the President called the Senate to order. DECEMBER 4, r 88o. 313 The following message was received from his Excellency the Governor, through Mr. Avery, his Secretary. Mr. Presz'dent: I am directed by his Excellency the Governor, to deliver to the Senate a sealed communication, and ask respectfully that the Senate consider it in executive session. Mr. Westbrook, chairman of the Conference Committee on the part of the Senate, submitted the following report: Mr. Presz'dent: The joint Committee of Conference, "appointed to take into consideration the difference between the two Houses in reference to the appropriation for public buildings and the pay of the Superintendent thereof, being a part of the General Appropriation Bill, beg leave to report: That they have unanimously agreed to amend section "6 of said Appropriation Bill by striking out ''eight thousand one hundred dollars" and inserting in lieu thereof "eight thousand and three hundred dollars," and by striking out in the same section ''six hundred dollars" and inserting in lieu thereof "eight hundred (8oo) dollars," making the salary of said Superintendent the latter sum. All of which is respectfully submitted. c. H. WESTBROOK, Chaz'xman Senate Commz'ttee. w. H. PATIERSON, Clzaz'rman House Commz'ttee. The report of the Conference Committee was taken up and adopted. The Senate, o~ motion, went into Executive session, and having spent some time therein, returned to open session. On motion of Mr. Byrd, the Secretary was directed to JouRNAL oF THE SENATE. inform the House of Representatives that the Senate has disposed of all the business on the desk of the Secretary, and is now ready to adjourn for the period of the recess, as provided by joint resolution of the General Assembly. The following message was received from the House of Representatives through Mr. Hardin, the Clerk thereof: Mr. President: The House of Representatives has finished up all the work before that body, and is now ready to take a recess until the time provided for in the joint resolution heretofore agreed to. The Senate, on motion of Mr. McWhorter, adjourned until the first Wednesday in July, 1881. INDEX. !lr. Baggs......................................... 3 69 74 138 139 288 299 802 303 Baker............................................3 4 38 64 210 222 226 239 266 Barksdale.............................................................3 4 47 71 139 BonJ ...................................................... 3 4 74 222 251 2S8 Boynton............................................................... 3 4 8 35 56 69 Brown.............................................................. 3 4 209 210 252 Butt.............................3 4 46 53 62 75 89 179 209 211 212 214 216 217 218 220 222 230 231 234 252 269 Byrd .....3 4 41 51 65 73 99 179 202 213 220 221 223 226 239 252 313 Carter................................................. 3 4 69 178 236 Curtis..........................................3 4 99 168 210 223 24.3 303 Daniel. ..........................................................3 4 9 225 260 Denmark................................6 8 11 46 77 82 99 210 212 222 233 Duggar........................................3 4 69 76 202 286 237 Fouche ...........................3 4 7 10 59 76 78 216 233 242 245 251 ~61 266 284 291 303 306 307 Gorman..................................3 4 60 76 80 99 155 213 214 Guerry ......3 4 37 53 57 95 139 202 209 213 217 218 232 237 293 306 Hackett........ 3 4 8 10 41 47 58 77 139 179 209 216 220 223 226 236 Harrell....................................................3 32 38 61 75 Harris..................................................... 3 61 78 Hawes...............................3 38 51 59 168 212 244 291 306 Hicks.............................3 4 79 80 81 154 209 311 Johnson ............................................................... 10 Jordan.........................................................3 4 56 77 139 King......................................................10 69 80 Mattox..................................................... 3 4 8 60 67 73 221 McWhorter....8 4 57 11 12 32 33 36 39 47 58 60 62 65 76 80 81 86 98 221 222 226 228 230 233 287 238 252 260 269 278 285 288 301 304 307 309 311 314 McDaniel...3 4 57 8 10 40 51 54 65 67 68 70 71 73 74 79 81 88 108 117 129 213 217 218 219 222 223 227 233 244 248 262 266 270 303 Melqrim ...................3 5 6 9 33 38 42 45 47 52 59 80 97 117 129 209 266 270 284 290 291 292 Moseley..............................................................3 4 8 61 81 213 Neal. ............................................................... 3 4 71 Parks........... 3 4 7 8 33 42 45 47 52 57 58 63 67 68 179 210 211 225 230 236 24.2 248 267 268 289 304 310 316 INDEX TO SENATE }OL'RNAL. Mr. Payne...........................3 4 9 37 51 61 62 64 77 209 260 270 289 340 Price .......3 4 58 9 50 61 67 154 218 233 262 263 266 267 280 289 311 Reid ............................................................. 