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JOURNAL.

SENATE CHAMBER, ATLAN!A, Q:A.,....

Wednesday July 6, 1881, 10 o'clock A. M.

The recess ordered by joint resolution of the General ~ Assembly, having expired at 10 o'clock this day, the President, at this hour, called the Senate to order:

Prayer was offered by the Rev. John W. Heidt, D. D.

On the call of the roll, the following Senators answered

t

to their names, to-wit :

Baggs, Bsker, BarKsdale, Brown, Bond, Butt, Byrd, Curtis, Daniel, Denmark, Duggar, Fouche, Gorman, Guerry,

Harris, Harrell, Hawes, Hackett, Hicks, Jordan, Johnson, King, McDaniel, McWhorter, Meldrim, Moseley, Neal, Parks,

Payne, Price, Reid. Smith of the 5th, Smith of the 15th, Smth of the 23d, Suddath, Treadwell, Westbrook Wilson, Winn, Woodward,
MR. PRESIDENT.

There being a quorum present, the President, having briefly addressed the Senate, ordered that the regular business be proceeded with.

Leave of absence for a few days was granted Messrs. Carter and Story.

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

Resolved, 1. That a committee of three be appointed by the President to report to the Senate t4e name of one or more ministers to be voted for to fill the place made vacant by the death of our former Chaplain, Rev. John P. Duncan.

4

}OURNAL OF THE SENATE,

Resolved, 2. That said committee also prepare and report to the Senate an appropriate notice, resolutions, etc., on the death of our. former Chaplain, Rev. John P. Duncan ; that they may be spread upon the Journal as. part of the proceedings of this body.
The President, by virtue of the foregoing resolution, appointed as the committee, Messrs. Byrd, Barksdale and Wilson.
Mr. Smith of the Fifth District, offered the following resolution, which was read and agreed to :

Resolved, That a committee consisting of two on the part of the Senate and three from the House of Representatives, be appointed to wait upon his Excel!tncy, the Governor, and notify him that the General Assembly has met pursuant to adjournment, and is ready to receive any communication that he may wish to make.

The President appointed as said committee, Messrs. Smith of the .Fifth, and Neal.
Mr. Harrell offered the following resolution, which was. read and agreed to, to-wit :

Resolved, That the Secretary notify the House of Rep-

resentatives that the Senate has met with a quor11m pres-

ent, and is ready to proceed with business.

-~

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

Mr. Presz'dent:

The House of Representatives has agreed to the following resolution, to-wit:
A resolution notifying the Senate that the House of Representatives have met with a quorum present, and areready to proceed to business.
Mr. Guerry offered the following joint reso~ution, which was taken up and read, to-wit:

jULY 6, 1881.

5

Be it resolved by tlte Senate and House of Representatives of tlte State of Georgia in General Assembly met, That we unqualifiedly condemn and denounce the recent attempt to assassinate James A. Garfield, President of the United States, as a horrible outrage upon humanity and civiliza. tion, as well as an enormous crime against law and order.
Be it jurtlzer resolved, That we would deplore the death of His Excellency as an awful public calamity, and we most earnestly pray the continuance of his life as a great national blessing.

And be it /ztl't!ter resolved, That we hereby offer to him and his family our tenderest sympathy in their sore affliction, and most sincerely trust that he may soon be restored, in perfect health, to his country; that when these resolutions shall have been approved by His Excellency, the Governbr, copies thereof be transmitted by the Secretary of State to Mrs. James A. Garfield, and to the Secretary of State of the United States.

Mr. Price offered the following as a substitute to the foregoing, to-wit:

WHEREAS, The whole American people have heard, with deep emotions of grief, the intelligence which has lately been borne to them, that the life of the Chief ~fag istrate of the United States has been attemp~ed in the most brutal and shocking manner at the hands of an assassin. The event is one greatly calculated to arouse the profoundest sympathies of every citizen of the Repu~lic, .for the grief stricken family of the President, as well as :to excite the alarm and apprehension of all liberty-loving people on this continent.

Be it therefore resolved by the Senate and House of Represen .tatz'ves of the State of Georgz'a, That the people of Georgia, without distinction of party or race, deplore the recent -cowardly attempt to take the life of James A. Garfield, President of the United States, and they desire, in the

6

}OURNAL OF THE SENATE,

most public manner possible, to express their utter condemnation of an act at once so fiendi'5h and barbarous.
Resolved, That as the Representatives of the people of the Commonwealth of Georgia, we hereby tender to the President of the United States during this terrible ordeal of affliction through which he i~ now passing, our sincerest and most heartfelt wishes that his life may yet be spared to the country and hi"s family, and that he may be speedily restored to health, and to the discharge of those duties to which he has been called by the voice of the people.
Resolved, That a copy of the foregoing preamble and resolutions be prepared and forwarded to President Garfield by and through the hands of the Governor of this State.
On motion of Mr. Westbrook, the foregoing odginal resolution and proposed substitute were referred to a committee or five, to be appointed by the President, with instruction to report thereon so soon as practicable.
The :President appointed as the committee, Messrs. Westbrook, Guerry, Price, Hackett and Meldrim.
Mr. Byrd, chairman of the special committee of three appointed on the subject ol a Chaplain, made the following partial report, to-wit:

Mr. Presz"dent:

The committee appointed under resolution in regard to

the selection of a suitable minister for Chaplain of the

Senate, beg leave to report the Rev. ]. W. Heidt, of At-

lanta. (Signed,)

S. M. H. BYRD, Chaz"rman.

]. M. WILSON,

]. V.l. BARKSDALE.

The foregoing report was read and agreed to, and the
Rev. J. W. Heidt a'nnounced by the President as elected
Chaplain of the Senate.

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

}ULY 6, 1881.

7

Mr. Presz'dent:

The House of Representatives has agreed to a joint resolution expressing the sense of this General Assembly on the recent attempt to assassinate the President of the United States, which they order transmitted immediately to the Senate.
On motion of Mr. Byrd, the joint resolution mentioned in the foregoing message was taken up, read and referred to the special committee to whom similar matter which originated in the Senate had been referred.
The following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof :

Mr. Presz'dent:

The House of Representatives has concurred in the joint resolution of the Senate, appointing a committee of two from the Senate and three from the House, to wait upon his Excellency, the Governor, and notify him that the General Assembly had met, pursuant to adjournment, and is ready to receive any communication that he may wish to make, and pas appointeci as the committee ori the part of the Ho.use, Messrs. Lester, Foster and Wright.
Mr. Westbrook offered the following privileged resolution, which was read and agreed to, to-wit :

Resolved, That Hon. Nelson Tift, of the county of Dougherty, be invited to a seat in the Senate Chamber during his stay in the city.

On motion of Mr. Byrd, the Senate took a recess for a

few minutes, at the expiration of which it was called to

. order by the President.



Mr. Smith of the Fifth District, from the committee to

wait upon his Excellency, the Governor, and inform him

that the General Assembly had reconvened, and was

ready to receive any communication he might desire to

JouRNAL OF THE SENATE,
make, reported the performance of this duty, and that the Governor replied that he had nothing special, at present, to submit to the Senate.
Mr. Westbrook, chairman of the special committee appointed to consider and report upon certain resolutions concerning the attempted assassination of the President of the United States, made the following report:
Mr. Preszfient:
The committee to whom was referred the resolutions touching the attempted assassination of the President of the United States, beg leave to recommend that the Senate agree to the resolutions on this subject adopted by the House of Representatives, and this day transmitted to the Senate and referred to this committee.
A. C. WESTBROOK, Clzairma11.
w. P. PRICE,
DuPol\T GuERRY, A. T. HACKEIT, P. W. MELDRIM.
The report was adopted, and the action. of the Senate in concurring in the joint resolution from the House of Representatives, was ordered to be communicated to that body at once.
Mr. Smith of the Fifth District, offered the following, to-wit:
WHEREAS, Since our body adjourned in December last, it has pleased Almighty God to remove from our midst our beloved Chaplain, the Rev. John P. Duncan, and while we sincerely regret the loss of one so highly esteemed and loved by this body, we earnestly believe from his pure and Christian life, that his soul has reached the Celestial Cham ber above, where all is peace and happiness.
Therefore, be t't resolued, That in respect to the memory of our deceased Chaplain, the Rev. J. P. Duncan, the Senate, do now adjourn to 10 o'clock A. M., to morrow.

JuLY 7, 1881.

9

The same was, on motion of Mr. Winn, referred to the special committee on the subject of a Chaplain.
The Senate then, on motion, adjourned until 10 o'clock A. M. to-morrow.

SENATE CHAMBER, ATLANTA, GA., Thursday, July 7, 1881, 10 o'clock A. M.

The Senate met pursuant to adjournment, the President in the chair.
Pr:lyer was offered by Rev. J. W. Heldt, D. D., Chaplain of the Senate.
On the call of the rolt, the following Senators answered to their names, to-wit:

Baggs, Baker,
Barksdale,
Brown,
Bond, Butt, Byrd,
Curtis,
Daniel, Denmark,
Duggar, Fouche,
Gorman, Guerry,

Harris. Harrell,
Hawes,
Hack_ett,
Hicks, Jordan, Johnson,
King,
McDaniel, McWhorter,
Meldrim, }[oseley,
Neal, Purks,

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. Brown offered the following privileged resolution,

whieh was read, to-wit :

Resolved, That the Hon. Thomas PottP.r be invited to a seat in the Senate Chamber whilst he remains in this city.

On motion of Mr. Parks, the same was so amended as to extend its provisions to the Hon. John T. Clarke, exSenator from the Eleventh District. The resolution as amended was agreed to.
Mr. McDaniel, chairman of the Judiciiuy Committee,
made a report upon certain bills referred to said committee, which was read.

JO

JouRNAL oF THE SENATE,

The President announced as the special order for this day the contested election case of R. B. Harris and W. R. Gignilliat of the Second Senatorial District.
Mr. Meldrim, rising to a question of privilege, stated that the law firm of which he is a member, having been engaged as the legal advisers of the Hon. R. B. Harris, he submitted to the Senate whether he should not be excused from acting as a trior in this case, concluding his statement with a request that he be excused from acting in this capacity, and that he be allowed to retire from the Senate during the trial of the contest.
The President submitted the request of Mr. Meldrim to a vote of the Senate, and they were unanimously granted.
The Secretary then read to the Senate the following majority and minority reports in the case, to-wit:

MAJORITY REPORT.
'fo THE SENATE :
Mr. Preszdent : 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, and recommend that Raymond B. Harris should. retain his seat:
After a careful examination of the testimony, and a laborious investigation as to the .Jaw and the facts, we report in favor of Raymond B. Harris, the present incumbent.
It appears from the returns, that the vote in, Mcintosh county stood : Harris, 622 ; Gignilliat, 2 5 I ; 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, Darien and South Newport. The contestant sets forth a number of grounds of contest :
rst. Illegal voters-forty-three in number-for non-pay-

}ULY J, 1881.

II

ment of taxes. Introduced proof as to twenty-five for non-payment of taxes. Of these, proved eleven.
2d. Introduced testimony as to four (4) persons not residing in the county six months. Proved two.
3d. Introduced testimony as to two persons not residing in the Sta~e twelve (12) months. Proof insufficient.
4th. Introduced testimony as to eight (8) minors. Proved one.
These are all the voters 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 \Vm. 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 W~. R. Gignilliat, senior. The ballot box 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 would have been allowed had the intention of the voter been shown.
The next ground of the contest is, that certain persons were intimidated and prevented from voting by adherents of Dr. Harris. The testimony does not show that any of these parties, so alleged, ever offered to vote. There was a general fight, in which Gignilliat 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.
The next ground of contest alleges that William T. Thorpe, who presided as a Justice of the Peace at the South Newport precinct, was not at the time a Justice of

12

JouRNAL oF THE SENATE,

the Peace, and so was incompetent to preside at the election, rendering it void. 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 time. 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 knowledge 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 ;itre, 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 election without objection.

The contestant 9ffered several amendments during the progress of the case before the magistrate ; these amendments were additional names of illegal voters, and were offered without giving five (5) days' notice as required by law. These names were added on the 3d and 5th of. November, most of them on the sth, the last day of the thirty days allowed by law, to either party to introduce testimony. We do not think these names, added by amendment, should be considered ; but, even if allowed, they are f10t sufficient to counterbalance the illegal votes,

}ULY 7, 1881.

IJ

established by the respondent, as having been cast for the contestant.
After a careful review of all the facts, we find :
Contestant provesOf votes on original notice as illegal. ........................ 14 Added by amendment .......................................... 17 But not making a total of 31 illegal voters.
Respondent shows by evidenceIllegal votes for non-payment of taxes ....................... 22
Illegal votes for not being naturalized ........................ w
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.. ................................. l

Taking the case as made out legally, and there are only 14 votes established by contestant, while respondent shows 40 illegal votes cast for Gignilliat.

From the foregoing facts, it is the opinion of your committee 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, Chaz'rma?Z.
w. R. GORMAN,
S. H. MosELEY, R. L. McWHoRTER,
JOHN S. REID.

~fiNORITY REPORT.
Mr. Presz'dmt: Your committee have had under consideration the contested election case of Wm. R. Gignilliat, 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

14

JOURNAL OF THE SEN,

for R. B. Harris at the Darien and ~ dncts, on the 6th of October, 1880, t

By non-payment of !:axes-

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.
" Io. Sewell Dorsey. " I 1. Mitchell Dunn, alias Demf " I2. Cyrus Floyd. " I3. Crockett Fowler.
'' 14 Lewis Fowler. '' I 5. John Gadsden.
" I6. William J. Gignilliat. " I7. Gilbert Gignilliat.
" I8. Glasgow Grosvenor.
'' I9. Shed Grant. " 20. Charles Garry.
'' 21. Wm. Gibson. '' 22. Solomon Grace. " 23. Morris Grant. " 24. Wm. Green. " 25. H. Harris. '' 26. Sam Hix, alias Hixon.
" 27. George Jackson. '' 28. J. R. King, Jr. '' 29. Saunders McDonald. " 30. Lewis Maxwell. " 31. J os. Mongin. '' 32. Dorsey Quarterman. " 33 Alfred Quarterman.

JuLY 7, I88I.
No. 34 Pierce Richardson. " 35 John Rillihan (white.) " 36. Jim Ryals. " 37 Shed Ross. " 38. Ephraim Smith. '' 39 Boston Smith. " 40. Sisnow Williams. " 41. Troup Way. '' 42. Cyrus Felder. " 43 Henry Gibson.
For not having resided in the county six months before the election, to-wit :
No. I. W. W. Ferguson (white.) '' 2. Thomas F. Johnson. '' 3 Sam Monroe.
Not having resided in the State 12 months-
No. 1. Lewis Banks. '' 2. Styles L. Hutchins.
Not being twenty-one years old, 6th October, r88oNo. 1. Leander Axon.
" 2. Aaron Bailey. " 3 Prince Mark, alias Mock. '' 4 Dembo Wing. '' 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:
No. 1. Arthur Bailey. '' 2. Isadore Collast. " 3 John Ingram. '' 4 M. Nathans. " 5 James O'Brien. " 6. E. F. Bougham.
The following we find, who voted for Wm. R. Gignil-

16

JouRNAL OF THE SENATE,

liat, senior, to be illegal voters by reason of non-payment of taxes:
No. 1. Miles Scott. " 2. R. W. Crowell. " 3 Reuben Gidins.
The following illegal votes were cast for Wm. R. Gignilliat, 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, Sr.
No. 1. W. H. Sallett.
Making a sum total 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 four teen illegal votes cast for vVm. 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 Wm. 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 prevented from voting for W m. 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 Ennon.

}ULY ], 1881.

If

Fourth. We further find that Wm. T. Tharpe, who acted as Justice of the Peace at said election, on the 6th of October, was not a lawful Justice of the Peace, nor qualified to hold said election, he having presided at South Newport precinct in said Mcintosh county.

And we further find that vVm. R. Gignilliat, senior, received the most of the legal votes cast at said election.

'vVe are, therefore, of the opinion that Wm. R. Gignilliatt, 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.
vVe, therefore, submit for the consideration of the Se.nate the following resolution:

Resohed, That at an election held on the 6th of October,

r88o, 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 how held by R. B. Harris.

Respectfully,

\V. H. DANIEL,

W. B. BuTT.

After discussion of the pending question, Mr. Butt moved the adoption of the minority report lieu of the majority.
Pending action thereon, Mr. Parks moved that the special order be discharged until to-morrow morning, immediately after the reading of the Journal.
Mr. Guerry moved that the Senate adjourn until J o'clock P. M., and at that hour the special order be takem up and disposed of.
Mr. McD~niel offered a motion that the Senate adjourn until 3 o.'clock P. M., as a substitute for all other motions pending. This motion was put and prevailing, the Senate was declared adjourned until 3 o'clock, P. M.
2

18

JOURNAL OF THE SENATE,

SENATE CHAMBER, 3 o'cLocK P. r.~.

The Senate met pursuant to adjournment, and resumed the consideration of the unfinished business, viz: the motion to adopt the minority in lieu of the majority report of the committee, to whom the contested election case, involving the Senatorship of the Second Senatorial District, had been referred.
After extended argument thereon, the Senate, on motion adjourned until ro o'clock A. M., to-morrow.

SENATE CHAMBER, ATLANTA, GA., Friday, JulyS, 1881,10 o'clockA. l\1.

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

Prayer by the Chaplain, Rev. John W. Heidt.

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

Baggs, Baker,
Barksdale, Brown,
Bond, Butt,
Byrd,
Curtis, Daniel,
Denmark,
Duggar, Fouche,
Gorman, Guerry,

Harris, Harrell,
Hawes, Hackett,
Hicks, .Jordan,
Johnson,
King, McDaniel,
Me Whorter,
Meldrim, Moseley,
Neal, Parks,

Payne, Price, Reid,
Smith of the 5th, Smith of the 15th, Smith of the 23d, Storey, Suddath, Treadwell, Winn, Woodward,
MR. PRESIDENT.

The Journal was read and approved.

The Senate resumed consideration of the unfinished business of yesterday, viz: the contested election case for the Senatorship of the Second Senatorial District, the proposition pending at the hour of adjournment being the motion to adopt the minority report in lieu of the majority report of the committee appointed to consider and report upon the same.

}ULY 8, 1881.

Mr. McDaniel moved that the entire subject matter pending be recommitted to the Committee on Privileges

and Elections, and on this motion required the yeas and

nays to be recorded.

On motion to recommit: Those who voted in the affirmative are, to-wit-Messrs.

Baker, Barksdale, Butt, Daniel, Denmark, Fouche,

Guerry, Harrell, Hicks, Jordon, Johnson, King,

McDaniel. Storey, Wilson, Winn,
MR. PRBSIDEYT.

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

Baggs, Brown, Bond, Byrd, "Curtis, Dugg&.r, Gorman, Hawes,

Hackett, l\lcWhorter, Moseley, Neal, Parks, Payne, Price, Reid,

Smith of the 5th, Smith of the 15th, Smith of the 23d, Suddath, Treadwell. Woodward.

Ayes, 17. Nays, 22. So the motion to recommit did not prevail.

Mr. Smith of the Twenty-third District, called for the

previous question. On the proposition shall the call for the previous ques-
tion be seconded, Mr. McDaniel demanded the ayes and

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

Baggs, Brown, Bond, Curtis, Duggar, G01man, Hawes,

Hackett, Hicks, l\1c Whorter, Moseley, :Neal, Payne, Smith of the 5th,

Smith of the 15th, Smith of the 23d, Storey, Treadwell, Winn,
Woodward.

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

Baker, Barksdale, Bmt, Byrd, Daniel, Denmark, Fouche,

Guerry, Harrell, Jordan, Johnson, King, McDaniel, Parks,

Price, Reid, Suddath, Wilson, 1\IR. PRESIDENT.

Ayes, 20: Nays, rg.

20

} OURNAL OF THE SENATE,

So the call for the previous question was seconded, and the main question was ordered to be put, to-wit: The motion to adopt the minority in lieu of the majority report. On this question Mr. Price required the ayes and nays to be recorded.

Thosewho voted in the affirmative are, to-wit-Messrs.

BakPr,
Butt, Daniel, Denmark, Fouche,

Guerry, Harrell, Jordan, Johnson, King,

McDaniel, Smith of tile 5th, Wilson, Winn.

Those who voted in the nagative are Messrs.

Baggs, Barksdale,
Brown, Hond, Byrd,
Curtis, Duggar, Gorman, Hawes,

Hackett, HickF,
McWhorter 1\loseley, '
Neal. Parks, Payne, Price, Reid,

Smith of the 15th, Smith of the 23d, Storey, Suddath, Treadwell, Westbrook, Woodward.

Ayes, 14. Nays, 24. So the motion to adopt the minority report in lieu of the majority report did not prevail. Mr. MeWhorter moved the adoption of the majority teport. This motion was submitted to the Senate and prevailed. So the Hon. R. B. Harris, the respondent, was declared to be entitled to his seat as Senator of the Second Senatorial District. The;: following message was received from the Hous~ of Representatives, through Mr. Hardin, the Clerk thereof:

Mr. President :

The House of Representatives has agreed to the following resolution, in which they ask the concurrence of the Senate, to-wit:
A resolution appointing a committee of five from the House and three from the Senate, to examine into the State of the business now before the two Houses, and that

juLY 8, 1881.

21

may be introduced in the next ten days, and that said -committee do report on or before the expiration of fifteen <lays from this date, a resolution fixing a day for the early .adjournment of the General Assembly sine die.
On motion of Mr. Byrd, the Senate took a recess for ten minutes, at the expiration of which period, the President resumed the chair, and called the body to order.
The joint resolution received this day from the House of Representatives, relating to the question of an early adjournment, was taken up, read and concurred in.
The President appointed as the committee on the part of the Senate, under the foregoing joint resolution, Messrs. Guerry, Hackett and Price.
On motion of Mr. Guerry, the Secretary was directed, without delay, to inform the House of Representatives of the concurrence of the Senate in the said joint resolution.
Mr. Bond offered the following resolution, which was taken up, read and agreed to, to-wit:
WHEREAS, the Lunatic Asylum of the State of Georgia is now crowded to its fullest capacity, and a large number -of lunatics are confined in jails and other places, and suffering for want of proper treatment, care and attention ; .and
WHEREAS, it is the duty of the State to make ample provision for her lunatics ; therefore, be it
Resolved, That a joint committee of five be appointed, composed of two from the Senate and three from the House, to investigate and report at an early day what -should be done in the premises.
The President appointed Messrs. Bond and Denmark as the committee on the part of the Senate, under the foregoing resolution.
On motion of Mr. Bond, the same was ordered to be transmitted to the Hcuse of Representatives without <lelay.

22

JouRNAL oF THE SENATE,

On motion of Mr. Hackett, the call of the roll for the introduction of new matter was ordered and proceeded with, when the following bills were introduced, read the first time, and referred to the Committee on the Judiciary, to-wit:
By Mr. CurtisA bill to amend section I445 of the Code of Georgia.
By Mr. FoucheA bill to fix the fees of public weighers of cotton, and to punish the charging and taking of excessive fees.
By Mr. Gorman-
A bill to authorize the Jury Commissioners of the various counties of this State, when revising the jury boxes of their respective counties, to drop from the list and exclude from the jury boxes, as jurors, the names of all persons who, for any cause, are disqualified by law to serve as JUrors.
By Mr. JohnsonA bill to amend the act of I879 so far as relates to furnishing the counties whose court houses have been burned, with books, and to make the clerks responsible for them.
By Mr. MoseleyA bill to amend an act entitleil an act to carry into effect paragraph 2, section I 8, article 6 of the Constitution of I 877, so as to provide for the selection of the most experienced, intelligent and upright men to serve as grand jurors, and of intelligent and upright men to serve as traverse jurors, and for the drawing of juries, etc.
The following bills were introduced, read the first time, and referred to the Committee on Finance, to-wit:
By Mr. Hackett-
A bill to repeal an act entitled an act to establish State Depositories in Atlanta, Athens, Augusta, Columbus, Macon, Savannah, Rome, Americus, Albany, LaGrange,

}ULY 8, 188I.

23

Gainesville, Griffin, and Hawkinsville, and to prescribe their duties a:nd liabilities.
By Mr. HawesA bill to repeal an act entitled an act to establish State Depositories in the cities of Atlanta, Athens, August?, Columbus, Macon, Savannah, Rome, Americu!>, Albany, LaGrange, Gainesville, Griffin, Hawkinsville, and to prescribe their duties and liabilities, approved October 16, 1879 The following bills were introduced, read the first time, and referred to the Committee on Internal Improvements and Railroads, to-wit :
By Mr. FoucheA bill to incorporate railroad companies in this State, and to prescribe the powers, rights, duties and liabilities of the same.
By Mr. KingA bill to amend an act entitled an act to confer additional powers and privileges upon purchasers of railroads under the provisions of an act entitled an act to enable the purchasers of railroads to form corporations and to exercise corporate powers, and to define their rights, powers and privileges, as;;ented to February 29th, 1876, by giving to said purchasers time to finish said roads when the same are incomplete, said act approved December 5th, 1878; this amendment to extend the time still further in which to complete said roads where the same are now incomplete. Mr. Parks introduced the following bill, which was read the first time, and referred to the Committee on Agriculture, to-wit :
A bill to define and declare who are subject to road duty in this State, and for other purposes.
The Senate, on motion, adjourned until to-morrow morning, at 10 o'clock.

JOURNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA., Saturday, July g, 10 o'clock A. M.

The Senate met pursuant to adjournment, the President in the chair.
Prayer by the Rev. J. W. Heidt, D. D., Chaplain. On the call of the roll, the following Senators answered to their names, to-wit.

Baggs, Eaker, Barksdale, Brown, Bond, Butt,
Bvrd, Carter, Curtis, Daniel, Denmark, Duggar, Fouche, Gorman,

Guerry, Harris, Hanel!,
Hawes, Hackett, Hicks,
Jordan,
Johnson,
King,
McDaniel, Mattox, McWhorter,
Moseley, Neal,

Parks, Payne, Price, 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. 'Westbrook, rising to a question of privilege, stated that he was absent from the Senate by reason of personal indisposition when the votes were recorded yesterday, in the contested election case from the Second Senatorial District, and asked that his name be recorded, in favor of seating the Hon. R. B. Harris. This request was submitted to the Senate by the President, and unanimously granted, and the vote of Mr. Westbrook recorded in accordance therewith on the Journal of yesterday.
Mr. McDaniel, chairman of the Committee on the Judidary, made a report on certain bills referred to said committee, which was read.
Mr. McWhorter, chairman of the Committee on Enrollment, submitted the following report:

Mr. Presz'denl :
The Committee on Enrollment report as duly enrolled, signed by the Speaker of the House of Representatives,

}ULV 9, 1881.

25

and ready for the signature of the President of the Senate, the following resolution, to-wit :

A joint resolution, expressing the sense of this General Assembly upon the attempted assassination of the President of the United States.
R. L. McWHORTER, Clzainnan.

On motion of Mr. Hawes, leave of absence was granted the Committee on Public Buildings for a few minutes.
Mr. McWhorter offered the following privileged re:coh,Ition, which was read and agreed to, to-wit:
Resolved, That Dr. W. J. Walker, of the county of Warren, be invited to a seat upon the floor of the Senate.
The following bills were taken up under the adverse report of the Judiciary Committee and laid on the table, to- wit:
A bill to amend the Constitution of the State of Georgh.
A bill to amend paragraph 14, section 7, article 3, of the
Constitution of the State of Georgia. A bill to amend the Constitution of the State of Geor-
gia. A bill to amend paragraph I, section 9, article 2, of the
Constitution of this State,
The following bills were severally withdrawn by the movers thereof, to-wit:
A bill to alter and amend sections 4161 and 4162 of the Code of 1873.
A bill to regulate the time of holding Justices' Courts ; and
A bill to repeal an act entitled an act to repeal section 4323 of the Code of 1873.
The bill to regulate the sale of pistols in the State of Georgia was, on motion, recommitted to the Committee on Judiciary.

26

JOURNAL OF THE SENATE,

The bill to extend the jurisdiction of Justices of the Peace in certain cases was taken up, under an adverse report of the Judiciary Committee, the report was agreed to and the bill was therefore lost,
Mr. Mc\Vhorter, chairman of the Committee on Enrollment, submitted the following report:

Mr. President:
The committee appointed to bring up the unfinished businGW:s of the last session, report as duly enrolled, signed by the Speaker of the House of Representatives and the President of the Senate, and transmitted to his Excellency, the Governor, the following bills, to-wit:
A bill to alter and amend section 3976 of the Code; also, A bill to amend the garnishment laws of the State; also, A bill to provide for judgments for plaintiffs in lien cases, etc. ; also, A bill to render more economical and efficient the analysis of fertilizers, etc. ; also, A bill to alter and amend section 3972 of the Revised Code of Georgia, relating to the levy and sale of mortgaged personal property, and to authorize a more speedy sale. Also, the following resolutions, to-wit:
A resolution to provide for an examination of a proposed new Code for this State, etc.
A resolution ,to appoint a joint committee to examine and report as to the most feasible mode of furnishing suitable accommodations to the colored lunatics of the State.
R. L. McWHORTER, Chairman.
The following message was received from the House of Representatives, through Mr. HarGiin, the Clerk thereof:
Mr. President:
The House of Representatives has passed the following bill, to-wit :

}ULY g, I88I.

27

A bill to be entitled an act to amend section 205 of the Code of 1873, in relation to the disqualification of. Judges or Justices of any Court, Ordinaries, Justices of the Peace, and presiding officers of inferior judicatures, by inserting after the word '' counsel" in the sixth line of said section, the following. words, to-wit: "Nor in which he has presided in any inferior judication."
The following bills. were taken up, under the adverse re port of the Judiciary Committee, the report agreed to, and the bills severally lost, to-wit:
A bill to require all persons owning wild land or improved land in this State, to return the same in the county where the land lies ; and

A bill to alter paragraph 2, section I, article 5 of the Constitution of Georgia.

The bill of the House to amend an act to provide for the creation of Boards of Commissioners of Roads and Revenues in the counties of Cobb, Dooly, Henry and Telfair, of this State, to prescribe their duties, etc., so far as said act applies to the county of Cobb, was read the first time, and referred to the Committee on Corporations.
The bill of the House to repeal an act to create and or ganize a County Court for the county of Habersham, in this State, approved February 28, I876, and all laws amendatory thereof, and to abolish the County Court of Habersham county, was read the first timeand referred to the Committee on the Judiciary.
The Senate took up the report ol the Co!'!'mittee of the Whole, the bill to repeal an act entitled an !lCt to exempt the wages of journeymen mechanics and day laborers frcm the process of garnishm~nt.
On motion of Mr. Westbrook, said bill was made the special order for Tuesday next, immediately after the reading of the Journal.

"28

JOURNAL OF THE SENATE,

On motion of Mr. McWhorter, one hundred copies of -said bill were ordered to be printed for the use of the .Senate.
Mr. Hawes, chairman of the Committee on Public Buildings, made the following report, to-wit:

Mr. President:

The Committee on Public Buildings recommend that the

report of the Commissioners appointed by the General

Assembly under resolution approved August 15, 1879,

for the purpose of adjusting and settling with the Mayor a~d Council of the City of Atlanta their proposal to build

for said State a capitol building, be referred to the joint

<:ommittee appointed by the present General Assembly

for that purpose.

(Signed,)

A. L. HAWES, Chairman.

The report was, on motion, taken up, read and adopted.
Mr. Boynton, the President, offered the following joint resolution, which was taken up, read and agreed to, towit:
Resolved by the Senate and House oj Representatz'ves, That the manuscript of a book prepared by Col. D. N. Martin, -of Atlanta, entitled, "A Supr.!me Co:.1rt Manual,'' containing a complete collation and condensation of the law for <:arrying cases to the Supreme Court, with approved forms and full instructions, be referred to the joint committee appointed to examine the Hand-book of Forms, prepared by Silman and Thompson, with instructions to examine and report the propt iety of the State subscribing for two hun-dred copies of the same, for the use of Clerks of the Superior Courts of this State, and at what price said sub.c:;cription shall be made.
Mr. Parks offered a resolution directing the Librarian to furnish for the use of the Senate certain books.

}ULY 9, 1881.

The same was read, and on motion, laid upon the table for the present, awaiting information as to whether said books are in the State Library.
Mr. Byrd, chairman of the Special Committee, appointed on the subject of a Chaplain and to prepare a preamble and resolutions on the de~th of Rev. John P. Duncan, D. D., late Chaplain of the Senate of Georgia, submitted the following supplemental report, to-wit :

M~. Prest"dent :

WHEREAs, Since our body adjourned in December last, it has pleased Almighty God to remove from our midst, our beloved Chaplain, the Rev. John P. Duncan, D. D. In his death we have sustained a great loss, yet while we mourn the death of one so intimately connected with, esteemed and loved by this body, we assuredly believe from his pure life and long Christian labors, that his soul has reached the Celestial Chamber above, where all is peace and happiness. Be it, therefore,

1. Resolved by tlte Senate in regular session met, That we deplore the death and loss of our recent Chaplain, the Rev. John P. Duncan, D. D., the kind friend, courteous gentleman and devoted Christian.

2. Resolved, That we extend to his family our heartfelt sympathy and condolence, in their so great bereavement, in having taken from them a husband, father and relation.

3 Resolved, That a copy of this pr!!amble and resolutions be furnished his family hy the Secretary.

4 Resolved, That one page of the journal of the Senate be left blank, except the words: '' Rev. John Patterson Duncan, D. D., Chaplain of the Senate, born September 9, 1809; died May 14, 1881."

(Signed,)

S. M. H. BYRD, Chairman.
J. M. WILSON, J. W. BARKSDALE.

I

I

\rrbaplain of tbc ,Senate,

I

JULY II, 1881.

31

The foregoing report was unanimously adopted. After appropriate eulogies, the Senate adjourned, in respect to the memory of Rev. John P. Duncan, D. D., late Chaplain of the Senate, until 10 o'clock A. M., Monday.

SENATE CHAMBER, ATLANTA, GA., Monday, July II, 1881, 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, D. D., Chaplain of the Senate.
On the call of the roll, the following Senators answered to their names, to-wit :

Baggs, Ba.ker, Barksdale, Brown, Bond, Butt, Byrd, Curtis, Daniel, Denmark, Duggar, Guerry, Harris, Harrell,

Hawes, Hackett, Hicks, Jordan, Johnson, King, McDaniel, Mattox, 1\icWhorter, 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, MB. PRESIDENT.

The Journal was read and approved.

Mr. Westbrook moved a reconsideration of so much of the Journal of Saturday as relates to the action of the Senate in agreeing to the adverse report of the Judiciary Committee on the bill to require all persons owning wild or improved land in this State, to return the same for taxation in the county where the land lies.
The motion to reconsider prevailed, and the bill was, on motion of Mr. Westbrook, recommitted to the Committee on the Judiciary.
Mr. Guerry, chairman pro tem. of the Committee on Finance, made a report on certain bills and resolutions referred to said committee, which report was read.

32

JouRNAL OF THE SENATE,

On motion of Mr. Hackett, leave of absence was granted Messrs, Fouche and Treadwell on account of sickness; and on motion of Mr. Parks, leave of absence for to-day was granted to Mr. Gorman.
On the call of the roll for the introduction of new matter, the following bills were introduced, read the first timet and referred to the Committee on the Judiciary, to-wit:
By Mr. CurtisA bill to amend section 3845 of the Code of Georgiat relating to fees of non-resident witnesses.
By Mr. DuggarA bill to abolish the Bo::1rds of Jury Commissioners, as now constituted, and to substitute another Board in lieu thereof. By Mr. PriceA bill to regulate the giving in of testimony by physicians and surgeons.
By Mr. Smith of the Fifth DistrictA bill to make a misdemeanor for any person to go to a place where the people have assembled for divine worship, or a literary or Sunday-school celebration, while intoxicated, or to carry to any such place, intoxicating liquors; to provide a punishment therefor, and for other purposes. By Mr. McWhorterA bill to regulate the fees of Ordinaries in this State. By Mr. McDanielA bill to prescribe the fees of Sheriffs in this State, and to provide for the payment of the same.
On motion of Mr. Reid, the rules were suspended for the purpose of reading bills of the Senate a second time, when the 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, was taken up, read the second time under the adverse report of the Committee on Finance, and the report being agreed to, the bill was therefore lost.

. JuLY 12, 1881.

33

A resolution requesting the Joint Finance Committee of

the General Assembly to consider the propriety of abol-

ishing the office of Tax Receiver in this State, and for

other purposes, having been reported upon adversely, was

withdrawn by the mover, with the consent of the Senate.

Under a suspension of the rules, the bill of the House to amend section 205 of the Code of 1873, in relation to the disqualification of Judges or Justices of any Court, Ordinaries, Justices of the Peace and presiding officers of inferior judicatures, by inserting after the word "counsel," in the sixth line of said section, the following words, to-wit : "Nor in which he has presided in any inferior judicature," was read the first time, and referred to the Judiciary Committee.

Under a further suspension of the rules, the following bill of the House was read the second time, and passed to a third reading, to-wit :

A bill to allow the Trustees of the Reformed Medical College of Georgia to remove said college from Macon to Atlanta, Ga.

The Senate, having disposed of all the business on the desk of the SecretarY,, adjourned, on motion, until 10 o'clock A. M., to-morrow.

SENATE CHAMBER, ATLANTA, GA., Tue~day, July 12, r88r, ro o'clock A.M.
The Senate met pursuant to adjournment, the President in the chair.
Prayer by the Rev. J. W. Heidt, D. D., Chaplain of the
Senate.
On the call of the roll, the following Senators answered to their names, to-wit:
3

34

JouRNAL oF THE SENATE,

Baggs, Baker, Bond, Butt, Barksdale, Brown,
Byrd, Curtis, Daniel, Denmark, Duggar, Gorman, Guerry, Barril',

Htlrrell, Hawes, Johnson, King, Hackett, Hicks,
l\IcOaniel, Mattox,
McWhorter, Meldrim, Moseley, Neal, Parks, Payne,

Price, Reid, Smith of the 23d, Storey, Smith of the th, Smith of the 15th, Suddath, Treadwell, Westbrook, Wilson, Winn, Woodward,
MR. PRESIDKXT.

The Journal was read and approved.

Mr. Duggar moved a reconsideration of so much of the Journal of yesterday as relates to the loss of the bill to so amend the tax laws as to change the time for giving in for taxation from the first of April to the first of January of each year.

On the proposition to reconsider, Mr. Duggar required the ayes and nays to be recorded.

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

Bond, Duggar, l\lcWhorter,

Price, Smith of the 5th, Smith of the 15th,

Smith of the 23d, Suddath.

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

Baggs, Baker, Barksdale, Brown, Butt, Byrd, Curtis, Daniel, Denmark, Gorman. Guerry,
Ayes, 8.

Harris, Harrell, Hawes, Hackett, Hicks,
J~hnson,
.lung, :McDaniel, Mattox, Meldrim, Moseley,
Nays, 33

Neal, Parks, Payne, Reid,
Storey, Treadwell, Westbrook, Wilson, Winn, Woodward,
MB. PRBSIDBNT.

So the motion to reconsider did not prevail.

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

JuLY 12, r881.

35

Mr. Ptesz"dent:

I am directed by hi:; Excellency, the Governor, to deliver to the Senate a communication in writing, with accompa nying documents.

The following message was received from the House of Representatives, thro.ugh Mr. Hardin, the Clerk thereof:

JJ.fr. P1esz"dmt:

The House of Hepresentatives has concurred in the Senate resolution, appointing a joint committee of two from the Senate and three from the House, to investigate as to the capacity and number of lunatics confined in the State Lunatic Asylum, and report at an early day what should be done in the premises, and has appointed as the committee on the part of the House, :\1essrs. DuBignon, Perkins, and Davis of Habersham.

The House has also passed the following bill, to-wit:

A bill to be entitled an act to change the time of holding the Superior Courts of Laurens county, and to legalize the juries already dr.:.wn for October Te~m, 1881.

On motion of Mr. Payne, leave of absence was granted Mr. Jordan for to-day.

The special order of the day, to-wit: a bill to repeal

an act entitled an act to exempt the wages of journeymen

mechanics and day laborers from process of garnishment,

was taken up.



Amendments were offered thereto by Messrs. Westbrook, McWhorter and Payne, whereupon, on motion of Mr. Guerry, the whole subject matter was recommitted to the Judiciary Committee.

On motion of Mr. Bond, the message of the Governor, communicated to the Senate this day, was taken up and read. It is as follows, to-wit :

JOURNAL OF THE SE:'I:\TE,
ExECUTivE DEPARniENT, STATE oF GEORGrA, ATLANTA, GA., July 12, 1881.
To tlte Gene1al Assembly :
In pursuance of my official obligation, I submit herein a few suggestions, to which I invite your attention. Some of these, I regard as possessing special, if not pressing, importance, and, in my judgment, should have careful con sideration. Among the subjects I would now bring to your notice, I would designate our present
'' INSPECTION FEES ON FERTILIZERS."
When the law was framed instituting the office of '' Inspector," it was deemed important that the fees de rived from the sale of fertilizers in the State should bear the expense of such oversight of this traffic as would protect the community. against impositions. While it might, perhaps, be truthfully asserted that this tax was paid by the consumers-and they were, for a very large part, confined to the planting community-it is, nevertheless, also, the fact that these consumers have been completely protected by the operation of the law, and the sale of worth. less or fraudulent manures is now rarely complained of.
The charge of fifty cents per ton on all inspected fertilizers was thought, at the time, to be a reasonable one, and it brought into the Treasury a sum. amply sufficient to meet all the expenses of the Department of Agriculture. From twenty-seven thousand six hundred and fifty-eight dollars, the sum has increased until it has reached the large figure of se~enty-six thousand two hundred and thirty-two dollars, an amount altogether beyond the current demand of the Department. While there are, perhaps, very few who would question the benefit to the farmer of the protection against inferior or bad fertilizers now secured by our State laws, it will be readily conceded that he should not be made to pay an unreasonable or an unnecessary tax for this benefit. A tax of twenty-five

-}ULY 12, 1881.

37

cents per ton on all fertilizers inspected in the State would not only be ample for all the needful demands of the Department of Agriculture, but would also enable that valuable branch of the government to found and equip an '' experimental station," which the Commissioner. of Agriculture deems of great importance in promoting the farming interests of the State. I am clearly of the opinion that the present tax should be reduced.

THE RAILROAD COMMISSION.
In the case of Tilly vs. the Railroad Commission, in the Federal Court, the right of the State to regulate the railroads, and the constitutionality of the powers of the Commission were in issue, and fully discussed and settled. The main points decided in that case, 1:-y Judge Woods, are:
1. That, independent of the Constitution of 1877, the right of railroads to establish their own schedules of freights and fares is subject to legislative control, where such railroads are operating under charters obtained since January 1, 1863-that is, since the adoption of the Code.
2. That. the Legislature. under the Constitution of 1877, not only has the powet', but it is its duty to regulate the freights and fares of all railroads in this State, no matter when incorporated, so far as to make them just and reasonable, and to prevent unjust discrimination.
3 That to appoint a commission for that purpose, is not a delegation of legislative power, but is the employment of the proper agency to regulate freight and passen~ er tariffs.
4 That the act creating the Railroad Commission of this State is not obnoxious to the Constitution of the United States, or the Constitution of Georgia, and is. therefore, cons ti tu tiona!.
In view of the importance of this case, and by the request of the Railroad Commission, I employed assistant

} OUKNA:L OF THE SEKATE,
counsel to aid the Attorney-General. General Robert Toombs and Messrs. Mynatt & Howell were retained by me. The latter firm has been paid a portion of their fee out of the contingent tund. General Toombs has been paid nothing yet. Your attention is respectfully called to the matter; that provision may be made for the payment of these gentlemen.
I herewith transmit the third semi-annual report of the Railroad Commission for the information of the General Assembly.
"tAX COLLECTORS' Bmms.
Through mistake, inadvertence, and, perhaps, other causes, a large numb:.r of the county officers, who were elected in January last, failed to execute and file their official bonds within the time prescribed by law. Under the advice of the Attorney-General, the bonds of these officers, filed afterwards, were accepted, they and their securities making and filing a voluntary written agreement that the bonds, though not seasonably filed, should have the same validity and effect as if they had been filed in time, and that the Legislature might pass any law deemed proper to give said bonds all the force and effect of valid statutory official bonds. An act legalizing these bonds is deemed advisable.
NORTH AND SOUTH RAILROAD.
The purchase money for the North and South Railroad, amounting to ($40,500) forty thousand five hundred dollars, was paid to the State on the Ist day of July, and the prope~ transfer of that property has been fully consummated.
THE MAC0::-.1 AND BRUNSWICK RAILROAD.
The owners of this great interest are pressing forward the work of completion as contemplated by the law, and I have every reason to believe that all their engagements

JULY I 2, I 88 l.

39

with the State will be fully complied with. They give satisfactory assurance that they will not only do this as rapidly as possible, but that they will build other lines of railroad that will open up rich and undeveloped sections of the State, and make the Macon and Brunswick Road a link in a powerful and fructifying system. We have in the high character, the ample means and distinguished ability of those who have this great work in their control, the most assuring guarantees of its .,uccess and good management.
The State is to be congratulated on the heavy influx of capital induced by these enterprises, as much as on the fact that they will result in the establishment of new highways of trade, and they should be met in the liberal and courteous spirit with which Georgia welcomes all who enter her borders with legitimate purpose or honest intention.
In connection with the ~lacon and Brunswick Road, I call attention to the fact that the State owns along the line of the road and adjacent thereto a considerable number of lots of land. These lo:s, in my judgment, should be disposed of, as they arc rendered less valu,1ble, day by day, by the encroachment of trc~p:tssers.

\"ORKTO\Y:\" CE:'-ITE::\::\IAL.
Preparations are now progressing for the Centennial celebration, in October next, of the surrender of Cor11wallis at Yorktown. It is expected that this ceremonial will be presented in most imposing form. It will no doubt be participated in by every State in the Union, and with such a display of. patriotic fervor as such a memorable event will justify. Before Georgia can actively and materially participate in this celebration, your consent and co-opera- tion will be necessary. I deem all arguments or appeals enforcing the duty or propriety of our State taking a part, and a leading one, in this august memorial, as altogether uncalled for. I am sure there is not a State in this Union whose entire history has evinced a higher and truer appre-

40

jOURNAL OF THE SENATE,

ciation of the liberty and responsibilities which the victory of Yorktown established, nor is there one that maintains a more grateful heart towards a merciful Providence and the immortal men who gave us that victory.
The.presence of this great Commonwealth should not be wanting at a time \yhen honors are to be paid to the names and memories of tho3e who won the place we now hold among the powers of the earth and the assertors of human freedom.

THE 11\TEJ.<NATIONAL COTTON EXPOSITION.

A very distinguished compliment has been paid our State and Capital by the selection of Atlanta as the point at which should be held the exposition of cotton production and manufacture. This Exposition, opening the first week in October, will continue for three months, and will present an imposing array of the multiform aspects and values of our great staple. Besides the universal acquaintance which this great gathering of inquisitive and practical business men will secure for our State, thereby introducing us to the whole world, we will have assembled here the completest aggregation of instrumentalities, and the fullest gathering of experts engaged in the interest of cotton that the world has ever seen before. It is not unreasonable to expect there will grow out of this Exposition such an impulse to the manufacture of cotton, such a number of vital suggestions, both as to its culture and handling, as shall result in immeasurable benefit to the whole country, and perhaps such good to the Southern States as the most sanguine have not ventured to predict. I commend this important subject to your favorable consideration.
STATE DEPOSITORIES.
Two of the State's Depositories appointed and bonded under the act approved October 16, I8jg, have recently failed, viz: The Bank of Rome and the Citizens' Bank of

jULY 12, 1881.

4r

Georgia. It is belived that the property and assets of the Citizens' Bank will be amply sufficient to pay every dollar due the State by that b.ank, without resorting to a sale of the property of the sureties on its bond.
A little over eight thousand dollars has been collected from the Bank of Rome, and an order taken requiring its assignee to pay into the State Treasury nine thousand five hundred dollars more, now in its hands. \Vhen this is. paid that bank will still owe the State about $36,ooo. If this sum should not be realized from the remaining assets of the bank, the sureties on its bond are amply able to make good any deficiency. Execution has already been issued against them, and levied on property believed to be sufficient to pay the whole $36,000. It is expected.. however, that a considerable portion of this amount will be realized from the assets of the bank. No doubt is entertained that every dollar due the State by this bank will be collected. Proper legal proceedings have been instituted by the Attorney-General, assisted by R. ]. Moses, Esq., to collect the sums of money due the State by both these banks, and, also, to forfeit their dl!arter:;. The General Assembly is doub~less advised that in the case of the Bank of Rome, the S1preme Court has recently decided that the State has a special lien on all its property and assets to the extent of the amount of its bond to the State, and is, independent of said lien, entitled to priority of payment over all the other creditors of said bank. This decision is likewise applicable to the Citize11s' Bank.

A NEW CAPITOL.
In conformity with the resolution of the General Assembly, approved Decembtr 6, 1880, I advertised for plans and specifications for a new capitol building, offering the sum $250 for such a plan as may be accepted by the Legislature. The firm of Andrewartha & Walrenberger, of Austin, Texas, have offered a plan with four artistic and elab-

42

JOURNAL OF THE SEKATE,

-orate illustrations and full specifications. I have information that other plans will be furnished this week. These will be transmitted to the General Assembly as soon as received.
ALFRED H. CoLQCITT.

On motion of Mr. Price, so much of the foregoing message of His Excellency, the Governor, as relates to the inspection of fertilizers was referred to the Committee on Agriculture; that which refers to the subject of the Railroad Commission, etc., to the Committee on Internal Improvement and Railroads ; so much as refers to Tax Collectors, bonds, to the Committee on Finance; that which refers to the Yorktown Centennial to the Committee on the State ~f the Republic; so much as relates to the International Cotton Exposition, to the Committee on Agriculture ; that which relates to State Depositories, to the Committee on Finance; and so much that relates to a new capitol, to the Committee on Public Buildings.

Mr. \Vest brook moved that two hundred copies of said message be printed for the usc of the Senate.

Mr. Daniel moved as a substitute for the motion of Mr. \Vestbrook, that one hundred copies of the same be printed.

Under a rule of the Senate requmng the largest num ber proposed to be first submitted, the question of printing two hundred copies was first submitted.

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

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

Baggs, Barksdale, Bond, Byrd, Harris, Harrell,

Ki1g, McDaniel,
1\kWhrter, Parks, Price, Hdd,

Smith of the 5th, Smith of the 23d, Suddath, 'Vest brook,
MR. PRESIDENT.

JuLY 12, 1881.

43

Those who voted in t~e negative are, to-wit-Messrs.

Eaker, Brown, Butt, Daniel, Denmark, Gorman,
Guerry, Hawes,

Hackett, Hicks,
Johnson, :Mattox, Meldrim, )loseley,
Neal, Payne,

Smith of the 15th,
Strlr~y,
Treadwell, Wilson. Wino, Woodward,

Ayes, 17. Nays, 22.

So the motion to print two hundred copies did not prevail.

The proposition to print one hundred cop'ies of said message was submitted to the Senate and prevailed.

On motion of Mr. Denmark, the rules \\'ere suspended for the introduction of new matter, when the following bills were introduced, read the first time, and referred to the Committee on Judiciary, to-wit:

By Mr. HarrellA bill to amend an act entitled an act to establish the County Court of this State so as to allow the Judges of said courts to receive no cost in said courts, and to provide compensation for the jurors in oa-itl courts, and for the strik:ng of the same, and to compensate the officer for summoning the jury.

By Mr. JohnsonA bill to adjust the rights of parties who bought wild land transferred by the Comptroller Gent!ral, not the transferee of theft. fas.; and a bill to amend section 4572 of the Code of 1873

By Mr. KingA bill declaring persons \Vho cannot read and write incompetent to serve as election managers.

By Mr. McDanielA bill to prescribe the fees of Clerks of the Superior Court in this State, and to provide for the payment of the same.

44

JOURNAL OF THE SENATE,

By Mr. ParksA bill to amend section 4355 of the Code of 1873.
By Mr. PayneA bill to amend section 4612 of the Code of 1873.
Mr. Price offered the following joint resolution, which was read, and on his motion, referred with an accompaning memorial, to the Committee on the State of the Republic, to-wit:
A joint -resolution to request and instruct our Senators and Representatives in Congress to attempt to secure an appropriation for an Assay Office at Dahlonega, Ga.
Mr. McDaniel, chairman of the Committee on Judiciary, made a report on certain bills, which was read.

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

Mr. President:
I am directed by Gover~or Colquitt to deliver to the Senate a sealed message, and respectfully ask its considereration in executive session.
Mr. Boyd, chairman of the Committee on Agriculture, made a report, which was read.
The following bills were read the second time, and passed to a third reading, to-wit :
A bill to provide for the speedy forclosure of mortgages on realty in certain cases, where so agreed upon by the parties, in the face of the mortgage contract.
A bill to amend section 3696 of the Code. A bill to change the time of holding the Superior Courts of Bulloch and Effingham counties. A bill to define and declare who are subject to road duty in this State, and for other purposes. A bill to change the time for the meeting of the Gen eral Assembly; and

JULY 12, 1881.

45

A bill to amend paragraph I 312 of the Revised Code of Georgia of 1873, providing for the time of convening the Presidential Electors by the Governor. .
The bill to amend section 1445 of the Code of Georgia was taken up for a second reading under the adverse report of the Committee on the Judiciary.
The report was agreed to, and the bill lost. The bill to repeal an act to regulate the rates of legal advertising, etc., was withdrawn by Mr. Parks, the mover, with the consent of the Senate.
By request of the Committee on Agriculfure, they were discharged from the further consideration of a resolution instructing the Committee on Agriculture to inquire into the necessity for a revision of the road laws.
Mr. Reid offered the following resolution, which was read and agreed to, to-wit:

Resolved, That there be a joint Committee appointed, consisting .of three from the Senate and five from the House, to ascertain from the late census returns the number of Representatives each county is entitled to, and rereport the same to the General Assemb1y at the earliest day practicable.

The President appointed as the committee on the part of the Senate, under the foregoing resolution, Messrs. Reid, Vi!oodward and Mattox.

On motion of Mr. Byrd, the Senate went into executive session, and having spent some time therein, returned to open session.
The biil of the Hous~:: to change the time of holding the Superior Courts of Laurens county, and to legalize the jurors already drawn for the October term, 1881, was read the first time, and referred to the Committee on the Judiciary.
Mr. Denmark offered a resolution inviting Hon. A. T.

JouRNAL oF THE SENATE,
Mcintire to a seat on the floor of the Senate during his stay in this city, which was read and agreed to.
Mr. W estbr:>ok offered the following privileged resolution, which was read and agreed to, to wit:
Resolved, That the Secretary of the Senate be required to post in some conspicuous place in the Senate Chamber, immediately after the announcement of the committee meetings, such meetings giving the time and place for meeting, and the names of the committees.
The Senate having disposed of all the business on the
desk of the Secrecretary, adjourned, on motion, untill 10 o'clock A. M. to-morrow.

SENATE CHAMBER, ATLANTA, GA., Wednesday, July 13, 1881, 10 o'clock A. M.
The Senate met pursuant to adjournment, the President in the chair.
Prayer by Bishop Geo. F. Pierce, by invitation of 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, Daniel,
Denmark, Duggar,
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,
MR. PRESIDENT.

The Journal was read and approved.

On motion of Mr. Suddath, leave of absence was granted Mr. Curtis, on ac<;:ount of sickness.

.

}ULY 131 1881.

47

On motion of Mr. H~ckett, chairman of the Committee
on the Penitentiary, the members of this committee were
granted leave of absence for one day, after to-day. ~1r. Johnson offered a privileged resolution, which was.
read and agreed to, inviting to seats on the floor of the
Senate, the Hon. G. J. Holton, ex-Senator of the Third
District, and Ron. Seaborn Hall, of the county of Appling.

Mr. Storey offered a privileged resolution, which was read and agreed to, inviting Bishop Geo. F. Pierce to a seat in the Senate during his stay in the city.
Mr. McDaniel, chairman of the Commitl!ee on the J ud'ciary, made a report on certain bills, which report was read.

Mr. Butt, chairman of the Committee on Internal Improvements and Railroads, made a report on certain bills, which was read.

On motion of Mr..Guerry, the rules were suspended, when the following bills were introduced, read the first time, and referred, as hereafter indicated, to-wit:

By Mr. Baker-

A bill to change the re-apportionment of Representatives in the General Assembly amongst the several counties of this State, as provided for in article 3, s~ction 3, paragraph 1, of the Constitution of Georgia.

Referred to the Special Committee on Apportionment.

By Mr. Guerry-
A bill to submit to the qualified erectors of Georgia, _, at the next regular Gubernatorial election, whether an act,
entitled an act to regulate and restrict the rate of interest in this State, and for other purposes, approved October 14th, 1879 shall remain of force or be repealed, and whether instead thereof it shall be the law that interest may be agreed upon, in writing, for as much as twelve per cent. per annum ; or whether instead thereof, it shall be the law that interest may be agreed upon in writing with-

JOURNAL OF THE SENATE,
out restriction as to rate thereof; and to permanently settle and establish the policy of this State on the subject of interest, and to provide the mode of balloting on said questions, and ascertaining, determining and declaring the result, etc., and for other purposes.
Referred to the Committee on Finance. By Mr. HarrisA bill to provide for the organization of a practical Board of Health for the State of Georgia. Referred to the Committee on Sanitation and Hygiene.
By Mr. Smith of the Fifth DistrictA bill to provide for th~ establishment of a Branch Academy for the Deaf and Dumb, at Waycross, in the -county of Ware. Referred to the Committee on the Asylum for the Deaf and Dumb. By Mr. Smith of the Fifteenth DistrictA bill to amend an act entitled an act to provide for the setting apart of homesteads and exemptions of property, for the sale thereof and the re-investment of the proceeds in other property upon the same uses, and for waiving the right to the benefit of such exemptions, in accordance with the provisions of article 9, of the Constitution of this State, approved December 9, 1878. Referred to. the Committee on the Judiciary.
By Mr. Hackett, under a suspension of the rulesA bill for the more certain levy and collection of the county tax in this State.
Referred to the Committee on the Judiciary. On motion of Mr. Harris, Mr. Carter was added to the Committee on Sanitation and Hygiene. The following bills were read a ~econd time, and passed to a third reading, to-wit:
A bill to amend an act to confer additional powers and privileges on purchasers of railroads, etc.

JuLY 13, 1881.

49

A bill to amend section 2390 of the Code of 1873.
A bill to regulate the giving in of testimony by physicians and surgeons ; and
A bill to authorize the Jury Commissioners of the various counties of this State, when revising the jury boxes of their respective counties, to drop from the list, and exclude from their jury boxes, as jurors, the names of all persons who, from any cause, are disqualified by law to serve as -jurors.
The following bills were read the second time, and laid <>n the table for the present, to-wit:
A bill to limit the term of office of Jury Commissioners ; and
A bill to amend an act entitled an act to carry into effect paragraph 2, section 18, article 6, of the Constitution of 1877, so as to provide for the selection of the most experienced, intelligent and upright men to serve as grand jurors, and of intelligent and upright men to serve as traverse jurors, and for the drawing of juries, etc.
The following bills were read the second time, under the adverse reports of the Judiciary Committee, the reports were severally agreed to, and the bills, therefore lost, to-wit.
A bill to amend section 3845 of the Code of Georgia, relating to fees of non-resident witnesses; and
A bill to authorize settlements and pleas of guilty of misdemeanors in Magistrates' Courts.
The following bills, which were taken up for a third reading, were, on motion, laid on the table for the present, without being read, to-wit:
A bill to change the time of holding the Superior Courts of Bulloch and Effiingham counties; and
A bill to change the time of the meeting of the General Assembly.
4

50

} OURNAL OF THE SENATE,

The Senate took up, as the report of the Committee of the Whole, the bill to provide for the speedy foreclosure of mortgages on realty in certain cases where so agrc:ed upon by the parties in the face of the mortgage contract.
The report was agreed to.
The bill was read the third time, and passed by a con~ stitutional majority of ayes, 26; nays, o.
The Senate took up, as the report of the Commit:ee of the 'Whole, the bill to amend paragraph I 3 I 2 of the revised Code of Georgia of 1873, providing for the time of convening the Presidential Electors by the Governor.
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 took up, as the report of the Committee of the Whole, the bill td amend section 3696 of the Code of 1873, in reference to sheriffs' fees.
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 the Committee of the \Vhole, the bill of the House to allow the Trustees of the Reformnd Medical College of Georgia, to remove said college from Macon to Atlanta, Ga.
The report was agreed to.
The bill was read the third time, and passed by a constitutional majority of ayes, 3 I ; nays, o.
The bill to define and declare who are subject to road duty in this State, and for other purposes, was taken up on its third reading.
Mr. Parks offered an amendment thereto, whereupon,, on motion of Mr. Guerry, the bill and proposed amendment were recommitted to the Committee on Agriculture.
The Senate, having disposed of all the business on the-

JULY 14, 1881.
desk of the Secretary, adjourned, on motion, until ro o'clock a. m., to-morrow.

SENATE CHAMBER, ATLANTA, GA.,
Tuesday, July r4, 1881, IO o'clock A. M.

The Senate met pursuant to adjournment, the President

in the chair.

Prayer was offered by Rev. J. W. Heidt, D. D., Chaplain of the Senate.

On the call of the roll, the following Senators answered

to their names, to wit;

Baker, fiarksdale,
Brown, Butt, Byrd,
Daniel, Denmark,
Gorm>in, Guerry,

Harris. Jordan, Johnsm, King, McDaniel, l\Iattox, l\Ieldrim, :MoReley, Neal,

PPaayrnk~s, Price, Reid, Smitb of the 5th, Smith of the 15th, Smith of the 23d, Woodward
l\IR. PRESI{,EXT.

The ]ournal was read and approved.

Leave of absence was, on motion of Mr. Smith of the Twenty-third District, granted Mr. Storey for this day.

The following official communication from the Attorney

General of the State was submitted to the Senate by the

President, to-wit:

ATTORNEY GENERAL's OFFICE,

ATLA;\!TA, GA., July 13, r88r.

To the Honorable t!te Ptesident of the Smale and Speaker of the House of Represmtatives :

By direction of the General Assembly, I have carefully examined the revision prepared by Messrs. George N. Lester, Walter B. Hill and C. Rowell, of the Code of 1873, as far as it has been completed. It comprises all the statute law believed to be now of force in this State. when the acts which may be passed during the present session of the General Assembly shall have been added, the work will be finished.

52

JouRNAL OF THE SENATE,

I do not hesitate to state that if what remains to be

done is as faithfully performed as that submitted for my

examination, it will be as nearly accurate and complete in

all its parts, as any human undertaking can reasonably be

expected to attain.



It is believed that all those portions of the Code of 1873 -which have been repealed by subsequent legislation, or superceded by the Constitution of 1877. have been omitted ; and that every act of a general nature passed since 1873, occupies its appropriate place in the new revision. Pursuing the plan hitherto adopted in all cases of doubt, whether statutes have been repealed or are still of force, they have been retained, to be passed on by the Courts.

I have not had time since the work was submitted to me, to examine all the marginal notes of reference to the decisions of the Supreme Court, and tracing the history of particular legislation. I have formed my opinion of this part of it from numerous specimens submitted fo me by the reviewers.

On the whole, I cordially commend the new revision to the favorable action of the General Assembly. It is timely, if not absolutely necessary, and the demand for such a work is general, if not universal.

Very respectfully,

CLIFFORD ANDERSON,
Attorney- General of Georgz'a.

Under 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. Smith, of the Fifteenth District-
A bill to make penal the pointing or aiming fire-arms at another, whether loaded or unloaded, and to require Judges of the Superior Court to give the same in charge to grand juries ; and

}ULY 14, 1881.
A bill to repeal an act to prescribe the manner of incorporating towns and villages in this State, approved. August 26, 1872, and to repeal sections 774 to 797, inclusive of the Revised Code of 1873
Mr. Bond offered a privileged resolution, inviting the Hon. George M. Nolan to a seat in the Senate during hisstay in this city, which was read and agreed to.
On motion of Mr. Denmark, the rules were suspended for the purpose of reading bills the second time.
The bill to prescribe the fees of Sheriffs in this State, and to provide for the payment of the same, was read the second time, and passed to a third reading.
The following bills were taken up for a second reading, and, without being read, were withdrawn by the movers. with consent of the Senate, to-wit:
A bill to levy a tax upon pistols, and for other purposes; and
A bill to regulate the sale of pi~tols in the State of Georgia.
The following bill, which was taken up for a second reading, was, on motion, laid on the table for the present, without being read, to-wit:
A bill to regulate the payment of costs in criminal cases.
The joint resolution in relation to establishing an assay office at Dahlonega, Ga., was laid on the table for the present.
The bill to abolish the Boards of Jury Commissioners, as now established, and to substitute another board in lieu thereof, was taken up for a second reading, but, without being read, was, on motion, laid on the table for the present.
The bill of the House, to change the time of holding the Superior Courts of Laurens county, and to legalize the jurors already drawn for October Term, 188 I, was read the second time, and passed to a third reading.

54

} OURNAL OF THE SENATE,

On motion of Mr. Payne, the rules were suspended for the purpose of reading bills the third time.
The Senate took up as the report of the Committee of the Committee of the Whole, the bill to regulate the giving in of testimony by physicians and surgeons.
The Judiciary Committee, to whom the same was referred, recommended its passage by substitute of similar title.
The substitute was adopted.
.The report as amended was agreed to.
The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 24; nays, o.
The Senate took up, as the report of the Committee of the Whole, the bill to amend section 2390 of the Code of 1873
The Jlldiciary Committee, to whom the same was re-
ferred, recommended 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, 23 ; nays, o.
The Senate took up as the report of the Committee of the Whole, the bill to authorize the Jury Commissioners of the various counties of this State, when revising the jury boxes of their respective counties, to drop from the list, and exclude from the jury boxes, as jurors, the names of all persons who from any cause are disqualified by law to serve as jurots.
The Committee on the Judiciary, to whom the same was referred, recommended its passage by a substitute.
The substitute was adopted. The report, as amended, was agreed to.
The bill was read the third time and passed, as amended by a constitutional majority, there being ayes, 24; nays, o.

JuLY 14, 1881.

55

The Senate took up as the report of the Committee of the Whole, the bill to amend an act to confer additional powers and privileges upon purchasers of railroads, under the provi!"ions of an act, entitled an act to enable the purchasers of railroads to form corporations and to exercise corporate powers, and to define their rights, powers and privileges, assented to February 29, 1876, by giving to said purchasers time to finish said roads where the same are incomplete; said act approved December 5, 1878. This amendment to extend the time still further, in which to complete said roads, where the same are now incomplete.
On motion of Mr. Meldrim, the same was laid on the table for the present.

Under a suspension of the rules for the purpose, Mr. Parks introduced the following bill, which was read the first time, and referred to the Committee on the Judiciary, to-wit:
A bill to declare that the wife shall be a competent witness against the husband in all cases of assault and battery, committed upon the person of the wife by the husband.
Mr. Byrd, chairman of the Committee on Agriculture, made a report, which was read.
The joint resolution in relation to the establishment of .an Assay office at the town of Dahlonega, which was this day laid on the table for the present, was, on motion, taken therefrom and agreed to.

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

Resolved, That Senators Meldrim and Guerry be added to the joint committee to investigate and report on the lease of the Western and Atlanta Railroad.

Mr. Byrd offered a privileged resolution inviting Capt.

} OURNAL OF THE SENATE,
A. G. \Vest, of the county of Polk, to 'a seat on the floor of the Senate during his stay in the city.
The same was read and agreed to. The Senate took up as the report of the Committee of the Whole, the bill to define and declare who are subject to road duty in this State, and for other purposes. The Committee on Agriculture, to whom this bill was recommitted, recommended the passage thereof by substitute of the following title, to-wit : A bill to define and declare who are subject to road duty in this State, and to exempt certain classes of persons in this act named from such duty.
Mr. Guerry moved to amend the proposed substitute by striking from the first section thereof the following words, to-wit: "Also the members of volunteer corps actually in uniform and doing duty, and the field and staff officers of volunteer regiments and battalions in this State."
This amendment was agreed to.
Mr. Parks moved to amend the proposed substitute by adding to the first section thereof, after the word schools in the twenty-first line, the following, to-wit: "Also, pupils and students of colleges and schools while in actually attendance upon the duties of the school room."
This amendment was not agreed to.
Mr. Boynton moved to amend section I of the proposed substitute by adding after the word railroads, at the end of the second line of the second page, the words, to-wit: ''Officers and agents of railroads on duty, and persons actually engaged at work on railroads."
This amendment was not agreed to.
Mr. Denmark moved to amend the substitute by the following, to-wit : ''That all the exemptions in said bill mentioned, be stricken."
This amendment was lost.

57

Mr. Guerry proposed to amend section 2 of the substitute by addingthere to, the following words, to-wit: ''And no other persons except those provided in this act, shall be exempt from said duty."

Mr. Smith of the Fifth District, called for the previous question, which was seconded, and the main question was put, to-wit: First the proposed amendment by Mr. Guerry.
The same was agreed to.
The substitute, as amended, was adopted, in lieu of the original bill.
The report, as amended, was agreed to.

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

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

Baggs, Baker,
Barksdale, Brown,
Butt, Byrd, Denmark, Gorman,

Guerry, Harris,
Jordan, King, :\IcDaniel, :\Iattox,
~Ioseley,
Neal,

Parks, Payne, Price, Smith of the 5th
Smith of the 23d,
Woodward.

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

Daniel, Johnson,

illeldrim, Reid,

Smith of the 15th,
MR. PRESIDB:NT.

Ayes, 22. Nays, 6.

The bill, as amended, not having received a constitu.tiona! majority, was lost.

Mr. Parks gave notice of his intention to move a reconsideration of the foregoing bill.
On motion of Mr. Smith of the Twenty-third District, leave of absence was granted, for to-morrow (Friday) to the Committee on the Lunatic Asylum, to enable them to visit Gainesville.

58

JOURNAL OF THE SENATE,

Mr. Byrd offered the following resolution, which was read and agreed to, to-wit:
Resolved, That the President of the Senate appoint a committee of six to visit Athens, and attend the Commencement exercises of Frankling College, Wednesday next, in connection with a similar committee, appointed by the House of Representatives, the committee to defray their own expenses.
On motion of Mr. Payne, leave of absence was granted Messrs. Byrd and Price for Monday, Tuesday and Wednesday next, to enable them, as Trustees of the State U niversity, to attend the Commencement exercises of that institution.
The Senate. having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock A. M., to-morrow.

SENATE CHAMBER, ATLANTA, GA., Friday, July 15, 1881, 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, D. D., Chaplain of the Senate.

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

Bag:!.B, Baker, Butt, Byrd, Carter, Curtis, Daniel, Denmark, Duggar, Gorman, Guerry, Harrell,

Hawes, Hackett, Hicks, Jordan,
Kig, McDaniel,
.Mattox, 1\ic Whorter, Meldrim, Moseley, Neal, Parks,

Payne, Price, Reid, Smith of the 5th, 8mith of the 15th, Storey, S1ddath, Westbrook, Wilson, Winn, Woodward,
1\1R. PRESIDENT.

The Journal was read and approved.



jULY 15, 1881.

59

On motion of Mr. Parks, so much of the Journal of yesterday as relates to the refusal of the Senate to pass the bill to define anq declare who are subject to road duty in this State, and for other purposes, was reconsidered.

On motion of Mr. McDaniel, leave of absence for today and tomorrow was granted Mr. Barksdale, on account of sickness.
Mr. McDa,niel, chairman of the Committee on the 1u-
<liciary, made a report, which was read.

Mr. Me Whorter, chairman of the Committee on Enrollment, submitted the following report:

Mt. Presidmt:

The Committee on Enrollment report as duly enrolled, signed by the Speaker of the House of Representatives, and ready for the !:>ignature of the President of the Senate, the following act, to-wit:

An act to allow the Trustees of the Reformed Medical

College of Georgia to remove said college from Macon to

Atlanta.

R. L. McWHORTER, Chairman.

Mr. Price, in behalf of the Woman's Christian Temperance Union, submitted a petition for the enactment of a local option act for this State.

On motion of Mr. Price, the petition with its signatures, was unrolled before the Senate by its pages, and the Secretary read the petition for the information of the Senate.

Mr. Price moved that the said memorial be referred to
the Committee on the 1udiciary.

Mr. Winn offered as a substitute that it be referred to the Committee on Petitions.

This motion was accepted by Mr. Price, when Mr. Byrd offered the following resolution as a substitute for the pending motion of Mr. Winn, to-wit:

6o

JOURNAL OF THE SENATE,

Resolved, That the President appoint a special commit-

tee of one from each Congressional District to act with a

similar committee of the House to report upon Temper-

ance legislation.



The same was adopted as a substitute for the motion, and agreed to.

The President appointed by virtue thereof, the following committee, to-wit: Mr. Price, of the Ninth Congressional District ; Mr. Byrd, of the Set"enth ; Mr. Daniel, of the Fourth; Mr. Baker, of the Fifth; Mr. Harrell, of the Second; Mr. Johnson, of the First; Mr. Smith, of the Fifteenth Senatori~l District, for the Third ; :Mr. Reid, of the Sixth ; and Mr. Jordan, of the Eighth.

On motion of Mr. Parks, the bill this day reconsidered, was taken up for final action, to-wit:

A bill to define and declare who are subject to road duty in this State, and for other purposes.

The Committee on Agriculture, to whom this bill was recommitted, reported in favor of its passage by a substitute.

Mr. Guerry proposed to amend the substitute by striking from the first section thereof, the following words, to-wit.: "Also, the members of volunteer corps actually in uniform and doing duty; and the field and staff officers of volunteer regiments and battalions in this State."

On the ~uestion of agreeing to this amendment, Mr. Parks required the ayes and nays to be recorded.
Pending the call, Mr. Butt offered to amend as follows, to-wit : By striking out all of the first section after the word ''leg," in the twenty-fifth line, except the proviso to said section, insisting that his proposition took precedence of the pending amendment under the rules, inasmuch as it proposed to strike out a larger proportion of the bill than the amendment of Mr. Guerry.
The President overruled the point of order, ''because a

]uLY 15, r881.

6r

pending amendment to a paragraph cannot be supplanted by an amendment to strike out the paragraph."

The question recurred upon the amendment offered by Mr. Guerry, and the Secretary was directed to proceed with the call of the yeas and nays thereon.

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

Baggs, Baker, Butt, Byrd, Carter, Curtis, Daniel, Denmark, Duggar, Gorman,

Guerry, Harrell, Hawes, Hackett, Hicks, Johnson, King, McDaniel. Mattox,
McWhorter,

Moseley, Neal, Payne,
Price, Smith of the 5th, Storey, Snddath, Westbrook,
Woodward.

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

Jordan, Meldrim,
Parks,

Reid, Smith of the 15th,

Winn,
MR. PRESIDENT.

Ayes, 29. Nays, 7

So the same was agreed to.

On the question of agreeing to Mr. Butt, the ayes and nays were required to be recorded.

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

Baggs,
Baker,
Butt, Carter, Daniel,
Denmark, Guerry,
Hawes,

Hicks, Johnson, King, Mc.Whorter,
Meldrim, )loseley, Neal, Payne,

Price, Heid, Storey, Suddath, Winn, Woodward,
)lR. PRESIDENT.

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

Byrd,
Curtis, Gorman, Harrell,

Hackett, Jordan, McDaniel,
Mattox,

Parks, Smith of the 5th, Smith of the 15th, Westbrook.

Ayes, 23. Nays, 12.

The substitute was further amended as follows, on motion of Mr. Guerry, to.wit: By adding to section 2, the following words, to-wit: "And no other persons, ex.

62

JouRNAL OF THE SENATE,

cept those provided for in this act, shall be exempt from road duty."
The substitute, as amended, was adopted.

The report, as amended, was agreed to.

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

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

Baggs, Baker, Butt, Carter Daniel',
Denmark, Guerry, Hawes,

Hackett, Hicks, Johnson, King, Mattox, McWhorter, Moseley,

Neal, Payne, Price, Storey, Suddath, Winn, Woodward,

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

Byrd, Curtis, Gorman, Harrell, Jordan,

McDaniel, :\Ieldrim,
Parks, Reid,

Smith of the 5th, Smith of the 15th, Westbrook.
MR. PR&BIDRNT.

Ayes, 22. Nays, 13.

So the bill was lost.

Mr. Smith of the Fifteenth District, offered the following resolution, which was read and agreed to, to-wit:

Resolved, That when the Senate adjourn to-day, it adjourn to meet at 10 A. M., Monday next.
Under a suspension of the rules, the following bills were introduced, read the first time, and referred to the Committee on the Judiciary, to wit:
By Mr. CurtisA bill to repeal an act entitled an act to establish the State line between Georgia and North Carolina, so far as the same is the line between Rabun county in Georgia and Macon county in North Carolina, and to provide for the survey of the same.
By Mr. Gorman-

}ULY 15, 1881,
A bill to amend an act entitled an act to empower the Judges of the Superior Courts of this State to appoint or employ a reporter or stenographer in their Courts; to define the duties of such reporter or stenographer, fix hisfees, and for other purposes, approved February 25, 1876.
By Mr. GuerryA bill to repeal section 1097 of the Code. By Mr. Moseley-
A bill requiring the County Treasurers of the several counties of this State to make an itemized statement to the Grand Jury at the spring and fall terms of the Superior Court for each year.
By Mr. SuddathA bill to provide for the payment of the insolvent costs of Solicitors General in all counties, where there are County or City Courts, with jurisdiction to try misdemeanors.
Mr. Byrd offered the following bill, which was read the first time, and referred to the Committee on Agriculture, to-wit:
A bill to render more efficient and economical the in spection and analysis of fertilizers, and for other purposes connected with the sale of fertilizers in this State.
Mr. Meldrim introduced the following bill, which was read the first time, and referred to the Committee on Education, to-wit:
A bill to authorize the County Boards of Education, and the Boards of Education in the city of Savannah, and other cities of the State of Georgia, to require scholars to be vacinated before admission to the school.
The Senate, having disposed of all business on the desk of the Secretary, adjourned, on motion, under resolution, until 10 o'clock A. !'tl., Monday, the 18th instant.

JouRNAL oF THE SENATE,

SENATE CHAMBER, ATLA:\'TA, GA., Monday, July 18, 1881, 10 o'clock A. 1\f.

The Senate met pursuant to adjournment, the President in the chair. Prayer was offered by the Rev. W. R. Branham.
On the call of the roll, the following Senators answered to their names:

Baggs,
Baker,
Brown,
Bond, Butt,
Carter, Curtis, Daniel,
Denmark, Duggar,
Gorman,

Guerry,
Harris, Harrell,
Hawes, Hackett, Hicks,
Johnson, King, McDaniel,
Meldrim,
Moseley,

Neal,
Parks, Payne,
Reid, Smith of the 5th,
!Suddath, Treadwell,
Westbrook,
Wilson, Winn,
~IR. PRESIDENT.

The Journal was read and approved.

The following communication was laid before the Senate by the President, to-wit:

Hon. f S. Boynton, Presdent of tlu Senate :

At a regular meeting of the Executive Committee of

the International Cotton Exposition, it was resolved to in-

vite the members of your honorable body to visit Ogle

thorpe Park, to inspect the arrangements, there being

made, for the contemplated Cotton Exposition. Tuesday

19th inst., at 4 P. M., is the time designated, if agreeable to

your honorable body, at which time a special train will be

in waiting to convey the party to and from the grounds.

Please let us know at your earliest convenience, if the

time designated meets with the approbation of your hon-

orable body, and the invitation is accepted.

Very respectfully,

J. F. CUMMINGS,

Chairman Commi'ttee of Arrangements.

ATLANTA, GA., July 15, 1881.

}ULY 18, 1881.
On tpotion of Mr. Smith of the Fifth District, the communication was read, and the invitation was accepted.
On motion of Mr. Denmark, leave of absence was granted Messrs. Storey and Jordan, on account of sickness, and to Mr. Smith of the Fifteenth District, on account of important business.
On motion of Mr. Meldrim, leave of absence was granted Mr. Woodward during this morning.
On motion of Mr. Smith of the Fifth District, leave of absence was granted Mr. Smith of the Twenty-third District, on account of sickness in his family.
Mr. Hawes presented the following memorial of certain lessees of State convicts, which, on his motion, was read and referred to the Committee on the Penitentiary, to-wit:
To tlte Hmzorable tlte Smate and House of Represmtati'ves of the General Assembly of tlte State oj Georgia:
The memorial of the undersigned, Benjamin G. Lockett, of the county of Dougherty, State of Georgia, respectfully sets forth that he is the President of Penitentiary Company, ~o. 2 ; that he and his associate co-partners and colessees have, under the provisions of an act of the General Assembly of the State, approved February 25th, 1876, leased from the State a number of convict~, white and colored, male and female, for the term of twenty years ~ that they have expended large sums of money for the erection of suitable quarters for said convicts, for their necessary food and clothing, and for the proper number of officers and guards for their safe keeping; that they have entered into heavy bonds for the care, protection and humane treatment of said convicts, as is provided for in the act above recited, and that from the time of the signing and sealing of said contract with the State of Georgia, and the delivery -of the said convicts into their possession and control, they have spared no effort .in the way of time,
5

66

JouRNAL oF THE SENATE,

labor and money to pf!rform their part of the contract according to the letter and spirit of the Ia.>:.
This memorial further sets forth, that, on the 4th day of December, r8So, by resolution of the House of Representatives, a special committee composed of seven members of the House was raised, and empowered to visit and inspect the various penitentiary camps of the State, and to make a report at the present session.
The said committee has made such report, which has become an official document of the House, wherein, on the basis of charges of a variou~ and serious character, said committee has recommended the passage of a bill, which, in the opinion of your memorialists, materially changes the terms of contract between the lessees and the State, .and infringes upon the rights, powers and duties of your memorialist and his associates.
That said committee has specified in charge first, that the convicts are required to work from twelve to fifteen hours per day, and that sufficient time is not allowed them for rest and sleep.
In reply, your memorialist would suggest that but few working days have twelve or fifteen working hours. Furthermore, that, by established rule, the convicts, during the Fall, Winter and Spring months, are allowed from one hour to one hour and one-half at dinner ; and during the months of Summer, from three to four hours. That it would be impossible to work convicts before daylight, or after dark, and that for their safe-keeping, it is neces<oary that they be taken from the stockade and returned to the same in daylight, so the calculation of the number of hours of actual work can be readily computed.
Secondly, the committee charge a want of ventilation and dirty bedding. Your memorialist would reply to this by the statement that the thorough ventilation of the prison building is at the command of the convicts themselves. They can admit or exclude the air to suit them-

JuLY r8, r88r.

67

selves. The mattresses are not made of straw, but of cot ton. These are sunned, weather permitting, two or three times per week, and three times a year they are taken to pieces and thoroughly washed and overhauled.
The committee charge that all of the convicts are chained by one chain at night. The fact is, that only those convicts who are considered as extremely bad men are chained at all.
In reply to the complaints of the convicts through the committee, as to an insufficiency of water, your ~memo rialist would state that a very abundant supply of fresh water is kept within and without the building and stockade .at all. times, and the convicts are required to wa'Sh their faces and hands three times per day.
The committee, after indorsing the food as to quality, set forth the complaint of the convicts, that at times it is not is!>ued in sufficient quantity.
Your memorialist would state that the food is issued with particular uniformity, consisting of three-quarters of a pound of bacon per day, or from one pound to one pound and one-quarter of fresh meat, with bread and vegetables of all kinds without limit.
In reply to the charges of the committee as to medical superintendence, your Ji.emorialist would state, that the same physicians who attend the convicts attend his own family, and those of his neighbors in that section of the country, and are called whenever their services are required. As to the two convicts who were found to be sick by the committee, the fac1 s are as follows : One was taken sick a few hours before the committee arrived, had been given a dose of medicine, and went to work of his own volition on the following day. The other had been complaining for a day or two, but reported for duty the next day, without having been compelled to take any medicine at all. A sufficient answer to the complaints of convicts that they were compelled to work, and were

68

} OURNAL OF THE SENATE,

punished when sick and unable to do duty, is contained in the fact that it is the highest interest of your memorialist to keep his men in perfect physical condition, in order that their labor may be productive and remunerative.
At the camp of your memorialist there are negro guards and negro bosses, men of as much reliability and character as any white man who can be employed for the same duty. No boss is allowed to punish any convict, save in the presence and under the supervision of the manager, except to inflict slight punishment for trivial offenses.
The convicts are furnished with musical instruments, marbles and cards, to amuse themselves in their hours of recreation.
As to the three convicts charged as bc::ng held after their term of service had expired, your memorialists would state that in place of three convicts in this situation, there were six. Under the law, convicts are allowed one month in each year for good conduct; if their conduct is not good, they are not allowed this time, but are required to serve the full sentence of the court. Out of many discharges these six were retained for bad conduct, and the facts duly reported to the Chief Keeper of the Penitentiary.
Your memori<ilist has no knowledge of the whipping of a female convict, except in one instance, and that was not done in the presence of men. But one convict, to his knowledge, has ever been cruelly wNipped, and the party inflicting the punishment was at once discharged, though he was a man in other respects of very superior qualifications.
This disposes of the Dougherty county camp. Now as to the Richmond county camp. The committee charge that the camp is located in an unhealthy locality. It is located near the city limits of Augusta, and white families are living in good health within fifty yards of the camp, and there have been no deaths at this location. The convicts come out after daylight and go in again before darkbeing allowed two hours for meals.

}ULY 18, 1881.
Water is supplied by a pump in the barracks in the largest quantities, and is at the command of the convicts themselves. The physician in charge lives at Augusta, and is required to visit the camps three times a week, whether there is sickness or not, and in case of sickness, as many times a day as the necessity demands.
Nearly all pris)ners who came from close confinement are troubled with swelling of the lower limbs when first put to labor in the open air. And at this camp there have been recently received a l::trge per centum of convicts just from the jails. Dr. Foster, the physician in charge, has been applied to for a report in the case of the woman charged to have been forced to an abortion by overwork. The report, your memorialist respectfully asks leave to attach to this memorial as Exhibit D. The stripping and whipping of a woman in the presence of men has not come to the knowledge of any of the lessees, and has never occurred.
In regard to the hours of work at Cedartown camp, they are the same as the other camps referred to. So far as concerns convicts belonging to Penitentiary No. 2, none of them have been cruelly whipped at the Cedartown camp, except one, and the guard who did this was immediately -discharged for the act.
No convict was burned at the Cedartown camp, belonging to any of the lessees of the Georgia Penitentiary.
Upon inquiry we are informed that a county convict, controlled by other parties, was burned as stated, but the lessees of the Penitentiary had no power or control over him.
As an evidence of the humane and proper treatment of the convicts in every respect, your memorialist begs leave most respectfully to submit a comparison of the death rate taken indiscriminately from the official report of other States:

70

Jot.:RN.~L oF THE SENATE,

COXYIOTS.

I>&ATHS.

1879-80-l\lississippi............... 997...............189 or 9~ per cent.

1880-Texas..................... 3,577 ...............256 or 716 100 per cent.

1880-Aouth Carolina... . ... 618............... 30 or 5 per cent.

1879-80-Alabama............. ... . 929 ............... 60 or 3 per cent.

1cl80-l\fary1and............ ..... 714 .............. 19 or 2~ per cent.

1880-Massachusetts........... 7:j0 ..... .. ....... 18 or 2 40-100 per cent.

1880-Virginia.................. 997 ............... 20 or 2 40-100 per cent.

1880-Georgia................... 1,5i8............... 12 or ~of 1 per cent.

Thus Georgia shows the smallest per centage of death rate of any prison system, whose records your memorialist has been enabled to reach. The death rate of the world at large is about 3 per cent. Upon a review of these figures, it would appear that the Penitentiary system of Georgia, in every detail of labor, clothing, food, medical treatment and punishment, prese11ts a record which cannot possibly be improved upon by any legislation within the reach or power of the General Assembly.
Your memorialists would have yoc:r honorable bodies to receive the statements in this memorial as made under all the sanctity and responsibility of an oath.

Your memorialist would further state that his convict camps have constantly been under the supervision of the Chief Keeper of the Penitentiary, and the physician ap pointed by law, who have visited and thoroughly inspected them, and are thoroughly familiar with all of the details concerning~them. His Excellency, the Governor of the State, has also visited and inspected these camps, and is competent to furnish information on the subject to your bodies.
In addition, committees from three grand juries of the county of Dougherty, have visited the camps, inspected them, and made full reports thereon, and respectfully asks permission to attach to this memorial these several reports marked as Exhibits A, B and C.
Your memorialist is aware of the sensitiveness of the public mind as to the convict lease. Continual agitation

JuLY 18, 1881.

71

and baseless rumors and reports, have unduly inflamed and

agitated public attention. The report of the special com-

mittee, which contains the most serious charges, based

mainly on hearsay, is not likely to quiet public apprehen-

sion on this subject.

These charges are either true or false, and if true, can

be sustained and substantiated by indubitable evidence.

If true, they show the Penitentiary system of this State to

be an inhuman and unmitigated outrage, and the lessees of

the convicts to be inen unfit and unworthy of the charge

confided to them. But whether they be true or false, they

have already done serious damage to the fair fame of the

State, and to the good names of your memorialist and his

associates. The report of the Committee have gone to

the press and public at large as an official document, which

carries its own letter of credit with it.

Under the circumstances, your memorialist feels that it

is due alike to the State, to your honorable bodies, to him-

self and his associates, that a rigid investigation be had.

And to this end, for himself and in behalf of his associates,

he asks and prays for the strictest inquiry into this whole

matter, in such manner, and at such time as the General

Assembly may sec fit to order.

Your memorialist respectfully asks leave to attach to

this memorial all reports of grand juries, not now in his

possession, but which have been sent for, and your memo-

rialist will ever pray, etc.

BEKJ. G. LocKETT,

For lli'mseif aud lzis associates.

(ExHIBIT A.)
DOUGHERTY COU!\TY CAMP.
The commission appointed by this grand jury to investigate the management and condition of the Penitentiary in Dougherty county, have attended to that duty, and submit the following report :

}OURNAL OF THE SENATE,
The Penitentiary in this county is managed and controlled by Col. B. G. Lockett, one of the lessees of the State convicts under the present system of State laws governing the Penitentiary. He has about one hundred and eighty convicts, sentenced for \'arious terms, who are divided and located at three plantation camp3, viz : The Royston place, the White Hill place, and the Rawls place. The committee, by agreement, met at the Royston place at ten o'clock A. M., on Monday, 12th instant, and pro ceeded immediately to a thorough investigation of the treatment and management of the prisoners-the security, ventilation, cleanliness and healthfulness of their quarters, the regulation for work and rest, food and clothing, punishment for violations of rules, duty, etc. "\V e made sim ilar investigations at the White Hill and Rawls places, and closed our labors Tuesday evening, 13th instant. 'vVe confess our surprise and gratification at the result of our investigation. The prisoners are properly worked and guarded, well fed and clothed, and lodged in safe, clean and well ventilated apartments.
They received only such reasonable punishment as is necessary to secure proper discipline and compliance with the regulations for that purpose. They are allowed as much liberty and recreation as is consistent with the law and their proper security. At dinner time from one to two hours, and from dark until nine o'clock, the time of going to bed, they are allowed conversation with each other, and on Sundays, after the duties of thorough bathing and putting on clean clothing, are allowed the liberty of the large stockade yard around the Penitentiary building, for such proper recreation as they may desire.
Heretofore, the law since the present system was adopted has made no practical provision for preaching the gospel to the prisoners. When we notified them of the present provision of the law to permit preaching to them every Sunday, they expres!>ed their gratification, and their

Juu r8, r881.

73

anxiety for its commencement. We are informed by the foreman of the grand jury, whose duty it is to appoint a preacher for the convicts, that hf' will immediately perform the duty.

We think the law has been complied with by Col. Lockett in the management of the prisoners in his keeping. The investigation proves conclusively that Col. Lockett treats the prisoners with care, and directs them to report to him all complaints, of any character whatever. The prisoners have free access for rendering complaints, and if any exist, they are promptly remedied.
In conclusion, we congratulate the citizens of the county on the faithful administration of the law for the government of the Penitentiary convicts in our county, and its marked beneficial influence in restraining crime, and we congratulate Col. B. G. Lockett on his admirable system of management and success which are attending his efforts. In these camps not one was sick, and but one, a white man, not well enough to be at work. Col. Lockett's three plantations worked by the prisoners are models of good management and good farming, which are not surpassed in the county.
We desire to call the attention of the Principal Keeper of the Penitentiary to the law relative to the furnishing of prisoners with religious books; if the law does not authorize any such books, we ask that he shall call the attention of the Legislature to the subject.

C. M. MAYO, Clzairman. H. F. HARRIS, F. F. PUTNEY,
c. w. ARNOLD,
}. K. KING,
NELSON TIFT, Committee.

The foreman of this jury has appointed Rev. Howard Bunts, colored, Chaplain to the Penitentiary.

74

]OURXAL OF THE SENATE,

(EXHIBIT B.)
AUGUSTA CAMP.
We have made two visits to the convict camp, one of which was without warning or notice to the lessees. We find between sixty and seventy of them employed at brickmaking ; they work by tasks, and believe that these tasks are properly regulated. Some of them, by working extra time, are enabled to accumulate money.
Their quarters are fully sufficient for their accommodation, clean and well kept, and the only suggestion we deemed proper to make was in reference to the ventilation of the building, and this we were assured, would be at once carried into effect.
The clothing and food supplies are ample, a regard being paid to the season in both. The convicts were offered full opportunity to make complaints to us, but, without exception, they expressed themselves satisfied with the treatment they received. They are cared for in case of sickness by a competent physician, and the health of the camp seemed to be excellent.
The police regulations, while strict, are not more so than is necessary to preserve good order and prevent any attempt at escape.
\Ve believe that it will be of benefit to the lessees, as well as the convicts, if the proper authorities would _appoint a committt>e of three well known and substantial citizens, whose duty it shall be to visit the camp at such times as they shall see fit, and makt: their report to the Court. In this way irregularities may be ascertained at once, if any should exist, and full justice done both. lessees and convicts. Therefore, we recommend that such appointment be made.
We would state that we were accompanied in our visit to the convicts by three well-known citizens, Messrs. Thomas B. Phinizy, W. H. Barrett and W. Daniel.

JuLY 18, 188 r.

75

(ExHIBq C.)
THE CONVICT CA~Il' AND COKVICT LABOR.
The following citizens were appointed in conjunction with a committee of the grand jury, as the law directs, to visit and examine the convict camp and report thereon, towit: Professor J. A. A. West, Messrs. C. S. Plank and \Vm. M. Read. This committee, after a most thorough and searching examination of said camp, and a free ar.d full conversation with the convicts in regard to labor and food, are fully satisfied with the management and condition of said convicts. The sexes are kept entirely sepa rate ; the tasks imposed are reasonable and generally easily performed, an extra allowance being paid to the workers after the regular working hours, Messrs. Bondurant, Jopling & Co., the lessees, paying out an average of about $10 weekly in this way. The food the prisoners receive is good, well cooked, and sufficient. Their quarters are com fortable and free of vermin, the lessees having offered a reward for the discovery of anything of this kind, and not having been called on to pay it yet. The bedding is sufficent ; and, while strict discipline is maintained, the prisoners are kindly and humanely dealt with, as far as we could learn. In short, our examination has been entirely
sati'sfactory to us, and we have only to recommend that the
prisoners be furnished with fresh vegetables as frequently as possible. The chaplain, Rev. \:Vm. B. Walker, and the physician of the camp, Dr. Eugene Foster, are faithful and attentive in the discharge of their duties, accomplish. ing much good in their respective spheres.
In this connection, we respectfully request our Senator and Representatives in the Legislature to use their influence in securing the passage of a bill, if practicable, giving to this county, if not to all the counties in the State, the penitentiary convicts sent therefrom. The expenses of of conviction are borne by the people of the respective

JouRNAL oF THE SENATE,
counties, and to them, in our judgment, the benefits of convict labor should accrue. This labor employed in this county, alternating between the city and the country, wou'd not only prove a measure of great economy, but of vast utility in the improvement of our streets and roads, and we, therefore, earnestly ask the attention of our Sen ator and Representatives to this suggestion, with the sincere hope that they will interest th~"mselves in its success. ful accomplishment.

AUGUSTA, GA., July I4, r88I.

JW'cssrs. Bondurant, Jopling & Co.:

Gentlemen-! take pleasure in complying with your re quest, that I furnish you a full statement of the circumstances attending the abortion of Milly Wilson, a colored woman, a prisoner in the Georgia Penitentiary. Milly vVilson had been sick with malarial fever for several days, when she had an abortion. In my opinion this fever caused the abortion. She had been kept in the hospital (woman's) for six weeks, (with exception of only one week,) under treatment for wound of hand, prior to abortion. During the time she was in quarters she did no work of any kind. The week she was at work she did nothing but grease a brick machine-a work so light that an eight-year-old boy would not complain of it. During the time I have had professional charge of this camp -now in second year-I have examined nearly every prisoner therein to see if they were improperly whipped. I have never detected a scar, or the mark of the strop, on a single one of them. In my opinion, all demands of justice and humanity are met at this camp.

Respectfully,

EuGENE FosTER.

JuLY ~~. 1881.

77

(ExHIBIT D.)

DouGHERTY SuPERIOR CouRT, APRIL TEKM, x881, April 22, 1881.

'vVe, the grand jurors, chosen and sworn for the April

Term, r88r, of Dougherty Superior Court, beg leave to

make the following general presentments:

*

*

*

*

*



'vVe appointed a competent committee of jurors and citi-

zens in compliance with the law, to visit the Penitentiary

convict camps, located in this county, and known as Peni-

tentiary No. 2, and they submit the following report:

To t!ze Honorable Grand fury of Douglzerty County Supenor Court, April Term, 188 I :
Mr. Foreman and Gentlemen-Your joint committee of jurors and citizens appointed to visit that portion of the Georgia Penitentiary located in this county, and leased to Col. B. G. Lockett, beg leave to submit the following report:
We visited the plantations of Colonel Lockett, known as the Royston, White Hill and Rawls places, on the I 3th and 14th days of this month. We were kindly received by Col. Lockett's agent, at each place, and afforded every facility for investigating the condition of the convicts under their charge. We found that the lessee was carrying out his contract with the State in good faith-every appointment on his premises is arranged to insure the comfort, health, and humane treatment of his prisoners. The stockades are not only secure, but roomy, clean, well located and ventilated. The bedding is kept in good order for comfort and health, the food furnished is wholesome in quality, clean in preparation, healthful in variety, and plentiful in quantity. The sick are duly cured for, being released from labor, nursed kindly, and when necessary, attended by a competent physician. Religious services

}OURNAL OF THE SENATE,

are held monthly in each camp by a properly appointed chaplain, upon which all the convicts are required to attend, the general discipline is excellmt and calculated to permanently benefit, as well as judiciously punz'sk the criminal. In short, after careful inquiry into every conceivable subject connected with the welfare of the convicts, we are glad to report the entire management as creditable to the lessee, and an endorsement of the wisdom of the State in adopting this mode of punishment.

In conclusion, we urge upon the grand jury the necessity of forwarding a petition to the Governor, for the pardon of Reubon Chambers, colored, charged with stealing bacon from Tift's warehouse. We have good reason to believe the said Chambers innocent of the crime of which he is charged, and is unjustly punished. We suggest you appoint our Solicitor- General to take the case in hand, collect facts, proceed in proper form, and release the said Chambers of

the injustice done him as soon as practicable.

Respectfully submitted.

(Signed,)

THOS. }. I. PATILLO, .
J. T. HESTER,
JAMES K. KING,
B. M. CROMWELL,
A. M. wILLIAMS,
s. P. SALTER, *
. LEONARD E. WELCH,
Foreman.

I certify that the foregoing is a true and exact extract from the minutes of Dougherty Superior Court.

Given under my hand and seal of said Court, this 15th

of July, 1881.

W. P. BURKS, Clerk.

CLERK's OFFICE, SuPERIOR CouRT, DouGHERTY Co., GA.

JuLY 18, 188r.

79

Mr. Moseley offered the following privileged resolu tion which was read and agreed to, to-wit:

Resolved, That the Hon. 'vV. S: Erwin, of the county of Habersham, be invited to a seat upon the floor of the Senate during his stay in this city.

Mr. Butt offered the following privileged resolution, which was read and agreed to, by a majority offoudifths, as required by the rules, to-wit:

Resolved, That the use of the Senate Chamber be tendered to Francis Fountaine, State Commissioner of Land and Immigration, on Wednesday evening, July 27, that he may address the General Assembly on the practical results of his efforts.
Mr. McDaniel, chairman of the Judiciary Committee, made a report on certain bills, which was read.

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

Mr. Preszdent:

The House of Representatives has passed the following bill, to-wit :
A bill to be entitled an act to authorize the Mayor and Council of the town of Butler, in Taylor county, to levy and collect taxes for the purpose of establishing and maintaining schools in said town.
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. ButtA bill to declare the true intent and meaning of section 610 of the revised Code of Georgia.
By Mr. CarterA bill to give notice of trial to road defaulters.

8o

JouRNAL oF THE SENATE,

By Mr. Parks-
A bill to amend section 2048 of the Code of 1873 ; and
A bill to regulate the practice in carrying pauper cases to the Supreme Court of this State.
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 Laurens county, and to legalize the jurors already drawn for October term, 1881.
The report was agreed to. The bill was read the third time, and passed by a constitutional majority, there being ayes, 29; nays, 1.
Mr. Bond offered the following resolution, which was read and agreed to, to-wit:
Resolved, That the Superintendent and members of the Board of Trustees of the Lunatic Asylum be invited to seats on the floor of the Senate during their stay in the city.
Mr. Baker offered a resolution inviting Hon. James S. Blount to a seat on the floor of the Senate during his stay in the city, which was read and agreed to.
The Senate took up as the report of the Committee of the Whole, the bill of the Senate to prescribe the fees of sheriffs in this State, and to provide for the payment of the same.
The Judiciary Committee, to whom the same was referred, recommended that it pass by substitute.
The substitute was adopted. The report, as amended, was agreed to. The bill was read the third time, and passed, as amended, by a constitutional vote, there being ayes, 29; nays, r.
On motion of Mr. McDaniel, the rules were suspended,. when, on this further motion, the Secretary was directed to transmit, at once, to the House of Representatives, the bill of the House, passed this day, to change the time of
holding the Superior Court of Laurens county, and to.

JuLY 18, l881.

81

legalize the jurors already drawn for the October term, 188 I.
The following bills were read the second time, and passed to a third reading, to-wit:
A bill to require all conditional sales of personal property to be evidenced in writing, and for other purposes.
A bill declaring persons who cannot read and write, incompetent to serve as P.lection managers.
A bill to amend section 4355 of the Code of 1873.
A bill for the more certain levy and collection of the county tax in this State.
A bill to amend section 4612 of the Code of 1873.
A bill to make penal the pointing or aiming of firearms at another, whether loaded or unloaded, and to require Judges of the Superior Court to give the same in charge; and
A bill to prescribe the fees of Clerks of the Superior Courts in this State, and to provide for the payment of the same.
The following bills, which were taken up for a second reading, were withdrawn, with the consent of the Senate, to-wit:
A bill to repeal an act entitled an act to prescribe the manner of incorporating towns and villages in this State, approved August 26, 1872, and to repeal sections 774 to 797, inclusive, of the revised Code of 1873; and
A bill to amend section 4572 of the Code of 1873. The bill to amend an act providing for setting apart homesteads and exemptions, for the sale thereof, and investment of the proceeds to the same uses, etc., was taken up for a second reading, under adverse report of the Committee on the Judiciary. The report was agreed to, and the bill was therefore lost.
6

82

JouRNAL oF THE SENATE,

The bill of the House to authorize the Mayor and Council of the town of Butler, in Taylor county, to levy and collect taxes for the purpose of establishing and maintaining schools in said town, was read the first time, and referred to the Committee on the Judiciary.
Leave of absence was granted Mr. Meldrim for to-morrow.
On motion of ::\fr. Butt, the following bill was taken from the table, to-wit:
A bill to amend an act entitled an act to confer additional powers and privileges upon purchasers of railroads under the provisions of an act entitled an act to enable the purchasers of railroads to form corporations and to exercise corporate powers, and to define their rights, powers and privi:eges, assented to February 29, 1876, by giving to said purchasers time to finish said roads, where the same are incomplete; said act approved December 5, 1878. This amendment to extend the time still further in which to complete said roads where the same ar<! now incomplete.
The Senate took up as the report of the Committee of the Whole, the foregoing bill. The same having been referred to the Committee on Internal Improvements and Railroads, was reported back with the recommendation that it pass with the following amendments, to-wit:
By adding the following to the first section: " Or in any way to affect an act entitled an act to authorize the lease or sale of the Macon and Brunswick Railroad, and to confer certain chartered powers and privileges upon the lessees of said road ; to build extensions of the same from Macon to Atlanta, from Brunswick to the Florida line, and from Hawkinsville or Eastman to Americus, and toappoint commissioners to run the same, and to prescribe their powers and duties, and for other purposes, approved September 3d, 1879; or in any way to affect an act en.titled an act to alter and amend an act entitled an act to authorize the lease or sale of the Macon and Brunswick Rail-

}ULY 19, 1881.

8~

road, and confer certain chartered powers and privileges upon the lessees of said road to build extensions of the same from Macon to Atlanta, from Brunswick to the Florida line, and from Hawkinsville or Eastman to Americus, and to appoint commissioners to run the same and prescribe their powers and duties, and for other purposes, approved Sep~ember 3, 1879 ;" said last recited act being approved October 14, 1879 And by adding the following to the second section, to-wit : " Except as provided in section 1 of this act."
The amendments were adopted as the report of the Committee on Internal Improvements and Railroads.
The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority, there being yeas, 29; nays, 1. The Senate, having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock A. M., to-morrow.

SENATE CHAMBER, ATLANTA, GA., Tuesday, July 19, r88r, 10 o'clock A. M.

The Senate met pursuant to adjournment, the President

in the chair.

Prayer was offered by Rev. J. W. Heidt, D. D., Chap.

lain of the Senate.



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, Gorman, Guerry,

Harris, Harrell, Hawes, Hackett, Hicks, Johnson, King, McDaniel,
McWhorter, Moseley, Neal, Parks, Payne,

Reid, Smith of the 5th, Smith of the 15th, Smith of the 23d, Storey, Suddath, Treadwell, Westbrook,
Wilson, Winn, MR. PBBSIDBNT.

JouRNAL OF THE SENATE,
The Journal was read and approved. On motion of Mr. Moseley, leave of absence was granted Mr. Mattox, on account of sickness. On motion of ~1r. Byrd, leave of absence was granted Mr. Baggs on account of important business. The President submitted to the Senate the following .communication, which was read, to-wit:
MARKHAM HousE, ATLANTA, GA., July 19, r88r.
Hon. J S. Boynton, President of tlte Smate :
DEAR SrR: In behalf of the National Educational Asso ciation, now sitting in DeGive's Opera House, I most cor dially invite you, and through you, the members of the Senate, to attend our sessions as often as your public duties will permit
The Association holds three sessions daily-morning, afternoon and evening.
Most respectfully, your obedient servant,
]AMES H. SMART, President.
Mr. Gorman, chairman pro tem. of the Committee on Enrollment, submitted the following report :
Mr. Prest'dent:
The Committee on Enrollment report as duly enrolled, signed by the Speaker of the House of Representatives, and ready for the signature of the President of the Senate, the following act, to-wit :
An act to change the time of holding the Superior Court of Laurens county and to legalize the jurors already drawn for October Term, r88 r.
W. R. GORMAN, Ckat'rman.
Mr. McDaniel, chairman of the Committee on the ]udiciary, made a report on certain bills, which was read.

}ULY I9, I88I.

ss

Mr. Byrd offered the following privileged resolution, which was read and agreed to, to wit:
Resolved, That Professor W. 0. Conner, Principal of the Deaf and Dumb Asylum of Georgia, be tendered a seat upon the floor of the Senate during his stay in the city.

Mr. Smith of the Twenty-third District, offered the following privileged resolution, which was read and agreed to, to-wit:

Resolved, That Hon. R. Mumfort be invited to a seat on the floor of the Senate during his stay in the city.

Mr. Hawes, chairman of the joint special committee, appointed on the subject of the State Capitol, etc., made the following report, which was read, and on motion of Mr. Byrd made the special order for Thursday, the 2 Ist instant, at I I o'clock A. M., and that one hundred copies be printed for the: use of the Senate :

Mr. Presz'dent:
The joint committee appointed by the present General Assembly to confer with the City Council of Atlanta in regard to arrangements for building a Capitol in the City Hall lot, respectfully submit the following report, accompanied with the resolutions hereto annexed. The committee, after giving the resolution that consideration which its importance demanded, reached the conclusion that its leading object was to secure an equitable adjustment of the differences existing between the State of Georgia and the city of Atlanta, growing out of what is known "as the proposal of the Mayor and Council of the city of Atlanta to convey to the State a site upon which to build a Capitol, and to erect thereon a Capitol as good as the one at Milledgeville." Acting under this construction of the resolution appointing them, your committee has in the main directed the investigation towards what they conceived to be the best plan for a fair and final settlement of this important

JouRNAL oF THE SENATE,
question. We had before us the repor,t of the CommtS sioners appointed by the General Assembly of this State under a resolution approved August 15th, 1879, and find that those Commissioners estimated the value of the Capitol building at Milledgeville at the sum of eighty five thousand dollars; without expressing any opinion as to this estimate, we find that the city was not a party to this transaction, had no part in it, and in the opinion of your committee is neither legally nor morally bound thereby.
Upon conferring with the Mayor and Council, we find them insisting that they were without notice of this estimate until the report of the Commissioners was submitted to the present General Assembly, and therefore had no opportunity of accepting or rejecting the estimate thus fixed; but, be that as it may, it is the opinion of your Committee, that had they been given timely notice, and then remain silent, they Gould not be held concluded or bound, because they were not parties to the appraisement, it being simply an ex parte proceeding upon the part of the State. Upon an examination of the fourth section of the resolution of August the 15th, 1879, you will find that the Commissioners were to ascertain what it would cost to build a Capitol building as good as the one at Milledgeville, and if the Commissioners and the Mayor and Council could agree, then the Commissioners were to accept the sum agreed upon in full satisfaction of the proposal of the city to build a Capitol, but in the event they failed to agree, then the Commissioners were to select one competent person, the Mayor and Council one, and the two thus selected were to select a third, and these three persons, after giving twenty days' notice to the Commissioners and to the Mayor and Council, were to examine into all the facts. assess what sum, in their judgment, should be paid by the Mayor and Council in lieu of their proposal to build a Capitol, and the assessment thus made should be final and conclusive. Your Committee, upon examination, find that the provisions of

this section were I)Ot complied with, and as a legal conse-quence, the appraisement of the Commissioners cannot be held good and binding upon the city (see resolutions on pages 42 r, 422, 423 in the published act of the Legislature of 1878-'79, fourth section of resolution.)
The appraiseme11t of the Commissioners .being disposed of, our attention was directed to the best plan for a settlement of this question ; and, with this end in view, we held a conference with the Mayor and Council, and it gives us pleasure to state that we found them ready and willing to comply fully with their propo:;ition to the people of this State-no disposition to dodge or evade-but a determination to perform cheerfully all they had promised. They met the Committee in a spirit of liberality, and submitted a proposition, dulyGauthenticated, a copy of which is hereto attached, marked Exhibit A, on which they propose an appraisement of the Capitol building at Milledgeville, at which appraisement the State and the city are to be represented upon equal terms, and the appraisement thus made to be final, conclusive, and the money to be paid into the treasury whe'lever the State shall commence the construction of a new Capitol building. This, in our judgment, is fair and equitable-a J->roposition the State cannot afford to reject. We, therefore, recommend its acceptance, that when the State purchased the present Capitol building, there was a mortgage against the build ing for about eighty thousand dollars, that the city paid -off this mortgage, and had the same transferred to the authorities of the city, with the understanding that said mortgage was never to be enforced against the building so long as Atlanta remained the capital of the State. We find this to be a matter of record in the Comptroller-Ge n eral's office, and we attach hereto a certified copy of the action of the City Council of Atlanta touching this matter. It is the opinion of your committee that this is a satisfactory disposition of the mortgage in question.

88

] OURN.o\L OF THE SENATE,

\Ve herewith attach resolutions covering the recommendations in this report, and move their adcption.

(Signed,)

A. L. HAWES, Clzairman.
J. WILL WINN,
Committee of tlze Senate.
F. P. RICE,
c. F. FOSTER,
H. M SAPP,
Of tlte House.

Resolved, That the proposition submitted by the Mayor apd Council of the City of Atlanta to this committee, for the appraisement of the Capitol ~uilding at Milledgeville be, and the same is hereby, accepted, and that his Excellency, the Governor of this State, !ihe President of the Senate, and the Speaker of the House of Representatives, select one competent person , and the Mayor and Council of the City of Atlanta select one competent person, and the two persons thus selected to select a third person, and the three persons thus selected, after giving five days' notice to the Governor, President of the Senate and Speaker of the House of Representatives, and the Mayor and Council of the City of Atlanta, they shall proceed to assess the value of the Capitol building at l\1illedgeville, and the assessment thus made shall be final and conclusive, and the sum at which the said property is appraised shall be, by the Mayor and Council of the City of Atlanta, paid into the State Treasury, so soon as the State shall commence the construction of a new Capitol building.
Resolted, That the original proposition submitted by the Mayor and Council of the City of Atlanta to this committee, relating to the appraisement of the property at Milledgeville, a copy of which is hereto attached, be placed on file in the Executive office.
Resolved, That the appraisers appointed in conform_ity with the first of the foregoing resolutions, be, and they are

}ULY I), 1881.
hereby requested to discharge the duties devolving upon them by virtue of their appointment, and report their action to this General Assembly within twenty days from the date of their appointment.
(EXHIBIT A.)
RESOLUTIO~ BY ALDERMAN GOODWIN.
vVHEREAS, in pursuance of the proposition of the City of Atlanta, made through the Mayor and General Council in 1877, to furnish to the State of Georgia the City Hall Square, 'or any other ten acres of unimproved land withm said city, for a Capitol site, and to erect thereon a Capitol building as good as the old Capitol building at Milledgeville, said City of Atlanta has heretofore executed a deed of conveyance of said City Hall Square, worth, at the lowest, one hundred thouc;and dollars, to said State, which has been accepted by the latter:
And whereas, said city has not found it practicable, in consideration of release from all or. further obligation as to the erection of such said building, to purchase for the State the additional grounds adjacent to the City Hall Square heretofore indicted by the General Assembly; and whereas, the appraisement of the old Capitol building at Milledgeville,.at the sum of eighty-five thousand dollars, made by the Commissioners on the part of the State, is, in the judgment of the Mayor and General Council of said city, largely in excess of the true and real value there.lf; and whereas, said city was not represented in the making of said appraisement, and the same, not having b..:en heretofore expressly accepted or rejected by said city; therefore,.be it
1. Resolved, That said city, by its Mayor and General Council, hereby expresses its disagreement to the valuation and appraisement of said old Capitol building at Milledge-

} OURNAL OF THE SENATE,
ville at the sum of eighty-five thousand dollars, as made by said Commissioners on the part of the State.
2. Resolved, jitrther, That said city hereby reaffirms its willingness and readiness to erect, on said City Hall Square, for the use of tl)e State, a Capitol building as good as the old Capitol building at Milledgeville.
3 Resohed, furtlw, That should the State prefer, in lieu of the proposition contained in the foregoing second resolution, that said city .should contribute and pay to the State the true and real value of the old Capitol building at Milledgeville ; then, in that event, said city hereby expresses its readiness to do so when represented in the valuation and appraisement of said building on terms of equality and mutuality with said State, said appraisement to be conclusive between said city and State. Provided, That the appraised value of same shall not bepaid by said city to the State until the actual construction of said Capitol building is commenced by the State on said City Hall Square.
4 Resolved, That, in the event, either the second or third resolution above, or the proposition contained therein, shall be accepted by the State, then we request of the Legislature the passage of a bill authorizing the Mayor and General Council to issue bonds in an amount sufficient to defray the expenses of constructing the Capitol building, or to pay the appraised value of the old Capitol building at Milledgeville.
5. Resolved, further, That a copy of the foregoing resolutions, under the hand of the Clerk and seal of the city, be transmitted to the joint committee of the General Assembly, having the subject matter under consideration.
I certify that the above is a correct extract from the minutes, and that the above preamble and resolutions

JuLY 19, 1881.

were adopted by the Mayor and Council, and concurred in by the Aldermanic Board, July 12th, 1881.

City } { Council

j
l

Seal, Atlanta, Ga.

}

J. H. GoLDSMITH, Cz'ty Clerk.
J. W. ENGLISH, Mayor.

ATLANTA, GA., July 16th, 188 L

I do hereby certify that the above is an exact copy of ilie original now filed in this office.

(Signed,)

W. A. WRIGHT, Conzptrollet- General.-

(EXHIBIT B.)
S. B. SPENCER, Mayor. } CITY CLERK's OFFICE,
FRANK T. RYAN, Clerk. ATLANTA, GA., Jan. 27, 1879.

At a called meeting of the Mayor and Council held in the Recorder's Court Room, January 26th, 1874, the subjoined resolution was unanimously adopted, and a committee consisting of his Honor, Mayor S. B. Spencer, Aldermen Ellis, Flynn and Keely, were appointed to wait f>n his Excellency, Governor Smith, and inform him of the act!on of the Mayor and Council, viz. : by Alderman McMillan : be it

Resolved by the Mayor and Counc1, That the Mayor and Council will protect the State of Georgia against the mortgage upon the Capitol building by taking a transfer ~hereof to the Mayor and Council of Atlanta; so long as the Capitol remains at Atlanta said mortgage debt shall mever be claimed from the State, or out of said property.

I certify that the above is a true extract from the regular minutes of the Mayor and Council of the City of Atlanta.

(Signed.)

FRANK T. RYAN, Cz'ty Clerk.

JoURNAL OF THE SENATE,
The Senate took up the report of the Committee of the Whole the bill to amend section 4612 of the Code of 1873.
The report was agreed to.
The bill was read the third time and passed by a constitutional majority, there being ayes, 3 I ; nays, !.
The Senate took up as the report of the Committee of the Whole, the bill declaring persons who cannot read and write incompetent to serve as election managers.
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 Committe of the Whole, the bill to require all conditional sales of personal property to be evidenced in writing, and for other purposes.
The same having been referred to the Judiciary Committee, was reported back with the recommendation that it pass by a substitute.
The substitute was adopted. The report, as amended, was agreed to. The bill was read the third time and passed, as amended by a constitutional majority, there being ayes, 32; nays, o. The Senate took up for a third reading the bill to make penal the pointing or aiming of fire-arms at another, etc. Amendments were offered thereto by Mr. Wino and Mr. Hackett, and recommitted, on motion, with the proposed amendments, to the Judiciary Committee. The Senate took up as the report of the Committee of the whole the hill for the more certain levy and collection of the county tax in this State. The report was agreed to. The bill was read the third tirne and passed by a constitutional majority, there bein!?' ayes, 26 ; nays, o. The Senate took up as the report of the Committee of

jULY 19, I88I.

93

the Whole the bill to amend section 43 55 of the Code of 1873, which relates to the punishment of beastiality.
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 prescribe the fees of Clerks of the Superior Court in this State, and to provide for the payment of the same.

The Judiciary Committee recommended that the bill pass with the following amendments, to wit:

Amend section I by striking in paragraph 5 the words,

"'

''each plea," and inserting in lieu thereof '' all pleas in ~ny case."

Amend paragraph I I by adding the words, '' and re cording proceedings in the case."

Amend paragraph 13 by striking out "$2 oo" and inserting in lieu thereof '' $5 oo."

Amend by striking out "paragraph 48," which provides for payment of costs in divorce suits in advance.

Amend by adding to said section additional paragraphs,
as follows: " For change of name, recording proceedings, $5 00..,

"For examination of record and abstract of result, $2 00."
Amend further, by striking out '' paragraph 5I."

Amend paragraph 52, by striking out and inserting, so as to read : "For service in docketing and entering bills o{ indictment or presentments on minutes, in case of nolle prosequ, $4 oo. "

Amend paragraph 53, by striking and inserting, so as to read as follows: ''For service in said cases, where defendant is tried or pleads guilty, or there is settlement, $6 00."

The amendments were adopted.

The report, as amended, was agreed to.

94

JouRNAL oF THE SENATE,

The bill was read the third time and passed, as amended. by a constitutional majority, there being ayes, 29; nays, J..
The following communication was received from his Excellency, the Governor, through Mr. Warren, his Secretary, towit:

Mr. President:

I am directed by his Excellency, the Governor, to deliver to the Senate a communication in writing, with accompanying document.

The bill to require all persons owning wild or improved lands in this State, to return the same in the county where lb the land lies, was taken up for the third reading, and, om motion, laid on the table for the present.

The following bills, taken up for a second reading, were withdrawn by consent of the Senate to-wit :

A bill to provide a legal mode of defense to tenants. where landlords have foreclosed their liens before due.
A bill to amend an act to empower Judges of the Superior Court to appoint a reporter, or stenographer, etc. ; and
A bill to declare the true intent and meaning of sectioR 610 of the Revised Co~e of Georgia.
The following bills, reported upon adversely by the Judiciary Committee, were taken up for a second reading. the reports thereon agreed to, and the bills were lost, towit:
A bill to amend an act to prescribe the fees of Solicitors in the County Courts, where the same are not now provided for by law, approved October 15, 1879.
A bill to repeal an act entitled an act to exempt the wages of journeymen mechanics and day laborers from the process of garnishment ; and
A bill requiring the County Treasurers of the several counties of this State, to make an itemized statement to

}ULY 19, 1881.

9S

the grand jury at the Spring and Fall terms of the Supe-

rior Court for each year.

The President announced as the committee to visit

Athens, and attend the Commenement exercises of the

State University, .Messrs. Meldrim, Butt, Payne, Reid,

Westbrook and Parks.

The following bills were read the second time, and passed

to a third reading, towit:

A bill to make it a misdemeanor for any person to go to

a place where the people have assembled for Divine wor-

ship, or a literary or Sunday School celebration, while in-

toxicated, etc.



A bill to amend section 2048 of the Code of 1873.

A bill to declare that the wife shall be a competent wit-

ness against the husband in all cases of assault and battery

committed upon the person of the wife by the husband;

and

A bill to give notice of trial to road defaulters.

On the call of the roll, the following bills were intro-

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

Committee:

By Mr. StoreyA bill to provide for the collection of insolvent tax executions..

By Mr. GuerryA bill to relieve tax collectors and receivers of the various counties of this State from attending any place or places for receiving or collecting taxes, except such as may be designated by . Ordinary or County Commis sioners.

Mr. Hackett introduced the following bill, which was read the first time, and referred to the Committee on Education, to-wit:
A bill to alter and amend the public school system of this State; to abolish the office of County School Com-

JouRNAL oF THE SENATE,
missioner, and to provide for the election of Public School Trustees for each militia district in the State; to define their duties, and for other purposes.
Mr. Daniel introduced the following bill, which was read the first time, and referred to the Committee on the Judiciary, to-wit :
A bill to amend section 27 58 of the revised Code of Georgia, and to give Ordinaries, Notaries Public and Justices of the Peace the same power to execute, enforce and decide all issues in relation to Court contracts that are now exercised by the County Courts of this State.
Mr. Guerry offered the following privileged resolution, which \Vas read and agreed to, to-wit:
Resolved, That Prof. John Neely be invited to a seat on the floor of the Senate during his visit to the city, in attendance on the National Educational Convention.
Mr. Gorman offered the following privileged resolution, which was read and agreed to, to-wit.
Resolved, That Hon. Thomas W. Dicknell, of Boston, Mass., be invited to a seat on the floor of the Senate during his stay in the city.
Mr. Bond offered the following resolution, which was read and agreed to, to-wit:
Resolved, That a seat on the floor of the Senate be tendered Hon. John Hitz, Consul-General of Switzerland, during his stay in the city.
Mr. Hackett, chairman of the joint srecial committee, appointed to investigate the lease of the Western and Atlantic Railroad, made the following report, to-wit:
To the Prest"dmt of tlze Senate and Speaker of tlze House of Representatives :
Your committee, appointed by virtue of a joint resolution of the General Assembly, at the session during last

97
November, charged with the duty of investigating the lease of the Western and Atlantic Railroad, and ascertaining and reporting to the Legislature whether or not the provisions of the lease act, arc being properly carried out, beg leave to state that they have endeavored to discharge their duties, and to perform with fidelity and thoroughness, the task allotted to them. They have had a number of meetings of the committee, and have managed to secure the attendance of several witnesses, whose testimcny was found to be material to the subject-matter of their investigation.
Your committee find it proper and necessary, in the further discharge of their duty, to examine other witnesses; and, while the resolution under which the committee were appointed empowered them to send for persons and papers, yet your committee find themselves in the dilemma Of having no one whom they can "send for persons or papers" needed, and whose testimony is desired. Your Committee deem it proper to reduce to writing, and present to the General Assembly, the evidence which may be adduced before them ; and they believe that their labors can be expedited, and their work more thoroughly and satisfactorily done, by having the services of a stenographic reporter to take down the testimony that may be rendered in the investigation.
Your committee deem it just and proper, both as regards themselves and the entire General Assembly, by whom the resolution was passed, that the work which they have undertaken should be thoroughly and faithfully done; in. deed, your committee are unwilling to make any report upon the subject-matter, unless they shall be enabled to examine and consider all the testimony which will shed light upon the subject-matter embraced in the resolution. To do this, your committee find it absolutely necessary to have the services of a sergeant-at-arms to subprena
7

JOURNAL OF THE SENATE,

witnesses, and who can be sent for all necessary persons; and papers ; also, a stenographic reporter to take down the testimony which may be brought out upon the investigation before them.

Your committee most respectfully ask that the scope of the resolution by which they were appointed be so enlarged as to authorize and empower them to appoint a: sergeant-at-arms and a stenographic reporter, whose services your committee deem necessary to the further discharge of their important duties. And, in the event thishonorable General Assembly shall see fit to refuse to ~c cede to this reasonable and eminently proper request of your committee, then they most humbly ask to be relieved and excused. from further consideration of the matters embraced in the resolution, and referred to your committee.

Most respectfully submitted.

(Signed,)

A. T. HAcKETT,

Chaz1man Com. on part of Senate.

W. B. Burr,
J. G. PAEKS, P. w. MELDRDI,
DUPONT GUERRY.
JOHN w. MADDOX,
Chazmzmz House Commzttee.
T. D. HIGHTOWER,
w. R. RANKIN'
H. c. RONEY,
C. A. TURNER, of Monroe.

Mr. Daniel offered the following resolution, which was, on motion, taken up, read, agreed to, and ordered to be transmitted at once to the House of Representatives, towit:

Resolved by the Senate and the House of Representati'vs of Ge~rgia, t"n General Assembly met, That the joint commit-

JuLY 20, 1881.

99

tee appointed by virtue of the resolution passed at the session in November last, for the purpose of investigating the lease of the Western and Atlantic Railroad be, and they are hereby authorized and empowered to employ the services of a sergeant-at-arms and a stenographic reporter, to attend upon said committee.

The Senate having disposed of all the busin'O'ss on the desk of the Secretary, adjourned, on motion, until 10 o'clock A. M., to-morrow.

SENATE CHA:\1BER, ATLANTA, GA., \Vednesday, July 20, J88J, 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, D. D., Chaplain of the Senate.

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

Baker, Barksdale, Brown, Bond, Carter, Curtis, Daniel, Denmark, Duggar, Gorman,
Guerry,

Harris, Harrell, Hawes, Hackett, Johnson, King, McDaniel, Mattox, Moseley, Neal,

Reid, Smith of the 5th. Smith of the 15th, Smith of the 23d, tltorey, Suddatll, Treadwell, Wilson, Winn, Westbrook,
MR. PRESIDE:-IT.

The Journal was read and approved.

On motion of Mr. Winn, so much of the Journal of yesterday was reconsidered, as relates to the action of the Senate in making the report of the Joint Special Committee on the Capitol question, the special order for Thursday, the 21st inst., at 11 o'clock, A. M.
Mr. McDaniel, chairman of the Committee on the Judiciary, made a report on certain bills, which was read.

IOO

JOUR:\'AL OF THE SENATE,

Tht! 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 resolution to provide for Sergeant-at-Arms, and stenographic reporter for commitiee, appointed by virtue of the resolutions passed at the session in November last, to investigate the lease of the Western and Atlantic Railroad.
The House of Representatives has also agreed to a joint resolution in regard to the assessment and valuation of the old Capitol building at Milledgeville.
The following bill of the House was read the second time, and passed to a third reading, to-wit :
A bill to authorize the Mayor and Council of the town of Butler, in Taylor county, to levy and collect taxes for the purpose of establishing and maintaining schools in said town.
The Senate took up as the report of the Committee of the Whole, the bill to give notice of trial to road defaulters.
The Judiciary Committee, to whom the same was referred, recommended 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, 27 ; nays, o.
The Senate took up as the report - of the Committee of the Whole, the bill to declare that the wife shall be a competent witness against the husband, in all cases of assault and battery committed upon the person of the wife , by the husband.
The Judiciary Committee, to whom the same was referred, recommended its passage by substitute.

jULY 20, 1881.

IO:i

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, 27; nays, o.
The Senate took up as the report of the Committee of th~:: Whole, the bill to make it a misdemeanor for any person to go to a place where the people have assembled for Divine worship, or a literary or Sunday-school celebrabration, while intoxicated, or to carry to any such place intoxicating liquors ; to provide a punishment therefor, and for other purposes.

The Judiciary Committee, to whom the same was referred, 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 c:mstitutional majority, there being ayes, 28; nays, o.

The Senate took up, as the report of the Committee of the Whole, the bill to amend section 2048 of the Code of 1873
The report was agreed to.
The bill was read the third time and passed by a con stitutional majority, there being ayes, 26; nays, o.
On motion of Mr. Hawes, the House joint resolution, providing for the valuation of the old Capitol bui'ding at Milledgeville, was taken up and concurred in.

On motion of Mr. Bond, the same was ordered to be transmitted at once to the House of Representatives.

Mr. Wino offered the follow;ing resolution, which was taken up, read and agreed to, and ordered to be transmitted to the House of Representatives without delay, towit:

102

jOURNAL OF THE SENATE,

Resolved, That a joint committee of two from the Senate and three from the House, with power to send for persons and papers, be appointed to examine into and report upon the standing of the affairs of the Marietta and North Georgia Railroad Company with the State, and to ascertain how many hands said road now has of the State, and their condition, and how many it is entitled to have, and for what length of time. Also, how much money said company has received of the State, and how it has been applied; and that said committee report by resolution, or otherwise, to this General Assembly, as early as practicable.
On motion of Mr. McDaniel, leave of absence was granted Messrs. vVoodward and Jordan, on account of sickness.
Mr. Suddath offered the following privileged resolution, which was read and agreed to, to-wit:
Resolved, That the Hon. G. C. Deadwiler be invited to a seat on the floor of the Senate during his stay in the city.
Mr. Moseley offered the following privileged resolution, which was read and agreed to, to-wit:
Resolved, That the Hon. A. D. Candler, ex-Senator from the Thirty-third District, and the Hon. B. F. Wofford, of the county of Murray, be tendered seats upon the floor of the Senate during their stay in the city.
Mr. Guerry, chairman of the joint special committee, on the subject of an early adjournment of the present General Assembly, made the following report, to-wit:
Mr. President:
The joint committee appointed to enquire into the business of the General Assembly, and report on a day for adjournment, beg leave to make the following report :
On account of the continued accumulation of business,

jULY 20, 1881.

103

we find it difficult, if not impossible, to designate any day for adjournment, and we respectfully recommend the adoption of the following resolution by the General Assembly.
DuPoNT GuH.RRY,
Chairman Senate Committee.
A. s. MILLER,
Chazi-man House Committee.

The resolution mentioned in the foregoing report was .agreed to, and is as follows :
Resolved by the Senate and House of Representatives, That from and after the first day of August next, no bill shall be introduced in either House without the consent of threefourths of the members present of the House in which the bill is sought to be introduced.
Resolved, furtlzer, That the joint committee be allowed five days after said first of August, in which to make a ;final report.

The Senate. on motion, took a recess for ten minute!", at the expiration of which the body was called to order by the President.
The following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof:

Mr. Ptesident :
The House of Representatives has agreed to a joint res -olution in regard to the death of Randolph L. Mott, one of the trustees of the State Lunatic Asylum, in which they ask the concurrence of the Senate.
On motion of Mr. McWhorter, the resolution in regard to the death of the Hon. Randolph L. Mott, which was this day communicated from the House of Representatives, was taken up, unanimously concurred in, and the action of. the Senate thereon ordered to be comml!nicated to the Rouse of Representatives without delay.

104

JoURNAL OF THE SENATE,

Mr. Barksdale offered a resolution authorizing the President of the Senate to appoint an additional porter for the water closet at the Capitol. The same was taken up, read and agreed to.
The Senate, on motion, adjourned until 10 o'clock A . M. to morrow.

SENATE CHAMBER, ATLANTA, GA., Thur!'day, July 21, r88r, ro o'clock A.M.

The Senate met pursuant to adjournment, the President in the chair.
Prayer by the Rev. J. W. Heidt, D. D., Chaplain of the
Senate.

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, Gorman, Guerry,

Harris,
Ht\rrell, Hawes, Hackett, Johnson,
King, 1\IcDaniel,
:Mattox, McWhorter,
Meldrim, 11-Ioseley,
Neal, Parks,

Payne, Price, Reid, Smith of the 5th,
l:lmith of the 15th, Smith of the 23d, Storey, Suddath,
Treadwell, \Vestbrook, Wilson, Winn, !fR. PRESIDE~T.

The Journal was read and approved.

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

On motion of Mr. Butt, Mr. Johnson was added to the committee on Internal Improvements and Railroads.

Mr. Guerry, with the consent of the Senate, withdrew the bill to relieve Tax Collectors and Receivers from attending any place or places for receiving or collecting taxes, except such as may be designated by the Ordinary or County Commissioners.
On the caH of the roll for the introduction of new mat-

JuLY 21, 188l.
ter, Mr. King introduced a bill to prescribe and fix the weight of rough rice in this State.
The same was read and referred to the Committee on Agriculture.
Mr. Hawes, by consent of the Senate, withdrew the bill to repeal an act entitled an act to establish State Depositories at various cities and towns therein specified.
On motion of Mr. McDaniel, the following bills were taken from the table, and recommitted to the Judiciary Committee, to-wit:
A bill to increase the salaries of the Chief Justice, the Justices of the Supreme and the Judges of the Superior Courts of this State ; and
A bill to amend the Constitution of the State of Georgia.
The bill to provide for the collection of insolvent tax executions was read the second time, and passed to a third reading.
The bill to repeal an act entitled an act to establish State Depositories in Atlanta, Athens, Augusta and other places, therein mentioned, was taken up for a second reading, and, on motion, laid on the table for the present.
The bill of the House, to authorize the :Jfayor and Council of the town of Butler, in Taylor county, to levy and collect taxes for the purpose of establishing and maintaining schools in said town, was taken up for a third reading, and, on motion, was laid on the table for the present.
Mr. McWhorter offered the following resolution, which was taken up, read and agreed to, to-wit:
Resolved, That the delegates to the National Educa tiona! Convention be, and they are hereby cordially in vited to seats upon the floor of the Senate during their stay in the city.
Mr. McWhorter also offered the following resolution,. which was read and agreed to, to-wit~:

to6

JouRNAL oF THE SENATE,

Resolved, That the Secretary of the Senate be, and he is hereby requested to furnish a copy of the foregoing resolution to the President of that Convention.

The following announcement was made by the Presi-

dent, to-wit :

By resolution of the Senate, providing that an addi

tional porter for the water closet at the Capitol building

be appointed, I have -selected for the place Charles Henry

Smith.

}AMES S. BoYNTON, President of t/ze Senate.

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

Mr. President :
The Houoe of Representatives has concurred in the resolution of the Senate appointing a joint committee to examine into and report upon the affairs of the Marietta and North Georgia Railroad Company, and appointed on the part of the House, Messrs. Day, Willingham and Park.
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, which he respectfully asks your honorable body to consider in executive session.
The Senate, on motion, resolved itself into executive sesion, and having remained for sometime therein, returned to open session.
Mr. Johnson offered the following resolution, which was read and agreed to, to-wit :
Resolved by the Senate, That the Hon. John C. Nichols, member of Congress from the First Congressional District, be invited to a seat on the floor of the Senate during his stay in this city.

JuLY 21, 1881.

107

On motion of Mr. Smith of the Twenty-third District, the bill to authorize the Mayor and Council of the town of Butler, in Taylor county, to levy and collect taxes for the purpose of establishing and maintaining schools in said town, which was laid on the table this day, was taken therefrom.
The same was taken up as the report of the Committee of the Whole.
The President called attention of the Senate to the requirement of the State Constitution in regard to notice of intention to apply for the passage of local bills, and ruled that evidence of such notice must be submitted to the Senate, as well as to the House of Representatives, prior to the passage of such bills.
This ruling of the President was submitted to and confirmed by a vote of the Senate.
Mr. Smith submitted to the Senate satisfactory evidence that due legal notice of intention to apply for the passage of the foregoing bill had been given.
The report was agreed to. The bill was read the third time and passed by a con stitutional majority, there being ayes, 32 ; nays, o.
Mr. Parks offered the following privileged resolution, which was read and agreed to, to-wit :
Resolved, That the Hon. G. W. Warwick, of the county of Lee, be invited to a seat on the floor of the Senate during his stay in the city.
Mr. Mattox offered the following privileged resolution, which was read and agreed to, to-wit:
Resolved, That the Hon. James H. McWhorter be invited to a seat on the floor of the Senate during his stay in this city.
On motion of Mr. Butt, leave of absence was granted to . Mr. Meldrim for to-morrow.

108

JouRNAL OF THE SENATE,

Leave of absence was granted Mr. McWhorter for tomorrow on special business.
On motion of Mr. Parks, leave of absence was granted Messrs. Bond and Denmark, members of the special joint committee on the Lunatic Asylum, for to-morrow and the next day.
Mr. Price offered the following privileged resolution, which was taken up, read and agreed to, to-wit :
Rtsolved, That it be referred to the Committee on Rules, to report as early as practicable, some plan by wh!ch information can reach the Senate that all the requirements of the Constitution and laws respecting the introduction and passage of local bills have been complied with.
The Senate having disposed of all the business on the desk of the Secretary, adjourned, on motion, untill 10
o'clock A. M., to morrow.

SENATE CHAMBER, ATLANTA, GA., Friday, July 22, 10 o'clock A. M.

The Senate met pursuant to adjournment, the President in the chair.
Prayer by the Rev. W. F. Cook, D. D., by invitation of the Chaplain.
On the call of the roll, the following Senators answered to their names, to-wit.

Baker, Barksdale, Brown, Butt, Byrd, Carter, Curtis, Daniel, Denmark, Duggar, Gorman, Guerry, Harrell,

Hawes, Hackett,
Hicks, Jordan,
.Johnson,
King,
McDaniel, Mattox, Meldrim,
Mosdey, Neal, Parks,
Payne,

Price,
Reid,
Smith of the 5th,
Smith of the 15th, Smith of the 23d,
Storey, Suddath, Treadwell,
Westbrook, Wilson,
Winn, MR. PRESIDENT.

The Journal was read and approved.

Mr. Smith of the Twenty-third District, offered the following privileged resolution, which was read and agreed to, to-wit:
Resolved, That the Hon. Samuel Hall, of Macon, be invited to a seat on the floor of the Senate, durihg his stay in the city.
Mr. Winn presented a memorial of E. T. Paine, of the county of Fulton, which relates to the lease of the Macon and Brunswick Railroad.
The same was read, and, on motion of Mr. Guerry, referred to the Committee on Internal Improvements and Railroads.
The President presented to the Senate the following communication :
OPERA HousE, July 21, 1881.
To the Honorable Senate of Georgia :
GENTLEMEN: Your invitation to visit the Senate of Georgia has been received by the National Educational Association, and has been unanimously accepted.
Yours very respectfully, J. H. SMART,
Presidmt of the Associ'ation.
Mr. Jordan presented the memorial of the citizens of Davisboro, in Washington county, which was referred, without being ~ead, to the Special Committee on Temperance.
Mr. Price offered the following privileged resolution, which was read and agreed to:
Resolved, That Hon. D. W. Lewis, of the North Georgia Agricultural College, at Dahlonega, be invited to a seat on the floor of the Senate during his stay in the city.
Mr. McDanfel, chairman of the Committee on the Ju-
diciary, made a report on certain bills, which was read.

I 10

JouRNAL OF THE SENATE,

Mr. Byrd, chairman of the Committee on Agriculture,. made a report on certain bills, which was read.
Mr. Daniel offered a resolution inviting Hon. B. H. Bingham, of the county of Troup, to a seat on the floor of the Senate, which was read and agreed to.
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 transmit to the Senate a sealed message, which he respectfully invites your honorabl~ body to consider in executive session.
The bill to render more efficient and economical the inspection and analysis of fertilizers, and for other purposes connected with the sale of fertilizers in this State, was read the second time, and passed to a third rea~ing.
On motion of Mr. McDaniel, one hundred copies of the same, and the amendments thereto, were ordered to be printed for the use of the Senate.
The following bills were taken up for a second reading, and withdrawn by the movers thereof, with the consent of the Senate, to-wit:
A bill to amend paragraph 2 and 3 of section 3, and paragraph I of section 12, and paragraph 1 of section 14, of article 6 of the Constitution.
A bill to amend section 2758 of the Revised Code of Georgia ; and
A bill to adjust the right of parties who bought wild land transferred by the Comptroller-General, not the
transferee of the ft. fas.
The following bills were read the second time, under the adverse reports of the Committee on the Judiciary, the reports agreed to, and the bills were lost, to-wit:
A bill to amend paragraph r, section II,-artkle 6 oftheConstitution of Georgia.

JULY 22, 1881.

III

The bill to amend an act entitled an act to render more efficient and economical the inspection and sale of fertilizers, was laid on the table for the present.
The following bills were read the second time, and passed to a third reading, to-wit:
A bill to prescribe and fix the legal weight of rough rice in this State.
A bill ~o repeal section 1097 of the Code ; and A bill to repeal an act entitled an act to establish the State line between Georgia and North Carolina, so far as the same relates to the line between Rabun county, Georgia, and Macon county, North Carolina. The following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof :
Mr. President :
The House of Representatives have passed the following bills, in which they ask the concurrence of the Senate,. to-wit:
A bill to be entitled an act to prescribe for the compensation of certain public officers of this State; also,
A bill to be entitled an act to repeal the acts entitled an act to create a Board of Commissioners of Roads and Re.venues for the county of Milton, one of which was approved October 26, 1870, and the other January 20, 1872; also,-
A bill to be entitled an act to authorize the corporation of the city of Sandersville to levy a tax for the purpose of establishing and maintaining public schools in said city, and to authorize the County School Commissioners of Washington county to pay over to the Board of Education of said public schools such part of the State school fund as may be their just pro rata share thereof, and for other purposes; also,
A bill to be entitled an act to provide for sales made
under and by virtue of any ft. fa., or other process issued
from the County Courts of this State.