3 4 36 37 59 67 236 Smith of the 5th District........................................3 168 209 243 Smith of the 15th District ............................................3 4 99 213 Smith of the 23d District .............................3 4 63 79 179 241 245 Storey ...............................................................3 4 57 61 67 263 Suddath ..........................................................................3 4 60 Treadwell.. ............................................................... 3 4 37 209 Westbrook ......... 3 4 8 11 33 36 42 45 47 52 60 61 76 231 283 306 313 Wilson ...................................................... 3 4 35 68 71 79 98 298 Winn ............. 3 4 41 46 57 58 59 88 128 168 233 237 243 250 251260 270 278 280 285 289 292 295 304 Woodward ................................ 3 4 42 57 73 80 209 210 227 278 ABSENCE-LEAVE OF- T<' .Mr. Fouche .................................................................... 10 Mr. Westbrook ................................................................... 36 Mr. Woodward ..................................................................... 42 Committee on Rules ........................................................... 51 ~I~ssrs. Storey, Woodward and Guerry ................................... 57 Ron. Wm. A. Harris, Secretary, and H H. Cabaniss, Asssistant Secretary............ ... .. ............................... .. .. . . .. .. ... .. ... .. . 57 Committee on Asylum for the Blind....................................... 63 :Messrs. l\Iattox and Price ...................................................... 67 Messrs. Neal, Barksdale and Wilson ...................................... 71 Mr. Parks .......................................................................... 81 11-Ir. Baggs..........................................................................139 Mr. Payne ................ ;.......................................................154 llr. McWhorter...................................................................168 Mr. Carter..........................................................................178 Committee on the Lunatic Asylum......................................... 179 Committee on Deaf and Dumb Asylum................................... 202 Mr. Hawes......................................................................... 211 }lr. Smith of the 5th District.. ...............................................211 Messrs. Jordan, Johnson, Fouche and Reid ............................. 213 Mr. Reid ............................................................................ 226 Robert Hall-a page nf Senate.............................................. 226 llr. Payne ........................................................................226 Members of Finance Committee.............................................242 Members of Judiciary Committee.....................................248 285 Mr. Barksdale ......................................................................266 l\Ir. Hackett ......................................................................289 l\Ir. Storey ........................................................................292 l\lr. Price-Keeper of Gallery..............................................296 INDEX TO SE:-.ATE JOURNAL. 317 ADVERTISING-LEGAL- A biil amendatory of an act fixing rates of, approved October 15th, 1879............................................................................. 23~ CODE-AMEXDMEXTS OF- A bill tq amend section 3972 af the Revised Code ............... 58 67 70 To amend section 2041 of the Code .............................. 64 67 69 To amend section 3976 of the Code of 1878................... 67 70 75 To amend an act amending section 281 of the Code ...... 69 70 215 To amend sections 4161 and 4162 of the Code of 1873............ 71 To amend section 3302 of the Code as to service of Garnishments ......................................................................... 80 To amend section 1286 of the Code (Elections) ................99 289 To amend section 498 of the Code ................................ 139 215 To amend an act amendatory of section 36!16 of the Code ....... 222 To amend section 2390 of the Code ................................... 236 To amend section 1312 of the Code ..................................... 243 To repeal an act rPpetding section 4324 of the Code............... 288 CmDIITTEES- To conduct President of the Senate to the chair....... . 5 To select a Chaplain for the Senate .......................................... . 8 To report permanent Rules for the SPnate................................ .. 8 To inform tbe Governor of the organization of the General As- sembly ..........................................................................8 11 To inquire and to report as to Officers to be Elected this session.... 33 Announcement of Standing Committees ............................ .48 49 50 Committee on Immigration announced ...................................... 60 On Thanksgiving ceremonies ................................................. 73 Of Inquiry as to occupancy of certain rooms in the Capitol. ......... 73 To investigate Lease of W. & A. Hailroad ..........................178 179 On uniform system of Keeping Public Accounts..................210 239 On Privileges and Elections-Addition to ................................... 230 On Hygiene and Sanitation ...................................................... 232 On Internal Improvements-Added to ......................................278 On best mode of Increasing Accommodations for Colored Lunatics, etc............................................ .. ............................... 304 Of Conference on Appropriation bill .......................................... 308 To inform tbe Governor of the WLdiness to adjourn for the recess.309 CONSTITUTION-AMEXDMENTS-OF, ETC.- A bill to amend article 6th of the Constitution................ .. .. .... ... 63 To amend article 5th of the Constitution ........................64 223 To amend article 3d of the Constitution ...........................64 223 318 INDEX TO SENATE JOURNAL. To amend the Constitution of this State............................. 7~ To amend par. 2, sec. 1, art. 5 of the Constitution ............ 80 100 To carry into effect sec. 4, art. 8 of Constitution .........99 231 234 To amerrd art. 8 of the Constitution by Atriking out .........168 223 To amend par. 2 and 3, sec. 3d and par. 1 of sec. 12, and par. 1 of sec. 14 of art 6....................................................202 To amend the Constitution as to' appointment or election of .Judges and 8olicitors...................................................2~2 To amend par. 1, sec. 9, art. 2 of the Constitution ..................230 To amend the Constitution of the State of Georgia ................ 230 To amend par. 14, ser. 7, art. 3 of the Constitution................ 230 COSTS- A bill to provide for payment of Cost due Sheriffs, Bailiffs and }lagistrate~ .........................................................76 79 80 To regulate payment of Costs in Criminal cases .....................236 COUNTY AND CITY COURTS- A bill to repeal the County Court act of Habersham county...61 67 81 A bill to amend an act Defining the Jurisdiction, etc., of County Courts...........................................................99 214 224 225 CRIJIIES A.J.~D MISDEMEANORSA bill to provide a penalty for Buying and Selling Votes.... 76 100 215 EDUCA.TIONAL LAWS- A bill to amend the Public School Laws .................................... 61 To amend section 16 of the Public School Laws...168 231 234 239 To enlarge the Board of Trmtees of State University...202 231 234 To amend section 23 of an act to Perfect the Public School System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 223 To define more clearly section 20 of the Public School Laws ...223 To Preserve Order in Public Schools, etc..............................243 ELECTIONS- Returns of, submitted to Senate by Secretary of State ........ 31 Returns of, opened and published in joint session........... 33 S4 Announcement of results..........,....................... 34 35 Contest for Senatorship in the 2d District-papers in........... 35 61 65 288 292 Governor informed of hiil Election...................... 86 Reports of Committee on Elections to be made this session- majority and minority...................57 58 . INDEX TO SENATE JouRNAL. Of Hon. C. J. Wellborn as Secretary protem.................... 59 Of a U. S. Senator for unexpired .term of Hon. John B. Gordon, resigned ......................................................77 78 Consolidation of Votes cast for U. S. Senator and election of Hon. Joseph E. Brown announced................................. 83 Of Hon. James Jackson as Cbief Justice of Supreme Court for the unexpired term of Ron. Hiram Warner, resigned.... 84 85 Of Hon. James Jackwn as Chief Justice for full term ....85 86 87 Of Hon. Martin J. Crawford for Associate Justice of Supreme Court to fill the unexpired term of Hon. L. E. Bleckley, resigned ..............................................................88 89 90 Of Hon. A. :M. Spee1 for Associate Justice Supreme Court to fill tile unexpired term of Hon. James Jackson, resigned ... 90 91 92 93 94 95 96 97 101 102 103 104 105 106 107 A bill requiring qualified Voters to vote in tlleir own ~Iilitia Districts, etc ....................................................... 99 215 A hill to amend Election Laws defined in section 1286of Code. 99 Of Hon. W. 0. Fleming as Judge of Albany Circuit. .108 109 110 Of Hon. George Hillyer as Judge of Albany Circuit .... llO 111112 Of Hon. Jas. R. Brown as Judge of Blue Ridge Circuit.... 112113 Of Hon. J. T. Willis as Judge of Cllattahoochee Circuit for full term ...................................... 113 114 115 117 118 119 Of Hon. J. C. Fain as Judge of the Cherokee Circuit...119 120 121 Of Hon. F. M. Longley as Judge of Coweta Circuit to fill the unexpired term of Hon. Hugh Buchanan, resigned ......122 123 Of Ron. Sampson W. Harris as Judge of Coweta Circuit for full term ... :................................................... 