I 12

} OUKNAL OF THE SENATE,

The following bills of the House were read the first time, and referred to the Committee on the Judiciary, to-wit:
A bill to repeal the act entitled an act to create a Board of Commissioners of Roads and Revenue for the county of Milton, one of which was approved October 26, 1870, and the other January 20, 1872.
A bill to prescribe for the compensation of certain public officers of this State; and
A bill to provide for sales made under and by virtue of
any .ft. fa. or other process issued from the County Courts
of this State. The bill of the House to authorize the corporation of
the city of Sandersville to l~vy a tax for the purpose of establishing and maintaining public schools in said city, and for other purposes, was read the first time, and referred to the Committee on Education.
On motion of Mr. Moseley, leave of absence was granted o Mr. Mattox for a few days on important business.
On motion of Mr. Byrd, leave of absence was granted Mr. Reid for a few days on special business.
The Senate, on motion, went into executive session, and having remained some time therein, returned to open session.
Mr. Gorman, pro tem. chairman of the Committee on Enrollment, submitted the following report :
M~. 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 :
A resolution providing for the valuation of the old Capitol building at Milledgeville. .
W. C. GORMAN, Chairmanpro tem.
The Senate took up the report of the Committee on Finance upon the bill to provide for the collection of in-

JuLY 22, 1881.

113

solvent tax executions, the same being favorable thereto. The report was agreed to. The bill was read the third time and passed by a consti-
tutional majority of ayes, 33 ; nays, o. The Senate took up the report of the Judiciary Commit-
tee on the bill to make penal the pointing or aiming of fire-arms at another, \Yhether loaded or unloaded, and to require Judges of the Superior Court to give the same in charge to grand juries.
The Judiciary Committee reported in favor of its passage by substitute.
The substitute was adopted.
The report 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 following bills were introduced, read the first time, and referred to the Committee on the Judiciary, to-wit:
By Mr. HackettA bill to amend section 4540 of the Revised Code of 1873, so as to include servants and agents with the provision and penalties of said section
By Mr. ParksA bill to define the offense of retailing spirituous liquors without having first taken the oath prescribed by law, and without having procured the license from the proper authorities, and to provide a penalty therefor; and
By Mr. Payne-
A bill to amend section 4744 of the Code of 1873. Mr. Daniel introduced the following bill, which was read the first time, and referred to the Committee on Agriculture, to.wit : A bill to declare the Chattahoochee river a navigable stream, and for other purposes.
8

I 14

JouRNAL oF THE SENATE,

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

Resolved, That when the Senate adjourn to-day, it beuntil 10 o'clock, Monday morning.

Mr. Denmark also offered a resolution, which was read
and agreed to, inviting Messrs. D. C. N. Burkhalter, J. L.
Granbury and L. H. Carter to seats on the floor of the
Senate during their stay in this city.

The Senate, having disposed of all business on the desk of the Secretary, adjourned on motion, and under resolution, until Monday morning next, 10 o'clock.

SENATE CHAMBER, ATLANTA, GA. I Monday, July 25, 1881, 10 o'clock A. M.

The Senate met pursuant to adjournment, the President in the chair.
Prayer by the. Chaplain, Rev. John W. Heidt, D. D., Chaplain. of the Senate.
On the call of the roll, the following Senators answered to their names, to-wit:

Baker, Barksdale, Bond, Butt, Byrd, Carter, Curtis,
Dani~l,
Denmark, Duggar,
Gorman, Guerry,

Harris, Harrell, Hawes, Hackett, Johnson, King, McDaniel, McWhorter, Meldrim, Moseley,
Neal, Parks,

Payne, Price, Smith of the 5th, Smith of the 15th, Smith of the 23d, Storey, Suddath. Treadwell, Westbrook, Wilson, Winn,
MR. PRKSIDBNT.

The ]ournal was read and approved.

On motion of Mr. Smith of the Fifteenth District, leave of absence was granted Mr. Hicks on account of sickness.

Mr. McWhorter, chairman of the Committee on Enrollment, submitted the following report:

jULY 25, 1881.

us;

Mr. Presz'dent :

The Committee on Enrollment report as duly enrolled,.

signed by the Speaker of the House of Representatives,

and ready for the signature of the President of the Senate,

the following act, to-wit:

An act to authorize the Mayor and Council of the town-

of Butler, in Taylor county, to levy and collect taxes for

the purpose of establishing and maintain in~ schools in said

county.

R. L. MeW HORTER, Charmafl.

Mr. McDaniel, chairman of the Committee on the J udiciary, made a report, which was read, relating to certain.bills, referred to said committee.
Under the call of the roll, for the introduc~ion of new matter, Mr. Treadwell introduced the following bill, which was read the first time, and referred to the Committee on, the Judiciary, to-wit :
A bill to regulate criminal prosecutions, and provide for the payment of the cost therein.

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

Resolved, That a committee to be composed of oneSenator from each Congressional District, on apportion-ment and the re-districting the State into Senatorial and Congressional Districts, be appointed by the Senate, to act with a similar committee on the part of the House of" Representatives.
The President appointed as said committee, on the part of the Senate, Messrs. King, First District; Westbrook,. Second District; Carter, Third District; Gorman, Fourth District ; Baker, Fifth District ; Reid, Sixth District; Treadwell, Seventh District; Neal, Eighth District; and~ Suddath of the Ninth District.

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

II6

JouRNAL OF TH~ SENATE,

A bill to define the offense of retailing spirituous liquors,

without having first taken the oath prescribed by law, and

without having procured the license from the proper authorities, and to provide a penalty therefor.

A bill to provide for the payment of the insolvent costs

of Solicitors-General, in all counties where there are

Co~nty or City Courts, with jurisdiction to try misde-

meanors.

.

A bill to amend section 4540 of the Revise<l Code of

1873, so as to include servants and ag-ents within the pro-

visions and penalties of said section; and

A bill to increase the salaries of the Chief Justice, the

Justices of the Supreme and Judges of the Superior Courts

of this State.

The bill to regulate the sale of intoxicating liquors in militia districts, where the qualified voters so determine,

was read the second time, and referred to the Special Com-

mittee on Temperance.

The bill to amend section 4744 of the Code of 1873 was taken up for a second reading, and withdrawn by the mover, with the consent of the Senate.

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

A bill to amend section 205 of the Code of 1873, in relation to the disqualification of Judges or Justices of any ~ourt, Ordinaries, Justices of the Peace, and presiding offi~ers of inferior judicatures, by inserting after the word -counsel, in the sixth line of said section, the following words, to-wit: "Nor in which he has presided in any inferior judicature."
A bill to repeal the acts entitled an act to create a Board of Commissioners of Roads and Revenue for the county of Milto.1, one of which was approved October 26th, 1870, and the other January 20th, 1872; and

A bill to require Ordinaries, Commissioners, or other

JuLY 25, r881.

persons having charge of county fin'ances, to furnish dotkets. to Justices of the Peace and Notaries Public, who are ex-officio Justices of the Peace, and to provide for the preservation of the same.
The following bill of the House was taken up for a second reading, under adverse report of the Committee on the Judiciary, the report was agreed to, and the bill therefore lost, to wit:

A bill to amend section 238 5 of the Code pf r87 3, in relation to the processioning of land, and marking the lines and courses thereof.

The Senate took up the report of the Committee on

Agriculture on the bill to prescribe and fix the legal

weight of rough rice in this State, said report being favor-

able.

The report was agreed to.

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

stitutional majority, there being ayes, 23; nays, o.

The Senate took up the report of the Judiciary Com-

mittee on the bill to repeal an act entitled an act to es-

tablish so far

atshethSetasatemleinies

between the line

Georgia and North Carolina, between Rabun county, in

Georgia, and I\Tacon county, in North Carolina, and to

provide for the survey of the same.

The said report was favorable to the passage of the

bill, and was af reed to.

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

stitutional majority, there being ayes, 36; nays, o.

Mr. Daniel offered the following privileged resolution,

which was read and agreed to, to-wit:

Resolved, That the Hon. C. W. Mabry, of the county of Troup, be invited to a seat on the floor of the Senate during his stay in the city.

The following me~sage was received from the House of Representatives, through Mr. Hardin, the Clerk thereof:

1II8

JouRNAL OF THE SENATE,

Mt. President:

The House of Representatives has passed the following .bills, to wit :
A bill to be entitled an act to refund to the purchasers, -or those holding under them, money received by the State -of Georgia for lot of land, number 124, in the fifth district of the third section of originally Cherokee, now Bartow -<:o'unty, sold at judicial sale as a fraudulent draw; also,
A bill to be entitled an act to amend section 3648 of the Revised Code of 1873; also,
A bill to be entitled an act to authorize the Commis sioners of Roads and Revenues of Baker county, to provide for paying off the outstanding debt of the county by levying a tax of fifty per cent. on the State tax during the years 1882 and 1883, and for other purposes; also,
A bill to be entitled an act to protect the citizens of the county of Dade from the injurious consequences of cattle speculator:>, and other persons driving stock through said county of Dade, and spreading distemper or disease, to the destruction of the cattle and other stock of the people living therein ; also,
A bill to be entitled an act to exempt from jury duty all practising dentists in this State; also,
A bill to be entitled an act to fix the compensation of -the Solicitor of the County Court of Richmond county.
A bill to be entitled an act to repeal an act to amend an .act to create a Board of Commissioners of Roads and Revenues for the county of Baker, approved February 26, 1875, said amending act having been approved Febru:ary 28, 1877, to appoint a Board of Commissioners for said county in lieu of those now holding office as such ; .also,
A bill to be entitled an act to amend the charter of the City of Griffin so as to authorize the Mayor and Council to establish a system of public schools, and to provide

JULY 2 5, I 88 I.
revenue for the support of the same, and for other purposes; also,
A bill to be entitled an act to regulate the manner of letting out contracts to build or repair public bridges over water courses which divide one or more counties from each other, and to provide for the payment of the same when Completed.
The Senate took up the report of the Committee on the Jqdiciary on the bill to repeal secti.)n 1097 of the Code, said committee having recommended its passage by substitute of the following title, to-wit :
A bill to repeal section 1069 of the Code of I 873, which provides that members of volunteer corps and field and staff officers of volunteer regiments and battalions shall be exempt from road duty.
On motion of Mr. McDaniel the caption of the substitute was amended by inserting the following, to wit: "Also, section 1097 of said Code."
Also, on his motion, the substitute was further amended as follows, to-wit: Amend section I of the substitute by adding also '' section 1097 of said Code so far as the same relates to exemptions from road duty, be and the same is hereby repealed."
The report of said committee, as amended, was agreed to. The bill was read the third time, and pending the questiort of its passage as amended, the same was, on motion of Mr. Meldrim, ordered to lay on the table for the present. The Senate took up the report of the Committee on Agriculture on the bill to render more efficient and economical the inspection and analysis of fertilizers, and for <>the! purposes connected with the sale of fertilizers in this State. On motion of Mr. Hawes, the same was made the speci'al order for Friday next, the 29th instant, at I I .o'clock A. 'M.

120

}OUR'NAL OF THE SENATE,

Mr. Price; chairman of the Committee on Education~ made a report on certain bills, whi< h was read.
On motion of Mr. Hackett, leave of absence was granted . the subcommittee on the Penitentiary. .
On motion of Mr. Neal, leave of absence was granted Mr. Brown on important business.

Mr. Parks introduced the following bill, which was read

the first time, and referred to the Committee 011 the Judi-

ciary, to-wit:



A bill to authorize and empower the Clerks of the Superior Courts of this State to discharge the duties of Ordinary in cases in which the Ordinary is disqualified.

Mr. Westbrook introduced the following bill, which was read the first time, and referred to the Committee on Finance, to-wit:

A bill to provide for the correct assessment of property in this State, for the purpose of taxation.

The following bills of the House \\'ere read the first time, and referred to the Committee on the Judiciary, to wit :

A bill to regulate the manner of letting out contracts to build or repair public bridges over water courses, which divide one or more counties, and provide for the payment of the same when completed.
A bill to exempt from jury duty all practising dentists in this State.
A bill to repeal an act to amend an act to create a Board of Commissioners of Roads and Revenues for the . county of Baker, approved February 26, 1875, said amending act having been approved February 28, 1877, . to appoint a ~oard of Commissioners for said county, in lieu of those now holding office as such ; and
A bill to amend section 3648 of the . Revised Code of . 1873, which provides for the .summary sale of perishable property levied on, requiring notice to be given in every

JuLY 26, I88J.
case where application is made for an urder tosell personal property in a summary manner.
The following bills of the House were read the first time, and referred to the Committee on Finance, to-wit:
A bill to authorize the Commissioners of Roads and Revenues of Baker county to provide for paying off the outstanding debt of the county by levying a tax of 50 per cent. on the State tax during the years 1882and I883, and for other purposes; and
A bill to refund to the purchasers, or those holding under them, money received by the State of Georgia, for lot of land, No. I 24, in the fifth district of the third section of originally Cherokee, now .Bartow county, sold at judicial sale as a fraudulent draw.
The bill of the House to protect the citizens of the county of Dade from the injurious consequences of cattle speculators and other persons driving stock through said county of Dade, and spreading distemper or disease, to the destruction of the cattle and other stock of the people living therein, was re<td the first time, and referred to the Committee on Agriculture.
The bill of the House to amend the charter of the City of Griffin, so as to authorize the Mayor and Council to establish a system of public schools, and to provide revenue for the support of the same, and for otber purposes, was read the first time, and referred to the Committee on Education.
The Senate having disposed of all business on the desk of the Scc;ctary, adjourned, on motion, until 10 o'clock A. M., to morrow.
SENATE CHAMBER, ATLANTA, GA., Tuesday, July 26, I88I, IO o'clock A. M.
: The Senate met; pursuant to adjournment, the Presi:dent in the chair.

122

JouRNAL OF THE SEN..\TE,

Prayer was offered by the Rev. J. W. Heidt, D." D., Chaplain of the Senate.

On the call of the roll, the following Senators answered

to their names, to-wit:

Baker, Barksdale, Bond, Butt, Byrd, Carter, Curtis, Daniel, Denmark, Duggar, Gorman, Guerry,

Harris, Harrell, Hawes, Hackett, Jordan, Johnson, K.MiclDg~niel, .Moseley, Neal, Paks, Payne,

Reid, Smith of the 5th, Rmith of the 15th, Smith of the 23cl, Storey, S1ddath, Trt>adwell, Wilson, WinD.
l\iR. PREHDENT.

The Journal was read and approved_. Mr. Byrd presented a memorial of citizens of Polk county on the subject of temperance, which was read and referred to the special Committee on Temperance.
Mr. McDaniel, chairman of the Judiciary Committee, made a report on certain bills, which was read.
Mr. Winn, chairman of the Committee on Corporations, made a report on a certain bill, which was read.
Mr. Guerry offered the following resolution, which was taken up, read and refe~red to the Committee on Finance, to-wit:

WHEREAS, the purchasers of the Macon and Brunswick Railroad have recently, through their attorney, Julius L. Brown, of the City of Atlanta, indicated to the Hon. Danid N. Speer, Treasurer, a desire on their part to pay in United States three and one-half per cent. bonds, the full balance due by them to this State ; and
WHEREAS, the Treasurer desires instruction from the General Assembly, now in se"sion, as to whether he shall receive said bonds or not in the event the same should be tendered ; be it

Resolved by tlte Senate and House of Represmtatives, That a joint committee of three from the Senate and five from

}ULY 26, 1881.

123

the House be immediately appointed to investigate and .advise the General Assembly on the subject at as early a day as practicable.
The committee reported favorably upon the foregoing resolution.
The resolution was agreed to, and ordered to be transmitted at once to the House of Representatives.
The President appointed as the committee of the Senate, Messrs. Guerry, Meldrim and McDaniel.
On the call of the roll for the introduction of new mat~er, the following bills were introduced, read the first time, and referred to the Judiciary Committee:
By Mr. Butt-
A bill to repeal section 659 of the Revised Code of I 873, and to subject the persons therein named to road duties.
By Mr. Bond-
A bill to protect land owners in this State against natural or artificial persons who have, or may hereafter have, dams erected upon any water course in the State, and to create a liability for the rapid drainage or drawing off the water of any pond whereby the lands are overflown below such dams.
By Mr. JordanA bill to amend section 2 52 5 of the Code of I 873 so as to require administrators to give thirty days' notice of the filing of returns in the Ordinary's office.
Mr. Treadwell offered the following bill, which was read the first time, and referred to the Committee on Education, to-wit:
A bill to authorize the various counties in this State, by a vote of the legal voters, determined by proper election, to levy and collect taxes for the purpose of education, and for other purposes.

'124

JbuRNiL OF THE SENATE,

.: ~:The following bills: \vere~read th~ second time, and

passed to 'a third' readi~g. to-wit :

'

A bill to authorize the County Boards ot Education - and the Boards of Education in the City of Savannah and
other cities of the State of Georgia, to require scholars to be vaccinated before-admission to the schools.

A billto amend the Public School laws of this State.

A bill to protect the Public Schools of the State against disturbance, and to prohibit the sale or furnishing of spirituous liquors to pupils while attending public schools ; and
A bill to mnre clearly define the meaning of section 20 of the Public School laws, approved August 23, 1880.
The bill to regulate criminal prosecutions, and provide for the payment of the cost therein, was taken up for a second reading, under'adverse report of the Committee on the Judiciary.
The report was agreed to, and the bill therefore lost.

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

A bill to repeal an act to amend an act to create a Board of Commissioners of Roads and Revenues for the county of Baker, approved February 26, ,1875, said amending act having been approved February 28, 1877, to appoint a Board of Commissioners for said county, in lieu of those now holding office as such.

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 20, 1873, so as to regulate the pay of the clerk of said Board. -

A bill to provide for sales made under and by virtue of
any .ft. fa., or other process issued from the County
Courts of this State.

JULY 26, 1881.

125

A bill to repeal an act to create and organize a County Court for the county of Habershan, in this State, approved February 2R, 1876, and all laws amendatory thereof, and to abolish the County Court of Habersham county ; and
A bill to exempt from jury duty all practising dentists in this State.
The following bills of the House, having been reported upon adversely by the Committee on the Judiciary, was taken up for a secoi1d reading, the adverse report agreed to, and the bill therefore lost, to-wit:

A bill to authorize .the sureties on official bonds required 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.
The Senate took up the report of the Judiciary Commit- . tee, which was favorable, on the bill to amend section 4540 of the Revised Code of 1873, so as to include serv~mts and agents within the provisions and penalties Qf said section.
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 following message was received from the House of Representatives, through Mr. Harden, the Clerk thereof:

Mr. Presz'dent:

The House of Representatives has passed the following bills, to-wit:
A bill to provide for the compensation of the Ordinary, Sheriff and Clerk of the Superior Court of Lincoln county; also,
A bill regulating the payment of per diem and mileage in cases of contestants and contestees for seats in the General Assembly; also,

126

JOUR!\AL OF THE SENATE,

A bill to amend. extend and enlarge the prov1s1ons of an act to enable the purcl.asers of railroads to form corporations, and to exercise corporate powers, and to define their rights, powers and privileges, approved February 29, 1876, and for other purposes therein mentioned; also,
A bill to amend an act entitled an act to enable tile purchasers of the railroads to form corporations and to exercise corporate powers, and to define their rights, powers and privileges, approved February 29, 1876.
The Senate took up the report of the Judiciary Committee on the bill to define the offense of retailing spirituous liquors without having first taken the oath prescribed by law, and without having procured the license from the proper authorities, and to provide a penalty therefor.
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 the report of the Judiciary Commtttee on the bill to provide for the payment of the insolvent costs of Solicitors General in all counties where there are County or City Courts with jurisdiction to try misdemeanors.
The said committee reported in favor of the passage of the bill by substitute.
The report was agreed to.
The bill was read the third time and passed, as amended,
by a constitutional majority, there being ayes, 28 ; nays, o.
The Senate took up as the report of the majority of the Judiciary Committee, the bill of the House to amend section 205 of the Code of 1873 in relation to the disquali-
fication of 1udges or J ~:stices of any Court, Ordinaries, 1ustices of the Peace, and presiding officers of inferior
judicatures, by inserting after the word counsel in the sixth line of said section, the following words, to-wit : "Nor in which he has presided in any inferior judicature."

JuLY 26, r881.

127

The report of the majority of said committee was favorable to the passage of the bill.

Mr. McDaniel moved the adoption of the minority report of said committee as a substitute for that of the majority, the same being adverse to the passage of the bill.

Pending discussion of this proposition, Mr. McDaniel having the floor, the morning session was extended thirty minutes, on motion of ~1r. Winn.

On the motion of Mr. McDaniel to substitute the minority report for that of the majority, Mr. Guerry required the ayes and nays to be recorded.

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

Barksdale, Byrd, Carter, Curtis,

Daniel, Harrell, Hawes,

Hackett,
McDaniel, Payne.

Those who vote<;l in the negative are, to-wit-Messrs.

Baker, Bond, Butt, Denmark,
Dug~ar,
Gorman, Guerry, Jordan,
Ayes, 10.

Johnson, King, Meldrim, Moseley, Neal, Parks, Reid,
Nays, 22.

Smith of the 5th Smith of the 15th, Smith of the 23d, Storey, l:luddath, Treadwell, Winn.

So the motion to adopt the minority report did not

prevail.

The question recurring upon the majority report, the same was agreed to.

The bill was read the third time, and on the question of its passage, the ayes and nays were required to be re-

corded.

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

Baker,
Bond, Butt, Denmark,
DuggM,
Gorman,
Guerry, Jordon,

Johnson, King, Meldrim, Moseley, Neal, Parks, Reid, Smith of the 5th,

Smith of the 15th, Smith of the 23d, Storey, Suddath, Treadwell, Winn,
MR. PRESIDENT.

0

} OURNAL OF THE SENATE,

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

Barksdale, Byrd, C::aJter,

Curtis, Harrell, Hawes,

Hackett, l\IcDaniel,
Payne,

Ayes, 23. Nays, 9

Excused from voting, 1-Mr. Daniel.

The bill, having received a constitutional majority, was passed.

On motion of Mr. Bond, leave of absence was granted to the Committee on the Deaf and Dumb Asylum for two days, to enable the members thereof to visit the Asylum.

On motion of Mr. Bond, Messrs. Parks and Harris were added to the Committee on the Deaf and Dumb Asylum.

The Senate adjourned, on motion, until 10 o'clock, A. M., to-morrow.

SENATE CHAMBER, ATLANTA, GA., Wednesday, July 27, 1881, 10 o'clock A. M.

The Senate met pursuant to adjournment, the President

in the chair.

Prayer was offered by Rev. J. W. Heidt, D. D., Chaplain of the Senate.

On the call of the roll, the following Senators answered

to their names :

Baggs, Baker, Barksdale, Butt, Carter, Curtis, Daniel, Denmark, Duggar,
Gorman,

Guerry, Harris, Harrell, Hawes, Hackett, Jordan, Johnson, McDaniel, Meldrim,
Moseley,

Payne, Reid. Smith of the 5th, Smith of the 15th, Smith of the 23d, Storey, Suddath, Treadwell, Winn,
1\IR. PRESIDENT.

The Journal was read and approved.

On motion of Mr. McDaniel, so much of the Journal of yesterday was reconsidered as relates to the passage of the

bill to provide for the payment of t:he insolvent costs of

0

jULY 27, I88r.

SolicitorsGeneral in all counties where there are County or City Court." with jurisdiction to try misdemeanors.

Mr. McDaniel moved the reconsideration of so much of

the Journal nf yesterday as relates to the passage of the

bill of the House of R, pre,cntativcs to amend section 205

of the Coclc of 1873, in rehti0n to the disqualification of

Judges or Just ices of any Court, Ordinaries, Justices of

the Peace, and presiding officers o! inferior judicatures, by inserting- after the word cr,ua<;el in the sixth line of

said section, the following words, to-wit: "Nor in which

he has presided in any inferior judicature."

After discussion thereof, Mr. Guerry called for the previous que~tion, which was seconded.

The main question was put, to-wit:

The motion to reconsider, and on this ;\:Jr. Butt required

the ayes and nays tn be recorded.

r;.v,.:; who voted in the affirmative are, to-wit-Messrs.

Baggs, Barksdale,
Carter, Daniel, Gorman,

Harrell, Hawes,
Had.ett, Johnson, .\IcDaniel,

Moseley, Payne, Heid, Storey,
1\h. PRER!DE:-IT.

Those who voted in the negative are, to-wit-~1essrs.

Bftker Butt ' Curtis, Denmark, Du,g;gar,
Ayes 15.

Guerry, Jordan, 1\Ieldrim. Smith of the 5t.h, Smith of the 1:1th,
Nays 14

Smith of the 23d,
Suddath, Treadwell, Winn.

So the motion to reconsider prevailed.

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

Mr. President:

The House of Reoresentatives has concurred in the Senate resolution providing that the manuscript of a book prepared by Col. D. N. Martin, entitled a Supreme Court Manual, be referred to the joint committee appointed to
9

130

JouRNAL oF TilE SENATE,

examine Hand Book of Forms, by Silman & Thompson, with instructions to examine and report the propriety of the State subscribing for two hundred copies, and the price of ~aid subscription.
Tl1e House has also concurred in the Senate resolution appointing a committee of three from the Senate and five from the House, to investigate and advise the General Assembly on the propriety of receiving Unite,: States three and one half per cent. bonds on balance du.: from sale of Macon and Brunswick Railroad; and has appointed as said cc.mmittee, on the part of the House, Messrs. Davis of Habersham, Hutchin;;, Christie, Adderton, and Martin of Talbot.
The House of Representatives has also passed the following bill, to-wit:.
A bill to be entitled an act to amend an act entitled an act to incorporate the Gainesville, Jefferson and Southern Railroad Comp:my, and for other purposes therewith connected, approved August 23, 1872, so as to authorize said Railroad Company to increase the number of its directors ; to issue or to ratify the issue of bonds, and to secure the same by a mortgage of its franchio;es and property, and to fix the principal office of said corporation ; also,
A bill to be entitled an act to revise the Superior Court calendar for all the counties composing the Brunswick Judicial Circuit, and for other purposes.
Mr. McDaniel, chairman of the Judiciary Committee made a report on certain bills, which was read.
Mr. Suddath offered a privileged resolution, which was read and agreed to, inviting to seats on the floor of the Senate, the Hon. J. E. Redwine, of the county of Hall, and the Hon. R. R. Asbury, ex-Senator from the Thirtysecond District.
Mr. Johnson offered a privileged resolution, which was read and agreed to, inviting Dr. B. H. Patterson of the

}ULY 27, 1881.

131

county of Appling to a seat in the Senate during his stay in this city.
On motion of Mr. Mcnmiel, the bill to provide for the payment of the insolvent costs of Solicitors-General in all counties where there are County or City Courts, with jurisdiction to try misdemeanors, which was reconsidered this day, was taken up and recommitted to the Judiciary Committee.
The bill to regulate the fees of Ordinaries of this State was read the second time, and passed to a third reading.
On motion of ~h. McDaniel, the following bills of the House were taken up, read the fir~t time, and referred, as respectively indicated, to-wit:
A bill to revise the Superior Court calendar for all the counties composing the Brunswick Judicial Circuit, and for other purposes.
A bill to regulate the payment of per diem and mileage in case:; of contestants and contestees for seats in the General Assembly.
A bill to provide for the compensation of the Ordinaries, Sheriff and Clerk of the Superior Court of Lincoln county.
Referred to the Committee on the Judiciary.
A bill to amend an act entitled an act to enable the purchasers of railroads to form corporations, and to exercise corporate powers, and to define their rights, powers and privileges, approved February 29, 1876.
A bill to amend, extend and enlarge the provisions of an act to enable the pnrchasers of railroads to form corporations, and to exercise corporate powers, and to define their rights, powers and privileges, approved February 29, 1876, whenever a majority in the interest of said purchasers shall have complied, or hereafter may comply with the provisions of section 1 of said act, and to confer additional powers to said corporators, and for other purposes.

}OL'R~AL OF THE SENATE,

Referred to the Committee on Internal Improvements and Railroads.

The bill of the House to amend an act to incorporate the Gainesville, Jeffer5on and Southem Railroad Company, and for other purposes therewith connected, approved August 23, 1872, so as to authorize said Railroad Company to increase the number of its directors; to issue or to ratify the issue of bonds, and to secure the same by a mortgage of the franchises, and to fix the principal office of said corporation, was read the first time, and referred to the Committee on Corporations.

The Senate took up the report of the Committee on Corporations, on the bill of the House 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 20, 1873, so as to regulate the pay of the clerk of .said board.
The report of said committee was favorable to the passage of the bill.

Satisfactory proof that due legal notice of intention to apply for the passage of this bill had been given, was submitted to the Senate.

The report was agreed to.

The bill was read the third time, and on the question of its passage, the yeas and nays were required to be recorded.
Those who voted in the affirmative are, to-wit-Messrs.

Baggg, Bal1cr,
Bark~da:e,
Butt, Carter, Curtis. Daniel, Denmark, Duggar,
Ayes, 27.

Gorman, Gnerry, Harrell, II awes, Hac-kett Jordan,'
John~on,
l\lcllanicl>; Meldrim,
Nays, o.

Moseley, Payne,
Hcid,
Smith of the 5th, Smith of the 15th,
Smith of the 23d, Storey, Treadwell, Winn.

JuLY 27, 1881.

133

So the bill having received a constitutional majority, was passed.
The Senate took up the report of the Judiciary Committee on the bill of the House to repeal an act to create and organize a County Court for the county of Habersham, in this State, approved February 28, 1876, and all laws amendatory thereof, and to abolish the County Court of Haber,;ham county.
The report being favorable to the passage of the bill, was agreed to.
Satisfactory evidence was submitted to the Senate that pue legal notice had been given of intention to apply for the passage of this bill.
The bill was read the third time and passed by a constitutional majority, there being ayes, 28; nays, o.
The Senate took up the report of the Judiciary Committee on the bill to repeal an act to amend an act to create a Board of Commissioners of Roads and Revenues for the county of Baker, approved February 26, 1875, said amendatory act having been approved February 28, 1877; to appoint a Board of Commissioners for said county, in lieu .of tho~e now holding office as such.
The report, which was favorable, was agreed to.
Satisfactory evidence tint notice had been legally given of intention to apply for the pa!>sage of this bill was submitted to the Senate.
The bill was read the third time and passed by a con stitutional majority, there being ayes, 26; nays, o.
The Senate took up the report of the Judiciary Com mittee on the bill to repeal the acts to create a Board of Commissioners of Roads and Revenue for the county of Milton, one of which was approved October 26, 1870, and the other January 20, 1872.
The report, which was favorable, was agreed to.
Satisfactory evidence was submitted to the Senate that

134

} OURNAL OF THE SENATE,

due legal notice of intention to apply for the passage of this bill had been given.
The bill was read the third time and passed by a constitutional majority, there being ayes, 25; nays, o.
The Senate took up the report of the Judiciary Committee on the bill of the House to require Ordinaries, Commissioners, or other persons having charge of county finances to furnish dockets to Justices of the Peace and Notaries Public who are ex-officio Justices of the reace, and to provide for the preservation of the same.
The report, which was favorable, was agreed to. The bill was read the third time and passed by a con-
stitutional majority, there being ayes, 26 ; nays, o.
The Senate took up the report of the Judiciary Committee on the bill of the House to provide for sales made under and by virtue of any ji. ja. or other process issued from the County Courts of this State.
The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority, there being ayes, 25 ; nays, o. The bill of the House to exempt from jury duty all practising dentists in this State was taken up under the favorable report of the Judiciary Committee. Said report was agreed to, and the bill having been read the third time, was laid on the table for the present. The bill of the Senate to increase the salaries of the Chief Justice, the Justices of the Supreme Court, and the Judges of the Superior Court of this State, was taken up for a third reading, but without being read, was laid on the table for the present. The Senate took up the report of the Committee on Education on the bill to protect the Public Schools of the State against disturbance, and to prohibit the sale or furnishing of spirituous liquors to pupils while attending public schools. The report, which was favorable, was agreed to.

}ULY 28, 1881.

135

The bill was read the third time and passed by a constitutional majority, there being ayes, 23 ; nays, o.
The Senate took up the report of the Committee on Education on the bill to more clearly define the meaning of section 20 of the Public School Laws, approved August 23, r88o.
The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority, there being ayes, 25; nays, 3 The Senate took up the report of the Committee on Education on the bill to authorize the County Boards of Education in the City of Savannah and other cities of the State of Georgia, to require scholars to be vaccinated before admission to the schools. The report being favorable, was agreed to. The bill was read the third time, and passed by a constitutional majority, there being ayes, 28; nays, o. The Senate. having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock A. M., to-morrow.

SENATE CljAMBER, ATLANTA, GA.,

Thursday, July 28, r881, ro o'clock A. M.

The Senate met pursuant to adjournment, the President

in the chair.

Prayer was offered by the Rev. J. W. Heidt, D. D:, Chaplain of the Senate.

On the call of the roll, the following Senators answered

to their names,
Bag!!:S, Baker, Barksdale, Brown, Byrd, Carter, Curtis, Daniel. Denmark, Duggar, Gorman, Guerry,

to-wit :
Harrell, Hawes, Hackett, Hicks, Jordan, Jnhnson, King,
~lcDaniel,
McWhorter, ){eldrim.
:Moseley, Payne,

Reid, Smith of the 5th,
Smith of the 15th, ~mith of the 23d,
Storey,
!::ludclath. Treadwell, W(stbrook,
Wilson, Winn,
}'IR. PRESIDENT.

}OUR;:\!AL OF THE SENATE,
The Journal was read and approved. 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 secure uniformity in grading teachers of public schools; also,
A bill to be entitled an act to provide compensation for the Solicitor-General of the Western Circuit for services in criminal cases in the county of Clarke; also,
A bill to be entitled an act to change the time of holding the Superior Courts in the counties of Lumpkin and Dawson, in the Blue Ridge Judicial Circuit, so as to allow the county of Lumpkin, in said circuit, two weeks at each the Spring and Fall Terms of said court, and for other purposes.
The following bills of the House were read the;: first time, and referred to the Committee on the Judiciary, towit:
A bill to change the time of holding the Superior Courts in the counties of Lumpkin and Dawson, in the Blue Ridge Judicial Circuit, so as to allow the county of Lumpkin, in said circuit, two weeks at each the Spring and Fall terms of said court, and for other purposes; and
A bill to provide compensation for the Solicitor-General of Western Circuit for services in criminal cases in the county of Clarke.
The bill of the House, to secure uniformity in grading teachers of public schools, was read the first time, and referred to the Committee on Eduction.
The following bills of the House were read the second time, and passed to a third reading, to-wit:
A bill to amend an act et. titled an act to provide for the creation of Boards of Commissioners of Roads and

JuLY 28, 1881.

137

Revenues in the counties of Cobb, Dooly, Henry, and Telfair, in this 5tate, to prescribe their duties, etc., so far as said act applies to the county of Cobb ; and
A bill to protect the citizens of the county of Dade from the injurious consequences of cattle speculators, and other persons driving stock through said county of Dade, and spr<>ading distemper or disease, to the destruction of the cattle and other stock of the people living therein.
The Senate took up the report of the Judiciary Committee on the reconsidered bill of the Senate, to provide for the paymeclt of the insolvent costs of Solicitors General in all counties where there are County or City Courts, with jurisdiction to try misdemeanors.
The report of said committee recommended the passage of the same, by substitute, of the following title, to-,vit:
A bill to provide for the proper distribution of fines in all cases transferred to the City or County Courts, in all counties where there are City or County Courts, with jurisdiction to try misdemeanors.

The report was agreed to. The bill was read the third time, and passed, as amended by substitute, by a constitutional majority, there being ayes, 29 ; nays, o.
The Senate took up the report of the Judiciary Committee on the bill to regulate the fees of Ordinaries of this State, which report recommended its passage by substitute ..
The report was agreed to. The bill was read the third time, and passed, as amended by substitute, by a constitutional majority, there being ayes, 27; nays, o. On motion of Mr. Winn, the bill to increase the salaries of the Chief Justice, Justices of the Supreme and Judges of the Superior Courts of this State, was taken from the table.

JouRNAL OF THE SENATE,
The same was, on motion of Mr. McWhorter, made the special order for Tuesday, the second day of August.
The bill of the House to exempt from jury duty all practising dentists in this State, was, on motion of Mr. Butt, taken from the table, the Senate having laid the same on the table yesterday, after the favorable report of the Judiciary Committee was agreed to, and the reading of the bill the third time.
To day it was put npon its pas,;age, and having receive a constitutional majority of ayes 24, nays 5, was passed.
On motion of i\'Ir. Byrd, leave of absence was granted Messrs. Bond and Neal.
On motion of Mr. Moseley, leave of absence was granted Mr. Mattox, on account of sickness.
Leave of absence was granted l\1 r. Smith of the Fifth District, and Mr. \VooJward, on account of sickness.
Mr. McDaniel, chairman of the Committee on the Judiciary, made a report on certain bills.
Mr. \Vinn, chairman of the Committee on Corporations, made a report on certain bills.
Mr. Byrd, chairman of the Committee on Agriculture, made a report on a certain bill.
Mr. Reid, chairman of the Special Committee on Apportionment, made a report on a certain bill.
On motion of Mr. Gorman, leave of absence was granted Mr. Johnson until Monday next, on important business.
The bill to re-apportion the Representatives in the General Assembly amongst tht: several counties of this State, as provided for in article 3, section 3, paragraph 1 of the Constitution of the State of Georgia, was read the second time and passed to a third reading.
Mr. Parks offered a privileged resolution, which was read and agreed to, inviting Judge Thomas M. Jones, of the county of Terrell, to a seat on the floor of the Senate.
Under the call of the roll for the introduction of new

jULY 29, 1881.

139

matter, the following bills were introduced, read the first time, and referred to the Committee on the Judiciary, to-wit:
By Mr. GuerryA bill to amend the oath of claimants in this State, etc. By Mr. WinnA bill to provide for the amendment of corporate charters, and for other purposes ; and A bill to prohibit the sale of intoxicating liquors within one mile of a chartered college or institution of learning. By Mr. GormanA bill to amend section 415 I of the Code of 1873. The following bill, introduced by Mr. Carter, was read the first time, and referred to the Committee on Education, to-wit: A bill to increase, enlarge and improve the educational facilities and appliances of the University of Georgia. The Senate having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock A. M., to-morrow.

SENATE CHAMBER, .\TLANTA, GA., Friday, July 29, 1881, 10 o'clock A. M.

The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Rev. Mr. Clark, Representative from the county of Wayne.
On the call of the roll, the following Senators answered 'to their names, 'to-wit :

Baggs, Biker, Barksdale, Brown, Butt, Byrd,
Carter,
Curtis, Daniel, Denmark, Duggar, Gorman,

Guerry, Harre.: II Hawes'
Hackett, Hicks,
Jordan, King, McDaniel, l\'lcWhorter, l\leldrfm,
:'lfoseley, Parks,

Payne, Price, Heid.
Smith of the l.'ith, Smth of the 23<1, Storey,
Suddnth. Treadwell, Westbmok Wiun,
Mu. PHESIDENT.

)OUR:'IIAL OF THE SENATE,
The Journal was read and approved. On motion of :\Jr. :\IcDaniel, leave of absence was granted l\Ir. Harrell for a few days, on important business. On motion of l\Ir. Guerry, leave of absence was granted Mr. Denmark until Thursday next, after to-day, on particlar business. Leave of absence was granted }fr. Smith of the Fifteenth District, until Tuesday, on important business. :\lr. :\fcDaniel, chairman of the Committee on the Judiciary, made a report on certain bills. Mr. Duggar offered a privileged resolution, which was read and agreed to, inviting the Bon. Wm. H. Simmons, ex-Senator of the Forty-first District, to a seat on the floor of the Senate during his stay in this city. ~lr. Guerry, chairman of the Finance Committee, made a report, which was read, in relation to a certain bill.
The bill of the Senate to amend the oath of claimants in this State, etc_, was read the second time and passed to a third reading.
The bill of the House to amend section 3648 of the Revised Code of 1873, relating to the summary sale of perishable personalty, etc., was takt:n up for a second reading under adverse report of the Committee on the Judiciary, and on motion of Mr. Parks, was laid on the table for the present, without having been read the second time.
The following bills of the House were read the secorld time and passed to a third reading, to-wit:
A bill to fix the compensation of the Solicitor of the County Court of Richmond county.
A bill to provide compensation for the Solicitor-General of the \Vestern Circuit for services in criminal cases in the county of Clarke ; and
A bill to authorize the Commissioners of Roads and Revenues of Baker county to provide for paying the out-

}ULY 29, 1881.
standing debt of the county by levying a tax of 50 per cent. on the State tax duringtheyears 1882 and 1883, and for other purposes.
The Senate took up the report of the Special Committee on Apportionment upon the bill to change the apportionment of Representatives in the General Assembly amongst the several counties of this State as provided for in article 3. section 3, paragraph I of the Constitution of Georgia.
The report, which was favorable, was agreed to.
The bill was read the third time and passed by a constitutioal majority, there being ayes, 32 ; nays, o.
The Senate took up the report of the Committee on Corporations upon the bill of the House to amend an act entitled an act to provide for the creation of Boards of Commissioners of Hoacls and Revenues in the counties of Cobb, Dooly, Henry and Telfair, in this State; to prescribe ' their duties, etc., :.u far as said act applies to the county of Cobb.
The Committee on Corporations reported in favor of the passage of the bill by substitute.
The report was agreed to.
The bill was read the third time and passed, as amended by substitute, by a constitutional majority of ayes, 30; nays, o.
The Senate took up the report of the Committee on Agriculture upon the bill of the House to protect the citizens of the county of Dade from the injurious consequences of cattle speculators and other persons driving stock through said county of Dade, and spreading distemper or disease to the destruction of the cattle and other stock of the people living therein.
The report which was favorable, was agreed to.
The bill was read the third time, and pending the question of its passage was, on motion, recommitted to the Judiciary Committee.

JouRNAL OF THE SENATE,
Mr. Winn, chairman of the Committee o~ Corporations made a report, which was read, on the bill of the House to amend an act entitled an act to incorporate the Gainesville, Jefferson and Southern Railroad Company, and for other purposes therewith connected, approved August 23, 1872, so as to authorize said Railroad Company to increase the number of its directors; to issue or to ratify the issue of bonds, and to secure the samP hy a mortgage of its franchises and property, and to fix the principal office of said corporation.
Mr. McDaniel, chairman of the Committee on the J udiciary, made a report, which was read, on the bill of the Senate to amend section 415 I of the Code of 1873.
On motion of Mr. Winn, the two last mentioned bills were taken up, read the second time a'1d passed to a third reading.
On motion of Mr. Moseley, the call of the roll for the introduction of new matter was ordered, and proceeded with, when the following bills were introduced, and referred, as respectively indicated, to-wit:
By Mr. MoseleyA bill to declare the town of Toccoa, or its vicinity, in the County of Habersham, the site of a branch of the State Lunatic Asylum ; to provide for the establishment of the same, and for other purposes. Referred to the Committee on the Lunatic Asylum.
By Mr. ParksA bill to carry into effect paragraph 18, section 7 of article 3 of the Constitution of this State, in so far as the same relates to changing names, and to provide that the name of the wife may be changed by the final verdict, and by the decree rendered in divorce suits. Referred to the Committee on the Judiciary.
Mr. Moseley also offered a joint resolution in relation to the articles of agreement between the Commissioners

143
of the States of Georgia and South Carolina, in regard to the boundary line between said States.
The sqme was read, and referred to the Committee on the Judiciary.
The following mess<Jge was received from the House of Representatives, through Mr. Hardin, the Clerk thereof:
Mr. Pnsidmt :
The House of Representatives has passed the following bids, to wit:
A bill to be entitled an act to prescribe the methods of granting license to sell spirituous or intoxicating liquors in the county of Screven, and to increase the fee for said license to ten thousand dollars, and for other purposes ; also,
A bill to be entitled an act to repeal an act to consolidate the offices of the County Treasurer and Clerk of the Superior Court in the county of \Vebster, and to provide for the compensation of the same, and for other purposes, approved February rg, I 876 ; also,
A bill to be entitled an act to amend an act to create a Board of Commissioners of Roads and Revenues for the county of Webster, define their powers and duties, and for other purposes, approved August 23, 1872, and an act amendatory thereof, approved February q, r873; also,
A bill to be entitled an act to incorporate the Planters' Banking Warehouse and Commission Company, at Camilla, Mitchell county, Ga. ; also,
A bill to be entitled an act to prohibit the sale of spirituous, malt or intoxicating liquors, in any quantity whatever, within two miles of the court house in the town of Cleveland, in the county of White, except upon the written prescription of a regular licensed physician, and to provide a penalty therefor; also,

144

]OCRN.JL OF THE SEKATE,

A bill to be entitled an <~ct to prohibit the sale or furnishing of spirituous, malt or other intoxicating liquors or bitters. in any q.tantity, either by wholesale or re-tail. with the limits of the 714th District, G. l\1., Carroll county. Ga., and to provide for the punishment of the same ; also,
A bill to be entitled an act to incorporate the Savannah Storage Company, and for other purposes; also,
A bill to be entitled an act to amend an act, approved February 26, 1876, so as not to compel the ~fayor and Council of Athens to levy one-half of one per cent. tax to pay the principal and interest on the bonds therein mentioned, but to only require the Mayor and Council of Athens to levy such amount of tax as will be necessary to pay the interest on said bonds, and provide for the principal ; also,
A bill to be entitled an act to exempt from jury duty all regular licensed pilots, together with their boatkeepers, actually engaged on the pilot boats, in the various ports in this State; also,
A bill to be entitled an act to authorize the Board of Commissioners of Roads and Revenues of the county of Glynn to issue bonds not to exceed the sum of forty thousand dollars, ($40, ooo) bearing interest not exceeding the rate of seven (7) per centum per annum for the purpose of refunding the present outstanding bonded debt, and for other purposes ; als0,
A bill to be entitled an act to prohibit the sale or furnishing of spirituous, malt, or other intoxicating liquors within the limits of Lowndes county, and to provide a punishment for the violation of the same; also,
A bill to be entitled an act to reduce the official bond of the sheriff of the county of Early from the amount now fixed by law to the sum of five thousand dollars; also,
A bill to be entitled an act to establish a system of public schools for the city of Rome, and to provide for

145
the ::.upport and maintenance thereof, and for other purposes.
A bill to be entitled an act to prohibit the sale or: furnishing of spirituous, malt or other intoxicating liquors in the county of Dooly, and providing punishment for the same; also,
. A bill to be entitled an act to prescribe the method of granting license to sell spirituous liquors in the county of Effingham, and to increase the fee for the same to five thousand dollars ; also,
A bill to be entitled an act to amend an act entitled an act to incorporate the town of "Vest End, in the county of Fulton, approved October 10, 1868; an act entitled an act to amend an act entitled an act to amend an act entitled an act to incorporate the town of West End, approved October IO, 1868, approved February 23, 1873, especially as regards police regulations, collection of taxes, suppression of crime, etc.
At the hour of 1 I o'clock A.M., the President announced the special order of the day, to-wit: The report of the committee upon the bill to render more efficient and economical the inspection and analysis of fertilizers, and for other purposes connected with the sale of fertilizers in this State.
The report of the Committee on Agriculture r.ecommended the passage of the bill, with the following amendments, to-wit :
To be entitled an act to render more efficient and convenient the inspection and analysis of fertilizers, and for other purposes connected with the sale of fertilizers in this State.
Amend section 1 by striking out the word ' four" and inserting the word '' three" in the eighth line of said section, and make it read "three thousand" instead of ''four thousand."
10

jOURNAL OF THE SENATE,

Amend section 3 by striking out the word "traveling" in the nineteenth line of section 3
Amend section 6 by striking out the word ''twenty-five" and inserting ''fifty," in the second line of section 6.

Amend section 8 by adding, at the close of said section :

'' And any of said inspectors who shall tag or brand, or cause to be tagged or branded, any fertilizer without personally inspecting the same, shall, on conviction, be punished as prescribed in section 43 lO of the Code of I 87 3"

Amend section 10 by adding at the close of section lO: "And provided that each package shall contain the number of pounds charged for by the manufacturer or agent selling the same."
Amend section 12 by striking the figures 1 ~ in the sixth line and inserting the figure 2, making it read ''2 per centum," instead of I~ per centum of ammonia."
Strike out all of section 15. Strike out all of section 17. On motion of Mr.. McDaniel, it was ordered by the Senate that the amendments proposed be taken up and acted upon separately, and that the bill also be acted upon by sections.

The first amendment, to-wit, to change the title as stated, was agreed to.

On the proposition of agreeing to the amendment of the first section, by striking out the word ''four" and inserting '' three'' in the eighth line of said section and making it read "three thousand" instead of '' four thousand," the ayes and nays were required to be recorded.

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

Baggs,
Baker, Barksdale,
Butt,
Byrd, Carter, Curtis, Daniel,
Denmark,

Gorman, Harrell, Hawes, Hackett, Hicks, Jordan, McWhorter, Moseley, Parke,

Payne, Price,
Smith of the 15th,
Smith of the 23d, Suddath, Treadwell, Wilson,
Winn.

JuLY 29, r88r.

I47

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

Brown,
Guerry, King,

McDaniel,
Meldrim, Storey,

Westbrook,
MR. PRK8IDENT.

Ayes, 26. Nays, 8.

So the amendment was agreed to.

The remaining amendments proposed by the Committee

on Agriculture were taken up separately and severally

agreed to.

The report, as amended, was then taken up by sections,

and sections I, 2, 3, 4, 5, 6 and 7 were adopted without further amendment.

Section 8 was read, and Mr. Hawes moved to amend

the same by striking out the words, '' without the State,"

where they occurred in the fifth line thereof.

On this proposition the ayes and nays were required to

be recorded.



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

Baggs,
Brown, Carter,
Duggar, Guerry, Hawes,
Hackett,

Hicks,
McWh'>rter, Meldrim,
Moseley, Payne, Price,

Smith of the 15th,
Smith of the 23cl, Suddath, Treadwell, Wilson, Winn.

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

Baker, Barksdale,
Butt,
Byrd, Curtis,

Denmark, Gorman,
.Jordan,
Kiug, McDaniel,

Rarks, Peid,
Stnr~y,
Westbrook,
MR. PRESIDENT.

Ayes, I g. Nays, IS

Mr. Byrd moved to further amend the eighth section by

filling the blank caused by striking out the. words " without the State," with the words, "Port Royal and Charleston."

This amendment was rejected.

Mr. Hawes moved to amend the eighth section further

by striking out the word ''may" where it occurred in the

sixth line thereof, and filling the blank with the word "shall."

JouR~AL oF THE SENATE,

This amendment was agreed to. Mr. \Vestbrook moved to amend said eighth section by

adding the following after the word ''inspection" where it

occurs in the eighth line thereof, to-wit: ''Provided, that

such inspectors going out of the State, shall be confined to

the ports of Wilmington, N.C., Norfolk, Va., Charleston

and Port Royal, S. C., Baltimore, Md., and Fernandina,

Florida.

This amendment was not agreed to.

The eighth section was adopted as amended.

The ninth section was read.

On motion of Mr. Hackett, the same was amended by

striking out from the third line thereof the words, ''or from

which it will enter the State."

This amendment was agreed to, and the ninth section

was adopted, as amended.

The tenth section was read, and pending the adoption

thereof, Mr. Guerry moved to recommit the bill and amend-

ments to the Committee on Agriculture. .

On this proposition, Mr. Wir,n required the ayes and

nays to be recorded.

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

Barksdale, Brown Butt, '
Byrd, Carter, Denmark, Duggar, Gorman,

Guerry, Hicks,
Jordan,
King, McDaniel,
:Moseley, Parks Payn;,

Reid, ~mith of the 15th, Storey, Westbrook, wino,
MR. PRESIDENT.

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

Baggs, Baker,
Curtis, Daniel, Hawes,

Hackett,
McWhorter,
Meldrim, Price, Smith of the 23d,

Suddath, Treadwell, Wilson.

Ayes, 22, Nays, 13.

So the motion to recommit prevailed. Mr. McWhorter, chairman of the Committee on Enroll-

ment, begs leave to make the following report:

}ULY 30, I88r.

149

Mr. President:

The Committee on Enrollment report as duly enrolled and ready for the signatures of the President of the Senate and Speaker of the House of Representatives, the following acts, to-wit:
An act to alter and amend an act to provide for a county Board of Commissioners for the county of Mitchell; also,
An act to require Ordinaries, Commissioners, or other persons having charge of county finances to furnish dockets to Justices of the Peace, and Notaries Public, etc.; also,

An act to repeal an act to amend an act to create a Board of Roads and Revenues for the county of Baker, etc.; also,
An act to repeal the act entitled an act to create a Board of Commissioners of Roads and Revenues for the county of Milton; also,
An act to provide for sales made under and by virtue
of any fl. fa. or other process issued from the County Court
of this State; also,
An act to repeal an act to create and organize a County Court for the county of Habersham, etc.

The Senate having disposed of all buc;iness on the desk of the Secretary, adjourned, on motion, until 10 o'clock A. M., to-morrow.

SENATE CHAMBER, ATLANTA, GA., Saturday, July 30, 1881, 10 o'clock A. M. The Senate met purs~ant to adjournment, the President in the chair.
Prayer was offered by Rev. Mr. Clarke, representative from the county of Wayne.
On the call of the roll, the following Senators answered to their names, to-wit:

I$0

JouRNAL OF THE SENATE,

Baggs, Baker,
Barksdale, Brown,
Bond, Butt, Byrd, Carter,
Curtis, Daniel,
Denmark,
Duggar,

Gorman, Guerry,
Harris, Hawes,
Hackett, Hicks, Jordan, King,
McDaniel, l\lc Whorter,
Meldrim,
Moseley,

Parks, Payne, Price, Reid, Storey, Suddath, Smith of the 23d, Treadwell, '.Vi! son, Winn, Woodward,
MR. PRESIDENT.

The Journal was read and approved.

Mr. McDaniel, chairman of the Committee on the Jud1 ciary, made a report on certain bills, which was read.
On motion of Mr. Price, leave of absence was granted Mr. Neal for this day and Monday next, on important business.
Mr. Price, chairman of the Committee on Education, made a report on certain bills, which was read.
Mr. Butt, chairman of the Committee on Internal Improvements and Railroads, made a report on certain bills, which was read.
The following message was received from thF. 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 provide compensation for jurors in the County Courts of this State ; also,
A bill to be entitled an act to amend an act entitled an act to incorporate the Gainesville, Jefferson and Southern Railroad Company, and for other purposes therewith connected, approved August 23, 1872; also,
A bill to be entitled an act to repeal an act entitled an act to organize a County Court' for the county of Randolph, and for other purposes, approved February 2 I, 1876.
The House of Representatives has also agreed to a reso-

}ULY 30, 1881.
lution authorizing the Governor to purchase for the State library an analytical index of the Georgia Supreme Court Reports, from volume 41 to '61 inclusive, in which they ask the concurrence of the Senate.
The bill of the Senate to prohibit the sale of intoxicatin~ liquors within one mile of a chartered college or institution of learning, was read the second time and p;:tssed to a third reading.
The following bills of the House were read the second time and passed to a third reading, to-wit:
A bill to regulate the manner of letting out contracts to build or repair public bridges over water-courses which divide one or more counties, and to provide for the payment of the same when completed.
A bill to change the time of holding the Superior Courts in the counties of Lumpkin and Dawson, in the Blue Ridge Judicial Circuit, so as to allow the county of Lumpkin, in said circuit, two weeks at each the Spring anrl Fall terms of said court, and for other purposes.
A bill to authorize the corporation of the City of Sandersville to levy a tax for the purpose of establishing and maintaining public schools in said city, and for other purposes.
A bill to amend an act entitled an act to enable the purchasers of railroads to form corporations and to exercise corporate powers, and to define their rights, powers and privileges, approved February 29, 1876; and
A bill to amend, extend and enlarge the provisions of an act to enable the purchasers of railroads to form corporations and to exercise corporate powers, and to define their rights, powers and privileges, approved February 29, 1876, whenever a majority in interest of said purchasers shall have complied, or hereafter may comply, with the provisions of section 1 of said act, and to confer additional powers on said corporations, and for other purposes.
The following bills of the House were read the first

jOURNAL OF THE SENATE,
time and referred to the Committee on the Judiciary, to-wit:
A bill to prohibit the sale of spirituous liquors, etc., in any quantity, within two miles of the cou'rt house in the town of Cleveland, in White county, except upon the written prescription of a regularly licensed physician, and to provide a penalty therefor.
A bill to amend an act to create a Board of Commissioners of Roads and Revenue for the county of Webster, define their powers and duties, and for other purposes, approved August 23, 1872; an act amendatory thereof, approved February 14, 1873.
A bill to repeal an act to consolidate the offices of the County Treasurer and Clerk of the Superior Court of the county of Webster, and to provide for the compensation of the same, and for other purposes, approved February 19, 1876.
A bill to prescribe the method of granting license to sell spirituous liquors in the county of Screven, and to increase the fee for said license to ten thousand dollars, and for other purposes.
A bill to prohibit the sale or furnishing of spirituous, malt or other intoxicating liquors or bitters, in any quantity, either hy wholesale or retail, within the limits of the 714th District G. M., Carroll county, Ga, and to provide for the punishment of the same.
A bill to prescribe the method of granting license to sell spirituous liquors in the county of Effingham, and to increase the fee for the same to five thousand dollars.
A bill to prohibit the sale or furnishing of spirituous, malt or other intoxicating liquors in the county of Dooly, and providing punishment for the same.
A bill to provide compensation for jurors in the County Courts in the State of Georgia.
A bill to repeal an act entitled an act to organize a County Court for the county of Randolph ; to define the

JuLY 30, r88r.

153

jurisdiction, and to make applicable to the same, certain provisions of the Code of 1873, and for other purposes, approved February 21, 1876, and all acts amendatory thereof; to provide for the proper disposition of the business, civil and criminal, now pending before said court ; to abolish said court, and for other purposes.
A bill to reduce the official bond of the Sheriff of the county of Early, from the amount now fixed by law to the sum of five thousand dollars.
A bill to exempt from jury duty all regularly licensed pi!ots and their boat keepers actually engaged on the pilot boats in the various ports in the State.
A bill to authorize the Board of Commissioners of Roads and Revenues of Glynn county to issue bonds for the purpose of refunding the present bonded debt of said county, and for other purposes ; and
A bill to prohibit the sale or furnishing of spirituous, malt or other intoxicating liquors, within the limits of Lowndes county, and to provide for punishing the same.

The following bills of the House were read the first time, and rt:ferred to the Committee on Corporations, to-wit:

A bill to incorporate the Savannah Storage Company ; to authorize said company to receive deposits of money, valuables, or any kind of personalty wh,:1-tsoever ; to loan money, to do a general banking business, and for other purposes.
A bill to amend an act entitled an act to incorporate the town of West End, in Fulton county, approved October 10, 1868, and an act entitled an act to amend an act entitled an act to incorporate the town of West End, approved October ro, r868, approved February 23, 1873, especially as regards police regulations, collection of taxes, suppression of crime, etc. ; and
A bill to amend an act entitled an a:>t to incorporate the Gainesville, Jefferson and Southern Railroad Company,

154

JouRNAL OF THE SENATE,

and for other purposes therewith connected, approved

August 23d, 1872, so as to authorize said company to

proceed at once to build a branch of their road from a

point near the line between the counties of Hall and Jackson, to Monroe, in Walton County, or Covington in

Newton county, or some other point on the Georgia Rail;

road, to be selected by the President and Directors of said

Company, and to issue and sell the bonds of said Rail-

road Company; to raise money to iron and equip said road

and the branch herein authorized, and to secure the pay-

ment of the principal and interest of said bonds by a

mortgage of its franchises a-nd property.

The bill of the House to incorporate the Planters' Bank-

ing, \Varehouse and Commission Company at Camilla, in

Mitchell county, Ga., was read the first time and re-

ferred to the Committee on Banks.

The bill of the House to amend an act approved Feb-

ruary 26, 1876, so as not to compel the Mayor and Coun-

cil of Athens to levy one-half of one per cent. tax to pay

the principal and interest on the bonds therein mentioned,

but to require them to levy such amount of tax as will be

necessary to pay the interest on said bonds, and provide

for the principal, was read the first time, and referred to the

Committee on Finance.



The bill of the House to establish a system of Public

Schools for the City of Rome, and to provide for the sup-

port and maintainance thereof, and for other purposes, was

read the first time, and referred to the Committee on Education.

The resolution of the House to authorize the Governor to purchase for the State Library an analytical index of

the Supreme Court Reports, from volume 41 to 61 inclu-

sive, was read the first time, and referred to the Committee

on the Judiciary.

The Senate took up the report of Judiciary Committee

on the bill to amend section 4151 of the Code of 1873

JULY 30, 1881.

ISS

Said committee recommended the passage of the same by substitute.
The report was agreed to. The bill was read the third time, and on the question of its passage, as amended by substitute, Mr. vVinn required the ayes and nays to be recorded.

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

Baggs, BakPr,
Barksdale,
Brown, Bond, Butt,
Byrd, Carter, Curtis,
Daniel,
Gorman,

Guerry, Harris, Hawes Hackett,
Hick~,
King, -
l\icDaniel, Me Wllorter, 1\leldrim,
~Ioseley,
Parks,

Payne, Price, Smith of the 23d, Storey,
Suddatu,
\Vest brook,
Wilson, Winn.
l\1&. PRESID&.'IT.

Ayes, 31. Nays, o.

So the bill having received a constitutional majority was

passed.

The Senate took up the report of the Judiciary Com-

mittee on the bill to amend the oath of claimants in this

State, etc.

Said committee reported in favor of its passage by

substitute.

The report was agreed to.

The bill was read the third time and passe~, as amended by substitute, having received a constitutional majority of ayes, 30; nays, o.
The Senate took up the report of the Finance Committee on the bill of the House to authorize the Commissioners of Roads and Revenue of Baker county to provide for paying offthe outstanding debt of the county by levying a tax of fifty per cent. on the State tax during the years r882 and r883, and for other purposes.
Satisfactory evidence was submitted to the Senate that due legal notice had been given of the intention to apply for the passage of this bill.

jOURNAL OF THE SENATE,
The report of the committee, which was favorable, 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 the report of the Committee on the Judiciary, on the bill of the House to fix the compensation of the Solicitor of the County Court of Richmond county.
Satisfactory evidence was submitted to the Senate that due legal notice had been given of the intention to apply for the passage of this bill.
The report, which was favorable, was agreed to. The bill wac; read the third time and passed by a constitutional majority, there being ayes, 29 ; nays, o. The Senate took up the report of the Committee on Corporations on the bill of the Hous to amend an act entitled an act to incorporate the Gainesville, Jefferson and Southern Railroad Company, and for other purposes, appproved August 23, 1872, so as to authorize said Railroad Company to increase the number of its directors; to issue or to ratify the issue of bonds, and to secure the same by a mortgage of its franchises and property, and to .fix the principal office of said corporation. The report of the ~"'inance Committee, which was favorable to the passage of the bill, was amended, on motion of Mr. Winn, by striking from the end of section 2, the words "provided the money thus raised, shall be used only for the purpose of equipping and ironing said road and its branches.'' The report as amended, was agreed to. Satisfactory evidence was submitted to the Senate that .due legal notice of intention to apply for the passage of this bill had been given. The bill wa~ read the third time and passed, as amended, by a constitutional majority, there being ayes, 30; nays, o. The Senate took up the report of the Committee on the Judiciary on the bill of the House to provide compensa-

Aum.:sT I, 1881.

I 57

tion for the Solicitor-General of the \Vestern Circuit, for services in criminal cases, in the county of Clarke.
The report, which was favorable, was agreed to. 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 bill was read the third time and passed by a constitutional majority, there being ayes, 28 ; nays, o. The Senate having disposed of all business on the desk of the Secretary, adjourned until Io o'clock A.M., Monday.

SENATE CHAMBER, ATLANTA, GA., Monday, August I, I88I, 10 o'clock A.M.

The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Rev. J. \V. Heidt, D. D., Chaplain of the Senate.
On the call of the roll, the following Senators answered to their names, to-wit:

Baggs, Baker,
Barksdale,
Brown,
Bond, Butt,
Carter, Curtis,
Daniel, Gorman,
Guerry,

Harris, Hawes,
Hackett,
Hicks, Jordan,
Johnson, King,
!icDaniel, Mc\Vborter,
Meldrim, Parks,

Payne, Price, Reid, Smith of the 23d, Storey, Suddath, Westbrook,
Wilson, Winn,
MR. PBKSIDBNT.

The Journal was read and approved.

Mr. McDaniel, chairman of the Committee on the ] udiciary, made a report on certain bills, which was read.
Mr. Guerry, chairman of the Committee O? Banks, made
a report, which was read, in relation to a certain bill.

Mr. Price, chairman of the Committee on Education, made a report, which was read, relating to a certain bill n;ferrM to said committee.

JOURNAL OF THE SENATE,
On motion of Mr. Hackett, leave of absence was granted Messrs. Treadwell and Duggar to enable them to visit certain convict camps.
On motion of Mr. Smith of the Twenty-third District, )eave of absence for to-day was granted Mr. Byrd, on important business.
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. McDanielA bill to define the law of prescription in certain cases.
By Mr. ParksA bill to alter and amend section 326 of the Code of 1873, which provides how matters, causes, and proceedings pending in the Ordinary's Court are disposed of when the Ordinary is disqualified. Mr. Harris offered the following privileged resolution, which was read and agreed to, to-wit:
Resolved, That Hon. Tom Eason, of the County of Telfair, be invited to a seat on the floor of the Senate during his stay in this city.
Mr. Winn, chairman of the Committee on Corporations, made a report on a certain bill, which was read.
The following bill of the Senate was taken up for a second reading, under the adverse report of the Committee on Education, and, on motion of Mr. Hackett, was laid on the table for the present, to-wit:
A bill to alter and amend the Public School system of of this State; to abolish the office of County School Commissioners, and to provide for the election of Public School Trustees for each militia district; to define their duties, and for other purposes.
'l'he bill to fix the fees of public weighers of cott~on, and to punish the charging and taking of excessive fees'

AucusT I, I88I.

I 59

was read the second time and laid on the table for the present.
The bill to carry into effect paragraph I8, section 7, of article 3 of the Constitution of this State, in so far as the same relates to changing names, and to provide that the name of the wife may be changed by the final verdict, and by the decree rendered in divorce suits, was read the second time and passed to a third reading.
The following bills of the House were read the second time, and passed to a third reading, to-wit :
A bill to amend the charter of the City of Griffin, so as to authorize the Mayor and Council to establish a system of public schools, and to provide revenue for support of the same, and for other purposes ; and
A bill to amend an act entitled an act to incorporate the Gainesville, Jefferson and Southern Railroad Company, etc.
The bill of the House to amend an act entitled an act to enable purchasers of Railroads to form corporations, and to exercise corporate powers, and to define their rights, powers and privileges, approved February 29, I876, was taken up for a third reading, and, on motion of Mr. McDaniel, was laid on the table for the present.
The Senate took up the report of the Committee on Internal Improvements and Railroads on the bill of the Hou ;e to amend, extend and enlarge the provisions of an act to enable the purchasers of railroads to form corporations, and to exercise corporate powers, and to define their rights, powers and privileges, approved February 29, I 876, whenever a majority in interest of said purchasers, shall have complied, or hereafter may comply with the provisions of section first of said act, and to confer additional powers to said corporations, and for other purposes.
The said committee recommended the passage of the bill

160

JouRNAL OF THE SENATE,

by striking from the second and third lines of section I the words, ''or hereafter to be made."
From the seventeenth to the eighteenth lines the words, "or shall hereafter be." From the seventy-fith line the words, ''or may be."
The amendments were agreed to. The report was agreed to.
The bill was read the third time and passed as amended, by a constitutional majority, there being ayes, 26; nays, o.
On motion of Mr. Butt, the Secretary was instructed to transmit the same at once to the House of Representatives.
The Senate took up the report of the Judiciary Committee on the bill to prohibit the sale of intoxicating liquors within one mile of a chartered college or institution of learning.
The committee recommended its passage with the following amendments, to-wit : By striking out the words ''one mile," and inserting "two miles," in the title and section 1.
Amend the title and section 1 by adding after the word ''learning" the words, ''or common school, or private school."
The report was agreed to.
The bill was read the third time, and pending the question of its passage, as amended, the same was, on motion of Mr. Parks, laid on the table.
The bill of the House to amend section 3648 of the Revised Code of 1873, which provides for the summary sale of perishable personalty levied on, requiring notice to be given in every case where application is made for an order to sell personal property in a summary manner, was taken up for a second reading, but without being read, was laid on the table.
The Senate took up the report of the Committee on the Judiciary on the bill 'Of the House to change the time of

AVGUST I, 1881.
holding the Superior Courts in the counties of Lumpkin and Dawson, in the Blue Ridge Judicial Circuit, so as to allow the county of Lumpkin in said circuit, two weeks at each the Spring and Fall terms of said court, and for other purposes.
The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority, there being ayes, 27; nays, o. The Senate took up the report of the Committee on Education on the bill of the House to authorize the corporation of the City of Sandersville to levy a tax for the purpose of establishing and maintaining public schools in said city, and for other purposes. Satisfactory evidence was submitt~d to the Senate that due legal notice of intention to apply for the passage of this bill had been given. The report, which was favorable, was agreed to. The bill was read the third time and passed by a con stitutional majority, there being ayes, 27; nays, o. The Senate took up the report of the Judiciary Committee on the bill of the House to regulate the manner of letting out contracts to build or repair public bridges over water-courses which divide one or more counties from each other, and to provide for the payment of the same \\'hen completed.
The report, which was favorable, was agreed to.
The bill was read the third time and passed by a onstitutional majority, there being ayes, 25; nays, o.
On motion of Mr. Meldrim, the bill to change the time of holding the Superior Courts of Bulloch and Effingham counties was taken from the table, but on his motion, was again laid on the table.
The House resolution in relation to the articles of agreement between the Commissioners of the States of Georgia
II

:t62

JouRNAL OF THE SENATE,

and South Carolina, in regard to the boundary line between said States, was taken up, under the favorable report of the Judiciary Committee, read the second time and agreed to.
Mr. Westbrook, under a suspension of the rules, introduced a bill to incorporate the Albany, Atlantic and Gulf Transportation Company, which was read the first time, and referred to the Committee on Corporations.
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 appropriate the sum of sixty dollars to pay I. Y. Sawtell, due him as witness for twenty-five days' attendance, under subpcena, as a witness before the Joint Wild Land Committee, at the last session of the General Assembly; and,
A bill to be entitled an act to allow the Mayor and Council of Athens to use the money set aside heretofore, for the purpose of building public cisterns, to pay the appropriation made to Pioneer Hook and Ladder Company, for the purpose of purchasing lot upon which to locate their hall, and for any other purpose connected with the fire department; also,
A bill to be entitled an act to provide for the payment of the debt of Clarke county, and to meet the annual current expenses of said county; also,
A bill to be entitled an act to prevent the sale of intoxicating liquors within three miles of Pisgah and Mount Pleasant Churches in the 855th District G. M., of Floyd county, and to provide a penalty therefor; also,
A bill to be entitled an act to prohibit the buying, selling, delivering, or receiving of any farm products therein specified, between sunset and sunrise in the county of

AC'GlJST I, I88I.
Bibb, and to prescribe the punishment therefor, and for other purposes ; also,
A bill to be entitled an act to appropriate the sum of two thousand five hundred dollars to trustees of Deaf and Dumb Asylum, for the purpose of fitting up a number of rooms in the building for colored mutes at Cave Springs, and for other purposes ; also,
A bill to be entitled an act to amend section 4109 of the Code of I873, which relates to post mortem examinations, and to provide for the same in certain cases; also,
A bill to be entitled an act to amend an act entitled an act to incorporate the Stone Mountain Granite and Railway Company, and for other purposes, approved October 26, 1870; also,
A bill to be entitled an act to prohibit the sale of intoxicating spirits within three miles, in every direction, from the Bethlehem Baptist Church in 1074th District G. M., in the county of Polk, and within three miles, in every direction from the Shiloh Baptist Church, in 1074th District G. M., in said county; also,
A bill to be entitled an act to allow certain pupils to attend the State Institute for the Deaf and Dumb as day scholars, and for other purposes; also,
A bill to be entitled an act to incorporate the Merchants' and P1anters' Steamboat Company, and for other purposes; also,
A bill to be entitled an act to amend the charter of the town of Louisville, Jefferson county, and to prohibit the sale of spirituous liquors in said town ; also,
A bill to be entitled an act to repeal an act entitled an act to fix the place for Sheriffs' sales, in the county of Baldwin, approved February I3, I874; also,
A bill to be entitled an act to create a Board of County Commissioners for Brooks county ; to prescribe the manner of the appointment_ of the members of such Board, and for other purposes.

JouRNAL OF THE SENATE,
The House of Representatives has also agreed to a resolution authorizing the State Treasurer to pay the sergeant-at-arms of the Joint Special Committee to investigate the Western and Atlantic Railroad, the sum of one hundred dollars, or so much thereof as may be found necessary to defray the expenses of said committee in sending for persons and papers, and any other incidental expenses that may be incurred by said joint committee in the proper discharge of its duties.
The House of Representatives has also concurred in the Senate's amendment to a bill to be entitled an act to amend, extend and enlarge the provisions of an act to enable the purchasers of railroads to exercise corporate powers, and to define their rights, powers and privileges, approved February 29, 1876, and for other purposes.
On motion of Mr. i\Icldrim, the bill to change the time of holding the Superior Courts of Bulloch and Effingham counties, was taken from the table, and the Senate took up the favorable report of the Judiciary Committee thereon.
1\h. i\Ieldrim offered to amend the report by a substitute, which is a bill to change the time of holding the Superior Court of Bulloch county.
The amendment was adopted. The report, as amended, was agreed to.
The bill was read the third time and passed, as amended, by substitute, by a constitutional majority, there being ayes, 25; nays, o.
On motion of Mr. Price, leave of absence was granted Mr. Suddath for to-day.
On motion of Mr. Butt, the bill of the House to amend an act entitled an act to enable the purchasers of railroads to form corporations and to exercise corporate powers, and to define their rights, powers and privileges, approved February 29, 1876, was taken from the table, the report thereon having been this day agreed to.

AUGUST I, I88I,
The bill was read the third time and passed by a constitutional majority, there being ayes, 24; nays, o.
The following House bills and House resolution were read the first time, and referred to the Committee on Finance, to-wit :
A bill to appropriate the sum of sixty dollars to pay I. Y. Sawtell, due him as witness fees for twenty-five days' attendance under subpcena as a witness before the Joint Wild Land Committee, at the last session of the General Assembly.
A bill to allow the Mayor and Council of Athens to use the money heretofore set aside for building cisterns, to pay appropriations to the Pioneer Hook and Ladder Company, etc.; and
A resolution to pay the sergeant-at-arms of the Joint Committee on the lease of theWestern and Atlantic Railroad.
The following bills of the House were read the first time, and referred to the Committee on the Deaf and Dumb Asylum, to-wit :
A bill to allow certain pupils to attend the State Institute for the Deaf and Dumb as day scholars, and for ot.her purposes; and
A bill to appropriate the sum of two thousand five hun dn:d dollars to the Trustees of the Deaf and Dumb Asylum for the purpose of fitting up a number of rooms in the building for colored mutes at Cave Springs, and to make other improvements and repairs, etc.
The following bills were read the first time, and referred to the Committee on Corporations, to-wit:
A bill to incorporate the Merchants' and Planters' Steamboat Company, and for other purposes.
A bill to create a Board of County Commissioners for Brooks county; to prescribe the manner of the appoint ment of the members of such Board, and for other purposes therein mentioned ; and

166

jOURNAL OF THE SEXATE,

A bill to amend an act entitled an act to incorporate the Stone Mountain Granite and Railway Company, and for .other purposes, approved October 22, 1870.
The bill of the House to prohibit the buying, selling, delivering, or receiving of any farm products therein specified, between sunset and sunrise, in the county of Bibb, and to prescribe the punishment therefor, and for o~her purposes, was read the first time, and referred to the Committee on Agriculture.
The following bills of the House were read the first time, and referred to the Committee on the Judiciary, towit:
A bill to repeal the first section of an act to vest the power of granting license to sell spirituous liquors within the town of Louisville, Jefferson county, in the commissioners of said town, or the Clerk of the Superior Court for said county; to allow said commissioners to impose a tax on shownmen, itinerant traders, pedlers, hawkers, etc.; to make it a misdemeanor to trespass on the town commons, or academy lots, etc.
A bill to repeal an act entitled an act to fix the place for. Sheriffs' sales in the county of Baldwin, approved February 13, 1874.
A bill to amend section 4109 of the Code of 1873, which relates to post mortem examinations, and to provide for the same in certain cases.
A bill to prohibit the sale of intoxicating spirits at the following named localities in this State, and within certain distances thereof, to-wit: within three miles, in every direction of the Bethlehem Baptist Church, in the 1074th District G. M., in the county of Polk, and within three miles, in every direction, from the Shiloh Baptist Church, in the 1074th District G. M., in the county of Polk.
A bill to provide for the payment of the debt of Clarke county, and to meet the annual current expenses of said county; and

AUGUST 2, I88I.

167

A bill to prevent the sale of intoxicating liquors within three miles of Pisgah and Mt. Pleasant Churches, in the 855th District G. M., of Floyd county. and to provide a penalty therefor.
The Senate, having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock A. :11., to-morrow.

SENATE CHAMBER, ATLANTA, GA., Tue:>day, August 2, 1881, 10 o'clock A. M.

The Senate met pursuant to adjournment, the President in the chair.
Prayer by the Rev. J. W. Heidt, D. D., Chaplain of the
Senate. 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, Gorman, Guerry,

Harris, Hawes, Hackett, Hicks, Jordan, Johnson, King, McDaniel, llattox, McWhorter, Meldrim, .Moseley,

Neal, Parks, Payne, Price, Reid, Smith of the 23d, Storey, Westbrook, Wilson, Wiun.
MR. PHESIDENT.

The Journal was read and approved. The following message was received from the House of Representatives} through Mr. Hardin, the Clerk thereof:

Mr. Presz"dmt:

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 Court in Montgomery county, in the Oconee circuit ; also,

Jl68

JouRNAL OF THE SEKATE,

A bill to amend an act to fix the amount of license for selling intoxicating liquors in the counties of Wayne, Liberty, Coffee and Appling, and for other purpose~; also,
A bill to prohibit any person or persons keeping a barmom or other place where spirituous liquors are sold, by retail, to be drank on the spot, from employing minors, and to prescribe a penalty therefor.
The House has also concurred in the Senate's amendment of a bill to be entitled an act to incorpcrate the Gainesville, Jefferson and Southern Railroad Company, and for other purposes therewith connected.
Mr. Guerry, chairman of the Finance Committee, made a report on certain bills, which was read.
Mr. McDaniel, chairman of the Committee on the Judiciary, made a report, which was read, on certain bills.
Mr. Bond, chairman of the Committee on the Asylum for the Deaf and Dumb, made a report on certain bills, which was read.
Mr. Harris offered a resolution inviting Hon. \V. H. Atwood, of Mcintosh county, to a seat in the Senate, which was agreed to.
Mr. Guerry offered the following resolution, which was, on motion, taken up, read and agreed to, to-wit:
Resolved, That hereafter a majority of .the members of each standing committee not having leave of absence, shall constitute a quorum of such committee.
The resolution relating to the repeal of the Government tax on small productions of tobacco, was read and agreed to.
The House joint resolution making an appropriation to pay the sergeant-at-arms of the Joint Special Committee on the lease of the Western and Atlantic Railroad, was read the second time and passed to its third reading.
The bill of the Senate to protect land owners against overflows from dams over water courses, etc., was withdrawn by the mover with consent of the Senate.

AuGusT- 2, 1881.

169

The following bills of the House were read the second time and passed to a third reading, to-wit:
A bill to amend an act, approved February 26, 1876, so as not to compel the Mayor and Council of Athens, to levy <me half of one per cent. tax to pay the principal and. interest on the bonds therein mentioned, but to only require the .Mayor and Council of Athen's to levy such amount of tax as will be necessary to pay the interest on said bonds, and provide for the principal.
A bill to allow certain pupils to attend the State _Insti tute for the Deaf and Dumb as day scholars, and for other purposes.
A bill to allow the Mayor and Council of Athens to use money formerly set aside for building cisterns, to pay ap propriations to Pioneer .Hook and Ladder Company, etc. ; and
A bill to appropriate twenty-five hundred dollars to the Deaf and Dumb Asylum to provide accommodations for deaf mutes, etc.
The bill of the Senate to alter and amend section 326 of the Code of 1873, was read the second time and passed to a third reading.
The House joint resolution to authorize the Governor to purchase for the State Library an analytical index of the Georgia Supreme Court Reports from volume 41 to 61 inclusive, was read the second time and passed to a third reading.
The Senate took up the report of the Judiciary Committee on the bill of the Senate to carry into effect paragraph 18, section 7 of article 3 of the Constitution of this State, in so far as the same relates to changing names, and to
provide that the name of the wife may ?e changed by the
final verdict, and by the decree rendered in divorce suits.
The said committee recommended its passage by sub stitute.
The substitute was adopted.

170

jOURNAL OF THE SENATE,

The report was agreed to.
The bill was read the third time and passed, as amended, by substitute, having received a constitutional majority of ayes, 28 ; nays, o.
The Senate took up the report of the Committee on Education on the bill of the House to amend the charter of the City of Griffin, so as to authorize the Mayor and Council to establish a system of public schools, and to provide revenue for the support of the same, and for other purposes.
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, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority, there being ayes, 27; nays, o.
The Senate took up the report of the Committee on Corporations on the bill of the House to amend an act to incorporate the Gainesville, Jefferson and Southern Railroad Company, and for other purposes therewith connected, approved August 23, 1872, so as to authorize said company to proceed at once to build a branch of their road, etc.
Satisfactory evidence was submitted to the Senate that due legal notice of intention to apply for the passage of this bill had been given.
The report, which was favorable, was agreed to.
The bill was read the third time and passed by a constitutional majority, there being ayes, 29; nays, o.
At the hour of 1 I o'clock A. M., the Senate took up the special order, viz ; the report of the Judiciary Committee on the bill to increase the salaries of the Chief Justice, the Justices of the Supreme Court, and Judges of the Superior Courts of this State.
The majority of said committee reported in favor of its

AuGUST 2, 1881.

171

passage, with certain amendments, while the minority reported against the passage thereof.

On the question of agreeing to the report of the majority, the ayes and nays were required to be recorded.
Those who voted in the affirmative are, to-wit-Messrs.

Butt, Byrd, Guerry, :McDaniel,

1\Iattox, :McWhorter, 1\Ieldrim, Price,

Reid, Westbrook,
1\IR, PRESIDENT.

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

Baggs, Baker, Barksdale, Brown, Bond, Carter, Curtis, Daniel,

Gorman, Hnrris, Hackett, Hicks, Jordan, Johnson, King,

1\IosPley, Parks, Payne, Smith of the 23d, Storey, Wilson, Winn,

Ayes, 1 I. Nays, 22.

So the majority report was not adopted.

Mr. Meldrim moved to amend the bill as follows, towit: "Strike out entirely the provision as to the Chief Justice and Associate Ju~tices, and strike out, also, the sum of $3,000 for the salary of the Judges of the Superior Court, and insert in lieu thereof the sum of $2, 500."

On the question of agreeing to this amendment, the ayes and nays were required to be recorded.

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

Butt, Guerry, McDaniel, Mattox,

:McWhorter, Meldrim, Parks, Price,

Heicl, Westbrook,
1\IR. PRESIDENT.

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

Baggs, Baker,
Bark~dale,
Brown, Bond, Byrd, Carter, Curtis,
Ayes, I 1.

Daniel, Gorman, Harris, Hackett, Hicks, .Jordan, Johnson, King,
Nays, 23.

Moseley, Neal, Payne, 8mith of the 23cl, Storey, Wilson, Wino,

So the amendment of Mr. Meldrim was not agreed to.

172

JOURNAL OF THE SENATE,

Mr. Guerry moved to amend as follows, to-wit: By striking from the original bill, all that portion of the same which refers to Justices of the Supreme Court and their salaries, and also the words, ''three thousand dollars" for Judges of the Superior Courts, inserting in lieu thereof, the words "two thousand, two hundred and fifty dollars."

Mr. Winn, required a division of the question, so as to first act upon that portion which relates to Justices of the Supreme Court.

On this branch of the question, the ayes and nays were demanded.

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

Bu1t, Guerry,
~IcDaniel,
Jlfattox,

1\lcWhorter, Meldrim, Price,

Reid, Westbrook,
:MR. PRESIDENT.

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

l3aggs, Baker,
Barksdale, Brown, Bond, Byrd, Carter, Curtis,

Daniel, Gorman, Harris, Hackett, Hicks, Jordan, Johnson, King,

Moseley, Parks, Payne, Smith of the 23d, :Storey,
Wilson, Winn,

Ayes, 10. Nays, 23.

So the motion to strike out so much of the bill as relates to the Justices of the Supreme Court, did not prevail.

The question recurring on the proposition of Mr. Guerry to strike out the words '' three thousand dollars " for Judges of the Supreme Courts, and insert in lieu thereof, the words, "two thousand, two hundred and fifty dollars," the ayes and nays thereon were required to be recorded.

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

Butt, Guerry, McDaniel, Mattox,

McWhorter, Meldrim, Parks, Prire,

Reid, Westbrook.
1\IR. PRESIDENT.

Tho~e who voted in the negative are, to-wit-Messrs.

At:Gusr 2, 188 r.

173-

Baggs, Balwr, Barksdale, Brown; Bond, Byrd, Carter, Curtis,
Ayes, 1 1.

Daniel, Gorman, Harris, Hackett, Hicks, Jordan, Jo!Jnson,
Nays, 22.

King, )[oseley,
Payne, l'\mith of the 23d, Storey, Wilson, Winn,

So this amendment was not agreed to.

The question then recurred upon the proposition to

adopt the minority report, which was adverse to the passage

of the bill.

On this Mr. \Vinn called for the previous question,

which was seconded, and the main question was put.

The ayes and nays were required to be recorded thereon.

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

Baggs, Baker,
Barksdale, Brown, Bond,
Byrd,
Carter, Curtis,

Daniel, Gorman,
Harris,
Hackett, Hicks,
.Jonlan, Johnson,
King,

l\loselcy,
Neal,
Parks, Payne, t:lmith of the 23d,
Storey, Wilson,
\Vinn,

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

Butt, Guerry, lllcDaniel, Mattox,
Ayes, 24.

)[c"rhorter, .Meldrim, Price,
Nays, ro.

Rdd, Westbrook,
MR. PRRSIDEST.

So the minority report was '!greed to, and the bill was

therefore lost.

Mr. McDaniel, chairman o'f the Committee on the Ju-

diciary, made a report on a bill to repeal section 659 ofthe

Revised Code of 1873, and to subject the persons therein named to road duties, which bill was, on his motion, taken

up and read a second time.

The following bills of the House were read the first time,

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

A bill to prohibit any person or persons keeping a bar-

room, or other places where spirituous liquors are sold by

IJ4

JouRNAL OF THE SEXATE,

retail, to be drank on the spot, from employing minor~ therein, and to provide a penalty therefor.

A bill to change the time of l.olding the Superior Courts of the county of Montgomery, in the second Judicial Circuit; and

A bill to amend an act to fix the amount of license for selling or vending spirituous, intoxicating or malt liquors in the counties of Wayne; Liberty, Coffee and Appling, in this State, and to prescibe a punishment for a violation of the provisions of this act, and for other purposes, by extending the provisions thereof for the county of Coffee, so as to include within the same any and all beers, ciders, bitters, or nostrums whether patented or not, and with or without a name, which, if taken in sufficient quantity, will will produce intoxication.
The Senate took up the report of the Committee on Banks, on the bill of the House to incorporate the Planters' Banking Warehouse and Commission Company, at Camilla, Mitchell county, Ga.
Said committee reported in favor of its passage, with certain amendments.

On motion of Mr. \Vinn, the report of the committee was amended by striking out section 10 of the bill, and inserting a new section in lieu thereof.

Mr. MeWhorter proposed further to amend said report by adding a section to the bill determining the liability of stockholders.

Pending the question of agreeing to the same, the bill and amendments were recommitted to the Committee on Banks.

The Senate having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock A. M., to-morrow.

AucusT 3, r88 r.

175

SENATE CHA~1BER, ATLANTA, GA., \Vednesday, August 3, r88r, 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, D. D., Chaplain of the Senate.
On the call of the roll, the following Senators answered to their n<Lmes, to-wit :

Bag!.'.s, Baker, Barksdale, Brown, Bond, Butt,
Byrd, Carter, Curtis, Daniel, Duggar, Gorman,
Guerry,

Harris, Hawes, Hackett, Hicks, Jordan, Johnson, King, :McDaniel, 1\lattox,
l\Ic Whorter, l\Ieldrim,
l\Ioseley,

Neal, Parks, Payne, Price, Rl'id, Smith of the 15th, Storey, Treadwell, west brook, Wilson, Winn,
i\IR. PRESIDEXT.

The Journal was read and approved.

On motion of Mr. Storey, leave of absence for this day was granted Mr. Smith of the Twenty-third District.
Mr. McDaniel, chairman of the Committee on the Judiciary, made a report on certain bills, which was read.
Mr. Baker offered a resolution, which was read and agreed to, inviting Hon. J. A. Hunt of Pike county, to a seat on the floor of the Senate.
Mr. Butt, chairman of the Committee on Internal Improvements and Railroads, made a report on a certain bill, which report was read.
Mr. Byrd, chairman of the Committee on Agriculture, made a report on a bill, which report was read.

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:

] OURNAL OF THE SENATE,
A bill to be entitled an act to create and organize a new judicial circuit of the Superior Courts of this State, and for other purposes.
The bill of the Senate to define the law of prescription in certain cases, was read the second time and passed to a third reading.
The following bills of the House were read the second time and passed to a third reading, to-wit:
A bill to repeal an act to consolidate the offices of the County Treasurer and Clerk of the Superior Court of the county of \Vebster, and to provide compensation for the same, and for other purpose~, approved February 19, 1876.
A bill to prohibit the buying, selling, delivering or receivitJg of any farm products therein specified, between sunset and sunrise, in the county of Bibb, and to prescribe the punishment therefor, and for other purposes.
A bill to prohibit the sale of spirituous, malt or intoxicating liquors, in any quantity, within two miles of the court house in the town of Cleveland, White county, except upon the written prescription of a tet;ularly licensed physician, and to provide a penalty therefor.
A bill to prohibit the sale or furnishing of spirituous, malt or other intoxicating Fquors or bitters, in any quantity, within 7 I 4th District G. M., of Carroll county, Ga., and to provide punishment for the same.
A bill to repeal an act to organize a County Court for Randolph county, etc., approved February 21, r876, and all acts amendatory thereof; to provide for proper disposition of the business, civil and criminal, pending therein, and to abolish said court, and for other purposes ; and
A bill to repeal the first section of an act to vest the granting of license to sell spirituous liquors in Louisville, Jefferson county, Ga., in the Commissioners of said town or the Clerk of the Superior Court, etc.
The bill of the House to protect the citizens of Dade against the injurious consequences of driving cattle through

AGGUST 3, 188 I.

177

said county, was taken up for a second reading under adverse report of the Judiciary Committee.
The report was agreed to, and the bill was therefore lost.
The bill of the Senate to incorporate Railroad Companies in this State, and to presc:-ibe the powers, rights, duties and liabilities of the san<e, wJs read the second time.
On motion of :\1r. Butt, this bill was recommitted to the Committee on Internal Improvements and Railroads, and one hundred copies thereof were ordered to be printed for the use of said Committee.
The Senate took up the report of the Committee on the Judiciary on the oil! of the Senate to repeal section 659 of the Redsed Code of 1873. and to subject the persons therein named to road duties.
The report of said committee, which was favorable to the passage of the bill, \\as amended, on motion of Mr. Parks, by substituting the word ''ordained" for the word '' licensed," where the same occurs.
The report, as amended, was agreed to.
The bill was read tl'le third time and passed as amended, by a constitutional majority, there being aye~, 29; nays, o.
The Senate took up the report of the Judiciary Committee on the bill of the House to amend section 326 of the Code of I 873, which pro\ides how matters, causes and proceedings pending in the Ordinary's Court are disposed of when the Ordinary is disqualified.
The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority, there being ayes, 29; nays, o. The Senate took up the report of the Committee on Finance on the bill of the House to allow the Mayor and Council of Athens to use the money set aside heretofore for the purpose of building pubic cisterns, to pay the appropriation made to the Pioneer Hook and Ladder Com-
12

178

JouR~AL OF THE SENATE,

pany, for the purpose of purchasing lot upon which to locate their hall, and for auy other purpose connected with the fire department.
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, which was favorable, 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 the report of the Finance Committee on the bill of the House to amend an act approved February 26, 1876, so as not to compel the Mayor and Council of Athens to levy one-half of one per cent. tax to pay the principal and interet on the bonds therein mentioned, but to only require the Mayor and Council of Athens to levy such amount of tax as will be necessary to pay the interest on said bonds and provide for the principal.
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, which was favorable, was agreed to.
The bill was read the third time and passed by a constitutional majority, there being ayes, 3 I ; nays, o.
The bill of the House to create and organize a new judicial circuit of the Superior Courts of this State, and for other purposes, was read the first time, and referred to the Committee on the Judiciary.
On motion of Mr. Hackett, the bill of the Senate 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, was taken from the table and recommitted to the Committee on Internal Improvements and Railroads.
The Senate took up the report of the Committee on the Deaf and Dumb Asylum on the bill of the House to allow

At:GUST 3. I88I.

179

certain pupils to attend the State Institute for the Deaf and Dumb as day scholars, and for other purposes.

The report, which was favorable, was agreed to.

The bill was read the third time and passed by a constitutional majority, there being ayes, 21 ; nays, o.

The Senate took up the report of the Committee on the

Deaf and Dumb Ayslum on the bill to appropriate the sum of two thousand five hundred dollars to the Trustees of the Deaf and Dumb Asylum, for the purpose of fitting up a number of rooms in the building for colored mutes at Cave Spring, and to make other improvements and repairs, as set forth in the official report of said trustees to the Governor for the year I88o, and also the additional sum of two thousand five hundred dollars per annum for
the support of said colored mutes.
The report, which was favorable, was agreed to.

The bill was read the third time, and on the question of its passage, the ayes and nays were ordered to be re-
~orded.

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

Baggs, Baker, Barksdale, Brown, Bond, Byrd, Carter, Curtis, Daniel, Duggar, Gorman, Guerry,

Harris, Harrell, Hawes, Hackett, Hicks, Jordan, Johnson, King, :McDaniel, McWhorter, l\Ioseley, Neal,

Parks, Payne, Price, Reid, Smith of the 5th, Smith of the 15th, Storey, Treadwell, Westbrook, Winn,
MR. PRESIDE::S:T.

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

Butt,

Mat to;{.

Ayes, 32. Nays, 2.

So the bill was passed by a constitutional majority.

The Senate took up the report of the Committee on Finance on a resolution of the House to appropriate a

sum of money to the sergeant-at-arms of the Special

r8o

JouRNAL OF THE SENATE,

Joint Committee on the lease of the Western and Atlantic Railroad.
The report, which was favorable, was agreed to. The resolution was read the third time, and on the question of concurring therein, the ayes and nays were ordered to be recorded.

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

Baggs, Baker, Barksdale, Brown, Bond, Butt, Byrd, Carter, Curtis, Daniel,
Duggar, Gorman,

Guerry, Harris,
Haw\.'~,
Hackett, Hicks, Jordan,
John~on,
Kin~,
;'\[eDaniel, )lattnx,
~IcWhorter,
)[ehlrim,

J\Ioseley, Neal, Parks, Payne,
Pri<'e Reid.' Smith of the 15th, Storey, Treadwell W<'stbrook, \Viun,
1\11!. PltESIDEXT.

Ayes, 36. Nays, Q.

So the resolution was concUlred in by a constitutional

majority.

The Senate took up the report of the Judiciary Com-

mittee on the resolution of the House to authorize the

Governor to purchase for the State Library an analytical

index of the Georgia Supreme Court Reports, from volume

4 I to 61 inclusive.

The report, which was favorable, was agreed to.

The resolution was read the third time, and on the question of its passage, the ayes and nays were required to be recorded.

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

Baggs,
Baker, Barksdale, Bond, Butt, Byrd, Ca1ter, Curtis, Daniel, Duggar, Gorman,

Guerry, Harris,
Hawes,
Hackett,
Hicks, Jordan,
Johnson, King,
McDaniel, Mattox, 1\lc Whorter,

Meldrim, .l\Ioseley, NPaeya~l e, Price, Rmith of the 15th, TSrteoarde,y~ell, \Vest brook, Winn,
1\'lR. PRESIDENT.

Ayes, 33 Nays, o.

AuGUST 3, 1881.

181

So the resolution was concurred in by a constitutional majority.
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. NealA bill to carry more fully into effect paragraph r, section 2, article 7 of the Constitution of 1877, in reference to -creating bonded debts of counties and municipal corporations, etc.; and By Mr. WilsonA bill to provide for the trial of causes in Justice Courts where the Justice of the Peace or Notary Public who is exofficio a Trial Justice shall be disqualified by sickness, or for other cause absent from the court. Mr. Price, chairman of the Committee on Education, made a report on a certain bill, which was read.
On motion of Mr. Guerry, the Senate took up the report of the Committee on the Judiciary on the bill of the House to amend section 205 of the Code of 1873, in relation to the disqualification of Judges or Justices of any Court, Ordinaries, Justices of the Peace, and presiding offi-cers of inferior judicatures, by inserting after the word -counsel, in the sixth line of said section, the following words, to-wit. ''Nor in which he has presided in any inferior judicature."
The same was a reconsidered bill. The majority of the -committee reported in favor of its passage, and the minority reported adversely.
The report of the majority was amended, on motion of Mr. Boynton, by inserting after the words, ''nor in which he has presided in any inferior judicature," wherever they occur, the following words, to-wit: "When his ruling or .decision is the subject of review."
The report, as amended, was agreed to. The bill was read the third time, and on the question of

182

}OURXAL OF THE SENATE,

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

to be recorded.

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

Baggs, Baker, Brown,
Bond,
Butt, Curtis,
Daniel,
Dugg&.r, Gorman,

Guerry, Hicks, J.ordon,
Johnson, King,
i\Iattox, J\Ic Whorter,
i\leldriru, :i\loseley,

Neal,
Parks, Smich of the 15th,
Storey, Treadwell.
West brook, Wilson,
Winn, MR. PREBIDEXT.

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

Barksdale, Byrd, Carter,
Harris,

Hawes, Hackett, :\IcDaniel.

Payne,
Price, Reid.

Ayes, 27. Nays, 10.
So the bill, as amended, was passed by a constitutional majority.
Mr. McWhorter, chairman of the Committee on E'lrollment, 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 Senatet the following acts, to-wit:
An act to amend an act entitled an act to provide for the creation of Boards of Commissioners of Roads and Revenues in the counties of Cobb, Dooly, Henry and Telfair, etc.; also,
An act to autho.1ize the Commissioners of Roads and Revenues of Baker county to provide for paying off the outstanding debt of the county, etc. ; also,
An act to exempt from jury duty all practising dentists in this State ; also,
An act to provide compensation for the Solicitor-General of the Western Circuit for services in criminal cases in the county of Clarke ; also,

A UGIJST 4, I 88 I.

An act to amend an act entitled an act to incorporate the Gainesville, Jeffersonville and Southern Railroad, etc.; also,

An act to fix the compensation of the Solicitor of the County Court of Richmond county; also,

An act to amend, extend and enlarge the provisions of an act to enable the purchasers of Railroads to form corporations, etc. ; also,

To amend an act entitled an act to enable the purcha-

sers of railroads to form corporations and to exercise

corporate powers, and to define their rights, powers and

privileges, etc.

R. L. Me\V HORTER, ChairmaJZ.

The Senate having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock A. :11., to-morrow.

SEN ATE CHAMBER, ATLANTA, GA., Thursday, August 4, 10 o'clock A. M.

The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Rev. J. \V. Heidt, D. D., Chaplain of the Senate.
On the call of the roll, the following Senators answered to their names, to-wit.

Baggs, Biker, Barksdale, Brown, Bond, Butt, Byrd, Carter, Curtis, Daniel, Denmark, Duggar, Gorman,

Guerry, Harris, Hawes, Hackett, Hicks, Jordan, Johns)n, King, McDaniel, Mattox, Me Whorter, l\leldrim, Moseley,

Neal, Parks, Payne, Price, Reid, Smith of the 15th, Smith of the 23d, Storey, Treadwell, Westbrook Wilson, Winn,
l\1R. PRESIDENT.

The Journal was read and approved.

Messrs. Denmark, and Smith of the Twenty-third District,

JouRNAL OF THE SENATE,
who were absent by leave, when the final vote was taken yesterday, on the bill of the House to amend section 205 -of the Code of 1873, asked that their votes be recorded in favor of the passage of said bill. Their request was unanimously granted by the Senate, and their votes were recorded in accordance with their wishes.
Mr. Byrd offered a privileged resolution, which was read :and agreed to, inviting Hon. B. F. Crayton, State Senator, and President of the Agricultural Society of South Carolina, to a seat on the floor of the Senate.
Mr. Butt, chairman of the Committee on Internal lm provements and Railroads, reported back to the Senate the memorial of E. T. Paine in- relation to the sale of the Macon and Brunswick Railroad, without recommendation, and asked that the committee be discharged from further consideration of said memorial. This request was granted by the Senate.
Mr. Payne presented a memorial of the Rome District Conference, on the subj!!ct of temperance, which, without being read, was referred to the Special Committee on Temperance.
On the call of the roll for the introduction of new matter, the following bills were introduced, read the first time and :referred, as respectively indicated, towit:
By Mr. MeWhorterA bill to prohibit the manufacture, sale or importation .into this State of any chemical fertilizers, and to provide a penalty for the same, and for other purposes. Referred to the Committee on the Judiciary.
13y Mr. WilsonA bill to abolish the Agricultural Bureau of Georgia. .Referred to the Committee on Agriculture.
Mr. McDaniel, chairman of the Committee on the Judiciary made a report on certain bills, which was read.
The Senate took up the report of the Committee on the

AuGusT 4, r88 r.

185

Judiciary on the bill of the Senate to define the law of prescription in certain cases.
Said committee reported in favor of its passage by a substitute.
The substitute was adopted. The report was agreed to. The bill was read the third time and passed, as amended, by substitute, having received a constitutonal majority of ayes, 28; nays, o.
The Semite took up the report of the Judiciary Committee on the bill of the House to repeal the first section of an act entitled an act to vest the granting of license to sell spirituous liquors in the town of Louisville, Jefferson county, in the Commissioners of said town, or the Clerk of the Superior Court of said county, the charges, etc., for the same ; to allow Commissioners to tax all showmen, itinerant traders, peddlers, hawkers, etc., and to prohibit the sale of spirituous, malt or intoxicating liquors within the town of Louisville; to prescribe a penalty for the violation of the provisions of this act, and for other purposes.
Satisfactory evidence was presented to the Senate that due legal notice had been given of intention to apply for the passage of this bill.
The report, which was favorable, was agreed to. The bill was read the third timt: and passed by a constitutional majority, there being ayes, 3 I; nays, o.
The Senate took up the report of the Committee on Agriculture on the bill of the House to prohibit the buy ing, selling, delivering or receiving of any farm products therein specified between sunset and sunrise in the county of Bibb, and to prescribe the punishment therefor, and for other purposes.
Satisfactory evidence that due legal notice was given of intention "to apply for the passage o.f the same was submitted to the Senate.

186

] OURNAL OF THE SENATE,

The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority, there being ayes, 29; nays, o. The Senate took up the report of the Judiciary Committee on the bill of the House to prohibit the sale of spirituous, malt or intoxicating liquors in any quantity whatever, within two miles of the court house in the town of Cleveland, in the county of White, except upon the written prescription of a regular licensed physician, and to provide a penalty therefor.
Satisfactory evidence that due legal notice of intention to apply for the passage of this bill had been given was submitted to the Senate.
The report, which was favorable, 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 the report of the Judiciary Committee on the bill of the House to prohibit the sale or furnishing of spirituous, malt or other intoxicating liquors or bitters, in any quantity, either by wholesale or retail, within the limits of the 714th District G. M., Carroll county, Ga., and to provide for the punishment of the same.
Satisfactory evidence was submitted to the Senate that due legal notice of intention to apply for the passage of this bill had been given.
The report, which was favorable, was agreed to.
The bill was read the third time and passed by a constitutional majority, there being ayes, 32; nays, o.
Mr. \Vinn, chairman of the Committee on Corporations, made a report on certain bills, which was read.
Under a suspension of the rules, Mr. Gorman introduced a bill to make it a felony for any person, by persuasion or otherwise, to attempt to mislead or influence others into the commission of the crime of polygamy or bigamy, which

AUGUST 4. I88I.
was read the first time, and referred to the Committee on the Judiciary.
Mr. Me \Vhorter, chairman of the Committee on Enrollment, submitted the following report:
Mt. President:
The Committee on Enrollment report as duly enrolledt signed by the Speaker of the House of Representatives, and ready for the signature of the President of the Senate, the following acts, to-wit:
An act to amend an act entitled an act to incorporate the Gainesville, Jefferson and Southern Railroad Company, and for other purposes.
An act to amend the charter of the City of Griffin, so as to authorize the Mayor and Council to establish a system of Public Schools.
An act to authorize the corporation of the City of Sandersville to levy a tax for the purpose of establishing and maintaining Public Schools in said city.
An act to change the time of holdin-g the Superior Courts in the counties of Lumpkin and Dawson, so as to allow the county of Lumpkin two weeks at each the Spring and Fall terms of said court.
An act to regulate the manner of letting out contracts to build or repair public bridges over water courses which divide one or more counties from each other, and to provide for payment of the same when completed.
R. L. McWHORTER, Chairman.
Under a suspension of the rules, Mr. Johnson introduced a bill to declare county officers ineligible to hold the office of County School Commissioner, which was read the first time, and referred to the Committee 011 Education.
The Senate took up the report of the Judiciary Committee on the bill of the House to repeal an act to consolidate the offices of County Treasurer and Clerk of the Su-

188

JOURNAL OF "THE SENATE,

perior Court of the county of Webster, and to provide for the compensation C\f the same, and for other purposes, ap proved February 19, 1876.
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, which was favorable, was agreed to. The bill was read the third time and passed by a con stitutional majority, there being ayes, 29; nays, o. The Senate took up the report of the Judiciary Com mittee on the bill of the House to repeal an act entitled an act to organize a County Court for the county of Randolph; to define its jurisdiction, and to make applicable to the same certain provisions of the Code of 1873, and for other purposes, approved February 21, 1876, and all acts amendatory thereof; to provide for the proper disposition of the business, civil and criminal, now pending be fore said court, to abolish said court, and for other pur poses.
Satisfactory evidence that notice had been legally given of intention to apply for the pa~sage of this bill was submitted to the Senate.
The report being favorable to the passage of the bill, was agreed to.
The bill was read the third time and passed by a con stitutional majority, there being ayes, 30; nays, o.
On motion of Mr. Winn, the bill of the Senate to prohibit the sale ,of intoxicating liquors within one mile of a chartered college or institution of learning, was taken from
the table, and recommitted to the Committee on the JU
diciary. The bill of the Senate to amend an act entitled an act to
establish the County Courts of this State, so as to allow the Judges of said courts to receive no cost in said courts, and to provide compensation for the jurors in said courts, and for the striking of the same, and to compensate the

AuGUST 4, 1881.
officer for summoning the jury, was read the second time and passed to a third reading.
By consent of the Senate, the bill to incorporate the Albany, Atlantic <tnd Gulf Transportation Company was withdrawn by the mover, Mr. Westbrook.
The following bills of the House were read the second time and passed to a third reading, to-wit:
A bill to prescribe the method of granting license to sell spirituous liquors in the county of Effingham, and to increase the fee for the same to five thousand dollars.
A bill to establish a system of Public Schools for the City of Rome, and to provide for the support and main tenance thereof, and for other purposes.
A bill to prescribe the method of granting license to sell spirituous or intoxicating liquors in the county of Scriven, and to increase the fee for said license to ten thousand dollars, and for other purposes.
A bill to reduce the official bond of the Sheriff of the county of Early, from the amount now fixed by law, to the sum of five thousand dollars.
A bill to provide for the payment of the debt of Clarke county, and to meet the annual current expenses of said county.
A bill to amend an act to create a Board of Commis sioners of Hoads and Revenues for the county of Webster, define their powers and duties, and for other purposes, approved August 23, 1872, and an act amendatory thereof, approved February 14, 1873.
A bill to create and organize a new judicial circuit of the Superior Courts of this State, and for other purposes.
A bill to amend an act to incorporate the Stone Mountain Granite and Railway Company, and for other purposes, approved October 26, 1870; and
A bill to create a Board of County Commissioners for Brooks county, to prescribe t~1e manner of the appoint-

JouRNAL OF THE SENATE,
ment of the members of such board, and for other purpose& therein mentioned.
The Senate having disposed of all the business on the desk of the Secretary, adjourned, on motion, until 10 o'clock A. M., to-morrow.

SENATE CHAMBER, ATLANTA, GA.,

Friday, August 5, 1881, 10 o'clock A. M.

The Senate met, pursuant to adjournment, the Presi-
dent in the chair.
Prayer was offered by the Rev. J. W. Heidt, D. D.,
Chaplain of the Senate.

On the call of the roll, the following Senators answered

to their names, to-wit :

Baggs, Baker, Barksdale, Brown, B11nd,
Butt, Byrd,
Carter,
Curtis, Daniel,
Denmark,
Duggar, Gorman,

Guerry, Harris, Harrell,
Hawes. Hackett, Hicks,
Jordan,
Johnson, King,
l\lcDaniel,
Mattox, l\Ieldrim,

Moseley, Neal,
Parks, Payne,
Price, Reid, Smith of the 15th, t3ruith of the 23d,
Treadwell, Westbrook,
Winn,
l!R. PRESIDENT.

The Journal was read and approved.

Mr. Payne submitted a memorial of the people of

Cherokee county, embracing an invitation to the Committee on the Lunatic Asylum to visit said county, etc.

The same was referred to the Committee on the Lunatic Asylum.

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

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

On motion of Mr. Smith of the Twenty-third District, leave of absence was granted Mr. Storey, on account of sickness.

AuGt:ST 5, 1881.
On motion of Mr. Price, further leave of absence was granted Mr. Suddath, on account of sickness in his family.
On motion of Mr. \Vinn, leave of absence for to-day was granted Mr. Wilson, he being in attendance on court under subpcena.
On motion of ~fr. Harrell, the Senate extended the leave of absence of Mr Smith of the Fifth District, on account of sickness in his family.
On motion of Mr. Guerry, it was ordered that one hundred copies of a bill to provide for correct assessment of property in this State for the purpose of taxation be printed, and that the bill be recommitted to the Committee on Finance.
The bill of the Senate to amend section 2525 of the Code of 1873, etc., was withdrawn by Mr. Jordan, the mover, with consent of the Senate.
The bill of the Senate to provid'! for the trial of causes in Justices' Courts where the Justice of the Peace or Notary Public who is ex-officio a Trial Justice, shall be disqualified, sick or absent from the Court, was read the second time and passed to a third reading.
The following bills of the House were read the second time and passed to a third reading, to-wit:
A bill to revise the Superior Court Calendar for all the <:ounties composing the Brunswick Judicial Circuit, and for other purposes.
A bill to exempt from jury duty all regularly licensed pilots and their boat keepers actually engaged on the pilot boats in the ports of this State ; and
A bill to appropriate the sum of sixty dollars to pay I. Y. Sawtell, due him as witness fees for twenty-five days attendance under subpcena as a witness before the Joint Wild Land Committee at the last session of the General Assembly.
The Senate took up the report of the Committee on Corporations on the bill of the House to create a Board of

192

joURNAL OF THE SENATE,

County Commissioners for Brooks counry ; to prescribe the manner of the appointment of the members of such Board, and for other purposes.
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, which was favorable, wa.; agreed to. The bill was read the third time and passed by a constitutional majority of ayes, 31 ; nays, o. The Senate took up the report of the Committee on the Judiciary on a bill of the House to create and organize a new Judicial Circuit of the Superior Courts of this State, and for other purposes. The report, which was favorable, was agreed to. The bill was read the third time and pa~sed by a con stitutional majority, there being ayes, 26; nays, r. The same was ordered to be transmitted to the House at once. The Se1~ate took up the report of the Committee on Corporations on the bill of the House to amend an act to incorporate the Stone Mountain Granite and Railway Company, and for other purposes, approved October 26,
18]0.
Satisfactory evidence was submitted to the Senate that due legal notice of intention to apply for the passage of this bill had been given.
The report, which was favorable, was agreed to.
The bill was read the third time and passed by a constitutional majority, there being ayes, 3I ; nays, o.
The Senate took up the report of the Judiciary Commi':tee on the bill of the House to prescribe the method of granting license to sell spirituous or intoxicating liquors in the county of Screven, and increase the fee for said license to ten thousand dollars, and for other purposes.
The evidence of due legal notice. of intention to apply for the passage of this bill was submitted to the Senate.

s, AUGUST 1881.

The report, which was favorable, was agreed to.

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

stitutional majority, there being ayes, 27 ; nays, o.

The Senate took up the report of the Judiciary Com-

mittee on the bill of the House to amend an act to create

a Board of Commissioners of Roads and Revenue for the

county of Webster, ddine their powers and duties, and for

other purposes, approved August 23, 1872, and an act

amendatory thereat, approved February 14, 1873.

Satisfactory evidence was submitted to the St:nate that

due legal notice had been given of intention to apply for

the passage of this bill.



The committee recommended its passage, with certain

amendments.

The report was agreed to.

The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 34; nays, o.

Mr. Parks submitted to the Senate a memorial of the Americus District Conference on the subject of temperance, which was read and referred to the Special Committee on Temperance.

The Senate took up the report of the Judiciary Committee on the bill of the House to reduce the bond of the Sheriff of the county of Early from the amount now fixed by law to the sum of five thousand dollars.

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, which was favorable, was agreed to.

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

The Senate took up the report of the Committee on Education on the bill of the House to establish a system of Public Schools for the City of Rome, and to provide
13

194

JouRNAL oF THE SENATE,

for the support and maintenance thereof, and for other purposes.
Satisfactory evidence was submitted to the Senate that. due legal notice of intention to apply for the passage of bill had been given.
The report, which was favorab~e, was agreed to.
The bill was read the third time and passed by a constitutional majority, there being ayes, 26; nays, o.
The Senate took up the report of the Judiciary Committee on the bill of the House to prescribe the method of granting license to sell spirituous liquors in the county of Effingham, and to increase the fee for the same to five thousand dollars.
Satisfactory evidence was submitted to the Senate that due legal notice of intention to apply for the passage of this bill had been given.
The Judiciary Committee, recommended its passage, with amendments.
The report was agreed to.
The bill was read the third time, and passed by a constitutional majority, there being ayes, 34; nays, o.

The Senate took up the report of the Judiciary Committee on the bill of the House to provide for the payment of the debt of Clarke county, and to meet the annual current expenses of said county.
Satisfactory evidence was submitted to the Senate that due legal notice of intention to apply for the passage of this bill had been given.
The report, which was favorable, was agreed to. ,
The bill was read the third time and passed by a con-
stifutional majority, there being ayes, 27 ; nays, o.
The following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof:

AuGUST 5, 1881.
Mr. Presz'dent :
The House of Representatives has passed the following bills, to-wit:
A bill to be entitled an act to provide for a uniform assessment of Railroad property in this State, and for the collection and return of taxes thereon ; also,
A bill to be entitled a11 act to repeal the second section of an act to repeal an act, approved February 27, 1877, entitled an act to repeal an act entitled an act to create a County Court in each county in this State, except certain counties therein named, approved Jantlary 19, 1872, so far as the same applies to the county of Dodge; also,
A bill to be entitled an act to amend an act entitled an act to incorporate the Augusta Savings Institution.
The House of Representatives has also concurred in the Senate's amendment to the following House bill, to-wit:
A bill to be entitled an act to amend section 205 of the Code of 1873.
The House of Representatives has also passed the following bill, to-wit:
A bill to be entitled an act to amend section 1455 of the Code of 1873.
The Senate took up the report of the Judiciary Committee on the bill of the Senate to amend an act entitled an act to establish the County Courts of this State, so as to allow the Judges of said courts to receive no cost in said courts, and to provide compensation for the jurors in said courts, and for the striking of the same, and to compensate the officer for summoning the jury.
The Judiciary Committee reported i'1favor of its passage by substitute.
The substitute was adopted. The report was agreed to. The bill was read the third time and passed, as amended,

JouRNAL OF THE SENATE,

by substitute, it having received a constitutional majority of ayes, 35 ; nays, o.
Mr. Butt offered a privileged resolution, which was read and agreed to, inviting the Hon. John A. Cobb of Americus, to a seat on the floor of the Senate.

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 respectively indicated, to-wit:

By Mr. ByrdA bill to prohibit the buying and selling, delivering and receiving of any farm products therein specified, between the hours of sunset and sunrise, in the State of Georgia, and provide punishment for the violation of this act, and for other purposes.

Referred to the Judiciary Committee.

By Mr. Guerry-

A bill to amend an act to provide for the regulation of freight and passenger tariffs of the railroads of this State, etc.
Referred to the Committee on Internal Improvements and Railroads.
Mr. Meldrim moved that the Senate adjourn until IO o'clock A. ::If., 1\Ionday.
On this motion, Mr. McDaniel required the ayes and nays to be recorded.

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

Brown, Bond, Butt, Daniel, Denmark, Duggar,

Gorman, Harris,
Hawes,
Meldrim, Neal,

Payne, Heid,
Smith of the 23d, Tread well,
Westbrook.

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

Baggs, Baker,
Barksda~e,
Byrd, Carter, Curtis, Guerry,

Harrell, Hackett, Hicks, Jordan, Johnson, King, McDaniel,

l\Iattox, Moseley, Parks, Price, Smith of the 15thr Winn, }lR. PRESIDENT.

AUGUST 5, I88l.
Ayes, 16. Nays, 21. So the motion to adjourn did not prevail. Leave of absence was granted Messrs. Hackett and Payne during the next week, to enable them to attend SupPrior Court in their circuits. Leave of absence was granted Mr. Barksdale until Tues-day next, on important business; to Mr. Parks for Monday next. Leave of absence was granted the members of the Committee on the Lunatic Asylum and the Special Committee on the Lunatic Asylum until Monday next.
On motion of Mr. Byrd, the use of the Senate Chamber for to-night was unanimously tendered the Horticultural Society for the purpose of the delivery of an address by a member of that society.
On motion of Mr. Meldrim, the following bills of the House were referred as respectively indicated, to-wit:
A bill to amend section 14 55 of the Code of Geor~ia of 1873, relating to the mode of settling by vote the question of " fence" or " n? fence," etc.
Referred to the Committee on Agriculture.
A bill to require railroad companies of this State to return their property for taxation by the counties of this .State ; to prescribe the mode of making such returns, and for other purposes connected therewith.
Referred to the Committee on Finance.
A bill to amend an act to incorporate the Augusta Savings Institution.
Referred to the Committee on Banks.
A bill to repeal the second section of an act to repeal an act approved February 27, 1877, entitled an act to repeal an act entitled an act to create a County Court in .each county of this State, except certain counties therein .named, approved January 19, 1872, so far as the same ap-

198

jOURNAL OF THE SENATE,

plies to the county of Dodge, and to abolish the County Court of Dodge county.
Referred to the Committee on the Judiciary. The Senate having disposed of all the business on the desk of the Secretary, adjourned, on motion of Mr. Hawes, until 10 o'clock A. M., Monday.

SENATE CHAMBER, ATLANTA, GA., Monday, August 8, x88I, 10 o'clock A. M.

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

Prayer by the Chaplain, Rev. John W. Heidt, D. D.,

Chaplain of the Senate.

On the call of !:he roll, the following Senators answered

to their names, to-wit:

Baugs, Baker, Brown, Bond,
Butt, Byrd, Carter,
Curti~,
Daniel.
Denmark, Duggar,

Guerry,
Harrell, Hawes, Hicks,
Jordan,
Johnson, King, .McDaniel,
.l\lattox,
McWhorter, .Meldrim,

Moseley, Neal, Price, Smith of the 15th, Smith of the 23d, Treadwell, Westbrook. Wilson, Winn,
MR. PRESIDENT.

The ]ournal was read and approved. Mr. McDaniel, chairman of the Judiciary Committee. made a report on certain bills, \vhich was read. Leave of absence for to-day was granted Messrs, Gorman, Winn and Reid, and to Mr. Harris, for a few days, on important business. Mr. Carter offered a privileged resolution, which was. read and agreed to, inviting Hon. B. Harrell' of the county of Webster, to a seat on the floor of the Senate.

Mr. Mattox introduced a bill to provide a punishment for stealing a bale or more of cotton, which was read the first time, and referred to the Committee on the Judiciary.

AUGUST 8, 1881.
Mr. Smith of the Fifteenth District, introduced a bill to require agents of nurseries located outside of this State, to pay license in each county where they offer for sale the products of said nurseries, and for other purposes.
The same was read the first time, and referred to the Committee on Agriculture.
The following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof:
Mr. Prest"dent :
The House of Representatives has passed the following bills, to-wit:
A bill to be entitled an act to provide for the compensation of certain Tax Collectors and Receivers of Tax Returns for services performed in 1880; also,
A bill to be entitled an act to change the several acts incorporating the town of Conyers to that of a city corporation, and for other purposes ; also,
A bill to be entitled an act to incorporate the Cleveland and Lula Railroad Company, and for other purposes.
Mr. Brown offered the following privileged resolution, which was read and unanimously agreed to, to wit:
Resolved, That the thanks of the Committee on the Lunatic Asylum of the Georgia General Assembly, are hereby tendered to Senator B. F. Payne, and the citizens of
Canton, Cherokee county, and to Senator W. J. Winn,
and the citizens {)f Marietta, Cobb county, for courtesies extended to the members of the committee during an official visit to those places. The hospitality was of the oldfashioned character, and testified most eloquently to the genial, generous f.md cultured citizenship of Cherokee and Cobb counties.
Mr. Byrd, chairman protem. of the Special Committee on Temperance made a report on certain memorials and bills referred to said committee, which report included a bill prepared by said committee, which is a bill to regulate

200

JOURNAL OF THE SENATE,

the sale of spirituous intoxicating liquors in the State outside of incorporated towns, cities and villages; to determine by election the granting of license to sell such liquors within the limits of incorp.orated towns, cities and villages; to prescribe a penalty for the violation of the provisions of this act, and for other purposes.
The same was read the first time and recommitted to the Special Committee on Temperance, and one hundred copies thereof were ordered to be printed for the use of the Senate.
Leave of absence was extended for Mr. Parks until to-morrow morning, he having been detained providentially.
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 signatures of the President and Secretary of the Senate, the following acts, to-wit :
An act to repeal an act entitled an act to organize a County Court for the county of Randolph, and for other purposes; also,
An act to allow certain pupils to attend the State Institute for the Deaf and Dumb as day scholars, and for other purposes ; also,
An act to create and organize a new judicial circuit of the Superior Courts of this State; also,
An act to consolidate the offices of County Treasurer and Clerk of the Superior Court of the county of Webster; also,
An act to amend section 205 of the Code"of 1873; also,
An act to prohibit the sale of spirituous liquors within two miles of the court house in the town of Cleveland, in the county of White ; also,
An act to amend an act approved February 26, 1876, in regard to the Mayor and Council of Athens; also,

AUGUST 8, 1881.

201

An act to prohibit the sale of spirituous liquors within the limits of the 714th District, G. M., of the county of Carroll ; also,
An act to repeal the first section of an act vesting the granting of license to sell spirituous liquors in Louisville, Jefferson county, in the Commissioners of said town, or the Clerk of the Superior Court of said county, and for other purposes ; also,
An act to appropriate the sum of five thousand dollars for the improvement of the Deaf and Dumb Ayslum at Cave Spring ; also,
An act to allow the Mayor and Council of Athens to use the money set aside, heretofore, for the purpose of building public cisterns, to pay the appropriation made to the Pioneer Hook and Ladder Company, and for other purposes; also, the following resolutions:
A resolution to appropriate money to the Special Joint Committee to investigate the lease of the Western and Atlantic Railroad ; also,
A resolution to authorize the Governor to purchase for the State Librarian an analytical index of the Georgia Supreme Court Reports from volume 41 to 61 inclusive.
R. L. McWHORTER, Chaz'rman.
Mr. Guerry introduced a bill to repeal an act establishing State Depositories in certain cities therein mentioned, approved October 16, 1879, and repeal all of clauses four and ten of section 12 of an act to amend the laws of this State, for the protection of the State Treasury ; to define the obligations pertaining to the office of Treasurer, and to prescribe his duties, and for other purposes, approved February 25, 1876; as well as all other laws and parts of laws allowing or providing for the deposit or keeping of any funds of this State in any banks or depositories, or ()therwise, and to provide for the better management and safer keeping of the funds of this State.

202

JouRNAL oF THE SENATE,

The same was read the first time, and referred to the Committee on Finance,
Mr. McWhorter offered the following resolution, which was read and agreed to, to-wit :

Resolved, That the Secretary now proceed to elect a Secretary pro tem.
Under the provisions of the foregoing resolution, the Senate proceeded with said election, the Hon. H. H.
. Cabaniss being placed in nomination. The following is the vote as cast in said election, to-wit: FoR MR. CABANiss-Messrs. Baggs, Baker, Brown, Bond, Butt, Byrd, Carter, Curtis, Daniel, Denmark, Duggar, Guerry, Harrell, Hawes, Hicks, Jordan, Johnson, King, McDaniel, Mattox, McWhorter, Meldrim, Moseley, Neal, Price, Smith of the Fifteenth District, Smith of the Twer.ty-third District, Storey, Suddath, Treadwell, Westbrook, Wilson, and MR. PRf,.SJDENT.
On counting up the vote, it appeared that Mr. H. H. Cabiness had received the entire number cast, the same being 33
The President thereupon declared Mr. H. H. Cabaniss duly elected Secretary pro tem. of the Senate.
Leave of absence was granted Hon. Wm. A. Harris, Secretary of the Senate, for one week, on account of sickness in his family.
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 a joint resolution, appointing a committee to investigate the sale of the Macon and Brunswick Railroad, and I am instructed to transmit the same itpmediately to this branch of the General Assembly.
The bill of the Senate to provide for trials in Justices' Courts, where the Justice or Notary Public is disqualified

At:GUST 8, I88I.

203

or absent, was taken up for a third reading, and without being read, was laid on the table for the present.
Hon. E. M. Rucker of South Carolina, Hon. Wm. B. Guerry of Americus, and Captain Benjamin Wilkin were invited to seats on the floor of the SenatE' during their stay in the city.
The following bills of the House were read the second time, and passed to a third reading, to-wit :
A bill to authorize the Commissioners of Roads and Revenues of Glynn county to issue bonds, not to exceed the sum of $40,000, for the purpose of refunding the present bonded debt, and funding the other debts of said county, etc.
A bill to provide compensation for jurors in the County Courts of the State of Georgia.
A bill to change the time of holding the Superior Courts of the County of .Montgomery, in the Oconee Judicial Circuit.
A bill to amend an act to fix the amount of license for selling or vending spirituous, intoxicating, or malt liquors in the counties of Wayne, Liberty, Coffee and Appling, in this State, and to presc.ribe a punishment for a violation of the provisions of this act, and for other purposes by extending the same so as to include in the county of Coffee alt beers, ciders, bitters or nostrums, whether patented or not, and with or without a name, which will produce intoxication.
A bill to amend section 4109 of the Code of 1873, which relates to post mortem examinations, ana to provide for the same in certain cases.
A bi!l to repeal an act to fix the place for Sheriff's sales in the county of Baldwin, approved February 13, 1874.
A bill to prevent the sale of intoxicating liquors within three miles of Pisgah and Mount Pleasant Churches in the 855th District G. M., of Floyd county, and to provide a penalty therefor.

JouRNAL OF THE SENATE,

A bill to prohibit the sale of intoxicating spirits within three miles of Bethlehem Baptist Church, in the 1074th District G. M., and Shiloh Baptist Church, in the 1079th District G. M., of Polk county; and
A bill to prohibit the sale or furnishing of spirituous liquors in Lowndes county, and provide a penalty for the violation of the same.
The bill of the House to regulate the payment of per diem and mileage in cases of contestants and contestees for seats in the General Assembly, was taken up for a -second reading, under adverse report of the Committee on the Judiciary.

The report was agreed to, and the bill lost.

The Senate took up the report of the Finance Committe on the bill of the House to appropriate the sum of fifty dollars to pay I. Y. Sawtell, due him as witness fees for twenty-five days' attendance under subpcena as a witness before the Joint Wild Land Committee at the last ;Session of the General Assembly.

The report, which was favorable, was agreed to.

The bill was read the third time, and on the question -of its passage, the ayes and nays were recorded.

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

Baggs, BnKer, Brown, Bond, Butt, Carter -curtis: D.miel,
Duggar, -Guerry,

Harrell, Hawes, Hicks, Jordan, Johnson, King, McDaniel, McWbnrter,
Meldrim. Moseley,

Neal, Price, Smith of the 15th, Smith of the 23d, Storey, Suddath, Westbrook, Wilson,
MR PRESIDEliT.

Ayes 29. Nays o. So the bill was passed by a constitutional majority.

The Senate took up the report of the Judiciary Committee on the bill of the House to revise the Superior Court Calendar for all the counties composing the Bruns-wick Judicial Circuit, and for other purposes.

AucusT 8, 1881.

205

The report, which was favorable, was agreed to. The bill was read the third time and passed by a consti-
tutional majority, there being ayes, 25 ; nays, o.
The Senate took up the report of the Committee on the Judiciary on a bill of the House to exempt from jury duty all regularly licensed pilots, together with their boatkeepers, actually engaged on the pilot boats in the various ports in this State.
Said committee reported in favor of its passge with the following amendment, to-wit :
Amend section 1 by striking out the words in the fifth line, "their boat-keepers," and inserting in lieu thereof the words, ''one boat keeper for each pilot."
The amendment was adopted. The report was agreed to. The bill was read the third time and passed, as amended,
by a constitutional majority, there being ayes, 26; nays, o.
The following bills of the House were read the first time, and referred to the Committee on Corporations, towit:
A bill to change the several acts incorporating the town of Conyers, Ga., to that of a city corporation, etc. ; and
A bill to incorporate the Cleveland and Lula Railroad Company, etc.
The bill of the House to provide for the compensation for certain Tax Collectors and Receivers of Tax Returns for services prformed during the year, 1880, was read the first time, and referred to the Committee on Finance.
The resolution from the House to appoint a joint committee to investigate the sale of the Macon and Brunswick Railroad, was taken up, read and concurred in.
The Senate, having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock A. M., to-morrow.

206

J OUI<NAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA., Tuesday, August 9, 1881, 10 o'clock A. M.

The Senate met pursuant to adjournment, the President

in the chair.

Prayer was offered by Rev. ]. W. Heidt, D. D., Chap-

lain of the Senate.

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,

norman,
Guerry, Harrell,
Hawes, Hicks,
Jordan, Johnson,
King, McDaniel,
J\lattox, l\ic Whorter,
Meldrim,

Moseley, Neal, Parks, Price, Reid, Storey, Suddath, Smith of the 5th, Smith of the 15th, Smith of the 23d, Westbrook,
MR. PRESIDENT.

The Journal was read and approved.

On motion of Mr. Hawes, the Senate reconsidered so

much of _the Journal of yesterday as relates to the con-

currence in the joint resolution of the House to appoint a

joint committee to investigate the sale of the Macon and

Brunswick Railroad.

The same was, on motion of Mr. Meldrim, laid on the

table for the present.

Leave of absence was granted Messrs. Treadwell and

Wilson.

Mr. Guerry, chairman of the Committee on Finance,

made a report, which was read, on the bill relating to

to State depositories, one hundred copies of which were

ordered to be printed, and the bill was recommitted to

the Finance Committee.
Mr. McDaniel, chairman of the Committee on the Ju-

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

Mr. Guerry, made a report from the Committee on

Banks upon a bill referred to said committee.

AUGUST 9 I88I.

207

Mr. Price, chairman of the Special Committee on Temperance, made a report on a bill referred to said committee yesterday.
Mr. Parks offered a privileged resolution, inviting the Hon. L. C. Hoyle, ex-Senator of the Eleventh District, to a seat on the floor of the Senate during his stay in this city.
The same was read :md agreed to. On motion of Mr. Hawes, the Senate took up the reportt of the Committee on Banks on the bill of the House to incorporate the Planters' Banking, vVarehouse and Commission Company, at Camilla, Mitcheil county. Said committee r~ported in favor of its passage, with the following amendments, to-wit: Amend by striking from the sixteenth and seventeenth lines of section 5 the following words, "same, and that which has been paid thereon and;" and by inserting in lieu thereof the following words, "unpaid stock, or by."
The said committee reported adversely to the several amendments pending at the time of the reference of this bill.
Mr. McDaniel offered to amend the report of the Committee on Banks, as follows, to-wit : Strike out in the tenth section the following words, " held hy him at the time," and insert in iieu thereof, the words, '' held, owned or subscribed for by him at the time the debt was made.
The same was adopted.
Mr. McWhorter moved further to amend the report of the Committee on Banks, by substituting the following for the tenth section of the bill, to-wit: "And be it further enacted, that the S<!id stockholders shall not be exempt from the payment of the debts due by said corporation, notwithstanding its extinction, suspension, forfeiture of charter, non-user, or cessation to transact business, but shall be held liable in all the courts of this State, and shall be severally and jointly bound, in their private prop-

208

JOURNAL OF THE SENATE,

erty, for all the outstanding liabilities of the corporation,

when suits have been commenced against them within

twelve months of such extinction, suspension, forfeitures

of charter, non-user, or cessation to transact business.

On this proposition, Mr. McWhorter required the ayes

and nays to be recorded.

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

Barksdale, l:lond,
Butt,
Gorman,

Hick,, :l\IcDaniel,
McWhorter,
Smith of the 15th,

Smith of the 23d, Suddath.

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

Baggs, BBraokw"~r , Bvrd, Carter, Curtis, Daniel, Denmark, Duggar,
Ayes, 10.

Fouche, Guerry, Harrell, Hawes,
John~on,
King, Mattox, )leldrim, Moseley,
Nays, 26.

Neal,
Parks,
Price, Heid,
Smith of the 5th,
Storey, WeMtbrook,
:\ill. PRESIDENT.

So the amendment was not adopted.

The report of the Committee on Banks, as amended,

was agreed to.

The bill having been read the third time on the 2d inst.,

was put upon its passage, as amended.

On this question the ayes and nays were required to be

recorded.

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

Baggs, Baker,
Barksdale,
Brown, Bond,
Butt,
Byrd, Carter,
Curti8, Daniel,
Denmark,
Duggar,

Fouche, Guerry,
Harrell,
Hawes, Hicks,
Jordan,
Johnson, King,
McDaniel, Mattox,
Meldl'im,
Moseley,

Neal, Parks,
Price,
Reid, Smith of the 5th,
Smith of the 15th,
Smith of the 23d, Storey,
Suddath, Westbrook,
MR. PRESIDENT.

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

Gorman,

McWhorter.

Ayes, 35. Nays, 2.

AUGUST 9 I88I.
So the bill was passed, as amended, by a constitutional majority.
The following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof;
Mr.. P1esident : The House of Representatives has passed the following
bills, to-wit: A bill to be entitled an act to amend an act approve'd
March 2, 1875, relating to the cout;ty of Butts, se as to make the same apply to 2 I 7th, 21 8th and 22oth Militia District of the county of Clarke ; also,
A bi:l to be entitled an act to incorpor.ate the Savannah Fire and Marine Insurance Company.
The House has also agreed to the following resolutions, to-wit:
A resolution fixing the time for meeting of the Senate and House of Representatives in joint session f"r the election of a Judge and Solicitor-General of the Northeastern Circuit; also,
A resolution requesting the Governor to return House bill No. 51 to the General Assembly for amendment; also,
A resolution authorizing the Hon. D. N. Speer, State Treasurer, to sell sixteen Baldwin county bridge bonds to Daniel B. Sanford, Ordinary of said county.
Mr. Bond, chairman of the Joint Special Committee on the Lunatic Asylum, made the following report, which was read, and one hundred copies thereof ordered to be printed for the use of the Senate, to-wit :
Mr. President:
A majority of the Joint Committee appointed to investigate and report upon the necessity of ~nlarging the present or building a Branch Lunatic Asylum, beg leave te submit the following report:
14

210

JoURNAL OF THE SENATE,

Your committee upon investigation have found a pressing necessity for immediate provision by the General Assembly for this class of our unfortunate fellow-citizens. ]'rom the resident physician we have ascertained that there are now one hundred and eighty-two applications for admission into this institution by persons adjudged insane, many of which are languishing in the common jails of the various counties. Additional to this number there are doubtless many more throughout the State for whom no application have been made because of the great number who could not be received. The present building, we learn from the resident physician and pre 'ident of the Board of Trustees, is crowdect to its utmost capacity; every parlor in the building, except a small one in the female department, being now used for bed-room:;.
A majority of your committee, while impressed forcibly with many of the sites mentioned in the northern portion of the State for the erection of a Branch Asylum, are yet satisfied that both from the economy of construction and management, it would be more practicable to enlarge the present institution, rather than construct a new @ne. Your committee learned from Col. L. N. Whittle, president of the Board of Trustees, that there :1re now upon the grounds of the present Asylum nearly five hundred thousand brick belonging to the State which can be used in enlarging or constructing another.
From itemized estimates prepared by the engineer, your eommittee has learned the cost of the various mechanical appliances, water works, gas works, laundry, machinery, engines, etc., now in uoe, to be about eighty nine thousand dollars. That with but small additional expense, not ext:eeding one thousand dollars, for piping, etc., the new buildings, if located here, could be supplied with water, gas, steam, etc. Your committee also considered the annual cost of a separate corps of officers and attendants, should a Branch Asylum be established, while if the pres-

AuGusT 9 I88r.

211

ent institution is enlarged, there would likely be necessity but for one assistant physician and atten?ants. A written communication on behalf of the City of Gainesville, signed by the Hon. J. B. Estes, Repr~sentative of Hall county, has been placed in the hands of the committee, and we herewith report the same to the General Assembly for such consicferation and action as it may deem proper. The resident physician, Dr. T. 0. Powell, and such members cf the Board of Trustees who appeared before the joint session of the Senate and House Committee, dwelt at length upon the necessity of improved moral or mental treatment for the insane, and looking to this end urged the construction of separate building for their treatment. Your committee, impressed with the views of these gentlemen, who have devoted years of study to the subject, and recognizing that they could be executed with one building the State, with a greater expenditure than is necessary in otherwise providing for the number of insane, have embodied their conclusions in a bill, which we herewith report to the House, and urge its favorable consideration.
Your committee attaches hereto a copy of the special report of the resident physician to the Board of Trustees, and asks that it may be considered as a part of this report.
Respectfully submitted.
W. P. BoND, Chat'rman,
E. P. s. DENMARK,
of Senate. F. G. DuBIGNON, Chaz'nnan, E. A. PERKINS.

(EXHIBIT A.) GAINESVILLE, GA., July 28, 188 r. On behalf of the City of Gainesville, I hereby propose to give any required assurance or obligation to furnish the

212

JouRNAL oF THE SENATE,

State of Georgia one-fifth, or twenty per cent., more room or accommodations for inmates of a Lunatic Asylum, at or near Gainesville, than will or can be furnished at the present site. Provided, as much as one hundred thousand dollars shall be appropriated for that purpose, and one-fourth or tw.enty-five per cent. more if one hundred and fifty thousand dollars or more shall be appropriatetl. The fact to be determined by a bona fide bid for the work to be done according to prescribed specifications. This to include also the lands, at least one hundred acres, the title to which shall be vested, indisputably, in the State, and to include, also, necessary appurtenances of water, drainage, etc. All of which will be included in the specifications which will be prescribed by the trustees.
Respectfully submitted.
J. B. EsTES, Rep. of Hall county.

(ExHIBIT B.)
SPECIAL REPORT OF SUPERINTENDENT GEORGIA LUNATIC
AsYLUM.
Resolution passed by tlee Board oj Trustees of the Georgia Lunatic Ajyfum.
Resolved, That the Superintendent is requested to draw a special report, to be submitted to the Legislature, to. assemble next month, showing the wants of this institution in regard to a proper system of mental or moral treatment, and improved hygiene and classification of patients.
L. N. WHITTLE, President. R. L. MoTT, T. F. NEWELL,
s. P. MYRICK, w. H. HALL, M. D.
Milledgeville, Ga., 21st June, 1881.

AUGUST g, I88 I.

213

STATE LUNATIC ASYLUM, NEAR MILLEDGSVILLE, GA., rst July, 1881.
To t!te Trustees of t!te Georgz'a Lunatz'c Asylum:
GENTLEMEN :-In compliance with your resolution, re-questing me to make a special report, to be submitted to 'the Legislature, showing the wants of this institution, in regard to the proper system of moral or mental treatment, .and improved hygiene, and classification of the patients, 1 herewith respectfully submit the following report:
We are now dangerously crowded, in every department -of the whites; all the parlors and sitting rooms are occupied as bed rooms, save one, in the female department, .and many of the recreating porticoes, some patients sleeping out in the halls.
You can very readily perceive that this crowded condition is destructive of hygiene and the curative: influence of the institution, and that classification, which is so important, is impossible. In the event of a contagions epidemic, we have no detached building by which we could Check or isolate the disease.
REQUIREME::-<TS.
One detached building to isolate and check contagious epidemics; two convalescent wards, one for male and female departments, with capacity to accommodate one hundred patients each; and one amusement hall.
For completion of the above buildings it will require an .appropriation of eighty-three thousand seven hundred and sixty-five dollars.
For building to isolate and check contagious epidemics ................................ .........$ g, 324 oo
For two convalescent wards ........................ 67,867 oo For one amusement hall............................. 6,574 oo

214

JouRNAL oF THE SENATE,

These buildings are absolutely necessary to promote and secure tlfe healthy and ameliorating and curative influence of the institution. To say nothing of its economy, humanity demands it; the citizens of the State owe it to their unfortunate ones who may be stricken with this fearful malady, not only to provide a place where the unfortunate may be kept from committing suicide, homicide, or destroying property of others, but when, in this fearful misfortune, they may have such comforts and surroundings as may lead to their restoration of mind, and to their families, friends, society, and perhaps profitable ~nd useful citizenship.
There is no period so critical to the patient, and in which the physician is more anxious, than in convalescence, when there are indications of returning integrity of the mind; it is a period in which the mind is not sufficiently strong to guide and direct, or will-power to control, and one in which all external ~urroundings should be carefully considered, and everything that is likely to interfere with mental integrity, retard recovery or cause relapse, should be avoided. At this period :>f the malady, I regard mental or moral treatment requisite and indispensable, hence the great necessity of convalescent wards, that such patients might be promptly removed from nervous, excitable wards, unhappy and depressing scenes, to quiet wards, with all surroundings pleasant and cheerful, which are calculated to distract the mind from morbid or unpleasant fancies, keeping it pleasantly employed, and in healthy channels, thereby facilitating recovery. Without those means, at this particular period, many may relapse and become permanently insane-a loss to family, society, and perhaps an expense to the State for many years.
I am satisfied that there are many cases in this institution, that have been here for twenty-five or thirty years,. could they have had early hospital treatment, they would

AuGUST g, 1881.