123 124 125 Of Hon. W. B. Fleming as Judge of Eastern Circuit ...125 126127 Of lion. Jas. L. Wimberly as Judge of Chattahoochee Circuit to fill the unexpired term of the Hon. M. J. Crawford, resigned ...............................................................127 128 Of Hon. Reuben W. Carswell as Judge of Middle Circuit for unexpired term of Hon. H. V. Johnson, deceased ...130 131 132 Of Hon. E. II. Pottle as Judge of Northern Circuit for full term ................................................................132 133 134 Of Hun. A. C. Pate as Judge of the Oconee Circuit for full term ..................................................................... 134135 Of Hon. Chas. F. Crisp as Judge of the Southwestern Circuit for full term ........................................................136 137 Of Hon. John D. Stewart as Judge of the Flint Circuit to fill the vacancy caused by the resignation of the Hon. A. M. Speer............................................................ 140 141 142 Of Col. Jesse W. Walters as Solicitor General of Albany Circuit.................................................................141 142 320 J IND-EX TO SENATE QURNAL. ' Of Hon. B. H. Hill, Jr., as oolicitor General of the Atlanta Circuit ..............-.............................................. 144145146 Of Mr. Boykin Wright a~ Solicitor General of Augusta Circuit. ...........................................................146147148 .Of Mr. G. F. Gober as Solicitor General of the Blue Ridge Circuit ...................................................... 148 149 150 Of J\Ir. G. B. l\Iabry as Solicitor General of the Brunswick Circuit.. ................................... 150 151 152 153 156 157 158 Of Hon. Thomas W. Grimes as Solicitor of the Chattahoochee Circuit. ............................................... HiS 15!) 160 161 162 Of Mr. James W. Harris as Solicitor General of the Cherokee Circuit............................................................ 162 163164 Of 1\Ir. Harry M. Reid as Solicitor General of the Coweta Circuit ...................................................... 164 165 166 167 Of l\Ir. Walter G. Charlton as Sulicitor General of the Eastern Circuit. .......................................................... 16816!) 170 Of 1\lr. Enmtr:tt ''Vomack as Solicitor General of the Flint Circuit. ........................................................ 170 171 172 Of :Mr. John L. Hardeman as 8olicitor G"eneral of the ::\lacon Circuit.. .................................. 172 17317417;) 176177 178 Of l\Ir. Roger L. Gamble as Solicitor General of the .Middle Circuit ............................................................17!) 180 181 Of l-Ion. George F. Pierce as Solicitor General of the Northern Circuit ............................................. 181 182 183 184 185 Of Col. Robert Whitfield as Solicitor General of Ocnmlgee Circuit .......................... 185 186 187 1,88 18!l 190 191 1\J2 193 Of Col. James W. Uuerry as Solicitor Ueneral of the Pataula Circuit. ......................................................... 1!l3 194 195 Of Col. J. R Wrigl..tt as Solicitor General of the Rome Circuit ................................................. 195 196 1\J7 198 19!l Of l-Ion. Hobt G. .l\Iitchell as Solicitor General of the Southern Circuit ................................................................. 200 201 Of l-Ion. Charles R Hudson a~ Solicitor General of the We~tern Circuit............................................................. 202 203 204 Of Col. Albert G. l\Iitchcll as Solicitor General of the Western Circuit .............................................................. 204 205 Of Col. .Jarne~ W. Harris as Solicitor General of the Cherokee Circuit for the unexpired term of Hon. A. T. Hackett, resigned................................................................. 206 207 Of Hon. George F. Pierce as Solicitor General of the Northern Circuit for the unexpired term of Hon. Seaborn Reese, resigned .................................................................. 207 208 A bili to proyide for Registration of Voters in this State ......... 222 EXECUTIVE SESSIONS ...... 37 63 111 224 229 236 250 279 306 313 INDEX TO SENATE JouRNAL. 321 FEES- A bill to provide Fees of Witnesses in Criminal Cases.....58 80 215 223 Amendatory of act of October 15, 1879, fixing Fees of Solicitors in County Courta, etc.................................................236 FERTILIZEI'tS- A hill amendatory of acts relating to Inspection and Analysis of Fertilizers ..............................................................76 209 Amendatory of acts in relation to Inspection and Analysis of Fertilizers..................................................139 224 234 288 GARNISHMENT LAWS- A bill to amend the Garnishment laws .........................59 67 70 81 To Hepeal an act Exempting Wages of Mechanics and Day Laborers from Garnishment.. ..................................222 233 HOUSE BILLS- A bill to change the time of holding Superior Courts in Harris county.............................................................75 99 116 Regulating Sales of Constables, etc......................75 100 215 224 To establish a Board of Commissioners of Roads and Hevenue for Fulton connty ...........................................228 234 251 To amend section 2385 of the Code ...................................228 To amend the Charter of Griffin so as to establish a City Court therein.........................................................229 234 250 To Incorporate the Buena Vista R. R. Co.......229 234 21 252 21>3 To authorize the Ordinary of Clarke county to Issue Bonds in lieu of outstanding Bonds................................ 229 234 251 Making Appropriations for Support of Government for 1881 and 1882..............................235 245 261 262 263 264 265 266 267 268 269 296 303 306 To Levy and Collect a Tax for Support of Governmt::nt.......... 241 261 266 279 to 283 306 To Provide for Trials in County Courts where the Judge is Disqualified ................................................... 24! 286 301 To amend the Charter of Jonesboro' as to Elections therein.... 241 260 277 278 To relieve 0. D. Leonard and others ........................242 288 294 To incorporate the Atlanta and Alabama Railroad .......... 242 288 To change the time of Spring Term of Superior Court for Mitchell county................................................ 255 287 293 To amend the act Hegulating the letting out nf Contracts to Build and Repair Public Buildings, etc ............., ......255 284 21 322 INDEX TO SENATE JOURNAL. Requiring Ordinaries, etc., to furnish Dockets to Justices and Notaries ...................................................................255 To amend section 4161 of the Code ...........................255 285 299 To amend section 3949 of the Code.................. . ... ... ...255 284 To permit the City Court of Atlanta to try Civil cases, etc ....256 286 299 To change the time of holding Superior Court of Washington county......: ...................................................256 285 302 To amend section 4066 of the Code ...........................256 286 300 To provide for Service of Hummons in certain cases in Justices' Courts ......................................................... 256 286 298 To transfer the county of Stewart to the Southwestern Judicial Circuit ......................................................... 256 286 291 To change the time of holding Superior Court for Schley county..........................................................256 287 300 To repeal an act to organize a County Court for :Muscogee county...........................................................256 285 296 To repeal an act consolidating the offices of Sheriff and Tax Receiver of Greene county .............................. 256 287 294 To repeal an act consolidating certain offices in Douglas county .........................................................256 289 293 To repeal an act in relation to Insolvent Costs in Augusta Circuit ................................................256 287 294 295 301 Allowing Sureties on Official Bonds to Limit their Liabilities..................................................................... 256 257 Authorizing the Comptroller General to Extend the Time of Official Settlement of Tax Collectori!.......................257 284 To amend paragraph 5 of section 2484 of the Code ............... 257 To repeal an act Reducing the Compensation of the Treasurer of Greene county ........................................ 257 286 295 296 To Extend the Corporate Limits of W a.ynesboro' ....... 258 286 300 To amend the Charter ot Camilla........................258 286 299 302 To amend the Charter of Cochran ...........................2-58 286 295 To amend an act Creating a Board of Commissioners for Mitchell county ..........................................................258 To Change and Extend the Corporate Limits of Cedartown .... 258 To amend the Charter of Newnan ............................258 288 298 To amend the Charter of Hawkinsville......................258 287 294 To Incorporate Etowah City, Floyd county ...............258 286 302 Authorizing the City Council of Augusta to Create a. Board of Health for said city...............................................258 286 To create a new Charter for Tallapoosa.................... 258 287 295 To Incorporate the Citizens Bank of Augusta............259 286 293 To Incorporate the Commercial Bank of Savannah.... 859 285 296 INDEX TO SENATE JOURNAL. 323 To Repeal an act to confer additional powers on Tax Collectors............................................................259 285 300 To Incorporate the Rome and Chattanooga Railroad Company.............................................................. 259 287 302 Authorizing the Removal of the Reform Medical College ....... 259 Authorizing the Governor to Furnish Arms to Students at Branches of 8tate University..................................259 286 To Establish a City Court in the county of Hall.... 260 286 297 298 To amend the Charter of Macon and for other purposes. 266 286 298 INAUGURATIONCeremonies in Joint Session .................................................56 57 INTEREST- A bill to B.egulate the Hate of Interest in this State..................... 68 To Regulate and Restrict the Hate of Interest...................168 JOINT SESSIONS- 233 243 244 245 290 To Count and Publish Election Heturns ..................................33 34 To Inaugurate the Governor elect ...........................................56 57 To Consolidate and Declare the Vote for U. 8. Senator.............82 83 To Elect Judges of Supreme and Superior Courts and Solicitors General. ................................................................... 