215

have been restored; hence the importance of early treatment.
Insanity is a curable disease ; in its earliest stages the per cent. of recoveries in acute cases is large, while that of chronic cases is very small; as a general rule, it may be regarded as chronic, and recovery very doubtful, after twelve or eighteen months' duration.

COLORED INSANE.

The building for the colored insane are now about full, and at the present rate of receptions, in a month or two

they will be filled to their utmost capacity. It must, however, be remembered that before these buildings were

completed, we had nearly enough applicants on our books

for admission to fill the buildings. In view of the above

facts, I feel it my duty to call your attention, and through

you the attention of the Legislature,9 to the necessity for making more provision for this class of our unfortunates;

it is simply a question of little time in our being under the

necessity of receiving the colored insane only as vacancies

may occur, and unless prompt action is taken to provide

more accommodation for them, many of them, in all prob-

ability, will be confined to the common jails of the coun-

ties.

APPLICATIONS FOR ADMISSION.

There are now on our book of applications, awaiting

occurrence of vacancies, as follows, viz :

White male lunatics.................... :................ 67 White female lunatics................................. 74

White male epileptics.. ... .. . .. .. .... . .. .. ... .. .. . .. .. .. I I

White female epileptics................................. 4

IS

White male idiots............................ .. .. ..

I3

White female idiots.................. ... ....... ... ..... 5

IS

White male inebriates................

2

Total, whites............. ......... ......

I76

;n6

JouRNAL OF THE SENATE,

There are, no doubt, many others in Georgia who would have had applications made for their reception, but for the fact being known of our crowded condition, and it was useless, as we would be compelled to refuse them for want room.
As to the number in Georgia unprovided for, we can only approximate, and we have taken some trouble to ascertain some rule, and thillk that furnished by Dr. Kirkbride of Philadelphia, the most reliable, as he has given a great deal of time and attention to it.
Dr. Kirkbride says that '' it may be safe to estimate one to every I,ooo, or more probable, one to every 500 of the whole population.
Taking it at one for every thousand of the whole population, and putting Georia down at one and a half million, this would give the Sllate fifteen hundred of all classessix hundred entirely unprovided for, while we are now carrying at least one hundred and forty-five or fifty patients more than the healthy and curative capacity of the instition justifies.
All of which is respectfully submitted.
T. 0. PowELL, SupeJtittendent.

Mr. Price, chairman of the Committee on Education, reported back to the Senate, with a substitute, the bill of the Senate to authorize the various counties in this State, by a vote of the legal ~oters, determined by proper election, to levy and collect taxes for the purpose of educa tion, and for other purposes.
The same was read the second time, and one hundred copies of the substitute were ordered to be printed.
The subject matter was then, on motion, recommitted to the Committee on Education.
The bill of the Senate to prohibit the buying or selling etc., of any farm products in this State, between sunset and .sunrise, was taken up under adverse report of the

AT,JGUST 9 I88I.

217

Judiciary Committee, and lost, by agreement, with said report.
The bill of the Senate to regulate the sale of spiritu()us, intoxicating liquors in this State, etc., was read the second time, and on motion of Mr. Byrd, was made the special order for Tuesday, the 16th instant.
The bill of the House to repeal the second section of an act to repeal an act, approved February 27, 1877, entitled an act to repeal an act entitled an act to create a County Court in each county of this State, except certain counties therein named, approved January 19, 1872, so far as the same applies to the County Court of Dodge, and to abolish the County Court of Dodge county, was read the second time and passed to a third reading.
On motion of Mr. McDaniel, the joint resolution from the House, fixing the time for the election of a Judge and Solicitor-General of the Northeastern Judicial Circuit, was taken up and read.
On his motion, the same was amended by striking out the words ''Monday, the 15th," and inserting "Thursday, the r 1th inst."
The resolution, as amended, was concurred in, and ordered to be transmitter\ at once to the House of Representatives.
The Senate took up the report of Committee on the Judiciary on the bill of the House to prohibit the sale or furnishing of spirituous, malt or other intoxicating liquors within the county of Lowndes, and to provide a punishment for the violation of the same.
Satisfactory proof of due legal notice of intention to apply for the passage of this bill, was submitted to the Senate.
The report, which was favorable, was agreed to. The bill was read the third time, and on the question ofits passage, Mr. Guerry required the ayes and nays to be recorded.

218

} OURNAL OF THE SENATE,

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

Baggs, Baker, Barksdale, Brown, Bond, Byrd, Carter,
Curtis, Daniel, Dem:ak,

Duggar,
Fouche, Gorman,
Guerry,
Harrell, Hawes,
Hicks,
Jordan, .Johnson. King,

Ayes, 3 r. Nays, o.

McDaniel, Mattox, Meldrim, Moseley, Parks, R<id,
Smith of the 5th, Smith of the 15th, Smith of the 23d, Westbrook,
MR. PRESIDENT.

So the bill was passed by a constitutional majority.

The Senate took up the report of the Judiciary Committee on the bill of the House to amend section 4109 of the Code of 1873. which relates _to post mortem examinations, and to provide for the same in certain cases,

The committee reported in favor of its passage, with the following amendments, to-wit:

Amend section 1, by striking out from the twelfth line and the thirty-second line the word "whenever," and ininserting in lieu thereof, in each of said lines, the words, ''in any case, if."

Amend further, by inserting the words, "and impartial,. between the words ''competent" and ''physician" wherever

those words occur in said section. The amendments were adopted. The report was agreed to. The bill was read the third time and passed, as amended,
by a constitutional majority, there being ayes, 25; nays, o. The Senate took up the report of the Judiciary Com-
mittee on the bill of the House to provide compensation for jurors in the County Cout:ts in the State of Georgia.
The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority, there being ayes, 30; nays, o. The Senate took up the report of the Judiciary Committee on the bill of the House to amend an act to fix the amount of license for selling or vending spirituous, intoxi-

AUGUST 9 1881.

219

eating or malt liquors in the counties of Wayne, Liberty, Coffee and Appling, in this State, and to prescribe a punishment for a violation of the provisions of this act, and for other purposes, by extencl'ing the provisions thereof for the county of Coffee, so as to include within the same, any and all beers, ciders, bitters or nostrums, whether patented or not, and with or without a name, which if taken in sufficient quantities, will produce {ntoxication.
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, which was favorable, 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 the report of the Judiciary Committee on the bill of the House to prohibit the sale of intoxicating spirits at the following named localities in this State, and within certain distances thereof, to-wit: Within three miles, in every direction, from the Bethlehem Baptist Church, in the 1074th District G. M., of Polk county, and within three miles in every direction, from the Shiloh Baptist Church, in the 1079th District G. M., in the county of Polk.
The committee recommended its passage, with the following amendments, to-wit:
Amend the title by substituting the word ''liquors" for "spirits" where it occurs therein; also, by striking out the words, "three in every direction from the Bethlehem Baptist" and inserting ''three of the Bethlehem Baptist;" also, amend by striking out "in every direction from the Shiloh Baptist," and inserting in lieu thereof, ''of the Shiloh Baptist."
Amend section 1 by striking out the word ''spirits" and inserting in lieu thereof, ''liquors;" also, by striking out the words "in every direction from the Bethlehem Baptist," and inserting in lieu thereof, ''of the Bethlehem Baptist;"

220

JouRNAL OF THE SENATE,

also, by striking out the words "in every direction from

the Shiloh Baptist," and inserting in lieu thereof, ''of the

Shiloh Baptist." Satisfactory evidence

was

submitted

to

the

Senate

that

due legal notice had been given of intention to apply for

the passage of this act.

The amendments were adopted.

The report, as amended, was agreed to.

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

by a constitutional majority, there being ayes, 28 ; nays, o.

The Senate took up the report of the Committee on the

Judiciary on the bill of the House to change, the time of

holding the Superior Courts of the county of Montgomery,

in the Oconee Judicial Circuit.

The report, which was favorable, was agreed to.

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

tutional majority, there being ayes, 28; nays, o.

The Senate took up the report of the Judiciary Com-

mittee on the bill of the House to authorize the Board of

Commissioners of Roads and Revenues of the county of

Glynn to issue bonds, not to~exceed the sum of $4o,ooo,

bearing interest not exceeding the rate of seven per cent.

per annum, for the purpose of refunding the present out-

standing bonded debt, and of funding the other debts of

said county, and to provide for the levy and collection of

tax for the payment of said bonds, and the interest there-

on, and for the establishment of a sinking fund, and to

prescribe the manner in which said bonds may be issued

and paid off, and to authorize the said board to compro-

mise and adjust the debts of said county.

Satisfactory evidence was submitted to the Senate that

due legal notice of intention to apply for the passage of

this bill had been given.

The report, which was favorable, was agreed to.

The bill was read the third time and passed, there being

ayes, 33; nJys, o.

AucusT 10, r881.

22f

The Senate, having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock A. M., to-morrow.

SENATE CHAMBER, ATLANTA, GA., vVedne~day, August 10, r88r, 10 o'clock A.M.

The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Rev. ]. \V. Heidt, D. D., Chaplain of the Senate.

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

Baggs, Baker, Barksdale, Brown, Bond, Butt, Carter, Curtis, Daniel, Denmark, Duggar, Fouche, Gorman,

Guerry, Harris,
Harrell, Hawes, Hicks, Jordan, Johnson,
King, :McDaniel, .Mattox, McWhorter,
Meldrim,

Moseley, Neal, Parks, Price, Reid, Smith of the 5th, Smith of the 15t-h, Smith of the 23d, Storey, Suddath, Winn,
MR. PHESIDENT.

The Journal was read and approved.

Mr. McvVhorter, chairman of the Committee on Enrollment, submitted tl.e 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 signatures of the President of the Senate, the following acts, to-wit:

An act to revise the Superior Court Calendar for all the counties composing the Brunswick Judicial Circuit, etc.; also,
An act to create a Board of County Commissioners for Brooks county, etc.; also,

222

JouRNAL OF THE SENATE,

An act to establish a system of public schools for the City of Rome, etc.; also,
An act to reduce the official bond of the Sheriff of the county of Early, etc.; also,
An act to provide for the payment of the debt of Clarke county, etc. ; also,
An act to amend an act entitled an act to incorporate the Stone Mountain Granite and Railway Company, etc. ; also,
An act to appropriate fifty dollars to pay I. Y. Sawtell, due him as witness fees, etc. ; also,
An act to prescribe the method of grant'ing license to sell spirituous or intoxicating liquors in the county of Screven, etc.
R. L. WcWHORTER, Chairman.

The leave of absence granted Messrs. Wilson and Treadwell was extended for this day.
Messrs. Westbrook and Harrell were granted leave of absence until Monday next.
Leave of absence was granted Mr. Byrd for to-day, to allow him to attend the State Agricultural Society now in session at Rome, Ga.
Mr. McDaniel, chairman of the Judiciary Committee made a report on certain bills.
Mr. Bond, chairman of the committee on the Deaf and Dumb Asylum made a report on certain bills, which was read.
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 provide for the payment of a bond of the State of Georgia for $rooo, dated January

AuGUST 10, 1881.

223

1, 1843, and signed bv Charles ]. McDonald, Governor, with coupons attached for interest, at six per cent. per annum, and a bond of the said State for $500, dated July 1, 1852, and signed by Howell Cobb,:Governor, with coupons attached, for interest, at six per cent. per annum, to the administrator de bonis non of the estate of Noah B. Knapp, lately of the county of Chatham, deceased.
The House of Representatives has also agreed to a resolution inviting Dr. .\1ell of the State University to address the General Assembly, in which they ask the concurrence of the Senate. The House of Representatives has also concurred in the Senate's amendment of a resolution fixing the time for meeting of the Senate and House of Representatives in joint session, for the election of a Judge and Solicitor-General of the Northeatern Circuit.
On motion of Mr. McWhorter, the resolution from the House, inviting Dr. Mell to address the General Assembly was taken up, concurred in, and ordered to be transmitted to the House, without delay.
Mr. Guerry, chairman of the Joint Special Committee appointed to inquire and report as to the propriety of the acceptance by the treasurer of certain bonds of the United States, bearing three and one-half per cent. interest per annum, in payment of balance due the State of Georgia by the purchasers of the Macon and Brunswick Railroad, made the following report :

Mr. President:
A majority of the joint committee appointed to investigate the subject of the acceptance of certain bonds of the United States, in the event they should be tendered by the purchasers of the Macon and Brunswick Railroad, in payment of the balance due the State for said property, respectfully submit the following report:
The proposed bonds have not been actually tendered; .are not in the city ; and we have not seen any of them ;

224

JouRNAL OF THE SENATE,

but they are said by Mr. E. W. Cole, president of the

company owning said railroad, to be like one shown to

him by the treasurer, a copy of which is hereto attached.

After careful consideration, assuming that the proposed

bonds would be duly and promptly tendered if the pur-

chasers were assured of their acceptance, we advise the

General Assembly that they should not be accepted for the following reasons: -

rst. The proposed bonds are not such as are required

by the act under which the purchase was made, or the act

amendatory thereof.

2d. We know of no sufficient reason for waiving a com-

pliance with said acts.

(Signed,)

DuPONT GuERRY,

Chairman Senate Committee.

T. S. DAVIS,

Chairman House Committee.

(COPY BOND.)

It is hereby certified that the United States of America

are indebted unto Franklin Fire Insurance Company of

Philadelphia, or assigns, the sum of five thousand dollars, re-

deemable after the 3d day of June, 1881, with interest from

the first day of July, 1881, inclusive, at six percent. per an-

num, payable on the first day of January and July in each

year. This debt is authorized by acts of Congress, ap-

proved-July 17 and August 5, 186r, and is transferable on

the books of the office.

(Series of I870.)

Entered, J. H. D.

WASHINGTON, May 16, 1881.

Recorded, S. A. A.

Bureau Engravir g and Printing,

Treasury Department, Register's Office.

........................Signature of the Treasurer.

AuGusT to, r881.

225

(Loan of July 17 and August 5, 1861.)

At the request and for value received by the owners of this bond, the same is ...........................at the pleasure of the Government. to bear interest at the rate of three and one-half per cent. per annum, from July I, 188 I, payable semi-annually, as provided in Treasurer's circular, No. 42, dated April 11, t88r.

Five Thousand Dollars.

Transfer No......~

For value received ............................... assigns unto ................................... of ................................... the within certificate of United States States stock, issued by the Treasury Department, and hereby authorize the Register of the Treasurer to transfer said stock on the books of the Department.

Dated ........................... 187 .. .

Ext:LUlc:J in the presence of. ............................ . of the ............of............... in the sale of...................

Note.-The execution of the above assignment, when not made at the Department, must be witnessed by a United States Judge, District Attorney or Clerk, or a Collector of the Customs, United States Treasurer or Assistant, or American Minister abroad, United States Consul, or Notary Public. If witnessed by either of the two latter, his official seal must be attached. In all cases the witness must add his official designation and residence. If assigned by a corporation, it must be described as the assignor. When it has not been previously done, evidence of the official character of the person signing must be furnished, as that he is president or cashier of a bank;. and also proof of his authority to make the assignment. Executors, administrators or trustees, where the stock stands in the name of the person they represent, must furnish legal evidence of their official character to be filed.
FIVE THOUSAND DoLLARS.
IS

226

JOURNAL OF THE SENATE,

On motion of Mr. Guerry, action on the report was de ferred in order to allow time for the minority of the committee to prepare and submit a minority report, and the subject matter was made the special order for to morrow, immediately after the reading of the Journal.
On motion of Mr. Fouche, the bill to fix the fees of public weighers of cotton and to punish the charging and taking of excessive fees, was taken from the table and recommitted to the Committee on the Judiciary.
The bill of the Senate to provide for the establishment of a branch academy for the deaf and dum~. at Waycross, in the county of Ware, was withdrawn by the mover, Mr. Smith of the Fifth District, with consent of the Senate.
The bill of the Senate to punish the stealing of one or more bales of cotton was laid on the table for the present.
The bill of the Senate to prohibit the manufacture, sale or importation into this State, of any chemical fertilizers, and to provide a penalty for the same, and for other purpopes, was taken up, on motion, and recommitted to the Committee on Agriculture.
The bill of the Senate to make it a felony for any person, By persuasion or otherwise, to attempt to mislead or in fiuence others into the commission of the crime of polygamy or bigamy, was read the second time and passed to the third reading.
The following bills of the House were read the first time, and referred to- the Committee on Finance, to-wit:
A bill to provide for the payment of a bond of the State of Georgia for $I,ooo, dated January I, 1843, and signed
by Charles J. McDonald, Governor, with coupons attached
for interest at six per cent. per annum, and a bond of said State for $500, dated July 1, 1852, and signed by Howell Cobb, Governor, with coupons attached for interest, at six per cent. per annum, to the administrator de bonis non of the estate of Noah B. Knapp, lately of the county of G:hatham, deceased; and a resolution authorizing the Hon.

AUGUST 10, 1881.

227

D. N. Speer, State Treasurer, to sell sixteen Baldwin -county bridge bonds, to Daniel B. Sanford, Ordinary of said county.
The bill of the House to incorporate the Savannah Fire and Marine Insurance Company, was read the first time, and referred to the Committee on Corporations.
The bill of the House to amend an act. approved March 2, 1875, relating to the county of Butts, so as to make the same apply to the 21 7th, 218th and 22oth Militia Dis. tricts of the county of Clarke, was read the first time, and referred to the Judiciary Committee.
Mr. Tordan offered a privileged resolution, which was read and agreed to, inviting ex-Senator R. L. Warthen and Col. B. D. Evans to seats on the floor of the Senate.
The following bills of the House were taken up for a third reading, but without being read, were on motion, laid on the table for the present, to-wit:
A bill to repeal an act to fix the place for Sherift's sales in the county of Baldwin, approved February 13, 1874; and
A bill to repeal the second section of the County Court act, so as to abolish the County Court of Dodge county.
The Senate took up the report of the Judiciary Committee on the bill of the House to prevent the sale of intoxicating liquors within three miles of Pisgah and Mount Pleasant Churches in the 855th District G. M., of Floyd county, and to provide a penalty therefor.
Satisfactory evidence of due legal notice of intention to apply for the passage of this bill was submitted to the Senate.
The report, which was favorable, was agreed to.
The bill was read the third time and passed by a constitutional majority of ayes, 24; nays, o.
The bill ofthe House to prohibit any person or persons keeping a bar-room or other place where spirituous liquors are sold by retail, to be drank on the spot; from employ-

228

jOURNAL OF THE SENATE,

ing minors therein, and to prescribe a penalty therefor, was read the second time and passed to a third reading.
A resolution of the House requesting the Governor to return House bill No. 51 to the General Assembly for amendment, was taken up, read and concurred in.
The bill of the Senate to regulate the practice in carrying pauper cases to th~ Supreme Court of this State, was read the second time and passed to a third reading.
On the call of the roll, the following bills were introduced, read the first time, and referred to the Committee on the Judiciary, to-wit:
By Mr. GormanA bill to regulate the sale of pistols in this State, and to provide a punishment for the same, and for other purposes; and By Mr. ParksA bill to define the offiense of selling or disposing of mortgaged personal property, and to prescribe the penalty therefor. The Senate having disposed of all the business on the desk of the Secretary, adjourned, on motion, until 10 o'clock A. M., to-morrow.

SENATE CHAMBER, ATLANTA, GA., Thursday, August II, 1881, 10 o'clock A. M.

The Senate met, pursuant to adjournment, the Presi-
dent in the chair.
Prayer was offered by the Rev. J. W. Heidt, D. D.,
Chaplain of the Senate.

On the call of the roll, the following Senators answered

to their names, to-wit:

Baggs, Baker, Barksdale, Brown, B11nd,
Butt,

Gorman, Guerry, Harris, Hawes, Jordan, Johnson,

Parks, Price, Reid, Smith of the 5th, Smith of the 15th,
Smith of the 28d,

AUGUST II, 1881.

229

"Byrd, ()arter,
()urtis,
Daniel,
Denmark,
Duggar, .Fouche,

King, McDaniel,
:Mattox,
McWhorter, Meldrim.
Moseley, Neal,

Storey, Treadwell, Wilson, Winn, Woodward,
MR. PRESIDENT.

The Journal was read and approved.

Leave of absence was granted Messrs. Suddath and Hicks on account of sickness in their families.
Mr. Mr. McDaniel, chairman of the Committee on the Judiciary, made a report on certain bills, which was read.
Mr. McWhorter, chairman of the Committee on Enrollment, submitted the fo\lowing 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 resolution, to-wit:

A resolution fixing the time of meeting of the Senate

and House of Representatives in joint session for the elec-

tion of a Judge and a Solicitor-General of theNortheastern

Circuit.

(Signed,)

R. L. McWHORTER, Chairman.

At the appointed period, the special order of the day was taken up, to-wit: the report of the Joint Special Committtee on the subject of receiving certain United States bonds in payment of balance due the State by the purchas-ers of the Macon and Brunswick Railroad.
On motio~ of Mr. MevVhorter, the same was discharged, .and made the special order for Thursday next, immediately after the reading- of the Journal.
Mr. Reid introduced a privileged resolution, which was read and agreed to, inviting Hons. Claiborne Snead, Patrick Walsh and H. H. Carlton to seats on the floor of the Senate.
Mr. Denmark offered a privileged resolution which was

230

JOURNAL OF THE SENATE,

read and agreed to, inviting Dr. William Stegall of the county of Thomas to a seat on the floor of the Senate.
Leave of absence was granted Mr. Johnson until Monday, by request of Mr. Daniel, on account of special, pressing business.
By request of Mr. E. C. Grier, secretary of the Georgia State Agricultural Society, the President laid before the Senate certain resolutions passed unanimously by the said society, relating to the bill now pending in the General Assembly for the grant of a railroad charter, known as the bill for the Cole charter, and the protection and fostering of fish culture in this State.
Said resolutions were read, and on motion of Mr. Denmark, that which relates to the railroad charter was referred to the Committee on Internal Improvements and Railroads, and that which relates to fish culture, to the Committee on Agriculture.
Mr. Price, chairman of the Committee on Education,. made a report on certain bills, which was read.
The bill of the Senate to declare county officers ineligible to hold the office of County School Commissioner, was read the second time and passed to a third reading.
By request of the Committee of Education, the bill of the Senate to increase, enlarge and improve the educational facilities, appliances, etc., of the University of Georgia,. which was this day reported back to the Senate by said committee, was recommitted to the Committee on the Judiciary.
The following bills of the Senate were withdrawn by themovers, with consent of the Senate, to-wit:
A bill to provide for amendment of corporate charters~ and for other purposes ; and
A bill to amend section 26 of an act to perfect the publicschool system, and to supercede existing school laws, ap~ proved August 23, 1872.

AuGUST I I, I88I.

2JI

The following bills of the House were read the second time and passed to a third reading, to-wit:
A bill to amend an act approved March 2, I875, relating to the county of Butts, so as to make the same apply to the 2 I 7th, 2 I8th and 220th Militia Districts of the county of Clarke; and
A bill to alter and amend paragraph five of section 2484 of the Revised Code of Georgia, in 1elation to the rules of inheritance between brothers and sisters, so as to allow brothers and sisters of the half blood en the maternal side, to inherit equally with the whole blood.
The Senate took up the report of the Judiciary Committee on the bill of the Senate to fix the fees of public weighers of cotton, and to punish the charging and taking of excessive fees.
The report of the majority of said Committee was adverse to the passage of the bill; the minority report in favor thereof.
Mr. Fouche moved the adoption of the minority report in lieu C1f the majority.
Pending discussion of this proposition, Mr. McWhorter offered the following resolution whi~h was read and agreed to, to-wit:

Reso!ved, That the House of Representatives be requested to return to the Senate, for the purpose of perfecting the same, House bill No. I 36, passed in the Senate August 4, I88 I, which is a bill to prohibit the buying, selling, delivering or receiving of any farm products therein specified, between sunset and sunrise in the county C?f Bibb, and to prescribe the penalty therefor, and for other purposes.
The proposition was still pending to adopt the minority report of the joint special committee last referred to, when the hour arrived for the two houses to meet in joint sessiol\,

232

jOURNAL OF THE SENATE,

to elect a Judge and Solicitor-General of the Northeastern Circuit.
The Senate repaired in a body to the Representative Hall where they were duly received. The President called the General Assembly to order, and having announced the purpose of the convccation, caused the Secretary to read from the Journal the resolution providing for a joint session at the hour of 12, meridian, this day.
This having been done, the President announced as the first business before the General Assembly, the election of a Judge for the Northeastern Judicial Circuit, and that nominations therefor would be received.
'Whereupon the names of the following gentlemen were presented and seconded by their respective friends, to-wit: The Hon. W. L. Marler, of the county of Hall; the Hon. C. H. Sutton, of the county of Habersham; and the Hon.
C. J. Wellborn, of the county of Union.
The President directed the Secretary to proceed with the call of the roll, which being done, it appeared that the following Sen<ttors had voted for Hon. \V. L. Marler, to-wit:
Messrs. Bond, Meldrim and Price-3.
The following Senators voted for Hon. C. ]. Wellborn, to-wit:
Messrs. Baggs, Baker, Barksdale, Brown, Butt, Byrd, Carter, Curtis, Daniel, Denmark, Duggar, Fouche, Gorman, Guerry, Harris, Hawes, Jordan, Johnson, King, McDaniel, Mattox, McWhorter, Neal, Parks, Reid, Smith of the Sth, Smith of the I sth, Smith of the 2Jd, Storey, Treadwell, Wilson, Winn, Woodward and MR. PRESIDENT. -34
The following Senator cast his vote for Mr. Sutton, towit:
Mr. Mosely-1.
The vote of the Senate stood for Hon. W. L. Marler, 3; for Hon. C. ]. Wellborn, 34; for C. H. Sutton, 1.

AuGusT I I, I88 1.

233

On casting up the vote of the House of Representatives, it appeared that the following Representatives had voted for Hon. W. L. Marler, to-wit:
Messrs. Anderson of Newton, Arrington, Beatty, Bennett, Brinson, Carithers, Cook, Daniel, Estes, Garrard, Hillyer, Janes, Jones of Baker, Julian, Keil, Kennedy, Little, Martin of Talbot, McCants, McKinney, Miller, Moore of Hancock, Morrow, Perkins, Price, Quillian, Robins, Singleton, Silman, Spence, Stanford, Sumner, Turnipseed, \Valker of Berrien, Wingfield, Youngblood and Zachry-41.
Those who cast their votes for Hon. C. J. vVellborn, are:
Messrs. Adderton, Awtry, Bacon of Chatham, Barnes, Bates, Bird, Branch, Branson, Broyles, Burch, Cameron, Carter, Christie, Clark, Crumbley, Davis of Lumpkin, Day, Denton, Dial, DuBignon, DuPree of Pike, Dyer, Dykes, Edwards, Farnell, Feagin, Flynt, Fordham, Foster, Fuller, Gaskins, Glover, Goodrich, Gray, Hale, Hall, Hammond, Heard, Heath, Henry, Hester, Hightower of Early, Hightower of Stewart, Hill, Hunt, Hutchins, Jackson of Carroll, Jackson of Richmond, James, Johnson of Lee, Jones of DeKalb, Lamar, Lamb, Lonnon, Lester, Maddox, Martin of Houston, McBride, McClellan, McIntosh, McLeod, Middlebrooks, Mitchell, Milner, Nichols, Northen, Orr, Palmour, Park, Patterson, Peek, Polhill, Post, Raney, Rankin, Rawlins, Reese, Render, Rice, Ritchie, Roney, Sapp, Shockley, Smith of Oglethorpe, Smith of Union, Spearman, Stapleton, Story, Strother, Summerlin, Sweat, Tharpe, Thompson, Turner of Floyd, Turner of Monroe, Walker of Crawford, \Valker of Jasper, Wilkinson, Wilson of Bulloch, Wilson of Greene, Winslow, Withrow, vVright, Zellars and MR. SPEAKER..:_I44.
Those who voted for Hon. C. H. Sutton, are: Messrs. Barrow, Bassinger, Brewer, Da~is of Habersham, DuPree of Macon, Kimsey, Lewis, Twiggs, Whittle, Willingham- I I.

234

JOURNAL OF THE SENATE,

The consolidation of the vote showing that the Hon. C. J. Wellborn had received a majority of the entire vote cast, and a majority of all the members elect of each branch of the General Assembly, he was declared by the President to be duly and constitutionally elected Judge of the Northeastern Judicial Circuit, his term of office to continue until the next general election for Judges, which according to the President's construction of the law, is January, 1883.
The President announced the election of a SolicitorGeneral for the Northeastern Judicial Circuit to be the next business in order, and that nominations would be received therefor.
The following named gentlemen were placed in nomination by their respective friends, to-wit: Mr. R. H. Baker, of the county of Lumpkin; Mr. H. W. J. Ham, of the county of Hall; Mr. W. S. Erwin, of the county of Habersham, and Mr. William Findley, of the county of Hall.
The Secretary, by direction of the President, proceeded with the call of the roll in said election, with the following result :
The Senators who voted for Mr. R. H. Baker are, to-wit:
Me!Osrs. Baggs, Bond, Byrd, Curtis, Duggar, Gorman, Parks, Price, Treadwell-g.
Those who voted for Mr. H. W. J. Ham, are: Messrs. Brown, Harris, Hawes, Jordan, King, Meldrim' Neal, Smith of the 5th, Wilson and Winn-10. Those who voted for Mr. W. S. Erwin, are: Messrs. Baker, Barksdale, Butt, Carter, Daniel, Denmark, Fouche, Guerry, Johnson, McDaniel, Mattox, '~Mc Whorter, Moseley, Reid, Smith of the 15th, Smith of the 23d, Storey and Woodward-18.
The following members of the House of Representatives cast their votes for Mr. R. H. Baker:

AUGUST I I, 1881.

235

Messrs. Anderson of Cobb, Beatty, Carter, Crozier, Crumbley, Davis of Lumpkin, Dial, Henry, .Kemsey, Lewis, Mitchell, Orr, Palmer, Parks, Post, Quillian, Ritchie, Silman, Smith of Union, Story, Wilson of Greene, Withrow and Zachry-23.

The Representatives who cast their votes for Mr. H. W. J. Ham, are as follows:

Messrs. Adderton, Anderson of Newton, Arrington, Awtry, Bates, Branch, Cameron, Cook, DuBignon, Dyer, Edwards, Estes, Farnell, Feagin, Fordham, Gaskins, Goodrich, Hale, Hall, Hammond, Heath, Hillyer, James, Jemison, Jones of DeKalb, ] ulian, Keil, Kennedy, Lamb, Martin of Houston, Martin of Talbot, Mays of Butts, McBride, McClellan, McKinney, McLeod, Moore of Hancock, Nichols, Northen, Patterson, Peek, Perkins, Polhill, Rawlins, Robbins, Roney, Sapp, Scruggs, Shockley, Singleton, Stapleton, Strother, Summerlin, Sumner, Sweat, Tharpe, Thompson, Turner of Floyd, Twiggs, Walker of Berrien, Walker of Crawford, Whittle, Wilkerson, wilson of Bulloch, Winslow, Wright and Youngblood-6g.
Those who voted for Mr. W. S. Erwin, are:
Messrs. Bacon of Chatham, Barnes, Barrow, Bassinger, Bennett, Brewer, Brinson, Broyles, Burch, Carithers, Christy, Clarke, Daniel, Davis of Habersham, Day, Denton, DuPree of Macon, DuPree of Pike, Dykes, Flint; Foster, Fuller, Gerrard, Glover, Gray, Heard, Hightower of Early, Hill, Hunt, Hutchins, Jackson of Carroll, Jackson of Richmond, Janes, Johnson of Lee, Jones of Baker, Lamar, Lonnon, Lester, Little, Maddox, Mathews, McCants, McClure, McClellan, Mcintosh, Middlebrooks, Miller, Milner, Morrow, Price, Roney, Reese, Render, Rice, Smith of Oglethorpe, Spence, Spearman, Stanford, Turner of Monroe, Turnipseed, Walker of Jasper, Willingham, Wingfield, Zellars and MR. SPEAKER-6$ .



jOURNAL OF THE SE.NATE,
It appeared by a consolidation of the vote of the two Houses, that Mr. R. H. Baker had received 32 votes; Mr. H. W. J. Ham 79, and Mr. W. S. Erwin 83 votes.
Neither of the candidates having received a majority, the Secretary proceeded with the call of the roll for a second ballot, with the following results, the names of Messrs. Findley and Baker having at this juncture been withdrawn:
The following Senators cast their votes for Mr. H. W. J. Ham, to-wit:
Messrs. Baggs, Brown, Bond, Curtis, Duggar, Harris, Jordan, King, Meldrim, Neal, Smith of the 5th, Wilson and Winn-12.
The Senators who voted for Mr. W. S. Erwin, are : Messrs. Baker, Barksdale, Butt, Byrd, Carter, Daniel, Denmark, Fouche, Gorman, Guerry, Hawes, Johnson, McDaniel, Mattox, McWhorter, Moseley, Parks, Price, Reid, Smith of the I 5th, Smith of the 23d, Storey, Treadwell, Woodward and MR. PRhSIDENT-25The following Representatives cast their votes for Mr. H. 'vV. J. Ham, to-wit: Messrs. Adderton, Anderson of Cobb, Arrington, Awtrey, Bacon of Chatham, Barnes, Bates, Beatty, Bird, Branch, Cameron, Cook, DuBignon, Dyer, Edwards, Estes, Farnell, Fordham, Goodrich, Hale, Hammond, Heath, Hillyer, James, Jemison, Jones of DeKalb, Julian, Lamb, Martin of Houston, Mays of Butts, Mcc:Iellan, McLeod, Nichols, Northen, Orr, Palmer, Patterson, Peek, Polhill, Rawlins, Robbins, Ron'!y, Sapp, Scruggs, Shockley, Singleton, Smith of Union, Stapleton, Summerlin, Sumner, Sweat, Tharpe, Thompson, Turner of Floyd, Twiggs, vValker of Berrien, Walker of Crawford, Wilker son, Wilson of Bulloch, Winslow, Wright and Youngblood-62. The following Representatives cast their votes for Mr. W. S. Erwin, to-wit:
0

Auausr 12, 1881.

237

Messrs. Barnes, Bennett, Brewer, Burch, Barrow, Bassinger, Brinson, Broyles, Carter, Carithers, Christy, Clarke, Crozier, Crumbley, Daniel, Davis of Habersham, Davis of Lumpkin, Day, Denton, Dyer, DuPree of Macon, DuPree of like, Dykes, Flint, Foster, Fuller, Garrard, Gaskins, Glover, Gray, Heard, Hester, Hightower of Early, Hightower of Stewart, Hunt, Hutchins, Jackson of Carroll, Jackson of Richmond, Janes, Johnson of Lee, Kinsey, Lamar, Lonnon, Lewis, Little, Maddox, Mathews, McBridge, McCants, McClure, Mcintosh, McKinney. Middlebrooks, Miller, Mitchell, Milner, Morrow, Park, Post, Price, Quillian, Roney, Reese, Render, Rice, Ritchie, Silman, Smith of Oglethorpe, Spence, Speerman, Stanford, Story, Strother, Turner of Monroe, Tur-
nipseed, vValker of Jasper, Williams, vVilson of Greene,
Wingfield, \Vithrow, Zachry, Zellars, and MR. SPEAKER -86.
On consolidating the votes of both Houses, it appeared that H. W. J. Ham had received 82, and W. S. Erwin I I I votes. Neces~ary to elect 97 votes.
Mr. W. S. Erwin of the county of Habersham, having received a majority of the entire vote cast, the same being al&o a majority of all the members elect to the General Assembly, was declared to be duly elected Solicitor-General of the Northeastern Judicial Circuit for the term ending January I, 1883.
The General Assembly was dissolved, on motion. The Senate repaired to its chamber, and was called to order by the President, whereupon it was adjourned, on motion, until 10 o'clock A. M., to-morrow.

SENATE CHAMBER, ATLANTA, GA., Friday, August 12, I88I, 10 o'clock A. M.
The Senate met pursuant to adjournment, the President in the chair.

JouRNAL oF THE SENATE,

Prayer was offered by the Rev. J. W. Heidt, D. D., Chaplain of the Senate.

On the call of the roll, the following Senators answered

to their nc1mes, to-wit :

Baggs, Baker,
Barksdale, Brown,
-Bond, Butt. Byrd, Carter,
Curtis, Daniel,
Denmark, Duggar, Fouche,

Gorman, Guerry, Harris,
Hawes, Jordan, King, McDaniel, Mattox, McWhorter, Meldrim, Moseley, Neal, Parks,

Payne, Price, Reid, Smith of the 5th, Smith of the 15th, Smith of the 23d, Storey, Treadwell, Wilson, Winn, Woodward,
MR. PRESIDENT.

The Journal was read and approved.

The Senate resumed the unfinished business of yesterday, to-wit: the bill of the Senate to prescribe the fees of public weighers of cotton, and to provide a penalty for charging excessive fees therefor-the motion of Mr. Fouche to adopt the minority report, which was favorable to the passage of the bill, in lieu of the majority report, which was adverse thereto, being the pending proposition.

Mr. Hawes moved to amend the bill by inserting between the words "violation" and "shall" in the sixth line of the second section, the following words, to-wit: ''Provided the same is done with the consent or knowledge of said factor, merchant or other person."

The amendment was adopted.

The question then recurred upon the adoption of the minority report, as amended, as a substitute for the majority report.

On this proposition, Mr. Fouche required the ayes and nays to be recorded.

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

AuGusT 12, 1881.

239

Brown,
Bond, Butt, Byrd, Carter,
Curtis,
McDaniel, Duggar,

Fouche,
Gorman, Hawes, Jordan, King, McWhorter,
~{oseley,

Neal, Smith of the 5th, Smith of the 15th, Storey, Treadwell, Wilson, Woodward.

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

Baggs, Baker, Barksdale, Denmark,

Guerry, MHcaDrar~isiel, Mattox,

Meldrim,
Parks, Winn, 1\lR. PRESIDENT.

Ayes, 22. Nays, 12.

So the minority report, as amended, was adopted in lieu of the majority report, which was unfavorable to the passage of the bill.

The bill was then, on motion of Mr. Butt, laid on the table for the present.

Mr. McDaniel, chairman of the }udicia1y Committet:, Mr. Byrd, chairman of the Committee on Agriculture, and Mr. Fouche, chairman of the Committee on Finance, made reports, which were read, on matter referred to their committees respectively.
On motion of Mr. Gorman, leave of absence until Tuesday next was granted Mr. Smith of the Fifteenth District.

On motion of Mr. Byrd, leave of absence was granted Mr. Price for two days after to day, on account of sickness in his family.
Mr. McDaniel, on his own application, was granted leave of absence until Wednesday next, to enable him to attend Superior Court in his county.
Mr. Baker offered a privileged resolution, which was read and agreed to, inviting the Hon. Thomas Hardeman, Jr., president of the Agricultural Society of Georgia, to a seat on the floor of the Senate.
The bill of the Senate to regulate the sale of pistols in this State, and to provide a punishment for the same, and

JouRNAL OF THE SENATE,

for other purposes, was taken up and laid on the table for the present..
The bill of the S~nate to punish the stealing of a bale or more of cotton, and for other purposes, was on motion of Mr. Mattox, taken from the table and recommitted to the Judiciary Committee.

The following bills of the Senate were, with consent of the body, withdrawn by the movers, to-wit:

A bill to require agents of nurseries located outside of

this State to pay a license in each county where they offer

for sale the products of said nurseries, and for other pur-

poses; and



A bill to amend section 16 of the public gchool laws.

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

A bill to amend section 3648 of the Revised Code of 1873, which provides for the summary sale of perishable personalty levied on, requiring notice to be given in every case where application is made, for an order to sell personal property in a summary manner.

A bill to prohibit the sale or furnishing of spirituous, malt or other intoxicating liquors in the county of Dooly, and providing punishment for the same.
A bill to provide for the compensation of the Ordinary, Sheriff and Clerk of the Superior Court of Lincoln county; and

A bill to amend section 1455 of the Code of Georgia of 1873, which provides for submitting to the lawful voters of any county in this State, upon the petition of fifty freeholders of such county, the question of "fence" or "no fence," by authorizing elections to be held under said sec. tion at such time as the Ordinary shall appoint, and by striking out the proviso of said section, and for other purposes.
The resolution of the House authorizing the Hon. D.

At:GUST 12, I88r.

241

N. Speer, State Treasurer, to sell sixteen Baldwin county bridge bonds to Daniel B. Sanford, Ordinary of said county, was read the second time and passed to a third reading.
Mr. Wib;on offered the following privileged resolution, which was read and agreed to, to-wit:
WHEREAS~the Senate is now fully up with its bu!>iness; therefore,
Resolved, That when the Senate adjourns this day, it do adjourn until Monday next, IO o'clock A. M.
The bill of the Senate to declare county officers ineligible to hold the office of County School Commissioner, was taken up for a third reading, but without being read, was laid on the table for the present.
Tht: Senate took up the report of the Judiciary Committee on the bill of the House to repeal an act entitled an act to fix the place for Sheriffs sales in the county of Baldwin, approved February 13, 1874.
Satisfactory evidence wa-; submitted to the Senate that due legal notice had been given of intention to apply for the passage of this bill.
The report, which was favorable, was agreed to.
The bill was read the third time and pa~sed by a constitutional majority, there being ayes, 32; nays, o.
The Senate took up the report of the Judiciary Committee on the bill of the Senate to make it a felony for any person, by persuasion or otherwi~e. to attempt to mislead or influence others into the commission of the crime of polygamy and bigamy.
The committee recommended its passage, with the following amendment, to-wit: Strike out the word ''and," and insert the word ''or," where the same occurs between the words polygamy and bigamy.
The amendment was adopted. 16

JouRNAL OF THE SENATE,

The report was agreed to. The bill was read the third time, and pending the question of its passage, as amended, the same was made the special order for Wednesday next, the 17th instant, at 10 e'clock A. M. The following message was received from the House of Representatives, through :\1r. Hardin, the Cl~k thereof:

M'l'. President:

The House of Representatives has passed the follow-

ing bill, to-wit:

A bill to be entitled an act to incorporate the Cincinnati

and Georgia RailroaJ Company, and "to define its rights,

powers and privileges, and for other purposes.

Mr. Butt moved to take from the table the joint resolu-

tion from the House to appoint a joint committee to inves

tigate the sale of the Macon and Brunswick Railroad, and,

en this proposition, required the ayes and nays to be re-

tarded.



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

Barksdale. Brown,
But. Byrd,
Denmark, Dug11;ar,

FouchE', Guerry,
Jordan,
McDaniel,
Meldrim,

Parks, Price, f:imith of the 15th, :Storey, Winn.

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

Bagg~,
Baker,
arter, Curtis, Gorman,

Harns, Hawes, King,
Mattox,

McWhorter, Smith of the 5th, Smith of the 23d,
1\IR. PRESIDENT.

Ayes, 16. Nays, 13.

So the motion prevailed.

On motion of Mr. Hawes, the resolution was made the special order for Monday next, immediately after the reading of the Journal.

Mr. Baggs introduced a privileged resolution, which

AUGUST rs. r88r.

243

was read and agreed to, inviting Major B. F. Russell to a seat on the floor of the Senate.
The Senate, on motion, adj0urned, and by virtue of a resolution, passed this day, was adjourned until 10 o'clock A. M., Monday next.

SENATE CHAMBER, ATLANTA, GA., Monday, August rs, r88r, 10 o'clock A. M.

The Senate met pursuant to adjournment, the President in the chair.
Prayer by the Rev. J. W. Heidt, D. D., Chaplain of the
Senate. On the call of the roll, the following Senators answered
to their names, to-wit:

Baggs, Baker,
Brown, Bond, :Sutt, UDeanrmte~rrk, Duggar,
Fouche,
Gorman, -Guerry,

Harris, Hawes, Hackett, Hicks, Jordan, Johnson, KinA", McWhorter,
~Ieldrim,
1\-loseley, Parks,

Payne, Reid, Smith of the 5th, 8mith of the 23d, Storey, .Treadwell, Westbrook, Wilson, Winn, Woodward.
MR. PRESIDENT.

The Journal was read and approved.

Leave of absence was granted Messrs. Mattox and Curtus for this day, and to Mr. Neal, until Thursday next; and to Mr. Suddath, indefinitely, Ofl account of sickness in his family.

The Senate took up the special order of the morning, to-wit:

The joint resolution from the House providing for the
appointment 9f a joint committee t? inquire and report
upon the sale of the Macon and Brunswick Railroad, with power to send for persons and papers.

This resolution had been concurred in, and was reconsidered.

244

jOURNAL OF THE SENATE,

Mr. Hawes moved that the Senate refuse to concur in the resolution.
.Yir. Butt moved as a substitute therefor, that the Senate concur in the resolution.
Mr. Bond called for 'the previous question, which was seconded.
The main question was put, and on this Mr. Butt required the ayes and nays to be recorded.
After the call of the roll, but before the result was an. nounced, Mr. Meldrim moved that the pending resolution be laid on the table.
This motion did not prevail.

The President then announced the vote on the question of concurring in the resolution.

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

Butt, Denmark, Fouche,
Guerry,

Hicks, Meldrim, Moseley,
Parks,

Storey, Treadwell,
Westbrook,
Winn.

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

Bagg~,
Baker, Brown, Bond, Carter, Duggar, Gorman,

Harris, Hawes,
Hackett, Jordan, Johnson, King, l\Iattox,

~lc Whorter, Payne, Reid, Smith of the 5th, Smith of the 23d, Wilson, Woodward,
MR. PRESIDENT.

Ayes, 12. Nays, 22.

Mr. McvVhorter, chairman of the Committee on Enrollment, submitted the following report:

Mr. President:

The Committee on Enrollment report as duly enrolled and ready for the signatures of the President and Secretary of the Senate, the following resolutions; to-wit :

A resolution requesting rhe Governor to return House bill No. 51 to the General Assembly, for amendment.

(Signed,)

R. L. McWHORTER, Chatnnan.

AUGUST IS, 1881.

245

Mr. Winn, chairman of the Committee on Corporations, and Mr. Fouche, chairman of the Finance Committee, made reports, which were read, relating to matters referred to their respective committees.
Mr. Harris offered a privileged resolution, which was read and agreed to, inviting Hon. Robert Fallagant, of the .county of Chatham, to a seat on the floor of the Senate .during his stay in this city.
On the call of the roll for the introduction of new matter, Mr. Guerry introduced a bill to provide an additional -mode for the enforcement of liens of mechanics, contractors, material men, and persons furnishing material, and machinists and manufacturers specified in section 1979 of the Revised Code of 1873, the same was read the first time and referred to the Committee on the Judiciary.
Tht: following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof:

Mr. Presz'dent:

The House of Representatives has passed the following bills, to-wit:
A bill to incorporate the Rome Southern Railroad Company and to authorize said company to build and operate its road from the City of Rome, Ga., southward to the Florida line, in the direction of St. Marks, Fla., and for other purposes therein mentioned ; also,
A bill providing for the better inspection, management and control of the convicts of this State.
The House of Representatives herewith returns to the Senate House bill No. 136 for the purpose of having the sar:ne perfected, the title of which is as follows.
A bill to be entitled an act to prohibit the buying, selling, delivering or receiving of any farm products therein specified, between sunset and sunrise in the county of Bibb, and to prescribe the punishment therefor, and for -other purposes.

} OURNAL OF THE SENATE,
The following bills of the House were read the first time, and referred to the Committee on Railroads and Internal Improvements, to-wit:
A bill to incorporate the Cincinnati and Georgia Railroad Company, and to define its rights. powers and privileges, and for other purposes.
A bill to incorporate the Rome Southern Railroad Company, and to authm ize said company to build and operate its road from the City of Rome, Ga., southward to the Florida line, in the direction of St. Marks, Fla., with branches to Atlanta, Macon, Columbus and Brunswick, Ga., and to authorize said company to consolidate its road with any other railroad chartered by this State, the State of Tennessee, or the State of Florida. so as to make a continuous line of railroad from Chattanooga, Tenn., to St. Marks, Fla., and to grant certain powers and privileges to the same, and for other purposes therein named.
The bill of the Hou-;e to provide for the better inspection, management and control of the convicts of this State, was read the first time, and referred to the Committee on the Penitentiary.
On motion of Mr. :\lc\Vhortcr, the bill of the House, No. 136, returned by the Governor to the General Assembly, in response to joint resolution thereof, was taken up and referred to the Committee on Agriculture, the same being a bill to prohibit the buying, selling, delivering or receiving of any farm products thuein specified, between sunset and sunrise, in the county of Bibb, and to prescribe the punishment therefor, anJ for other purposes.
The bill of the House to change and extend the corporate limits of the town of Cedartown in Polk county, was taken up for a second reading under adverse report of the Committee on Corporations, and lost, by agreement, with ' said report.

AUGUST 16, !881.

247

The following bills of the House were read the second time and passed to a third reading, to-wit:
A bill to change the several acts incoporating the town of Conyers, Ga.
A bill to incorporate the Savannah Storage Company; to authorize said company to receive deposits of money, valuables, or any kind of personalty whatsoever; to loan money; to do a general banking business, and for other purposes.
A bill to provide for the payment of a bond of the State of Georgia for $r,ooo, dated January I, 1843, and
signed by Charles J. McDonald, Governor, with coupons
attached for interest at six per cent. per annum ; and a bond of the said State for $500, dated July 1, 1852, and signed by Howell Copb, Governor, with coupons attached for interest at six per cent. per annum, to the administrator de bonis noll of the estate of Noah B. Knapp, lately of the county of Chatham, deceased.
A bill to incorporate the Savannah and Fire and Marine Insurance Company. ~
A bill to incorporate the Cleveland and Lula Railroad Company, etc. ; and
A bill to incorporate the Merchants' and Planters' Steamboat Company, and for other purposes.
The Senate adjourned, on motion, until ro o'clock A. :vr.., to-morrow.

SENATE CHAMBER, A-ruNTA, GA., Tuesday, August 16, 188r, 10 o'clock A. M.
The Senate met pursuant to adjournment, the President in the chair.
.Prayer was offered by Rev. J. W. Heidt, D. D., Chaplain of the Senate.
On the call of the roll, the following Senators answered to their names, to-wit:

JouRNAL OF THE SENATE,

Baggs, Baker, Barksdale, Brown, Bond,
Butt, Byrd,
Carter, Curtis, Daniel,
Denmark,
Duggar, Fouche, Horman,

Guerry, Barris,
Harrell,
Hawes,
Hackett,
Hicks, Jordan, Johnson,
King, Mattox. McWhorter, :Meldrim,
A'Ioseley,
Parks,

Payne, Price, Heid, Smith of the 5th, Smith of the 15th, Smith of the 23d, Storey, Suddath, Treadwell, Westbrook, Wilson, Winn, Woodward,
MR. PRESIDE;)I"T.

The Journal was read and approved.

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's amendments to the following House bills, to-wit :
A bill to be entitled an act to incorporate the Planters' Banking, Warehouse and Commission Company at Camilla, Mitchell county, Ga. ; also,
A bill to be entitled an act to exempt from jury duty all regularly licensed pilots, together with their boat keepers actually engaged on the pilot boats in the various ports in this State ; also,
A bill to be entitled an ac"t to prohibit the sale or furnishing of spirituous, malt or other intoxicating liquors within the limits of Lowndes county, and for other purposes; also,
A bill to be entitled an act to amend section 4109 of the Code of 1873, which relates to post mortem t:xaminations, and to provide for the same in certain cases.
The House of Representatives refuses to concur in the Senate's amendment to the following bill, to-wit :
A bill to be entitled an act to prescribe the method of grantin~ license to sell spirituous liquors in the county of Effingham, and to increase the fee for the same to five thousand dollars.

AuGUST 16, 1881.

249

The House of Representatives has also passed the fol' lowing bill, to-wit:

A bill to incorporate the Rome and Carroliton Railroad Company.

The Senate took up the special order of this day, to wit: the report of the special Committee on Temperance on the bill to regulate the sale of spirituous, intoxicating liquors in the State, outside of incorporated towns, cities and villages; to determine by election the granting of license to sell such liquors within the limits of incorporated towns, cities and villages ; to prescribe a penalty for the violation of the provisions of this act, and for other purposes.

The report was favorable to the passage of the bill. The same was, on motion of Mr. Byrd, taken up for action by sections.
The first section was read. Mr. Hawes moved to amend s~id first section as follows, to-wit:

1. Insert after the word "State" in the third line of said section, the \\'Ords, ''or the municipai authorities of any city, town or village. "

2. By striking out from the sixth line the words, "outside of any incorporated town, city or village."

3 By striking out in the eighth line of said section the words, "two-thirds of the freeholders," and inserting ''a majority of the qualified voters."

The two first amendments were submitted to the Senate separately and were severally lost.

Mr. Butt moved to amend the bill by striking from the

eighth line thereof the word ''freeholders," and inserting in

lieu thereof the words "qualified voters."



This amendment was lost. The question recurriug upon the third amendment proposed by Mr. Hawes, Mr. Butt required the ayts and nays to be recorded.

250

JouRNAL OF THE SENATE,

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

Bark>clale, Duggar, Guerry, Harris. Hawes,

Hackett, Mattox, ~Ic Whorter, l\1ospley,
Payne,

Treadwell, Westbrook,
Winn, \Voodward. l\IR. PnEsmg:on.

Those who voted in the negative are, to-wit-l\Iessrs.

BBaIkI"~"rS: Brown Butt, '
Byrtl,
Carter.
Curti>'. Daniel,

Denmark, Fonclw, Gnrm>lll, Hicks, .Jordan, J ohuson,
lK\iIud"J~im,

Parks, Pnce, lhid, Smith of tlw 5th, ~milh of the l!ith, ::itorey, \\' il,;on.

Ayes, 15. Kay~, 23.

So the third amendment was not agreed to.

Mr. Dpnmdrk moved to amend the first section by strik-

ing from the same a II after the word "village" in the sixth

line thereof.

This amendment was lost.

Mr. Gut>rry offered the following as a substitute for the whole of section 1, to-wit:
That from and after the passage of this act, it shall be the duty of the Ordinary, on the written application of one fourth of the qualified voters of any militia district in which no incorporated city or town is located, of his county, to order an election in such district, fixing the time when the same sh<:ll be Leld, and giving notice thereof for thirty days in the puulic gazette, in which Sheriff's sales of the county are published, for the purpose of determining whether any spirituous, intoxicating liquors or drinks, or any mt.dicated alcoholic bitters of which spirituous liquor is a materia! constituent part, shall be sold, bartered or furnished, directly or indirectly, in such district, which said election shall be held at the same places, and in the same manner as other eiections in SL~ch district are now held under the law; and all the qualified electors or such district shall be allowed to participate in the same. If a majority of such electors voting at such

AuGUST r6, r88r.

25 r

election shail vote "prohibition," then no spirituous, intoxicating liquor or drink, or any medicated alcoholic bitters of which spirituous liquor is a material or cunstituent part, shall be sold, bartered or furnished directly or indirectly in said district, after the expiration of such licenses as may have been issued. The managers shalt immediately declare the result, and no other election shall be held on said question, in such district, within two years after the preceding election on said question. This section shall not, in anywise or to any extent, effect any local law now of force in this State.
On the question of adopting this amendment, :vir. Guerry required the ayes and nays to be recorded.

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

Denmark, Duggar, Guerry,

Hawes .\Ic\\'h;lr1er,
\Ve~tbrook,

Winu. \Voo(] ward,
.HI!. PHESIDEXT.

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

Baggs, Bakr Barkbdale, Brown, Butt, Bvrd Carte'r, Curtis, Daniel, Fouche,
Ayes, 9

G()nnan, Hr.rris, Hackett, Hick, Jordan, .Johnson,
J(ing~
::\lallox,
~leldrim,
.;\losclt')",
Nays, 30.

Parks, Payne, Price, Bcid, Smith of the 5th, Smith of the l.~th, Smith of the 23d, Storey, Treadwell, Wilson .

So this amendment was lost.

Mr. King moved to amend the first section by adding thereto the follo\ving proviso: ''Provided said freeholders shall have been bona fide residents on their own land for d least one year prior to the time of such approval."
This amendment \\'as not agreed to.

On the question of agreeing to the report of the committee on section I, the ayes and nays were required to be recorded.
Those who voted in the affimative are, to-wit-Messrs.

jOURNAL OF THE SENATE,

Baggs, Baker, Brown, Butt,
Byrd,
Carter, Curtis, Dan:el,

Gorman, Hicks, Jordan, Johnson,
King, Parks,
Payne,

Price, Reid, Smith of the 5th, Smith of the 15th, Smith of the 23d, Storey, Wilson.

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

BarkRdale,
Denmark,
Fouche, Duggar, Guerry,
Harri~,

Hawe~.
Hackett, Mattox, McWhorter,
.1\iehlrim,

1\Ioseley, Treadwell, 'vVestbrook, Winn, Woodwartf.

Ayes, 22. Nays, r6.

So the first section was agreed to.

Section 2 was read.

Mr. Denmark moved to amend the same by striking

out all the words after the word '' aforesaid" in the first

line thereof, and inserting the following, to-wit:

That whenever as many as one-fifth of the qualified

voters of any county in this State, as shall be shown by

the number of votes cast at the last election held in said

county, shall apply in writing to the Ordinary for an elec-

tion to be held on this question, as to whether intoxicating

liquors shall be sold within any town, village or city in

said county, it shall be the duty of said Ordinary, after

giving twenty days' notice of the same by publication in

the newspaper in which the advertisements of the Sheriff

of said county are published, and posting notices ;n thn"e

of the most puhlic places in said county, to cause an elec-

tion to be held as other elections arc legally held in said

county, and the ballots cast at said election shall read

"license" or "no license." All qualified voters of said

county shall be entitled to vote at said election. If a ma-

jority of the legal votes cast at said election shall be for

license, then no further proceedings shall be taken. If a

majority of the legal votes cast at said election shall be for

''no license," then it shall not be lawful thereafter for any

authorities in any town, city or village in said county, or

AUGL"ST !6, J88r.

253

any county authority, or any other official in this State, to issue any license for the sale of any intoxicating liquors withm the limits of any town, village or city in said county.
The amendment was not agreed to. Mr. Guerry proposed to amend this section by inserting the word ''general" between the word "last" and the word "municipal" where they occur in the third line. This amendment was adopted. Section 2 was agreed to as amended. Section 3 was read. The same was amended, on motion of Mr. Winn, by inserting the following- after the word '' declared " in the third line, viz. : "And after his license that he may then hold shall have expired." Mr. Hackett moved to amend said third section by striking out the words, ''for a valuable consideration." This motion did not prevail. The thi.rd section was agreed to as amended. The fourth section was read. -
Mr. Hackett moved to amend the same by striking out ''two years" and inserting "five years" in the fourth line.
This motion did not prevail. Section 4 was agreed to. Section 5 was read.
The same was amended, on motion of Mr. Hackett, by inserting after the word "already," in the third line, the words, ''or may hereafter be."
The fifth section was agreed to as amended.
The title was amended, on motion of Mr. Parks, by inserting the word "or" between the word "spirituous" and the word ''intoxicating."
The report of the committee, as amended, was agreed to.
The bill was read the third time, and, on the question

254

JouRNAL OF THE SENATE,

<>f its passage, as amended, the ayes and nays were required to be recorded.

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

Baggs, Brown,
Butt,
Byrd, Carter,
Curtis, Daniel,

Gorman,
Hicks, Jordon,
Johnson, King, Parks,

Price,
Smith of the 5th, Smi:h of the 15th,
Smith of the 23d,
Storey, Wilson.

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

Baker, Barksdale, Denmark, Duggt.r, Fouche, -Guerry, Harris,
Ayes, 19.

Hawes, Hackett, Mattox, Me Whorter, Meldrim, Moseley, Payne,
Nays, 29.

Reid. Treadwell.
Westbrook, Wino,
Woodward, MR. PRRSIDKXT.

So the bill was lost.

Mr. Me \Vhorter, chairman of the Committee on Enrollment, submitted the following report:

.Aft. President:

The Committee on Enrollment report as duly enrolled, an9 ready for the signature of the President and Secretary -of the Senate, the following acts, to-wit:
An act to provide compensation for jurors in the County Courts in this State; also,
An act to change the time of holding the Superior Courts in the county of Montgomery; also,
An act to prohibit the sale of intoxicating liquors within three miles of Pisgah and Mount Pleasant Churches in the county of Floyd ; also,
An act to prohibit the sale of intoxicating liquors within three miles of Bethlehem and Shiloh Churches in the county of Polk ; also,
An act to authorize the Board of Commissioners of Roads and Revenues of the county of Glynn to issue bonds, not to exceed the sum of forty thousand dollars, .and for other purposes; also,

AuGuST 17, 1881.

255

An act to amend an act to fix the amount of liquor license in the counties of Wayne, Liberty, Coffee and Appling, and for other purposes.
R. L. McWHORTER, Cltairman.

Mr. Hackett, chairman of the Committee on the Peni-

tentiary, submitte~ the following:

The Senate commit~ee to whom was referred House

bill No. 595, to be entitled an act to provide for the better

inspection, management and control of the convicts of

this State, submit the following_ resolution, in which they

ask the concurrence of the Senate :



Resolved, That one hundred copies of the bill named

above, be printed for the use of the Senate before said

committee report on the same.

This resolution was taken up, read and agreed to.

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

A. M., to-morrow.

SENATE CHAMBER, ATLANTA, GA., Wednesday, August 17, 10 o'clock A. M.

The Senate met pursuant to adjournment, the President

in the chai;.
Prayer was offered by the Rev. J. vV. Heidt, D. D.,
~haplain of the Senate.

On the call of the roll, the following Senators answered

to their names, to-wit .

Baggs, Blker,
Barksdale, Brown,
Bond, Butt,
Byrd, Carter,
<::urtis, Daniel,
Denmark,
Duggar, Fouche,
Gorman,

Guerry,
Harris,
Harrell,
Hawes, Hackett, Hicks,
Jordan, Jobns)n,
King, Mattox, McWhorter,
Meldrim, Moseley,
Parlts,

Payne,
Price, Reid, Smith of the 5th, Smith of the 15th, Smith of the 23d, Storey, Suddath. Treadwell, Westbrook Wilson, Winn, Woodward,
MR. PRESIDENT.

JouRNAL OF THJ SENATE,

The Journal was read and approved.

Mr. Parks moved a reconsideration of so much of the Journal of yesterday as relates to the rejection of the bill to regulate the sale of spirituous or intoxicating liquors in the State, etc.

On this proposition, :\1r. Meldrim required the ayes and

nays to be recorded.



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

Baggs, Barksda:e, Brown, Bond, Butt, Byrd,
Carter, Curtis. Daniel, Denmark,
Duggar, Gorman,

Guerry, Hanis, Harrell, Hawes, Hackett, Hicks,
Jordan, Johnson, King.
1\'IcWborter,
llioseley, Parks,

Payne, Heid,
Smith of the 5th, Smith of the 15th,
Smith of the 23d, Storey,
Suddath, Westbrook. Wilson, Winn,
Woodward.

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

Baker, .Meldrim.

Fouche,

Mattox,

Ayes 35- Nays 4

So the motion t'o reconsider prevailed. Mr. Guerry offered the following privileged resolution, to wit:

Rtsolved, That the Hon. Rufus E. Lester, ex-President of the Senate, be cordially invited to a seat on the floor of the Senate.

On motion of Mr. Reid, the same was amended by including in its provisions, the Hon. Joel A. Billups of the county of Morgan, and agreed to as amended.

Mr. Baker offered a privileged resolution which was read and agreed to, inviting Hon. C. R. Mills of the county of Pike, to a seat on the floor of the Senate during his stay in this city.
Leave of absence was granted Mr. Butt until Tuesday next on account of sickness in his family.

At.:GUST 17, 1881.

257

Mr. Hackett submitted the following:

The Committee on Internal Improvements and Rail-

roads, to whom was referred House bill No. 727, submit

the following resolution, in which they ask the concurrence

of the Senate.

Resolved, That one hundred copies of the above bill be

printed for the use of the Senate.

On motion of Mr. Butt, the special order was discharged

for the present, and the roll was called 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. Butt-

A bill to amend section I 282 of the Revised Code or

I873, relating to superintendents of the Legislature ; and

of

election,

for

members

By Mr. Carter-

A bill to amend the Constitution of this SJate by strik-

ing from paragraph I, section I, of article'1\ sixth and

seventh lines thereof, the words, 'in instructing children

in the elementary branches of an English education only,"

and to provide for the submission of said amendment to

the people for ratification, and for other purposes.

Mr. Curtis introduced a bill to amend section I9 of the

public school laws of Georgia, which was read the first time,

and referred to the Committee on Education.

The Senate took up the special order of this day, towit:

the bill to make it a felony for any person, by persuasion

or otherwise, to attempt to mislead or influence others-

into the commission of the crime of polygamy and bigamy.

The question pending was the passage of the bill.

The bill was read the third time.

Mr. Storey called for the previous question, which was

seconded, and the main question being put, Mr. Butt re

quired the ayes and nays thereon to be recorded. I7

jOURNAL OF THE SENATE,

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

Baggs, Barksdale, Brown, Bond, Byrd, Carter, Daniel, Denmark, Duggar, Fouche, Gorman, Harris,

Harrell, Hawes, Hackett, Hicks, Juhnson, King, Mattox, McWhorter, Moseley, Parks, Payne,

Reid, Smith of the 5th, Smith of the 15th, Smith of the 23d, Storey, Suddath, Treadwell, Westbrook, Wilson, Winn,
Woodward.

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

Baker, Butt,

Guerry, Jordan,

Meldrim.

Ayes, 34- Nays, 5 So the bill was passed by a constitutional majority.

Mr. McWhorter, chairman of the Enrollment Committee, submitted the following report:

Mr. Presz'dent:

The Committee on Enrollment report as duly enrolled and ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit:

An act to amend section 4109 of the Code of 1873; also,

An act to incorporate the Planters' Banking Warehouse

and Commission Company at Camilla, in the county of

Mitchell ; also,



An act to amend an act to create a Board of Commissioners of Roads and Revenues for the county of Webster; also,

An act to exempt from jury duty all licensed pilots, to-

gether with their boat-keepers in the various ports of this

State ; also,



An act to prohibit the sale of spirituous liquors within the limits of the county of Lowndes.

R. L. McWHORTER, Chazrman.

AUGUST 17, 1881.

259

Mr. vVinn, chairman of the Committee on Corporations, made a report, which was read, on certain bills, referred to said committee.

Mr. \Voodward offered a privileged resolution inviting the Hon. C. C. Kibbe to a seat on the floor of the Senate during his stay in this city.

The same was read and agreed to.

The Senate took up and receded from its amendment to the bill of the House to prescribe the method of granting license to sell spirituous liquors in the county of Effingham, and to increase the fee for the same to five hundred dollars.

The bill of the House to amend an act entitled an act to incorporate the town of West. End, in the county of Fulton, approved October 10, 1868, and an act entitled an act to amend an act entitled an act to incorporate the town of West End, approved October 10, r868, approved February 23, 1873, especially as regards police regulations, collection of taxes, suppression of crime, etc., was read the second time and passed to a third reading.

The bill of the House to incorporate the Rome and Carrollton Railro.J.d Company was read the first time, and referred to the Committee on Corporations.

On motion of Mr. Johnson, the Secretary was directed to call the roll of the Senate for the purpose of ascertaining whether there was a quorum present.

The following Senators answered to the call of their



names:

Baker, Barksdale, Byrd, Carter, Daniel,
D~nmark,
Fouche, Gorman, Guerry, Harris,

Harrell, Hackett, Hicks, Johnson, King,
Meldrim, Moseley, Parks, Payne, Reid,

Smith of the 5th,

l:lmith of the 15th,



Suddath, Treadwell,

\Vest brook,

Wilson,

Winn,

Woodward,

MR. PRESIDENT.

260

JouRNAL OF THE SENATE,

It appeared that there were present 29 Senators, the same being more than a quorum.
The bill of the Senate to regulate the practice in carrying pauper ca5es to the Supreme Court of this State, was taken up for its third reading, but without being read, was on motion of Mr. Guerry, laid on the table for the present.
The bill of the Senate to authorize the various counties in this State, by a vote of the legal voters, determined by proper election, to levy and collect taxes for the purpose of education, and for other purposes, was taken up for a third reading, but without bei1g read, was recommitted to the Judiciary Committee.
The bill of the Senate to prohibit the sale of intoxicating liquors within one mile of a chartered college or institution of learning, was taken up for a vote upon its passage, but was on m.otion, laid on the table.
The bill of the House to prohibit the employment in retail bar-rooms of minors was taken up for a third reading~ but without being read, was on motion, laid on the table.
The Senate took up the report of the Finance Com mittee on the joint resolution from the House, authorizing the Hon. D. N. Speer, State Treasurer, to sell sixteen Baldwin county bridge bonds, to Daniel B. Sanford, Ordinary of said county.
The report, which was favorable, was agreed to.
The resolution was read the third time and concurred in by a constitutional majority, there being ayes, 27; nays, o.
The Senate took up the report of the Committee on Agriculture on the bill of the House to amend section 1455 of the Code of 1873, which provides for submitting to the lawful voters of any county, in this State, upon the petition of fifty free holders of such county, the question of fence, or no fence, hy authorizing elections to be held under said section at such time as the Ordinary shall ap-

AuGusT 17, 1881.

26I

point, and by striking out the proviso of said section, and for other purposes.
The report, which was favorable, wa3 agreed to. On motion of Mr. Guerry, further action on the bill was postponed until Friday, August Ig, after the regular order -of business for that day, the same being made the special -order for that period. The Senate took up the report of the Finance Committee on the bill of the House to provide for the payment of a bond of the State of Georgia for $1000, dated January I, 1843, and signed by Charles J. McDonald, Governor, with -coupons attached for interest at six per cent. per annum, and a bond of the said State for Ssoo, dated July I, 1852, and signed by Howell Cobb, Governor, with coupons attached for interest at six per cent. per annum to the administrator de bonis non of the estate of Noah B. Knapp, lately of the county of Chatham, deceased.
The report, which was favorable, was agreed to.

Satisfactory evidence of due legal notice of intention to .apply for the passage of this bill was submitted to the Senate.

The bill was read the third time, and on the question of its passage, the ayes and nays were ordered to be r-ecorded.

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

Baker, Barksdale, Byrd, Carter, Daniel, Denmark,
Fouche, Gorman, Guerry, Harris,

Harrell, Hawes, Hackett, Hicks, ,Jnhn'lon,
King, J\'[eldiim,
:Moseley, Parks,

Payne, Reid, Smith of the 5th, ~mith of the 15th, Suddath, Westbrook, Wino, Woodward,
MR. PRESIDENT.

Ayes, 28. Nays, o.

So the bill was passed by a constitutional majority.

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

262

JouRNAL OF THE SENATE,

Mr. President :

By virtue of a resolution of the House of Representatives, I am instructed to transmit forthwith to the Senate the following House bill, to-wit:
A bill to be entitled an act to authorize the corporation of the City of Sandersville to levy a tax for the purpose of establishing and maintaining public schools in said city, and for other purposes.
The Senate took up the report of the Judiciary Committee on the bill of the House to amend section 3648 of the Revised Code of I 873, which provides for the summary sale of perishable personalty levied on, requiring notice to be given in every case where application is made for an order to sell personal property in a summary manner.
Said corrmittee reported in fa\or of its passage, \\'ith the following amendments, to-wit :
Amend section I by striking out the word ''and" in the seventeenth line, between the words ''perfected" and ''the," and inserting in lieu thereof the word "or."
Amend further by striking out section 2, and by changing the number of the section 3 to section 2.
The amendments were adopted. The report of the Committee was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 27; nays, o. The Senate took up the report of the Committee on the Judiciary on the bill of the House to prohibit the sale of furnishing of spirituous, malt or other intoxicating liquors in the county of Dooly, and providing punishment for the same. Said committee recommended the passage of the bill, with the following amendment, to-wit:
Prom"ded, That this act shall not take effect until a majority of the legal voters of said county, voting at an elec-

AuGUST 17, 1881.
tion to be held for the purpose, shall decide in favor of such prohibitions. The election shall be held within sixty days from the date of the passage of this act, upon thirty day's notice by the Ordinary of said county, and shall be held under the rules and regulation~ provided by law for election for .members of the General Assembly, and the returns shall be made to th~ Ordinary, who shall declare the result.
The amendment was adopted. The report was agreed to. Satisfactory proof of due legal notice of intention to apply for the passage of this bill was submitted to the Senate. The bill wa~ read the third time and passed, as amended, by a constitutional majority, there being ayes, 26; nays, o.
The Senate took up the report of the Judiciary Committee on the bill of the House to provide for the compensation of the Ordinaq, Sheriff and Clerk of the Superior Court of Lincoln county.
Said committee reported favorably. The report was agreed to. Satisfactory evidence was submitted to the Senate that due legal notice of intention to apply for the passage of this hili had been given. The bill was read the third time and passed by a constitutional majority, there being ayes, 28; nays, o. The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the Savannah Storage Company ; to authorize said company to receive deposits of money, valuables, or any kind .of personalty whatever; to loan money; to do a general banking business, and for other purposes. Satisfactory evidence that due legal notice of intention to apply for the passage of this bill had been given was submitted to the Senate. The Committee on Corporations recommended its passage with the following amendments, to-wit:

jOURNAL OF THE SENATE,
Strike out section 9 and insut in lieu thereof the following: "The company shall be responsible to its creditors to the full extent of its property and assets, and each stockholder shall be individually liable for the debts of the .company created while he is a member, to the full amount of the stock owned or subscribed for by him, at the time .the debt was created ; provided, this individual liability shall only apply to debts created by said corporation in its banking operations."
The amendment was adopted.
The report was agreed to.
The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 26 ; nays, o.
The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the Savannah Fire and Marine Insurance Company.
Satisfactory evidence was submitted to the Senate that due legal notice of intention to apply for the passage of this bill had been given.
The Committee on Corporations reported in favor of the passage of the bill with the following amendment, towit:
Amend by striking out the word ''bank" in the last line but one of section 5, and inserting in lieu thereof the word 1 1 board."
The amendment was adopted.
The report was agreed to. The bill was read the third time, and passed, as amended, by a constitutional majority, there bdng ayes, 29 ; nays, o.
The hour of adjournment having arrived, the President declared the Senate to be adjourned until 10 o'clock A. M., to-morrow.

AUGUST 18, 1881.

SENATE CHAMBER, ATLANTA, GA., Thur!"day, August 18, 1881, 10 o'clock A. M.

The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Rev. J. \V. Heidt, D. D.,
Chaplain of the Senate.
On the call of the roll, the following Senators answered to their names, to-wit:

Baggs, Baker,
Barksdale, Brown, 'Bond, Byrd, Carter,
Curtis, Daniel,
Denmark,
Duggar,
Fouche, Gol'man,
Guerry,

Harris,
Harrell, Hawes, Hackett, Hicks,
Jordan, Johnson, King, l\Ic Daniel,
:Mattox,
ftlcWhorter, Meldrim,
l\1oseley,
Park!l,

Payne, Price, Reid, Smith of the 5th, ~mith of the 15th, Smith of the 23d, Storey, Suddath, Treadwell, Westbrook, wilson,
Woodward, Winn,
MR. PRESIDENT.

The Jnurnal was read and approved.

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

Mr. Ptest'detzt:

The House of Representatives has passed the following bill, to wit:
A bill amending an act entitled an act incorporating the National Mercantile As::;urance Company.
The House of Representatives has also agreed to a reso lution of the Stnate, appointing a committee of two from the Senate and three from the House to take into consideration the terms of the convention of Beaufort as to the line, between Georgia and South Carolina, and repor what action, if any, should be taken to induce a compliance on the part of Georgia with the terms of her treaty in this behalf, and has appointed as said committee on the

266

JouRNAL oF THE SENATE,

part of the House, Messrs. Mathews, Mays of Richmond and Strother.
The Senate took up the special order for this day, to-wit: The majority and minority reports of the joint committee appointed to consider and report upon the propriety of the acceptance by the State Treasurer, of certain bonds of the United States drawing interest at three and a half per centum per annum, as payment of the balance due on the purchase of the :\1acon and Brunswick Rai:road.
The majority report is ,;pread in full on the Senate Journal for the 10th instant.
The following is a copy of the minority report:
Jl-fr. President:
As a member of the joint committee appointed to consider the tender by the purchasers of the :\1acon and Brunswick Railro:td, of certain United States three and a half per cent bonds in payment of the balance due the State, I am forced to dissent from the opinion of said committee, which is adverse to the acceptance of said bonds, and to advise that the General Assembly do authorize the Treasurer to accept the same in payment of the said debt
These bonds having been tendered by the purchasers to the Treasurer, or more properly, the purchaser'> having expressed their willingness and readiness to tender the same to him, he asks the advice of the General Assembly and the question is: Shall the General Assembly ::~dvise the Treasurer to accept these bonds? In order to answer this question intelligently, reference must be had to t~e act authorizing the sale of the road. By reference thereto, we find that the road may besolclfor$I,I2S,OOO, in the recognized bonds of the State of Georgia, anct ,we further find by reference to the amendatory act on page I 2 I of the acts of 1878 and r879, section 3, that payments may "be made in United States reg-istered bonds," at any ti111e and in any amount, provided they do not fall short of requirements of the act.

AUGUST 18, I88I.

The purchasers desire to pay the- balance due, and the

question now is: Are the bonds tendered registered bonds of

the United States? In order to answer this question, I

have taken the opinions of the best financiers in this coun-

try. Secretary vVindom calls them registered bonds.

Senator Joseph E. Brown, President \Vestern and Atlantic

Railroad; Messrs. Campbell Wallace, and J. H. Proter,

President and Cashier, respectively, of the Merchants Bank,

Atlanta; L. J. Hill and Edward J. McCandle 'S, President

and Cashier, respectively, of the Gate City National Bank;

and P. Romare, Cashier of the Atlanta National Bank,

certify to the fact that these are registered United States

bonds. This testimony is of the highe.'t character, from

disinterested experts, and is to my mind conclusive that

the bonds tendered are registered United States bonds. In

my opinion this tender is in accordance with the act, and

the Treasurer is bound to accept them.

I further advise the acceptance of these bonds, because

in my opinion, it will be to the best financial interest of

the State so to do.

(Signed,)

P. W. MELDRIM.

Mr. .Meldrim moved that the minority report be adopted as a substitute for the majority report, the minority being in favor and the latter against the acceptance of the bonds in question.
On the question of adopting the minority report, Mr. Meldrim required the ayes <1nd nays to be recorded.

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

Those who v;>ted in the negative are, to-wit-Messrs.

Bagg~,
Baker, Barksdale, Brown, Bond, Byrd, Carter, Curtis,

Harris, Harrell, Hawes, Hackett, Hicks,
.rmd~>n,
Johnson,
McDaniel,

Price, Smith of the 5th, Smith of the 15th, Smith of the 23d, Sudc.latL, Storey, Treadwell, Westbrook,

268

JouRNAL OF THE SENATE,

Denmark, Duggar, Fouche, Gorman, Guerry,

Mattox, McWhorter, Moseley, Parks, Payne,

Wilson, Winn. \Voodward,
l\'1&. PRESIDENT.

Ayes, 1. Nays, 38.

So the minority report was not adopted. The question recurring upon the proposition to adopt the majority report, the same was submitted to the Senate and prevailed.

Mr. Duggar offered the following privileged resolution, which was read and agreed to :

Resolved, That Hon. Robert Bruce, ex-representative, and Hon. Mr. Fain, both of Cherokee county, N. C., be invited to seats on the floor of the Senate during their stay in this city.

The President submitted to the Senate the following .communication:

HALL OF YouNG MEN's LIBRARY AssociATION, ATLANTA, August 18, 1881.
Ho1z. J. S. Boyll!01z, President of tlze Smale:
DEAR SIR-Please extend to the members of the Senate an invitation to be present at DeGive's Opera House, on to-morrow, Friday evening, to attend the anniversary exercises of the Young Men's Library Association.
With much respect, I beg to be, very truly,
H. C. GLENN, Chairman Com .
The hour of adjournment having arrived, the President
<leclared the Senate adjourned until Io o'clock A. M., to-
morrow.

SENATE CHAMBER, ATLANTA, GA., Friday, August 19, 1881, 10 o'clock A. M. The Senate met, pursuant to adjournment, the Presi<lent in the chair.

AuGUST 19, 1881.

Prayer was offered by the Rev. Mr. Clarke, Representative from the county of Wayne.
On the call of the roll, the following Senators answered to their names, to-wit:

Baggs, Baker,
Barksdale,
Brown,
Bnd, Byrd, Curtis, Daniel, Denmark, Duggar,
Fouche, Gorman, Guerry,
Harris,

Harrell, Hawes, Hact.ett, Hicks, Jordan, Johnson,
1\IcDaniel,
::1-lattox,
~IcWhorter,
l\Ieldrim. Moseley; Neal, Parks, Payne,

Price, Reid, Smith of the 5th, Smith of the 15th, ~mitb of the 23d,
Storey, Suddath, Treadwell,
Westbrook, Wilson, Winn, Woodward,
MR. PRBSIOENT.

The Journal was read and approved.
Leave of absence was granted Messrs. King, Carter, Woodward and Bmwn.
Mr. McDaniel, chairman of the Judiciary Committee; Mr. Price, chairman pro tem. of the Committee on Internal Improvement and Railroads; Mr. Fouche, chairman of the Committee on Finance ; and Mr. Byrd, chairman of the Committee on Agriculture, made reports from their respective committees in relation to bills referreri thereto.
The President submitted to the Senate a communication from Mr. E. C. Grier, secretary of the Georgia State Agricultural Society, relating to certain resolutions agreed to by that soc1ety concerning experimental farms and the fence question.

The resolutions were read and referred to the Committee on Agriculture.

The bill of the House returned to the Senate in compliance with a resolution to this effect, in order that it might be amended, was taken up, to-wit:

A bill to prohibit the buying, selling, delivering or receiving of any farm products therein specified, between the hours of sunset and sunrise in the county of Bibb, and

JouRNAL oF THE SENATE,
to prescribe the punishment therefor, and for other purposes.
The same was laid on the table for the present.
The bill of the House returned from the Governor to that body, in compliance with a resolution of the General Assembly, and by the House to the Senate, which bill authorizes the corporation of Sandersville to levy a tax for establishing and maintaing public schools in said city, was taken up,and on motion ordered to lay on the table for the present.
The Senate took up the special order, to-wit:
A biJI to amend section 1455 of the Code of Georgia, which provides for submitting the question of fence or no fence to the voters of each county, etc.
The same was discharged, on motion of Mr. Byrd, and recommitted to the Committee on Agriculture.
Mr. Harris introduced a resolution in regard to the aJlowance of mileage to members of the General Assembly for the present adjourned session, which was read the first time, and referred to the Committee on Finance.
Under the caJI of the roll for new matter, the following bills were introduced, read the first time, and referred to the Committee on Education, to-wit:
By Mr. Byrd-
A bill to repeal sections 1201 and 1202 of the Code of 1873, in relation to the appointment of a special Board of Visitors to attend to and report upon the examinations of the University of Georgia.
By Mr. CurtisA bill to regulatethe manner of paying out the public school money to the teachers of public schools; and
By Mr. WinnA bill to provide for applying the net proceeds arising fr9m the hire of convicts to the common school fund of

AUGUST 19, 1881.

271

this State, and to regulate the apportionment of the same, and for other purposes.
The following bills were introduced, read the first time, and referred to the Committee on the Judiciary, to-wit:

By Mr. Guerry-

A bill to amend the Jaw as to mechanics' liens on perpersonalty as now provided in section 1981 of the Code

1873; and

A bill to make the special liens of laborers equal, in point of rank, to special liens of landlords, and to amend section 1975 of the Code of 1873 for that purpose.

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

1W'r. P1esz'dent :



The House of Representatives has passed the following

bills, to-wit:

A bill to authorize the Governor to draw his warrant on the Treasury for the payment of Henry P. Hammett, an excess of $26 82 received on the sale of his wild lands;

also, A bill amending the aL'f, approved February 22, 1876,
requiring the payment of moneys arising from fines and forfeitures into the county treasury, and regulating the disbursement of the same; also,

A bill to authorize the commissioners for the county of Mitchell to levy a tax to. meet the current expenses of said county for the years r88r a1 d 1882, not to exceed fifty per cent. on the State tax; also,

A bill to incorporate the City Bank of Augusta, and for other purposes ; also,

A bill to be entitled an act to submit to the voters of Randolph county the question of granting license to retail spirituous and malt liquors in said county for two years

ensuing the election, and biennally thereafter to submit said question ; also,

272

} OUI<NAL OF THE SENATE,

A bill altering and amending section 4549 of the Code of 1873, which prohibits the sale of tickets in lotteries and gift enterprises, so as to more effectually prohibit and prevent the sale of tickets, combinations, numbers or devices, indicating the distribution of prizes or chances in any lottery, gift enterprise or other similar scheme or device, and to prescribe suitable penalties, and to repeal section 4548, Code of 1873; also,
A bill to prohibit the sale of alcoholic, spirituous or malt liquorS: or intoxicating b!tters in the county of Houston.
TA.e House of Representatives ha~ also concurred in the Senate's amendments to the following House bills, towit:
A bill to amend sectio8 3648 of the Revised Code of 1873, which provides for the summary sale of perishable personalty, and for other purp:>ses; also,
A bill providing for the compensation of the Ordinary, Sheriff and Clerk of the Superior Court of Lincoln county; also,
A bill to be entitled an act to prohibit the sale or furnishing of spirituous, malt or ot<her intoxicating liquors in the county of Dooly; als.o,
A bill incorporating the Savannah Fire and Marine Insurance Company.
The House has also concurred in the Senate's amendment to the House resolution authorizing Hon. D. N. Speer, State Treasurer, to sell to Daniel B. Sanford, Ordinary of said county, sixteen Baldwin county bridge bonds.
The President appointed as the committee, by virtue of a joint resolution in relation to the articles of agreement between the commissioners of the States of Georgia and South Carolina, concerning the boundary line between said States, Messrs. Moseley and Mattox.

273
The bill of the Senate to amend the Constitution of this Stat~ by striking from paragraph I, section 1 of article 6 (sixth and seventh lines thereof) the words '' in instructing childn:n in the elementary branches of an English education only, and to provide for submission of said .amendment to the people for ratification, and for other purposes, was taken up for a second reading under adverse report of the Judiciary Committee and laid on the table for the present.
The Senate bill to authorize the various counties in this State, by a vote of the legal voters, determined by proper election, to levy and collect taxes for the purpose of education, and for other purposes, was read a second time, and on motion of Mr. Price, was made the special order for Friday, the 26th instant, after the reading of the Journal.
The bill of the Senate to provide an additional mode for the enforcement of liens of mechanics, contractors, material men, and persons furnishing material, and machinists and manufacturers, specified in section 1979 of the Revised Code of 1873, was read the second time and passed to a third reading.
The bill of the House to refund to the purchasers, or those holding under them, moneys received by the State of Georgia for lot of land No. 124, in the fifth district of the third section of originally Cherokee, now Bartow county, sold at judicial sale as a fraudulent draw, was read the second time and passed to a third reading.
Leave of absence was granted Mr. Denmark for Mon day, Tuesday and Wednesday next.
The bill of the House to amend an act, approved March 2, I875, relating to the county of Butts, so as to make the same apply to the 2 I7th, 2I8th and 22oth militia districts of the county of Clarke, was taken up for a third
18

274

JOURNAL OF THE SENATE,

reading, but without being read, was on motion of Mr. McDaniel, laid on the table for the present.
The Senate took up the report of the Judiciary Committee on the bill of the House 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, so as to allow brothers and sisters of !he half blood on the maternal side to inherit equally with the whole blood.
The Judiciary ~ommittee reported in favor of its passage with the follo\\"ing amendment;; to-wit:
Amend the title by striking out the word "maternal" !n tenth line, and i~serting in lieu thereof ''paternal."
Mr. McDaniel proposed to amend the report as follows, to-wit:
Amend title by adding thereto the words, '' where there is no brother or sister of the whole blood."
And amend section r by inserting after the word "amended," in second line on second page, by striking out the second sentence in said paragraph of thE" Code, to-wit: ~ The half blood on the paternal side inherit equally with the whole blood."
Amend section 2 further by inserting after the word " blood," in the tenth line. of second page, " where there is no brother or sister of the whole blood."
The proposition to amend the report was agreed to.
The report, as amended, was agreed to. The bill was read the third time and passed, as amended by a constitutional majority, there being ayes, 30 ; nays, o
The Senate took up the report of the Committee on the Judiciary on the bill of the Senate to provide for the trial of causes in Justices' Courts when the Justice of the Peace or Notary Public, who is ex offido a Trial Justice, shall be disqualified, sick, or for other cause absent from the court.

AUGUST Ig, 1881.

27 5

The majority reported in favor of the passage of the bill ; the minority of said committee reported adversely to the same.
Mr. Guerry moved to amend the majority report, to-wit:
Add the following proviso to section I : ''Provided, no ase shall so be tried under this act, except by consent of the parties."
This amendment was lost, The report was agreed to. The bill was read the third time and passed by a con~titutional majority, there being ayes, 27; nays, o. The Senate took up the report of the Judiciary Committee on the bill of the House to repeal the second sec_ tion of an act to repeal an act approved February 27, 1877, entitled an act to repeal an act entitled an act to create a county Court in each county of this State, except certain counties therein named, approved January 19, 1872, so far as the same applies to the county of Dodge, and to abolish the County Court of Dodge county.
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, there being ayes, 37; nays, o.
Mr. Baker offered a privileged resolution inviting Hon. S. R. Cook to a seat in the Senate during his stay in this city.
Toe same was read and agreed to.
The Senate, on motion of Mr. Johnson, took up thereport of the Committee on Education on the bill of the Senate to declar~ county officers ineligible to hold the office of County School Commissioner.
On motion of Mr. Duggar the report was so amended as to exclude from the operation of this act the counties of Gilmer, Fannin and Pickens.

} OURNAL OF THE SENATE,

The report, as amended, was agreed to.

On motion of Mr. McDaniel, the bill was recommitted

to the Committee on Education.

The Senate took up the report of the Committee on

Corporations on the bill of the House to incorporate the

Cleveland and Lula Railroad Company-the road to be

constructed from some point at or near the junction of the

Northeastern Railroad with the Air Line, in Hall county-

the most convenient and practicable route to Cleveland, in

the county of 'White, and to grant to it certain privilegest

and for other purposes.



The committee recommended the passa~ e of the bill

with the following amendments, to-wit:

1. Amend by striking the words, "in any court of law or equity in this State," which words occur in the sixteenth and seventeenth lines of the first section of this act.

2. Amend by adding after the word ''sale" and before the word "and," in the last line but three of section 2, the words, "or lease."
The amendments were adopted. The report was agreed to.

The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 32; nays, o.
Satisfactory proof was submitted to the Senate that legal notice had been given of the intention to apply for the passage of this bill.
The Senate took up th~ report of the Committee on Corporations on the bill of the House to change the several acts incorporating the town of Conyers, Ga., to that of a city corporation, with Mayor and Aldermen with certain powers therein enumerated, 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, 33 ; nays, o. Satisfactory evidence that legal notice had been given of

AUGUST Ig, I88r.

277

intention to apply for the pa!>sage of this bill was submitted to the Senate.
The Senate took up the report of the Committee on .Corporations on the bill of the Hous~ to incorporate the Merchants' and Planters' Steamboat Company, and for -other purposes.
The committee recommended the passage of the bill with the following amendments, to-wit:
Amend by striking out all nf section 4 that occurs after the word " business" in the seventh line thereof, and in-serting in lieu thereof, the following : "The company shall be respon!>ible to its creditors to the full extent of all its property and assets, and each stockholder shall be individually liable for the debts created while he is a stockholder, to the full amount of the stock owned or subscribed for by him at the time the debt was created.
The amendment was agreed to. The report was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 32; nays, o.
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 Senate took .up the report of the Committee on Corporations on the bill of the House to amend the acts approved October 10, 1868, and February 23, 1873, incorporating the town of \Vest End, Fulton county, especially as regards police regulations, collection of taxes, and suppression of crime, etc.
Said committee reported in favor of the passage of the bill with the following amendments, to-wit:
I. Amend by striking from the eighteenth and nine. teenth lines of .section 2 the words, '' from the date thereof."
2. Amend by striking from the end of section 2 the

278

JOURNAL OF THE SENATE,

words, '' provided the defendant was in possession at the time of levy and sale."
3 Amend section 4 by striking the 'Nord " regulate" in the ninth line thereof, and inserting in lieu .thereof the word '' register."
The amendments were adopted.
The report was agreed to.
The bill was read the third time, as amended, and passed by a constitutional majority, there being ayes, 35; nays, o.
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 bill of the Senate to incorporate railroad compa-
nies in this State, and to prescribe the rights, powers, duties and liabilities of the ::arne, was taken up, and on motion of Mr. 1\IcDaniel, made the special order for Monday, August 29, 1881, at 10 o'clock 30 minutes.
Under a suspension of the rules, Mr. Payne introduced a bill to repeal the last clause of section 441 of the Code of 1873, and to amend said section in so far as the same declares eligible and qualified for the office of Justice of the Peace.
The same was read the first time, and referred to the Committee on the Judiciary.
The following bills of the House were read the first time, and referred to the Committee on the Judiciary, to-wit:
A bill to amend an act to require the payment of moneys aJising from fines and forfeitures into the county treasury, and regulate the disbursement of the same, approved February 22, 1876.
A bill to submit to the voters of Randolph county the question of granting license to retail spirituous and malt liquors in said county, for two years ensuing the election, and biennially thereafter to resubmit said question.

AUGUST 20, I 88 I.

279

A bill to alter and amend section 4549 of the Code of 1873, in relation to the prohibition of lottery tickets, etc.; and
A bill to. prohibit the sale of alcoholic, spirituous or malt liquors, or intoxicating bitters in the county of Houston, and for other purposes therein named.
The following bills of the House were read the first time and referred to the Committee on Finance, to-wif:
A bill to authorize the Governor to draw his warrant on the Treasurer for the payment of Henry I'. Hammett of excess of $26 87 received on the sale of his wild lands; and
A bill to authorize the Board of County Commissioners for the county of :Vlitchell to levy a tax to meet the current expenses of said county for the years 1881 and 1882, not to exceed fifty per cent. on the State tax.
The bill of the House to amend an act to incorporate the National Mercantile Assurance Company was read the first time, and referred to the Commtttee on Corporations.
The bill of the House to incorporate the City Bank of Augusta and for other purposes was read the first time, and referr.ed to the Committee on Banks.
The Senate having disposed of all the business on the desk of the Secretary, adjourned, on motion until IO o'clock A. M., to-morrow.

SENATE CHAMBER, ATLANTA, GA., Saturday, August 20, 188 I, IO o'clock A. ~!...
The Senate met pursuant to adjournment, the President in the chair.
Prayer by Rev. John J. Robinson, D. D.
On the call of ~he roll, the following Senators answered to their names, to-wit:

280

JouRNAL OF THE SENATE,

Baker, Barksdale, Bond, Byrd, Curtis, Dani<.>l, Duggar, Fouche,
Guerry, Barris, Harrell,

Hawes, Hackett, Hicks, J obnson, McDaniel, Mattox, Meldrim, Moseley, Neal, Payne, Price,

Smith of the 5th, Smith of the 15th, Smith of the 2Sd, Storey,
~uddath,
Treadwell, Westbrook, Wilson, Winn,
MR. PRESIDKNT.

The Journal was read and approved.

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

l!tfr. President :
The House of Representatives has passed the following bills, to-wit:
A bill to provide punishment of persons who, as the ser vant or agent of another, keep, employ, use, preside at, or deal at any gambling table and for other purposes; also,
A bill amending section 1950 of the Code of 1873; also, A bill making it a misdemeanor for any person to set fire to the woods of another in the county of Clinch, and ior other purposes; also,
A bill to change the time for revising the jury boxes in this State; also,
A bill to amend 4565 of the Code, and for other purposes ; also,
A bill fixing the license fee for the sale of spirituous liquors in the county of Clinch, and for other purposes; also,
A bill prohibiting the sale of spirituous liquors in the town of Stockton, Clinch county.
Mr. McDaniel, chairman of the Judiciary Committee; Mr. Fouche, chairman of the Committee on Finance; and Mr. Byrd, chairman of the Committee on Agriculture, made reports from their respective committees on bills referred thereto.

AuGUST 20, t88x.

281

Leave of absence was granted Messrs. Park, Baggs,

McWhorter, Gorman and McDaniel.

of The bill of the Senate to make the special liens labor-

ers equal, in point of rank, to special liens of landlords, and

to amend section 1975 of the Code of 1873, for that pur-

pose, was taken up for a second reading under adverse re-

port of the Judiciary Committee, and on motion of Mr.

Guerry was laid on the table for the present.

.

The bill of the Senate to punish stealing a bale or more

-of cotton and for other purposes, was read the second time

and passed to a third reading.

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

A bill to provide. for the compensation of certain Tax Collectors and Receivers of Tax Returns for services performed during the year 188o.

A bill to submit to the voters of Randolph county the question of granting license to retail spirituous and malt liquors in said county, etc.

A bill to prohibit the sale of alcoholic, spirituous or malt liquors, or intoxicating bitters, in the couQty of Houston, and for other purposes therein named ; and

A bill to alter and ameFld section 4549 of the Code of 1873, in relation to the sale of lottery tickets.
The following bills of the House were read the first time, and referred to the Committee on the Judiciary, towit:
A bill to amend section 1950 of the Code of 1873, whiCh enumerates the obligations required to be in writing, to bind the promises, by adding thereto acceptance of bills of exchange.
A bill fixing the license fee for the sale of spirituous liquors in the county of Clinch at $I ,500, and for other purposes.

282

JoURNAL OF THE SENATE,

A bill to change the time for revising the jury boxes in this State.
A bill to provide for the punishment of persons who, as the servant or agent of another, keep, employ, use, preside at, or deal at any gambling table, and for other purposes.
A bill to amend section 4565 oi the Code so as to include those counties where the authority to grant liquor license is vested by law in County Commissioners; and
A bill to prohibit the sale of spirituous, intoxicating or malt liquors in the town of Stockton, Clinch county.
The bill of the House to make it a misde:neanor for any person to set fire to the woods of another in the county of Clinch, etc., was read the first time, and referred to the Committee on Agriculture.
The Senate took up the report of the Committee on the Judiciary on the bill of the Senate to provide an additional mode for the enforcement of liens of mechanics, contractors, material men, and persons furnishing material, and machinists and manufacturers specified in section 1979 of the Revised Code of I 87 3
The committee recommended the passage of the bill with the following amendment, to-wit:
Amend section I by adding the following thereto : "And the defendant may contest the amount or justice of the claim, or the existence of such lien, in the manner provided in said last named section of the Code."
The amendment was adopted.
The report was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 24; nays, o.
The Senate took up the report of the Committee on Agriculture on the bill of the House to amend section 145 5 of the Code of Georgia of I 873, which provides for submitting to the lawful voters of any county in this State, upon the petition of fifty freeholders of such county, the .

AuGUST 20, 1881.

question of "fence" or "no fence," by authorizing elec tions to be held, under said section, at such time as the Ordinary shall appoint, and by striking out the proviso of said section, and for other purposes.

The report, which was favorable, 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 the report of the Finance Committee on the bill of the House, to refund to the purchasers, or those holding under them, money received by the State of Georgia for lot of land No. 124, in the fifth district of the third section of the originally Cherokee, now Bartow county, sold at judicial sale as a fraudulent draw.
Satisfactory evidence was submitted to the Senati! that legal notice of intention to apply for the passage of this bill had been given.
The report was agreed to.
The bill was read the third time, and on the question of its passage, the ayes and nays were required to be recorded.

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

Baker, Barksdale, Bond, Byrd, Curtis,
Daniel, Duggar, Fouche, Guerry,
Harris,

Harrell, Hawes,
Hackett Hicks, ' McDaniel,
:\Iattox, .Meldrim,
:\Ioscley, Neal, Payne,

Price, Smith of the 5th,
Smith of the 15th, Smith of the 23d,
Storey,
Suddath, Treadwell, Westbrook. Wilson.

Ayes, 29. Nays, o.

So the bill was passed by a con::.titutional majority.

The Senate having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock A. M., Monday.

JOURNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA., Monday, August 22, 1881, 10 o'clock A: M.

The Senate met pursuant to adjournment, the President in the chair.
Prayer was offc:red by the Rev. J. W. Heidt, D. D. Chaplain of the Senate:

On the call of the roll, the following Senators answered to their nc.~mes, to-wit :

Baker, Barks,fale, Bond, Byrd, Curtis, Daniel, Duggar,
Fouche, -Guerry, Harris, Har.rell,

Hawes,
Hackett,
Hicks, Johnson,
Mattox, l t c Whorter,
Meldrim, l1oseley, Neal,
Parks,
Payne,

Price, Reid, Smith of the 5th, Smith of the 15th,
Smith of the 23d, Storey, Suddath, West brook, Wilson,
Winn,
MR. PRESIDENT.

The Journal was read and approved.

Mr. Fouche, chairman of the Committee on Finance, and Mr. Price, chairman pro tem. of the Committee on the Judiciary, made reports from their respective committees, on bills referred thereto.

Leave of absence was granted Messrs. Treadwell and Johnson for a few days.

Mr. Storey, chairman pl'o tem. of the Enrolling Committee, submitted the following report:

Mr. Presidml:

The Committee on Enrollment report as duly enrolled, and ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit:
An act to incorporate the Savannah Fire and Marine Insurance Company, also,
An act to incorporate the Savannah Storage Company; also,

AUGUST 22, I88r.
An act to amend section 3648 of the Code of 1873; also,
An act to provide compensation for certain officers of the county of Lincoln; also,
An act to provide for the payment of certain bonds to the estate of Noah B. Knapp, of the county of Chatham; also,
An act to prohibit the sale of intoxicating liquors in the county of Dooly; also,
An act to prescribe the method of granting liquor license the county of Effingham ; also,
An act to repeal an act entitled an act to fix the place for Sheriff's sales in the county of Baldwin; also, the following resolution:
A resolution authorizing the Honorable D. N. Speer, State Treasurer, to sell sixteen Baldwin county bridge bauds to Daniel B. Sanford, Ordinary of said county.
R. L. STOREY, Chairman pro. ton.
The bill of the Senate to repeal the last clause of section 441 of the Code of 1873, and to amend said section in so far as the same declares eligible and qualified for the office of the ] ustice of the Peace, was read the second time and passed 'to a third reading.
The bill of the Senate to regulate the rate of interest in this State was withdrawn by the mover, Mr. Wilson, with the consent of the Senate.
The following bills of the House were read the second time and passed to a third reading, to-wit:
A bill to authorize the Governor to draw his warrant on the Treasury for the payment of Henry P. Hammett, of excess of $26 87, received on the sale of his wild lands.
A bill to prohibit the sale of spirituous, intoxicating or malt liquors in the town of Stockton, Clinch county.
A bill to authorize the Board of County Commis5'ioners for the county of Mitchell to levy a tax to meet the cur-

286

JOURNAL OF THE SENATE,

rent expenses of said county for the years I88 I and I882,
not to exceed so per cent. on the State tax.
A bill to amend section 1950 of the Code of I873, which enumerates the obligations required to be in writing to bind the promises, by adding thereto acceptances of bills of exchange ; and
A bill fixing the license fee for the sale of spirituous, intoxicating and malt liquors in the county of Clinch at
$ 1, soo, and for other purposes.
The bill of the House to require railroad companies of this State to return their property for taxation by the counties of this State; to prescribe the mode of making such returns, and for other purposes connected therewith, was read the ~econd time.
On motion of Mr. Hackett, it was ordered that one hundred copies of this bill, and substitutes reported therefor by the Committee on Finance, be ordered to be printed for the use of the Senate, and that the same be made the special order for Tuesday, August 30 instant.
Leave of absence was granted Messrs. Bond and Harrell for a few days.
The Senate took up the report of the Judiciary Committee on the bill of the House to prohibit the sale of alcoholic, spirituous or malt liquors, or intoxicating bitters in the county of Houston, and for other purposes therein named.
Satisfactory evidence was submitted to the Senate that due legal notice of intention to apply for the passage of this bill had been given.
The report, being favorable, was ag1eed to. The bill was read the third time, and passed by a constitutional majority, there being ayes, 25; nays, o. The Senate took up the report of the Judiciary Committee on the bill of the House to alter and amend section 4549, Code of 1873, which prohibits the sale of tickets in

AUGUST 22, I88I.

lotteries and gift enterprises, so as to more effectual~y prohibit and prevent the sale of tickets, combinations, numbers or devices, indicating the distribution of prizes, or chances in any lottery, gift enterprise, or other similar scheme or device, and to prescribe suitable penalties, and to repeal section 4548, Code of 1863, which prohibits the sale of lottery tickets.
The report, which was favorable, was agreed to. The bill was read the third time, and passed by a constitutional majority, there being ayes, 23; nays, o. The Senate took up the report of th,~ Finance Committee on the bill of the House to provide for the compensation of certain Tax Collectors and Receivers of Tax Returns, for services rendered during the year 188o. The committee recommended the passage of the same, with the following amendment, t<;>-wit:
Amend first section by adding thereto the following words: " Provided, that the State shall pay to said officers such sums, only as may be ascertained to be due to them on account of Stcrte taxes, and shall not pay to said officers any sums that may be due to them for, or on account of county taxes."

The amendment was adopted.

The report was agreed to.

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

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

Baker, Barksdale, Bond, Byrd, Curtis, Daniel, Duggar, Fouche, .Queny,
Barris, Harrell,

Hawes, Hackett, Hicks, Mattox, McWhorter, Meldrim; Moseley, Neal, Park11,
Payne,

Price, Rt-id, Smith of the 5th, Smith of the 15th, Smith of the 23d, Storey, Westbrook, Wilson, Winn,
1\lR. PRESIDENT.

Ayes, 31. Nays, o.

288

jOURNAL OF THE SENATE,

So tQe bill was passed, as amended, by a constitutional majority.
The bill of the House to submit to the voters of Randolph county the question of granting license to retail spirituous and malt liquors in said county, etc., was taken up for a third reading, but without being read, was laid on the table for the present.
The Senate took up the report of the Judiciary Committee on the bill of the Senate to punish the stealing of a bale or more of cotton, and for other purposes.
Said committee recommended its passage, with an amend ment changing the word "filtee,n" for "five" in the last line of se::tion I.
The amendment was adopted.
The report was agreed to. The bill was read the third time and passed, as amended~ by a constitutional majority, there being ayes, 24 ; nays, o.
The Senate having disposed of all the business on the desk of the Secretary, adjourned, on motion, until IO o'clock A. M., to-morrow.

SENATE CHAMBER, ATLANTA, GA., Tuesday, August 23, 1881, 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, D. D.,
Chaplain of the Senate.

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

Baker, Barksdale,
Brown, Butt, Byrd, Curtis, Daniel,

Hackett, Hicks, Jordan, King, Mattox,
McWhorter,
Meldrim,

Reid, Smith of the 5th, Smith of the 15th,
Smith of the 28rd, Storey,
Suddath,
Treadwell,

AUGUST 23, 1881.

Duggar, Fouche, Guerry, Harris,
Hawes,

1\loseley, Neal, Parks,
P~tyne,
Price,

Westbrook. Wilson, Winn,
MR. PRBSIDENT.

The Journal was read and approved.

On motion of Mr. \Vinn, so much of the Journal of yesterday was reconsidered as relates to the passage of a bill of the Hou~e to prohibit the sale of lottery tickets in this State, etc.
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, towit:
A bill to be entitled an act to authorize the sale of certain lots and fractional lots of land in this State, heretofore reserved and set apart for educational purposes, and to ap ply the proceeds as herein provided; also,
A bill to be entitled an act, amending the act of August I 5, 1879, authorizing the is'iue of interest bearing bonds by the Mayor and Council of the City of Macon, and for other purposes therein mentioned ; also,
A bill providing for but one grand jury to serve for each term of Hall Superior Court without reference to the number of weeks such term may continue; also,
A bill to be entitled an act to alter and amend the several laws incorporating the City of Milledgeville in reference to the election of a marshal and deputy marshal thereof; also,
A bill to be entitled an act to incorporate the Red Line Steamboat Company, and for other purposes; also,
A bill to be entitled an act to alter and amend the act of February 19, 1866, entitled an act to incorporate the town of Elberton, and for other purposes ; also,
19

JouRNAL OF THE SENATE,
A bill providing for the collection of the special taxes imposed by law on dealers in spirituous or malt liquors, and for other purposes ; also,
A bill incorporating the Skidaway i\arrows Canal Company; also,
A bill incorporating the Vernon and Ogeechee Canal Company; also,
A bill appropriating money to Georgia Academy for the Blind for the purpose of organizing and maintaining in the same a department for the blind youths of the colored 1ace; also,
A bill to increase the salary of the County Treasurer of the county of Baldwin to five hundred dollars; also,
A bill for the relief of the estate of John Caldwell, deceased, so as to provide for the paying to said estate the sum of one hundred and six dollars, and for other purposes; also,
A bill transferring the county of Bulloch from the Eastern to the Middle Judicial Circuit; also
A bill prohibiting the sale or furnishing of spirituous, malt or intoxicating liquors within the limits of Jefferson county, and for other purposes; also,
A bill to authorize the Board of Commissioners of Newton county to levy a tax of two hundred per cent. on the .State tax of Newton county, and for other purposes.
The House of Representatives has also agreed to the following resolution, to-wit:
A resolution appointing a committee of five from the House and three from the Senate to ascertain and report the amount of business before the two Houses, and at what time the General Assembly can adjourn sine die.
The House of Representatives has also passed the following bills, to-wit:
A bill to incqrporate the town of Arlington in the cou n-

AuGDST 23, r881.
ties of Calhoun and Early, and to provide for the election of a Mayor and Aldermen, and for other purposes.
A bill to amend an act entitled an act to incorporate the town of Quitman, in Brooks county, approved December 19, r859, and for other purposes; also,
A bill to incorporate the town of Leary: in the county of Calhoun, and for other purposes; also,
A bill to prohibit camp hunting in the county of Clinch by nonresidents, and for other purposes; also,
A bill to be entitled to incorporate the Union Railway Company, and to define its rights and powers and privileges, and for other purposes ; also,
A bill to be entitled an act to amend an act to extend and define the corporate limits of the town of Greenville, in the county of Meriwether, and for other purposes; also,
A bill to be entitled an act to amend an act to establish a new charter fer the City of Atlanta, approved February
28, I 874, and the several acts amendatory thereof; also,
A bill to be entitled an act to legalize the action of the Board of Commissioners of Roads and Revenues of the
. county of Douglas, changing the size and shape of the
court house square, in the town of Douglasville; also,
A bill to authorize the Intendant and Commissioners of
the town of Greenville to regulate to regulate the sale of
liquors of said town. On motion of Mr. Mattox, the Senate)ook up and con-
curred in a joint resolution from the House providing tor the appointment of a joint committee to inquire and report on the condition of the business, and at what time the General Assembly may adjourn sz"ne die, was taken up, read and concurred in, and the Secretary was directed to form the House of the Senate's action thereon at once.
Mr. Fouche, chairman of the Committee on Finance ; Mr. vVinn, chairman of the Committee on Corporations;

JouRNAL OF THE SENATE,
Mr. Byrd, chairman of the Committee on Agriculture; Mr. Guerry, chairman of the Committee on Banks; and Mr. Price, chairman pro !em, of the Committee on the J udiciary, made reports on matter referred to their respective committees.
The President announced Messrs. Mattox, McWhorter and King as the committee on the part of the Senate, under the joint resolution concurred in this day, and relating to the subject of adjournment.
Mr. Smith of the Fifteenth District, introduced a privileged resolution inviting Col. Josephus Camp, of the county of Emanuel, to a seat on the floor of the Senate.
The same was read and agreed to.
On motion of Mr. Winn, the report of the Judiciary Committee, on the reconsidered bill of the House to alter and amend section 4549 of the Code of 1873, which prohibits the sale of tickets in lotteries and gift enterprises, so as to more effectually prohibit and prevent the sale of tickets, combinations, numbers or :devices_.indicating the distribution of prizes or chances in any lottery, gift enterprises or other similar schemes or device, and to prescribe suitable penalties, and to repeal section 4548, Code of 1873, which prohibits the sale of lottery tickets, was taken up foP final action.
The report of said committee was amended, on motion of Mr. Winn, by adding after the words ''four thousand five hundred and forty-eight," in the second line of the second section, and before the word "which," in the third line, the following words, to-wit: "of the Revised Code of 1873."
The report, as amended, was agreed to. The bill having been read, was put upon its passage and passed by a constitutional majority, there being ayes, 3I ; nays, o. Mr. McWhorter, chairman of the Enrollment Committee submitted the following report:

AuGusT 23, r88 1.
Mr. Preszamt :
The Committee on Enrollment report as duly enrolled .and ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit:
An act to change the several acts incorporating the town of Conyers; also,
An act to repeal the second section of an act in regard to abolishing the County Court of the county of Dodge.
R. L. McWHORTER, Cltairman.
The following bills of the House were read the first time and referred to the Committee on the Judiciary, to-wit:
A bill to provide for but one grand jury to serve for each term of Hall Superior Court, without reference to the number of weeks such term may contain.
A bill to amend an act to authorize the issue of interest bearing bonds by the Mayor and Council of the City of Macon, for refunding the present bonded debt, and funding that part of the floating debt of the City of Macon, herein specified, etc.
A bill to increase the salary of the County Treasurer of the county of Baldwin, to five hundred dollars per annum.
A bill to transfer the county of Bulloch from the East ern to the Middle Judicial Circuit.
A bill to authorize the Board of Commissioners of New- ton county to levy a tax of two hundred per cent. on the State tax of Newton county for the purpose of paying the present indebtedness of said county, and for other purposes.
A bill to prohibit the sale or furnishing of spirituous, malt, or intoxicating liquors 'within the limits of Jefferson county, and to provide a punishment for the same.
A bill to legalize the action of the Board of Commissioners of Roads and Revenues of the county of Douglas, changing the size and shape of the court house square in .the town of Douglasville ; and

)OURXAL OF THE SENATE,
A bill to prohibit camp hunting in the county of Clinch by non-residents; to prescribe a punishment therefor, and for other purposes.
The following bills of the House were read the first time, and referred to the Committee on Corporations, to-wit:
A bill to alter and amend an act approved the 19th day of February, 1866, entitled an act to reincorporate the town of Elberton, and to give the town council of said town certain powers therein snccifiecl, and to provide for a :\1ayor of said town.
A bill to incorporate the Vernon and Ogccchee Canal Company, and to grctnt certain privileges therein named.
A bill to incorporate the Reel Line Steamboat Company, and for other purposes.
A bill to alter and amend the several laws incorporporating the City of l\1 illcdgcville in reference to the election of a marshal and deputy marsha~ thereof.
A bill to incorporate the Rome and Carrollton Railroad Company.
A bill to amend an act to incorp01 ate the Skidaway Narrows Canal Company, and to grant certain privileges therein named, approved October 14, r8;9, so as to increase the rate of toll, and to strike out the clause requiring the completion of twenty miles thereof in five years.
A bill to amend an act to establish a new charter for the
'City of Atlanta, approved February zS, 1874, and the sev-
eral acts amendatory thereof. A bill to incorporate the town of Arlington, in the
counties of Calhoun and Early, and provide for the election of a Mayor and Aldermen for said town, and for other purposes.
A bill to amend an act incorporating the town of Quitman, in Brooks county, approved December I9, 1859, and the several acts amendatory thereof, etc.
A bill to _incorporate the Union Railroad Company~

AUGUST 23, 188r.

and to define its rights, powers and privileges, and for other purposes.

A bill to amend an act to extend and define the corporate limits of the town of Greenville, in the county of Meriwether, etc.

A bill to incorporate the town of Leary, in the county of Calhoun; to grant elective powers and privileges, and for other purposes ; and

A bill to authorize and empower the intendent and commissioners of the town of Greenville, in this State, to regulate the sale of spirituous, malt and vinous liquors within the corporate limits of said town.

The follo\dng bills of the House were read the first time, and referreu to the Committee on Finance, to wit:

A bill to provide for the collection of the special taxes
imposed by law on dealers in spirituous or malt liquors,
o! intoxicating bitters, and for other purposes.

A bill to appropriate money to the Georgia Academy

for the Blind for the purpose of organizing and maintaining

in the same a department for the blind youth of the col-

ored race of the same ; and

'

A bill for the relief of the estate of John Caldwell, deceased, so as to provide for the paying to said estate the sum of one hundred and six dollars, etc.

The bill of the House to authorize the sale of certain lots and fractional lots of land in this State, heretofore reserved and set apart for educational purposes, and to apply the proceeds as herein provided, was read the first time and ordered to be engrossed.

Leave of absence was granted Messrs. Moseley and Mattox to enable them to visit the City of Augusta on committee business.

Mr. Mc\Vhorter, chairman of the Committee on Enrollment, submitted the following report:

JouRNAL OF THE SENATE,

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 in relation to the articles of agreement be-

tween the Commissioners of the States of Georgia and

South Carolina in regard to the boundary line between

said States.

R. L. WcWHORTER, Cltairman.

The bill of the Senate to require the several railroad companies in this State to give in all their property for taxation, in each county in which said property is located, was withdrawn by the mover, Mr. Moseley.
The Senate bill to amend the law as to mechanics' Ieins on personalty, as now provided in section 1981 of the Code of 1873, was read the second time and passed to a third reading.
The following bills of the House were read the second time and passed to a third reading, to-\vit:
A bill to incorporate the National Mercantile Assurance Company.
A bill to amend an act entitled an act to incorporate the Augusta Savings Institution ; and
A bill to make it a misdemeanor for any person to set fire to the woods of another in the county of Clinch. etc.
The Senate took up the report of the Committee on the Judiciary on the bill of the Senate to repeal the last clause of section 441 of the Code of 1873, and to amend said section in so far as the same declares eligible and qualified for the office of Justice of the Peace.
The said committee recommended the pas,age of the same, with the following amendments, to wit:
Amend title and section 1, by adding the words "of the Superior Court," after the word "clerk."

AUGUST 23, 1881.

The amendment was adopted. The report was agreed to.

The bill was read the third time and passed, as amended, by a constitutional ~ajority, there being ayes, 28; nays, o.

The Senate took up the report of the Judiciary Committee on the bill of the House to amend section 1950 of the Code of 1873, which enumerates the obligations required to be in writing to bind the promises, by adding thereto acceptances of bills of exchange.

The report was agreed to, the same being favorabie.

The bill was read the third time and passed by a con stitutional majority, there being ayes, 28 ; nays, o.

The bill of the House to authorize the Board of County Commissioners for the county of Mitchell to levy a tax to meet the curret1t expenses of said county for 1881 and I 882, not to exceed 50 per cent. on the State tax, was taken up for a third reading, but without being read, was laid on the table for the present.

The Senate took up the report of the Finance Committee on the bill of the House to authorize the Governor to draw his warrant on the Treasury for the payment of

Henry P. Hammett of excess, of $26 87, received on the sale of his wild land.

The report, wich was favorable, was agreed to.

The bill was read the third time, and on the question of its passage, the ayes and nays were recorded.
Those who voted in the affirmative arc, to-wit-Messrs.

Baker,
Barksdale, Brown,
Byrd, Cnrtis,
Daniel,
Duggar, Fouche, Guerry, Harris,

Hawes Hackett,
Hicks, Jonlau, 1\:ing, Mattox, Meldrim,
1\fo~eley,
Xeal, Park11,

Price, Heid, Smith of the 5th, Smith of the 15th, Smith of the 23,1,
~torcy,
Suddath, Treadwell,
'Vest brook, Winn.

Ayes 30. Nays o.

So the bill was passed by a constitutional majority.

2g8

JouRNAL OF THE SENATE,

The Senate took up the report of the Judiciary Committee on the bill of the House fixing the license fee for the sale or spirituous, intoxicating and malt liquors in the
county of Clinch at SI, 500, and for other purposes.
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, which was favorable, was agreed to. The bill was rtad the third time and passed by a constitutional majority, there being ayes, 29; nays o. The Senate took up the report of the Judiciary Commit tee on tl1e bill of the House to prohibit the sale of spirituous, intoxicating or malt liquors in the town of Stockton, Clinch county.
Satisfactory evidence was submitted to the Senate that due legal notice of intention to apply for the passage of this bill had been given.
The report, which was favorable, was agreed to. The bill was read the third time and passed by a consti tutioual majority, there being ayes, 30; nays o. The Senate having disposed of all business on the desk of the Secret:ry, adjourned, on motion, until ro o'clock A. :0.1., to-morrow.

SE~ATE CHAMBER, ATLANTA, GA.,

\Vednesday, August 24, r88r, IO o'clock A. M.

The Senate met pursuant to adjournment, the President

in the chair.

Prayer by the Rev. John W. Heidt, D. D., Chaplain of

the Senate.

On the call of the roll, the following Senators answered

to their names, to-wit :

Buker Barksdale, Brown, Butt,
Byrd,

Harris, Hawes, Hackett, Hicks, Jordan,

Reid,
Smith, of the 5th, Smith of the 15th, Smith of the 23d, Storey,

AuGUST 24, r881.

Carter, Curtis, D:tniel,
Duggar, Fouche, Gorm<Cn, Guerry,

King, l\Ieldrim. Xeal, Parks,
Payne, Price,

Suddath, TreadweiJ,
We~tbrook,
Wilson, Winn,
}lH. Pl1ESIDENT.

The Journal was read and approved.

The following me,:sage was received from the Hou;<e of

Representatives, through :\Ir. Hardin, the Clerk thereof:

Mr. Presidmt:
The House of Representatives has passed the following bills, to wit :
A bill to amend an act approved October 17, 1879, entitled an act to carry into effect paragraph 2, section r8, article 6 of the Constitution, and for other purposes; also,
A bill to fix the time of holding the courts in the various counties composing the Xortheastern Circuit, and for other purposes.
Mr. \Vinn, chairman of the Committee on Corporations; and Mr. Guerry, chairman of the Committee on Banks, made reports for their respective committees on bills re ferred thereto.
Mr. Payne, oftered the following privileged resolution, which was read and agreed to.
Resobed, That the Hon. David Irwin, of the county of Cobb be invited to a seat on the floor of the Senate during his stay in this city.
The bill of the House to authorize the sale of certain lots and fractional lots of land ill this State, heretofore reservl':d and set apart for educational purposes, and to ap ply the proceeds as herein provided, was, on motion of Mr. Winn, referred to the Committee on the Judiciary.
The following bills of the House were read the second time and passed to a third reading, to-wit:
A bill to amend an act to incorporate the Skidaway Narrows Canal Company and to grant certain privileges.

JouRNAL oF THE SENATE,
therein named, approved October 14, 1879, so as to increase the rate of toll, and to strike out the clause requiring the completion of twenty miles thereof in five years.
A bill to incorporate the City Bank of Augusta, and for other purposes.
A bill to alter and amend the several laws incorporating
the City of Milledgeville in reference to the election of a marshal and deputy marshal.
A bill to incorporate the Vernon and Ogeechee Canal Company, and to grant certain privileges therein named.
A bill to alter and amend an act approved the 19th day -ofFebruary, 1866, entitled an act to incorporate the town of Elberton, and to give the town council of said town certain powPrs therein specified, and to provide for a mayor of said town ; and
A bill to amend an act to incorporate the town of Quitman in Brooks county, etc., approved December 19, 1859, and the several acts amendatory thereof, etc.
The following bills of the House were read the first time, and referred to the Committee on the Judiciary, to-wit:
A bill to fix the times of holding the Courts in the various counties composing the Northeastern Judicial Circuit of this State, and for other purposes; and
A bill to amend an act approved October 17, 1879, entitled an act to carry into effect paragraph 2, section r8, article 6 of the Constitution, so as to provide for the revision of the jury boxes, and for other purposes.
Mr. Smith of the 15th District, offered a privileged resolution which was read aud agreed to, inviting Dr. P. C. Smith of Taylor county to a seat on the floor of the Senate.
Mr. Smith of the 5th District, offered a privileged resolution, inviting S. W. Hitch, Esq., of Pierce county to a seat
in the Senate, which was read and agreed to. On motion of Mr. Parks, the bill of the Senate to regulate
the sale of spirituous, intoxicating liquors in this State,

AcGUST 24, 1881.

30f

etc., was taken up and referred to the Committee on theJudiciary.
The Senate took up the report of the Committee on Finance on the bill to authorize the Board of County Commissioners for the county of Mitchell, to levy a tax to meet the current expenses of said county for the years I 88 r and I 882, not to exceed fifty per cent. on the State tax.
The report, which was favorable, was agreed to.
The biB was read the third time and passed by a constitutional majority, there being ayes, 3 I ; nays, o.
Proof of due legal notice of intention to apply for the passage of this bill was submitted to the Senate.
The Senate took up the report of the Committee on Corporations, on the bill of the House to incorporate the National Mercantile Assurance Comp;my.
Satisfactory evidence was submitted to the Senate that legal notice had been given of intention to apply for the passage of this. bill.
The report, which was favorable, 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 the report of the Committee on Agriculture on the bill to make it a misdemeanor for any person to set fire to the woods of another, in the county of Clinch, where the same is protected by natural or artificial boundaries, and the owner does not desire the same burned ; to provide a punishment therefor, and for other purposes.
Satisfactory evidence was submitted to the Senate that due legal notice of intention to apply for the passage of this bill had been given.
The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority, there being ayes, 26; nays, o.

302

jOURNAL OF THE SENATE,

The Senate took up the report of the Committee on Banks on the bill of the House to amend an act to incorporate the Augusta Savings Institution.
Said committee recommended the passage of the same with the following amendments, to-wit:
Amend by adding to the title the following words, "approved February 16, 1875," and by adding to section 2, after the last word thereof, the following: " And upon the death or resignation of any member of said Board, the latter shall be empowered to fill the vacancy thus occurring, by the immediate election of his successor."
The amendments were adopted. The report was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 26 ; nays, o. 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 Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the Rome and Carrollton Railroad Company. The said committee reported in favor of the passage of the bill, with the following amendment:
Amend by adding after the word "required," in the thirteenth line of section 1 I, and before the word " and" in the fourteenth line of said section, the words " is situated."
Mr. Fouche proposed to amend the report of the committee by inserting after the word ''Georgia," in the seventeenth line of section 3, the words, ''by the way of Cedar Town, in Polk county, and Buchanan, in Haralson county."
This amendment was adopted. The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 29; nays, o,

AuGUST 24, 1881.
Satisfactory evidence was submitted to the Senate that due legal notice had been given of intention to apply for the passage of this act.
On motion of Mr. Guerry, the bill of the Senate to amend the law as to mechanics' liens on personalty, as now provided in section 1981 of the Code of 1873, was recommitted to the Judiciary Committee.
On motion of Mr. Smith of the Fifth District, the bill of the House to prohibit camp hunting in the county of Clinch, was transferred from the Committee on the Judiciary to the Committee on Agriculture.
On motion of :Mr. Byrd, the Senate took up the report of the Judiciary Committee on the bill of the House to prohibit any person or persons keeping a bar room or other place where spirituous liquors are sold by retail, to be drank on the spot, from employing minors therein, and to prescribe a penalty therefor.
Said committee reported in favor of the passage of the same, with the following amendments, to-wit:
Strike out the title and insert in lieu thereof : '' An act to prohibit any person keeping a bar room or other place where spirituous or intoxicating liquors are sold in any quantity, from employing minors therein for the purpose of selling such liquors, or permitting minors to sell such liquors therein, and to prescribe a penalty therefor."
Amend section I by striking out all between the word '' person," in the fifth line, to the word ''and," in the eleventh line, and inserting in lieu thereof the following : ''Keeping a bar room or other pla.ce where spirituous or intoxicating liquors are sold, in any quantity, from employing minors therein, for the purpose of selling such liquors, or putting minors to sell such liquors therein."
Mr. Westbrook moved the indefinite postponement of the bill, and on this motion required the ayes and nays to be recorded.
Those who voted in the affirmative are, to-wit-Messrs.

JOURNAL OF THE SENATE,

Baker,
Barksdale, Duggar, Hams,

Meldrim,
Parks, Reid, Smith of the 5th,

Tread wen.
Westbrook, Wilson.

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

Brown, Byrd, Carter, Curtis,
Daniel,
Fouche, Gorman, Guerry,

Hawes. Hackett, HickP, Jordan,
Kine;,
\1c Whorter, Neal,

P~yne,
Price, ~mith of the 15th, Smith of the 23d, :Storey,
Suddath. Winn_

Ayes, I 1. Nays, 22.

So the motion did not prevail. Mr_ Westbrook proposed to amend the report of the committee as follows:

Add at the end of section I this proviso: '' Provided that nothing herein contained shall prevent the father, or if the father be dead, the mother, from having or employing his or her own minor child in the business of such parent."

This amendment was adopted. The report, as amended, was agreed to. The bill was read the third time, and on the question of its passage, the ayes and nays were required to be recorded. Those who voted in the affirmitive are, to-wit-Messrs.

Bak~>r,
Barksdale, Brown, Byrd, Curtis, Daniel, Fouche, Gorman,

Guerry, Hawes, Hackett,
Hicks, Jordan, Kbg,
McWhorter, Neal,

Payne, Price, Smith of the 15th, Smith of the 23d, Storey, Suddath,
MR. PRII:SIDRNT-

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

Carter, Duggar, Harris,
1\'leldrim,

Parks, Reid, Smith of the 5th, Treadwell,

WeMtbrook, Wilson, Winn_

Ayes, 23, Nays, 11.

AuGUST 25, r881.
So the bill was passed, as amended, by a constitutional majority.
Leave of absence was granted Messrs. Winn, Danie~ McWhorter and \Vilson on committee business, and t0 Messrs. Butt and \Voodward on account of sickness.
The Senate, having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock, A. M, to-morrow.

SENATE CHAMBER, ATLANTA, GA., Thursday, August 25, 1881, 10 o'clock A. 111.

The Senate met pursuant to adjournment, the President in the chair.
Prayer by the Rev. J. W. Heidt, D. D., Chaplain of the
Senate.

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

Baker, Barksdale, Brown, Byrd,
Carter, Curtis, Daniel, Denmark, Duggar,
Fouche, G<>rman, Guerry,
Harris,

Harrell, Hawes, Hackett, Hicks, Jordan, King, McDaniel, :\Iattox,
1\Ieldrim, Moseley,
Neal, Parks,

Payne, Price, Reid, Smith of the 5th, 8mith of the 15th, 8mith of the 23d, Storey, Suddath. Treadwell, Westbrook, Woodward,
1\IR. PRESIDENT.

The Journal was read and approved.

Mr. Jordan gave notice that he should, on to-morrow~

move a suspension of Rule No. 16 of the Senate.

Mr. Westbrook moved a reconsideration of the bill of the House, passed yesterday by the Senate, to prohibit the employment of minors in any bar-room, or other place where spirituous liquors are sold, etc.

On this proposition Mr. woodward required the ayes

and nays to be recorded.

20

306

JouRNAL OF THE SENATE,

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

CDuagret;e~rr, Harris,

l\Ieldrim, Parks,
Reid,

Westbrook, Woodward.

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

BBaarkkse~rlale, Brown, Byrd, Curtis, Daniel, Fouche, Gorman, Guerry,

Harrell Hawes: Hackett, Hicks, .Jordan, 1\:ing,
McDaniel. ~Iattox,
:\loseley,

Neal, Payne, Price, Smith of the 5th, Smith of the 15tb,
Smith of tbe 23cl, Storey,
SHldath.

Ayes, 8. Nays, 26.

So the motion to reconsider did not prevail.

On motion of Mr. Reid, so much of the Journal of yesday was reconsidered as relates to the passage of a bill of the House to amend an act to incorporate the National Mercantile Assurance Company.

Mr. Price, chairman pro tem. of the Committee on the Judiciary; Mr. Fouche, chairman of the Finance Committee; and Mr. Price, c>hairman of the Committee on Education, made reports from their respective committees, which were read, on bills referred thereto.
On the call of the roll, the following bills were introduced, read the first time, and referred to the Committee on the Judiciary, to-wit :

By Mr. Gorman-
A bill to repeal section 3935 of the Revised Code, 1873, and to substitute theaefor a different method of impaneling and filling up juries in felony and other other criminal cases.

By Mr. Smith of the Fifteenth DistrictA bill to define the liability for taxation of purchase money notes of real estate. The bill of the Senate to provide for applying the net proceeds arising from the hire of convicts to the common

AUGUST 25, I88I.
school fund of this State, and to r~gulate the apportionment of the same, and for other purposes, was read the second time and passed to a third reading.
The following bills of the House were read the second time and passed to a third reading, to-wit:
A bill for the relief of the estate of John Caldwell, de(;eased, etc.
A bill to appropriate money to the Georgia Academy for the Blind, for the purpose of organizing and maintaining in the same a department for the blind youth of the colored race of the same ; and
A bill to transfer the county of Bulloch from the Eastern to ~he Middle Judicial Circuit.
The Senate took up the report of the Committee on Corporations on the reconsidered bill of the House to incorporate the National Mercantile Debt Assurance Com pany.
On motion of Mr. Reid, said report was amended by adding to the title the words, '' and for other purposes.''
Amend section 2, where it refers to per cent. of capital stock to be paid in before the organization of the company, by inserting "one per cent. in lieu of ten per cent.'
The report, as amended, was agreed to. The bill having been read the third time was passed, as amended, by a constitutional majority, there being ayes, 23; nays, o. The bill of the House to amend the several laws incorporating the City of Milledgeville, in relation to the election of"a marshal and deputy marshal, was taken up for a third reading, but on motion of Mr. Jordan, was without being read, laid on the table. The Senate took up the report of the Committee on Corporations on the bill of the House to amend an act to incorporate the Skidway Narrows Canal Company, and to grant certain privileges therein named, approved October

JouRNAL OF THE SENATE,
I4, I879, so as to increase the rate of toll, and to strike out the clause requirin'g the completion of .twenty miles thereof in five years.
The said committee recommended the passage of the same with an amendment striking from the title thereof the words, " to increase the rate of toll and," which occur between the words ''as" and "to."
The amendment was adopted.
The report was agreed to.
The bill was read the third time and passed, as amended,. by a constitutional majority, there being ayes, 28 ; nays, o.
Proof of due legal notice was submitted to the Senate of intention to apply for the passage of the same.
:.vir. Pr!ce, ch:lirman pro tem. of the Committee on Internal Improvement and Railroads, made a report, which was read, on a bill referred thereto.
The Senate took up the report of the Committee on Corporations on the bill of the House to amend an act to incorporate the town of Quitman, in Brooks county, etc., approved December I 8, I 859, and the several acts amendatory thereof, so as to provide that the Board of Aldermen shall be increased to six ; also, to provide that any vacancy occurring- in the Board of Aldermen shall be filled by an election by the Mayor and remaining Alderman, and to confer additional powers on said Mayor and Aldermen, and further to provide that the offices of clerk and treasurer of said town shall be consolidated, and the duties of both offices to be performed by one person, who shall not be a member of said board.
Proof of due legal notice of intention to apply for the passage of this bill was submitted to the Senate.
The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority, there being ayes, 25; nays, o.

ACGL'ST 25, 1881.
The Senate took up the report of the Committee on Banks on the bill of the House to incorporate the City Bank of Augusta, and for other purposes.
Proof of due legal notice of intention to apply for the passage of this bill was submitted to the Senate.
The said committee reported in favor of its passage as amended, as follows: By adding as section 12 the following: "Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this act, be ~md the same are hereby repealed.''
The amendment was adopted. The report was agreed to. The bill was read the third time and passed, as amended .by a constitutional majority, there being ayes, 23; nays, o.
The Senate took up the report of the Commtttee on Corporations on the bill of the House to alter and amend an act, approved the 19th day of February, 1876, entitled an act to re-incorporate the town of Elberton, and to give the town council of said town, certain powers therein specified, and to provide for a mayor of said town.
The said committee reported in favor of its passage with the following amendments, to-wit:
r. Amend by adding at the end of section 5, the following words : "Provided, that the town authorities shall pay or provide for the payment of the jail fees of all persons by them placed in the common jail of said county, except the fees of such persons as may be committed for State offences ; and the jailor shall look to the town author ties alone for the fees for which they are liable, and may decline to receive such prisoners until arrangements have been made with him for the fees.
2. Amend section 6 by adding, after the words "office" in the second line, and before the word ''the" in the third line, the following words, to-wit: "He shall take and subscribe."

3 IO

} OURNAL OF THE SENATE,

The amendments were 2.dopted. The report 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 the report of the Committee on Corporations on the bill of the House to incorporate the Vernon and Ogeechee Canal Company, and to grant certain privileges therein named.
The said committee repor.ted in favor of its passage with the following amendments, to-wit:
I. Amend by striking out the word, "time" in the ninth line of the second sectio~, and inserting in lieu thereof the word ''line."
2. Amend section three by adding at the end thereof, after the word ''liens," the following. words, to-wit: ''On personal property."
The amendment was adopted.
The report was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 32 ; nays, o. Proof of due legal notice of intention to apply for the passage of this bill was submitted to the Senate. The following message was received from the House of Representatives, through Mr. Hardi-n, the Cle.rk thereof:

Mr. President:
The House of Representatives has passed the following bills, to-wit :
A bill to be entitled an act to authorize the Commissioners of Roads and Revenues of the county of Mitchell to issue bonds, and for other purposes; also,
A bill to be entitled an act to amend an act to create a Board of Police Commissioners for the City of Augusta~ approved August 26, 1879; also,

AucusT 25, 1881.

311

A bill correcting certain mistakes of reference in the laws of this State as contained in sections 1978, 1979, 1992 and 1994 of the Code; also,

A bill to be entitled an act to repeal all laws and all amendments to laws heretofore passed, incorporating the town of Blackshear, in the county of Pierce, and for other purposes.
The House of Representatives has also concurred in the amendments of the Senate to the following bills, to-wit :
A bill to incorporate the Cleveland and Lula Railroad Company, the road to be constructed from some point on the Air-Line Railroad in Hall county, to Cleveland in \Vhite county; also,
A bill to amend the act of October ro, 1868, incorporating the town of \Vest End, in the county of Fulton; also,
A bill to incorporate the Merchants' and Planters' Steamboat Company, and for other purposes.
The House of Representatives has als0 passed the following bills, to wit:
A bill to be entitled an act to change and fix the times of holding the Superior Courts in the counties of Pickens, Gilmer and Fannin ; also,
A bill to be entitled an act to provide for the signing of bills of exceptions now required by law to be signed in twenty days after said twenty days in certain cases ; also,
A bill to be entitled an act to fix the fees of Justices of the Peace and Constables in cases of foreclosure of chattel mortgages, and for other purposes ; also,
A bill to be entitled an act to prohibit the sale of spirituous, walt or intoxicating liquors in any quantity whatever in the 427th district of "White county.
Mr. Parks, chairman pro tem. of the Committee on Enrollment, submitted the following report:

312

JouRNAL OF THE SENATE,

Mr. Prest'dent:
The Committee on Enrollment report as duly enrolled, signed by the Speaker of the House of Representatives, and ready for tqe signatures of the President and Secretary of the Senate, the following act, to-wit:
An act to provide for the compensation of certain Tax Collectors and Receivers of Tax Returns for services performed during the year r88o.
The Senate took up the report of the Committee on the Judiciary on the bill of the Senate, to regulate the prac tice in carrying pauper cases to the Supreme Court of the State.
Said committee reported in favor of its passage by substitute.
The substitute was adopted.
The report was agreed to. The bill was read the third time and pac;sed, as amended, by substitute, by a constitutional majority, there being ayes, 28; nays, o. The bill of the House to incorporate the Cincinnati and Georgia Railroad Company, and to define its rights, powers and privileges, and for other purposes, was taken up, on motion, and read the second time, and on motion of Mr. McDaniel, was recommitted to the Committee on Railroads and Internal Improvement. Mr. King, chairman of the Senate Committee on Apportionment, submitted the following report:

Mr. President:
The Senate Committee on Apportionment, acting with a similar committee on the part of the House of Representatives, have had under consideration the question as to whether or not the General Assembly should change the Senatorial Districts as now arranged by counties, and recommend that no change be made.
The committee have also had under consideration the

AuGusT 25, r881.
question as to whether or not the General Assembly should, at its present session, re-apportion the Congressional Districts in the State, and have arrived at the following conclusions, to-wit:
We are of opinion that no attempt should be made to interfere with the present arrangement until the Congress of the United States shall have apportioned representatives as provided by act of Congress under the census of r88o, and that any action at this time by the Legislature of Georgia would be premature, unwise and illegaL
Respectfully submitted. R N. KING, C!tairman Senate Com.
J. L. SwEAT, C!tairman House Com.
The following bills of the House were read the first time, and referred to the Committee on the Judiciary, to-wit:
A bill to change and fix the times of holding the Supreme Courts in the counties oi Pickens, Gilmer and Fannin, in the Blue Ridge Judicial Circuit of this State, and for other purposes.
A bill to provide for the signing and certifying of bills
of exceptions now required by l;nv to be signed in twenty
days, after said twenty days, in certain cases.
A bill to correct certain mistakes of reference in the lien laws of this State, as contained in sections 1978, 1987, 1989, 1992 and 1994 of the Code of 1873; and
A bill to fix the fees of Justices of the Peace and Constables in cases of foreclosure of chattel mortages, anrl for other purposes.
The following bills of the House were read the first time, and referred to the Committee on Corporations; to-wit:
A bill to amend an act for the creation of a Board of Police Commissioners, etc., for the city of Augusta, etc.; and

314

JOURNAL OF THE SENATE,

A bill to repeal all laws incorporating the town of Blackshear, Pearce county, etc.
The bill of the House to authorize the Commissioners of Roads and Revenues of Mitchell county to issue bonds not to exceed the sum of ten thousand dollars, and bearing interest at the rate of seven per cent. per annum, for the purpose of building a court house for said county, and to provide for the payment of the same, was read the first time, and referred to the Committee on Finance.
The bill of the House to prohibit the sale of spirituous, malt or intoxicating liquors in any quantity whatever in the 427th District G. M., in the county of White, and fQr other purposes, was read the first time, and referred to the Committee on Temperance.
The Senate, having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock A. ~1., to-morrow.

SENATE CHAMBER, ATLANTA, GA., Friday, August 26, 1881, 10 o'clock A. M.

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

Prayer was offered by Rev. J. W. Heidt, D. D., Chap-

lain of the Senate.



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

Baker,
Barksdale, Brown
Bond, '
Byrd, Carter, Curtis,
Denmark,
Duggar,. Fouche,
Horman, Guerry, Barris,

Harrell,
Hawes, Hackett,
HickR,
Jordan, King, l\IcDaniel,
l\lattox,
Jllc Whorter, l\Ieldrim,
Moseley, Neal, Parks,

Payne, Price,
lkid, Smith of the 5th,
Smith of the 15th,
Smith of the 23d, Storey,
Suddath, Treadwell,
Westbrook, Winn,
Woodward, }IR. PRBSIDBNT.