83 to 208 JURY COMMI8810NER8- A bill to prescribe the number of for each county and their terms of service..................................... ........................69 75 To Limit the terms of Jury Cornmissioners...........................236 JU8TICE8' COUHTS A..c"'D JUSTICES OF THE PEACEA bill to Regulate the Time of Holding .................................... 61 To Extend the Jurisdiction of Justices of the Peace ...............222 To Authorize Settlement of Pleas of "guilty" in Magistrate's Courts....................................................................... 236 LAND, WILD-RETURNS OFA bill to Require Heturns of in County where Situate .................. 69 LIQUORS- A bill to Allow the Legal Voters to Regulate Sale of in each Militia District............ .. ... . ... ....... ...... ... ... ... ... ... .. . . ...... ... ... ... ... ... 61 MEMORIALSIn relation to Equalizing Tax on Liquors ....................................202 INDEX TO SENATE JouRNAL. MESSAGEti-EX&VUTIV&- 11 32 37 38 39 63 65 66 71 100 101 116 211 212 216 228 229 230 236 250 260 279 289 297 313 MESSAGEl:) FR0!\1 THE HOUSE- 10 32 36 41 5:3 fi4 116 62 72 82 88 12!! 138 179 211 226 23/i 237 240 249 2fi3 2.')7 258 2fi9 262 263 26\l 271! 284 285 287 292 296 305 307 308 310 311 312 314 MISCELLANEOlJS- A bill to Vhange the Time for Meeting of General Assembly .... 80 100 For the better Protection of Life and Property from the Dangers of Petroleum Oil.. .................................!J!l 224 23/i To Regulate the Sale of Pistols.......... .. .... .. .. . . .. .. .. . ... .. ... 13!! Requiring all Conditional Sales of Personal Property to be Evidenced in Writing.................................................2trk ...... 79 Providing a committee (joint) to inquire and report on the medical laws of Georgia.............................................. 79 Helative toj the Government tax on small productions of Tobacco .....................................................80 81 100 154 Tendering a seat to Hon. Jas. S. Reid of Taliaferro ............... 81 Convening the General AsRemhly in joint session.................. 81 Relating to general education in the South ...................... 99 214 Tendering seats to Hons. Wm. 'Iifton and Andrew Young ... 99 To elect a Judge for Flint Circuit for unexpired term of Hon. A. M. Speer, resigned................................................. 117 On the subject of Education..............................................154 To add Mr. Treadwell to Committee on Lunatic Asylun ........209 On early adjournment.. ..........................209 216 217 218 226 238 Providing for two sessions each day............................... 209 213 To provide certain Supreme Court Reports to Ordinary of Clinch county............................................................ 209 To furnish Reports of t;upreme Court to Ordinary of Cherokee c o u n t y . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209 Instructing Joint Finance Committee to consider the propriety of abolishing office of Tax Receiver..............................209 To add Mr. Hicks ~d Mr. Westbrook to Committee on the Penitentiary.............................................................. 209 To add 1\Ir. Parks to Committee on Lunatic Asylum............ 210 Providing a committee on a uniform system of keeping public accounts .................................................................... 210 328 INDEX TO SENATE JouRNAL. Relating to purchase of Supreme Court Reports of B. Y. Martin .................................................................. 211 Tendering a sea. to Hon. Robert Hester...............................213 Tendering thanks to Dr. Wills, Dr. Spalding and Rev. Mr. H e i d t . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213 Instructing Committee on Agriculture to inquire into the necessity for revision of the road laws ...........................213 Helating to iruprovement of our rivers and harbors .......... 213 242 Tendering seats to Mt>ssrs. }lcUngor and Gallu.her ................ 226 Substitute for the House reHOlution fixing time for adiuurn- ment for the recess .................................... 227 228 231 232 Adding Mr. Westbrook to Committee on Railroads and Internal I m p r o v e m e n t s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 231 Authorizing Hon. C. J. Wellborn o publish the Acts............233 To relieve Col. V. A. Gaskill.. .....................................233 289 Adding Mr. Guerry to the Committee on Internal Improve- m e n t s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 234 Tendering a sea~ to Hon. Phil. Cook ................................ 287 Helating to a uniform system of public accounts ................. 