The Journal was read and approved.

At:GUST 26, I88r.

315

Mr. Jordan moved a suspension of Rule No. r6 of the Senate.
On motion of Mr. Hackett, the motion of Mr. Jordan was marie the special order for Monday next, after the disposal of the regular order of business.
The Senate took up the special order of this morning, to-wit:
A bill of the Senate to authorize the various counties in this State, by a vote of the legal voters, determined by proper election, to levy and collect taxes for the purposes of education, and for other purposes.
On motion of Mr. Price, the special order was discharged, and the bill was ordered to lay on the table.
Mr. Gormman, chairman pro tem. of the Committee on Enrollment, submitted the following report :
Mt. President:

The Committee on Enrollment reports as duly enrolled, signed by the Speaker of the House of Representatives, and ready for the signature of the President of the Senate, the following acts, to-wit:
An act to refund to the purchasers, or those holding under them, money received by the State of Georgia for lot of land No. 124, in the fifth district of the third section of originally Cherokee, no\y Bart:>w county, etc. ; also,
An act to prohibit the sale of alcoholic, spirituous :or malt liquors, or intoxicating bitters in the county of Houston; also,
An act to amend section 1455 of the Code of 1873.
W. R. GORMA::-., Chairman pro tem.
Mr. McDaniel, from the Committee on Rules, and in hehalf of the President of the Senate, submitted the following report, which was read :
The Committee on Rules respectfully recommend that

316

jOURNAL OF THE SENATE,

Rule 16 be rescinded, and the following adopted instead

thereof. (Signed,)

}As. L. BoYNTON,

HENRY D. McDANIEL,

R L. McWHoRTER,

A. T. HACKETT,

"\V. P. PRICE.

'' It shall be in order for any Senator to move for a reconsideration of any question of the Senate, not previously reconsidered, immediately after the confirmation of the Journal; provided, notice thereof be given after the action and before the reading of the Journal is finished, on the day succeeding the action sought to be reconsidered, and at any time afterwards, without such notice, by unanimous con-;ent.

"Any matter which could not be reconsidered on succeeding day, shall be in order for reconsideration on the day of said action.

"''The action of the Senate on an amendment may be reconsidered at any time before final action on the section, bill or resolution to which it relates."

Mr. McDaniel, chairman of the Committee on the Judiciary ; Mr. Winn, chairman of the Committee on Corporations ; Mr. Price, chairman pro tem. of the Committee on Internal Inprovements and Railroads; and Mr. Byrd, chairman of the Committee on Agriculture, made reports from their respective committees on bills referred thereto.

On motion of Mr. Parks, the Senate took up and adopted the report of the special committee on apportionment, which was spread in full on the Journal of yesterday.

Leave of absence was granted .Mr. Smith and Mr. Storey, after to day, until Monday; Mr. Curtis until Tnesday morning next, and that of Mr. Wilson extended for this day.

On motion of Mr. Jordan, the Senate took up the report of the Committee on Corporations on the bill of the House

AUGUST 26, I88 I.
to amend the several laws incorporating the City of Milledgeville, in reference to the election of a marshal and deputy marshal thereof.
Satisfactory proof of due legal notice of intention to apply for the passage of this bill was submitted to the Senate.
The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority, there being ayes, 3 I; nays, o. The bill of the Senate to increase, enlarge and improve the educational facilities and appliances of the University of Georgia, was on motion of Mr. Price recommitted to the Committee on Education. The following bills of the House were read the second time and passed to a third reading, to-wit:
A bill to fix the times of holding the Courts in the various counties composing the Northeastern Judicial Circuit of this State.
A bill to prohibit camp hunting in the county of Clinch, etc.
A bill to authorize and empower the intendent and commissioners of the town of Greenville in this State, to regulate the sale of spirituous, malt and vinous liquors within the corporate limits of said town.
A bill to provide for but one grand jury to serve for each term of Hall Superior Court, without reference to the number of weeks such term may continue.
A bill to amend an act to require the payment of moneys arising from fines and forfeitures into the County Treasury, and regulate the disbursement of the same, approved February 22, I876.
A bill to increase the salary of the County Treasurer of the county of Baldwin to five hundred dollars per annum.
A bill to change and fix the times of holding the Superior Courts in the counties of Pickens, Gilmer and Fannin,

318

JouRNAL OF TllE SENATE,

in the Blue Ridge Judicial Circuit of this State, and for other purposes.
A bill to prohibit the sale or furnishing of spirituous, malt or intoxicating liquors within the limits of Jefferson county, and to provide a punishment for the same.
A bill to authorize the Board of Commissioners of Newton county to levy a tax of two hundred per centum on the State tax of Newton county, for the purpose of paying the present indebtedness of said county, and for other county purposes.
The bill of the House to incorporate the Cincinnati and Georgia Railroad Company and to define its rights, powers and privileges, and for other purposes, was on motion of Mr. Westbrook, made the special order for Wednesday, 31st instant, at 10.30 o'clock A. M.
The Senate took up the report of the Committee on the Judiciary on a bill of the House to transfer the county of Bulloch from the Eastern to the Middle JudiciaCircuit.
The report, which was favorable, was agreed to. The bill was read the third time and passed by a con_ stitutional majority, there being ayes, 28; nays, o. Satisfactory evidence that due legal notice of intention to apply for the passage of this bill had been given was submitted to the Senate. Mr. Byrd offered a privileged resolution, which was read and agreed to, inviting Dr. E. Hillyer, of Rome, Ga., to a seat on the floor of the Senate.
The bill of the Senate to provide for applying the net proceeds arising from the hire of the State convicts to common school purposes, etc., was on motion, recommitted to the Committee on the Judiciary.
The Senate took up the report of the Finance Committee on the bill of the House to appropriate money to the Georgia Academy of the Blind, for the purpose of organ-

AuGusT 26, r88 r.

izing and maintaining in the same a department for the blind youth of the colored race of the same.

The report, which was favorable, was agreed to.

The bill was read the third time, and on the question of its passage, the ayes and nays were ordered to be recorded.
Those who voted in the affirmative are, to-wit-~1essrs.

Baker, Barksdale, Brown, Bond, Byrd, CDeanrtme~rrk, Duggar, Fouche, Guerry, Harris, Harrell,
Ayes, 36.

Hawes, Hackett, Hicks, Jordan, King, McDaniel, Mattox, l\1c Whorter, l\Ieldrim, Moseley, Parks, Payne,
Nays, o.

Reitl. Smith of the 5th, Smith of the 1:3th, tlmith of the 23d, Storey, Suddath, Treadwell, \Vestbrook, Winn,
Woodward. Price,
1\lR. PRESIDE:'i!T.

So the bill was passed by a constitutional majority.

The Senate took up the report of the Finance Committee on the the bill of the House for the relief of the estate of John Caldwell, deceased, so as to provide for the paying to said estate the sum of one hundred and six dollars, which was paid to the State of Georgia by said John Caldwell, in his life-time for certain land which he had purchased from said State, and from which he was afterwards evicted.

Satisfactory proof of due legal notice of intmtion to apply for the passage of this bill was submitted to the Senate, in accordance with law.

The report, which was favorable, was agreed to.

The bill was read the third time, and on the question of its passage, the ayes and nays were recorded.

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

Baker, Barksdale, Brown, Bond, Byrd, Carter,

Hawes, Hackett, Hicks,
Jordan, King,
Mattox,

Payne, Price, Reid,
Smith of the 15th, Smith of the 23d, Storey,

320

JouRNAL OF THE SENATE,

Denmark, Duggar, Fouche, Guerry, Harrell,

:arcWhorter, Meldrim, Mosf.'ley, Parks,

Suddath, Treadwell, Westbrook. Woodward.

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

McDaniel,

Winn.

Ayes, 31. Nays, 2.

So the bill was passed by a constitutional majority.

The Senate having disposed of all bu<;iness on the desk

of the Secretary, adjourned, on motion, until 10 o'clock

A. M., to-morrow.

SENATE CHAMBER, ATLANTA, GA.,

Saturday, August 27, 1881, 10 o'clock A. M.

The Senate met, pursuant to adjournment, the President in the chair.
Prayer was offered by the Rev. John Jones, D. D., Chaplain of the House of Representatives.
On the call of the roll, the following Senators answered: to their names, to-wit:

Baker, Barksdale, Brown, Bnd, Byrd, Carter, Denmark, Duggar, Gorman, Guerry, Harris,

Harrell, Hawes, Hackett, Hicks, Jordan, KMciDn~gniel,
~IcWhorter,
Meldrim, Neal,
Parks,

Payne, Price, Reid, ::lmith of the 23d, Suddath, Treadwell, Westbrook, Wilson, Winn, Woodward,
11IR. PREoiDENT.

The Journal was read and approved.

Mr. McDaniel, chairman of the Committee on the J u-

diciary; Mr. Price, chairman pro tem. of the Committee

on Railroads ; Mr. Hackett, chairman of the Committee

on the Penitentiary; and Mr. \Vinn, chairman of the Com-

mittee on Corporations, made reports from their respec-

tive committees on bills referred thereto.

Leave of absence was granted Mr. Moseley until

wednesday riext, to Mr. Fouche until Monday, to Mr.

At.:GUST 27, I88I.
Mattox until Tuesday, and the leave of absence of Mr. Butt extended on account of sickness.
The bill of the House to provide for the better inspection, management and control of convicts of this State, was taken up on the second reading, under adverse report of the majority of the committee on the penitentiary.
The minority of said committee reported in favor of its passage.
The bill was read the second time by request.
Mr. Westbrook moved the adoption of the minority, in
lieu of the majority report.
Pending discussion on this proposition, the further consideration of the subject matter was postponed until Monday next, immediately after the regular business of the day shall have been concluded.
The following message was received from the House of Representative through Mr. Harden, clerk thereof.
Mr. Preszdent:
The House of Representatives has passed the following bills, to-wit:
A bill to be entitled an act to provide for the payment of extra compensation to the Sheriff and Clerk of the Superior Court of Burke county, and for other purposes; also,
A bill to be entitled an act to confer power on the Ordinary of Douglas county ; also,
A bill to grant R. C. Mitchell & Co. certain privileges in making an abstract of the records of deeds and mortgages in the county of Fulton; also,
A bill to authorize the Board of Commissioners of Roads and Revenues of Floyd county to purchase one or more bridges on the Etowah and Oostanaula river at Rome, and for other purposes; also,
21

322

JOURNAL OF THE SEXATE,

A bill to create a Board of Commissioners for Worth county, and for other purposes; also,
A bill to amend section 829 of Code of the 1873; also, A bill to continue of force an act entitled an act to authorize the county of Dougherty, by its commissioners; to issue bonds of said county for thirty thousand dollars, and for other purposes ; also,
A bill to fix the amount of license for selling spirituous, intoxicating or malt liquors in the county of Charlton, and for other purposes ; also,
A bill for the relief of James M. Rouse, Seaborn M. Hunt, John Feron, Thomas J. Harris and John Odom, securities on the bond of H. H. Rouse, late Tax Collector of worth county; also,
A bill to make it penal for any person to use on any of the streams of this State any explosive or de~tructive substance for the purpose of killing fish; also,
A bill to fix the amount of license for selling or vending spirituous, intoxicating or malt liquors in the county of W cbster, and for other purposes; also,
A bill to change the time of holding the Superior Court in the county of Upson; also,
A bill to change the time of holding the Superior Courts in the county of Quitman; also,
A bill to prohibit the riding or driving of any horse or mule belonging to another without his consent, and for other purposes; also,
A bill to repeal an act to establish a Board of Commissioners of Revenue, Roads, Bridges and Paupers for the county of Murray; also,
A bill to put the liquor license in Montgomery county at not less than five thousand dollars; also,
A bill to authorize and require the proper officials of several counties of this State to provide for the doing of extraordinary work on the public roads; also,

AucusT 27, 1881.

323

A bill to amend section three of an act to incorporate the town of Clarksville in Habersham county.
A bill to amend section 4259 of the Code of Georgia; also,
A bill to incorporate the town of Rising Fawn in the county of Dade ; also,
A bill to amend an act prescribing the method of granting license to sell spirituous or intoxicating liquors or bitters in the town of Eastman and the county of Dodge ; also,
A bill to fix the license for retailing of spirituous liquors in the county of \Vashington, and for other purposes; also,
A bill to appropriate money for the purpose of enlarging the Lunatic Asylum of this State ; also,
A bill to incorporate the town of Pelham in the county of Mitchell; rilso,
A bill to amend the act of Februry 27, 1877, establishing a Board of Commissioners of Roads and Revenues f01 the county of Columbia; also,
A bill to allow the burning of the woods in Coffee county during a specified time; also,
A bill to prescribe the mode and manner of having lines and corners established around certain lots of land in Clinch county ; also,
sn, A bill to repeal so much of an act of February IO, I
as prevents any person or persons from seining for fish in in the waters of Sawannooche and Tom's creek, in the counties of Clinch and Echols, as relates to Clinch county; also,
A bill changing the time of holding the Superior Courts for the county of Clayton ; also,
A bill to provide for the issuing new bonds for the county of Clarke; also,
A bill to incorporate the Athens Mutual Insurance Company; also,

. JouR"'AL oF THE SENATE,
A bill to incorporate the Milltown Branch Railroad Company.
The House of Representatives has also concurred in the Senate's amendments to the following House bills, towit:
A bill incorporating the Skidaway Narrows Canal Company; also,
A bill to incorporate the City Bank of Augusta; also,
A bill to incorporate the Rome and Carrollton Railroad Company ; also,
A bill to incorporate the Augusta Savings Institution. The House of Representatives refuses to concur in the Senate's amendment to the following bills, to-wit:
A bill to amend an act entitled an act incorporating the National Mercantile Debt Assurance Company, approved October 17, 1879; also,
A bill to prohibit any person or persons keeping a barroom or other place where spirituous liquors are sold by retail, to be drank on the spot, from employing minors therein, and to prescribe a penalty therefor.
The House of Representatives has also agreed to the following joint resolutions, to wit:
A resolution authorizing the Commissioner of Agriculture to loan specimens of minerals and woods ; also,
A resolution according to Col. Charles C. Jones free access to the tecords and documents of the State for the purpose of compiling a history of Georgia.
Hon. W. E. Simmons, of the county of Gwinnett; Hon. J. B. Richardson, of Stewdrt county; Judge F. L. Little, of Hancock county; and Col. H. M. Reid, of Camp. bell county, were by resolution tendered seats on the floor of the Senate during their stay in this city.
The bill of the Senate to repeal section 3935 of the Revised Code of 1873, and to substitute therefor a different method of empanelling and filling juries in felony

AUGUST 27, I88r.
and other criminal cases, was read the second time and passed to a third reading.
The following bills of the House were read the second time and passed to a third reading, to-wit:
A bill to legalize the action of the Board of Commissioners of Roads and Revenues of the county of Douglas, changing the size and shape of the court house square in the town of Douglasville ; and
A bill to incorporate the town of Leary, in the county of Calhoun, to grant election powers and privileges to the said town, and for other purposes.
The following bills of the House were read the first time, .and referred to the Committee on Corporations, to-wit :
A bill to amend an act prescribing the method of granting license to sell spirituous or intoxicating liquors or intoxicating bitters in the town of Eastman and county of Dodge, and to fix the license therefor, and to prescribe a penalty for a violation of the requirements of this act, and for other purposes.
A bill to incorporate the town of Rising Fawn, in Dade county, and for other purposes.
A bill to incorporate the Mill Town Branch Railroad Company, and for other purposes.
A bill to fix the liquor license in the county of washington at twenty thousand dollars, in addition to the present restrictions on the statute books, etc.
A bill to authorize and require the proper officials of the several counties in this State to provide for the doing of extraordinary work on the public roads at the county expense, and for other purposes.
A bill to repeal section 3 of an act to amend an act to incorporate the town of Clarkesville, and for other purposes, approved December 9, 1871.
A bill to incorporate the town of Pelham, in the county <>f Mitchell, and provide a government for the same.

326

}OUR;.l'AL OF THE SE:IrATE,

A bill to incorporate the Athens Mutual Insurance Company.
Mr. Mc\Vhorter, chairman of the Enrolling Committee submitted the following report:
Mr. Ptest'dent:
The Committee on Enrollment report as duly enrolled and ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit :
An act to amend section 4549 pf the Code of 1873; also, An act to amend section 1950 of the Code of 1873; also, An act to incorporate the Merchants' and Planters' Steamboat Company; also, An act to incorporate the City Bank of Augusta; also, An act to incorporate the Rome and Carrollton Railroad Company; also, An act to incorporate the Vernon and Ogeechee Canal Company ; also, An act amending an act incorporating the Augusta Savings Institute ; also, An act making it a misdemeanor for any person to set fire to woods of another in the county of Clinch; also, An act to authorize the Board of County Commissioners of the county of Mitchell to levy a tax for certain purposes ; also, An act to authorize the Governor to draw his warrant on the Treasury for the payment of certain money to H. P. Hammett ; also, An act to amend the several laws incorporating the city of Milledgeville ; also, An act to incorporate the Skidaway Narrows Canal Company; also, An act amending an act incorporating the town of West End; also, . An act to incorporate the Cleveland and Lula Railroad Company; also,

AC'GCST 27, 1881.
An act to amend an act incorporating the town of Quitman in the county of Brooks.
R. L. McvVHORTER, C!tairman.
The following bills of the House were read the first time, and referred to the Committee on the Judiciary, to-wit:
A bill to prohibit the riding or driving of any horse or mule belonging to another without his consent, and to provide a punishment therefor.
A bill to put the liquor license in Montgomery county at not less than five thousand dollars.
A bill to repeal an act to establish a Board of Commissioners of Revenue, Roads and Bridges and Paupers for the county of Murray.
A bill to amend section 4257 of the Code of Georgia in reference to the service of bills of exceptions.
A bill to allow the burning of the woods in the county of Coffee from the tenth day of February until the fifteenth day of April, in each and every year, and for other purposes.
A bill to prescribe the mode and manner of having the lines and corners established around certain lots of land in Clinch county, where the same have been granted by the State but no lines or corners were ever run and established by the State, and for other purposes.
A bill to repeal so much of an act to prevent any person or persons from seining for fish in the waters of the Suwannoochee and Tom's creeks, in the counties of Clinch and Echols, as relates to Clinch county.
A bill to change the time of holding the Superior Courts for the county of Clayton, and for other purposes.
A bill to grant to R. C. Mitchell & Co. certain privileges in making an abstract of the records of deeds and mortgages in the county of Fulton.
A bill to make it penal for any person to use on any of

JouR~AL oF.THE SENATE,
the streams of this State any explosive or destructive substance for the purpose of killing fish.
A bill to confer power on the Ordinary of the county of
Douglas to erect gates across public and private roads in .said county, and for other purposes.
A bill to change the time of holding the Superior Courts in the county of Quitman.
A bill to change the time of holding the Superior Courts in the county of Upson.
A bill to amend section 829 of the Code of I 873, and to regulate the returns of tax on plantations through which ,<:ounty lines run.
A bill to fix the license for selling spirituous liquors, etc., in the county of Webster, etc. ; and
A bill to fix the amount of license for selling intoxi<:ating liquors in the county of Charlton, etc.
The following bills of the House were read the first time, and referred to the Committee on Finance, to-wit:
A bill to continue in force an act authorizing the Co;nmissioners of Dougherty county to issue bonds of said county, etc.' approved September IO, I 879
A bill to amend an act to establish a Board of County Commissioners for the county of Columbia, and to define the powers and duties thereof, approved February 27, 1877, so as to allow said board to elect their own clerk.
A bill to create a Board of Commissions for Worth county, define their powers and duties, and for other purposes.
A bill to appropriate money for the purpose of en1arging the Lunatic Asylum of this State, and for other purposes.
A bill to provide for issuing new bonds of the county of Clarke, to take up the outstanding indebtedness of the county.
A bill for the relief of James M. Rowe, Seaborn l\'I.

At:GUST 2J, I8-8r.
Hunt, John Feron, Thos. J. Harris and John Odom, secu rities on the bond of H. H. Rouse, late Tax Collector of Worth county.
A bill to authorize the Commissioners of Roads and Revenues of Floyd county to purchase one or more bridges on the Etowah and Oostanaula rivers at Rome, and to issue bonds to pay for the same, etc. ; and
A bill to provide payment of extra compensation to the Sheriff and Clerk of the Superior Court of Burke county for services during the terms of the Superior Court of said county.
The resolution of the House to authorize the Commissioners of Agriculture to loan~ pecimens of minerals and woods was read the first time, and referred to the Com mittee on Agriculture.
The resolution of the House according certain privileges to Colonel Charles C. Jones of Augusta was read the first time and referred to the Committee on the State Library.
The report of the Committee on Rules, which was spread in full on the Journal of yesterday, was on motion, taken up and concurred in.
Under ,t suspension of the rules, Mr. Hawes introduced a bill to provide for the better inspection, management and control of the convicts of this State.
The same was read the first time, and referred to the Committee on the Penitentiary.
Mr. Guerry offered the following resolution, which was taken up, read and agreed to, and referred to the Committee on Finance, to-wit:
Resolved, That the Standing Committee on Finance be requested to inquire into and report on the advisability of suspending, for some reasonable period of time, the collection of all or some portion of the State tax for the year 1881.
The Senate took up the report of the Committee on the

330

jOURNAL OF THE SENATE,

Tudiciary on the bill of the House to fix the times of holding the courts in the various counties composing the Northeastern Judicial Circuit of this State, and for other purposes.
The report, which was favorable, was agreed to. The bill was read the third time and passed, by a constitutional majority, there being ayes, 27; nays, o. The Senate adjourned, on motion until 10 o'clock A. M., Monday.

SENATE CHAMBER, ATLANTA, GA., Monday, August 29, 188 I, 10 o'clock A. M.

The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Rev. J. \V. Heidt, D. D., Chaplain of the Senate.
On the call of the roll, the following Senators answered to their names, to-wit:

Baker, Barksdale, Brown, Bond, Butt, Carter, Denmark, Fouche, Gorman, Guerry, Harris,

Harrell, Hawes, Hackett, Hicks, Jordan, Johnson, King, l\IcDaniel, Meldrim, Moseley, Parks,

Payne, Price, Reid, Smith of the 23d, Treadwell, westbrook, Wilson, Winn, Woodward,
MR. PRESIDENT.

The Journal was read and approved.

On motion of Mr. Payne, so much of the Journal of Saturday was reconsidered, as relates)o the passage of the bill of the House to fix the time for holding the Superior Court in the several counties composing the Northeastern Judicial Circuit of this State, and for other purposes.

Mr. McDaniel, chairman of the Committee on the Judiciary; Mr. Price, chairman of the Committee on Education, and also as chairman of the Special Committee on Temperance, made reports on bills submitted to their several committees.

33I
Mr. Gorman, chairman pro tem. of the Enrolling Committee, submitted the following report:
Mr. President:
The Committee on Enrollment report as duly enrolled and ready for the signatures of the President and Secretary of the Senate, the following act, to-wit:
An act to amend an act incorporating the town of Elberton.
W. R. Goi<~IAN, C!taimzmz pro tcm.
On motion of Mr. Jordan, the Senate took up and unanimously recommended the bill of the Honse to authorize the corporation of Sandersville to levy a tax for the purpose of establishing and maintaining public schools in said city, and for other purposes.
This bill having been passed by the General A::sembly and transmitted to the Governor was returned by him, in compliance with a joint resolution, for the purpose of supplying a defect in the bill as originally passed.
Mr. Butt offered a privileged resolution, which was taken up and agreed to, inviting the Hon. C. R. Russell of Muscogee county, to a seat on the floor of the Senate.
The following message was received from the House of Representatives, through Mr. Harden, the clerk thereof.
}1.-fr. President:
The House of Representatives has passed the following bills, to-wit:
A bill to repeal the act approved February 23, r866, to authorize Justices of the Inferior Court of Bartow county to compromise the bonds of said county, and for other purposes ; also,
A bill to fix the amount of license for selling spirituous in the county of Charlton; also,
A bill to amend an act entitled an act to create a Board of Commissioners of Roads and Revenues for the county of Chattooga ; also,

332

JouRNAL oF THE SENATE,

A bill to repeal the act of 18th February, 1854, to incorporate the town of Palmetto, and for other purposes; also,
A bill to amend the charter of the Savannah, Florida and Western Railroad Company; also,
A bill to regulate the sale of spirituous liquors in the county of Gwinnett; also,
A bill to regulate the practice in the Supreme Court of Georgia ; also,
A bill to alter and amend the corporate limits of the town of Bowdon, in the county of Carroll.
The House of Representatives has also agreed to the following resolutions, to-wit:
A resolution to pay the heirs of A. J. Hansell and J. M. Wilcox, late members of the House of Representatives, per diem for this session, also,
A resolution granting authority to W. H. Harrison to publish the acts of this session ; also,
A resolution in reference to application of proceeds of sale of State property.
Mr. Smith of the Twenty-third District, offered a privileged resolution, which was read and agreed to, inviting Col. John F. Hobbs, of Columbia, S. C., to a seat on the floor of the Senate.
The Senate took up the specie! order for this hour, towit: the bill of the Senate to incorporate railroad companies in this State, and to prescribe the powers, rights, duties and liabilities of the same, the same being on its third reading, under favorable report of the Committee on Railroads and "Internal Improvements.
On motion of Mr. Fouche, the report was amended as follows:
I. Amend section I by inserting between the words, "corporation" and '' ~nd" the words, '' which shall not be less than five thousand dollars per mile of the proposed railroad."

AUGt.IST 29, 1881.

333-

2. Amend section 1 further by striking out the words, "any other matter that may be desirable in the organic law of the company."
3 Amend section 2 by striking out th~ word, "application," and inserting in lieu thereof the word, " declaration."

4 Amend section 9 by striking out the word, " perpetual," and by inserting after the word, " succession," the following words, "For the term of thirty years, with the right of renewal at the expiration of said term, upon such terms as may be provided by law."
Section 10 of the report was amended, on motion of Mr. Winn, by adding thereto the following: " All bonds and mortgages issued shall be reported within three months of date of issue, to the Secretary of State, and said report shall be recorded in his office."

On motion of Mr. Fouche, section 10 was further amended by adding: ''Provided, that no company organ_ ized under this act shall issue bonds to a greater amount than three-fourths of the value of work and material actually placed upon their railroads."

On motion of :\Ir. McDaniel, section 20 was amended by striking out the word ''three," and inserting "one." After the word "time," in the fifth line, add '' or fail to commence in good faith, the construction of such road within one year after organization, as herein provided."
Mr. Guerry proposed to amend section 25 by substituting the following, in lieu thereo[:
Be it furt!ter enacted, That no proceedings shall be instituted for the condemnation of property under this act until the General Assembly, with the approval of the Governor, shall have granted permission for such purpose, and shall have designated the terminal point of the railroad to be constructed.
The amendment was lost.

334

JouRNAL oF THE SEKATE,

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, 3
By resolution of Mr. Fouche, the same was ordered to be transmitted at once to the House of Representatives.
The Senate took up, as a special order of this day, the bill of the House to provide for the better inspection, management and control of the convicts of this State, the same being reported upon adversely by a majority of th_' Committee on the Penitentiary, and favorably by a minor ity thereof, the pending motion being the proposition to

substitute the minority for the majority report.

The same was not agreed to.

The question recurring upon the adoption of the adverse report of the majority of said committee, Mr. Wilson

demanded the ayes and nays.

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

Baker, Barksdale, Brown, Bond, Butt, Carter, Denmark, Fouche, Gorman,

Guerry, Harris, Harrell, Hawes, Hackett, Hicks, Johnson, King,

:\loseley, Parks, Payne, Price, Smith of the 23d, Treadwell, Wilson, Woodward.

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

Jordan, :McDaniel,

Meldrim, Reid,

Westbrook.

Ayes, 25. Nays, 5

So the adverse report was agreed to, and the bill was

therefore lost.

Leave of absence was granted Mr. Suddath for to-day

on account of sickness in his family, and to Mr. Duggar

for to-day and to-morrow.

On the call of the roll, the following bills were intro-

duced, read the first time and referred to the Committee

on the Judiciary, to-wit:

By Mr. Butt-

AuGUST 30, 188r.

335

A bill to authorize the rulings of Justices of the Peace and Notaries Public, who are exoJficio Justices of the Peace, while sitting as a Committing Court to be reviewed by certiorari.
By Mr. HarrisA bill to amend section 1377 of the Code of 1873 Mr. Hicks offered the following resolution, which was read:

Resobed, That, commencing with Tuesday, the 30th inst., the Senate meet at 9 o'clock, A. ~1., instead of 10, as heretofore.

The hour of adjournment having arrived, the President declared the Senate adjourned until Io o'clock A. M., tomorrow.

SENATE CHAMBER, ATLA:\TA, GA., Tuesday, August 30, r881, 10 o'clock A. M.

The Senate met pursuant to adjournment, the President
in the chair.
Prayer was offered by the Rev. J. vV. Heidt, D. D.,
Chaplain of the Senate.

On the call of the roll, the following Senators answered

to their names, to wit;

Baggs, B!tker, Barksdale,
Brown, Bond, Butt, Byrd, CDeanrtme~rrk, Fouche, Gorman, Guerry,
Harris,

Harrell, Hawes Hackett, Hicks, Jordan, Johns m, King, iHcDaniel. l\lattox,
Me Whorter, :\leldrim, Moseley, Neal,

Parks, Payne, Price, Smith of the li'ith, Smith of the 23d, Storey, Treadwell, Westbrook, Wilson, Winn, Woodward,
:\!R. PRESIDEYT.

The Journal was read and approved.

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

JouRNAL .oF THE SENATE,
.1Wr. Ptesident:
The House of Representatives has passed the following bills, to-wit:
A bill to amend an act 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 other purposes; also,
A bill to incorporate the Athens Mutual Insurance Company; also,
A bill to increase the license for selling intoxicating liquors in any quantity in the county of Camden; also,
A bill to repeal all the laws concerning the registration of votes in Cainden county; also,
A bill to be entitled an act to prescribe the mode of equity practice in certain cases; also,
A bill to authorize the Mayor and Council of the City of Macon to submit to voters the question of purchasing the Holdridge property for school purposes; also,
A bill to authorize the Mayor and Council of the City of Macon to submit to the qualified voters of said city, the question of making a contract with the City of Macon, gas light and water company, and for other purpose!"; also,
A bill to require clerks of the Superior and City Courts to make immediate record of certain original papers filed in said courts; also,
A bill to relieve Elder James \V. Howard and Deacons D. :VI. Morris, and \Vesley H. Tice of the second Baptist Church of the City of Columbus, and for other purposes; also;
A bill to make plain the bounds and limits of the militia districts of Chatham county ; also,
A bill to confer police powers upon conductors of Railway trains in this State carrying passengers, and for other purposes; also,
A bill to amend the several acts of February 27, 1879,

AVGUST 30, 188 I.

337

and October 3, 1879, in reference to the road laws of Fulton county and for other purposes; also,
A bill to prohibit the sale of spirituous liquors in Glyntt county, except for medical purposes; also,
A bill to incorporate the town of Buchanan, in the coun ty of Harralson, and for other purposes; also,
A bill to amend an act, entitled an act to alter and amend the several acts incorporating the City of Macon, approved December 27, 1847.
On motion of Mr. McWhorter, the special order of the morning was discharged for the present, when the Senate reconsidered by a unanimous vote the bill of the House to prohibit the buying and selling, delivering and receiving of any farm products therein specified, between sunset and sunrise in the county of Bibb, and to prescribe the puni~ ment therefor, and for other purposes.
This bill was passed by the Senate on the 4th instant, and having been transmitted to the House, was returned by that body to the Senate, in compliance with a resolution to that effect, for the purpose of supplying a defi ciency therein by way of amendment.

On motion of Mr. McWhorter, the report of the Committee on Agriculture on said bill was taken up.

Said committee reported in favor of its passage with the following amendments :

Insert after the word Bibb, in the fifth line of the caption, the words, '' withqut the limits of the City of Macon ;" also, add at the close of section I, the words, " without the limits of the City of Macon."

The report was agreed to. The bill having been read the third time was passed, as amended, by a constitutional majority, there being ayes, 27_; nays, o. On motion of Mr. Jordan, the Senate took up the re-
22

JOURNAL OF THE SENATE,
port of the Committee on Education on the reconsidered bill of the House to authorize the corporation of the City of Sandersville to levy a tax for the purpose of establishing and maintaining public schools in said city, and for other purposes.
Said committee recommended the passage of the bill.
On motion of Mr. Jordan, the report was amended by adding the following at the close of the fifth section thereof, to wit:
But no tax shall be levied and collected under and by virtue of this act unless the question has been first submitted to the qualified voters, resident within the corporate limits of said City of Sandersville, and two-thirds of the same have voted " for taxation." All such elections shall be conducted as other elections are now held in said city for corporate officers, and voters shall have written or printed on their ballots, ''for taxation" or '' against taxation." If two-thirds of such voters do no~ vote in favor of the proposed taxation, it shall not be legal to have anotherelection upon this subject until after the expiration of two years from the date of said last election.
The report, as amended, was agreed to.
The bill having been read the third time was passed, as amended, by a constitutional majority, there being ayes, 26; nays, o.
Leave of absence was granted Mr. Reid for this day. Mr. Hackett, chairman of the Committee on the Penitentiary; Mr. McDaniel, chairman. of the Committee on the Judiciary; Mr. Winn, chairman of the Committee on Corporations; Mr. Fouche, chairman of the Committee on Finance, and Mr. Parks, chairman of the Committee on the State Library, made reports for their respective committees on matter referred thereto.
By resolution Hon, L. M. Felton, of the county of Macon; Hon. H. G. Turner, of the county of Brooks; L. A.

AUGUST 30, I88I.

349

Dean, Esq., of the county of Floyd ; and Col. Richard Maltbie, of the State of Texas, were invited to seats in the Senate during their stay in this city.
On motion of Mr~ Winn, the Senate took up the special order for the morning, to-wit:

The bill of the House to require railroad companies of this State to return their property for taxation by the counties of this State ; to prescribe the mode of making such returns, and for other purposes connected therewith.

The Committee on Internal Improvements and Railroads reported in favor of the passage of the bill by sub-

stitute, which is a bill to provide for the taxation of the property of railroad companies of this State for county purposes.

The substitute was adopted.

On the question of agreeing to the report of the committee, the ayes and nays were, on motion of Mr. Guerry, ordered to be recorded.

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

Baker, Barksdale, Brown, Bond, Butt, Carter, Denmark, Fouche, Gorman,

Guerry, Hanis, Harrell, Hackett, Hicks, Jordan, McD<1niel, Mattox, Mc\Vhorter,

Moseley, Neal, Parks, Payne, Smith of the 23d, Storey, Treadwell, Westbrook, Wilson.

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

Baggs, Byrd, Hawes, Johnson,

King, Meldrim, Price,

Smith of the 15th, 'Winn, Woouward.

Ayes, 27. Nays, ro.

So the report was agreed to.

The question recurring upon the passage of the bill, which was read the third time, as amended, the ayes and nays were required to be recorded.

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

340

JouRNAL OF THE SENATE,

Baker, Barksdale, Brown,
Denmark,
Fouche, Gorman, Guerry,

Hackett, Hicks, McDaniel,
Mattox,
Moseley, Neal, Parks,

Payne,
Smith of the 23d, Storey, Treadwell,
Westbrook, Wilson.

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

Baggs,
Bond, Byrd, Garter.
Harris, Harrell,

Hawes, Jordan, .Johnson. King,
McWhorter,

Meldrim, Price, Smith of the 15th, Winn,
Woodward.

Ayes, 20. Nays, 16.

So bill not having received a constitutional majority, was lost.

Mr. Guerry gave notice of a motion to reconsider.

The Senate, on motion, adjourned until 10 o'clock A. M., to-morrow.

SENATE CHAMBER, ATLANTA, GA., Wednesday, August 31, 188r, ro o'clock A.M.

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

Prayer was offered by the Rev. J. W. Heidt, D. D., Chaplain of the Senate.
On the call of the roll, the following Senators answered to their nc1mes, to-wit :

Baggs,
Baker, Barksdale,
Brown,
Bond, Butt,
Byrd, Carter,
Curtis,
Denmark,
Dug~ar,
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, Treadwell, Westbrook, Wilson, Winn, Woodward,
MR. PRESIDENT.

The Journal was read and approved.

AUGUST 31, I88I.

341

Mr. Guerry moved a reconsideration of so much of the Journal of yesterday as relates to the refusal of the Senate to pass the bill of the House to require railroad companies of this State to return the property for taxation by the counties of this State ; to prescribe the mode of making such returns; and for other purposes connected therewith.
On this proposition, Mr. McDaniel required the ayes and nays to be recorded.
Those who voted in the affirmative are, to-wit-Messrs.

Baker, Barksdale, Butt, Denmark, Fouche, -Gorman,

Guerry, Hackett, Hicks, McDaniel, Mattox, Moseley,

Neal, Parks, Payne,
Treadwell, Westbrook, Wilson.

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

Baggs, Brown, Bond, Byrd, Carter, Curtis, Duggar, Harris,

Ho~rrell,
Hawes, Jordan, Johnson, King, :McWhorter, Meldrim,

Price, Reid, Smith of the 5th, Smith of the 15th, Smith of the 23d, Wiun,
'Voodward.

Ayes, 18. Nays, 22.

So the motion to reconsider did not prevail. On motion of Mr. Denmark, the rules were suspended and the bill of the House to amend the charter of the Savannah, Florida and Western Railroad Company, and for other purposes, was taken up, read the first time, and referred to the Committee on Corporations.

On motion of Mr. Price, the rules were suspended and the Senate took up the report of the Judiciary Committee on the reconsidered bills of the House to fix the times of holding the courts in the various counties composing the Northeastern Judicial Circuit of this State, and for other purposes.
The report of said committee, which was favorable to the passage of the bill, was amended, on motion of Mr. Curtis by adding the following to the third section thereof:

342

JouRNAL o~ THE SENATE,

"And of Rabun County Superior Court on the fourth Monday in November."
The report as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 34; nays, o. Mr. McWhorter, chairman of the Committee on Enrollment, submitted the following report :

Mr. Presidml :

The Committee on Enrollment report as duly enrolled,

signed by the Speaker of the House of Representatives,.

and ready for the signature of the President of the Senate~

the following acts, to-wit :

An act for the relief of the estate of John Caldwell, de-

ceased, etc. ; also,

An act fixing the license fee for the sale of spirituous,

intoxicating and malt liquors in the county of Clinch, at

fifteen hundred dollars, etc. ; also,

An act to prohibit the sale of spirituous, intoxicating

and malt liquors in the town of Stockton, Clinch county;

also,



An act to transferthe county of Bulloch from the Eastern to the Middle Judicial Circuit.
R. L. McWHORTER, Clzaziman.

The following message was received from the House of Representatives through Mr. Hardin, the clerk:

Mr. Presziient:

The House of Representatives has passed the following bills, to-wit:
A bill to appropriate money to refund double taxes illegally collected from the Home Insurance Company of New York ; also,
A bill to appropriate money to refund double taxes illegally collected from the Underwriters Agency of New York; also,
A bill to provide for the keeping of a record in each

AuGuST 3I, I88r.

343

county of this State of the wild lands lying and being therein ; also,
A bill to provide for the registration of voters in the town of Eastman, Dodge county, and for other purposes; also,
A bill to authorize the city of Americus to appropriate certain moneys for school purposes; also,
A bill to change section I 7 I I of the Code of I 873 ; also,
A bill to regulate the paying of public school teachers; also,
A bill to amend the several acts incorporating the town. of Dahlonega, in the county of Lumpkin; also,
A bill to be entitled an act to incorporate the Dahlonega Savings Bank ; also,
A _bill to change the times of holding the Superior Courts of Macon county of this State; also,
A bill to change the time of holding the Superior Courts of the county of Marion, and for other purposes.
On motion of Mr. Parks, the rules were suspended, and he introduced a bill to change the term of office of the State Librarian, which was read the first time, and referred to the Committee on the State Library.
The hour of IO o'clock and 30 minutes having arrived, the Senate took up the special order for that period, it being the report of the Committee on Internal Improvements and Railroads, on the bill of the House to incorporate the Cincinnati and Georgia Railroad Company, and to define its rights, powers and privileges, and f~r other purposes.
The said committee reported in favor of the passage of the passage of the bill.
Mr. McDonald moved to amend the report as follows, to-wit:
Amend section IO by striking out the words ''and may run over any part of any other railroad or railroads, or its or their right of way," and inserting in lieu thereof, the

344

JouRNAL OF THE SENATE,

words ''and may run over any part of the right of way of any other railroad or railroads." In the sixth line strike out the words ''such part of any such railroad, or its," and insert in lieu thereof the words " such part of the right of way of any such railroad," in the ninth and tenth lines. Strike out the words ''or the use of more than three miles of track," in the fifteenth and sixteenth lines.
Amend section I I as follows :
Strike out the words, '' or tracks," in the seventh line ; also, the words, '' or tracks," in the twelfth line; also, the words, ''or track," in the fifteenth or sixteenth lines; also, the words, "or tracks," in the twenty-third line; also, the words, ''and of such track sought to be used," in the thirty-second line; also, the words, " right to use such track," in the thirty-fifth line ; also, the words, ''or track," in the thirty-seventh line; also, the words, "or right to use such track," in the forty-eighth line; also, the words, "and right to use such track," in the sixty-sixth line.
Mr. McDaniel moved to amend the report further, by adding the following, to be known as section I 2, the numbers of the original sections to be changed in conformity with this amendment, to-wit :
Section 12. That to enable said corporation to reach its freight depot, or the general or union, or common passenger depot, in any city as aforesaid, should it be necessary to run over any part of the track of any railroad or railroads, and to acquire the right to use the same, said corporation may acquire such right by contract, lease or purchase. In the event of failure to do so, said corporation may tender to any railroad company owning the track sought to be used, an arbitration to determine the nature and extent of the rights and privileges necessary or proper to be acquired therein or thereupon, for the purposes aforesaid, and the manner of exercising or usiug such rights andJprivileges,_and:the:reasonable and just compen-

AUGVST 31, 1881.

345

sation to be paid, but with no power to deny said corpo-

ration the right to the substantial use of said track there-

for. The arbitration, if accepted, shall be composed of

three arbitrators, one of whom shall be chosen by each of

the parties, and one by the arbitrators chosen by tht> par-

ties. The award shall be made within thirty days from

the tender of arbitration, unless by consent a longer time

is provided, and shall be filed in the office of Clerk of the

Superior Court of the county where the track in question

is located, to be recorded, and thereafter to have the force

.and effect of a judgment or decree of the Superior Court

of said county. In the event of failure to make an award

within the time herein provided for, or immediately upon

refusal of the company owning such track to accept arbi-

tration, and enter upon the same, said corporation may

withdraw from the arbitration, and submit the same ques

tions to the Railroad Commissioners of this State, whose

duty it shall be to provide for notice to the opposite

party, and to hear and determine the questions within

thirty days, unless otherwise provided by consent, and

their award, when made, shall be filed in the office of the

Clerk of the Superior Court, as aforesaid, and recorded,

and shall have the effect of the judgment or decree afore-

said.

Upon compliance, or tender of compliance, with the

terms and requirements of such award of arbitrators, or

award of the Railroad Commissioners, as the case may

be, said corporation shall have the right to enter upon and

use said track as provided by said award.

But either party may enter an appeal from the award of

arbitrators, or award of the Railroad Commissioners, as

provided in the eleventh section of this act, in cases of

condemnation of other property; provided, an appeal by

either party shall not prevent said corporation from enter-

ing upon and using said property as aforesaid, but their

use and rights therein or thereupon, shall be held subject

to the final judgment in the case.

JOURNAL OF THE SENATE,

In the event of a failure of said Railroad Commissioners, by reason of disability or otherwise, without fault on the part of said corporation, to make an award as herein

provided, said corporation may acquire the right to use the track of any railroad company for the purposes afore-

said, by condemnation, in the manner and on the terms provided in the eleventh section of this act for the condemnation of rights of way on lands.
Pending discussion of this proposition, the time of the was extended until half-past one o'clock P. M., whereupon Mr. Butt moved that the Senate adjourn until 3 o'clock

P. M., this day, and on this motion required the ayes and nays to be recorded.

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

Barksdale, Brown,
Bu,t, Byrd, Denmark, Gorman,

Hackett,
McDaniel, :Mattox, l\Ic Whorter, Meldrim,

Moseley, Payne, Price, Treadwell. Woodward.

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

Baggs, Baker,
Bond,
Carter, Curtis,
Duggar, FouchE',
Guerry,

Harns, Hawes,
HickF,
Jordan, Johnson,
King, Neal,
Parks,

Reid, Smith of the 5th, ~mith of the 15th,
Smith of the 23d, ::-;torey,
Westbrook, Wilson.
Winn.

Ayes, 16. Nays, 24.

So the motion to adjourn did not prevail.

The proposed amendments of Mr. McDaniel were submitted to a vote of the Senate, and on the question of

their adoption, the ayes and nays were required to be recorded.

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

Barksdale, Brown,
Butt, Dtnmark, Hackett,
Johnson,

McDaniel, Mattox, McWhnrter, Meldrim, Moseley,

Payne, Price, Storey,
Treadwell, Woodward.

SEPTEMBER I' I 88 I.

347

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

Baggs, Baker, Bond, Byrd, Carter, Curtis, Duggar, Fouche, Gorman,

Guerry, Harris, Harrell, Hawes, Hicks, Jordan, Neal, Parks,

Reid, Smith of the 5th, flmith of the 15th, Smith of the 23d, Storey, "-'est brook,
Wil~on,
Winn.

Ayes, r6. Nays, 25.

So the amendments were not adopted.

The report of the committee was agreed to.

Proof of due legal notice of intention to apply for the passage of this bill was submitted to the Senate.
on The bill was read the third time, and the question of

its passage, Mr. Guerry required the ayes and nays to be recorded.

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

Baggs, BakPr, Barksdale, Brown, Bond, Byrd, Carter, Curtis, Denmark, Duggar, Fouche, Gorman,

Guerry, Harris, Harrell, Hawes, Hicks, Jordan, Johnson, Kh g, :McDaniel, 1\Iattox, Me Whorter, Moseley,

Neal, Parks, Price, Reid, Smith of the 5th, Smith of the 15th, Smith of the 23d, Storey,
we~tbrook,
Wilson, Winn. Woodward.

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

Butt, Hackett,

1\leldrim,

Treadwell.

Ayes, 36. Nays, 4 So the bill was passed by a con~titutional majority.

The Senate adjourned, on motion, until IO o'clock

A. M., to-morrow.

SENATE CHAMBER, ATLANTA, GA., Thursday, September, 1, 1881, IO o'clock A. M. The Senate met pursuant to adjournment, the President in the chair.

JOURNAL OF THE SENATE,

Prayer by the Rev. John W. Heidt, D. D ., Chaplain of

the Senate.

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,
Jordan, Johnson,
McDaniel, Me Whorter, Meldrim,
Moseley,
Neal,

Parks, Payne, Price, Reid, Smith, of the 5th, Smith of the 15th, Smith of the 23d,
Storey, Treadwell, Wilson, Winn,
Woodward, MR. PRESIDENT.

The Journal was read and approved.

On motion of Mr. Payne, he was permitted to have his

name recorded in the affirmative on the bill passed yester-

day, ''to incorporate the Georgia and Cincinnati Railroad

Company.

Mr. Bond, chairman of the Committee on the Deaf and

Dumb Asylum, submitted the following report, which was

read, and three hundred copies thereof ordered to be printed

for use of the Senate.

To the Preszdmt of t!te Senate and Speaker of t!te House of Representati-ves:
Your Joint Committee, or rather the two committees, on the Deaf and Dumb Asylum, from the Senate and from the House, acting conjointly, respectfully submit the following report, viz :
They have, at the present session of the General Assembly, and within the past few weeks, visited and personally inspected the buildings and property of the Georgia Institute for the Education of the Deaf and Dumb, located at Cave Spring, in the county of Floyd. Your committee were greatly pleased and well satisfied with the result of their investigations, and with all that came under our observation during our stay at the institution. The officers

SEPTEMBER I, J88I.

349

in charge of the Asylum are faithful and efficient, and the State may be congratulated on the fact that the present officials of the institution exercise a continual superintendence of the health, manners and morals of the pupils committed to their charge.
The Princi}Jal is Mr. wesley 0. Conor, and your committee believe that they can state with confidence that the interests of the Asylum, under his supervision and direction, are and will be constantly guarded and properly managed. The assistant instructors are capable and well chosen, and, together with the excellent and able Principal, they constitute a splendid corps of teachers, and fill their several positions with fidelity and most satisfactorily. vVe examined the books, the accounts and vouchers of the Secretary and Treasurer and Principal, and the accuracy, the splendid method and perfect system with which they are kept by these officers reflect great credit upon them, and your committee were most favorably impressed with the fairness and correctness of his accounts and all vouchers.
Mrs. :M. L. Bond, the Matron at the instit.ution, deserves most favorable commendation from your committee, and the responsible and important station which this lady occupies, guarantees and assures that the domestic affairs of the Asylum are in safe hands, and are being most admirably conducted, in every respect. We are advised and believe that the pupils have observed proper decorum, and that it has seldom been necessary to resort to harsh measures to enforce obedience to the rules of the institution, and the strict discipline which is maintained in all its departments. vVe are informed that the health of the pupils has been excellent, and, judging from the sanitary precautions and the healthful locality of the Asylum, we can conjecture no cause why the pupils should not continue to enjoy good health, unless it be owing to the fact that "the wooden drains are in a state of decay, and need renewing."
Your committee would urge the necessity for attending

350

] OURNAL OF THE SENATE,

to this at an early day, and they believe it to be a matter of great moment that the system of drainage at the institution be improved, and they recommend that this subject of proper drainage be immediately attended to and carried out. "Delays are dangerous," and, in this case, delay may be fraught with great danger to health and imperil the lives of the inmates of the Asylum.
Your committee found the various buildings and grounds to be in tolerably good condition, but needing some repairs, which must be made. The inclosures.and fences are in an exceedingly bad state, and must be replaced with new. In fact, the fences which enclose the beautiful green sward and garden have almost rotted down, and the same are not really sufficient to protect the property from the inroads and depredations of cattle and hogs. Your committee earnestly andurgently recommend that provision should be made at once by the General Assembly; and to accomplish this, and to effectuallly and properly establish an adequate system of underground drainage, your committee recommend the expenditure and appropriation of $I,OOO.oo, or so much thereof as may be found necessary.
Upon our inspection and examination of the interior of the institution, we found the rooms plainly, neatly, yet comfortable fitted up with suitable furniture, and the beds supplied with clean and necessary materials. The pupils are supplied with ample water facilities in their O\Vn rooms, and bath rooms are well arranged.
There is an imperative necessity for more room at the Asylum-the crowded condition of the dormitories, school room, dining room, and shops, was \'cry evident to us all who examined them, and especially is this true as respects the dormitories, in which as many as a dozen or more pupils are forced to sleep in apartments twenty by twentyfive feet in dimensions. We are apprehensive that this crowded state of the pupils will prove deleterious to their health, and we do not think that this crowded condition

SEPTEMBER 1, 188r.

351

of these dormitories should be longer allowed. We are advised and believed that no expenditure of money or appropriation to the. Asylum for building purposes has been made since the year 1857, at which date the attendance of pupils was not more than forty, whereas, within the past year, the institution has been compelled to provide for an average of sixty-five pupils.

Your committee are of the opinion that by an expenditure of about Ss,ooo oo, a suitable building for a school room and chapel can be erected, and thus release the space now occupied for school purposes in the present building, and in this way supply the wants of the institution, and provide ample room for a sufficiency of suitable and comfortable sleeping apartments for the pupils. Your committee do therefore recommend that the sum of $5,000 oo (or so much thereof as may be found absolutely necessary) be appropriated for the purpose of constructing a suitable school room and chapel to be erected at some convenient and appropriate spot nn the grounds of the institution, to be selected by the Board of Trustrees and the Principal.
There is a matter in this conne.ction to which your Committee deem it eminently proper for them to allude, and to which they desire to direct the attention of the General Assembly. It is in regard to the second quarter's (1881) appropriation for the support of the institution, which was lost by the failure of the Bank of Rome, in the month of March last past. The facts are these: On the 14th day of January last, the State Treasurer delivered to Mr. S. C. Trout, Secretary and Treasurer of the Asylum, a sight check for S3,750.00 drawn on the Bank of Rome, and payable to the order of said S. C. Trout, Secretary and Treasurer; this check was carried by said Trout to said Bank of Rome, and, as he stated to your committee, he regarded said bank as being perfectly solvent and safe, as the same was at that time one of the State depositories, and instead of having said draft paid at that time, and taking said

352

JouRNAL OF THE SENATE,

money into his own custody, he concluded it would be proper and safe to allow said fund to remain in the possession and vaults of said bank, the sa.me to be drawn out as the necessities of the institution shculd require; accordingly, he delivered said draft to said bank, and the same was placed to the credit of said Trout, as Secretary and Treasurer of the State Institution for the Education of theDeaf and Dumb, upon the books of said bank. Between the time of the delivery of said draft to the bank and thedate of said bank's failure, the said Trout, as Treasurer, drew out to meet the demands and wants of the Asylum, the sum of $416 oo, leaving in the custody of said bank at the time of its failure and suspension the amount of $3,334 oo standing upon the said bank to the credit of said Trout as Secretary and Treasurer of the State Deaf and Dumb Asylum.
Your committee are of the opinion that said sum of $3,334 oo is in fact and in equity, a debt due and owing to the State, inasmuch as ~aid bank had never paid the draft drawn upon it by the State Treasurer, as before herein recited, and they would very respectfully suggest to the Honorable the Attorney-General of this State, that he use his ability and best efforts to collect from said bank the said sum of $3,334 oo, as a debt due to the State, and, if the same can be collected, that the sum be paid into the Tre<>sury of the State, provided the present General Assembly shall appropriate a similar amount to said institution, in lieu of, and to take the place of the said sum, which is not now available for the uses and necessities of said Asylum. And, inasmuch as said sum of $3,334 oo is part of the annual appropriation made for the year 188 I, to support aftd provide for the wants of said institution; and, inasmuch as the actual needs and exigencies of said Asylum require said sum, and as the same is not now available, your committee therefore recommend that the sum of $3,334 00 be appropriated by the pre?ent General Assembly

SEPTEMBER I, I88I.

353

to the said Institution for the Education of the Deaf and Dumb, to supply the deficiency in the revenues of said Institution, occasioned by the suspension of said bank.
Your committee are of opinion that no blame or censure can attach to said S. C. Trout, in notimmediatelydrawing out said sum from said bank, and in allowing the same to remain in the custody of the bank, as the same was a State depository, and one of the banks selected as a suitable and safe custodian of the funds of the State. And your committee believe it would be but an act of simple justice to an upright and faithful officer and citizen, for the General Assembly to relieve said S. C. Trout, Secretary and Treas urer of the State Deaf and Dumb Asylum, from any liability or obligation on the part of said Trout to replace or repay to the State, or the trustees of the Asylum, the said sum of $3, 334.00.
All of which is respectfully submitted.
W. P. BoNo, Chat'rman.
J. M. WILSON,
s. M. Ji. BYRD,
J. F. BROWN, J. T. SMITH, J. L. NEAL,
LEMUEL JoHNSON,
R.N. KING, R. B. HARRIS, }AMES G. PARKS, Committee on tlte part of tlte Sena!t!,
B. C. CooK,
Chairma1Z pro. tem. House Committee.

The President laid before the Senate the report of the Assessors on the Capitol building at Milledgeville, which was read and referred to the Committee on Public Buildings.
23

354

JouRNAL OF THE SENATE.

The refusal of the House to concur in the Senate amendments to the following bills was taken up, and the Senate, on motion, receded from its amendments thereto, respectively, to-wit:
A bill to incorporate the National Mercantile Assurance Company ; and
A bill to prohibit the employment of minors in retail bar-rooms, etc.
By resolution of Mr. Guerry, Mr. E. A. Hawkins of Americus, Ga., was tendered a seat on the floor of the Senate.
Leave of absence was granted Mr. Mattox for this day. on important business.
Mr. Winn, chairman of the Committee or Corporations~ and Mr. Byrd, chairman of the Committee on Agriculture, wade reports for their respective committees, on bills referred thereto.
On motion of Mr. Price, the rules were suspended, when the Senate took up the report of the Judiciary Committee on the bill of the House, '' to change and fix the times of holding the Superior Courts in the counties of Pickens, Gilmer and Fannin in the Blue Ridge Circuit of this State,_ and for other purposes."
The report, which was favorable, was agreed to. The bill was read the third time, and passed by a constitutional majority, there being ayes, 29; nays, o. The following bills of the House were read the second time and passed to a third reading, to-wit:
A bill to prohibit the sale of spirituous, malt or intoxicating liquors in the 427th District G. M., of White county.
A bill to amend section 4259 of the Code of Georgia, in reference to the service of bills of exceptions.
A bill _to put the liquor license in Montgomery county at not less than $5,000.

SEPTEMBER I' I 88 I.

35)

A bill to make it penal for any person to use any explosive or destructive substance on the streams of this State for the purpose of killing fish.
A bill to prohibit the riding or driving of the horse ot mu~e of another without consent of the owner, etc.
A bill to prescribe the mode of having the lines and corners established around certain lot<> of land in Clinch county, where the same have been granted by the State, but no lines or corners were ever run and established by the State, and for other purposes.
A bill to incorporate the Union Railroad Company, ani! to define its rights, powers and privileges, and for other purposes.
A bill to fix the fees of Justices of the Peace and Constables in cases of foreclosure of chattel mo:rtgages, and for other purpo.::es.
A bill to correct certain mistakes of reference in the liea laws of this State, as contained in sections 1978, 1987, 1989, 1992, and 1994 of the Code of 1873.
A bill to change the time of holding the Superior Court in the county of Upson.
A bill to grant to R. C. Mitchell & Co. certain privileges in making an abstract of the records of deeds and mortgages in the county of Fulton.
A bill to provide for the signing and certifying of bills exchange, now required by law to be signed in twenty days, after said twenty days, in certain cases.
A bill to repeal sections I 201 and I 202 of the Code .of 1873, in relation to the appointment of a special Board ol Visitors to attend and report upon the examinations of the University of Georgia.
A bill to authorize the sale of certain lots and fractional lots of land in this State, heretofore reserved and set apart for educational purposes, and to apply the proceeds ~ herein provided.

jOURNAL OF THE SENATE,
A bill to repeal an act to repeal an act entitled an act to establish a Board of Commissioners of Revenue, Roads and Paupers, for the county of Murray.
A bill to fix the amount of license to sell intoxicating or malt liquors in the county of Charlton, etc.
A bill to incorporate the town of Mitchell and provide a government for the same.
A bill to change the time of holding the Superior Courts in the county of Quitman.
A bill to amend the charter of the Savannah, Florida and Western Railway Company, and for other purposes.
A bill to repeal section 3 of an act to amend an act to incorporate the town of Clarksville, in the county of Habersham, and for other purposes, approved December 9, 187 I.
A bill to repeal so much of an act to prevent any person or persons from seining for fish in the waters of Suwan noochee and Tom's Creeks, in the counties of Clinch and Echols, as relates to Clinch county.
A bill to fix the amount of license for selling or vending spirituous, intoxicating or malt liquors in the county of Webster, and for other purposes.
A bill to appropriate money for the purpose of enlarging the Lunatic Asylum of this State, and for other purposes therein mentioned.
A bill to amend an act to establish a new charter for the City of Atlanta, approved February 28, 1874, and the several acts amendatory thereof.
A bill to provide for the payment of extra compensation to the Sheriff and Clerk of the Superior Court of Burke county, Ga., for their services during the .terms of the Superior Court of said county.
A bill to incorporate the Athens Mutual Insurance Company.
A bill to repeal all laws and amendments to laws heretofore passed incorporating the town of Blackshear, Pierce

SEPTEMBER I' 188 I.

357

county, Ga., and also all laws and amendments to laws confirming civil and criminal jurisdiction, for the county of Pierce, on the Mayor thereof; to provide for the election of a Mayor and Aldermen, prescribe their powers and duties and for other purposes.

A bill to amend an act to establish a Board of County Commissioners of the county of Columbia, and to define the powers and duties thereof, approved February 27, 1877, so as to allow said Board of Commissioners to elect their own clerk.

A bill to amend an act to create a Board of Police Commissioners for the city of Augusta; and

A bill to incorporate the town of Arlington, in the counties of Calhoun and Early, and provide for the election of a Mayor and Aldermen for said town, and for other purposes.

The bill of the Senate to amend section 1377 of the Revised Code of 1873, was read the second time and passed to a. third reading.
The following resolutions of the House were read the second time and passed to a third reading, to-wit:

A resolution according certain privileges to Col. Chas. C. Jones of Augusta, Ga. ; and

A resolution authorizing the Commissioner of Agriculture to loan specimens of minerals and woods.

Mr. McWhorter, chairman of the Joint Special Committee on the subject of adjournment, made a report, which was read.

The following bills of the House were read the first time, . and referred to the Committee on Corporations, to-wit:

A bill to amend the charter of the City of Macon, in the county of Bibb, by enlarging and extending the power and authority of the Mayor and Council thereof to create a Board of Health for said city, and for other purposes.

35S

JouRNAL OF THE SENATE,

A bill to amend the several acts incorporating the town of Dahlonega.

A bill to supersede the charter of the town of Buchanan,
Haralson county, approved December 22, 1857, to pro
vide for a Mayor and Council for said town ; to confer certain powers thereon, and for other purposes.

A bill to fix the time for the election of Mayor and Aldermen of the town of Eastman in the county of Dodge ; to prescribe qualifications for voters, and for other purposes.

The following bills of the House were read the first time, and referred to the Committee on Finance, to-wit:

A bill to appropriate money to refund double taxes illeg;!.lly collected by the State of Georgia, from the Home Insurance Company of New York ; and

A bill to appropriate money to refund double taxes illegally collected by the State of Georgia from the Underwriter's Agency of New York; and

A resolution of the House to pay the heirs of H~ns. A. ]. Hansell and J. M. Wilcox per diem for this session.

The following bills of the House were read the first time, and referred to the Committee on Judiciary, to-wit :

A bill to authorize the City of Americus to appropriate certain moneys for school purposes.

A bill to authorize the City of Americus to increase
its indebtedness as provided in section 7, article 5, of the
Constitution.

A bill to change the time of holding the Superior Courts E>f the county of Marion, and for other purposes.
A bill to repeal section 1711 of the Revised Code of this State, and to insert another section in lieu thereof.

A bill to prohibit the sale of spirituous, vinous and malt liquors, except for medical purposes, in the county of Glynn.

SEPTEMBER I, I88I.

359

A bill to change the time of holding the Spriug Terms of Macon Superior Court, and for other purposes.
A bill to increase the license for selling intoxicating liquors in any quantity from twenty-five to five thousand dollars in the county of Camden.

A bill to repeal the sixth section of an act to levy and .collect a tax for the ~upport of the State Government and the public institutions; to pay the interest and maturing principal of the public debt, and for educational purposes herein mentioned, for the fiscal years of I 88 I and I 882, approved December 7, I88o, and to re-enact in lieu thereof a section fixing and regulating a tax on Building and Loan Associations.

A bill to repeal all laws concerning the registration of voters in Camden county; and
A bill to amend an act to create a Board of Commissioners of Roads and Revenues for Chattooga county, etc.

The bill of the House to incorporate the Tennelle and Wrightsville Railroad Company, and for other purposes, was read the first time, and referred to the Committee on Railroads.
The bill of the House to provide for keeping a record in each county in this State of the wild lands lying therein, was read the first time, and referred to the Committee on Agriculture.
The bill of the House regulating the paying of the teachers of the public schools of this State, was read the first time, and referred to the Committee on Education.
Under a suspension of the rules, Mr. Gorman intro-duced a bill to provide for a more efficient collection of the insolvent poll tax and to better secure the proper application of the same, which was read the first time, and referred to the Committee on the Judiciary.
Leave of absence was granted Mr. Jordan for a few days.

JouRNAL OF THE SENATE,
The Senate having disposed of all the business on the desk of the Secretary, adjourned" on motion, until 10 o'clock A. M., to-morrow.

SENATE CHAMBER, ATLANTA, GA.,

Friday, September 2, r88r, 10 o'clock A. M.

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

Prayer was offered by the Rev. John Jones, D. D., Chaplain of the House.

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

Baggs, Baker, Barksdale, Brown, Bond, Butt, Byrd, Carter,
Curti~,
Denmark, Duggar, Fouche,

Gorman, Guerry, H11rris, Harrell, Hackett, King, McDaniel, Mattox, McWhorter, Moseley, N1al, Parks,

Payne, Price, Heid, Smith of the 5th, Smith of the 15th, Smith of the 23d, Storey, Treadwell, Westbrook. Wilson, Winn,
MR. PHESIDENT.

The Journal was read and approved.

Mr. Meldrim moved a reconsideration of so much of the Journal of yesterday as relates to the action of the Senate in receding from its amendment to the bill of the House to prohibit the employment of minors in bar rooms and other places where liquor is sold, to be drank on the spot, etc.

On this motion to reconsider, Mr. Baker required the ayes and nays to be recorded.
Those who voted in the affirmative are, to-wit-Messrs.

Baggs, Baker, Denmark,
Dug~ar,
Harr1s, Harrell,
Mattox,

McWh'Jrter, Meldrim,
Moseley, Reid, Smith of the 5th,
Smith of the 15th,

Treadwell, Westbrook, Wilson, Winn, Woodward,
MR. PRESIDENT.

SEPTEMBER 2, r881.

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

Barksdale, Brown, Byrd, Carter, Curtis, Fouche, Gorman,
Ayes, 19.

Guerry, Hawes, Hackett, Johnson, Kilg, McDaniel,
Nays, 19.

Neal, Parks, Payne, Price,
Smith of the 23d, St0rey.

So the motion to reconsider did not prevail.

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

Mr. Presdent :

The House of Representatives has passed the following bills, to-wit:

To prevent the purchase or sale, receipt or delivery of any seed cotton between the hours of sunset and sunrise.
The House has also agreed to a joint resolution returning thanks to Hon. W. M. Reese for donating one hundred and thirty copies of his ''Treatise on the Law of Executors, Administrators and Guardians" to the State of Georgia, in which they ask the concurrence of the Senate.
Leave of absence was granted Messrs. Hackett and Hawes for a few days on important business; to Mr. Brown until Tuesday next for providential cause ; to Mr. Daniel on account of ill health, and to Mr. Smith of the Twenty-third, until Monday next on important business.

Mr. Fouche, chairman of the Com:nittee on Finance; Mr. McDaniel, chairman of the Committee on the Judiciary; Mr. Price, chairman of the Committee on Education, submitted reports for their several committees on bills referred thereto.
Mr. Hackett, chairman of the Committee on the Penitentiary, submitted the following report of the majority of said committee, to-wit:

JouRNAL oF THE SENATE,
M1. President:
The Senate Standing Committee on the Penitentiary beg leave to submit the following report:
vVe have during the present session in a body and by sub committees visited Penitentiary Camps Nos. I, 2 and 3, located in Dade, Dougherty and Greene counties respectively, and their various branches, twelve in number, making total of fifteen camps, at"which convicts are worked. We ascertained by personal inspection, by information derived from the convicts, and from other reliaple sources, the true condition and treatment of the convicts under the practical operations of the lease system. In the main, the -convicts are robust, healthy and apparently as well contented as could be expected of men deprived of their liberty. The sanitary condition of the camps without exception is good, the food ample, and in quality and quantity not only such as is necessary to sustain life, but of such character as to promote health, and compares favorably with the prison fare of any other State in the Union. Though our visits and inspections were made during the recent heated term in the months of July and August, we found but few sick, and of this number none seriously afflicted, except now and then a chronic case of long standing We made inquiry and investigated as well as we could, without power to send for persons and papers, into the methods of enforcing prison discipline, and from what we saw; and from all we could learn, resort is had to corporal punishment only when absolutely necessary, and in the few cases where it is claimed that excessive punishment has been inflicted, when traced to the true cause it is generally attributable to the persistent insuqordination of the convicts themselves. This mode of punishment to enforce prison discipline, is no new departure, but is coeval with prison life as a punishment for crime. It is not, nor has it ever been, the policy of civilized governments t.o provide places of eas;) and comfort for their criminals

SEPTEMBER 2, r881.
undergoing sentencesas punishment for violations of the criminal laws, and while it may be the duty of the government to reform her criminals as far as possible, and make better citizens of them, yet such is not the primary object of punitive laws. Let punishment be certain, reformatory if possible, and in severity to that extent which may at 1east tend to deter others from the commission of like offenses; and when they fail in this our whole system of punitive laws will prove an entire failure, and society will be left in a great measure to the ravages of the licentious and depraved, when we would realize the full force of the remark, that, "mercy to the criminal is cruelty to society." The primary object of criminal or punitive law being to suppress crime by deterring persons from the commission of offenses violative of such laws, does the system of enforcing penalties under the Georgia system go beyond this? 'vVe are constrained to answer no ! And while abuses will exist under any system which human ingenuity can devise, we think that these abuses are as few and perhaps as trivial under the present system as would likely occur under any change which the Legislature could suggest.
In advocacy of our present system, and in refutation of the various charges made, predicated, as we believe largely upon rumor and the statements of dissatisfied and refractory convicts, we would call attention to the facts, that during the past twelve months there have been worked at the various camps in this State, over fifteen hundred convicts; of this number eleven hundred and thirty-five are still on hand, and this whole number during that period but twelve have died, making the death rate under our system about three-fourths 'of one per cent., showing a less death rate than any of the thirty-five States of this Union, which have adopted the system of leasing or farming out their con-
victed criminals. In the camp managed by the Hon. J.

JouRNAL OF THE SENATE,
M. Smith, of the county of Oglethorpe, where sixty of these convicts have been worked for two years, not a death has occurred.
At camp No. 3, under the management of Col. W. D. Grant, and the camp on the M. & N. G. Railroad, about twenty-eight discharged convicts voluntarily returned and bound themselves to continue to work at said camp, and are to day upon their own volition working there side by side under the same rules and upon the same footing with with the convicts of said camp.
Under our law governing the camps, the foreman of the grand jury of each county in which a convict camp is located, is required to appoint a Chaplain, whose duty it is to hold divine service at least once upon each Sabbath day. This duty we find performed. From the above we deduce the following conclusions, to-wit:
The lease system of Georgia is to some extent reformatory. The punishment when properly enforced in conformity with the law and the sentence of the courts, tends to deter crime, if it does not entirely stay the hand of the criminal. It is promotive of the health of convicts, as is abundantly evidenced by the personal appearance of the convicts, the hospital report upon the camps, and the small death rate among the convicts. We protest against the unlawful act of the county authorities, and of the lessees and their managers, in receiving into their penitentiary convict camps, criminals convicted of misdemeanors to be worked und~r control of the lessees upon private works, while the law requires these county criminals to be worked under the county authorities, and upon public works. All of the ccunty chain-gang convicts held by the lessees are illegally detained and worked in violation of the public laws of this State. 'With this one e'xception, we can refer with pride to our convict system, as the best that has yet

SEPTEMBER 2, I88I.

been devised, and experience proves the wisdom of the legislative policy in inaugurating the same.

A. T. HACKETT, Chairman.
J. E. CuRTis,
]. M. WILSON,
s. G. TREADWELL, J. H. HICKS,
W. P. BoND,
R. L. McvVHoRTER,
A. L. HAWES,
B. C. DuGGAR, }. W. HARRELL.

From an inspection of the camps that I have visited,

and from the reports of the sub-committees that have vis-

ited the other camps, I concur in this report as to the con-

dition of the convicts, but do not concur as to the system;

believing as I do that no citizen of the State should be

pecuniarily interested in the conviction and punishment of

any other citizen of the State.

September 2, I 88 I.

WILL ]. WrNN.

Five hundred copies of the report on the Penitentiary were ordered to be printed.
Mr. Hawes, chairman of the Committee on Public Buildings submitted a report on the commissioners appointed to set a valuation on the old capitol building at Milledgeville, which report of the committee was accompanied by a resolution ratifying the valuation fixed upon the said property by said Commissioners.
The resolution submitted was on motion, taken up, read and con curred in, and ordered to be transmitted to the Senate without delay.
The Senate, on motion, took up the report of the Special Joint Committee on adjournment.
Mr. Parks moved the adoption of the same.

JoGKNAL OF THE SENATE,

Pending this proposition, a motion was made to recommit the report to the committee.

On this proposition, Mr. Parks required the ayes and nays to be recorded.

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

Butt, Byrd, Carter, Guerry, Harris, Hawes,

Hackett, King, McDaniel, Mattox, Neal, Payne,

Smith of the 5th,
S:nith of the 23d, Storey, Treadwell, Wilson. Woodward.

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

Bag'(s, Baker,
Barksdale,
Brown, Bond,
Curtis, Denmark,

Duggar,
Fouche, Gorman, Harrell,
Johnson,
McWhorter,

Meldrim,
Moseley, Parks,
Smith of the 15th, Westbrook,
1\1&. PRESIDENT.

Ayes, 18. Nays, 19.

So the motion to recommit did not prevail.

On motion of Mr. Guerry, said report was made the special order for Monday next, immediately after the reading of the Journal.

On motion of Mr. Guerry, the Senate took up and agreed to a resolution to inquire into the advisability of remitting a portion of the tax of 188 1.
The Senate took up the report of the Committee on Corporations on the bill of the House to amend an act to establish a new charter for the city of Atlanta, approved February z8, 1874, and the several acts amendatory thereof.

Said committee reported in favor of the passage of the bill, with the following amendments:

I. Strike from the caption of the words, ''also to amend section 16 of said act of 1874, so as to authorize the Recorder's Court of said city to iwprison at labor, not to exceed six months, instead of thirty days as therein provided.

SEPTEMBER 2, I88I.
2. Strike all of section 4 that occurs after the word "made" in the twentyfirst line thereof.
3- Add to the end of section 6, the following words, to: wit:- "Provided, that the defendant shall have the right to file an affidavit denying that the whole, or any part of the amount for which the execution issued is due, and stating what amount he admits to be due, which amount, so ad-: mitted to be due, shall be paid or collected before the affidavit is received, and the affidavit received for the balance, and all such affidavits, so received, shall be returned to the Superior Court of Fulton county, and there tried, and the issue determined as in cases of illegality, 3ubject to all the pains and penalties provided in cases of illegality, for delay."
4- Strike the word "as" in the sixth line of the twentysecond section, and insert in lieu thereof the word "so."
5- Insert after the word ''taxation," and before the word ''or," in the eleventh line of the twenty-sixth section, the following words: '' or of a iailure to make a true return."
6. Insert after the word " time" and before the word "during" in the fourth line of the twentyeighth section, the words '' to the service of the city."
7 Insert at the beginning of section thirty-six, and
before the word '' all," the following words, to-wit : " Said Mayor and General Council shall have full power and authority to pass such ordinances as may be necessary and proper to carry the provisions of this act into effect;" and
8. Strike sections 10, 20, 30 and 35 of the act, and change the numbers of remaining sections to correspond with this change.
The amendments were c:.dopted. The report, as amended, was agreed to.
The bill was read the third time and passed as amended,
by a constitutional majority, there being ayes, 32; nays, o.

jOURNAL OF THE SENATE,
Satisfactory proof that due legal notice had been given -of intention to apply for the passage of this bill, was sub-
- mitted to the Senate. On motion of Mr. Winn, the foregoing bill was orcTered to be transmitted at once to the House of Representatives.
The Senate took up the report of the Committee on Judiciary, the bill of the House to authorize the Board of Commissioners of Newton county to levy a tax of 200 per cent. on the State tax for the purpose of paying the pregent indebtedness of said county, and for other county purposes.
Satisfactory evidence that due legal notice of intention to apply for the passage of this bill was submitted to the Senate.
The report, which was favorable, 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 the report of the Committee on Corporations, on the bill of the House to incorporate the Union Railroad Company, and to define its rights, powers and privileges, and for other purposes.
Satisfactory evidence of legal notice to apply for the passage of this bill was submitted to the Senate.
The report, which was favorable, was agreed to.
The bill was read the third time, and pending the question of its passage, the same was, on motion of Mr. Guerry, postponed until Thursday, the 8th inst., and one hundred copies thereof were ordered printed for the use of the Senate.
The Senate took up the report of the Committee on Finance, on the bill of the ~House to provide for the payment of extra compensation to the Sheriff and Clerk of the Superior Court of Burke county, Ga., for their services during the terms of the Superior Court of said county.
Satisfactory evidence was submitted to the Senate:of

SEPTEMBER 2, 1881.
<due legal notice of intention to apply for the passage of "this bill.
The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority, there being ayes, 33; nays o. On motion of Mr. Denmark, the bill of the House to amend the charter of the Savannah, Florida and Western Railway Company, and for other purposes, which was taken up on a third reading, was recommended to the Committee on Corporations. The Senate took up the report of the Committee on .Corporations on the bill of the House to authorize and empower the lntendent and Commissioners of the town of Greenville in this State, to regulate the sale of spirituous, malt and vinous liquors within the corporate limits of said town. Satisfactory evidence was submitted to the Senate that ,due legal notice of intention to apply for the passage of this hili had been given. Said committee reported in favor of its passage, with the following amendments : I. Amend the caption by adding at the end thereof the tollowing: And to submit the question of ''Prohibition" or '' No prohibition" to the qualified voters of said town. 2. Amend section 4 by striking from the twentieth, twenty-first and twenty-second lines thereof, the following words, to-wit : '' Except that no one shall be allowed to vote except who is a freeholder of said town," and insert in lieu thereof the following words, to-wit , '' and all persons who are qualified to vote for members of the General Assembly and have resided in said city the length of time required by law to entitle them to a vote therein, shall be entitled to vote at such election," The amendments were adopted. The report was!agreed to.
24

370

JouRNAL OF THE SENATE,

The bill was read the third time an9 passed, as amended, by a constitutional majority, there being ayes, 29; nays, o.
The Senate took up the report of the Committee on
Corporations on the bill of the House to incorporate the Athens Mutual Insurance Company.
Satisfactory evidence of due legal notice of intention to apply for the passage of this bill was submitted to the Senate.
Said committee reported in favor of the passage of said bill, with the following amendments, to-wit:

I. Amend section I I by adding at the end thereof the words, " but this condition of forfeiture, in order to be valid, shall be printed or written on face of the the policy.,.
2. Amend section 13 by striking the word " corporation" in the second line and inserting in lieu thereof the word ''corporators;" also, by striking the word ''forever," in the eleventh line, and inserting in lieu thereof the following words, to-wit: " For the period of fifty years, with the privilege of renewal, and subject to forfeiture at any time for a violation of the terms of this charter or of any amendment thereto."
The report was agreed to. The amendments were adopted. The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 30; nays, o. Mr. Parks, chairman of the Committee on the State Library, made a report, which was read. The bill of the Senate to proviqe for the better inspection, management and control of the convicts of this State, was taken up, on motion, and read the second time. The Senate took up the report of the Committee on Finance on the bill of the House to appropriate money for the enlargement of the State Lunatic Asylum, and for other purposes.

SEPTF:MBER 2, 1881.

37I

The report, which was favorable,. was agreed to.

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

its passage, the ayes and nays were required to be recorded.

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

Baggs, Baker, Barksdale,
Bond, Butt,
Byrd, Carter,
Curtis, Denmark,
Fouche,
Gorman, Guerry,

Harris, Hawes,
Hackett, Jordan,
Johnson,
King, 1\lcDaniel,
Mattox, 1\'[eldrim,
:Moseley, Neal,

Parks, Smit.h of the 5th, Smith of the 15th, Smith of the 23d,, Storey, Treadwell, Westbrook, Wilson, Wino,
Woodw~rd,
MR. PBRSIDJ!.N'L

Ayes 35 Nays o.

So the bill was passed by a constitutional majority.

Mr. McWhorter, chairman of tht" Enrolling Committee submitted the following report :

Mr. Presz'dent:

The Committee on Enrollment r-eport as duly enrolled and ready for the signatures of the President and Secretary of the Senate, the following act, to-wit:

An act to incorporate the Cincinnati and Georgia Rail-

road Company.

R. L. WcVvHORTER, Chaz'nnan.

By resolution of Mr. Byrd, Major Lamar Cobb was invited to a seat on the floor of the Senate during his stay in this city.

The resolution from the House returning thanks to the Hon. William M. Reese for donating one hundred and thirty-eight copies of his Treatise on the Law of Executors, Administrators and Guardians, to the State, was taken up, read and agreed to.

The following bills of the House were read the first time and referred to the Committee on Corporations, to-wit:

A bill to amend the acts appproved February 2J, 1877,

372

JouRNAL OF THE SENATE,

and October 13, 1879; in reference to the road laws of Fulton county, etc.
A bill to alter and amend the corporate limits of the town of Bowdon, in Carroll county, and for other purposes.
A bill to define and declare, and make plain the bounds and limits of the militia districts in Chatham county, which lie out5ide of the city of Savannah ; and
A bill to amend an act entitled an act to incorporate the
town of Palmetto, in Campbell county.
The following resolutions of the House were read the first time and referred to the Committee on Finance:
A resolution to grant authority to W. N. Harrison to publish the acts of this session, 1880 and 1881; and
A resolution in reference to application of proceeds of sale of State property.
The following bills of the House were read the first time and referred to the Judiciary Committee, to-wit : -1. A bill to confer police powers upon conductors of passen ger trains.
A bill to alter and amend the charter of Macon 50 as to provide for the election of the clerk and treasurer of said city by the Mayor and Aldermen thereof, and for other purposes.
A bill to require Clerks of Superior and City Courts to make immediate record of certain original papers filed in said courts, and for other purposes.
A bill to fix the license for selling intoxicating liquors in the county of Charlton, and for other purposes.
A bill to authorize the Mayor and Council of the City of Macon to submit the question of purchasing the Holdridge property for a school house for colored children, to the qualified voters, and whether the debt of said city shall be
increased $2, sao 00 for that purpose.
A bill to regulate practice in the Supreme Court of Georgia.

SEPTEMBER 2, I88I.

373

A bill to authorize the Mayor and Council of Macon to submit to the qualified voters the question of making a con tract with the Macon Gas Light and Water Company for supplying the City of Macon with water for five years, with power of renewal for five years, and whether the city debt shall be increased therefor.

A bill for the relief of Elder James W. Howard, and Deacon D. M. Morris, and Wesley H. Tice, of the Second Baptist Church, of Columbus, etc.

A bill to amend section 4194ofthe Code of 1873, which prescribes the time within which answers may be filed in equity cases, etc.
A bill to repeal an act authorizing the Justices of the Inferior Court of Bartow county, to settle or compromise the bonds of said county that are now due and unpaid, and to issue new bonds of the same, approved 23d February, 1866, and for other purposes; and

A bill to prevent the purchase, sale or receipt or delivery of any seed cotton between the hours of sunset and sunrise.
Leave of absence was grat.ted Mr. Neal until Tuesday next.
The following bills of the House were read the second time and passed to a third reading, to-wit:
A bill to incorporate the town of Rising Fawn in the county of Dade, and for other purposes.
A bill to change the time of holding the Superior Court of the county of Marion, and for other purposes.

A bill to incorporate the Mill Town Branch Railroad Company.
A bill to authorize and require the proper officials of the several counties in this State to provide for the doing of extraordinary work on the public roads at the county expense, and for other purposes.
A bill to continue in force an act authorizing the county

374

JouRNAL OF THE SENATE,

of Dougherty, by its Commissioners, to issue bonds of said county for thirty thousand dollars, and to provide for the assessment and collection of an annual tax to pay the principal and interest of the same, in compliance with article 7, section 7, of the Constitution, for purchasing the bridge across Flint River at Albany, Ga., for the use and benefit of said county, approved September ro, I879, and to authorize the holding of an election in accordance with section 5 of said act.
A bill to create a Board of Commissioners for Worth co~,mty, define their powers and duties, and for other purposes.
A bill for the relief of James M. Rouse, Seaborn Hunt, John Feen, Thomas J. Harris and John Odom, securities on the bond of H. H. Rouse, late Tax Collector of Worth county.
A bill to change the time of holding Spring Terms of the Superior Courts of Macon county, and for other purposes.
The time of adjournment having arrived, the President
declared the Senate adjourned until ro o'clock A. M., to-
morrvw.

SENATE CHAMBER, ATLANTA, GA., Saturday, September 3, r88r, ro o'clock A. M.

The Senate met, pursuant to adjournment, the President in the chair.
Prayer was offered by the Rev. John Jones, D. D., Chaplain of the House of Representatives.
On the call of the roll, the following Senators answered to their names, towit:

Baggs,
Baker, Barksdale, Bond, Byrd,
Curtis, Denmark,

Guerry,
Barris, Harrell, Hackett, Johnson,
King,
11icDaniel,

Moseley,
Smith of the 5th, Smith of the 15th,
Storey, Treadwell,
Wilson, Winn,

SEPTE~fBER 3. I88I.

375

Duggar, Fouche, -Gorman,

Mattox,
McWhorter, Meldrim,

Woodward,
MR. PRRSIDRNT.

The Journal was read and approved. By resolution of Mr. Baggs, the Hon. J. T. Triplett was tendered a seat on the floor of the Senate during his stay ;in this city. Leave of absence was granted Messrs. Price, Butt, Parks and Reed until Tuesday next, and to Mr. Woodward, after to-day, for a few days, on important business. Mr. McDaniel, chairman of the Committee on the Judi-ciary; Mr. Fouche, chairman of the Committee on Finance; Mr. Winn, chairman of the Committee on Corporations, and Mr. Byrd, chairman of the Committee on Agriculture, made reports from their respective committees on matters submitted thereto.
The following message was received from the House of Representatives, through Mr. Hardin, the Cl~rk thereof:

Mr. Presz"dent:

The House of Representatives has passed the following bill, to-wit :
A bill to prescribe the mode of granting license to sell intoxicating liquors in the county of Telfair, in this State, and for other purposes therein mentioned.
The House of Representatives has also passed the following Senate bills, to-wit :
A bill to be entitled an act to amend an act to confer additional powers and privileges upon purchasers of railroads to form corporations, and to exercise corporate :e_owers, and to define their rights, powers and privileges, assented to February 29~ 1876, and for other purposes; also,
A bill to be entitled an act for the more certain levy .and collection of the county tax in this State.
The House of Representatives has also passed the following bill, to-wit:

JouRNAL oF THE SENATE,
A bill to appropriate the sum of ten thousand dollars tO> the University of Georgia, to rebuild and refurnish the North Georgia College at Dahlonega.
The House of R<ioresentatives has concurred in the Senate's amendments to the following bills of the House, to-wit:
A bill to fix the time of holding the Courts in the various counties composing the Northeastern Judicial Circuit of this State, and for other purposes; also,
A bill to be entitled an act to prohibit the buying, selling, delivering or receiving of any farm products therein specified, hetween sunset and sunrise, in the county of Bibb, and to prescribe the punishment therefor, and for other purposes; also,
A bill to authorize the corporation of the City of Sandersville to levy a tax for the purpose of establishing and maintaining public schools in said city, and for other purposes ; also,
A bill to amend an act to establish a new charter for the City of Atlanta, approved February 28, 1874, and the several acts amendatory thereof.
On motion of Mr. Denmark, the rules were suspended, when the Senate took up the report of the Committee on Corporations on the bill of the House to amend the charter of the Savannah, Florida and Western Railway Company, and for other purposes.
Satisfactory evidence was submitted to the Senate that due legal notice of intention to apply for. the passage of this bill had been given.
The report, which was favorable, was agreed to. The bill was read the third time and passed by a con.;stitutional majority, there being ayes, 23 ; nays, 0. Under the call of the roll for the introduction of new matter, Mr. Winn introduced a bill to make the first, or return term, the trial term upon all suits brought in the Superior Courts upon all written obligations, where it is SO>

SEPTEMBER 3, 188r.

377

agreed upon or stipulated in the face of the obligation or contract sued upon.
This bill was read the first time, and referred to the Committe on the Judiciary.
.Mr. Storey, chairman pro tmz. 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 signatures of the President and Secretary of the Senate, the following act, to-wit :
An act to amend an act to establish a new charter for the City of Atlanta, approved February 28, 1874, and the several acts amendatory thereof.
R. L. STOREY, Cltairman pro !em.

The bill of the Senate to change the term of office of the State Librarian, was read the second time and passed to a third reading; and
A bill to amend section 1282 of the Revised Code of 1873, relating to Superintendents of Election for members of the Legislature.
Leave of absence was granted Mr. Byrd on important business.
The following bills of the House were read the second time and passed to a third reading, to-wit:
A bill to authorize the Commissioners of Roads and Revenues for the county of Mitchell to issue bonds, not to exceed ten thousand dollars, and bearing interest not exceeding the rate of seven per cent. per annum, for the purpose of building a court house for said county, and toprovide for payment of the same.
A bill to amend the several acts incorporating the town of Dahlonega.
A bill to fix the time for the election of Mayor and Aldermen of the county~of Dodge; to prescribe qualifica_

378

JouRNAL OF THE SENATE,

tions for voters, and to require all voters to register, and for other purposes.
A bill to authorize the City of Americus to increase its
indebtedness, as provided in section 7, article 5 of the
ConstitutiJn. A bill to repeal section I 7 I I of the Revised Code of this
State, and to insert another section in lieu thereof. A birt to confer power on the Ordinary of the county of
Douglas to erect gates across public and private roads in said county, and for other purposes.
A bill to amend an act to authorize the issue of interestbearing bonds by the Mayor and Council of the City of Macon for refunding the present bonded debt, and funding that part of the floating debt of the City of Macon herein specified, and for other purposes, approved August I 5, I 879, so as to authorize the use of the bonds therein provided for in refundir.g such of the coupons, or interest warrants, of the bonded debt of said city as matured up to and including the first day of January, I88o, together with judgments founded on the same; to define the duty of the Commissioners of the bonded debt of the city of Macon, and for other purposes.
A bill to provide for issuing new bonds of the county of Clarke ; to take up the outstanding indebtedness of the county.
A bill to secure uniformity in grading teachers of public schools.
A bill to define and declare and make plain the bounds and limits of the militia districts in Chatham county, outside of the City of Savannah.
A bill to amend an act to extend and define the corpo rate limits of the town of Greenville, in the county of Meriwether, and for other purposes therein specified.
A bill to amend an act prescribing the method of granting license to sell spirituous or intoxicating .liquors, or bitters, in the town of Eastman and the county of Dodge,

SEPTEMBER 3, 188 I.

379

'in this State, and to fix the license therefor, and to prescribe a penalty for a violation of the requirements of this act, and for other purposes.
A bill to appropriate money to refund double taxes ii:Jeg<!lly collected by the State from the Underwriters' Agency of New York.
A bill to amend an act incorponting the town of Palmetto, in Campbell county, and for other purposes.
A bill to amend the acts approved February 27, 1~77, and October I 3, 1879, in reference to the road laws of
Fulton county, by striking from said acts "one mile" and jnserting "one-half mile," so that hereafter the chain gang of Fulton county can not be worked within one-half mile <Jf the center of the City of Atlanta.
A bill to authorize the City of Americus to appropriate .certain moneys for school purposes.
A bill to provide for the collection of the special taxes imposed by law on dealers in spirituous or intoxicating liquors, and for other purposes.
A bill to repeal all laws concerning the registration of voters in Camden county.
A bill to fix the liquor license for Washington county, etc.
A bill to appropriate money to refund double taxes illegally collected by the State from the Home Insurance Company of New York.
A bill to authorize the Mayor and Council of the City of Macon to submit to the qualified voters of said city, the question of contracting with the Macon Gas Light and Water Company, for supplying the City of Macon with water for five years, with the power of renewal for five years, whether the debt of said city shall be increased therefor, and for other purposes.
A bill to alter and amend an act entitled an act to alter and amend the several acts incorporating the City of Macon, approved December 27, 1847, and the several acts

JoURNAL OF THE SENATE,
amendatory thereto, approved December I I, I87 I, to provide for the election of the clerk and the treasurer of said city, by the Mayor and Aldermen thereof, and for other purposes.
A bill to prohibit the sale of spirituous, vinous and malt liquors except for medical purposes, in the county of Glynn.
A bill to prevent the purchase, sale, receipt or delivery of any seed cotton between the hours of sunset and sunrise.
A bill to increase the license for selling intoxicating liquors in ally quantity, from twenty-five to five thousand dollars in the county of Camden ; and
A bill to fix the amount of license for selling spirituous, intoxicating or malt liquors in the county of Charlton, and to prescribe a punishment for a violation of the provisions of this act, and for other purposes.
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 signatures of the President and Secretary of the Senate, the following aLts, to-wit:
An act to amend an act to confer additional powers and privileges upon the purchasers of Railroads, etc., also,
An act to provide for the more certain levy and collec tion of county taxes; also,
A resolution tendering thanks of the General Assembly to Hon. Wm. M. Reese.
R. L. McWHORTER, Chairman.
The following resolutions of the House were read the second time and passed to a third reading, to-wit :
A resolution to authorize 'N. N. Harrison to publish the acts of this session, I880 and I88 I ; and
A resolution in reference to application of proceeds of sale of State property.
The following bills of the House were up for a second

SEPTEMBER 3. I88I.
reading, undrr adverse report of the several committees to whom they were referred, the reports agreed to, .and the bills were therefore lost, to-wit:
A bill to allow the burning of the woods at certain periods in the county of Coffee.
A bill to amend section 829 of the Code of 1873, and to regulate the tax returns on plantations through which county liries run.
A bill to amend an act approved October 17, I879, entitled an act to carry into effect paragraph 1 I, section IS, article 6 of the Constitution, so as to provide for the revision of the jury boxes, and for other purposes ; and
A bill to confer police powers on conductors of passen-v ger trains, and for other purposes.
A bill of the House, referred to the Committee on Agriculture, and reported back to the Senate.by said committee, with request that it be referred to the Committee on the Judiciary, was taken up and referred, in accordance with said request, to-wit : A bill to provide for the keeping of a record in each county of the State of wild lands lying and being therein, and to regulate the manner of giving in wild lands for taxation in this State.
The Senate bill to define the liability for taxation of owners of purchase money notes, reported upon adversely by the Judiciary Committee, was withdrawn by the mover, with consent of the Senate.
The bill of the Senate to provide for a more efficient collection of the insolvent poll tax, and to better !':ccure a proper application of the same, was transferred from the Judiciary Committee, by its request, to the Committee on Education.
The bill of the Senate to authorize Justice.;; of the Peace, etc., while sitting as a committing court, to be reviewed by certiorari, was read the second time and laid on the table.

JouRNAL OF THE SENATE,
The following bill of the House was read the first time,.. and referred to the Committee on Finance, to-wit:
A bill to appropriate the sum of ten thousand dollars to the University of Georgia to rebuild and refurnish the North Georgia College at Dahlonega.
The bill of the House to prescribe the mode of granting license to sell intoxicating liquors in the county of Telfair, and within the limits of the incorporated towns in said county, and for other purposes, was read the first time, and referred to the Committee on the Judiciary.
The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the Mill Town Branch Railroad Company, and for other purposes.
Satisfactory evidence was submitted to the Senate that legal notice had been given of intention to apply for the passage of this bill.
The report, which was favorable, was agreed to.
The bill was read the third time and passed by a constitutional majority, there being ayes, 24 ; nays, o.
Under a suspension of the rules, Mr. Hackett offered the following bill, which was read the first time, and reerred to the Committee on Internal Improvements and Railroads, to wit:
A bill to amend an act entitled an act to enable the purchasers of railroads to form corporations and to exercise corporate powers, and to define their rights, powers and privileges, assented to February 29, 1876; by conferring additional powers and privileges upon said purchasers, their successors and assigns, and further defining their right~, powers and privileges.
The Senate adjourned, on motion, until 10 o'clock
A. M., Monday.

SEPTEMBER 5. I 88 I.

SENATE CHAMBER, ATLANTA, GA., Monday, September 5, r88r, ro o'clock A.M.

The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Rev. Mr. Clarke, Representative from the county of Wayne.

On the call of the roll, the following Senators answered to their n.tmes, to-wit :

Baggs, Baker, Barksdale, Bond, Curtis, Daniel, Denmark, Duggar, Fouch<>,

Guerry, Harlis, Harrell, King, McDaniel, Mattox, Me Whorter, Meldrim, Moseley,

Payne, Smith of the 5th, Smith of the 15th, Smith of the 23d, Storey, Westbrook, Wilson, Winn,
MR. PBESlDBYT.

The Journal was read and approved.

On motion of Mr. McDaniel, so much of the Journal of Saturday was reconsidered as relates to the refusal of the Senate to pass the bill of the House, to amend section 829 of the Code of 1873, and to regulate the returns of of tax on plantations through which county lines run.

On motion of Mr. Denmark, so much of the Journal of Saturday was reconsidered as relates to the refusal of the Senate to pass the bill of the House, to confer police powers upon conductors of passenger trains in this State; to provide a punishment for a neglect of their official duties, and for other purposes.

Leave of absence was granted Mr. Gorman and Mr. Johnson for to-day; to Mr. Barksdale for a few days, after to-day; and to Mr. Carter for a few days on special busi ness.

By resolution, Hon. Phil. Cook, Capt. R. H. Hobbs, and Mr. Jackson Fountain were tendered seats on the floor of the Senate.
The Senate took up the special order of the morning, .

.384

JOURNAL OF THE SENATE,

to-wit: The report of the Joint Special Committee on adjournment.
The same was, on motion of Mr. McWhorter, recommitted to said committee.
On the call of the roll, for the introduction of new matter, the following bills were introduced, read the first time, and referred as respectively indicated, to-wit:
By Mr. CurtisA bill to regulate the payment of teachers' wages in the public schools of the State, and to define the manner of computing the same. Referred to the Committee on Education.
By Mr. GuerryA bill for the relief of the people of Georgia, and to remit fifty per cent. of the general State tax of the year 1881, and for other purposes. Referred to the Committee on Finance.
By Mr. McWhorterA bill to require insurance companies doing business in this State to pay the full amount of their insurance policies, and to pay ten per cent. additional, when they suffer litigation ; to cover costs and attorney's fees and for other purposes.
Referred to the Committee on Judiciary. The bill of the Senate to provide for applying the net proceeds from convict hire to educational purposes, was withdrawn by the mover, with the consent of the Senate.
The Senate took up the report of the Judiciary Committee on the bill of the House to authorize the sale of certain lots and fractional lots of land)n this State heretofore reserved and set apart for educational purposes, and to apply the proceeds as herein provided.
The report, which was favorable, was agreed to.

SEPTEMBER 5, 188 [.
The bill was read the third time and passed by a consti tutional majority, there being ayes, 24; nays o.
The Senate took up the report of the Committee on Finance on the bill of the House for the relief of James
M. Rouse, Seaborn M. Hunt, John Feet, Thomas J.
Harris and John Odom, securities on the bond of H. H. Rouse, late Tax Collector of vVorth county.
Satisfactory evidence that due legal notice had been given of intention to apply for the passage of this bill, was submitted to Senate.
The said committee reported in favor of the passage of the same, with the following amendment: Amend the proviso to section 1 by striking out the words ''within ten days after the passage of this bill," a.1d inserting in lieu thereof the words, ''on or before the first day of November next."
The amendment were adopted.
The report was agreed to.
The bill was read the third time and passed, as amended, by a :::onstitutional majority, there being ayes, 26 ; nays, o.
The bill of the House to provide for but one grand jury to serve for each term of Hall Superior Court, etc., was. taken up for a third reading, and without being read, was laid on the table.
The following message was received from his Excellency the Governor, through Mr. vVarren, his Secretary, towit:
Mr. Presidmt: I am directed by his Excellency the Governor to deliver
to the Senate a communication in writing, with accompanying document.
On motion of Mr. ~IcWhorter, the message of his Ex cellency, the Governor, was taken up and read, and is as follows, to-wit:
25

. J86

JouRNAL oF THE SENATE,

EXECUTIVE DEPARTMENT,

A-rLANTA, GA, Septembers, 1881. To the General Assembly:

I deem it my duty to infcrm the General Assembly that

in common with the Executives of other States of the

Union, I have issued a Proclamation, inviting the people

ef Georgia to assemble at their respective places of worship

t>n Tuesday, the 6th instant, between the hours of 10

o'clock A. :-.1, and 12 o'clock M., and unite in supplication

to Almighty God, for the restoration to health of President

Garfield.

A copy of that proclamation is herewith respectfully

transmitted.

ALFRED H. CoLQCETT.

PROCLAMATION. STATE OF GEORGIA.
BY ALFRED H. COLQUITT, GovERNOR OF SAID STATE. Satisfied as I am of the profound and painful solicitude which pervades the entire mass of our people in regard to the condition of our President, I do most readily comply with the sugge~tion which is made, and earnestly invoke the good people of Georgia to devote the hours between 10 A. :II., and 12 :11., Tuesday, the sixth of September, to prayer and supplication to Almighty God that He would mercifully spare the life of our Presidenf-that He would raise him up, and restore him to perfect health, to be a blessing to our common country, and that the present grievous affliction may be turned into good, and this chas dening to us result in a permanent blessing in its influence tuon the hearts of our people.
Given under my hand and the seal of the Executive Department, at the Capitol, in Atlanta, this 5th day of September, 1881.
By the Governor, ALFRED H. COLQUITT, Govemor.
J. W. wARREN, Secreta1y E.wcutive Department.

SEPTEMBERs. I88I.
The following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof:
Mr. Presidmt:
The House of Representatives have agreed to the fol lowing resolution, in which they ask the concurrence of the Senate, to-wit:
A resolution appointing a joint committee to make arrangements for religious services in the Hall of the House of Representatives on Tuesday, the 6th instant, in -conformity to the Governor's message of this date.
The committee on the part of the House are Messrs. Crozier, Barnes and Hester.
On motion of Mr. McWhorter, the foregoing resolution was taken up and concurred in, and the President appointed as the committee on the part of the Senate thereunder, Messrs. McWhorter and Storey.
The Senate took up the report of the Judiciary Com mittee on the bill of the Senate to increase the salary of the County Treasurer of the county of Baldwin to five hundred dollars per annum.
Proof of due legal notice of intention to apply for the passage of this bill was submitted to the Senate.
The report, which was favorable, was agreed to.
The bill was read the third time and P,!i!'Sed by a con stitutional majority, there being ayes, 25; nays, o.
The Senate took up the report of the Judiciary Committee on the bill of the House to legalize the action of the Board of Commissioners of Roads and Revenues of the county of Douglas, changing the size and shape of the court house square in the town of Douglasville.
Proof of due legal notice of intention to apply for the passage of this bill was submitted to the Senate.
The report, which was favorable, was agreed to.

jOURNAL OF THE SENATE,
The bill was read the third time and passed by a constitutional majority, there being ayes, 23; nays, o.
The Senate took up the report of the Finance Committee on the bill of the House to continue of force an act entitled an act to authorize the county of Dougherty, by itsCommissioners, to provide for the assessment and collection of an annual tax to pay the principal. and interest of the same, in compliance with article 7, section 7 of the Constitution, for purchasing the bridge across Flint river, at Albany, Ga., for the use and benefit of said county, approved September 10, 1879, and to authorize the holding of an election, in accordance with section 5 of said act.
Proof of due legal notice was submitted to the Senate.
The report, which was favorable, wa3 agreed to.
The bill was read the third time and passed by a constitutional majority, there being ayes, 25; nays, o.
'l'he Senate took up the report of the Judiciary Committee on the bill of the House to grant to R. C. Mitchell & Co. certain privileges in making an abstract of the records of deeds and mortgage:> in the county of Fulton.
Proof of due legal notice was submitted to the Senate. The report, which was favorable, 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 the report of the Committee on the Judiciary on the bill of the House to prohibit the riding or driving of any horse or mule belonging to another without his consent, and to provide a punishment therefor.
The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority, there being ayes, 26; nays, o.
The Senate took up the report of the Finance Committee on the bill of the House to amend an act to establish-

s, SEPTEMBER I88r.
Board of County Commissioners for the county of Columbia, and for other purposes, approved February 23, 1877, so as to allow said Board of Commissioners to elect their own clerk.
Proof of due legal notice was submitted to the Senate.
The report, which was favorable, was agreed to.
The bill was read the third time and passed by a constitutional majority, there being ayes, 2 5 ; nays, o.
The Senate took up the report of the Judiciary Committee on the l;ill of the House to provide for but one grand jury to serve for each term of Hall Superior Court, without reference to the number of weeks such term may continue.
Proof of due legal notice of intention to apply for the passage of ti1is bill was submitted to the Senate.
The report, which \Vas favorable, was agreed to.
The bill was read the third time, and passed by a constitutional majority, there being ayes, 26; nays, o.
The Senate took up the report of the Judiciary Committee on the bill of the House to fix the amount of license for selling or vending spirituous, intoxicating or malt liquors in the county of Webster, in this State, and to prescribe a punishment for a vi0lation of this act, and for other purposes.
Proof of due legal notice of intention to apply for the passage of this bill was submitted to the Senat~:.
The report, which was favorable, was agreed to. The bill was read the third time, and passed by a constitutional majority, there being ayes, 25; nays, o.
'I he Senate took up the report of the Committee on Corporations on the bill of the House to amend an act to extend and define the corporate limits of the town of Greenville, in the county of Meriwether; to provide for

JOURNAL OF THE SENATE,
the election of Intendent and Commissioners for the same, to define their powers, and for other purposes, approved January J4, 1852, so as to prescribe additional qualifications for the electors of said town, and for other purposes.
Said committee reported in favor of its passage with the following amendments :
Amend section 4 by inserting the words following, towit: "and extend east and west to the original corporation line." After the word ''branch" at the end of the sixth line and before the word "so," at the beginning of the seventh line, and by inserting the same words after the word ''branch," at the end of the thirteenth line, and before the word "and" at the beginning of the fourteenth line.
The amendment was adopted.
The report was agreed to.
The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 24; nays,o.
The Senate took up the report of the Judiciary Committee on the bill of the House to authorize the City of Americus to appropriate certain moneys for school purposes.
Proof of due legal notice of intention to apply for the passage of this bill was submitted to the Senate.
The report, which was favorable, was agreed to.
The bill was read the third time and passed by a constitutional majority, there being ayes, 23; nays, o.
The Senate took up the report of the Judiciary Committee on the bill of the House to correct certain mistakes of reference in the lien laws of this State as contained in sections 1978, 1987, 1989, 1992 and 1994 of the Code of 1873
The report was agreed to.

SEPTE~!IlER 5' 188 I.
The bill was read the third time and passed by a com stitutional majority, there being ayes, 24; nays, o.
The Senate took up the report of the Judiciary Com. mittee on the bill of the House to amend an act to require the payment of moneys arising from fines and forfeitures into the county treasury and regulate the disbursement of the same, approved February 22, 1876.
The report was agreed to. The bill was read the third time and passed by a con titutional majority, there being ayes, 24; nays, o.
The Senate took up the report of the Judiciary Com mittee ott the bill of the House to provide for the signingand certifying of bills of exceptions now required by law to be signed in twenty days after said twenty days, in certain cases.
The report was agreed to. The bill \\as read the third time and passed by a constitutional majority, there bt.:ing ayes, 25; nays, 2.
The Senate took up the report of the Judiciary Committee on the hill of the House to authorize the City of Americus to increase its indebtedness z,s provided in sec tion 7, article 5 of the Constitution.
Said committee recommended the passage of the bill, with the following amendments:
Amend title by striking out the words "article 5, and inserting in lieu thereof "article 7."
Amend section 1 by striking out the word "vi0Jation" in the eighth line and inserting in lieu thereof the word ''valuation.''
The amendments were received. The report was agreed to. The bill wa: read the third time and passed, as amended, by a constitutional majority, there being ayes, 25 ; nays, o.

JouRNAL OF THE SENATE.
Proof of due legal notice \Vas submitted to the Senate of notice to apply for the passage of this bill.
The Senate touk up the report of the Judiciary Committee on the bill of the House to prohibit the sale or fur nishing of spirituous, malt or intoxicating liquors within the limits oi Jefferson county, and to provide a punishment for the same.
Proof of due legal notice was submitted to the Senate. 'l'he report was agreed to. The bill was read the third time and passed by a const i tutional majority, there being ayes, 23 ; nays, o.
The Senate took up the report of the Committee on Corporations on the bill of the House to amend an act to incorporate the town of Palmetto, etc., approved February 18, 1854, by changing the corporate name of said town from ''a Board of Commissioners" to a Mayor and Council, and by providing for the election of said Mayor and Council, and by conferring certain specific corporate powers on them, and for other purposes herein mentioned.
Proof of due legal notice was submitted to the Senate.
The report was agreeci to.
The bill was read the third time and passed by a constitutional majority, th01"e being ayes, 27, nays, o.
The Senate took up the report of the Committee on Agriculture on the bill of the House to prohibit camphunting in the county of Clinch by non-residents to prescribe a punishment thereefor, and for other purposes.
Proof of due legal notice was submitte:i to the Senate.
The report was agreed to.
The bill was read the third :i:ne and passed by a constitutional majority, there being ayes, 25; nays, o.
The House resolution authorizing the Commissioners of

s. SEPTEMBER r88r.

393

Agriculture to loan certain specimens of woods and minerals, was read the third time and concurred in.

The resolution of the House according certain privileges to Col. Charles C. Jones of Augusta, was read the third time and concurred in.
The Senate took up the report of the Judiciary Com mittee on the bill of the House to fix the amount of license for selling spirituous, intoxicating or malt liquors in the county of Charlton, in this State, and to prescribe a punishment for a violation of the provisions of this act, and for other purposes.
Proof of due legal notice was submitted to the Senate.

The report was agreed to.

The bill was read the third time and passed by a constitutional majority, there being ayes, 23; nays, o.
The Senate took up the report of the Judiciary Committee on the bill of the House to increase the license for selling intoxicating liquors, in any quantity, from twenty to five thousand dollars in the county of Camden.
Proof of due legal notice was submittt:d to the Senate.

The said committee reported in favor of the passage of this bill by striking out from the title and section 1 the words ' from twenty-five."
The amendment was adopted.
The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 26; nays, of

The resolution of the House in reference to :application of proceeds of sale of State property, was read the third ti:ne and concurred in by a constitutional majority of ayes, 27; nays, o.
The Senate took up the report of the Committ<.:e on the Judiciary on the bill of the House to fix the fees ol Justices

394

jOURNAL OF THE SENATE,

of the Peace and Constables, in cases of foreclosure of chattel mortgages, and for other purposes.
The report, which was favorable, was agreed to.
The bill was read the third time and passed by. a constitutional majority, there being ayes, 26; nays, o.

The Senate took up the report of the Committee on the Judiciary on the bill of the House to change tht! time of holding the Superior Courts of the county of Marion, and for other purposes.

The report was agreed to.

The bill was read the third time and passed by a constitutional majority, there being ayes, 23 ; nays, o.

The Senate took up the report of the Committee on the Judiciary on the bill of the House to authorize the Mayor and Council of the City of Macon to submit to the qualified voters of said city the question of making a contract with the Macon Gas Light and Water Company for supplying the city of Macon with water for five years, with the power of renewal for five years; whether the debt of said city shall be increased therefor, and for other purposes.

Proof of 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 and passed by a constitutional majority of ayes, 24; nays, o.
The Senate took up the report of the Judiciary Committee on the bill of the House to alter and amend an act entitled an act to amend an act entitled an act to alter and amend the several acts incorporating the City of Macon, approved December 27, 1847, and the several acts amendatory thereto, approved December 1 I, 1871, to provide for the election of the clerk and treasurer of said city by the Mayor and Aldermen thereof, and for other purposes.

SEPTEMBERs. 1881.

395

Proof of 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. and passed by a constitutional majority of ayes, 23 ; nays, o.

The Senate took up the report of the Judiciary Committee on the bill of the House to make it penal for any person to use on any of the streams of this State, any explosive or destructiye substance for the purpose of killing fish.
The report was agreed!to.
The bill was read the third time and passed by a constitutional majority, there being ayes, 23 ; nays, o.

The Senate took up the report of the Judiciary Committee on the bill of the House to repeal so much of an act to prevent any person or persons from seining for fish in the waters of the Suwannoochee and Tom's Creeks in the counties of Clinch and Echols, as relates to Clinch county.

Proof was submitted to the Senate of the required legal notice.

The report was agreed to.
The bill was read the third time and passed by a constitutional majority of ayes, 23 ; nays, o.
The Senate took up the report of the Judiciary Committee on the bill of the House to change the time of holding the Superior Courts in the county of Quitman.
The report was agreed to.

The bill was read the third time and passed by a constitutional majority of ayes, 23 ; nays, o.
The Senate took up the report of the Committee on Corporations on the bill of the House to repeal section

JouRNAL OF THE SENATE,
3 of an act entitled an act to amend an act entitled an act to incorporate the town of Clarksville in the connty of Habersham; to appoint commissioners for the same, and for other purposes, approved December 9, 1871.
Proof of due legal notice was submitted to the Senate.
The report was agreed to.
The bill was read the third time and passed by a constitutional majority of ayes, 23 ; nays, o.
The Senate took up the report of the Jud!ciary Com-
mittee on the bill of the House to amend an act entitled an act to authorize the issue of interest bearing bonds by the Mayor and Council of the City of Macon for refunding the present bonded debt and refunding that part of the floating debt of said city herein specifi-ed, etc., approved August I 5, 1879, so as to authorize the use of the bonds therein provided for, in refunding such of the coupons or interest warrants of the bonded debt of said city as matured up to and including the first day of January, 1880, together with judgments founded on the same; to define the duty of the Commissioners of the bonded debt of the City of Macon, and for other purposes.
Proof of due legal notice was submitted to the Senate.
The report was agreed to.
The biB was read the third time and passed by a constitutional majority of ayes, 23 ; nays, o.
The Senate cook up the report of the Committee on Finance, on the bill of the House to authorize the Commissioners of Roads and Revenues for the county of Mitchell to issue bonds not to exceed the sum of $IO,ooo, and bearing interest not exceeding the rate of seven per cent. per annum, for the purpose of building a court house for said county, and to provide for the payment of the same.

s, SEPTEMBER !881.

397

Proof of due legal notice was submitted to the Senate. The report was agreed to.
The bill was read the third time and passed by a constitutional majority, there being ayes, 23; nays, o.

The Senate took up the report of the Committee on Education, on the bill of the House to secure uniformity in grading teachers of public schools.
The report was agreed to. The bill was read the third time and passed by a constitutional majority of ayes, 24; nays, o. The Senate took up the report of the Committee on Corporations, on the bill of the House to define and declare and make plain the bou'lds and limits of the Militia districts in the county of Chatham, outside of the City of Savannah. Proof of due legal notice was submitted to the Senate. The report was agreed to. The bill was read a third time and passed by a constitutional majority of ayes, 24; nays, o. The Senate took up the report of the Judiciary Committee on the bill of the House, to amend section 4259 of the Code of Georgia in reference to the service of bills exception.
The report was agreed to. The bill was read the third time, and on the question of
its passage, Mr. v.,restbrook required the ayes and nays to
be recorded. Those who voted in the affirmative are, to-wit-Messrs.

Bag!s, Baker, Barksdale, Bond, Curtis, Daniel, Denmark,

Duggar, Fouche, Guerry, Harris, Harrell, King, McDaniel,

Moseley, Payne, Smith of the 5th, Smith of the 15th, Smith of the 23d, Westbrook, Wilson.

Those who voted in the negative are, to-wit-Messrs.
Winn.
Ayes, 21. Nays, I.

JouRNAL oF THE SENATE,
The bill not having received a constitutional majority, and no quorum having voted thereon, it was remanded to the desk of the Secretary for future action.
The Senate took up the report of the Judiciary Committee on the bill of the House to confer power on the Ordinary of the county of Douglas to erect gates across public and private roads in said county, and for other purposes.
Said committee recommended the passage of the bill, with certain amendments.
On motion of Mr. Fouche, the same was laid on the table.
The bill to create a Board of Commissioners for Worth county, define their powers and duties, and for other purposes, was on motion of Mr. Westbrook, laid on the table for the present.
Mr. McWhorter from the Committe on Religious Servicer, under the Governor's proclamation, made an informal report to the Senate to the effect that said services will be held at the hours designated, in the Representative Hall.
On motion of Mr. McDaniel, the Senate adjourned until 9 o'clock A. M., to-morrow.
SENATE CHAMBER, ATLANTA, GA., Tuesday, September 6, 1881, 9 o'clock A. M.
The Senate met, pursuant to adjournment, the President in the chair.
Prayer was offered by the Rev. Mr. Clarke, Representative of the county of Wayne.

SEPTl:MBER 6, I88I.

399

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

Baggs, Baker, Bond, Byrd, Curtis, Daniel, Denmark,
Duggar, Fouche, Gorman, Guerry,

Harris. Harreli, Hicks,
Jordan, Johnson,
King, .McDaniel,
Me \Vhorter,
Meldrim,
llloseley, Neal,

Parks,
Payne, Smith of the 5th,
Smith of the 15th,
Smith of the 23d, Storey, Treadwell, Wilson, Winn, Mu. Pu&SIDENT.

The Journal was read and approved. Mr. McWhorter, chairman of the Enrolling Committee, submitted the following report: Mr. President:

The Committee on Enrollment report as duly enrolled and ready for the signatures of the President and Secretary of the Senate the following acts, to-wit:
An act to incorporate the Athens Mutual Insurance Company; also,
An act to authorize the Board of Commissioners of the county of Newton to levy a tax for certain purposes; also,
An act to fix the time of holding the courts in the Northeastern circuit; also,

An act to amend an act incorporating the National Mercantile Debt Assurance Company; also,

An act to provide for the payment of certain money to certain officers in the county of Burke; also,

An act to authorize the City of Sandersville to levy a tax ior certain purposes ; also,
An act to prohibit the sale of farm products between sunset and sunrise in the couniy of Bibb; also,

An act to appropriate money for the Lunatic Asylum; also,
An act to confer certain powers upon the Intendent and Commissioners of the town of Greenville ; also,

400

JouRNAL oF THE SENATE,

An act to change the time of holding the Superior Courtsin certain counties in the Blue Ridge Circuit.
R. L. vVc\VHORTER, Chairman.

Mr. McDar.iel, chairman of the Committee on the Judiciary, and Mr. Byrd, chairman of the Committee on Agri culture, made reports from their respective committees on bills referred thereto.
Mr. McWhorter, chairman of the Special Joint Committee on Religious Services in behalf of the President of the United States, made the following report: JWr. Ptesz'dent :

The Joint Committee of the two Houses appointed to make suitable arrangem:::nts for religious services on the 6th instant, in compliance with the proclamation of his Excellency, the Governor, this day, beg leave to submit the following report:

There will be three brief addresses in the hall of the House of Representatives, to begin at 10~ o'clock A. M., with the following programme :

Voluntary, by the choir, "Hear us, Oh, Father." Prayer by the Rev. Dr. Jones, Chaplain of the House. Music, "Softly now the Light of Day." Address and prayer by Rev. Dr. Martin. Music, "The Way is Dark and Dreary." Address and prayer by Rev. Or. Spalding. Music, "Christ Risen."

Addressand Prayer by Rev. Clement C. Evans. Music, "Jesns Lover of my Soul." Benediction.
Submitted. R. L McWHORTER, Cfzairman Senate Committee. R. L STOREY

R. D. CROZIER,

Clzairman House Committee.

J. T. HESTER.

J. W.

BARNES.

SEPTE:\IBER 6, I 88 I.

401

The Senate took up the report of the Judiciary Com mittee on the Bill of the House, to prescribe the mode and manner of having the lines and corners established around certain lots ot land in Clinch county, when the s:1me have been granted by the State, but no lines or corners' were ever run and established by the State, and for other purposes.
Said committee reported in favor of its passage, by striking out the second section and changing the number of section 3 to section 2.
The amendment was adopted.
The report was agreed to.
The bill having been read the third time was passed, as amended, by a constitutional majority, there being ayes, 28; nays, o.
Proof of due legal notice was submitted to the Senate.
The Senate took up the report of the Judiciary Committee on the bill of the House, to fix the amount of license for selling spirituous, intoxicating or malt~ liquors in the county of Charlton, in this State, and to prescribe a punishment for a violation of the provisions of this act, and for other purposes.
Proof of due legal notice was submitted to the Senate. The report was agreed to. The bill was read the third time and passed by a constiutional majority, there being ayes, 28 ; nays, o.
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 prohibit the sale of itltoxicating liquors within
26

402

}OURNAL OF THE SENATE,

two miles of any church in the corporate limits of the City of Forsyth ; also,
A bill to enlarge the jurisdiction of the City Court of the City of Savannah ; also,

A bill to regulate the practice in Equity cases referred to Masters in Chancery, and for other purposes; also,

A bill to amend the several acts incorporating the City of Macon, in the county of Bibb, and for other purposes ;. also,
A bill to be entitled an act to provide for the electrotyping of all Reports of the Supreme Court of Georgia ; also,
A bill to amend an act entitled an act to create a Board of Commissioners for the county of Greerte, approved February 19, 1876; also,
A bill to amend an act to regulate the time for which the Mayor of the City of Augusta shall hold office; also,
A bill to incorporate the Broad River Railroad Company, and for other purposes ; also,

A bill.to alter and amend an act entitled an act to incorporate the Citizens Bank of Augusta, approved De-
cember 7, 1880; also,
A bill to provide for fixing the venue in suits against telegraph companies ; to provide for service in such cases, and for other purposes; also,

A bill to be entitled an act to provide for changing the times of holding the Superior Court of Troup county; also,.
A bill to prohibit the sale of intoxicating liquors within two miles of the Baptist and Methodist Churches in the village of Long Cane, Troup county; also,
A bill to alter an act to incorporate the town of Decatur in the county of DeKalb, assented to December IO, 1823,. and for other purposes ; also,

SEPTEMBER 6, I 88 I.

40J

A bill to prohibit the sale of spirituous liquors in two miles of Prospect Church, in the county of DeKalb; also,
A bill to amend an act to incorporate the town of Tennille in the county of Washington, and to appoint Commissioners for the same, and for other purp:-Jses; also,
A bill to prevent the practice of hunting deer in the night tim:.: by fire light, u~ually ulled fire hunting-. and for other purposes; also,
A bill to prohibit the s:de of spirituous liquors in the county of Walton, and for other purposes.
The following message was received from his Excellency, the Governor, through :\lr. Avery, his Secretary.

Mr. Presidmt:
I am directed by his Excellency, the Governor, to de liver to the Senate a sealed communication, to which he invites the consideration of your honorable body in executive session.
On motion of Mr. Jordan, the Senate went into executive session, and having remained some time therein, returned to open session.
The Senate took up the report of the Judiciary Committee on the bill of the House to prohibit the sale of spirituous, vinous and malt liquors, except for medical purposes, in the county of Glynn.
Proof of due legal notice was submitted to the Senate.
The report was agreed to.
The bill was read the third time and passed by a constitutional majority, there being ayes, 27; nays, o.
The Senate took up the report of the Committee on Corporations on the bill of the House to amend the acts approved February 27, 1877, and October 13, 1879, in reference to the road laws of Fulton: county, by !ttriking from said acts ''one mile" and inserting ''one-half mile,"

JouRNAL OF THE SENATE,
so that, hereafter, tbe chain gang of Fulton county cannot be worked within one mile of the center of the City of Atlil.nta.
Proof of due legal notice was submitted to the Senate.
The report \\'as agreed to.
The bill was read the third time and passed by a constitutional majority, there being ayes, 30; nays, o.
The St:nate took up tht: report of the Committee on the Judiciary on the bill of the House to prevent the purchase, or sale, or receipt or <1elivery of any seed cotton, between the hours of sunset or sunrise.
The same was, on motion, laid upon the table for the present.
The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the town of Pelham, in the county of Mitchell, and provide a government for the same.
Proof of due legal notice was submitted to the Senate.
The report was agreed to.
The bill was read the third time and passed by a constitutional majority, there being ayes, 30; nays, o.
By resolution of Mr. Treadwell, the Hon. Thos. W. Latham was invited to a seat on the floor of the Senate.
The Senate took up the report of the Finance Committee on the bill of the House to appropriate money to refund double taxes illegally collected by the State of Georgia from the Underwriters' Agency of New York.
The report was agreed to.
The bill was read the third time, and on the question of its passage, the ayes and nays were ordered to be recorded.
Those who voted in the affirmative_are, to-wit-Messrs.

SEPTEMBER 6, I 88 I.

Baggs, Baker, Bond, Byrd, Curtis, Daniel, Denmark,
Duggar,
Fouche. Guerry,'

Harris, Harrell, Hicks, Jordan,
.To!Jnson, King,
:\IcDaniel,
.:\lc\Vhorler,
Meldrim, l\Ioseley,

PPaayrnk-"~,
Smith of the 5th, Dmith of the 15th, Smith of the 23d,
~Iorey,
Treadwell, Wilson, Winn.

Ayes, 29. Nays, o.

So the bill was passed by a constitutional majority.

The Senate took up the report of the Finance Committee on the bill of the Hou<>c to appropriate money to refund double taxc;:; ilk:gally collected by the State of Georgia, from the Home Insurance Company of 1\ew York.

The report was agreed to.

The bill was read the third time, and on the question of its passage, the ayes and t.ays were ordertJi to be recorded.

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

Baggs, Baker,
Bon< I, Bn<l Curds,
Daniel. Denuuirk, Duggar,
Fouche. Guerry,

Hat-ris, Harrell, Hick>', .Jordan, Johnson, King, .:\Jc>Daniel,
:\Ic \Yhorter,
:\Ieldrim,
.:\Ioseley,

Parks, Pavne.
Sniith 'or the .5th,
Smith of the 15th,
Smith of the 23<1,
Storey,
Treadwell, \Vil<on, \\rinn.

Ayes, 29. 1\ays, o.

So the bill having received a constitutional majority, was passed.

The Senate took up the report of the Committee on Corporations, on the bill of the House to incorporate the town of Arlington, in the counties of Calhoun and Early, and provide for the election of a mayor and aldermen for said town, and for other purposes.

Said committee recommended the passage of the bill with certain amendments, which were adopted.

The report was agreed to.

JOURNAL OF THE SENATE,

The bill was read the third time and passed, as amended,
by a constitutional majority, there being ayes, 24; nays, o.

The Senate took up the report of the Finance Commit tee, on the resolution of the House to grant authority to W. H. Harrison to publish the acts of thi'> session, 1880
and 1881.

The report was agreed to, and on the question of concurring therein, the ayes and nays were ordered to be re eorded.
Those who voted in the affirmitive are, to wit-Messrs

Baggs, Baker,
Bond, Byrd, Curtis, Duggar, Daniel, Fouche, Guury,

Harrell, lltcks,
Jo!Jnson, Jordan, King, Meldrim, Ainsley,
McDaniel, Ntal;

Payne, Parks,
Smtih of the 5th, . Smith of the 15th,
Smith of the 23d,
Storey, Treadwell, Wilson,
Winn.

Ayes, 28. Nays, o.
So the resolution was concurred in by a constitutional majority.
The hour fixed for religious services in the Hall of Rep resentatives having arrived, the Senate adjourned until 10 o'clock A. M., to-morrow.

SENATE CHAMBER, ATLANTA, GA., Wednesday, September 7, 1881, 10 o'clock A. M.
The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Rev. John Jones, D. D. On the call of the roll, the following Senators answered to their names, to-wit :

SEPTEMBER 7. 1881.

407

'Baggs,
:Mond, .Baker, Byrd, Brown, Ben mark, Curtis, Guerry. Daniel,
.Duggar, {F}uoUrtmah~e , Harrell,

Harris, Hicks,
Hawes, JOIrlan.
Johnson,
Kin~,
.Mattox, '.:\ln<(Je}'.
.:\l!'ldrirn, )fc \Vhorter, i\k Daniel, Neal,

Price, Parks, Payne, ~-t my,
Smith, of the 5th, Smith of the 15th, Smith of the 23d, Treadwell, Westbrook, \Vum, Wibon, llu. PnESinEXT.

The Journal was read and approved.

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 incorporate the Augusta Canal and Savannah River Boat Company, and for other purposes; also,
A bill to incorporate Me Ville, in the counties of Telfair and Montgomery, and for other purposes.
The House of Repsentatives has also agreed to the following resolutions, to-wit:
A resolution authorizing his Excellency, the Governor, to purchase from Mrs. Ella M. Cook, for the use of the State, twelve hundred volumes of the Supreme Court Re. ports of the State, and to draw his warrant to pay for the same; also,
A resolution that the General Assembly adjourn sine die at 12 o'clock M., on Tuesday, the 23d of September, in.stant.
The Senate took up the special order of the morning, towit: The report of the Committee on the Penitentiary on the bill of the Senate to provide for the better inspection, .management and control of the convicts of this State.
The report of said committee was favorable to the pass.age of this bill.

408

JouR:-;AL OF THE SENATE,

Mr. Westbrook offered as a substitute for the bill pending. a bill to provide for the more efficient inspection of the convict camps .of this State, and the management and control of the convicts therein, and for other purposes.

Mr. Hawes proposed to amend the report of the committee by substituting the following for section 4 of the original bill: "It shall be the duty of the lessees when a convict is discharged, to furnish such convict transportation to the county in this State from which he was sentenced; also, a suit of citizen's clo~hes, not to exceed in cost the sum of $6 50."
On motion of Mr. Parks, the ,,hole subject matter pending was recommitted to the Committee on the Penitentiary.
Mr. McDaniel, chairman of the Committee on the Ju-
diciary, and Mr. Byrd, chairman of the Special Joint Committee on Temperance, submitted reports from their respective committees.
l\Ir. Fouche, chairman of the Committee on Finance submitted a majority and minority report on a bill to appropriate money to the 1'\orth Georgia Agricultural College at Dahlonega.
Under a suspension of the rules, on motion of Mr. Smith of the 15th District, the Senate took up a resolution providing the hour of 9 o'clock A. 111., as the hour of meeting, instead of ro o'clock A. ~!., after this day.
The same was agreed to.
The bill to.require Insurance Companies doing business in this State to pay the full amount of their insurance policies, etc., was withdrawn by the mover, with consent of the Senate.
The bill of the Senate to prohibit the manufacture, sale or importation into this State of any chemical fertilizers, and provide a penalty for the same, etc., was laid on the: table for the present.

SEPTE~IliER 7, I 88 I.
The following bills of the House were read the second time and passed to a third reading. to wit:
A bill to require all Clerks of Superior and City Courts to make immediate record of certain original papers filed in said courts, etc.
The bill to prescribe the mode of granting license to sell intoxicating liquors in the county of Telfair, etc.
A bill to appropriate the sum of ten thousand dollars to the U nivcrsity of Georgia, to rebuild and refurnish the North Georgia College, at Dahlonega.
A bill to regulate the sale of spirituous, vinous and malt liquors in the county of Gwinnett.
A bill to change the time for revising the jury boxes in this St
A bill to alter and amend the corporate limits of the town of Bowdon, in Carroll county, and for other purposes.
A bill to amend an act to create a Board of Commissioners of I~oads and Revenue for Chattooga county, etc.
The bill of the Senate to make the first, or return term the trial term in certain cases, in suits on written obligations in the Superior Courts, was read the second time and passed to a third reading.
The bill of the House to repeal an act to authorize the Justices of the Inferior Court of Bartow county to settle or compromise certain bonds of said county, and for other purposes, was taken up under adverse report of the J udiciary Committee, and lost by an agreement with said report.
The Senate took up the report of the Judiciary Committee on the bill of the House to confer police powers upon conductors of passenger trains in this State; to provide a punishment for a neglect of their official duties, and for other purposes.
Said committee recommended the passage of the same with the following amendment.

410

} OURNAL OF THE SENATE,

Add to section I the following: ''Provided nothing herein contained shall affect the liability of any Railroad Company for the acts of its employes."
The amendment was adopted. The report was agreed to.
The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 29; nays, o.
The Senate took up the joint resolution of the House fixing the hour of I 2 o'clock, meridian, on the 23d inst., as the day and hour for the adjournment, szize die, of the present General Assembly.
The same was read, and on motion of Mr. McDaniel, amended by striking therefrom the words ''at 12 o'clock, meridian."
The resolution, as amended, was concurred in and ordered to be transmitted at once to the House of Representatives.
The following bills of the House were read the first time and referred to the Committee on the Judiciary, towit:

A bill to enlarge the jurisdiction of the City Court of Savannah; to prevent the Judge thereof from practising law, and for other pur!)oses.

A biJ to provide for fixing the venue in suits against telegraph companies ; to provide for service in such cases arising within the State of Georgia.
A bill to provide for changing the times of holding the Superior Court of Troup county.

A bill to prohibit the sale of intoxicating liquors within two miles of the Baptist and Methodist churches in the village of Long Cane, Troup county, Georgia.
A bill to prohibit the sale of spirituous, vinous and malt liquors, except for medicinal and sacramental purposes, in the county of Walton, etc.

SEPTE;\fBER J, r88r.

411

A bill to prvhibit the sale of intoxicating liquors within two miles of Prospect Church in the county of DeKalb.
A bill to amend the several acts incorporating the City of Macon, and for other purposes.
A bill to amend an act to create a Board of Commissioners for the county of Greene, approved February 19, I8J6.
A bill to prohibit the sale of intoxicating drinks within two miles of any church in the corporate limits of the City of Forsyth, Georgia, etc.; and
A bill to regulate the practice in equity causes referred to Masters in Chancery, and to prescribe the mode of trial of exceptions filed to the reports of Masters' in Chancery, and for other purposes.
The following bills of the House were read the first time, and referred to the Committee on Corporations, to-wit:
A bill to amend an act to alter, change and amend an act to incorporate the town of Decatur, in the county of DeKalb, assented to December IO, 1823, and the subsequent acts amendatory thereof, etc.
A bill to amend an act to incorporate the town of Tennille in the county of 'vVashington, and for other purposes.
A bill to incorporate the town of MeVille, in the counties of Telfair and Montgomery, and for other purposes.
A bill to incorporate the Augusta Canal and Savanah River Steamboat Company, and for other purposes; and
A bill to amend an act to regulate the time for which the Mayor of Augusta shall hold office, and for other purposes, etc.
The bill of the House to provide for the electrotyping of all Reports of the Supreme Court of Georgia hereafter published, was read the first time and referred to the committee on the State Library.

412

JouRNAL OF THE SENATE,

The bill of the House to prevent camp hunting in the night time, was read the first time and referred to the Committee on Agriculture.
The bill of the House to incorporate the Broad River Railroad Company, and for other purposes, was read the first time and referred to the Co:nmittee on Interml Improvements and Railroads.
The bill of the House to alter and amend an act to incorporate the Citizens Bank of Augusta, approved December 7, rSSo, was read the first time and referred to the Committee on Banks.
A resolution of the House authorizing his Excellency the Governor to purchase from Mrs. Ella :\1. Cook, certain Supreme Court Reports, \\"as read the first time and referred to the Committ<;c on Finance.
The following message was recci\ed from his Excellency the Governor, through :VIr. \Varren, his Secretary, to-wit:
Jlfr. President:
I am directed by his Excelkncy the Governo:, to deliver to the Senate a communication in writing, with accompanying document.
On motion of Mr. McWhorter, the foregoing message was taken up and referred to tht..: Committee on Railroads.
The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the town of Leary in the county of Calhoun; to grant election powers and privileges to the said town, and for other purposes.
The said committee reported in favor of its passage with certain amendments, which were adopted.
The report was agreed to.
The bill was read the third time, passed by a constitutional majority of ayes, 30; nays, o; and
On motion of Mr. Hawes, ordered to be transmitted to the House without delay.

SEPTDlllER 7, t88 I.
Proof of due legal notice was submitted to the Senate. The Senate took up the report of the Judiciary Committee on the bill to repeal all the laws concerning the registration of voters in Camden county. Proof of due legal notice was submitted to the Senate. 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 bill of the House to repeal an act to establish a Board of Commissioners of Revenue, Roads, Bridges and Paupers for the county of Murray, was taken up for a third reading, and on motion of Mr. Treadwell, was laid on the table for the present.
The Senate took up the report of the Committee on Temperance on the bill of the House, to prohibit the sale of spirituous, malt or intoxicating liquors, in any quantity. whatever, in the 427th District, G. M., in the county of White, and known dS ~acoochee District, and to provide a penalty therefor, and for other purposes.
Satisfactory proof of legal notice was submitted to the Senate.
The report was agreed to. The bill was read the third time and passed, by .a constitutional majority, there being ayes, 33 ; nays, o. Leave of absence was granted Mr. McWhorter, for a few days and the leave of absence of Mr. Suddath Nas extended for a few days. The Senate took up the report of the Judiciary Com mittee on the bill of the Senate to amend section I 282 of the Revised Code of 1873, relating to Superintendents of Election for members of the Legislature.
Said Committee reported in favor of the bill with certain amendments, which were adopted.
Th'e report was a'reed t0.

jOURNAL OF THE SENATE,
The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 37 ; nays, o.
The Senate took up the report of the Judiciary Committee on the bill of the Senate to amend section I 377 of the Revised Code of I 873.
Said committee reported in favor of its pas5.age with certain amendments, which were adopted.
The report was agreed to. The bill was read the third time and passed as amended, by a constitutional majority, there being ayes, 29; nays, o..
The Senate took up the report of the Committee on Corporations on the bill of the House to fix the time for the election of Mayor and Ald~:.rmen of the town of Eastman, in the county of Dodge; to prescribe qualifications for voters, and to require all voters to register, and for other purposes.
Said committee reported in favor of the passage of the bill with amendments, which were adopted.
The report was agreed to. - The bill was read the third time and passed as amended, by a constitutional majority of ayes, 33 ; nays, o.
Proof of due legal notice was submitted to the Senate.
The Senate took up the report of the Committee on Corporations on the bill of the House to authorize and require the proper officials of several counties in this State to provide for doing extraordinary work on the public roads at the county expense, and for other purposes.
Said committee reported in favor of its passage with cer tain amendments, which were adopted.
The report was agreed to. The bill was read the third time and passed, as amended,
by a constitutional majority of ayes, 29; nays, o.

SEPTEMBER 7, r88r.
The Senate took up the report of the Judiciary Committee on the bill of the House to change the time of holding the Superior Court of Upson 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 the report of the Judiciary Committee on the bill of the House to change the time of holding the Spring Terms of Macon Superior Court, 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.
The Senate took up the report of the majority of the Judiciary Committee on the reconsidered bill of the Senate to regulate the sale of spirituous, intoxicating liquors in the State outside of incorporated towns, cities and villages ; to determine by election the granting of license to sell such liquors within the limits of incorporated towns, cities and villages; to prescribe a penalty for the violation of the provisions of this act, and for other purposes.
The majority of said committee reported in favor of the passage of the bill with the following amendment, to-wit : strike out in line 22 of section r, the words, "two-thirds of the freeholders," and insert the words, "a mJ.jority of the qualified voters."
Mr. Gorman proposed to amend the report of the committee by striking out in the amendment thereof, the words, "a majority of the qualified voters," and inserting in lieu thereof, the words, '' a majority of freeholders."
The amendment of Mr. GormJ.n was not adopted.
Mr. Hawes offered a substitute for the bill and proposed amendment of the committee, and on the question of adopting the same, the ayes and nays were required to be recorded.

416

JouR!'IAL OF THE SENATE,

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

Duggar, Fuuclle, Hawes,

Mattox. l'IIcWhortcr, Moseley,

Parb, 8mith of the 23<1, Winn.

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

Baggs, Baker, Brown, Bond, Byrd, Curtis, Daniel, Denmark, Gorman,
Ayes, 9

Gnerry, Harris, Harrell,
Hick~,
Jordan, Johnson, King, :McDaniel, Meldrim,
Nays, 25.

Neal, Payne, Pricl', Smith of the 5th, Smith of the 15th, Storey, Westbrook.

So the substitute was not adopted.

The question recurring upon the proposed amendment of the committee, the same was adopted.

The report was then agreed to, and on the question, shall this bill now pass as amended? the ayes and nays were required to be recorded.

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

Baggs, Bond, Brown, Byrd, Curtis, Daniel, Oorman. Guerry,

HaiTell, Hicks, Jordan, Johnson, King, McDaniel, Moseley, Neal,

Parks, Payne, Prif'e, Smith of the lith, Smith of the 15th, Smith of the 23d, Storey,

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

Baker, Denmark, Duggar, WeHbrook,
Ayes, 23.

Fouche, Barris, Hawes, Winn,
Nays, I 1.

Mattox, McWhorter, :\Ieldrim.

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

The hour of adjournment having arrived, the President declared the Sentate adjourned until 9 o'clock A. M., to morrow.

SEPTDIBER 8, r8 8 1.

417

SENATE CHAMBER, ATLANTA, GA.,

Thursday, September 8, r88r, ro o'clock A. 111.

The Senate met pursuant to adjournmeut, the President in the chair.
Prayer was offered by the Rev. J. \V. Heidt, D. D.,
Chaplain of the Senate.

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

Bagg~,
Baker, Brown. Bonrt,
Byrd, Carter, Curtis, Daniel, Denmark,
Dug~ar,
Fouche, Gorman, Guerry, Harris,

Harrell,
Hawes, Hackett, Hieks,
Jordan, Johnson, King, ;\lcDaniel, Mattox, }[c Whorter,
l\Icldrim,
Moseley, Neal,

Parks, Payne, Price, Reid, Smith of the 5th, Smith of the 15th, Smith of the 23d, Treadwell, Westbrook, Wilson, Winn, Woodward.
MR. PRESIDENT.

The Journal was read and approved.

The Senate took up the special order of the morning, viz: The bill of the House to incorporate the Union Railroad Company, and to define its rights, powers and privileges, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to on the 2d instant, and the bill was read the third time.

On motion of Mr. Fouche, the bill was recommitted to the Committee on Corporations.

Mr. McDaniel, chairman of the Committee on the Judiciary; Mr. Price, chairman pro tem., of the Committee on Railroads; .Mr. Byrd, chairman o.f the Committee on Agriculture ; Mr. Winn, chairman of the Committee
27

418

JouRNAL oF THE SENATE,

on Corporations; and Mr. Guerry, chairman of the Committee on Banks, made reports for their respective committees on matters referred thereto.
Leave of absence was granted Mr. Storey on account of sickness, and to .Messrs. Moseley and Mattox on committee business.
By resolution of Mr. Parks, a seat in the Senate was tendered the Hon. C. B. Wooten, ex-Senator from the Eleventh District.
The bill of the Senate to abolish the Agricultural Bureau of Georgia, reported upon adversely this day by the Committee on Agriculture, was taken up, and on motion, laid on the table for the present.
The bill of the House to repeal the sixth section of an act to levy and collect a tax for the support of the State Government, etc., for the fiscal years 188 I and I 882, approved December 7, 188o, and to re-enact in lieu thereof a section fixing and regulating a tax on Building and Loan Associations, was taken up under adverse report of the Judiciary Committee, and lost by agreement with said report.
The following resolutions of the House were read the second time and passed to a third reading, to-wit:
A bill to alter and amend an act to incorporate the Citizens Bank of Augusta, approved December 7, 1880.
A bill to amend the charter of the City of Macon, by enlarging and extending the power and authority of the Mayor and Council thereof; to create a Board of Health for said city, and for other purposes.
A bill to prohibit the sale of intoxicating liquors within two miles of the Baptist and Methodist Churches in the village of Long Cane, Troup county, Georgia, and provide a penalty therefor.
A bill to amend an act to alter, change and amend an act to incorporate the town of Decatur, in DeKalb county,

SEPTEMBER 8, 1881.
assented to December ro, 1823, and subsequent acts amendatory thereof, approved March 3. 1856, December 15, 1871, and February 29, 1876, and to confer additional powers on the corporate au'thorities of said town.
A bill to prohibit the sale of intoxicating liquors in any quantity, within two miles of Prospect Church, in thecounty of DeKalb.
A bill to enlarge the jurisdiction of the City Court of Savannah ; to prevent the Judge thereof from practising law, and hr other purposes.
A bill to incorporate the Dahlonega Savings Bank.
A bill to provide for changing the times of holding .the Superior Court of Troup county.
A bill to amend an act to regulate the time for which the Mayor of the City of Augusta shall hold office, and for other purposes, approved February 23, 18]6, by striking from the second section of said act the words following-, to-wit : " That no person, except one elected to fill an unexpired term, !:hall be eligible to re election to said office until after the expiration of one term, or the lapse of three years."
A bill to supersede an act to incorporate the town of Buchanan in Haralson county, and to establish a new charter therefor, etc.
A bill to provide for fixing the venue in suits against telegraph companies, and to provide service in such cases arising within the State of' Georgia.
A bill for the relief of Elder James W. Howard and Deacons D. M. Morris and Wesley H. Tice of the Second Baptist Church of Columbus.
A bill to prohibit the sale of spirituous, vinous and malt liquors, except for mechanical, medicinal and sacramental purposes, in the county of Walton, and for other purposes.

420

}OURNAL OF THE SENATE,

A bill to incorporate the Augusta Canal and Savannah River Steamboat Company, and for other purposes.

A bill to incorporate the Broad River Railroad Company, and for other purposes.

A bill to incorporate the Tennille and Wrightsville Railroad Company, and to grant certain privileges to the same, etc.
A bill to amend an act to create a Board of Commis sioners for the county of Greene, approved February 19, 1876.
The biil of the Senate to amend an act to enable the purchasers of railroads to form corporations, etc., assented to February 29, 1876, and for other purposes, was read the second time and passed to a third reading.

The Senate took up the report of the Committee on Corporations on the bill of the House to amend an act prescribing the method of granting license to sell spirituous or intoxicating liquors or bitters in the town of Eastman and the county of Dodge, in this State, and to fix the license therefor, and to prescribe a penalty for a violation of the requirements of this act, and for other purposes.

Said committee recommended the passage of the bill with certain amendments, which were adopted.

The report was agreed to.
The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 29; nays, o.
Proof of legal notice was submitted to the Senate.

The Senate took up the report of the Judiciary Committee on the bill of the House to put the liquor license in Montgomery county at not less than five thousand dollars.

SEPTEMBER 8, I 88 I.

421

The proof of due legal notice was submitted to the' Senate.
Said committee reported in favor of its passage with: certain amendments, which were adopted.
The report was agreed to.
The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 32; nays, o.
The Senate took up the report of the Committee on Corporations on the bill of the House to fix the license for the retailing of spirituous liquors in the county of Washington at twenty thousand dollars, in addition to the present restrictions in the statute books regarding the granting of license in this county, and to require the incorporated cities and towns in the county to conform to this act ; to provide penalties for its violation, and for other purposes.
Proof of legal notice was submitted to the Senate.
Said committee reported in favor of its passage.
The report was agreed to.
The bill was read the third time and passed by a consti-
tutional majority of ayes; 27 ; nays, o.

The Senate tnok up the report of the Committee on Corporations on the bill of the House to alter and amend the corporate limits of the town of Bowdon in Carroll county, and for other purposes.
The report, which was fa, ui able, was agreed to.
The bill was read the third time and passed by a constitutional majority of ayes, 28; nays, o.
Satisfactory proof of legal notice was submitted to the Senate.
The Senate took up the report or the Judiciary Committee on the bill of the House to repeal section 171 I of the

422

JouRNAL oF THE SENATE,

Revised Code of this State, and to insert another section in lieu thereof.
Said committee reported in favor of its passage with certain amendments, which were adopted.
The report was agreed to. The bill was read the third time and passed as amended, by a constitutional majority, there being ayes, 28; nays, o. The Senate took up the report of the Judiciary Committee on the bill of the House to amend section 4259 of the Code of Georgia, in reference to the service of bills of exceptions. The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority of ayes, 27 ; nays, o.
The Senate took up the report of the Finance Committee on the bill of the House to provide for the collection of the special taxes imposed by law on dealers in spirituous or malt liquors, or intoxicating bitters, and for other purposes.
Said committee reported in favor of its passage with certain amendments, which were adopted.
The report was agreed to.
The bill was read the third time and passed, as amended, by a constitutional majority of ayes, 28; nays, o.
The following message was received from the House of Representatives, through Mr. Harden, the Clerk thereof.
Mr. President:

The House of Representatives has passed the following bills, to-wit:
A bill to apply all moneys received by the Department of Agriculture for inspecting fertilizers in excess of what is necessary to defray the expense of said Agricultural Department, to the common school fund of the State ; also,

SEPTEMBER 8, I88I.
A bill to prohibit the sale of intoxicating liquors at Delhi, in Wilkes county, and within a radius of (4) four miles of said village of Delhi ; also,
A bill to provide for the payment of the insolvent criminal costs of the Clerk and Sheriff of Richmond county out -of the treasury, and for other purposes; also,
A bill to increase the license tax on liquor in the county --of Bryan to the sum of five thousand dollars ; also,
A bill to amend section 244 of the Code of 1873; also, A bill to prohibt the sale of intoxicating drinks, of either malt or spirituous liquors, within one-half mile of the Union A. M. E. Church, in Monroe county; also, A bill to prohibit any publisher of school books or agent -of any such a publisher, or any person interested pecuniarily in the sale of school books, from acting as a member of any Board of Board of Education in any county in this State; also, A bill to authorize the publication of a new Code of Georgia; to define the duties of the Governor in reference to the publication and distribution thereof, and to appropriate money for the same ; also,
A bill to repeal the local road law of Bryan county, which was enacted in 1873, and to substitute therefor the _general road laws of this State; also,
A bill to apportion among the several counties of this State the whole number of Representatives of which the House of Hepresentatives under the Constitution is composed ; also,
A bill to be entitled an act to amend the charter of the town of Hampton, in the County of Henry; also,
A bill to repeal an act to establish a system of public -schools for the City of Carterwille; also,
A bill to change so much of the act creating the Board <10 Commissioners of Lee county, approved February 28,

JouRNAL oF THE SENATE,
1876, as relates to granting retail license, and for other purposes; also,
A bill to repeal an act to incorporate the town of Wes ton, formerly known as ''Hard Money," in the county of Webster, approved ).larch 6, 1856, and an act to amend an act incorporating the town of vVeston, \Vebster county, Georgia, approved February r6, 1866.
The House of Representatives has also agreed to the following resolution, to-wit :
A resolution in relation to the property of the Georgia State Lottery.
The House of Representatives has also concurred in the Senate's amendments to the followinr bills of the House, to-wit:
A bill to be entitled an act to prescribe the mode of having the lines and corners established around certain lots of land in Clinch county when the same have been granted by the State, and for other purposes ; also,
A bill to amend an act to require the payment of moneysarising from fines and forfeitures into th'=! County Treasury,. and for other purposes ; also,
A bill to increase the license for selling intoxicating liquors in any quantity in the county of Camden ; also,
A bill to incorporate the town of Arlington in the counties of Calhoun and Early.
The Senate took up the report of the Committee on Corporations on the bill of the House to amend an act tocreate a Board of Police Commissioners for the City of Augusta in this State; to define its powers and duties, and for other purposes, approved August 26, 1879, by extending the terms of office of the present incumbents; by changing the mode of electing the members of said Board,. and by making the Mayor of the City of Augusta an exofficio member of the said Board, and for other purposes..

SEPTEMBER 8, I 88 I.
Proof of legal notice was submitted to the Senate.
The report, which was favorable, 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 the report of the Committee on Corporations on the bill of the Houst: to repeal all laws and all amendments to laws heretofore passed incorporating the town of Blackshear, Pierce county, Georgia, and also all law3 and amendments to laws conferring civil and crimina: jurisdiction for the county of Pierce on the Mayor thereof; to provide for the election of a Mayor <tnd Aldermen, prescribe their powers and duties, and for other purposes.
Said committee reported in favor of its passage with certain amendments, which were adopted.
The report was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority of ::tyes, 29; nays, o.
Proof of due legal notice was submitted to the Senate. The Senate to ~k up the report of the Committee on Corporations on the bill of the House to amend the several acts incorporating the town of Dahlonega.
Proof of legal notice was submitted to the Senate.
Said committee reported in favor of its passage with certain amendments, which were adopted.
The 1eport 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 took up the report of the Committee on Corporations on the bill of the House to incorporate the town of Rising Fawn, in the county of Dade, and to grant powers and privileges to the same, and for other purposes.
Proof of due legal notice was submitted to the Senate.

jOURNAL OF THE SENATE.
Said committee reported in favor of its passage with certain amendments, which were adopted.
The report was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority of ayes, 31; nays, o.
The bill of the House to change the time for the revision of the jury boxes in this State, which was taken up for a third reading, was on motion of Mr. Fouche, laid on the table.
The bill of the Senate to require all Clerks of the Superior and City Courts to make immediate record of certain original papers on file in their offices, which was taken up for a third reading, was on motion of Mr. McDaniel, laid on the table.
The Senate, on motion of Mr. Wilson, took up the report of the Committee on the ) udiciary on the bill of the House to confer power on the Ordinary of the county of Douglas to erect gates across public and private roads in said county, and for other purposes.
Proof of legal notice had on a previous day been submitted to the Senate, and the report had been agreed to with an amendment.
The bill was read this day the third time and passed, as amended, by a constitutional majority of ayes, 32; nays, o.
On motion of Mr. Fouche, the bill of the Senate, to fix the fees of Public Weighers of Cotton, and to punish the <:barging and taking of excessive fees, was taken up for further action.
The minority report, which was favorable to the passage of the bill, was amended and adopted in lieu of the adverse report of the majority of the Judiciary Committee, on the 12th day of August, at which date the bill was laid on the table, pending the question of its passage.
After discussion, Mr. Payne called for the previous

SEPTEMBER 9 1881.

question. The call was seconded. The main question was put, to-wit: Shall this bill now pass as amended? On this proposition, the ayes and nays were required to be :recorded.

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

Brown, Bond, Byrd, Carter,
Daniel, DFouug0~"l1w1r; Gorman,

Guerry, Harrell,
Hawes
Hackett,
Hicks, King, .Moseley, Xeal,

Payne, Price, Smith Jf tile 5th, Smith of the 15th, TrPadwell, Wilson, Woodward.

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

Bagg-s, BDeankmer~1 k, Harris,
Ayes, 23.

Johnson, Meldrim, McDaniel,
Park~.
Nays, I2.

Heid. tlmith of the 23d,
W l'Stbrook, Winn.

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

The Senate, on motion, adjourned until 9 o'clock A. 111., to-morrow.

SENATE CHAMBER, ATLANTA, GA.,

Friday, September, 9 r88r, 10 o'clock A. M.

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

Prayer by the Rev. John W. Heidt, D. D., Chaplain of the Senate.

On the call of the roll, the following Senators answered

to their names, to-wit:

Baggs, Buker, Brown,
Bond, Byrd, Carter, Curtis, D:tniel,
Denmark,
Du~gar,

Harrell, Hawes, Hackett, Hicks, Jordan,
Johnson, King,
McDaniel, Mattox, Meldrim,

Price,
Reid, Smith, of the 5th, Smith of the 15th, Smith of the 23d, Storey, Treadwell, Westbrook, Wilson, Winn,

JouRNAL OF THE SENATE,

Fouche, Gorman, Guerry, Harris,

Moseley, Neal, Parks, Payn!',

Woodward,
1\lR. PHESIDENT.

The Journal was read and approved.

Mr. M:Dmicl, cluit'mJ.n of the Judiciary Co:nnittee; Mr. Fouche, ch<1irman of the Committee on Finance; Mr. Winn, chairman of the Committee on Corporations; and Mr. Byrd, chairman of the Committee on Agriculture, made report,; from their several committees in relation to matters referred thereto, respectively.
Under a suspension of the rules, Mr. Payne introduced
the following bill, which was read the fir:;t time and referred to the Committee on the Judiciary, to-wit :

A bill to amend paragraph I, section 18, article 6 of the Constitution of Georgia, by repealing the provision therein providing for the selection of the mo~t experienced, intelligent and upright rPen to serve as grand jurors, and intelligent and upright men to serve as traverse jurors, and by enacting that the General Assembly shall provide for the selection of upright and intelligent persons to serve as jurors, and to abolish the distinction between jurors.

Mr. Gorman, chairman pro tem. of the Enrolling Committee, submitted the following report:

Mr. President:

The Committee on Enrollment report as duly enrolled and ready for the signatures of the President and Secretary of the Senate, the following acts and resolutions, to-wit:
An act to amend an act eAtitled an act to authorize the issue of interest bearing bonds by the Mayor and Council of the City of Macon.
An act to require uniformity in grading teachers of pubHe schools.
An act to continue of force an act to authorize the county of Dougherty, by its Commissioners, to issue bonds.

SEPTE~113ER 9 I 88 I.
An act to increase the salary of the County Treasurer of the county of Baldwin.
An act to grant to R. C. Mitchell & Co. certain privileges.
An act to authorize the sale of certain lots and fractional lots of land in this State.
An act to prohibit any person keeping a bar-room, or other place where spirituous liquor is sold by retail, from employing minors therein.
An act to prohibit camp-bunting in the county of Clinch by non-residents.
An act to appropriate money to the Georgia Academy for the Blind.
An act to provide for but one grand jury to serve for each term of Hall Superior Court.
An act to authorize the City of Americus to appropriate certain moneys tor school purposes.
An act to prohibit the oale or furnishing of spirituous liquors within the limits of Jefferson county.
An act to legalize the action of the Board of Commissioners of Roads and Revenues of the county of Douglas.
An act to authorize the Commissioners of Roads and Revenues for the county of Mitchell to issue bonds.
An act to amend an act to establish a Board of County .Commissioners for the county of Columbia.
An act to fix the fees of Justices of tht! Peace and Constables in:cases of foreclosure of chattel mortgages.
An act to correct certain mistakes of reference in the lein laws of this State.
An act to provide for the signing and certifying of bills .of exceptions.
An act to fix the amount of license for selling spirituous, jntoxicating or malt liquors in the county of Charlton.

430

jOURNAL OF THE SENATE,

An act to make it penal for any person to use on any of the streams of this State any explosive substance for the purpose of killing fish.
An act to fix the amount of license for selling spirituous liquors in the couuty of Webster.
An act to change the time of holding the Superior Courts in the county of Quitman.
An act to amend the charter of the Savannah, Florida & Western Railway Company.
An act to prohibit the riding or driving of any horse or mule belonging to another without his consent.
An act to repeal section 3 of an act entitled an act to amend an act entitled an act to incorporate the town of Clarksville in the county of Habersham.
An act to repeal so much of an act to prevent any person or persons from seining for fish in the waters of the Suwannoochee and Tom's Creek in the counties of Clinch and Echols as refers to Echols.

An act to amend an act entitled an act to incorporate the town of Palmetto in the county of Campbell.
An act to alter and amend an act entitled an act to amend an act entitled an act to alter and amend the several acts incorporating the City ot Macon.
An act to change the time of holding the Superior Court of the county of Marion.
An act to define and declare and make plain the bounds and limits of the militia districts in Chatham county which lie outside of the City of Savannah.

A resolution according to Colonel Chas. C. Jones free access to the records and documents of the State.

A resolution to authorize the Commissioner of Agriculture to loan specimens of minerals and woods.
A resolution in reference to application of proceeds of sale of State property.

SEPTEMBER 9 188 J.

431

A resolution to grant authority to \N. H. Harrison to publish the acts of this session, 1880 and 1881.
'vV. R. GoRMAN, Cltairman, pro tem.

Mr. Price, chairman of the Committee on Education, made a report on a certain bill referred to said committee.
The following bills of the House were read the first time, and referred to the Committee on the Judiciary, to-wit:
A bill to authorize the publication of the new Code of Georgia; to define the duties of the Governor in reference to the publication and distribution thereof, and to appropriate money for the same.
A bill to amend section 244 of the Code of Georgia of 1873, which requires ] udges of the Superior Courts to give their charges in writing in certain cases.
A bill to change so much of the act creating the Board of Commissioners of Lee county, approved February 28, 1876, as relates to the granting retail license for sale of liquor, and for other purposes.
A bill to prohibit the sale of intoxicating liquors within one mile and a half of Unionville A. M. E. Church, in Monroe county; to provide a penalty for the same, and for other purposes.
A bill to increase the license tax on liquors in the county of Bryan, to the sum of five thousand dollars.

A bill to prohibit the sale of intoxicating liquors at Delhi, in 'vVilkes county, Georgia, and within a radius of said village of Delhi; and
A resolution in relation to the property of the Georgia State Lottery.
The following bills of the House were read the first time and referred to the Committee on Education, to-wit:

432

jOURl\AL OF THE SENATE,

A bill to prohibit any publisher or person interested in the sale of school books to serve as a member of any Board of Education; and
A bill to repeal an act establishing a system of public schools in the City of Cartersville, etc., approve(Octoher I, 1879.
The following bills of the House were read the first time, and referred to the Committee on Finance, to-wit:
A bill to amend the charter of the town of Hampton, empowering the corporate authorities thereof to levy and collect a tax, etc., and for other purposes; and
A bill to provide for the payment of the insolvent costs of the Clerk and Sheriff of Richmond county, out of the county treasury, and for other purposes.
The following bills of the House were read the first time and referred to the Committee on Agriculture, to-wit:

A bill to repeal the local road laws of Bryan county, etc; and
A bill to apply all moneys received by the Department of Agriculture for inspecting fertilizers, in excess of expenses to the school fund of the State.
The bill of the House to apportion among the several counties of this State the. whole number of Representa tives of which the House of Representatives under the Constitution is composed, and declare the number of Rep resentatives to which each county is entitled under the tenth census of the United States, and for other purposes, was read the first time and referred to the Committee on Ap portionment,
The bill of the House to repeal an act to incorporate the town of Weston in Webster county, was read the first time and referred to the Committee on Corporations.
The following bills of the House were read the second time and passed to a third reading, to-wit :

SEPTEMBER 9 I 88 I.

433

A bill to prevent the practice of hunting deer in the night time, etc.
A bill to provide for keeping a record in each county of this State of the wild lands laying and being therein, and to regulate the manner of giving in wild lands for taxation in this State ; and
A bill to incorporate the town of MeVille in the counties of Telfair and Montgomery.
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 incorporate the Covington and South River

R01ilroad Company ; also,



A bill to incorporate the Citizens Savings Bank of Savannah ; also,

A bill to regulate the sale of spirituous or intoxicating liquors of any kind in the county of Polk, and for other purposes ; also,

A bill to authorize and empower the Mayor and Aldermen of the City of Savannah to tax the property of the Savannah, Florida and \Vestem Railroad Company "'ithin the jurisdictional limits of the City of Savannah ; also,

A bill to repeal an act to keep open, remove and prevent obstructions to the free passage of fish in the waters of all rivers and mouths of creeks of this State, approved December ro, 1878, so far as the same relates to the <:ounty of Haralson; also,

A bill to appropriate the sum of five thousand dollars for the repair of public buildings at Milledgeville, in said State ; also,
28

434

JouRNAL OF THE SENATE,

A bill to establish a new charter for the town of Franklin in the county of Heard, and for other purposes ; also,

A bill to amend section 4424 of the Code of 1873, and for other purposes.

The House of Representatives has also agreed to the following resolution, to-wit:

A resolution providing for the payment of mileage to the members of the General Assembly, in which they ask the concurrence of the Senate.

The House of Representatives has also passed the following bill of the House, to wit :

A bill to prohibit the sale of spirituous liquors at any point within two miles of Mount Carmel church in the county of Gwinnett ; to attach a penalty to the violation of the provisions thereof, and for other purposes ; also,

A bill to establish a permanent Board of Education for the town of Lumpkin, in the county of Stewart, and for other purposes.

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

A bill to regulate the manner of paying out the public school money to the teachers of public schools.
A bill to regulate the payment of teachers' wages in the public schools of the State, and to define the manner of computing the same ; and
A bill to increase, enlarge and improve the educational facilities and appliances of the University of Georgia.
Mr. Parks, chairman pro tem. of the Committee on Enrollment submitted the followin~ report:

Mr. President: The Committee on Enrollment report as duly enrolled
and signed by the Speaker of the House of Representatives, and ready for the signature of the President and Secretary of the Senate, the following act :

SEPTE:IIBER 9 I 88 I.

435

An act to fix the license for the retailing of spirituous liquors in the county of washington at twenty thousand dollars, in addition to the present restrictions on the statute books regarding the granting of licenses in this county, and to require the incorporated cities and towns in the county to conform to this act; to provide penalties for its violation, and for other purposes.
J,\:\IES G. PARK, Clzm'rman pro l<m.

The Senate took up the report of the Judiciary Committee on the bill of the Senate to repeal section 3935 cf the Revised Code of I8i3, and to substitute therefor a different method of impanneling and filling up juries in felony and other criminal cases.
Said committee, by a majority, reported in favor of its passage by substitute.
The substitute was adopted. The majority report was ag-reed to

The bill was read the third time and passed, as amended by substitute, by a constitutional majority, there being ayes, 2 5 ; nays, 4
The Senate took up the report of the Judiciary Committee on the bill of the Senate to make the first, or re turn term, the trial term upon all suits brought in the Superior Courts, upon all written obligations where it is so agreed upon, or stipulated in the face of the obligation or contract sued on.
The report, which was favorable, was agreed to.
The bill was read the third time and passed by a constitutional majority, there being ayes, 27; nays, 3
The bill of the Senate to amend an act to enable purchasers of railroads to form corporations, etc., was taken up for a third reading, but without being read, was on motion of Mr. Price, laid on the table until to-morrow.
The Senate took up the report of the Finance Committee

}OURC\AL OF THE SEC\ATE,

on the bill of the House to create a Board of Commissioner for \North county, define their powers and duties, and or other purposes.

Said committee reported in favor of its passage with -certain amendments, which were adopted.

The report was agreed to.

The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 34; nays, o.

Proof of due legal notice wa::; submitted to the Senate.

The Senate took up the report of the majority of the Committee on Finance on the bill of the House to appropriate the sum of ten thousand dollars to the University of Georgia to rebuild and refurnish the North Georgia -College at Dahlonega.

The report being favorable, was agreed to.

The bill was read the third time, and on the question of its passage, the ayes and nays were recorded.

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

BBaak.r~()r's; Brown, Bond, Byrd, Carter, Curtis, Dani<'l, .Denmark, Duggar, Gorman, Guerry, Harris,

Harrell,
Reid, Hawes, Hicks, Jordan, .Johnson, Kin" l\IcD;niel. :'!Iattox, 1\leldrim, Moseley, Neal, Park8,

Payn,e, Price, Reid, Smith of the 5th, Smith of the 15th, Smith of the 23d, Storey, Treadwell Westbrook Winn, l'l'ooclwanl.

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

Fouche,

Hackett.

Ayes, 37 Nays, 2.

So the bill was passed by a con~titutional majority.

[The minority report on the foregoing bill was signed
and presented by Mr. Fouche, chairman of the Committee
on Finance, who doubted the power of the General Assembly to make the appropriation under the present Consti-

.tion.]

SEPTD!l3ER 9 I88r.

437

The Senate took up the report of the Judiciary Committee on the bill of the House to prescribe the mode of granting license to sell intoxicating liquors of any kind in the county of Telfair in this State, and also within the corporate limits of the incorporated towns in said county,. and to prescribe a fee of five thousand dollars for the same, and for other purposes.
The report being favorable, was agreed to. The bill was read the third time and passed by a constitutional majority, there being ayes, 3 I ; nays, o. Proof of due legal notice was submitted to the Senate. The Senate took up the report of the Committee on Education on the bill 0f the Senate to repeal sections 1201 and 1202 of the Code of 18i3, in relation to the appointment of a Special Board of Visitors to attend and report upon the examination of the University of Georgia. The committee reported in favor of its passage by substitute. The substitute was adopted. The report was agreed to. The bill was read the third time and passed, as amended' by substitute, by a constitutional majority of ayes, 30 ; nays, o.

The Senate took up the report of the Judiciary Committee on the bill of the House to amend an act to create a Board of Commissioners for the county of Greene, approved February 19, I8i6.
Proof of legal notice was submitted to the Senate.

The report being favorable, 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 the report of the Committee on Corporations on the bill of the House to amend the charter of the .City of Macon, in the county of Bibb, by enlarging: and extending the power and authority of the Mayor an&

JOURNAL OF THE SENATE,
Council thereof; to create a Board of Health for said city, and to confer upon such board additional authority in the sanitary regulation of said city, and for other purposes.
Proof of due legal notice was submitted to the Sen<!te.
Said committee reported in favor of its passage with certain amendments, which were adopted.
The report was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority of ayes, 26; nays, o.
The bill of the Senate to empower the Railroad Commissioners to make joint freight rates; to publish rates, clas~ifications, etc., was withdrawn by the mover, with consent of the Senate.
The Senate took up the report of the Committee on the State Library on the bill of the Senate to change the term of office of the State Librarian.
Said committee reported in favor of its passage by substitute, which was adopted.
The report was agreed to. The bill was read the third time and passed, as amended by substitute, by a constitutional majority of ayes, 30; nays, o. The Senate took up the report of the Committee on Corporations on the bill of the House to supersede the charter of the town of Buchanan, Haralson county, and to establish a new charter therefor, and for other purposes.
Satisfactory proof of legal notice was submitted to the Senate.
Said committee reported in favor of its passage, with amendments, which were adopted.
The report was agreed to.
The bill was read the third time and passed, as amended, by a constitiutional majority of ayes. 30; nays, o.

SEPTE~IBER 9 I88I.

439

The Senate took up the report of the Judiciary Commit tee on the bill of the House to enlarge the jurisdiction of the City Court of Savannah; to prevent the Judge thereof from practising law, and for other purposes.

The report was favorable, and agreed to. The bill was read the third time and passed by a con stitutional majority of ayes, 32 ; nays, o.

The Senate took up the report of the Committee on Corporations on the bill of the House to amend an act to alter, -change and amend an act to incorporate the town of Decatur, in the county of DeKalb, assented to December 10, 1823, and the subsequent acts amendatory thereof, approved respectively, March 3. 1856, December 15, 1871, and February 29, 1876, and to confer additional powers on the corporate authorities of said town.

Proof of legal notice was submitted to the Senate.
The report was favorable, and 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 on the Judiciary on the bill of the House to prohibit the sale of intoxicating liquors, in any quantity, within ten miles of Prospect Church, in the county of DeKalb.
Proof of legal notice was submitted to the Senate.

The report was favorab~e, and was agreed to.

The bill was read the third time and passed by a consti tutional majority of ayes, 25; nays, o.

The Senate took up the report of the Judiciary Commit:tee on the bill of the House, for the relief of Elder James W. Howard and Deacons D. M. Morris and Wesley H. 'Tice, of the Second Baptist Church of Columbus, etc.

Proof of legal notice was submitted to the Senate. 'The report, which was favorable, was agreed to.

440

JOUR::\AL OF THE SENATE,

The bill was read the third time and passed by a constitutional majority of ayes of 30; nays, o.
The Senate took up the report of the Committee on Corporations on the Bill of the House to incorporate the Augusta Canal and Savannah River Steamboat Company, and for other purposes.
Proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority of ayes, 26; nays, o. The Senate took up the report of the Judiciary Committee on the bill of the House to provide for fixing the venue in suits against telegraph companies ; to provide for service in such cases arising within the State of Georgia.
The report, which was favorable, 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 the report of the Committee on Banks on the bill of the House to incorporate the Dahlonega Savings Bank.
Proof of due legal notice was submitted to the Senate. Said committee reported in favor of its passage with amendments, which were adopted.
The report was agreed to.
The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 24; nays, o.

The Senate took up the report of the Judiciary Committee on the bill of the House to provide for changing the times of holding the Superior Court of Troup county.
The report, which was favorable, was agreed to.

The bill was read the third time and passed by a constitutional majority, there being ayes, 28; nays, o.

SEPTE:.\IBER 9, 188 I.

44I

The Senate took up the report of the Committee on Railroa'ds on the bill of the House to incorporate the Broad River Railroad Company, and for other purpoc;es.

The report, which was favorable, was agreed to.
Proof of due legal notice was submitted to the Senate.
The bill was read the third time and passed by a constitutional majority of ayes, 3 I ; nays, o.
The Senate took up the report of the Judiciary Committee on the bill of the House .to prohibit the sale of intoxicating liquors of any and every kind within two miles of the Baptist and Methodist Churches in the village of Long Cane, Troup county, Ga., and to provide a penalty therefor.
Proof of due legal notice was submitted to the Senate.
The report, which was favorable, was agreed to.

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

Mr. Moseley, chairman of the joint committee to consider and report as to the treaty between this State and the State of South Carolina concerning the boundary between said States, the navigation, etc., of the Savannah river, made the following reports for the majority and the minority of said committee, which were read, and one hundred copies ordered to be printed, to-wit:
Mt. Presidmt:
The committee appointed under a joint resolution of the General Assembly, from the two Houses, to take into consideration the terms of the convention of Beaufort, as to the line between Georgia and South Carolina, and especially as touching the question of obstruction in the rivers forming said boundary lines; also, what acts have been passed by the Legislature of Georgia, if any, authoriz:ng and permitting said rivers to be dammed up or obstructed

442

JouRNAL OF THE SENATE,

as to prevent navigation and the free passage of fish ; also, to inquire what obstructions or dams have been placed in or across said rivers, at what places, and the character of .such obstructions and their effect upon the navigation and free passage of fish, and report what action, if any, should be taken to induce a compliance on the part of Georgia with the terms of the treaty, have had under consideration the various duties, and the undersigned, as a part of said committee, beg leave to submit the following report:
Upon reference to the articles of the convention held at Beaufort, in the State of South Carolina, and approved on the 28th of April, I787, and subsequently ratified by both Georgia and South Carolina, we find that the boundary line was definitely established by said convention, and also that it was enacted by said convention that the navigation of the Savannah river and the most northern stream of the Tugalo river shall be henceforth equally free to the citizens of both States, and exempt from all duties, tolls, hindrance, interruption and molestation whatsoever, attempted to be enforced by one State on the citizens of another.
'vVe find a great deal of legislation upon the subject on our statute books, beginning as early as 1802, and extendIng down to I87I, the most important of which begins with the act approved December I 5, r8og, which was an act to keep open, remove and prevent obstructions in Savannah river calculated to impede the free passage of fish and the navigation of said river by boats, so far as respects the counties of Richmond, Columbia, Lincoln, Elbert and Franklin, a> far as the mouth of Tugalo and Keowee rivers.
Again, an act to keep open, remove and prevent obstructions in S:1vannah river calculated to impede the free passage of fish, and for other purposes, approved December 1o, I8 I 2 ; also, another act, amendatory of the last named

SEPTEMBER 9 I88I.

443

actabove, approved December IS, 1816; also, another act on same subject, approved December 22, I829; also, an act amendatory of the act of I 829, approved December 22, I830.
All of the aforenamed acts look mainly to keeping open and unobstructed for navigation and the passage of fish the Savannah and Tugalo rivers.

On December 27, I84S. an act was approved incorporating the proprietors of the Augusta Canal Company, and giving them certain privileges and powers, but requires said comp:my to open and keep open the boat sluice on the outside _of their dam, at the head of their canal, so that navigation of the river at that point shall be made and kept at least as good as it was before the construction of their dam ; and the said proprietors shall not be allowed by any extension of said dam, or any other work, to obstruct the navigation of said river or the free passage of fish.

\V e also find that by an act approved the Igth Decem her, 1849, the Boara of Manag-ers of the Augusta Canal Company was empowered to sell, transfer ,md convey to the City Council of Augusta the canal, its appurtenances and all other property and effects belonging to said company, and that the City Council of Augusta shall be vested with all the power and authority and privileges conferred on said company.

Then by an act approved December 12, I8JI, we find that said City Council of Augusta was authorized and empowered to enlarge the said Augusta Canal any where along the line of said canal by widening and deepening the same, making basins and reservoirs or otherwise; also, to construct a branch canal, canals leading from said canal to the Savannah river, or from said Savannah- river to said canal, or from any part of said canal to any part thereof; and to construct any dams, aqueducts, tow-paths, waste-

444

JOURNAL OF THE SENATE,

weirs, races, weirs, or other structures to improve or make available said canal and branch canal, or canals for manufacturing purposes. 'vVe find no other legislation by our State upon this subject which we deem material.

Your committee, on the 24th of August last, visited Augusta for the purpose of examining the dam constructed by the City Council of Augusta at the head of their canal. They found this dam extending entirely across Savannah river at that point. It run5 for 1000 feet obliquely up the river, and is, in dimensions, 2 I feet wide at the base and
6 ~ feet at the top ; averages about IO Yz feet high. At
the end of the 1000 feet it turns almost at .a right angle with the channel of the river, and extends a distance of 720 feet to the Carolina bank of the river, with practically the same dimensions of the first section. In this 720 feet are four openings, three of which are about 20 feet each in width ; the fourth one is only r 2 feet wide. These openings were made for the purpose of admitting the passage of fish. The entire dam is constructed in the most approved style of masonry, and combines the great est durability and strength. The undersigned are of the opinion that it is impossible for fish to ascend through these openings in the dam. The dammed up water escapes with c;uch tremendous force and velocity that it as practically obstrncts the river as if they had not been made, or as if the dam had been constructed solidly from bank to bank. Owing to the peculiar construction of the river immediately below said dam, the greatest tacilities are afforded fishermen in placing traps, nets, seins and any and all other means for catching fish. Before the dam was built, the water over these shoals was too strong and deep to allow this fishing so extensively as at present; and obstruction offered by the dam now causes them to congregate in much larger numbers than before, and can be more readily caught.

SEPTB!BER cj, I 88 I.

445

Now, as to what action should be recommended to induce a compliance on the part of Georgia with the terms of the treaty, the undersigned feel a great diffidence in suggesting. \Ve are firmly of the opinion if Augusta had allowed her dam to remain connected at one end to the island in the river, as it was before the enlargement, or had continued it diagonally up the river until it rec.ched another island still further out in the river than the first dam went, it would have secured as much water as they now have or as the city will ever receive; but in view of the large . expenditure already made by Augusta in constructing this dam across the river, the undersigned recommend that the City of Augusta be allowed a reasonable time to construct such fish ways in the vacancies already in the dam as it now stands; to determine by actual experiment if it be practicable thereby to admit the free passage of fish. If, after such experiment, the fish ways should prove impracticable, we recommend that the dam be so changed as to leave open one-fourth of the river in one continuous span of water.
All of which the undersigned respectfully submit. S. H. MosELEY, Clzairman. W. H. MATTox, of t1ze Senate.
1\fr. Mays, of Richmond, of the House Committee, also submitted the following, to-wit:

I concur in the above report with the following exceptions:
I. After careful examination and inspection of the sluices or openings in the above described dam, and being assured by experienced fishermen that said sluices or openings are sufficient and ample for the free passage of fish up and down said Savannah river, I am constrained to dissent from that portion of the report which expresses the opinion that it 1s impossible for fish to ascend through these openings in the dam, on account of the force and

JouRNAL oF THE SENATE,

velocity with which the water escapes through said openings.
I also, am con.pelled to dissent from that part of the report which declares in effect that the erection of the dam has facilitated the trapping of fish immediately below it, by making a scarcity of water among the shoals at that point. It is in my knowledge that fish were trapped among said shoals in much greater numbers before the construction of the dam than since.

I must dissent also from any language contained in the report which implies that these obstructions are a violation of the treaty of Beaufort, or the laws of Georgia, or of South Carolina, now in force.

I am also convinced that in no other way could the pro-

prietors of the Augusta Canal have procured either the

volume or the pressure of water which they now require

and use in supplying the manufacturing operations of

Augusta and vicinity, than the one actually adopted in the

construction of their dam.

Respectfully submitted.

s. vVARREN MAvs,

Of t!tc House of Representatives.

Also the following additional report : Th.e Savannah river was never navigable above Augusta for other than pole boats, and since the proprietors of the Augusta Canal have provided ample facilities for their passage through their canal, we do not find that navigation has been impeded at the point where the obstructions lie in said Savannah river.
Respectfully submitted. W. H. MATTOX, of the Senate. S. WARREN MAYS, of the House.
The following bills of the House were read the first time, and referred to the Committee on the Judiciary, towit:

SEPTEMBER 9, 1881.

447

A bill to amend section 4424 of the Revised Code of 1873, prescribing presentments for larceny after trust, etc.

A bill to authorize and empower the Mayor and Aldermen of the City of Savannah to tax the ~property of the Savannah, Florida and \Vestern Railway Company within the jurisdictional limits of the City of Savannah.

A bill to regulate the sale of spirituous or intoxicating liquors of any kind in the county of Polk, and for other purposes.
A bill to prohibit the sale of spirituous, vinous or malt liquors at any point or place within two miles of Mount Carmel Church, in the county of Gwinnett, and fer other purposes.
The following bill of the House was read the first time, and referred to the Committee on Railroads, to-wit:

A bill to incorporate the Covington and South River, Railroad Company, and for other purposes.

The following bill of the House was read the first time and referred to the Committee on Agriculture, to-wit:

A bill to repeal an act to keep open, remove and prevent o).;;tructions to th~ free pa3s:1ge of fish in the waters of all rivers, and mouths of creeks of this State, approved December 10, 1878, so far as the same applies to the county of Haralson.
The following bill of the House was read the first time and referred to the Committee on Banks, to-wit:
A bill to incorporate the Citizens Saving Bank of Savannah.
The following bill of the House was read the first time, and referred to the Committee on Education, to-wit :
A bill to establish a permanent Board of Education for the town of Lumpkin, in the county of Stewart, and for other purposes.

JouRNAL OF THE SENATE,
The following bill of the House was read the first time, and referred to the Committee on Corporations, to wit :
A bill to establish a new charter for the town of Franklin, in the county of Heard, and for other purposes.
The bill of the House to appropriate five thousand dollars for repair of the public buildings at Milledgeville, and a House resolution providing for the payment of mileage to members of the General Assembly, were read the first time, and referred to the Committee 011 Finance.
The Senate having disposed of all business on the desk of the Secretary, adjourned, on motion, until 9 o'clock A. M., tomorrow.

SENATE CHAMBER, ATLANTA, GA.,

Saturday, September 10, 1881, 9 o'clock A. M.

The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Rev. J. W. Heidt, D. D.,
Chaplain of the Senate.

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

Baggs, Baker,
Brown,
Bond,
Byrd, Carter,
Curtis, Daniel,
Denmark, Duggar,
Fouche, Gorman,
Gnerry,

Harris.
Hawes;
Hackett, Hicks,
Johnson,
King,
llcOaniel, Mattox,
Meldrim,
l\Ioscley, PNaerakl~,

Payne, Price, Heid, Smith of the 5th, Smith of the 23d, Storey, Treadwell, Westbroo',
Wilson,
'Vinn, Woodward,
~ln. PHESIDE~T.

The Journal was read and approved.

Leave of absence was granted Mr. Smith of the Fifteenth District, Mr. Butt and Mr. Johnson.

SEPTEMBER 10, Iss I.

449

Mr. McDaniel, chairman of the Committee on the Judiciary; Mr. Winn, chairman of the Committee on Corporations; Mr. Fouche, chairman of the Co:nmittee on Finance; Mr. Byrd, chairman of the Committee on Agriculture, and Mr. Price, chairman of the Committee on Education, and as chairman pro tem. of the Committee on Railroads, made reports from their respective committees on matters referred thereto.

On motion of Mr. Gorman, the rules were suspended, and the Senate took up the report of the Judiciary Committee on the bill of the Senate to regulate the sale of pistols in this State, and to provide a punishment for the same, and for other purposes.

The Judiciary Committee reported adversely to its pas sage.

Mr. Gorman moved to disagree to said report.

This motion did not prevail.

On the question of agreeing to said report, Mr. Gorman

required the ayes and nays to be recorded.

Those who voted in the affirmative are, to-wit-:\1essrs.

Baker Daniei, Dem11ark. Foucbe,
Guerry,

Harris, Hawes. Hackett, King,
~lelrlrim,

Parks, Westbrook, wilson, ';Vinn,
Woodward.

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

Baggs, Brown B"nd, ' By:cl, Carter, Curtis,
Ayes, I).

Dnggar~
Gorman, Hicks,
~lattox.
l\losele}. Neal,
Nays, 17.

Price, Smitb of the 5tll, Smith of the 23nl, Storey, Treadwell.

So the adverse report was not agreed to, and the bill was passed to a third reading.

The following message was received from the House of
Representatives, through Mr. Hardin, the Clerk thereof: 29

450

JOURNAL OF THE SENATE,

Mr. President:
The House of Representatives has passed the followingbills, to-wit :
A bill to relieve E. Polk, security on J ett Dobbs' forfeited bond, in Paulding Superior Court, and for other purposes; also,
A bill to require each county in this State to defray expenses of trying every commission of lunacy, and of transferring lunatics and other insane persons, ,,ho may be by due course of law declared insane, to the Lunatic Asylum, and for other purposes; also,
. A bill to amend an act entitled an act to create a Board of Commissioners of Roads and Revenues for the county of Fulton, and to define their powers, and for other purposes ; also,
A bill to appropriate money to pay bond No. 225, of the State of Georgia, issued under act of February 27, I 8 s6, now held by executor of John f. Gittings, and for
other purposes. The House of Representatives has also concurred in the
Senate's amendments to the following bills of the House, to-wit:
A bill to incorporate the town of Leary, in the county of Calhoun; to grant election powers and privileges to the the said town, and for other purposes; also,
A bill to provide for the collection of t> e special taxes imposed by law on dealers in spirituous liquors; also,
A bill to amend the several acts incorporating the town of Dahlonega; also,
A bill to amend an act prescribing the method of granting license to sell spirituous liquors in the t0\\11 of East man, Dodge county; also,

A bill to authorize and require the proper officials of the several counties of this State to provide for the doing of

SEPTEMBER 10, I88 [.

451'

extr,wrdi nary work on the public roads, at the county expense ; also,

A bill to provide for the registration of voters in the to1Yn of Eastman ; also,

A bill to repeal all laws and amendments to laws heretofore passed incorpr,rating the town of Blackshear, and for other purposes; also,
A bill to ir.corporate the town of Rising Fa,m, in the county of Dade, and to grant pmYers and privileges to the same; also,
A bill to put the liquor license in :\1ontgomery county at not less than five thousand dollars.
The House of Representatives has concurred in Senate's amendment, No. 1, and refuses to concur in Senate's amendment, ?\ o. 2, to a bill to confer power on the Ordinary of the county of Douglas, and for other purP"ses.
The House of Representatives has also agreed to the followin,; re::o] u tions, to wit :
A resolution authorizing the State Treasurer to pay in. terest due on certain bond~ of this State herein mentioned.
The House of Representatives has also passed the fol lowing bill, to \\it:
A bill to repeal an act entitled an act to incurporate the town of DeSoto, in the county of Floyd, and to in. corporate the s:1me, de llfi'i'O; also,
A bill to incorporate the Southside Street Railroad CompalY of the City of Atlanta, and for other purposes.
The bill of the Senate to declare the town of Toccoa in Habersham county the site of a branch Lunatic Asylum was withdr.1wn by the mover, with consent of the Senate.
The following bills of the Senate were read the second time and passed to a third reading, to-wit:

JouRNAL oF THE SENATE,
A bill to amend paragraph r, section I 8, article 6 of the Constitution, in relation to the selection of jurors.
A bill to amend an act to provide for the regulation of freight and passenger tariffs on the railroads of this State; and
A bill to provide for a more efficient collection of the insoln::nt poll tax, and to better secure the proper applica tion of the same.
The following bills of the House were taken up for a second reading under adverse reports of committees, and severally lost by aueemcnt with said reports, to wit:
A bill to amend section 4424 .of the Revised Code of r8j3 ; and
A bill to amend section 244 of the Code of I 873. The following bills of the House were read the second time and passed to a third reading, to wit:
A bill to prohibit the sale of intoxicatin6 drinks of either malt or spirituous liquors in any q'.nntity within o 1e mile and one half of Unionville A. M. E. Church, in \lonroe county, etc.
A bill to pre>hibit th~ ,; tle of spiritu J:.J ;, vi110.1; o: m tl t liquor,; at any point within two mi~es of Mt Car.ncl Church, in Gwinnett county.
A bill to increase the license tax on liquors in the county of Bryan.
A bill to proi1ibit the s:J.le of intoxic.1ting liquors at Delhi, in Wilkes county, an.d within a radius of four miles of said village of Delhi.
A bill authorizing the Governor to purchase certain Supreme Court Reports from :Vlrs. Ella M. Cook, and for other purposes.
A bill to change so much of the act creating the Board of Commissioners of Lee county, approved February 28,

SEPTE~IBER ro, 188 I.

453

I 876, as relates to the granting of retail licenses, and to confer authority to grant retail license upon the Ordinary of said county.

A bill to provide for the payment of the insolvent criminal co5ts of the Clerk and Sheriff of Richmond county, out of the county treasury, and for other purposes.
A bill to repeal the local road laws of Bryan county, etc.
A bill to authorize the Board of Commissior..ers of Roads and Revenues of Floyd county to purchase one or more bridges on the Etowah and Oostanaula rivers, at Rome, and to issue bonds to pay for the same, subject to the approval of the voters of said county.

A bill to authorize the publication of a new Code of Georgia; to dd1ne the duties of the Governor in reference to the publication and distribution thereof, and to appropriate money for the same.

A bill to establish a new chartL-r for the town of Franklin, in the county of liearcl, and for other purposes.

A bill to repeal a system of public schools for the city of Cartersville, and to provide for the support and maintenance thereof, and for other purposes, approved October I, 1879.
A bill to 'repeal an act to keep open, re;nove and prevent obstructions to the free passage of fish in the waters of all rivers and mouths of creeks of this State, approved December 10, 1878, so far as the same applies to the county of Haralson.
A bill to prohibit any publisher of, or person interested in the sale of school books, to serve as a member of any Board of Education.
A bill to repeal an act to incorporate the town of \V.:.ston, in Webster county, approved February 16, 1866.
A bill to amend an act to incorporate the town of Tennille in Washington county.

454

JouRNAL OF THE SENATE,

A bill to provide for the dectrotyping of all reports of the Supreme Court of Georgia hereafter published.
A bill to regulate the sale of spirituous or intoxicating liquors in the county of Polk, and for other purposes; and

A resolution in relation to the property of the Georgia :State Lottery; and
A resolution to pay the heirs of Hons. A. J. Hansell and J. ~- Wilcox, per diem for this session.
The bill of the House to repeal an act to incorporate the town of DeSoto, in the county of Floyd, and to in corporate the same de novo, was read the first time, and referred to the Committee on Corporations.

The bill of the House to amend an act to create a Board of Commissioners of Roads and Revenues for the county of Fulton, and to define their powers 1nd duties, and for other purposes, approved December 3, I SSo, and to confer add1tional powers on said Board of Commissioners, was read the first time, and referred to the Committee on the Judiciary.
By resolution of Mr. Fouche, Hon. Joel Branham, of Rome, Ga., was tendered a seat in the Senate during his stay in this city.
The following bills of the House were read the first time and referred to the Committee on the Judiciary, to-wit:
A bill to reliF.ve E. Polk, security on Jett Dobbs' forfeited bond.
A bill to appropriate money to pay bond N"o. 225 of the State of Georgia, issued under act of February 27, 1856, now held by the executor of John l'. Gittings, and to authorize the payment of the same.

A bill to require each county to defray all expenses of trying every commission of lunacy, and of transferring, etc., of lunatics and other insane persons to the Lunatic Asylum; and

SEPTEMBER 10, I 881.

455

A resolution authorizing the State Treasurer to pay interest due on certain bonds of this State, herein mentioned.

The bill of the House to incorporate the Southside Street Railroad Company for the purpose of building a street railroad on Pryor and Richardson streets, and other streets in Atlanta, Ga., was read the first time, and referred to the Committee on Railroads and Internal Improvements.

The Senate took up the report of the Judiciary Committee on the bill of the Senate to amend the law as to mechanics' liens on personalty as now provided in section 1981 of the Code of 1873.
Said committee reported in favor of the passage of the .same with amendments, which were adopted.
The report 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 took up the report of the Committee on Education on the bill of the ~enate to regulate the payment of teachers' wages in the public school<> of the State, .and to define the manner of comt>uting the same.

The said committee reported in favor of its passage.

The report was amended, on motion of Mr. Curtis, by striking out the words, ''or lowest," after the words "holding third," and before the word "grade."

The report, as amended, was agreed to.
The bill was read the third time and passed, as amended, by a constiutional majority, there being ayes, 33 ; nays, o.
The Senate took up the report of the Committee on Education on the bill of the Senat-e to declare county officers ineligible to hold the office of County School Commissioners.

jOURNAL OF THE SENATE.

Said committee reported in favor of its passage with certain amendments, which were adopted.

The report was agreed to.

The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 30; nays, o.

The Senate took up the report of the Committee on Education on the bill of the Senate to increase, enlarge and improve the educational facilities and appliances of the University of Georgi~.

The said committee reported in favor of its passage with certain a:nendments. which were ado;::>ted

The repc.rt was agreed to.

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

its p:tssJ.ge, the ayes and nays were ordered to be re-

corded.

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

Baggs,
Baker,
Brown, Bond,
Byrd,
Carter,
Curtis, Daniel,
Dnggar,

Gorman, Harris, Hawes, Hackett, Hicks,
Johnson,
Kitg, )lddrim, )foseley,

Neal, Payne, Price, Reid, Smith of the 5th,
Smith of the 23d, Stnn y, Treadwell,
Westbrook.

Those who voted in the negati"e are, to-wit-Messrs.

Denmark, Fouche. Guerry,
Ayes, 27.

~lcDaLiel,
)fattox, Parks,
Nays, 8.

Winn, Woodward.

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

The Sena~e took up the report of the Committee on Railroads on the bill of the House to incorporate the Tennille and Wrightsville Railroad Company, and to grant certain privileges to the same relating to their organizationY> the construction and operating of said road.

The report, which was favor;J.b)e, was agreed ~o

SEPTE:>IBER JO, I88I.

457

Proof of due legal notice of intention to apply for the passage of this bill was submitted to the Senate.
The bill was read the third time and passed, by a con-
stitutional majority, there being ayes, 3 t ; nays, c.
The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the town of MeVille in the counties of Telfair and Montgomery, and grant certain powers and privileges to said town, and for other purposes.
Said committee reported in favor of its passage with c'ertain amendments, which were received.
Proof of 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 and passed, as amended, by a constitutional majority of ayes, 32 ; nays, o.
The Senate took up the report of the Committee on Corporations on the bill of the House to amend an act to regulate the time for which the :VIayor of the City of Augusta shall hold office, and for other purpose,;, approved February 23, 1876, by striking from the second section of said act the words following, to wit: That no person except one eiected to fill an unexpired term, shall be eligible to re-election to said office, un:il after the expiration of one term, or the lapse of three years.
Proof of due legal notice was submitted to the Senate. Said committee reported in favor of its passage, with certain amendments, which were adopted.
The report was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 29 ; nays, o. The Senate took up the report of the Committee on Banks, on the bill of the House to amend an act to incorporate the Citizens Bank of Augusta, approved December 7, 1880.

JouRNAL OF THE SENATE,
Proof of due legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority, there being ayes, 32; nays, o. Mr. Parks, chairman of the Committee on the State Library, made a report, which was read. Mr. Price, chairman of the Committee on Education, made a report, which was read. Leave of absence was granted Mr. Jordan, on account of sickness. Mr. Meldrim introduced a bill to repeal an act to carry into effect paragraph 2, .=:ection 18, article 6, of the Constitution, so far as to provide for the revision of the jury box, and for other purposes, approved October I7, 1879, which was read the first time, 'lnd referred to the Committee on the Judiciary. ~fr. Moseley introduced the following resolution, requiring the Augusta Canal Company to construct fishways in the dam across the Savannah river at Augusta, so as to admit the free passage of fish, etc., which was read and referred to the Judiciary Committee.
The Senate having disposed of all business on the Secretary's desk, adjourned, on motion, until Moi1day hext, at IO o'clock, A. M.
SENATE CHAMBER, ATLANTA, GA.,
Monday, September I 2, 188 I, 10 o'clock A. M. The Senate met pursuant to adjournment, the President in the chair. Prayer was nffered by the Rev. John W. Heidt, D. D., Chaplain of the Senate.
On the call of the roll, the following Senators answered to their names, to-wit:

SEPTEMBER 12, I88J.

459

"Baggs, Baker, Brown, Bond, Butt, Byrd, Carter, Curtis, Daniel, Denmark, Dugg'\r,
-Fouche,

Gormnn, Gtierry,
Harri~,
HawPs, Hackett, Hicks, .Ionian,
Kin~,
.'lie Daniel, ;\'[c Whortcr,
J\Ielrlrim. :Vloselcy,'

Neal,
Park~,
Payne, PrirP, Rid, S:nith of the 5th, Snith of the 23<1,
Tn~tulwell,
Wibon, Winn. Woodward.
:\lH PHESIDII:XT.

The Journal was read and approved.

Mr. JVIcvVhorter moved a recons:deration of so much of the Journal of Saturday as relates to the passilge of the bill of the Senate to regulate the payment of teachers' wages in the public schools of the St.1te, and to define the ;manner of computing the ~ame.

The motion to reconsider prevailed.

Mr. Byrd, chairman of the Committee on Agriculture, made a report, which was read.

Leave of absence was granted Mr. Storey for this day, and to Mr. Treadwell on account of sickness.

The Senate receded from its second amendment to the bill of the House to confer power on the Ordinary of Douglas county to erect gates across public and private roads in said county, and for other purposes, which amendment pro\ ided that no gate should be erected under this act which cannot be opened and closed by persons in vehicles without alighting therefrom.

The bill of the Senate to declare the Chattahoochee ri\er .a. navigable stream for certain purposes, reported upon .adversely by the Committee on Agriculture, was with-drawn by the mover, with consent of the Senate.

The Senate took up the report of the Judiciary Committee on the bill of the House to authorize the Board of Commissioners of Roads and Revennes of Floyd county to purchase one or more bridges on the Etowah and Oosta naula rivers at Rome, and to issue bonds to pay for the

] OURNAL OF THE SEt\ATE,
same, sutject to the approval of the votes of said county.
Proof of due legal notice was submitted to the Senate. No1 E.-Mr Fouche, on his application, was (XCused from \'Oting on this bill, he being interested personally therein.
The said committee reported in favor of its passage by sub,;titute, which was adopted.
The report was agreed to.
The bill was read the th:rd time and passed, as amended, by substitute, by constitutional majority of ayes, 3 r; nays, o.
The following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof:
Mr. Prcsz'dmt : The House of Representatives has passed the following
bills, to wit : A bill to amend section 3509 of the Code of 188 3 ; also, A bill to allow the voters of :\'lacon county to pass upon
the question of prohibiting the sale of spirituous liquors in said county; also,
A bill to alter and amend section 1 of the act for the prevention of cruelty to animals, approved October 20, 1879; also,
A bill to alter and amend an act to prescribe fees of Solicitors of County Courts, etc., ap?roved October 15, 1879; also,
A bill to incorporate the Cedartown Railroad Company, and for other purposes; also,
A bill to submit 'to the legal voters of Sumter county the question of prohibiting the sale of spirituous liquors in said county; also,
A bill to amend an act incorporating the town of Talbotton in the county" of Talbot, and for other purposes~ also,

SEPTEMBER 12, I88I.
A bill to prohibit the sale of spirituous liquors within three miles of the Academy located at the village of Lafayette, Walker county, Georgia; also,
A bill to prohibit the sale of spirituous liquors in the <:ounty of Wilkinson, State of Georgia; also,
A bill to provide for the preparation of new jury lists, and to authorize the drawing and summoning of persons to serve as jurors in the Supreme Courts of this State, where the jury lists and jury box, or either, have been destroyed, and for other purposes; also,
A bill to amend the charter of Bainbridge, Cuthbert and Columbus Railroad Company; also,
A bill for the relief of the City Building and Loan Association of Bibb county ; also,
A bill to authorize the Mayor and City Council of Dalton to levy a tax for public school purposes; also,
A bill to enlarge and provide for the enforcement of the bonds of county officers who filed their official bonds after the time elapsed for filing and executing such bonds; also,
A bill for the relief of the Mechanic!! Building and Loan Association of Bibb county; also,
A bill for the 'relief of the Bibb Loan and Buiiding Association of Bibb county; also,
A bill for the relief of the Home Building and Loan A<Jsociation of Bibb county; also;
A bill for the relief of the Ocmulgee Building and Loan Association of Bibb county ; also,
A bill to incorporate the Elberton and Petersburg Railroad Company; also,
A bill to amend section 4139 of the Code of Georgia; also,
A bill to require the Judges of the Superior Courts upon request in the trial of civil cases, to furnish jurors with written instructions as to the form of their verdict; also,

jOURNAL OF THE SENATE,
A bill to amend section 1408 of the Code of 1873. The House of Representatives has also agreed to thefollowing resolution, in which they ask the concurrence of the Senate, to-wit: A resolution to pay balance of p:::r diem of H )n. Jas. T. Glover to his family. The House of Representatives has concurred in the Senate's amendments to the following bills of the House, to-wit: A bill to create a Board of Commi~sioners for Worth county; to define their powers and privileges, and for other purposes; also, A bill to incorporate the Dahlonega Swings Bank ; also, A bill to amend the charter of the City of Macon, and for other purposes; also, A bill to supersede an act entitled an act to incorporate the town of Buchanan, and for other purposes.
The Senate took up the report of the Finance Committee on the bill of the House to provide for issuing new bonds of the county of Clarke, to take up the outstanding indebtedntss of the county.
Proof of due legal notice of intention to apply for the passage of this bill was submitted to the Senate.
The repc-rt, which was favorable, was agreed to.
The bill was read the third time and passed by a con stitutional majorit_.: of ayes, 3 r ; nays, o.
Mr. McWhorter, chairman of the Enrolling Committee submitted the following report:
Mr. Presidmt:
The Committee on Enrollment report as duly enrolled and signed by the Speaker and Clerk of the House of Representatives, and ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit:
An act to amend section 42 59 of the Code of I 87 3; also, .

SEPTEMBER I 2, I 88 I.
An act to prohibit the sale of liquors m the county of Glynn ; also,
An act to incorporate the town of Arlington ; also, An act to change the time of holding the Superior Court in the county of Upsoll; also, An act to amend the corporate limits of Bowden ; also, An act to increase the liquor license in the co:.mty of Camden ; also, An act to repeal all the laws concerning the registration of voters in the county of Camden ; also, An act to confer police powers upon conductors of pas. senger trains ; also, An act to prohibit the sa:e of liquors in the 427th District G. M., in the county of White; also, An act to change the time of holding the spring terms of Macon Superior Court; also, An act to incorporate the town of Pelham ; also, An act to fix the liquor license in the county of Charlton; also, An act to authorize the City of Americus to increase its indebtedness ; also, An act to prescribe the manner of having certain lines established in the county of Clinch ; also, An act to amend an act creating a Board of Police Commissioners for the City of Augusta; also, An act to amend the road laws of the county of Fulton ; also, An act to require the payment of money arising from fines and forfeitures into the county treasury, and regulate the disbursement of the same; also, An act to refund double taxes illegally collected from the Home Insurance Company of New York; also,
An act to appropriate money to refund double taxes illegally collected from the Underwriters' Agency of New York; also,

)OURXAL OF THE SENATE,

An act to amend and extend the corporate limits of the town of Greenville; also,

An act for the relief of certain parties on the bond of the late Tax Collector of the county of Worth.

An act to authorize the Mayor and Council of the City of Macon to submit certain questions to the qualified voters of said city.
R. L. McvVHORTER, Chairman.

The Senate took up the report of the Judiciary Committee on the bill of the House to authorize the publication of a new Code of Geor,;;ia; to define the duties of the Governor in reference to the publication and distribution thereof, and to appropriate money for the same.

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

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

Baggs, Baker, Bond, Bmt,
CBarrrtd~r
Curtis,' Daniel, . Denmark, Duggar,
Ayes, 30.

Fouche, Gorman, Guerry, Harris, Hawes, Hackett, Hicks, Jordan, King, l\lcDaniel,
Nays, o.

Meldrim, :llloseley,
XeaL Parks, Pyne, Price, Reid, Smith of the 5th, Smith of the 23d, Woodward.

So the bill was passed by a constitutional majority.

Mr Price offered the following privileged resolution, \vhich was read and agreed to :

Resolved, by t!te 51 nate, That the House of Representatives be requested to return to the Senate, House bill No. 245, the same being entitled an act to provide for one grand jury to serve for the county of Hall Superior Court, without reference to the number of weeks such term may continue, in order that the same may be amended.

SEPTEMBER I 2, I 88 I.
The Senate took up the report of the Judiciary Committee on the bill of the House to amend an act to create a Board of Commissioners of Roads and Revenues for Chattooga county, of said State, and to define their powers and duties, and for other purposes, approved ~1arch 4, 1875, by providing for compensation of said board, and by con ferring additional powers, and for other purposes therein mentioned.
Said committee reported in favor of the passage of the same, with certain amendments, which were adopted.
Proof of due legal notice was submitted to the Senate.
The report was agreed to.
The bill was read the third time and passed, as amended, by a ::onstitutional majority, there being ayes, 27 ; nays, o.
The Senate took up-the report of the Committee of the Whole on the bill of the Senate, to regulate the sale of pistols in this State, anrl to provide a punishment for the same, and for other purposes.
Mr. Parks offered to amend the report by sub!>titute. Various amendments were proposed to the sub~titute, when the original, substitute and .amendments were, on motion, recommitted. The Senate took up the report of the Judiciary Committee on the bill of the Senate, to amend paragraph I, section 18, article 6, of the Constitution of Georgia, by repealing the provision therein providing for the selection of the most experienced, intelligent and upright men to serve as grand jurors, and intelli~ ent and upright men to serve as jurors, and by enacting that the General Assembly shaJ provide for the selection of upright and intelligent persons to serve as jurors, and fo abolish the distinction between jurors.
The report, which was favorable, was.agreed to. 30

JouRNAL OF THE SENATE,
The bill was read the third time, and passed by a constit'Jtion.al majority of ayes, 25; nays, o.
The bill to amend an act to provide for the regulation of freight and passenger tariffs of the railroads of this State, was made the special order for Wednesday, Sept. 14, at 10 o'clock, A. M:, and one hundred copies of the substistute therefor, reported by the Committee on Railroads, were ordered to be printed for the Senate.
The Senate took up the repor~ of the Committee on Education on the bill of the Senate to provide for a more efficient collection of the insolvent poll tax, and to better secure the proper application of the same.
The same w<ts, on motion of Mr. Hackett, indefinitely postponed.
The Senate took up the report of the Committee on Corporations on the bill of the House to establish a new charter for the town of Franklin, in the county of Heard, and for other purposes.
Proof of due legal notice was submitted to the Senate.
The committee repor~ed ~n favor of its passage with certain amendment~. which were adopted.
The report was agreed to.
The bill having been read the third time was passed, as amended, by a constitutional majority, there being ayes, 26; nays, o.
The Senate took up the report of the Judiciary Committee on the bill of the House to prohibit the sale of intoxi eating liquors at Delhi, in Wilkes county, Ga., and within a radius of four miles of said village of Delhi.
Proof of due legal notice was submitted to the Senate.
The report, which was favorable, was agreed to.
The bill was read the third time and passed by a consti-tutional majority, there being ayes, 24 ; nays, o.

SEPTE:\IBER I z, I 88r.
The Senate took up the report of the Judiciary Committee on the bill of the House to prohibit the sale of intoxicating drink!> of lither malt or spirituous liquors, in any quantity whatsoever, within one and one-half miles of Union ville A. M. E. Church, in Monroe county; to provide a penalty for the same, and for other purposes.
Proof of due legal notice was submitted to the Senate. The report, which was favorable, was agreed to.
The bill was read the third time and passed by a constiutional majority, there being ayes, 26; nays, o.
The Senate took up the report of the Judiciary Committee on the bill of the House to change so much of the act creating the Board of Commissioners of Lee county, approved February 28, 1876, as relates to the granting of retail license, aud to confer the autl.ority to grant retaiL license upon the Ordinary of said county.
P;oof of due legal notice was submitted to the Senate.
The bill was read the third time and passed by a consti-
tutional majority, there being ayes, 28; nays, o.
The following message was received from the Ilouse of Representatives, through Mr. Hardin, the Clerk thereof :
Mr. President:
The House of Hepresentatives has passed the following bill, to wit :
A bill to repeal an act entitled an act to incorporate the town of Vienna, in the county of Dooly, and for other purposes.
The reconsidered bill of the Senate, to regulate the payment of teachers' wages in the public schools of the State, and to define the manner of computing the same, was, on motion, recommitted to the Committee on Education.
The Senate took up the report of the Finance Committee on the bill of the House to provide for the payment of the

jOURNAL OF THE SENATE,
insolvent criminal costs of the Clerk and Sh~riff of Richmond county out of the country treasury, and for other purposes.
The: report, which was favorabh.:, was agreed to. Proof of due legal notice was submitted to the Senate. The bill was read the third time and passed by a constitutional majority of ayes, 27 ; nays, 9 The Senate took up the teport of the Committee on Education on the bill to prohibit any publisher of school books, or agent of any person who shall be interested pecuniarily in the sale of school books, from acting as member of any Board of Education in any county in this State. The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority of ayes, 28; nays, o. Proof of due legal notice was submitte.i to the Senate.
The Senate took up the report of the Judiciary Com mittee on the bill of the House to increase the license tax on liquors in the county of Bryan to the sum of five thousand dollars
Proof of due legal notice was submitted to the Senate. The report, which was favorable, 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 the report of the Committee on Agriculture on the bill of the House to repeal the local road laws of Bryan county, which was enacted in 1873, and to substitute therefor the general road laws of the State as contained in the Code of 1873. Proof of due legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority, there bt:ing ayes, 30; nays, o.

SEPTEMBER I2, I88I.
The Senate took up the report of the Committee on Edu tion on the bill of the House to repeal an act to establish a system of public schools for the City of Cartersville, and to provide for the support and maintenance thereof, and for other purposes, approved October r, I 879.
Proof of due legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority of ayes, 3 I ; nays, o.
The Senate took up the report of the Committee on Corporations on the bill of the House to repeal an act to incorporate the town of \Veston, formerly known by the name of "Hard Money," in the county of Webster, approved March 6, Ig56, and an act to amend an act incorporating the town of vVeston, vVebster county, Georgia, approved February 16, r866.
Proof was submitted to the Senate of the required legal notice.
The report, which was favorable, was agreed to. The bill was read the tl->ird time and passed by a constitutional majority, there being- ayes, 30; nays, o.
The Senate took up the report of the ]udiciary Committee on the bill of the House to regulate the sale of spirituous or intoxicating liquors of ar:y kind in the county of Polk, State of Georgia, and for other purposes, and to prescribe penalties for the violation of this act.
Proof of due legal notice of intention to apply for the passage of this bill was submitted to the Senate.
The report, which was favorable, 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 the report of the Committee on Agriculture on the bill of the House to repeal an act to keep open, remove and prevent obstructions to the free

470

JOURNAL OF THE SENATE,

;passage of fish in the waters of all rivers and mouths of creeks of thi& State, approved December 10, 1878, so far .as the same applies to the county of Harralson.

Proof of due legal notice was submitted to the s~nate. The report which was favorable, was agreed to.

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

'The Senate took up the report of the Committee on the State Library on the bill of the House to provide for the electrotyping of all reports of the Supreme Coun of -Georgia, hereafter published.
The report which was favorable, was agreed to.

The bill was read the third time and passed by a con .~titutional majority of ayes, 29; nays, o.
The Senate took up the n~port of the Judiciary Committee on the bill of the House to prohibit the sale of spirituous, vinous or malt liquors at any point or place within two miles of Mt. Carmel Church, in the county of Gwinnett; to attach a penalty to the violation of the provisions there-of, and for other purposes.
Proof of due legal notice was submitted to the Senate
The report which was favorable, was agreed to. .
The bill wa~ read the third time and passed by a constitutional majority, there being ayes, 30; nays, o.
The resolution of the House in relation to the propE.rty <>f the Georgia State Lottery was read the third time under the favorable report of the Judiciary Committee and con <:urred in by a constitution;tl m:tjority of ayes, 29; nays o.

The Senate took up the report of the majority of the Finance Committee on the resolution of the House authorizing his Excellency the Governor to purchase from Mrs. Ella Y.l. Cook, for the use of the State, twelve hundred wolumes of the Supreme Court Reports of this State, and

SEPTEMBER 12, I88I.

471

to draw his warrant on the Treasury for such sum, not to exceed four dollars per volume, as may be necessary for the same.
The report of the majority was favorable, and was agreed to.
The resolution was read the third time, and on the ques tion of concurring therein, the ayes and nays were ordered t'J be recorded.

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

Baggs, Baker, Brown, Houd,
Butt, Brrd, -Carter,
Curtis, Daniel, Del;Jlltrk.

Duggar, Hawes, Hackett, IIi<-ks, .J onlan. King. ;\!Daniel.
:Uc\Vhorter,
:\[cldrim. )[o-t ],y,

Neal, Parks, Price Smith, of the 5th,
Westbrook, \ViJ;on.
Wum,
'Voodward,
:t\[R. PRESIDENT.

Those who voted in the negative are, to-wit-.\'1essrs.

F-nhl'.

Gorman,

Gunry. Smith of the 23d.

Ayes, 29. Nays, 4

So the resolution was concurred in by a constitutional majority.
Mr. Fouche, chairman of the Finance Committee, reported adversely to foregoing resolution.

The following bills of the House were read the first time and referred to the Committee on the ] udiciary, to-wit:

A bill to provide for the preparation of new jury lists and to authorize the drawing and summoning of persons to serve as grand and traverse jurors in the Superior Courts of this State, in cases where jury lists or jury boxes have been lost.or destroyed, and for other purposes.

A bill to prohibit the sa:e of spirituous, vinous or malt liquors within three miles of the Academy located at the village of Lafayette, Walker county.

A bill to legalize and provide for the enforcement of the .bonds of county officers who filed tbeir official bond after

472

jOURNAL OF THE SENATE,

the time has elapsed for executing and filing such bonds under existing laws.
A bill to require the Judges of the Superior courts of this State, upon request in the trial of civil cases, to furnish juries with written instructions as to the form of their verdict.
A bill to amend section 3509 of the Code of I873 A bill to prohibit the sale of spirituous liquors in the the county of Wilkinson, State of Georgia. A bill to amend section I408 of the Code of 1873, in relation to the penalty for keeping a drug or apothecary store without procuring a license as required by law.
A bill to amend section 4139 of the Code of Georgia.
A bill to alter and amend section I of an act for preventing cruelty to animals, approved October 20, 1879 ; and
A bill to alter and amend an act to prescribe fees of
Solicitors of County Courts, etc., approved October I 5,
I879 The following bills of the House were read the first
time, and referred to the Committee on Finance, towit:
A bill for the relief of the Ocmulgee Building and Loan Association, and for other purposes.
A bill to submit to the legal voters of Sumter county the question of prohibiting the sale of spirituous or malt liquors in said county.
A bill to authorize the Mayor and Council of Dalton to levy a tax to establish and maintain public schools in said city.
A bill fur the relief of the Hibb Loan and Building Association of Bibb county, etc.
A bill for the relief of the City Building and Loan Association of Bibb county.
A bill for the relief of the Home Building a-d Loan Association of Bibb county.

SEPTE:.\IBER I 2, I 88 I.

473

A bill for the relief of the Mechanics Building and Loan Association of Bibb county ; and

A resolution to pay balance of per diem of Hon. Jas. T. Glover to his family.
On motion of ~1r. \Vinn, the Senate ordered that one hundred copies of the substitute offered by Yr. Westbrook for the bill relating to the inspection, management. etc., of the State convicts, be printed.
The following bills of the House were read the first time and referred to the Committee on Corporations, to-wit:

A bill to repeal an act to incorporate Vienna, in the county of Dooly, and for other purposes; approved December 22, I857, and to incorporate said town.
A bill to amend an act incorporating the town of Talbotton, in the co~nty <>f Talbot, and for other purposes; and
A bill allowing the voters of Macon county to pass upon the question of prohibiting the sale of spirituous liquors in .said county.

The following bills of the House were read the first time, and referred to the Committee on Railroads:
A bill to incorporate the Cedartown Railroad Company, and for other purposes.

A bill to incorporate the Elberton and Petersburg Railroad Company; and

A bill to alter and amend the charter of the Bainbridge, Cuthbert and Columbus Railroad Company; to change the name of said company ; to increase the capital stock of said company, and for other purposes.

The Senate adjourned, on motion, until 9 o'clock, A. ~r.,. to-morrow.

474

}OUR:'\AL OF THE SENATE,

SENATE CHAMBER, ATL\XTA, GA.,

Thursday, ~..:ptember 13, 1881,9 o'clock A.M.

The Senat..: met pursuant to adjournme11t, the President .in the chair.
Prayer was offered by the Rev. J. W. Heidt, D. D.,
Chaplain of the Senate.

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

B11gg~.
Bilker, Brown, Bond, Butt,
Byr~,
Carter, Curtis, Daniel, Denmark, Dugl{ar, . Fouche,

G:>rman, Guerry, Harris, Hawes. Hackttl, Hicks.
Jordan, King, McDaniel, .McWhorter, Meldrim, Moseley,

Neal. PPaayrkn~s, Prir.e,
Hdtl, Rmith nf the iitll, Smith ()f the 23d,
~ton~Y
W estill:ook,
Wilson, Wino, }iR. PBESIDEYT.

The Journal was read and approved.

Leave of absence was granted Messrs ~1attox and Woodward, and the leave of absence of Messrs. Barksdale and Suddath extended for providential causes.

Mr. Fouche, chairman of the Committee on Finance; Mr. McDaniel, chairman of the Committee on the Judiciary; Mr. Winn, chairman of the Committee on Corporations; Mr. Byrd, chairman of the Committee on Agri-culture; Mr. Butt, chairman of the Committee on Railroads, and Mr. Hackett, chairman of the Committee on the Penitentiary, made reports for their respective committees on matters referred th~::reto.

On motion of Mr. McWhorter, the bill of the House to incorporate the Southside Street Railroad Company, for the purpose of building a street railroad, etc., which was reported back to the Senate by the Committee on Rail:.roads and Internal Improvt:ments, with the recommendation

SEPTEMBER I 3. I 88 I.

4/5

that it be referred to the Com:nittee on Corporations, was taken up and referred in accordance with said recommendation.
The followin~ message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof:

l/tfr. President:
The House of Representatives has passed the following bills, to-wit:
A bill to prohibit fishing i'n the waters upon the lands of D. Clayt .n, J. B. Jones and E. Outlaw, in the sixteenth District of the county of Lowndes ; also,
A bill to amend an act apJ.>roved August 26, I 879, entitled an act to preVt:nt driving or grazing diseased cattle into other places than those \1 here the cattle are diseased, and for other purposes; also,
A bill to incorporate the Chattahoochee Canal Company, and for other purposes ; also,
A bill to amend an act entitled an act to incorporate the town of Sharpsburg, in the county of Coweta, and for -other purposes ; also,
A bill to compensate the County Board of Roads and Revenues in the county d Taliaferro, for services rendered; .also,
A bill to require Judges of the Superior Courts to gi,e specially in charge to grand j11ries an act entitled an act for the prevention of cruelty to animals; also,
A bill to prohibit the selling and furnishing of liquors at any point within the 483d District Georgia Militia, Bibb county, within three miles of any house of public worship, or any school house in said District; also,
A bill to amend an act entitled an act to construct a railroad from Elberton, Georgia, to intersect with the New York and New Orleans Air Line I~ailroad by the nearest practicable route, approved December I 3, 187 I, so as to

JouRNAL OF THE SENATE,
authorize the extension of said road to the northern State boundary line, and for other purposes; also,
To provide a Bmrd of Commissioners of Hoads and Revenues for the county of Emanuel ; also,
A bill to make the Jury Commissioners of Fulton cnunty, appointed by the ] udge of the Superior Court, the ] ury Commissioners of the City Court of Atlanta ; also,
A bill to appropriate money to refund double taxes illegally collected by the State .of Georgia from the Atlantic Fire Insurance Company of New York; also,
A bill to refund double taxes illegally collected by the State of Georgia from tbe Continental Insurance Company of New York; also,
A bill to refund double taxes illegally collected by the State of Georgia from the American Fire Insurance Company of Philadelphia ; al-;o,
A bill to appropriate money to refund tripple taxes illegally collected by the St?.te of Georgia from the American Insurance Company of Philadelphia; also,
A bill to appropriate money to refund tripple taxes ille~ally collected by the State of Georgia from the Franklin Insurance Company of Philadelphia; also,
A bill to prescribe the mode of effecting service on minor defendants in proceedings in the Courts of this State, and for other purposes.
A bill to regulate the sale of pistol~, dirk knives, bowie knives, sword canes and toy pistols in Georgia; also,
A bill to prevent the reckless and unnecessary destruction of fish in Scriven county; also,
A bill to amend an act chartering the Talbotton Branch Railroad Company, approved August 23, 1872, and for other purposes ; also,
A bill to prohibit driving cattle into the county of l{abun at certain seasons of the year ; also,

SEPTEMBER I3, I88r.

477

A bill to prohibit the sale of intoxicating liquors within the corporate limits of the town of Luthersville in the county of .Meriweather ; also,
A bill to a~end an act entitled an act to carry into effect the last clause of paragraph I, section I, article 7 of the Constitution of I87J, approved September 20, I87J.
The House of Representatives has also concurred in the Senate's amendments to the following House bills, to-wit:
A bill to create a Board of Commissioners for Worth county, and for other purposes; also,
A bill to incorporate the Dahlonega Savings Bank ; also,
A bill to supersede an act approved December 22, 1857, to incorporate the town of Buchanan, in the county of Haralson, and for other purposes; also,
A bill to amend the charter of the City of Macon, in the county of Bibb, authorizing the Mayor and Council to create a Board of Health for said city, and for other purposes.
The House of Representatives has also passed the following bills, to-wit:
A bill to provide for the registration of voters to vote at municipal elections in the City of Savannah, and for other purposes.
By resolution of Mr. Brown, the Hon. \Vm. H. Wylley was invited to a seat on the floor of the Senate during his stay in the city.
On motion of Mr. Hawes, the Senate took up the report of the Committee on the Penitentiary on the bill of the Senate to provide for the better inspection, management and control of the convicts of this State.
Said committee reported in favor of its passage by substitute.
Mr. Westbrook proposed to amend the report by substitute.

JouR~AL oF THE SENATE,

After argument, Mr. Bond called for the_previous ques

tion.

The call was sustained, and the main question was sub-

mitted to the Senate.

e

Ist. The substitute offered by Mr. Westbrook.

The same was not adopted.

2d. The substitute reported for the original bill by the committee.

The report was agreed to.

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

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

Baggs, Buker,
Brown,
Bond, Butt,
Byrd, Carter, Curtis, Denmark, Duggar, Fonche, Uorwan,

Guerry, Harris,
Hawes Hackett,
Hick, ,Jordan,
King, 1\ic Daniel,
i\1 c Whorter, Meldrim,
Moseley, :Neal,

Parks,
Payne, Price,
Reid, Smith, of the 5til, Smith of the 23d,
Storey, \Vest bJ'OCik,
Wilson, \Vinn, Mn. PRESIDE:ST.

Ayes, 35 Nays, o. So the bill was passed as amended, by a constitutional majority. On motion of Mr. Winn, the same was ordered to be transmitted at once to the House. 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 and Clerk of the House of Representatives, and ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit :

An act to amend the acts incorporating Dahlonega; also,.

SEP'l'E:.\IBEN. 13, r88r.

479

An act to incorporate the Broad River Railroad Company; also,
An act to fix the liquor license in the county of Montgomery; also,
An act to repecll section 1711 of the Code of 1873 ; also,
An act to incorporate the Augusta and Savannah River Steamboat Company; also,
An act to incorporate the town of Rising Fawn; also, An act to incorporate the town of Leary; also, An act for fixing the venue in suits against telegraph companies; also, An act for changing the time!> of holding the Superior Court of the county of Troup; also,

An act to amend the liquor license act of Eastman ; also,
An act to amend an act creating a Board of Commissioners for the county of Greene ; also,
An act to authorize the proper officials in this State to provide for certain work on the public roads; also,
. An act to enlarge the jurisdiction of the City Court of Savannah; also,
An act to prohibit the sale of liquors within two miles of Prospect Church in the county of DeKalb ; also,
An act to fix the time of electing certain officers in the town of Eastman ; also,
An act to prescribe the granting of liquor license in the county of Teltair; also,
An act for the relief of certain members of the Second Baptist Church of Columbus ; also,
An act to appropriate the sum of ten thousand dollars to the University of Georgia ; also,
An act to repeal the several laws incorporating the town of Blackshear ; also,

JOURNAL OF THE SENATE,
An act to provide for the collection of special taxes on liquor dealers; also,
An act to prohibit the sale of intoxicating liquors within two miles of the Baptist and Methodist churches in the village of Long Cane.
R. L. Mc\iVHORTER, Cltaz"nnmz.
The bill of the House to alter and amend an act to prescribe fees of Solicitors of County Courts, etc., ap proved October 15, 1879, which was taken up under adverse report of the Judiciary Committee, was lost by agreement with said report.
The bill of the Senate to repeal an act to carry into effect paragraph 2, section 18, article 6 of the Constitution, so far as to provide for the revision of the jury box and for other purposes, approved October 17, 1879, was taken up on its second reading under adverse report of the Judiciary Committee, and on motion of Mr. Meldrim, was laid on the table.
The following bills of the House were read the second time and passed to a third reading, to-wit:
A bill to repeal an act to incorporate the town of DeSoto in the county of Floyd, and to incorporate the sam~ de novo.
A bill to alter and amend section 1 of an act for the prevention of cruelty to animals, approved October 20, 1879
A bill to incorporate the Covington and South River Railroad Company, and for other purposes.
A bill to prohibit the sale of spirituous liquors in the county of Wilkinson, State of Georgia.
A bi.l to apply all moneys received by the Department of Agriculture as net profits on the inspection of fertilizers, to the common school fund of the State.
A bill to require the Judges of the Superior Courts of this State, upon request, in the trial of civil cases, to fur-

SEPTEMBER 13, 1881.
nish juries with written instructions as to the form of their verdict.
A bill to authorize the Mayor and Council of the City of Dalton to levy a tax for the purpose of establishing and maintaining a system of public education for the said city, etc.
A bill to amend an act to create a Board of Commismissioners of Roads and Revenues for the county of Fulton, and to define their powers and duties,. and for other purposes, approved December 3, r88o, and to confer acditional powers on said 'Board of Commissioners.
A bill to amend section 3509 of the Code of 1873 A bill to relieve E. Polk, security on J ett Dobbs' forfeited bond in Paulding Superior Court, and for other purposes.
A bill to amend section 1408 of the Code of 1873, which prescribes a penalty for keeping a drug or apothecary store without legal license.
A bill to provide for the preparation of new jury lists, etc., in cases where the jury lists and jury boxes, or either of them, have been lost or destroyed, etc.
A bill to appropriate money to pay bond No. 225 of the State of Georgia, etc., issued under act of February 27, 1g56, now held by John P. Gitting's executor, and to authorize payment of the same.
A bill to amend section 41 39 of the Code of Georgia.
A bill to prohibit the sale of spirituous, vinous, malt, or any other intoxicating liquors, within three miles of the Academy at LaFayette, Walker county, Ga.
A bill to require each county in the State to defray the expenses of commissions of lunacy therein, and of transporting insane persons to the Lunatic Asylum, etc.
A bill to legalize and provide for the enforcement of the bonds of county officers who filed their official bonds after
31

JouRNAL OF THE SENATE.
the time has elapsed for executing and filing such bonds under existing laws ; and
A resolution providing for the payment of mileage to members of the General Assembly.
Under a suspension of the rules, the following bills were introduced, read the first time, and referred to the Committee on the Judiciary, to-wit:
By Mr. BondA bill to organize a Criminal Court for the several counties of the State of Georgia, ;tnd to prescribe the powers and duties thereof, and for other purposes. By Mr. ParksA bill to change the time of holding the Superior Court of Worth county, and for other purposes ; and A bill to transfer the county of Miller from the Pataula to the Albany Circuit, and to transfer the county of Calhoun from the Albany to the Pataula Circuit; to fix the time for holding the Superior Courts in said counties of Miller and Calhoun, and for other purposes.
The following bills of the House were read the first time and referred to the Committee on the Judiciary, to-wit:
A bill to prohibit the selling or furnishing spirituous, vinous or malt liquors within the 489th District G. M. ~ known as Howard's District of Bibb county, within three miles e>f any house of public religious worship, or any school house within the limits of said district, and to provide a penalty for the same.
A bill to require Judges of the Superior Courts to give in charge to grand juries an act for the prevention of cruelty to animals.
A bill to make the Jury Commissioners of Fulton county, appointed by the Judge of the Superior Court, the Jury Commissioners of the City Court of Atlanta, and to prescribe their duties.

SEPTEMBER 13, r88r.
A bill to provide a Board of Commissioners of Roads and Revenues for the county of Emanuel; to define their powers and duties, and for other purposes.
A bill to prescribe the moce of effecting service on minor defendants, etc.
A bill to regulate the sale of pistols, dirk knives, sword canes and toy pistols in the State of Georgia.
A bill to prohibit driving cattle into the county of Rabun at certain seasons; and
A bill to provide for the registration of voters to vote at municipal elections in the city of Savar nah; to fix, reg-ulate and determine the time, place and manner in which such eltctions shall be held; to prescribe the qualifications of voters at all such elections, and to provide suitable penalties for all violations thereof.
The bill of the House to amend an act to construct a raill'oad from Elberton, Georgia, to intersect with the New York and New Orleans Air-Line Railroad by the most practicable route, approved December 13, 1871, so as to authori~e the exten!:ion of said road, etc., was read the first time and referred to the Committee on Railroads.
The following message was received from the House of Representatives, through Mr. Harden, the Clerk thereof, to-wit:
1lfr. P1esidmt:
The House of Representatives has passed the following bills, to wit:
A bill to amend an act incorporating the Gate City Street Railroad Company of the City of Atlanta, approved September 26, !879-
In response to a resolution of the Senate, the House herewith returns to the Senate the following bill of the House, to-wit:
A bill to provide for but one grand jury to serve for each

)OL'RNAL OF THE SENATE,
term of Hall Superior Court, without reference to the number of weeks such term may continue.
The following bills of the House were read the first time and referred to the Committee on Corporations, to-wit:
A bill to amend an act to incorporate the town of Sharpsburg, in Coweta county, and for other purposes.
A bill to incorporate the Chattahoochee Canal Company, etc.
A bill to amend an act chartering the Talbotton Branch Railroad Company, approved August 23, r872; and
A bill to prohibit the sale of intoxicating, malt, or vinous liquors within the corporate limits of the town of Luthersville, and for other purposes.
The following bills of the House were read the first time and referred to the Committee on Finance, to-wit:
A bill to appropriate money to refund double taxes illegally collected by the State from the Atlantic Fire Insur-ance Company of New York.
A bill to compensate the County Board :>f Roads and Revenues in the county of Taliaferro, for services rendered.
A bill to ;-tppropriate money to refund double taxes illegally collected by the State from the Continental Insurance Company of New York.
A bill to appropriate money to refund tripple taxes illegally collected by the State from the Franklin Insurance Company of Philadelphia.
A bill to appropriate money to refund tripple taxes illegally collected by the State from the American Insurance Company of Phi-adelphia.
A bill to appropriate money to refund tripple taxes illegally collected by the State from the Fire Association of Philadelphia ; and
A bill to amend an act entitled an act to carry into effect

SEPTEMBER I4, I88 I.
the last clause of paragraph I, section I, article 7, of the Constitution of 1877, approved September 20, 1879.
The following bills of the House were read the first time and referred to the Committee on Agriculture, to-wit:
A bill to prohibit fishing in the waters on the lands of D. Clayton, J. B. Jones and E. Outlaw, in the 16th Dis trict of Lowndes county.
A bill to amend an act approved Aug. 26, 1879, to prevent the driving or grazing of deseased cattle into places other than those where the cattle are diseased, and to fix a penalty therefor; and
A bill to prevent the reckless and unnecessary destruction of fish; to encourage the raising, and to increase the supply thereof in Scriven county, and for other puposes.
The Senate, on motion, adjourned until 9 o'clock, A. M., to-morrow.

SENATE CHAMBER, ATLANTA, GA.,

Friday, September, I 4, 1881, 9 o'clock A. M. The Senate met pursuant to adjournment, the President in the chair. Prayer was offered by the Rev. Mr. Roberson, of the county of Fulton.

On the call of the roll, the following Senators answered

to their names, to-wit :

Ba 1r.'s
Baker; Brown, Bond, Butt, Byrd, Curtis, Dauiel, Denmark,
DFou~"cghaer:
Gorman, Guerry.

Harris, Hawes, Hackett, Hicks, Jordan .Jolmso'n,
King, McDaniel, l\Ic Whorter, l\Ieldrim, Moseley, Xeal, Parks,

Payne, Price, Reid, Smith of the 5th, Smith of the 15th, S:nith of the 23cl, Storey, Westbrook, Wilson, Winn, Woodward.
)[R. PRESIIJE~T.

JouRNAL oF THE SENATE,
The Journal was read and approved.
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 fix the commencement of the term of imp:isonment in the penitentiary of this State; also,
A bill to establish a Board of Pharmaceutic Examiners in Georgia, and prescribe the powers and duties of said board, and for other purposes ; also,
A bill to exempt toll cotton from proce3s against the person owning or having such cotton ginned, existing prior to or at the time it was. ginned; also,
A bill to amend an act approved October r6, r87g, entitled an act to prescribe the manner of foreclosing certain chattel mortgages, and to confer jurisdiction on Justices of the Peace and Notaries Public who are ex-officio Justices of the Peace therein, and to provide for notice to mortgager of proceedings; also,
A bill to incorporate the Etowah and Blue Ridge Railroad Company, and for other purpo3es; also,
A bill to authorize the town council of the town of Reynolds, in Taylorc ounty, to issue and sell bonds; also,
A bill to appropriate money to refund tripple taxes illegally collected by the State of Georgia from the Girard Fire Insurance Company of Pennsylvania; also,
A bill to create a County Court for the county of Walton; also,
A bill to appropriate money to refund double taxes illegally collected by the State ofGeorgia from the LJrillard Fire Insurance Company of New York; also,
A bill to appropriate money to refund tripple taxes il-

SEPTD1BER 14, 1881.
legally collected by the State of Georgia from the Insurance Company of North America of Philadelphia; also,
A bill to appropriate money to refund double taxes illegally collected by the State of Georgia from the Niagara Fire Insurance Company of New York; also,
A bill to incorporate the Kingston, Walesca and Gainesville Railroad Company ; also,
A bill to incorporate the town of Marrows, in the county -of Clayton, and for other purposes; also,
A bill to appropriate money to refund double taxes illegally collected by the State of Georgia from the Manhattan Fire Insurance Company of New York; also,
A bill to fix the tirr:es for holding the Superior Courts o~ the conty o~ M:tchell, anl for ot\er p1rp1ses.
The House of Representatives has also concurred in the Senate's amendments to the following bills of the House, to-wit:
A bill to amend and regul:tte the time for which the Mayor of the City of Augusta shall hold office and for -other purposes, approved February 23, 1876; also,
A bill to supersede an act entitled an act to incorporate the town of Buchanan, in the county of Harralson, approved December 22, 1875; also,
A bill to amend the charter of the City of Macon, in the county of Bibb, and for other purposes.
Leave of absence was granted Mr. Carter on account of sickness, and the leave of absence of Mr. Treadwell was extended.
The Senate took up the special order for the period imwediately succeeding the reading of the Journal, to-wit: the report of the Committee on Railroads and Internal Improvements on the bill of the Senate to be entitled an act to ainend an act to provide for the regulation of railroad freight and passenger tariffs in this State; to prevent unjust

JOURNAL OF THE SENATE,

discrimination and extortion in the rates charged for transportation of passengers and freights, and to prohibit railroad companies, corporations and lessees, in this State from charging other than just and reasonable rates, and to punish the same, and prescribe a mode of procedure and rules of evidence in relation thereto; and to appoint commissioners, and to prescribe their powers and duties in relation to the same, approved October 14, 1879, by repealing the proviso to section 5, amending section 6 as to publication ; and to define the powers and prescribe the duties of said commissioners as to joint rates for freight ;. and to provide for the computation of rates for freight on connecting roads when under the management and control of one and the same company, corporation, individual or individuals, or association of individuals; and to provide against charging for the transportation of freight more for a shorter than for a longer distance, and to make the decision of a majority of the commission as binding as that of the entire commission, and for other purposes.

Said committee recommended the passage of the same by substitute.

On motion of Mr. vVinn, the substitute was taken up for action by sections.
Section 1 was read.
Mr. McDaniel moved to amend the report by striking out said:first section. On this proposition, he required the ayes and nays to be recorded.

Those who voted in the affirmative are, to-wit-Messrs_

Bargs, Baker
Byrd,' Curtis, Daniel,
Denmark, Duggar,

Fuuclle, Johnson, King,
l\IcDan iel, )!eldrim,
Moseley, Price,

Reid.

Smith of the 15th,

Smith of the 23d.,

\.Yest brook,



Winn.

SEPTEl\IBER J 4, I 88 I.

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

Brown, Bond, Butt,
Gorman, Gnerry,

Hawes, B.ackett, Hicks,
Jordan, X eal,

Parks,
Payne, Smith of the 5th,
Storey, Wilson.

Ayes, I9. Nays, I 5

So the motion to strike out the first section of the substitute prevailed.

The second section was read and agreed to.

The third section was read and agreed to.

The fourth section was read and amended, on motion of

Mr. Meldrim, by inserting after the word "made," in the twelfth line, and before the word " for" in said line, the words, " once a week."

Section 4, as amended, was agreed to.

Section 5 was read, and amended, on motion of Mr. Hawes, by inserting between the word '' distance," in the fourth line, and the word ''and" in said line, the following words: '' Except such places as shall, by the Railroad Commissioners of this State, be designated as competing points."

On motion of Mr. Denmark, the fifth section, as amended, was stricken out.

Section 6 was read and agreed to.

Section 7 was read and agreed to.

On motion of Mr. Parks, the numbers of the sections agreed to were changed to correspond with the changes. resulting from the amendments to the report.

On motion of Mr. Guerry, the caption was amended by striking out the following words, '' repealing the proviso to section five," " and to provide against charging for the transportation of freight more for a shorter than for a longer distance."

The substitute, as amended, was adopted.

The report, as amended, was agreed to.

JouRNAL OF THE SENATE,
The bill was read the third time and passed, as amended by substitute, by a constitutional majority of ayes, 33 ; nays, o.
On motion of Mr. Guerry, the bill was ordered to be transmitted to the House at once.
Mr. Fouche, chairman of the Finance Committee; Mr. McDaniel, chairman of the Judiciary Committee ; Mr. Price, chairman of the Committee on Education; Mr. vVinn, chairman of the Committee on Corporations, and Mr. Byrd, chairman of the Committee on Agriculture, made reports for their several committees on bills referred thereto respectively.
On motion of Mr. Ptice, the Senate took up the report -of the Committee on Internal Improvements and Railroads on the bill of the Senate to enable the purchasers of rail roads to form corporations and to exercise corporate powers, and to define their rights, powers and privileges, assented to February 29, 1876, by conferring additional powers and privileges upon said purchasers, their successors and assigns, and further defining their rights, powers and privileges.
Mr. Hackett proposed to amend the report, which was favorable to the bill, by adding the following to the second section : ' And that all and every part of the original charter of said corporation relative to State aid, is hereby repealed."
Pending action on this amendment, the bill was, on motion, recommitted to the Judiciary Committee.
On motion of Mr. Parks, the Senate took up the report of the Judiciary Committee on the bill of the House to suhmit to the voters of Randolph county the question of granting license to retail spirituous and malt liquors in said county for two years ensuing the election, and biennially -therefor to resubmit said question.
On motion of Mr. Parks, the report, which was favorable

SEPTEMBER I 4. I 88 I.
to the passage of the bill, was amended, as follows, to-wit: Amend first section by striking from its seventh line the
words "second \Vednesday." and inserting instead the words "first Tuesday in December."
Amend fir::;t section Lrther by striking from t!1e eighteenth, nineteenth, twentieth and tw~nty-first lines thereof, all between the word ''county" in the eighteenth line and the word "provided " in the tw~nty first line.
Amend the second section by striking out of the fourth 1ine the words ''ten days," and inserting "once a week for four weeks."
Amend the third section by striking out the first four words in the second line, and inserting iu lieu thereof the follo11ing wvrds, " first Tuesday in December."
Amend the fourth section by striking out in the fourth, -fifth and sixth lines all between the word "be," in the fourth line and the word ''and" in the sixth line, and insert instead thereof, the words "punished in section 4310 -<>f the Code of Georgia of I 873. "
Proof of legal notice was submitted to the Senate. The report, as amended, was agreed to.
The bill was read the third time and passed, as amend-ed, by a constitution:1l m:1jority of ayes, 28 ; nays, o.
On motion of Mr. Winn, the Senate took up the report of the Committee on Railroads on the bill of the House to incorporate the Union Railroad Company, and to define its rights, powers and privileg-es, and for other purposes.
The report of said committee was favorable to the passage of the bill.
Mr. Fouche proposed to amend said report by adding thereto the following as sections 9 and IO, and changing sections 9 and IO to sections I I and 12, to-wit:
SECTION 9 Be it further enacted, that it shall not be lawful for any railroad company transporting goods, wares,

JOCRNA L OF THE SENATE,

merchandise or property of any kind, through or around the City of Atlanta, to charge or receive any increased rate of freight by reason of the building or use of the railroad herein authorized to be built; but all freight rates, both through and local, shall be and remain unaffected by reason of the construction of said railroad around the City of Atlanta.

SECTIO:-< 10. Be it further enacted, that any railroad company organized under or by virtue of any act of the General Assembly of this State, violating any of the provisions of the foregoing section, shall be liable to a forfeiture of its charter and franchise.

After discussion, Mr. Daniel called for the previous question, which call was seconded, and the main question was ordered to be put.
I">t. The amendment offered by Mr. Fouche. On this the ayes and nays were required to be recorded.

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

Baggs, Baker,
Butt,

Fouche, Guerry,

Hicks, :Storey.

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

Brown, Bond, Byrd, Curtis, Daniel, Denmark, Duggar, Gorman, Harris,
Ayes, 7-

Hackett, Jordan, Johnson, King, .\Ic Whorter, l\Ieldrim, l\Ioseley, Neal, Parks,
Nays, 27.

Payne, Price,
Reid, Smith of the 5th, ~roith of the 15th,
Smith of the 28d,
Westbrook,
Wilson, Winn.

So the amendment of Mr. Fouche was not adopted.

The report of the committee was agreed to.

The bill having been read the third time, was put upon its passage, and on this question, Mr. Guerry required the ayes and nays to be recorded.

SEPTEMBER IS, I88I.

493

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

Eaker, :Brown, Bond, :Byrd,
Curtis, Daniel, Denma1k,
Duggar, Gorman,
Harris,

Hackett,

Hicl,s,

Jordan,

Jolmsoro,

Kino-

l\IcWhorter,

:Meldrim,

.1\Ioseley,

Neal,

Parks,



Payne, Price, Reid,
Smithofthe~th,
Smith of the 15th, Smith of the 23d, Storey, Westbrook, Wilson,
Winn.

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

Baggs, Butt,

Fouche, Guerry,

.1\IcDaniel.

Ayes, 30. Nays, 5

The bill was passed by a constitutional majority.

Proof of due legal notice of intention to apply for the

passage of this bill was submitted to the Senate.

On motion of Mr. McWhorter, the bill was ordered to

be transmitted to the House of Representatives at once.

The hour of adjournment having arrived, the President

declared the Senate adjourned until 9 o'clock A. :-.1., to

morrow.

SENATE CHAMBER, ATLANTA, GA.,

Thursday, September 15, r88r, 9 o'clock A. M. The Senate met pursuant to adjournment, the President

in the chair.



Prayer was offered by the Rev. W. F. Cook, D. D.

On the call of the roll, the following Senators answered

to their names,
:Baggs, Eaker, Barksdale, :Brown, Bond, Butt, Byrd,
Curti~,
Daniel, Denmark, Duggar, Fouche. Gormari, Guerry,

to-wit:
Ranis, Haw1s, Hackett, Hicks, Jordan, Johnson, King,
~IcDaniel,
.Mattox, l\IcWhorter, Meldrim, :Moseley, Neal,

Parks, Payne, Price, Reid, Smith of the 5th, Smith of the 15th. !:!mith of the 23d,
Storey, Westbrook, Wilson, Winn,
Woodward,
~lR. PRESIDE:l!T.

494

}OURNAL OF THE SENATE,

The Journal was read and approved.
Mr. McWhorter, chairman of the Committee on Enroll-ment, submitted the following report:

Jib, President:

The Committee on Enrollment report as duly enrolled, signed by the Speaker and Clerk of the House of Representatives, and ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit:

An act to prohibit the sale of liquors at Delhi; also,

An act to incorporate the Dahlonega Savings Bank;_ also,
An act to provide for electrotyping the Supreme Court Reports ; also,

An act to amend an act incorporating the Citizens Bank of Augusta; also,

An act to create a Board of Commissioners for the county of Worth ; also,

An act to irocrease the liquor tax of the county of Bryan ; also,

An act to incorporate the Tennille and Wrightville Railroad Company; also,

BrAyann

act to ; also,

repeal

the

local

road

Jaws of

the

county of

An act to confer certain powers upon the Ordinary of the county of Douglas ; also,

An act to repeal certain laws in regard to the obstruc-tion of fish in the county of Haralson ; also,

An act to regulate the sale of liquors in the county qf Polk; also,

An act to repeal the public school laws of Cartersville;_ also,
An act to prohibit publishers of school books from being members of any Board of Education ; also,

SEPTEMBER IS, 1881.

495-

An act to amend the charter of Macon ; also,

An act to prohibit the sale of liquors in certain localities in the county of Monroe ; also,
An act to provide for the payment of certain costs of certain officers of the county of Richmond ; also,
An act to provide for issuing bonds in Clark county ; also, An act to supercede an act incorporating Buchanan; also,
An act to amend an act incorporating the town of Decatur; also,
An act to amend an act creating a Board of Commissioners for the county of Lee; also,
An act to amend an act in regard to the Mayor of Augusta ; also,
An act to incorporate the town of vVeston; also,
An act to prohibit the sale of liquors in certain localities in the county of Gwlnnett ; also,
An act to authorize the publication of a New Code of the laws of the State of Georgia; also,
The fol~owing resolutions, to-wit:
A resolution in relation to the property of the Georgia State Lottery ; also,
A resolution authorizing the Governor to purchase certain books from Mrs. Ella M. Cook.
R. L. McWHORTER, Chai'rman.

Mr. McDaniel, chairman of the Committee on the Judiciary, and Mr. Butt, chairman of the Committee on Railroads and Internal Improvements, made reports from their re-spective committees.

The bill of the House to provide for but one grand jury to serve for each term of Hall Superior Court, without reference to the number of weeks such term may continue, which passed the Senate, September 5, and was returned:

JOURNAL OF THE SENATE,
from the House, in compliance with a resolution of the Senate, was taken up, under a motion to reconsider, for the purpose of amendment.
The same was unanimously reconsidered, and amended, on motion of Mr. Price, by adding, after the word'' jury," in the fifth line, the words, "for each term of Hall Supe rior Court."
The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority of ayes, 29; nays, o. On motion of Mr. Hackett, chairman of the Joint Special Committee on lease of the Western and Atlantic Railroad, it was ordered by the Senate that three hundred copies of the evidence taken by said committee be printed under the supervision thereof for the use of the Senate.
Mr. Payne offered the following resolution, which was taken up, under a suspension of the rules, read and agreed to, to-wit:
Resolved by tlze Senate, That no Senator be allowed over two minutes to speak on one question except by unani mous consent of the members-this resolution to take effect from its adoption.
The Senate took up the report of the Committee on Education on the bill of the Senate to regulate the manner of paying out the public school money to the teachers of public schools.
The report was adverse, and the bill was lost by agreement therewith.
The Senate wok up the report of the Committee on the Judiciary on the bill of the Senate to regulate the sale of pistols in this State, and to provide a punishment for the same, and for other purposes.
The majority report was adverse to the bill, and the minority was favorable to its passage by substitute.

SEPTE:V!BER I 5' I 88 I.

497

On motion of Mr. Gorman, the Senate disagreed to the majority report.
The report of the minority was then agreed to. The bill was read the third time and passed, as amended, by a constitutional majority of ayes, 24; nays, o.

The Senate took up the report of the Judiciary Committee on the bill of the Senate to amend an act to enable the purchasers of railroads to form corporations, and to exercise corporate powers, and to define their rights, powers and privileges, assented to February 29, I 876, by conferring additional powers and privileges upon said purchasers, their successors and assigns, aud further defining their rights, powers and privileges.

The committee reported in favor of its passage by amendment, which was adopted.

The report was agreed to.

The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 25; nays, 1.

The Senate, on motion of Mr. Hackett, took up the report of the Judiciary Commitee on the bill of the House to prohibit the sale of spirituous, vinous, malt, or any other intoxicating liquors within three miles of the Acade my located at the village of LaFayette, \Valker county, Ga., and to prescribe a p:::nalty for the same.

Proof of legal notice was submitted to the Senate.

The report, which was favorable, was agreed to.

The bill was read the third time and passed by a constitutional majority of ayes, 26 ; nays, o.

Mr. Reed, chairman of the Committee on Apportionment, made a report, which was read.
The following message was received from thP. House of Represen~atives, through Mr. Hardin, the Clerk thereof:
32

]OUR:\AL OF THE SENATE,
Mr. PrEsident: The House of Representatives has passed the following
bills, to-wit:
A bill to incorporate the Dahlonega, Dawsonville and Gainesville Telegraph and Telephone Company, in the State of Georgia ; also,
A bill to incorporate the Logansville Railroad Company, and for other purposes ; also,
A bill to regulate the practice of medicine in the State of Georgia.
By resolution of Mr. West brook, seats in the Senate Chamber were tendered Hons. D. H. Pope, L. P. D. \Varren, and \Vm. E. Smith, of the county of Dougherty.
Leave of absence was granted Mr. \Vestbrook for Saturday and Monday next.
The following bills of the House were read the first time and referred to the Committee on Corporations, to-wit:
A bill to amend an act incorporating the Gate City Street Railroad Company, approved September 26, 1879
A bill to incorrorate the town of Morrows, in Clayton county, etc.
A bill to incorporate the Dahlonega, Dawsonville and Gainesville Telegraph and Telephone Company in the State of Georgia.
A bill incorporating the Kingston, \Valesca and GJinesville Railroad Company, and for other purposes; and
A bill to incorporate the Logansville Railroad Company, and for other purposes.
The following bills of the House were read the first time and referred to the Committee on Finance, to-wit:
A bill to appropriate money to refund tripple taxes illegally collected by the State from the Insurance Company of North America of Philadelphia,

SEPTEMBER 15, r881.

499

A bill to appropriate money to refund double taxes illegally collected by the State froru the Lorrillard Fire Insurance Company of New York.

A bill to appropriate money to refund tripple taxes il legally collected by the State from the Girard Fire Insurance Company of Pennsylvania.

A bill to authorize the town council of Reynolds, in Taylor county, to issue and sell bonds to build a school house, etc.

A bill to appropriate money to refund double taxes illegally collected by the State from the Manhattan Fire Insurance Company; and

A bill to appropriate money to refund double taxes iliegally collected by the State from the Niagara Fire Insurance Company of New York.

The following bills of the House were read the first time and referred to the Committee on the Judiciary, to wit:

A bill to exempt toll cotton from seizure and sale under any proces~ against the person owning or having such cotton ginned existing prior to, or at the time it was ginned.

A bill to amend an act approved October 16, 1879, entitled an act to prescribe the manner of foreclosing chattel mrJrtgages and to confer jurisdiction on Justices of the Peace and ~otarics Public, who are ex-officio Justices of the Peace therein, and to provide for notice to mortgagor of proceedings.

A bill to create a County Court for the county of Walton.

A bill to fix the date of the commencement of the term of imprisonment in the penitentiary in this State; and
A bill to fix the times for holding the Superior Court the county of Mitchell, and provide for two weeks for each term instead of one, as now provided.
The bill of the House to establish a Board of Pharmaceutic Examiners, and to prescribe the pmvers and duties

soo

JouRNAL OF THE SENATE,

of said Board, and to regulate the compounding and vending of medicines, drugs and poisons in the State of Georgia, and to provide a penalty for the infringement of the pro visions of this bill, was read the first time and referred to the Committee on Hygiene.
The bill to regulate the practice of medicine in the State of Georgia was read the first time and ref(;rred to the Committee on Hygiene.
The bill of the House to incorporate the Etowah and Blue Ridge Railroad l.ompany, and for other purposes, was read the first time and rcferre.j to the Committee on Internal Improvements and Railroads.
The following bills of the Senate were read the sec~nd time and passed to a third reading, to wit :
A bill to organize a Criminal Court for the several counties of the State of Georgia, and to prescribe the powers and duties thereof, and for other purposes.
A bill to transfer the county of l\Iiller from the Palmetto to the Albany Circuit, and the county of Calhoun fr')m the Albany Circuit to the Palmetto Circuit; to fix the time for holding the Superior Courts in said counties, and for other purposes; and
A bill to change the time of holding the Superior Court of \Vorth county, and for other purposes.
The following bills of the House were read the second time and passed to a third reading, to-wit:
A bill to apportion amont the s~:veral counties of this State the whole number of Representatives of which the House of Representatives under the Constitution is composed, and to declare the number of Representatives to which each county is entitled under the tenth census of the United States, and for other purposes.
A bill to appropriate money to refund tripple taxes illegally collected by the State from the Fire Associ11tion of Philadelphia.

SEPTEl\IBER IS, I88r.

SOI

A bill to appropriate money to refund double taxes illegally collected by the State from the Continental Insurance Company of ~ew York.
A bill to appropriate money to refund double taxes illegally collected by the State from the Atlantic Fire Insurance Company of New York.
A bill to appropriate money to refund tripple taxes illegally collected by the State from the America Fire Insurance Company of Philadelphia.

A bill to appropriate money to refund tripple taxes illegally collected by the State from the Franklin Insurance Company of Philadelphia.
A bill to amend an act to carry into effect the last clause of paragraph I, section I, article 7 of the Constitution of 1877, approved September 20, 1879, by adding an additional proviso to the first section of said act, etc.

A bill to appropriate the sum of five thousand dollars for the repair of the public buildings at Milledgeville.

A bill for the relief of the Mechanics Building and Loan Association of Bibb county, etc.
A bill for the relief of the Home Building and Loan Association of Bibb county, etc.
A bill for the relief of the Ocmulgee Building and Loan Association of Bibb county, etc.
A bill to compensate the county Board of Roads and Revenues in the county of Taliaferro.
A bill for the relief of the City Building and Loan As sociation of Bibb county.
A bill to alter and amend the charter of the Bainbridge, Cuthbert and Columbus Railroad Company; to change its name, increase its capital stock, and for other purposes.
A bill to amend an act approved August 26, 1879, entitled an act to prevent the driving or grazing of diseased

502

JouRNAL OF THE SENATE,

cattle into places other than those where the cattle are diseased, and to fix a penalty for the same.

A bill to prohibit fishing in the waters upon the lands of D_ Clayton, J. B. Jones, and E. Outlaw, etc.
A bill to prevent the reckless and unnecessary destruction of fish, in Scriven county.
A bill for the relief of the Bibb Loan and Building Association.
A bill allowing the voters of Macon county to pass upon the question of prohibiting the sale of spirituous liquors in said county.
A bill to amend an act incorporating the town of Talbotton in Talbot county, etc.
A bill to amend the charter of the Talbotton Branch Railroad Company, approved August 23, 1872.

A bill to prohibit the sale o! intoxicating, malt or vinous liquors within the corporate limits of the town of Luthersville, in the county of Merriwether.

A bill to amend an act to incorporate the town of Sharpsburg in Coweta county.
A bill to incorporate the Cedartown Railroad Company, and for other purposes.
A bill to incorporate the Chattahoochee Canal Company, defining its rights, powers and immunities.
A bill to authorize the Mayor and Council of Macon to submit to the qualified voters of said city the question of purchasing the Holdridge property for a school house for colored children, and whether the debt of said city shall be increased $2,500 for this purpose.
A hill to incorporate the Rome Southern Railro1d Company, and for other purposes.
The bill of the House to establish a permanent Board of Education for the town of Lumpkin, in the county of Stew-

SEPTD!BER rs, r8RT.

)03

art, and for other purpose~. \vas taken up for a second reading under adverse report of the Committee on Education, and lost by agreement with said report.

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

A resolution authorizing the State Treasurer to pay interest due on certain bonds of this State herein mentioned; and

A resolution to pay balances of per diem of the Hon. Jas. T. Glover, to his family; and

A bill to repeal an act incorporating the town of Vienna, Dooly county.

Mr. McDaniel, chairman of the Joint Committee appointed to examine and report upon the Hand Book of Legal Forms prepared by Messrs. Sillman and Thompson, submitted a report, which was read and ordered to tie on the table for the present.

On motion of Mr. Baggs, the bill of the House to provide for the keeping of a record in each county of this State of the wild lands lying and being therein, and to regulate the manner of giving in wild lands for taxation in this State, was made the special order for Friday, September 6, after the regular order.

The Senate took up the report of the Committee on Agriculture on the bill of the House to prevent the practise of hunting deer in the night time, by firelight, &sually -called fire hunting, and to provide a punishment therefor.

Said committee reported in favor of its passage, as amended, which was adopted.

The report was agreed to.

The bill was read the third time and passed, as amended, .by a constitutional majority, there being aye~, 29; nays, o.

The Senate took up the report of the Committee on Agriculture on the bill of the House to apply all moneys

504

JouRNAL OF THE SENATE,

received by the Department of Agriculture for inspection of fertilizers in excess of what is necessary to defray the expenses of said Agricultural Department to the common school fund of the State.

The report, which was favorable, was amended, on motion of Mr. \Vinn, as follows :

1. Insert after the word ''act," and before the word "to" in the second line of the caption, the following words, to wit : "To increase the educational fund of this State, and for that purpose." Also amend the caption by imerting after the word '' department," and before the word ''to," in the sixth line thereof, the following words, to-wit: ' And, also, the net proceeds arising from the hire of the convicts of this State."

2. Amend section 1 by inserting after the word '' department," and before the word " be," in the eleventh line thereof, the following words, to-wit: '' And, also, the net amount arising from the hire of the convicts of this State after all expenses that are now or may be hereafter made a charge upon said fund shall have been deducted from the gross amount thereof."

The report, as amended, was agreed to.

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

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

to be recorded.

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

Bagg6t Raktr.
Brown Bn<l ' Ctuti~, Daoiel, D<nmarl,,
Duo.~ar
Fn~~he:

C:orruan. Gtwrrv,
.l:iarri~-.
Ha\\~es,
Hicks, Jordan, Johnson, King, :IIcDaniel,

:lie \Y horter, Moseley, Neal, Payne,
Pri~e
Smith of the 15th, Smith of the 23<1, Storey. Winn.

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

Barl;sdah, Bond,

Hackett, Smith ofthe 5th,

Wetbrook, Wilscn.

Ayes, 27. Nays, 6.

SEPTEMBER I5, I88I.

505

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

This bill was ordered to be transmitted to the House at once.

The Senate took up the report of the Committee on Corporations on the bill of the House to repeal an act to incorporate the town of DeSoto, in the county of Floyd, and to incorporate the same de JZOVO.

The report, which was favorable, was agreed to.

Proof of legal notice was submitted to the Senate.

The bill was read the third time and passed by a consti tutional majority of ayes, 29; nays, o.

The Senate took up the report of the majority of the
Finance Committee on the House jomt resolution to pay
the heirs of Hon. A. J. Hansell and J. M. Wilcox per
diem for this session.

The report of the majority, which was favorable to the passage of the resolution, was agreed to.

The resolution was read the third time, and on the question of concurring therein, the ayes and nays were ordered to be recorded.

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

Baggs, Baker,
Barksdale, Brown, Bond,
Byrd,
Curtis. Daniel,
Denmark

Gormnn, Harris, Rawes,
H1ck~,
Jordan, Johnson, King, :'IIcDaniel, McWhorter,

:Moseley, Neal, Payne, Price, Smith nf the 5th. ::'imith of the 15tb, Smith of the 23d, Storey, Westbrook.

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

Duggar, Fouche,

Guerry, Wilson,

Wino.

Ayes, 27. Nays, 5-

So the resolution was concurred in by a constitutional majority.

506

JouRNAL OF THE SEXATE,

l\Ir. Guerry asked to be excused from voting on the foregoing resolution because of a serious doubt as to its constitutionality. The request was not granted.

Mr. Fouche submitted a minority report adverse to the foregoing resolution.

The Senate took up the report of the Judiciary Committee on the bill of the House to amend section 1408 of the Code of 1873, which prescribes the punishment for keeping a drug or apothecary store without prst procuring a :icense -as required by law.
The report, which was favorable, was agreed to. The bill was read the third time, and passed by a constitutional majority, there being ayes, 27; nays, o.

The Senate took up the report of the Judiciary Com-

mittee on the bill of the House to provide for the prepara-

tion of new jury lists, and to authorize the drawing and

summoning of persons to serve as grand and traverse jurors

in the Superior Courts of this State, in cases where the

jury lists and jury box, or either, shall have been lost or

destr0yed between the time of the regular drawing of

jurors and the beginning of the term for which such draw-

ing was made, and to provide for the preparation and ser-

vice of new venue when the original venue shall have been

lost or destroyed before service thereof, on the persons

named therein, and for other purposes.



The report, which was favorable, was agreed to..

The bill was read the third time and passed by a constitutional majority, there being ayes, 26; nays, o.
The Senate took up the report of the Judiciary Com-mittee on the bill of the Hous"! to alter and amend section I of an act for the prevention of crue1ty to animals, approved October 20, 1879
Said committee reported in favor of its passage with an .amendment, which was adopted.
The report was agreed to.

SEPTDIBER 16, I88J.

507

The bill was read the third time and passed, as amended, :.by a constitutional majority of ayes, 2 5 ; nays. o.
The Senate took up the report of the Judiciary Committee on the bill of the House to amend section 4139 of the Code of Georgia.
The report, which was favorable, was a;reed to.
The bill was read the third time and passed by a con stitutional majority of ayes, 26; nays, o.
The Senate took up the report of the Judiciary Committee on the bill of the House to require the Judges of the Superior Courts of this State, upon request, iti the trial of civil cases, to furn:sh juries with written instructions ..as to the form of their verdict.
The report, which was favorable, 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 the report of the Judiciary Committee on the bill of the House to prohibit the sale of spirituous liquors in the county of Wilkinson, State of Georgia.
The report, which was favorable, was agreed to.
The bill was read the third time and passed by a con.s.titutional majority, there being ayes, 28; nays, o.
The hour of adjournment having arrived, the President declared the Senate adjourned until 9 o'clock A. M., tomorrow.

SEN'ATE CHA\IBER, .\TLANTA, GA.,
Friday, September 16, 1881, 9 o'clock A. :1-1. The Senate met pursuant to adjournment, the President in the chair. Prayer was offered by the Rev. :\lr. Roberson, of the county of Fulton.

sos

JouRNAL OF THE SENATE,

On the call of the roll, the following Senators answered

to their names, to-wit:

Baggs, Baker, Barksdalo, Brown, Bond, Butt, Byrd, Curtis,
Daniel, D;!muark,
Duggar,
Fvuche, Gornun,

Guerry, Hal'l'is. Harreli, Hawes, Hackett,
Hick~,
Jordan, Jnlln'ion,
I~ing,
)[cO"niel, )[attox,
\[c Whort r,
)ieldrim,

::lloselev, ~eal, Pnrks,
Payne, Price, H.eid, Smith of the 5th. Smitll of the 15th,
Smith of the 23u, Stlltev. Wtlson, Wio1.
)[R. PRESIDE~T.

The Journal was read and approved.

Mr. Banks offen~d a privileged resolution tendering a seat in the Senate Chamber to the Hon. T. B. Cabaniss, ex-Senator of the 22d District, during his stay in this city.

The same was read and agreed to.

Mr. Byrd, chairman of the Committee on Agriculture; Mr. McDaniel, chairman of the Committee on the Judiciary; .Mr. Fouche, chairman of the Committee on Finance, and Mr. Harris, chairman of the Committee on Hygiene, made reports for their several committees, on matters referred thereto respectively.

On motion of Mr. Byrd, the bill of the House to pro-
hibit fishing in the waters upon the lands of D. Clayton,.
J. B. Jones and E. Outlaw, etc., was recommitted to
the Committee on Agriculture.

The Senate took up the special order of the morning,_ to-wit: The report of the majority of the Judiciary Committee on the bill of the House to provide for the keeping of a record in each county of this State of the wild lands. lying and being therein, and to regulate the manner of giving in wild lands for taxation in this State.
The majority of said committee reported in favor of its. passage, with certain amendments, which were adopted.
The majority report was agreed to.

SEPTE~IBER 16, 188 I.

The previous question was called for and seconded, and

the main question was put.

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

its passage, the ayes and nays were required to be re-

corded.

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

Baggs, Boud, Denmark, DJggar, Guerry, Harris, Harrell,

Hawes, Hackett, Hicks. Jol!nson,
Ki~.g,
llleldrim.

Parks, Smith of the 5th, Smith of the li"ith. Smith of the 23d,
Storey,
We~tbrook.

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

BakPr, Barksdale, Brown, Butt, Byrd, Curtis,

Fouche, Gorman, Jordan, iHcDaniel, l\Iattox,

l\'[c W h o r t e r , )!oseley, Pan1e, Reid, Winn.

Ayes, 19. Nays, 16.

So the bill, not receiving a constitutional majority, was

lost.

Mr. Parks gave notice of intention to move a reconsid eration of the same.

The following message was received from the House of Representatives. through l\Ir. Hardin, the Clerk thereof:

Mr. President:

The House of Representatives has passed the following bills, to-wit :

A bill to incorporate the Atlantic and Mississippi Telegraph Company; also,

A bill to amend an act to provide for the better organization, government and- discipline oi the volunteer troops of this State, approved October 16, 1879; also,

A bill to amend an act to reg-ulate the manner of letting out contracts to build and repair public buildings, bridges and other public works in the several counties of this State ; also,

510

JOUR:-iAL OF THE SE~ATE,

A bill to exempt Floyd county from the provisions of section 67 r of the Code of Georgia ; also,
A bill for the relief of the bondsmen on the bond given by the Stonewall Rifles for arms furnished by the State of Georgia ; also,
A bill to amend an act to prohibit the killing of partridges and wild turkeys, and deer, at certain seasons, in the counties of Lowndes, Thomas and Putnam, approved February 28, 1876, so far as the sam~ relates to Thomas county; also,
A bill to authorize the Couaty Co:nmissio:1ers of Twiggs county to purchase property offered for sale for State and county taxes due in said county; also,
A bill to make permanent the income of the University of Georgia ; also,
A bill to regulate the manner of letting out contracts to build or repair public buildings, bridges, causeways or other public works in the county of Polk; also,
A bill to authorize the building and equipping of the Covington and Ocmulgee River Railroad; also,

A bill to amend the charter of the town of Camilla ; . also,
A bill to require the Judge of the Superior Court for the county of Jackson to have published in advance the order in which he will take up the docket in said county ; abo,

A bill to appropriate money to refund double taxes. illegally collected from Westchester Fire Insurance Company of New York ; also,
A bill to refund money illegally c;ollected from the Wil-liamsburg City Insurance Company of New York; also,

A bill to appropriate money to repay taxes illegally collfcted from the Phcenix Insurance Company of Brook-lyn, ~ew York; also,

SEPTEMBER 16, r881.
A bill to appropriate money to refund taxes illegally collected from the Pennsylvania Fire Insurance Company; also,
A bill to appropriate money to refund taxes illegally collected from the German American Insurance Company of New York; also,
A bill to alter and change the time for holding the Superior Courts in the county of Baldwin; also,
A bill to repeal an act approved September 25, 1879, in reference to the road laws of this State, so far as the same refers to the county of DeKalb ; also,
A bill to make it a misdemeanor for any person to obstruct the free passage of timber on the waters of this State; also,
A bill to abolish the County Court of Troup county; also,
A bill to amend so much of the charter of the City of Savannah as provides for the election of Jailor by the Mayor and Aldermen of said city.
The House of Representatives has also concurred in the Senate's amendments to the following House bills, to-wit:
A biil to provide for but one grand jury to serve for each term of Hall Superior Court, without reference to the number of weeks such term may continue; also,
A bill to submit to the voters of Randolph county the question of granting license to retail spirituous liquors; also,
A bill to authorize the Board of Commissioners of Roads and Revenues of Floyd county to purchase one or more bridges on the Etowah and Oostanaula rivers at Rome, and for other purposes; also,
A bill to amend an act entitled an act to create a Board of Commissioners of Roads and Revenues for Chattooga county, of said State, and for other purposes; also,

512

JouRNAL OF THE SENATE,

A bill to establish a new charter for the town of Frank lin, in the county of Heard, and for other purposes; also,
A bill' to incorporate the town of MeVille in the counties of Telfair and Montgomery.
The House of Representatives has also passed the following bill, to-wit:
A bill to incorporate the Atlanta Home Insurance Company.
Under a suspensio.n of the rules, the following bills were introduced, read the first time, and referred as respectively indicated, to-wit:
By Mr. HarrisA bill to provide for the more efficient granting of diplo mas by medical colleges,
Referred to the Committee on Hygiene. By Mr. Harrell-
A bill to amend section 1444 of the Code of 1873, in relation to the enclosure of ditches, etc.
Referred to the Committee on Agriculture. The following bills of the House were read the first time and referred to the Committee on the Judiciary, to-wit: A bill to amend an act to regulate the manner of letting out contracts to build or repair public buildings, bridges, etc., in the several counties of this State, and for other purposes, approved Septt:mber 29, 1878, so as to exempt Floyd county from the provisions of this act.
A bill to exempt Floyd county from the provisions of section 671 of the Revised Code of Georgia of 1873, which requires contractors for a public bridge, ferry, turn pike or causeway, to give a bond to keep the same in repair for seven years.
A bill to amend an act to prohibit the killing of partridges, wild turkeys and deer at certain seasons, in the the counties of Lowndes, Thomas and Putnam, approved

SEPTEMBER I6, I88 I.
February 28, I876, so far as relates to the county of Thomas, by prohibiting the killing, snaring, or trapping more than twenty-five partridges in one day by any one person.
A bill to authorize the County Commissioners of Twiggs county to purchase property offered for sale for State and -county taxes due in s:1id county, and for other purposes.
A bill to require the Judge of the Superior Court for the county of Jackson to have published in advance of the opening of the regular terms thereof, the order in which he will take up the dockets of said court, and for other purposes.
A bill to repeal so much of the charter of Savannah as provides for the election of a jailor and the superintendance of the jail of Chatham county by the Mayor and Aldermen of the City of Savannah; to vest the management and care of said jail in the County Commissioners and Sheriff of Chatham county.
A bill to abolish the County Court of Troup county, and to provide for the transfer of the unfinished business of said court.
A bill to make it a misdemeanor for any person or persons to obstruct the free passage of timber upon the several water courses in thi;; State; to prvvide a punishment thereof, and for other purposes.
A bill to repeal an act to alter and amend the road laws of this State so far as relates to the county of DeKalb, and to provide for working the roads of said county with convict labor, etc., approved 25th day of September, I879; and
A bill to alter and change the time of holding the Superior Court of Baldwin county.
The following bills of the House were read the first time and referred to the Committee on Corporations, to-wtt :
33

JouRNAL OF THE SENATE,
A bill to amend an act to incorporate the town of Camilla, assented to December 14,1858, so as to authorize Councilmen of said town to pass all laws and ordinances for the purpose of protecting said town against damage by fire as they may deem necessary, and declare any portion of said town fire districts.
A bill to incorporate the Atlanta H )me Insurance Company; and
A bill to incorporate the Atlantic and Mississippi Telegraph Company.
The following bills of the House were read the first time and referred to the Committee on Finance, to-wit:
A bill to appropriate money to refund triple taxes illegally collected by the State from the Pennsylvania Fire Insurance Company.
A bill to appropriate money to refund double taxes illegally collected by the State of Georgia from the GermanAmerican Insurance Company of New York.
A bill to appropriate money to refund double taxes illegally collected by the State from the Williamsburg City Fire Insurance Company of New York.
A bill to appropriate money to refund double taxes illegally collected by the State from the \Vestchester Fire Insurance Company of New York.
A bill to make permanent the income of the University of Georgia, and for other purposes.
A bill to appropriate money to refund double taxes illegally collected by the State from the Pho:nix Insurance Company of Brooklyn, New York; and
A bill for the relief of the bondsmen on the bond given by the Stonewall Rifles for arms furnished by the State of
G~orgia.
The bill of the House to authorize the survey, building and equipping a railroad from Covington, Newton county,

SEPTEMBER 16, r88 r.

SIS

Georgia, to the Ocmulgee river, to be known as the Covingt)n and Ocmulgee Railroad, and for other purposes connected with said enterprise, was read the first time and referred to the Committee on Railroads.
The bill of the House to regulate the manner of letting contracts for building o~ repairing public buildings, etc., in the county of Polk, and for other purposes, was read the fir,;t time ar:d referred to the Committee on Agriculture.
The bill of the House to amend an act to provide for the better organization, government and discipline of the volunteer troops of this State, etc., approved October r6. 1879 wz,s read the first time and referred to the Commit tee on the Millitary.
The bill of the Senate to render more efficient and economical the inspection and analysis of fertilizers, etc., was withdrawn by the mover, with consent of the Senate.
The fullowing bills of the House were read the second time and passed to a third reading, to-wit:
A bill to aiJpropriate money to refund .double taxes illegally collected by the State from the Niagara Fire Insurance Company of New Yurk.
A bill to authorize the town council of the town of Reynolds, in Taylor county, to issue and sell bonds for the purpose of building a school house or academy.
A bill to appropriate mo:1ey to refund double taxes illegally collected by the State from the Manhattan Fire Insurance Company of :N"ew York.
A bill to appropriate money to refund triple taxes il legally collected by the State from the Insurance Company of North America of Philadelphia.
A bill to appropriate money to refund triple taxes illegally collected by the State from the Girard Fire Insurance Company of Pennsylvania.

JOURNAL OF THE SENATE,
A bill to incorporate the Logansville Railroad Company, etc., and for other purposes.
A bill to incorporah: the town of Morrows, in Clayton eounty.
A bill to submit to the legal voters of Sumter county the question of prohibiting the sale of spirituous or malt liquors in said county.
A bill to incorporate the Dahlonega, Dawsonville and Gainesville Telegraph and Telephone Company, in the State of Georgia.
A bill to regulate the !Jractice of medicine in the State of Georgia.
A bill incorporating the Kingston, \Valesca and Gainesville Railroad Company, and for other purposes.
A bill to fix the time for holding the Superior Court for the county of Mitchell, and provide for two weeks fore ach term instead of one, as now provided.
A bill to provide a Board 0f Commissioners of Roads and Revenues fo.r the county of Emanuel; to define their powers and duties, and for othtr purposes.
A bill to create a County Court for the county of Walton.
A bill to appropriate money to refund double taxes il legally collected by the State trom the Lorrillarcl Fire Insurance Company of New York.
A bill to establish a Board of Pharmaceutic Examiners, and to prescribe the powers and dutie~ 01 said Board, and to regulate the compounuing and vcnding of medicines, drugs and poisons in the State of Georgia, and to provide a penalty for the infringenH.:nt of the provisions of this bill.
A bill to prohibit the saie of intoxicating drinks of either malt or spirituous liquor:> in any quantity within two miles of any church)n the corporate limits of the City of Forsyth, Georgia, and for other purposes.

SEPTEMBER I 6, I 88 I.
A bill to prohibit the selling and furnishing of any sr,iritnous, vinous or malt liquors at any point within the 483d District G. l\1., commonly known as Howard's District in Bibb county, within three miles of any house of religious worship, or any school house within said district, and to provide a penalty for the same.
A bill to provide for the registration of voters to vote at municip:d elections in the City of Savannah; to fix, regulate and determine the time, place and manner in which such elections shall be held ; to prescribe the qualifications of voters at all such elections, and to provide suitable penalties for all violations thereof; and
A bill to amend section 4194 of the Code of I 873, which prescribes the time within which answers must be filed in equity cases, by providing for cases where demurrers or pleas are filed, but not determined at the first term.
The bill of the Senate to organize a Criminal Court for the several counties of the State of Georgia, and to prescribe the powers and duties thereof, and for other purposes, was taken up for a third reading. but without being read, was laid on the table for the present.
The Senate took up the report of the Judiciary Committee on the bill of the Senate to transfer the county of Miller from the Pdtaula to the Albany (:ircuit, and the county of Calhoun from the Albany to the Pataula Circuit; to fix the time for holding the Superior Courts 111 said counties, and for other purposes.
The report, which was favorable, was agreed to.
The bill was read the third time and passed by a constitutional majority of ayes, 29; nay:>, r.
The Senate took up the report of the Judiciary Com mittee on the bill of the Senate to change the time of holdmg the Superior Court of the county of Worth, and for other purposes.

JOURNAL OF THE SENATE,

The report was amended, on motion of Mr. Parks, by striking out the word "fourth" and inserting the \yord "second" in lieu thereof where the same occurs in the first section.
The report, as amended, was agreed to.
The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 27 ; nays, o.
The Senate took up the report of the Committee on the bill of the House to amend an act to carry into effect the last clause of paragraph I, section I, article 7 of the Constitution of 1877, approved Septtmber 20, 1879, by adding an additional proviso to the first s:ction of said act, etc.
The report, which was favorable, was agreed to.

The bill was read the third time, and on the question of its p<ss3.ge, the ayes and nays were ordered to be recorded.
Those who voted in the affirmative are, to-wit-Ytessrs.

Baggs, Baker, Barksdale, Brown, Bnnd,
Butt,
Byrd,
Curtis
Daniei, Denruark, Duggar,
Fouche,

Gorman
Guerry,' Hawes, Hackett, Hicks,
Jordan,
J<1hnson, King, McDaniel,
McWhorter,
Meldrim,
Moseley,

Parks, Payne, Price,
Reid, Smith of the 5th, ~mith of the 15th,
Smith of the 23rd, Storey, Westbrook, Wilson, Winn,
MR. PRESIDENT.

Ayes, 36. Nays, o. So the bill was passed by a constitutional majority.

Mr. Daniel, chairman of the Judiciary Committee, and Mr. Fouche, chairman of the Committee on Finance, made reports for their respective committees.

Leave of absence was granted Mr. Neal for to-morrow and Monday.

SEPTE~IBER 17.1881.

The Senate took up the report of the Committee on Finance on the resolution of the House to pay the balance <>f per diem of Hon. James T. Glover to his family.

The report, which was favorable, was agreed to:

The resolution was read the third time, and on the -question of concurring therein, the ayes and nays were ordered to be recorded.

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

Baggs, Baker, Barksdale, Brown, l3ond, .Byrd, Curtis, Dani<'l, Denmark, Duggar,

Gorman. Hawes,
Hicks.
Jordan, .J olmson. King, l\Ic Daniel, McWhorter,
Meldrim, Moseley,

Parks, Payne, Price, Reid, Smith of the 5th. Smith of the 15th, Smith of the 23d, Westbrook. Wilson.

Those who voted in the negative are, to-wit-:\'Iessrs.

Fouche,

Winn.

Ayes, 29. Nays, 2.

So the resolution was concurred m by a constitutional majority.

The hour of adjournment having arrived, the President declared the Senate adjourned until 9 o'clock A. ;\L, tomorrow.

SENATE CHAMBER, ATLANTA, GA.'
Saturday, September 17, !881, 9 o'clock A.M.
The Senate met pursuant to adjournment, the President in the chair.
Pr::tyer was offered by Rev. J. W. Heidt, D. D., Chap.
lain of the Senate.
On the call of ~he roll, the following Senators answered J:o their names, to-wit:

520

} OURNAL OF THE SENATE,

Baggs, Baker, Barksdale, Brown, Bond, Butt, Byrd, Curtis, Daniel, Denmark, Duggar, Fouche, Gorman,

Guerry, Harris, Harrell, Hawes, Hacl,ett, Hicks, Jordan, Johnson,
l{:ing,
~IcDaniel,
Mattox, Me Whortcr, ::\leldrim,

.Moseley, Parks, Payne, Price, Rfid, Smith of the 5th, Smith of the 23d, i::ltorey, Westbrook, Wilwn, vVion,
MR. PRESIDE:I>T.

The Journal was read and approved.
Mr. Parks moved a reconsideration of the bill of the House to provide for the keeping of a re<;ord in each county of this State of the wild lands lying and being therein, and to regulate the manner of giving in wild lands for taxation in this State.
Mr. Butt moved to lay this motion on the table, and required the ayes and nays to be recorded thereon.

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

Bnker. Barksdale, Brown, Butt, Byrd, Curtis,

Daniel,
Duggar, Fouche, J\1<-Daniel,
:\Iattox,

~Ic vVhorter, .Jlo,dey,
Payne, Reid, \V111n.

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

Baggs, .J:Sund,
Denmark, Guerry, Hanis,
Harr~ll,

Hawes, Hackett, Hicks, .Jonlnn. Johnson,
l\.:111!.!:,

Parks,
Smith, of the 5th,
Smith of the l51h, Smith of the 2:ld,
i::lturcy, WiJ,on.

Ayes, 16. Nays, 18.

So the motion to lay the motion to reconsider on the table did not prevail.
The motion to reconsider prevailed.

:\1r. McDaniel, chairman of the Committee on the Judiciary; Mr. Byrd, chairman of the Committee on Agriculture; Mr. Fouche, chairman of the Committee on Finance,.

SEPTEMBER J7, I88I.

521

and Mr. Butt, chairman of the Committee on Railroads, made reports from their several committees on matters referred thereto respectively.
The following bills of the House were taken up for a second reading under adverse reports of committees, the reports agreed to, and the bills were lost, to-wit :

A bill to fix the d::tte of the commencemen~ of the term of imprisonment in the Penitentiary of this State.
A bill to require Judges of the Superior Court to give specially in charge to grand juries an act for the prevention of cruelty to animals.
A bill to prescribe the mode of effecting service on minor defendants.
A bili to exempt toll cotton from seizure and sale under any process against the person owning or having the same ginned, which process existed prior to or at the time it was ginned.
A bill to prohibit the driving of cattle into the county of Rabun at certain seasons of the year, and to regulate the driving of beef cattle.
Ry resolution of Mr. Brown, the Hon. P. M. Russell, of Savannah, and the Ron. George R. Black, of Scriven county, were tendered seats in the Senate Chamber during their stay in this city.
Leave of absence was granted Mr. Daniel for Monday, Tuesday and vVedne'5day, to enable him to attend court in his county.
Mr. Price, chairman of the Committee on Education, made a report on certain bills.
The bill of the House to incorporate the Red Line Steamboat Company, which was taken up for a second reading, under adverse report of the Commitee on Corporations, was on motion of Mr. Fouche, laid on the table for the present.

522

JouRNAL OF THE SENATE,

The Senate took up the report of the Committee on Agriculture on the bill of the House to amend an act approved Augu<>t 26, I 879, entitled an act to prevent the driving or grazing of diseased catrle into places other than those where the cattle are diseased, and to fix a penalty therefor.
The report was favorable, and was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority of ayes, 23 ; nays, 2.
Proof of due legal notice was submitted to the Senate. The Senate took up the report of the Judiciary Committee on the bill uf the House to prevent the purchase or sale, or receipt, or delivery of any seed cotton between the hours of suns-et and sunrise.
The report, which was favorable, wa,; amended, on motion of Mr. Smith of the Fifth District, as follows, towit:
Amend section 2 by adding thereto the following proviso: "Prtrvz'ded, That in any prosecution under the provisions of this act, it shall be competent for the defendant to prove that the party who sells or delivers the same was the sole owner of such seed cotton, or had the right to sell the same, which, if established, shall be a sufficient defense to the same.
The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority of ayes, 25 ; nays, o. On motion of Mr. McDaniel, the same was ordered to be transmitted to the House of Representatives at once. Mr. Guerry, ~hairman of the Committee on Banks, made a report on a certain bill referreJ to said committee.
The following bills of the Senate were n:ad a second time, and passed to a third reading, to-wit :
A bill to provide for the more efficient granting of -diplomas by medical colleges; and

SEPTD!UER IJ, r88r.
A bill to amend section I444 of the Code of r873, in relation to the enclosures by ditches, etc.
The following bills of the House were read the second time and passed to a third reading, to \\'it:
A bill to amend the several acts incorporating the City <>f Maeon, in the county of Bibb : to aboli~h the Mayor's Court of said city, and to create and establish, in lieu thereof a Recorder's Court for said city; to define the jurisdiction of such Court; to provide for the election of a City Recorder, and for other purposes.
A bill to alter and amend the Road Laws of this State so far as relates to the county of DeKalb, etc., approved September ~s. r 879.
A bill to amend the law in relation to the letting out .contracts for buildings, bridges, etc., by excepting the county of Floyd from the operations of this act.
A bill to abolish the County Court of Troup county, and to provide for the transfer of the unfinished business <>f said Court.
A bill to alter and change the time of holding the Superior Court of Baldwin county.
A bill to amend the charter of the town of Hampton, etc. A bill to amend an act to prohibit the killing of partridges, wild turkeys and deer at certain seasons, in the counties of Lowndes, Thomas and Putnam, etc., apprO\ed February 26, r876, so far as the same relates to the county of Thomas. A bill for the relief of the bondsmen on the bond given by the Stonewall Rifles for arms furnished by the State of Georgia. A bill to appropriate money to refund double taxes illegally collected by the State, from the German American Insurance Company of New York. A bill to amend an act incorporating the Gate City Street Railroad Company, approved September 26, 1879

JOURNAL OF THE SLNATE,
A bill to exempt Floyd county from the provisions of section 671 of the Revised Code of 1873, which requires contractors for building public bridges, etc., to give bond to keep the same in repair for seven years.
A bill to appropriate money to refund double taxes illegally collected by the State from the Williamsburg City Fire Insurance Company of New York.
A bill to appropriate money to refund double taxes illegally collected by the State from the Phcenix Insurance Company of Brooklyn, New York.
A bill to appropriate money to refund double taxes illegally collected by the State from the Westchester Fire Insurance Company of New York.
A bill to reguhte the manner of letting out contracts to build or repair public buildings, etc.
A bill to appropriate money to refund double taxes illegally collected by the State from the Pennsylvania Fire Insurance Company.
A bill to incorporate the Atlantic and Mississippi Telegraph Company.
A bill to incorporate the Atlanta Home Insurance Company.
A bill to make the Jury Commissioners of Fulton county, appointed by the Judge of the Superior Court, the Jury Commissioners of the City Court of Atlanta, and to prescribe their duties.
A bill to amend an act to construct a railroad from Elberton, Georgia, to intersect with the New York and New Orleans Air Line Railroad, approved December 13, 1871.
A bill to incorporate the Citizens Savings Bank of Savannah.
A bill to amend an act to incorporate the town of Camilla, assented to December 14, 1858, etc; and
A bill to require the Judge of the Superior Court for the

SEPTEMBER 17, t88t.

county of Jackson, to have published in advance of the opening of the regular term thereof, the order in which he will take up the dockets of said Court, and for other purposes.