239 Tendering a seat to Hon. A. J. White ..................................239 Tendering a seat to Dr. J. C. Turnipseed ..............................242 Authorizing Committee on Western & Atlantic Railroad to sit during the recess .......................................................242 Providing a special committee to examine and report on best mode of enlarging Lunatic Asylum, etc., to sit during the recess...................................................................251 312 Adding Mr. Woodward to Committee on Internal Improvem e n t s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278 Providing for examination of a new revision of Code...284 290 291 Hequesting the several committees : o deposit with the Secretary the bills in their possession ...............................303 304 Of thanks to Hon. Jas. S. Boynton, Hon. W. P. Price, Hon. Wm. A. Harris and his assistants................................. 304 In relation to bringing up the unfinished business...................304 Relative to the condition of the State Library and complimentary to the State Librarian......................................304 305 Of thanks to the President and President pro tem..................310 Of thanks to the MessengPr, Door-keeper and Assistant Doork e e p e r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 310 Of thanks to the Pages and others......................................311 Of thanks to the Secretary and his assistants.........................311 of thanks to Heporters of the Press.....................................312 D1recting Secretary to inform the House that the Senate was ready to adjourn for the recess............................. 313 314 J INDEX TO SENATE JOURNAL. HESOLUTIONS-FROM THE HousE- Joint resolution for committee to inform tl:.e Governor of or ganization....... . ................................................... 11 Helative to the opening and publication of election returns in joint sessi~............................................................. 33 Relating to bt"''PP!''lng a State Capitol........................ ............ 59 Helative to occupancy of certain rooms in Capitol by Commis- sioner of Agriculture................................................... 62 Joint resolution in regard to keeping Thanksgiving Day......... 73 Joint resolution in regard to occupancy of certain rooms in Capitol..................................................................... 73 Helating to Census l{eport of population in each county ......... 88 Relating to election of a Judge of Flint Circuit to fill vacancy by resignation of Hon. A. M. 8peer..............129 130 138 139 To inquire into the Western & Atlantic Railroad lease (joint) ... 139 . 178 179 266 To appoint a joint committee on early adjournment............... 211 Fixing time for adjournment for recess....................227 231 238 Hequiring the Joint Finance Committee to investigate and report on the subject of building a new Capitol.. ............. 287 Appointing a joint committee to examine Silliman and Thomp- son's "Hand-Book ol Forms" .................................... 287 Helativc to the issue of bonds .......................................... 288 Authoriziug sale of old Post Office fixture~ .......................... 288 Authorizing the Governor to accept the surrender of the char- ter of the Bank of Athens............................................ 295 Providing a joint committee to consider the question of the constitutionality of the Convict Lease system, etc ............306 Appointing a joint committee to inform the Governor of readi- ness to adjourn for the recess.................................. 308 HO!l Hcquesting the Governor to inve9tigate titles to a certain lot of land in city of Macon ...................................................31::1 IWAD LAWSA bill to amencl the Public !load Laws ................................... 63 74 HULESOf last Senate adopted....................................................... 7 Heport of Committee on Hules..... ...... ..... . .. ... ... .. ..... . .. ... . . 40 Hules to embrace the Standing Committees.......................... 50 SALA lUES-OFFICIAL- A bill to Increase Salaries of Jmlges of Supreme and Superior Courts .......................................................................58 23H .. 330 INDEX TO SENATE JouRNAL SUPERIOR COURTS AND JUDGES THEREOF- A bill tO require certain Election laws given in ch~to Grand Juries........................ .... .................................~......~68 70 iiJ. A bill to amend the act authoriz.ing Judges of to employ Stenographers, etc., etc................ .,...........................69 7:l A bill requiring .Judges of to alternate in hold~urta..........80 100 A bill to change the time for holding the Superior Courts for Bulloch and Effingham counties......,'....................................:.;..:.286 TAX COLLECTORS AND TAX ASBESSOHSA ~ill to confer additional powers on Tax Collectors................61 74 TAX LAWS- A bill to change the time of liability to taxation from 1st of April to 1st of January................;........................................237 289 A bUl to levy a tax onpistols, and for other purpoees..................248 .UNIVERSlTY-8TATBA bill to enlarge Board of Tru<~tees of State University..... 202 231 284 .> .. ,.3 ~ I '. .... . "',( ~-~ -