Mr. Fouche gave notice of his intention to move a reconsideration of the action of the Senate in agreeing to the adYerse report of the Judiciary Committee on the bill of the House to exempt toll cotton from seizure and sale by legal process undc::r certain circumstances.

The Senate took up the report of the Committee on Education on the reconsidered bi~l of the Senate to regulate the payment of teachers' wages in the public schools of the State, and to define the manner of computing the same.
This bill having been recommitted to said committee, the same reported in favor of its passage by substitute.

The substitute was adopted.

The report was agreed to.

The bill having been read the third time, the ayes and nays were required by Mr. Curtis to be recorded.

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

Baggs,
Baker. Barksdale, Bond,
Butt,
Byrd, Curtis,

Danhl,
Fouche, Guerry, Harris,
Jordan,
McDaniel, JUauox,

Mr.ldrim, Moseley, Price, Reid, Smith of the 23d, St<m y.

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

Denmark,
Du!fgar,
Hicks, Johnson,

)lcWI.wrter, Parks, Payne,

Smith of the 15th, Wilson, Winn.

Ayes, 20. Nays, 10.

So the bill, t;ot having received a constitutional majority, was lost.

The Senate took up the report of the Judiciary Committee on the bill of the House to create a County Court for the county of Walton.

526

]OURXAL OF THE SEXATE,

The report, which was favorable, was agreed to. The bill was read the third time and passed. by a constitutional majority, there being ayes, 27; nays, o; and on motion of Mr. McDaniel, ordered to be transmitted to the House of Representatives at once. The Senate took up the report of the Committee on Railroads on the bill of the House to incorporate the Covington and South River Railroad Company, and for other purposes. Said committee reported in favor of the passage of the bill, with certain amendments, which were adopted. The report was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 27; nays, o.

Proof of due legal notice was submitted to the Senate.

The Senate took up the report of the Committee on

Finance on the House joint resolution p,roviding for the

payment of mileage to members of the General Assembly.

The report, which was favorable, was agreed to.

The resolution was read the third time, and on the

question of concurring therein, the ayes and nays were

ordered to be recorded.

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

Baggs, B!tker. Barksdale, Brown, Bond, Butt, Byrd, Daniel,
Denmark,
Dup;gar,

H11rris,
Harrell. Hackett, Hick, ,Jordan,
King,
~lcDaniel,
:llattox, .\ic Whorler,

Meldrim,
:Moseley, Parks,
Payne, Price, Smith of the 15th, 8mith of the 23!.1, Storey, Wilson .

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

Curtis,

Fouche,

Johnson.

Ayes, 28. Nays, 3

So the resolution was concurred in by a constitutional majority.

SEPTE~IBER I 7' I 88 I.
Leave of absence was granted Mr. Gorman for today and Monday next.
Mr. Meldrim, chairman of the Committee on the Military, made a report, which was read, on a bill referred to said committee.
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 order an election to determine if the sale of liquors of any kind shall be prohibited in the county of \Vorth ; also,
A bill to prohibit the sale of liquor within the limits of Burke county, and for other purposes; also,
A bill to compel clerks of the Superior Courts to deliver up ballots in their possession, in contested election cases; also,
A bill to amend the Constitution of this State by striking out paragraph 15, of section 7. article 3, relative to the introduction and reading of local or special bills; also,
A bill to repeal an act entitled an act to incorporate the town of Lawtonville, approved December 14, 1871; also,
A bill to exte11d and make applicable the provisions of sections 1449, 1450, 145 r, 1452, 1453, and 1454, of the Revised Code of Georgia of 1~73. to 37th, 38th and 26oth Districts Georgia Militia of the county of Scriven; also,
A bill to incorporate the Greenville and White Sulphur Springs Railroad Company; also,
A bill to authorize the foreclosure of mortgages in equity as well as in the manner prescribed in the Code ; also,
A bill to protect the farming interests of Monroe county, in this State, by making parties who permit animals to run at large liable in damages for any trespass which animals may commit, and for other purposes; also,

528

JouRNAL oF THE SENATE.

A bill to incorporate the Brunswick and Flint River Railroad Company ; also,

A bill to alter and amend section I 3 of an act entitled an act to perfect the public school system, and to supersede existing school laws, approved August 23, 1872; also,

A bill to amend an act to repeal the several acts estab lishing Commissioners ofRoads and Revenues in the counties of Jones, Chattahoochee, Douglas, Bulloch and Heard, approved September 26, 1879, so far as the same relates to the county of Douglas, and for other purposes; also,

A bill to incorporate the Rome Canal and Water Company; also,

A bill to define the authority of the Commissioners of Roads and Revenues of Glynn county, in relation to execution of bonds of said county; also,

A bill to enlarge the powers of the county authorities in this State as to levying taxes for pauper purposes; also,

A bill to provide for the establishment of a City Court in the county of Richmond, and for other purposes; also,

A btll to prohibit the sale of liquor within three miles of Davisboro Baptist Church, located near No. 12, Central Railroad, in Washington coun.ty; also,

A bill to alter and amend section 3698 of the Revised Code of 1873, in regard to fees of jailors, and to regulate the same; also,

A bill to amend section 1562 of the Code of Georgia in reference to the inspection of grain ; also,

A bill to abolish the County Court of Richmond county,

and for other purposes ; also,



A bill to levy and collect a tax from dealers in iron safes doing business in this State ; also,

A bill to confer additional powers on incorporated towns and villages of this State ; also,

SEPTE~iBER I 7, I 88 I.
A bill to authorize municipal corporations in this State to provide by ordinance for the forfeiture and collection .,f appearance bonds, and for other purposes ; also,
A bill to appoint county police or patrol for the county of Richmond, and for other purposes ; also,
A bill to charter the Middle Georgia Railroad, and for other purposes ; also,
A bill to create a Board of Commissioners of Roads and Revenues in the county of Hancock.
The House of Representatives has also concurred in the Senate's amendments to the following House bills, to-wit:
A bill to prevent the practice of hunting deer in the night time by fire light, and for other purposes; also,
A bill to submit to the voters of Randolph county the question of granting license to retail liquor in <:aid county; alsq,
A bill to apply all moneys received by the Department of Agriculture for inspecting fertilizers in exces~ of what is necessJry to defray the expense of said Agricultural Department, to the common school fund of the State; also,
A bill to alter and amend section I of an act for the prevention of cruelty to animals, approved October 20, _ I 879; also,
A bill to prohibit the sale of liquor in the county cf Wilkinson, State of Georgia.
Mr. Mc'vVhorter, chairman of the Committee on Enrollment, submitted the following report:
Mr. Preszdent: The Committee on Enrollment report as duly enrolled,
signed by the Speaker of the House of Representatives, and ready for the signature of the President of the Senate, the following acts, to-wit:
An act to incorporate the Union Railroad Company, and for other purposes; also,
34

530

JouRNAL OF THE SENATE,

An act to repeal an act to incorporate the town of DeSoto in Floyd county, and to incorporate the same de novo.

Respectfully submitted. R. L. McvVHORTER, C!zairman.

The Senate took up the report of the Committee on Railroads on the bill of the House to alter and amend the charter of the Bainbridge, Cuthbert and Columbus Railroad Company ; to change the name of said company; to increase the capital stock of said company, and for other purposes therein named.

Proof was submitted of publication of notice of intention to apply for the passage of this bill at the City of Cuthbert, and in the newspaper published in said city.

The report, which was favorable, was agreed to.

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

its passage, the ayes and nays were required by Mr. Parks to be recorded.

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

Baggs, Btker,
Barksdale, Brown Bond,'
Butt. BCuvrrtcil~, Denmark, Due gar, Fouche,

Harris, Harrell, Hackett, Hicks, Jordan, King,
~lcDaniel.
Mattox,
McWhorter, ::lleldrim,

:\Ioseley, Parks, Payne, Price, Reid, Smith of the 15th, Smith of the 23d, Storey, Wilson, Winn.

Ayes, 31. Nays, o.

So the bill \vas passed by a constitutional majority, and on a motion of Mr. Parks, ordered to be transmitted to House of Representatives at once.

Tbe Senate took up the report of the Finance Committee on the bill of the House to relieve E. Polk, security on
Jett Dobb's forfeited bond in Paulding Superior Court, and
for other purpos<:;s.

SEPTEMBER 17, r88r.

53!

Proof of due legal notice was submitted to the Senate.
The report, which was favorable, was agreed to.
The bill was read the third time and passed by a constitutional majority of ayes, 28; nays, o.
Mr. Butt, chairman of the Committee on Railroads, made a report, which was read.
Lea\e of absence was granted Mr. Johnson until-Tuesday morning, and to l\lr. Price for Monday and Tuesday next.
On motion of :\ir. Parks, the Senate unanimously reconsidered the order for the transmission to the House of the bill of the House to amend the charter of the Bainbridge, Cuthbert and Columbus Railroad, and gave notice that he should move the reconsideration of said bill on Monday next.
The following bills of the Hou<:e were read the first time, and referred to the Committee on the Judiciary, to wit:
A bill to authorize municipal corporations in this State to provide by ordinance for the forfeiture and collection of appearance bonds, etc.
A bill for the appointment of county police or patrol for the territory of Richmond county, not included within the corporate limits of Augusta, and other incorporated towns ?r Yillages, etc.
A bill to confer additional powers on incorporate towns and villages of this State, and for other purposes.
A bill to levy and collect a tax from dealers in iron safes doing business in this State.
A bill to amend section r 562 of the Code of Georgia. A bill to abolish the County Court of Richmond county, and for other purposes. A bill to create a Board of Commissioners of Roads and Revenues in the county of Hancock, and to define their powers.

532

jouRNAL OF THE SEKATE,

A bill to alter and amend section 3698 of the Revised Code of 1~73.
A bill to amend the several acts creating a Board of Commissioners of Roads and Revenues for the counties of Jones, Chattahoochee, Douglas, Bulloch and Heard, etc., assented to September 26, 1879.
,-\ bill to prohibit the sale or furnishing intoxicating liquors within three miles of Davisboro Baptist Church, in the county of vVashington.
A bill to define the Commissioners of Roads and Re.venues of Glynn county in regard to the execution of bonds of officers of said county.
A bill to establish a City Court in the county of Richmond ; to provide for the appointment of a Judge and Solicitor thereof, and to define their powers and duties.

A bill to authorize the foreclosure of mortgages in equity as well as in the manner prescribed in the Code.

A bill to extend and make applicable the provisions of sections 1449, 1450, 1451, 1452, 1453 and 1454 of the Revised Code of Georgia of 1R73, to the 37th,. 38th and 26oth Districts G. :\1., of the county of Screven, and for other purposes.

A bill to amend the Constitution of this StaLe by striking therefrom and repealin,::: paragraph 4 of section 7, article 3, thereof, relative to the origin, introduction and reading of local or special bills.
A bill to prohibit the sale of intoxicating liquors in the county of Burke, except for medical ;tnd sacramental pur poses, etc.

A bill to order an election to determine if the sale of intoxicating liquors should be prohibited in the county of \Vorth, State of Georgia; and
A bill to compel Clerks of Superior Courts to deliver up ballots in their possession and control to the person

SEPTE~mER I7, I88r.

533

who presides at the taking of testimony in contested election cases, so as to secure a compliance with the law, as set out in section I 33 I of the Code of 1873.
The following bills of the House were read the first time and referred to the Committee on Corporations:

A bill to incorporate the Rome Canal and \Vater Company; and

A bill to repeal an act to incorporc.te the town of Lawtonville, approved December 14, 1871.

The following bills of the House were read the first time and referred to the Committee on Railroads and Internal Improvements, to-wit:

A bill to incorporate the Greenville and White Sulphur

Springs Railroad Company. and for other purposes there-

with connected, relating to the formation, organization,

construction and operating said road.



A bill to incorporate the Brunswick and Flint River Railroad Company ; and
A bill to charter the Middle Georgia Railroad, and for other purposes; said road to extend from Sandersville, or Tennille on the Central Railroad, to Union Point, on the Georgia Railroad.
The bill of the House to enlarge the powers of. county authorities in this State, as to levying taxes for pauper purposes, was read the first time, and referred to the Committee on Finance.

The bill of the House to alter and amend section I 3 of an act to perfect the public school system, and to super scde existing school laws, approved August 23, 1872, was read the first time and referred to the Committee on Education.
The bill of the House to protect the farming interest of Monroe county, in this State, by making partics who permit animals to run at large liable in damages for any tres-

534

JOURNAL OF THE SENATE,

p-asc; which such animals may commit, and for other pur-
pose~.
The Senate, on motion of Mr. Byrd, adjourned until ro o'clock A. M., Monday next.

SENATE CHAMBER, ATLANTA, GA.,

Monday, September 19, 1881, ro o'clock A. ~!. The Senate met pursuant to adjournment, the President in the chair.

Prayer was offered by the Rev. J. W. Heidt, Chaplain of the Senate.
On the call of the roll, the follo\ving Senators answered to their names, to-wit :

Bagc:~,
Baker, Barksdale, Brown, Bond, Butt, Byrd, Curtis, Denmark, Duggar, Fouche. Guerry,

Harrell
Haw< s,' Hicks, ,Jordan, King, McDaniel, Mattox, Me Whorter, Meldrim, Moseley, Neal,

Parks.
Payne, Reid,
Smith of the 5th, Smith of the 15th,
Storey, Suddath, TrPadwell,
Wilson, Winn,
~IR. PHE8IDENT.

The Journal was read and approved.

On motion of Mr. Fouche, the Senate reconsidered its action of Saturday on the bill of the House to exempt toll cottor~ from seizure and sale under any process against the person owning or having such cotton ginned, existing prior to or at the time it w::.s ginned.

On motion of Mr. Parks, the Senate reconsidered its action on the bill of the House to alter and amend the charter of the Bainbridge, Cuthbert and Columbus Railroad Company, and for other purposes.
The President submitted to the Senate a communication from citizens of Savannah relating to a bill pending in this

SEPTE~IBER I 9 ISS I.

535

body in rq ;ud to the control of the jail of Chatham county.
The reading of the same was dispensed with, on the motion of Mr. Meldrim.
Mr. ~fcDaniel, chairman of the Committee on the Judi ciary, submitted a report, which was read.
The following message was received from his Excellency, the Governor, through Mr. vVarren, his Secretary, to-wit:

Mr. Preszdent :
I am directed by his Excellency, the Governor, to deliver to the Senate a sealed communication, to which he respect~ fully invites the consideration of your honorable body in executive session.
Mr. Parks offered the following resolution, which was on motion taken up for action and read, towit:
Resohed, That on and after to-day, the Igth inst., the Senate will hold two sessions daily, with hours of meeting .and adjournment as follows, viz:
Meet at 9 o'clock A. M., and adjourn at I o'clock P. M. Meet again at 8 o'clock P. M., and adjourn at 10 o'clock
P. ~I.
~1r. Jordan offered the following as a substitute, viz: Resolved, That from and after to-day, the Senate h0ld afternoon sessions, beginning at four and ending at 6 o'clock.
Mr. Butt called the previous question, which was seconded, and the main question was submitted to the Senate, viz:
r. The question of agreeing to the original resolutior, which was lost.
2. The question of adopting the substitute, which pre-vailed.
On the question of agreeing to the sub'stitute, the ayes .and nays were required by Mr. \Vinn, to be recorded.

JouRNAL oF THE SENATE,

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

Blil!"g!t, Baker,
Brown,
Bond, Butt, Byrd,
Curti~,
Dl"nmark, Duggar,
FouchE>,

Guerry, Harrell,
Hicks. Jordan, King,
l\Ic Daniel, Mattox, Meldrim, 1\Inseley,
Neal,

Parks,

PAyne,

Reid,

Smith of the 5th,

Smith of the 15th.

Storey,

,

Suddath,

Tread well,

Winn.

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

Me \\"horter.

Ayes, 29. Nays, 1.

So the substitute was agreed to by a constitutional majority.

Mr. Mc\Vhorter, chairman of the Committee on Enrollment, submitted the following report:

Mr. President:
The Committee on Enrollment report as duly enrolled~ s:gned by the Speaker of the House of Representatives, and ready for the signature of the President of the Senate, the following acts, to-wit :

An act for the relief of the City Buiiding and Loan Association of Bibb county; also,

An act for the relief of the Mechanics Building and Loan Association of Bibb county ; also,
An act for the relief of the Bibb Loan and Building Association of Bibb county ; also,
An act for the relief of the Home Building and Loan Association of Bibb county; also,
An act for the relief of the Ocmulgee Building and Loan ,Association of Bibb county; also,
An act to amend an act to carry into effect the last clause
,of paragraph 1, section 1, article 7 of the Constitution of
1877; also,

SEPTE:\IBER I 9 I 88 I.

537

An act to create a County Court for the county of vValton; also,
A resolution to pay balance of per diem of Hon. James F. Glover to his family; also,

An act to incorporate the town of MeVille, in the county of Telfair and Montgomery; also,

An act to incorporate the Union Railroad Company, and to define its rights and powers; also,

An act to establish a new charter for the town of Franklin, in the county of Heard; also,

An act to amend an act to create a Board of Commis sioners of Roads and Revenues for Chattooga county ; also,
An act to authorize the Board of Commissioners of Roads and Revenues of Floyd county to purchase one or more bridges on the Etowah and Oostanaula rivers at Rome, Ga.
An act to submit to the voters of Randolph county the question of granting license to spirituous liquors in said county ; also,
An act to provide for but one grand jury to serve for e1ch term of Hall county Superior Court, without reference to the number of weeks such term may continue ; also,
An act to amend section I408 of the Code of I873, which prescribes punishment for keeping a drug or apoth ecary store without first procuring a license ; also,

An act to amend section 4 I 39 of the Code of Georgia; also,
An act to require the Judges of the Superior Courts of this State, upon request in the trial of civil cases, to furnish juries with written instructions as to the form of their verdicts ; also,

JouRNAL oF THE SE~ATE,
An act to prohibit the sale of spirituous liquors within three miles of the Academy located at the village of LaFayette ; also,
An act to prevent the practise of hunting deer m the night time by firelight; also,
An act to alter. and amend section 1 of an act for the prevention of cruelty to animals, approved October :w, I 88 I ; also,
An act to increase the_ educational fund ; to apply all moneys received by the Department of Agriculture and hire of convicts to the educational fund ; also,
An act to repeal an act entitled an act to incorporate the town of DeSoto, in the county of Floyd, and to incorporate the same de novo ; also,
An act to prohibit the sale of spirituous liquors in the county ol Wilkinson, in this State ; also,
An act to provide for the preparation of new jury lists when the boxes have been destroyed; also;
A resolution to pay the heirs of Hon. A. J. Hansel and ]. N. Wilcox per diem for this session.
Respectfully submitted.
R. L. Mc\VHORTER, Chairman. Leave of absence was granted Mr. Smith of the Twenty third Di~trict, for a few days, and to the Committee on Railroads and Internal Improvements for a few minutes on business of said committee.
The bill of the Senate to provide for the registration of -electors in the several counties of this State, etc., was taken _up for a >'econd reading under adverse report of the Judiciary Committee, and lost by agreement with said report.
The bill of the Senate to more fully carry into effect paragraph I, section 7, article 7 of the Constitution of I877, was withdrawn by the mover, with consent of the .Senate.

SEPTDIBER 19, r88r.

539

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

A bill to repeal an act to incorporate the town of Lutherville. approved December 14, 187 I.
A bill to incorporate the Rome Canal and \Vater Company.

A bill to incorporate the Southside Street Railroad Company.

A bill to amend section r 362 of the Code of Georgia in reference to the inspection of grain.
A bill to authorize the foreclosure of mortgages in equity as well as in the manner prescribed in the Code.

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 amend an act entitled an act to provide for the regulation of railroad freight and passenger tariffs in this State, approved October 14, 1879, and hr other purposes; also,
A bill to enable the trustees of the lJ niversity of Georgia to inaugurate a system of free tuition in that institution.

The House of Representatives refuses to concur in the Senate's amendment to House bill No. 53, which is
A bill to prevent the purchase or sale, or receipt, or delivery of any seed cotton between the hours of sunset and sunris.e.
The bill of the Senate to amend section 19 of the public school laws of Georgia, was read the second time and passed to a third reading.
The following bills of the House were read the second time and passed to a third reading, to-wit:

540

JouRXAL oF THE SENATE,

A bill to charter the Middle Georgia Railroad, and for other purposes.
A bill to alter and amend section 13 of an act to perfect the public school system, and to 'upersede exi<>ting school laws, approved August 23, 1872.
A bill to incorporate the Greenville and White Sulphur Springs Raih oad Company.

A bill to incorporate the Brunswick and Flint River Railroad Company.
A bill to confer additional powers on incorporated towns and villages of this State, and for other purposes.

A bill to compel Clerks of the Superior Court to deliver up ballots in their possession and control, to the person who presides at the taking of testimony in contested election cases, so as to secure a compliance with the law as set out in section 1331 of the Code of 1~73
A bill to authorize the County Commissioners of Twiggs county to purchase property offered for sale for State and county taxes due in said county, and for other purposes.

A bill to authorize the ,\1 ayor and Aldermen of Savannah to tax the property of the Savannah, Florida and Western Railroad Company.
A bill to amend an act approved October 16, 1879, prescribing the manner of foreclosing certain chattel mortgages, and for other purposes.
A bill to create a Board of Commissioners of Roads and Revenues in the county of Hancock, and define their powers.
A bill to regulate practice m the Supreme Court of Georgia.
A bill to order an election to determine if the sale of intoxicating spirits of any kind in the county of \Vorth.

A bill to authorize the survey, building and equipping a railroad from Covington, 1\'ewton county, Georgia, to.

S.HTD1BER 19, 188 I.

541

the Ocmulgee river, to be known as the Covington and Ocmulgee Railroad, and for other purposes.
A bill to extend and :nake applicable the provisions of sections 1449, 1450, 145 I, 1452, 1453 and 1454 of the Revised Code of Georgia of 1873, to the 37th, 38th and 26oth Districts G. M., of the county of Screven, and for other purposes.
A bill to amend an act to provide for the better organization, government and discipline of the volunteer troops of this State, etc.
A bill to incorporate the Etowah and Blue Ridge Rail. road Company, and for other purposes.
A bjlJ to repeal so much of the charter of Savannah, and the acts amendatory thereof, as provides for the election of a jailor and the superintendence of the jail of Chatham county by the Mayor and Aldermen of the City of Savannah; to vest the management and care of said jai' in the County Commissioners and Sheriff of Chatham county.
A bill to define the authority of t.he Commissioners of Roads and Revenues of Glynn county in relation to execution of bonds of officers of said county.
A bill to abolish the County Court of Richmond county, and for other purposes.
A bill to prohibit the sale of intoxicating liquors within three miles of Davisboro Baptist church, located near No. r 2, Central Railroad, in Washington county.

A bill to establish a City Court in the county of Rich. mond, and for other purposes; and

A bill to prohibit the sale of intoxicating liquor8 111 the county of Burke, etc.
The Senate took up the report of the Temperance Com mittee on the bill of the House to regulate the sale of spirituous, vinous and malt liquors in the county of Gwinnett.

5 42

]OL'RXAL OF THE SE:'\ATE,

Proof of due legal notice was submitted to the Senate.

The report, which was favorable, was amended, on motion of Mr. Bond, as follows:
Amend section 6, by striking out after the word 'liquors" in the second line of said section, the following words: ''After he shall have sold, bartered, or in any way disposed of, for valuable consideration, any of the above liquors, in quantities of one gallon or more." Also, strike out the word ''said" in the sixth line of said section, and insert the word "any," and strike from said sixth line the words, ''or any part thereof"
The report, as amended, was agreed to.
The hill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 29; nayo::, o.

On motion of Mr. Bond, the foregoing bill was ordered to be transmitted to tht> House of Representatives at once.
On motion of Mr. Winn, the bill of the House to incorporate the Chattahoochee Canal Company, defining its. rights, powers and immunities, was recommitted to the Committee on Corporations.

On motion of Mr. Fouche, the bill of the House to exempt toll cotton from seizure and sale, under certain specified circumstances, which was recon~idered this day, was recommitted to the Judiciary Committee.
:VIr. vVinn, chairman of the Committee on Corporations, and Mr. Butt, chairman of the Committee on Railroads and Internai Improvements, submitted reports from their respective committees on matters referred thereto.

On motion of Mr. Parks, the Senate took u1J the recon-

sidered bill of the House to alter and amend the charter

of the Bainbridge, Cuthbert and Columbus Railroad Com-

pany; to change the name of said Company; to increase

the capital stock of said Company, and for other purposes-

therein named.



543:

The report of the Committee on Railroads was, on motion of Mr. Parks, amended by striking from the amendment reported by said committee the words, ''Buena Vista," and the report as amended was agreed to, and the bill having been read the third time was passed, as ?mended, by a constitutional majority of ayes, 26; nays, o.
The Senate took up the report of the Committee on Corporati:ms on the bill of the House to incorporate the Atlanta Home Insurance Company.
Proof of due legal notice was submittej to the Senate.
The Committee on Corporations reported in favor of its passage with an amendment striking out all of section 9 after the word "property," at the end of the second line thereof, which amendment was adopted, and the report of the committee was agreed to.

The bill was read the third time and passed, as amended, by a ~onstitutional majority of ayes, 27 ; nays, o.
The Senate took up the report of the Committee on Finance on a bill of the House to appropriate money to pay bond No. 225 of the State of Georgia, issued under the act of February 27, 1856, now held by the executor of John P. Gettings, and to authorize payment of the same.
The report, which was favorable, was agreed to.

The bill was read the third time and on the question of its passage, the ayes and nays were ordered to be recorded.
Those who voted in the affirmative are, to-wit-Messrs.

Baggs, Baker, Barksdale, Brown, Bond, Butt, Byrd, Curtis, Denmar Duggar, Fouche,
Ayes, 33.

Guerry, Harrell, Hawes, Hicks, Jordan, King, McDaniel, l\Ic Wborter, Meldrim, }Ioseley, Neal,
Na~s, o.

Parks, Pnyn(, Heid, Smith of the 5th, Smith of the 15th, Storey, Suddath, Treadwell, Wilson, Winn,
l\IR. PRESIDENT.

544

JouRNAL OF THE SENATE,

So the bill was passed by a constitutional majority.
The Senate took up the report of the Finance Committee on the House appropriate money to refund double taxes illegally collected by the State of Georgia from the Continental Insurance Company of New York.
The report, which was favorable, was agreed to. The bill was read the third time, and on the question of its passage, the ayes and nays were ordered to be recorded.
Those who voted in the affirmative are, to-wit-Messrs.

Baggs, BBaarkkse~rlale. Brown,
Bond, Butt, l:lyrd,
Cm tis, Denmark.

Duggar,
F"ucbe, Guerrv Harreil',
Hawes, Hicks, Jordan. I\:ing,
l\lcDaniel,

}[~ldriul,
Neal, Parks, Payne, Heid, Smith of the 5th, t\nddath, Treadwell, Winn.

Ayes, 27. Nays, o. So the bill passed by a constitutional majority.
The Senate took up the report of the Committee on Hygiene on the bill of the Senate to provide for the more efficient granting of diplomas by medical colleges.
The report, which was favorable, was agreed to.

The bill was read the third time and passed by a constitutional majority of ayes, 27; nays, 1.

On motion of !\T r. Winn, the foregoing bill was ordered to be transmitted to the House of Representatives at once.
The Senate took up the report of the Committee on Agriculture on the bill of tl.e Senate to amend section 1444 of the Code of 1873, in relation to the inclosures by ditches, etc.
The report, which was favorable, was agreed to.
The bill was read the third time and passed by a constitutional majority, there being ayes, 30.; nays, o.

SEPTEMBER lg, 188 r.

545

The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the Chattahoochee Canal Company, defining its rights, powers and immunities.
Proof was submitted to the Senate of the required legal notice.
Said committee reported in favor of its passage with the following amendment, to-wit:
Amend section 8 by adding at the end thereof the followin()'; " Provided, that the restrictions in this act contained shall not apply to the corporate authorities of the City of Atlanta, or affect any vested rights that may have been acquired under any charter heretofore granted, if indeed, any such rights have been acquired."
The report was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority of ayes, 30 ; nays, o.
The bill of the House to enable the Trustees of the University of Georgia to inaugurate a sy,;tem of free tuition in that institution, was read the first time, and referred to the Committee on Finance.
The bill of the House to amend an act to provide for he regulation of railroad freights and passenger tariffs in this State, etc., approved October 14, 1879, was read the first time, and referred to the Committee on Railroads and Internal Improvements.
The Senate took up the report of the Finance Committee on the bill of the House to appropriate money to refund triple taxes illegally collected by the State of Georg-ia from the Franklin Insurance Company of Philadelphia.
The report, which was favorable, was agreed to. The bill was read the third time, and on the question oi its passage, the ayes and nays were required to be :-ecorded.
35

]OVRNAL OF THE SENATE,

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

Baggs, Baker, Barksdale, Brown, Bond, Butt, Byrd, Curtis, Denmark, Duggar,
Fouc!Je,

Gnerry, Harrell, Hawes, Hicks, Jordan, King,
~lcDaniel,
::lleldrim, Jloseley, :Xeal,
Park~,

Payne, Reid, Smith of t!Je 5th,
Smith of t,he 15th, . Storey.
Suddath, Treadwell, wilson,
Winn.

Ayes, 31. Nays, o. So the bill was passed by a constitutional majority~

The Senate took up the report of the Committee on Finance on the bill of the House to appropriate money to refund double taxes illegally collected by the State from the );iagara Fire Insurance Company of New York.

The report, which was favorable, was agreed to.

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

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

Baggs, BakPr,
Barksdale, Brown,
Bond, Butt,
Bcivmrid~, Denmark,
Duggar, Fouche,

Guerry, Harrell, Hicks,
Jordan, Ki>g, !l-Ie Daniel, J1attox, ::llc\\'horter, ::lleldrim, ::11 oseley,

Neal, Pa1ks, Pa.\ne, Heid,
Smith of the 5th, Smith of the 15th, Storey. TrPad,Yell,
Wilwn, Winn.

Ayes, 31. Nays, o.

So the bill was passed by a constitutional majority.

The Senate took up the report of the Finance Committee on the bill of the House to appropriate money to refund triple taxes illegally collected by the State from the Fire Association of Philadelphia.

The report, which was favorable, was agreed to.

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

SEPTEMBER I 9 I 88 I.

547

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

Baggs, Baker, Barksdale, Boud,
Butt, Byrd. Curtis,
n ..umark.
Duggar, Fonclw,

Guerry. Harrell, Hicks. Jordan, l{ing,
J\lcDaniel, Mattox, McWhorter. Meldrim, J\[oseley.

PPaayruk~s, Heict,
Smith of the 5th. Smith of the 15th,.
Storey, Suddath,
Treadwell, Wilson. Winn.

Ayes, 30. Nays, o.

So the bill was passed by a constitutional majority.

The Sena:e took up the report of the Committee on Finance on the bill of the House to appropriate money to refund double taxes illegally collected by the State from the Manhattan Fire Insurance Company of New York.

The report, which was favorable, was agreed to.

The bill. was read the third time, and on the question of its passage, the ayes anc nays were ordered to be recorded.

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

Baggs, Baker. Barksdale. Bout!. Butt. B1nl C.:iutis, DPnmark, Dugo-ar
Fot!r':'hP:

Guerry, Harrell Hicks, '
Jordan, King. 1\lcDnniel, .\lattox, l\lc \Vborter, Vleldrim,
Moseley,

Neal. PPaarmk~s He.id,'
Smith of the 5th, bmith of the 1iith, Suddat' .
Tr.~adwell,
Wt.son, Winn.

Ayes, 30. Nays, o.

So the bill was passed by a constitutional majority.

The Senate took up the report of the Finance Committee on the bill of the House to appropriate money to refund triple taxes illegally collected by the State from the American Fire Insurance Company of Philadelphia.

The report, which was favorable, was agreed to.

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

JOURNAL OF THE SENATE,

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

Baggs, Baker, Rarkdale, Bond, Butt, Byrd,
'nrti~.
Denmark, Dug!!ar, Fouche,
Ayes, 29.

Guerry, Harrell, Hicks, Jordan, King, 1\-IcDaniel, Me\\ horter. o Meldrim,
1\[u~hy,
Nt-al,
Nays, o.

Parks, Payne, Hcill. Smith of the 5th.
Smith of the 15th,
Suddath, Treadwell, 'ViJ,nn, Winn.

So the bill was passed by a constitutional majority.

The Senate took up the report of the Finance Committee on the bill of the House to appropriate money to refund double taxes illegally collected by the State from the Atlantic Fire Insurance Company of New York.

The report, which was favorable, was agreed to.

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

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

Baggs, Baker, Barksdalt,
Brown, Bond, '
Butt, Bynl, ()urtis,
Denmark,
Dug~ar,

Fouch(',
Guerry. Harreil, Hicks, .Jordan, King, 1IcDaniel, Mattox,
)lcWiwrter,
Meldrim,

Moseley,
Neal. Parks. Payne, Heid, ::;mith ut the 5tlJ,
Smldnth. Trca(h\"cll, \\-i!~on.
Wijm..

Ays, 30. Nays, o.

So the bill was passed by a constitutional majority.

The Senate took up the report of the Finance Committee on the bill of the House to appropriate money to refund double taxes illegally collected by the State from the Lorillard Fire Insurance Company of Xew York.

The report, which was favorable, was agreed to.

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

SEPTEMBER 19, 188 I.

549

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

Ba.~~s,
Baker, Bark8dale,
Brown, Bond, Blllt, Byrd,
Curtis. Do:nmark,
Duggar,

Fouche, Guerry, Harrell, Hicks,
Jordan,
Kine;.
~IcDanid,
Mattox. Meldrim, Moseley,

Neal, Parks,
Payne,
Heid,
Smith of the 5th, Smith nf the 15th,
Treadwell, Wilson, Winn.

Ayes, 29. Xays, o.

So the bill was passed by a constitutional majority.

The Senate took up the report of the Finance Committee on the bill of the House to appropriate money to refund triple taxes illegaily collected by the State from the Pennsylvania Fire Insurance Company.
The report, which was favorable, was agreed to.

The bill was read the ~hird time, and on the question of its passage, the ayes and nays were required to be recorded.

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

Bagg~,
Baker, Barksdale, Brown, Bond, Byrd, Curtis, Denmark, Duggar. Fouche,
Ayes, 30.

Guerry, Harrell Hicks,' Jordan, King, McDaniel, ::llattox, 1\lcWhorter, .Meldrim, Moseley,
Nays, o.

Neal, Parks, Payne, Smith of the 5th,
Smith of the 15th, :;tony,
Suddath, Treadwell, Wilson, Winn.

So the bill was passed by a constitutional majority.
The Senate took up the report of the Committee on Finance on the bill of the House to appropriate money to refund double taxes illegally collected by the State from the German American Insurance Company.
The report, which was favorable, was agreed to.
The bill was read the third time, and on the question of its passage, the ayes and nays were required to be recorded.

550

JOURNAL OF THE SEt\ATE,

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

Baggs, Baker,
Barksdale,
Brown, Bond,
Byrd, Curtis, Denmark,
Duggar, Fouche,

Guerry, Harrell
Hawes:
Hick~.
Jordan, King, .\IcDaniel, .\'lattox,
bicWhortcr, .\Iehlrim,

l\Ioselcy, Pa1ks, Payne, Smith of the 5th, t'mith of the 15th,
Storey,
~Ucl(],,th,
Treadwell, Wilson, Winu .

Ayes, 30. Nays, o.

So the bill was passed by a constitutional majority.

The Senate took up the report of the Committee on Finance on the bill of the House to <~ppropriate money to refund double taxes illegally collected by the State from the Manchester Fire Insurance Company of New York.

The report, which was favorable, was agreed to.

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

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

Baggs, Baker, Barksdale, Brown, Bond, Byrd, .Cmtis, Denmark, Duggar, Fouche,
Ayes, 29.

Guerry, Harrell HickR,' Jordan, KiPg, McDaniel,
Matt~>x,
l\Ic Whorter, Meldrim, Moseley,
Nays, o.

Parks, Pa) ne, Smith of the 5th, Smith of the 15th, Storey, Suddath, Treadwell, Wilson, Winn,
.\IR. PRESIDENT.

So the bill was passed by a constitutional majority.

The Senate took up the n~port of the Financt: Committee on the bill of the House to appropriate money to refund double taxes illegally collected by the State from the Phcenix Insurance Company of Brooklyn, New York.

The report was agret:d to.

SEPTDIBER r 9, I 88 I.

55 I

The bill was read the third time, and on the question of its passage, the ayes and nays were required to be re-corded.
Those who voted in the affirmative are, to-wit-~lessrs.

Baggs, Baker, R1rksdale, Brown, Bond, Butt, Byrd,
Curtis, Denmark,
Duggar, Fouche,

Guerry, llarrdl, HiC'ks, .Jordan,
Kin~,
JHcDauiel. :\! attox, McWhorter,
~[eldrim.
' l o s e ley,'
~cal,

Parks,
Payne, Reid, 8mith of the 5th Smith of the l.)th,
Storey, Suddath, Treadwell,
Wilson, Winn.

Ayes, 32. Nays, o.

So the bill was passed by a constitutional majority.

On motion of Mr. Denmark, the Senate went into executive session, <Jnd having remained some time therein, returned to open sesssion.

The Senate took up the report of the Finance Committee on the bill of the House to appropriate money to refund double taxes illegally collected by the State from the Williamsburg City Fire Insurance Company, of l'\ew York.

The report, which was favorable, was agreed to.

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

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

Baggs, .Baker, Barksdale, Brown, Bond, Byrd, Curtis, Denmark, Duggar, Fouche, Guerry,
Ayes, 3 r.

Harrell,. Hcks, Jordan, King, )'lcDaniel, Mattox, ;\lc Whorter, Meldrim, Moseley, Neal.
Nays, o.

PPaayrnk~s,
llei.l, Smith of the 5th. Smith of the 15th, Storey, Suddath, Treadwell, Wilson. Winn.

552

jOURNAL OF THE SENATE,

So the bill was passed by a constitutional rr.ajority.

The Senate took up the report of the Finance Committee on the bill of the House to appropriate money to refund triple taxes illegally collected by the State from the

Insurance Company of North America, of Philadelphia.

The report, which was favorable, was agreed to.

The bill was read the third time, and on the question of its passage, the ayes and nays were ordered to be recorded.

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

Baggs, Baker, Barksdale, Bond, Byrd, Curtis, Denmark, Duggar, Fouche, Guerry,

Harrell, Hicks, Jordan, King,
~IcDaniel,
M11ttox, McWhorter, Meldrim, Moseley,

Parks, Payne, Reid, Smith of the 5th, Smith of the 15th, l:'torey, Suddath, Treadwell, Wilson.

Ayes, 28. Nays, o.

So the bill was passed by a constitutional majority.

he Senate took up the report of the Finance Committee on the bill of the House to appropriate money to refund double taxes illegally collected by the State from the Girard Fire Insurance Company, of Pennsylvania.

The report, which was favorable, was agreed to.

The bill was read the third time, anci on the question of its passage, the ayes and nays were required to be re-

corded.

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

Baggs, Baker, Barksdale Bond, '
Butt. Byrd,
Curtis, Denr11ark, Duggar,
Fou~he,

Guerry, Harrell,
Hi~k~,
Jordan,
ning,
l\1 cDaniel, ".'\[attox, ;\lc Whorter, Melddm, :Vloselcy,

Neal, Parl.s, Payne, Kt>id, ~ruith of the :)th, 1-\mith of the 1:3th,_
8uddath, Treadwell Wilson, ' Wino.

Ayes, 30. Nays, o.

SEPTE:.\lBER 20, I 88 [.

553-

So the bill was passed by a constitutional majority.
The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the Logansville Railroad Company, extending from the town of Lawrenceville, in Gwinnett county, to Logansville, in the county of 'vValton, in said State, and for other purposes therewith connt cted.
The report, which was favorable, was agreed to.
The bill was read the third time and passed by a consti tutional majority of ayes, 26; miys, o.
The Senate took up the report of the Judiciary Committee on the bill of the House to fix the times for holding the Superior Court for the county of Mitchell, and provide for two weeks for each term instead of one, as now provided.
The report, which was favorable, was agreed to.
The bi:l was read the third time and passed by a constitutional majority, there being ayes, 26; nays, o.

The Senate took up the report of the Finance Committee on the bill of the House to compensate the County Board of Roads and Revenues in the county of Taliaferro. for services rendered.

The report, which was favorable, was agreed to.

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

The Senate adjourned, on motion, until 9 o'clock A. :.\1., to-morrow.

SENATE CHAMBER..\TL\NTA, GA.,
Tuesday, September 20, 1881, 9 o'clock A. M. The Senate met pursuant to adjournment, the President in the chair.

)54

JouRNAL oF THE SENATE.

Prayer was offered by the Rev. Mr. Robinson, of the ,county of Fulton.

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

Baggs,
"Balier,
Barksdale.
Brown, Bond, Butt,
Byrd,
-curti~.
Daniel, Denmark. Duggar,
Fouche, Guerry,

Harris,
Harrell, Hawes,
Hacke1t, l!i1 ks. Jordan, King,
McDaniel, :llattox, 1\fc Whorter, Meldrim, :11oseley,
Neal,

Parks, Payne, Reid, Smi1h of the 5th, Smith of the 15th, Smith of the 28d,
l-lton~y.
Suddath, Treadwell, Wilsrm, Wiuo,
)fH PRKSIDKXT.

On motion of Mr. Guerry, the reading of the Journal of yesterday was deferred until to-morrow morning.

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.
On motion of Mr. McWhorter, the message of his Excellency, the Governor, was taken up and read. It is .as follows, to-wit:

ExECUTIVE DEPARTMENT,
ATLANTA, GA., September 20, 1881.

To the Gmeral Assembly :

An inscrutable but all-wise Providence has removed from this life the honored Chief Magistrate of the Republic. While receiving the blow with bowed heads and with humble submission to the will of Him who inflicts it, it is becoming that the people of Georgia, in their organized capacity, should signify their participation in the grief that to day oppresses the millions of this land.

SEPTDIBER 20, rSSI.

555

I beg to express my willingness to co operate with the General Assembly in any o"servance they may deem appropriate to the melancholy occasifm.

(Signed)

ALFRED H CoLQUITT, Go<emor.

:\1r. McDaniel offered the following joint resolution, which was taken up, read, and unanimously agreed to, to-wit:
Rrsolved by tlze Smale and House of Represmtati<es, That in view of the announcement by hi~ Excellency, the GO\-ernor, of the death of the Pre,ident of the United States, the Senate and House of Representatives will convene in General Assembly, at 10 o'clock A. ~1., to express the grief -of the people of Georgia for this national calamity.
That the Governor, Senators and Representatives in Con:gress, the J usti:::es of the Supreme Court, and the Judges of the United States Courts, and of the Courts of this State, and the Mayor and authorities of the City of Atlan ta, and citizens generally, be invited to join in this expression of grief and sympathy.
That, upon the conclusion of the exercises, and when the joint session is dissolved, the Senate and House of Representatives will stand adjourned until to-morrow morning at 9 o'clock.

The Secretary was instructed to communicate the foregoing resolution to the House without delay.

On motion of Mr. Guerry, th'! Senate took a recess for twenty minutes, at the expiration of which time the President called the body to order.

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

Mr. Presz'dent:
The House of Representatives has concurred in the resolution of the Senate providing for the assembling of the General Assembly to express the grief of the people of

JouNNAL OF THE SEXATi
Georgia at the death of the President; and I am directed to transmit the same forth with to the Senate.
At the honr of 10 o'clock A. M., the Pre~ident announced that the time had arrivtd for the meeting of the General Assembly.
The Senate proceeded in a body to the Representative Hall, and having been received therein by the House of Repre~entatives. the President of the Senate took the chair, and called the General Assembly to order.
The Clerk, under direction of the Chair, read the joint resolution under which the Houses were convened in joint session.
Mr. McDaniel, Senator from the Twenty-Seventh Disstrict, offered th following resolution, which was rc:ad and agreed to:
Resolved, That a committee be appointed by the President of the Senate, consisting of the Governor, as chair man ; Senator Joseph E. Brown, Chief Justice James Jackson, and seven from the Senate and fifteen from the House of Representatives, to report suitable resolutions on thisoccasion, at 12 o'clock M.
The committee on the part of the Senate consists of Messrs. McDaniel, Hackett, Baker, Meldrim, Hyrd, Brown and Jordan.
The committee on the part of the House of Representatives consists of Messrs. Twiggs, Barrow, Milner, Hammond, Janes, Maddox, Rice, Basinger, Adderton, Gray, Rankin, Wright, DuBignon, Roney, and Dupree of Macon_
At 12 o'clock M., the committee appointed to prepare and report resolutions suitable to the occasion, appeared in the hall, and through their chairman, Governor A. H. Colquitt, presented the fo.luwing preamble and resolutions,
VIZ:
WHElmAs, The protracted and painful solicitude of the people of Georgia, felt universally and without exception~

SEPTEMBER 20, 188 I.

557

for the sufferir.g and critical condition of our late President, has, at last, been ended by his death, the representatives of that people deem it meet and proper that \heir horror over this sad event, and their deep-felt sympathy should have expression through us, and in as solemn form as the joint action of this General Assembly can make, we, therefore, for ourselves an<! in behalf of the people of Georgia, again express our horror and inrlignation at the awful sin of the President's assassination, and feel that while the memory of this historic crime survives, the people of the United States will never cease to recall it with abhorrence. We feel that no more appropriate time than this will ever prese.nt itself to the people of this Union for self examination-for wise forecast, and provident safeguards.
The peace and honor of this great Government demand that its best and surest defenses should be found in the <:are and guardianship of the people for whom it was created, and for whom it exists. We can but feel assured that when it is assailed ot; even disregarded by those whose inheritance it is, whose pride and glory it should be, that its days are numbered, and that those who value peace and safety more highly than forms of government will be ready to surrender the m Jst revered of our traditions rather than the more vital aims and objects of human existence and society. Over the open grave of our lamented President-cut off by a murderous hand in the prime of life and usefulness, we should not spare a just and searching self-examination of the offer pf earnest heartfelt coOperation, with all the good among our fellow citizens in every quarter of our broad land, in restoring our beloved -country to its highest purity, dignity and tranquility.
The General Assembly of Georgia, joining with the Executive and Judicial Departments of the State in profoundest sorrow at the decease of James A. Garfield, late our President, do resolve :
I. That we deplore his ultimely death as a national

sss

JocRNAL OF THE SEKATE,

calamity, and feel most profoundly the dis1!race which his assassination fixes upon the good name of th,, people of these States, who should, to the last man, have felt that the President's safety and life was a sacred charge upon every citizen.
2. That the people of Georgia h~reby extend to the bereaved household-the heroic wife-the orphaned children-the stricken mother of our late President, our deepest sympathy and most eetrnest condolence.

3 Tha.t we request the Governor to have the capitol drap~d in mourning.

4 That we request his Excellency to transmit the action of this General Assembly to the President of the United States, to the members of the Cabinet, to the Governors of the several States of the Union, and to the family of the late President.
Appropriate addresses were delivered by his Excellency, Alfred H. Colquitt; Mr. McDaniel, of the Senate; Mr. Twiggs of the House of Representatives; Hon. Joseph E. Brown, United States Senator; and the Hon. James Jackson, Chief Justice of the Supreme Court of Georgia.
Mr. }[cDaniel moved the adoption of the resolutions presented by the committee, and the motion was seconded by :\'lr. Twiggs.
The resolutions were unanimously adopted by a rising vote.

The General Assembly was dissolved on motion.
The Senate stood adjourned by virtue of the resolution of this day, until 9 o'clock A. M., to morrow.

SEPTEMBER 21, r88r.

559'

SENATE CHAMBER, ATLAXTA, GA., vVednesday, September 21, r88r, 9 o'clock A. l\1.

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

Pr.:~yer was offered by Rev. Mr. Robinson, of the county of Fulton.

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

Baggs, Baker, Barksdale, Brown Bond,'
Butt,
Byrd, Curtis, Denmark, Duggar, Fouche, Gorman, Guerry, Harris,

Harrell, Hawes, Hackett, Hicks,
Jordan, Johnson, King,
:McDaniel, J\Iattox, l\lc Whortcr, Meldrim,
1\loseley, Neal, Parks,

Payne, R.-id, Smith, of the 5th, Smith of the 15th, Smith of the 2:ld, Storey, Suddath, Tread .vel!, \Vestbrook, \Vil>on, winn,
Woodward,
lUR. PRESIDEXT.

The J ourna\ was read and approved; also, the Journal of the 19th inst.

The following message was received from his Excellency, the Governor, through Mr. A very, his Secretary :

Mr. President: The Governor desires me to transmit to the Senate a
sealed message, which he respectfully asks your honorable body to consider in Executive session.

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

ilfr. Speaker:
The House of Representatives has passed the following bills, .to-wit:
A bill for the payment of Benjamin F. Culp, and John B. Birch for the reward offered for the arrest of Charles F. Kelly ; also,

s6o

JOURNAL OF THE SENATE,

A bill to amend an act entitled an act relating to fences and stock, and for the protect:on of crops, and for other purposes; also,
A bill to incorporate the town of Millen ; also,
A bill to incorporate the town of Grovetown, in the county of Columbia, a;ld for other purposes; also,
A bill to incorporate the Covington and North Georgia Railroad Company, and for other purposes ; also,

A bill to prevent the spread of diseases among animals, known as glanders, or farcy, or other contagious diseases of animals known to be dangerous to human life; also,
A bill to amend an act entitled an act to provide for the payment of certain insolvent criminal costs in the Northern Judicial Circuit, and for other purposes ; also,
A bill to carry into effect and operation paragraph 6, section 4, article 5 of the Constitution of Georgia; also,
An act to provide for compensation of the Sheriff of Supreme Court of this State ln pauper cases; also,
A bill to amend an act to be entitled an act to incorporate the town of Summerville, in the county of Chattooga, and for other purposes; also,

A bill to authorize the crossing by bridge, or track of the outlet of the Savannah and Ogecchee Canal below the lower lock in the City of Savannah, and for other purposes; also,
A bill to incorporate the Georgia Southern and Florida Rai road Company, and for other purposes; i!lso,
A bill to amend section 4505 of the Code of Georgia, which requires Justice~ of the Peace and Notaries Public to keep and exhibit to the grand juries, dockets of the ca!'es tried by them; also,
A bill for the better protection of auditors in cases of voluntary assignments by iusolvent debtors; also,

SEPTE~IBER 21, 188r.

561

A bill to prohibit the distillation of any grain in the State '()f Georgia for twelve months, and for other purposes.
A biil to appropriate $1, sao for the purchase of books
for the State Library, and prescribe the manner of ex pending the same, and for other purposes; also,
A bill to repeal an act entitled an act to create a Board of Commissioners of Roads and Revenues in the county of Madison, approved August 27, 1872, and an act amendatory thereof, approved .March 3, 1875; also,
A bill to encourage the building of the Marietta and North Georgia Railroad, and for other purposes; also,
A hill to make all persons, corporations and companies selling fertilizers, manures, and other articles usually sold to farmers and other persons, to warrant the same to be merchantable and reasonably suited to the use or purposes intended, an for other purposes ; also,
A bill to prescribe the manner and mode of making returns by insurance companies to the Comptroller General of this State, and for other purposes; also,
A bill to require the chai1 man of the House Committee on Finance to keep a register of certain bills, and for other purposes; also,

A bill to change the fiscal year, and provide when official rep?rts shall be made, and for other purposes; also,
A bill to incorporate the Elberton and Point Peter Railroad Company ; alsn,
A bill to incorporate the town of Alapaha, in the county of Berrien, and for other purposes ; also,
A bill to amend section 1427 of the Code of Gccrgia; also,
A bill to require Ordinaries to register the names ot persons for whom they shall issue marriage license, and for other purposes; also,
36

JocRNAL OF THI SENATE,
A bill to incorporate the Monticello and TransOcmulgee Railroad Company, and for other purposes; also,
A bill to authorize the trustees of the State University to accept as a branch of the said University a College of Agriculture and Mechanic Arts and Science, to be established at Hamilton, in this State, and for other purposes;. also,
A bill to authorize proceedings in equity in certain cases of insolvency, and for other purposes; also,
A bill to alter and amend section 4368 of the Revised Code of Georgia, approved February 28, 1876; also,
A bill to amend an act to alter and amend an act en titled an act amendatory of an act entitled an act to incorporate the Baptist Convention of the State of Georgia, and for other purposes; also,
A bill to regulate and fix the time of holding elections. by the General Assembly, and for other purposes; also,
The House of Representatives has also agreed to the following resolution, to-wit:
A rewlution in reference to paying certain coupons of bonds of the Macon and Brunswick Railroad.
The House of Representatives has also concurred in the Senate amendments to the following House bills, to-wit:
A bill to incorporate the Covington and South river Railroad Company, and for other purposes; also,
A bill to regulate the sale of spirituous liquors in the county of Gwinnett.
By resolution of Mr. Byrd, the Hon. A. P. Butler, Commissioner of Agriculture for the State of South Carolina~ and Hon. B. F. Crayton, President of the Agricultural Society of South Carolina, were invited to seats in the Senate Chamber during their stay in this city.

SEPTEMBER 21, 1881.
By resolution of Mr. Gorman, the Hon. J. C. Maund,
was invited to a seat in the Senate Chamber during his stay in this city.
The Senate, on motion of Mr. McWhorter, receded from its amendment to the bill of the House to prevent the purchase or sale, or receipt or delivery of any seed cotton between thP. hours of sunset and sunrise.
The following Senate resolutions were taken up, read, and on motion, indeFnitely postponed, to wit:
A ref;o\ution instructing the Finance Committee to enquire into the advisability of remitting a portion of the tax oi 1881.
A resolution in relation to mileage for the extra session ; and
A resolution requesting the Finance Committee to en quire and report upon the advisability of suspending the collection of a part or the -whole of the taxes of I 88 1.
Mr. McDaniel, chairman of the Committee on the Judiciary; :.\'Ir. Fouche, chairman of the Committee on Finance ; Mr. Byrd, chairman of the Committee on Agriculture, and :VIr. Butt, ch::lirman of the Committee on Railroads, made reports for their respective committees.
The following bills of the Senate were withdrawn by the movers, with consent of the Senate, to wit:
A bill to repeal the act establishing State Depositories in this State ; and
A bill to submit an act to regulate and restrict the rate of interest in this State, to the legal voters thereof, etc.
The bill of the House to exempt toll cotton from seizure and sale under certain circumstances, which was reconsidered and recommitted, was taken up and read the second time.
The following bill of the Senate was read the second time and passed to a third reading, to-wit:

JouRxAL OF THE SENATE,
A bill for the relief of the people 9f Georgia. and to remit fifty per cent. of the general State tax of the year 188 1, and for other purposes.
The following bills of the House were read the second time and passed to a third reading, to-wit:
A hill to protect the farming interests of Monroe county,
Georgi;~.
A bill to enlarge the powers of county authorities in this State as to the levying taxes for pauper purposes.
A bill to make permanent the income of the University of Georgia, and for other purposes.
~\ bill to authorize municipal authority in this State to pr:);:~e for the forfeiture and collection of appearance
bone~. -~c.
A bill tv change the time of holding the Superior Courts for the county of Clayton.
A bill to levy and collect a tax from dealers in iron safes doing business in this State.
A bill to provide tor the appointment of county police or patrol for Richmond county, outside the City of Augusta.
A bill to amend an act to provide for the regulation of railroad freights a1~::: passen~er tariff<>, etc.
A bill to regulat: the practice in equity causes referred to Masters in Ck.r..ccry, and to prescrjbe the mode of trial of exccptic:: filed to the reports of Masters in Chancery, and for :;ther purposes; and
A bill to incorporate the Elberton and Petersburg Railroad Company.
The bill of the Senate to organize a Criminal Court for the several counties of the State of Georgia, and to prescribe the powers and- duties thereof, and for other purposes, which was taken up for a third reading, was read the third time, and on motion of Mr. Bond, \\as recommitted to the Committee on the Judiciary.

SJ<.PTEMBER 21, r88r.

s6s

The bill of the House to incorporate the Red Line Steamboat Company, and for other purposes, was taken from the table on motion of Mr. Fouche, and recommitted to the Committee on Corporations.

The Senate took up the report of the Committee on Education on the bill of the Senate to amend section 19 of the Public School laws of Georgia.

The report, which was favorable, was agreed to.

The bill was read the third time, and passed by a constitutional majority of ayes, 23 ; nays, o.

The Senate took up the report of the Judiciary Committee on the reconsidered bill of the Hou'>e to provide for the keeping of a record in each county of this State, of the wild lands lying and being therein; and to regulate the manner of giving in wild lands for taxation in this State.
Said committee report~d in favor of its passage, with certain amendments.

The report of the commitee was amended, on motion ot Mr Parks, as follows: Amend section 2 by adding after the word "Ordinary," in the ninth and eleventh lines of said section, the following words, to-wit: ''Or Tax Receiver."

The rep)rt, as amended, was agreed to.

The bill was read the third time, and on the question of it" passage, as amended, the ayes and nays were, by Mr. Mc\Vhorter, required to be recorded.

Those who voted in the affirmative are, to-wit-!\Tessrs.

BBna,~~ng{R.
.tiond. DPnmark, Dngga1.
(~Uerry,
HarriR, 1larrell.

Ha\Yes, Hackett, llitk>.
.Jord:~tl.
.Johnson.
Kn~.
;\leldrim; Parks,

Smith of the 5th, Snith of the 15th, Smith of the 23d, Storey,
~nddath,
\V< stu rook Wilson. \Y OOlll\ anl

566

j OURKAL OF THE SENATE,

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

Baker. Barksdale, Butt, Byrd, Curtis,

Fouche, Gorman,
:11' Dauiel, Mattox, ~Ic W l w r t e r ,

~{o,dey,
Payne, Reid,
W'1111L

Ayers, 24. Nays, 14.

So the bill was passed by a constitutional majcrity.

The Senate took up the report of the Committee on Railroads on the bill of the House to inc<;>rporate the Rome Southern Railroad Company, and to authorize said company to build aud operate its road from the City of Rome, Georgia, southward to the Florida line, in the direction of St. Marks, Fll)rida, with branches to Atlanta, Macon, Columbus and Brunswick, Georgia, and to authorize said Company to consolidate it,; road with any other railroad chartered by this State, the State of Tennessee, or the State of Florida, so a" to make a continuous line of railroad from Chattanooga, Tennessee, to St. Marks, Florida; and to grant certain powers and privileges to the same, and for other purposes therein named.

The committee reported in favor of its pas::agc, with certain amendments, which were adopted,
The report was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority of ayes, 28 ; nays, o. Proof of due legal notice was submitted to the Senate. The bill was ordered to be transmitted to the House at once.
The Senate took up the report of the Committee on Railroads on the bill of the House to incorporate the Cedartown Railroad Company, and for other purposes.
The report, which was favorable, was agreed to.
The bill was read the third time and passed by a constitutional majority, there being ayes, 32; nays, o.

SEPTBIBER 2 I, 188 I.
The Senate took up the report of the Committee on Corporations on the bill of the House to amend the charter of the town of Hampton, empowering the corporate authorities thereof to levy and collect a tax on real and personal property within the corporate limits of said town, aud to define the authority thus given, and for other purposes.
Proof of due legal notice was submitted to the Senate. The report, which was favorable, was agreed t0.
The bill was read the third time and passed by a consti tutional majority of ayes, 27; nays, o.
The Senate took up the report of the Committee on Hygiene on the bill of the House to regulate the practise of medicine in the State of Georgia.
The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority, there teing ayes, 28; nays, o.
The Senate took up the report of the Judiciary Committee on the bill of the House to establish a City Court in the county of Richmond ; to provide fer the appointmf>nt of a Judge and Solicitor thereof, and to define their powers and duties.
Proof of due legal notice was submitted to the Senate. The report, which was favorable, 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 the rt:port of the Judiciary Committee on the bill of the House to prohibit the sale of intoxicating drinks of either malt or spirituous liquors, in any quantity whatsoever, within two miles of any ch~rch in the corporate limits of the city of Forsyth, Ga , either as a beverage or a medicine, except on a bona fide pr::scription of a physician regularly en~aged in the practice of medicine; to provide a punishment for the same, and for other purposes.

JOUHNAL OF THE SENATE,
The report of the committee, which was favorable to. the passage of the bill, was amended, on motion of Mr. Baker, by providing for submitting the provisions of the bill to a vote of the qualified voters of said city, a majority of whom shall determine whether they shall or shall not become operative.
The report, as amended, was agreed to.
The bill was read the third time and passed, as amended. by a constitutional majority, there being ayes, 34; nays, o.
The Senate took up the report of the Judiciary Committee on the bill of the Hcuse to prohibit the sale of intoxi eating l-iquors of all kinds within the limits of the county of Burke, State of Georgia, except fot medicinal and sacramental purposes, and providing appropriate remedies and penalties for the evasion and violation of the same.
The report, which was favorable, was amended as follows, on motion of Mr. Brown :
Amend by striking out the clause requiring voters to vote only in their militia districts, and allowing voters to vote as for members of the General Assembly.
Amend further by striking out the first Tuesday in November, the day set apart for the election, and substitute January, 188z, for November, 1881.
The report, as amended, was agreed to.
The bill was read a third time and passed, as amended,. by a constitutional majority of ayes, 26; nays, o.
Proof of due legal notice was submitted to the Senate.
The Senate took up the report of the Judiciary Committee on the bill of the House to abolish the County Court of Richmond county, and for other purposes.
Proof of legal notice was submitted to the Senate The report, which was favorable, was agreed to The bill was read the third time, and passed by a constitutional majority, there being ayes, 30; nays, o.

SEPTEMBER 21, I88I.
The Senate took up the report of the Committee on the Judiciary on the bill of the House to amend an act to regulate the manner of letting out contracts to build or repair public buildings, bridges, causeways or other public works in the several counties in this State, and for other purposes, approved Se1-tember 29, 1879, so as to exempt Floyd county from the provisions of said act.
Proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bi~l was read the third time and passed by a constitutional majority of ayes, 30 ; nays, o. The bill of the House to abolish the County Court of Troup county, was laid on the table for the present. The Senate took up the report of the Committee on Corporations on the bill of the House to i1 corporate the Rome Canal and \Vater Company. Satisfactory proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to.
The bill was read the third time and passed by a constituticmal majority, there being ayes, 28; nays, o.
The Senate took up the report of the Committee on theJudiciary on the bill of the House to require the Judge of the Superior Court for the county of Jackson, to have published in advance of the opening of the regular terms thereof, the order in which he will take up the dockets of said Court, and for other purposes.
The report, which was favorable, was agreed to.
The bill was read the third time and passed by a con stitutional majority of ayes, 27; nays, o_
The Senate took up the report of the majority of the Judiciary Committee on the bill of the House to regulate, practise in the Supreme Court of Georgia.
The report, which was favorable, was agreed to.

570

JouRNAL OF THE SENATE,

The bill was read the third time and passed by a constitu tiona! majority of ayes, 26; nays, I.
The Senate took up the report of the Committee on Corporations on the bill of the House incorporating the Kingston, Walesca and Gainesville Railroad Company, and for other purposes.
Proof of due legal notice was submitted to the Senate. The report, which was favorable, was agreed to.
The bill was read the third time and passed by a constitutional majority of ayes, 32 ; nays. o.
The Senate took up the report of the Committee on Finance, on the bill of the House to authorize the town council of the town of Reynolds, in Taylor county to issue and sell bonds not exceeding $ r ,500 in the aggregate amount for the purpose of building a school house or academy, etc.
Proof of due legal notice was submitted to the Sen<:.te.
The report, which was favorable, was agreed to.
The bill was read the third time and passed by a constitutional majority, there being ayes, 27; nays, o.
The Senate took up the report of the Judiciary Committee on the bill of the House to exempt Floyd county from the provisions of section 67 r of the Revised Cede of Georgia. of r873, which requires contractors for a public bridge, ferry, turnpike or causeway to give a bond to keep the same in repair for sevc:n years.
Proof of due legal notice was submitted to the Senate.
The report, which was favorable, was agreed to.
The bill was read the third time and p:tssed by a constitutional majority of ayes, 32; nays, o.
The Senate took up the rep0rt of the Judiciary Committee on the bill of the House to authorize and empower the Mayor and Aldermen of the City of Savannah to tax the property of the Savannah, Florida and Western Railtway Company within the jurisdictional limits of said city.

SEPTE~IBER 2 I' I 88 I.

571

Said committee repol'ted in favor of its passage, with cer1:ain amendments, which were adopted.
The report was agreed to.
The bill was read the third time and passed, ~s amended, by a constitutional majority, there being ayes, 30; nays, o.
The Senate took up the report of the Committee on Corporation~ on the bill of the House to repeal an act to incorporate Vienna. in the county of Dooly, etc . assented to D..:cem ber 2 2, Ii~ 57, and tn re incorporate said town and provide a government for the s1me, and to clefine its poiver,; and liabilities, and for other purposes.
Proof of leg1l notice was submitted to the Senate.
The 1epnrt, which \\'as Ltvorable, and agreed to.
The bill was read the third time and passed by a constitutional majority, there being ayes, 3 1; nays, o.
The Senate took up the report of the Judiciary Commit tee on bill of the House to amend an act to create a Board ?f Commissioners of Roads and Revenues for the county -of Fulton, and to define their powers and duties, and for other purposes, approved Decfmber 3, r88o, and to confer .additional powers on said Board of Commissioners.
Proof of due leg;:ll notice was submitted to the s~nate.
The report, which was favorable, was agreed to.
The bill was read the third time and passed by a constitutional majority, there being ayes, 29.; nays, o.
The Senate took up the report of the Committee on the Judiciary on the bill of the House to amend section 1 ~62 -of the Code of Georgia in reference to the inspection of grain.
The said committee reported in favor of the passage of this bill with amendments, which were adopted.
The report was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority of ayes, 27; nays, o.

0

572

JouRNAL OF THE Si<.NATE,

The Senate took up the report of the Judiciary Committee on the bill of the House to order an election to determine whether the sale of intoxicating liquors, malt drinks. or intoxicating spirits of any kind, shall be prohibited in the county of Worth, State of Georgia.
Proof of due legal notice Wds submitted to the Senate. The report, which was favorable, 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 on Hygiene on the bill of the House to establish a Board of Pharmaceutic Examiners, and to prescribe the powers and duties of said board, and to regulate the compounding and vending of medicines, drugs and poisons in the State of Georgia, and to provide a penalty for an infringement of the provisions of this act.'

The report, which was favorable, was agreed to.
The bill was read the third time and passed by a constitutional majority, there being ayes, 36; nays, o.
The Senate took up the report of the Committee on Railroads on the bill of the Senate to incorporate the Greenville and White Su phur Springs Railroad Coro.pany, and for other purposes therewith connected relating to the f, rmation, organization, construction and oper0.ting said f)ad.
Proof of due legal notice was submitted to the Senate
The report, which was favorable, was agreed to. The bill was read the third time and pa~~ed by a con stitutional majo.rity, there being ayes, 29; nays, o.
The Senate took up th"' report of the Committee on Corporations on the bill to amend an act incorporating the town of Talbotton, so as to authorize the City Council of said town to create fire limits as regards the entire 1-vood buildings upon the blocks surrounding the public square.

SEPTEMBER 21' t8S I.

573

Proof of due legal notice was submitted to the Senate.
The report, which was favorable, was agreed to.
The bill wa~ read the third time and passed by a constitutional majority, there being ayes, 29; nays, o.
The Senate took up the report of the Judiciary Committee on the bill of the House to repeal an act to alter and amend the Road Laws of this State so far as relates to the county of .DeKalb, etc., approved the 25th day of September, 1879.
Proof of due legal notice was submitted to the Senate. The report, which was favorable, 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 on Corporations on the bill of the House to amend an act incorpoting the Gate City Street Railroad Company, approved September 26, 1879. The following proof of notice of intention to apply for the passage of this bill was presented to the Senate, and ordered to be spread in full on the journals, to-wit :

GEORGIA, FuLTON Cour-TY- ORDINARY's OFFICE, July 8th, 188r.

I, W. L. Calhnun, Ordinary of said County, do certify that the following title of a bill to be introduced into the General Assembly of said State, to-wit: A bill to be entitled an act to amend an act to incorporate the Gate City Street Railroad Company, and for other purposes, was posted at the door of the Court House in said county, as required by law, on the 8th day of June, 1881.

Witness my official signature and seal of office, the

day and year aforesaid.

O~FICIAL}
{ SEAL.

(Signed,)

w. L. CALHOUN,
Ordi11ary.

574

JOURNAL Of' THE SE:'iiATE,

The following notice was published in the Atlanta Constitution on the 8th d:ty of June, 188 1 :

Notice is hereby given that at the July session, 1881, of

the Legislature, the Gate City Street Railroad Company

will introduce a bill to amend its charter.

(Signed,)

M. B. WEED,

jOHN STEPHENS,
L. DEGIVE, A. M. RJ:IxH.'\RDT,

ct al.

The report, which was favorable, was agreed to.

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

The following bills of the House were read the first time and referred to the Committee on the Judiciary, tOWit :

A bill to provide compeno::ation for the Sheriff of the Supreme Court of this State in pauper cases.

A bill to make all persons, corporations and c.1mrunies, selling fertilizers, etc., to warrant the same to be merchantable, etc.

A bill to prevent the spread of the disease~ among animals, known as glanders, or farcy, and other contagious diseases of animals known to be dangerous to human life.

A bill to amend a:1 act entitleJ an .LCt tJ provide for the payment of certain insolvent criminal costs in the Northern Judicial Circuit, and for other purposes, as relates to the county of Hancock,

A bill to incorponte the town of Groveton, in the county of Columbia.
A bill to carry into eff<:!ct and operation paragraph 6, of section 4. article 5, of the Constitution of Georgia with reference to appeals.
A bill to amend section 4505 of the Code of Georgia.

SEPTEMBER 21, 1881.

575

A bill to authorize proceedings in equity in certain cases of insolvency, and lor other purposes.

A bill to prohibit the distillation of any grain in the State of Georgia for twelve months, and to provide a pun ishment therefor.
A bill for the better protection of creditors in cases of volunt~ry assignments by insolvent debtors.

A bill to regulate and fix the time of holding elections by the General Assembly.
A bill to repeal an act creating a Board of r:ommissi~n ers of Roads and Revenues of the county of :\Tadison, approved August 27, 1872, and for other purposes.
A bill to require Ordinaries to register the names of persons for whom they shall issue marriage license, and to require Judges, Justices and Ministers of th'e Gospel, to return the same, and for other purposes.

A bill to amend section 1427 of the Code of Georgia; and
A bill to alter and amend section 4368 of the Revised Code of Georgi1, and an act approved February 28, 1876, amendatory thereof.

The folb,ving bills of th~ H)u5~ wac re1d the first time and referred to the Com nittee o:1 Corporations, to-wit:
A bill to incorporate the town of Miller.

A bill to incorporate the Covingtoa and North Georgia Railroad Company, etc.
A bill amendatory of the acts incorporating the Baptist Convention of this State, so far as to place the government of the village of Penfield in the hands of Commissioners, and for other purposes.
A bill to amend an act to incorporate the town of Summerville, Chattooga county, Georgia.
A bill to authorize the crossihg by bridge or track of the

576

JouRNAL OF THE SENATE,

-outlet of the Savannah and Ogeechee cnal below the lower lock in the City of Savannah, etc.; and
A bill to incorporate the town of Alapaha, in Berrien county.
The Senate, on motion, went into executive session, .and having remained some time therein, returned to open
SeSSIOn.
The following bills of the House were read the first time and referred to the Committee on Railroads, towit.:
A bill to incorporate the Monticello and Trans-Ocmulgee Railroad Company; to confer certain privileges on -the same, and for other purposes.
A bill to incorporate the Georgia Southern and Florida Railroad Company, and for other purposes; and
A bill to incorporate the Elberton and Point Peter Railroad Company.
The bill of the House to authorize the Trustees of the State University to accept as a branch of sad university a College of Agriculture and Mechanic Arts and Science<;, to be established at Hamilton, in this State, etc., was read the first time, and referred to the Committee on Edueation.

The bill of the House to amend an act in relation to fences and stock, etc., so as to make the !"ame apply to .any portion of ::J.ny county which is divided by a water course, etc., was read the first time. and referred to the Committee on Agriculture.

The following bills of the House were read the first time, and referred to the Committee on Finance, to-wit:

A bill to provide for paying Benjamin F. Culp and John B. Burch the reward offered for the arrest of Charles F. Kelley.

A bill to require the chairman of the House Committee

on Finance to keep .a register of certain bills, and for otncr

purposes.



SEPTE~IBER 2 I' I 88 I.

577

A bill to encourage the building of the Marietta and North Georgia Railroad Company by changing the char acter of the State's security for the payment of the loan of the net proceeds of the convict labor heretofore advanced, and to be advanced, to said railroad company.

A bill to appropriate $I, soo for the purchase of books for the State library.

A bill to prescribe the manner and mode of making returns by insurance companies to the Comptroller-General of this State, and for other purposes.

A bill to change the fiscal year, and to provide when .-official reports shall be made, and for other purposes; and
A resolution in reference to paying certain coupons of bonds of the Macon and Brunswick Railroad.
By resolution of Mr. Payne, the Hon. A. vV. Holcomb,
ex-Senator of the - - District, was invited to a seat in the Senate duting his stay in this city.

The hour of adjournment arrived, and the Senate adjourned, under resolution, until 4 o'clock P. M.

FOUl< o'CLOCK P. M.
The Senate met pursuant to adj'1urnment, the President in the chair.
The Senate took up the report of the Committet.: on Corporations on the bill of the House to amend an act to incorporate the town of Camilla, assented to December 14, I8)8, so as to authorize councilmen of said town to pass all laws and ordinances for the purpose of protecting said town against damage by fire, as they may deem necessary, and to declare any portion of said town fire districts.
Proof of due legal notice was submitted to the Senate. The report, which was favorable, was agreed to.
37

]oVRXAL OF THE SEXATE,
The bill was read the third time and passed, by a con stitutional majority, there being ayes, 30; nays, o.
The Senate took up the report of the Committee on Railroads on the bill of the House to incorporate the Brunswick and Flint River Railroad Company.
Proof of due legal notice of intention to apply for the passage of this bill was submitterl to the Senate.
The report, which was favorable, was agreed to.
The bill was read the third time and passed by a con stitutional majority of ayes, 3 I ; nays, o.
The Senate took up the report of the Committee on the ] ucliciary on the bill of the House to prohibit the sale or furnishing of spirituous, malt or intoxicating liquors within three miles of Davisboro Baptist Church, located near No. I 2, C. R. R., in the county of \Vashington, in this State, and for other purposes.
0
Proof of due legal notice of intention to apply for the passage of this bill was submitted to the Senate.
The bill was read the third time and passed by a constitutional majority of ayes, 3 I ; nays, o.
The Senate took up the report of the Committee on Finance on the bill of the House for the relief of the bondsmen on the bond given by the Stonewall Rifles frJr arms furnished by the State of Georgia.
Proof of due legal notice was submitted to the Senate.
The report, which was favorable, was agreed to.
The bill was read the third time and passed by a constiutional majority, there being ayes, 32; nays, o.
The Senate took up the report of the Judiciary Com mittee on the bill of the House to compel Clerks of the Superior Courts to deliver up ballots in their possession and control to the person who presides at the taking of testimony in contested election cases, so as to secure a

SEPTE)IBEI:< 2 J' I 88 I.

579

compliance with the law, as set forth in section I 33 I of the Code of IS73.

The report, which was favorable, 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 the report of the Committee on Corporations on the bill of the House to amend an act to incorporate the town of Tennille, in the county of \V ashington, and to appoint Commissioners for the same; to define the corporate limits of s;1id town, and to confer certain powers upon the officers of said corporation.

Satisfactory proof of legal notice was submitted to the Senate.
The report, which was favorable, was agreed to.

The bill was read the th:rd time and passed by a constitiutional majority of ayes, 3 I ; nays, o.

The Senate took up the report of the Judiciary Committee on the bill of the House to legalize and provide for the enfqrcement of the bonds of county officers who filed their official ~wnds after the time has elapsed for executing and filing- such bonds under existing laws.

The report, which was favorable, was agreed to.

The hill was read the third time and passed by a constitutional rnajority, there being ayes, 32; nays, o.
The Senate took up the report of the Committee on Agriculture on the bill of the House to prevent the reckless and unnecessary destruction of fish: to encourage the raising, and to ensure the supply thereof, in Screven county, and for other purposes.

Proof of due legal notice was submitted to the Senate.

The report, which was favorable, was agreed to.

The bill was read the third time and pa"sed by a con stitutional majority of ayes, 3 I ; nays, o.

5~0
The Senate took up the report of the Judiciary Committee on the bill of the House to alter and change the time of holding the Superior Courts of Baldwin county.
The report, which was favorable, was agreed to.
The bill was read the third time and passed by a constitutional majority of ayes, 36; nays, o.
The Senate took up the report of the Committee on Corporation" on the bill of the House to incorporate the town of Morrow, in the county of Clayton, and to grant election powers and privileges to the same, and for other purpose,.
Proof of due legal notice was submitted to the Senate.
The committee reported in favor of its passage, with an amendm'."nt, which was adopted.
The report was agreed to. The bill was read the third time and passed by a constitutional majority, there being ayes, 3 I ; nays, o. The Senate took up the reoort of the Judiciary Committee on the bill of the House to provide a Board of Commissioners of Roads and Revenues for the county of Emanuel; to define their powers and duties, and for other purposes. Proof of due lef::~l notice was submitted to the Senate. The report, whi:~; was favorable, was agreed to. The bill wa,; rc::~: the third time and passed by a constitutional majority of ayes, 28 ; nays, o. The Senate took up the report of the Committee on Finance on the bill of the House to require each county iu this State to defray all expenses of commissions of lunacy, and tre carrying insane persons therefrom to the State Lunatic Asylum, and for other purposes. The report, which was favorable, was agrec:d to. The bill was read the third time and passed by a constitutional majority of ayes, 29; nays, o.

SEPTEMBER 2 I, I 88 I.

The Senate took up the report of the Judiciary Committee on the bill of the Senate to amend an act approved October 16, 1879, entitled an act to prescribe the manner of foreclosing certain chattel mortgages, and to confer jurisdiction on Justices of the Peace and Notaries Public who are ex-officio Justices of the Peace therein, and to provide for notice to mortgagor of proceedings.

The report, which was favorable, was agreed to.

The bill was read the third time and passed by a con-
stitutional majority of ayes, 34; nays, o.
The Senate took up the report of the Finance Committee on the joint resolution from the House authorizing the State Treasurer to pay interest due on certain bonds of this State herein mentioned.

The report, which was fa~orable, was agreed to.

The resolution was read the third time, and on the question of concurring therein, the ayes and nays were required to be: recorded.
Those who voted in the affirmative are, to-wit-Messrs.

Baggs, BBrlkoewr~ Bond,' BO~vnnrdiilrk. Du,g:ar, Fonche,
Gurn~<.n,
Harrt'll,
..-\.ye;:, 29.

Hkks, ,Jordan, Kin!!, .\lcDaniel. .\lattox, .\Ic Whurter, .\lel(\rim. 2.\Ioselev; X<ml, Pnrks,
Nays, o.

Payne, l:lmith of the 5th, Smilh of the 15th,
Smith of the 23d,
Storey,
Suddath, Treadwell, Wilson, :\In. PuESIDEXT.

So the resolution was concuned in by a constitutional majority.

The Senate took up tht: report of the Committee on Finance on a bill of the House to appropriate the sum of five thousand dollars for the repairs of the public buildings at .\lilledgeville in said State.
The report, \\'hich was favorable, was agreed to.

582

JocRNA L OF THE SENA'JE,

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

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

Baggs, Baker, Brown, Bond, Byrd, Curtis, Deumatk, Fouche, Gorman, Harrell,
Hick~,
Ayes, 31.

Jordan. Kin.r, Mci5aniel, Mattox, ..\IcWhorter, }lcldrim, ..\Ioselcy, Neal,
Park~. Pay11t'.
Nays, o.

Hcid, Smith uf tlJe 5th,
Smith of the 15th, Smith of tlte 23d,
Storey,
Suddath, Treadwell
West urook,
Wilson, Wooth,;ard.

So the bill passed by a constitutional majority.

The Senate took up the report of the Judiciary Committee on the bill of the House to authorize the foreclosure of mortgages in equity as well as in the manner prescribed in the Code.

The report, which was favorable, was agreed to.

The bill was read the third time and passed by a con::.titutional majority of ayes, 33; nays, o.

Tbe Senate took up the report of the Finance Committee on the bill of the House to authorize the Mayor and Cou~cil of the City of Dalton to levy a tax for the purpose of establishing and maintaining public schools in said
city, etc.

The report, which was favorable, was agreed to. The bill was read the third time and passed by a co nstit"Jtional majority of ayes, 35; nays, o. Proof of due legal notice was submitted to the Senate. The Senate took up the report of the Judiciary Committee on the bill of the House to make the Jury Commis sioners of Fulton county, appointed by the Judge of the Superior Court, the Jury Commissioners of the City Court of Atlanta, and to prescribe their duties.

Proof of legal notice was submitted to the Senate.

SEPTE~1BER 21, 188I.
The report, which was favorable, was agreed to.
The bill was read the third time and passed by a constitutional majority, there being ay_es, 3 I ; nays, o.
The Senate took up the report of the Judiciary Committee on the bill of the House to amend an act to prohibit the killing of partridges, wild turkeys and deer at certain seasons in the counties of Lowndes, Thomas and Putnam, approved February 28, 1876, so far as the same relates to the county of Thomas, by prohibiting the killing, snaring or trapping more than twenty five partridges in one d<>y by any one person.
Proof uf due legal notice was submitted to the Senate.
The report, which was favorable, 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 the report of the Committee on Education on the bill of the House to alter and a -nend section I 3 of an act to ~erfect the public school system, and to supersede existing school laws, approved August 23, I872.
The report, which was favorable, was agreed to.
The bill was read the third time and passed by a constitutional majority of ayes, 3 I ; nays, o.
The Senate took up the report of the Committee on Railroads on the bill of the House to amend an act entitled an act to construct a railroad from Elberton, Georgia, to intersect with the New York and New Orleans Air Line Railroad by the most practicable route, approved December I3, 1871, so as toauthorizethe extension of said road to the Northern State boundary; the building of branch roads, and to give to said Elberton Air Line Railroad Company power to sell or lease its own road; to buy .other railroad~, and for other purposec;.

]OUI<NAL OF THE SE:-<ATE.
Said committee reported in favor of its passage with amet;dments, which were adopted.
The report was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority, ayes, 29; nays, o.
The Senate took up the report of the ] udiciary Committee on the bill of the House to define the authority of the Commissioners of Roads and Revenues of Glynn county, in relation to the execution of bonds of officers of said county.
Proof of due legal notice was submitted to the Senate. The report, which was favorable, was agreed to.
The bill was read the third time and passed by a con stitutional majority, there being ayes, 3 I ; nays, o.
The Senate took up the report of the Committee on Corporation.; on the bill of the House to amend an act entitled an act to incorporate the town of Sharpsburg, in the county of Coweta, and for other purpo~es.
Proof of due legal notice was submitted to the Senate. The report, which was favorable, 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 the report of the ] udiciary Committee on the bill of the House to confer additional powers on incorporated towns and villages of this State, and. for other purposes.
The report was agreed to. The bill was read the third time and passed by a constitutional majority of ayes, 32 ; nays, o.
The Senate took up the repon of the Committee on Corporations on the bill of the House to incorporate the Atlantic and :\Tiss;ssippi Telegraph Compat y.
The report, which was favorab'e, was agreed to.

SEPT.Ii~IBER 22, 1881.
The bill was read the third time, and passed by a con-
o. stitutional majority, there being ayes, 30 ; nays,
The Senate took up the report of the Committee on Corporations on the bill of the House to prohibit the sale ol intoxicating, malt or vinous liquors within the corporate limits of the town of Luthersville, and for other purposes.
Proof of due legal notice was submitted to the Senate.
The report, which was favorable, ,,as agreed to.
The bill was read the third time, and passed by a constitutional majority of ayes, 29; nays, o.
The Senate, on motion of Mr. 'Wilson, adjourned until 9 o'clock, A. )I., to-rl'orrow.

SENATE CHAMBER, ATLA~TA, GA.,

Thursday, September 22, 1881, 10 o'clock A. M.

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

Prayer was offered by the Rev. 11r. Robertson, of the county of Fulton.
On the call of the roll, the following Senators answered. to their names, to-wit:

Baggs, Bal;er,
Barksdale, Brown, Bnnd,
Butt,
Bnd. <. 'i11tis,
Dennark, Dnggar, Fouche, Gorman,
Guerry, Harris,

Harrell. Hawes. Hackett, llieks, Jordan, ,J,,hnson.
Kin~t.
:lie Daniel, )lc Whorter, )lattox,
""ltlrim,
:\[o~dt>\',
Xeal,
Pari;~,

Payne, Reid. Smith of the 5th, Smith of the 15th, Smith of the 23rd,. Storey, Suddath. Tnatlwell. \Y <'Stbrooli, \Vii son, \\'inn,
)[II PRESIDR:\'T.

The Journal was read and approved.

ss6

JOURNAL OF THE SENATE,

On motion of Mr. Parks, so much of the Journal \\as reconsidered as relates to the passage of the bill of the House to establish a Board of Pharmaceutic Examiners in this State.
Mr. \Vestbrook, on the part of a minority of the Committee on the Penitentiary, submitted a report.
:'vir. Parks moved that the reading of said minority report be dispensed with for the present, and that one hundred copies thereof be printed for the Senate.
l\1r. Fouche required a division on the question.
:Mr. \Vestbrook demanded that the ayes and nays to be recorded.
The call was not sustained.
The question on the postponement of reading said report was submitted and prevailed.
The motion to print was submitted, but did not prevail.
Said minority report is as follows, to-wit :

Mr. Presidmt:
Having been constituted by vote of the Senate, a member of the standing Penitentiary Committee of this body, and having made, as such member, a careful and extended examination of the convict camps to which I was assigned by the honorable chairman of said committee, and having, from that examination, and from information gleaned from various sources bearing upon this subject, reached conclusions, I beg leave to submit the following report:
I found from a memorandum furnished me at my request, by the principal keeper of the Penitentiary, that on the 30th day of June of the current year, there were confir.ed in the Georgia Penitentiary, 1,221 convicts, locat~d as stated by him in the memorandum, which is as follows:

SEPTDIBEK 22, ISS!.
To t!te Hon. A. C. Westbrook, Georgia Stak Srnatc :
DF.AH SIR-There are, on July reports, fr-om the fifteen Penitentiary camps in this Statf', T, 22 I convicts, situated as follows:
Penitentiary Company No. T, controlled by Governor Joseph E. Brown, has 27I colored males, 26 white males; total, 297.
Penitentiary Company I\o. 2, controlled by B. G. Lockett, Dougherty county, has I 24 colored males, 4 ,,bite males, 1 white female, and 4 colored femc.les; total, r33
Branch Pen. ~o. 2, at Au__;usta, Ga., W. B. B. Lowe, lessee, has 78 culored males, I 3 white males, 6 colored females ; and at Cedart011n, Ga., has 46 colored males, 4 white males, 2 color:d females; total, I49
Branch Pen. No. 2, C. B. Howard, at Cedartown, 2 I colored males, and at Dade Mines 58 colored males, 4 white males; in Taylor county 8 colored females; in Atlanta, I white female; total, 87.
Branch Penitentiary Company, No. 3, controlled by \V.
D. Grant, has at Old Town 91 colored males, I4 white
males, 8 colored females ; total, I I 3
Also, at V.'aycross and Jacksonville Railroad, 86 colored males, I white male; total, 87.
Penitentiary No. 3, Greene county, controlled by W. D. Grant, has 79 colored males, 8 white males, 4 colored females; total, 91.
Branch Pen. No.3, Ogletto1pe county, controlled by
James M. Smith, has 36 colored males, 7 white males. 3
corored females; total, 66. Marietta and North Georgia Railroad, controlled Ly
-Gen. "William Phillips has. at Canton, I 2 I colored males, .2 I white males, 6 colored females ; total, 148.
At Cedartown, Polk county. 39 colored males, 9 white
males, 2 colored females; total, so.

sss

jot:RN.~L OF THE SENATE,

Discharged and pardoned since July 1, 1881, 86 convicts; leaving I, 135 now in the Penitentiary.

Total
"

number
"

of
"

wh,,ite

males,... ............ .. ......... females, ...................... .

107

'' colored 1nales, ...................... ..

" ""

females, ......................

Total, ...................................................... J,135

Respectfully, etc.,

J. W. i'J EL:\IS.

CEDARTOWN CAxiP.

On. the 26th of July, in company with Senators James M. \iVilson and R. L. McvVhorter, I visited the camp at Cedartown, Polk county, Georgia. From my observations and inspectionc; there I report: That I found from twelve to fifteen men sick in camp. The physician resides at Cedartown, within a half mile of said camp, and visits it whe11 called on so to do, and the sick seemed to receive proper medical attention. Complaint was !lllade that at times labor was exacted of them when they were physically unable to perform it. The prisoners complain that when they get sick and report so, generally, the first medicine given 1hem is a good, sound whipping; but if they fail to recover under its influence, the doctor is then sent sent for. The mode of punishment is whipping on the naked person with a heavy leather strap perforated with holes; and it is c'aimed that this punishment is too severely administered, and that blood is frequently drawn from the persons of convicts by the use of this strap. Upon an inspection of the bodies of two Of the prisoners, Amos Emerson, white, of Jones county, and Davis Cornell, of \!ontgomery county, I saw evidences strongly in support of the truth of this complaint. I learned from two white persons, and also from the guard who was in charge of them on the day they were whipped, that they and another prisoner, afterwards discharged, were severely

SEPTEMBER 22, I 88 T.
whipped for no other offense than gtvmg information in regard to the inhuman treatment of the prisoners at that camp to a committee of the House of Representatives of the General Assembly, which preceded my investigation of the same camp about one month only.
I also learned from a colored boy, then lying in the hospital, and who had, at thetime of my visit, been so con-fined sick for more than a month, that the cause of his illness was as follows: He was sent to a county chain gang for a misdemeanor, and for a term of twelve months. He was turned over, under some arrangement, to the lessee of this camp. His time had about expired when he heard threats from the bosses of giving him a severe flogging for some alleged offense, but of the nature of which he professed to be ignorant. He attempted to make his escape from the camp, and in so attempting was pursued by the guards and blood-hound dogs of the prison. To escape this new danger he took refuge under a pile of logs covered by a pile of brush until, at last, the men in pursuit could reach him and protect him from the hounds. When they did reach him, instead of so prott:cting him, they fired the brush and came near consuming his person, as the burns yet visible and the protuberances and proud flesh upon his limbs abundantly testify. I conversed with Mr. West about the matter, and he ad!Tiitted that the boy did attempt to escape, and that the burning did absolutely occur; but contended that the victim was a county man, and the State h:.d no jurisdiction over the case so far as the lessee was concerned-he holding himself responsible to the State only for the treatment given to State convicts.
I also learned at this camp that one of the convicts was severely and cruelly whipped by one of the guards with the buckle end of his pistol belt; but, in justice to the manager in charge of the convicts, I will say that the guard was discharged for this conduct.

jocR:'\AL OF THE Sr~ATE,
I found heavy complaint by the prisoners that they were fbgged severely by the whipping boss, Captain Morris, whiie they were sick, and frequently after such severe whippings they had been adjudged sick by the phy::.ician, "ho visits them two or three times a week. I also fonnd at that camp that Captain Morris alone was authorized to do the whipping; but it is said he is in the habit of of cursing and abusing the convicts soundly for slight in fractions of the rules, and as often up:Jn false reports made to him by the guards as for any offense.
1 found there, also, a boy named Louis Henderson, colored, from Chatham county, who had been sentenced to the penitentiary for five year,;, and had served three and a half years of his term. He was made a "trusty," and for extra night work, done by him. was paid a compensation by the lessee. On one occasion, considering that the work wa5 voluntary, or at least might be neglected if he desired, he failed to perform some service, whereupon the white man under whom be was engaged, threatened to have him severely flogged. To avoid what he deemed an inju,.;tice, be attempted to make his escape, but was secured and so severely dealt with, by the whipping boss, as that the blood was freely drawn from his per~on; and now, after that punishment, he is again to be re st:ntenced for a term of four years, as the penalty 'of his escape.
I also learned from Gramille Denni<, a colored convict from Coweta county, that there was recently in the camp a convict named Bennett, a white man, and aNew Yorker, sentenced in this State for some offense against Georgia laws, but who was permitted many privileges, and among many other, to regularly cohabit with a colored female convict. On one occasion Dennis obtained the favor of this female, in such manner as to excite the jealousy and anger of Bennett, the white convict paramour, and the latter, out of revenge, reported Dennis to the authorities, and for this trespass upon the seemingly recognized prerogative of the

SEPTEMB~R 22, r8S1.
said Mr. Bennett, Dennis was severely and cruelly punished with the strap. At the same time he was suffering}. and is yet, from an affection of one of his legs, said to be erysipelas, and which, he claims, often disables him for labor, although he is still required to perform it, in great pain, for fear of a further and excessive punishment.
I also learned of a young white man named Jesse Johnson, convicted in Fulton county, that upon his arrival at the camp, he was the very first night, chained to a huge and brutal negro, a hog thief, and compelled, for months, to nightly occupy a bunk in company with this disgusting companion. Subsequently he was better treated by being made a guard over the convicts for a term of seven months, doubtless as compensation for the indignity previously referred to. He now bunks with a white convict as his bed-fellow.
I also learned that there were confined in this penitentiary some sixteen or seventeen county convicts, or persons guilty of misdemeanors, and sentenced in various counties to county chain gangs. They have been turned over tothis penitentiary, put in the felon's garb, and made to feel all the humiliation of the stripes, and to work in company with other and more degraded convicts, as well as to eat with them and sleep chained together with them. Some of these county convicts were used to guard duty. Both of these acts, to-wit: the confinement in felo:~'s garb, and the doing of guard duty, by said convicts, is, as I am in formed and believe, without :my ~uthority of law whatever.
I also learned that certain colored men, towit: John Jones, of Fulton county; Alfred Taliaferro, of Harris county; Tobe Cross, of Clarke county; Jack Daniel, of Bartow county; Hilliard Wright, of Baldwin county, and Bill Richardson, of Burke county, after serving their several terms in this camp, were discharged so destitute of clothing, suitable for traveling in public, that in order to

JOURNAL OF THE SE~ATE,
secljre the same, as a pure matter of decency, they were given the privilege of remaining in the penitentiary and working out a sufficient sum of money, at stipulated rates to secure for themselves the requisite clothing. At the time of my visit some of these men were still performing services for that purpose, as they stated, and as was not desired.
I also learned that at this camp a number of convicts were made" trusties" of; that in other cases numbers of them are made to work on the Sabbath day, contrary to law.
In justice to Mr. West, I would say that he claims to pay them for the extra and illegal service, but in justice to the convicts themselves, I would say that they claim that the pay is so very meagre that they fail to see it, or to appreciate the privilege so enforced upon them.
It is also due that mention should be made of the complaints of the citizens of Cedartown ; that the trustees of this camp are permitted to go about the streets of the town with altogether too much freedom and absence of supervision and decent clothing. Many of the men are compelled to work C:t night about the furnaces, altho:.tgh allowed rest time in the day, and thic; is done without any reference to the law, or the condition of the convict,;.
The quarters are very well constructed and ventilated, and are ample enough in the Summer season, but great complaint is made on all hands, that in \Vinter, the suffering of the men is excessive from cold, and insufficient bedding, the latter consisting of very dirty and thin straw mattrasses, swarming with vermin, and resting upon plain boards near to the ground. These beds are clothed with from one to two thin cotton blankets, according to the season.
The stoves used to heat these q'uarters are entirely insufficient in number and power to dispense that ,,armth which the lack of other appliances for co:11fort lemands.

SEPTE~fBER 22, I 88 I.

593

The majority of the prisoners complain that the rations are issued irregularly, and therefore, are frequently insufficient in quantity, and bad in quality, and that, in. most instances, the food given to the sick, even, is unwholesome for the purpose, and impossible to be partaken of by persons in that condition.

The clothing used is of the regular convict striped goods, and comprises a shirt and pair of pants, .with a pair of shoes and cap. The prisoners are permitted to bathe their entire P,ersons, and change their clothing but once per week. They are given no underclothing, and this adds to the strength of the complaints of suffering from cold in the Winter time. At other times they are worked in the rain and compelled to retire for the night without the opportunity to dry their clothing, or the privilege of a change to dry garments. They also complain that they are called to labor at from three and half-past three o'clock in the morning, and frequently do not get to sleep until nine o'clock at night, making their hours of hard labor doubly hard and exhausting, affecting their health and their general ability to do efficient service, whiCh otherwise they might be able and willing to render. This, if true, puts the hours of labor, allowing for meals, etc., from twelve to fourteen hours per day, when the should only be compelled to hard labor for ten hours. per day. The men at this camp are employed generally in the iron furnace at the Cherokee Iron \Vorks, ho.uling wood, and in doing farm labor.
Religious services are performed at this camp according to law.
THE DADE COAL MIKES.

At the Dade Coal Mines I found sever:1l important com plaints, to-wit:

They are worked in the coal mines where the tempe:J.ture averages about 60, and where the cold water drips
38

594

JouRNAL OF THE SENATE, .

down constantly upon the workers. They are then compe~led, on leaving the mine, to go to their quarters and sleep in these saturated clothes. Those who are able to buy under clothing for themselves, of course, fare better than the poor and unfortunate ones who cannot indulge in such necessaries.

The beds in the quarters I found to be of exceedingly inferior character, and so filled with coal dust and vermin as to be actually stifling in their erranations when one dared to strike a mattrass with a cane.

Complaint was also heard about the food supplied on many occasions as being both insufficient and unwholesome. Others complained of being compelled to labor on Sunday, although allowed compensation for so doir.g. A force of convicts is worked in the mines at night, and always permitted to rest during the day time, yet the general verdict on their part was that they all preferred to do their work in the day time and re!'t at night. I may also add that the convict stripes g-enerally worn in the camps are also used here.

Religious services are held regularly, according to law.

I am compelled to say that the investigation I was enabled to make at this point was not extensive, or prolonged. We arrived in the night, and began our observations between eight and nine o'clock the next morning. The time thus spent in investigating matters, and interrogating prisoners, was, therefore, limited to four or more hours, as the extreme liberality of Governor Brown and his friends was of such characteristic abundance, both in the entertainment of the members and in the absence of any expense on account of travel or otherwise, either to them or to the State, as to make other engagements seemingly more imperative, and as to deserve the acknowledgments of both the committees of the House and Senate who in company, enjoyed his courtesy.

SEPTDIBER 22, I 88 I.

595

I had desired to visit and inspect, in company with the committees the Gordon Mine, near by, or about four miles distant, and a part of the property of this penitentiary company, but the urgency of our departure at, or shortly after noon, to attend the banquet given by Colonel Cole, at Chattano:Jga the same evening, prevented; in a great part, the performance of that part of our appointed labors.

TilE \\'.\YCROSS CA~IP.
On August I Ith, in company with Senator Harrell, I visited this camp. I found that it was poorly situated for health and for the adoption of any real sanitary re:;:ulations. A stockade enclosed the prison, which was of pine logs, with very low, plank roof, and in which some eighty men were nightly cotifined, chained round the ankles by short chains to main chains running the length of the bui ding. There was much complaint among the convicts of bad treatment, in many and various way~>.
I found that the breakfast meal was usually cooked in the central passage\vay of this prison, on fires made upon the bare ground, and, as a result, the prisoners, while awaiting their rations, were subjectt:d to the stifling smoke which filled the building, and without much difficulty obliteratld all distinctions of color among them. They complain much of the quality and quantity of food served to them. The man;.ger in charge claimed to issue a half pound of meat and an ample supply of bread to each man per day, which amount of food-as I witnessed it issuedis not, in my candid judgment, nearly sufficient for the proper sustenance and comfort of men engaged in the labors to which they are consigned, to-wit: railroad building. Besides, the prison roof, whenever it rained, leaked very considerably, saturating many of the prisoners and rendering all wholesome rest impossible. As elsewhere, they were frequently worked during a rain, and in their wet clothing put into the prison to go to sleep that night. The water supply at this camp is extremely deficient, and

596

JouRNAL oF THE SENATE,

-of poor quality. The men complain constantly of their inability to obtain a sufficiency of water for their daily ablutions, and it is only those who had money enough, or friends near enough, to furnish them with their own special buckets in which to bring their own individual supply of water into the camp, who are ever sufficiently supplied with water.
Captain W. H. F. Lewis is the whipping boss at this camp, and great complaint is lodged against him on account of alieged severity of the punishment which he inflicts, and which often extends to the drawing of blood from the body of the victim.
Divine services are held at the camp according to law.
I found four men sick in the hospital, two of them suffering with high fever, but the prison food given to the sick, though slightly different from that furnished to the well, is still meagre, unwholesome, and unfit to build up the wasted encrgie~ of the human frame. It fact. I found two who were chained on to the main ci1ain in the prison, who were suffering from ft:vLrs. <llld to whom I propo,ed that they should go to the lwspital. They dedined intervention, and stated that on account of the chat actu of food furnished in th: hospital. they preferred to work out of doors and take their chances on \\hat was fun:ihcd regularly.
I would further state th<tt when I went there to itl\'e~ti
gate this camp, Mr. Thomas :'11. Jnnes. superintendent ot
all Mr. Grant's COJH'icts, happened to be the1 e in person. I very politely asked him to thorou~hly secure all of the convicts in the prison on the chains, and that thtn I might be allowed to dispcn~e with his presence and that of his guards, since I desired to interrogate the convicts also He emphatically said that he would not submit to it, as a House Committee had been there, and made false reports about him and de~oralized his convicts. He desired to discuss the matter with me, which I declined to do, and

SEPTEMBER 22, I88I.

597

passed out of the stockade, saying to him that I would not make the investigation. On reflection, however, he called off his guards, with the exception of one of them, and allowed the investigation to proceed with that one guard present. One of the convicts who was there, and who was
sick, said that that night he had gotten a cup of coffee and a biscuit. He seemed very much surprised and elated at this unexpected good treatment that. he was receiving, as these were the first favors of the kind he had received since he had been in the prison.

I found, also, at the \tVaycross Camp, a colored man who had a heavy trace-chain wrapped around his neck and a padlock weighing a pound or a pound and a halfattached to it. Besides the usual chains which the average convict is required to carry, these heavy chains were put upon him because he attempted to make his escape from the camp, and he was compelled to carry thi3 extra burden, and in that condition do as much labor as any of his fellow convicts, notwithstanding the encumbrance thus put upon him.

These convicts, it is proper to state, are hired out to the authorities of the Savannah, F:orida and Western Railroad at one dollar per day, but they are worked under the supervision and at the expense of Captain W. D. Grant.

These three camps were the only ones visited by me, and to which I had been assigned by the committee. Since, however, I reside in the county of Dougherty, in which Colonel B. G. Lockett, President of Penitentiary Company, No. 2, has three camps, I may, with propriety, speak of them from my knowledge and information. His convicts are employed at farm labor, and th~ir quarters, at each camp consist of a main building for males, and separate building<> for females, and a hospital for the sick, all enclosed by secnre stockade. The buildings are ample for the number of prisoners confined therein.

JoURNAL OF THE SENATE,
The prisoners complain that they are required to per- form too much labor; that they are called up at from three to half past three o'clock in the morning, and do not get to rest until about nine at night, thereby working twelve to fifteen hours per day, at hard labor. They have for sleeping bunks constructed on either side of the main buildings, on each of which is placed a straw mattress and blankets. I found the beds and bedding at this camp much neater and better kept than at other camps, though they are seldom aired, and could be improved upon.
The clothing furnished is composed of the usual convict stripes. These prisoners are required to wash and put on clean clothes every Sabbath, but no attention, apparently, is paid to their bodily cleanliness at any other time. They complain that the water facilities in the buildings and stockades are insufficient, and that no opportunity is offered them to wash their faces and hands daily.
The physician in charge of the8e camps resides in the City of Albany, respective twelve, eight, and six miles distant, and is required to visit each camp twice per week.
There is much complaint here of prisoners being required to do work when physically unable.
At this camp colored guards are employed, and two colored whipping bosses. I also find that these whipping bosses make no distinction whatever in the color of those whom they subject to the lash, in evidence of which statement I herewith attach an affidavit from one of those formerly employed, but who has since abandoned his office in the camp.
STATE OF GEORGIA, DouGHERTY CouNn.
In person appeared before the undersigned, a Notary Public, in and for said county. Mack Bonds, colored, who on oath 'deposes and says that he is a citizen of Dougherty county, and that during the year 1878 and 1879. he was employed by Colonel B. G. Lockett as a whipping boss

SEPTE:.\IBER 22, I88I.

599

"{)n the Ragston place, in said county, on which place about
or fifty more State convicts were employed, and among

them were five white men-convicts. That his instruc-

tions from Colonel Lockett were to treat them, viz., the

convicts all alike, as to work, chaining and punishment.

That in pursuance of said instructions, and in discharge of

his duty as a whipping boss, he, on several occasions, put

the lash to the white convicts, f~r the same reasons that

controlled the punishment of the colored convicts, being

generally for failure to keep up with their work. That he

left the service of Colonel Lockett a short time before the

close of 1879 because he thought the punishment he was

required to inflict on the convicts too excessive, and the

work required of them severer than some of them were

physically able to perform.

his

(Signed,)

MACK X BO:\D.

mark.

Sworn to and subscribed before me, this August 23,

a88 r.

]. AR)lSTROC\G, N. P., Dougherty Co., Ga.

They complain also, as elsewhere, that this whippinP', while not always, is tnost frequently severely and cruelly administered. I find that the prisoners are well fed from the farm products and garden vegetables about the camp, and there are no complaints of scarcity on that account.
They have Divine service performed by Rev. Howard Bruce, a colored chaplain, who visits each of them once .e\ery three weeks. The convicts, however, engage very much every Sabbath day in card playing and other im moral amusements, no attention, seemingly, being paid to the enforcement ofthe moral Code.
I would also call attention to two other reported matters, which deserve consideration. I have learned that a colored man who has lain in jail for months, was taken out sud- .denly and ~ent, in the month of June, to one of the camps,

6oo

}OURNAL OF THE SENATE,

where he was immediately set at work cutting oats. The heat and exertion of this labor proved too much for him, after his long confinement, and he died from the effects. It was called death from sunstroke.
The other instance as I heard it, was that of a strong. able-bodied negro man taken suddenly, alike, from another jail, chained heavily in Albany, and started on foot under guard to one of the camps, distant seven miles. He, also, succumbed in like manner to the effects of this exertion and heat, and died on the road. That was called heart disease ; but the death has never been reported to the principal keeper of the Penitentiary.

I also learned that white men confined in thes-e camps. say, that when the white overseers are out of sight and hearing, the negro whipping bosses are almost constantly given to whipping them (the white convicts) and frequently in the most cruel manner. There are reported two other cases where able-bodied men were so over-taxed in the labor assigned that they dropped dead in the field. These cases were called ''sunstrokes.''
It is also understood that prisoners. seeking to escape are frequently brought into Dougherty County Superior Court and resentenced to further penal terms of four years.
Tn one of Col. Lockett's camps was reported the death of Robert Watson, a white boy, aged seventeen years, sentenced froni the county of Berrien for stabbing, He was received into the Penitentiary on October 8, 1878, and died there July 4, 1879 He was, on one occasion, physically unable to perform arduous labor, but was put to work hoeing in a cotton field. Unable, from his physical ailments, to keep up with the work, he was whipped most cruelly by the negro whipping boss-having been whipped earlier in the day by Mr. Lockett, and a third time flogged in the afternoon by the negro boss under Mr.

SEPTE:.\IBER 22, 1881.

601

Lockett's orders. "He was so severely punished as to produce a fatal sickness, when he was moved away from the stockade to another portion of the farm, and there kept until his death occurred. During his illness his mother came to visit him and to bring him food, but she was refused admittance, and the food destroyed. These are the incidents of the case as reported by the guard who did the whipping.
Concerning the above stated case I here append the affidavits of Mark Tay.lor and Mack Bond, as follows :
GEoRGIA, DocGHERTY CouNTY.
Personally appeared before the undersigned, a Notary Public in and for said county, Mark Taylor, colored, who voluntarily says on oath that he is a citizen of said county, and twenty-five years of age ; that during the years 1879 and 1880, and the latter part of 1878, he was employed by Col. B. G. Lpckett, a lessee of convicts, as a guard over the convicts worked on the Royston place ; that his employment as guard required him to be constantly with the convicts on said place during the day time ; that he was cognizant of the instructions given to the whipping bosses employed on the Royston place; that there were two of these whipping bosses so employed on said place, to-wit: Mack Bond and Emanuel Tompkins, both colored ; that during the term of his employment, a white convict, Robert watson by name, apparently about seventeen years of age, of a weakly and delicate constitution, was sent to the place to work ; that on one occasion said Watson, some time in June, 1879, reported himself at night to the walking boss as sick and unable to. work; that he was told by William Lockett, a son of the lessee, B. G. Lockett, and who was in charge of the Royston place, that he would have to go to work and would not be allowed to lie up in the quarters ; that said convict was put to work next day with his squad hoeing cotton; that being. unable to keep up with the others,

<602

JOURl\AL OF THE 5EKATE,

said convict was taken down, stripped a~d whipped by Mack Bond, the whipping boss, striking about thirty or forty blows with a leather strap which drew the blood; that the -convict insisted at the time of the whipping that he was sick and unable to work. This occurred about 10 or I I o'clock, A M; that earlier in the day, say about 8 o'clock, the boy was whipped in the same manner by \Villiam Lockett, he getting from his horse for the purpose and administering to him some ten or twelve blows ; that this whipping drew the blood; that Wm. Lockett then gave instruction to Mack Bond if he did not keep up with his work to whip him again ; that during the afternoon of the same day, about 4 o'clock, P. M., another whipping was given to him by Mack Bond for not keeping up with his work. The boy insisted at each whipping that he was unable to keep up, and begged for mercy. To the best of deponent's recollection all this occurred on a Friday. The night of said day the boy was sent to the h0spital. That on the Sunday following he was removed from the quarter hospital to the Ralls' place, six or seven miles distant, to be more convenient for medical treatment; that shortly after and within a few days deponent heard of his death at the Ralls' place.

Deponent further states, that on one occasion, tovvit: on the next day after the above whippings, about dark, the mother of said convict, Watson, came to the Royston place and asked permission from Wm. Lockett to see her son, saying that she had with her a box of provisions for him. Deponent heard Mr. Lockett refuse her permission to see her son, and order her away. That she then drove off in the direction of town, and without seeing the convict.

Deponent further states that he has seen the whipping boss whip other white men, and that the instructions given

SEPTE:\113ER 22, I 88 I.
to the bosses were to treat all, white and black, alike as to punishment and work.
his
>< MARK TAYLOH.
mark Sworn to and subscribed before me, September 19, 188r.
J. ARl\ISTRONG, Not. Public, Dougherty co., Ga.
G.tORGIA, DouGHEKTY CocNTY.
In person comes Mack Bond, who on oath says that he is the same referred to in the foregoing affidavit of Mark Taylor as the whipping boss on the Royston place during the time deposed to. That the said affidavit has been fully read over to him ; that the same is substantially true and correct, and that he is cognizant of all the facts therein stated. He further swears, that on the day on which the boy convict, Robert Watson, was whipped by himself and Wm. Lockett, as therein stated, the facts all occurred substantially as sworn to; and that, in addition to the whipping given the convict by W m. Lockett in the morn ing about 8 o'clock, another whipping was given him by said W m. Lockett, at the horse lot, at 4 o'clock. That the boy received at this last whipping by Wm. Lockett, about fifty licks on the naked skin, administered with a strap, which drew the blood. Deponent further states, that all the other facts deposed to by said Mark Taylor, as to the boy's illness, his removal to the hospital and removal to the Ralls' place, and his subsequent death a few days thereafter; also the visit of his mother, and the refusal of vVm. Lockett to allow her to see said convict, and the box of provisions, etc., are true as stated.
Deponent further states, that on one occasion a colored .convict was brought to the camp on Sunday. That on the next day he was put to work. He complained all day of being sick; would fall about during the afternoon. That

JouRNAL OF THE SE:-<ATE,

on Monday night, when the whipping boss reported the facts to Wm. Lockett, he had the convict whipped, giving

him about twenty-five lashes with the strap. The convict promised to try and do better next day. On Tuesday he was still unable to do steady work-only about half an hour or so at a time. .\bout I I o'clock A. M., Wm. Lockett sent deponent to the field to see whether the convict was able to work, or was shamming. Deponent examined the convict, and reported to W m. Lockett that he

did not think him able to work. Emanuel Tompkins, the whipping boss, had whipped the man before deponent got

to him, at ro o'clock. Deponent had the man laid out under the shade of a tree. He laid there the remainder of the day. When he came to the quarter that night with the other convicts, he was whipped again by order of Wm. Lockett. The convict died the next day in the field,

while at work. The name of the convict was - - - - , and the occurrence happened about the rst of July, 1879.

his MACK X BOND.
mark

Sworn to and subscribed before me, thi~ September 17,

r881.

]. ARMSTRO::s!G, N. P., D. co., Ga.

Further, it is seriously complained of that while Peni-

tentiary Company, No. 2 use the public roads and highways of the county to a large extent, and enjoy all the protec-

tion, rights and immunities of the laws and county government, yet it does not in anywise contribute to the maintenance of said roads and highways, or do the duties of citizenship that are demanded of other individuals and corporations in said county. By this the burdens of the

tax-payers are increased, and no compensation made in return.

It is also seriously complained of that travel upon the public roads, highways and byways of the county, near to

SEPTEMBER 22, r88 1.

6os

where convicts are at labor, is unsafe; that quiet and peaceable citizens have been chased a11d bitten by the camp dogs, and frequently these passers-by have been assailed and beaten by the convicts. On this point I attach here the following affidavit:

SrATE OF GEORGIA, DOl.:GHERTY CouNTY.
In person appeared before the undersigned, a Notary Public in and for said county, Jesse G. Youngblood, who voluntarily makes oath and says that in the year 1877, he was employed by B. G. Lockett, a lessee of convicts, as a guard over the convicts on the Ralls' place in said county. That his employment in such capacity commenced on the 25th day of December, 1876, and continued until the last day of April, 1877. That during his term of service as guard, as above stated, the instructions given by the Jessee to the whipping bosses, were to treat all convicts, both white or colored, alike as to punishment and labor. That on the Ralls' place, Dave Mallory, colored, was whipping boss, employed as such by B. G. Lockett. On the Royston place. Mack Bond, colored, was the whipping boss. That there was no di~crimination made whatever, nor classification as to the labor exacted of the con v;ct, but all were worked alike, both those con\'icted of felony-known in the camp as State convicts, to distinguish them from those sent there for misdemeanors by the County Court, and known as county convicts. That the convict garb was the same for all, and was the same, to wit: exclusively male attire, for both women and men. Deponent states that when he was first employed as guard the convicts, both male and female, were confined at night to in the same prison room, without any partition between them, the men occupying one end and the women the other. This was afterwards altered, and the women convicts were taken at night to a separate building.
Deponent further states that on many occasions, while he was on guard, he saw the ~vlored convicts on the Rawls'

6o6

JouRNAL OF THE SENATE,

place whipped unmercifully with a strap by the whipping

boss, and on one occasion he witnessed one colored con-

vict, by name Dan. Blackey, whipped by Dick Pound, cap-

tain of the camp, until his skin was perfectly raw, ar.d that

while the whipping was being inflicted, the convict was held

fast by six other convicts. That on several occasions he

saw convicts severely whipped anr! made to work, after

they had .complained of being sick and unable to work.

That on one occasion, in the same field where deponent

was on guard, he saw one Thomas, a respectable citizen of

Dougherty county, aged about 6o years, and since dead,

and who lived on an adjoining place, to the Rawls' place,

while walking across a corner of the field in which the con-

victs were at work, towards his own :and, set upon qy a

squad of convicts, caught by them, thrown to the ground

and whipped with the strap of the colored whipping bo~s,

Dave Mallory, who handed it to the convict for the pur-

pose.

(Signed)

]. G. YOUNGBLOOD.

Sworn to and subscribed before me, this 19th day of

September, r88r.
J. ARMSTRONG, Notary Public, D. Co., Ga.

ILLEGAL DETENTION OF CONVICTS.
In further demonstration of the innumerable possible abu~es of this system, may be cited one instance, admitted to be true by the President of Penitentiary Company, No. 2, in his memorial to this General Assembly. Six convicts in his camp were consistently reported "good" in conduct. The principal keeper of the penitentiary, the sole juror in such matters, as was his duty, calculated the commutation due these men, and at the proper time issued for them the proper and legal discharges. These were forwarded to Colonel Lockett, but were .not honored by him. On the contrary, the men were kept in the camp as convicts, beyond the time when they should have been freed. When this fact was discovered, the plea was the bad conduct of

SEPTE:\IBER 22, I88I.

607

the men during the last month. Yet, that fact of bad conduct has not been legally and regularly certified to by the principal keeper. In this matter there was, beyond all question, a gross violation of the laws and the lease.

HOUSE REPORT.

I desire, at this point, to adopt and make a part of this

report, for information of the Senate, a report submitted

by special House Committee, composed of Thomas M.

Milner, chairman; E. A. Perkins, W. A. Post, W. W.

Willingham, W. L. Zellers, and A. Wilson, on the- day

of

, 1881, so much thereof as refers to the camps

at Old Town, in Jefferson county; the Richmond county

camp; the camp at Fontenoy, in Greene county; the camp

near Canton, on the Marietta and North Georgia Railroad,

and that in Oglethorpe county, near Lexington.

OLD TO\VN.
At Old Town camp of Penitentiary, No. 3, we find I 12 comicts employed at farm labor. The quarters consist of main building, hospital, and separate building for females, all inclosed in substantial stockade. The buildings are well constructed, of sufficient capacity, and well ventilated;. the beds and bedding about the same as at the two preceding camps. Water is brought into the stockade by means o(a hydraulic ram, and is supplied to them in such quantities as their necessities require. They are required to wash themselves and put on clean clothes every Sunday morning. The clothing is the striped suit required by law. The C011victs say they are required to work from twelve to fourteen hours per day. There is some complaint that they are not allowed sufficient time to rest and sleep. The food is similar in quality to that of the preceding camp. The cooking facilities are fine, and the food is well cooked. Large vegetable gardens are cultivated for the use of the convicts. There was no complaint made to us as to the quantity of rations issued to them. The physician in charge resides at the camp, and daily inspects

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jOURNAL OF THE SENATE,

the quarters, and prisoners, and no convict is required to work when physically unable from sickness to do labor. The hospital is neatly kept by a regular steward, and the sick are well treated and cared for. The prisoners com-
plain at times, when Captain Jamt s, the lessee, is absent,
they are abused and cruelly punished by the overseers and guards. Divine services are held as provided by statute.
We next visited the Richmond county camp belonging to Penitentiary Company, No. 2, which is located at Au~usta, and in an apparently unhealthy locality. There are 84 convicts, and they are employed in the manufacture of brick. The general appearance of the convicts is not very good. The quarters consist of a main building for males, a separate building for females, and hospital and cooking department, all inclosed in a stockade. The committee think the ventilation of the buildings is defective. The convicts complain that they are required to work from twelve to fourteen hours per day, and that often they are not allowed sufficient time for re<=t and sleep. The sleeping arrangements are similar to those previously mentioned at other camps. Sufficient attention is not given to cleanliness and airing of the beds and bedJing. The food is plain and wholesome; some complaint was made that at times it is not sufficient in quantity, and that water is not afforded in sufficient quantities for bathing purposes. The pl}ysician in charge resides in Augusta, and i~ required to visit the camp three times a week, and a-; often a~ he deems necessary. \Ve inspected the convicts while at work and found one of them, in the opinion of the committee, too unwell to work, and at the request of the committee, he was taken from the chain and put in the building. We noticed several oi the prisoners whose lower limbs were in a swollen condition caused, in our opinion, by working in mud and water, and sleeping in wet clothing. A fema.le convict gave premature birth to a child on the morning of the day we were at the camp, br.:>ught on, s~e said, by

SEPTE:\IBER 22, 188 I.

609

-overwork. She was six months advanced wi1h child, and had been a convict for several years. It is due th~ lessees in charge to state that they informed the committee that the woman was one of Howard's convicts, and that she was pregnant when she came to their camp. Corporeal punishment is inflicted with a leather strap for violation of regulations, and complaint was made that at times is severdy inflicted ; and it is alleged that the women are taken down and whipped on the naked person in the presence of the men. The clothing is the stripes required by law, and they are required to wash their persons and put -on clean clothing every Sunday morning.
At Fontenoy, Greene county camp, we Bnd 92 convicts of Company No. 3 The quarters consist of a main building, hospitJ.l, and a separate building for the women, all enclosed in a stockade. The buildings are well located and constructed. The convicts are employed at farm labor, and they complain that they are worked from twelve to fourteen hours per Jay. The "food was plain and wholesome, and some complaint is made as to the quantity issued. The clothing is the same as is in usc at other camps, and they are required to wash their persons and put on dean clothes every Sunday morning. Slet:ping arrangemc.:nts, bc.:ds and bedding is about the same as is found at the other camps. \Vater lacilities and privikge,; are sufficient. The physician lives near the camp anJ the :.ick seem to be wdl cared for. Heard no complaint that they are required to d') labor when physically unable to work. vVe find that corporeal punishment exists at this camp, and complaint was made that at times it is severely inflicted.
vVe next visited the camp in the county of Oglet:lOrpc, bdong-ing to Penitentiary Company, No. 3 There are 68 convicts confined here. The prisoners' quarters cons:st of a main building for males, and separate building for
39

610

Jou~NAL oF THE SENATE,

female convicts, and a hospital enclosed within a stockade. The convicts are employed at farm labor, The food is plain and wholesome, and issued in sufficient quantities. The convicts are worked from ten to twelve hours per day. The clothing furnished i,; such as is provided by law, and convicts are required to change clothing once a week. Every Sunday morning they are required to wash themselves, and put on clean clothing. The ,;leeping arrangements are similar to those of the camps previou-sly mentioned. The physician in charge of the camp lives at \Vinterville, six miles from the camp, and is required to visit the camp two or three times per week, and as often as he may deem it necessary. \Ve heard of no complaint that men were required to work when sick. The water privileges are good, and furnished to the convicts as freely as their necessities require. Corporeal punishment is inflicted, and complaint was made that, at times, punishment was inflicted with a leather strap severely for Yiolation of regulations. "Divine service is had at the camp as often as the statute provides. \Ve find good vegetable gardens for the convicts.

MAHnTTA .-\::-1[) NORTH GEORGIA RAILROAD.
At the Marietta and North Georgia Railroad camp we find 161 convicts employed in building that road, and are held by the Marietta and X orth Georgia Railroad under an act of the Legislature. The buildings are very inferior, and do not afford sufficient room and ventilation for the number required to sleep in them. While these buildings are only temporary, the committee are of the opinion that they could and should be made, and kept in a more decent and comfortable manner. The builclings are enclosed in stockades. vVe heard no complaint of over-work. The food is good substantial diet, with a fair variety, and no complaint was made of want of quantity. The clothing is the striped suit required by law, and the convicts are required to wash their persons and put on clean clothes every

SEPTDillER 22, I 88 r.

611

Saturday afternoon. Beds and bedding are similar to those used in the other camps. The physician lives at Canron, several miles from the camps, and visits the convicts as often as the neces5ities require. We found a good many sick with mump", but were receiving proper attention. The hospital is a very inferior building, and the arrangements for nursing the sick are very poor. The water privileges are good.

The mode of punishment is the same ~s at the other

camp~. and complaint is made that, at times, is severely

inflicted.



Divine service is had at the camps as required by law.

One of these convict prisons is pretty fairly a type of all the others. It generally consists of a long narrow building. on either side of which are arranged these poor and miserable bunking places, furnished with their s~raw mattra,;<es that are seldom, if ever, cleansed. The bedding consists of one thin cotton blankcl in Summer, and two in Winter. The convicts when marched in at night, are re ceived .lt the door, from which extends two long, heavy chain-<, lengthwi"e of the building. As they enter', they are strung upon these chains for the night like so many animated human beads. The convict wears a shackle around his ankle from which extends a short chain, reaching to his waist, with a ring in the farther end of it. This ring is linked to his hip while at labor, and when he enters the prisorr, is unbuckled and passed over the large or cable chain. The convict is then slid, practically along the cable to his appropriate bunk in the line. This process is pursued until all of them are thus strung upon the chain, and in this manner, they remain confined during the night, sleeping upon the bunks near by. In the middle passageway, or isle, are generally the guards, and stoves, or fires on the ground, for heating the building, or cooking, as the case may be. All the appointments are of the rudest and most primitive and scanty character. No attention what-

612

jouRNAL oF THE SE~ATE,

ever is apparently given to the comfort or the health of the prisoners They are simply regarded, to all intents and purp)ses, as machines laid away in the night when it is i '1possible to use them with profit. Few men can believe the possibilities of the misery and degradation of such a place, under such surroundings, without seeing it for them selves.
Again: the act of 1R74 provideo that a convict. on good behavior, should be granted four days per month of commutation of sentence, as a reward for such good ccnduct. Heretofore, notwithstanding this act, it has been the custom of the lessee,. to allow only two days pet month, or half the commutation that the law demanded. Since the presentation of the above reports of the House Special Committee, it has reached me that the legal commutation is being allowed, and that the convicts are even now being discharged in consequence of accumulated commutation.
I beg leave further to submit, as part of this report, marked Exhibits D and E; first, the contract with the les~ees jointly, and the bond of the lessees of Penitentiary Company, No. r, at the Dade Coal i\Iine.
There has also been upon the part of the les<ees a total disregard of the provision requiring the proper classification of convicts. It is part of the law of Georgia that the cnnvicts c;hall be a~sociated, as far as practicabk, according to the moral turpitude of the crimes for which they were convicted. This i,; a wise and reformatory provis:on of la\\. when properly carried out, since it takes away from the association of the most degraded and confirmed criminals tho~c \rho arc yet novices in vice, and for whose relorm there might be some hope, but for the system of university education in vice that is practised to-day in the Penitentiary.
I would further add, that the prison regulations and the laws governing convicts, are in many instances wholly unknO\\'' to the convicts themselves. The prisoners (or very
I

SEPTEMBER 22, I 88 I.
few of them) know nothing of the provision of law which provides a penalty against them for attempting to escape. Without knowledge, and with the crude reasoning powers of our criminal class, they consider it a legitimate privilege of a convict to make his escape successfully, if possible, from bondage. I believe that if the laws upon theoe subjects were properly brought to the attention of these convicts, the number of attempts at escape would materially diminish in a very brief period.
While it has been painful as well as -humiliating to me to feel it my duty to bring these matters to the attention of the Senate and the people, there is yet another duty to discharge which fills me with the profoundest regret as well as indignation and horror. In a previous portion of this rep~rt, I have called attention to the manner in which the convicts are arranged for sleeping in these prisons. I am informed, and complaints have been made to me by prisoners themselves, that the crime of sodomy, denounced by the Code itself as the most detestable crime, is nightly practised in some of these convict prisons. While every man will instinctively shudder at this development of depravity and brutality, at the same time it is not to be disguised that the brutal instincts of many of these convicts would naturally take that direction under the influences and opportunities presented by the system of bunking and sleeping which prevails in these camps. This crime alone is visited with life-time punishment upon conviction, and it is one of the causes which must call for the righteous indignation of the people, and the visiting upon this convict system the most complete condemnation.
Further, I beg to submit that, in my judgment, .111 investigation of the contracts and bonds of the lessees and of the laws, will convince this Senate and the people that the lessees have violated contracts, bonds and law, and that these leases can be abrogated with impunity. I believe it is the duty of the State to do it upon purely legal

Jot:RNAL OF TH.E SEKATE,
principles, if not upon the great principles of justice, humanity and mercy; and that the State, in her sovereign capacity, should resume the charge of these unfortunate criminals, looking to their control and management, their comfort, their health, and their moral reformation, and if at all she gives any rights in them to others, it should only be, and can only iegally be, the right to a reasonable amount of their labor under the terms, conditions and control of law.
THE FLOGGING OF CON\'ICTS.
It is contended by some of the most distinguished lawyers of this State, some of whom were very prominent
sn. in the Convention which framed the Constitution of I
that the flogging of convicts in the Penitentiary 1s illegal, and an offense equal to assault and battery under the Code of Georgia. \Vhether that be a debatable question or not, I think it may be safely assumed as beyond all question, that the only convicts in the Penitentiary, or under the control of the lessees, who are amenable to such punishment, are those sent to the Penitentiary from the Superior Courts of the State for crimes amounting to felony. I do not believe that it is either permissible or legal for the lessees to visit such punishment upon the convicts who are sent from County Courts for misdemeanors; and yet such punishment is frequently o.nd cruelly inflicted upon these minor offenders.
BASTARDS Jl\ THE PENITENTIARY.
Much indignation has been expressed by the citizens of this State within the past two years over the amendment that bastard children were being born in the Penitentiary of the State. The charge has been frequently made and frequently denied. By reference to the biennial report of the principal keeper for the period between October 20. 1878, and October 20, Il:l8o, page 5, occurs the following paragraph :
''I will here state that there were twenty-two children

SEPTE~IBER 22, I 88 I.

615

in the various camps when I took charge of the office, in January, 1877, and there have been three born since-one of the women g-oing into the camp pregnant from the jail, and another one escaped and was returned in like manner."
This still leaves one bastard unaccounted for, and it is fair to assume that it was conceived and born within he jurisdiction of the Penitentiary. It is enough to bring the blush of shame to the face of any Georgian to recognize the fact that women undergoing penal servitude in the Penitentiaries of the State are yet permitted to bear children in a criminal manner.

REEMPLOY}!E:'\T OF DISCHARGED GUARDS.
As another instance of the abuses to which this system gives birth, I am informed by parties who assume to knov.-, th::tt guards who have been discharged from one camp for brutality or wrongful acts, are willingly re-employed by other lessees, who seek men experienced in dealing with convicts, and without question as to the conduct of such guards in their former employment, or the causes of their discharge from such last employment. This is an abuse which ought to b~ promptly corrected. There should be no such profession in this State as that of a professional penitentiary guard, and the lessees should be required to refuse employment to men discharged for illegal, immoral or brutal conduct.
REFORMATION OF CONVICTS.
One of the chief ends of a Penitentiary syster.. is the rcformati: n of the convict. Punishment is not alone the object sou~ht to be obtaine ~ by prison discipline. The Code of Georgia, in sections 4810 and 48 r 1, recognizeS thi:; fact, and makes provision for the appointment of a chqplain, "ho shall preach to the convict at least once every Sabbath day, and give them such other religious .instruction a<> their condition may reqL~irc; and also, that .the Go\'crnor shall cause to be furni~hed to each conYict a

616

JouRNAL oF THE SENATE.

bible and hymn book, to remain in his cell; and upon his discharge he shall be permitted to carry the same awaywith him. Instances heretofore recit-:d in this report are sufficient to show that at least a portion of these reformatory aids are totally absent from the Penitentiaries of this State, and that card playing in many instances takes the place of the bible reading. It must be admitted in the face of past experience, and of the present condition of the Penitentiaries, that there are but few chances of a criminal emerging from the Penitentiary in an improved moral condition. Young men, mere novices in crime, suffering a penalty for their first breach of the law, are thrown with the most degraded and depraved criminals, and subjected to a course of instruction which makes them ei .her ambitious to excel in daring and dastardly exploits, or breeds. within them a spirit of cunning and propensities for thieving and violence that finally will eventuate in their becoming pests to society and costly burdens to society.

PROTECTION FOR LIFE CONVICTS.

It is hardly necessary that I should thus formally call

the attention of the Senate and people, to the utter absence

of protection to life among the convicts in these various.

camps. Men convicted of foul murders, and with bloody

instincts, stimulated by re. engeful feelings against the laws

which consigned them to chains, and with false notions of

their consequent immunity from further penalties, one

placed side by side with men convicted of lesser grades of

crime, and supplied with ample opportunities and weapons

for dastardly assaults and fatal rencmnters. The but re-

ce t bloody assassination in the corridors of the Dade

Coal Mines, and the murder of Piemonti in Jefferson

county, are no insignificant indices to the dangers of this

system to the lives of the convicts themselves.



THE DEATH RATE l;\1 THE PE:\ITENTIARY.
The whole per centage of the death rate in Georgia Penitentiaries, whi::~1 :s a matter of very recent experience,

SEPTE:\1BER 22, I88I.
however, is cited by advocates of the present system as proof of the humanity of the treatment to which the con victs are subjected. My observation leads me to a different explanation of the small per centage of mortality in our convict camps. In the Penitentiaries of Eastern and Northern States, where the per centage of deaths is large, mortality is traceable to the fact that the convicts, for the most part, are shiftless, and, in many instances, pauper characters, broken down in health, or weak in physical powers from dissipation, or distress, and more than ordinarily liable to disease from close confinement in cells, and at hard labor. The convicts in the Georgia Penitentiaries, however, are of a totally different class. The very large majority of them are able bodied negroes who have been used to much hardship, and whose habits of life enure them to hard labor, to course food, to exposure, and to privation. They are used to undergoing, even in a free state, much fatigue, and possibly their very best condition is when they are forced to do a reasonable amount of labor, on wholesome and sufficient diet.
These facts, together with tht:: extreme leniency of the Governor, in pardoning those of the convicts who, from time to time, have been found unprofitable to the lessees, have reduced the percentage of mortality within the stockades and the hospitals of the Penitentiaries to the remarkably low figure which is now paraded as conclusive proof of the humanity of the system. The argument needs no clearerexposition of its fallacy than the mere statement of the facts as above recited.
DISCHARGES A:\D PARDONS.
It is worthy of being embodied in this report at this point, and I state it without attempting to explain it, that sinee this investigation began, the principal keeper of the Penitentiary, has discharged from various camps, I I 7 men, and the Governor has pardoned 13, making a total of I 30 men released from convicts bonds since the 30th day of

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jOURNAL OF THE SENATE,

June last. This I must confess. is to me a somewhat inexplicable exodus from the convict ranks, whether it is due to the natural expiration of the terms of the convicts, or to the fact that when the proper commutations of time have been allowed for good conduct, it has been found that many of these prisoners have been held over the time they should have served. I am not able to say, but taking all these matters in connection with this one, there seems to he good reason for believing that a thorough, legally conducted and impartial investigation of the affairs of the Georgia Penitentiary, would reveal to u,; m:tny opp.)rtu'lities for the improvement of the system, if not for the abrogation of the leases, and the making of ne''" and more _guarded contracts for the working of thec;e unfortunate criminals.
FL'RXISHING CLOl'H!XG TO THE COXV!CTS.
Under the terms of the contracts made with the several lease companies, they were bound, with proper conditions, for the management, contrJl and safe keeping of said convicts according to law, and the rules and regulations prescribed for the government of the Penitentiary, and one of the conditions of their bond, is that they shall manage and keep them in accordance with the rules and regulations now of force, or which may, hereafter, be legally adopted for the control of said convicts. In the Code of Georgia, section 4774. it is provided that "when discharged, each prisoner shall receive a suit oi clothes not exceeding $1 o in value, and money, not exceeding the same amount, the principal keeper to discriminate in beth, according to the conduct of the prisoner, during his confinement."
I do not find anywhere in my research, that there has ever been any enactment repealing that requirement of law, and it is one of the conditions which the lessees assumed in making their contract renting these convicts. I am informed, reliably. that the Dade Coal Company form"i ~g Penitentiary Company, No. 1, regards this section of

SEPTE~IllER 22, I 88 I.
the Code as binding upon them, and that they are faithfuJly carrying it out, but, I am equally well informed that neither o~ the other Penitentiary Companies has ever paid the slightest regard to this plain provision of the law, a provision as wise as it is humane, and ~o notorious is this fact that even at this session of the General Assembly, a bill has been introduced for the express purpose of enacting such a provision of la\V. In the light of the foregoing facts, it would appear that a law compelling the lessees to obey the existing statutes with reference to the Peniten tiary would be more in point.
VIOLATIONS OF THE COXTRACT AND BOl'\D.
It is provided in the contract with the Governor and the Penitentiary Companies now holding the convicts, that the rental of said convicts shall be paid promptly on the last day of each year. These contracts became operative and of force from the first day of April, I879 By the terms of the contracts the full amount of said rental should have been paid into the Trea~ury of the State on or befc-re the last day of March, I88o; and in like manner upon the last day of March for each subsequent year until the contracts expired by limitation, or were annulled by the Governor or General Assembly.
By reference to a statement hereto appended, and marked Exhibit C, furnished to me from the office of the Comptroller General, it will be seen that Penitentiary Company, No. 2, did not pay any part of the rental due from it to the State on or before the last day of March, I880, but began to make partial payrn.entc: on the first day of April, and on subsequent dates up to and including March 4. I88 1, being at that time, for a portion of the rental of the convicts, in default nearly one year.
It will be further observed from the statement referred to, that no one of the Penitentiary Companies paid the rental for I88o on or before the last day of the year, to-wit, the 31st of March, 1861, but began their payments

620

}ot.:RNAL OF THE SEKATE,

on the I I th day of April, and continued them up to the
23d day of August of the present year. I am informed that under the terms of the law, it became the duty of the Comptroller General to issue executions against the Penitentiary Companies so defaulting, and that he did actually
issue his ft. fas. against certain of them, and force the col-
lection of the rental of the convicts. Under the terms of the contracts with the Governor, it was clearly his duty, upon the failure of any one of these companies, to promptly pay into the treasury the amount due for it as rental for the convicts ; to annul the contract with said lessees ; resume the authority and control of the State over the convicts, and proceed at once to re-lease them to some other responsible party under the terms of the lease act. It is, therefore, clear f10m the facts just above stated, that there has been a clear breach of the contract upon the part of every one of the Penitentiary Companies; and that, if a reason is sought, a good, sufficient and legal reason for abrogating these contracts, and changing, or improving the system of working the State convicts, it is furnished in these open and uncontradicted violations of the stipulations of the con~ract under which they are holding the convicts.
Dt:E FOR ESCAPED CO~VICTS.
Under the laws governing the Penitentiary, the lessees are liable in the penal sum of $200 for each and every escaped convict-escaping through the negligence of the lessee, not recaptured and returned to his place within sixty days. It is the duty. of the lessees to report, under oath, the facts concerning each escape of a convict from his custody. Penitentiary Company, No. I, is, as yet, the only company that has complied with this law ; and it in only one instance-that of the escape of Mort Curry. It must be apparent to all men, that the large number of escapes reported, could not, reasonably, have been effected without negligence ; and that, in consequence, there are thousands of dollars now due the State on this account.

SEPTEMBER 22, 1881.

621

A PEN.-\L ISLAND.
I am constrained to add here that it was the first contemplation of the law of 1876, upon this subject, that the State should resume and retain the control and manage ment of her convicts. It was prescribed in a wise discretion, that the convicts should be assembled and confined upon a penal island off the coast of Georgia ; be there confined and classified according to the moral turpitude of their crimes; sep~rated from contact with the world ; isolated at such employments as they were best suited for, and that would contribute to their support and mainte nance, and where all possible reformatory measures might be pressed upon them with hopes of success. This experiment, from some cause, was not attempted, but the lease system, even then grown into an abomination, was perpetuated under the secondary requirements of the act. It is not untimely to recur here to this important guidework to a possibly rational and successful reform.
IN CONCLCSION.
In conclusion, I would state that I am wedded to no particular theory as to the proper method of dispos ing of the convict question, and have eyolved no especial system which, in my judgment, would correct all existing evils and prove the proper policy of the State, but I do submit these :natters to the calm, unprejudiced and humane judgment of the Senate and the people of Georgia, in the hope that their wisdorn may devise some system which will meet the requirements of our present condition, and remove from the escutcheon of the Commonwealth the stigmas which have been placed upon it by the conduct of our Pt!nitentiaries during the past several years.
There can, in my opinion, be no question of the earnest interest which the people of Georgia are, at this moment, taking in this great question. They are enquiring anxiously whether the fair fame of Georgia is to be sustained

622

}OURNAL OF THE SENATE,

as a legaey to her sons and c'aughters ; whether there are

in this State laws made for the poor, weak and defenceless.

that will not yield to any call of humanity; unbend to

meet any plea of mercy, and that must stand in all their

oppressive and vindictive brutality as horrible relics of bar-

barism, retrieved and appropriated to damn a boasted

Christian civilization.

Rcspectfuliy submitted, with the exhibits from A to E

attached.

(Signed)

c. A.

WESTBROOK.

ExHIBIT A. A few days ago the House, by resolution passer!, requested the Governor b su~):nit for its use such fact,; as were in his possession rdative to the killing of the convict Matthews. The report of the Governor has been made, and is as follows :
EXECUTIVE DEPARDIENT, 5"1'.\TE OF GEOJ{GIA,
ATLANTA, GEOI<GIA, September 19, 1881. To tlte Ho:tse of Represmtati<Jes :
I herewith transmit to the House, in response to its reso lution, ''a full report of the <>gents sent to investigate the causes which produced the death of John :viatthews, late a convict under the control ol the Marietta and North Georgia Railroad Company, and also all other information on the subject that may be in my possession."
Upon the first information which was conveyed to me of the circumstances attending the death of this convict, I took measures for a thorough investigation of all the facts. The gentlemen selected to make this investigation were Dr. Thomas Raines, physician of the Penitentiary, and Frank L. Harrison, who entered without loss of time into an examination of this case. In pursuance of their ir.structions, the body of Matthews was disinterred, and the coroner summoned a jury of inquest. The evidence taken bef.:>re the jury of inquest, and the verdict rendered are hereto attached.

SEPTE:-.iBER 22, I88r.
The matter was carried before the grand jury of Cher~ okee county, and after investigation, an indictment was found against Charles D. Phillips, Jr., for the murder of said convict. The evidence taken before the grand jury is not accessible under the laws of our State to your body, or to the Executive. A certified copy of the indictment is attached.
I submit herewith the report of Dr. Raines and Mr. Haralson, which, with the other accompanying documents, contain all the information in my possession.
ALFRED H. COLQCITT.
To !tis Excellmcy, .rlif;ed H. Colquz'tt, Governor of Georgz'a :
DE,\R SIR: On September 9th, by your order, we, the undersigned, left Atl~nta for the convict camp of the Marietta and Korth Georgia Railroad, to investigate and report the cause of the death of one John .Y1atthews, who was, at the time 'of his death, a convict in the above named camp. After a thorough and, we might say, a complete investi gation of the cause of his death, we beg leave to submit the following as our report :
On information received from General William Phillips, Captain \V. W. Phillips, Michael McKinney and others, we concluded that it was highly proper to have the coroner of the county in which the camp was located, hold an inquest over the body. On Saturday afternoon the inquest was organized, and after taking the testimony of Dr. A. M. F. Hawkins, the physician who has charge of the sick in the camp, we disinterreo the remains of John Matthews, but found, on removing the coffin lid, that decomposition had gone so far as to render it impossible and useless to go farther with the examination. His remains were reburied, a number of \vitnesses were examined, and at a late hour in the night, the jury returned the following verdict, signed by the coroner and each of the nine jurors, to-wit :

JouRNAL OF THE SENATE,
We, the jury, summoned and sworn by Wm. T. Kirke, coroner, as a jury of inquest over the body of John Matthews, find that John Matthews died from heart disease, aggravated by cruel treatment from the hands of C. D. Phillips. This September 10, 1881.
By your order, Frank L. Haralson, one of the undersigned, returned to Canton, Cherokee county, Georgia, to aid Col. George F. Gober in the prosecution of the case before the grand jury, and herein makes the report of the finding of a true bill against Charles D. Phillips, Jr., charging him with the murder of John Matthews, alias John Massey, a copy of which is hereto attached.
We hope your Excellency will not think it amiss in us to give you a short history of the whole affair, that you may see that we have not been negligent in the performance of the duties assigned us.
Soon after reaching Ball Ground camp we ascertained that Charles D. Phillips, Jr. for some time past had been section boss on the :\1arietta and ~orth Georgia Railroad, and in that capacity controlled a number of convicts. Among the number was a certain convict by the name of John Matthews, known in camp as John Massey. vVe could not find from the testimony of the witnesses sworn, the exact age of Matthews, but from other sources of information find that he was a very ddicate boy of about 18 or 19 years of age. Most of his time since his o..:onfinement in the Penitentiary, or the other place where the law orders you to send him, he has been on the "sick list" and wholly unable to work. A few days before his death he was sent out on the " works" under the mana;ement and control of Charles D. Phillips, Jr., and on Wednesday, the 31st of August, of this year, he made an attempt to escape-was fired at by one of the guards, but did run more than 300 yards, when he was captured by Mr. J. S. Spears, the Sheriff of Cherokee county, who happt:ned to be in that part of the county on that day. So )n after his

SEPTEMBER 22, I 88 I.
-capture by Mr. Spears, Mr. Charles D. Phillips came up, .and they immediately started for the works, from which Matthews had run. The three had not gone far when Phillips picked up a brush and struck Matthews with it, telling him at the same time to hurry up. Soon after Matthews had been ordered to work again, Phillips took his strap and struck him about fifteen lashes over the shoulders. Not long after that, Phillips again approached Mat thews, who was at his work, made him take down his breeches, and then, on his naked back and thighs, struck him thirl:y-five lashes. Then, before the time for dinner, Phillips again struck Matthews on his naked back thirty five lashes more, making, in about two hours, seventy lashes on his naked back and fifteen over his shoulders. These three whippings do not include the strokes Phillips gave Matthews when he passed him in the performance of his duties. Matthews was carried with the rest of the convicts to the camp that night. where he rem1ined until next morning, Thursday, September r, when he was car. ried with the rest of the convicts out to the W)rks again by Phillip~. and before dinner was again whipped by Phillips, receiving then twenty lashes. It could not be shown that he ate any dinner, but when the squad of cor.victs were on their way to the works from dinner. one of the hands noticed that \1atthews reeled as he walked After reaching the works, Matthews was assigned to his duty, which co_nsisted in loading wheelbarrows; but according w the evidence of one of the guards, he would, after gath ering the dirt on his shovel, throw it into another shovel instead ot the wheelbarrow, thus showing either obstinacy or that his strength had failed him, and that his mind was
wandering. Phillips saw this, and approaching him, asked what he was putting the dirt in, and Matthews replied: "1 .am putting it i11 the wheelbarrow." Phillips then struck him with the ttsh, ag-ain asking him when: he was putting
40

626

jOURNAL OF THE SENATE,

the dirt. Then Matthews said it was a shovel, and began putting the dirt into the wheelbarrow, but in a few minutes resumed his erratic work of filling one shove! with another. Phillips struck him with his lash again. .\iatthews had during all this time complained of being sick. Phillips then made him get down on his knees and put his face against the bank of the cut. He then took a pick, and driving one point into the bank close by the side of Matthews' neck, with the handle extending across his neck, made him remain in that position for twenty-five minutes. During- the time of this mode of punishment, Phillips ordered one of the convicts to get a bucket with some peas and bread in it. \Vhen ~1atthews was released from his position under the handle of the pick, the bucket was handed him, and dipping both hands into it, filling the one with peas and the other with bread, h~ crammeJ tht:m into his mouth like one who was crazy. \Vhile eating, he fell over on the ground in an unconscious condition. Phillips went to him and struck him with his lash. Phillips then called some of the convicts and had then:t take the bread and peas out of his mouth Phillips then took one end of his lash in each hand and slipped it under the neck and raised him up to a sitting position, let him fall back on the around; then called some of the convicts and had them place him in a wheelbarrow. When one of the convicts started to the camp with him, fhillips touched one of the handles with his hands and dumped him out on the ground. He was again placed into the wheelbarrow by the convicts and rolled to the camp, where he remained in an uncon scious condition until the next evening, Friday evening, when death closed the scene, and Matthews' sufferings were over.
Dr. A. M. Hawkins met the convict, Matthews, in the wheelbarrow, and made an examination of him as he lay in ~he wheelbarr.ow ; prescribed two doses. Only one dose was given, being all they could get into him. The

SEPTEMB!>:R 22, 188 I.
doctor was sent for again Thursday night, about I 1 o'clock; gave him a toddy ; returned the next evening and found him in the same unconscious condition. Saw he was bound to die, and so told the officials in charge of the sick. Friday evening, about sundown, he died, and on Saturday morning, September 3, the doctor returned and made an examination of his body, at the instance and earnest solicitation of Captain W. 'vV. Phillips, and sent up to the principal keeper a certificate in which he stated that John Massey's deatl~ was caused from organic disease of the heart, aggravated by the race, and being fired at, the arrest, disappointment in not succeeding in escaping, being whip;Jed, and the hearty meal and draught of water. In his weekly report, made to Dr. Raines, physician of the Penitentiary, September 3, he makes menti<>n of the death of one convict, but docs not state that he died of organic di,;t'ase of the heart. In fact, he does not state any cau!'e of detth. or name of convict. The responsibility, as far a,; we could learn (and made every exertion to ascertain the truth of the matter), rests on Charles D. Phillips, Jr., and on him alone. \Vith. this one exception, as far as we could a-certain, the convicts have been, and are, humanely trt.:ated -weli fed and clothed. we had free access to every departmt'nt of the camp; were unrestrained in cv..:ry action ; were free to talk with each ar.d every convict, and found from the many sources of information at our com mand that those confined :here are treated humanely, and as wdl, and fare as well, as those do in the other camps and places of imprisonment under the Penitentiary or convi :t system of the State. Ydur Excellency will see, from c 'pies of rules and regulations of the company, that this cruel treatment by Charles D. Phillips, Jr., to John Matthews was contrary to and in violation of these rules, etc.
Before this occurrence the convicts under the care of Charles D. Phillips never made any complaint to any one tliat we could hear of, and from many of the convicts we

JouRNAL OF THE SENATE,
learned that the treatment by Charles D. Phillips, Jr., was kind and humane, with this one exception.
In conclusion, allow us to st;;.te, that at the inquest held ~tSharp Mountain Church over the body of John Matthews, decea.,ed, Colonel \V. H. Simmons, from Jasper, Pickens county, ~vas presc:nt, and he and General \Nilliam Phillips represented one side of the case, and were given every chance to make such defense for the Company or Charles D. Phillips, Jr., they \Yished, and examine the witnesses, and one of them addressed the Coroner's jury.
V..' e intended that both sides of the c~se should be
heard, and did all in our p::nver to effect such a 1e;;u :t.
Most respectfully, etc.,
THO~IAS RAINES,
Physician Georgia Penitentiary. FRA!).K L. HAI<ALSON, Attorney at Law.
Attached to tll: r, pot was a copy of the articles of agreement bet\\'Ctn the convict company and the guards, together with the report of sick for the week in which Matthe\\s died. The indictmer.t by the grand jury of Cherokee county was also submitted with the evidence before the jury of inquest. In the evidence befl)re the coroner's jury, Dr..'\. M. F. H.1wkins. the attending physician, among other things said:
''He had organic disc.tse of heart; he died from that dis ease, with addition of aggravation ; dtath from organ might not result withou1 the aggravation.
''He did not die from maltreatment."
The following is tht.: certificate ,)f Dr. H<twkins:
Col\STRUCTiuN CMIP, I'\ c. Io , ~I. & N. G. R. R, September 6, I88 I.
This is to certify that I am a regular practicing physiciar' and the physician in charge of this camp. That by order

SEPTEMBER 22, I 88 I.
and agreement, the camp was established and arranged under my direction, and that I have, so far as the orders of the company can give it, supreme control over the sick. That I am authorized and employed to treat them ac; patients, giving all necessary attention and medicines.
That Mr. M. McKinney, commissary, etc., is in charge and has care of camp and the sick, and that he is attentive and kind, and obeys my orders. The result is an exceedingly healthy camp, except the chronic cases which were sent to camp sick and diseased, and some of these are improving through good care, though at heavy expense to the company.
John Massey was one of the diseased men-organic disease of the heart. He was in this condition when he came here, and, by his own representations, had been thus diseased for several years. Under treatment in camp, he apparently improved and was stout enough to work. He attempted to ~scape; ran from the guards; was fired at, but missed; was caught by the sheriffof Cherokee county, and was frightened; put back on the works and whipped with a thin belt or strap three-quarters of an inch wide. He ate a hearty meal, drank a heavy draught of water, and did not speak afterwards.
I attended him from Thursday evening until Friday morning-visiting him four times previous to his death. I heard reports that he had been beaten to death, and consequently made a careful examination; and certify that there was no wounds on him extending deeper than the skin, such as would be produced by a light strap, and that John Massey died from organic disease of the heart, aggravated by the race, 'being fired at, the arrest, disappointment in not succeeding in escaping, being whipped, and the hearty meal and draught of water.
A.M. F. HAWKINS, M.D., and Camp Physician.

jOURNAL OF THE SENATE,
EXHIBIT B.
STATE OF GEORGIA, FuLTON CouNTY.
Personally appeared before me, the undersigned, a Notary Public, J. H. Holliday, Jr., in and for the county aforesaid, Bowling Duncan, who voluntarily says that he is a citizen of Atlant;;, county a11d State above mentioned; that on conviction and sentence by the Superior Court of said county in July, r88o, for involuntary manslaughter in the commission of an unlawful act, he was sent to the convict camp of the Marietta and North Georgia Railroad Company, arriving there on the zrst of July, r88o, that he remained with said convicts until the zd d;1y of September, I 88 I, \\'hen he was pardoned by his Excellency, the Governor of the State.
He further says, that while the treatment of the convicts in said camp is in the main good, yet his observation while there was, that the treatment is decided almost entirely by the guards and bosses in charge of the working gangs, and is meted out on a system of personal favoritism; that if a convict is sickly, weak and ph) si crlly so di!'abled as to be an unprofitable laborer, he is termed a ''dead head," and subjected in nearly every instance to cruel treatment, severe punishments, whippings beyond reason, and other harsh measures; but, on the other hand, if the c.:>nvict is a stout and willing worker, he is given liberties denied to others, whose only disadvantage is their physical weakness ; and that these favored convicts are also permitted to shirk labor at times when others, though suffering, are made to do excessive work.
Deponent says, also, that there is no distinction made at the camp between convicts on account of the nature of the crimes for which they \Vere sentenced; but that convicts are massed together in labor and at rest without any reference whatsoever to the various degrees of mC>ral turpitude attaching to their offences.

SEPTEMBER 22, I 88 T.
He further states, that men in these camps are fre-quently severely whipped for want of alacrity in obeying the commands of the bosses; and that on two or three occasions the whipping bosses commanded negro convicts to do the whipping of other convicts.
He further states, that prior to the last visit to the camp of the Governor of the State, the treatment of the convicts was much more rigorous and cruel than at present; that since the visit referred to, the rations and medi-cal attention have improved.
He also says, that the water facili: ies now are insuffident, and that the convicts are only permitted to bathe themselves once a week.
He also states, that while he did not witness the whipping of the deceased convict, John :Yfatthews, he did see Matthews about s:ven o'clock the evening previous to his death, and while he was in great agony and pain, said to be from the effects of the whipping inflicted by Charles D. Phillips, Jr. ; that he, deponent, immediately went to said Phillips and told him Mathews was dying, and that said Phillips responded : ''Oh, there is no die about that; he is putting on." To which deponent said: 'I would not like to put on like that." And Phillips replied: "The d-d scoundrel, he needs a hundred and fitty lashes right now!" After this conversation, deponent retired, and heard next day on returning to camp that Matthews had died during the day.
He further says, that prior to the recent and last visit of the Senate Committee of the General Assembly some some four or five days, a man in citizen's clothes came among the convicts, and stated that he was a member of the committee and could procure for them pardons and commutations of sentence ; that he wrote down in a book which he had, the various statements of their treatment as made by the committee ; that the next evening the bosses came into cam!l with this same book, and charged the men

JouRNAL OF THE SENATE,

who had made the statements with having done so, and at

once proceeded to whip the men for giving the statements.

This treatment made the convicts fear to speak of their

wrongs, and when the real committee visited the camp no

one of them dared so to speak, from fear that it was an-

other trap set for them, or that they would be even more

severely punished for speaking about the wrongs com-

mitted in the camps.

All the above statements are made by deponent on his

oath, and of his own free will and accord.

(Signed) BowLIN DuNCAN.

Sworn to and subscribed before me this 21st day of

September, 1881.

J. 5. HOLLIDAY, }R.,

Notary Public, Fulton Co., Ga.

SEPTEMBER 22, 188 I.

ExHIBIT C. Statement of Payments made by Lessees to Treasurer from
Hire of Convzcts since 'January, 188o.

By whom Paid.

I For j
1 Year 1

Date of

I
Amounts

Paid.,
I

Payment.

1

Paid.

I Penitentiary Co. I. ...... 1879 Mar. 29, 188ol$ 6,464 28

Penitentiary Co. 3 1879 Mar. 3I, 188ol 7.593 96
Penitentiary Co. 2, ..... 1879 ~April I, 188oj 1,046 00

Penitentiary Co. 2....... 1879 April 7, r88o

I

Penitentiary Co. 2.......

1879 May

4.

188o 1

Penitentiary Co. I ....... 1879 Feb'y I, 18811

I II



,

Penitentiary Co. 3 ..... 1879 iFeb'y I, I88I'

I

Penitentiary Co. 2....... I879 1Mar. 2, 1882

3,305 3S 3,45 I 81
698 35 1,090 30
566 so

Penitentiary Co. 2....... I879 Mar. 4. 188I 475 30

Penitentiary Co. I. ...... ! I88o !April I I, 1881 7,275 76
i
Penitentiary Co. 3 ...... 188o April16, 188 I 8,989 89

Penitentiary Co. 2....... 188o April I6, 1881

Penitentiary Co.

2....... I

188o

I
iMay

6,

I
I88I[

i

I

Penitentiary Co. 2....... 1 188o May 30, 188 II

iI



I

Penitentiary Co. 2....... 188o May 30, 1881 1

2, IOO 00 I,ooo oo 1,000 00 I, 191 99

Penitentiary Co. 2.......

188o jAug. 23, 188r 1 3.367 37

I

'

I

$49,616 86.

JouRNAL OF THE SENATE,
ExHIBIT D.
EXECUTIVE DEPARTMENT,
ATLANTA, GA., June 21, 1876.
WHEREAS, on the I sth day of April last, the Governor published an advertisement in conformity to the statute passed at the last session of the General Assembly of this State, entitled " An act to regulate the leasing of the Penitensiary convicts by the Governor, authorizing him to make contracts in relation thereto, and for other purposes;"
WHEREAS, said advertisement invited the citizens of this State to bid for the Penitentiary convicts in conformity to said act; said bids to be received until 12 o'clock M. of the fifteenth day of this present month ; and,
\VHEREAS, B. G. Lockett, L. A. Jordan, W. B. Lowe and J. B. Gordon, citizens of this State, put in a bid for said convicts, proposing to pay therefor the sum of four hundred and twenty five thousand dollars for the period of twenty y-::ars after the termination of the last existing lease, payment of said sum to be made in equal annual instalments; cr to lease one-half of said convicts br said period for the sum of two hundred and thirty-st'ven thousand five hundred dollars, to be paid in fifteen equal annual instalments-the first to begin five years after the termination of all existing leases; also, a bid of fifty-two dollars per capita, per annum, for all the select able-bodied menall others to be given without payment; and,
WHEREAS, Thomas Alexander, Wm. D. Grant, vV.
W. Simpson, John W. MurphLy and William H. Howell put in a bid for all of said convicts for a period of twenty years from the. termination of the last of existing lease~, by which they propose to pay for the whole of said convicts, for the period aforesaid, the sum of four hundred :and thirty five thousand dollars, to be paid in ten equ;tl biennial instalments; or for half of said convicts, for the :Same period of time, the sum of two hundred and ten

SEPTEMBER 22, I 88 I.
thousand dollars, to be paid in twenty years, equal annual instalments; and,
WHEREAS, the Dade Coal Company, of this State, put in a bid for three hundred long te~m men, convicted for life or for a period of five years or more, to be kept constantly up to that number by able-bodied men, as provided in said statute-obligating itself to use said convicts in the busint:ss of mining-for a period of twenty years after the termination of its present lease; the said Dade Coal Company having proposed to pay for said long term men, for said period of twenty years, the sum of seventy-five thousand dollars, in twenty equal annual instalments; and,
WHEREAS, in the opinion of the Governor, none of said bids ought to be ~-.ccepted, they being the only bid" offered for any considerable number of convicts, as they are so in conflict as to the amount for the whole or half as to make it doubtful which would be best for the State; and,
WHEREAS, all of said bids are, in the opinion of the Governor too low, and he has informed said biders that he cannot accept their bids upon the terms and for the prices therein specified; b~t that the said _three companies may take the whole of said convicts for the sum of five hundred thousand dollars, to be paid in twenty equal annual instalments, commencing at the end of the first year after the termination of the present leases; the D.tde Coal C;mpany taking the three hundred long term men bid for by it, to be kept up constantly to that number of able bodied men, if there be, and so long as there shall be so many in the Penitentiary, to be used in mining, as provided by the statute, and the other two companies dividing the remainder into two equal parts, and the number that each of the two last mentioned companies has, shall be kept equal during the period of the lea~e; the convicts held by each company to be employed in the labor specified in the statute. The annual - instalment to be paid into the Treasury of the State at the

jOURNAL OF THE SENATE,
end of each year during the said period of twenty years, such instalment being the sum of twenty-five thousand do!lars-each of said _comp:mies to pay its pro tata share of said sum. The principal keeper of the Penitentiary, under the direction of the Governor, shall adjust the'pro rata shares of said sum between said companies, in proportion to the number of convicts held by each during the year; but, in no case shall such adjustment operate so as to reduce the annual rental of said convicts below the sum of twenty-five thousand dollars. Each company shall pay the amount of annual hire fixed by such adjustment promptly on the last day of each year. And the said three companies, each acting for itself, as a separate and distinct company, and each assuming its own proportion of the obligations above mentioned, and no more, having accepted the foregoing modifications of their respective bids, suggested by the Governor, it is agreed by said companies, each one acting separately for itself, and by James M. Smith, Governor of said State, that the said convicts be leased to said three companies, above mentioned, in the proposition as to number and upon the terms herein before specified, each company to give bond, vlith approved security for its o .vn part of the obligation devolved upon it by the acceptance of the bid, modified, aforesaid in the following sums, to wit : The Georgia Penitentiary Company, No 1, composed of the said Dade Coal Company, in the sum of twenty-five thousand dollars; and the Georgia Penitentiary Company, No.2, composed of B. G. Lockett, L. A. Jordan, W. B. Lowe and J. B. Gordon, in the sum of thirty-seven thousand and five hundred dollars; and the Georgia Penitentiary Company, No. 3, whose stockholders are Thomas .-\lexander. W. D. Grant, W. W. Simpson, John W. Murphey, Wm. H. Howell, in the sum of thirtyseven thousand five hundred dollars. Each of said bonds to have proper conditions for the management, control and safe keeping of said contracts according to law, and to

SEPTEMBER 22, 18R I.

the rules and regulations prescribed for the government of the Penitentiary.

And, in view of the tact that existing contracts of lease .may be cancelled before the 1st day of April, 1879. the time at which all the present leases expire, it is further agreed that, in all such cases, the lessees under this contract shall take possession of all convicts which may thus fall upon the hands of the State, and shall hold, manage and control the same according to the IJrovisions of this contract, and of the,e bonds given under the .same, and shall be respectively bound to pay for said convicts until the said first day of April, 1879, at the rate of eleven dol lars, per capita, per annum.

In consideration whereof, the parties to this contract have

hereunto set their respective hands and seals the day and

year above written.

.]AS M. s~IITH, Governor [Seal.]

The Dade Coal Co., by JosEPH E. BR0\\":'-1, P1cs. [Seal.]

B. G. LocKETT,

[Sea.]

L. A. jORDA:-<, vV. B. LowE, J. 13. GoRDON,

[Seal.]
[Seal. J [Seal. J

THos. ALEXANDER,

[Seal.]

W. D. GRANT, \V. W. S I MPS0::-1,

[Seal.]
[Seal. J

). W. MURPHEY, W. H. HoWELL,

[Seal.]
[Seal l

EXECUTIVE DEPARTMENT, ATLANTA, GA, August 30, 1881. hereby certify that the within is a true copy of the contract between the Governor of this State and Penitentiary Companie~, Nos. 1, 2 and 3, for the lease of Penitentiary convicts for the term of twenty years, from and after the 1st of April, A. D., 1879, as the same appears of record in the minutes of the Executive Department of said State.

jOURNAL OF THE SENATE,

Witness my hand and the seal of the Executive Depart-

ment, the day and year first above written.

(Signed)

J. W. WARREN, Sec. Ex. Dept.

Seal of Executive } { Department.

ExHilliT E.
BO.,D GIVEN BY THE DADE COAL CO)IPAN\' TO THE SE!'\ATI<: FOR
THE LEASE OF CONVICTS.
Know all men by these presents, that we, the Dade Coal Company as principal, and Joseph E. Brown. John T. Grant, William C. Morrill and Jacob W. Seawr as securities, are held and firmly bound unto James M. Smith, Governor of said State, and his successors in office, in the sum of thirty-seven thousand and five hundred dollars, for the payment of which we bind ourselves, our heir:>, execulors and administrators jointly and severally, firmly by these presents.
Signed, sealed and delivered by us this, the 21st day of June, A. D. 1876.
The condition of the above bond is a..; follows:
The said James M. Smith, as Govern r aforesaid. under and by virtue of the authority vested in him by an act passed at the last session of the General Assembly of said State, entitled an act to regulate the leac;ing out of the Penitentiary convicts by the Governor, authorizing- him to make contracts relating theret~, and for other purposes, having hired and farmed out a part of said convicts to said principal, as by a contract of lease bearing even date with these presents will more flllly appear, for and during the term of twenty years from and after the Ist day of April, 1879. subject to be ended by the pardon or termination of the sentence of said convicts, or either of them, or the cancellation of the contract by the Governor, according to law.

SEPTEMBER 22, I88I.

Now, if the said principal shall pay its pro rata proportion of the annual rental according to the tenor of said con tract, as required by law, and shall pay all expenses of transportation of convicts from the counties where convicted, to the Penitentiary, shall treat the convicts with the humanity required by law, shall keep them securely with ' out expense to the State, and with such guards and safeguards as the law requires, and manage and keep them .in accordance with the rules and regulations now of force, or which may hereafter be legally adopted for the control of said convicts, nor work them outside the limits of this State; nor longer each day than the law allows; nor on the Sabbath day; nor inflict corporal punishment upon any of them unless the same shall be absolutely necessary to secure such discipline, and shall not sub.let, or lease, or hire said convicts, or a11y of them, to others; and shall report, under oath, all escapes and the circumstances attend ing the same, as required by law, to the principal keeper of the Penitentiary, and shall pay the damages specified by law, of each negligent escape; and shall discharge each convict immediately upon the expiration of the term for which he or she may have been sentenced, and shall work said convicts and keep them employed as directed by law; and shall discharge all convicts legally pardoned, and shall, when this letting is ended by time or by cancellation by the Governor, return them to the State at such place as the Governor may .direct; and shall in all respects discharge their duty under the law, touching the management, control and keeping of said convicts, then the above bond to be void, else to remain in full force and virtue.

Signed, sealed and delivered in the presence of witnesses.

The Dade Coal Co., by JosEPH E. BRoWN, Pres. ~Seal.l jOSEPH E. BROWN, Surety. Seal.

JoHN T. GRANT, Surety. Seal.

W. C. MoRRELL, Surety. Seal.

JACOB W. SEAVER.

Seal.

By JosEPH E. BROWN, Attorney in fact.

JouRNAL OF THE SENATE,
Mr. McDaniel, chairman of the Committee on the Judiciary ; Mr, Butt, chairman of the Committee on Railroads ; Mr. Fouche, Chairman of the Committee on Finance ; Mr. Winn, Chairman of the Committee on Corporations, and Mr. Byrd, Chairman of the committee on Agriculture, made reports from their respective committees.
By res'olution of Mr. Butt, the Hon. B. P. Hollis, of the county of Sumter, was invited to a seat on the floor of the Senate during his stay in the city.
The bill of the House to create a Board of Commissionsioners of Roads and Revenues in the county of Hancock, was withdrawn by Mr. Jordan, with consent of the Senate.
The following message was received from the House of Representatives through Ylr. Hardin, the Clerk thereof:
Mr. President: The House of Representatives has passed the followiug
bills, to-wit:
A bill tu incorporate the Savannah Freight Tramway Company, and for other purposes; also,
A bill to incorporate the Set.vannah Transportation Company, and for other purposes ; also,
A bill to amend section 163 I of the Code of 1~73; also,
A bill to appropriate money for the compensation of
Van Dyke, Cook & Van Dyke, and N. J. Hammond,
attorneys at law, for services rendered the State in certain cases; also,
A bill to amend the road laws of this State, so as to authorize and require county officials having the control ol public roads in the several counties in this State to grant an order authorizing any citizen to place a gate across said public road upon a proper case made, and for other purposes ; also,
A bill to extend the provisions of sections 1449, 1450, 145 I, 1452, 1453 and 1454 of the revised Code of Geor-

SEPTEMBER 22, 1881.
gia to militia districts of said State, and for other purposes ; also,
A bill to authorize the compromise and adjustment of . the claims due Howard Van Epps for insolvent costs due him as Solicitor-General of the City Court of Atlanta,
and to provide for the payment thereof ; also,
A bill to incorporate the Romney Marsh Canal and Navigation Company ; to grant certain privileges therein named, and for other purposes; also,
A bill making additional appropriatipns to those con tained in the last general appropriation act, approved Dec. 6, 1880, and which was omitted therefrom, and for other purposes ; also,
A bill to provide for carrying into effect paragraph 3, of section 1, article 2, of the Constitution of this State, and to repeal an act entitled an act to carry into effect paragraph 3, section 1, of article 2 of the Constitution of this State, approved Oct. 14, 1879; also,
A bill to amend an act entitled an act to create a Board of Commissioners and Revenues for the county of Taylor, and for other purposes ; also,
A bill to make it unlawful for any person owning or controling any cotton compress to cut from any bale of cotton any bagging enclosing the same, and to provide a penalty then:for ; also,
A bill to incorporate the Cumming and Suwanee Railroad Company; also,
A bill to incorporate the Indian Springs Railroad Company; also,
A bill to correct an error in a date occurring in an act approved August 24, 1881, during the present session of this General Assembly; also,
A bill to amend section 3214 of the Revised Code of this State ; also,
41

} OURNAL OF THE SENATE,
A bill to provide compensation for the Commissioners of Roads and Revenues for the county of Dougherty, and the manner of paying the same; also,
A bill to amend an act entitled an act to provide for the manner of tax sales by municipal corporations in this State, and for other purposes, approved February 27, 1877; also,
A bill to amend an act entitled an act to open and construct a railroad from Athens, Ga., to Clayton, Ga., via Clarksville, in Habersham county, approved October 27, 18]0, and for other purposes; also,
A bill for the incorporation of companies formed within this State to navigate the ocean, seas and rivers by steam vessels; to define the powers and liabilities of the same, and for other purposes ; also,
A bill to appropriate money to the State Deaf and Dumb Asylum for the purpose of erecting a building to be used as a chapel and school room, and for other purposes; also,
A bill to be entitled an act- to fix and determine the manner of returning for taxes lands divided by county lines; also,
A bill to incorporate the Gainesville, Blairsville and State Line Railroad Company, and for other purposes; also,
A bill to amend an act to incorporate the Walton Railroad Company, approved August 27, 1872, and for other purposes; also,
A bill to create a Board of Commissioners of Roads and Revenues in the county of Polk, and to prescribe its pow ers and duties ; also,
A bill to abolish the County Court of Screven county, and for other purposes ; also,
A bill to establish a Board of Commissioners for Screven county, and for other purposes ; also,

SEPTEMBER 22, I 88 I.
A bill to authorize the Town Council of Thomaston, in Upson county, to issue and sell bonds, and for other pur poses ; also,
A bill to prohibit hunting or fishing on the lands of another in the county of Tatnall, and for other purposes; also,
A bill to amend an act entitled an act to regulate the manner of letting out contracts to build and repair public buildings, bridges and other public works in the several counties of this State, and f0r other purposes, approved September 29, 1879; also,
A bill to require the owners of all horses, mules and other stock of every description to keep the same from running at large upon the lands of another in Putnam county, and for other purposes.
The House of Representatives has also concurred in the Senate's amendments to the following bills of the House, to wit:
A bill to incorporate the Covington and South River Railroad Company, and for other purposes; also,
A bill to regulate the sale of spirituous liquors in the county of Gwinnett.
The House of Representatives has also passed the following bills, to-wit :
To repeal an act entitled an act to encourage immigration to Georgia, and for other purposes; also,
A bill to amend an act entitled an act to amend section 3514 of the Code of 1873, approved Feb. 24, 1877.
The House of Representatives has also agreed to the following resolution, in which they ask the concurrence of the Senate, to-wit :
A resolution requesting the Governor to have the obstructions in the S~vannah River, above Augusta, investigated.

}OUHNAL OF THE SENATE.

The Senate took up the report of the Committee on .the Judiciary on the bill of the House to amend section 829 of the Code of 1873, and to regulate the returns of tax on plantations through which county lines run.

This bill was reconsidered September 5, and recom-
mitted to the Judiciary Co:nmittee, by a majority of whom the same was reported back to the Senate with the recommendation that the bill do pass with certain amendments, while the minority reported adversely to its passage.

The amendments were adopted.

The report of the majority w..ts agreed to.
Mr. Hackett called for the previous question, which was ::;cconded, and the main question was submitted to the Senate, to-wit :

Shall this bill now pass ?

The bill was read the third time and the ayes and nays were, by :\'lr. Winn, required to be recorded.

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

Baggs. Brown, Cn,tis,
De!:nHrl.
}'..Dtl~"~"haer:
Gu~rn.
Har.e.l,

Haw<'~,
Hicks, .Tordan, Johnson,
I~ing,
:\ltddrim. Neal,

Payne,
Smith of the 5th, Smith of the 15th, Smith of the 23d, Storey, Winn, Woodward.

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

Baker, Bark:;tlale, Bond, Butt, Bynl, Gommn,
Ayes, 22.

Hackett,
~IcDaniel,
;\fattox, 11Ic Whorler, 1\Ioseley,
Nays, r6.

Park8, Reitl, Suddath, Treadwell, Westbrook.

So the bill not having received a con5titutional majority, was lost.

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

SEPTE~IDER 22, I88I.
Mr. Mc\Vhorter, chairman of the Committee on Enrollment, submitted the following report:
Mr. President:
The Committee on Enrollment report as duly enrolled, Signed by the Speaker and Clerk of the House of Representatives, and ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit :
An act to incorporate the Logansville Railroad Company.
An act to regulate the sale of spirituous liquors in the county of Gwinnett.
An act to relieve E. Polk, security on Jett Dobbs' forfeited bond.
An act to incorporate the Covington and South river Railroad Company.
An act to amend an act approved August 26, 1879, en. titled an act to prevent the driving or grazing of diseased cattle, etc.
An act to appropriate money to pay bond No. 225 of the State of Georgia.
An act to appropriate money to refund double taxes il. legally collected from the Westchester Fire Insurance Company of New York.
An act to compensate the Board of Roads and Revenues of Taliaferro county for services rendered.
An act to appropriate money to refund double taxes illegally collected from the Germ:1n A mcrican Insurance Company of New York.
An act to appropriate money to refund double taxes illegally collected from the Franklin Insurance Company of Philadelphia.
An act to appropriate money to refund triple taxes illegally collected from the Fire Association of Philadelphia.

JouRNAL oF THE SENATE,
An act to appropriate money to refund donble taxes illegally collected from the Niagara Fire Insurance Company of New York.
An act to appropriate money to refund double taxes illegally collected from the Manhattan Fire Insurance Company of New York.
An act to fix the time of holding the Superior Court for the county of Mitchell.
An act to establish a City Court in the county of Richmond.
An act to appropriate money to refund double taxes illegally collected from the Atlantic Fire Insurance Company of New York.
An act to appropriate money to refund triple taxes illegally collected by the State of Georgia from the Girard Fire Insurance Company of Pennsylvania.
An act to appropriate money to refund double taxes illegally collected from the Continental Insurance Company of New York.
An act to appropriate money to refund double taxes illegally collected from the Phcenix Insurance Company of Brooklyn, New York.
An act to appropriate money to refund triple taxes il legally collected from the Insurance Company of North America of Philadelphia.
An act to appropriate money to refund triple taxes illegally collected from the American Insurance Company of Philadelphia.
An act to appropriate money to refund double taxes illegally collected from the Lorillard Fire Insurance Company of New York.
An act to appropriate money to refund double taxes illegally collected from the Williamsburg Fire Insurance Company of New York.

SEPTEMBER 22, r88r.
An act to appropriate money to refund triple taxes illegally collected from the Pennsylvania Fire Insurance Company; also,
A resolution providing for the pay of mileage to members of the General Assembly.
Respectfully submitted. R. L. McWHORTER, Chairman.
The Senate took up the report of the Judiciary Committee on the bill of the House to authorize municipal corporations in this State to provide by ordinance for the forfeiture and collection of appearance bonds, and authorize the officers presiding in any municipal court to bind over -or commit to jail for violations of State laws, and for other purposes.
The report, which was favorable, was agreed to.
The bill was read the third time and passed by a constitutional majority, there being ayes, 30; nays, o.
The Senate took up the report. of the Committee on Corporations on the bill of the House to amend an act chartering the Talbotton Branch Railroad Company, approved August 23, 1872, by striking out the word ''Branch" from the name of said Railroad Company.
Proof of due legal notice was sub{Jlitted to the Senate.
The report, which was favorable, was agreed to.
The bill was read the third time and passed by a con-stitutional majority of ayes, 29 ; nays, o.
The Senate took up the report of the Finance Committee on the bill of the House to enlarge the powers of County authorities in this State as to levying taxes for pauper purposes.
The report, which was favorabh~, .was agreed to.
The bill was read the third time' and passed by a consti.tutional majority of ayes, 3 l ; nays, o.

jOURNAL OF THE SENATE,
The Senate to::>k u~ the report of the Committee on Agriculture on the bill of the House to protect the farming interests of Monroe county, in this State, by making parties who permit animals to run at large liable in damages for any trespass which such animals n.ay commit, and for other purposes.
Satisfactory proof of legal notice was submitted to the Senate.
The report, which was. favorable, 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 the report of the Committee on Banks on the bill of the House to incorporate the Citizens Savings Ba ~k of Savannah.
Said committee reported in favor of the passage of the bill, with certain amendments, which were adopted.
The report was amended, on motion of Mr. Winn, as follows: Amend section IO by adding at the end thereof the following words, to-wit: " At the time the debt was created."
The report, as amended, was agreed to. The hill was read the third time and passed, as amended, by a constitutional majority, the~e being ayes, 30; nay!', o.
Proof of due legal notice was submitted to the Sen<>-te.
The Senate took up the report of the Judiciary Committee on the bill of the House to authorize the Mayor and Council of the City of Macon to submit to the qualified voters of said city the que;;tion of purchasing the Holdridge property for a school house for colored children, and whether the debt of said city shall be increased $2,500 therefor, and for othe.r purposes.
Proof of due legal notice was submitted to the Senate. The report, which wils1 favorable, was agreed to.
The bill was read the third time and passed by a constitutional majority of ayes, 3 r; nays, o.

SEPTEMBER 22, d~8 r.

The Senate took up the re~ort of the Judiciary Committee on the bill of the House to amend the several acts incorporating the City of Macon, in the county of Bibb; to abolish the Mayor's Court of said City, and to create and establish in lieu thereof a Recorder's Court for said
city; to define the jurisdiction of such court; io provide
for the election of a City Recorder, and for other purposes_
Proof 0f due legal notice was submitted to the Senate_ The report, which was favorable, was agreed to. The bill was read the third time and passed, by a constitutional majority, there being ayes, 25; nays, o.
Temporary leave of absence was granted the committee to inquire into and report upon the lease of the Western and Atlantic Railroad.
The following bills of the House were read the first time, and referred to the Committee on the Judiciary, to-wit:
A bill to abolish the County Court of Screven county.
A bill to fix and determine the manner of returning for taxes lands divided.

A bill to amend an act to create a Board of Commis-

sioners of Roads and Revenues for the county of Taylor,

etc., approved October 20, 1879.

'

A bill to provide for carrying into effect paragraph 3, of section 1, article 1 I of the Constitution of this State, and to repeal an act to carry into effect paragraph 3, section I, of article 1 I, of the Constitution of this State, approved October I I, I879-

A bi:J to amend the several acts in relcttion to the letting out contracts for public buildings, etc., and for other purposes.

A bill to amend an act to amend section 3374 of the Code of 1873, approved February 24, 1877, etc.

6go

JoURNAL OF THE SENATE,

A bill to create a Board of Commissioners of Roads and Revenues in the county of Polk.
A bill to amend section 32 r4 of the revised Code of this State, which relates to practice in the Supreme Court, and for other purposes.
A bill to authorize the compromise and adjustment of the claims due to Howard Van Epps for insolvent costs <lue him as Solicitor-General of the City Court of Atlanta, and to provide for the payment of the same.

A bill to amend the road laws of this State, so as to authorize and require county officia's having control of public roads in the several counties in this State, to grant an order authorizing any citizen to place a gate across said public road, upon a proper case made, and for other purposes.
A bill to amend an act entitled an act to provide for the manner of tax sales by municipal corporations in this State, and for other purposes, approved February 27, 1879
A bill to amend section 1631 of the Code of 1873 ; and
A resolution requesting the Governor to have the obstructions in the Savannah River, above Augusta, investigated.
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's amendments to the following bills of the House, to-wit:
A bill to incorporate the Rome Southern Railroad Company; also,
A bill to prohibit the sale of liquor within three miles .of any church in the City of Forsyth ; also,

SEPTEMBER 22, r88r
A bill to incorporate the Atlanta Hom.! Insurance Company; also,
A bill to amend the charter of the Town of Hampton, in Henry county; also,
A bill to incorporate the Chattahoochee Canal Company; also,
A bill to alter and amend the charter of the Bainbridge, Cuthbert and Columbus Railroad; also,
A bill to prohibit the sale of intoxicating liquors in Burke county; also,
A bill to provide for a record of wild lands in each county, and to .provide for the giving in of wild lands in the county where they are situated.
The House of Representatives has also passed the following bill, to-wit :
A bill to appropriate money for the payment of balance
of salary of vV. W. Holt, formerly Judge of the Superior
Court of the Middle Circuit of Georgia.
The following bills of the House were read the first time, and referred to the Committee on Corporations, to-wit :
A bill to correct an error of date in an act approved August 24, 1881, entitled an act to change the several acts incorporating the town of Conyers.
A bill to incorporate the Cummings and Suwanee Railroad Company,
A bill to incorporate the Savannah Freight Tramway Company, and for other purposes.
A bill to incorporate the Romney Marsh Canal and Navigation Company, etc.
A bill to incorporate companies formed in this State to navigate the ocean, seas and rivers by steam vessels, etc.
A bill to incorporate the Savannah Transportation Company, etc.

6.)2

JOURNAL OF THE SENATE,

The following bills of the House were read the first time, and referred to the Committee on Finance, to-wit:
A bill to provide compensation for the Commissioners of Roads and Revenues for the county of Dougherty.
A bill making additional appropriations to those contained in the last general appropriation act, approved Deeember 6, I88o, and which was omitted therefrom, and for other purposes.

A bill to appropriate money for the compensation of VanDyke, Cook & VanDy~e, and N. ]. Hammonc1, attor neys and solicitors, for services rendered the State.
A bill to appropriate money to the State Deaf and Dumb Asylum, for the purpose of building a chapel and school room, and for other uses and purposes ; and
A bill to establish a Board of Commissioners for Screven county, and for other purposes.
The following bills of the House were read the first time, and referred to the Committee on Agriculture, to-wit :
A bill to prohibit hunting or fishing on the lands of another in the county of Tatuall, and to define who shall prosecute, and to prescribe a punishment therefor, and for other purposes.
A bill to require the owners of all horses, mules, cows, sheep, goats, etc., to keep the same from running at large upon the lands of another in Putnam county, etc.
A bill to repeal an act to encourage immigration to Georgia, and for other purposes, approved October 17. I 879.
A bill to make it unlawful for any person or persons owning or controlling any cotton compress, to cut from any bale of cotton any bagging enclosing the same, and to provide a penalty ; and
A bill to extend the provisions of section 1449, I450, I45 I, 1443 and I454. of the revised Code of Georgia,

SEPTEMBER 22, 188 r.

653

which relate. to the fence and stock laws, by making the same applicable to militia districts, etc.

The following bills of th~ House were read the first

time, and referred to the Committee on Railroads and In.

ternal Improvements, to-wit :



A bill to amend an act to incorporate the \Valt:n Railroad Company, approved August 27, 1872, and for other purposes.

A bill to incorporate the Indian Springs Railroad Company.
A bill to amend an act to open and construct a railroad from Athens, Ga., to Clayton, Ga., via Clarksville, or some point on the Blue Ridge Railroad, near Clayton, etc.; and
A bill to incorporate the Gainesville, Blairsville and State Line Railroad Company, and for other purposes.
The bill of the House to authorize the Town Council of Thomaston, in Upson county, to issue and sell bonds to the amount of Ss,ooo, and for other purposes, was read the first time and referred to the Committee on Ec1ucation.
The following message was received from the House of Representatives, through \fr. Hardin, the Clerk thereof :

Mr. President :

The House of Representatives has passed the following bills, towit :
A bill to promote medical science in this State by providing for the furnishing of the bodies of certain persons for dissection, and for other purposes.
The House of Representatives has also passed the following resolutior., in which they ask the concurrence of the Senate, to-wit :
A resolution authorizing the Governor to make an investigation as to the lease of the Indian Springs reserva tion.

JouRNAL OF THE SENATE,

The Senate took up the report of the ~ommittee on Corpor~tions on the bill of the House allowing the voters of Macon county to pass upon the question of prohibiting the sale of spirituous liquors in said county.

Proof of due legal notice was submitted to the Senate.

The report, which was favorable, was agreed to.

The bill was read the third time and passed by a constitutional majority of ayes, 24; nays, o.

The Senate took up the report of the Committee on Corporations on the bill of the House to amend an act to incorporate the town of Lawtonville, approved December 14, 1871.

Satisfactory proof of legal notice was submitted to the

Senate.

The report, which was favorable, was agreed to.

The biH was read the third time and passed by a constitutional majority of ayes, 25 ; nays, o.

The Senate took up the report of the Finance Committee on the bill of the House to make permanent the income of the University of Georgia, and for other purposes.

The report, which was favorable, was agreed to.

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

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

Baggs,
Baker, Barksdale, Brown, Bond, Byrd,
Curtis, Denmark, Duggar, Fouche, Gorman,

Harris,
Harrell, Hicks,
Jordan, Jobnson, 1\'IcDaniel,
Mattox, Moseley, Neal, Payne,
Smith of the 5th,

Smith of the 15th, Smith of the 23d,
l:ltorey,
Suddath, Treadwell,
Westbrook, Wilson, Winn,
Woodward.

Ayes, 31. Nays, o.

SEPTEMBER 22, I88I.

..,

The Senate took up the report of the Committee on th:e Judiciary on the bill of the House to extend and make applicable the provisions of sections 1449, 1450, 145 I, 1452, 1453 and 1454, of the revised Code o( Georgia of 1873, to 37th, 38th and z6oth Districts, Georgia militia, of the county of Screven, and State of Georgia, and for other purposes.
Proof of legal notice ~as submitted to the Senate.
The report, which was favor'able, was agreed to. The bill was read the third time and passed by a constitutional majority, there being ayes, 26; nays, o.
The Senate took up the report of the Judiciary Committee on the bill of the House to authorize the County Commissioners of Twiggs county to purchase property offered for sale for State and county taxes due in said county, and for other purposes.
Proof of due legal notice was submitted to the Senate.
The report, which wa!) favorable, was agreed to.
The bill was read the third time and passed by a constitutional majority, there being ayes, 29 ; nays, o.
The Senate took up the report of the Judiciary Committee on the bill of the House to prohibit the selling and furnishing of any spirituous, vinous or malt liquors at any point within the 483d District, Georgia militia, commonly known as Howard's District, in Bibb county, within three miles of any house of public religious worship, or any school house within the limits of said district, and to provide a penalty for the same.
Proof of due legal notice was submitted to fhe Senate.
The report, which was favorabie, 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 the report of the Committee on Corporations on the bill of the House to incorporate the

JOURNAL OF THE SENATE,
Dahlonega, Dawsonville and Gainesville Telegraph and Telephone Company, in the State of Georgia.
Proof of due legal notiCe was submitted to the Senate. Said committee reported in favor of its passage, with <:ertain amendments, which were adopted. The report was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority of ay.es, 26; nays, o.
The Senate took up the report of the Judiciary Committee on the bill of the House to amend section 3509 of the Code of 1873.
The report, which was favorable, was agreed to.
The bill was readthe third time and passed by a constitutional majority, there being ayes, 24; nays, o.
The Senate took up the report of the Committee on Railroads 'bn the bill of the House to authorize the survey, building and equipping a railroad from Covington, New- ton county, Georgia, to the Ocmulgee river; to be known as the Covington and Ocmulgee Railroad, and for_ other purposes.
Proof of due legal notice was submitted to the Senate.
_The report, which was favorable, was agreed to.
The bill wasread the third time and passed by a constitutional majority, there being ayes, 25 ; nays, o.
The Senate took up the report of the Commitree on Railroads on the bill of the House to incorporate the Elberton and Petersburg Railroad Company.
Proof of legal notice was submitted to the Senate. The report, which was favorable, 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 on Railroads .on the bill of the House to incorporate the

SEPTE)IBER 22, r88 r.

657

Etowah and Blue Ridge Railroad Company, and for other purposes.
Proof of legal notice was submitted to the Senate.
The said committee reported in favor of its passage, with amendrr:ents, which were adopted.
The report was agreed to. The bill was read the third time and p:1ssed, as amended, by a constitutional majority of ayes, 25; nays, o.
The Senate took up the report of the Judiciary Com_ mittee on the reconsidered bill of the House to exempt toll cotton, under certain circumstances, from seizure and sale, etc.
The rep@rt, which was favorable, was agreed to. The bill was read the third time and passed by a con stitutional majority of ayes, 28 ; nays, o.

The Senate took up the report of the Judiciary Committee on the bill of the House to change the time of holding the Superior Court for the county of Clayton, and for other purposes.
The report, which was favorable, was agreed 'to.
The bill was read the third time and passed by a constitutional majority, there being ayes, 30; nays, o.
The Senate took up the report of the Judiciary Committee on the bill of the House for the appointment _of county police or patrol for the territory of H.ichmond county, outside of the City of Augusta.
Proof of due legal notice was submitted to the Senate.
The report, which was favorable, 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 the report of the Committee on Agriculture on the bill of the House to regulate the man-
42

JouRNAL OF THE SENATE,
ner of letting out contracts to build or repair public buildings, bridges, causeways or other public works in the county of Polk, and for other purposes.
Proof of due legal notice was submitted to the Senate.
The report, which was favorable, was agreed to.
The bill was read the third time, and passed by a con-
stitutional majority, there being ayes, 27 ; nays, o.
The bill of the House to levy and collect a tax from dealers in iron safes in this State was taken up, read the third time and laid on the table.
The Senate took up the report of the Judiciary Committee on the bill of the House to amend section 4194 of the Code of 1873, which prescribes the time \fithin which answers must be filed in equity cases by providing for cases where demurrers or plec.s are filed, but not determined at the first term.
The report, which was favorable, was agreed to.
The bill was read the third time and passed by a constitutional majority, there being ayes, 26; nays, o.
The Senate took up the report of the Committee on Railroads on a bill of the House to incorporate the South Side Street Railroad Company, for the purpose of building a street railroad on Prior and Richardson streets, and other streets in Atlanta, Georgia, and for other purposes.
Proof of due legal notice was submitted to the Senate.
The said committee reported in favor of its passage, with amendments, which were adopted.
The report was agreed to.
The bill was read the third time and passed, as amend-
ed, by a constitutional majority of ayes, 27 ; nays, o.
The Senate took up the report of tlie Judiciary Committee on the bill of the House to regulate the practice in equity causes referred to Masters in Chancery, and to pre-

SEPTE:IIBER 22, I88r.
scribe the mode of trial of exceptions filed to the reports of Masters in Chancery, and for other purposes.
Said committee reported in favor of its passage with amendments, which were adopted.
The report was agreed to. The bill was read the third time and passed, zs amended, by a con,;titutional majority of ayes, 25; nays, o. The Senate adjourned on motion, until 4 o'clock P. :11.
4 o'clock, P. liL The Senate met pursuant to adjr:urnment, the President in the chair. ~lr. Fo~che, chairman of the Committee on Finance, made a report, which was read. Mr. Byrd, chairman of the Committee on Agriculture, made a report, which was read. The following bills of the House 'Nere read the second time and passed to a third reading, to-wit: A bill to incorporate the Georgia Southern and Florida Railroad Company, and for other purposes. A bill to incorporate the Elberton and Point Peter Railroad Company. A bill to require the chairman of the House Committee on Finance to keep a register of certain bills, and for other purposes. A bill to charter the Middle Georgia Railroad Company, and for other purposes. A bill to alter and amend section 4368 of the Revised Code of Georgia, and an act approved February 28, 1876, amendatory thereof, etc. A bill amendatory of the several acts incorporating the Baptist Convention of Georgia, and for other purposes. A bill to enable the Trustees of the University of Geor-

66o
gia to inaugurate a system of free tuition in that insti tution.
A bill to amend the sewral acts creating Commissioners of Roads and Revenues for the counties of Jones, Chattahoochee, Douglas, Bulloch and Heard, so far as the same relates to county of Douglas.
A bill for the better protection of creditors in cases of voluntary assignments by insolvent debtors.
A bill to provide for the payment of Benjamin T. Culp and John B. Burch the reward offered for the arrest of Charles F. Kelley.
A bill to amend section 4505 of the Code of Georgia, which requires Justices of the Peace and :.Jotaries Public to keep and exhibit to the grand juries dockets of the cases tried by them.
A bill to authorize the crossing by bridge or track of the outlet of the Savannah and Ogeechce Canal below the lo\Yer lock in the City of Savannah, etc.
A bill to incorporate the town of Millen.
A bill to amend an act incorporating the town of Summerville, in Chattooga county.
A bill to repeal an act to create a Board of Commission-
ers of Reads and Revenues in the county of Madison,
approved Augu,.;t 27. 1872, and an act amendatory thereof entitled an ac:t to amend an act to create a Board of Commi~s!oners of Roads and Revenues in the county of Madi son, approved March 3, 1875.
A bill to amend an act relating to fences and stock, and for the protection of crops, so as to make the same apply to either part or portion of any county that is divitled by any water course, etc.
A bill to prescribe the manner and rr.ode of making returns by insurance companies to the Comptroller-General of this State.

SEPTDIBER 22, I88J.

661

A bill to alter and amend section 3698 of the Code of 1873, in regard to jailor,;, and t') regulate the same.
A bill to provide compensation for the Sheriff of the Supreme Court of this State in pauper cases.
A bill to incorporate the Monticello and Trans-Ocmulgee Railroad Company.
A bill to incorporate the town of Alapaha, in Berrien county.
A bill to incorporate the Covington and North Georgia Railroad Company; and
A resolution in. reference to paying certain coupons of bonds of the Macon and Brunswick Railroad.
The following bills of the House were read the first time and referred to the Committee on the Judiciary, towit:
A bill to promote medical science in this State by providing for the furnishing of the bodies of certain persons for dissection, and for other purposes ; and
A bill to incorporate the town of Grovetown, in the county of Columbia.
The bill of the House to appropriate five hundred and twelve dollars (SS 12 82) and eighty-two cents to the payment of balaJl(;e of salary of \Villiam \V. Hook, formerly Judge of the Middle Judicial Circuit of Georgia, and for other purposes, was read the first time and referred to the Committee on Finance.
The following message was received from the H ousc of Representatives, through 1\Ir. Hardin, the Clerk thereof:

Mr. Presidmt: The House of Representatives has agreed to the follow-
ing resolutions, in which they ask the concurrence of the Senate, to-wit:
A resolution relating to loaning books by the State Librarian; also,

662

JouRNAL OF THE SENATE,

A resolution relating to certain lots of land owned by the State of Georgia on the line of the Macon and Brunswick Railroad ; also,
A resolution requesting the Governor to investigate the case of James Dent0n, a convict lately in charge of the Marietta and North Georgia Railroad; also,
A resolution reqnesting and authorizing his Excellency, the Governor, to call out and employ the volunteer troops of the State to assist the civil author:ties of the county of Chatham and City of Savannah in preserving the peace, suppressing disorder and resistance to the lawful authorities of said county and city, and I am ordered to transmit the same immediately to the Senate.
On motion of l\'Ir. Reed, the Senate took up and concurred in the last foregoing joint resolution from the House, and the Secretary was directed to communicate the action of the Senate to the House of Representatives without delay.
The Senate took up the report of the Committee on Agriculture on the bi!l of the House to prohibit Fshing in
the waters upon the lands of D. Clayton, J. B. Jones and
E. Outlaw, so as to encourage the culture of fish in said waters; said lands lying in the 16th District of Lowndes county, and known as lots Nos. 78, 106, 107, 108, 124 and !54-
Proof of due legal notice was submitted to the Senate.
The report, which was favorable, was agreed to.
The bill was read the third time, and passed by a constitutional majority of ayes, 26; nays, o.
By resolution of Mr. Byrd, the Hon. D. A. Vason, of the county of Dougherty, was invited to a seat in the Senate during his stay in this city.
The following message was received from the House of Representatives through Mr. Hardin, the Clerk thereof:

SEPTEMBER 22, 188 I.
Mr. President:
The House of Represe!1tatives has passed the followiug bills of the Senate, to-wit:
A bill to provide for the better security of life and property from the dangers of coal and petroleum; also,
A bill to require all conditional sales of personal property to be evidenced in writin~, and for other purposes; also,
A bill to protect the public schools, private schools and Sunday schools of this State from disturbance, and to punish those who unlawfully disturb the same; also,
A bill to amend section I 312 of the Revised Code of 1873.
The following bil\ of the Senate was taken up and read, and in::lefinitely postponed, to-wit:
A bill to enlarge the Bo::1rd of Trustees of the U niversity of Georgia, by making certain additions thereto.
The following message was received from his Excellency, the Governor, through Mr. Avery, his Secretary.
Mr. President:
The Governor transmits a sealed message to the Senate, and respectfu~ly asks its consideration in Executive sessiOn:
The Senate took up the report of the Committee on Railroads on the bill of the House to amend an act to provide for the regulation of railroad freight and passenger tariffs in this State, and for other purposes, etc.
The committee reported in favor of its passage, with certain amendments.
Mr. McDaniel required a division of the question on the proposed amendment of the C<?mmittee to strike out sections 4 and 5, and insert in lieu thereof the following, towit: ''Section 4 Be it further enacted by the authority aforesaid, that from and after the passage of this act, the

JOUR~AL Of THE SE~ATE,

salary of the Secretary of the Railroad Commission shall be eighteen hundred dollars per annum."
"Section S Be it further enacted by. the authority aforesaid, that the decision of a majority of the Commission shall be as binding as that of the entire Commission."
The proposition first submitted to the Senate was the motion to strike ou.t section 4 and 5 of the bill.

On this question, Mr. Butt required the ayes and nays tobe recorded.

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

Baggs, Bond,
Butt,
Byrd,

Denmark, Guerry,
Harrell, Hicks,

Jordan, Smith of t!Hl 15th,
Storey, Wilson.

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

Baker, Barksdale,
Curtis, Duggar,
Fouche, Gorm&n, Harris, Hawes, Hackett,

Johnson, King, McDanie'l. Mattox,
McWhorter, Meldrim,
Moseley, Neal, Parks,

Payne, Ueid, Smith of the 5th, Smith of the 2Sd, Suddath,
Treadwell, Westbrook, Winn, Woodward.

Ayes, 12. Nays, 27.

So the motion to strike out did not prevail.

Mr. Butt then moved to amend the report by adding the following as section 6, to-wit: "Be it further enacted by the authority aforesaid, that from and after the passage of this act, the salary of the Secretary of the Railroad Commission shall be eighteen hundred dollars per annum."

On this question, Mr. Butt required the ayes and nays to

be recorded.

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

Baggs, Barksdale, Bond, Butt. Byrd,
Denmark, FouchP, Gorman,

Gnerry, H11nis. Harrell,
Hackett,
Hick~.
Johnson, King,

McDaniel,
Meldrim,
Parks, Heitl, Smith of the 15th,
Westbrook, Winn.

SEPTDJ13ER 22, 188 I.

665

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

Baker, Curtis, Duggar, Hawes, Jordan, :Mattox,
Ayes, 22.

:\lcWhorLer,
~lo;;eley,
Xeal, Payne, Smith of the 51h, Smith of the 23d.
Nays, 17

Storey, Suddath,
Treadwell, Wilson,
\Voodward.

So the amendment was adopted.

Mr. Guerry offered the following amendment, to be known as section 7, to-wit:

'' Be it furtlzer enacted by tfzo a~tthority aforesaid, That the decision of a majority of the Commission shall be as binding as that of the entire Commission.

This amendment was adopted.

The committee also reported the following amendment, to-wit:
Add the following as an addition to the second section : " P1ovided, further, That all connecting railroads which are under the management and control, by lease, ownership or otherwise, of one and the same company, corporation, individual or i1dividuals, or association of individuals, shall be considered and treated as but one and the same road, and the rates of freight upon such roads shall be computed as upon parts of one and the same road; but the said Commissioners may and shall have due regard for the terms and circumstances under which such roads are operated, in exercising their powers and performing their duties under this proviso."

Mr. Johnson called for the previous question, \\"hich was seconded, and the main question was submitted t0 the Senate, viz. :

rst. The foregoing amendment reported by the committee.

On this proposition, the ayes and nays were by Mr. Westbrook required to be recorded.

-666

jOURNAL OF THE SENATE,

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

Butt, Denma1k,
Gorman,
Guerry,

Harrell, Hackett,
Hicks,
Jordan,

Parks, Suddath,
Treadwell,
Wilson.

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

Baggs,
Baker,
Barksdale, Byrd,
Curtis,
Duggar, Fouche,
Harris,

Hawes, Johnson, Kin ..,
Mci5auicl, :Uattox,
~Ic\Vhorter,
Meldrim, :i\Ioseley,

Neal, Payne,
Reid,
Smith of the 5th. Smith of the 15th,
Westbrook, Winn,
Woodward.

Ayes, 12. Nays, 24.

So the amendment was not adopted.

The question recurred on the following amendment proposed by Mr. Fouche, to-wit:

Amend section I by adding the following words thereto : "Said Commission shall also make reasonable and just rates of freight and passenger tariffs, to be observed by all railroad companies doing business in this State, on the railroads thereof, and shall make reasonable and just rates of charges for the use of said railroad cars, carrying any and all kinds of freight and passengers on said railroads, no matter by whom owned or carried ; provided, that said Commissioners shall have power to vary said rates, tariffs and charges to suit the class or condition of the various railroads in this State.

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

.Baggs, Baker, Denmark, Fouche,
Gorman, Guerry, Harrell,
Hawes, Hackett, Hicks,

Jordan, Johnson,
King,
McDaniel, Mattox,
McWhorter,
Meldrim,
Moseley, Neal, Parks,

Payne,
Rdd, Smith, of the 5th, Smith of the 15th,
Snddatb,
Treadwell, Westbrook,
Wil&on,
Wion, Woodward.

SEPTEMBER 22, I 88 I.

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

Barksdale. Butt.

Byrd, Curtis,

Duggitr, Harris.

Ayes, 30. Nays, 6.

So amendment was adopted.

The report, as amended, was agreed to.

The question recurred upon the passage of the bill, as amended.

The bill was read the third time, and on the question of its passage, as amended, the ayes and nays were required to be recorded.
Those who voted in the affirmative are, to-wit-~1essrs.

Baker,
Barksdale,
Curtis, Duggar,
Fouche, Gorman, Harris,

Hackett,
Johnson,
1\icDaniel, 1\Iattox,
McWhorter, .Meldrim, Neal,

Payne, Reid,
Treadwell,
Westbrook, Winn,
Woodward.

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

Bago!S, Butt, Bvrd. Dimmark Guerry,

Harrell, Hicks, Jordan, King, Moseley,

Parks, Smith of the 5th, Amith of the 15th, Suddath, Wilson.

Ayes, 20. Nays, I 5 So the bill not having received a constitutional majority, was lost.

Mr. McWhorter, chairman of the Committee on Enrollment, submitted the following report :

Mr. Presidmt .
The Committee on Enrollment report as duly enrolled, signed by the Speaker and Clerk of the House of Repre. sentatives, and ready for the signatures of the President and Secretary of the Senate, the following resolution, to-wit:
A resolution requesting and authorizing the Governor to employ such portions of the volunteer militia as he may

668

JOlJRNAL OF THE SENATE,

deem necessary for the s;ppression of violence in the City of Savannah.
Respectfully submitted. R. L. Mc\VnoRTER, Chairman.
The Senate, on motion,. adjourned until 9 o'clock, A. )1. to morrow.

SENATE CHAMBER, ATLANTA, GA.,

Friday, September 23, r88r, 9 o'clock A. M.

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

Prayer was offered by the Rev. Mr. Cook of the county of Fulton.

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

Baggs, Baker, Barksdalr,
Brown, Bond, Butt, Byrd, Curtis, Denmark,
FDon~"cghaer; Gorman, Guerry, Harris,

Harrell, Hawes,
Hackett, Hicks, Jordan, J,,hnson,
King, McDaniel,
McWhorter, 1\Iattox, Meldrim, 1\-Ioseley, Neal, Parks,

P~tyne,
Reid, Smith of the 5th, Smith of the 15th, Smith of the 23rrl, Storey, Suddath, Treadwell, Westbrook, Wilson, Winn,
Woodward,
MR. PRESIDENT.

:vir. \Vestbrook moved that in reading the Journal, reports of committees and messages be passed without being read.
The Journal was then read and approved.
Mr. Jordan moved a reconsideration of so much of the Journal of yesterday as relates to the refusal to pass the reconsidered bill of the House to amend section 829 of the Code of r873, and to regulate the returns of tax qn plantations through which county lines run.

SEPTDmER 23, r88r.

66g

The President announced that the bill having been reconsidered once, it was not in order to reconsider again.
Mr. Jordan appealed from tt>is ruling of the chair.
The question shall the decision of the chair stand as the rule of the Senate, was submitted and was decided affirmatively.
Mr. McDaniel moved to reconsider so much of the Journal of yesterday as relat~s to the failure of the Senate to pass the bill of the House to amend an act to provide for the regulation of railroad freight and passenger tariffs in this State, etc.
On this question, Mr. But~ required the ayes and nays to be recorded.
Those who voted in the affirmative are, to-wit-Messrs.

Barksdale, Duggar, Fouche.
f~orrnan,
Barri~.

Hackett, Johnson,
McDaniel, ~rc \Vhorter. }1 ltlrim,

Payne, Rtid. vV cstbrook, Winn.
\Voo<lward.

Those who voted in the negative arc, to-wit-Messr~.

Ba~gs.
Baker. Brown, Bonll,
Butt. Byrd,
Curtis. Denmark,

Guerry,
Ha"cs, Hicks, Jordan,
King, }lattox, }loseley, Neal,

Parks, 8mith of the .5th. Smith of llw li'ith, Smith of the 23cl, Sttr ,,_
Sn<ltlttth, Treadwell Wilson '

Ayes, 15- Nays, 24.

So the motion to reconsider did not prevail.

By resolution of Mr. Baker, Hon. washington Dessau, of the City of Macon, was invited to a seat in the Senate during his stay in this city.
Mr. Butt, chairman of the Committee on Railroads ; ::.\1r. :McDaniel, chairman of the Committee on the Judiciary; Mr. \Ninn, chairman of the Committee on Corporations, and, also, as chairman of the Special Committee to examine into and report upon the condition of the Marietta and

670

JouRNAL OF THE SENATE,

North Georgia Railroad, made reports for their respecti\e committees.
Mr. Fouche, chairman of the Committee on Finance; and Mr. Meldrim, chairman pro tem. of the Committee on Education made reports.
Mr. Byrd, chairman pro tem. of the Committee on Edu-
cation, made a report.
The following is the report submitted by ~h. Winn, chairman of the Joint Special Committee to inquire into and report upon the condition of the Marietta and Xorth Georgia Railroad, to-wit :
Mr. Winn, chairman on the part of the Senate to investigate the standing and affairs of the :VIarietta and Xorth Georgia Railroad, submits the following report:
Mr. President:
We, the committee appointed by your joint rcsoluticHl to investigate and report upon the standing of the affairs of the -Marietta and North Georgia Railroad Company with the State, beg leave to report that we have discharged the duty imposed, and find that the company was entitled to have net proceeds of the conYicts for four years, and have received of the State, under the act granting them the Joan of the net proceeds arising from the hire of the convicts of this State, and the purchase of the engine and iron of the Memphis branch road, the sum of $56, 8g8. 28, which was the amount due by the company to the State. for which the State holds the bonds of the company of different dates, and for different amounts, all bearing interest at seven per cent. per annum, and all fall due July 1, 1897.
We find that this sum has been properly expended in the building of the road, as will appear by reference to the report of a committee recently appointed by the Governor to examine and appraise the road, a copy of which report is hereto attached, marked " Exhibit A," by reference to which it will be seen that the road, with its rolling stock

SEPTEMBER 23, 188 I.

371

on hand, May 30, 1881, was appraised by them at $154,824.67, which we think was a fair valuation of the road at that time; and it is but fair :o state that it cost the company a much larger sum than this.
We find that since this appraisement was made, the sum of $42,307.59 has been expended in the further construction and improvement of the road, and that contracts have been given out to the amount of $28, 6oo. oo for rails, engines and cars, which are now being received. We find the work now being done to be far superior to the first twenty miles of the road that has been completed and put in operation ; but there are now several squads of hands engaged in straightening the curves and reducing the grades on the first twenty miles, so as to put it in a first-class condition.

We find it quite a difficult matter to find exactly the the number of convicts in the control of the road at any one time, as they are continually discharging some and receiving others; hut the number now in their control is about one hundred and eighty, about twenty of whom have not been fit for work since their reception, owing to permanent disorders with which they were afflicted at the time of their reception. In addition to this force of convicts, we find in the employ of the company about seventyfive hjred laborers employed in the construction of the road, and about fifty improving the road now in operation. \Ve find that at no one time has the company had the number of convicts given them by the act of the General Assembly, and that the giving of them in small squads at different times, with a considerable proportion of sick, diseased and disabled men and women, and boys, not fit for service, has been a serious obstruction and hindrance to the construction of the road; but hitherto its greatest trouble has been the lack of means, but we are glad to be able to report that we find from contracts submitted to us that the company has about concluded arrangements with a respon-

}OURNAL OF THE SENATE,

sible party with ample means, which arrangements, if car-

ried out and concluded, will secure the completion of the

road to Murphy, N. C., and to Ducktown, Tenn., and to

Rabun Gap in the county of Rabun, within a compara-

tively short time.

The enterprise is an important one, in that it develops

a large section of the State now entirely without railroad

facilities; and the tax digests show a large increase in the

valuation of the property in the counties through which

the road is being located, which increased valuations is

almost solely due to the contemplated building of the road,

and whi _h valuations continue to increase as the road is

extended.

As to the condition of the convicts at this camp,

we must say that we find them well fed and clothed, and

that they have been uniformly treated with kindness aP.d

humanity, with the exception of the convict Matthews,

about which this General Assembly already possLsscs all

the information within our knowledge, and as the grand

jury of Cherokee county have already taken the matter in

charge and indicted the guard for the offense of murder,

we forbear to express any opinion regarding his guilt or

innocence, but leave that matter to the jury by whom he

may be tried; and when they shall have heard all the evi-

dence, or both sides, we doubt not that their verdict will

speak the truth, and if the law has been violated, t:Jat it

will be vindicated upon the person of the individual by

whom the violation was committed, and who, so far as we

can ascertain, was alone responsible for his conduct in this

instance.

Now, ha.ing discharged the duties imposed upon them,

your committee ask to be discharged.

J. WILL

\VIIS'N,

C!tainnan Smale Commi!tee.

W. T. DAY, Clzm'n House Com.
JAS. B. PARKS, vv. M. WILLINGHAM,

Committee on /Ja1'1 of t!te House.

SEPTE~fBER 23, Ig8l.
EXHIBIT A.
MARIETTA, GA., May 30, r88r.
To /lis Excellency, Alfred H, Colquitt, Govenzor:
SIR-In compliance with an Executive order of May 10, inst., the undersigned, appointed Commissioners to examine the condition of the Marietta and North Georgia Railroad, estimate the value of the assets, and to ascertain the amount that has been invested in said road by private parties, have performed the duties to which we were assigned by your order, and respectfully submit the following report:
CONDITI0:-1 OF ROAD.
The road from Marietta to Canton, a distance of twentyfour miles, we find to be completed and in operation. The road is a thirty-six inch guage, laid with a thirty pound iron rail ; track in good condition, with an equipment of two locomotives, four box and three platform cars, all in good condition for transportation of passengers and freight ; in addition to this equipment '"e find six platform cars in process of construction and near]y finished.
CNFIXISHED GRADING.
We find, north of Canton, some six miles of continuous grading about completed, ready for track. This work is well done, and permanent in character. Other detached portions of grading have been completed farther north on line of road beyond the limit of our inspection, and though of value, this work is not taken into consider ation as an asset of the road.
VALVE OF ASSETS.
The following items we regard as tht legitimate assets of the road, and give to each the estimated value specified;
43

Jou~NAL OF THE SENATE.
Completed road, sidings, depots and turn tables, between Marietta and Canton ...........$120,000 oo
Two locomoties, four box and three platform cars ................................................ .. ro,soo oo
Accounts due, and cash on hand ............... .. I,388 22 Six unfinished platform cars ..................... .. I, 104 gi Grading done, timber and ties ddivered north
of Canton.......................................... .. 21,83 I 54
Total value ........................ ............... $r 54,824 67
The books of the Treasurer of the road show the cost of the completed road, rolling stock and value of accounts due to be $rg7,475-23, being $64,482. IO in excess of our estimated value of these items. The returned estimate of the Engineer in charge of construction north of Canton shows, at prices allowed contractors for grading and timber furnished, the value of this work and material to be $28,861. IS; being $7,029.64 more than the estimated value placed by commissioners on same items. \Ve are fully satisfied that our estimated value of the assets of the road is low enough to cover any ordinary contingency.
AMOUNT INVESTED BY PRIVATE PARTIES. We have no means of ascertaining the amount invested by private parties in this road) outside of the books of the Secretary of the road. We attach to this report a statement marked "A," furnished by the Secretary, giving the names of all the stockholders, and the amount of paid up stock held by each, which in amount aggregates as per statement, $Io7,6oo.oo.
CONCLUSION.
While it may not be considered a part of the duty of the Commission to offer any opinion as to the future of the road, we do not think it improper to state that from observation we are convinced, that should the road be completed through the counties of Cherokee, Gilmer,

SEPTE!\fBER 23, I88I.

675

Pickens and Fannin, it will develop one of the most desirable sections of the State, now laboring under the great disadvantage of a want of transportation facilities ; and by this development will add much to the material wealth of Georgia, and greatly increase the value of taxable property in the counties lying along and contiguous to the road. Respectfully,

}. W. ROBERTSOX,}

M. H. Doon-,

Commissioners.

s. F. WALLACE,

On m0tion of Mr. Butt, the bill of the House to authorize the Trustees of the State University to accept, as a branch of said University, a College of Agriculture and

Mechanic Arts and Sciences, at Hamilton, in this State, etc., was recommitted to the Committee on Education, it having been reported upon adversely by the Committee on the Judiciary.

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

A bill to incorporate the Gainsville, Blairsville and State Line Railroad Company, and for other purposes.

A bill to incorporate the Romney Marsli Canal and Navigation Company, etc.

A bill to incorporate the Savannah Transportation Company, and for other purposes.

A bill to change the fiscal year, and to provide when official reports shall be made, and for other purposes.
A bill to amend an act to provide for the manner of tax sales by Municipal Corporations in this State, etc., approved February 27, 1877.
A bill to appropriate $1,500.oo for the purchase of books for the State Library, etc.
A bill to amend an act to open and construct a railroad trom Athens, Georgia, to some point on the Blue Ridge
. Railroad at or near Clayton, approved 6ctober 27, I8Jo.

JouRNAL OF THE SENATE,
A bill to prescribe for the comp;nsation of certain public officers in this State.
A bill to incorporate the Red Line Steamboat Company, and for other purposes.
A bill to create a Board of Commissioners of Roads and Revenues in the county of Polk, and to prescribe it~ powers and duties.
A bill to amend the acts in relation to the letting out contracts for public buildings, etc.
A bill to extend the provisions of sections 1449 1450, 1451, 1452, 1453 and 1454 of the Revised Code of 1873, to Militia Districts.
A bill to make it a misdemeanor for any person or persons to obstruct the free passage of timber upon the several water courses in this State, and provide a punishment therefor.
A bill to authorize the compromise and adjustment of the claims due to Ho,,ard Van Ef.'ps for insolvent costs as SJlicitor of the City Court of Atlanta.
A bill to prohibit the distillation of any grain in this St:~te for twelve months, etc.
A bill to amend an act to create a Board of Commissioners of Roads and Revenues for the county of Taylor, etc.
.\. bill to appropridtl: money to the State Asylum for the Deaf and Dumb, etc.
A bill to require owners of horses, mules, etc., to keep the same from running on the lands of another in Putnam county, etc.
A bill to correct. an error of date occurring in an act approved August 24, r88 I, which i~ an act to change the several acts incorporating the town of Conyers, Georgia, etc.
A bill to appropriate money for the compensation of
Van Dyke Cook & Van Dyke, and N. J. Hammond,

SEP'fE~IBER 23, i8SI.
attorneys and solicitors, lor services rendered the State o Georgia.
A bill to prol;ibit hunting or fishing on the lands of another in the county of Tatnall.
A bill to establish a Board of Comfi1issioners for Screven county. .
A bill to regulate and fix the time of holding elections by the General Assembly.
A bill to require Ordinaries to register the names of persons for \\'hom they shall issue marriage license, and to require Judges, Justices and Ministers of the Gospel to return the same, and for other purposes.
A bill to incorporate the Cummings and Suwanee Railroad Company.
A bil: to appropriate five hundred and twelve dollars and eighty-two cents to the payment of balance of salary of William W. Hook, formerly Judge of the Middle Judicial Circuit, and for other purposes.
A bill to provide ccmpen5ation for the Ccmmissioners of Roads and Revenues of the county of Dougherty, and the man:er of paying the same.
A bill to encourage the building the Marietta and North Georgia Railroad, etc.
A bill for the incorporation of companies formed within this State to navigate the oceans, seas and rivers by steam vessels, etc.
A bill to amend an act to amend section 3574 of the Code of I 873, approved February 24, I 877, etc.
A bill to provide for carrying into effect paragraph 3, of section I, article I I of the Constitution, and to repeal an act to carry into efkct t-aragraph 3, section I, of article I I of the Constitution, approved October 14, I 879.
A bill to promote medical science in this State by providing for the furnishing of the bodies of certain persons for dissection, and for other purposes.

JOURNAL OF THE SENATE,
A bill to fix and determine the manner of returning for taxes, lands divided.
A bill to amend section 1631 of the Code of 1873, which relates to granting license to peddlers, etc.
A bill to incorporate the Indian Springs Railroad Company.
A bill to authorize the council of the town of Thomaston to issue and sell bonds to the amount of Ssooo, etc.
A bill to amend an act to incorporate the Walton Railroad Company, approved August 27, 1872, and for other purposes.
A bill to incorporate the Savannah Freight Tramway Company, and for other purposes.
A bill to make it unlawful for any person or persons owning or controlling any cotton compress to cut from any bale of cotton any bagging enclosing the same.
A bill to repeal an act to encourage immigration to Georgia, and for other purposes, approved October 17,
1879 A bill to abolish the County Court of Screven county,
etc.; and A bill to authorize proceedings in equity in certain cases. Mr. Fouche, chairman of the Committee on Finance,
submitted the following report :
Mr. Preszdent : The Joint Committee on Finance of the Senate and
House of Representatives, have, through sub-committee, examined the offices of the Comptroller-General and State Treasurer, as required by section 186 of the Code of 1873, and herewith submit the report of the sub-committee, which is adopted and presented as the report of the Joint Standing Committee on Finance.
R. T. FoucHE,
Chairman Smate Commz'ttu mz Finance. N. L. HuTCHINs,
Clzaz'nnan House Committee on Fina1tce.

SEPTEMBER 23, I88I.

679

Mr. Guerry submitted the following report of the Joint Finance Committee, which is adopted and made part of the report of said committee to the Senate:

Mr. Clzainnan :
The Joint Standing Committee have examined the accounts and vouchers of the Comptroller General and Treasurer, as required by section 186 of the Code, and respect fully submit that the books of these officers have been neatly and correctly kept, and their annual reports are sustained by the condition of the offices.
The report of the Treasurer showed a balance in the treasury, October I, 1880, of $688,865 47, whichamount is shown on the books; and on the 10th day of N ovember, 1880, J. 'vV. Renfroe, the former Treasurer, turned over the sum of $665,594 97, which amount we find on the books, and the same agrees with the books of the Comptroller-General of that date.
The books of the Treasurer showed a balance on Sep tember 5 (the day your committee began its investigation), of $782,884 84, which amount your committee found in the hands of the Treasurer and the State depositories, an itemized account of which is here appended.
In the opinion of your com~ittee, the Treasurer deserves the gratitude of the people for his conduct in the matter of the State's fund in the Citizens Bank, as well also as for his efficiency and the good management of his office. He found in this bank, when he entered the office,
5332,432 7s-more than half of the whole amount of the
State's funds at that time. He at once began drawing from this bank to meet all the demands of the State, so that at the time of its suspension there was on deposit in said Bank only $103,218 46. Thus, as we think, saving to the State a large sum of money.

68o

JOURNAL OF THE SENATE,

'vVe would respectfully call attention to the condition of the bond book now used. It is much worn and mutilated, and it is with difficulty that any bond, of any issue, can be found. We would suggest that steps be taken to have the record of bonds transcribed in a systematic method into a new book.

Deeming the present vault entirely unsafe, we suggest that an appropriation be made to have the vault made fire and burglar proof, in accordance with a proposition of the Herring Safe Company.

We would further call attention to the accumulation of old vouchers, such as bonds, coupons, warrants, etc., which are fast filling the vaults, to the great inconvenienceof the present and future business of the office, and suggest that the necessary steps be taken to have them destroyed.

We call especial attention to the books of the Comptroller-General's office. Said books are comprehensively, neatly and beautifully kept. The system is so thorough that the condition of any account in the office can be ascertained at a moment's notice.
Respectfully submitted.
DuPONT GuERRY,
J. F. BROWN, w. H. MATTOX,
Smate Committee.

A. W. -HILl,
B. J. DAVIS, s. R. CHRISTIE,
c. D. BACON,
S. D. FeLLER,
House Committee.

SEPTEMBER 23, I88r.

68 I

Statement of t!tc Condition oj tlze State Treasury at t!te close (If business September 5, I 88 I.

Deposit with-

Fourth National Bank (New York) ............ $ 45,069 99

Southern Bank State of Georgia (Savannah).. . 27,397 82

Georgia Railroad Bank (Augusta) ............... . 2R,436 24

Central Georgi;:~ Bank (Macon) .................... . 24, 161 s8

Eagle & Phcenix Bank (Columbus) ............ . 37,780 33

Bank of Americus (Americus) .................... . 29,263 63

Bank of the University (Athens) ................ . 2I,378 25

LaGrange Banking & Trust Co. (LaGrange) .. . 29,726 54

Citizens Bank (Rome) ............................... . 45,013 38

Griffin Banking Co. (Griffin) ...................... .

289 42

Legislative advances................................ 47,628 98
os Civil advances ....................................... .. I0,733

Bonds and Coupons paid ......... '" ................ . 285,063 6s

Cash in vault...................................... .. 62,734 47

Total .............................................. $782,888 84
Mr. McvVhorter, chairman ofthe Enrolling Committee, submitted the following report: Mr. Ptesdent:
The Committee on Enrollment report as duly enrolled and ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit:
An act to amend section I3I2 of the Code of I873; also,
An act to require all conditional sales of personal property to be evidenced in writing, and for other purposes;. also,
An act to protect the public, private and Sunday schools of this State from disturbance, and to punish those \\"hounlawfully disturb the same.
Respectfully submJtted. R. L; \Vc\VHORTER, Chairman.

JOURNAL OF THE SENATE,
On motion of Mr. Wilson, the Senate went into executive session, and having remained some time therein, returned to open session.
The following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof:
Mr. Presidmt:
The House of Representatives has passed the following bills of the Senate, by substitute, to-wit :
A bill to incorporate railroad companies in this State, and to prescribe the powers, rights, duties and liabilities of the same.
By resolution of Mr. Byrd, the Hon. W. T. Reville of the county of Meriweather, was tendered a seat in the Senate during his stay in this city.
Mr. Fouche, chairman of the Committee on Finance made a report on the bill of the House making additional .appropriations to those contained in the last general appropriation act, approved December 6, 188o, and which was omitted therefrom, and for other purposes, which bill was on motion, read the second time and passed to a third reading.
Mr. Meldrim, chairman pro tem. of the Committee on Education made a report on the bill of the House to authorize the trustees of the State University to accept as a branch of said University a College of Agriculture, and Mechanic Arts and Sciences, located at Hamilton, Georgia, etc., which bill was on motion, read the second time and passed to a third reading.
The Senate took up the report of the Judiciary Committee on the joint resolution of the House requesting the Governor to have the obstructions in the Savannah ri\'er above Augusta investigated.
The report, which was favorable, was agreed to. The resolution was concerred in.

SEPTEMBER 23. 188 I.

The bill of the Senate for the relief of the people of Georgia by remitting fifty per cent of the general State tax of 1881, was withdrawn by the mover, Mr. Gu~rry, with consent of the Senate.

The Senate took up the report of the Judiciary Committee on the bill of the House to provide compensation for the sheriff of the Supreme Court of this State, in pauper cases .

. The report, which was favorable, was agreed to.

The bill was read the third time, and on the question of its passage, the ayes and nays were ordered to be re corded.

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

Baggs,
Bak"r, Barksdale,
Brown,
Bond,
Butt,
Byrd,
Curtis, Denmark, Fouche,

Gorman,
Guerry, Harrell,
Hicks,
J ordau,
Johnson,
Kig;
Meldrim, .Moseley, Neal,

Parks,
Reid. Smith of the 5th, Smith of the 15th, Storey, Suddath, Treadwell, WeEtbrook, Winn.

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

.!:lcvVh~,rter,

Payne,

Ayes, 29. Nays, 3

Wilson.

So the bill was passed by a constitutional majority.

The Senate took up the report of the Committee on Hygiene on the bill of the House to establish a Board of Pharmaceutic Examiners, and to prescribe the powers and duties of said Board, and to regulate the compoJnding and vending of medicines, drugs and poisons in the State of Georgia, and to provide a penalty for the infringement of the provisions of this bill.

This was a reconsidered bill.

The report was amended as follows, on motion of Mr. Parks, to-wit: Amend section 5 by adding after the word, "application" in the 18th line, the following words:

JOUkNAL OF THE SENATE,
"Also, to druggists who have attended a College of Pharmacy, acknowledged by the American Pharmaceutic Association, tor at least one term, or cession, and who have been engaged in the drug business for at least nine years previous to the time of applying for said license.
Amend the eighth section by adding thereto, after. the word "Georgia" in the 10th line, the following: "And druggists as have heretofore obtained license and are legally authorized by existing laws, to compound and vend drugs, poisons and chemicals."
Amend the eighth section further, by striking out the word "county" in the 12th line, and by adding after the word "poison," in the 13th line, the following words, towit: ''As prescribed and allowed by section 1409 of the Code of 1873 of Georgia,"
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, 36; nays, o.
The Senate took up the report of the Committee on Agriculture on the bill of the House to amend an act relating to fences and stock, and for the protection of crops, so as to make the same apply to either part or portion of any county that is divided by any water-course
tohtahterispourrpsohsaells.be deemed and considered fences, and for
The committee recommended the passage of this bill, with amendments, which were adopted.
The report was agreed to.
The bill wa~ read the third time and passed, as amended, by a constitutional majority of ayes, 33 ; nays, o. _
On motion of Mr. McWorter, this bill was ordered to be transmitted to the House at once.
By resolution of .Mr. Payne, Hon. Sidney Clements was tendered a seat in the Senate.

SEPTE)I!BEI< 23, J88I.

685

Mr. Hackett, chairman of the Joint Special Committee on the lease of the Western and Atlantic Railroad, made the following report, which was read, to.wit:
The Senate took up the report of the Finance Committee on the bill of the House to provide for the payment to Benjamin F. Culp and John B. Burch, the reward offered for the arrest of Charles F. Kelley.

The report, which was favorable, was agreed to.

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

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

Baggs, Baker, Barksdale, Brown, Bond, Butt, Byrd, Curtis, Denmark,
Dug~ar,
Fouche, Gurn..an,
Ayes, 35

Guerry, Harrell, Hackett, Hicks, J ordnn, Johnson, King, l\IcDaniel, :Me Wlloiter, :llelrlrim, l\[oseley, Neal.
Nays, o.

Parls. Payne, Reid, Smith of the 15th, Smith of the 23d, Storey, Suddath,
Treadwell, \\ i~son, '\'o<Hl\\'anl,
)IJ:. PHEtiiDEXT.

The bill was read the third time and passed by a consti tutional majority.
The Senate took up the report of the Judiciary Com mittee on the bill of the l:fouse to repeal so much of the charter of the City of Savannah a:~d the acts amendatory thereof as provided for the election of a jailor and the superintendence of the jail of Chatham county by the the Mayor and Aldermen of the City of Savannah; to vest the management and care of said jail in the County Com missioners and Sherif{ of Chatham county.

The committee recommended the passage of the bill . with certain amendments, which were adopted.

The report was agreed to. The bill was read the third time and passed, as amended, by a ~onstitutional majority of ayes, 33 ; nays, o.

686

jOURNAL OF THE SENATE,

The Senate took up the report of the Committee on Finance on the bill of the House to require the chairman of the House Committee on Finance to keep a register of certain bills, and for other purposes.

The report, which was favorable, 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 the report of the Committee on Corporations on the bill to amend an act to incorporate the town of Summerville, in the county of Chattooga, etc.
The report, which was favorable, was agreed to.
The bill was read the third time and passed by a constit:.ttional majority of ayes, 33; nays, o.
Proof of due legal notice was submitted to the Senate.
The Senate took up the report of the Judiciary Committee on the bill of the House to altt::r and amend section 4368 of the Revised Code of Georgia, and an act approved February 28, 1876, amendatory thereof in reference to the kidnapping of children.
The report, which was favorable, 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 the report of the Committee on Finance on the bill of the House to prescribe the manner and mode of making returns by insurance companies to the Comptroller-General of this State, and for other purposes.
The report, which was favorable, was agreed to.
The bill was read the third time and passed by a constitutional majority, there being ayes, 30; nays, o.
The bill of the House regulating the paying of the teachers of the public schools of this State, was, on motion indefinitely postponed.

SEPTE.:IIBER 23, 188 I.

687

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 of the Senate, with certain amendments, in which they ask the concurrence of the Senate, towit :
A bill to prescribe the fees of the Sheriffs in this State, and to provide for the payment of the same.
A bill to make it a misdemeanor for any person or persons to carry to any place in this State where people are assembled for Divine worship, or for Sunday school celebration, any intoxicating liquor, and to provide a punishment therefor, and for other purposes.
The House of Representatives has also concurred in the amendment of the- Senate, with an amendment to a resolution of the House, in regard to the adjournment of this General Assembly sine die.
The Senate took up the report of the Committee on Finance on the bill of the House to submit to the legal voters of Sumter county the question of prohibiting the sale of spirituous or malt liquors in said county.
Proof of legal notice was submitted to the Senate.
The committee recommended the passage of the bill, with certain amendments, which were adopted.
The report was agreed to.
The bill was read the third time and passed, as amended, by a constitiutional majority of ayes, 27; nays, o.

:Mr. Hackett offered the following resolution, which was taken up under a suspension of the rules, and agreed to, to-wit :
Resolved, That, commencing with to-day, the Senate hold afternoon sessions, from 3 to 6 o'clock P. 111., and from 8 to 10 o'clock P. M.

688

jOURNAL OF THE SENATE,

The Senate took up the report of the Finance Committee on the bill of the House to enable the Trustees of the University of Georgia to inaugurate a system of free tuition in that institution.

The report, which was favorable, was agreed to.

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

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

Ba,.,.s
Baf-ksdale, Brown, Bond, Byrd, Curtis, Denmark, Gorman, Harris,

H:trrcll, Hicks. Jordan, Johnson, King, J\'fcl>aniel, :Mattox, 1\Ieldrim, Moseley,

Neal, Parks,
Payne, Reid,
Suddath, Westbrook, Winn, Woodward.

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

BakPr, Duggar,
Fouche, Guerry,
Hawes,

Bnckett, l\le Whf)I'ter,
Smith of the 5th, Smith of the 15th,

Smith of the 23tl, Storey, Treml well,
Wilson,

Ayes, 26. Nays, 13.

So the bill was passed by a constitutional majority.

The Senate took up the report of the Judiciary Committee on the bill of the House to repeal an act to create a Board of Commissioners of Roads and Revenues in the county of Madison, approved August 27, 1872, and an act amendatory thereof entitled an act to amend an act to create a Board of Commissioners of Roads and Revenues in the county of Madison, approved March 3, 1875-

Proof of legal notice was submitted to the Senate.

The report, which was favorable, was agreed to.

The bill was read the third time and passed by a constitutional majority of ayes, 32; nays, o.

SEPTE)lBER 23, r88r.
The Senate took up the report of the Judiciary Committee on the bill of the House for the better protection of creditors in cases of voluntary assignments by insolvent debtors.
The report, which was favorable, 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 the report of the Committee on Railroads on the bill of the House to incorporate the Monticello and Trans-Ocmulgee Railroad Company ; to confer certain privileges on the same, and for other purposes.
Proof of due legal notice was subm.itted to the Senate.
The report, which was favorable, 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 the report of the Judiciary Committee on the bill of the House to amend section 4505 of the Code of Georgia, which requires Justices of the Peace and ~otaries Public to keep and exhibit to the grand juries dockets of the cases tried by them.
The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority of ayes, 33 ; nays, o.
The Senate took up the report of the Judiciary Committee on the bill of the House to provide for the registration of voters to vote at municipal elections in the City of Savannah; to fix, regulate and determine the time, place and manner in which such elections shall be held; to prescribe qualifications of voters at all >uch elections, and to provide suitable penalties lor all violations thereof:
Proof of due legal notice was submitted to the Senate.
The report, which was favorable, was agreed to. 44

6go

JouRNAL OF THE SENATE,

The bill was read the third time and passed by a constitutional majority of ayes, 34; nays, o.
The Senate took up the report of the Finance Committee on the resolution of the House in reference to paying certain coupons of bonds of the Macon and Brunswick Rail road.
The report, which was favorable, was agreed to. The resolution was read the third time and concurred in by a constitutional majority of ayes, 33; nays, o.
The time of adjournment having arrived, the President declared the Senate adjourned until 3 o'clock P. :\1,

3 o'clock P. :\1. The Senate met pursuant to adjournment, the President in the chair.
On motion of Mr. Byrd, the Senate took up and concurred in the amendments of the House to the following bills of the Senate, to wit :
A bill to make it a misdemeanor for any person or persons to carry to any place in this State, where people assemble for Divine worship, or for Sunday school, or for a Sunday school celebration, any intoxicating liquor, and to provide a punishment therefor, and for other purposes.
A bill to provide for the better security of life and property from the dangers of coal and petroleum oils.
A bill to incorporate railroad companies in this State, and to prescribe the powers, rights, duties and liabilities of the same.
A bill to prescribe the fees of ShP.riffs in this State, and to provide for the payment of the same.
The joint resolution on the subject of adjournment st'ne dt'e was, on motion, laid on the table.
The bill of the House to regulate the sale of pistols, dirk knives, bowie knives, sword canes, and toy pistols, in

SEPTEMBER 23, I 88 I.
the State of Georgia, was read the second time and recommitted to the Judiciary Committee.
The President laid before the Senate the following communication :
Hrm. 'J. S. Boynton, Presidmt, and Gmt!cmcn of tlzc .Smatc:
The Committee of Arrangements for cervices in memorium of our late President, Sir Knight, James A. Garfield, respectfully ask your presence at the opera house, on Monday, September 26, ISS!, at 3 o'clock P. ~!.,to participate in the exercises suitable to the occasion.
Respectfully yours, (Signed) A. T. HowARD, Clzaz1man.
The following message was received from the House of of Representatives, through Mr. Hardin, the Clerk thereof:
Mr. President:
The House of Representatives has agreed to the foliowing reEolutions, to-wit:
A resolution requesting the President of the United States (in compliance with a petition thereto attached) to pardon the Yiolators of the re\'enue Jaws residing in this State.
The following bill of the Senate has passed the House of Representatives, to-wit:
A bill to amend the County Court laws of this State, and for other purposes.
The House of Representatives has passed the following bills of the Senate, as amended, to-wit:
A bill to change the time of holding the Superior Court of Bulloch county, and for other purposes.
The Senate took up the report of the Committee on Railroads on the bill of the House to charter the Middle Georgia Railroad, and for other purposes-said road to extend from Sandersville or Tennille; on the Central Railroad to Union Point, on the Georgia Railroad.

6g2

JOURC'/,\L OF TilE SENATE,

Proof of legal notice was submitted to the Senate.
The repurt, which was favorable, was agreed to.
The bill was read the third time and passed by a constitutional majority of ayes, 32; nays, o.
The Senate took up the report of the Judiciary Committee on the bill of the House to alter and amend section 3698 of the Revised Code of 1873, in regard to fees of jailors, and to regulate the same.
The said committee reported in favor of the passage of the bill with certain amendments, which were adopted.
The report was agreed to. The bill was read the third time and passt-d, as amended, by a constitutional majority, there being ayes, 32 ; nays, o. The Senate took up the report of the Committee on Railroads on the bill of the House to incorporate the Elberton and Point Peter Railroad. Proof of due legal notice '\as submitted to the Senate. Said committee reported in favor of its passage with certain amendments, which were adopted. The report was agreed to.
The bill was read a third time and passed, as amended, by a constitutional majority of ayes, 35; nays, o.
The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the town of :\Iillen.
Proof of due legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority of ayes, 33; nays, o. The Senate took up the report of the Judiciary Com mittee on the bill of the House to amend an act entitled an act to repeal the several acts establishing Commissioners of Roads and Revenues in the counties of Jones, Chattahoo-

SEPTD!BEH 23, ISS!.
chee, Douglas, Bulloch and Heard respectively, and the county of Lumpkin, assented to and approved September 26, 1S79, by striking out the proviso to the first section of said act of I 879, and inserting in lieu thereof, ''that the said E. Pray, W. N. Magourik, J. H. \Vinn and John C. Bowden, Special Commissioners created by the act of the Legislature creating the county of Douglas shall proceed to perform the duties required of them by said act, and to require them to perform certain other duties therein mentioned; to prescribe their pay for the same, and for other purposes.
P;oof of due legal notice was submitted to the Senate.
The report, which was favorable, was agreed to.
The bill was read the third time and passed by a constitutional majority, there being ayes, 37; nays, o.
The Senate took up the report of the Committee on Railroads on the bill of the House to incorporate the Georgia Southern and F:orida Railroad Company, and tor other purposes.
Proof of le:al notice was submitted to the Senate.
The report, which was favorable, was agreed to.
The bi"l was read the third time and passed by a constitutional majority, there being ayes, 29; nays, o.
The Senate took up the report of the Judiciary Committee on the bill of the House to incorporate the town of Grovetown, in the county of Columbia, and to grant election powers and privilege-; to the same, and for other purposes.
Proof of due legal notice of intention to apply for the passage of this bill was submitted to the Senate.
The report, which was favorable, was agreed to. The bill was read the third time and passed by a consti tutional majority of ayes, 30; nays, o. The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the

JouRNAL OF THE SE~ATE,
Covington and North Georgia Railroad Company, and to grant certain powers and privileges to the same, and for other purposes.
Proof of due legal notice of intention to apply for the passage of this bill was submitted to the Senate.
The report, which was favorable, was agreed to.
The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 29 ; nays, o.
The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the town of Alapaha, in the county of Berrien, and provide for the election of a Mayor and ,\Jdermen for said town, and to define the corporate limits of said town, and for other purposes.
Said committee reported in favor of its passage, with certain amendments, which were adopted.
The report was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes, 29; nays, o. On motion of Mr. Duggar, the Senate took up, under a suspension of the rules, the resolution of the House requesting the President of the United States to pardon the violators of the revenue laws residing in this State.
The same was concurred in, and ordered to be transmitted to the House at once.
The Senate took up the report of the Committee on _Corporations on the bill of the House to amend an act en titled an act amendatory of an act entitled an act to incorporate the Baptist Convention of the State of Georgia, and to authorize certain trustees of Mercer University to make by-laws and regulations for the government of said village of Penfield, assented to 28th of December, 1838, so far as to place the government of said village of Penfield in the hands of l.ommissioners, and for other purposes.

SEPTE:IJBER 23, r88r.

Proof of due legal notice was submitted to the Senate.

Said committee reported in favor of its passage as

amended.



The report was agreed to.

The bill was read the third time and passed, as amended, by a constitutional majority of ayes, 37 ; nays, o.

The Senate took up the repor.t of the Committee on Corporations on the bill of the House to authorize the crossing by bridge or track of the outlet of the Savannah and Ogeechee Canal, below the lower lock, in the City of Savannah, so as to connect the property of the Central Cotton Press Company with the adjacent property of the Central Railroad and Banking Company of Georgia, and for other purposes.

Proof of due legal notice was submitted to the Senate.

The report, which was favorable, was agreed to.

The bill was read the third time and passed by a constitutional majority, there being ayes, 38 ; nays, o.

Mr. Y1eldrim presented a memorial of Mr. George \V.

Garmany, of Chatham county, and asked that certain ex-

planations contained therein in reference to acts of the petitioner, which were developed during recent Impeachment trials in this State, be spread upon the Journal of the Senate.

The President ruled that it was not competent to have the matter involved in this request placed upon the Journal of this session.

On motion of Mr. \<Ic\Vhorter, the said petition was referred to the Committee on Petitions.

On motion of Mr. 'vVilson, leave of absence for a few minutes was granted the Committee on Petitions.

The Senate took up the report of the Judiciary Committee on the bill of the House to prohibit the sale of spirituous, vinous and malt liquors (except for medical, mechani-

JOC'R:\AL OF THE SE::-<ATE,

cal and sacramental purposes), in the county of \Valton,

and to provide for holding an election at which the ques-

tion of such prohibition shall be submitted to the qualified

voters of said county.

'

Proof of due legal notice was submitted to the Senate.

Said committee reported in favor of its passage with certain amendments, which were adopted.

The report was agreed to.

The bill was read the third time and passed, as amended, by a constitutional majority of ayes, 3j ; nays, o.

The Senate took up and concurred in the amendments of the House to the following bills of the Senate, to-wit:

A bill to amend the County Court laws of this State and to alter and regulate the provision for compensation of the County Court Judges, and to alter and regulate the mode of procuring jurors in said court, and to provide for their compensation, and to provide for the payment of cost, and for other purposes ; and

A bill to change the time of holding the Superior Courts of Bulloch county, and for other purposes.

The Senate took up the report of the Judiciary Committee on the bill of the House to amend the Constitution of this State by striking therefrom and repealing paragraph I 5, of section 7, article 3, thereof relative to the origin, introduction and reading of local or special bills.

Mr. Parks moved to disagree to the report of the committee, the same being adverse thereto, and, on this motion called for the ayes and nays, which were recorded.

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

Baggs, Baker, Brown, B:ond, Bvrcl. Clll"li~,
Dn!r!!!tt",
Goruum,

Guerry, Harris, Hanel! Hicks, '
Jnrdun, )lattox,
i\TrWhorter. :1\loseley,

:Xeal,

Parb,

Smith of the 15th,

Smith of the 23d.

Htorev.



Treati well,

Woodward.

SEPTDillER 23, r8Sr.

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

Butt, Denmark, Fuuc!Ie,

.H)lacwDae~siel, )leldrim,

Payne, Suddath, Winn.

Ayes, 23. Xays, 9

So the report was disagreed to.

The bill was then taken up, on motion of Mr. Parks, read the second time and passed to a third reading.

The Senate took up the report of the Judiciary Committee on the bill of the House to amend an act approved March 2, 1875 relating to the county of Butts, so as to make the same apply to the 217th, 218th and 22oth Militia Districts of the county of Clarke.

Proof of due legal notice was submitted to the Senate.

The report, which was favorable, was agreed to.
The bill was read the third time, and passed by a constitutional majority, there being ayes, 34; nays, o.
The following bills of the Senate were withdrawn by the movers, respectively, with the consent of the Senate, towit:
A bill to provide for the correct assessment of property in this State, for the purpose of taxation.
A bill to organize a Criminal Court for the several counties of this State, etc. ; and,

A resolution requiring the Augusta Canal C_ompany to construct fishways in the dam across the Savannah river, near Augusta, etc.

The Senate took up the report of the Judiciary Committee on the bill of the House to make all persons, corporations and companies selling fertilizers, manures and and other articles usually sold to farmers and other persons, to warrant the same to be merchantable ::md reasonably ~uited to the use or purposes intended, and to prodde-

6g8

JOURNAL OF THE SENATE,

that no person can, by any contract, relieve or release said sellers from such warranty, and for other purposes.
The report of the committee was adverse

The question of agreeing to said report was submitted.
Pending the discussion of this proposition, Mr. Meldrim having the floor, the hour of adjournment arrived, and the Senate was declared by the President to be adjourned under the rule, until S o'clock P. :11.

8 o'clock, P. M.
The Senate met pursuant to adjournment, the President in the chair, and resumed consideration of the unfinished business of the afternoon session, viz: the motion to dis agree to the report of the Judiciary Committee, which was adverse to the passage of the bill of the House, to make all persons, corporations and companies selling fertilizers, manures, and other articles usually sold to farmers and Other persons, to warrant the same to be merchantable and reasonably suited to the use or purposes intended, and to provide that no person can, by any contract, relieve or release said sellers from such warranty, and for other pur poses.
The previous question was called for and seconded.
The main question was submitted to the Senate, viz: ''Shall the. adverse report of the committee be agreed to?"
On this, the ayes and nays were required to be recorded.

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

Barksdale, Butt, Byrd,
Curtis, Denmark Barrell, ' Hawes,

Jollnson, King,
~icDaniel,
.l\tattox,
:\Ielclrim, Moseley, Neal,

Parks, Reid, Smith of the 15th,
Smitll of the 23cl, Storey, Wiun, Woodward.

SEPTDIBER 23, !881,

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

Baker. Brown, Duggar, Gorman, Guerry, Harris,.

Hackett, llick>. .Tonlnn.
l\Ic Whorter, Payne, Price,

Smith of the 5th, 1:-\uddath,
Treadwell,
'Ve~tbrook,
\Vili-<011.

Ayes, 20. Nays, 17.

So the adverse report report of the committee was agreed to; and the bill was therefore lost.

The following bills of the House, which were reported upon adversely by the several commi1tees to whom they were referred, were taken up and lost by agreement with said reports, to-wit:
A bill to prevent the spread of the dise~ses among animals known as glanders or farcy, or other contagious diseases of animals known to be dangerous to human life.
A bill to amend section 3214 of the revised Code of this State, which relates to practice in the Supreme Court, and for other purposes.
A bill to provide for the punishment of persons who, as the servant, or agent of another, keep, employ, use, preside at, or deal at any gambling table, and for other purposes.
A bill to amend an act entitled an act to provide {or the payment of certain insolvent criminal costs in the Northern ] udicial Circuit, and for other purposes, so far as the .same relates to the county of Hancock.

A bill to amend t~e road laws of this State so as to authorize and require county officials having the control of public roads in the several counties of this State to grant an order authorizing any citizen to place a gate across said public roads upon a proper case made, and for other purposes.

A bill to carry into effect and operation paragraph 6, of section 4, article 5, of the Constitution of Georgia, with reference;: to appeals thereof; and

700

JouR::\AL Ol' TH .,_ SE::\ATE,

A bill to amend section 4565 of the Code, so as to include those counties where the authority to grant liquor license is vested by law in the County Commissioners.
The Senate took up the report of the Committee on the Judiciary on the bill of the House to levy and col.lcct a tax from dealers in iron safes doing business in this State.
The report, which was favorable, was agreed to.
The bill was read the third time and passed by a constitutional majority of ayes, 27; nays, 5
The following resolutions of the House were taken up, read and concurred in, to-wit:
A resolution requesting the Governor to investigate the case of James Denton, a convict lately in charge of the Marietta and North Georgia Railroad.
A resolution relating to certain lots of land owned by the State of Georgia, on the line of the Macon and Brunswick Railroad.
A resolution to authorize the Governor to make invesgations as to the lease of the Indian Springs Reservation, etc ; and
A resolution relating to loaning books by the State Librarian.
The Senate concurred in the amendments of the House to the bill of the Senate to declare that the wife shall be a competent witness against her husband upon the trial of the husband for any criminal oftense corPmitted, or attempted to have been committed, upon the person of the wife.
. The Senate refused tv concur in the amendments of the House to the bill of the Senate to prescribe the fees of Clerks of the Superior Court in this State, and to provide for the payment of the same.
The hour of adjournment arrived and the President declared the Senate adjourned until 9 o'clock, A. M., to-morrow.

SEPTDIBER 24, I 88 I.

701

SENATE CHAMBER, ATLANTA, GA.,

Friday, September 24, 1881, 9 o'clock A. M.
The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Rev. Mr. \Vilson, Representative from the county of Bullock.

On the call of the roll, the following Senators answered

to their names, to-wit.

Baggs, Baker, Barksdale, Brown, Bond, Butt, Byrd. Curtis, Daniel, Denmark, Duggar, Fouche, Gorman, Guerry, Harris,

Harrell Hawes'
Hackett, Hicks, ,Jordan, Johnson, l(ing,
:lie Daniel, lllattox, :lie Whorter, lleldrim, Moseley, Neal. Parks,

Payne.
Price Heid,'
Smith of the 5th. 1-lmit h of the liitlt, i:imith of the 23d, :-S;utcoJcrle~y.1h. 'I' read well West' rook. Wil<on. -
'Vinu, 'Vnorlwanl. :\lJt. PHESIIEX1'-

The Journal was read and approved.

On motion of Mr. McDaniel, so much of the Journal of yesterday was reconsidered as relates to the refusal of the Senate to concur in the House amendments to the bill of the Senate to fix and regulate the fees of Clerks of the Superior Court.

On motion of ,\1r. ;\lcDaniel, so much of the Journal of yesterday. as relates to the refusal of the St:nate to pass the bill of the House to provide for the payment of certain in::olvent criminal cost in the Northern Judicial Circuit, so far as the same relates to the county of Hancock, were reconsidered.

On motion of Mr. McDaniel, the bill relating to fees of Clerks of the Superior Court, this day reconsidered, was taken up, and all the amendments of the House thereto were concurred in, except those designated by, the num-

702

JouRNAL OF THE SENATE,

bers 9 10, 20, 21, 26 and 29. These the Senate refused to concur in.
On motion of Mr. McDaniel, the reconsiderec bill of the House relating to insolvent cost in Hancock county was recommitted.
The Senate took up the report of the Judiciary Committee on the bill of the House to authorize the compromise and adjustment of the claims due to Howard Van Epps for insolvent costs due him as Solicitor-Gcnerdl of the City Court of Atlanta, and to provide for the payment thereof.
By resolution of Mr. Daniel, W. D. Davis, Esq., of the State of Texas, was tendered a seat in the Senate during his stay in the city.
The bill to apportion Repr~sentatives among the several counties of this State, etc., was, on motion, indefinitely postponed.
The following message was received from the House of Representatives, through :\Ir. Hardin, the Clerk thereof:

Mt. President:

The House of Representatives has agreed to the Senate's amendments to the following bills of the House, to-wit:
A bill to incorporate the Dahlonega, Dawsonville and Gainesville Telegraph and Telephone Company, in the State of Georgia; also,
A bill to regulate the practice in equity causes referred to Masters in Chancery, and to prescribe the mode of trial of exceptions filed to the reports of Masters in Chancery, and for other purposes ; also,
A bill to incorporate the town of Tennille, in the county of Washington, and to appoint Commissiom:rs for the same; also,
A bill to incorporate the Citizens Savings Bank of August1, Georgia ; also,

SEPTE~lBER 24. I 88 L

703

A bill to authorize and empower the Mayor and Alder~ men of the City of Savannah to tax property of the Savannah, Florida and Western Railroad Company ; also,
A bill to incorporate the Elberton and Petersburg Railroad Company; also,
A bill to incorporate the South Side Street Railroad Company of the City of Atlanta; also,
A bill to amend an act to construct a railroad from Elberton, Georgia, to intersect with the New York and New Orleans Air Line Railroad, approved December 13, 1871; also,
A bill to incorporate the Etowah and Blue Ridge Railroad Company; also,
A bill to incorporate the tO\vn of Morrows, in the county of Clayton ; also,
A bill to amend section I 562 of the Code of Georgia,
in reference to the inspection of grain.
fhe House of Representatives has also passed, as amended, the following bills of the Senate, to-wit :
A bill to pre3cribe the fees of Clerks of the Superior Court in this State, and to provide for the payment of the same.
The House of Representatives has also passed the following bills of the Senate to-wit:
A bill declaring persons who cannot read and write incompetent to serve as Eiection Managers ; also,
A bill to amend section 4612 of the Code of 1873; also,
A bill to amend section' 43 55 of the Code of 1873 ; also, A bill to reapportion the House of Representatives of this State ; also,
A bill to make penal the intentional pointing or aiming of fire arms at another, whether loaded or unloaded ; also,
A bill to declare that the wife shall be a competent witness against her husband upon the trial of the husband for-

JouRNAL oF THE SENATE,
any criminal offense commi!ted, or attempted to have been committed, upon the person of the wife; also,
A bill to authorize the county Boards of Education in the City of Savannah and other cities of the State of Georgia to require scholars to be vaccinated before admission to the schools ; also,
A bill to repeal an act entitled an act to establi~h the State line between Georgia and North Carolina, and for other purposes : also,
A bill to amend section 2048 of the Code of 1873; also,
A bill to provide for the service of notice in writing of the time and place of trial upon road defaulters; also,
A bill to regulate the practice and to prescribe the form of the pauper oath in carrying cases to the Supreme Court cf this State, where the plaintiff in error is unable to pay costs in said court ; also,
A bill to provide for the collection of insolvent tax executions.
The House of Representatives has also agreed to the following resolution, to-wit :
A resolution in relation to the office of State Geologist. The Senate took up the report of the Committee on Agriculture on the bill of the House to make it unlawlul for any person or persons owning or controlling any cotton compress to cut any bagging therefrom enclosing the same, and to provide a penalty therefor.
The report, which was favorable, was agreed to.
The bill was read the third time and passed by a constitutional majority of ayes, 3 I ; nays, o.
The Senate took up the report of the Judiciary Committee on the bill of the House to regulate and fix the time of holding elections by the General Assembiy.
The report, which was favorable, \Vas agreed to.

SEPTE~1BER 24, I 88 I.

705

The bill was read the third time and passed by a constitooUtional majority, there being ayes, 34 ; nays, o.

The Senate took up a report of the Committee on Corporations on the bill of the House for the incorporation of companies formed within this State to navigate the oceanseas and rivers by steam vessels; to define the powers and liabilities of the same, and for other purposes.

The report, which was favorable, 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 the report of the Finance Committee on the bill of the House to appropriate money for the compensation of Van Dyke, Cooke & Van Dyke, and
N. J. Hammond, attorneys and solicitor~ for services ren-
dered the State in the cases and the courts therein mentioned, and for other purposes.

The report, which was favorable, was agreed to.

The bill was read the third time, and on the question of its passage, the ayes and nays were required to be recorded.
Those who voted in the affirmative are, to-wit-Messrs.

Baker, Barksdale. Brown
Bond.' Butt,'
Byrd, Curtis, Daniel, Denmark, Duggar, J<'oucbe, Gorman,

H1-laa\r\r'ee~l,l' Hicks, Jonlan .J olmso'n,
l~ing,
.\lc!Janiel, }[attox,
,\lc Whorter,
.Hoseley, Parks, Payne,

Price, Heid,
Smith of tiiC 5th, t)rnith ot tbe 15th,
t'mith of the 23cl, S!ony, Sucldatb, vVestbrook Wilson, '
Winn, Woodward.

Ayes, 35 Nays, o.

So the bill was passed by a constitutional majority.

The Senate took up the report of the Finance Committee on the bill of the House to appropriate five hundred and twelve dollars and eighty-two cents to the payment of
45

706

JOURNAL OF THE SENATE,

balance of salary of William W. Holt, formerly Judge of

the Middle Judicial Circuit of Georgia, and for other pur-

poses.

The said committee reported in favor of its passage,

with certain amendments, which were adopted.

The report was agreed to.

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

its passage, as ~mended, the ayes ard naF were required

to be recorded.

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

Baker, Barksdale, Brown, Byrd,
Curti~.
Daniel, Denmark, Duggar, Fouche,
Gorman, Guerry,

Harrell, Hawes Hicks,'
Jordan, King, McDaniel, l\Iattox, .Meldrim, l\Ioscley, Parks,
Payne,

Price, Heid, Smith of the 5th, Smith of the lfith, Smith of the 23d,
~torey,
Suddath, Westbrook, Wilson, Winn, Woodward.

Ayes, 33 Nays, o.

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

majority.

On motion of Mr. .Meldrim, and in accordance with pre-

vious notice, the Senate reconsidered its action of ye=ter-

day on the bill of the House to provide for the registra-

tion of voters to vote at the municipal electinns in the City

of Savannah; to fix, regulate and determine the time, place

and manner in which such elections shall be held; to pre-

scribe the qualifications of voters at all such elections, and

to provide suitable penalties for all violations thereof.

The bill was then taken up, on motion of Mr. Meldrim,

and the report thereon was amended by striking out in sec-

tion I, the words "the newspaper of largest circulation in

in said city," and inserting in lieu thereof the words "the

official gazette of said city."

The report, as amended, was agreed to.

The bill having been read the third time was passed, as

amended, by a constitutional majority of ayes, 37; nays, o.

SEPTDIBER 24, I88I.
Mr. Wilson, chairman of the Committee on Petitions, made a report declaring that the matter mentioned in ~he petition of G. W. Garmany, of Savannah, was not proper matter for entry upon the Journal.
On motion of Mr. \Vilson, the report was adopted.
The Senate took up the report of the Committee on Railroads on the bill of the House to amend an act to incorporate the 'vValton Railroad Company, approved August 27, 1872, and for other purposes.
The report, which was favorable, 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 the report of the Committee on Agriculture, on the bill of the House to require the owners of all horses, mules, cows, and all kinds of stock to lreep the same from running at large upon the lands of another, in Putnam county; to define liabilities of said owr.ers, and the rights of persons damaged by said stock running at large.
The report, which was favorable, was agreed to.
The bill was read the third time and passed by a constitutional majority of ayes, 33 ; nays, o.
The Senate took up the report of the Committee on Education on the bi.ll of the House to authorize the trustees of the State University to accept as a branch of said University, a College of Agriculture and :\'lechanic Arts and Sciences, to be established at Hamilton, in this State, and to authorize said trustees to make appropriations for payment of teachers of said college out of the land scrip fund provided by the act of Congress, of July 2, 1862, and now administered by said trustees, or out of any other fund that now is, or ntay hereafter come into their hands to be admi:istered.
The report was favorable to the passage of the bill.
Mr. Fouche moved to amend said report by striking out

708

jOUl<NAL OF THE SENATE,

the words: ''or any other funds that may come into their hands.''

This motion did not prevail.

The report was agreed to,

The bill was read the third time, and on the question of its passage, Mr. Guerry required the ayes and nays to be recorded.

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

Baggs, Baker, Brown, Bond, Bvrd, Curtis, Danitl,
Duggar, Gorman,. Harris, Harrell,

Hawes, Hackett, Hicks, .Jordan, Johnson, King, 1\IcWhorter,
"Ieldrim, :Moseley, Neal, Parks,

Payne, Price, Reid, Smith of the 5th Smith of the li>th, 8mith of the 23d, 8lorey,
Suddath, Treadwell Westbrook, Wilson.

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

Barksdale, Fouche,

Guerry, Wooclwanl,

Winn.

Ayes, 33 Nays, 5

So the bill was passed by a constitutional majority.

Proof of due legal notice was submitted to the Senate.

The Senate took up the report of the Finance Committee on the bill of th~ House to encourage the building of the Marietta and North Georgia Railroad by changing the character of the State's security fo( the payment of the loan of the net proceeds of the convict labor heretofore advanced, and to be advanced, to said Railroad Company.

The report, which was favorable, was agreed to.

The bill was read the third time and passed, by a constitutional majority, there being ayes, 31 ; nays, 3

Proof was submitted to the Senate of the required legal notice.

The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the Cummings and Suwanee Railroad Company.

SEPTEMflER 24, I88 I.

709

Proof of due legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by a con stitutional majority of ayes, 28 ; nays, o.

On motion of Mr. Hackett, the report of the Joint Special Committee on the lease of the Western and Atlantic Railroad, was taken from the table and adopted.
Said report is as follows:

To the Senate and House of Representatives:
The joint special committee appointed under a resolution of the General Assembly, authorizing and directing an investigation of the lease of the Western and Atlantic Railroad, beg leave to submit the following report:
Impressed with the magnitude of the question submitted, and the intricate legal proposition involved in the subject-m~ttter of investigation, your committee have made as patier.t, painstaking and thorough examination and inquiry into the ownership and condition of the lease as has been possible. consistent with the proper discharge of other duties devolved upon them as members of the General Assembly. And they deem it not improper here to state, that owing to said duties, and the difficulty experienced in procuring the attendance of witnesses, some of whom reside at remote distances, it has been impossible to report at an earlier day the testimony which is herewith submitted, and the findings or conclusions of yourcommittee thereon.
From the evidence, your committee find:
Ist-That there has been no violation of so much of the lease act as was intended to prohibit discriminations i'l favor of or against any company or persons having business connections or relations with the \Vestern and Atlantic Railroad.

2d-That in the opinion of the con.mittee, the evidence

710

]OUI{i\AL OF THE SENATE.

raises a strong presumption that a majority of the stock in said lease is not b01ta fide owned and controlled by
~eorgians.

3d-A question as to the validity of the bond given by the lessees to the State was made and discussed in the committee, on which question they failed to agree.

But your committee have agreed upon and recommend the adoption of the following resolutions, to-wit;

Be it resolved by tlze Smale a1Zd House of Represelltatives of tlte State of Georgia, That his Excellency, the Governor, be and he is hereby requ~"sted to transmit to the Attorney-General of the State, the evidence herewith submitted, and direct him to make a critical and careful exam-
ination of the same ; and if in his, the said Attorney-General's opinion, from such examination, or such other facts as he may be able to obtain, he should conclude that a majority of the stock in said lease is not bona fide owned and controlled by residents of the State of Georgia, and that the same, under the terms of the lease act, works a forfeiture of said lease ; that he then be instructed to institute suitable and necessary proceedings to forfeit and annul said lease, and for the recovery of such property in the hands of the Western and Atlantic Railroad Company, as the State may be entitled to.

Resolved further, That his Excellency, the Governor, be and he is hereby requested to submit the bond given by the lessees, and all the papers and evidence connected therewith or relating thereto, to the AttorneyGeneral, and instruct him to examine the same thoroughly, and report to the Governor the result of his investigation ; and should such report be advers:.: to the validity of the bond, then his Excellency, the Governor, shall cause notice of the same to be given to the President of the vVestern and Atlantic Railroad Company; at the same time calling upon him to execute a new bond, or perfect the present

SEPTEMBER 24, I 88 I.

7II

one, within sixty days from the date of the service of said

notice; and upon the failure of said Company to comply

with said demands within the time specified, the Governor

shall direct the Attorney-General to institute proceedings

to have said lease forfeited, and take such other steps as

may be by him deemed necessary to recover such prop-

erty now in the hands of the \Vestern and Atlantic Rail-

.road Company as the State shall and may be entitled to.

A. T. HACKETT, Glzazmzan Senate Committee.
W. B. Ben,

]AMES G. PARKS,

DuPONT GuERRY,

w. P.

MELDRIM,

Committee on part of Senate.

JoHN 'Jil. MADDox,
Clzairman House Committee.
F. c. FOSTER,
H. C. RoNEY,
-vv. R. RANKIN,
C. A. TuRXER,

]OHK ]. HUNT,
T. D. HIGHTOWER.

On motion of Mr. Hackett, the Secretary was directed

to transmit the action of the Sen2te on said report, and the resolutions embraced therein, to the House, without delay.

The Senate took up the report of the Committee on

Agriculture on the bill of the House to extend the pro
visions of sections I449, 14 so, 145 I, 145 2, 145 3 and 1454
of the revised Code of Georgia, which relate to the fence

and stock laws of this State, by making the same appli-

cable to militia districts, and to provide for the erection of fences around district lines.

The report, which was favorable, was agreed to.

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

tutional majority of ayes, 24; nays, o.

712

jOURNAL OF THE SEXATE,

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

Mr. Presz"dmt :
The House of Representatives has concurred in the Senate's amendments to the following House bills, to-wit:
A bill to incorporate the Elberton and Point Peter Railroad; also,
A bill to repeal so much of the charter of the City of Savannah, and acts amendatory thereof, as provides for the election of a jailor; also,
A bill relating to fences and stock, and for the protection of crops, etc.; also,
A bill to submit to the legc.Ll voters of Sumter county the question of prohibiting the sale of spirituous liquors; also,
A bill to incorporate the town of Alapaha, in the county of Berrien ; also,
A bill to alter and amend section 3698 of the revised Code of 1873; also,
A bill to amend an act entitled an act and to alter and amend an act entitled an act incorporating the Baptist Convention of the State of Georgia, and to authorize certain Trustees of Mercer University to make by-laws, and for other purposes; also,
A bill to establish a Board of Pharmaceutic Examiners; also,
A bill to prohibit the sale of spirituous, vinous and malt liquors in the county of Walton.

The House of Representatives have,passed the following bills, to-wit :
A bill to fix the fees of public weighers of cotton, etc. The following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof~

SEPTEMBER 24, 188 I.

713

Mr. Preszdent :
The House ot Representatives has concurred in the Senate's amendments to the following bills of the House, to-wit :
A bill to appropriate five hundred and twelve dollars and eighty-two cents to payment of balance of salary of William W. Holt, formerly Judge of the Middle Circuit; also,
A bill to provide for the registration of voters to vote at municipal elections in the City of Savannah; also,
The House of Representatives has concurred in certain amendments, and refuses to concur in certain amendments of the following Senate bill, to-wit:
A bill to prescribe the fees of Clerks of the Superior Court of this State ; also,
The House of Representatives has passed the following bill of the Senate, to-wit:
A bill to prescribe and fix the legal weight of rough rice in this State.
On motion of Mr. McDaniel, the Senate agreed to those amendments of the House to the bill of the Senate prescribing the fees of Clerks of the Superior Court, from which the House refused to recede.
Mr. McWhorter, chairman of the Committee on Enrollment, submitted the following report:

J~fr. Preszdent:
The Committee on Enrollment report as duly enrolled, and ready for the signatures of the President and Secreta ry of the Senate, the following acts, to-wit:
An act to make it a misdemeanor for any perso.1 to carry any liquors to places of Divine 'Worship; also,
An act to provide for the better protection of life and property from the sale of petroleum; also,

] OURNAL OF THE SENATE,
An act to prescribe the fees of Sheriffs in this State ; also,
An act declaring persons who cannot read and write, incompetent to serve as election managers; also,
An act to authorize the County B~ards of Education of Savannah and other cities to' require scholars to be vaccinated before admissions to the schools; also,
An act to amend the County Court laws of this State ; also,
An act to amend section 4355 of the Code of 1873; also, An act to provide for the collection of insolvent tax executions ; also, An act to provide for the service of notice in wt iting of the time and place of trial upon road defaulters ; also,
An act to declare the wife a competent witness against the husband in certain cases; also,
An act to amend section 2048ofthe Codeof 1873; also,
An act to amend section4612 of the Code of 1873; also, An act to establish the State line between Georgia and North Carolina. An act to prescribF. the form of the pauper oath in carrying cases to the Supreme Court; also, An act to reapportion the House of Representatives; .also, An act to change the time of holding the Superior Court in the county of Bulloch; also,
An act to make penal the intentional pointing of firearms at another, whether loaded or unloaded.
Respectfully submitted. R. L. McWHORTER, Clzainna1t.
The following message was received from the House of Representatives through Mr. Hardin, the Clerk thereof, to-wit:

SEPTE~iBER 24, r88r.
Mr. President:
The House of Representatives has passed the following Senate bills, to-wit :
A bill to alter and amend section 326 of the Code of 1873; also,
A bill to provide for the restoration of the last name of the wife in all divorce cases ; also,
A bill to amend section 4540 of the Code of 1873; also,
A biil to regulate and restrict the rate of interest in this State ; also,
A bill to punish the stealing of a bale or m )re of cotton.
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 signatures of the President and Secretary of the Senate, the following acts, to-wit:
An act to amend section 4194 of the Code of 1873; also,
An act to regulate the practise in equity causes referred to Masters in Chancery.
Respectfully submitted. R. L. McWHORTER, Chairman.
The Senate took up the report of the Finance Committee on the bill of the House making additional appropriations to those contained in the last general appropriation act, approved December 6, r88o, and which was omitted therefrom, and for other purposes.
The Finance Committee reported in favor of the passage of the bill, with the following amendments, to-wit :

JOURNAL OF THE SENATE,

Amend section 1 by adding thereto the following: 'To pay the actual expenses of the Senate Committee on the. Penitentiary, and sub committees, in visiting and inspecting the convict camps the sum of eight hundred dollars, or so much thereof as may be necessary; the same to be paid on itemized accounts to be rendered by the members of said committee.

To pay the actual expenses of the joint committee of the Senate and House of Representatives on the Deaf and Dumb Asylum, incurred in visiting the said Asylum, the sum of three hundred dollars, or so much thereof as may be necessary; the same to be paid on itemized accounts to be rendered by the members of said committee.

To pay the actual expenses of the Special Joint Committee of the Senate and House of Representatives in visiting Gainesville, Canton, and other places, with a view to select a location for an additional Lunatic Asylum, the sum of three hundred dollars, or so much thereof as may be necessary, the same to be paid on itemized accounts to be rendered by the members of said committee.

To pay Charles H. Smith, an additional porter in.the water closet room, appointed on July 2 I, I 881, by resolution of the Senate, the sum of one do:lar and a half per day for twenty-six days.
To pay Jackson McHenry and William George, porters in the Senate, and Howard Garner and Smith Easley, porters in the House of Representatives, two dollars per day during the adjourned session of the General Assembly, beginning July 6, 1881.

To pay A. F. Cooledge, Stenographer, for taking down

testimony, issuing subprenas, etc., for joint committee on

the lease of the Western and Atlantic Railroad, the sum of

two hundred and five dollars, as per bill rendered and ap-



proved by said committee. To pay T M. Peeples, arbitrator on the part of the

State in the cases of the State against the Waycross and

SEPTE~IBER 24, I 88 I.
Florida Railroad, the Junction Branc!-1 Railroad, the South Georgia Railroad, the Savannah, Florida and Western Railroad, and the Florida Branch Railroad, the sum of two hu'ndred and fortyft:>ur dollars and fifty cents, for his fee and travelling expenses as such arbitrator.
To pay to Jackson .JfcHenry, porter in the Senate, and William George, porter in the Senate, Smith Easley, Howard Garner, Moses Bently and H. B. Garner, porters in the House of Representatives, fifty cents per day, additional pay for services, and George Perkins, Mr. Gaines and Judge 'Williams, and Charles Henry Smith, porters in the water closet, Hty-cents additional for their services.
Amend further by inserting the following as section 4 : Section 4 Be z'tfurt!terenacted, That the sum of seventyfive dollars be, and the same is hereby appropriated to pay Jackson T. Taylor for service i11 making an index for the Journal of the Senate for the present adjourned session of the General Assembly, beginning at the sixth day of July, I88I, and continuing until the final adjournment; and a like sum for making an index for the Journal of the House of Representatives for the same period, ;cmd that the Governor draw his warrant on the Treasurer in favor of said Jackson T. Taylor on the completion of the work he-rein specified. Amend by inserting the following as section 5 : Section 5 Be t further enacted, That the sum of sixteen hundred dollars be appropriated to pay a balance due on Public Printer's account for 1878-79; said account having been appro1ed by the Governor, under a resolution of the General Assembly, and not paid because the printing fund had been exhausted-this to be in full satisfaction of all claims by said Public Printer.
On motion of Mr. Fouche, section I was amended by striking out $3 ro and inserting in lieu thereof $348.
On motion of \1 r. Curtis, the report was amended as follows:

JouRNAL OF THE SENATE,

Amend section r by inserting the following words, to-wit: "To compensate Hon H. \V. Cannon, Commissioner on the part of Georgia for labor performed, and expenses incurred in making a partial survey of the State line between the States of Georgia and North Carolina, as required by an act of the General Assembly, approved August 18, r879, providing for said survey, the sum of fifty dollars.

On motion of Mr. Fouche, the report was further amended, as follows: "That the sum of one hundred dollars, c r so much thereof as may be necessary, be and the same is hereby appropriated for the purpose of having original acts of the General Assembly deposited in the office of the Secretary of State, bound in a substantial manner for their preservation.

On motion of Mr. Fouche, the report was further amended by adding the following to the first section:

"For porter for the Library for balance of the fiscal year of r88r, fifty-five dollars. For porter to the Library for the fiscal year of r882, the sum of one hundred and eighty dollars.

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

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

Baker,
Barksdale, Brown, Bond,
Byrd, Curtis, Daniel,
Denmark, Duggar,
Fouche, Guerry, Harris,

Hicks,
Jordan, Johnson,
King, McDaniel,
Mattox, McWhorter, .Meldrim,
Moseley,
Neal, Parks, Payne,

Price, Reid, 8mith of the .5th, Smith of the 15th,
Smith of the 2:Jd,
Storey, Suddath, Treadwell,
Westbrook, Woodward.

SEPTEi\IBER 24, I 88 I.
Those who voted in the negative are, to-wit-Messrs.
Winn.
Ayes, 34 Nays, 1.
So the bill was passed as amended, by a constitutional majority.
The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the Romney Marsh Canal and Navigation Company; to grant certain privileges to the same, and for other purposes.
Proof of due legal notice was submitted to the Senate. The report, which was favorable, was agreed to.
The bill was read the third time and passed by a constitutional majority, there being ayes, 3 I ; nays, o.
The Senate took up the report of the Judiciary Committee on the bill of the House to prescribe for the compensation of certain public officers of this State.
The report, which was favorable, was agreed to.
The bill was read the third time and passed by a constitutional majority of ayes, 30; nays, 1.
The Senate took up the report of the Judiciary Com. mittee on the bill of the House to make it a misdemeanor for any person or persons to obstruct the free and usual passage of timber upon the several water-courses in this State ; to provide a punishment therefor, and for other purposes.
The said committee reported in favor of its passage, with certain amendments, which were adopted.
The report was agreed to.
The bill was read the third time and passed, as amended, by a constitutional majority of ayes, 31 ; nays, o.
The Senate took up the report of the Judiciary Committee on the bill of the House to amend an act to create a Board of Commissioners of Roads and Reve-

720

jOURNAL OF THE SENATE,

nues for the county of Taylor, define their powers and duties, approved October 20, 1879, so as to reduce the number of members of said Board, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was amended, on motion of Mr. Smith of the Twenty-third District, as follows :
Amend section I by striking out the words " qualified voters of said county in the same manner as other county officers are elected," and insert in lieu thereof the following words, ''grand jury at either term of the Superior Court for said county, and biennially thereafter."
The report, as amended, was agreed to.
The bill was read the third time and passed, as amend ed, by a constitutional majority, there being ayes, 34 ; nays, o.
The Senate took up the report of the Judiciary Committee on the bill of the House to amend an act en tit" ed an act to amend section 3574 of the Code of 1873, approved February 24, 1877, by adding to the first c;ection of said act the words, " when returnable to the Superior Court, and when returnable to a Justices' Court, shall be served five days."
The report, which was favorable, 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 the report of the Judiciary Committee on the bill of the House to require all Clerks of the Superior and City Courts to make immediate record of certain original papers filed in said Courts, and to prescribe penalties for failure on the part of said clerks to comply with the requirements thereof, and to provide for the use of certified copies of said record, and for other purposes.
The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority of ayes, 23 ; nays, 1.

SFPTEMBER 24, 188 r.

721

The hour of adjournment arrived, and the President -declared the Senate adjourned until 3 o'clock P. M.

3 o'clock, P. M. The Senate met pursuant to adjournment, the President in the chair.

On motion of Mr. Byrd, the bill of the House to require Ordinaries to register the names of persons for whom they shall issue marriage licenses, and to require Judges, Justices and Ministers of the Gospel, to return the same, and for other purposes, which was pending at the hour of adjourn. ment, was laid on the table for the pre!'ent.

The Senate took up the report of the Finance Commit tee on the bill of the House to appropriate $I, 500 for the purchase of books for the State Library, and to prescribe the manner of expending the same, and for other pur-

poses.

The report, which was favorable, was agreed to.

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

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

Baker, Barksdale, Brown, .I:Sond, Butt-, Byrd. Curtis, Daniel,
Denmark, Fouche,

Gorm.u,
llarri~.
Harrell, Hawes,
Ha<'kett,
!lick>', KilillewD~nicl. :\lo"elcy,

Neal, Pric< Smill; of the iitb. ~mith of the 23!1.
~tny.
Suddath, TWcnsut<brhowolll~ Wilson.

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

Duggar,

Winn,

Ayes, 28. Nays, 2.

So the bill was passed by a constitutional majority.

Mr. Hackett offered the following privileged resolution; which was taken up, agreed to, and ordered to be transmitted immediately to the House of Representatives:
46

722

JOURNAL OF THE SENATE,

Resolved, That a committee of two from the Senate and three from the House of Representatives, be appointed to inquire into the business of the General Assembly, and ascertain if it is possible, with due regard to the public interest, for the General Assembly to adjourn at I 2 o'clock to-night: and if not, when an adjournment can be had, and that said committee report as soon as practicable.
The Senate took up the report of the Finance Committee on the bill of the House to appropriate money to t'ie State Deaf and Dumb Asylum, for the purpose of erecting a building to be used as a chapel and school room, and to repair and rebuild the fences around the grounds of the Asylum, and to put into operation a system of drainage at the Asylum, and for other purposes therein mentioned.

The report, which was favorable, was agreed to.

The bill was read the third time, and on the question of its passage, the ayes and nays were required to be recorded.
Those who voted in the affirmative are, to-wit-Messrs.

BBaurkkse~rlale, Brown,
Bond, Byrd, (Jurtis,
Daniel, Denmark,
Duggar,
Fouche,

Gorman, Harrell, Hawes, Hick, King, :McDaniel, McWhorter, ?tleldrim, Moseley, :Neal,

Price, Smith of the 5th. Smith of the 15th, Smith of the 23d. Storey, 8uddath, Tread,,. ell, Westbrook, Wilson.

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

Hackett,

Winn.

Ayes, 29, Nays, 2.

So the bill was passed by a constitutional majority.

The Senate took up the report of the Judiciary Committe on the bill of the House to promote medical science in this State by providing for the furnishing of the bodies of certain persons for dissection, and for other purposes.

The report, which was favorable, was agreed to.

SEPTDIBER 24, r881.

The bill was read the third time, and on the question of its passage, .\fr. McDaniel called for the record ui the ayes and nays.

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

Barks<lalP. Brown Bond. '
Hyr<l;
Di'lllllark. F1>~1thf:'.
Gorn1an,
Harri~.

Hackett, .\IeDanicl,
:\lattox.
:'llehlrim, Parks. Panw. Pri"ce,

~nlith of the loith. ~mith of the 23d,'
~{f)rt , ..
~IHI<i;tlh. \\"l>'tlm)ok,
Wilson. Winn.

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

Bal;er, Butt, Cn<IJR, Daniel, Duggar,

Ha\\es, Hick;;, I~ inn .\Ie \\;horter.
:IIosel<'y,

X cal.
::-\mith of the iith, Tnadwrll. 'Voooh\anl.

Ayes, 22. Nays, 14.

So the bill not receiving a constitutional majority, was lost.

The Senate took up the report of the Judiciary Committee on the bill of the House to amend section r 631 of the Code of 1873, which relates to granting license topeddlers or itinerant traders in any article not manufactured in this State, and to repeal section 1633 of the Code of 1873 relating to the same subject.

The report, which was favorable, was agreed to.

The bill was read the third time and passed by a constitutional majority of ayes, 32 ; nays, o.

The Senate took up the report of the Judiciary Committee on the bill of the House to authorize proceedings in equity in certain cases of insolvency, and for other purposes.

The report, which was favorable, was agreed to.

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

The President appointed as" the committee of the Sen-

JouRNAL OF THE SENATE,

ate, to inquire and report at what time the General Assembly may adjourn szize die, Messrs. Hackett and Mc\Vhorter.

On motion of :\Ir. McDaniel, the Senate took up and
concurred in the House amendments to the amendments of the Senate to the bill of the House to prohibit the sale of ~pirituo;s, vinous and malt liquors (except for medici nal, mechanical and sacramental purposes) in the county of \Valton, etc., and the Secretary was instructed to communicate the same to the House of Representatives without delay.

The Senate took up the report of the Committee of the Whole on the bill of the House to amend the Constitution of this State by striking therefrom and repealing paragraph 15, of section 7, article 3 thereof, relative to the origin, introduction and reading of local or special bills.

The report was agreed to.

The bill was read the <;hird time!, and on the question of its passage, the ayes and my,; were required to be recorded.

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

B ,kcr,
Brown, Boml. Curl is, Danhl,
Du~gar,
f:orntan,
Guerry. Hanis,

Hackett. Hicks,
Knl!;,
~[attox,
.\lcWhortcr,
~ln.-dey,
:!'leal. Pari~~.

Payne, Price, Smith of the i1 h,
Smith of tht Vith, t";t.orey,
Westbrook, Wilson, 'Woodward.

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

Barksdale, Butt,
Byrd, Dcnmark,

Harrell, Hawes, .:llDauiel, Meldrim,

Smith of 1be 23rd, Suddath, Treadwell, Winn.

Ayes, 25. Nays, 12.

The bill not having received an affirmative vote of two-

thirds of the Senate, was lost.

The Senate took up the report of the Judiciary Committee on the bill of the House to create a Board of Com-

SEPTE)IBER 24, I 881.
missioners of Roads and Revenues in the county of Polk, and to prescribe its powers and duties.
Proof of due legal notice was submitted to the Senate. The report, which was favorable, 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 the report of the Judiciary Committee on the bill of the House to provide for carrying inm effect paragraph 3, of section 1, article 1 1, of the Constitution of this State, and to repeal an act to carry into effect paragraph 3, section I, of article I I, of the Consti tution of this State, approved October 14, I879
The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority of ayes, 28 ; nays, o. The Senate, on motion of Mr. Parks, concurred in the House amer.dments to the bill of the Senate to alter and amend section 326 of the Code of 1873, which provides how matters, causes and proceedings pending in the Ordinary's Court arc disposed of when the Ordinary is disqualified.
The following message was received from the House of Representatives, through l\Ir. Hardin, the Clerk thereof:
Mr. Preszdmt: The House of Representatives has agreed to the follow-
ing resolution of the Senate, to-wit :
A resolution appointing a committee on the part of the Senate and House to ascertain if it is possible for the General Assembly to adjourn at I 2 o'clock to night; and has appointed as the committee, on the part of the House, Messrs. \Vright, Estes and Polhill.
The Senate took up the report of the Committee on Agriculture on the bill of the House to prohibit hunting or fishing on the lands of another in the county of Tatnall,

JouRxAL OF THE SEKATE,
and to define who shall prosecute, and to prescribe a punishment therefor, and for other purposes.
Proof of due legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority of ayes, 29; nays, o. The Senate took up the report of the Finance Committee on the bill of the House to provide compensation for the Commissioners of Roads and Revenues for the county of Dougherty, and manner of paying the same.
Proof of due legal notice was submitted to the Senate.
The report, which was favorable, \vas agreed to.
The bill was read the third time and passed by a constitutio.ul majority of ayes, 33 ; nays, o.
The Senate took up the report of the Finance Committee on the bill of the House to establish a Board of Commissioners for Screven county, and for other purposes.
Proof of due legal notice ~as submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority of ayes, 29 ; nays, o. Leave of absence was granted Mr. Johnson and Mr. Baggs for the balance of the session. The Senate took up the report of the Committee on Railroads on the bill of the House to incorporate the Indian Springs Railroad Company.
Proof of legal notice was submitted to the Senate.
The report, which was favorable, was agreed to.
The bill was read the third time and passed by a constiutional majority, there being ayes, 24; nays, o.
The Senate took up the report of the Committee on Railroads on the bill of the House to amend an act to open aryd construct a railroad from Athens, Georgia, to Clay-

SEPTE~IBER 24, r88 I.

727

ton, Georgia, via Clarkesville, in Habersham county, or some point on the Blue Ridge Railroad near Clayton, by
the most practicable route, approved October 27, I8JO, so
as to give to said company the power to extend its line to the northern State boundary; to build branch railroads; to buy or lease other railroads; to sell or lease its own road, and for other purposes.
Proof of due legal notice was submitted to the Senate.
The report, which was favorable, was agreed to.
The bill was read the third time and passed by a constitutional majority, there being ayes, 28 ; nays, o.

Mr. Presidmt:
The Joint Committee appointed by the Senate and the House under a resolution directing them to inquire into the bu;;iness of the General Assembly, and ascertain if it is possible to adjourn at 12 o'clock to-night, beg leave to report:
After looking into the business, that \Ve cannot, with due regard to the public interest, adjourn sine die before Tuesday evening next.
A. T. HACKETT, R. L. McWHORTER,
Oil part of tlte Smale.
SEAnoR" vVRIGHT, JoHN B. EsTES,
J. H. POLHILL,
On part of the House.
On motion of :\ir. Hackett, this report was taken up and :adopted.
The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the .Savannah Transportatibn Company, and to authorize said company to build and operate a railroad, extending from the Central Railroad Depot in the City of Savannah, to the Ce:1tral Railroad wharves, and to the wharves of the Savan-

728

]OCRNAL OF THE SEJ\ATE,

nah, Florida and Western Railway, and to the depot ot the Savannah, Florida and \Vestern Railroad.
Proof of due legal notice was submitted to the Senate.
The report, which was favorable, was agreed to.
The bill was read the third time and passed by a constitutional majority of ayes, 30; nays, o.
Leave of absence was granted Messrs. King and Carter for the balance of the session.
Mr. Mc\Vhorter, chairman of the Enrollment Committee, submitted the following report:

Mr. President:
The Committee on Enrollment report as duly enrolled, and ready for the signature of the President and Secretary of the Senate, the following act, to-wit:
An act to compromise the claims of Howard Van Epps, Solicitor of the City Court of Atlanta.
Respectfully submitted. R. L. McvVHORTER, Clzazrman.
The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the Savannah Freight Tramway Company, and to authorize said compay to build and operate a freight trc.mway for the transportation of produce, merchandise and other arti cles in or upon cars drawn by animal power, extending from the Central Railroad Depot, in the City of Savannah, to the Central Railroad wharves and the wharves of the Savannah, Florida and Western Railway, and to the depot of the Savannah, Florida and vVeskrn Railway, and for other purposes.
Pro&lf of due legal notice was submitted to the Senate.
The report, which w::1s favorable,' was agreed to. The bill was read the third time and passed by a constitutional majority, there being ayes, 2 5 ; nays, o.

SEPTEMBER 24, I88I.
The Senate took up the report of the Finance Committee on the bill of the House .o change the fiscal year, and to provide when official reports shall be made, and for other purposes.
The report, which was" favorable, was agreed to. The bill was read the third time and passed by a constitutional majority, there being ayes, 25 ; nays, o. Mr. McWhorter, chairman of the Committee on Enrollment, submitted the following report:
Mr. President:
The Committee on Enrollment report as duly enrolled and signed by the Speaker of the House of Representa tives, and ready for the signature of the President and Secretary of the Senate, the following act :
An act to provide for a settlement and adjustment of the claims of the State against the Marietta and North Georgia Railroad.
Respectfully submitted. R. L. McWHORTER, Chairman.
The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the Red Line Steamboat Company, and for other purposes.
Proof of legal notice was submitted to the Senate. The said committee reported in favor of its passage with amendments, which were adopted. The report was agreed to.
The bill was read the third time and passed, as amended, by a constitutional majority of ayes, 25 ; nays, o.
The Senate took up the report of the Judiciary Committee on the bill of the House to abolish the County Court of Screven county, and for other purposes.
Proof of due legal notice was submitted to the Senate. The report, which was favorable, was agreed to.

730

JOURNAL OF THE SENATE,

The bill was read the third time and passed by a consti tutional majority, there being ayes, 23; nays, o.

The Senate took up the report of the Committee on Railroads on the bill of the H.ouse to incorporate the Gainesville, Blairsville and State Line Railroad Company, .and for other purposes.
Proof of due legal notice was submitted to the Sen2.te.

The report, which was favorable, was agreed to.

The bill was read the third time and passed by a constitutional majority of ayes, 26 ; nays, o.

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

.Jlfr. P1esidmt :
The House of Representatives has adopted the report of the Joint Committee appointed to enquire into the business of the General Assembly, which report fixes Tuesday evening next, the 27th instant, as the time of adjournment sz"ne dz"e, of this General Assembly.

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 follow ing Senate resolution, to-wit:

A resolution concerning the lease of the \Vestern and Atlantic Railroad Company ; also,

The following resolution of the House, to-wit:

A resolution to authorize his Excellency the Governor to pay certain advertising bills of the Railroad Commission.

The House of Repre~entatives has concurred in the Senate's amendment to the following bills of the House:

731
A bill to make it a misdemeanor for any person or persons to obstruct the free and usual passage of timber upon the several water courses in this State ; also,
A bill to amend an act to create a Board of Commissioners of Roads and Revenue for the county of Taylor.
The Hou~e of Representatives has passed the following Senate bill, to-wit:
A bill to amend section 19 of the Public School Laws of Georgia ; also,
A bill to repeal the last clause of section 44 I of the Code of 1873; also,
A bill to provide an additional mode of obtaining tales jurors in trials for a felony.
Mr. McvVhorter, chairman of the Enrolling Committee, snbmitted the following report :
Mr. Preszdeut: The Committee on Enrollment report as duly enrolled
and ready for ~he signature of the President and Secretary of the Senate, the following acts, to-wit:
An act to amend section 45 40of the Code of 1873 ; also,
An act to punish the stealing of a bale or more of cotton ; also,
An act to regulate and restrict the rate of interest in .this State ; also,
An act to fix the weight of rough rice in this State; also,
An act to fix the fed of public weighers of cotton; also,
An act to provide for the restoration of the last previous name of the wife in all divorce cases ; also,
An act to prescribe the fees of Clerks of Superior Courts.
Respectfully submitted R. L. McvVHORTER, Clzairman.

732

jOUR:\AL OF THE SEI\ATE,

The bill of the House to amend an act to provide for the payment of certain insolvent criminal costs in theN orthern J udiciul Circuit, and for other purpose~, so far as the same r"elates to the county of Hancock, which on the 23d inst., was lost by agreement with the adverse report of the Judi-
ciary C !lnmittee, was, on motion of Mr. :vr cDaniel, recon-
sidered by a unanimous vote and read the second time. The Senate took up the report of the Committee on
Agriculture on the bill of the House to repeal an act entitled an actto encourage immigration to Georgia, and for other purposes, approved October 17, 1879
On motion of Mr. Byrd, this bill was laid on the table. Mr. Byrd offered the following privileged resolutions, which .were taken up, read and unanimously agreed to, to-wit:
WHEREAS, The President of the United States has, by proclamation, recommended the people of all the States to observe Monday, the 26th day of September, r88r, as a day of humiliation and mJurning in honor of the late President of the United States, who is to be burieci on that day.
Axn WHEREAS, The Governor of Georgia has, in accordance with the proclamation of the President, issued his proclamation recommending the people of Georgia to observe said day in the manner aforesaid ; therefore,
Resolved by t!te Senate imd House of Represnztatives in Gmeral Assembly met, That a committee of three from the Senate and five from the House be appointed to make arrangements for religious ~ervices, to be held in the hall of the House of Representatives, at 11 o'clock A. :\!., on that day, and that both Houses meet in their respective halls at 10 o'clock A. M. on that day, and stand adjourned for the day in respect to the memory of the deceased President.
The President appointed as the committee on the part of the Senate, by virtue of the foregoing joint resolutions, Messrs. Byrd, Hicks, and Smith of the Fifteenth District,

SEPTE:\lBER 26, I 88 [.

733

The resolutions were ordered to be transmitted to the House of Representatives without delay.
The Senate, on motion of Mr. Byrd, adjourned until 10 o'clock A. M., Monday.

SENATE CHAMBER, ATLA:><TA GA.,

Monday, September 26, 1881, 10 o'clock A. l\1.

The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Rev. Mr. Clarke, of the county of \Vayne.

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

Baker, Barksdale, Brown,
rlond,
Butt, Byrd, Curtis,
Daniel,
Denmark, Duggar, Gorman,
Guerry,

Harris,
Harrell, Hawts, Hackett, Hicks. .rordai1, .Johnson. Kine:, J'\IcDaniel, 1\'lattox, J\IcWhorter, l\Iddrim,

l\loseley,
Neal.
Park~.
Pavne Prire.'
Reid. Smith of the 5th. SWitolsreoy~,
'Vinn. Wnoilward,
~IR. Pl!Ef\IDE~T.

The Journal was read and approved.

Mr. Harris gave notice of intention to move a reconsideration of the Senate's action on the bill of the House to promote and advance medical science by furnishing the bodies of certain persons for dissection, etc.
Mr. McWhorter gave notice of intention to move a reconsideration of the Senate's action in agreeing to the resolutions reported by the Special Committee on the Lease of the Western and Atlantic Railroad.
Mr. Guerry made the point of order that the Senate. having transmitted its action to the Hou e, and that body

734

JouRNAL OF THE SENATE,

having reported to this its concurrence therein, it is too late to move a reconsideration.

It was ordered by the s~nate that the motion to reconsider, and the point of order mentioned, go over until tomorrow, and that they be the first business in order after the reading of the Journal.

Mr. Byrd, chairman of the joint committee to arrange an order of religious exercises for this day, made the following report, which was read and adopted, to-wit:

The committee appointed under a joint resolution of the Senate and House of Representatives of Georgia, to make arrangements for appropriate religi'ous exercises in the hall of the House of Representatives, at I I o'clock A. M., on Monday, the 26th inst., as a day of humiliation and mourning in honor of the late President of the United States, beg leave to present the accompanying order of exercises, and to report that they have made arrangements to have it carried out, the choir and various ministers selected having signified their willingness to be present, and to assist by the performance of their respective duties assigned them.

Respectfully submitted.

S. M. H. BYRD, Cltaz1man.
T. J. SMITH, J. H. HICKS,
Oommittee on part of Senate.

L. M, LAMAR, Chairman,
J. W. TuRNER. w. L. PEEK, z. s. COFFIN, J. ]. CRUMLEY,
Committee on part of House.

SEPTE~!BER 27, I88I.

735'

ORDER OF ExERCISES OF MEMORIAL ExERCISES TO BE HELn
Dr THE HALL oF THE HaesE OF REPRESE"'TATIVES, SEP-
TDIBER 26, AT I I o'CLOCK, A. M. Music. Voluntary by Choir.
Reading of Scriptures by Rev. R. J. Cook, M. E. Church.
Song by Choir.
Prayer by Rev. J. H. Martin, D. D.
Song by Choir. Sermon by Rev. \Vm. E. Boggs, D. D., Presbyterian Church. Prayer by Rev. A. G. Thomas, Church of Christ. Doxology, by Choir and audience. Benediction by Rev. \V. D. Gwinn, D. D., Baptist Church. The Senate adjourned on motion, until 9 o'clock A. M., to-morrow.

SENATE CHAMBER, ATLAm'A, GA.,

Tuesday, September 27, 188r, 9 o'clock A. M.

The Senate met pursuant to adjournment, the President

in the chair.

Prayer was offered by the Rev. Mr. Robinson, of the

county of Fulton.

On the call of the roll, the following Senators answered

to their names:

Baggs, Baker, Barksdale, Brown, Bond, Butt, Byrd, Curtis, Daniel, Denmark, Duggar, Fouche, Gorman, Guerry,

Harris, Harrell, Hawes, Hackett, Hicks, Jordan, ;)fcDaniel,
Mattox, McWhorter, llleldrim, ;)foseley, Neal, Parks,

Payne, Price, Reid, Smith of the 5th, Smith of the 15th, Smith of the 23d, Storey, Treadwell,
Westbrook, Wilson, Winn, l\fR. PRESIDE;o;!T.

The Journal was read and approved.

JouRNAL OF THE SENATE,

The motion of Mr. McvVhorter to re-consider the action of the Senate on Saturday, in agreeing to the report and resolutions embraced therein, presented by the committee on the lease of the Western and Atlantic Railroad, was taken up.

Mr. Guerry re-submitted his point of order, viz: that the subject matter having been acted upon by the Senate, and transmitted, on motion, to the House, and returned to the House and returned to the Senate with notice of the concurrence of the House, it is now too late to reconsider.

The President ruled the point well taken.

Mr. McvVhorter appealed from the decision of the Chair.

On the question, "shall the decision of the Chair stand as the judgment of the Senate," Mr. Guerry called for the ayes and nays, which were recorded.

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

Baker, Barksdale Butt, '
Curtis. Dauiel, Denmark Fouche, '
Guerry, Harris,

Hawes, Harrell. Hackett, Hicks, Jordan, 1\leDav iel,
l\1 attox, 1\leldrim, Moseley,

Neal. Parl,s,
Heicl, Smith of the i'ith.
Smith of the 15\ll. Treadwell, vVestbrook \\ i!son, ' Winn.

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

Brown,
Bond, Byrd, Duggar,

Gorn,an.
l\lcWh~>rter,
Pa_ ne,

Prir.e, t'mith of the 23d, Storey,

Ayes, 27. Nays, 10.

So the ruling of the Chair was ordered to stand as the judgment of the Senate.

The bill of the House to promote and advance medic::1l science by furnishing bodies of certain persons for dissection, etc., which was the subject-matter of a motion to reconsider, by Mr. Harris, having, undel' a general order, been transmitted to the House of Representatives, it "as ordered, on motion of Mr. Harris, that the House be re-

SEPTE:\1BER 27, I 88 I.

737

quested to return said bill to the Senate. and the motion to reconsider the same, made the special order for the hour of half-past 12 o'clock P. \!., this day.

The foll::>Wing message was received from the House of Representatives through Mr. Hardin, the Clerk thereof:

Mr. President:

The House of Representatives has passed the follo,,;ing bills of the Senate by substitute, to wit:
A bill to provide for the better inspection, management and control of the convicts of this State.
The following bills of the Senate was taken up and read in the House the third time and lost, to-wit:
A bill to be entitled an act to regulate the sale of spirituous liq.uors in this State, and for other purposes; also,

A bill to provide for the appointment of a committee to act as a board of visitors to the State University.
The Senate, on motion, took up the amendment of the House to the bill of the Senate to provide for the better inspection, management and control of the convicts of this State, which amendment was in the nat:1re of a substitute.
Mr. Hawes moved that the Senate disagree to the amendment of the House, and on this he called for the previous question, \\'hich was seconded, and the rr.ain question was submitted to the Senate.
On this the ayes and nays were ordered to be recorded. Those who voted in the affirmative are, to-wit-Messrs.

Baker, Barksdale Brown, '
Bond, Butt, Byrd, Curtis, Dauiel, nuO'gal'
Foli'che; llonua1i,
47

Hanb, Hawes Haekett !lll'k' ,
McD;{niel, lllattux, McWhorter,
MeJdn"'
'lo~<'ley,
Neal, Price,

Reid, :::imith of the ,'Jth, :::imith of the 15th, Smith of the 23d,
"Iorey, Treadwell Wilsun, ' Wi11n, Woodward.

JouRNAL oF THE SENATE,

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

Denmark,

Guerry,

Payne, Westbrook.

Ayes, 32. Nays, 4

So the motion to dis1gree to the same prevailed.

The follo,fing message was received from the House of Representatives through Mr. Hardin, the Clerk thereof:

Mr. Preszdent:

The House of Representatives has passed the following bills of the Senate, to-wit :

A bill to regulate and fix the mode of appointment, and the official term of the State Librarian, and for other purposes ; also,

A bill to amend section 1377 of the Code of 1873 The following bills of the Senate were passed by the House of Representatives a<> amended, to-wit:

A bill to amend an act to enable purchasers of Railroads to form corporations, and for other purposes ; also,
A bill to provide for the more efficient granting of diplomas by :\1edical Colleges in this State.

The Senate took up and concurred in the House amendments to the following bills of the Senate, to-wit :

A bill to provide for the more efficient granting of diplomas by Medical Colleges; and

A bill to amend an act entitled an act to enable the purchasers of railroads to form corporations, and for other purposes.

The Senate took up the report of the Judiciary Committee on the bill of the House to prohibit the distillation of any grain in the State of Georgia for twelve months, and to provide a punishment therefor.

Said committee reported in favor of its passage, with amendments, pending discussion of which the bill, on motion of Mr. Price, was indefinitely postponed.

SEPTEMBER 27, r881.

"739

The Senate took up the report of the Judiciary Committee on the bill of the House to amend an act to provide for the manner of tax sales by Municipal corporations in this State, and for other purposes, approved February 27, 1877.
Said committee reported in favor of the passage of the same, with certain amendments, which were adopted.
The report was agreed to. The bill was read the third time and passed, as amended, by a constitiutional majority of ayes. 27; nays, o. The ~en ate took up the report of the ,Judiciary Committee on the bill of the House to amend the law in relation to letting out contracts to build or repair public bridges, approved September 29, 1879. The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority of ayes, 26; nays, o. Mr. Mc\Vhorter, chairman of the Enrolling Committee, submitted the following report:

iV.fr. P1eszdent: The Committee on Enrollment report as duly enrolled
and ready for the signature of the President and Secretary of the Senate, the following acts, to-wit :
An act to amend section 326 of the Code of 1873 ; also, An act to amend section 441 of the Code of 1873; also, An act to incorporate railroad companies in this State, and to prescribe the powers, duties and liabilities of the same.
An act to amend section r377 of the Code of r873 ; also, An act to regulate and fix the mode of appointment, and the official term of the State Librarian ; also, An act to provide an additional mode of obtaining tales jurors in trials for a felony, and to provide compensation for such jurors. Respecttully submitted.
R. L. WcWHORTER, Ch.ainnan.

740

jOURNAL OF THE S!!NATE,

The Senate took up the report of the Committee on Education on the bill of the House to authorize the town council of Thomaston to issue and sell bonds to the amount of S;,ooo, and for other purposes.
Proof of due legal notice was submitted to the Senate.

The report, which was favorable, was agreed to. The bill was read the third time and passed, by a con stitutional majority of ayes, 26; nays, o.

The Senate took up the report of the Judiciary Committee on the bill of f1e House to fix and determine the manner of returning for taxes, land divided.

The report, which was favorable, was agreed to.
The bill was read the third time and passed by a constitutional majority, there being ayes, 29; nays, o.
:Vlr. McDaniel, chairman of the Committee on the J udiciary, made a report on.certain bills.

The Senate took up the report of the Judiciary Com mittee on the bill of the House to require Ordinaries to register the names of persons for whom they shall issue marriage license, and to require Judges, Justices and :\1inisters of the Gospel to return the same, and for other purposes.
Said committee reported in favor of the passage of the bill, with certain amendments, which were adopted.

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

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

Barksdale, Brown,
Butt, Byrd, Denmark,
Gorman,
Gu~rry,

Harrell.
Hackett,
HickP, .Jordan, lleldrim, \loseley, Parks,

Price, Heid,
Smith of the 15th,
Smith of the 23d, Storey, WeHbrook,
Woodward.

SEPTE~1DEI< 27, ISSr.

74l

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

Baker Bond,'
Curtis, Daniel,

Duggar,
Frnw!Je. Hawes, l\IcDaniel,

Mattox,
vVil~nn,
\VIIlll.

Ayes, 21. Nays, I I.

The bill having failed to receive a constitutional majority, was lost.

The Senate took up the report of the Committee on Corporations on the bill of the House to correct an error in a date occurring in an act, approved August 24, I 88 l, during the present session of the General Assembly, entitled an act to change the several acts incorporating the town of Conyers, Georgia, etc.

The report, which was favorable, was agreed to.

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

Mr. McWhorter offered the following privileged resolu tion which was taken up, read and agreed to, to-wit :

Resob.,ed, That the President of the Senate, one member of the Enrolling Committee, one member of the Auditing Committee, and the Secretary and Assistant Secretary, be authorized to remain at the Capitol for three days, for the purpose of bringing up the unfinished work of the session.
The Senate took up the report of the Committee on the Judiciary on the bill of the House to regulate the sale of pistols, dirk-knives, bowie-knives, sword-canes and toy pistols in the State of Georgia.
The said committee reported adversely to the passage ot the bill.
On motion of Mr. Gorman, the Senate dis<~greed to the adverse report.
On motion of Mr. Parks, the report of the Committee of the Whole was amended by adding after the word,

742

jOURNAL OF THE SENATE.

"person" in the 2d llne of the first section the following, to-wit: "Engaged in the business of."
The report, as amended, was agreed to.
The bill was read the third time, and on the question of its passage, the ayes and nays were required to be recorded.
Those who voted in the affirmative are, to-wit-:Vlessrs.

Barksdale, Brown,
Bond,
Byrd,
Daniel, Duggar, Gorman,

Haneli, Hackett, Hicks,
Jordan, Mattox,
:\lc Wborter. )[oseley,

Neal, Payne, Price, Smith of the 5tb, Smith of the 15th, Storey, Treadwell.

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

Bak,.r Butt.' Denmark, Fouche, Guerry,
Ayes, 2 I.

McDaniel, Meldrim, Parks, Smith of the 23d,
Nays, 13

Westb:o >k, Wilson, Winn, Woodward.

The bill having failed to receive a constitutional majority, was lost.

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

i/lb. President:
The House of Representatives has concurred in certain amendments, and refuses to concur in certain other amendments to a bill of the House, No. 944, entitled as follows:

A bill making additional appropriations to those contained in the last general appropriation act, approved December 6, I88o, and which was omitted therefrom, and for other purposes.

Mr. McWhorter, chairman of the Committee on Enrollment, submitted the following report:

SEPTE~1BER 27' 188 I.

743

Mr. President:
The Committee on Enrollment report as duly enrolled, and ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit:
An act to provide for the more efficient granting of diplomas by medical colleges; also,
An act amending an act enabling the purchasers of railroads to form corporations.
Respectfully submitted. R. L. McWHORTER, Cltairman.

The Senate, on motion, took up the bill of the House making additional appropriations to those contained in the last general appropriatio-n act, approved December 6, r88o, and which were omitted therefrom, and for other purposes, the House having refused to concur in an amendment of the Senate increasing the per diem of porters in the Senate and House of Representatives, and appropriting the sum of sixteen hundred dollars to pay a balance due to the late public printer.

On motion of Mr. Guerry, the Senate receded from the first mentioned amendment.

From the amendment last mentioned, Mr. Fouche moved that the Senate recede, and on this motion required the ayes and nays to be recorded.

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

Byrd, Daniel, Fouche,

Hackett, Jordan, .1\ielclrim,

Paynl', Wilson, Winn.

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

Baker, Barksdale. Bond,
DCuugrgti~sr. Gorman, Guerry,

Harris, Harrell, McDaniel,
~[attox.
l\Ioseley, J)Oeal Park's,

Price, Smith of the 15th, Smith of the 23d, Storey, Westbrook, Woodward.

. \yes, 9 0Jays, 20.

744

j OUKNAL OF THE SENATE,

So the Senate refused to recede, and insisted upon said amendment.
The following message was received from the House of of Representatives, through Mr. Hardin, the Clerk thereof:

Mr. Presz'dent:
The House of Representatives has agreed to the following bill, and respectfully asks a committee of conference of the two Houses on the same, to-wit :
A bill to provide for the better management, inspection and control of the convicts of the State.
The House has appointed as committee on the part of the House, Messrs. Barrow, Post, DuBignon, Maddox, and Turner of Monroe.
The House of Representatives has also agreed to the following resolution, to-wit :
A resolution granting the request of the Senate for the return of House bill, No. 1079
The House of Representatives has also concurred in the Senate's amendments to the following bills, to-wit:
A bill to provide for the manner of tax sales by municipal corporations in this State, and for other purposes.
The Senate took up the- report of the Committee on Agriculture on the bill of the House to repeal an act entitled an act to encourage immigration to Georgia, and for oth~r purposes, approved October 17, I 879.
The report, which was favorable, was agreed to.
The bill was read the third time, and on the question of its passage, the ayes and nays were required to be recorded.

SEPTEMBER 27, I88I.

745

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

Baker, Barksdale, Bro\\n Bond,'
Byrd, Duggar, Fouche, Guerry,

Harris, Harrell Hawes,' Hackett, Hicks. ~[c Whorter, ;\loseley,
Parts,

Payne, Prir-e. i:3mith of the 5th, Smith of the 23d, Treadwell, Wilson. Winn.

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

Butt. Curtis. Daniel, Gorman,

Jordan,
~IcDaniel,
Mattox, )leldrim,

Neal, i:3mith of the 15th, Storey, Westbrook.

Ayes, 23. Nays, I 2.

So the bill was passed by a constitutional majority.

On motion of Mr. Hawes, the Senate insisted upon its disagreement to the amendment of the House to the bill of the Senate to provide for the better management and control of the convicts of this State, and consented to a committee of conference.
The President appointed as such committee of conference, Messrs. Fouche, Meldrim, Winn, Wilson and Bond.

Leave of absence was granted Mr. Suddath, on account of extreme illness of his family.

Mr. McWhorter, chairman of the Enrolling Ccmmitt(e submitted the following report:

Mr. Ptesident :
The Committee on Enrollment report as duly enrolled, signed by the Speakor and Clerk of the House of Representatives, and ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit:

An act to anthorize the town council of Reynolds, in Taylor county, to issue bonds; also,
An act to exempt Floyd county from the provisions of section 67 I I of the Code of I873; also,

JoURNAL OF THE SENATE,
An act to incorporate the Kingston, \Valeska and Gainesville RClilroad Company; also,
An act to regulate practise in the Supreme Court of -Georgia ; also,
An act to incorporate the town of Millen; also,
An act to incorporate the town of Grovetown, in the county of Columbia; also,
An act to incorporate the Georgia Southern and Florida Railroad Company; also,
An act to incorporate the Elberton and Point Peter Railroad Company; also,
An act to incorporate the Covington and North Georgia Railroad Company; also,
An act to incorporate the Monticello and Trans-Ocmulgee Railroad Company; also,
An act to amend section 4505 of the Code of 1873; also,
An act to protect creditors in cases of voluntary assign ment by insolvent debtors; also,
An act to incorporate the town of Summerville, in Chattooga county; also,
An act to provide for the payment of Ben. F. Culp and John B. Burch ; also,
An act to require the chairman of the House Finance Committee to keep a register; also,
An act to amend section 4368 of the Code of 1873; An act to amend an act to provide for the better organization, government and discipline of the volunteers of this State ; also, An act to repeal an act creating a Board of Commissioners of Roads and Revenue for the county of Madison; also,

SEPTEMBER 27, 188 r.

747

An act to enable the Trustees of the University of Georgia to inaugurate a system of free tuition in that institution ; also,

An act to amend an act to repeal the several acts estab lishing Commissioners of Roads and Revenues in the counties of Jones, Chattahoochee, Bulloch and Heard, assented to September 26, 18 79, so far as relates to Douglas county ; also,
An act to provide compensation for the Sheriff of the Supreme Court of this State in pauper cases ; also,
An act to incorporate the South Side Street Railroad Company ; also,
An act to amend the charter of the Elberton Air Line Railroad ; also,
An act to incorporate the town of Morrows ; also,

An act to amend section 1562 of the Code of I 87 3 ; also,
An act to charter the Middle Georgia Railroad Company; also,
An act to prescribe the mode and manner of making insurance returns to the Comptroller-General; also,
An act to regulate the practise in equity causes referred to Masters in Chancery ; also,
An act to incorporate the Dahlonega, Dawsonville and Gainesville Telephone and Telegraph Company; also,
An act to amend an act incorporating the Town of Tennille, in the county of Washington; also,

An act to incorporate the Citizens Savings Bank of 'Savannah ; also,

An act to authorize and empower the Mayor of the City .of Savannah to tax the property of the Savannah, Florida .and Western Railroad ; also,
An act to incorporate the Elberton and :P~~~(sburg Railroad Company ; also,

JouRNAL oF THI! SEXATE,

An act to prescribe the mode of equity practise in certain cases; also,

An act to make permanent the income of the University of Georgia ; also,

An act to extend and make applicable the provisions of sections 1449, 1450, 145 r, 1452, 1453 and 1454 of the Code to the 3 rst, 38th and 26oth District, Georgia Militia, in the county of Screven ; also,

An act to repeal an act to incorporate the Town of Lawtonville ; also,

An act for the appointment of county police and patrol for Richmond connty; also,

An act to amend the several acts incorporating the City of Macon ; also,

An act to prohibit the selling or furnishing liquor in the 483d District, Georgia Militia; also,
An act to authorize the Commissioners of Twiggs county to purchase property advertised for sale for State and county ta?'es ; also,

An act to regulate the manner or letting out contracts to build or repair public bridges, causeworks or other public works in Polk county ; also,

An act to allow the voters of Macon county to pass upon prohibiti11g the sale of spirituous liquors in Macon county ; also,

An act to amend section 3509 of the Code of 1873;

also,

.



An act to change the time for holding the Superior Court for Clayton county; also,

An act to aut 1orize the City Council of the City of Ylacon to submit to a vote the question of purchasing the Holdridge property for school purposes ; also,
An act to protect the farming interest in Monroe county; also,

SEPTDillEK 27, r88t.

749

An act to enlarge the powers of county authorities of this State by levying taxes for pauper purposes; also,

An act to authorize the municipal corporations in this State to provide by ordinance for the forfeiture and collection of appearance bonds, etc. ; also,

An act to amend an act incorporating the Talbotton Branch Railroad Company ; also,

An act to incorporate the Blue Ridge and Etowah Railroad Company; also,
An act to abolish the County Court of Richmond coun ty; also,
An act to incorporate the town of Vienna ; also,

An act to amend an act to prescribe the manner of foreclosing certain chattel ri-lortgages ; also,

An act to repeal an act in reference to the road laws in the county of DeKalb ; also,
An act to amend the charter of Camilla; also,

An act to compel Clerks of the Superior Court to deliver up ballots in their possession, and for other purposes; abo,
An act to incorporate the Rome Southern Railroad Company ; also,
An act to provide tor the keeping of a record in each county of this State of the wild land lying and being therein; also,

An act to amend an act to create a Board of Commissioners of Roads and Revenues for the county of Fulron ; also,
An act to require each county in this State to defray all expenses of trying every commission of 'unacy, and for other purposes; also,
An act to provide for the enforcement of the bonds of county officers who filed their official bond after the ti!lle

'jOCRNAL OF THE SENATE,
had elapsed for executing and filing such bond under existing law; also,
An act to prohibit the sale of liquor in Burke county ; also,
An act to alter and amend the charter of the Bainbridge, Cuthbert and Columbus Railroad Company ; also,
An act to incorporate the Chattahoochee Canal Com pany; also,
An act to confer additional powers upon the Board of Commissioners of the town of Hampton ; also,
An act to incorporate the Atlanta Home Insurance Company; also,
An act to prohibit the sale of wh_iskey within two miles of any church in the city nf Forsyth; also,
An act to require the Judge of the Superior Court of the County of Jackson to have published in advance, the order in which he will take up the docket; also,
An act to regulate the manner of letting out contractsto build or repair public bridges; also,
An act to incorporate the Rome Canal and Water Company; also,
An act to regulate the practice of medicine in this State ; also,
An act to incorporate the Cedartown Railroad Company; also,
An act to prevent the purchase or sale or receipt or delivery of seed cotton between sunset and sunrise; also,
An act to order an election to determine if the sale of intoxicating spirits shall be prohibited in the county of Worth ; also,
An act to amend an act to prohibit the killing of patridges, wild turkeys and deer at certain seasons in the counties of Lowndes, Thomas and Putnam; also,

SEPTEMBER 27, I88r.

751

An act to authorize the Mayor and Council of the City of Dalton to levy a tax for school purposes ; also,

An act for the relief of the bondsmen on the bond of the Stonewall Rifles for arms iurnished by the State of Georgia ; also,
An act to amend an act incorporating the town of Talbotton ; also,
An act to prevent the reckless and unnecessary destruction of fish in Screven county; also,

An act to provide for the appointment of Road and Revenue Commissioners in the county of Emanuel; also,
An act to incorporate the Greenville and White Suphur prings Railroad Company; also,
An act to define the authority of the Commissioners of Roads and Revenue of Glynn county; also,
An act to appropriate Ss,ooo for the repair of the public
buildings at Milledgeville; also,
An act to prohibit the sale of liquors in Luthersville ; also,
An act to amend an act incorporating the town of Sharpsburg; also,
An act to incorporate the Atlantic and Pacific Telegraph Company; also,
An act to authorize the foreclosure of mortgages in equity as well as in the manner prescribed by the Code; also,
An act to confer additional powers on the corporate towns and villages of this State ; also,

An act to amend section I 3 of the school law of August 23, 1872; also,

.-\.n act to amend an act incorporating the Gate City Street Railroad Company ; also,
An act to alter and change the time for holding the Superior Courts in the county of Baldwin; also,

752

JouRNAL oF THE SENATE,

An act to incorporate the Brunswick and Flint river Railroad Company; also,
An act to make the Jury Commissioners of Fulton coun ty Jury Com:nissioners of the City Court; also,
An act to prohibit the sale or furnishing liquors within three miles of Davisboro Baptist Church, in the county of vV ashington ; also,
An act to incorporate the town of Alapaha ; also,
An act to amend the several acts incorporating the Baptist Convention of this State ; also,
An act to authorize the crossing by bridge or track of the outlet of the Savannah and Ogeechec Canal, below the lock in the City of Savannah ; also,
An act to prohibit the sale of whiskey in the county of \Valton; also,
An act to amend an act approved March 2, 1875. re lating to the county of Butts ; also,
An act to encourage the culture of fish in the county of Lowndes; also,
An act to exempt toll cotton from certain liens; also, An act to authorize the building of a railroad from Newton to Ocmulgee; also, An act to amend section 3698 of the Code of r873; also, An act to collect a tax from iron safe dealers; also, An act to amend the charter of Savannah ; also,
An act to appropriate money for the State Library ; also, An act to appropriate money for the Deaf and Dumb Academy ; also, An act to incorporate the Savannah Transportation Com pany; also, An act to amend the charter of the Northeastern Railroad; also, An a<i:t to amend section 1631 of the Code of 1873 ; also,

SEPTEMBER 27, 1881.

753

An act to incorporate the Savannah Freight Tram way <":ompany ; also,

An act to incorporate the Red Line Steamboat Company; also,
An act to prevent the hunting on the lands of another ; .also,
An act to establish a Board of Commissioners for Screven county ; also,
An act to incorporate the Indian Springs Hailroad Company; also,
An act to carry into effect article 1 I, section I, paragraph 3 of the Constitution of Georgia; also,
An act to authorize proceedings . in equity in certain cases of insolvency; also,
An act to create a Board of Commissioners in Polk -county; also,
An act to incorporate the Romney Marsh Canal Company; also,
An act to prov;de for a settlement of the claims of the State against the Marietta and North Georgia Railroad Company; also,

An act to create a Board of Commissioners for Taylor county ; also,
An act makin~ it a misdemeanor for obstructing the passage of timber in the water-courses of this State ; also,
An act for compensating the Commissioners of Dough erty county ; also,
An act appropriating money to pay Vandyke Cook &
Vandyke, anJ 'vV. J. Hammond for services rendered;
abo,
An act amending an act incorporating the walton Railroad Company ; also,
48

754

JOURNAL OF THE SENATE,

An act appropriating money to pay W. W. Holt ; also,.

An act requiring the owners of certain animals to keep the same from running at large; also,

An act to provide for registration of voters in Savannah; also,
An act to amend an act relating to fence and stock law of this State; also,

An act to establish a Board of Pharmaceutic Examiners; also,

An act to submit certain questions to voters of Sumter county; also,

An act to incorporate companies formed within the State ; also,
An act to fix the time of holding elections by the General Assembly; also,
An act making it unlawful for cotton compressers to cut bagging from bales of cotton ; also,

An act establishing a Branch College of Agriculture at Hamilton ; also,
An act amending sections 1449, 1450, 145 I, 1452, 1453 and 1453 of the Code of 1873; also,

An act incorporating the Cumming and Suwanee Railroad Company ; also,

An act prescribing for the compensation of certain public officers ; also,

An act requiring Clerks of the Superior Court to make immediate record of certain papers filed; also,

An act amending an act amending section 3514 of the

Code of 1873; also,

'

.

An act to change the fiscal year and provide when offi-

cial reports shall be made ; also,

An act to abolish the County Court of the county ofScreven ; also,

SEPTEMBER 27, I88I.

755

An act to incorporate the Gainesville, Blairsville and State

Line Bailroad Company.



Respectfully submitted.

R. L. WcWHoRTER, Chairma11.

The Senate took up the report of the Judiciary Committee on the bill of the House to change the time for revising the jury boxes in this State.

Th.:: report, which was favorable, 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 the report of the Judiciary Committee on the reconsidered bill of the House to amend an act to provide for the payment of certain insolvent criminal costs in the Northern Judicial Circuit, so far as relates to H:mcock county.

The said committee reported in favor of its passage, with amendments, which were adopted.
The report was agreed to.

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

The Senate took up the report of the Judiciary Committee on the bill of the House to abolish the County Court of Troup county, etc.

The report being adverse, was agreed to, and the bill therefore lost.
The Senate took up the joint resolution from the House to authorize his Excellency, the Governor, to p::ty certain advertising bills of the Railroad Commission out of the public printing fund.
The resolution was concurred in.

The resolution of the House in relation to the office of the State Geologist of this State was taken up, read and concurred in.

)OL:R:\AI. OF THE SENATE,
The following message Wd.S received from the House of Representatives, through Mr. Hardin, the Clerk thereof:
Mr. Presidmt:
The House of Representatives has concurred in the following resolutions of the Senate, to-wit:
A resolution requesting our delegation in Congress to use their diligence in securing appropriations to render our rivers uavigable; also,
.-\ resolution requesting the members of Congress from Georgia to aid in obtaining appropriations for the education of the children of the South.
The House of Representatives refuses to recede from its action on Senate amendments to a bill making additional appropriations to those contained in the last general appropriation act, approved December 6, 1880, and respectfully asks a committee of conference on the same.
The House has appointed as committee-men on the part of the House, .Messrs. Miller, Reese, :\lartin of Talbot \Vheeler of Walker, and Hutchins.
The House of Representatives has also concurred in, as amended, a resolution of the Senatt: instructing our Sena tors and Representatives in Congress to use their influence to establish an assay office at Dahlonega, the former location of the United States branch mint.
M1. Presz'dmt:
The House of Representatives has concurred in a joint report of committee to investigate the offer of bonds by the Macon and Brunswick Railroad in payment of indebted ness to the State ; also,
A resolution on capitol building at Milledgeville.
On motion of Mr. Price, the amendments of the House to the resolution of the Senate in relation to the establishment of an assay office at Dahlonega. wen concurred !r:.

SEPTDIBER 27' I 88 I.

757

On motion of Mr. Prieto:, the Senate granted the request of the House for a committee of conference on .the disagreement of the two Houses as to the amendment of the Senate to the supplemental appropriation bill, and the President appointed Messrs. Price, Mattox, Guerry. Tread well and Moseley as the committee on the part of the Senate.

The hour of 1 2. 30 P M. having arrived, the Senate took up the special order for this period, to-wit: the reconsidered bill of the House to promote medical science in this State by furnishing the bodies of certain persons for dissection, etc.

The report, which was favorable, was agreed to.

On the question of its passage, the ayes and nays were required to bP. recorded.

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

Barksdale, Brown, Bond,
Butt,
Byrd, Daniel, Deonmrk. FGoorumcah~e , Harris,

Harrell, Hackett. Jordan.
;\lcDauiel. i\lattox, J\lcWhorter, Meldrim, );Lal,
Park~,

Payne, Price,
Reid. Smiti1 of the 15th, Smith of the 23d, :o;torey,
W~:>stbrook,
Wilsou, Winn.

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

Eaker,
Curti~,

GDuugeerr;ayr,.

Ayt:s, 28. Nays, 7-

:Moseley, Smith of the 5th, Treadwell.

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

On motion of Mr. Butt, the Senate took a recess until 3.30 o'clock P. M.

3 30 o'CLOCK, P. :\1. The Senate was called to order by the Pr~sident at this, the appointed hour.
The following message was received from the House of Representatives. through Mr. Hardin, the Clerk thereof:

joURNAL OF THE SENATE,
Mr. President: The House of Representatives has unanimously agreed
to the following resolution, in which they ask the concurrence of the Senate :
A resolution relative to the celebration of the battle of Yorktown ; also,
A resolution requesting the Senate, after adjournment, to join the House in the hall of the House, where the General Assembly will, before dispersing, join in the chorus of '' Sweet bye and bye "
The following message was received from his Excellency, the Governor, through Mr. Warren, his Secretary, to-wit:
Mr. President: I am directed by his Excellency, the Governor, to deliver
to the Senate a sealed communication, to which he respectfully invites the consideration of your honorable body in executive session.
The Senate, on motion, went into Executive session and having spent some time therein, returned to open session.
The following message was received from the House of Representatives, thr .)ugh Mr. Hardin, the Clerk thereof:
Mr. President: The House of Representatives has agreed to the follow-
ing resolution, in which they ask the concurrence of the Senate, to-wit:
A resolution recommending Mitcheli's System of Book Keeping.
The House of Representatives has also concurred in the Senate's amendments to the following bill, to-wit:
A bill providing for the payment of certain insolvent criminal costs in the Northern Judicial Circuit.
On motion of Mr. Denmark, the Senate took up the resolution fro:n the House recommending Mitchell's System of Book Keeping.

SEPTEMBER 27, I88I.

759

Mr. McWhorter proposed to amend said resolution by adding thereto the words, "and McGregor's System of Book Keeping."
The amendment was not adopted.
The resolution was concurred in.

Mr. Fouche, from the Committee of Conference on the bill of the Senate and substitute therefor by the House, to provide for the better inspection, management and control" <>f this State, made the following report:

Mr. Presz"dent :

The Committee of Conference to whom was referred the differences between the Senate and .H()use of Representatives upon the consideration of a bill entitled an act to provide for the better inspection, management and control of the convicts of this State, recommend that the same do pass by a substitute, which has been prepared by the committee, in lieu of the Senate bill and substitute of the House of Representatives.
Respectfully submitted. R. T. FOUCHE,
Charman on tlze part of the Senate.

The s"Jbstitute reported by s1id committee was, on mo tion, taken up and read.
Mr. Hackett moved to amend by striking out two weeks and inserting one month.
Mr. Butt moved the indefinite postponeni~nt of the sub-
ject-matter.

On the motion to indefinitely postpone, the ayes and .nays were required to be recorded.

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

Baker, Barksdale,
Brown,
Butt, Byrd,
unis,

Gorman, Harrell, Hackett, 1\lattox,
Moseley,
Neal,

Price, Heid, Smith of the 5th, Smith of 1he 23d, Storey,
Tread well.

JOUR~AL OF THE SENATE,

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

Daniel, Denma1k,
Fonche,
Guerry, Harris,
Hawes,

Jordan, lieDaniel, }fc Whortcr,
}leldrim,
Parks,

Payne, Westbrook, \Vilson, Winn,
i\>lR PRES[OE:qT.

Ayes, 18. Nays, 16.

So the motion to indefinitely postpone was not concurred in.

Mr. Price, chairman of the Committee of Conference on the disagreement of the two Houses on the supplemental appropriation bill, made the following report :

Mr. President:

The Committee of Conference of the two Houses, ap-

pointed on the disagreeing vote in regard to the amend-

ment of the Senate to appropriate the sum of sixteen hun-

dred dollars to J. P. Harrison, former Public Printer, have

considered the same, and report that they have come to no

agreement thereon. The committee ask to be discharged

from the further consideration of the same, and that anc

other Committee of Conference be appointed,. to whom th

matter shall be referred.

w. P. PRICE,

Clzairman Senate Committee.

A. L. MILLEt<, Clzaimzan House Committee.
The repor~vas adopted, and the President appointed as the second Committee of Conference on the part of the Senate, Messrs. McDaniel, Baker, Barksdale, Smith of the Fifth.District, and Mr. Jordan.

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

Mr. President:

The Heuse of Representatives has agreed to the following resoluti'J:l, to \\'it:

SEPTEMBER 27, I8Rr.
A resolution in relation. to the signing of the bills passed at the present session of the General Assembly by the President of the Senate and Speaker of the House of Representatives after the adjournment.
lVIr. McWhorter, chairman of the Enrolling Committee, submitted the following report:
J1fr. Preszdent:
The Committee on Enrollment report as duly enrolled and ready for the signature of the President and Secretary of the Senate, the following act, to-wit :
An act amending an act providing for the payment of certain insolvent criminal costs in the Northern Judicial Circuit.
R. L. McWHORTER, Clzairman.
Mr. Me Whorter, chairman of the Enrolling Committee, submitted the following report :
JWr. Preszdent :
The Committee on Enrollment report as duly enrolled and ready for the signature of the President and Secretary of the Senate, the following r~solution, to-wit:
A resolution on capitol builping at Milledgeville; also,
A report of committee to investigate the offer of bonds by Macon and Brunswick Railroad in payment of indebtedness to the State ; also,
A resolution authorizing his Excellency, the Governor, to pay certain advertising bills of Railroad Commission out of the public printing fund ; also,
A resolution in relation to the Office of State Geologist; also,
A resolutioi1 to instruct our Senators and Representatives in Congress to use their influence to establish an assay office at Dahlonega ; al:;o,

762

jOURNAL OF THE SENATE,

A resolution to request our delegation in Congress to use their diligence in securing appropriations to render our rivers navigable; also,
A resolution requesting the members of Congress to aid in obtaining appropriations for the education of the children of the South; also, the following acts, to-wit:
An act promoting medical science in this State; also, An act to correct an error in an act approved August 24, I 88 r, in reference t~ the town of Conyers ; also,
An act to change the time for revising the jury boxes in this State ; also,
An act to repeal an act encouraging immigration to Georgia ; also,
An act providing the manner of tax sales by municipal corporati,on~; also,
An act to amend an act regulating the manner of letting out certain contracts in the several counties of this State; also,

An act authorizing the council of Thomaston to is:ue bonds for certain purposes; also,
An act fixing the manner of returning for taxes, lands .divided.
Respectfully submitted. R. L. McWHORTER, Clzairman.
Mr. Price offered the foliowing resolution, to-wit : A resolution in regard to the action of the Senate and House of Representatives on the report of the Joint Committee to investigate the lease of theWestern and Atlantic Railroad. The same was, on motion, taken up and read.
Mr. Denmark moved to lay the resolution on the tab"e. On this motion, the ayes and nays were required to be recorded.

SEPTE~1BER 27, r88 r.

Those who voted in the affirmative are, to-wit-Messrc,

'Baker, Barksdale, Butt, Daniel, Denmark,

Fouche. Guerry.
Harrell. Jordan,' McDaniel,

l\I<tttox, Meldrim,
Park~.
Reid.
~mit 11 of the .'ith,
Westbrook.

Thm,e who voted in the negative are, to-wit-Messsrs.

-Brown,
"Bond, Byrd, Duggar,

Gorman. Hawes,
McWhorter, Price,

Smith of the 23d, Storey, Treadwell, Winu.

Ayes, r6. Nays, r 2.

So the motion to lay on the table prevailed.

On motion of Mr. Reid, the Senate took up and con-curred in the joint resolution of the House to allow twenty-four hours for affixing the official signatures of the President of the Senate and Speaker of the House of Representatives after adjournment of the General Assembly.

The resolution in regard to the celebration of the Y arktown Centennial was taken up and concurred in.
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 and Clerk of the House of Representatives, and ready for the signatures of the President and Secretary of the Senate, the following resolution, to-wit:
A resolution concerning the lease of the Western and Atlantic Railroad Company.

Mr. McWhorter, chairman of the Enrolling Committee submitted the following report:

Mr. President:
The Committee on Enrollment report as duly enrolled and ready for the signatures of the President and Secretary of the Senate, the following resolution, to-wit:

jOUR:\AL OF THE SENATE,

A resolution recommending Mitchell's System of Book Keeping.
Respectfully submitted. R. L. McvVHORTEt<, Clzairman.
Mr. Parks moved a reconsideration of the action of the Senate of this day, in posponing indefinitely the report of the Conference Committee on the bill for the better inspection, discipline, etc., of the convicts of this State.

The motion to reconsider prevailed.
On motion of Mr. Winn, the House was requestecl to return to the Senate the message by which the action of the Senate on the foregoing reconsidered matter was communicated to that body.
The report-of the Committee of Conference was taken up, viz: a substitute for the bill for the better inspection, managen;ent and control of the convicts of this State, the House havi g passed the bill of the Senate by substitute.

On the question of adopting the substitute reported by the Committee of Conference, the ayes and nays were required to be recorded.

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

Daniel, Oenma1k. Fouche,

Guerry, .Jordan, McDaniel,

.M:eldrim, Westbrook, Winn.

Those who voted in the negative are, to-wit-Mess~s.

Baker.
Barksdale, Butt. Byrd,
Lnrtis.
.Dug~ar,

Gorman, Handl, Hawes, Hackett, Jlattox, ~lose ley,

Neal, Parks, Price, Heid, ::i nith of the 23d, 'Treadwell.

Ayes, 9 Nays, 18.

So the report was n.ot adopted.

On motion of Mr. Hawes, the Secretary was instructed to communicate this action of the Senate to the House of Representatives.

~EPTDIBER 27, r881.

Mr. McDaniel, from the Committee on Conference on the disagreement of the two Houses as to the amendment of the Senate to the supplemental appropriation bill, made

the following report :

The Conference Committee on the Senate amendment

to the appropriation bill, touching payment of a balance

due to the late public printer, recommend that the sum

of five hundred dollars be paid in full satisfaction of the

claim, and that the Senate amendment be altered accord-

ingly.

H~:NRY D. :\1cDANIEL,

(Jtazrman Senate Committee.

Louis GARRARD, Cltairman House Committee.

The report was adopted, and the Secretary instructed to communicate this action to the House at once.

Mr. McvVhorter, chairman of the Committee on Enrollment, submitted the following report:

ilfr. President:
The Committee on Enrollment report as duly enrolled, and ready for the signatures of the President and Secretary of the Senate, the following resolution, to-wit:
A resolution relating to the celebration of the b<1ttle of Yorktown.
Respectfully submitted. R. L. McvVHORTER, Clzaimzm;.
Mr. Price, from a Joint Committee to inquire and report upon the manuscript of a work prepared by D. A. Martin, Esq., made the following report :

Mr. President :
The undersigned were appointed a Joint Committee of the Senate and House of Representatives to examine and report upon the manuscript of a work prepared by D. A. :Ma~tin, EsG_., entitled "Sup1e!11c Court Man~tal." 'v'/e

766

JouRNAL OF THE SENATE,

have severally performed the duty assigned us, and find' the work what it purports to be: A book of forms and instructions necessary and useful in the preparation and Cdrrying of cases to the Supreme Court, together with the decisions of the Supreme Court, and the statutes in relation thereto, except as modified by the General Assembly.
We deem the forms presented as safe and reliable, and and will be found useful to the legal fraternity, Clerks of Courts, as well as all others who may have occasion to consult a work of this character.
Respectfully submitted.
HENRY D. McDANIEL,
W. P. PRICE, Of tlze Senate.
PoPE BARROw,
HEJS"RY HILLYER,
0( tlil? House of Representatives. Yir. Parks offered the following resolution, which was read and agreed to, to-wit:
Resolved, by tlze General Assembly of Georgia, That a committee, consisting of two from the Senate and three from the House, be appointed to wait upon his Excellency, the Governor, and notify him that the General Assembly is now ready to adjourn sine die, and to ascertain if he has anything further to communicate before the adjournment takes place.
The President appointed as the committee on the part of the Senate, under the foregoing resolution, Messrs. Parks and Gorman.
The following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof:

M~. President:
The House of Representatives has concurred in thereport of the Conference Committee on a bill making addi-

I

SEPTDrBER 27, r881.
tiona! appropriations to those contained inthe last general appropriation act, approved December 6, r880.
Mr. Guerry offered the following resolution, which was read and adopted :
Resolved, That the Secretary inform the House of Rep" resentatives that the Senate has disposed of all business before it for consideration, and is now ready to adjourn sz'ne dz'e.
Mr. Parks, chairman of the joint committee appointed to wait upon his Excellency, the Governor, inform him that the General Assembly is now ready to adjourn sz'ne dz'e, and inquire whether he had any further communications to make, reported the performance of that duty, and that the reply of his Excellency was, he had nothing further to submit of an official character, but desired the committee to convey to each member of the Senate sincere wishes for his future usefulness and happiness.
Mr. Guerry offered the following resolution, which was read and agreed to :
Resolved, That the thanks of this body are due and are hereby extended to Mr. Frank L. Harralson, State Librarian, for his uniform courtesy and kindness.
The following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof: Mr. Presz'dmt :
The House of Representatives recedes from its amendments to the following Senate bills, to-wit :
A bill to provide for the better inspection, management and control of the convicts of this State.
The following message was received from the House of Representatives through Mr. Hardin, the Clerk thereof: Mr. Presz'dent:
The House of Representatives has concurred in the resolution of the Senate, to-wit:
,

768

JouRNAL OF THE SENATE,

A resolution appointing a Joint Committee to notify his Excellency that the General Assembly is ready to adjourn, and has appointed as the commi:tee on the part of the House, Messrs. Hunt, Zellars and Williams.
Mr. Me Whorter, chairman of the Enrolling Committee submitted the following report:

Mr. Presdent :
The Committee on Enrollment report as duly enrolled and ready for the signatures of the Preside'lt and Secretary of the Senate, the following act, to-wit :
An act providing for the better inspection, management and control of the convicts in this State.
The following message was received from the House of Representatives, through Mr. Harden, the Clerk thereof, to-wit:

iWr. p, eszdent :
I am instructed by the House of Representatives to notify the Senate that they are now ready for adjornment sne de.
Mr. Daniel offered the following resolution, which was read and adopted, to-wit:
Resolved, That the thanks of the Senate be, and they are hereby tendered reporters of the press for the accurate and reliable reports made by them during this session.
Mr. Parks offered the following resolution, which was read and unanimously agreed to, to wit:
1st. Resofu,i, Tha~ the sincere and heartfelt thanks of the Senate ate dl!e and are he::eby ter1dered tc .J:Jr bJ:L:~ and worthy President, Hon. J. S. Boynton, and to ...-\~ice President W. P. Price, for their most satisfactory dis charge of the arduous duties attendant upon their honorable and responsible stations, and for the uniform courtesy and impartiality which they have invariably shown to each

SEPTE~fBER 27, r881.
member of the Senate during the entire length of the pres ent session.
2d. Resolved, further, That the heartiest and warmest thanks of the Senate are due and hereby freely tendered to the able and excellent Secretary of the Senate, and to each and all of his faithful assistants, for the very prompt and capable manner in which they have each discharged the various and important duties that have devolved upon them during the present session.
3d. Resolved, further, That th<.: Senate most gladly and sincerely expresses its thanks to the faithful Messenger, Door Keeper, Assistant Door Keeper, the Pages and the Porters of the Senate, for the promptness and fidelity with which they have met and performed the duties of their respective po,.itions.
The business of the Senate having been disposed of, and the House of Representatives having notified this body of its readiness to adjourn szizc die, the President delivered an appropriate address to the Senate, at the close of which he declared the same adjourned without a day.
The Journals of the Senate having, from day to day, been read and approved as universally correct, I hereby approve the same, and declare that Jackson T. Taylor, the Journalizing Clerk, is entitled to all commendation and praise for the manner in which he has kept the same.
s. E. P. DEKMAI<K,
Clzairmmt Committee on Jounzals. Senate Chamber, Atlanta, Ga., September 27, r881.
49

INDEX TO SEI~AlE JouRNAL.

771

I:l:'rDE~
PART I.
ABSENCE-LEHE OF-
Granted to Messrs. Carter and Storey................................... 3 Granted to ~Iessr~. Fouche, TreadweJI and Gnrman ............... 32 Granteu to .Mr. Jordan ........................................................ 35 GranteJ to ~Ir. Curtis .........................................................46 Grantrd to the Committee on the Penitentiary........................47 Granted to :llr. Storl'y........................................................ ,51 Granted to the Committee on the Lunatic Asylum ................. 57 Granted to )lessrs. Byrd and Price...................................... 58 Granted to ~lr. Barksdale..... .. .........................................59 Granted to :\IesHs. Storey and J orclan .................................05 Granted to :i\lessrs. Smith of the 15th Dist., Woodward and
Smith of 23d Dist. .....................................................65 Granted to ~Ir. ~!ehlrim ...................................................... 82 Granted to :IIesHs. :.\Iattox and Baggs ....................................84 Granted to :\lessrs. Woodward and Jordan..........................102 Granted to ~Ir. :\Ielrlrim ...................................................107 Granted to ~Iessrs. McWhorter, Bond and Denmark .............108 Granted to )Iessrs. Mattox and Reid .................................... l12 Granted to Mr. Hicks........................................................ 114 Granted to ::iub-Committee on Penitentiary..........................120 Granted to lllr. Brown ......................................................120 Granted to the Committee on Deaf and Dumb Asylum............128 Granted to 1\lessrs. Bond, Neal, ~Iattox, Smith of the 5th
Dist. ancll\Ir. Woodward .......................................... 138 Granted to llr. Johnson... ................... .... ............. ........138 Granted to llessrs. Harrell, Denmark and Smith of the 15th
Dist . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 Granted to lllr. Neal. .......................................................150 Granted to 1\Iessrs. Treadwell, Duggar and Byrd..................158 Granted to :\Ir. Suddath .................................................... 164 Granted to )lr. Smith of the 23d Dist.. .................................175 Granted to :\lr. Storey......................................................190 Granted to J\Iessrs Sudc.Mh, Wilson and Smith of the 5th Dist. 191 Granted to Messrs. Hackett, Payne and the J\Iembers of the
Lunatic Asylum Committee .......................................197

772

INDEX TO SENATE JocRNAL.

Gmnted to :Messrs. Barksdale and Parks.............................. 197 Granted to Messrs. Wino, Reid and Harris ........................198 Granted to Messrs. Treadwell and Wilson ............................206 Granted to ~Iessrs. Westbrook, Harrell and Byrd.................. 222 Granted to Messrs. Suddath and Hicks................................. 229 Granttd to :Mr. Johnson .................................................... 230 Granted to l\Iessrs. Smith of the 15th Dist., Price and McDaniel 239 Granted to l\lessrs. Mattox, Curtis, Neal and Suddath ...........243 Granted to l\Ir. Butt .......................................................... 2.'i6 Granted to Messrs. King, Carter, Woodward and Brown ....... 2G9 Granted to l\Ir. Denmark.................................................... 273 Granted to l\Iessrs. Parks, Baggs, l\lcWhorter, Gorman and
McDaniel ................................................................ 281 Granted to Me~srs. Treadwell and Johnson........................... 284 Granted to Messrs. Bond and Harrell ................................. 286 Granted to Messrs. Moseley and l\Iattox ............................ 29-'i Granted to Me~srs. Winn, Daniel, McWhorter, Wilson,
Butt and "\Voodward ................................................ 305 Granted to l\lessrs. Smith, Storey, Curtis and Wilson.............316 Granted to Messrs. l\Ioselcy, Fouche, l\Iattox t~nd Butt.. ........ 320 Granted to l\Iessrs. Suddath and Duggar.............................. 334 Granted to l\Ir. Reid ........................................................ 338 Granted to l\Ir. Mattox ..................................................... 3:34 Granted to Mr. Jordan...................................................... 359 Granted to l\Iessrs. Hackett, Hawes, Brown, Daniel and
Smith of 23d Dist ....................................................361 Granted to Mr. Neal.. ....................................................... 373 Granted to l\Icssrs. Price, Butt, Parks, Reid and Woodward ... 375 Granted to :Mr. Byrd .......................................................... 377 Granted to Messrs. Go1man, Johnson, Barksdale and Uarter... 383 Granted to l\Iessrs. McWhorter and Suddath .........................413 Granted to l\lessrs. Storey, llioseley and llfattox .................. 418 Granted to :iHessrs. Butt, Johnson and Smith of the 15th
Dist .......................................................................448 Granted to 4lr. Jordan..................................................... .4:38 Granted to Messrs. Storey and Treadwell..............................459 Granted to Messrs. Mattox, Woodward, Barksdale and
Suddath ..................................................................474 Granted to Messrs. Carter and Treadwell ..............................487 Granted to l\Ir. Westbrook ................................................ .498 Granted to l\ir. Neal......................................................... 518 Granted to Mr. Daniel.. .................................................... 521 Granted to Jl,fr. Gorman......................................................527 Granted to Messrs. Johnson and Price.................................531 Granted to Mr. Smith of the 23d Dist.................................. 538 Granted to Messrs. Johnson and Baggs.............................. 726

INDEX TO SENATE JouRNAL,

773

Granted to Messrs. King and Carter.....................................728 Granted to Mr. Suddath.................................................... 745

ADJOUHNi\'l:ENTA.djournment, sine die ............ ......................................769
ADVEHTISL,GA. bill to repeal an act to regulate rates of legal advertising ... 45

AGRICULl'UREA bill to abolish the Department of.. ............................184 418
APPOI~T .viENTSOf an additional porter for Senate......................................106
A.PPORTIOX~1ENT-
A bill to re-apportion Representatives.......................47 138 141
ASYL"C'~I-LUXATIC-
A bill to declare Toccoa the si\e for a hriiJlch o.. ...........142 451

ATTORNEY-GEXERALCommunications of on revision of Code .............................. 52

BAGGS, lion. ,JA:\IES............................................................

BAKEH., Hon. J. H ................................................................

BARKSDALE, Hon. J. W .......................................................
BOARD OF HEALTHA bill to pro\ide for a Board of Health for the Stale ............ 48

BO~D, Hon. \V. P.................................................................

BOY~TON, Hon. J. S. President.. ...........................................

BHL \VN, Hon. J. F ........................................................... ..

BGTT, Hon. W. 13.................................................................

BYnD, Hon. S. :\I. H..............................................................

CAB.TER, Hon. J. E .............................................................. .

CHAPL.\IX-

Rev Jobn P. Duncan, D. D--Death of an wunced..................3 Hev. John W. Heidt, D. D-EJection of ................................5

o, (;QDE--.A)!ENDMENT:;

ETC.-

..:\. bill to amend section 1445 of the Code of Georgia............22 45

A bill t> amend sertions 4161 aud 4162 of the Code, (unfin-

ished at recess) .....................................9.....................25

A bill to repeal an act repealing section 4323 of the Code, (un-

finished at recess) ..................................................... 25

A bill to amend section 3845 of the Code...........................82 49

A bill to amend section 4rj72 of the Code ..........................48 8:1

774

INDEx TO SENATE JouRNAL.

A bill to amend section 4355 of the Code .......................44 81 93 A bill to amend section 4612 of the Code.................... .44, 81 92 A bill to amend section 3696 of the Code ........................44 .')0 54 A bill to amend paragraph 1312 of the Code ......................45 50 A bill to amend section 2390 of the Code .............................. .49 A bill to repeal section 1097 of the Code ..................... 63 111119 A bill to declare the true meaning of section 610 of the Code 79 94 A bill to amend section 2048 of the Code ...................... 80 95 101 A bill to ameqd section 2758 of the Code .........................96 110 A bill to amend section 4540 of the Code .................113 116 125 A bill to amend section 4744 of the Code ......................113 116 A bill to repeal section 659 of the Code .....................123 173 177 A bill to amend section 2525 of the Code .......................123 191 A bill to amend section 4151 of the Code ................. 139 141 1;34 A. bill to amend section 326 of the Code ............... l.'i8 169 ~77 72.5 A bill to amend section 1282 of the Code ..................257 377 413 A bill to repeal sections'1201 and1202 of the Code ......... 270 437 A bill to repeal the last clause of section 441 of the Code-
278 285 2!J6 A bill to repeal section 3985 of the Code ...................306 324 435 A bill to amend section 1377 of the Code ..................33:3 3:37 414 A bill to amend section 1444 of the Code..................512 523 544

COMMITTEES-
On death of the Chaplain and selection of a successor................4 To notify the Governor that Senate had reconvened ................ .4 To consider and report in regard to shooting of the President. .. .4 On the question of an early adjournment.. ........................... 21 On the condition of the Lunatic Asyium ............................... 21 On apportionment of Representatives .............................. .45 On sanitation and hygiene-additions to ................................48 On temperance legislation ................................................. 60 On visitation to State University ..........................................!15 On apportionment and re.districting the State........................ 11.'i On thetender of certain U. S. Bonds by purchasers of :II. &
B. R. H..................................................................123 On boundary line between Georgia and South Carolina .......... 272 On unfinished business and adjournment.. ........................... 724
COM.MUNICATIONS-
From president of National Educational Convention ............109 From Young Men's Library Association .............................. 268 From _llir. E. C. Greer, Secretary Georgia State Agricultural
Society..................... .. ......................................... 269 From assessors of old Capit'>l building .................................353.

blnEX TO SI<.N.\TE JOURNAL.

775

From citizens of Savannah in relation to the jail of Chatham county ...................................................................534
Invitation to attend memorial scvices of the President at the Opera House ...........................................................691

CONSITUTION-AME:Sf))!ESTti OJ', ETC.-
A bill 10 amend an act carrying into effect paragra;:.h 2, sec~ion 18, article 6 of the Constitution ....................................22
A bill to amend the State Constitution, (unfinished at recesR) ............................................. .'....................25 105
A bill to amend paragraph 14, section 7, article 3 of the Constitution, (unfinished at recess)....................................25
A bill to amend the Constitution of Georgia, (unfinished at relless) ..........:........................................................25
A bill to amend paragraph 1, section 9, article 2 of the Constitution ...................................................................... 25
A bill to alter paragraph 2, section' 1, article 3 of the Constitu-
t~on ........................................................................ 27
A bill to amend paragr:1phs 2 and 3 of section 3, and paragraph 1 of section 12, and paragraph 1 of section 14, article lL .................................................................... 110
A bill to amend paragraph 1, section 11, article 6 of the Constituti!.in ..................................................................110
A bill to enforce paragmph 18, section 7, of article 3 of the Constitution .......................................142 159 169
A bill to enforce paragraph 1, section 2, article 7 of the Constitution ......................................................: ......... 181
A bill to strike from paragraph 1, section 1 of article 6 of the Constitution certain wonls ..............................257 273
A bill to amentl paragraph 1, section 18, article 6 of the Constitution ................................................. 428 4;32 465
A bill to reJJeal an act to enforce pnmgraph 2, section 18, artiCle 6, as to the revisi'JU of the jury l.Jox .. .49 4'38 48()
A bill to enforce para.:!;raph 1, section 7, article 8 of the Constitution ..................................................................538

CONVICTS-

A bill to provide for better inspection, etc , of State

convictB............................................329 870 407 408 477

CORPORATIONS-How UnEATED AND AMESDED-

737 745 759

A bill to provide for amendments of corporate charters ....139 230

COSTSA bill to regulate the payment of costs in criminal cases........53 A bill to provide for payment of certain insolvent costs due Solicitors General.................. 63 116 126 131137

INDEX TO SENATE } OURNAL,

A bill to amend an act prescribing fees of Solicitors of county c o u r t s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94

COL'NTY SCHOOL Co:\Il\USSIONEHS-

A bill to declare county officers ineligible to this office .... 187 230

COUNTY TREASURERS-

241 275 455

A bill to require County Treasurers to make itemized re-

ports to the grand juries.........................................63 95

CODRTS- Cou:sTYA bill to amend the County Court act in relation to compensation of judgl's and jnrors, etc........... 43 188 195 517 696
C() CHTS-CrmnN A L -
A bill to organi:w Criminal Courts for the several counlies ......481 500 564 697
COlJRTS-JrsTICE A:>IJ JusTICES oF. TIIE PEACE-
A bill to regulate the time of holding Justices' Courts.............25 A bill to extend the jurisdiction of Justices in certain cases.26 581 A bill to provide fur trials in Justices' Courts where the
Justice is diS!tualifbl.. .................................. l>il 1!)1 274 A bill to autlwrize review of certain rulings of Justices by
certiorari....................................................... .... 33:3 381

COL'H.TS-SCPEIUOH-TmES oF IloLDIXG FIXEIJ-
A bill to change tlw times of for Bulloch aml Effingham Counties ........................... .44 40 161 164 606
A bill to amend the law relating to the employment of Stenographic Reporters fur Superior Courts ...........63 94
A bill to change the time of holding for Worth County ...482 500 517
A bill transferring Miller County to Albany Circuit and Calhoun County to tile Pataula Circuit, etc. 482 500 517

COURTS ::lUPERIOR-CLERKS OFA bill to prescribe the fees of................. 43 81 93 700 701 713 A bill to authorize them to act as Ordinaries in certain cases .................................................... 120
CURTIS, Hon. W. A..............................................................
DANIEL, Hon. Vv. H .............................................................. .
DEAF AND DU,\IB INSTITL"TEA bill to provide a branch of at Waycross ....................... .48 226
"DENMARK, Hun. E. P. S........................................................

INDEX To SENATE Jm:RNAL.

777

DEPOSITIO~S-
A bill to repeal an act to establish State Depositories.........22 105 A bill to repeal an act estaLlishing State Depositories......... 23 105 A bill to repeal an act establishing State Depositories......201 563

DUGGAR, Hun. R. C............................................................. .

ED1:'CA TIO.X A L -
A bill to authorize County and City Boards of Education to , re!}uire school children to be Yaccinated .......... 63 124 135 A bill to amend the Public School system, etc ............ !15 124 158 A bill to more clearly define section 20 of the Public
School Laws, approved Aug. 23, 1880............... 12-1135 230 A hill to improve the educational facilities of the State
University ........................................139 230 317 434 456 A bill to amPnd section 16 of the Public School La\\' ............240 A bill to amend section 19 of the Public School Law.. 2-ii 539 ;i65 A bill to apply the net proceeds of State convicts to the
Common School fund ..............................270 306 318 384 A bill to regulate payment of Public School Teachers...270 3S4 434 455
467 40G 52;i ELECTIONS-
Contested case of H. B. Harris and W. R Gignillia\ ................10 A bill to declare persons who cannot read and write in-
competent to serve as election managers...............43 81 92 Election of a Secretary pro. tem. ... .......................................202 Election of a Judge of the North-Eastern Judicial Cir-
cuit.................................................................. 232 234 Election of a Solicitor General for the North-Eastem Ju-
dicial Circuit..................................................... 234 237

EXECUTIVE SESSIONS.................................45 106 112 403 551 682

FELO:NIESA bill to make it a felony to persuade any one to commit bigamy or polygamy ...............................186 ~20 241 A bill to provide a punishment for stealing one or more bales of cotton ..................................198 226 240 281 288
FERTILIZERSA bill t~> render inspection and analysis of, more efficient and economical..............................63 110 111119 145 515 A bill to prohibit manufacture, importation and sale of ............................................................... 184 22G 4.08
FOUCHE, Hon. R. T ..............................................................

778

INDEX TO SENATE JocRNAL

GAHNISHl\IENTSA bill to repe\\1 the law exempting wages of day laborers, etc.......................................................... 27 3504
GENEHAL ASSE~IBLY A bill to change the time for meeting oL ......................... 44 49
GORl\lAN, Hon. \V. R ............................................................
GUERRY. Hon. DlJPONT .................................................... ..
HARiUS, Hon. H. B .................................................,............
HACKETT, Hon. A. T .......................................................... .. HARRELL, lion. J. \V............................................................
HA \\'ES, .Hon. A. L............................................................... . fliCKS, Hon. J.. H.................................................................. .
Hm-IESTEAD::3-A bill to amend the law for setting apart homest<.:ad8, etc .... 48 81
HORTICULTUHESenate Chamber tendered to Hortictdtural Society.............. lll7
INSURANCEA bill to require full payment of policies.......................3!34 408
INTERESTA bill to submit of, to the voters of the State...............47 285 563
INVITATION8To grounds of the International Cotton Exposition..................64 To the National Educational Convention ............................. 84

JOHNSOX, Hon. Lemuel. ........................................................ JORDAN, lion. S. G..............................................................

JUDGES-St'PHE:UE AND St:ri'ERIORA bill to increase salaries of.. .......................105 116 134 137 170

JUHORS, JURY LISTS, ETc.-
A bill to authorize Jury Commissioners to drop from the list disqualified perwns.......................................22 49 54
A bill to abolish Boards of Jury Commissioners as now established and substitute others instead ......................32 53
A bill to limit the terms of office of Jury Commissioners..........49 A bill to amend an act to carry into effect paragraph 2,
section 18, article 6, of the Constitution as to selection of jurors...............................................49 468 480

KING, Hon. R.N.....................................................................

INDEX TO SENATE JouRNAL.

779

LANDA bill to adjust the rights of certain purchasers of wild
land fl. faa., etc ................................................. .43 110
LIBRARIA11'-STATKA bill to fix the term of office of State Librarian ............. 343 377
LIENSA bill to provide additional means for enforcement of mechanics and other liens...............................24::> 273 282 A bill to amend the Iaw in regard to mechanics' liens on personality .............................................271 :296 303 45.'5 A bill to make special liens of laborers equal in point of rank to the lien of landlonis.................................271 281
LIQC'ORS-SALK RKGl'I.ATRD, ETo.A bill to define the offence of retailing liquors without license......................................................... 113 116 126 A bill to regulate the sale of liqnor in militia districts, as tJJC voters may decide ..............................................116 A bill to protect Public Schools from disturbance by prohibiting the sale of liquor to pupils........................124 134 A bill to prohibit the sale o.f liquoJ' within one mile of chartered colleges and institutions of learning......139 151 160 188 260 41.'5 A bill to regulate the sale of liquor in this 8tate...1!J!J 217 249 300 415 A bill to make it a misdemeanor to carry liquor to Churcll and Sunday School celebrations.................................690
JUcDL'HEL, Hon. H. D........................................................ .
~IATTO:X. Hon. \V. H ......................................................... ..
.l\IcWHORTER, Hon. R. L.................................................... .
.MEDICAL--
A bill to provide for the more efficient gmntiug of diplomas 512 522 544 73S
JIIELDRI:'I'I, Hon. P. W ............................................................

:MEJIWRIALS-lllemorial of the Woman's Christian Temperance union........... 59 Jllemorial of B. G. Lockett and others............................65 to 78 Jllemorial of E. T. Paine ............................................. 109 184 Jltlemorial of citizens of Davisboro, Washington county........109 llcmorial of citizens of Polk county on Tempemnce.............122 JIIemorial of Rome District Conference on Temperance .........184 Memorial of the people of Cherokee county on the Lunatic Asylum ...................................................................190

780

INDEX TO SENATE JouRNAL.

Memorial of the Americus District Conference on Temperance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193
Memorial resolutions of Georgia State Agricultural Society as to Cole charter ...................................................230
Memorial of Geo. W. Garmany of Chatham.................. 695 707
MESSAGES FRQ)I HOUSE-16 720 26 79 100 103106 111117 125 129 136 143 150 162 167 175 194199 202 209 222 242 245 248 261 265 271 280 289 299 310 321 331 33:) 342 361 375 387 401 407 422 433 449 460 467 475 483 486 497 509 527 :339 555 559 640 650 653 661 662 682 687 691 702 712 713 71ii 72:) 730 737 742 744 756 757 760 766 767 768
:MESSAGES -EX:O:CCTIVE- 34 35 42 44 94106 110 385 403 412 !'i35 553 :'i:'i9 663 '738 758
l\IISCELLANIOGSA bill to fix the fees of public weighers of cotton ...... 2:3 158 226 231 238 426 A bill to provide certain books to counties whose courthouses haye been destroyed by fire ............................... 22 A bill to regulate the sale of pistols ............................. 25 53 239 A bill to leyy a tax on pistols .............................................53 A bill to fix the legal weight nf rough rice ...................... 111 117 A bill to prohibit the sale of farm p:oducts between sunset and sunrise ......................................................... 196 216 A bill to require a license from ag<'nts of nurseries outside the State ......................................................:.199 240 A bill tv regulate the sale of pistols and provide a punishment for the same.................................. 228 449 465 496 A bill to protect life and property from the dangers of coal and petroleum oil..................................................6!JO
1\IISDEMEANORSA bill to make it a misdemeanor to visit places of divine worship, etc., while intoxicated .......................... 32 !l5 101 A bill to authorize settlements of, and plea cf guilty in magistrates' courts .................................................. _...... .49 A bill to make the pointing of fire-arms at another, penal, etc ............... -..... ..................... .. ........... 52 81 92 113 A bill to define the offence of selling mortgaged personal property and prescribe penalty ................................... 228
:MORTGAGES-A bill to provide for Epeedy foreclosure of certain mort ages on realty, wheu agreed by the parties .....................44 50
MOSELE'Y, Ron. S. H ........................................................ ..

INDEX TO SENATE JouRNAL.

781

}iUNICIPAL CORPORATIONS AND LAWS-
A bill to repeal an act prescribing the mode of incorporating.....................................................................53 81

NEAL,-Hon. J. L................................................................. ..
ORDINANCES-
A bill to regulate the fees of....................................32 131 137
PARKS, Hon. J. G..................................................................
PAYNE, Hon. B. F .................................................................
PRACTIUE-
A bill to regulate practice in carrying pauper cases to the Supreme Court .........................................80 228 260 312
A bill to provide a legal mode of defence for tenants in certain cases................................................................. 94
A bill to amend the oath of claimants......................130 140 155 A bill to make the first term trial in certain cases.........376 409 435
PRICE, Bon. W. P .............................................................. ..
PRESCRIPTIONA bill to define the law of, in certain cases................158 176 185
PRINTl~G ORDEHED100 copie& of bill to repeal the law exempting wages of laborers, etc., from process of garnishment...................28 100 copies of Governor's general message ..............................44 100 copies of bill as to analysis of fertilizers........................ 110 100 copies of the bill to incorporate railroads........................177 100 copies of the bill to provide for the correct assessment of property for taxation.........................................191 100 copies of the bill reported by the Committee on Temperance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200 100 copies of the bill authorizing the various counties to levy and collect taxes for educational purposes...................216 100 copies of House Bill for the better control of the State convicts ..........................................................255 100 copies of the House Bill No. 727...................................257 100 copies of House Bill requiring railroads to give in for county taxes ...........................................................286 500 copies of report on Penitentiary.....................................365 100 copies of the Senate bill in relation to the State convicts...473 300 copies of evidence taken by the Cowmittee on Lease of the W. & A. R. R ...................................................496

. PROSECUTIONSA bill to regulate criminal prosecutions, etc....................115124
...

782

bnEx TO SENATE JouRNAL.

QUESTIOXS OF PRIYILEGE-
Mr. Meldrim-asking to be excused from acting as a trior in contested election cases of Harris vs Gignilliat ............. 10
J\Ir. Westbrook-requesting the record of his vote in the contested election case of Han is vs. Gignilliat. ............... 24

RAILROADS-
A hill to incorporate Railroad Companies in this State, and determine tlwir rights, dutks and liabilities.. 23 177 278 332 690
A bill to amend au r.ct to confer powers and privileges on pnrchasers of railroads, and extend the time fur completion ,,f the roads purchased .............. 23 48 55 82
A bill to incorporate the Albany, Atlantic & Gulf Trans-
portation Company ............................................ 162 189 A bill to confer certain powers on the Railroad C"tnmis-
siouers ...............................................................178 438 A bill to amend an act to provide for the regulation f
freights and passenger tariffs ..................... 196 402 466 487 A bill to amend an act in relation to the privileges of
purcha~ers of railroads .................. 382 420 43;3 4UO 4U7 738

RECONSIDERATIONS-
Of a bill relating to returns ut lauds in counties whrc situfor taxation ............................... .'.............................. 31
Of a bill changing the time for gi,ing in f0r taxes from April 1st to January 1st............................................. 34
Of the bill to define who are subject to road duty ................... 59 Of the action of Senate making report on State Capitol the
special order for 21st inst.. ......................................... 99 Of the bill providing for payment of certain costs due 8o-
licitors General. ...................................................... 1<:8 Of the bill to amend section 205 of the Code ........................ 129 Of the resolution providing a jnint committea to investigate
the sale of the M. & B. R. R ................................... 206 Of the general tetnperance bill ....................................... 256 Of the bill to exempt toll cotton from executivn ...................534 Of the House Bill to prohibit sale of lottery tickets ..............289 Of the Honse Bill to establish a Board of P!Jarmacutic Exam-
iners ..................................................................... 586 Of the House Bill to prohiiJit employment of minors in bar
rooms .................................................................... 305 Of the House Bill to amend the charter of the B. C. & C. Rail.
road ...................................................................534 Of the House Bill to amend the charter of the National JHer-
cantilc Association .................................................. 306

INDEX TO SENATE }OUHNAL.
Of the House Bi:l to fix the timPs for holding Superior Courts iu theN. E. Circnit.. ...............................................330
Of the Home Bill to authorize the city of Sandersville to levy a sehoul tax ............................................................ 333
Of the House Bill to prohibit sale of certain products at certain hours in Bibb county .............................................. 337
Of the House Bill requiring railroads to pay taxes in couuties where they own property .......................................... 341
Of action of Senate amendment to Hou~>e Bill relating to employment of minors in bar-rooms ...............................360
Of the House J:Sill to amenu section 82!) of the Code ............. 383 Of the House Bill to confer poiice powers en conductors....... 383 Of the Senate Bill to regulate pay of public teachers ............ 45!) Of the House Bill to providing for keeping a record of wild
lands in each county ................................. ,...............520 Of the House Bill to exempt toll cotton from levy and sale, etc. 52.) Of the order to transmit to Senate the House Bill to amend
the charter uf the B. C. & C. R. R .............................. 531 Of the House Bill (reconsidered) to amend section 8:2!) of the
Code ...................................................................... 668 Of the,House Bill to amend an act regulating R.H.freights, etc. 66!) Refusal of Senate to concur in the House amendments of the
bill to fix fees of Clerks of Superior Courts ................ 71)1 Of the House Bill (lost) to provide for payn:ent of insolvent
costs in Hancock County.......................................... 701 Of the Rouse Bill relating to registration uf voters in Savannah .. 706 Of resolution in relation to lease of W. & A. R. R. ...........733 736 A bill in relation to convicts of the State ...........................764
REGISTRATIO:XA bill to provide for registration in the various counties of thi~ State ................................................................ 538
REID, Hon. J. S.................................................................... .
REPORTS OF CmDUTTEESOf Committee on Chaplain......................................... 6, 2!) 31 Of Committee to wait on the Governor and inform him of the re-convening of Senate...............................................7 Oi Committee on attempted assassination of the Pres ideut.........8 Of Committee on the Judiciary ......... 9 24 44 47 59 7!) 84 99 10!) 115 122 130 138 140 142 150 157 168 173 175 184 190 1!)8 206 222 229 239 269 280 284 292 306 316 320 326 330 338 361 375 400 408 41.7 428 4.49 474 490 495 508 518 520 535 563 640 669 682 683 740

I:mEx TO SENATE JouRNAL.
Of Special Committee on manucript of Supreme Court :lianne! by D. A. :l\Iartin ...............................................765
Of Committee on Privileges and Elections on contest between Harris and Gignilliat.....................10 13 18 19 20
l\limrity report on same subject......................... 13 17 18 19 20 Of Committee on Enrollment .............24 26 59 84 112 114 11;J 148
182 187 200 221 229 244 2.i4 258 284 293 295 311 315 326 381 842 871 877 380 899 428 484 462 477 494 529 586 645 667 681 713 715 728 729 731 739 748 74i'i 755 761 762 768
765 768 Of Committee on Public Buildin!,rs...............................22 85 865 Of Finance Commmittee...............31 104 14C 168 191 206 239 245
269 280 284 291 806 338 361 375 408 449 474 490 508 518 520 522 562 640 659 670 678 679 to 681
682 685 715 to 718 Of Committee ou Agriculture .......... .44 55 60 110 138 175 239 260
280 292 316 354 875 400 417 428 449 4;'i9 474 490 508 ii20
563 ()40 659 Of Committee on Internal Improvements and Railroads.... .47 104
150 175 184 269 808 316 320 417 44D 474 495 581
542 568 640 669 Of Special Joint Committee on lease of theW. & A. H. H. ... 96
to 98 68:3 709 to 711 Of Committee on Early Adjournment ............102 8'>7 36:3 384 727 Of Committee on Education ...... 120 1:30 157 181 21G 230 306 330
361 431 449 458 490 521 670 682 Of Committee on Corporations.... 122 138 142 158 186 245 2:39 291
299 316 320 838 3I:i4 375 417 428 449 474 490 542 640 669
Of Committee on Apportionment........................ 138 312 316 497 Of Committee on Banks ............................... 157 206 292 299 418 Of Committee on the Deaf and Dumb Asylum......168 222 348 353 Of Committee on Temperance............................199 207 330 408 Of Joint Special Committee on the Lunatic .Asylum......209 to 216 Of Committee on Journals................................................769 Of the Joint Special Comn.dttee on the tender of certain
bonds to :he Treasurer to pay balance due for the M. & B. Railroad.............................. 228 225 226 266 267 Of Committee on the Penitentiary.................255 820 888 361 474 Of Minority Report on the Penitentiary......................586 to 639

INDEX TO SE:>~ATE JouR:>~AL.
Of Committee on Rules ...................................................315 Of Committee on the State Library................................ 870 458 Of Committee on Religious Services.............................. 398 400 Of Special Committee on the treaty between Georgia and
tlouth Carolina concerning tbe line between said States..............................................................441 446 Of Special f'ommittee on Seliman & Thompson's Hand Book of Legal Forms........................... ~.. .. ............. 503 Of Committee on Hygiene .......................................... ..'508 683 Of Special Committ. eon Marietta & North Georgia Rail ruad ....................................................... 669 670 t" 675 Of Committee on .\Iemorial ExecisPs .................................. 734 Of Conference Committee on Supplemental Appropriation Bill ..................... .'................................................. 765 Of Committe() to inform the Governor as to readiness to adjourn sine die ............... .....................................767
RESOLUTIOXS OF THE :::iENA.TE-
Tendering a seat to Hon. C. C. Kibbee .............................255 Tendering a ~eat to Hon. Rober. Bruce and others from
North Carolina ....................................................... 268 Relating to allowance of mileage f0r prer,ent adjourned
term ............................................................... 270 563 Tendering a ~eat to Ron. Wm. H. \\'ylley ............... , ............ 477 Tcndl'ring a settt to Hon. S. R. Cook ................................. 275 Tendering a seat to Hon. J. T. Triplett. .............................. 375 Tendering a seat to Hon. Josephus Camp ............................ 292 Tendering a scat to Hon. David Irwin ................................ 299 Tendering a seat to Dr. P. C. Smith of Taylor county.............300 . Tendering a seat to Col. S. W. Hatch .................................. 300 Tendering a seat to Dr. E. Hillyer of Rome, Ga................... 218 Tendering seats to Hon. W. E. Simmons and u1 hers.............. 324 Rcqnesting Standing Committee on l<'inanre to report as to
the advisability of suspending collection of State tax of 1881...................................................329 366 563 Tendering a seat to Hon. C. B. Russell ................................. 331 Tendering a seat to Col. Jno. F. Hobbs of South Carolina...... 332 Fixing new hours for meeting and adjournment of Senate daily...................................................................... 335 Tendering a seat to Mr. E. A. Hawkins..............................354 Tendering a seat to Hon. T. W. Latham ..............................404 To limit. debate to ten minutes ............................................496 Changing hour of daily meetings ...................................... 408 Tendering seat to Hon. C. B. Wooten................................. .418 Tendering a seat to Hon. Joel Branham ...............................454
50

786

INDEX TO SENATE JouRNAL.

Beqniring Augusta Canal Company to comtruct fish ways 458 097 Tendering a eeat to Hon. T. M. Jones..................................188 Tendering a sebt to Hon. W. B. Simmons...........................140 Tendering a seat to Hon. Tom Eason .................................. 158 Tendering a seat to Hon. W. H. Atwood..............................168 Making a mnjority of each StaD.ding Committee p~esent, a
quorum of said Committee....................................... 168 Relating to the repeal of Government tax on small product-
ions of tobacco..................................................... 168 Tendering a seat to H. T. B. Cabaniss................................. 308 Tendering a seat to Hon. B. F. Clayton ..............................184 Tendering a seat to Hon. John A. Cobb..............................196
Tendering a seat to Hon. B. Harrell of Webster county .........198 Returning thanks to Senator Payne and others......................199 Providing for au eleciion of a Secretary pro. tern..................202 Tendering a seut to Hon. L. C. Hoyle ................................. 207 Tendering seats to Hon. R. L. Warthen and CoL B. D.
Evans ................................................................227 Tendering seats to Hons. Claiborne Sneed, Pat. Walsh and
H. H. Ca.I'leton................: ......................................229 Tendeting a seat t.o Dr. Wm. StPgal1....................................230 Requesting the House to return House Bill 136 tor correction 231 Tendering a seat to Hon. Thomas Harreman, Jr...................239 Tendering a seat to Maj. B. F. Ru5sell................................242 Tendering a seat to Hon. Robert Fallagant.. ....................... 245 Tendering seats to Hon. R. E. Lester and Hons. Joel A.
Billups and C. R. 1\lills...........................................256 Tendering- a seat to Hon. C. C. Kibbe.................................. 256 Requesting return of a Bill from the House...........................464 Tendering a seat to Hon. G. U. Deadwiler...................... :.....102 Tendering seats to the Hons. A. D. Candler and B. F.
Wofford ................................................................. 102 Tendenng seats to Hon. P. M. Russell and others.................. 521 Prohibiting introduction of new matter after first day of
August except by vote of three-fourths ...................... 103 Authorizing appointment of an additional porter ...................104 Inviting delegates to the National Educational Convention
to visit the Senate...................................................105 Tendering seats to Hon. Phil. Cook and others..................... 38B Directing Secietary to furnish copy of the resolutions of
invitation to the President of the National Educa tiona! Convention...................................:................106
Tendering a seat to Hon..r. C. Nicholls, M. C......................106
Tendering a seat to Hon. G. W. Warwick............................107 Tendering a seat to the Hon. Jas. H. McWhorter..................107 Relating to tlie mode of passing local bills...........................108

INDEX TO SENATE JouRNAL
"Tenuering a seat to Hon. Samuel Hull, of Macon ...........109 Tendering a seat to Hon. D. W. Lewis.................................109 Tendering a seat ~o Hon. B. H. Bingham..............................110 Tendering seats to Messrs. D. C. N. Burkbaltl'r, J. L. Gran-
berry and L. H. Carter ..............................................114 Providing for a Committee on Apportionment.....................115 Tendering a seat to Hon. C. W. Mabry................................117 Relating to the tender of certain United States bonds in pay-
ment of purchase money for 1\1. & B. R. R ......122 229 266 Tendering seats to Hons. J. E. Jledwine and R. R. Asbury......130 Tendering a seat to Dr. B. H. Patterson ...............................130 Tendering seats to Hon. G. J. Holton and Hon. Seaborn
Hall ..................................................................... 47 Tendering a seat to Bishop Geo. F. Pierce ......................... 47 Tendering a seat to Hon. George 1\i. Nolan........................... 53 Adding Messrs. Meldrim and G1Jerry to the Committee on.
W. & A. Railroad lease............................................. 55 'Tendering a seat to Capt. A. G. West.. ................................ 55 Authorizing the President to appoint a Committee to visit
the State University during Ctimmencement.................. 58 Providing for a Joint Committee on Temperance ................ 60 Tendering Hou. W. S. Erwin a seat in the Senate .................. 79 TendP.ring the use of the Senate Chamber to Francis Fon:aine 79 Invitiog Superintendent and members of the Board of
Trustees of the Lunatic Asylum to seats in Senate ....... 80 Tendering a seat to the Hon. James 8. Blount...................... 80 Tendering a seat to Prof. W. D. Connor, of Deaf and Dumb
Institute ................................................................. 85 Tendering seats to Hon. D. H. Pope and others.....................498 Tendering a seat to Hon. R. 1\Iunfort.. ................................ R5 Tenflerin.'. a seat to Maj. Lamar Cobb .................................37'1 Helating to the proposition of Mayor and Council of Atlanta
in rt'gard to l::ltate Capitol.............................. .. .. .. ... .. . 8g Tenuering a seat to Prof. John Neely ................................ 96 Tendering a seat to Hon. Thos. W. Dicknell. ....................... 96 Tendering a seat to Hon. John Hitz, Consul General of
Switzerland .......................:..................................... 96 Authorizing the Committee on Lease of W. & A. R. R; t.o
employ a Sergeantat-Arms and Reporter..................... 98 Providiug a Committee to examine and report the status of
the l\I. &N. G. R. R .................................................102 On death of tile Chaplain and selection of another .................. 3 Info1 ming the Governor of meeting of General Assembly ..........4 Instru~ting Secretary to notify the House of Representatives
that the Senate had met with a quorum .......................4 Relating to the ~hooting of the President, etc.; ......................4 5

INDEX TO SENATE ]OUR!\AL.
Substitute for the foregoing ................................................ 5 6' Tendering a seat to Hon. Nelson Tift.....................................7 In respect to the memory of Rev. John P. Duncan...................8 Tendering a seat to Hon. Thomas Potter................................. 9 Tendering a seat to Hon. John T. Clarke ............................... 9 Providing a Joint Committee on increasing the facilities of
the Lunatic Asylum ............................................... 21 Tendering a seat to Dr. W. J. Walker, of Warren county ....... 25 rendering: a seat to Hon. J. A. Hunt, of Pike county ............ 175 Referring Martin's Supreme Court Manual to the Committee
on Silman & Thompson's Hand Book of Forms .............28 Directing State Librarian to furnish certain books ................. 28 Tendering a seat to Hon. L. :i\I. Felton, and others ................ 338 Rebting to the obligation of the office of Tax Receivers in
this State ............................................................... 33 Instructing our delegates in Congress to use their influence
for the establishment of Assay Office at Dahlonega.... 44 53 55 756
Providing a Committee on the apportionmen of Representatives to the countirs.. .... ...... .. . .. ............................... .45
Tendering a seat to Hon. A. T. Mcintyre ............................. .45 Tendering seats to Bon. A. P. Butler and others .................. 562 Tendering a seat to Hon. J. C. :\Iaund ................................ 563 Tendering a seat to Hon. A. W. Holcomb .............................577 Tendering a seat to Hon. B. P. Hollis .................................. 640 Tendering a set.t to Bon. David A. Vason ............................ 662 Tendering a seat to Hon. \Vashington Dessau ...................... 669 Tendering a seat to Hon. W. T. Heville .......... ....:....... ......... 682 Tendering a seat to Hon. Sidney Cl<ments ...........................684 Providing for afternoon sessions....................................... 687 Tendering a seat tc W. D. Davis, Esq., ............................... 702 Providing a Joint Committee to inquire and report on the busi-
ness before the General Assembly ..............................722 RelatiDg to Memorial Service for the President ..................... 732 Relating to a Committee to bring up unfinished business .. 741 763 Relating to lease of the W. & A. R. R ................................762 Providing a Committee to notify the Governor that the 11en-
eral Assembly is ready to adjourn sine dte ......... ..........765 Directing Secretary to inform the Home of Representatives
that the i:ienate was ready to adjourn sine die ...............767 Of thanks to Frank L. Haralson, State Librarian ................... 767 Of thanks to Hon. J. S. Boynton and W. P. Price................ 768 Of thanks to Hon. Wm. .A.. Harris and his a~sistants............ 769 Of thanks tt> Messenger, Doorkeeper, Pages and Porters.........769

INnEx TO SENATE JouRNAL.
"RIVERS, CREEKS, ETo.A bill to declare Chattahoochee river a navigabie strcam ...113 459 A bill to protect land owners against dams across water courses ............................................................125 168
.ROAD LAWSA bill to declare who are liable to road duty ........23 44 50 56 60 A bill to give notice of trial t.o road defaulters...............79 95 100
RULES-AMENDMESTS OF- Notice of amendment of Rule No. 16..................................305 .i\iotion to su<pend Rule No. 16..........................................315 R~port on Rules ........................................................316 329
SALESA bill to require conditional sales of personal property to be evidenced in writing .............................................81 92
SECRETARYElccthn of H. H. Cabaniss as i::iecretary pro. tem ... ...............202 Leave of absen ;e granted Hon. W. A. Harris, Secretary .........202
SENATECmwening after the recess...................................................3 Called to order by the President.. ...........................................3 Pmyer by Rev. John W. Heidt, D. D ...................................3 )!embers wlw answered the ro11 call. ...................................... 3
SHERIFF"A lJill to prescribe the fees of Sheriffs ...................... 32 53 81 690
S.\liTH, Han. C. A ................................................................
S:\liTH, Hon. D. A...............................................................:.
8.\IITH, Hun. T. J ................................................................. ..
STOl{EY, Hun. H. L.............................................................. .
~HJDD.ATH. Hon. B. F .......................................................... ..
STATE LINEA bill to repeal an act establishing; the line between Georgia and South Carolina........................................ 62 111 117
'TAX LAWS AXD TAX OFFICERS,\ bill to require owners of Janel, wild or improved, to give in for taxes in the c 1untics where it lies ....................27 94 A bill to change the time of liability for taxes from the first of April to the first of January.................................. 32 A bill providing for the more certain collection of county taxes in this State...... ............................................. 48

INDEX TO SENATE JOURNAL.

A bill for the more certain levy and collection of the county taxes in this State........................................81 92"
A bill to provide for the collection of insol'i'ent tax executions ..........................................................95 105 112
A bill to relieve Tax Receivers and Collectors from attending other places than those designated by ordinaries or Commissioners .........................................95 104107.
A bill to provide for the correct assessment of property for the purpose of taxation ......................................120 697
A bill to authorize the people of thtl counties to impose taxes for educational purposes..............123 216 260 273 315
A bill to require Railroau Companies to give their property in for taxation in the counties....................................296-
A bill to define the liability of the purchase money of notes to taxation ............ ... .. . .. .. .. .. .. . .. ........................ 306 381
A bill to provide more effectually for collection of insolvent
poll_tax .................................................. 359 381 452 466 A bill to remit 50 per cent. of the 8tate tax................384 564 68S.

TEMPERANCEA bill to regulate the sale of spirituous liquors outside of incor;~orated towns in this State..................................20()

TES'rUIONY-

A bill to regulate the testimony of physicians and surgeons

.

344954

A bill to declare the wife a competent witness against the

husb:tnd in certain cases..............................55 95 100 70().

TREADWELL, Hon. S. G.......................................................

WESTBROOK, Hon. A. C......................................................

WILSON, Hon. J. 1\i...............................................................

WINN, Hon. Vv. J .................................................................

WOODWARD, Hon. J. R ....................................................... _

INDEx TO SENATE JouR:\AL.
HOUSE BILLS AND RESOLUTIONS.
P..A.RT IL
A bill to allow the removal of the Reform Medical College from 1\'lacon to Atlanta..........................................33 50
A bill to change the time for holding Superiot Court; of Laurens county and legalize the jury drawn...........45 53 80
A bill to authorize tbe Mayor and Council of Butler, Taylor county, to le,y a school tax, etc ......................89 100 105
A bill to prescribe the !:ompensation of certain public officers........................................................112 676 714
A bill to provide for sales by virtue of any fl. fa. issued by
County Courts..............................................112124134 A bill authorizing the City of Sandersville to establish a
school system...................................112151 161 270 338 A bill to rl:'quire Ordinaries, etc., to furnish dockets to
Justices of the Peace, etc.....................................116 134 A !.Jill to reg,JlatP. the letting out contracts to l.Juild bridges,
ferries, etc....................................................120 151 161 A bill to exempt practising dentist-s from jury duty...120 125134
138 A bill to refuuu money to tile pur~hasers of lot No. 124 in
the fif;b uist. and tllird section ........................121 273 283 A bill to protect th~ citizens of D.lde county against the
,!riving of diseased cattle in that county ......121137141176 A bill to amend the charter of Griffin in regard to establish-
ing aschol)l system.......................................121159170 A bill to authoriz~ suretit!S 0.1 official bonds to limit their
liability on such bonds..............................................125 A bill to revise the Court CalendAr of Brunswick Judicial
Circuit....................................................... 131 191 204 A bill to regnlltte the per clil:lm aud mileage in cases of con-
testants for seats in General Assembly ...................131 204 A bill t" provide compensation for Ordinary, Clerk of
Superior Court and :::Jheriff of Lincoln county ..131 240 263 A bill to amend an act authorizing corporations to be formed
by purchasers of railroad companie~................131151159 A bill to am..nd an act to enlarge the provisions of an act to
enable purchasers of railroads to form corporations......131 151159 164

INDEX TO SENATE )OURKAL.
A bill to amend an act to incorporate the Gainesville, Jef ferson & Southern Railroad Company...l32 141153 156 170
.A bill to change the times of holding Superior Courts in Lumpkin and Dawson countie~.....................136 151160
A bill to provide compensation for Solicitor General of the Western Circuit in c1iminal cases.....................136 140 156
A bill to secure uniformity in grading teachers of Public Schools .......................................................136 378 397
A bill to fix the compensation of lhe Solicitor of the County Court of Richmond county ................................140 156
A bill to prohibit the 2ale of liquor near Cleveland, White county ........................................................ 152176 186
A bill to repeal an act consolidating the officers of Clerk of Superior Court and Treasurer of Webster county...152 176 187
A bill to preEcribe the method of granting license to sell liquor in Screven county ................................152 189 1192
A bill to regulate the sal<( of iliquor in the 7l4th district G. 1\I. of Carroll couuty...................................152 176 186
A bill to regulate sales of liquor in Effingham county...152 189 194 259
A bill to prohibit the sale of liquors in Dooly county Vi2 240 262 A bill to provide compen$ation for jurors in the l;ouny
Courts of thii State ......................................152 203 218 A bill to red1ce the official bond of the sheriff ol Early
county....................................................... 153 189 193 A bill to exempt pilots from jury duty .....................153 191 205 A bill to prohibit the sale of liq uur in Lowndes county ...153 204
217 A bill to incorporate the Savannah Storage Company.153 247 263 A bill to amend the charter of \Vest Early................158 259 277 A bill to amend an act to incorp0rate the Gain~sville, Jef
ferson and Sonthem Railroad Company .................153 159 A bill to incorpm.tte The Planters Banking Warehouse and .
Commission Company at Ctlmilla, Mitchell couuty... 154 174 207
A bil' to amend an act not to compel the :i\Iayor and Ciluo cil of Athens tv levy a certain tax .................. 154 169178
A bill to amend the school system of Home...............154 189 191 A bill to approptiate money to J. Y. Sawtell.............165 191 204 A bill tu allow the Mayor aud Council of Athens to use
cer~ainmoney fur Pioneer Hook and Ladder Co 165 169177 A bill to allow certain pupils to attend the Deaf and Dum~
Institute..................................................... 165 169 178 A bill to appropriate $2,000 to tlte Deaf and Dumb Asy-
lum ................................................................ 165 179

INDEX TO SENATE JouRNAL.

793

A bill to mcorporate the Merchants and Planters Steamboat Company .....................................................165 247 277
A bill to amend an act to in :orp rate the Stone Jllountain Granite Railway 0 mpany ...........................166 189 192
A bill to prohibit the S:J.!e of farm products bet ween sunrise and sunset in Bibb county.............. 166 176 185 246 269 337
A bill to repeal the 1st section of au act to regulate the sale of liqnur in Louisville, Ga...............................166 176 185
A bill Lo repeal an act to fix the place for sheriffs' sales in Baldwin county ..................................... 166 203 227 241
A bill to a~lCnd section 410/J nf the Code ................. 166 203 218 A bill to prohibit the sale of liquor ncar Bethlehem and
Shiloh Cllllrcbes ...........................................166 204 219 A bill to provide for the payment of the debt of Clarke
county ...........................................166 189 194 354 462 A bill to prevent 1he sale of liquor within three mii(~S of
Pisgah and ~it. Pleasant Churches ................. 167 203 207 A bill to prohibit tbe emJ,loyment uf minors for sale of
liqnor in bar rooms, etc ..................... 173 227 260 303 354 A bill to change the time of holding the Superior Courts of
Montgomery county .........._. ........................... 174 203 220 A bill to amend an act fixing the license for selling liquor
in Waynr, Liberty, Coffee and Appling counties ...... 174 203 218
A bill to create a new Jnrlicial Circuit......................178 189 192 A bill to require Railroad Companies to return their prop-
erty for taxation in the counties ...................... 197 286 340 A bill to amend an act to incorporate the Augusta Savings
Bank ........................................................197 296 302 A bill to amend the charter of Cnnyers .................... 205 247 276
A bill to incorporate the Clcvdand and Lula Railroad Company .......................................................... 205 247 276
A bill to provide compensati"n for certain Tax Collec:ors and ReceiYcrs for 1880 ................................ 205 281 287
.'c bill to prol"ide payment for State Bonds belonging to the estate of X. B. Knapp ................................ 226 247 261
A bill to iucoqYlrate the Savannah Fire and Marine Insurance Company ............................................. 227 247 264
A bill to amend an acts as to apply its provsinns to certain di"tricts in Butts county ........................... 227 231 273
A bill to incorporate the Cincinnati and Georgia Railroad Company .........................................246 312 318 343 348
A bill to incorporate tlJC Home Southern llailruad Com. pany .......................................... ;....... 246 259 502 566
.A bill to provide for the better insp~ction anti control of the Slate convicts ............................................... 246 321 334

794

hmEx TO SEXATE JouRNAL.

A bill to extend the corporate limits of Cedartown ............... 246

A bill to amend an act relating to payment of fines and

forfeitures into county treasuries..................... 278 317 391

A bill t) submit the liquor question to the voters of Ran-

dolph county .......................................... 278 281 288 49(}.

A bill to pay H. P. Hammitt S26 00 on account of sales of

his wiid lauds sold by the 8tate ....................... 279 285 297

A hill to amer.d the charter of The National Debt Associ-

ation Company ........................................ 279 296 301 307

A bill to incorporate the City Bank of Augusta.......... 279 300 309

A biil tu prollil>it the s:1lc nf liqtors in Houston county.... 281 286

A hill tn fi:-.: the license for selling liquor in Clinch county ..... 281

286 298

A bill to change the time for revising the jury boxes of this

8tate ............................................. 282 381 409 426 755

A bill tn provide punishment for gambling...................... 282 699

A bill to prohibit Rale of liqnor in Stockton, Clinch county 282

285 298

A bill to make it a misdemeanor to set fire to the "oocls of

another in Clinch county ...............................282 296 301

A bill to provide for but .one Grand Jury for Hall county

Superior Conrt..................................293 317 385 389 495

A hill to amend an act authorizing the isue of bonds hy the

lliayor and Council of .M:acon ......................... 293 378 391}

A bill to increase the salary of the Treasurer of Baldwin



county ........................................................ 293 3173 87

A bill to transfer the county c>f Bulloch to the l\'Iiddle Cir-

cu't. ........................................................ 293 307 318

A bill to authorize the Commissioners of Newton county to

levy a tax to pay the county debt ................... 293 318 368

A bill to prohibit sale of liquor in Jefferson county .... 293 318 392

A bill to prohibit camp hunting in Clinch county. 294 303 317 392

A bill to amend au act to reincorporate the town of Elber-

ton ............................................................ 294 300 309

A bill to incorporate the Vernon and Ogeechee Canal

Company.................................................... 294 300 310

A bill to incorporate the Red Line t:ltearnboat Company...... 294

521 565 676 729

A bill to amend the charter of ll'lilledgeviJie.... :.... 294 300 307 316

A bill to incorporate the Rome and Carrollton Railroad

Company ..........................................................294 302

A bill to amend the charter of the Skidaway Narrows ra-

nal Cnmnany...........................................294 299 307 366

A bill to amend the new charter of Atlanta.................... 294 356

A bill to incorporate the town of Arlington ............... 294 357 540

INDEX TO SENATE JouHNAL.

795

A bill to amend the charter of the town of Quitman, in Brooks county ............................................ 294 300 808
A bill to incorporate the Union l{ailroad Company ......294 355 368 417 491
A lill to amend au act to extenrl the limits of the town of Greenville ................................................... 295 378 389
A bill to incorporate the town of Leary.................... 295 325 412 A bill to authorize the autholities of Greenville tu regulate
the sale of liquor m saiu town ...................... 295 317 369
A bill to enforce the collectiou of the liquor tax ........ 295 379 422
A bill to appropriate money for the Academy for the Blind ..........................................................295 307 318
A bill tu relieve the estate o.f Johu Caldwell, deceased.295 307 319 A bill to autlwrize the sale o certain lots of land belonging
to the State............................................ 295 299 355 384 A bill to fix the times for holding the courts in the North
Eastern Circuit ....................................... 300 317 330 341 A bill to amend an act to enforce paragraph 2, section 18,
of article 6 of the Constitution ...................................... 30(}
A bill to change the time hohiing Superior Courts in the counties of Pickens, Gilmer and Fannin ........... 313 317 354
A bill to prescribe the mode of signing and ce\tifying certain bills of exceptions ..................................313 355 391
A bill to correct certain mistakes of reference in regard to the lien laws..............................................313 355 39(}
A bill to fix the fees of Justices and Bailiffs in foreclosure of chattel mortgages ..................................... 313 355 393
A hill to amend an act to create a Board of Police Commissioners for Augusta..................................... 313 357 424
A bill to repeal all laws incorporating the town of Blackshear in Pierce county ................................314 357 425
A bill to prohibit sale of liqnor in 427th district of White
county .......................................................314 354 413 A i.Jill to amenu an act regulating the sale of liquor in tile
town of Eastman ....................................... 325 378 42(} A bill to incorporate the town of Rising Fawn, Dade
county........................................................ 325 373 425 A bill to incorporate the Miltown Branch R. R. Co.... 325 373 382 A bill to fix the liquor license of Washington county. 325 379 421 A bill to provide for extraordinary work on public
roads ..................................................;.... 325 373 414
A bill to amend the charter of Clarksville, Ga ........... 325 356 396-
A bill to incorporate the tvwn of Pelham in Mitchell
county....................................................... 325 356 404
A bill to incorporate Athens Mutual Insurance Co ...... 326 356 37()

INDEx TO SENATE JouRNAL.
A bill to prohibit the riding or driving of a horse without consent of the owner ..................................... 327 355 388
A bill to regulate liquor license for ~lontgomery Co.....327 354 420 A bill to repeal an act establishing Commissioners of Roads,
Revenue and Paupers for Murray county..........327 356 413 A bill to amend section 4259 of the Code............. 327 354 397 422 A bill to allow the woods burned in Coffee county, between
certain dates......................................................327 381 A bill to prescribe the moue of establishmg tl.Je lines of
certain lots in Cliucll county ........................... 327 355 401
A bill to repeal an act prollibitiug tile seining for fisll in certain creeks of Clinch county .................. 327 356 395
A bill to cllange tile time of llolding the Superior \ ~ourts of Clayton county ............................................ 327 56! 657
A bill to grant cer:aiu privileg :s to R C. :i\iitcllell & Co., in relation to abstracts of titles, etc .................... 327 3fi5 388
A bill tJ make it peualo use explosive substances for killing fish in the streams of tllis State ...................... 327 355 395
A bill to confer certain powers on the Ordinary of n,.uglas county .............................................328 378 398 4!6 459
A bill to cllauge tile time of holding tile ::iuperior Courts for Quit111au county..................................... .. ....... 328 356
A bill tu change tile time of l.Jolcliug Superior C<mrts for U ptun county ............................................. 328 355 415
A bill to amen,! section 829 of the Code .................. 328 381 644 A bill to fix the liquor licet.se for Webster couuty............ 328 356
A bill to fix tile liqu>r !icense fur Cllarltou county 32'3 356 3!l3 401 A hill to continue in fnrce au act autllorizith, the Commis-
sioners of Dougherty county to issue bonds ...... 328 373 388 A bill to amend an act establishing Commissioners for Co
lUiul>ia ronnty ............................................ 328 357 3.88 .A bill to cr~ate a Buctrd uf Co:nmlssioncrs for Worth
CJUllt}' ......................................................... 328 374 398
A bill to appropriate mone.r to enlarge tile Lunatic Asy. lum ........................................................... 328 3-56 370
.A biil to provide for tile i.sue of new bonds for Clurke county ...........................................................328 378
.A bill to relieve Lowe and others, bondsmen of Rouse. tax collector of Worth county ............................. 328 374 385
.A bill to authorize the Commissioners of Floyd county to purchase certain briJges, etc ................................329 459
.A hill to provide extra compenAation f 1r Sheriff and Clerks 8upcrior Court for Burke county ............... 329 356 368 453
A bill to amend tilP. charter f tl.Je Savaum1h, Florida and Western Railroad Company ......................341 356 369 376

INDEX TO SENATE JouRNAL.

797:

A bill to amend the charter of 1\:Iacon.......................357 379 394 A bill to amend the charter of Dahlonega................... 358 377 425 A bill to supersede the old and establish a new charter for
Buchanan in Harralson county........................358 419 438. A bill to !lx the time for elections in Eastman.............358 377 414 A bill to refund money to Home Insurance Company of
N.:w York .................................................. 358 379 405A bill to refund money to Underwriter's Agency of New
York...........................................................358 379 404 A bill authorizing the City of Americus to appropriate cer-
tain moneys for school purposes......................358 379 39(). A bill to authorize the City of Americus to increase its
ind~btedness.................................................358 378 391 A bill to change the t.ime for holding Superior Courts for
1\Iarion county..............................................3fi8 373 394 A bill to repeal section 1711 of the Code, etc............. 358 378 421 A bill to prohibit sale of liquors in Glynn county ....... 358 380 403 A bill to change the time of the spring term of Macon Su-
pe11or Court............................................... 359 374 415 A bill to increase the liquor license of Camden county 359 380 393. A bill to repeal section 6 of the general tax act.. .............. 359 418 A bill to repeal the registration laws of Camden county 359 379 413.. A bill to amend an act creating a Board of Commissioners
for Chattooga county....................................359 409 465 A bill to incorporate Wrightsville and Tennille road
Company ...................................................359 429 456 A bill to provide for kt!eping a wild land record in each
county.......................................359 381 433 503.508 565 A bill to regulate the pay of public school teachers ..........359 686.
A bill to amend certain acts in relation to the road laws of Fulton county..............................................371 379 403
A bill to alter the corporate limits of Bowdon ............372 409 421 A bill to declare the limits of the militia districts of Cal
houn county................................................. 372 377 397 A bill to amend the chttrtt"r of Palmetto............. ......372 379 392 .A bill to confet police powers on conductors of railroads...372 881
409 A bill to amend the charter of Macon as to election of clerk
and treasurer of said city.............................. 372 879 394 A bill to require Clerks of Superior and City CourU! to
make immediate record of certain papers .... 372 409 426 720 A bill to regulate the sale of liquor in Charlton county ...... 372 380
A bill to submit the question of purchasing the. Holdridge property to the people of l\:Iacon.....................372 502 648
A bill to regulate practice in the Supreme Court.........372 540 569 A bill to relieve Elder James W. Howard and others...373 419 439.

INDEX TO SENATE JouRNAL.
A bill to amend section 4194 of the Code...................373 517 658 A bill tort-peal an act relating to Bartow county bonds.... 37ll409
A bill to prevent the purchase or sale of seetl cotton between certain hours ...................................... 373 380 522
A bill to appropriate money to rebuild the North Georgia Agricultural College ......................................382 409 436
A bill to regulate the license to sell liquor in Telfair county .................................................................382 409 437
A bill to enlarge the jurisdiction of the City Court of Savannah...........: ...........................................410 419 439
A bill to fix venue for suits against Telegraph Companies .......410 419 440
A bill to chauge the time of holding Supreme Court for Troup county...............................................410419 440
A bill to prohibit the sale of liquor near I.ong Cline, Troup county .......................................................410 418 441 0
A bill to prohibit the sale of liquor in Walton county.... 410 419 695 724
A bill to prohibit the sale of liquor near PrOSl'JeCt Church, DeKalb county........................................... 410 419 439
A bill to amendthe charter of Macon...........411 418 437 523 649 A bill to amend an act creating a Board of Commissioners
for Greene county.........................................411 420 437 A bill to prohibit the sale of liquor in Forsyth ............411 516 567 . A bil to regulate trial of equity cases referred to Master in
Chancery ......................................................411 564 658 A bill to amend the ch:uter of Decatur..................... .411 418 439 A bill to amend the charter of Tennille.....................411 453 579 A bill to incorporate the town of McVille ............... .411 433 457 A bill to incorpuratt- the Augusta Canal and Savannah Hiver
Steamboat Company.....................................411 420 440 A bill to fix the official term of _the Mayor of Augusta... .411 457 A bill to provide for electrotyping the Supreme Court Re.
ports ......................................................411 454 470 A bill to prevent camp hunting in the night...............412 433 503 A bill to incorporate Broad River Railroad Company.412 420 441 A bill to amend the charter of the Citizens Bank of Au-
gusta........................................................... .412 418 457 A bill to incorporate Dahlonega Savings Bank .................419 440 A bill to autho!'ize the publication of the new Code ... .4ll1 453 464 A bill to amend section 244 of the Code.........................431 4.52 A bill to amend the act creating a Board of Commissioners
of Lee county.............................................431 452 467 A bill to prohibit the sale of liquor within a wile of 'Guion-
ville A. M. E. Church, Monroe county.............431 452 467

INDEX TO SENATE jOURNAL.

799

A bill to increuse the liquor license tax in Bryan county... 431 452 468
A bill to prohibi~ the sale of liquor at Delhi, Wilkes county... 431 452 466
A bill to prohibit persons interest~d in the sale of school books from serving on Boards of Education......432 453 468
A bill to repeal an act establishing a school system for Cartersville .......................................................432 453 469
A bill to amend the charter of Hampton ..................432 523 567 A bill to provide for the payment of insolvent costs to the
Clerk and Sheriff of IUci..mond county ........... .432 453 468 A bill to repeal the local road laws of Bryan county.. 432 453 468 A bill to apply all moneys, above expenses derived from
inspection of fertilizers, to the school fund .......432 480 503 A bill to apportion representatives to the several coun-
ties .............................................................432 500 702 A bill to repeal the charter of Weston ......................432 453 460 A bill to amend section 4424 of the Code.........................447 452 A bill to authorize the city of Savannah to tax the property
of the S., F. & W. R R..............................447 540 570 A bill to regulate the sale <If liquor in Polk county......447 454 469 A bill prohibiting the sale of liquor near J\it. Carmel Church,
Gwinnett county ...........................................447 452 470 A bill to incorporate the Uovington and South River Rail.
road Company..............................................447 480 5:!6 A bill to repeal au act to keep the rivers of the State open
to fish, EO far as relates to Harralson county ...447 453 469 A bill to incorporate the Citizens Bank of Savannah .447 524 648 A bill to establish a permanent Bo~rd of Education for
the town of Lumpkin ..........................................447 502 A bill tn establish a new charter for the town of Frank-
lin .............................................................448 453 466 A bill to appropriate 55,000 00 for repair of public build-
ings at 1\lilledgeville ......................................448 501 581 A bill to reincorporate DeSot, in Floyd county.......4ii4 480 505 A bill to amend an act creating a Board of Commission.
ers for Fulton county.................................. 454 481 571 A bill to relieve E. Polk, security of Jeff Dobbs .......454 481 530 A bill to appropriate money to pay bond No. 225 ..... .454 481 543 A bill to require each county to defray expense3 of its own
lunatics.....................................................454 481 580 A bill to incorporate the Southside Street Railroad Com-
pany.....................................................455 474 539 651: A bill to provide new jury lists, etc..........................471 481 506 A bill to prohibit the sale of liquor near LaFayette, WaJ.
ker county....................................... :............471 481 497

Boo

INDEx TO SENATE JouRNAL.

A bill to provide for the enforcement of certain bonds of county officers........................................... .471 481 57S'
A bill to rPquire Judges to furnish w'riten instructions to juries in certain cnses ..................................472 480 507
A bill to amend ~ection 3509 of tbl' Code ...............472 481 656 A bill to prohibit the sale of liquor in Wilkinson coun-
ty............................................................. 47:! 480 507 A bill to amend section 1408 of the Code............. 472 481 506
A bill to amend section 4139 of the Code............ .4.72 481 507 A bill to amend an act to prevent cruelty to animals...... 472
480506 A bill to amend an act prescribing fees of Solicitors of
County Courts....................................................472 480
A bill to relieve Oemulgee Building and Loan Association 472 501 A bill to submit the liquor question to the voters of Sumter
county.........................., ..............................472 516 687 A bill authorizing the authorities of Dalton to levy a 3pecial
school tax................................................... 472 481 5e2 A bill to relieve the Bibb Building and Loan Assoicatiou....472 502 A bill to relieve the City Building and L1an Association of.
Bibb county .......................................................472 501 A bill to relieve the Home Building and Loan Association of
Bibb county ......................................................472 501 A bill to relieve Mechanics Building and Loan Asociatiou
of Bibb county.................................................473 501 A bill to repeal the charter of Vienna and reincorporate
said town.....................................................473 503 571 A bill to amend the charter .,f Talbott0n...................473 502 572 A bill allowing the voters of Macon county to determine
the liquor qncsti11n ........................................473 502 6.34 A bill to incorporate the Cedartown Railroad Co .........473 502 566
A. bill to incorporate tbc Elberton ancl Pttersburg Railroad
Company....................................................473 564 656 A bill to amend the charter of Bainbridge, Cuthbert and
Columbus Railruad Company ...................473 501 530 542 A bill to prohibit the sale of liquor in the 489th district
G !\'[,, known as Howard's district.. ................482 517 655 A bill requiring Judges of Superior Courts to give in charge
t)le act as to cruelty to animals.............................482 521 A bill to malw the Jury Commissioners of Fulton county
aiso Cl'mmiseioners for the. city of Atlanta .... 482 524 582 A bill to provide a Board of Commissioners for Emanuel
county ............... ;.. ,......................................483 516 580 A bill to prescribe the mode of effecting legal ser-vice of
minors....................................... .:... ..................483 521 A bill to regulate the sale of pistols, dirks, et.c..........483 690 741

iNnEx TO SENATE JouRNAL.

8or

A bill to prohibit drivmg cattle into Rabun county at certain seasons.......................................................483 721
A bill to provide for l"egistration of voterR in Savannah 483 517 689 A bill to amend an act to construct a railroad from Elberton
to intersect with theN. Y. & N. 0. Air Line.... .483 524 583 A bill to amenu the charter of Sharpsburg...............484 502 584 A bill to incorpomte the Chattal10ocbee Canal Co ...........484 502
A bill to amend an act chartering the Talbotton Railroad Company ....................................................484 502 647
A bill to prohibit the sale of liquor in Lutherville.....484 502
A bill to refund illegal taxes to Atlantic Fire Insurance Company ....................................................484 501 548
A bill to compensate the County Board of Taliaferro county .........................................................484 501 553
A. bill to refund illegal taxes to the Continental Insurance Company of New York ..........:.......................484 501 544
A bill to refund illeglll taxes to Franklin Insurance Com. pany of Philadelphia.....................................484 501 545
A bill to refnud illegal taxes to the American Insurance Company of l'hiladelphia..............................484 501 547
A bill to refund illegal taxes to the Fire Association of America............ ..... ... .. ...............................484 500 546
A bill to amend an act to enforce paragraph 1, section 1, article 7 of the Constitution...........................484 501 518
A. bill to prohibit fishing in on the lands of D. Clayton,and others ....................................................485 502 508 662
A bill to amend an act to prevent the driving of diseased cattle into places where they are not diseased......485 501 522
A bill to prevent the reckless destructlon of fish in Screven county........................................................485 502 579
A. bill to amend the charter of the Gate City Street Railroad
(,ompany.....................................................498 523 573 A uill to incorporate the town of .Morrow:;................498 516 580 A bill to incorporate the Dahlonega, Dawsonville and
Gainesville Telegraph and Tt:lephoneCompany..498 516 655 A bill to incorporate the Kingston, Walesca and Gaines
ville Railroad Company..................................498 516 570 A bll to incorporate the Logansville Railroad Co .......498 516 553
A bill to refund illegal taxes to the Insurance Company of North America.............................................498 515 552
A bill to refund illegal taxes to the Lorrilard Fire Insurance Company......................................................499 516 548
A bill to refnnd illegal taxes to the Girard Fire Insurance Company...................................................499 515 552
SI

-----~ . - -------"---'

802

INDEX TO SENATE JOURNAL.

A bill to authorize the town of Butler to issue bonds.. .499 fi15 570
A bill to refund illegal taxes to Manhattan Fire Insurance Company.............................. :..................... .499 515 fi46
A bill to refuud illegal taxes to the Niagara Fire Iusurance Company .................................................. ..499 515 546
A bill to exempt toll cotton at tlw gin from seizure and sale, etc ........................................... .499 521 542 563 656
A bill to amend an act approved October 16. 1879, as to foreclosure of chattel mortgages.......................... .499 540
A bill to create a County Court for walt m county .....499 ii16 525
A bill to fix the date for commencclllent of imprisonment of penitentiary convicts ..................................... .49!) 521
A bill to fix the time for holding ~Iitchell Superior Court ...................................... , ................. 499 516 553
A !Jill to establish a Boanl of Pharmaceutic Examiuers, etc....................................................... .499 516 572 683
A bill to regulate the practice of medicine in this State 500 516 567 A bill to incorporate the Etowah and Blue Ridge Hailroad
Company.....................................................500 541 6:i6 A bill to exempt Floyd county from the general law in rela-
tion to the letting out bridge contracts, etc ........ 512 524 570 A bill to exempt Floyd county from the operation of sec-
tion 671 of the Revised Code ........................512 523 569 A bill to amend the game laws of LowndEs, Thomas anti
Putnam counties, so far as relates to Thomas Co 512 523 583
A bill to authorize the Commissioners of Twiggs county to purchase property at tax sales ....................513 540 655
A bill requiring the Judge of Superior Courts of Jackson county to publish the order of trials in~advanee 513 524 569
A bill to amend the charter of ::lavannah in regard to elections of Jailor and Superintendent of jails....... 513 541 685
A bill to abolish the County Court of Troup county 513 523 560 755
A bill to make it a misdemeanor to obstruct the free passage of timber on water courses........................... 513 676 719
A bill to repeal an act amendatory of the road laws as to DeKalb county ................................................... 513 523
A bill to alter the time of holding the Superior Court of Baldwin county....................................... 513 523 573 580
A bill to amend the charter of Camilla...................... 514 524 577
A bill to incorporate the Atlanta Home Insurance Company 514 524 543
A bill to incorporate the Atlantic & .M:ississip)}i TelegrapJ, Company .................................................... 514 524 584
A bill to refund illegal taxes to the German American Insurance Company ..............................................514 523 549

INDEX TO SE~ATE JOURNAL.
A bill ro appropriate illegal taxes to Williamsburg City Fire Insurance Company .......................................514 524 551
A hill to refmul i!legrtl taxes to Westchester Fire Insurance Compau~ of New York ................................514 524 550
A bill to make permanent the income of the State University..........................................................5141i64 654
A bill to refmrd illegal taxes to Plroonix Insurance Company of Brucklyn, N. Y .....................................514 524 550
A bill to relieve tlre hondsmenvf Stonewall Rifles.....514 523 578
A bill to incorporate tlre Coviugtun & Ocmulgee Railroad Company ....................................................;i14 540 656
A bill to regulate the building of bridges in Polk l'o...515 524 657 A bill to amend an act to provide for tlrc better organization
of volunteers of a.,orgia .................................515 541 A hill to refund illtgal taxes to Penm;ylvania Fire Insur-
1\llCc l 'ompany ................................................... 524 540 A bill authorizing municipal corporations to colle:t appear
ancc bonds........... ...... .......................531 li64 ii84 647 A bill providing a polict: for Hiclrmond county .......... iiil11i64 657 A bill to confer additional powers on incorporated towns
and villages....................................................... 531 540 A hill imposing taxes on dealers in iron safes....... 531 564 658 700 A hill to amend section 1562 of the Code..................531 539 571 A bill to aboli!;h the County Court of Richmond Co ... 531 541 568 A bill to cr~ate a Board of Connnissi01:ers for Hancock
county ........................................................ :i31 540 640 A bill to amend section il6!l8 of the Code .................532 6tH 692 A bill to amend the several acts creating county bouds fur
Jones, Chattahoochee, Douglas, Bullock and Heard........................................................532 660 692 A bill to prohibit tlw Rale of liquor within three miles of Davisboro' Baptist Uhnrch ..................51!2 541 578
A bill to define ccrtaiu duties of the County Board of Glynn county ........................................................ 532 541 684
A bill to establi!'h a City Court for Richmond county .532 541 567 A bill to authorize foreclosure of mortgages in equity .532 539 582 A bill to make certain sections of the Code applicaLle to
certain districts G. l\1. ........................ 532 541 697 A bill to repeal paragr~~ph 4 of section 7, article 3 of the
Constitution ................................................532 696 472 A bill to prohibit the sale of lil[UOr in Bnrke county ...532 .'i41 568 A. bill to submit the liquor question to the voters of Worth
county ........................................................532 540 572 A bill requiring Clerks of the Superior U<urts to deliver up
ballot!!, etc.................................................. 532 540 578

INDEX TO SENATE JouRNAL.
A bill to incorporate the Rome c..nal and Water Com.
pany... .. . ..... ...... . ...... ... ..... . .. . ... ..... ... .... ... 533 .539 569
A bill to incorporate the Greenville and White Sulphur Railroad Company ..................._. ..................:i33 540 572
A bill to incorporate the Brunswick and Flint River Railroad Company.............................................. 533 540 578
A bill to incorporate the l\fiddle Georgia Railroad Company ....................................................533 540 659 691
A bill to repeal the charter of Lutherville ............ 533 539 585 654 A bill to enlarge the powers of county officers in regard to
the levy of pauper taxes .............................;)33 564 649 A bill to amend section 13 of the act to perfect the public
school system ............................................. 533 540 583 A bill to protect the farming interests of 1\ionroe Co...533 564 648 A bill to regulate the sale of liquors in Gwinnett county .........541 A bill to incorporate the Chattahoochee Canal Company 542 545 A bill to enable the University Trustees to establish a sys-
tem of free tuition ........................................ 545 659 688 A b.ll to amend an act to regulate freights and tariffs on
railroads in this State ..................................545 564 663
A bill to provide compensation for Sheriff of Supreme Court in pauper cao;es............... :....................574 661 683
A bill to make vendors of fertilizers warrant the same to he merchantable ...............................................574 697
A bill to prevent the spread of certain diseases among animals................................................................. 574 699
A bill to amend an act providing for the payment of in solvent costs in Hancock county ..........574 699 702 752 755
A biil to incorporate Groveton ................................574 661 693 A bill to enforce paragraph 6, section 4, article 5 of the
Constitution .....................................................574 699 A bill to amend section 4505 of the Code..................574 660 689 A bill to authorize proceedings in equity in certain ca~es
of insolvency................................................575 678 733 A bill to prohibit the distillation of grain in this State for
twelve months............................................. 575 676 738 A bill to protect creditors in cases of assignment by in-
solvent debtors ...........................................575 660 689 A bill to regulate the time for elections by the General
Assembly................................., .................575 677 704 A bill tu repeal an act creating a Board of Commissioners
for Madison county..... .. ... . .. .... .. ... . ...........575 660 688 A bill to require registration of returns of marriage li-
cense....................................................575 677 721 740 1\. bill to amend section 1427 of the Code ..............................575

INDEX TO SENATE JOURNAL.

sos

A bill to amend section 4368 of the Code ................... 57.''i 659 686 A bill to incorporate the town of Millen .................. 575 660 692 A bill to incorporate the Covington and N. Georgia Rail-
road Company .... .. .. .. .. .. .. .. .. .. .... .. .. .. .. . .. .....575 661 693 A bill to place the government of Penfield under com-
missioners ..................................................575 659 694 A bill to amend the charter of Summerville, Chattooga
county ....................................................... 575 660 686 A bill to authorize cro~sing of Ogfechee Canal by bridge,
etc ....................................................... oo 575 ..... 660 695 A bill to incorporate the Monticello and Trans-Ocmulgee
Railroad Company........................ oo ............. .fi76 661 689 A bill to incorporate the Georgia Southern and Florida Rail-
road Company . . . . . . . . . . . . . . . . . . . . . . oo .. oo ................. 576 659 693 A bill to incorporate Alapaha .............................. 576 661 694
A bill to incorporate the Elberton and 1:-'olnt Peter RailroHd Company ....................................................576 659 692
A bill to authorize the State University to accept a school in Hamilton, Harris county, as a branch .......... 576 675 707
A bill to make the fence Jaw apply to any porion of r.ny county ................ ..'i76 660 684 00 .... 00 .... 00 ........................
A bill to pay B. F. Cnlp and John Burch a reward for arresting Charles F. Kelley ..................... oo.oo ..576 660 685
A bill to require the chairman of the Finane" Committee to
keep a register of certain bills ........ 576 oo .............. 659 686 A. bill to encourage the building of the M. and N. G. Rail-
r o a d . . . . . 577 677 708 oo . . . . . . . . . . . . . . . . . . . . . oo . . . . oo .. oooooo . . . oo .. oo . . . . . . A bill appropriating $1,500 00 to buy books for the State
Library.......................................................577 675 721 A bill to prescribe the mode of returns to the Comptroller
General by Insurance Companies.................... 577 660 686 A bill to change the fiscal year and provide when reports
shall be made .............. 577 675 729 00 ................. oo ........... A bill to abolish the County Court of Screven county. 649 678 829 A bill to fix the rule for returning divided lands for taxes.... 649
678 740 A bill to amend an act creating a Board of Commissioners
for Taylor county ........................ 00 .............. 649 676 719
A bill to enforce paragraph 3 of section 1, article 11 of the Constitution ............................................... 649 677 725
A bill to amend the acts relating to letting out contracts for public buildings, etc .......................................... 649 676
A bill to amend an act to amend secttion 3574 of the Code...... 649 677 720

8o6

INDEX To SENA~E JouRNAL.

A bill to create a Board of Commi5sioners for Polk Co. 650 676 720 A bill to amend section 3214 of the Code ......................650 699 A bill to authorize the compromise of a claim of Howard
Van Eppsfor imolvent costs ..........................650 676 702 A bill to atnend the road laws so as to allow gates in certain
cases to be placed across public roads.............. 6il0 699 739 A bill to amend an act to provide the manner of municipal
tax sales ......................................................650 675 789
A bill to amend section 1631 of the Code ................... 650 678 ua
A bill to correct an error of date in a bill passed at this session ........................................................651 676 741
A bill to incorpOiate the Cummings & Suwannee Railroad Company .....................................................651 677 708
A bill to incorporate the Savannah Frei~ht Tramway co. 6.51 678 728 A bill to incorporate Romney ~Iarsh Canal Company. . 6:)1 67'> 719 A bill to incorporate navigation companies in this State 6'il 6"77 705 A. bill to incorporate :::lavannah Transportation Uo....... fi51 675 727 A bill to provide compensal ion for the Commissioners of
Dougherty county........................................G52 677 726 A bill to make supplemental appropriations....652 715 74i{ 757 760 A bill to make appropriation for Van Dyke and others 6il2 676 '705 A bill to appropriate money to the Deaf and Dumb Insti-
tute ........................................................... G52 676 722 A. bill to establish a Board of Commissioners for Screven
county ....................................................... Gil2 677 7'!6 A. bill to prohibit hunting and fishing on another's land in
Tatnall county .......................................... 6.}2 677 725 A. bill to require ownerR of stock in Putn~uu county to keep
thl;! same fmm running at largt,..................... li'l2 676 707
A bill to repeal an act to encourage tmigration ...6G2 ()78 732 744
A bill to make it unlawful for owners of cotton compresses to mutilate the bagging, etc ........................... (i:)2 678 704
A. bill to extend the provisions of st,ction 1449, 1450, 1451 1443 and 1454 of the COLle ........................ 652 655 676 711
A. bill to amend the cllarler(,f Walton Co. H. H., ...... 653 678 707 A. bill to incorporat.P the Intlian 811 ings Hail road Co.... 653 678 726 A bill to amend the charter for a railroad from Athens to
Clayton, Ga ................................................. 653 675 720 A. bill to incorporate the Gainesville. Blairsville & State
Line Railroad Company ................................ 653 675 730 A. bill to authorize the Council of Thomaston to issue
bonds ............................................., ............ 653 678 740 A bill to promote nwdical science by furnishing bodies for
dissection .................................. 061 677 722 733 736 757 A bill to appv6priatc the sum of balance due Han. W. W.
Holt, as salary .............................................. 661 677 706

. l:sJJE\ TO Sr.::-~ATE Jot:KN.\L

HOU::iE 1tE:-iOLI Tl' :"S-

Hda.tin~ to 1ii'J tne...:tion of a.u early adjounllneut.. ...... :!l 2~11 2!}:!

410 li90

.\1tti:oriziag tll'' ~t"ttt Tna~ur:r to puy intere~t on rprtain

IJ'Il 'l" ........................................................ .4iil) :)03 :)81

Provil'nc ,,, .. ti:P ,aln:ttion of th" h: Capito\ 11t :llilledg-~-

vilJ.... ... . . ........ ... .......... ......

...... 101

Ht'latin~ to :\litLlHlr~ :-:.y:--lI11 ,-,f Bt.d,-l~~:!p!nf! . . . . . . . . . . . . . . . . . . . 7fiB

h ""~ati.,;, 111 tile <latiJ ,.f Hon. H. L. :\Iua ........................ 103

,\,:thorit.ii'!-;' !h~ tfoYl'!nnr t.) p!.lrcb.1St_~ an Ana.iytif"al

l.1l \. f ~llil~"~'lllC l 'ot!rt Hepu!t ..: ..................':1.14 j,;q 180

H~!:tti:~.~ tiJ TlH Lnt1nd ,;: :'L'~.Wl't>ll ~o~t:h Carolina. ancl

( ;;cr:ia...... .. ................................................. 14~ 160

CIJ~!.:1~i;1/ th~ l1>~.r-- t'Hr da!ly lll'''.'iing- cJf Senak ...... ~ ...... G3fi

1\~ P:t) !1': ~ :-~"=iut-,ti-Arnl~ nt tih .Jnint CouJ "n Ll:t~t:

<>It' \1. ;, .\. i: lL .................................. 16,) 16ti 17:!

Appoiil!_itJg- .l Jn:11: t\):.ntlt( to itn:-iti_~att' 1lit' ~~alt: t)f

tl,e ~!a. n anrl Br'u''" ik H. H..................... :?OG '!~:.? :?~;;

Fixing- 1he titllt' o:

:\c"!!Jea-=-!t! t! .fn.1i('ial \ ;IT' 1it .................................. :!1;

Ir.\,t\:!~~ : l!' -'-~.~!. ( ~,. ";I, 1" of tl~( ;-:;t;~lt eiJ;Vt'l'.'iity tu ~ld-

Al~t!lnr! '''\~ :11

)<)) " ................ " .. ...... ~ J
>::<:111 ';J,~t:--.l!rer :o ::..l':l ce~tuin Bal\hrin

t:.,,mty !;rd:; Bow!- ............................ :!~; U! 260

H(.:,~l.iillJ 'o tl;.~ ~:~atb uf th Pn::--itl~at. ........ : ...................... ;,v;_,

Ht~-lU('.'~fh::.. ! i~t u,,,-i'r!l(ll' tu l'Pturn ! luU:o"{' ni!l :\o, ;J l ............. ~28

..-. \uth11li<11.~ OllliiJi:-'~itner ,)f A.!ilrulttntc 1o,;;.n spcfi ..

:.1~ ;:~ qf \\ ool, n1it11ral~. , t .................. .. .... 3'2fJ 3.~7 00~
A\('C('<I\.lin:; l0rtn;u pri\ il.~gt ~to CuJ. Cllarlf'S c. .lOl.H~f-\ ... :~~!1 :J07 auJ
To pu,\ till' ltc'rs ,,f JloH. A. J. lhu,(ll anJ J. ~r.

Wilcox ................................................... ;).)>' 1,)4 ;)05

TnHlerin:; tit;,nk' to lf < .. Will. :'>l. ltee,;e ........................... ~17!

Granting W. N. Harrison tht pn \ilc~c (,f !'tL.lllh:;:.in.-.!

tlw Jaw,: ..................................................... :;~~ 3>:~0 406

H~lating t' procet,\s <lf t;tate property ...................... :ll~ ;J~O 39;l

Relating to religiou:-: .-.crYi<T~ lu hel1alf of recovutT of Uw

t>r(1~idro11t ... ... ... . ................................................. .3Hi

L{elatin.~ 10 p!lymenf of ccrluiu a(lverti ...in~ t,iil~ ..................... ";Jt;

.\'itltr.riL'll!! Govemor to purchase <'ertain Supten;e

Court He port.~ ..........! ............................... A 1:? 408 !70

Hebtin~ to the propc:ty of tlw Georgia Lottery........ .431 4J4 410

Pml'irlin~ payment of llli:eage to llll'lllhers of the

Grnen: .b.'mHhly ........................................44-S 4R2 :i21i
c\nthm:zin PlL.\'IUCIIl of balance of p< diem ~lie lfol' .

.1:1..,;. T. 1 :iovt'r, dtctasl'd......................................Jn3 5:!.U

,o8

J ,JND&'t TO ~$E_N.4:J;E O!JR!'iA1...

'~.:.f ", \ ' :: ;,_ ":<~u ~:-

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Relati.ngto the payru_;~t ofeertain coupons of tlie M.

/
:.l:
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,~>~~~ . /F ~ :~:
:, ;:,~ "

. & B. .R. R ......... ::~ ... .:............,".:.;.'..-. -;;,,.'.. ;....5717 061 69"0.
Relating to the inv~stigati)n of<'o~stiu~tlon~ln Sayo.nnah : ;o
1 0 1 __ R Hivcrh-aboy;c Atugusta\.-:t:~'r;:: ...._..: .....:.................650 ss2";
. - .e1.~tmgto t e or,;: QW-n, en enma :"................................7.63<l
Authorizing the Governot; to"call out t!ie' Mrfitia. to suppress -~.'~
. ._ ~ insurrec~on;i~lSavan~;~~~ .. ,...:.::.,;,::-::::<: ...................6~2.

Rcqucstitig the ~tesii:lent"to-'panlon viohitors .of the Revenue "'



Laws......... .'~_.......-.: ....... ,....?...;.::~~;~~~- .................'......694-

Rerluesti!Jg the Governor. to h1vestiga}o,~ ,the case of James

Denton, a t:itate convict; e!c.-................,; ..:................. 700
to Helllting ~e:naill lan~ls of the State lying .o~.Ute l\L & B.
/.... ,R. R.-::~; ......... :.., .... .-...~-.-eo................. ::_... :: .... :...........100

A.tolishing .the office M State- Geologist ..... .... ::, ..,........... ......755

.:J\uthii!ziugthe Governor"to investigate the lease of the

. ' . Indiat1 Sprjngs Reservation ................................ :.....700

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